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A
New Law - Dictionary :
.CONTAINING,
The Interpretation and Definition of WORDS and
TERMS ufed in the LAW; and alfo the WHOLE
LAW, and the PRACTICE thereof, Under all the
HEADS and TITLES of the fame.
Together with
Such Informations relating thereto, as Explain the
History and Antiquity of the Law, and our Manners, Cuftoms,
and Original Government.
Collected and Abſtracted from
All Dictionaries, Abridgments, Inftitutes, Reports, Year-Books, Char-
ters, Regiſters, Chronicles, and Hiftories, Publiſhed to this Time.
And fitted for the Use of
Barristers, Students, and Practifers of the Law, Members of Parliament,
and other Gentlemen, Juftices of Peace, Clergymen, &c.
The Fifth Edition, with Great Additions and Improve-
ments, and the LAW-PROCEEDINGS done into English.
To which is annexed,
A TABLE of References to all the Arguments and Refolutions
of the Lord Chief Juftice HOLT; In the feveral Volumes of the
Reports.
By GILES JACOB, Gent.
In the SAVOY:
Printed by HENRY LINTOT, (Affignee of Edward Sayer, Efq;)
for R. Ware, A. Ward, J. and P. Knapton, T. Longman
R. Hett, C. Hitch, J. Hodges, S. Auften, J. Rivington, and
J. and H. Pemberton. MDCCXLIV.
}
7
1
To the RIGHT HONOURABLE
Sir ROBERT RAYMOND, Knt.
t
Lord Chief Juftice of England.
1.
t
#
My LORD,
A
1
7
'
on a
T length, by your Lordship's generous
Encouragement, vouchfafed me
me on
former Dedication to your Lordſhip,
my New Law-Dictionary appears to the World
committed to your Patronage and Protection,
and as You are univerfally allowed to be the
moft proper Patron for a Work of this Nature.
It hath been often obferv'd to be a Commen-
dation to any Perfon, to attempt any Great and
Ufeful Undertaking; but it is not every One who
engages in it, is Able to perform it: Whatever
Cenfure, in this Particular, is pafs'd upon me
by the Readers, my Judges, I have one very
great Satisfaction; which is, that your Lord-
Thip is at the Head of them, whoſe powerful
Influence and kind Interpretation will filence
others into Candor and Good Nature.
To fay, That every Thing Praife-Worthy
belongs to your Lordfhip, is not to pay the
Debt of Compliment, but of Merit: As by in-
defatigable Study and Application to Bufinefs,
Reputation ever attended You; fo on your Ad-
vancement to the Supreme Station of the
Common Law, your Behaviour therein hath
evidently
The DEDICATION.
evidently gain'd You univerfal Approbation.
There have been Many who have filled the
prime Offices of Judicature, which muſt always
be fupply'd with a Succeffion of Men, tho' few
that have adorned them; But 'tis your Lord-
fhip's Glory to do both; And after the Great
Lord Chief Justice HOLT, it is the Happinefs
of the preſent Age to boast of a RAYMOND.
My Lord, Applauſe and Popularity Court
You, whilſt You endeavour to fhun them, for
they are the natural Reward of doing impar-
tial Juſtice; and thoſe who leaft feek them in
Publick Authority, by their great Integrity and
confummate Abilities have the largest Share of
Them: It is impoffible to be otherwife, than
that your Lordfhip fhould be a Favourite of
Mankind, when your whole Conduct is fo ex-
ceeding Just and Upright, as to merit the High-
eſt Honour; and give me Leave to obferve of
You, what every One finds who Approaches
your Lordship. and my balaj inter
On a Character fo very confiderable as your
Lordship's, much more might be enumerated;
but I am confcious of my Inequality to the
Task, and therefore defift from it, my only
Aim being to fhew how much I am,
'.
My LORD,
1
Your Lordship's
Moft Dutiful, and most
Obliged Humble Servant,
?
Giles Jacob.
حصہ
3
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}
THE
1
•
1
}
PREFACE.
A
1
1
1
LL Prefaces to Treatifes, are intended by Authors either
to Explain the Works to which they belong, and fet forth
the Reaſons of their Engaging in them, or to Vindicate
their Writings and Reputations from thofe Reflections which may
be cast upon them by the Critical Part of Mankind; and I think
it Neceſſary for me to Say Something on thefe Heads, in my Pre-
face to this Work.
}
3
According to a Great Writer, the Study of the Law is not
rendered eafy by numerous Volumes, but by reducing the Senſe
into a compleat methodical Syftem; and the Difficulty and
Difagreeableness of this Study, is not to be imputed to any ma-
terial Defect in it felf, but to the Manner in which the Books
that contain this Learning are Written: The Justice of this
Wife Obfervation, hath been always acknowledged; As our Abridg
ments of the Law abound with Tautologies and Confufion, and
are generally speaking very voluminous to little Purpose, which
has been a Principal Reafon for my Attempting the following
Sheets.
1
}
་
This large Work now published, contains the Derivations and
Definitions of Words and Terms used in the LAW, and like-
wife the whole Law, with the Practice thereof, collected and
abftracted from all other Books in an eafy concife Method; for
the Univerfal Ule of all Counsellors at Law, either in their
Chambers or on their Circuits, Students of the Inns of Courts,
and Practifers of the Law, and other Perfons of what Degree
or Profeffion foever, and for all Studies and Offices, being a Kind
of Library; fo that although I have the Interpretation of Words,
to give it the Title of a Dictionary, yet my Scheme is very
different from the other Law-Dictionaries: And the Great
a
Lawyer
!
3
The PREFACE
Lawyer Sir EDWARD COKE having ¨öbferv'd, that the Forms
of Writs, and judicial Proceedings, do much contribute to the
Right Understanding of our Law; Therefore thefe, together with
Forms of Deeds and Conveyances, illustrating the Practice `on
that Head, are here inferted: Further, the Reader will find in-
terfperfed, taken from the most antient Treatises of the British,
Saxon, Daniſh, and Norman Laws, fuch Informations as Ex-
plain the History and Antiquity of the Law, with our Mariners,
Cuftoms and Original Form of Government.
.
>
As in this Age it is become common for Arts and Sciences to
be comprehended in Dictionaries, I have pursued this Method,
and the Knowledge of the Arts themselves, cannot be improper
to follow the Terms and Definitions of them. Under the Heads
of Law, by the Advice of my Learned and Judicious Friends,
I have gone through and gather'd every Thing I could find
any ways Uſeful; and there is nothing Collected, but fome Benefit
may be drawn from it, either as immediately to the Purpose,
or Explanatory of what the fame hath Relation to: In my Lar-
ger Heads, where they interfere with others, I have but just
touch'd upon the Matters interfering; and left the particular
Learning to the more proper Heads where 'tis expected to be
found, at the fame Time fome Notice being required under the ge-
neral Titles.
I may with great Truth affirm, that confiderably above two
Thirds of my Work, with fome Hundreds of very material
Words, are intirely New in a Performance of this Kind; and
the remaining Part is greatly Improv'd, although Abridg'd as to
Quantity by omitting a great Deal of Obfolete Matter. There is
not any Thing in the following Dictionary, directly the fame as ap
pears elsewhere, but in fuch Cafes only where it was abfolutely Ne
ceffary for my own Juftification; (though the Compilers of the other
Law-Dictionaries have generally tranfcribed verbatim from each
Other. The Law-Latin in many Inftances differing from other La-
tin, I have purpofely ufed and followed it, as thofe have done who
have gone before me. Likewife feveral Words of Ufe, efpecially re-
lating to Country Affairs, are here ftill preferv'd from the Law
Interpreters, though they may feem a little foreign to my Subject.
As to the other Dictionaries, let who will for the Future Write
or Enlarge them, it must be always confefs'd, that it was I who,
firft attempted a BODY of the LAW, in any Dictionary. This I
I
ought
?
The PREFACE.
1
ought to mention, in Justice to myself; That it may not at
any Time be affirmed I have wholly built on other Writers, but
They on Me as to any Additions, if they should fill up their
Works in my Method beyond what they were in the Tear 1720,
when I firft began this elaborate Treatife. And if I have borrow'd
from my Own Writings hitherto Published, I have affumed no
Freedom in fo doing, but fuch as Authors of the beft Reputation
have thought fit to take; who have had Occafion to treat fub-
Jequently on their former Subjects, in any larger or more general
Work: Alfo I have every where inferted References unto them,
fometimes Pointing out the Beft Editions, where One Impreffion is
efteem'd better than another.
I have now made deeper and clofer Searches into the Know-
ledge of the Law, and taken a long Fourney of Obfervations
and Improvements on thofe Things which I had but just seen at
a Distance before; which however painful to my felf, I am con-
fident I have ftruck out therein a much eafier Path for Others
than they had before to Walk in. I have endeavour'd to make a
Right Choice of Matter, as well as to follow an exact Method,
which, with the Reduction that was neceſſary to avoid Prolixity,
I found no fmall Task; And of this I may fay with Virgil,
Hoc Opus, hic Labor eſt.
'Tis indeed True that my great Work is chiefly Collection; but
let this be Confider'd with it, That Collecting on the Subject of
the Law, is infinitely more difficult than upon other Subjects;
becauſe most other Subjects are treated of with Order and Con-
nexion, but the Law of England is not, by reason of the great
Number of its Branches, and the various Heads thereof.
As for what I have already written, a prudent Author will
commonly attempt many of the smaller Matters, by Way of
Trial of his Abilities, and See their Success, before he will have
Courage to venture upon Larger; and if I had not Experienc'd
what bath fallen in my Way, it would have been Impoffible
for me to have perfected the enfuing Treatife with that Ad-
vantage it is now handed to the Publick. And thus much I
am obliged to Say farther in Behalf of this Dictionary; That if
notwithstanding the infinite Pains I have here taken, it be not in
it felf Authority, it carefully refers to Books of the greateft, which
is all as can be alerted in Favour of any of the Abridgments of
the
'
The PREFACE.
the Law. But where there is fuch great Variety of Learning
and abundant Quantity of Nice Matter, with the utmoft Care,
there must be Jome Faults and Failings to be Pardon'd by the
Reader.
•
In this Fifth Edition, all the Law-Heads throughout are com-
pleatly filled up, and fome other's added, from the new Books of
Reports, and the many late Statutes enacted which have alter'd our
Law, down to this Time; I have also now inferted Variety of Se
lect CHANCERY CASES, that have been lately adjudg'd in the moft
fettled Points, difperfed under all the Heads where they were any
Ways proper or material. The Forms of Writs and other Law Pro-
ceedings, with feveral curious additional Precedents, appear like-
wife carefully Tranflated into English, pursuant to the Act of Par-
liament; but the ancient Cuſtoms remain in Latin, the Language
I found them in. I thus have render'd my Ufeful Book full and
perfect in all Things; and 'tis no fmall Pleafure to me, that the
Second, Third and Fourth Editions were very Successful, and the
greatest Part of a large Impreffion of the Work, as I had at first
Compiled it, fold off in the Space of a Year's Time, by the Appro-
bation of my Great Patron, and favourable Acceptance of the
Publick.
3
?
I hope upon the Whole, it is here fully apparent that I have done
every Thing in my Power to compleat this Great Undertaking, and
which I doubt not by my often repeated diligent Endeavours, will
continue to anſwer its good End propos'd, ſo as to give entire Satif-
faction to all Perfons whatsoever.
•
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G. J.
A New
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A
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New Law Dictionary:
3
CONTAINING
The Whole Law, and The Practice thereof, under all the
Heads and Titles of the Same.
}
1
A,
А В
A.
The first Letter of the Alphabet, which
being prefix'd to Words in English, figni-
fies as much as un in French, as a Man,
un Homme.
ab, From the Word Abbot, and in the Beginning
of any Place fignifieth that the Place belong'd to
fome Abbey.
Abacot, A Cap of State, wrought up in the Form
of two Crowns, worn by our ancient British Kings.
Chron. Angl. 1463. Spelman's Gloff.
A B
cauſe the ſaid Writ to be abated and quafh'd. Anno
11 H. 6. c. 2.
Abatement, (from the French) in Latin Intrufio, or
rather Interpofitio, to diftinguish it from Intrufion
after the Death of Tenant for Life; is uſed in that
Senfe for the A&t of the Abator, as the Abatement
and Entry of the Heir into the Land before he hath
agreed with the Lord. Old Nat. Br. 91. Abatement
when it relates to Writs or Plaints, is the quaſhing
or deftroying of the Plaintiff's Writ; and under this
Signification, which is moft general, it is an Excep-
tion alledged and made good in our Law; being as
Aba&ois, (Aba&tores, derived ab abigendo) Steal-much as Exceptio dilatoria with the Civilians. Brit.
ers and Drivers away of Cattle by Herds, or in
great Numbers. They are thus diftinguiſh'd from
Fures: Nam qui ovem unam furripuerit, ut fur coerce
tur, qui gregem ut abactor. MS.
Abacus, Arithmetick, From the Abacus or Table
on which the Antients made their Chara&ters.
Omnium liberalium artium peritus, Abacum præcipue,
lunarem compotum &curfum rimatus. Knighton's
Chron. lib. 1. c. 3.
Abandum, (Abandonum) Any Thing fequeftred,
profcrib'd or abandon'd. Abandon, i. e. In Bannum
res miffa.- A Thing bann'd or denounc'd as for-
feited and loft; from whence is to abandon, defert,
or forfake as loft and gone.
barnare, From the Sax. Abarian, to difcover and
diſcloſe to a Magistrate any fecret Crime. Si
homo furtivum aliquid in Domo fua occultaverit,& ita
fuerit abarnatus, rectum eft ut inde babeat quod quefi-
vit. Leg. Canuti Reg. cap. 104.
c. 51. And this Exception may be taken either to
the Infufficiency of the Matter, or the Incertainty
of the Allegation, by mifnaming the Plaintiff or
Defendant, or the Place; to the Variance between
the Writ and the Specialty or Record; to the In-
certainty of the Writ, Count or Declaration; or to
the Death of either of the Parties before Judgment
had; or for that a Woman Plaintiff is married be-
fore, or hanging the Suit, and for many other
Caufes, upon which the Defendant prays that the
Writ or Plaint may abate, viz. That the Suit of the
Plaintiff may for that Time ceaſe. Terms de Ley 1.
Some Caufes of Abatement, are where the Plaintiff
is incapable of maintaining his Writ, by the De-
fendant's being under the Protection of the Law, as
being an Infant, c. or by the Plaintiff's mifcon-
ceiving his Action; or afferting a material Thing
that is falfe, fo that it appears of his own fhew-
ing, he ought not to maintain his Writ in that
bate, As derived from the French Abater or Aba- manner, but intitle himself in a better Way. Mod.
tre, fignifies to proftrate, break down or deftroy; Entr. Engl. 25. On Abatement of Suits, all Writs
and in Law to abate a Caftle or Fort, is interpreted and Procefs must be begun de Novo: And one
to bear it down. Old Nat. Brev. 45. Weftm. 1. c. 17. great Reafon for the Abatement of Writs is, that
Abater Maifon, is to ruin or caft down a Houfe, and the Party profecuted may not be twice charg'd or
level it with the Ground: And as he that puts a vex'd for one Debt; as where the Plaintiff hath
Perfon out of Poffeffion of his Houfe, Land, &c. another Action depending for the fame Matter, &c.
is faid to diffeife; fo he that steps in between the 3 Lev. 304. In an Action of Debt, &c. another
former Poffeffor and his Heir, is faid to abate; and A&tion depending in the Courts of Westminster, for
this is a Term in its fpecial Signification. Kitch. the fame Matter, is a good Plca in Abatement: But
173. Old Nat. Br. 115. To abate a Writ, is to de- Plea of Action in an inferior Court is not good, un-
feat or overthrow it, by fome Error or Exception. lefs Judgment be given. 5 Rep. 62. In an Appeal,
Brit. c. 48. In the Statute De conjunctim Feoffatis, the Information, &c. it is a good Plea in Abatement,
Writ ſhall be abated, that is, fhall be difabled and that another Profecution is depending, but not on
overthrown. 34 Ed. 1. Stat. 2. The Appeal fhall Indictment. 2 Hawk. Pl. Cr. 190, 367. Error de-
abate, and be defeated by Reafon of Covin or De- pending in the Exchequer Chamber is a good Plea
ceit. Staundf. Pl. Cr. 148. And the Juftices fhall'in Abatement to Debt on Judgment in B. R.5 Mod. 68.
B
A Suit
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{
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1
t
A B
I
A B
•
But if
A Suit may be abated, for that the Writ in Debt mention'd in the original Writ, the Writ of Wafte
precedes the Day of Payment: For that there are fhall abate. Hob. 18, 38. Abatement may be alfo by
not fifteen Days between the Tefte and the Return the Plaintiff's Entry into all or Part of what is
of the Writ Lutw. 16, 25. Where a Defendant fued for; as in Affife for Lands, c. A Leafe is
binds himself jointly with another, and he is not made for Years rendring Rent, with Clauſe of Re-
named: Or the Bill is in Cafe, and ought to be in entry for Non-Payment, the Rent being in Arrear,
Account: And where the Plaintiff declares of fe- the Leffor brings Debt for it, and pending the
veral and diftin&t Caufes of Action in the fame Suit enters into the Land; in this Cafe the Writ
Bill; or it appears by the Plaintiff's own Shewing, abates by the Plaintiff's Entry. Plowd. 92. Stile 260.
that he had no Caufe of Action for the Whole or If two Defendants plead feveral Pleas in Abatement,
for Part, the Writ hal abate. 2 Mod. Intr. 18. and Iffue is joined upon one Plea, and a Demurrer
4 E. 4. 32. Where a Demand is of two Things, and upon the other; if the Iffue be found againſt the
it appears the Plaintiff hath an A&tion only for one, Plaintiff, the Writ will abate against both Defen-
the Writ may not be abated in the whole, but fhall dants. Hob. 250. The Court Ex Officio abates Writs
ftand for that which is good: But if it appear, that for want of proper Words of Art, Want of legal
altho' he can't have this Writ which he hath brought Form, &c. And falfe Latin would formerly abate
for Part, he may have another, the Writ fhall an original Writ; but not make void any judi-
abate in the whole. 11 Rep. 45. I Saund. 285. A cial Writ, Plea, &c. Latch 178. An Original tefted
Writ of Ejectment fhall be abated, on its appearing in the Reign of a King, who dieth before the Re-
to the Court to be fued our before the Caufe of turn, by the Common Law 'tis abated and gone,
A&tion. Cro. Car. 272. In Cafe Adminiftration was and fhall not be returned in the Reign of another.
granted after the Action brought, and this appears, Dyer 165, 206. But by Stat. 1 Ed. 6. c. 7. No Writ
the Plaintiff's Writ abates. Hob. 245. Repugnancy fhall be abated in any Suit between Party and Par-
in the Plaintiff's fhewing and fetting forth of his ty, by the Death of the King: Nor fhall any Writ
Matter, may caufe an Abatement. 2 And. 96. If a for Suit abate, on the Preferment of the Plaintiff,
Plaintiff, after Appearance be nonfuit, difcontinue, pending the Suit; as by his being made a Peer,
c. the Writ fhall abate. 7 Rep. 27. And where the one of the Juftices, And Procefs or Suits be-
Plaintiff diſcharges Part of the Debt after the Writ fore Juftices of Affize, Gaol-Delivery, Juftices of
purchafed, on Thewing the Acquittance the Writ Peace, &c. fhall not abate by any new Commiffion
hall abate. Mifnomer in the Addition, Place, Trade, or Affociation. Stat. Ibid. Informations for the King
Dignity, c. of the Defendant, may abate the do not abate upon the Death of the King; but ſhall
Writ; as where one pleads there is no fuch Place, be continued by Refummons, &c. Moor 748. The
or that he is a Baronet and no Knight, &c. 1 Vent. Death of a Husband, where Husband and Wife are
154. If the Addition of the Defendant's Quality profecuted for Words fpoke by the Wife, &c. will
and Dwelling be omitted in any original Writ, in not abate the Writ or A&tion. Hardr. 15i
a perfonal Action, Appeal or Indictment, where the Words are by Husband and Wife, and the Huf
Exigent may be awarded, the Writ shall abate; but band die, the Writ fhall abate. Stile 135. Where
it fhall not abate for Surplufage in the Addition. two Jointenants are Defendants, the Death of one
1 H. 5. cap. 5.
Where one is mifnamed in a Bond, of them will not abate the Writ. 3 Mod. 249. And
the Writ must be brought against him by the fame no Plea in Abatement ſhall be receiv'd in any Suit
Name as in the Bond. Dyer 279. And where a De- for Partition; nor fhall the fame be abated by the
fendant comes in gratis, or pleads by the Name al- Death of any Tenants. Stat. 8 & 9 W. 3. cap. 31.
ledged by the Plaintiff, he is eftopped to alledge any In Trefpafs against two or three Defendants, if one
Thing against it. Stile 440. To the Plea of Mifno- of them die hanging the Writ, it fhall not abate:
mer, the Plaintiff may reply, the Defendant was But where one of the Defendants dieth after Judg-
known by the Name in the Writ. 1 Salk. 6. Where ment, and a Writ of Error is brought, it is other-
an Indictment for a capital Crime is abated for Mif wife. Yelu. 209. If a Writ of Trefpafs be brought
nomer of the Defendant, the Court will not diſmiſs againſt divers Perfons, and it abate against one, it
him, but caufe him to be indicted de novo by his true may abate against all. 8 Rep. Blackmore's Cafe. Er-
Name. 2 Hawk. 367. Pleas in Abatement found a-ror being brought in Action of the Cafe, before the
gainſt a Defendant in Capital Cafes, are not pe- Errors were argued, one of the Defendants who
remptory as they are in other Cafes; but he was Plaintiff in the Writ of Error died; and by
may afterwards plead over to the Felony. Ib. 191. this it was held, that the Writ of Error was aba-
And a Perſon cannot to an Action brought againſt ted. Yelv. 208. In a Writ of Covenant against three,
him, plead in Difability of himself, that he is at- one of them dies; the Writ abates against him only.
tainted of Treafon, &c. 1 Leon. cap. 466. Outlawry Style 421. In Affife against two, where one of them
may be pleaded in Abatement, or in Bar; but 'tis dieth, it fhall not abate the Writ, if there be a Dif
only a Difability till the Outlawry is reverfed. feifor and a Tenant remaining: So in Quare Impe-
1 Inft. 128. Excommunication, or any Plca in dit, or Replevin against two Perfons: And in fuch
Difability of the Plaintiff, may not be pleaded Cafe, the Court may proceed to a Venire fac. and
after a General Imparlance. 1 Lutw. 19. After Trial against the Survivor only. Fenk. Cent. 90.
Plea in Bar to annul the Action for ever, and 6 Rep. 9. Dyer 88. 9 H. 7. In Audita Querela by
after Imparlance, one cannot plead in Abatement of two Perfons, if one die, the Writ fhall not abate.
the Writ. An Alien born may be pleaded in Abate- Yelv. 208. The Death of a Plaintiff did in all Ca-
ment: But Fews may profecute Actions and reco- fes abate the Writ before Judgment, till the Statute
ver, a Plea in Abatement against them being but a 8 & 9 W. 3. c. 10. by which neither the Death of
Difability fo long as the King fhall prohibit them
to Trade. 1 Lill. 4. One may plead in Abatement of
a Declaration, where 'tis by Original; but if the
Action be by Bill, you muft plead in Abatement of
the Bill only. 5 Mod. 144. A little Variance be-
tween the Declaration and Bond pleaded, will not
make naught the Declaration: But Incertainty will
abate it. Plowd. 84. The Variance of the Declara-
tion from the Obligation, or other Deed on which
it is grounded, will fometimes abate the Action:
And if a Declaration affign Waste-in a Town, not
Plaintiff or Defendant fhall abate it, if the A&ion
might be originally profecuted by and against the
Executors or Adminiftrators of the Parties: And if
there are two or more Plaintiffs or Defendants,
and one or more dic, the Writ or A&tion fhall not
abate, if the Caufe of Action furvives to the fur-
viving Plaintiff againft the furviving Defendant, &c.
It is held the Court will not abate the
Stat. Ihid. It
Plaintiff's Writ or Bill, if not pray'd properly in
the Plea; tho' there needs no Pleading to abate a
Writ, that is of itſelf abateable. 1 Salk. 298.
bata-
J
R
2
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I
A B
AB
=
ST
言
​Abatamentum, Is a Word of Art, and fignifies an
Entry by Interpofition. Co. Litt. 277. Vide Plea,
Writs, &c.
were appointed to enter and feiſe the ſaid Lands,
&c.
Abbatis, An Avener or Steward of the Stables;
Abator, Is a Perfon that abateth or entreth into the Word was fometimes uſed for a common Holt-
a Houfe or Land, void by the Death of him that ler, pronounc'd fhort in the middle Syllable.
laft poffeffed the fame, before the Heir takes Pof-Abbatis ad coenam dat Equis Abbatis avenam. Spelm.
feffion, and by that Means keeps out the Heir. Old
Nat. Br. 115.
Abbrochment, (Abbrocamentum) The Buying up of
Wares before they are expofed to Sale in a Fair or
Abatude, Is any Thing diminiſhed. Moneta Market, and felling the fame by Retail; which is
abaruda, is Money clipp'd or diminish'd in Va-a Foreftalling of a Market or Fair. MS. de placit
lue: Si tempore folutionis kac Moneta fuerit abatuda coram Rege Ed. 3. penes J. Trevor Mil.
five deteriorata. Charta Simonis, Comitis Leiceftria,
Anno 1-209.
Abay, or Abey: Ye fhall fore Abey it; that is, you
hall fuffer great Pain, or pay dear for it: From
the Word Buy, the Letter A being added.
4
Abdicate, (Abdicare) To renounce or refuſe any
Thing. Terms de Ley 5.
bbuttals, (from the French Abutter, to limit
or bound) Are the Buttings and Boundings of
Lands, Eaft, Weft, North, or South, fhewing how
the fame lie with respect to others; as on what
Lands, Highways, or other Places, they are limited
Abbacy, (Abbatia) Is the fame as to the Govern- and bounded. Camden tells us, that Limits were
ment of a religious Honfe, and the Reyenues diftinguifh'd by Hillocks rais'd in the Lands call'd
thereof, fubject to an Abbot, as a Bishoprick is to Botentines; whence we have our Word Butting. The
a Bishop. This Word is ufed in fome of our an- Sides on the Breadth of Lands are properly Adja-
tient Grants, particularly Anno 34 35 Hen, S. in centes, lying or bordering; and the Ends in Length
a Grant to the Countess of Pembroke. Sciant Abuttantes, Abutting or Bounding. And in old Sur-
quod ego fabella Comitia Pembr. pro falute Anime veys, thefe laft are called Head-Lands, from Capitare,
mea, &c. Dedi Deo & Abbatiæ de Nutteleg totam to Head. The Boundaries and Buttals of Corpora-
Wickham juxta prædictam Abbatiam, &c.
tion and Church Lands, and of Parishes, are pre-
Abbat, or Abbot, (Abbas in Latin, in French Ab-ferved by an annual Proceffion. And Abuttals or
be, and in Saxon Abbud) Is a Spiritual Lord or Go-Boundaries are of feveral Sorts; fuch as Incloſures
vernor, having the Rule of a religious Houfe. The of Hedges, Ditches and Stones in common Fields;
Word is alfo by fome derived from the Syriac Abba Brooks, Rivers, and Highways, &c. of Manors and
Pater. Of thefe Abbots here in England, fome were Lordfhips.
clective, fome prefentative; and fome were mitred,
and fome were not; fuch as were mitred had Epifco-
pal Authority within their Limits, being exempted Abdication, (Abdicatio) In general, is where a
from the Jurifdiction of the Diocefan; but the o- Magiftrate, or Perfon in Office, renounces and
ther Sort of Abbots were fubje&t to the Diocefan in gives up the fame, before the Term of Service is
all Spiritual Government. The mitred Abbots were expired. And this Word is frequently confounded
Lords of Parliament, and called Abbots Sove- with Refignation, but differs from it, in that Abdi-
reign, and Abbots General, to diftinguifh them from cation is done purely and fimply; whereas Refigna-
the other Abbots. And as there were Abbots, fo tion is in Favour of fome third Perfon. Chamb. Did.
there were alfo Lords Priors, who had exempt Jurif 'Tis faid to be a Renunciation, Quitting and Re-
diction, and were likewife Lords of Parliament.linquishing, fo as to have nothing further to do
Some reckon twenty-fix of thefe Lords Abbots and
Priors that fat in Parliament. Sir Edw. Coke fays,
there were twenty-feven Parliamentary Abbots, and
two Priors, Co. Litt. 97. In the Parliament 20 R: 2.
there were but twenty-five: But Anno 4 Edw. 3. in
the Summons to the Parliament at Winton more are
named. And in Monafti: on Anglicanum there is alfo
Mention of more; the Names of which were as
follow: Abbots of St. Auftin's Canterbury, Ramfey,
Peterborough, Croyland, Evesham, St. Benet de Hulmo, Abditozium, An Abditory or Hiding-Place, to
Thornby, Colchester, Leicester, Winchcomb, Westminster, hide and preferve Goods, Plate, or Money: And
Cirencester, St. Alban's, St. Mary's York, Shrewsbury, is ufed for a Cheft in which Reliques are kept, as
Selby, St. Peter's Gloucefter, Malmsbury, Waltham,
Thorney, St. Edmond's, Beaulieu, Abingdon, Hide, Rea-
ding, Glaftonbury, and Ofney.And Priors of Spald-
ing, St. John's of Ferufalem, and Lewes.-To which
were afterwards added the Abbots of St. Auftin's bechco, From the French Abecher, to feed, is an
Bristol, and of Bardeny, and the Priory de Sempling-old Word, which fignifies to be fatisfied.
ham. Thefe Abbeys and Priories, were founded by
our ancient Kings, and great Men, from the Year
602 to 1133. An Abbot with the Monks of the
fame Houſe were called the Gonvent, and made a
Corporation; but the Abbot was not chargeable by
the A&t of his Predeceffor, unless it were under
the common Seal, or for fuch Things as came to
the Ufe of the Houfe or Convent. Terms de Ley 4.
By Stat. 27 Hen. S. cap. 28. all Abbeys, Monafterics,
Priories, c. not above the Value of 2001. per Ann.
were given to the King, who fold the Lands at low
Rates to the Gentry. Anno 29 H. 8. the Reft of the
Abbots, c. made voluntary Surrenders of their
Houſes, to obtain Favour of the King: And Anno
31 H. 8. a Bill was brought into the Houfe to con-
firm thofe Surrenders; which paffing, compleated
the Diffolution, except the Hofpitals and Colleges,
which were not diffolved, the first till the 33d, and
the last till the 37th of H. 8. when Commiffioners
with a Thing; or the Doing of fuch Actions as are
inconfiftent with the Holding of it. On King James's
leaving the Kingdom anddicating the Govern-
ment, the Lords would have had the Word Defertion
made ufe of; but the Commons thought it was not
comprehenfive enough, for that the King might
then have Liberty of Returning. Abdication Debates.
The Scots called it a Forfeiture of the Crown, from
the Verb Forisfacio.
mentioned in the Inventory of the Church of Tork,
Mox. Angl. pag. 173. Item unum Coffeur, & una
pixis de Ebore crnata cum argento deaurato, Item tria
Abditoria, &c.
beremurder, (Aberemurdrum) Plain or downright
Murder; as diftinguifhed from the lefs heinous
Crimes of Manflaughter and Chancemedly. It is
derived from the Saxon Ebere, apparent, notori-
ous, and Mord, Murder: And was declared a Ca-
pital Offence, without Fine or Commutation, by
the Laws of Canute, cap. 93. and of Hen. 1. cap. 13.
Spelm
beffed, (from the French Abbaiffer, to deprefs)
Hath the Signification of Humbled; and hence we
derive the Words Abafe and Rafe.
Wbet, (Abettare) From the Saxon A and Bedan or
Beteren, to ftir up or incite; or from the French
Bouter, Impellere or Excitare. In our Law it fignifies
as much as to encourage or fet on: The Subſtan-
tive Abetment, is ufed for an Encouraging or In-
ftigation. Staundf. Pl. Cr. 105. And Abettor (Abet-
tator) is an Inftigator or Setter on; one that pro-
motes or procures a Crime. Old Nat. Br. 21. Abet-
tors
ព
'
רן
A B
A B
or an Oath taken to forfake the Realm for ever.
Staundf. Pl. C. l. 2. cap. 40. It also hath now an
other Signification extending to the Perfon, as well
as Place; as to abjure the Pretender by Oath, where-
by a Man binds himſelf not to own any regal Au-
thority in the Perfon called the Pretender, nor ever
to pay him any Obedience, &c. Formerly in King
Edward the Confeffor's Time, and other Reigns down
to the 22 H. 8. (in Imitation of the Clemency of
the Roman Emperors towards fuch as fled to the
Church) if a Man had committed Felony here,
and he could fly to a Church or Church-yard before
his Apprehenfion, he might not be taken from
thence to be tried for his Crime; but on Confeffion
thereof before the Juftice, or before the Coroner,
he was admitted to his Oath to abjure or forfake the
Realm; which Privilege he was to have forty
tors of Murder, are fuch as command, procure, or
counſel others to perpetrate the Murder; and in
fome Cafes thefe Abettors fhall be taken as Princi-
pals, in others but as Acceffaries; their Preſence
or Abfence at the Time of committing the Fa&t,
making the Difference. Co. Litt. 475. Vide Acceffaries.
Abeyance, or Abbayance, (from the Fr. Bayer) To
expect: It is what is in Expe&tation, Kemem-
brance and Intendment of Law. By a Principle of
Law, in every Land there is a Fee-fimple in fome
Body, or it is in Abeyance; that is, tho' for the pre-
fent it be in no Man, yet it is in Expectancy belong-
ing to him that is next to enjoy the Land. Co. Litt.
342. Litt. c. Difcontin. If a Man be Patron of a
Church, and prefents one to the fame, now the Fee
of the Lands and Tenements pertaining to the
Rectory is in the Parfon: But if the Parfon dic,
and the Church become void, then is the Fee in A-Days, during which Time any Perfons might give
beyance, until there be a new Parfon prefented, ad- him Meat and Drink for his Suftenance, but not
mitted and inducted; for the Patron hath not the after, on Pain of being guilty of Felony: The Form
Fee, but only the Right to prefent, the Fee being of the Oath you may read in an ancient Tra&t de
in the Incumbent that is prefented. Terms de Ley 6. officio Coronatorum, and in Horn's Mirror of Fuftices,
The Frank-tenement of the Glebe of a Parfonage, lib. 1. But at last, this Puniſhment being but a per-
during the Time the Parfonage is void, is in no petual Confinement of the Offender to fome Sanc-
Man; but in Abeyance or Expe&tation, belonging to tuary, wherein (upon Abjuration of his Liberty and
him who is next to enjoy it. If a Man makes a free Habitation) he would chuſe to ſpend his Life,
Leaſe for Life, the Remainder to the Right Heirs as appears by the Statute Anno 22 H. 8. c. 14. it is
of 7. S. the Fee-fimple is in Abeyance until 7. S. enacted 21 Fac. 1. cap. 28. That thence-after no
dies. Co. Litt. 342. In this Cafe the Remainder paf- San&tuary or Privilege of Sanctuary fhould be al-
feth from the Grantor prefently; tho' ir vefts not lowed; whereupon this Abjuration ceafed. 2 Inft. 629.
preſently in the Grantee, but is faid to be in Abey-An Abjuration or Deportation for ever into a Fo-
ance until F. S. dies, after whofe Death the Heir reign Country, is a civil Death; and called (by the
has a good Remainder, and it ceafes to be in Abey-Lord Coke) a Divorce between Husband and Wife;
ance. Terms de Ley. If Lands be leafed to A. B. for
Life, the Remainder to another Perfon for Years,
the Remainder for Years is in Abeyance until the
Death of the Leffee, and then it ſhall vest in him
in Remainder as a Purchafer, and as a Chattel
fhall go to his Executors. 3 Leon. 23. Where Te-
nant for Term of another's Life dieth, the Free
hold of the Lands is in Abeyance till the Entry of
the Occupant. Fee-fimple in Abeyance cannot be
charged until it comes effe, fo as to be certainly
charged or aliened; tho By Poffibility it may fall
every Hour. Co. Litt. 378. The Word Abeyance hath
been compared to what the Civilians call Hæredita-
tem jacentem; for as the Civilians fay Lands and
Goods do jacere, fo the Common Lawyers fay, that
Things in like Eftate are in Abeyance, as the Logi-
cians term it in poffe, or in Underſtanding; and as
we fay in nubibus, that is in Confideration of Law.
See Plowd. Rep. Walfingham's Cafe.
Abgatoria, Abgetorium, The Alphabet A, B, C, &c.
This feems to be an Irish Word. Mat. Weftm. re-
ports of St. Patrick
Abgetoria quoque 345
eo amplius fcripfit, totidem Epifcopos ordinavit.
The Irish ftill call the Alphabet Abghittin.
Abigebus, For Abigens, fignifies a Thief who
hath ftolen many Cattle, viz. Si quis fuem furripuit
fur erit, & fi quis gregem Abigevus erit. Bract. I. 3.
and the Wife of fuch a Perfon may bring A&tions,
or be impleaded during the Natural Life of the
Husband, which fhe may not do in any other Cafe:
Alfo fhall have her Dower, or Jointure, &c. Co.
Litt. 133. This is where a Perfon fuffers Baniſhment
for any Crime. By Stat. 35 Eliz. Popish Recufants
not making the Submiffion of Conformity, &c. are
to abjure the Realm. And by 1 W. & M. 13 W. 3.
1 Geo. 1. &c. All Perfons are to abjure the pretend-
ed Prince of Wales; and refufing the Oath, are lia-
ble to divers Penalties and Forfeitures, &c. This
Abjuration Oath was invented for the Security of the
Crown, and the Proteftant Religion. See Oaths.
Abolition, A Deftroying or Effacing, or putting
out of Memory: And fignifies the Leave given by
the King, or Judges, to a Criminal Accufer to de-
fift from further Profecution. Stat. 25 H. 8. c. 21.
Abzídge, (Abbreviare) Is derived from the French
Word Abreger, to make ſhorter in Words fo as to
retain the Senfe and Subftance. And in the Com-
mon Law it fignifies particularly the making a De-
claration or Count fhorter, by fevering fome of the
Subſtance from it: A Man is faid to abridge his
Plaint in Affife; and a Woman her Demand in
Action of Dower, where any Land is put into the
Plaint or Demand which is not in the Tenure of
the Defendant; for if the Defendant pleads Non-
tenure, Joint-tenancy, &c. in Abatement of the
Abilit", The King's Iffue are of Ability to inhe-Writ, the Plaintiff may leave out thofe Lands, and
rit in England wherefoever born; and Children of
Subjects born beyond Sea, may inherit if their Birth
were within the Allegiance of the King. Stat. 25
Ed. 3. Vide Naturalization.
cap. 6.
Abichering, Is understood to be quit of Amerce-
ments. It originally fignified a Forfeiture or A-
mercement; and is more properly Mifhering or
Miskering, according to the learned Spelman. Since
it hath been termed a Liberty or Freedom, becaufe
where-ever this Word is ufed in a Grant or Char-
the Perſons to whom made have the Forfeitures
and Amercements of all others, and are them-
elves free from the Control of any within their
Fee. Raftal's Abr. Terms de Ley.
ier,
Abjuration, (Abjuratio) A Forfwearing or Re-
nouncing by Oath, fignifies a fworn Banifhment,
pray that the Tenant may answer to the Reft. The
Reafon of this Abridgment of the Plaint is, be-
caufe the Certainty is not fet down in fuch Writs,
but they run in general: And though the Deman-
dant hath abridg'd his Plaint in Part, yet the Writ
will be good for the Remainder. Brook, Tit. Abridg-
ment, Anno 21 H. 8. c. 3.
Abzídgment, (Abbreviamentum) A Treatiſe or Wri-
ting abridged and made fhorter.
Abrogate, (Abrogare) To difannul or take away
any Thing: As to abrogate a Law, is to lay afide
or repeal it. Stat. 5 & 6 Ed. 6. c. 3.
Abfentees, or Des Abſentees, Was a Parliament
fo called, held at Dublin 10 May 28 Hen. 8. And
mentioned in Letters Patent, Dat. 29 Hen. S. 4 Co
Inft. 354.
Abſolbe,
:
I
A C
A C
Abfolve, (Abfolvere) To abfolve one excommuni-
cated, or pardon, or fet free from Excommunica-
tion. Vide Affoile.
Ablolutions from Rome, High Treafon, &c. Stat.
23 Eliz. See Bull.
in Arrear is by Law prefumed to be fatisfied. Co.
Litt. 373. And if a Leffee for Term of 20 Years,
accepts of a Leafe of the fame Land for 10 Years,
by the Leffee's Acceptance of the new Leafe, the
Term of 20 Years is determined in Law. 2 Roll.
abloniare, Was a Word ufed by the English Sax- Abr. 469. A Leafe is made on Condition, that the
ons in the Oath of Fealty, and fignified to fhun orLeffee fhall do no Wate; if he commits Waſte, and
avoid-As in the Form of the Oath among the afterwards the Leffor accepts the Rent, he cannot
Saxons recorded by Mr. Somner: In illo Deo, pro quo enter. Godb. 47. And where a Leffor accepteth of a
fanctum hoc fanctificatum eft, volo effe nunc Domino meo Surrender from the Leffee, he will be concluded of
N. fidelis & credibilis, & amare quod amat, & abfo-his Action of Wafte, for Wafte before the Surren-
niare quod abfoniat, per Dei rectum, & feculi compe-
tentiam
Ablque hoc, Are Words of Exception made Ufe
of in a Traverſe; as the Defendant pleads that fuch
a Thing was done at B. &c. abfque hoc, that it was
done at, &c. Mod. Ca. 103.
མ
.
der. Acceptance of the next Rent due, at a Day af-
terwards, will bar one to enter for a Condition bro-
ken before by Reafon of Non-payment of the Rent;
because the Leffor thereby affirmeth the Leafe to
have Continuance. Co. Litt. 211. And taking a Di-
ftrefs, affirmeth the Continuance of the Rent: But
ccapitum, and Accapitare, The fame with Re-if Rent was due, at a Day before, and thereby the
lief due, to Lords of Manors.— Capitali Domino
accapitare, i. e. to pay a Relief to the Chief Lord.
Fleta 1. 2. c. 50.
Condition was broken, one may receive that Rent,
and yet re-enter: And if he accept of Part of the
Rent, he may enter for a Condition broken, and
retain the Lands until he has the whole Rent.
Rep. 64, 1 Inft. 203.
Rep. 64. 1 Inft. 203. On accepting of Rent after-
wards, the Leffor must have Notice of the Breach
of the Condition, to bar his Entry. 1 Leon. 626. If
a Leffor accepts of Rent from an Affignee, knowing
of the Affignment, it bars him from Action of Debt
against the Leffee; for the Privity of Contra&t is
extinguished: But after fuch Acceptance, the Leffor
or his Affigns, may maintain an Action againſt the
first Leffee upon his Covenant for Payment of the
Rent. I Saund. 241. 3 Rep. 24. Acceptance of Rent
from the Affignee has been adjudged a fufficient
Notice of the Affignment, fo that the Leffor could
not refort to the first Leffee. 2 Bulft. 151. Accept-
Accedas ad Micecomitem, Where a Sheriff hathance of a leffer Sum of Money, may be in Satis-
a Writ called Pone deliver'd to him, but fup-faction of a greater Sum, if it be before the Day
preffeth it; this Writ is directed to the Coroner,
commanding him to deliver a Writ to the Sheriff.
Reg. Orig. 83.
Accedas ad Curiam, Is a Writ that lies where a
Man hath received falle Judgment in a Hundred-3
Court, or Court Baron. It is directed to the She
riff; and iffued out of the Chancery, but return
able into B. R. or C. B. And is in the Nature of
the Writ de falfo judicio, which lies for him that
hath received falfe Judgment in the County-
Court. In the Regifter of Writs, it is faid to be
a Writ- that lies as well for Juftice delayed, as for
falle Judgment; and that it is a Species of the
Writ Recordare, the Sheriff being to make Record
of the Suit in the inferior Court, and certify it
into the Kings Court. Reg. Orig. 9, 56. F. N. B. 18.
Dyer 169.
+
When a Man is entitled to a Thing in grofs, he is
not bound to accept it by Parcels; and if a Leffor
diftrains for Rent, he is not obliged to accept Part
of it; nor in Action of Detinue, Part of the
Goods, &c. 3 Salk. 2.
on which the Money becomes due. 3 Bulft. 301. But
it will not be fo after the Money is due. Moor 671.
A Bill or Bond accepted may not be pleaded in Sa-
Acceptance, (Acceptatio) Is the Taking and Accept- tisfaction of a Bond; but 'tis faid a new Bond may,
ing of any Thing in good Part, and as it were a if it be not for Payment of Money on another
tacit Agreement to a preceding Act, which might Day. Hob. 68, 69. Where the Condition of a Bond
have been defeated and avoided, were it not for is to pay Money, Acceptance of another Thing is
fuch Acceptance had. For Example; If a Bifhop good: But if the Condition is not for Money, but
before the Statute 1 Eliz. leafed Part of his Bi-a collateral Thing, it is otherwiſe. Dyer 56. 9 Rep.
fhoprick for Term of Years, referving Rent, and 79. And the Acceptance of uncertain Things, as
then dies; and after another is made Biſhop, who Cuftoms, &c. made over, may not be pleaded in Sa-
accepts and receives the Rent when due, by this Actisfaction of a certain Sum due on Bond. Cro. Car. 192.
ceptance, the Leaſe is made good, which otherwife If a Woman hath Title to an Eftate of Inheritance,
the new Bishop might have avoided. It is the fame as Dower, c. fhe fhall not be barred by any col-
if Baron and Fenie feifed of Lands in Right of the lateral Satisfa&tion or Recompence: And no col-
Feme, join and make a Leafe or Feoffment, refer-lateral Acceptance can bar any Right of Inheritance
ving Rent; and the Baron dies, after whofe Death or Freehold, without fome Releafe, &c. 4 Rep. 1.
the Feme receives or accepts the Rent; by this the
Leafe or Feoffment is confirmed, and fhall bar her
from bringing a Cui in vita. Co. Litt. 211. But if a
Parfon, &c. make a Leafe for Years not warranted
by the Statute 32 Hen. 8. but is void by his Death; |
Acceptance of Rent by a new Parfon or Succeffor, Accellary, Accefforius vel Accefforium, (Particeps Cri-
will not make it good. 1 Saund. 241. And if a Te minis) Is where a Man is guilty of a felonious Of
nant for Life make a Leafe for Years, there no Ac-fence, not Principally, but by Participation, as by
ceptance will make the Leafe good, because the
Leafe is void by his Death. Dyer 46, 239. So if
Tenant in Dower, leafes for Years, and dies, and
the Heir accepts the Rent. Tenant in Tail makes a
Leafe for Years not warranted by the Statute, ren-
dring Rent, and dies; if the Iffue accepts the Rent,
it fhall bind him. 3 Leon. Cafe 36. And if an In-
fant accepts of Rent at his full Age, it makes the
Leafe good, and fhall bind him: But if Tenant in
Tail make a Leafe for Years, to commence after
his Death, rendring Rent, in fuch Cafe Acceptance
of Rent by the Iffue, will not make the Leafe good
to bar him, because the Leafe did not take Effect
in the Life of his Anceſtor. Plowd. 418. If a Lef-
for acepts from his Tenant, the laft Rent due to
him, and gives the Leffee a Relcafe for it, all Rent
Command, Advice, or Concealment, &c. And is
of two Sorts, viz. Before the Fact, and after it: An
Acceffary before the Fact, is he that Commands or
Procures another to commit Felony, and is not
himself prefent when it is done; for if he be pre-
fent, he is a Principal: And an Acceffary after the
Fa&t, is he that receives, affifts or comforts any
Man that hath committed Murder or Felony, which
hath come to his Knowledge: But this doth not
extend to a Woman, who receives or affifts her
Husband, tho' a Husband receiving his Wife, will
be Acceffary; and a Servant may be Acceffary in re-
lieving his Mafter, or affifting him in his Eſcape,
&c. Alfo furniſhing others with Weapons.; find-
ing a Felon a Horfe for his Journey, or relieving
him with Money, Vituals, &c. will make Perfons
C
Acceffary.
}
"
{
А С
A C
|cipals. Co. Litt. 71. Vide Murder, Principal, c.
ceola, An Husbandman who came from fome
other Parts or Country to till the Lands, eo quod
adveniens terram colat.And is thus diftinguiſh-
led from Incola, viz. Accola non propriam, propriam colit
Incola terram. Du Frefne.
Accolade, (from the French Accoller, collum am-
plecti) A Ceremony ufed in Knighthood by the
King's putting his Hand about the Knight's Neck.
Acceffary. H. P. G. 218. 3 Inft. 108. There is like-
wife an Acceſſary of an Acceffary; as he that receives
an Acceſſary to a Felony. Fitz. Coron. 197. And Ac
ceffaries in Petit Treafon, Murder, Robbery on the
Highway, in Dwelling houſes, &c. fhall not have
their Clergy. 4 & 5 P. & M. c 4. One that is pre-
fent and aiding the Stabbing of another, is not a
Principal, but Acceffary to the Stabbing, within the
A&t 1 Fac. 1. There cannot be an Acceffary before
the Fact in Manflaughter, becauſe it is committed Accompt, (Computus) Is a Writ or Action which
of a ſudden, and unpremeditated. H. P. C. He who lies againft a Bailiff or Receiver to a Lord or others,
counfels or commands any Evil, fhall be adjudged who by Reafon of their Offices and Buſineſſes are
Accesary to all that follows upon it; but not to any to render Accompts; but refufe to do it. F. N. B.
Thing elfe: If a Perfon commandeth another to 116.
116. If a Man makes one his Bailiff of a Manor,
beat fuch a Perfon, and he beats him fo that he. he fhall have a Writ of Accompt against him
dies of his Wounds, the Perfon commanding will as Bailiff: Where a Perfon makes one Receiver,
be Acceſſary to the Murder: But if the Command to receive his Rents or Debts, che fhall have
had been to beat another Perfon; or to burn fuch Accompt against him as Receiver; and if a Man
a Houſe, and he burns another; he that command-make one his Bailiff, and alfo his Receiver,
eth will not be Acceffary. 3 Inft. 51. If I command then he fhall have Accompt against him in both
a Perſon to do an unlawful Act, as to rob A. B. at Ways. Alfo a Perfon may have a Writ of Accompt
one Place, and he doth it at another; or to rob againſt a Man as Bailiff or Receiver, where he was
him on ſuch a Day, and he doth it not himſelf, not his Bailiff or Receiver; as if a Man receive
but procures another to do it; or to kill by Poi- Money for my Ufe, I fhall have an Accompt againſt
fon, and he doth it by Violence; in all theſe Cafes him as Receiver; or if a Perfon deliver Money
I fhall be Acceſſary: But where the Command is to unto another to deliver over unto me, I ſhall like-
kill 4., B. and he killeth A. D. this Difference in wife have Accompt againſt him as my Receiver: So
Subftance, will not make the Commander Acceſſary. if a Man enter into my Lands to my Ufe, and re-
Plowd. 475. If a Man counfels a Woman to mur-ceives the Profits thereof, I fhall have Accompt againſt
der the Child in her Womb, and the Woman mur-him as Bailiff. 9 H. 6. 36 H. 6. 10 R. 2. Fitz. Ac-
der her Child after it is born, he is Acceffary to the compt, 6. A Judgment in Accompt as Receiver, is no
Murder. Dyer 185. If the Owner of ftolen Goods, Bar to Action of Accompt as Bailiff: But 'tis faid a
after Complaint made to a Juftice of Peace, take Bailiff cannot be charged as Receiver, nor a Re-
his Goods, and confent to the Efcape of the Felon, ceiver as Bailiff; becauſe then he might be twice
or compound the Offence; this it is faid will make charged. 2 Lev. 127. I Danv. Abr. 220, 221. The
him Acceffary after the Fa&t. Lamb. 285. But 'tis Heir may have Writ of Accompt before or after
otherwife if before Complaint to the Juftice, the his full Age, against a Guardian in Socage: And if
Owner retaketh his Goods, and fuffereth the Felon he fue the Guardian for Profits of his Lands taken
to eſcape, &c. Lamb. 285. Dalt. 400. Perfons buy-before he is fourteen Years old, he muft charge
ing or receiving ſtolen Goods, knowing the fame to him as Guardian; but if it be for taking the Pro-
be ftolen, are acceffaries to the Felony. Stat. 3 & 4 fits after that Age, there he muft fue him as Bai-
W. & M. If a Felon come to the Houfe of ano-liff. Litt. 124. F. N. B. 118. Where an Heir ſues a
ther, and he permits him to eſcape without Arreft, Stranger that doth intermeddle with his Land, he
knowing him to have committed Felony, this doth fhall charge him in Accompt as Guardian. F. N. É, 18.
not make a Man Acceffary; but if he take Money A Man devifes Land to be fold by his Executors,
of the Felon to fuffer fuch Eſcape, it makes him and the Money thence arifing to be diftributed a-
an Acceffary: And fo it is if he fhut, the fore Door mong his Daughters; Action of Accompt lies in this
of his Houſe, whereby the Purfuers are deceived, Cafe, for the Daughters againft the Executors. Jenk.
for here is not a bare Omiffion, but an A&t done. Cent. 215. 2 Roll. Abr. 285.
Cent. 215. 2 Roll. Abr. 285. An Action of Accompt
1 Hale's Hift. P. C. 619. If a Principal be not at lies against a Bailiff, not only for what Profits he
tainted, convict, or outlawed thereupon, the Accef- hath made and raifed, but alfo for what he might
fary may not be arraigned; there being a Law Max- have made and raiſed by his Care and Induſtry, his
im, Ubi non eft principalis non poteft effe accefforius. If reafonable Charges. and Expences deducted. Co.
the Principal is pardoned, or hath his Clergy, the Litt. 172. One Merchant may have Accompt againſt
Acceffary cannot be arraigned; for the Principal muft another, where they occupy their Trade together:
be adjudged fo by Law: But if the Principal is par- And if one charges me as Bailiff of his Goods ad
doned after Attainder, in fuch Cafe the Accessary mercandizadum, I fhall anfwer for the Increaſe,
may be arraigned, becauſe it appears judicially that and be punish'd for my Negligence; but if he
there was a Principal. 4 Rep. 43. Where there are charges me as Receiver ad conputandum, I must
two Principals, the Attainder of one of them gives be anfwerable only for the bare Money or Thing
fufficient Foundation to arraign the Acceffary: And delivered. F. N. B. 117. Co. Litt. 272. 2 Leon. Ca.
Error in Attainder of the Principal will not avail 245. A Man having received of another 1001.
an Acceffary, for he is no Party to the Record. Jenk. to be employed in Merchandize abroad, covenants
Cent. 76. If the Principal be erroncoufly attainted, at his Return to accompt to him; this doth not alter
it muſt ſtand good till 'tis reverfed. 9 Rep. By Stat. the Cafe, but notwithſtanding the Covenant, Action,
1 Ann. c. 9. It is enacted, that where the Principal of Accompt may be brought. 2 Bulft. 256. And if I
is convicted of Felony, or ftands mute, or chal-deliver to another Perfon Goods or Money beyond
lenges above twenty of the Jury, it fhall be lawful Sea, to be delivered to me again in England at a
to proceed against the Acceffary in the fame Manner certain Place, and he delivers it not, I may be re-
as if the Principal had been attainted; and not-lieved by this Action. F. N. B. 18. Where two
withstanding fuch Principal fhall be admitted to his Perfons are adjudged jointly to accompt, if one dif
Clergy, pardoned, or delivered before Attainder. charges himſelf upon the Accompt, it will be a Dif
And if the Principal cannot be taken, then the Ac-charge to the other; and if he be charged by the
ceſſary may be profecuted for a Mifdemeanor, and Accompt, it fhall be a Charge upon the other.
punished by Fine, Imprifonment, &c. Stat. Ibid. Dany 230. None fhall be generally charged in
See Stat. 5 Ann. c. 31. Acceffaries are by Common Ac.ompt but as Bailiff or Receiver, or Guardian in
Law, and by Statute; But in the higheſt and lowest Socage. I Daru. 220. By the Stat. Wefm. 2.
Offences, there are no Acceſſaries; but all are Prin-13 Edw. 1. 6. II.
c. Mafters may affign Auditors to
4.
take
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1
1
A C
A C
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​The
take the Accounts of Servants, &c. (this extends not but of the Profits, which are uncertain: And this
to Guardians in Socage.) And if the Accomptant be is one Reafon why this Action fhall not lie for the
found in arrear, the Auditors affigned have Power Arrears of Rent. I Danv. Abr. 215. Action of
to commit him to Prifon, there to remain till he Account may be brought against a Factor that fells
makes Agreement with the Party: But if the Ac- Goods and Merchandizes upon Credit, without a
comptant be not allowed his reaſonable Expences and particular Commiffion fo to do, tho' the Goods are
Cofts, or if he be charged with more Receipts than bona peritura. 2 Mod. 100. If there are two De-
he ought, he may fue out of the Chancery a Writ mands in a Declaration, to which the Defendant
ex parte talis, directed to the Sheriff to take four pleads an Accompt ftated, the Plaintiff can never
Mainpernors for bringing his Body before the Ba- after refort to the Original Contract, which is
rons of the Exchequer at a certain Day, and to thereby merged and difcharged in the Accompt: If
warn the Lord or Mafter to appear at the fame A. fells his Horfe to B. for 10 l. and there being
Time. Where a Man is adjudged to accompt, the divers other Dealings between them, they come to
Court fhall affign him Auditors; and before the an Accompt upon the Whole, and B. is found in
Auditors, the Plaintiff or Defendant may join Iffue, Arrear 51. A. muft bring his Infimul computaffet for
or demur upon the Pleadings before them; which it, and not an Indebitatus affumpfit: But if there be
ſhall be certified to the Court, and there tried or only one Debt, betwixt the Parties, Entering into
argued: If Auditors are affigned, and a Day given an Accompt for that would not determine the firſt
the Defendant to accompt before them, if the Defen- Contra&t. 1 Mod. Rep. 206. 2 Mod. 44. It has been
dant would pray a further Day to give in his Ac- held, that mutual Demands on an Accompt are not
compt, the Auditors muft grant it, and not the Court: extinguished by fettling it, and promife to pay the
But if the Defendant is remifs and negligent, they Ballance; wherefore Affumpfit was brought for the
muft certify to the Court that he will not accompt. original Debt. Fitzgib. 44. Hill. 2 Geo. 2.
I Danu. Abr. 231. 1 Mod. 42. By 4 5 Ann. Pleas in this Action, are Quod nunquam fuit Receptor,
Actions of Accompt may be brought against the Exe- Quod plene computavit, &c. It is no Plea in an˚Ac-
cutors and Adminiftrators of Guardians, Bailiffs, comptant that he was robbed; but alledging it was
Receivers, &c. And by one Jointenant, &c. againſt without his Default and Negligence, will be a good
the other, his Executors and Adminiftrators, as Plea. Co. Lit. 89. That the Defendant never was
Bailiff for receiving more than his Share; and the Bailiff, is the general Bar; and it is a good Plea in
Auditors appointed by the Court, where the A&tion Bar, by claiming a Property in the Things to be
fhall be depending, are authorized to adminifter an accounted for. 21 Ed. 3. 29 E. 3. 47. A Defendant
Oath, and examine the Parties, &c. The Auditors as Receiver, cannot wage his Law, where he re-
are Judges of Record. 2 Inft. 380. But what may ceives the Money by another's Hands; 'tis other-
be pleaded in Bar to the Action, fhall not be al wife where he received it of the Plaintiff himſelf.
lowed to be pleaded before the Auditors. Cro. Car. 1 Cro. 919.
Cro. Car. 1 Cro. 919. And the Subftance of the Action of
82, 161. Some Pleas are in Bar of the Accompt, Account against a Receiver is, that the Defendant
and others in Diſcharge before Auditors; and fome be properly charged; as to the Time, 'tis not ne-
Pleas will be allowed before Auditors, that will ceffary to be particular therein, nor as to the
not be in Bar to the Accompt. Dyer 21. 11 Rep. S. Quantum of the Money; but the Plaintiff muft
In Accompt the Plaintiff declared of the Receipt of fhew by whofe Hands the Defendant received it.
Money by the Hands of a Stranger; the Defendant 13 Keb. 425. This A&tion is now feldom uſed: Da-
pleaded a Gift of the Money afterwards by the mages are not given by it, for the Judgment is only
Plaintiff; this was a good Plea as well in Bar of to Accompt. 1 Leon. 302. The ufual Judgment is
the Action, as before Auditors. Winch 9. If A&tion
of Accompt be brought againft one as Bailiff, he
ſhall be allowed his Cofts and Expences; but 'tis
otherwife if fuch Action be brought against him as
Receiver. Co. Lit. 172. If a Bailiff or Receiver
make a Deputy, A&tion of Actompt will, not lie
against the Deputy, but against them. 1 Leon. 32.
A Perfon receives Money due to me upon an Obli-is
gation, c. I may either have an A&tion of Accompt
against him as my Receiver; or Action of Debt, or
on the Cafe, as owing me fo much Money as he hath
received. 1 Lill. 33. If I pay Money to another,
I may bring an Adlion against him for fo much
Money received to my Ufe: But then he may dif
charge himſelf by alledging it was for fome Debt,
or to be paid over by my Order to fome other Per-ment. Ibid.
fon, which he hath done, &c. 1 Lill. 30. An Ap-cord in this A&tion ad Computandum, for the Plaintiff
prentice fhall not be charged with A&tion of Ac- to proceed, &c. Sec 1 Cro. 19. The Procefs in Ac-
compt: But if a Man have a Servant, whom he or- compt, is Summons, Pone and Diftrefs, and upon a
ders to receive Money, the Mafter fhall have Ac- Nihil returned, the Plaintiff may proceed to Out-
compt against him, if he were his Receiver. 1 Inft. lawry. The Statute of Limitations, 21 Fac. 1.
172. If Money be received by a Man's Wife to his doth not bar a Man who is a Merchant from bring-
Ufe, Action of Account lies against the Husband,ing Action of Accompt for Merchandize at any Time:
and he may be charged in the Declaration as his
own Receipt. Co. Lit. 295. Account does not lie
against an Infant; but it lies against a Man or
Woman, that is Guardian, Bailiff or Receiver,
being of Age and difcovert: And tho' an Appren-
rice is not chargeable by this Action, for what he
ufually receives in his after's Trade; yet upon
collateral Receipts, he fhall be charged as well as
another. Inft. 172. Roll. Abr. 117. 3 Leon. 92.
As to other Actions of Accompt, they will not lie of
a Thing certain; if a Man delivers 10. to mer-
chandize with, he fhall not have Account of the 101.
quod computet, on which the Defendant is taken by
Capias ad computandum: But there are two Judgments
in this Writ, for if the Defendant cannot avoid
the Suit by Plea, Judgment is firft given, That he
do Accompt; and having done this before the Audi-
tors, there is another Judgment entered, that the
Plaintiff fhall recover of the Defendant ſo much as
found in Arrears. 11 Rep. 40. The first Judg-
ment is but an Award of the Court, like to a Writ
to enquire of Damages; and thefe two Judgments
depend one upon another: For if Judgment be to
Accompt, and the Party die before he hath ac-
counted, the Executor cannot proceed in the A&tion,
but it must be begun again; and no Writ of Error
will lie upon the firft till after the fecond Judg
Where a Scire Facias lies upon the Re-
But all other A&ions of Accompt are within the
Statute. In Chancery an Accompt fifteen or twenty
Years ftanding, the Defendant may be allowed to
prove on his own Oath, what he can't otherwife
make Proof of; but here the Particulars muſt
to whom the Money was paid,
be named, as
And a
for what, and when, &c. 1 Chan. Rep. 146
Defendant fhall be diſcharged upon his Oath of
Sums under 40 s. tho' it is held a Plaintiff ſhall not
fo charge another, or be allowed any Thing in
1 Vern. 283.
Equity on his Oath. 2 Chan. Caf. 249.
See Outh.
A Writ
A C
A C
ตก
。
G
W
A Writ of Accompt to the Sheriff of the County.
EORGE the Second, &c. To the Sheriff of
W. Greeting: We command you that, &c. A. B.
that he justly and without Delay render to C. D. his rea-
fonable Accompt, for the Time he was Bailiff of the faid
C. in, &c. And Re.eiver of the Monies of him G. as
may be reaſonably fhewn, which to render him he ought,
that no more Clamour thereof we may bear for Default of
Justice, Witnefs, &c.
ì Inft. 212. Where Damages are uncertain, a lef
fer Thing may be done in Satisfaction, and in fuch
Cafe an Accord and Satisfaction is a good Plea; but
in Action of Debt on a Bond, there a leffer Sum
cannot be paid in Satisfaction of a greater. 4 Mod.
88. Accord with Satisfaction is a good Plca in per-
fonal Actions, where Damages only are to be reco-
vered; and in all Actions which fuppofe a Wrong,
Vi & Armis, where a Capias and Exigent lay at the
Common Law, in Trefpafs and Ejectment, Detinue,
&c. Accord is a good Plea: So in an Appeal of Mai-
hem. But in real Actions it is not a good Plea.
4 Rep. 1, 9, 70. 9 Rep. 77. Of late it hath been
held, that upon mutual Promifes an Action lies,
and confequently there being equal Remedy on
both Sides, an Accord may be pleaded without Exe-
cution, as well as an Arbitrament. Raym, 450.
2 Jones 158. Acceptance of the Thing agreed on
in thefe Accords is the only material Thing to make
them binding. Hob. 178.
Accomptant General, A new Officer in the Court
of Chancery, appointed by Act of Parliament, to re-
ceive all Money lodged in Court, in the Place of
the Mafters, &c. He is to convey the Money to
the Bank, and take the fame out by Order; and
fhall only keep the Account with the Bank, for the
Bank is to be answerable for all Money received by
them, and not the Accomptant General, &c. Stat. 12
Geo. I. c. 32. No Fees fhall be taken by this Officer Wccroche, (from the French Accrocher) To hook or
or his Clerks, on Pain of being punished for Ex-grapple unto: It fignifies as much as to encroach,
tortion; but they are to be paid Salaries, the Ac- and is mentioned in the Statute 25 Ed. 3. c. 8. to
comptant General 6501. per Annum, out of Intereft that Purpofe. The French ufe it for Delay, as Ac-
made of Part of the Suitor's Money. 12 Geo. 2. crocher un Procef, to ftay the Proceedings in a Suit.
cap. 24.
14.
}
to find Surety to purfue them, and not making them
good, fhall fatisfy Damages to the Party accuſed, and
pay a Fine to the King, 38 Ed. 3 c. 9. In Trea-
fon there must be two lawful Accufers. Stat. 5 & 6
Ed. 6 A Perfon is not obliged to anſwer on Oath
to a Matter by which he may accuse himſelf of any
Crime, &c. 2 Mod. Rep. 278.
Acephali, The Levellers in the Reign of King
Hen. 1. who acknowledged no Head or Superior.
Leges H. 1. They were reckoned fo poor that they
had not a Tenement by which they might acknow-
ledge a fuperior Lord. Du Cange.
Acculation, (Accufatio) To charge any Perfon with
Accord, (French) Is an Agreement or Concord- a Crime. By Magna Charta, no Man fhall be im-
ance between two or more Perfons, where any one prifoned or condemned on any Accufation, without
is injured by a Trefpafs, or Offence done, or on a Trial by his Peers, or the Law. 9 H. 3. None fhall
Contract, to fatisfy him with fome Recompence; be vexed upon any Accufation, but according to the
which if executed and performed, fhall be a good Law of the Land: And no Man may be moleſted
Bar in Law, if the other Party after the Accord per by Petition to the King, &c. unlefs it be by Indict-
formed bring any Action for the fame. Terms de ley ment, or Prefentment of lawful Men, or by Process
And it is to be obferved that Accord executed at Common Law. 25 Ed. 3. 28 E. 3. c. 3. None
only is pleadable in Bar, and Executory not. 1 Mod fhall be compelled to anfwer an Accufation to the
69. Alfo in Pleading it, 'tis the fafeft Way of Sa- King, without Prefentment, or fome Matter of Re-
tisfaction, and not of Accord alone. For if it becord. Stat. 42 Ed. 3. Promoters of Suggeſtions are
pleaded by Way of Accord, a precife Execution
thereof in every Part must be pleaded: But by Way
of Satisfaction, the Defendant need only alledge, that
he paid the Plaintiff fuch a Sum, &c. in full Satif
faction of the Acord, which the Plaintiff received.
9. Rep. 80. The Defendant muft plead that the Plain-
tiff accepted the Thing agreed upon in full Satif
faction, &c. And if it be on a Bond, it must be in
Satisfaction of the Money mentioned in the Condi-
tion, and not of the Bond; which can't be dif-
charged but by Writing under Hand and Seal. Cro.
Fac. 254, 650. When a Duty is created by Deed
in Certainty, as by Bill, Bond, or Covenant to pay Wc etiam Bille, Words or a Claufe of a Writ,
a Sum of Money, this Duty accruing by Writing, where the Action requires good Bail. The Stat.
ought to be diſcharged by Matter of as high a Na-13 Car. 2. c. 2. which injoins the Caufe of Action
ture; but when no certain Duty arifes by Deed, but to be particularly expreffed in the Writ or Process
the A&tion is for a Tort or Default, &c. for which which holds a Perfon to Bail, hath ordained the In-
Damages are to be recovered, there an Accord with ferting of this Claufe in Writs; but it ought not to
Satisfaction is a good Plea. 6 Rep. 43. As a Contract be made out against a Peer of the Realm, or upon
upon Confideration may commence by Words; fo a penal Statute, or against an Executor or Admi-
by an Agreement by Words for any valuable Con-niftrator, or for any Debt under 107. Nor in any
fideration, the Agreement may be diffolved. In
Accord, one Promife may be pleaded in Diſcharge
of another, before Breach; but after Breach, it
cannot be difcharged witout a Relcafe in Writing.
2 Mod. 44. Accord with Satisfaction, is no Plea to
a Covenant not broken; for the Covenant being
created by Deed, by Deed must be difcharged: But
upon a Covenant broken, it is a good Plea in Sa- Achat, (Fr. Achet) Signifies a Contract or Bar-
tisfaction and Difcharge of the Damages. Lutw.gain. Purveyors by Statute 36 Ed. 3. were called
359. And Accord made before the Covenant broke, Achators, from their frequent making of Bargains.
hath been adjudged a good Bar of Action of Cove
nant, as it may be in Satisfaction of Damage to
come. 1 Dany. Abr. 546. If a Contract without
Deed is to deliver Goods, &c. there Money may be
paid by Accord in Satisfaction: But if one is bound
in an Obligation to deliver Goods, or to do any col-
lateral Thing, the Obligee can't by Acord give Mo-
ney in Satisfaction thereof: Though when one is
bound to pay-Money, he may give Goods or any
other valuable Thing in Satisfaction. 9 Rep. 78.
4
Action of Account render, Action of Covenant, &c.
unless the Damages are 107. or more: Nor in Ac-
tion of Trefpafs, or for Battery, Wounding or Im-
prifonment; except there be an Order of Court for
it, or a Warrant under the Hand of one of the
Judges of the Court out of which the Writ Iffues.
Lill. Abr. 13.
I
Acherlet, A Meafure of Corn, conje&tured to be
the fame with our Quarter or eight Bufhels. The
Monks of Peterborough had an Allowance weekly of
twelve Acherfetes de frumento, and eight Acherfetos de
Brafio, and Six de Grad, and eleven Acherſetos de fa-
bis, &c.
cholite, (Abolitus) An inferior Church Servant,
who, next under the Subdeacon, followed or waited
on the Priefts and Deacons, and performed the
meaner Offices of lighting the Candles, carrying
the
to
A C
A C
the Bread and Wine, and paying other fervile At-
tendance.
Vequietare, Is a Law-Word, fignifying quietum
reddere. Dr. Wilk. Gloff. And it allo fometimes
nifieth to pay. Mon. Angl. Tom. 1. fol. 199,
A
Acquittance, (Acquietantia) fignifieth a Difcharge
in Writing, of a Sum of Money, or Debt due; as
Acknowledgment Money, Is a Sum paid in fome, where a Man is bound to pay Rent referved upon
Parts of England by Tenants on the Death of their a Leafe, &c. And the Party to whom due, on
Landlords, as an Acknowledgment of their new Receipt thereof gives a Writing under his Hand
Lords; in like Manner as Moncy is ufually paid on witneffing that he is paid: This will be fuch a Dif
the Attornment of Tenants. Solvet XIId. ad Re-charge in Law, that he cannot demand and recover
cognitionem cujuslibet novi Domini de Hope, &c. Ex the Sum or Duty again, if the Acquittance be pros
libro Cart. Prior. Leomiuftriæ.. -It is in Latin called, duced. Terms de Ley 15. Byer 6 25, 51. An Ac
Laudativum vel Laudemium, ‘a laudando Domino. quittance is a Diſcharge and Bar in the Law, to Aè̟-
Acquietantia de Shiris & Hundzedís, To be free tions, &c. And if one acknowledges himself to be
from Suits and Services in Shires and Hundreds. fatisfied by Deed, it may be a good Plea in Bar,
Bcquietandis Plegiis, A Writ of Fufticies lying without any Thing received: But an Acquittance,
for the Surety against a Creditor, who refufes to ac- without Seal, is only Evidence of Satisfaction, and
quit him after the Debt is ſatisfied. Reg. of Writs not pleadable; for no Deed fignifics a Deed of Ac-
158.
quittance. 1 Inft. 52. The Obligor is not bound to
pay Money upon a fingle Bond, except an Acquit-
fig-tance be given him by the Obligee: Nor is he
obliged to pay the Money before he hath the Ac-
Acquittal, (from the French Word Acquitter, and quittance. But in Cafe of an Obligation with a Con
the Latin Compound Acquietare) To free or difdition, it is otherwife; for there one may aver
charge: It fignifies in one Senfe to be free from En- Payment. And by 3 & 4 Ann. c. 16. If an A&tion
tries and Molestations of a ſuperior Lord for Ser-of Debt is brought upon a fingle Bill, and the De-
vices iffuing out of Lands; and in another Signifi- fendant hath paid the Money, fuch Payment may
cation (the moft General) it is taken for a Delive- be pleaded in Bar of the Action. "Tis obferved,
rance and Setting free of a Perfon from the Sufpi- that a general Receipt or Acquittance in full of all.
cion of Guilt; as he that on Trial is difcharged of Demands, will difcharge, all Debts, except fuch as
a Felony, is faid to be Acquietatus de Felonia; and if are on Specialty, viz. Bonds, Bills and other Inftru-
he be drawn in Queſtion again for the fame Crime,ments fealed and delivered; on which Account thoſe
he may plead auter foits acquit; as his Life fhall not can only be deftroyed by fome other Specialty of
be twice put in Danger for the fame Offence. 2 Inft. equal Force, fuch as a General Releafe, r. There
385. When two are indicted, the one as Principal, being this Difference between that and the general
and the other as Acceffary, the Principal being dif- Acquittance. See 2 Cro. 650. A Servant may give an
charged, the Acceffary of Confequence will be Acquittance for the Ufe of his Mafter, where fuch
acquitted by Law: Acquittal in Fact, is when a, Per- Servant ufually receives his Mafter's Rents, &c.
fon is found Not guilty of the Offence by a Jury, and the Mafter fhall be bound by it. 1 Inft. 112.
on Verdia, c. But in Murder, if a Man is ac-The Manner of Tender and Payment of Money
quitted, Appcal may be brought against him. 3 Inft. fhall be generally directed by him who pays it, and
273. If one be acquitted on an Indictment of Mur- not by him who receives it; and the Acquittance
der, fuppofed to be done at fuch a Time; and after ought to be given accordingly.
indicted again in the fame County, for the Murder Were, (from the German Word Acker, i. e. Ager)
committed at another Time; here notwithstanding A Quantity of Land, containing in Length 40
that Variance, the Party may plead auter foits Ac- Perches, and in Breadth four Perches: Or in Pro-
quit, by averring it to be the fame Felony: So portion to it, be the Length or Breadth more or
where a Perfon is indi&ted a fecond Time, for Rob- lefs. By the Cuſtoms of Countries, the Perch dif
bery upon the fame Perfon, but at another Vill, fers in Quantity, and confequently the Ares of
c. But if there be an Indi&tment against him in Land: It is commonly but 16 Feet and a Half;
another County, for a Felony there done 'tis faid but in Staffordshire it is 24 Fect. According to the
he fhall not plead Acquittal of the fame Felony in Statute 34 Hen. S. concerning the Sowing of Flax, it
the County where firft indi&ted; tho' it has been is declared that 160 Perches make an Are, which
held to be otherwife on an Appeal. 2 Hale's Hift. P. is 40 multiplied by Four: And the Ordinance of
C. 244, 245. And under Larceny the contrary is in meafuring Land, 35 Ed. 1. agrees with this Account.
2 Hawk. 370.
Where a Man is diſcharged on fpe- The Word Acre formerly meant any open Ground
cial Matter found by the Grand Jury, yet he may or Field; as Caftle-Acre, Weft-Acre, &c. and not a
be indicted de novo ſeven Years afterwards, and can- determined Quantity of Land. Alfo Acre, or Acres
not plead this Acquittal; as he may upon the fpecial fight, is an old Sort of Duel fought by fingle Com-
Matter found by the Petit Jury, and Judgment gi-batants, English and Scotch, between the Frontiers of
ven thereon. Ibid. 246. If a Perfon is lawfully ac-
quitted on a malicious Profecution, he may bring
his A&tion, &c. for Damages, after he hath obtained
a Copy of the Indi&tment and the Judge's Certificate:
But it is ufual for the Judges of Gaol-Delivery
to deny a Copy of an Aquittal to him who intends
to bring an Action thereon, when there was proba
ble Caufe for a Criminal Profecution. Carthew's
Rep. 421. A Son in Law indicted his Mother for
poiſoning her Husband his Father, and ſhe being
acquitted, brought an Action for a malicious Pro-
fecution against him, and recovered Damages; and
he, to requite her Kindness, brought an Appeal of
Murder, on which fhe was tried, convicted and exe-
cuted. Cro. Car. 383. Alfo a Fellow having brought
an Action for faying of him he was a Highway-man;
and it appearing upon Evidence he was fo, he was
taken in Court, committed to Newgate, and con-
vided and hanged the, next Seffion's. Mod. Caf. 217.
An Offender may be acquitted by the King's Pardon,
or Proclamation. Staundf. 168.
|
their Kingdoms, with Sword and Lance; and this
Duclling was called Camp-fight, and the Comba-
tants Champions, from the open Field that was the
Stage of Trial.
ailia, Military Utenfils. Quil.bet paratus
fit cum Actiliis & Harnefiis, &c. & quicunq; habet
decem Libras in bonis, & non habuerit omnia cremorum
A&tilia, perdat omnia bona. Du Cange.
Яion, (Allio) Is the Form of a Suit given by
Law for Recovery of that which is one's Due: Or
it is a legal Demand of a Man's Right. 1 Inft. 285.
The learned Bracton thus defines it, Actio nihil aliud
eft quam jus profequendi in Fudicio quod alicui debetur.
And Actions are either Criminal or Civil; Criminal,
to have Judgment of Death, as Appeals of Death,
Robbery, &c. or only to have Judgment for Da-
mage to the Party, Fine to the King and Imprifon-
ment, as Appeals of Maihem, &c. 1 Inft. 284. 2 Inft.
40. Civil Actions are fuch which tend only to the
Recovery of that which by Reafon of any Contra&,
c. is due to us; as Action of Debt, upon the Cafe,
D
Exc.
*
A C
A C
:
o
C.
·
the Affife muſt be brought in Confinio Comitatuum.
Mich. 8 Ann. B. R. Actions are laid to be perpe-
tual and temporal; perpetual, thofe which cannot
be determined by Time, and all Actions may be
called perpetual that are not limited to Time
•
?
1
&c. 2. Inft. 61. There are alſo Actions Penal; which
lie for fome Penalty or Punishment in the Party
fued, be it corpóral or pecuniary. Bratt. Actions
upon the Statute, brought upon the Breach of any
Statute, whereby an Action is given that lay not be
fore: As where one commits Perjury to the Preju-for their Profecution: Temporary Actions are thofe
dice of another, the Party that is injured fhall have which are exprefly limited: As for Example; the
a Writ upon the Statute. Actions Popular, given on Statute 7 H. 8. c. 3. gives Action within four Years
the Breach of fome penal Statute, which every Man after the Offence committed: The Ed. 6 c. I.
hath a Right to fue for himſelf and the King, by within three Years: The 31 Eliz. c. 5. within one
Information, &c. And becauſe this Action is not Year, &c. Since the Statute of Limitations, all
given to one efpecially, but generally to any that Actions feem to be temporary or not fo perpetual,
will profecute, it is called Action Popular. Thefe but they may in Time be preſcribed againft: A Real
laft Actions may be rank'd under Criminal Actions: Action may be preferibed against within five Years,
And Aftions Cisil are divided into Real, Perfonal and on a Fine levied, or Recovery fuffered. By Stat.
Mix'd Action Real is that Action whereby a Man Hen. S. A Writ of Right for Recovery of Lands is
claims Title to Lands, Tenements or Hereditaments, to be brought within fixty Years: By 21 Fac. 1.
in Fee, or for Life: And thefe Actions are Poffeffory, Writs of Formedon for any Title to Lands in Effe,
or Aunceftrel; Poffeffory, of a Man's own Pof are to be fued within twenty Years: Actions of Debt,
feffion and Seifin; or Auncetrel of the Poffeffion on the Cafe, of Account, Detinue, Trover and
or Seifin of his Ancestor. Action Perfonal is fuch as Trefpafs, are to be brought within fix Years; of Af
one Man brings against another, on any Contract fault and Battery within four Years; and Slander
for Money or Goods, or on Account of any Offence within two Years: But the Right of Action in theſe
or Trefpafs; and it claims a Debt, Goods, Chattels, Cafes is faved to Infants, Feme Coverts, Perfonst
&c. or Damages for the fame. Action Mix'd is an beyond Sea, &c. And on a freſh Promiſe the Time
Action that lieth as well for the Thing demanded, as limited may be enlarged; alfo the Taking out and
against the Perfon that hath it; on which the Thing Filing of a Writ, is a good bringing of an Action to
is recovered, and likewife Damages for the Wrong avoid the Statute of Limitations. 1 Lill. 19. Actions
fuftained: It feeks both the Thing whereof a Man are joint or feveral; joint, where feveral Perfons
is deprived, and a Penalty for the unjuft Detention. are equally concerned, and the one cannot bring
But Detinue is no Action mix'd, notwithstanding the the Action, or cannot be fued, without the other;
Thing demanded and Damages for with-holding it Several, in Cafe of Trefpafs, &c. done, where Per-
be recovered; for it is an Action merely perfonal, fons are to be feverally charged, and every Treſpaſs
brought only for Goods and Chartels. In a Real committed by many is feveral. 2 Leon. 77. A Man
Action, fetting forth the Title in the Writ, feveral attainted of Treafon or Felony, convict of Recu
Lands held by feveral Titles may not be demanded fancy, an Outlaw, excommunicated Perfon, convict
in the fame Writ: In Perfonal Actions, feveral of Pramunire, an alien Enemy, c. cannot bring
Wrongs may be comprehended in one Writ. 8 Rep. an Action, till Pardon, Reverfal, Abfolution, c.
87. A Bar is perpetual in Perfonal Actions, and the But Executors or Adminiftrators being outlawed,
Plaintiff is without Remedy, unless it be by Writ may fue in the Right of the Teftator or Inteftate;
of Error or Attaint: But in Real Actions, if the De- though not in their own Right. A Feme Covert
fendant be barred, he may commence an Action of muft fue with her Husband: And Infants are to fue
a higher Nature, and try the fame again. 5 Rep. 33. by Guardian, &c. 1 Inft. 128. Actions may be
Action of Wafe fued against Tenant for Life, is in brought against all Perfons, whether attainted of
the Realty and Perfonalty; in Realty, the Place Treafon or Felony, a convi& Recufant, outlawed
wafted being to be recovered, and in the Perfonal- and excommunicare, &c. and a Feme Covert muſt
ty, as treble Damages are to be recovered. 1 Inft. be fued with her Husband. A Scire facias, or any
284. If a Diffeifor make a Feoffment to another, Writ to which the Defendant may plead, or by
the Diffeifee fhall have Affife of Novel Diffeifin which a Plaintiff may recover, is an Action. 6 Rep. 3.
againſt the Diffeifor and the Feoffee, and recover Salk. 5. But where it appears upon the Record,
Seifin of the Lands, and Damages for the Profits: that an Action is brought before the Caufe of Action
And fo it is of Actions mix'd, not only in Wate, but arifes, either in the Declaration or Verdict, or o-
Quare Impedit, &c. Terms de Ley 18. But if a Leffee therwife by the Plaintiff's own Shewing, he fhall
for Years commit Wafte, and dies, Action of Waste never recover. 3 Salk. A Plaintiff may fue out a
may not be had against his Executor or Adminiftra- Latitat before the Cauſe of Action; but he cannot
tor, for Wafte done by the Deccafed. And where a declare 'till after the Caufe of Action doth ariſe.
Keeper of a Prifon permits one in Execution to e- Mod. Caf. in L. and E. 344. Right and Wrong are
fcape, and afterwards dieth, no Action will lie against the Mother of all Actions; and therefore no Action
his Executors. Alfo if a Battery be committed on a can be brought without the having of a Right, and
Man, and he that is the Aggreffor, or the Party on the Laying of a Wrong done before the Action. Hob.
whom committed, die, the Action is gone: For Per- 198. In every Action, and the Proceeding there-
fonal Actions die with the Perfon. 1 Inft. 53. Actions upon, three Things are to be done; firft the Caufe
Real and Mix'd, Eje&ment, Waffe, Trefpaffes, or Matter of Fact must be fhewed, and this the Par-
Quare Claufum fregit, &c. are to be laid in the fame ties muft do: then the Law is to be fhewed, and
County where the Land lieth: Perfonal and Tranfi- Judgment given according to it, which the Judges
tory Actions; as Debt, Detinue, Affault and Battery, are to do; and then their Judgment must be exe-
&c. may be brought in any County, (except it be a- cuted by the Officers of the Court. Plowd. 36. Alfo
gainft Officers of Places, . by Statute 21 Fac. 1.) in all Actions, there inuft be a Perfon able to fue;
1. Inft. 282. Actions Transitory may be laid in any the Party fued must be one fiable for the Thing
County, altho' the Statute 6 R. 2. enacted, That laid; and the Plaintiff is to bring his Right and
Writs of Debt, Account, &c. fhould be commenced proper Action which the Law gives him for Relief.
in the County where the Contracts were made; for 1 Shep. Abr. 20. There are three Sorts of Damages.
that Statute was never put in Ufe; and yet gene- or Wrongs, either of which is a fufficient, Founda-
rally Actions have been laid in the County where tion for an Action. 1. Where a Man fuffers Damage
the Cauſe of them was arifing. If the Caufe of Ac-in his Fame and Credit. 2. Where one has Damage to
tion arife in two Counties, an Action may be brought
in either County: But if a Nufance be erected in
one County, to the Damage of a Man in another,
ལག་པ་
*
·
2
his Perfon, as by Imprisonment, Battery, &c. which
refpe&ts his Liberty. 3. Where a Perton fuffers any
Damage in his Property. Carth. Rep 416. If a Thing
thar
}
k
7
A C
DA C
that is an Injury to a particular Perfon, is prohi- | fome fecret Difeafe known to the Seller, but not to
bited by Act of Parliament, the Party may have
his Action, and yet 'tis indictable alſo. Comberb. 374.
And Injuria & Damnum are the Foundations of Actions
on the Cafe.
the Buyer, this Action may be brought: Tho if one
fell a Horfe and warrant him ſound, and he hath at
the Time viſible Infirmities, which the Buyer may
feci
Action on the Cafe will not lie. Telv. 114. 2 Cro.
Action upon the Cafe, (Actio fuper Cafum) Is a gene- 675. Where one fells me any Wares or Commo-
ral Action given for Redreſs of Wrongs and Injuries, dities, and is to deliver that which is good, but de-
done without Force, and by Law not provided a- livers what is nought: Or fells any Thing by falfe or
gainft, in Order to have Satisfaction for Damages: deceitful Weights and Meaſures, with or without
And in Actions upon the Cafe, the like Procefs is to Warranty, Action on the Cafe lies; and fo where a Man
be had as in Actions of Trefpafs or Debt. 19 H. 7. doth fell corrupt Victuals, as Bread, Beer, or other
c. 9. Terms de Ley 17. It is called Ation of the Thing for Food, and knows it to be unwholfome.
Cafe, becauſe the whole Caufe or Cafe, fo much as Dyer 7.5. 4 Rep. 18. 2 Cro. 270. Yet if the Buyer or his
in the Declaration, (except Time and Place) is fet Servant fhall fee and tafte the Victuals, &c. and like
down in the Writ; and there is no other Action and accept the fame, no Action can be had. 7 H. 4.
given in the Cafe, fave only where the Plaintiff hath 16. Nor will Cafe lie upon a Warranty of what is
his Choice to bring this or other Action. If my Fire, out of a Man's Power, or of a future Thing; as that
by Misfortune, burn the Goods of another Man; a Horfe fhall carry a Man thirty Miles a Day, or
for this Wrong, he shall have Action on the Cafe a- the like. Finch 188. If a Man fells certain Packs
gainſt me: And if my Servant puts a Candle or of Wool, and warrants that they are good and mer-
other Fire in any Place in my Houſe, and this burns chantable, if they are damaged, Action of the Cafe
all my Houſe and the Houfe of my Neighbour, Ac- lies against him. I Danv. 187. The bare Affirmati-
tion of the Cafe lies for him againſt me. 1 Dany. 10. on by the Seller of a particular Sort of Diamond,
But fee the Stat. 6 Ann, and 10 Ann. c. 14. If a Per- without warranting it to be ſuch, will not maintain
fon delivereth Goods to a common Carrier, to carry an Action. 2 Cro. 4. 196. But where a Man hath the
them to a certain Place, and be lofeth them, Action Poffeffion of a perfonal Thing, the Affirming it to
upon the Cafe lies against him; for by the common be his own, is a. Warranty that it is fo: Tho' 'tis
Cuftom of the Realm he ought to carry them fafe- otherwife in Cafe of Lands, where the Buyer at
ly: It is the fame of a common Hoyman or Light- his Peril is to fee that he hath Title. 1 Salk. 210.
erman, who is a Water-Carrier of Goods; but If a Perfon fells to another Cattle or Goods, that
Goods in this Caſe, may be thrown over board in a are not his own, Action of the Cafe lies: So if he
Tempeft, to preferve the Paffengers Lives in the warrants Cloth to be of fuch a Length, that are de-
Lighter, &c. and no Action lie. 2 Bulft. 280. If a ficient of it. If a Taylor undertakes to make a Suit
common Carrier is robbed of Good, he is charge- of Clothes, and fpoils them, Action lies: And. if a
able for them, becauſe he had his Hire, and took Carpenter promifes to mend my Houfe before a cer-
upon himself the fafe Delivery of the Goods there-tain Day, and doth not do it, by which my Houfe
fore: And tho a Perfon doth not acquaint the Car- falls: Or if he undertakes to build a Houfe for me,
rier with all the Particulars in a Box, as that there and doth it ill, Action on the Cafe lies. r Danu. 32.
is fuch a Sum of Money, &c. the Carrier fhall an- If a Chirurgeon neglects his Patient, or applies un-
fwer for the Money, if robbed: Tho' a fpecial Ac-wholfome Medicines, whereby the Patient is in-
ceptance may excuſe him. I Danv. 13. A common jured, this Action lieth. And if a Counſel retained
Inn-keeper is chargeable for Goods ftolen in his to appear on fuch a Day in Court, doth not come,
Houfe: And if the Inn-keeper be not of found by which the Caufe mifcarries, Action lies againſt
Memory, it is faid Action lies against him; But if him: So if after Retainer, he become of Counſel to
the Inn-keeper be an Infant, no Action will lie a- the Adverfary againſt the Plaintiff. 11 H. 6. 18. For
gainſt fuch Infant. The Perfon robbed must be a Stopping up a Water courfe or Way; Breaking
Traveller, and Gueſt in the Inn; If the Goods are down a Man's Wall, Stopping of antient Lights, and
committed to the Hoft upon another Account, and for any private Nufance to a Man's Water, Light,
arc ſtolen, no Action will lie. So if a Man comes to or Air, whereby a Perſon is damnified, this Action
an Inn, and leaving Goods there, goes away for two lieth. 1 Cro. 427. Telv. 159. Where a Smith pro
or three Days, if in that Time they are ftolen, no mifes to fhew my Horfe well, if he pricks him, Ac-
Action lies against the Inn-keeper; for at the Time tion of the Cafe lies; and fo when he refufes to fhoc
of the Stealing he was not his Gueft: But where a him, on which I travel without, and my Horfe is
Man comes on Horfeback to an Inn, and leaves his damaged. If a Horfe that is hired, hath been abu
Horfe with the Hoft, if he goes away from the Inn fed by the Rider, Action lies: So where Goods
for feveral. Days, and in his Abfence the Horfe is pawned are not delivered, on offering the Money:
ftole, the Inn-keeper fhall be charged for it; be- Where any one perfonates another, for Cheating
caufe he had Benefit by the Continuance of the at Gaming; where a Surety is not faved harmleſs,
Horfe with him, he being paid for it, and fo the &c. 2 Inft. 198. If I lend another my Horfe to
Owner was a Gucft. Moor 877. If a Man upon a ride fo far, and he rides further, or forward and
fpecial Agreement boards in an Inn for any Time, backward, or doth not give him Meat, this Action
and is robbed, the Inn-keeper fhall not answer for lieth. i Cro. 14. And where one lends me a Horſe
it. Latch 127. An Inn-keeper is liable, tho' the for a Time, if he take him from me within that
Guest doth not acquaint him what Goods or Money Time, or difturb me before I have done what I
he bath. 8 Rep. 33. If an Inn-keeper refufe to en- hired him for; Action of the Cafe lies: And though I
tertain his Gueft, this Action may be brought againſt ride the Horfe out of the Way in my Journey, he
him. Dyer 158. If a Mail is robbed, and Bills are may not take him from me. 8 Rep. 146. This
loft; by Helt Chief Justice, Action lies against the
Polt-Maſter, as against a common Carrier, &c. he
being paid a Salary for doing his Duty; but 'twas
over-ruled by the other Juftices. 1 Salk. 17. This
Action lies for Deceits in Contra&s, Bargains and
Sales: If a Vintner fells Wine knowing it to be
corrupt, as good and not corrupt, tho' without War-
ranty, Action lies. Dany. 173. So if a Man fells a
Horfe, and warrants him to be found of his Limbs,
if he be not, Allion on the Cafe lics. 11 Hen. 6. A
Perfon warrants a Horfe Wind and Limb, that hath
t
ion lies, for keeping a Dog accustomed to bite
Sheep; but not for a Man's Dog running at any
Sheep, tho' he kills them, if it be without his Con-
fent. 1 Danv. Abr. 19. Hetl. 171. Action of the Cafe
will lie againſt a Gaoler for putting Irons on his
Prifoner; or putting him in the Stocks, or not giving
fufficient Suftenance to him, being committed for
Debr. F. N. B. 83. The Mafter may in many
Cafes have this Action against his Servant, Steward,
or Bailiff, for any special Abuſe done to him; and
for Negligence, &. Alfo it lies for taking or
enticing
CA C
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*
enticing away my Servant, and retaining him; Money; 'tis faid this is not a good Confideration,
or threatning a Servant, whereby I loſe his Service to ground an Action, there appearing nothing buc
Lane 68. 1 Cro. 777. 1 Shep. Abr. 52, 59 A Ser- what is altogether past, without any Thing to con-
vant is trufted with Goods and Merchandize continue it. Moor 220. Stile 465. Where a Plaintiff by
fign'd to him by a Merchant, to pay the Cuftoms the Defendant's Appointment paid a little before
for them, and difpofe of them to Profit; if he to 201. for a Debt of the Defendant, he promis'd tô
deceive the Merchant, and have Allowance for it repay it on Demand; that Confideration fhall be
on his Account, and to defraud the King, lands held to be paft, and the Judgment in the Action ftayed.
fome of the Goods without paying the Cuftoms, by Cro. Eliz. 141. If a Man promife to do a Thing by
which they are forfeited, Action of the Cafe lieth. fuch a Day, without any Confideration or Reward,
Lane 65. 2 Cro. 266. If I trust one to buy a Leafe and doth it not, no Action will lie; but if he ac&u-
or other Thing for me, and he buyeth it for him- ally enters upon the Performance of the Thing,
felf, or doth not buy it, this Action lies againſt him; and then neglects it to the Deccit of the Plaintiff,
but if he doth his Endeavour it fufficeth. Bro. 117. Action on the Cafe lies. Trin. 2 Ann. 3. Salk. 11. "Tis
And where a Man is diſturb'd in the Ufe of a Seat faid the Folly of a Defendant hath been confidered
in the Church, which he hath had Time out of in fome Promiſes, and reaſonable Damages given by
Mind: A Steward is hinder'd in the keeping of his the Jury. Mod. Ca. 305. The Perfon to whom a
Courts; a Keeper of a Foreft difturbed in taking the Promife is made, fhall have the Action; and not
Profits of his Office; a Bailiff in diftraining for an thoſe who are Strangers, or for whofe Benefit it is
Amerciament, &c. Aion on the Cafe will lie. Bendl, intended. Danv. 64. Nor fhall Action be brought a
89. Lib. Intr. 5. Moor 987. An Action of the Cafe lies gainft one for what another receives, not at his Re-
for him in Reverfion, against a Stranger, for Da- queft, &c. 1 Salk. 23. But if a Man delivers Mo-
mage to his Inheritance, tho' there be a Term in ney to 4. B. to my Ufe, I may have an Action on the
Eſſe. 3 Lev. 360. Allo if a Leffor comes to the Cafe against him for this Money. If a Man accounts,
Houſe he has demifed, to fee if it be out of Repair, and upon the Account is found in Arrear to a cer-
or any Wafte be done, and meets with any Disturb tain Sum, and prefently in Confideration thereof af
ance therein; or if one diſturbs a Parfon in taking fumes to pay the Debt at a Day; A&ion on the Caſe
his Tithes, this Action lies. 2 Cro. 478. 2 Inft. 650. lies for this after the Day. Telu. 70. And on a Pro-
And for fetting up a new Mill on a River, to the mife to pay a Sum of Money, at fo much a Month,
Prejudice of another who hath an antient Mill, an Action of the Cafe may be brought before the
likewife an Action will lie. Lib. Intr. 9. The whole is payable; for it is grounded upon the Pro-
Things for which Action of the Cafe may be brought mife, which is broken by every Non-Payment, and
are generally diftinguifh'd into Nonfeafance, where a Damages may be recovered: "Tis nor like the Cafe
Man omits that which he ought to do, and compre-of a Bill of Debt, which is founded on the Specialty,
hends an Affumpfit, expreffed or implied; Mifea- and cannot be demanded until the intire Sum is
zance, the doing of fomething undertaken, or which due. 2 Cro. 504. If Action on the Cafe be upon a
the Law requires him to do, otherwife than he Special Promife, it is neceffary to lay a good
ought, by which Mifdoing the Plaintiff receives Confideration, &. And the Declaration may be
Damage; And Malefeazance, a doing of fomething laid on five feveral Counts or Promifes, viz. Affump-
which ought not to be done at all, &c. And Non-fit for Promife of Payment of fo much Money on
feazance may concern a Man's real Eſtate; as where
there is a Charge upon any Perfon by reafon of his
Tenure, to repair any Houfe, Bridge, Way, Hedge,
&c. and he doth it not, whereby the Plaintiff is
prejudiced; alfo for refufing to Grind at the Lord's
Mill according to Tenure; or for not paying Toll
of a Mill, Market, &c. Misfeazance may likewife
regard a Man's Houfe or Lands, as well as his
Goods and Cattle. 8 Rep. 146. 3 Cro. 498. 10 Rep.
139. Co. Entr. 10. And Action of the Cafe on Affumpfit,
lies for not making a good Eſtate of Land fold, ac-
cording to Promife; not paying Money upon a Bar-
gain and Sale, according to Agreement; not deli-
vering Goods upon Promife, on Demand; This is
by exprefs Affumpfit; and implied Affumpfit is where
Goods are fold, or Work is done, &c. without any
Price agreed upon; on Action of the Cafe by Quantum
meruit, the Law implies a Promife and Satisfaction
to the Value. If a Man make a Leafe for Years,
rendring Rent, he cannot have Action upon the Cafe
fur Affumpfit for this Rent; but is to have Action of
Debt on the real Contract. i Danv. 28. So it is
upon Promife of Payment of Money on a Bond;
unless there be a Collateral Promife: And for
Breach of Promife made by Deed, Writ of Covenant
is to be brought. 1 Roll. Abr. 517. Índebitatus Affumpfit
will not lie upon a Bill of Exchange accepted; but
Action upon the Cuftom only. 1 Vent. 152. The
Cónfideration is the Ground of the common Action
on the Cafe: And no Action on the Cafe lieth againſt a
Man for a Promife where there is no Confideration
why he should make the Promife. 1 Danv. 53. A
Confideration wholly paft and executed before is not
fufficient to bring Action of the Cafe. Moor S20. But
it may be good on Promife for Service done. 2 Leon.
A Perſon in Confideration another hath built
a Houſe, or acquitted him of a Trefpafs, &c. pro-ing a Murderer, Highwayman or Thief, in exprefs
miſes to do fome other Thing, or to pay fo much Terms, are held actionable. 1 Roll. Abr. 47.
225.
+
fuch a Day, &c. Quantum valebat, where Goods
are deliver'd at no certain Price, to be paid fo
much as they are worth, &c. Quantum meruit, when
a Man does work without making any Agreement
for it, to be paid as much as he fhall deferve: In-
debitatus Affumpfit for Debt in a Sum certain, &c.
And infimul Computaffet, where the Parties have rec-
koned or accounted. Alfo fometimes a Mutuo dat &
accommodat, &c. is inferted; and the Caufe of laying
the Declaration fo many Ways, is, that you may
be fure by the Proofs to hit on one of the Promiſes.
Practif. Attorn. 72, 73. For malicious Profecutions,
where a Suit is without Ground, and one is arreft-
ed, Action on the Cafe lics for unjuft Vexation: So
for falfe Imprifonment. And for falfely and mali-
cioufly arrefting a Perfon for more than is due to
the Plaintiff, whereby the Defendant is impriſoned,
for Want of Bail; or if it be on Purpoſe to hold
him to Bail, Action on the Cafe will lie, after the Ori-
ginal Action is determined. 1 Lev. 275. 1 Salk. 15.
And Action likewife lies againſt Sheriffs, for Default
in executing Writs; permitting Escapes, &c.
Action on the Cafe for Words, Is brought where a
Perfon is injured and defamed in his Reputation.
And for Words ſpoke of a Perfon, which affe&t his
Life, Office, or Trade, or tend to his Lofs of Pre-
ferment in Marriage, Service, or to his Difinheri-
tance, or which occafion any particular Damage,
this Action may be had. To fay of another, that
he hath killed a Man, Action lies; though he did
not deſign any particular Perfon. 1 Danv. 150. But
not to fay of a Man he deferves to be hang'd:
Nor to call another Rogue generally, or fay he
will prove him to be a Rogue; though it will lie
to. fay a Man is a Rogue of Record. 4 Rep. 15.
Danv. 92. Words which charge a Perfon, with be-
Tho'
2
for
1
2
{
-
AC
•
•
+
A C
I
for faying ſuch a one would have taken his Purfe whereof he is difgraced and injured in his Calling,
on the Highway, or have robbed him, an Action lies thefe are actionable. Raym. 184. To fay an Ale-
not; for nothing is fhewn to be done in order houfe-keeper keeps a Bawdy-houfe, Action lies. Cros
thereto. Cro. Eliz. 250. To fay of another he is a Eliz. 582. Tho' to fay of an Inn-keeper, that hé
Traitor, Action lies. 1 Bulft. 145. If one call ano-harbours Rogues, &c. is not actionable; for his
ther a feditious traiterous Knave, no Action lieth; Inn is common to all Gueſts. 2 Roll. Rep. 136. To
becauſe the Words imply an Intention only, and fay of another he hath the French Pox, Altion will
not an unlawful A&. 4 Rep. 19. To fay that he is lie. Cro. Fac. 430. But 'tis faid, if one fay that he
a Witch, and did bewitch fuch a Perfon, &c. is had the Pox, after cured, no Action lies; becaufe
actionable; but not to call a Perfon Witch, without none will then avoid his Company, &c. Noy 151.
more Words. 1 Brownl. 15. To fay a Man was in To call a Man Whore-mafter, or a Woman Whore,
Gaol for ſtealing any Thing, is not actionable, for the no Aion lies; for theſe are merely Spiritual. Danu.
Words do not affirm the Theft. Danv. 104. But to But calling a Woman Whore in London, is actionable
call an honeſt Perfon Thief, or to fay I will not by the Cuſtom of the City. And if one calls a Wo-
keep a Thief, as A. B. doth; Or that I think A. B. man Copyholder, while he is Sole, a Whore, an
committed fuch a Felony; or I dreamt he ſtole a Action lies, by Reafon of the fpecial Damage that
Horſe, &c. theſe are actionable. Dal. 144. 1 Danu. may arife thereby. 1 Sid. 214. În like Manner cal-
105. If one fay of another, thou art a Buggering ling the Miftrefs of a School Whore, may be held
Rogue, and I could hang thee, Action lies. 1 Sid. actionable. 1 Vent. 21. To fay that a Woman hath
373. And if a Man fay, I know myself, and I a Baftard, or is with Child; or that a certain Per-
know you, I never bugger'd a Mare, &c. it is fon hath bad the Ufe of her Body, whereby the
actionable. To fay of a Perfon, he hath perjured lofes her Marriage, Action lies: Tho' not with-
himself; or that he would prove him perjured; or out fpecial Damage, on Action at Common Law.
that he was forfworn in the Court of Chancery, 2 Salk. 696. If a Man is in Treaty with a Woman
Common Pleas, &c. are actionable: But not to call to Marry, and another tells him, She is under a
a Perſon forſworn Man, unleſs it be faid in a Court Pre-contract; this doth not imply a Scandal, but
of Record. 3 Inf. 163. Danv. 87, 89. If a Man fay yet if falfe, an Action will lie. Mich. 5 Ann. To
he gave another Money for forfwearing himself; fay of a Man that he lay with a certain Wo-
or call him perjured Knave, Aion will lie. To man, c. by which he lofes his Marriage, is action-
fay a Man hath forged an Obligation, &c. and he able; For in thefe Cafes there is a Temporal
will prove it; this is actionable. Dano. 130. When Damage. I Danu. 81. If one fays of another that
fuch Words are fpoken of another malicioufly, for has Land by Defcent, that he is a Baftard; Action
which Words, if true, fuch other might be punish-upon the Cafe lies, as it tends to his Difinheritance.
ed, Action lics: As to fay of a Man, he can prove Co. Ent. 28. But to fay of a Son and Heir appa-
him perjured, &c. Or if he might have his Will rent, that he is a Baftard, Action lies not until he
he would do fuch a Thing, which Thing is action- is difinherited, or is prejudiced thereby. 1 Danv.
able. 10 Rep 130. If 4. fays that B. faid that C. 83. And though fcandalous Words are ſpoken be
did a certain fcandalous Thing, C. fhall have Action fore a Man's Face, or behind his Back, by Way of
againſt A. with Averment that B. never faid fo, Affirmation, or Report, when drunk, or fober; and
whereby A. is the Author of the Scandal. Cro. Fac. although they are fpoke in any Language, if they
406. See 1 Roll. Abr. 64. If one fay of a Bishop, are understood by the Hearers, they are actionable:
that he is a Papift, Action lies: So of a Member of Aifo Words may be actionable in one County, which
Parliament, &c. To call any other Papiſt or Here-are not fo in another, by the different Construction,
tick, is not actionable. 2 Brownl. 166. Calling an c. 4 Rep. 14. Hob. 165, 236. But if the Defen-
Officer in the Government, c. Jacobite, hath beendant can make Proof of the Words, he may plead
held actionable; aliter of a private Perfon. Farrel. fpecial Juftification. Co. Ent. 26. Yet where the
Rep. 107. To fay a Minifter preacheth Lies in the
Pulpit, Action lies: Not if the Words are, that he
is a Preacher of falfe Doctrine. Danv. 119. If one
fays of a Parfon that he hath a Baftard, whereby
he receives Injury, it is actionable. i Lev. 248. To
fay a Juftice of Peace doth not adminifter Juftice,
is actionable. Cro. Eliz. 358. And fo for other Difa Man hath the Pox, when it may be the ordinary
grace in his Office. To call an Attorney Rogue and Difeafe; or that he is a Coiner of Money, when it
Knave, in his Profeffion; or Champertor and com- may be his Trade, and he may do it by Authority,
mon Stirrer up of Suits; or fay he is not fit to be c. no Action will lie: And yet in this Cafe, if the
an Attorney; or to ſay a Man is a cheating Knave; common and violent Senfe of the Words in the Im-
if it be in his Trade and Profeffion, theſe are action-port thereof be the worfe Senfe, they may be taken
able. Danv. 111. Moor 261. To call a Clerk in Court
corrupt Man, and fay he deals corruptly, is action-
able. 4 Rep. To fay of a Counsellor, that he is no
Lawyer; that they are Fools who come to him for
Law, and that he will get nothing by the Law,
Action lies. Danv. 113. And it is the fame to fay
he hath diſcloſed Secrets in a Caufe. To call a
Doctor of Phyfick Fool, Afs, Empirick and Moun-
tebank, or fay he is no Scholar, are actionable. Cro.
Car. 270. So to fay of a School-maſter, put not
your Son to him, for he will come away as very a
Dunce as he went. Hetl. 71. Where one fays of a
Midwife, that many have perifh'd for her Want of
Skill, an Action will lic. Cro. Car. 211. If one calls
a Merchant Bankrupt, A&ion lies. 1 Leon 336. And
to call a Trading Perfon Bankrupt Knave, is action-
able. 1 Danv. 99. Alfo if one fay of a Merchant,
that he is a beggarly Fellow, and not able to pay
his Debts: Or fay of a Perfon that he is a Runna
way, and dares not fhew his Face, by Reafon
·
Plaintiff has a Pardon, after an Offence com-
mitted, the Words are ftill actionable. Moor 863. If
Words may receive a double Interpretation, the one
Way that they fhall be actionable, and the other Way
not, they fhall be taken in mitiori fenfu, ſo far as not
to be actionable. Cro. Fac. 438. Therefore to ſay that
accordingly, and are liable to Action. 4 Rep. 20.
Hob. 126. 3 Cro. 352. The Words to maintain this
Action must be direct and certain, that there may
be no Intendment against them: But as fome Words
feparate, without others joined with them, are not
actionable; fo fome Words that are actionable, may
be qualified by the precedent or ſubſequent Words,
and all the Words are to be taken together. 4 Rep
17. 1 Cro. 127. Moor Ca. 174, 531. And fome Wri-
ters make a Difference, where the fubfequent Words
are introduced by the Word And; as you are a Thief,
and have ftolen, &c. which are additional, and
fhall not correct; and the Word For; as you are a
Thief, for you have, &c. Hob. 386. Style 115. Godb.
89. The Words, He is a Maintainer of Thieves,
and keeps none but Thieves in his Houſe, will not
fupport an Action, unleſs it be averred that he knew
them to be Thieves. 1 Cro. 746. Likewife where
one calls a Tradefman Cheater or Cozener, theſe
Words bear_no Action, without there be a Collo-
E
quium
A C
A D
1
!
©
•
Axion of a Writ, Is a Term ufed when a Man
Plaintiff had no Caufe to have the Writ which he
brought: But it may be that he may have another
Writ for the fame Matter. It is called a Plea to the
Action of the Writ, as a Diftin&tion from a Plea to the
Action; which is where the Plaintiff hath no Cauſe
to have any Action for the Thing demanded. Terms
de Ley 17.
Pitonare, i. e. In Fus vocare, Or to profecute one
in a Suit at Law. Thorn's Chron.
C
·
WЯon Burnel, The Stat. 13 Ed. 1. fo called from
its being made at a Place called Alton Burnel, a
Caftle in Shropshire, antiently of the Burnels, and
afterwards of the Lovels: It ordained the Statute
Merchant for Recovery of Debts.
Hog, The Proctor or Advocate in Civil Courts
or Caufes: As Actor Ecclefia has been fometimes.
uſed for the Advocate of the Church: Actor Domi-
nicus, for the Lord's Attorney: Actor Ville, the
Steward or Head Bailiff of a Village
quium or Diſcourſe of Trade laid therein. Hardr. 8.
3 Med. 398. Where Words ſpoken are fomewhat un-pleads fome Matter by which is fhewn that the
certain, by the precedent Conference or fome Cir-
cumftance, with an Averment, they may be many
Times made certain and actionable. 2 Bulft. 227. So by
the Pleadings of the Parties, and Verdict of a Jury
for the Plaintiff. 2 Cro. 107. The Thing faid by
the Words, mußt be that which is poffible to have
been done; for if it be of a Thing altogether and
apparently impoffible, no Action lies. 4 Rep. 16.
For Words fpoken in Purfuit of a Profecution in an
ordinary Courſe of Juftice and where a Lawyer
in Pleading his Client's Caufe, fhall, utter Words
according to his Inftructions; and to fay of one he
is a Baftard, when this is to defend the Party's own
Title, where he himself doth claim to be Heir of
the Land that is in Queſtion; thefe Words will not
bear an Action. 2 Cro. 90, 4 Rep. 13. If a Felony
be done, and common Fame is that fuch a Perfon
did it, although one may charge or arreft him on
Sufpicion of that Felony; yet a Man may not af-
firm that he did the fame, for he may be innocent As done, Are diftinguifhed into As of God,
all the while, and therefore affirming it hath been the Acts of the Law, and Acts of Men. The Act of
held actionable. Hob. 138, 203, 381. To flander the God fhall prejudice no Man As where the Law
Title of another Perfon to his Lands is actionable: prefcribeth a Means to perfect or fettle any Right
But the Words muſt be falle, and be ſpoken by one or Eftate; if by the Act of God this. Means in fome
that neither hath, nor pretendeth Title to the Land Circumftance become impoffible, no Party fhall
himſelf; and that is not of Counsel to him that pre-receive any Damage thereby. Co. Litt. 123. 1 Rep.
tends Right. 4 Rep. 17. If a Man ſhall pretend 97. The Acts of Law are cfteemed beyond the Acts
Title to the Land another bath in Poffeffion, and of Men: And when to the Perfection of a Thing,
hath no Colour of Title to it; and fhall fay he hath divers As are required, the Law hath moft Re-
fuch a Deed or Conveyance of it, where in Truth gard to the Original Act. 8 Rep. 78. The Law will
he bath none, or if he hath any it is a Counterfeit conftrue Things to be lawfully done, when it ſtand-
and forged Deed, and he knows it to be fo: In this eth indifferent whether they fhould be lawful or
Cafe the Words may bear an Action; but if there not: But whatſoever is contrary to Law, is ac-
be any Colour for what is faid, they will not be accounted not done. 1 Inft 42. 3 Rep. 74. Our Law
tionable. 2 Cro. 339. Kelv. 80, 88. And the Party of
whom the Words are fpoken must have, or be like-
ly to have fome fpecial Damage by the Speaking of
them; as that he is hindered in the Sale of his
Lands, or in his Preferment in Marriage, &c. with
out which it is ſaid Action doth not lie. I Cro. 99,
2. Cro. 213, 397. Poph. 187. 2 Bulft. 90. The
firming that another hath Title to the Land, where
actionable, fee 4 Rep. 175. As to Words for which
an Action lies, relating to a Man's Office, they muft
have a plain and direct Meaning, to charge him
with fome Crime that is punishable; and be ſpoken
of his Office, or otherwife they are not actionable.
6 Mod. 200. In Offices of Profit, for fuch Words
as impute the want either of Underſtanding, Abi-
lity or Integrity to execute them, this Action lies.
2 Salk. 695. Where the Words are difgracing a
Man's Profeffion, they also must appear to be ſpoke
precifely of it; for to fay a Perfon has cozened one 6 Rep. 16.
in the Sale of certain Goods, is not actionable; un- Was of Parliament, Are pofitive Laws, confift-
less you fhew that the Party lived by fuch felling.ing of two Parts, (viz.) the Words of the Acts, and
1 Roll. Abr. 62. And where Words are of a Carrier, the Senfe and Meaning of them, which being joined
that he is a common Barretor, no Action will lie. make the Law. The Words of Acts of Parliament
Hob. 140. In this Action the Nature of the Words fhall be taken in a lawful Senfe: Cafes of the fame
must be fet forth, with the Manner of ſpeaking Nature are within the Remedy, though out of the
them, the Time and Place, when and where fpo- Letter of the Act; and fome As extend by Equity
ken, and before whom, and the Damage thereby to to other Things than are mentioned therein, &c.
the Plaintiff; what his Credit was, and how im-1 Inft. 24, 381. Vide Statute.
paired, with the aggravating Circumftances: But it
matters not whether the Plaintiff doth in his De-
claration fet forth all the Circumftantial Words as
they are spoken; fo as to fhew the very Words that
are actionable, and the Subſtance of them, &c..
"
doth favour Subftantial more than Circumftantial
Acts; and regards Deeds and As more than
Words: And the Law doth not require unneceffary
Things. Plowd. 10. As to Acts of Men; that which
a Man doth by another, fhall be faid to be done by
himself; but perfonal Things cannot be done by
af-another. Co. Litt. 158. A Man cannot do an Act to
himself, unless it be where he hath a double: Capa-
city: No Perfon fhall be fuffered to do any Thing
against his own Act; and every Man's Acts shall be
conftrued moft ftrongly against himself that doth
them. Plowd. 140. But if many join in an Act, and
fome may not lawfully do it; it fhall be adjudged
the Act of him who might lawfully do the fame.
Dyer 192. Acts that Men are forced by Neceffity
and Compulfion to do, are not regarded And
an A&t done between Perfons, fhall nor injure a
Stranger not Party or Privy thereto. Plow. 19.
tion Prejudicial, (otherwife called Preparatory
or Principal) Is an Action which arifes from fome
Doubt in the Principal; as in Cafe a Man fues his
younger Brother for Lands defcended from his Fa-
ther, and it is objected against him that he is a Ba-
ftard: Now this Point of Baftardy is to be pre-tried,
viz. before the Caufe can any further proceed: And
therefore it is termed Præjudicialis, quia prius Fudi-
canda. Bra&t. 1. 3. c. 4.
I
Xuary, (Actuarius) A Clerk that regiſters the
A&ts and Conftitutions of the Convocation.
Adcredulitare, To purge one's felf of an Of
fence by Oath. Qui in Collegio fuerit ubi aliquis
occifus eft, Adcreduliter fe quod eum non percuffit. Le-
ges Inæ, c. 36.
Addition, (Additio) Signifieth a Title given to a
Man befides his Chriftian and Surname, ferting forth
his Eftate, Degree, Trade, &c. As for Example;
Additions of Eftate are Yeoman, Gentleman, E-
fquire, &c. Additions of Degree, are Knight, Earl,
Marquefs, and Duke: Additions of Trade, are Mer-
chant, Clothier, Carpenter, &c. Then there are
likewife Additions of Place of Refidence, as London,
York,
A D
A D
•
York, Bristol, &c. And theſe Additions were ordain'd ties that have any Thing to do in Court to forbear
that one Man might not be grieved or molefted for their Attendance till fuch a Time. Every laft
another: And that every Perfon might be certainly Day of the Term, and every Eve of a Day in
known, and bear his own Burden. If one be of the Term, which is not Dies Juridicus, or a Law-Day,
Degree of a Duke, Earl, &c. he fhall have the Ad- the Court is adjourn'd; and it is ufually done two
dition of the moft worthy Dignity. 2 Inft. 669. But feveral Times, fitting the Court. 2 Inft. 26. The
the Titles of Duke, Marquefs, and Earl, c. are Terms may be adjourned to fome other Place, and
not properly Additions, but Names of Dignity. Terms there the King's Bench and other Courts at Weßmix-
de Ley 20. And the Title of Knight or Baronet, is fter be held: And if the King puts out a Proclama-
Part of the Party's Name, and ought to be rightly tion for the Adjournment of the Term, this is a fuffr
uſed; but the Titles of Efquire, Gentleman, Yeo cient Warrant to the Keeper of the Great Seal to
man, &c. being no Part of the Name, but Additions make out Writs accordingly; and Proclamation is
as People pleafe to call them, may be used or not to be made, appointing all Perfons to keep their
ufed, or if varied is not material. 1 Lill. 34. An Day, at the Time and Place, to which, &c.ˆi And.
Earl of Ireland is not an Addition of Honour here in 279. 1 Lev. 176. In the first Year of King Car. t.
England, but fuch a Perfon must be written by his a Writ of Adjournment was delivered to all the Ju-
Chriftian and Surname, with the Addition of Ffquire ftices, to adjourn two Returns of Trinity Term: And
only: And Sons of English Noblemen, altho' they in the fame Year Michaelmas-Term was adjourned un-
have given them Titles of Nobility in respect to til Craftino Animarum to Reading; and the King by
their Families; if you fue them they must be na- Proclamation figuified his Pleaſure, that his Courts
med by their Chriftian and Surnames, with the Ad-fhould be there held. Cro. Car. 13, 27. Anno 17 Car. 2.
dition of Esquire, as fuch a one Efquire, commonly
called Lord A. &c. 2 Inst. 596, 666. By the Com-
mon Law, a Man that had no Name of Dignity,
was named by his Chriftian and Surname in all
Writs; which was fufficient. If he had an inferior
Name of Dignity, as Knight, &c. he ought to be
named by his Chriftian and Surname with the
Name of Dignity: But a Duke, &c. might be fued
by his Chriſtian Name only, and Name of Dignity,
which ſtands for his Surname. 2 Inft. 665, 666. By
Stat. 1 Hen. 5. cap. 5. It is enacted, that in Suits or
Actions where Procefs of Outlawry lies, Additions
are to be made to the Name of the Defendant, to
fhew his Eſtate, Myftery, and Place of Dwelling;
and that Writs not having fuch Additions fhall abate,
if the Defendant take Exceptions thereto, but not
by the Office of the Court. By pleading to Iffue,
the Party paffes by the Advantage of Exception for
Want of Addition; for by the Common Law it is
good without Addition, and the Statute gives Reme-
dy only by Exception. Cro. Fac. 610. 1 Roll. 780.
No Addition is neceffary, where Procefs of Outlawry
doth not lic. I Salk 5. If a City be a County of
itſelf, wherein are feveral Parishes, Addition thereof
as de London is fufficient: But Addition of a Pariſh, not
in a City, muft mention the County, or it will not be
good. 1 Danv. 237. An Addition after the Alias dictus
is ill; and according to Holt Chief Juftice, if a Man
of Wilts commit Felony at Westminster, he fhall be
indicted by his Name, as of Weftm. 3 Salk. 20.
|
the Court of B. R. was adjourned to Oxford, becauſe
of the Plague; and from thence to Windfor; and
afterwards to Westminster again. 1 Lev. 176, 178.
On a foreign Plea pleaded in Affife, &c. the Writ
fhall be adjourned into the Common Pleas to be tried;
and after Adjournment, the Tenant may plead a new
Plea perfuant to the Firft: But if he pleads in A-
batement a Plea triable by the Affife, on which it
is adjourned, he cannot plead in Bar afterwards, PC.
1 Danu. Abr. 249. The Juftices of Affife have Power
to adjourn the Parties to Westminster, or to any other
Place; and by the exprefs Words of Magna Charta
cap. 12. they may adjourn, &c. into C. B. before the
Judges there. Dyer 132. If the Judges of the Court
of King's Bench, &c. are divided in Opinion, two
against two, upon a Demurrer or special Verdic,
(not on a Motion) the Caufe muſt be adjourned in-
to the Exchequer Chamber, to be determined by all
the Judges of England. 3 Mod. 156. 5 Mod. 335.
After Diffolution or Prorogation of Parliament, and
after Ajournment for above fourteen Days, Actions
may be profecuted against Perfons entitled to Pri-
vilege, &c. Stat. 12 W. 3.
Adiratus, A Price or Value fet upon Things
ſtolen or loft, as a Recompence to the Owner.
-Poterit enim rem fuam petere ut Adiraram per teftimo-
nium proborum homium. Bra&t. 1. 3. tract. 2. cap. 32.
Adjudication, (Adjudicatio) A giving or pronoun-
cing by Judgment, a Sentence or Decree. Stat. 16
E 1.7 Car. 2. ci 10.
·
Deling, (from the Saxon Edelan) Signifying Ex Adjura Regis, A Writ brought by the King's
cellent, was a Title of Honour amongst the Angles; Clerk prefented to a Living, against thofe that en-
properly belonging to the King's Children; it be-deavour to eject him, to the Prejudice of the King's
ing ufual for the Saxons to join the Word Ling to Title. Reg. of Writs 61.
the Chriftian Name, which fignified a Son, or the
Younger: King Edward the Confeffer having no Iffue,
and intending to make Edgar, his Nephew, the
Heir of the Kingdom, gave him the Stile and Title
of Adeling. Spelm. Gloff.
Ademption, or taking away of a Legacy; this
arifes from a fuppofed Alteration of a Teftator's
Intent, by calling in Money due to him on Bond,
c. that he had exprefly Devifed by Will to ano-
ther Perion. Talbot's Chan. Caf. See Legacy.
Ad Inquirendum, Is a Judicial Writ, command-
ing Enquiry to be made of any Thing relating to
a Caufe depending in the King's Courts. It is
granted upon many Occafions for the better Execu-
tion of Justice. Reg. Judic.
Ad Largum, At large: And there is Title at
large, Afife at large, Verdict at large; to vouch at
large, &c.
Idlegiare, Or Aleier in French, is for one to purge
himſelf of a Crime by Oath. In the Laws of King
Alfred, in Brompt. Chron. cap. 4. Si fe velit adlegiare,
&c. And cap. 13. Si Accufetur, inde adlegiet fe fer
fexaginta hidas, &c.
-
Aomeaſurement, ( Admenfuratio) Is a Writ brought
for Remedy against fuch Perfons as ufurp more
than their Share, to bring them to Reaſon. It lies
in two Cafes; one is termed Admeasurement of
Dower (Admenfuratio Dotis) where a Man's Widow
after his Deccafe holdeth from the Heir more
Land, &c. as Dower, than of Right belongs to her:
Bojournment, (Adjournamentum) The fame with And the other is Admeaſurement of Pafture (Admenfu
the French Word Adjournement, and fignifies a put-ratio Paftura) which lies between thofe that have
ting off until another Day, or to another Place. Common of Pafture appendant to their Freehold
As Adjournment in Eyre,.by Stat. 25 Ed. 3. is an Ap. Eftates, or Common by Vicinage, where any one
pointment of a Day, when the Juftices in Eyre will or more of them furcharge the Common. Reg. Orig.
fit again. A Court, the Parliament, and Writs, 156, 171. In the firft Cafe, the Heir fhall have
c. may be adjourn'd; and the Subftance of the this Writ again the Widow, whereby fhe fhall be
Adjournment of Courts, is to give Licence to all Par-admeasured, and the Heir reftored to the Overplus;
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and in the last Cafe, it may be brought against all Ordinary of the Diocefe within which the Place is
the other Commoners, and him that furcharged; that it lieth, fhall commit the Adminiſtration; and
for all the Commoners shall be admenfured. Terms de not the Ordinary of that Place where the Debt be-
Ley 23. The Heir fhall have a Writ of Admeafure-gan: 1 Anderf. 23. Yelu. 29, 115. Moor 13. When
ment of Dower, for Dower affigned in the Time of one dies without Child or Kindred, Adminiftration
his Anceftor: And if an Heir within Age affign un- may be granted by Letters Patent, by the King;
to the Wife more in Dower than fhe ought to have, but the Adminiftrator ought to be admitted by the
. the Guardian in Right may have a Writ of Ad-Ordinary. 1 Salk 37. At Common Law there was
meaſurement. But if the Guardian affigns Dower no fuch Thing as an Adminiftrator; for whoever pof
more than fhe ought to have, the Heir, during his feffed himself of the Goods of the Inteftate, was
Nonage, fhall not have a Writ of Admeasurement chargeable by the Name of Executor. 5 Rep. 82.
of Dower. 7 Hen, 2. 4. 7 E. 2. c. 13. If the Wife But by the Stat. 31 Ed. 3. cap. 11. Authority was
after Alignment of Dower do improve the Land, given to the Ordinary of every Diocefe to appoint
and make it better than it was at the Time of the Administrators, to gather up and difpofe of the Goods
Affignment; an Admeaſurement doth not lie of that of the Deceased, fo as they fhould account for the
Improvement. Nat. Brevium 332. A Perſon who fame as Executors. Before this Statute, by the
hath Common Appurtenant certain, or Common Statute of Wefm. 2. it was ordained that the Goods
by certain Grant, fhall be admenfured, and a Te- of Perfons dying Inteftate, fhould be committed to
nant fhall have Admeasurement against him: But he the Difpofition of the Ordinary, who was bound to
who hath a Common Appurtenant withour Num-anfwer the Debts of the Deceaſed, as far as his
ber, or Common in Grofs without Number, fhall Goods would extend. Administration must be grant-
not be ftinted, nor fhall Writ of Admeaſurement of ed, ift, To the Husband, of the Wife's Goods and
Pasture lie against him. If the Lord furcharge the Chartels. 2. To the Wife, of the Husband's Goods
Common, bis Tenant muft not have a Writ of Ad- and Chattels, 3. If there be no Husband or Wife,
measurement; but an Affife of Common against the to the Children, Sons or Daughters. 4. If there
Lord. 18 Ed. 2. cap. 20. And fo if the Lord dobe no Children alive, to the Father or Mother.
make Approvement of the Common. And it is faid,
that if the Tenant furcharge the Common, the
Lord fhall not have a Writ of Admeasurement against
him; but he may diftrain the Surplufage Cattle. On
a fecond Surcharge of a Common, after Admeasure-
ment made, the Plaintiff fhall recover his Dama.
ges against him that was Defendant in the first
Writ; and alfo he fhall forfeit to the King the
Cattle which he put in over and above the due
Number after the Admeaſurement made. Stat. 13 Ed.
1. cap. 7. The Writ of Admeaſurement of Pafture is
vicontiel, and fhall be directed to the Sheriff, and
not be returnable.
A Writ of Admeaſurement of Paſture.
EORGE the Secord, &c. To the Sheriff of
W. Greeting: A. B. hath complained to us, That
C. D. and E. F. have unjustly ſurcharged their Common
of Pafture in, &c. ſo that in it they have more Beasts and
Cattle, than they ought to have, and to them belongeth to
have therein: And therefore we command you, that justly
and without Delay, you caufe the fame Pafture to be ad-
meafared, ſo as the faid C. and E, may not have therein
more Beasts and Cattle than they ought, and to them it
belongs to have, according to the Freehold they have in the
faid Town; and that the faid A. may have or keep in the
fame Pafture fo many Beafts and Cattle as he ought, and
to him it belongs to have there; that no more Clamour
thereof we may hear, &c.
Dominicle, (Adminiculum) Significs Aid, Help,
or Support; being uſed to this Purpofe, Stat. 1 Ed.
4. cap. T.
Idministrator, (Latin) Is one that hath the
Goods of a Man dying Inteftate committed to his
Charge by the Ordinary, for which he is account-
able when thereunto required. The Bishop of the
Dioceſe where the Party dies is regularly to grant
Administration: But when the Perfon dying hath
Goods in feveral Diocefes, which are Bona notabilia,
Adminiſtration must be granted by the Archbishop in
the Prerogative Court, or it will be void. 1 Plowd.
281. An Administration may be granted, during a
certain Time, or continually; and be as well upon
Condition, as abfolute: And if a Man have Goods
in two Provinces, and he make a Will of his Goods
in one of them; and die Inteftate for thofe in the
other, Adminiftration may be granted for the Goods
in that Province. Dyer 294. Plowd. 279. Hob. 256.
And if one dies in Ireland, and has nothing but a
Specialty for Money, which lies in England; the
I
or
An
5. Then to a Brother or Sifter of the whole Blood,
or of the half Blood. 6. And if there are none
fuch, to the next of Kin, as Uncle, Aunt, or Cou-
fin. 7. Then to a Creditor of the Deceafed, 8. And
for Want of all thefe, to any other Perfon, at the
Difcretion of the Ordinary: Or the Ordinary may
grant to a Stranger Letters Ad Colligendum bona de-
functi, to gather up the Goods of the Deceased; or
may take them into his own Hands to pay the De-
ceafed's Debts, in fuch Order as an Executor or
Adminiftrator ought to pay them: But 'tis faid, he
or the Stranger who hath Letters Ad Colligendum,
cannot fell them, without making themselves Exe-
cutors of their own Wrong, and A&tion lies only
against the Ordinary, &c. Wood's Inft. 333. By Stat.
21 H. 8. Widows and next of Kin, are to be appoint-
ed Administrators; and a Mother is to have Admini-
firation of Goods of a Child, before a Brother
Sifter, &c. Bur an Administration may be granted to
the Father, before a Widow; and a Refiduary Le-
gatec ought to be preferred before the Widow in an
Adminiſtration, cum Teftamento annexo. 3 Salk. 21. A
Grandmother is as near of Kin to a Perfon deceaſed
as the Aunt. 1 Salk. 38. See Preced. Canc. 527.
Ordinary may grant Adminiftration to a Father of a
Son, or the Son's Wife, at his Election: And where
Perfons are of equal Degree of Kindred to the In-
teftate, it is in the Difcretion of the Ordinary to
grant Adminiftration to which of them he pleafeth.
3 Salk. 22. When there are two next of Kin to the
Deceaſed, and one of them the Adminiftrator dies In-
teftate within the Year, before Distribution, his next
of Kin fhall have the Adminiſtration. Show 25. If an
Adminiftrator die, his Executors are not Adminiftra-
tors; but in this Cafe the Ordinary is to grant new
Adminiftration. Terms de Ley 24. An Alien may be
Administrator, and fhall have Leafes for Years of
Lands and Perfonal Estate in Debts; becauſe he
hath them in auter Droit. Cro. Car. S. But a Popiſh
Recufant Convict is difabled by Statute to be an
Adminiftrator. 35 Eliz. c. 4. On granting Admini-
ftration, Bonds with Sureties are to be taken for the
Administrator to make and exhibit an Inventory of
the Goods of the Deceased, render a juft Account
thereof, and make a Diftribution of the Surplufage,
after Debts paid, according to Law, &c. Stat. 22
and 23 Car. 2. cap. 10. One of half Blood is in equal
Degree of Kindred with one of the whole Blood,
to take out Letters of Adminiſtration: And Admini-
firators are to make Distribution of Perfonal Effate,
equally between the whole Blood and half Blood.
2 Lev. 173. And where Perfons die Inteftate, their
Eftates
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Eſtates are to be diſtributed, one third Part to the nis Teftatoris, &c. 2 Roll. Rep. 400. Upon Plene
Wife, and the other equally amongst the Children, Adminiftravit pleaded by an Adminiftrator, the Plain-
and their Repreſentatives; If there be no Children, tiff muft prove his Debt, or he fhall recover but a
one Moiety of the Perfonal Eftate, fhall go to the Penny Damages, though there be Affets, becauſe
Wife, and the Refidue equally to the next of Kin: the Plea only admits the Debt, but not the Quan-
If there is no Wife, but Children, it fhall be diftri-tum. 1 Salk 296. Special Bail is not required of
buted among fuch Children; and if there be no Adminiftrators in any Action brought against them
Wife or Children, it fhall go to the next of Kin in for the Debt of the Inteftate; except where they
equal Degree. 22 23 Car. 2. When Children have wasted the Goods of the Deccafed: Nor fhall
fhall die after their Father without Wife or Child, Cofts be had againſt Adminiftrators. 24 Hen. 8. Where
the Mother, and every Brother and Sifter, and an Administrator is Plaintiff, he muft fhew by whom
their Repreſentatives, fhall have equal Share in the Administration was granted; for that only intitles
Estate of fuch Inteftates. Stat. 1 Fac. 2. cap. 17. him to the Action: But if an Administrator is De-
But no Reprefentatives are allowed after Brothers fendant, the Plaintiff need not fet forth by whom
and Sifters Children; and Children advanced by Adminiftration was granted, for it may not be within
the Inteftate in his Life-time, with any Eftate equal his Knowledge; tho' he muft declare that it was
to the other Shares, are excepted; tho' not the granted to the Defendant debita juris forma, which is
Heir at Law, who is to have equal Share in the neceffary to charge him with the A&tion. Sid. 228.
Diftribution, notwithstanding what he hath by De- 1 Lutw. 301. If a Stranger that is not Adminiftra-
fcent. The Stat. 22 & 23 Car. 2. is not to extend tor, take the Goods and Adminifter in his own Wrong,
to the Eftates of Feme Coverts, who die Inteftate; he fhall be charged and fued as an Executor. Terms
but the Husband fhall have Adminiftration as before de Ley 24. And generally an Adminiftrator fhall be
the A&t; and not be compellable to make Diftribu- charged by others, for any Debt or Duty due from
tion of their Eftates. 29 Car. 2. cap. 3. A Pofthu- the Deceafed, as he himself might have been
mous Child fhall have a Share of the Perfonal charged in his Life-time; fo far as he hath any
Eſtate of the Father, on a Diftribution equally with of the Inteftate's Eftate, to diſcharge the fame. Co.
the other Children. Bernardift. 273. And where a Lit. 219. Dyer 14. An Adminiftrator's Power is gi
Perfon dies, leaving a Wife and one Child, the ven by the Administration, therefore he can do nothing
Wife hall have one Third only, and the Child the until that be granted; and yet as to Goods taken
other two Thirds, of the Perfonal Eftate; being away before, the Administration fhall relate fo as to
comprehended under the Word Children. By Pol- give the Adminiftrator an Action for them. Fitzherb.
lexfen 3 Mod. 63. If one die Inteftate, and there is 2 6. If a Man have Judgment for Land in a real
an Uncle, and Uncle's Son, it is held that fuch Son or mix'd Action, and for Damages, and then dies;
of the Deceased, fhall not come in for a Share in his Executor or Administrator, not the Heir, fhall
the Diſtribution with the living Uncle, by the have Execution for the Damages; but not for the
Fitz. Admin. 53. March 9.
Statute. Preced. Canc. 28. Security may be re- Land.
The Power.
quired from thofe to whom Diftribution is made, of an Adminiftrator is almost equal to that of an
to refund to the Administrator in cafe Debts_ap- Exccutor: But if there are many Adminiftrators,
pear afterwards. And Adminiftrators have a Pro- one cannot fell Goods, releafe Debis, &c. without
perty vefted in them of the Goods of the Inteftate, the other, for they muft all join. Noy Max. 106.
immediately upon his Death; and the Poffeffion is The Office of Administrators is the fame with that
caft on them by Law. Godb. 33. They may fue for of Executors, in the Burial of the Deceafed, Pay-
Goods before they have Poffeffion as well as Execument of Funeral Charges, making Inventories of
tors. 8 Rep. 135. An Adminiftrator hath an Intereft his Goods and Chattels, Payment of Debts, &c.
in all the Chattels Real and Perfonal of the De- The Ordinary ought not to repeal Letters of Admi-
ccafed; and in all Goods and Chattels either inniftration which he hath duly granted; but if they
Poffeffion or Action, in like Manner as an Execu-
tor: And all the Goods and Chattels which come
to the Hands of the Adminiftrator, fhall be Affets to
make him chargeable to the Creditors, as Execu
tors are to Creditors and Legatees. 2 Inft. 398. A
Refiduary Legatee is to have the Care and Admini-
ftration of the Eftate, where the Executor of a Will
dies Inteftate, the Refidue of the Eftate being de-
I Vent. 217. A Creditor
viſed to fuch Legatee.
Adminiftrator may retain the Goods of the Inteftate,
to fatisfy his Debt; and if the Goods are taken
away before Adminiftration granted to him, he may
have Trefpafs against the Perfon that took them.
Stile 384. If Adminiftration is granted to an Obli-
gor, this doth not extinguish the Debt; but it fhall
be Affets in his Hands. 8 Rep. 156. Against an Ad-
miniftrator and for him, Action will lie, as for and
against an Executor, and he fhall be charged to
the Value of the Goods, and no further; unless it
be by his own falfe Plea, or by wafting the Goods
of the Inteftate. An Executor or Administrator fhall
never be charged de bonis propriis, but where he doth
fome Wrong; as by felling the Teftator's Goods,
and converting the Money to his own Ufe, con-
cealing or wafting them, or by pleading what is
falle. Dyer 210. 2 Roll. Rep. 295. If an Admini-
ftrator plead Plene Adminiftravit, and 'tis found
against him, the Judgment fhall be de bonis propriis,
becaufe 'tis a falfe Plea, and that upon his own
Knowledge. 2 Cro. 191. Contra where he pleads fuch
a Plea, and that he hath no more than to fatisfy
fuch a Judgment, &c. the Recovery fhall be de bu
are granted to fuch Perfons who ought not by Law
to have them, he may revoke them. I Lill. 38.
For juft Caufe they may be revoked, and where a
Perfon is a Lunatick, &c. And if granted where not
grantable, they may be repealed by the Delegates.
I Lev. 157, 186. If an Adminiftration is granted,
and afterwards a Will is produced and proved, the
Adminiftration fhall be revoked; and all A&ts done
If
by the Adminiftrator, are void. 2 Roll. Abr. 907.
a Citation is granted against a Stranger Adminiftra-
tor, and his Adminiftration is revoked by Sentence,
yet all Acts done by him bona fide as Adminiftrator are
good till the Revocation; the Adminiftration being
only voidable. 6 Rep. 18. S Rep. 135. But if there
is any Fraud, a Creditor may have Relief upon the
Stat. 13 Eliz. cap. 5. And when the first Admini-
ftration is meerly void, as granted by a wrong Per-
fon, &c. it is otherwife: So when there is an Appeal
from the Grant of the Adminiftration, to fufpend
the former Decree. 5 Rep. 35. Administration was
granted to 7. S. and he releafed all Actions, and
after the Administration was revoked, and declared
void; this Relcafe was held good. I Brownl. 51.
If an Adminiftrator gives Goods away, and then Ad-
miniftration is revoked or repealed, 'tis faid the Gift
is good; except it be by Covin, when it ſhall be
void only against a Creditor by Statute: And
where the Administrator after much Goods admi-
niftred, had his Administration revoked, and it was
committed to B. who fued the firſt Adminiſtrator for
Goods unduly adminiftred; it was held, there was
no Remedy but in Chancery. 6 Rep. 1.9. Clayt. 44.
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4 Shef. Abr. 89. See Hob. 266. A Stranger to whom the Sea: But by the Common Law, if a Man be
Adminiftration was granted, during a Suit for Re- killed upon any Arm of the Sea, where the Land
peal, fells the Goods, and afterwards the Admini- is feen on both Sides, the Coroner is to enquire of
ftration is repealed and granted to another; in it, and not the Admiral; for the County may take
Trover for the Goods, the Defendant is not charge- Cognifance of it; and where a County may enquire,
able, but the Sale fhall be good. Moor ca. 494. But the Lord Admiral has no Jurifdiction. 3 Rep. 107.
where the first Administration is void, the Admini- All Ports and Havens are infra Corpus comitatus, and
frator that takes the Goods is a Trefpaffor. 2 Leon. the Admiral hath no Jurifdiction of any Thing done
155. And Letters of Administration obtained by in them: Between high and low Water Mark, the
Fraud, are void. 3 Rep. 37. Where an Infant is Common Law and Admiral have Jurifdi&ion by
intitled to Administration of the Goods of an Inteftate, Turns; one upon the Water, and the other upon
Adminiftration fhall be granted to another Durante the Land. 3 Inft. 113. The Admiral hath Power to
minore atate, 'till he is of the Age of 21 Years: arreft Ships in great Streams, for the Service of
Tho' where an Infant is made Executor, fuch Ad- the King, or Commonwealth, and hath Jurifdi&tion
miniftratic granted during his Minority, ceaſes at in fuch Streams, and during the fame Voyages:
the Infant's Age of 17 Years. 5 Rep. 29. 6 Rep. 27. Every Commander, Officer, and Soldier of Ships
If a Female Infant under 17 Years old is made Ex- of War, fhall obferve the Commands of the Admi-
ecutrix, and fhe afterwards marries with one of ral, &c. on Pain of Death, or other Punishment.
that Age, her Husband fhall have the Execution of 13 Car. 2. cap. 9. The Lord Admiral hath Power to
the Will, and the Adminiftratión ceaſeth. 1 Salk. 39. grant Commiffions to inferior Vice Admirals, &c.
An Adminiftrator durante minori atate cannot fell to call Courts Martial, for the Trial of Offences
Goods of the Deccafed; unlefs ir be of Neceffity against the Articles of War; and thefe Courts
for Payment of Debts, or bona peritura, Goods that determine by Plurality of Voices, &c. Stat Ibid
are perishable; for he hath his Office pro bono & Admiralty Procefs is made out in the Name of the
commodo of the Infant. 5 Rep. 29. Administration cum Admiral, who has under him a Judge of the Admi
Teftamento annexo, is where an Executor refufeth to ralty: And though the Proceedings are according
prove a Teftament, an Administration with the Will to the Civil Law, and the Maritime Laws of
annexed to it is granted to the next of Kin, &c. Rhodes and Oleron, the Sea being without the Com-
And where an Executor dies before Probate of the mon Law; yet by Stat. 28 Hen. 8. Murder, Rob-
Will, Adminiftration is to be granted with the Will bery, &c. at Sea; may be tried by fpecial Commif-
annexed, and the Teftator is looked upon. in Law to fion to the Lord Admiral, &c. according to the
die Inteftare. 1 Inft. 113. If where a Perfon has Laws of England: But fee the Stat. 11 & 12 W. 3.
made a Will, after his Death the Executor proves c. 7. The Admiralty is faid to be no Court of Re-
it, and then dies Inteftate, Adminiftration is to be cord, by Reafon it proceeds by the Civil Law.
granted by the Ordinary of the Goods of the Tefta-4 Inft. 135. But the Admiralty has jurifdi&tion where
tor unadminiftred, to fome other Perfon; which is the Common Law can give no Remedy; and all
called an Adminiftration de bonis non, &c. (viz.) Non Maritime Caufes, or Caufes arifing wholly upon
Adminiftratis. 2 Roll. Abr. 907. And an Adminiftra-
And an Adminiftra- the Sea, it hath Cognifance of. 6 Rep. The Admi
tor de bonis non, may fue out a Sire facias on a Judg- ralty hath Jurifdiction in Cafes of Freight, Mari-
ment after a Verdi& recovered by an Executor, &c.ners Wages, Breach of Charter-Parties, though
Stat. 17 Car. 2. Befides all thefe Adminiftrations, made within the Realm; if the Penalty be not de-
there is Adminiftration duxante abfentia extra Regnum, manded: And likewife in Cafe of Building, Mend.
where a Perfon is abfent abroad; and Adminiftrationing, Saving, and Victualling Ships, &c. fo as the
pendente lite, which may be granted by the Ordinary
as well as Durante minori alate.
Administratrix, (Lat) She that hath Goods and
Chartels of an Inteftate committed to her Charge,
as an Adminiftrator.
Admiral, Admiralius, Admirallus, Admiralis, Ca-
pitaneus or Cuftos Maris) and derived of the French
Amerel, fignifies an high Officer or Magiftrate, that
hath the Government of the King's Navy, and the
Determining of all Caufes belonging to the Sea.
This Word is alfo faid to have its Derivation from
the Saxon Aen Mereal, over all the Sea: And in
ancient Time the Office of the Admiralty was called
Cuftodia Maritime Anglie. Co. Lit. 260. It appears
that anciently the Admirals of England. had Jurif
diction of all Caufes of Merchants and Mariners,
happening not only upon the main Sea, but in all
Foreign Parts within the King's Dominions, and
without them, and were to judge them in a fum-
mary Way, according to the Laws of Oleron and
other Sea Laws. 4 Inft. 75. In the Time of K. Ed. 1.
and K. John, all Caufes of Merchants and Mariners,
and Things arifing upon the main Sea, were tried
before the Lord Admiral: But the first Title of
Admiral of England. exprefly conferred upon a Sub-
ject, was given by Patent of K. Rich. 2. to the Earl
of Arundel and Surrey. Of late Times this high Of-
fice has been generally executed by Commiffioners;
who by Statute are impowered to use and execute
the like Authorities as Lord Admiral. 2 W. & M.
cap. 2. In the Reign of Ed. 3. the Court of Admi-
ralty was established, and Rich. 2. limited its Jurif
diction. The Admiralty hath Cognifance of the Death
or Maim of a Man, committed in any Ship riding
in great Rivers, beneath the Bridges thereof, next
Suit be against the Ship, and not only againſt the
Parties. 2 Cro 216. Mariners Wages are contract-
ed on the Credit of the Ship, and they may all
join in Suits in the Admiralty; whereas at Common
Law they must all fever: The Mafter of a Ship
contracts on the Credit of the Owners, and not of
the Ship; and therefore he cannot profecute in the
Admiralty for his Wages. 1 Salk. 33. It is allowed.
by the Common Lawyers and Civilians, that the
Lord Admiral hath Cognifance of Seamens Wages,
and Contracts, and Debts for making Ships; alfo
of Things done in navigable Rivers, concerning
Damage done to Perfons, Ships, Goods, Annoyances
of free Paffage, &c. And of Contracts, and other
Things done beyond Sea, relating to Navigation
and Trade by Sea. Wood. Inft. S18 But if a Con-
tract be made beyond Sea, for doing of an A&t or
Payment of Money within this Kingdom; or the
Contra&t is upon the Sea, and not for a Marine
Caufe, it fhall be tried by Jury; for where Part
belongs to the Common Law, and Part to the
Admiral, the Common Law fhall be preferred. And
Contracts made beyond Sea, may be tried in B. R.
and a Fact be laid to be done in any Place in Eng-
land, and ſo tried here. 2 Bulft. 322. Where a Con
tract is made in England, and there is a Converfion
beyond Sea, the Party may fue in the Admiralty,
or at Common Law. 4 Leon. 257. So where a Bond
is made and delivered in France: An Obligation
made at Sea, it has been held cannot be fued in the
Admiral's Court; because it takes its Courſe, and
binds according to the Common Law. Hob. 11. The
Court of Admiralty cannot hold Plea of a Matter
arifing from a Contract made upon the Land, tho'
the Contract was concerning Things belonging to
the
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tutes 13 15 R. 2. he may have a Superſedeas, to
caufe the Judge to ſtay the Proceedings, and alſo
have Action against the Party fuing. 10 Rep. 75.
A Ship being privately arrefted by Admiralty Procels
only, and no Suit, it was adjudged a Profecution
within the Meaning of the Statutes; and double
Damages, &c. fhall be recovered: 1 Salk. 31, 32.
And if an erroneous Judgment is given in the Ad-
miralty, Appeal may be had to Delegates appointed
by Commiffion out of Chancery, whofe Sentence
fhall be final. Stat. 8 Eliz. cap. 5. Appeals may be
brought from the inferior Admiralty Courts, to the
Lord High Admiral: But the Lord Warden of the
Cinque-Ports, hath Jurifdi&tion of Admiralty exempt.
from the Admiralty of England.
the Ship But the Admiralty may hold Plea for
the Seamens Wages, &c. because they become due
for Labour done on the Sea; and the Contract made
upon Land, is only to afcertain them. 3 Lev 60.
Though where there is a ſpecial Agreement in Wri-
ting, by which Seamen are to receive their Wages,
in any other Manner than ufual; or if the Agree-
ment at Land be under Seal, fo as to be more than
a parol Contract, it is otherwife: 1 Salk. 31. See
Hob. 19. If the Mafter and Mariners of a Ship,
fitted out with Letters of Reprifal, without the
Notice or Affent of the Owners commit Piracy, the
Owners fhall lofe their Ship by the Admiral Law.
1 Roll. Abr. 530. And if the Mafter pawns the Ship
on the High Sea out of Neceffity for Tackling or
Provifion, without the Confent of the Owners, it omillion, (Admiffio) Is when a Patron of a Church
fhall bind them; but 'tis otherwife where the Ship having prefented to ir, the Bishop upon Examina-
is pawned for the Maſter's Debt: The Mafter cantion admits the Clerk, by ſaying admitto te habilem.
have no Credit abroad, but upon the Security of It is properly the Ordinary's Declaration that he
the Veffel; and the Admiralty gives Remedy in approves of the Prefentee, to ferve the Cure of
thefe Cafes. 1 Salk. 35. Sale of Goods taken by the Church to which he is prefented. Co. Litt. 344.
Piracy in open Market, is not binding by the 1d All Perions are to have Epiſcopal Ordination be-
miral Law, fo that the Owner may retake them; fore they are admitted to any Parfonage or Bene-
but at Common Law the Sale is binding, of which fice; and if any fhall prefume to be admitted, not
the Admiralty must take Notice. 1 Roll. Abr. If having fuch Ordination, &c. he fhall forfeit 100 l.
Goods delivered on Shipboard are imbezilled, all Stat. 14 Car. 2. No Perfon is to be admitted into a
the Mariners ought to contribute to the Satisfaction Benefice with Cure of 301. per Ann. in the King's
of the Party that loft his Goods, by the Maritime Books, unlefs he is a Bachelor in Divinity at leaſt,
Law, and the Caufe is to be tried in the Admiralty or a Preacher lawfully allowed by fome Bifhop,
I Lill. 368. By the Cuſtom of the Admiralty, &c. Action of the Cafe will not lie against the
Goods may be attached in the Hands of a third Per- Bishop, if he refufe to admit a Clerk to be qua-
fon, in Caufa Maritima & Civili, and they fhall be lified according to the Canons, (as for any Crime
delivered to the Plaintiff after Defaults, on Caution or Impediment, Illiterature, &c.) but the Remedy
to ratore them, if the Debt, &c. be difproved in is by Writ Quare non admifit, or Admittendum cleri-
a Year and Day; and if the Party refufe to deliver cum brought in that County where the Refufal was.
them, he may be imprifoned quoufque, &c. March 7 Rep. 3.
Rep. 204. The Court of Admiralty, may caufe a
Party to enter into Bond in Nature of Caution or
Stipulation, like Bail at Common Law; and if he
render his Body, the Sureties are difcharg'd; and
Execution fhall be of the Goods, or the Body, &c.
not of Lands. Godb. 260. 1 Shep. Abr. 129. See
I Salk. 33.
A Perſon in Execution, on Judgment
in the Admiral's Court, upon a Contract made on
the Land in New England was diſcharged, being our
of the Admiralty Jurifdiction. 3 Cro. 603. I Cro. 685.
And where Sailors Cloaths were bought in St. Kathe
rine's Parish, near the Tower London, which were
delivered in the Ship; on a Suit in the Admiralty
for the Money, Probibition was granted; for this
was within the County: So of a Ship lying at Black
wall, &c. Owen 122. Hughes Abr. 113. But the
Admiralty may proceed againſt a Ship, and the Sails
and Tackle, when they are on Shore, altho' alledg-
ed to be detained at Land: Yet upon alledging Of
fer of a Ples, claiming Property therein, and Re-
fufal of the Plea, on this Suggeftion a Prohibition
fhall be had. 1 Show. 179. The Admiralty Court
may award Execution upon Land; tho' not hold Plea
of any Thing arifing on Land. 4 Inft. 141. And up-fizes on the Circuits.
on Letters Miflive or Requeft, the Admiralty here
may award Execution on a Judgment given beyond
Sca, where an Englishman flies or comes over hither,
by Imprisonment of the Party, who fhall not be de- Ad quod Damnum, Is a Writ which ought to be
livered by the Common Law. 1 Roll. Abr. 530. iffued before the King grauts certain Liberties, as
When Sentence is given in a Foreign Admiralty, a Fair, Market, &c. which may be prejudicial to
the Party may libel for Execution of that Sentence others: It is directed to the Sheriff to inquire what
here; because all Courts of Admiralty in Europe are Damage it may do, for the King to grant a Mar-
governed by the Civil Law. Sid. 418. Sentences of ket, Fair, &c. Terms de Ley 25. This Writ is like-
any Admiralty in another Kingdom are to be credi- wife ufed to inquire of Lands given in Mortmain to
ted, that ours may be credited there, and fhall not any House of Religion, &c. And it is a Damage
be examined at Law here: But the King may be to the Country, that a Freeholder who hath ſuffi-
petitioned, who may cause the Complaint to be excient Lands to pass upon Affifes and Jury, fhould
amined; and if he finds juft Caufe, may fend to his alien his Lands in Mortmain, by which Alienation
Embaſſador where the Sentence was given, to de- | his Heir fhould not have fufficient Eftate after the
mand Redreſs, and upon Failure thereof, will grant
Letters of Marque and Reprifal. Raym. 473. If
one be fued in the Admiralty, contrary to the Sta-
Admittendo Clerico, A Writ where a Man has
recovered his Right of Preſentation againſt the Bi-
fhop. Reg. Orig. 33. If a Man do recover his Pre-
fentation in the Common Pleas against the Bishop,
then he may have a Writ to the fame Bishop to
admit his Clerk, or unto the Metropolitan: A Per-
fon recovers an Advowfon, and fix Months paſs ;
yet if the Church be void, the Patron may have a
Writ to the Bishop; and if the Church is void
when the Writ comes to the Bishop, the Biſhop is
bound to admit his Clerk. 7 H S. 14 H. 4. Where
a Man recovers againſt another than the Biſhop,
this Writ fhall go to the Bishop; and the Party
may have an Alias and a Pluries, if the Bifhop do
not execute the Writ, and an Attachment against the
Bishop, if need be. New Nat. Br. S4. In a Quare
Impedit betwixt two Strangers, if there appears to
the Court a Title for the King, they fhall award a
Writ unto the Bishop, for the King.
Admittendo in focium, A Writ for affociating
certain Perfons to Juftices of Affize. Reg. Orig, 206.
Knights and other Gentlemen of the County, are
ufually affociated with Judges in holding their Af
Bonichiled, From the Latin Nihil, written of old
Nichil, and fignifies annulled, cancelled, or made
void. Stat. 28 Hen. S.
Death of the Father to be sworn in Affifes and Ju-
ries. F. N. B. 121. The Writ Ad quod Damnum is
alſo had for the Turning and Changing of antient
Highways;
A D
A D
!
Highways; which may not be done without the the Epiphany, the Solemnizing of Marriages is fors
King's Licence obtained by this Writ, on Inquifi-bidden, without fpecial Licence, as we may find
tion found that fuch Change will not be detrimen- from thefe old Verſes,
Conjugium Adventus prohibet, Hilariquc relaxat;
Septuagena vetat, fed Pafchæ O&tava reducit;
Rogatio vetitat, concedit Trina poteftas.
Ad ventrem Jufpiciendum, A Writ mentioned in
the Statute 12 Ed. 2. See Ventre Infpiciendo, by which
a Woman is to be fearched, whether the be with
Child by a former Husband, on her with holding
Lands from the Heir.
Adventure, A Thing fent to Sea, the Adventure
whereof the Perfon fending it, ftands to Out and
Home. Lex. Mercat. Vide Aventure.
tal to the Publick. Vaugh. Rep. 341. Ways turned
without this Authority, are not efteemed Highways
fo as to oblige the Inhabitants of the Hundred to
make Amends for Robberies; nor have the Sub-
jects an Intereft therein to justify going there. 3 Cro.
267. If any one change an Highway without this
Authority, he may ftop the Way at his Pleafure.
But fee the Statute 8 & 9 W. 3 c. 16. for enlarging
of Highways by Order of Juftices of Peace,
Where any common Highway fhall be encloſed af
ter a Writ of Ad quod damnum executed, any Per-
fon aggrieved by fuch Incloſure, may complain to
the Juftices at the next Quarter-Seffions; but if no Adultery, (Adulterium, quafi ad alterius thorum)
fuch Complaint or Appeal be made, then the In-Anno 1 Hen. 7. cap. 4. and in divers old Authors
quifition and Return, recorded by the Clerk of the termed Advowtry, is the Sin of Incontinence be-
Peace, ſhall be for ever binding. 8 & 9 W. 3. It tween two married Perfons; and if but one of the
appears by the Writs in the Regifter, that in an- Perfons be married, it is nevertheless Adultery :
tient Times, upon every Grant, Confirmation, &c. But in this laft Cafe, it is called fingle Adultery,
or Licence made by the King, first a Writ of Ad to diftinguish it from the other, which is double.
quod Damnum was to be awarded, to inquire of the This Crime is feverely punished by the Laws of
Truth thereof, and what Damage the King might | God, and the antient Laws of the Land: The Ju
have by the fame: But now the Practice is contra-lian Law, among the old Romans, made it Death;
ry; and in the Patents of common Grants of Li-
cence, are put in the End theſe Words. Et hoc
abfque aliquo Brevi de Ad quod Damnum, feu aliqui-
bus aliis brevibus five inquifitionibus aut mandatis fuper
inde habend. fiend. aut profequend. &c.
G
A Writ of Ad quod Damnum.
~
but in moft Countries at this Time, the Puniſh-
ment is by Fine, and fometimes Baniſhment: In
England it is punished by Fine, Penance, &c.
King Edmund a Saxon, Leg. fuar cap. 4. Adulte-
rium affici juffit inftar Homicidii. And Canutus the
Dane, Hominem Adulterum in exilium relegari juffit,
fœminam nafum & aures præcidi. Leg. par. 2. c. 6. and
cap. 50. Leg. Hen. 1. cap. 12. Rex, &c. Vic.
EORGE the Second, &c. To the Sheriff of the South'ton, Præcipimus tibi quod diligenter inquiri fa-
County of W. Greeting: We command you, that cias per legales homines de Vifn. Candeur. fi Robertus
by the Oath of honest and lawful Men of your Bailiwick, Pincerna habens fufpectum Will. Wake qui cum uxore
or of your County, by whom the Truth of the Matter may fua Adulterium committeret, prohibuit ei ingreſſum do-
be better known, diligently you inquire, whether it will be mus fua, & fi idem Will. poft prohibitionem illam do-
to the Damage or Prejudice of us, or others, if we grant mus ipfius Roberti ingreffus Adulterium pradictum com-
to C. D. one Fair at, &c. And if it will be to the Da-mifit, inde præfatus Robertus_mentula eum privavit,
mage or Prejudice of us or others, then to what Damage fi inquifitio dederit, quod ita fit, tunc eidem Roberto
and what Prejudice of us, and to what Damage and & fuis qui cum eo erant ad hoc faciend. terr. & Catalla
Prejudice of others, and of whom, and in what Manner, fua occafione illa in manum noftram feifita, in pace effe
and how, and where, &c. And the Inquifition there facias, donec aliud inde tibi præcipimus, &c. Clauf. 14.
upon, diftinctly and openly made, to us in our Chancery,
under your Seal, and the Seals of those by whom it was
made, do you fend without Delay, and this Writ.
nefs, &c.
4
Joh. m. 2. Perhaps this might be in fome Meaſure
agreeable to a Law made by William the Conque-
Wit-ror, that whoever forced a Woman ſhould loſe his
Genitals, the offending Parts. Before the Statute
22 Car. 2. which makes malicious maiming Felo-
Adie&tate, Addreſſare, i. e. ad rectum ire, recto Stare, ny, it was a Queftion, whether cutting off the pri-
To do right, fatisfy or make Amends. Gerv. Dorovy Members of a Man, taken in Adultery with an-
bern. Anno 1170.
other Man's Wife, was Felony or not? For accord-
AD termínum qui peteriit, A Writ of Entry, ing to Bracton, fequitur pœna aliquando Capitalis : But
that lies for the Leffor and his Heirs, where a Leafe Anno 13 H. 3. one John a Monk being taken by Henry
has been made of Lands or Tenements for Term Hull, in the A&t with his Wife, he cut off the privy
of Life, or Years; and after the Term is expired, Members of the Monk, and was only indicted for
the Lands are with-held from the Leffor by the a Maihem. 3 Inft. 118. If a Wife elope from her
Tenant, or other Perfon that poffeffeth the fame: Husband, and live with the Adulterer, (without be-
And it likewife lies for the Heir of the Leffor. ing reconciled to the Husband) fhe hall forfeit
F. N. B. 201.
her Dower. I Inft. 36. 2 Inft. 435. And there is a
Advent, (Adventus) A Time containing about a notable Cafe concerning Margaret the Wife of John
Month preceding the Feaft of the Nativity of our de Camois, who with her Husband's Confent lived in
Saviour Chrift. It begins from the Sunday that falls Adultery with Sir William Pannel, yet loft her Dow-
either upon St. Andrew's Day, being the 30th of No-er. 2 Inft. Adultery being a Thing Temporal, as
vember, or next to it, and continues to the Feaft of well as Spiritual, is against the Peace, &c.
Chrift's Nativity commonly called Christmas. Our Advocate, Is the Patron of a Caufe, affifting his
Anceſtors fhewed great Reverence and Devotion to
this Time, in Regard to the Approach of the fo-
lemn Feſtival For in adventu Domini nulla affifa de-
bet capi. Int. placita de temp. Regis Fohan. Ebor. 126.
But the Statute Weft. 1. cap. 48. ordained that not-
withstanding the ufual Solemnity and Times of
Reft, it fhould be lawful (in Refpe&t of Juftice
and Charity, which ought at all Times to be re-
garded) to take Affifes of Novel Diffeifin, Mort
d'Ancestor, &c. in the Time of Advent, Septuagefima,
and Lent. This is alfo one of the Seafons, from the
Beginning of which to the End of the Octaves of
2
Client with Advice, and who pleads for him: It is
the fame by the Civil and Ecclefiaftical Laws, as a
Counsellor by the Common Law. The Ecclefia-
ftical or Church Advocate, was originally of two
Sorts; either an Advocate of the Caufes and In-
tereft of the Church, retained as a Counſellor and
Pleader of its Rights; or an Advocate, or Patron of
the Prefentation and Advowfon. Both theſe Offices
at firft belonged to the Founders of Churches and
Convents, and their Heirs, who were bound to pro-
te&t and defend their Churches, as well as to nomi-
nate or prefent to them. As Ailwin Founder of
Ramfey
A D
AF
Ramfey Abbey, Proruit in medium, fe Ramefienfis Ec-
clefiæ Advocatum, fe poffeffionum ejus tutorem allegans.
Lib. Ramef. Sect. 49. But when the Patrons grew
negligent in their Duty, or were not of Ability or
Intereft in the Courts of Juftice, then the Religious
began to retain Law Advocates, to folicit and pro-
fecute their Caufes. Vid. Spelman.
vowson of the Church have been divided; and now
not only Lords of Manors, but mean Perfons have,
by Purchaſe, the Dignity of Patrons of Churches,
to the great Prejudice thereof. By the Common
Law the Right of Patronage is a real Right fixed
in the Patrons or Founders, and their Heirs, where-
in they have as abfolute a Property as any other
Advocatí, Were thofe which we now call Pa-Man hath in his Lands and Tenements: For Advow-
trons of Churches, and referved to them, and their fons are a Temporal Inheritance, and Lay Fee;
Heirs, a Liberty to prefent a Perfon on any A-they may be granted by Deed or Will, and are Af-
voidance. Blount.
Advocatione Decimarum, A. Writ that lies for
Tithes, demanding the fourth Part, or upwards,
that belong to any Church. Reg. Orig..29.
Adbow, (Advocare) To justify or maintain an A&t
formerly done. For Example: One takes a Diftrefs
for Rent, and he that is diftrained fues a Replevin;
now the Diftrainer, juftifying or maintaining the
Act, is faid to Advow or Avow: And hence comes
Advowant and Advowry. Old Nat. Br. 43. The Sig-
nification of this Word is alfo to bring forth any
Thing: Anciently when ſtolen Goods were bought
by one, and fold to another, it was lawful for the
right Owner to take them where-ever they were
found; and he in whofe Poffeffion they were found,
was bound advocare, i. e. to produce the Seller to
juſtify the Sale; and fo on till they found the Thief.
Afterwards the Word was taken for any Thing
which a Man acknowledged to be his own, or done
by him, and in this Senfe it is mentioned in Fleta,
lib. 1. cap. 5. par. 4. Si vir ipfum in domo fua fufcepe-
rit, nutrierit & advocaverit filium fuum.
fets in the Hands of Heirs or Executors. i Inft. 119.
A Recovery may be fuffered of an Advowson; a Wife
may be endowed of it; a Husband Tenant by the
Curtefy; and it may be forfeited by Treafon or Fe-
lony. i Rep. 56. 10 Rep. 55. If an Advowfon defcends
to Coparceners, and the Church after the Death of
their Anceſtors becomes void; the eldest Sifter fhall
first prefent. Stat. 21 Ed. 3. And, when Copar-
ceners, Jointenants, &c. are feifed of an Advowson,
and Partition is made to prefent by Turns, each
fhall be feifed of their ſeparate Estate. 7 Ann. An
Infant may prefent to a Church; and where an Ad-
vowfon belongs to a Feme Covert, the Prefentation
must be by Husband and Wife. 1 Inft. 135.
fons feized of Advowſons being Papifts, are difabled
to make Prefentations, and the Chancellors of the
Univerfities fhall prefent. 1.W. & M. cap. 26. And
Prefentations to Advowfons, &c. for Money or other
Reward, fhall be void, &c. Stat. 31 Eliz. c. 6. Vid.
Prefentation, Simony, &c.
-
Per-
Advowson of the Moiety of the Church, (Advo-
catio medietatis Ecclefia) Is where there are two feve-
dbowee, Or Avowee, (Advocatus) is uſed for him ral Patrons, and two feveral Incumbents in one and
that hath Right to prefent to a Benefice: And by the fame Church, the one of the one Moiety, the
25 Ed. 3. Stat. 5. we find Advowee Paramount is ta- other of the other Moiety thereof. Co. Litt. Medietas
ken for the King, the higheſt Patron-Advoca- Advocationis, a Moiety of the Advowson, is where
tus eft ad quem pertinet jus Advocationis alicujus Eccle- two muft join in the Preſentation, and there is but
fie, ut ad Ecclefiam, nomine proprio non alieno, poffit pre-one Incumbent; as where there are two Parceners;
fentare. Fleta lib. 5. c. 14.
And though they agree to prefent by Turns, yet
each of them hath but the Moiety of the Church.
I Inft. 17. But Vide Stat: 7 Annx.
+
Werie, (Aeria accipitrum) Airy of Gofhawks, is
the proper Term for Hawks, for that which of other
Birds we call a Neft. Stat. 9 H. 3. cap. 12. And it
is generally faid to come from the French Word
Aire, a Hawk's Neft. The Liberty of keeping
thefe Aeries of Hawks was a Privilege, granted to
great Perfons: And the preſerving the Aeries in the
King's Forefts was one Sort of Tenure of Lands by
Service. Anno 20 Ed. 1. Simon de Raghton & aľ Té-
nent terras in Raghton, &c. per Serjantiam cuftodiendi
Aerias Aufturcorum Domini Regis.
Advowson, (Advocatio) Significs the Right of
Preſentation to a Church or Benefice: And he who
hath this Right to preſent is ftiled Patron; becauſe Advowlon of Religious Houfes, Where any Per-
they that originally obtained the Right of Prefen-fons founded any House of Religion, they had thereby
tation to any Church, were Maintainers of, or Be-the Advowson or Patronage thereof, like unto thofe
nefactors to the fame Church. When the Chriftian who built and endowed Parish Churches. And
Religion was firſt eſtabliſhed in England, Kings be- fometimes thefe Patrons had the fole Nomination
gan to build Cathedral Churches, and to make Bi- of the Abbot, or Prior, &c. either by Inveftiture or
ſhops; and afterwards, in Imitation of them, feve- Delivery of a Paftoral Staff: Or by direct Prefen-
ral Lords of Manors founded particular Churches tation to the Dioceſan; or if a free Election were
on fome Part of their own Lands, and endowed left to the Religious, a Conge d'Eflive, or Licence for
them with Glebe, referving to themfelves and their Election, was firft to be obtained of the Patron, and
Heirs, a Right to prefent a fit Perfon to the Bi- the Elect confirmed by him. Kennet's Paroch. Antiq.
ſhop, when the fame fhould become void: And this 147, 163.
is called an Advowson, and he that hath this Right
of Preſentation is termed the Patron, it being pre-
fumed that he who founded the Church, will Avow
and take it into his Protection, and be a Patron to
defend it in its juſt Rights. 1 Nelf. Abr. 184. Advow
fons are of two Kinds; Appendant, and in Grofs:
Appendant, is a Right of Preſentation dependant
upon a Manor, Lands, &c. and paffes in a Grant
of the Manor as incident to the fame; and when
Manors were firft created, and Lands fet apart to
build a Church on fome Part thereof, the Advowson
or Right to prefent to that Church became appen-
dant to the Manor. Advowfon in Grofs, is a Right
fubfifting by itſelf, belonging to a Perfon, and not
a Manor, Lands, &c. So that when an Advowfon ap-
pendant is fevered by Deed or Grant from the cor-
poreal Inheritance to which it was appendant, then Atate Probanda, A Writ that lay to inquire,
it becomes an Advowson in Grofs. 1 Inft. 121, 122. Whether the King's Tenant holding in chief by
Alfo Advowsons are either Preſentative, Collative, Chivalry, were of full Age to receive his Lands into
or Donative. Advowsons were formerly moſt of them his own Hands. It was directed to the Efcheator of
appendant to Manors, and the Patrons Parochial the County; but is now difuſed, fince Wards and
Barons; the Lordship of the Manor, and Patronage Liveries are taken away by the Statute. Reg. Orig.
of the Church were feldom in different Hands till 294.
Advowsons were given to religious Houfes; but of Affcerers, (Afferatores) From the Fr. Affier, to af-
late Times the Lordſhip of the Manor, and the Ad-firm. They are thofe that in Courts-Leer upon
•
Eftimatio Capitis, (Pretium Hominis) King Athel-
ftane ordained that Fines fhould be paid for Offences
committed against feveral Perfons according to their
Degrees and Quality, by Eftimation of their Heads.
Creff. Ch. Hift. 834. Leg. Hen. I.
G
L
Oath.
=
{
+
\.
A F
Oath fettle and moderate, the Fines and Amerce
ments impoſed on fuch Perfons as have committed
Faults arbitrarily punishable, viz. that have no ex-
prefs Penalty appointed by Statute: And they are
alfo appointed for moderating Amercements in
Courts Baron. The Perfons nominated to this Of
fice, affirm upon their Oaths what Penalty they
think in Confcience ought to be inflicted on the Of-
fenders. This Word is ufed Stat. 25 Ed. 3. c. 7.
Where Mention is made, that the Juftices before
their Rifing in every Seffions, fhall caufe the A-
merciaments to be affeered. And this feems to be
agreeable to Magna Charta, by which it is ordained,
that Perfons are to be amerced after the Manner of
the Fault; and the Amerciaments fhall be affefſed
by the Oath of honeft and lawful Men of the Vici-
nagc. 9 Hen. 3. cap. 14.
Yo
The Oath of Affeerers.
OU ſhall well and truly affeer and affirm the feve-
ral Amercements here made, and now to you read
over; you shall spare no one out of Love, Fear, or Affection,
nor raife or inhance any out of Hatred or Malice, but im-
partially shall do your Duties herein.
So help you God.
A
affiance, The Plighting of Troth between a Man
and a Woman, upon Agreement of Marriage: It is
derived from the Latin Word Affidare, and fignifics
as much as fidem ad alium dare. Lit. Sect. 39.
Affidare, To plight one's Faith, or give, or
fwear Fealty, i, e. Fidelity, MS. Dom. de Faren-
don 22.
Affidatio Domínozum, An Oath taken by the
Lords in Parliament, Anno 3 H. 6. Rot. Parl.
Affidatus, Signifies a Tenant by Fealty, alfo a
Retainer-Affidatio
Affidatio accipitur pro mutua fidelitatis
connexione, tam in fponfaliis, quam inter Dominum &
vafallum
Proles de Affidara & non maritata, non
eft Hares. M. S. Arth. Trevor Ar.
Affidarí, Seu Affidiari ad Arma, To be muftered
and inrolled for Soldiers upon an Oath of Fidelity.
Dom. de Farendon, MS. 55.
·
A F
that Reafon the Party cannot be convicted of Per-
jury upon them); but if there is ſuch a Cauſe in
Court, and Affidavits taken concerning fome colla-
teral Matter, they may be read. 2 Salk. 461. There
being one Affidavit against another relating to a
Judgment, the Matter was referred to a Trial at
Law upon a feigned Iffue, to fatisfy the Confcience
of the Court as to the Fact alledged. Comberb. 399.
No dilatory Plea fhall be received in any Court, un-
lefs the Truth thereof be made out by Affidavit; or
fome probable Matter be fhewn to believe the Fact.
Stat. 4 & 5 Ann. Affidavits are ufually for certify-
ing the Service of Procefs, or other Matters touch-
ing the Proceedings in a Cauſe.
E.
E.
An Affidavit of ferving a Subpoena in Chancery.
In Canc. Between A. B. Plaintiff, C. D. Defendant.
F. of, &c. Gent. makes Oath, That he this De-
ponent did on, &c. laft, ferve the Defendant C. D.
with a Writ of Subpoena out of this Honourable Court, by
delivering the faid Writ under Seal to the faid C. D.
whereby the faid C. D. was directed to appear in the faid
Court on the Morrow of the Holy Trinity then next, at the
Suit of A. B. Complainant.
Sworn the Day, &c. Before, &c.
Affinage, (Fr. Affinage) Refining of Metal, Pur-
gatio metalli; inde, fine and refine.
Affirm, (Affirmare) Signifies to ratify or confirm
a former Law or Judgment: So is the Subftantive
Affirmance ufed, Anno 8 H. 6. c. 12. And the Verb
it felf by Weft. Part 2. Symbol. Tit. Fines, Sect. 152.
19 H. 7. cap. 20..
Affirmation, An Indulgence allowed by Law to
the People called Quakers, who in Cafes where an
Oath is required from others, may make a folemn
Affirmation that what they fay is true; and if they
make a falfe Affirmation, they are fubject to the Pe-
nalties of Perjury: But this relates only to Oaths
to the Government, and on publick Occafions; for
Quakers may not give Teftimony in any Criminal
Caufe, &c. Stat. 78 W. 3. c. 34. See Qua-
kers.
Affozare, To fet a Value or Price on a Thing. Et
quod Amerciament. predictor. tenentium afforentur &
taxentur per Sacramentum parium. Charta Anno 1316.
apud Thorn. Du Cange.
Affogatus, Appraiſed or valued, as Things ven-
Retinuit Rex potefta-
tem pardonandi ei omnimoda Amerciamenta tam Afforata,
quam non Afforata, tam de fe quam de omnibus homini-
bus. Cartular. Glaston. MŠ. f. 58.
Affozciament, (Afforciamentum) A Fortrefs, ftrong
Hold, or other Fortification-Pro reparatione mu-
rorum & aliorum Afforciamentorum dicte Civitatis,
&c. Pryn. Animad. on Coke, fol. 184.
Affociare, To add, increafe, or make ftronger
dabit, Signifies in Law an Oath in Writing;
as to make Affidavit of a Thing, is to teftify it upon
Oath. An Affidavit generally fpeaking is an Oath in
Writing, fworn before fome Perfon who hath Au-
thority to take fuch Oath: And the true Place of
Habitation, and true Addition of every Perfon who
fhall make an Affidavit, is to be inferted into his Af-dible in a Fair or Market
fidavit. Lill. Abr. 44, 46. Affidavits ought to let
forth the Matter of Fact only, which the Party in-
tends to prove by his Affidavit; and not to declare
the Merits of the Caufe, of which the Court is to
judge. 21 Car. 1. B. R. The Plaintiff or Defendant
may make Affidavit in a Caufe depending; but it
will not be admitted in Evidence at the Trial, only
upon Motions. 1 Lill. 44. When an Affidavit hath
been read in Court, it ought to be filed, that the
other Party may fee it, and take a Copy of it. Pafch.
1655. An Affidavit taken before a Mafter in Chan-
cery, will not be of any Force in the Court of
King's Bench, or other Courts, nor ought to be
read there; for it ought to be made before one of
Affozett, (Afforeftare) To turn Ground into a Fo-
the Judges of the Court wherein the Caufe is de-reft. Chart. de Forest. c. 1. When Foreft Ground is
pending. Style's Rep. 455. But by Stat. 29 Car. 2. turned from Foreft to other Ufes, it is called Dif-
C. 5. The Judges of the Courts at Westminster by afforested. Vide Forcft.
Commiffion may impower Perfons in the feveral Affray, Is derived from the Fr. Word Effrayer, to
Countics of England to take Affidavits concerning affright, and it formerly meant no more; as where
Matters depending in their feveral Courts, as Ma- Perfons appeared with Armour or Weapons not u-
fters in Chancery extraordinary uſed to do. Where fually worn, to the Terror of others. Stat. 2 Ed. 3.
Affidavits are taken by Commiffioners in the Coun-c. 3. But now it fignifies a Skirmish or Fighting
try, according to the Statute 29 Car. 2. and 'tis between two or more, and there muſt be a Stroke
expreffed to be in a Caufe depending between two given, or offered, or a Weapon drawn, otherwife.
certain Perfons, and there is no fuch depending, it is not an Affray. 3 Inft. 158. It is inquirable in
thofe Affidavits cannot be read, becaufe the Commif- the Court-Leet; and punishable by Juftices of Peace
fioners have no Authority to take them; (and for in their Seffions, by Fine and Imprisonment. And
Cum Furatores in veritate dicenda funt fibi con-
trarii de confilio Curia Afforcietur affifa ita quod appo-
nantur alii juxta numerum majoris partis qua diffenferit.
Bract. lib. 4. c. 19. viz. Let the Witneffes be in-
creafed.
1
¡
4
it
A G
A G
it differs from Affault, in that it is a Wrong to the Age, (tas, Fr. Aage) In common Acceptation
Publick; whereas Affault is of a private Nature, fignifies a Man's Life from his Birth to any certain.
Lamb. lib. 2. A Juſtice of Peace may commit Af- Time, or the Day of his Death: It also hath Re-
frayers, until they find Sureties of the Peace: A lation to that Part of Time wherein Men livé. But
Constable may require Affrayers to depart, and if in the Law it is particularly used for thofe fpecial
they refift, he may call others to his Affiftance; Times which enable Perfons of both Sexes to do
who, if thoſe refufe to affift him, may be fined and certain A&ts, which before through Want of Years
impriſoned: And a private Perfon, or Stander-by, and Judgment they are prohibited to do. As for
may put a stop to an Affray, and feize the Offen- Example; a Man at twelve Years of Age ought to
ders, where Perfons are affembled in a tumultuous take the Oath of Allegiance to the King: At Four-
Manner to break the Peace. 3 Inft. 158. H. P. C. 135. teen, which is his Age of Difcretion, he may con-
In Cafe a Perfon be dangerously wounded, any Man fent to Marriage, and chufe his Guardian; and at
may apprehend the Offender, and carry him before Twenty-one he may alien his Lands, Goods and
a Juftice, in the fame Manner as a Conftable. Dalt. Chattels: A Woman at nine Years of Age is dow-
35. In a very dangerous Affray, a Conftable can able; at Twelve the may confent to Marriage; at
juftify Commitment, 'till the Offenders find Sure-Fourteen fhe is at Years of Difcretion, and may
ties for the Peace. Lamb. 139. He may likewife put chufe a Guardian; and at Twenty-one fhe may alie-
the Affrayers in the Stocks till he can procure pro-nate her Lands, &c. 1 Inft. 78. There are feveral
per Affiftance to convey them to Gaol. Dalt. 38. other Ages mentioned in our antient Books, relating
But in Cafes of Affrays, the Conftable muft ap- to Aid of the Lord, Wardship, &c. now of no Ufe.
prehend the Perfons offending before the Affray is Co. Lit. The Age of Twenty-one is the full Age of
over, or elſe he may not do it without a Warrant Man or Woman; which enables them to contra&t
from a Juftice, except it be in an extraordinary
Cafe; as where a Perfon is wounded dangerously.
Dalt. 36. In Cafe of a fudden Affray, through Paf-
fion or excefs of Drinking, the Conftable may put
the Perfons in Prifon if there be one in the Vill,
until the Heat of their Paffion and Intemperance is
over, though he deliver them afterwards; or 'till
he can bring them before a Juftice of Peace, and
that to avoid the prefent Danger. 2 Hale's Hift.
P.C. 95.90. If a Conftable is hurt in an Affray, he
may have his Remedy by Action of Trefpafs, and
have good Damages; but the Affrayers, if they are
hurt, fhall have no Remedy. Lamb. 141. And
where any other Perfons receive Harm from the Af-
frayers, they may have Remedy by Action against
them. Dalt. 35.
and manage for themſelves, in Refpect to their E-
ftates, until which Time they cannot act with Secu-
rity to thofe as deal with them; for their A&s are
in moft Cafes either void, or voidable: Perk. But
a Perfon under Twenty-one, may contract for Ne-
ceffaries fuitable to his Quality, and it fhall bind
him: Alfo one under Age may be Executor of a
Will. I Inft. 171. And at Fourteen Years of Age a
Perfon may difpofe of Goods and Perfonal Eftate by
Will; tho' not of Lands 'till the Age of Twenty-one.
It hath been adjudged, that if one be born on the firſt
of February at Eleven o'Clock at Night, and the laſt
of January in the One and Twentieth Year at One
o' Clock in the Morning, he makes his Will of
Lands, &c. and dies; yet fuch Will is good, for he
then was of Age. Mod. Caf. 260. A Perfon under the
Age of Twenty-one may make a Purchaſe; but at
his full Age he may agree or diſagree to it. 1 Inft. 2.
So where Perfons marry, the Man under the Age of
HE Jurors for our Sovereign Lord the King upon Fourteen, or the Woman within Twelve, they may
their Oath prefent, That A. B. C. D. and E. F. difagree to the Marriage at thofe Ages: And the
late of, &c. with Force and Arms, that is to fay, with Law is the fame in other Cafes. Perfons under the
Swords, Staves, and other Warlike Inftruments, on the Age of Fourteen, are not generally punishable For
Day, &c. in the Year of the Reign, &c. at M. in the Crimes: But if they do any Trefpafs, they must
County aforefaid, being arrayed and unlawfully affembled anfwer for the Damage. I Inf. 247. 2 Roll. Abr. 547.
together in a warlike Manner, then and there by turns Fourteen is the Age by Law to be a Witnefs; and in
made an Affault and Affray, to the Terror and Difturfome Cafes a Perfon of nine Years of Age hath been
bance of divers Subjects of our Lord the King then and
there being, and to the evil and pernicious Example of the
Liege People of the faid Lord the King, and against the
Peace of our faid Lord the King, his Crown and Dignity.
An Indictment for an Affray.
Affreightment, (Affretamentum) The Freight of a
Ship, from the French Fret, which fignifies the Tons.
Pat. 11 Hen. 4. See Charter-Party.
Affrí, vel Affra, Bullocks, or Horfes or Beafts of
the Plough- Vicecomes liberet ei omnia catalla debi-
toris, exceptis Bobus & Affris caruce. Weftm. 2. c. 8.
Et communiam Paftura ad decem Boves duos Affros
in prædictis Pafturis Mon. Angl. par. 2. f. 291. And
in the County of Northumberland, the People to this
Day call a dull or flow Horſe, a falfe Aver or Afer.
Spelm Gloff.
African Company, The Royal African Company
of Merchants established by King Charles II. for
Trading to Africa. And all Perfons may Trade
thither, as well as the Company, paying 10 per Cent.
on Exportation of Goods, for maintaining the
Forts, c. And the like Duty upon Importation;
&c.
on Payment of which Duties, they fhall be protected
in their Trade. Stat. 9 & 10 W. 3. Vide Mer-
chant.
allow'd to give Evidence. 2 Hawk. 434. None may
be a Member of Parliament under the Age of Twen-
ty-one Years; and no Man can be ordained Prieft
till Twenty-four; nor be a Bishop 'till thirty Years
of Age.
Age-Pzier, (Etatem precari or Etatis precatio) Is
when an Action being brought againſt a Perfon
under Age for Lands which he hath by Defcent, he
by Petition or Motion fhews the Matter to the Court,
and prays that the Action may ftay till his full Age,
which the Court generally agrees to. Terms de Ley
30. But as a Purchafor, a Minor fhall not have
Age Prier: Nor in a Writ of Affife, becauſe it is of
his own Wrong, and this Writ fhall not be delay'd;
or in a Writ of Dower; or of Partition. Stat. 3 Ed.
1. 38 Ed. 3. Hob. 342. In a Writ of Debt againft an
Heir, he fhall have his Age, for at full Age he may
plead Riens per Defcent, or a Releaſe to his Anceſtor,
and be diſcharged. Danv. Abr. 259. Sée Parol De-
murrer.
Agenfrida, The true Lord or Owner of any
Thing-Si porcus non fuerit ibi fæpius quam femel det
Agenfrida unum folidum. Leg. Inæ, c. 50. apud Brompt.
c. 45.
Agenhine, A Gueft at an Inn after three Nights,
when accounted one of the Family. See Hoghen-
bine.
Chart. Edg. Reg. Agent and Patient, Is when a Perſon is the Doer
of a Thing, and the Party to whom done: As where
galma, The Impreffion or Image of any Thing
on a Seal:
Ego Dunftanus hanc Libertatem cru-
cis Agalmate confignavi-
pro Weftmonaft. Ecclef. Anno 968.
a Woman
A
:
A G
a Woman endows herſelf of the best Part of her
Husband s Poffeffions, this being the fole A&t of her
felf to herself, makes her Agent and Patient. Alfo
if a Man be indebted unto another, and afterwards
he makes the Croditor his Executor, and dies, the
Executor may retain fo much of the Goods of the
Deceafed as will fatisfy his Debt; and by this Re-An
tainer he is Agent and Patient, that is, the Party to
whom the Debt is due, and the Perfon that pays
the fame. But a Man fhall not be Judge in his own
Caufe, Quia iniquum eft aliquem fua rei effe judicem.
8 Rep. 138.
agild, Signifies to be free from Penaltics, not
fubject to the customary Fine or Impofition. Sax.
a Gild, Sine mulita. Leges Aluredi, cap. 6. Si utla-
gata efficiat ut occidatur, pro eo quod contra Dei rectum &
Regis imperium Stet
jaceat Agild. In Leg.
Hen. 1. c. 88. Agilde was a Perfon fo vile, that
whoever kill'd him was to pay no Mul& for his
Death.
Agiler, From the Sax. a gile, an Obferver or
former.
·
A G
*
Agreement, Agreamentum (aggregatio mentium) Sig-
nifies a joining together of two or more Minds in
any Thing done, or to be done. Plowd. 17. It is
Threefold; ift, An Agreement executed already at
the Beginning; as where Money is paid for the
Thing agreed, or other Satisfaction made. 2dly,
Agreement after an A& done by another; as
where one doth fuch a Thing, and another Perſon
agrees to it afterwards, which is executed alfo: And
3dly, An Agreement executory, or to be performed
in futuro. This latt Sort of Agreement may be divi-
ded into two Parts; one certain at the Beginning,
and the other when the Certainty not appearing at
firft, the Parties agree that the Thing fhall be per-
form'd upon the Certainty known. Terms de Ley 31.
Every Agreement ought to be perfect, full and com-
pleat, being the mutual Confent of the Parties';
and fhould be executed with a Recompence, or be
fo certain as to give an A&tion or other Remedy
thereon. Plowd. 5. Any Thing under Hand and
In-Scal, which imports an Agreement, will amount to à
Covenant: And a Provifo, by Way of Agreement,
amounts likewife to Covenant and Action may
be brought upon them. 1 Lev. 155. An Agree
ment being put in Writing only for Remembrance,
doth not change its Nature; but if it be put in
Writing fealed and delivered, it is of greater
Force. Hob. 19. Where an Agreement for the Pur-
chafe of Lands, being in Writing, and figned by
both the Parties, but not fealed; it was held good
in. Chancery, and decreed to be executed. Though
where a Perfon gives a Guinea, &c. Earneft,
without Agreement in writing it is otherwife. Preced.
Canc. 16, 560. A Note of an Agreement fign'd by
one Party only, will bind both in Equity: So it
is of Agreements in Part executed, by delivering
git, (from the Fr. Gifte, a Bed or Refting Poffeffion of the Lands, tho' neither Party fign
Place) Signifies to take in and feed the Cattle of them. Abr. Caf. Eq. 21. But if any Estate in Pof-
Strangers in the King's Foreft, and to gather up feffion or Reverfion be made to me, I must agree to
the Money due for the fame. Chart. de Foresta, 9 H. 3. it, before it will be fettled; for I may refufe, and
c. 9. The Officers appointed for this Purpoſe are fo avoid it: A Releaſe, Deed or Bond, is made
called Agifters, or Gift-takers, and are made by the and delivered to another to my Ufe, this will veft
King's Letters Patent: There are four of them in in me without any Agreement of mine; but if I dif
every Foreft wherein the King hath any Pawnage. agree to it, I make the Deed void. Dyer 167. And
Manu. For. Laws So. They are alfo called Agifta-regularly where a Man hath once difagreed to the
ftors, to take Account of the Cattle agifted.
gillarius, A Hey ward, Herd-ward, or Keeper
of Cattle in a common Field. Towns and Villages
had their Heywards, to fupervife and guard the
greater Cattle, or common Herd of Kine and Oxen,
and keep them within due Bounds; and if thefe
were fervile Tenants, they were privileged from all
customary Services to the Lord, becauſe they were
prefumed to be always attending their Duty, as a
Shepherd on his Flock. And Lords of Manors had
likewife their Heywards, to take Care of the Til-
lage, Harveſt-Work, &c. and fee that there were
no Incroachments made on their Lordships: But
this is now the Buſineſs of Bailiffs. Kenner's Paroch.
Antiq. 534, 576.
-
P
Party himſelf, he can never after agree: An Obli-
giftment, (Agiftamentum) Is where other Men's gation being made to my Ufe, and tendered to me,
Cattle are taken into any Ground, at a certain if I refufe it, and after agree again and will accept
Rate per Week: It is fo called, becauſe the Cattle it; now this Agreement afterwards, will not make the
are fuffered agifer, that is to be levant and couchant Obligation good, that was void by the Refufal. Co.
there; and many great Farms are employed to Litt. 79. 5 Rep. 119. An Agreement may be as well
this Purpofe. 2 Inft. 643. Our Graziers call Cat-in the Party's Abfence, as in his Prefence; but a
tle which they thus take in to keep Giſements; and
to gife or juice the Ground, is when the Occupier
thereof feeds it not with his own Stock, but rakes
in the Cattle of others to agift or pafture it. Agift-
ment is likewife the Profit of fuch Feeding in a
Ground or Field: And extends to the Depafturing
of barren Cattle of the Owner, for which Tithes
fhall be paid to the Parfon. There is Agiftment of
Sea-Banks, where Lands are charged with a Tribute
to keep out the Sea. Terra Agiftata are Lands
whofe Owners are bound to keep up the Sea Banks.
Spelm. in Romney-Marſh.
gitatio Animalium in Fozelia, The Drift of
Beafts in the Foreft. Leg. Foreft.
Difagreement muſt be to the Perſon himſelf to whom
made. 2 Rep. 69. When an Estate is made to a
Feme Covert, it is good till Difagreement without any
Agreement of the Husband: Tho a new Eftate grant-
ed to the Wife where ſhe hath an Eftate before, as
by the taking of a new Leaſe, and making a Sur-
render in Law, will not veft till the Husband agree
to it. Hob. 204. A forced Agreement of the Party
is accounted no Agreement, and therefore he that
did agree to the Thing, fhall not be compelled to
perform it. 1 Lill. 48. An Agreement made only by
Parol, may be diſcharged and made void, at any
Time before broken, by Parol only, without Satis
faction: But not after it is broken, when an Injury
Agius, (Gr.) i. e. Holy, -Ego Triumphalem Tro-is
phaum Agiæ crucis impreffi. Mon. Angl. p. 15, 17.
་
Agnus Dei, A Piece of white Wax in a flat
oval Form, like a fmall Cake, ftamp'd with the
Figure of the Lamb, and confecrated by the Pope.
Agnus Dei, Croffes, &c. are not permitted to be
brought into this Kingdom, on Pain of a Pramunire.
Stat. 13 Eliz. c. 2.
graría Lex, A Law made by the Romans for
Diftribution of Lands among the common Peo-
ple.
done. 22 Car. 1. B. R. Agreements are to be in
Writing, by Stat. 29 Car. 2. cap. 1. of Frauds and
Perjuries: And by the Common Law, are govern'd
by the Intention, or as near it as may be. If an
Agreement be in the Nature of a Penalty, the Courts
of Equity will not relieve against it; for the Terms
fhall be judged the Meaſure of Satisfaction to the
Parties. Preced. Canc. 102. See Contract.
Articles
4
A I
A L
Articles of Agreement for Sale of an Estate.
Articles of Agreement, indented, made, concluded
and agreed upon the Day and Year, &c. Between
A. B. of, c. of the one Part, and C. D. of; &c.
of the other Part, as followeth, vizi
F of
Fitz. Abr. 7. There ought to be Privity between à
Perfon that joins in, Aid and the other to whom he
is joined; otherwife Joinder in Aid fhall not be fuf-
fered. Danu. 318. There is a Prayer in Aid of Fa
trons, by Parfons, Vicars, c. And between Copar-
ceners, where one Coparçener, fhall have Aid of the
other to recover pro rata. Co. Litt. And alfo Servants,
having done any Thing lawfully in Right of their
Mafters, fhall have did of them. Terms de Ley 34.
IRST, The faid A. B. in Confideration of the Sum
of, &c. to be paid as herein after is mentioned, deth Bid of the King, (Auxilium Regis) Is where the
covenant and agree with the faid C. D. That he the faid King's Tenant prays. Aid of the King, on Account
A. B. shall and will, at the Cofts and Charges of the of Rent demanded of him, by others. A City or
faid C. D. on or before the Day, &c. next coming, by Borough, that hold a Fee-farm of the King, if any
Such Conveyances, Ways and Means in the Law, as his Thing be demanded against them which belongs
Counsel fhall reasonably advise, well and fufficiently grant, thereto, they may pray in Aid of the King And
convey and affure to the faid C. D. and his. Heirs, or to the King's Bailiffs, Collectors, or Accountants fhall
whom he or they shall appoint, and to fuch Ufes as he or have Aid of the King. In thefe Cafes, the Proceed-
they shall direct, All that Meffuage or Tenement, &c. ings are fopp'd till the King's Counfel are heard
fituate, &c. with Covenants to be therein contained ato fay what they think fit, for avoiding the King's
gainst all Incumbrances done or committed by him the ſaid
A. B. or any claiming under him. Alfo, The faid C. D.
for himself, his Heirs and Affigns, doth covenant and
grant to and with the faid A. B. his Heirs and Affigns,
That he the faid C. D. fhall and will, on executing the
faid Conveyance, pay into the faid A. B. his Heirs or
Affigns, the faid Sum of, &c. as and for the Purchase-
Money for the faid Meffuage, Tenement and Premiffes
abovementioned. Alfo, It is further agreed by and be-
tween the faid Parties to thefe Prefents, That the faid
C. D. his Heirs and Affigns, fhall and may, on the
Day, &c. enter into and upon the faid Prem fes, and re-
ceive the Profits thereof, to his and their own Ufe and
Ufes. In Witness; r.
Agri, In our Law, denotes arable Land in the
common Fields. Fortefcue.
iD, (Auxilium) Is all one with the French Aide,
and is generally understood to be a Subfidy granted
to the Crown. By the antient Law of the Land,
the King and any Lord of the Realm, might lay
an Aid upon their Tenants, for Knighting an eldeft
Son, or Marriage of a Daughter; but this was
taken away by the Statute 12 Car. 2. This Impo-
fition, which was often levied in former Times,
feems to have defcended to us from Normandy, or
rather from the feudal Laws. Grand Custumn. c. 35.
It is faid to differ from Tax in Signification; for
Taxes were antiently levied at the Will of the
Lord, upon any Occafion whatfoever, but Aids could
not be levied but where it was lawful and cuftoma-
ry fo to do; as to make the eldeſt Son a Knight,
marry the eldest Daughter, or to redeem the Lord
from Prifon. By Statute 34 Ed. 1. It is ordain'd
that the King fhall levy no Aid or Tax without his
Parliament.
Prejudice: And this Aid, fhall not in any Cafe be
granted after Iffue; becaufe the King ought not to
rely upon the Defence made by another. Fenk.
Cent. 64. Terms de Ley 35. Stat. 4 Ed. 1. and 14
Ed. 3.
Wile, (of the French Aieul, i. e. Avus) Signifies
a Writ which lies where a Man's Grandfather or
Great Grandfather (called Befaile) being feiſed of
Lands and Tenements in Fec fimple, the Day that
he died, and a Stranger abateth or entre.h the
fame Day, and difpoffeffes the Heir of his Inheritance.
F. N. B. 222. The Aunt and the Niece fhall join
in a Writ of Aiel of the Seifin of their Grandfa-
ther. And the Writ runs thus: Rex Vic. &c. Prac.
A. B. quod jufte, &c. redd. B. & D. unum Meffua-
gium, &c. de quo, D. Avus præd. B. proavus Præd.
D. cujus hæred. ipfi funt, fuit feifitus, &c.
Wiliamenta, Include any Liberty of Paffage, o-
pen Way, Water-courfe, &c. for the Eafe and Ac-
commodation of Tenants. Kitib.
a1, Ald, Words which begin with Al or Ald in
the Names of Places, fignify Antiquity; as Albo-
rough, Aldworth, &c.
lanerarius, A Manager and Keeper of Dogs,
for the Sport of Hawking, from Alanus a
Dog,
known to the Antients. Du Frefne. But Mr. Blount
renders it a Faulconer. Robertus de Chedworth
Vice Com. Line. liberavit lvis. viii d. Johanni de Bel.
lovento, pro putura feptem Leporariorum & trium Falco-
num & Alanerarii & pro vadiis unius Bracenarii.
16 E. 1.
iba, The Alb, A Surplice or white facerdotal
Velt, anciently used by officiating Pricfts.
Alba firma, This Word is uſed by my Lord Coke,
and feems to fignify a Tenure. Duplex eft Tenura
in Com. Weltmorland, fcilicet una per Albam firmam,
& alia per Cornagium, &c. 2 Inft. 10.
Albergellum, The fame with Halsberga: Omnis
homo, &c. habet Albergellum & capellum ferreum,
Lanceam & Gladium. It here fignifies a Defence
for the Neck. Hoveden 611.
Album, Is a Word made uſe of for white Rent,
paid in Silver. Rot. Parl. 6 H. 3.
lder, Signifies the First; as Alder beft, is the best
of all; Alder liefeft, the most dear.
Víd-Prayer, ( Auxilium Petere) A Word made ufe
of in Pleading, for a Petition in Court to call in
Help from another Perfon that hath an Interest in
the Thing coniefted: This gives Strength to the
Party praying in Aid, and to the other likewife, by
giving him an Opportunity of avoiding a Prejudice
growing towards his own Right. As Tenant for
Life, by the Curtefy, for Term of Years, &c. be-
ing impleaded, may pray in Aid of him in Rever-
fion; that is, defire the Court that he may be call- Alderman, (Sax. Ealdorman, Lat. Aldermannus)
ed by Writ to alledge what he thinks proper for the Hath the fame Signification as Senator, or Senior:
Maintenance of the Right of the Perfon calling him, But at this Day, and long fince, thofe are called
and of his own. F. N. B. 50. Aid ſhall be granted Aldermen who are Affociates to the Civil Magiftrate
to the Defendant in Ejectione firme, when the Title of a City or Town Corporate. Stat. 24 H S. cap. 13.
of the Land is in Queftion: Leffee for Years, fhall | An Alderman ought to be an Inhabitant of the Place,
have Aid in Treſpaſs; and Tenants at Will: But and Refident where he is chofen; and if he re-
Tenant in Tail ſhall not have Aid of him in Re-moves, he is incapable of doing his Duty in the Go-
mainder in Fce; for he himself hath Inheritance. vernment of the City or Place, for which he may
Danu. Abr. 292. In a Writ of Replevin, the A-be disfranchis'd. 4 Mod. Rep. 36. Alderman Lang-
vowry being for a real Service, Aid is granted be-ham was a Freeman of the City of London, and cho-
fore iffue; and in Action of Trefpafs after Iffue fen Alderman of fuch a Ward, and being fummoned
join'd, if there be Caufe, it fhall be had for the De- to the Court of Aldermen he appeared, and the Oath
fendant, tho' never for the Plaintiff. Fenk. Cent. 64. to ferve the Office was tendered to him, but he re-
fufed
H
*
"
A L
AL
A
Alias, A fecond or further Writ, iffued from the
Courts at Westminster, after a Capias, &c. fuèd out
without Effect. Pract. Attorn. Edit. 1.
fufed to take it, in Contempt of the Court, c.
whereupon he was committed to Newgate, and it
was held good. March Rep. 179. The Aldermen of
London, &c. are exempted from ferving inferior Alias diitus, Is the Mánner of Defcription of a
Offices; nor fhall they be put upon Affifes, or ferve Defendant, when fued on any Specialty, as a Bond,
on Juries, fo long as they continue to be Aldermen... where after his Name, and common Addition;
2 Cro. 585. In Spelman's Gloffary we find that we then comes the Alias dict, and defcribes him again by
had antiently a Title of Aldermiannus totius Anglie, the very Name and Addition, whereby he is bound
Witness this, Infeription on a Tomb in Ramfey in the Writing. Dyer 50. But the Alias dict, is faid
Abbey Hic requiefcit D. Alwinus inclyti Regis Ead-to be only Reputation, and not the Truth, Fenk.
gari cognatus totius Anglia Aldermannus, & hujus Cent. 119. See Mifnomer..
Sacri Coenobii miraculofus Fundator. And this Officer
was in the Nature of Lord Chief Juftice of Eng
land. Spelm. Alderman was one of the Degrees of
Nobility among the Saxons, and fignified an Earl;
Sometimes applied to a Place, it was taken for a
General, with a Civil Jurifdiction as well as mili-yond Sca; or born of English Parents out of the
tary Power; which Title afterwards was uſed for a
Judge, but it literally imports no more than
Elder.
་
2 Alæ Ecclefiæ, The Wings or Side Ifles of the
Church, from the French Les Ailes de l'Eglife.
Ad baſes pilariorum murus erat tabulis Marmoreis
compofitus, qui Chorum cingens & Presbyterium, corpus
Ecclefie lateribus que Ale vocantur, dividebat. Gervaf.
Dorobern' in Defcript. Eccl. Cantuar.
Alecenarium, A Sort of Hawk called a
Séc Putura.
Bifet, (Sax. Alfath) A Cauldron or Furnace,
wherein boiling Water was put for a Criminal to
dip his Arm in up to his Elbow, and there hold it
for fome Time. Du Cange.
Alien, (Alienus, Alienigena) One born in a ſtrange
Country, out of the Allegiance of the King: It is
taken for the contrary to a Denizen or natural
Subject. But a Man born out of the Land, fo as it
be within the Limits of the King's Obedience be-
Obedience of the King, if the Parents at the Time
of the Birth were of fuch Obedience, is no Alien.
Stat. 25 Ed. 3. c. 2. And if one born out of the
King's Obedience, come and refide in England, his
Children begotten and born here are not Aliens but
Denizens. 7 Rep. All Perfons being the King's Na-
tural-born Subjects, may inherit, as Heirs to their
Ancestors, though their Ancestors were Aliens, by
Statute 11 12 W. 3. c. 6. Children of an Ambaffa-
Lanner.dor in a Foreign Country, by a Wife being an
English Woman, by the Common Law, are natural-
born Subjects, and not Aliens. 7. Rep. 11. And if an
English Merchant living beyond Sea marries a Wife
there, and hath a Child by her, and dics, this
Child is born a Denizen, and fhall be Heir to him,
notwithstanding the Wife be an Alien. Cro. Car. 605.
March 91. Thofe which are born in the English
Plantations, are Subjects born. Dano. Abr. 324.
There are two Incidents regularly that are necef-
fary to make a Subject born; First, That his Pa
rents, at the Time of his Birth, be under the
Place of his Birth, be within the King's Dominions.
7 Rep. 18. And it is the Place of Birth that makes
the Difability of an Alien to have Lands, &c. The
Blood is not the Difability, but the Place where
born. Cro. Fac. 539. An Alien can hold no Land by
Defcent or Purchaſe, or be Tenant by the Curte-
fy, or in Dower. 5 Rep. 502. An Alien may pur-
chafe a Houfe for Years, for Habitation during his
Refidency, as neceffary for Trade; tho' not Lands.
If an Alien, being a Merchant, leaves the Realm,
the King fhall have the Leafe; and if he dies here
poffeffed thereof, his Executors or Adminiftrators
fhall not have it, but the King; he having it only
as an Habitation for his Trade. If an Alien is no
Merchant, the King fhall haye his Leafe for Years,
tho' it were for his Habitation. 7 Rep. 18. 1 Inft. 2.
129. 2 Inft. 741. In Cafe an Alien purchafe Land,
the King upon Office found,. fhall have it. 1 Inst. 2.
Aliens are prohibited to purchaſe Benefices, with-
out the King's Licence, &c. Stat. 7 R. 2. c. 12.
Devife of Lands to an Alien is void. 4 Leon. S2.
And if a Man be bound to an Alien Enemy in an
Obligation, the Bond is void to him; but the King
will have it. I Lev. 59. Danv. Abr. 322. Aliens
le-Silver, A Rent or Tribute annually paid to may obtain Goods and perfonal Eftate, by Trade,
the Lord Mayor of London, by thofe that fell Ale. And may maintain Actions for the fame; they
within the Liberty of the City. Antiq. Purvey.
183.
Alehouses, Are to be licenfed by Juftices of
Peace, who take Recognizances of Alchoufe-keep-
ers not to fuffer Diſorders in their Houfes, and they
have Power to put down Alehouses, &c. But the A&
is not to reftrain Selling of Ale in Fairs. 5 6 Ed. 6.
c. 25. Alehouſe keepers are liable to a Penalty of 20s.
for keeping Alehoufes without Licence; not exceed-actual Obedience of the King; Secondly, That the
ing 40s. nor under 10s. for felling Ale in fhort
Meafure; and 10s. for permitting Tippling, &c.
And Perfons retailing Ale or Beer, Alehouse keepers,
&c. fhall fell their Ale by a full Ale Quart or Pint,
according to the Standard in the Exchequer, marked
from the faid Standard; and Sub-Commiffioners or
Collectors of Excife, arc to provide fubftantial Ale
Quarts and Pints in every Town in their Divifions;
and Mayors and Chief Offieers to mark Meafures,
or forfeit 51. by Statute 1 Fac. 1. c. 9. 3 Car. 1. c. 3.
i1 & 12 W. 3. c. 15. See Inns.
Wie-Licences, In London, must be taken out from
Commiffioners of Excife, &c. on which a Duty is
to be paid to the Crown; and not taking out a Li-
cenfe or Permiffion, incurs a Forfeiture of 201.
but this Statute doth not take away the Power of
Juftices of Peace in Licenfing and Regulating
Vi&uallers, &c. Stat. 12 Geo. 1. c. 13. The Duty
granted on Ale-Licences, by this Statute, is repealed
by 16 Geo. 2. cap. 12.
Aler fan jour, (Fr.) To go without Day, viz.
To be finally difmiffed the Court, becauſe there
is no further. Day affigned for Appearance. Kitch.
146.
leftake, A May-Pole called Aleftake, becaufe
the Country People drew much Ale there: But it is
not the common May- Pole, but rather a lòng Stake
drove into the Ground, with a Sign on it, that Ale
was to be fold.
Ale-tatter, Is an Officer appointed in every
Court-Leet, fworn to look to the Affize and Good-
nefs of Ale and Beer, &c. within the Precincts of
he Lordship. Kitch. 46. In London there are Ale-
Conners,, who are Officers appointed to taste Ale and
Beer, &c. in the Limits of the City.
►
A
may alfo have A&ions of Affault and Battery, and
for Support of their Credit. 1 Bulft. 134. But they
cannot bring any Real A&tion, unless it be for an
Houfe for neceffary Habitation, being for the Bene-
fit of Trade. 7 Rep. And an Alien Enemy cannot
maintain any Action whatsoever, nor get any Thing.
lawfully within this Realm. Terms de Ley 36. An
Alien Enemy coming into this Kingdom, and taken
in War, fhall fuffer Death by the Martial Law;
and not be indicted at Common Law, for the In-
dictment must conclude contra Ligeantiam fuam, &c.
And fuch was never in the Protection of the King.
Molloy de jur. Marit. 417. Aliens living under the
Protection
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I
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AL
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:
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Protection of the King, may have the Benefit of a
General Pardon.. Hob. 271. No Alien fhall be re-
turned on any Jury, nor be worn for Trial of If
fues between Subject and Subject, &c. but where an
Alien is Party in a Caufe depending, the Inqueft of
Jurors are to be half Denizens, and half Aliens:
But in Cafes of High Treafon, this is not allowed.
2 Inft. 17. An Alien fhall not have any Vote in the
Choice of Knights of the Shire, or Burgeffes to
Parliament. Hob. 270. And Perfons that are Aliens,
or born out of the Realm, are incapable to be
Members of Parliament, enjoy Offices, &c. Stat.
12 W. 3. cap. 2. Aliens are to take an Oath to be
true to the King, and obedient to his Laws: They
fhall not take Apprentices, but fuch as are born in
the King's Allegiance. Strangers. not being Deni-
zens and Houfholders are reftrained from keeping
any Shop, . to exercife their Handicrafts: And
the Goods and Wares of Aliens are to be examined
and marked; by Wardens of Handicrafts, &c. 14 H.
8. 21 H. 8. cap. 16. 32 H. 8. c. 16. No Alien fhall
be a Factor abroad, in the English Plantations, un-
der Penaltics. Stat. 12 Car. 2. cap. 18. See Artifi-
cers.
鹗
​'
Alienation, (from Alienare to alien A Transfer-
ring the Property of a Thing to another: It chiefly
relates to Lands and Tenements; As to alien Land
in Fee, is to fell the Fee-fimple thereof, &c. And
to alien in Mortmain, is to make over Lands or Te-
nements to a Religious Houfe or Body Politick;
for which the King's Licence is to be obtained.
Stat. 15 R. 2. c. 5. Fines for Alienations are taken
away by Statute; except Fines due by particular
Cuftoms of Manors. 12 Car. 2. Danv. Abr. 327. All
Perſons who have a Right to Lands, may generally
alien them to others: But fome Alienations are for-
bidden; as an Alienation by a particular Tenant,
fuch as Tenant for Life, &c. which incurs a For
feiture of the Eftate. 1 Inft. 118. For if Leffee for
Life, by Livery alieneth in Fee, or make a Leafe
for the Life of another, or Gift in Tail, it is a For-
feiture of his Eftate: So if Tenant in Dower,
Tenant for another's Life; Tenant for Years, &c.
do alien for a greater Eftate than they lawfully
may make. 1 Inft. 233, 251. Conditions in Feoff-
ments, c. that the Feoffee fhall not alien, are
void. 1 Inft. 206. Hob. 261. And it is the fame where
a Man poffefs'd of a Leafe for Years, or other
Thing, gives and fells his whole Property therein,
upon fuch Condition: But one may grant an Eftate
in Fee, on Condition that the. Grantee fhall not
alien to a particular Perfon, & And where a Rc-
verfion is in the Donor of an Estate, he may re-
ftrain an Alienation by Condition. Lit. 361. Wood's
Inft. 141. Eftates in Tail, for Life, or Years, where
the whole Intereft is not parted with, may be made
with Condition not to alien to others, for the Pre-
fervation of the Lands granted in the Hands of the
frft Grantee.
|
7
fuch Cafe; and the Wife may have Sureties of the
Peace for unreafonable Beating her. Trin. 11 Fac. 1.
Moor 874. Alimony was anciently expreffed by Ra-
tionabile Eftoverium, Reaſonable Maintenance.
Rex Vic. Bucks falutem. Præcipimus tibi quod de Mari-
tagio Emme de Pinckney uxoris Laurentii Penire,
qui Excommunicatus eft, eo quod pradictam Emmam af
fectione Maritali non tractat, eidem Emma Rationabile
Eftoverium fuum invenias, donec idem: Laurentius Vir
fuus eam tanquam uxorem fuam tractaverit, ne iteratus
clamor ad nos inde perveniat. Rot. 7 Hen. 3.
Allaunds, Ab Alanis, Scythia Gente, Hare-Hounds.
Allay (Fr. in Lat. Allaya) A Word uſed for the
Tempering and Mixture af other Metals with Sil-
vor or Gold. Stat. 9 Hen. 5. This Allay is to aug-
ment the Weight of the Silver or Gold, fo as it
may defray the Charge of Coinage, and to make
it the more fufile. A Pound Weight of Standard
Gold, by the prefent Standard in the Mint, is
Twenty-two Carats fine, and two Carats Allay: And
a Pound Weight of right Standard Silver confilts of
eleven Ounces two Penny Weight of fine Silver,
and eighteen Penny Weight of Allay. Lownd's Effay,
upon Coins, pag. 19. One Penny Weight of Angel
Gold, is worth four Shillings and Two-pence; of
Crown-Gold, three Shillings and Ten-pence: And
one Ounce of pure Silver, is worth five Shillings
and Four-pence; and with Allay, five Shillings. Mod.
Juft. tit. Coin, pag. 120.
Allegiance, Allegiantia, (formerly called Ligeance,
from the Latin Alligare & Ligare, i. e. Ligamen Fi-
dei) is the fworn Allegiance, or Faith and Obedience,
which every Subject owes to his Prince. It is ei
ther perpetual, where one is a Subje&t born; or
where one hath the Right of a Subject by Natura-
lization, c. or it is Temporary, by Reafon of Re-
fidence in the King's Dominions. To Subjects born,
it is an Incident infeparable; and as foon as born
they owe by Birth-right Obedience to their Sove-
reign: And it cannot be confined to any King-
dom, but follows the Subject wherefoever he goes.
The Subjects are hence called Liege People, and are
bound by this Allegiance to go with the King in his
Wars, as well within as without the Kingdom. 1
Inft. 2, 329. 2 Inft. 741. All Perfons above the Age
of Twelve Years are to be required to take the
Oath of Allegiance in Courts-Lect. And there are
feveral Statutes requiring the Oath of Allegiance and
Supremacy, &c. to be taken, under Penalties: Ju-
ftices of Peace may fummon Perfons above the
Age of Eighteen Years, to take thefe Oaths. Stat.
1 Eliz. 1 W. & M. &c. Abfolving any Perfons from
their Allegiance, is High Treafon, by 1 & 21 Eliz.
tegiare, To defend or juftify by due Courſe
of Law.
Si quis fe velit allegiare fecundum
Regis Weregilidum hoc faciat. Leges Alvred. cap. 4.
Speim. ·
Aller Good. The Word Aller is uſed to make
what is added to fignify fuperlatively; as Aller-
good is the greatest Good.
Alleviare, Signifies to levy or pay an accustomed
Fine. Some of our ancient Hiftories mention fuch
Fines paid by Perfons to their Lords for Redemp-
tion of their Daughters, or for a Licence to marry
them. Brady's Pref. to Engl. Hift. 64.
Alímony, (Alimonia) Significs Nourishment or
Maintenance: And in a legal Senfe, it is taken for
that Allowance which a married Woman fues for
and is entitled to, upon any occafional Separation
from her Husband. Terms de Ley 38. Where a Wo-
man is divorced a Menfa & Thoro, fhe may fue her
Husband in her own Name for Alimony or Mainte- Allocation, (Allocatio) In a legal Senfe is an AI-
nance out of the Husband's Eftate, during the Se-lowance made upon an Account in the Exchequer ;
paration, either in the Chancery or Spiritual Court; or more properly a Placing or Adding to a Thing.
and it will be allowed, except it be in Cafes of E- Allocatione Facienda, A Writ for allowing to an
lopement and Adultery. 1 Inst. 235. But the Spiri- Accountant fuch Sums of Money as he hath lawfully
tual Court is the proper Court to fue in for Aliexpended in his Office; directed to the Lord Trea-
mony: And the not Allowing a Wife Maintenance, furer, and Barons of the Exchequer, upon Complaint
is not an Offence within the Statute 1 Eliz. but a made. Reg. Orig. 206.
Negle&t of the Husband's Duty, and a Breach of
his Vow. 12 Rep. 30. A Man may be fued in the
Spiritual Court for Beating his Wife, and he may
be ordered to pay her fo much per Week Alimony:
But a Prohibition hath been granted by B. R. in
Allocato Comitatu, Is a new Writ of Exigent al-
lowed, before any other County-Court holden, on the
former not being fully ferved, or complied with,
&c. Fitz. Exig. 14.
'Allodial :
A L
A M
mount: Quando moritür Alodarius, Rex inde babeś
Relevationem terra, &c. Domeſday, Tit. Kent. I
Supe-Relevationem
Inft. 1, 5.
Allodial: This is where an Inheritance is held
without any Acknowledgment to any Lord or Supe-
rior; and therefore is of another Nature from that
which is feodal. Allodian Lands are free Lands, which
a Man enjoys without paying any Fine, Rent, or
Service to any other. See Alodiunt.
Illuminos, (from the Fr. Allumer, to lighten) Is
uſed for one who coloureth or painteth upon Paper
or Parchment; and the Reaſon is, becauſe he gives
Light and Ornament by his Colours to the Letters
or other Figures. The Word is uſed Stat. i R. 3.
c. 9. But we now call fuch a one a Limner.
Almanack, Is Part of the Law of England, of
which the Courts must take Notice, in the Returns
of Writs, c. but the Almanack to go by, is that
annex'd to the Book of Common Prayer. Mod. Caf.
41, 81.
Bimaria, for Armaria: The Archives of a Church,
a Library.
Omnia etiam Ecclefia Almaria con-
fregit, Chartas & Privilegia quadam igne cremavit.
Gervaf. Dorob. in R. 2.
•
1
Aloveríum, A Purfe. This Word is mentioned
in Fleta, lib. 2. c. 82. par. 2..
Vitarage, (Altaragium) The Offerings made upon
the Altar, and alfo the Profit that arifes to. The
Prieft by Reafon of the Altar, obventio Altaris. Mich.
21 Eliz. It was declared that by Altarage is meant
Tithes of Wool, Lambs, Colts, Calves, Pigs,.Chick-
ens, Butter, Cheefe, Fruits, Herbs, and other fmall
Tithes with the Offerings due: The Cafe of the
Vicar of Weft-Haddon in Northamptonshire. But the
Word Altarage at firft is thought to fignify no more
than the cafual Profits arifing to the Prieft, from
the Peoples voluntary Oblations at the Altar; out
of which a Portion was affigned by the Parfon to
the Vicar: Since that, our Parfons have generally)
contented themfelves with the greater Profits of
Glebe, and Tenths of Corn and Hay; and have
left the fmall Tithes to the officiating Priefts: And
Almner, or Almoner, (Eleemofynarius) An Officer hence it is that Vicarages are endowed with them.
of the King's Houfe, whofe Bufincfs it is to diftri- Terms de Ley 39. 2 Cro. 516. Vicarius de Tickill
bute the King's Alms every Day. He ought to ad- ad fuftentationem fui habeat totum Altaragium, ita quod
moniſh the King to beſtow his Alms, efpecially up- Nomine Altaragii contineantur omnes obventiones, Deci-
on Saints Days and Holydays; and he is likewife to me & proventus ipfius Ecclefia de Tickill, Exceptis
vifit the Sick, Widows that are poor, Prifoners Decimis Bladi Leguminis & fœni, terris ad dictam
and other neceffitous People, and to relieve them Ecclefiam pertinentibus, &c. Ordinatio Walter. Archiep.
under their Wants; for which Purpofe, he hath Ebor. An. Dom. 1249. Vicaria in Ecclefia San&t. Mar-
the Forfeitures of Deodands, and the Goods of Fe- tini de Stampford confiftit in toto Altaragio dicta Eccle-
lo's de fe, allowed him by the King. Fleta, lib. 2.fic. Monafticon, 2 Tom. 881. 3 Tom. 139.
cap. 22.
The Lord Almoner has the Difpofition of
the King's Difh of Meat, after it comes from the
Table, which he may give to whom he pleafes;
and he diftributes Four-pence in Money, a Two
penny Loaf of Bread, and a Gallon of Beer; or
inftead thereof Three pence daily at the Court-gate
to Twenty-four poor Perfons of the King's Parish,
to each of them that Allowance. This Officer is
uſually ſome Biſhop.
lmsfcoh, or Aelmesfeoh, Saxon for Alms-Money:
It has been taken for what we call Peter Pence, firft
given by Ina King of the Weft-Saxons, and anciently
paid in England on the firft of Auguft. It was like-
wife called Romefeoh, Romefcot, and Heorthpening. Sel
den's Hift. Tithes 217.
Almutíum, A Garment which covered the Head
and Shoulders of Pricfts. Quafivit Epifcopus in quali
habitu eſſet? Refponfum eft, quod in tunica de Burneto
Almutio fine cuculla. W. Thorn. 1330.
luage, (French Aulnage) Signifies a Meaſure,
particularly the Meaſuring with an Ell: Stat. 17
Ed. 4. cap. 5.
Alteration, (Alteratio,) Is a Changing of a Thing :
And when Witnèffes are examined upon Exhibits,
&c. they ought to remain in the Office, and not be
taken back into private Hands, by whom they may
be altered. Hob. 254.
Alto Baffo, By this is meant the abfolute Sub-
miffon of all Differences. Pateat Univerfis per pra-
fentes quod Willielmus T. de Y. & Thomas G. de A.
pofuerunt fe in Alto & Baffo in arbitrio quatuor bo-
minum, viz. de quadam Querela pendente, &c.
Et predicti quatuor homines Judicaverunt, &c. Dat.
Anno 2 Hen. 5.
Amaby?, vel ambaby?, (Br.) A Cuſtom in the
Honour of Clun, belonging to the Earls of Arundel:
Pretium Virginitatis Domino Solvendum. LL Eccl. Gul.
Howeli Dha, Regis Walliæ. Puella dicitur effe Defertum
Regis, & ob hoc Regis eft de ea Amvabyr habere. This
Cuftom Henry Earl of Arundel releafed to his Te-
nants, Anno 3 & 4 P. & M.
Ambañus, A Servant or Client. Cowel.
Winballador, (Legatus) Is a Servant of the State,
repreſenting the King in a Foreign Country, to
Winager, or Aulnager, (French Alner, Latin Ulni- take Care of the Publick Affairs. And Ambaſſadors
ger) Is properly a Mcafurer by the Ell; and the are either Ordinary, or Extraordinary; the Ordi-
Word Aulne in French fignifieth an Ell. An Aulnager nary Ambassadors are thofe who refide in the Place
with us is a publick fworn Officer of the King's, whither fent; and the Time of their Return being
whofe Place it is to examine into the Affife of all indefinite, fo is their Buſineſs uncertain, arifing
Cloths, made throughout the Land, and to fix Seals from emergent Occafions; and commonly the Pro-
upon them; and another Branch of his Office is to tection and Affairs of the Merchants is their
collect a Subfidy or Aulnage Duty granted to the greateft Care: The Extraordinary Ambassadors are
King. He hath his Power by Stat. 25 Ed. 3. and made pro tempore, and employed upon fome particu-
feveral other antient Statutes; which appoint his lar great Affairs, as Condolements, Congratulations,
Fees, and infli& a Punishment for putting his Scal or for Overtures of Marriage, &c. Their Equi-
to deceitful Cloth, &c. viz. a Forfeiture of his Of page is generally very magnificent; and they may
fice, and the Value. 27 Ed. 3. 3 R. 2. But there return without requcfting of Leave, unless there
are now three Officers belonging to the Regulation be a reftraining Claufe in their Commiffion. Molloy
of Clothing, who bear the diftin&t Names of Search- 144. An Agent reprefents the Affairs only of his
er, Meaſurer, and Aulnager; all which were formerly
comprifed in one Perfon. 4 Inft. 31. And becaufe
the Subjects of this Kingdom fhould not be abufed,
an Office of Searching is eſtabliſhed by A&t of Par-
liament.
inctum, A Place where Alders grow; or a Grove
of Alder-trees.
Alnetum eft ubi Alni arbores
crefcunt. Domefday-Book.
lobium, In Domesday fignifies a free Manor:
And Alodarii Lords of Manors, or Lords Para-
I
Mafter; but an Ambaſſador ought to reprefent the
Greatness of his Mafter, and his Affairs. Ibid. By
the Laws of Nations, none under the Quality of a
Sovereign Prince can fend any Ambaſſador: A´ King
that is deprived of his Kingdom and Royalty, hath
loft his Right of Legation. No Subject, though
ever fo great, can fend or receive an Ambaſſador;
and if a Viceroy does it, he will be guilty of High
Treafon: The Electors and Princes of Germany,
have the Privelege of fending and Reception of
Ambaſſadors;
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Ambasadors; but it is limited only to Matters |
touching their own Territories, and not the State
of the Empire. It is faid there can be no Ambaf-
fador, without Letters of Credence from his Sove
reign, to another that hath fovereign Authority:
And if a Perfon be fent from a King or abfolute
Potentate, though in his Letters of Credence he is
termed an Agent, yet he is an Ambaſſador, he being
for the Publick. 4 Inft. 153. Ambafadors may. by a
Precaution be warned not to come to the Place
where fent; and if they then do it, they fhall be
taken for Enemies: But being once admitted, even
with Enemies in Arms, they fhall have the Pro-
tection of the Laws of Nations, and be preſerved |
as Princes. Moll. 146. If a baniſhed Man be fent
as an Ambaſſador to the Place from whence he is
banifhed, he may not be detained or molefted
there. 4 Inft. 153. The Killing of an Ambaſſador,
has been adjudged High Treaſon. 3 Inft. Some Am-
bafadors are allowed by Conceffion, to have Jurif
diction over their own Families; and their Houles
permitted to be Sanctuaries: But where Perfons
who have greatly offended fly to their Houſes, af
ter Demand and Refufal to deliver them up, they
may be taken from thence. Ambassadors cannot be
defended when they commit any Thing against the
State, or the Perfon of the King, with whom they
refide. 4 Inft. 152. An Ambassador guilty of Trea-
fon against the King's Life, may be condemned and
executed: But for other Treafons, he fhall be fent
home, with Demand to punish him, or to fend
him back to be punished. 4 Inft. 152. 1 Roll. Rep.
185. If a Foreign Ambaſſador commits any Crime
here, which is contra jus Gentium, as Treafon, Fe-
lony, &c. or any other Crime against the Law of
Nations, he lofeth the Privilege of an Ambafador,
and is fubje&t to Punishment as a private Alien;
and he need not be remanded to his Sovereign, but
of Curtely. Danv. „Abr. 327. But if a Thing be
only Malum Prohibitum by any Act of Parliament,
Private Law, or Cuftom of the Realm, and it is
not contra jus Gentium, an Ambassador fhall not be
bound by them. 4 Inft. 153. And it is faid Ambaf
fadors may be excufed of Practices against the State
where they refide, (except it be in Point of Con-
fpiracy, which is against the Law of Nations) be-
cauſe it doth not appear whether they have it in
Mandatis; and then they are excufed by Neceffity
of Obedience. Bac. Max. 26. By the Civil Law,
the Perfon of an Ambasador may not be arrested:
and the moveable Goods of Ambaſſadors which are
accounted an Acceffion to their Perfons, cannot be
feiſed on, as a Pledge, nor for Payment of Debt,
tho' by Leave of the King or State where they are
Refident; but on Refufal of Payment, Letters of
Request are to go to his Mafter, &c. Molly 157.
Danu. 328. By our Statute Law, an Ambaſſador, or
Publick Minifter, or his Domeftick Servants, regi-
fred in the Secretary's Office, &c. are not to be
arrefted; if they are, the Procefs fhall be void,
and the Perfons fuing out and executing it, fhall
fuffer fuch Penalties and Corporal Punishment as
the Lord Chancellor or either of the Chief Juftices
fhall think fir. Stat. 7 Ann, cap. 12. Alfo the Goods
of an Ambaſſador, or of his Servants, fhall not be
diftrained. Stat. ibid.
t
A M
fels, and every Thing which belong'd to Houfe-
keeping were kept; and probably the Ambry at
Westminster is fo called, becaufe formerly fer apart
for that Ufe: Or rather the Aumonery, from the
Latin Eleemofynaria, an Houfe adjoining to an Ab-
bey, in which the Charities were laid up for the
Poor.
Amenable, (Fr. Amener) To bring or lead unto:
Or Amainable (from the Fr. Main a Hand) fignifies
tractable, that may be led or governed: And in
our Books it is commonly applied to a Woman,
that is governable by her Husband. Cow. Interp.
·
Amendment, (Emendatio) The Correction of an
Error committed in any Proceſs, which may be a-
mended after Judgment; but if there be any Error
in giving the Judgment, the Party is driven to his
Writ of Error: Though where the Fault
to be in the Clerk who writ the Record, it may be
appears
amended. Terms de Ley 39. A Plaintiff may amend
his Bill on the File at any Time before Pica plead-
ed; but not afterwards without Motion and Leave
of the Court. 1 Lill. Abr. 58. Original Writs are
not amendable at Common Law; for if the Writ be
not good, the Party may have another: Judicial
Writs may and have been often amended. 8 Rep. 157.
And by the Statutes 8 H. 6. and 18 Eliz. the Mif
prifion of the Clerk, &c. is amendable in Original
Writs; but it must not be in another Term, when
the Roll is a Record. 8 Rep. 88. The Faults and
Miftakes of Clerks are in many Cafes amendable :
The Mifprifion of a Clerk in Matter of Fact is a-
mendable; tho' not in Matter of Law. Palm. 258. If
there be a Miftake in the legal Form of the Writ,
it is not amendable: There is a Diverfity between
the Negligence and Ignorance of the Clerk that
makes out Writs; for his Negligence (as if he have
the Copy of a Bond, and do not purfue it) this fall
be amended; but his Ignorance in the legal Courſe
of Original Writs is not amendable. 8 Rep. 159. A
Party's Name was miſtaken in an original Writ;
and it appearing to the Court that the Curfitors
Inftructions were right, the Writ was amended in
Court; and they amended all the Proceedings after.
2 Vent. 152. Cro. Car. 74. If a Thing which the
Plaintiff ought to have entered himſelf, being a
Matter of Subftance, be totally omitted, this fhall
not be amended; but otherwife it is if omitted only
in Part and mifentered. Danv. Abr. 346. By the
Common Law a Writ of Error returned and filed,
could not be amended; because it would alter the
Record: But now by Stat. 5 Geo. I. cap. 13. Writs
of Error wherein there fhall be any Variance from
the original Record or other Defect, may be a-
mended by the Court where returnable. When the
Award of a Writ of Inquiry on the Roll is good,
the Writ fhall be amended by the Roll. Carth. 70.
The Court cannot amend to make a new Writ; or
to alter a good Writ, and adapt it to another Pur-
pofe, &c. only when the Writ is bad and vicious in
the Face of it. Mod. Caf. 263, 310. A Declaration
grounded on an original. Writ, may not be amended,
if the Writ be erroneous: Tho' if it be on a Bill of
Middlefex or a Latitat, it is amendable. 1 Lill. Abr.
67. Declarations upon any penal Statutes, Qui tam,
c. may not be amended after Iffae joined. 2 Mod.
144. And Indictments of Treafon, and Felony,
Ambidexter, (Lat.) One that can uſe his left writs of Appeal, c. are excepted out of the Sta-
Hand as well as his right; or that plays on both tutes of Amendments; tho' fome Things in them are
Sides. But in a legal Senfe, it is taken for a Juror | arnendable at Common Law. Mod. Caf. 269. A Plair-
or Embraceor, who takes Money of both Parties tiff may amend his Declaration in Matter of Form
for giving his Verdi&; and fuch a one fhall be im-after a general Iffue pleaded, before Entry thereof,
prifoned, never more be of a Jury, and further pu-
nished at the King's Pleasure. 5 Ed. 3. c. 10. Crompt.
uft. 156. See Decies tantum.
Amba, (Sax. Amber, Lat. Amphora) A Veffel a
mong the Saxons: It contained a Meaſure of Salt,
Butter, Meal, Beer, &c. Leg. Ina Weft. Sax.
Amby, The Place where the Arms, Plate, Vef-
A
without Payment of Cofts: If he amend in Sub-
ftance, he is to pay Cofts, or give Imparlance; and
if he amend after a fpccial Plea, though he would
give Imparlance, he must pay Cofts. 1 Lill. 58.
Declaration in Ejectment, laid the Demife before
the Time; this was not amendable; for it would al
ter the Iffue, and make a new Title in the Plaintiff.
I Salk.
I
A
A M
A M
G
at Common Law, the Party was to pay a Fine for
Leave to amend. 3 Salk 29.
Amerciaments
merciament, Amerciamentum, (from the Fr. Mer-
ci) fignifies the pecuniary Punishment of an Offen-
der against the King, or other Lord in his Court,
that is found to be in Mifericordia, i. c. to have of
fended, and to ftand at the Mercy of the King or
Lord. The Author of Terms de Ley faith, that A-
merciament is properly a Penalty affeffed by the Peers
or Equals of the Party amerced, for the Offence
done; for which he putteth himself at the Mercy
of the Lord. Terms de Ley 40. And by the Statute
of Magna Charta, a Freeman is not to be amerced for
a fmall Fault, but proportionable to the Offence,
and that by his Peers. 9 H. 3. c. 4.
are a more merciful Penalty than a Fine; for which
if they are too grievous, a Releaſe may be fued by
an ancient Writ called Moderata Mifericordia. The
Difference between Amerciaments and Fines, is this ;
Fínes are faid to be Puniſhments certain, and grow
exprefly from fome Statute; but Amerciaments are
fuch as are arbitrarily impofed. Kitch. 78. Allo
Fines are impofed and affeffed by the Court: Amer-
ciaments by the Country: And no Court can impoſe
a Fine, but a Court of Record; other Courts can
only amerce. 8 Rep. 39, 41. A Court Leet can a-
merce for publick Nufances only. I Saund. 135. For
a Fine and all Amerciaments in a Court-Leet, a Di-
ftrefs is incident of common Right: But for Amer-
ciament in a Court-Baron, Diſtreſs may not be taken
but by Prefcription. 11 Rep. 45. When an Amer-
ciament is agreed on, the Lord may have an Action
of Debt, or diftrain for it, and impound the Di-
firefs, or fell it at his Pleafure: But he cannot
imprifon for it. S Rep. 41, 45. In Courts-Baron,
the Amerciaments ought to be affecred; but 'tis
otherwife of Fines impofed by a Court of Record.
2 inst. 27. In the Court-Baron, Tenants not doing
Suit of Court, Perfons making any Incroachments,
not performing what is ordered, or for other Miſ
demeanors there punishable, are to be ameiced:
Theſe Amercements are made upon Preſentment of
the Jury; and if they are grounded upon a void
Prefentment, the Amercements are alfo void. 1 Lill.
Abr. 72. There is alfo Amercement in Pleas in the
Courts of Record, when a Defendant delays to ten-
der the Thing demanded by the King's Writ, on
the firft Day. 1 Inft. 116. And in all Perfonal Ac-
tions without Force, as in Debt, Detinue, &. if
the Plaintiff be nonfuited, barred, or his Writ abate
for Matter or Form, he fhall be amerced: But if on
judicial Procefs, founded on a Judgment and Re-
cord, the Plaintiff be nonfuit, barred, &c. he shall
And an Infant if
not be amerced. 1 Nelf. Abr. 206.
nonfuited, is not to be amerced: 'Tis otherwife when
at Age. Fenk. Cent. 258. Sheriffs are to be amerced
for the Faults of their Officers; and Clerks of the
Peace arc amer eable in B. R. for grofs Faults in In-
diaments removed thither. Hill. 21 Car. The A-
mercement of the Sheriff, or other Officer of the
King, is called Amercement Royal. Terms de Ley.. A
Town fhall be amerced for the Elcape of a Mur-
1 Salk 48. The Plaintiff declared on the Statute | never to deftroy them: And where Amendments were
of Winton for a Robbery done to himſelf, when it
fhould have been of his Servants; he had Leave to
amend. 3 Lev. 347. If a Defendant pleads a Plea to
the Right, or in Abatement, the Plaintiff may a-
mend his Declaration; but not where he demurs, for
this Fault may be the Caufe of the Demurrer. 1 Salk
50. A Plea when only on Paper, upon Notice and
Payment of Cofts may be amended; but if the Plca
be entered on Parchment it is not amendable, being
a Plea of Record: After Demurrer, and after If
fue joined, a Plea may not be amended. A Demur-
rer may be amended, after the Parties have joined
in Demurrer, if it be only in Paper. Style 48.
Where a Plea fhall be amended, when in Paper, or
on Records, &c. See the Statute 4 Geo. 2. c. 26. Aǹ
Iffue entered upon Record, with Leave of the Court
may be amended; but not in a material Thing, or
in that which will deface the Record. 1 Lill. Abr.
61. A Record may be amended by the Court in a
fmall Matter, after Iffue joined, fo as the Plea be
not altered. Danv. Abr. 338. If on a Writ of Er-
ror a Record is amended in another Court in Af
firmance of the Judgment, it must be amended in the
Court where Judgment was given. Hardr. 505.
Where the Record of Nifi prius does not agree with
the original Record, it may be amended after Ver-
dict, provided it do not change the Iffue: But a
Record fhall not be amended to attaint the Jury, or
prejudice the Authority of the Judge. Mich. 8 W.
A General or Special Verdict may be amended by the
Notes of the Clerk of Affife in Civil Caufes; but
not in Criminal Actions. I Salk. 47. The Iffue
Roll fhall be amended by the Imparlance Roll, which
is precedent: But a Roll may not be amended after
Verdict, when there is nothing to amend it by; tho'
Surplufage may be rejected, and fo make it good.
Cro. Car. 92. 1 Sid. 135. A Miftake of the Clerk in
entering a Judgment; as where it was that the De-
fendant recovered, inftead of the Plaintiff, &c. was
ordered to be amended. Cro. Fac. 631. Hutt. 41. A
Judgment may be amended by the Paper-book figned
by the Mafter. i Salk. 50. At Common Law, the
Judges may amend their Judgmen's of the fame
Term; and by Statute of another Term. 8 Rep. 156.
14 E. 3. If judgments are not well entered, on
Payment of Cofts they will be ordered to be fo:
When Judgments are entered, 'tis faid the Defects
therein being the A&t of the Court, and not the
Mifprifion of the Clerk, are not amendable. Golsb.
104. Miftakes in Returns of Writs, Fines and Re-
coveries, made by mutual Affent of Parties may be
amended. 5 Rep. 45. Judgment fhall not be stayed
after Verdict, for that an Original wants Form, or
varies from the Record in Point of Form, which
are amendable. 4 Rep. 45. After Verdict given in
any Court of Record, there fhall be no Stay of
Judgment for Want of Form in any Writ, or infuf-
ficient Returns of Sheriffs, Variance in Form be-
tween the Original Writ and Declaration, &c. Stat.
32 H. S. 18 Eliz. Vide 5 Geo. 1. Where Judgment fhall
not be reverſed for Defects in Form or Subftance. It
is faid, there are only two Statutes of Amendments;
the 14 Ed. 3. c. 6: and 8 H. 6. c. 12. The reft bederer, in the Day-Time: And if the Town be walled,
ing Statutes of Jeofails; and the Statute of H. 6.
is but to enlarge that of Ed. 3. which extends only
to Procefs out of the Roll or Record, and not to
Proceedings in the Roll itself: But neither of thefe
Statutes extend to the Crown. Mod. Caf. 268, 285.
Imperfections and Defects are aided after Verdict,
by the Statutes of Jeofails: And by 4 & 5 Ann. all
Ann. all
the Statutes of Jeofails fhall be extended to Judg-
ments upon Confeffion, Nihil dicit, &c. Alfo upon
Demurrer, the Judges fhall give Judgment with-
out regarding Imperfections in any Writ, &c. ex-
cept the fame be fet down as Caufe of Demurrer.
Stat. 4 & 5 Anna, cap. 16. Amendments are usually
made in Affirmance of Judgments; and ſeldom or
'tis faid, it fhall be fubject to Amercement, whether
by Day or Night. 3 Inft. 53. Amerciaments are like-
wife in feveral other Cafes.
Ameffe, (from the Lat. Amicus) Is taken for a
prieftly Garment.
Amicia, (the fame with Almutium) A Cap made
with Goats or Lambs Skins; that Part whereof
which covered the Head was fquare, and one Part
of ic hung behind, and covered the Neck. Mona-
fticon 3 Tom. p. 36.
Ami&us, Was the uppermoft of the fix Garments
worn by Priests, tied round the Neck, and it co-
vered the Breaſt and Heart. Ne inde ad Linguam
Amicus,
tranfeat mendacium, ne vanitates cogitet.-
Alba
1
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4
ΑΝ
AN
!
1
Alba, Cingulum, Stola, Manipulus & Planeta.-Thefe
were the fix Garments of Pricfts.
·
Amicus Curie, If a Judge is doubtful or miſta-
ken in Matter of Law, a Stander-by may inform
the Court, as Amicus Cuvia. 2 Co. Inft. 178. In fomic
Cafes, a Thing is to be made appear by Suggeftion
on the Roll by Motion; fometimes by Pleading,
and fometimes as Amicus Curiæ. 2 Keb. 548. Any
one as Amicus Curie may move to quash a vicious
Indi&tment; for if there were a Trial and Verdict,
Judgment must be arrested. Comberb. 13. A Counfel
urg'd, that he might as Amicus Curie, inform the
Court of an Error in Proceedings, to prevent giving
falfe Judgment; but it was denied, unless the Party
was prefent. 2 Show. Rep. 297.
Dimittere Legem Terre, To lofe and be depri-
ved of the Liberty of Swearing in any Court: As
to become infamous, renders a Perfon incapable of
being an Evidence. Vide Glanvil, lib. 2. And fee
the Statute 5 Eliz. cap. 9. againft Perjury.
from the Ancients one is yearly chofen the Principal
or Treaſurer.
Ancient Demefue, or Demain (Vetus Patrimonium
Domini) Is a Tenure whereby all the Manors be-
longing to the Crown in the Days of St. Edward,
and William, called the Conqueror, were held. The
Number and Names of all Manors, after a Survey
made of them, were written in the Book of Domef
day; and thoſe which by that Book appear to have
at that Time belong'd to the Crown, and are con-
tained under the Title Terra Regis, are called An-
cient Demefne. Kitch: 98. Fitzherbert tells us, That Te-
nants in Ancient Demefne had their Tenures from
ploughing the King's Lands, and other Works to-
wards the Maintenance of the King's Freehold, on
which Account they had Liberties granted them.
F. N. B. 14, 228. And there were two Sorts of theſe
Tenures and Tenants; one that held their Lands
freely by Charter; the other by Copy of Court-
Roll, according to the Cuftom of the Manor. Brit.
c. 66. The Tenants holding by Charter cannot be
impleaded out of their Manor; for if they are,
they may abate the Writ by pleading their Tenure:
They are free from Toll, for all Things bought and
fold concerning their Subftance and Husbandry.
And they may not be impanelled upon any Inquest.
F. N. B. 14. If Tenants in Ancient Demefne are re-
turned on Juries, they may have a Writ de non po-
nendis in Affifis, &c. And Attachment against the
Amortization, (Amortizatio, Fr. Amortiffement) Is Sheriff. 1 Rep. 105. And if they are difturbed by
an Alienation of Lands or Tenements in Mortmain, taking Duties of Toll, &c. they may have Writs of
viz. to any Corporation or Fraternity, and their Monftraverunt, to be difcharged. Thefe Tenants are
Succeffors, &c. And the Right of Amortization is free as to their Perfons; and their Privileges are
a Privilege or Licence of taking in Mortmain. Jus fuppofed to commence by Act of Parliament; for
Amortizationis eft privilegium feu Licentia capiendi in they cannot be created by Grant at this Day.
Manum Mortuam. In the Statute De Libertatibus per1 Salk. 57. Lands in Antient Demefne are extendible
quirendis Anno 27 Ed. 1. the Word Amortifement is upon a Statute Merchant, Staple, or Elegit. 4 Inft.
Ammobzagíum, A Service-Terra in Com. Flint.
tenentur de Domino Rege per certa fervitia, & per Am
mobragium quod ad quinque Solidos- extenditur cum ac-
ciderit. Pat. 7 Ed. 2.
Amnesty, (Amnestia, Oblivio) An A&t of Pardon or
Oblivion, fuch as was granted at the Reſtoration by
King Charles II.
Amnitum Infulæ, Ifles upon the Weft Coaft of
Britain. Blount.
ufed.
Amoztíze, (Fr. Amortir) Is to alien Lands in
Mortmain. See Mortmain, and the Stat. 7 Ed. 1. of
amortizing Lands.
1.
Ampliation, (Ampliatio) An Enlargement, but in
Senfe of Law it is a Referring of Judgment, till
the Caufe is further examined.
amy, (Amicus) In Law Prochein Amy is the next
Friend to be trusted for an Infant. Alien Amy is a
Foreigner here fubje&t to fome Prince in Friendſhip
with us.
In Jour e tafte, (Fr.) Year, Day and Wafte;
a Forfeiture of Lands to the King by Tenants com
mitting Felony, and afterwards the Land falls to
the Lord.
Buceloz, (Anteceffor) Signifies as much as a Prede-
ceffor, or one that has gone before in a Family: But
the Law makes a Difference between what we com-
monly call an Anceſtor and a Predeceffor; the one
being applied to a natural Perfon and his Ancestors,
and the other to a Body Politick and their Prede-
ceffors. Co. Litt. A Prepoffeffor of an Eftate hath
been called Ancestor.
Buceftrel, What relates to or hath been done by
one's Anceſtors; as Homage Ancestrel, &c.
Anchor, Is a Meafure of Brandy, &c. containing
ten Gallons. Lex Mercat'.
/
Anchorage, (Ancoragium) A Duty taken of Ships
for the Ule of the Haven where they caft Anchor.
MS. Arth. Trevor, Ar. The Ground in Ports and
Havens belonging to the King, no Perſon can let
any Anchor fall thereon, without paying therefore
to the King's Officers.
Ancients, Gentlemen of the Inns of Court. In
Gray's Inn, the Society confifts of Benchers, Ancients,
Barristers, and Students under the Bar; and here the
Ancients are of the oldeſt Barristers. In the Middle
Temple, fuch as have gone through or are paft their
Readings are termed Ancients: The Inns of Chan
cery confift of Ancients and Students or Clerks; and
270 No Lands ought to be accounted Ancient De-
mefne but fuch as are held in Socage; and whether
it be Ancient Demefne or not, fhall be tried by the
Book of Domesday. A Loffee for Years, cannot plead
in Ancient Demefne: Nor can a Lord in Action a-
gaint him plead Ancient Demefne, for the Land is
Frank fee in his Hands. Danv. Abr. 660. In real
Actions, Ejectment, Replevin, . Ancient Demefne
is a good Plea;, but not in Actions merely Perfo-
nal. Dano. 658. If in Ancient Demefne a Writ of
Right Clofe be brought, and profecuted in Nature
of a Formedon; a Fine levied there by the Custom,
is a Bar: And if this Judgment be reverfed in C. B.
that Court fhall only judge, that the Plaintiff be
reftored to his Action in the Court of Ancient De-
mefne; unless there is fome other Caufe, which takes
away its Jurifdi&tion. Fenk. Cent. 87. Dyer 373.
A Fine in the King's Courts, will charge Amient
Demefne to Frank-fee at Common Law: So if the
Lord erffcoffs another of the Tenancy; or if the
Land comes to the King, &c. 4 Inft. 270. See Fine.
Ancient, (Fr. Anciennete, Lat. Antiquitas) Elder-
fhip or Seniority. This Word is ufed in the Sta-
tute of Ireland. 14 Hen. 3.
once.
Andena, A Swath in Mowing: It likewife figni-
fies as much Ground as a Man could ftride over at
nelacius, A fhort Knife or Dagger. Lorica
erat indutus, geftans Anelacium ad Lumbare. Mat.
Parif. 277.
Anfeldtyhde, or Anfealihile, A fimple Accufation;
for the Saxons had two Sorts of Accufations, viz.
Simplex and Triplex: That was called Single, when
the Oath of the Criminal and two more was fuffi-
cient to difcharge him; but his own Oath, and the
Oaths of five more were required to free him a tri
plici Acufatione. Somner. In the Laws of Adelſtan wc
read Et fi Anfeldtyhde fit, immergatur manus
poft Lapidem, vel examen ufque ad Wrifle. Leg. Adel-
tani, cap. 19. apud Brompton.
Bugaría,
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AN
Angaria, (from the Fr. Angarie, i. e. Perfonal
Service) Is a trouble fome vexatious Duty or Service
which Tenants were obliged to pay their Lords;
and they performed it in their own Perfons.
Terram liberam ab omnibus Angariis & Exactionibus,
c. MS. Eliam Afhmole Arm. Præftationes
Angariarum & Perangariarum, Plauftrorum & Na-
vium. Impreffing of Ships. Blount.
Angelica Weltis, A monkish Garment which
Laymen put on a little before their Deaths, that
they might have the Benefit of the Prayers of the
Monks. It was from them called Angelicus, becauſe
they were called Angeli, who by thefe Prayers ani-
ma faluti fuccurrebant. And the Word Succurrendum in
our old Books is underſtood of one who had put on
the Habit, and was near Death: Siquis ad fuccurren-
dum metu mortis fe loro prænominato dederit, illic recipie-
tur. Monafticon, 1 Tom. p. 632.
Angel, Signifies, in the Computation of Money,
ten Shillings of Engliſh Coin.
ΑΝ
Men and Times, by fixing the Obits of great and
good Men.
Anni Nubiles, (Lat.) When a Woman is under
12 Years of Age, her Age to marry, fhe is faid to
be infra annos nubiles, and unmarriageable; fo that
it fignifies the marriageable Age of a Woman.
2 Co. Inft. 434.
Anno Domini, The Computation of Time from
the Incarnation of our Saviour; which is generally
inferted in the Dates of all publick Writings, with
an Addition of the Year of the King's Reign, &c.
The Romans began their Era of Time from the
Building of Rome: The Grecians computed by Olym
piads; and the Chriftians reckon from the Birth of
Jefus Chrift.
as a
Innoifance, Annoyance, or Noifance, Is a Word
ufed for any Hurt done to a publick Place,
Highway, Bridge, River, &c. or to any private
Place, by laying any Thing therein that may breed
Infection, by Incroachments, or fuch like Means;
Angild, (Angildum) The bare fingle Valuation or and it is alſo taken for the Writ brought upon fuch
Compenfation of a Criminal; From the Sax. Ana Tranfgreffion. This Word is mentioned Anno 22
One, and Gild, Payment, Mul&t or Fine. Una So- H. S. c. 5. Vide Nufance.
lutio, Si Villanus furatus fuerit, &c. Et habeas plegium,
admoneas eum de Angildo Twigild was the double
Mula or Fine; and Trigild the Treble, according
to the rated Ability of the Perfon. Law of Ina,
c. 20. Spelm.
Bubiote, A fingle Tribute or Tax. The Words
Anblote and Anfcot are mentioned in the Laws of
William the Conqueror: And their Senſe is, that every
one ſhould pay according to the Cuſtom of the
Country, his Part and Share as Scot and Lot, &c.
Leg. W. 1. c. 64.
214.
niens, (Fr.) void, being of no Force. F. N. B.
Annales, Yearlings, or young Cattle of the firft
Year. Vituli primo Anno poftquam nati funt, Vituli
Vocantur; fecundo compoto Annales vocantur; tertio Bo-
viculi; quarto Bovetti. Regulæ compoti Domus
de Farendon MS.
cap. 2.
Annealing of Tile, (Anno 17 Ed. 4.) From the
Sax. Onalan, accendere, fignifies the Burning or Hard-
ening of Title.
Anniented, (from the Fr. Anneantir) Abrogated,
fruftrated, or brought to nothing. Lit. 3. cap. Sect.
741.
Annua Penfione, An ancient Writ for providing
the King's Chaplain unpreferred with a Penfion. It
was brought where the King baving due to him an
annual Penfion from an Abbot or Prior, for any of
his Chaplains whom he fhould nominate, (being
unprovided of Livings) to demand the fame of fuch
Abbot or Prior. Reg. Orig. 165, 307.
Annuale, A Word fignifying the yearly Rent or
Income of a Prebendary.
Annualía, A yearly Stipend affigned to a Prieft
for celebrating an Anniverfary, or for faying con-
tinued Maffes one Year, for the Soul of a deccafed
Perfon. Inhibemus quoque diftri&tius ne aliquis Rec-
tor Ecclefia faciat hujufmodi pactum cum fuo facerdote,
videlicet quod ipfe Sacerdos præter cxtera ftipendia po-
terit recipere Annualia & Triennalia. Conft. Rob.
Grofteft Epifcopi Lincoln. in Append. ad Fafcic.
pag. 411.
Annats, (Annates) This Word has the fame Annuity, (Annuus Redditus) Is a yearly Rent,
Meaning with Firft-fruits, Anno 25 H. 8. c. 20. payable for Term of Years, Life, or in Fee; and it
The Reafon of the Name is, becauſe the Rate of is uſed for a Writ that lies againſt a Perſon for Re-
the Firft-fruits paid for fpiritual Livings, is after the covery of fuch Rent. Reg. Orig. 158. Annuity hath
Value of one Year's Profit. Annates more fuo appellant alſo been defined to be a yearly Payment of a cer-
primos fructus unius anni facerdotii vacantis, aut dimi-tain Sum of Money, granted to another for Life,
diam eorum partem. Pol. Virgil de Invent, rer. lib. 8.c. to be received of the Grantor or his Heirs, fo
that no Freehold be charged therewith; whereof a
Man fhall never have Affife or other Action, but a
Writ of Annuity. Terms de Ley 44. The Treatife
called Doctor and Student, Dial. 1. cap. 3. fhews feve-
ral Differences between a Rent and an Annuity, viz.
that every Rent is iffuing out of Land; but an An-
nuity chargeth the Perfon only, as the Grantor and
Anniversary Days, (Dies Anniverfarii) Solemn his Heirs, who have Affets by Difcent: For the Re
Days appointed to be celebrated yearly in Comme-covery of an Annuity, no Action lies, but only the
moration of the Deaths or Martyrdoms of Saints; Writ of Annuity; but of a Rent the fame Remedy
or the Days whereon, at the Return of every Year, lies as for Lands; and an Annuity is never taken for-
Men were wont to pray for the Souls of their de- | Affets, becauſe it is no Frechold in Law; nor ſhall
ceaſed Friends, according to the Cuſtom of the Ro-it be put in Execution upon a Statute Merchant,
man Catholicks, mentioned in the Statute of Ed. 6.
cap. 14. and 12 Car. 2. cap. 13. This was in Uſe a-
mong our ancient Saxons, as you may fee in Lib.
Rames. Sect. 134- Anniverfaria dies ideo repe-
titur defunctis, quoniam nefcimus qualiter eorum caufa
babeatur in alia vita. Alcuinus's Divine Offices.
The Anniverſary or yearly Return of the Day of the
Death of any Perfon, which the Religious regifter'd
in their Obitual or Martyrology, and annually ob-
ferv'd in Gratitude to their Founders and Benefac-
tors, was by our Forefathers called a Year day and
a Mind-day, i. e. a Memorial Day: And tho' this
proceeded from one of the trading Arts of the
Priefts, who got many a Legacy for thus continuing
the Memorial of their Friends; yet abating the Su-
perftition of it, we must confefs this Practice of
theirs has been a great Advantage to the Hiftory of
4
Staple, or Elegit, as a Rent iffuing out of Land
may. Dyer 345. 2 Rep. 144. If no Lands are bound
for the Payment of an Annuity, a Diſtrels may not
be taken for it. Dyer 65. But if an Annu'ty iffue
out of Land, (which of late it often doth) the Gran-
tee may bring a Writ of Annuity, and make it Per-
fonal, or an Affife, or Diftrain, &c. fo as to make
it real. 1 Inft. 144. And if the Grantee take a Di-
ftrefs; yet he may afterwards have Writ of Annuity,
and discharge the Land, if he do not avow the Ta-
king, which is in Nature of an Action. 1 Inſt. 145.
But if the Grantee of a Rent bring an Affile for it,
he fhall never after have Writ of Annuity; he having
elected this to be a Rent; fo if the Grantee of an
Annuity avow the Taking of a Diſtreſs, in a Court of
Record. Danv. Abr. 486. And if the Grantce pur-
chaſe Part of the Land out of which an Annuity is
iffuing,
AN
A P
قرة
1
Antejuramentum, and Prejuramentum, Bý our
Ancestors called Furanientum Calumnia; in which
both the Accufer and the Accufed were to make
this Oath before any Trial or Purgation, viz. The
Accufer was to fwear that he would profecute the
Criminal; and the Accufed was to make Oath on
the very Day that he was to undergo the Ordeal,
that he was innocent of the Crime of which he was.
charged. Leg. Athelstan. apud Lambard 23. If the
Accufer failed to take his Oath, the Criminal was
difcharged; and if the Accufed did not take his,
he was intended to be guilty, and not admitted to
purge himfelf. Leg. Hen. I. c. 66.
Antiftitium, A Wörd uſed for Monaftcry in our
old Hiftories. Blount.
iffuing, he fhall never after have a Writ of Annuity pollice, cubito, & Palma, de Anful Balancibus & Men-
Co. Litt. 148. Where a Rent-charge iffuing out of Juris. Thorn. Chron.
Lands, granted by Tenant for Life, &c. determines
by the Act of God; as an Intercft was vefted in the
Grantee, it is in his Election to make it a Rent-
charge, and fo charge the Lands therewith, or a
Perfonal Thing to charge the Perfon of the Grantor
in Annuity: 2 Rep. 36. 4. fcifed of Lands in Fee,
he and. B. grant an Annuity or Rent-charge to ano-
ther; this prima facie is the Grant of A. and Confir-
mation of B. But the Grantee may have a Writ
of Annuity against both. If two Men grant an An-
nuity of 201. per Ann. altho the Perfons be feveral,
if the Deed of Grant be not for them feverally,
yet the Grantee shall have but one Annuity against
them. I Inft. 144. When a Man recovers in a Writ
of Annuity, he shall not have a new Writ of Annui
ty for the Arrears due after the Recovery, but a Antithetarius, Signifies where a Man endeavours
Scire facias upon the Judgment, the Judgment being to difcharge himself of the Fact of which he is
always executory. 2 Rep. 37. No Writ of Annuity accufed, by recriminating and charging the Accu-
lierb for Arrearages only when an Annuity is deter- fer with the fame Fact. This Word is mentioned
mined, but for the Annuity and Arrearages. I Inft. in the Title of a Chapter in the Laws of Canutus,
285. Though if a Rent-charge be granted out of a capite 47.
Leafe for Years, it hath been adjudged that the
Grantce may bring Annuity when the Leafe is ended.
Moor, cap. 450. Where an Annuity is granted to
one for Life, during the Term he hall have a Writ
of Annuity: And when that is determined, his Exe-
cutors may have Action of Debt; for the Realty
is then refolved into the Perfonalty. 4 Rep. 49.
New Nat. Br. 278. Upon a Rent created by Way of
Refervation, no Writ of Annuity lies. Danu. 483.
If a Man grants a Rent out of his Manor, or Lands,
or to be received of his Tenants, and he hath no
Manor, Lands, or Tenants, yet it may be a good
Annuity, though void as to a Rent. Dany. Abr. 485. Apoftata Capiendo, A Writ that formerly lay
A Perfon grants to me 101 every Year, that I thall against one who having entered and profeffed
be Refident in fuch a Pariſh; an Annuity lies for fome Order of Religion, broke out again, and
this, it being annual at my Will; and it is the fame wandered up and down the Country, contrary to the
if a Rent be granted payable at the End of a cer- Rules of his Order: It was directed to the Sheriff
tain Number of Years, though it be not annual for the Apprehenfion of the Offender, and Deli-
Ibid. 452. A Grant is made by a Perfon of an An- very of him again to his Abbot or Prior. Reg. Orig.
nuity to another and his Heirs, without the Grantor's 71, 267.
faying for him and his Heirs, this is determinable Apothecaries, Are exempted froin ferving Offices,
by the Death of the Grantor. Danu. Abr. 482. Writ&c. Their Medicines are to be fearched and exa-
of Annuity may not be had against the Grantor's mined by the Phyficians chofen by the College
Heir, unless the Grant be far him and his Heirs; of Phyficians, and if faulty fhall be burnt, &c.
and there must be Affets to bind the Heir, by Grant 32 Hen. 8. 1 M. And Apothecaries to the Army,
of an Annuity by his Anceftor, when he is named. are to make up their Chefts of Medicines at Apothe-
1 Inft. 144. 1 Roll. Abr. 226. An Annuity granted caries Hall, there to be openly viewed, &c. under
by a Bishop with Confirmation of Dean and Chap-the Penalty of 401. Stat. io Ann. cap. 14. 10 Geo. 1.
ter, fhall bind the Succeffor of the Bifhop. New See Phyficians.
patifatio, An Agreement or Compact made with
another. Upton, lib. 2. c. 12. De officio Militari,
viz. Concedimus per præfentes bonum & ſalvum conductum,
ac falvam guardiam five fecuritatem Apatifationis.
apoziare, To be brought to Poverty.
·Pers
mifit fuos fpoliare patriam, Aporiare vulgus. Walfing-
ham in R. 2. It hath been used fometimes to figni-
fy, fhun or avoid.
Apoftare, To violate: Apoftare Leges, and Apofta-
tare Leges, wilfully to break or tranfgrefs the Laws.
Qui Leges Apoftabit terræ fuæ, reus fit apud Re-
gem. Leg. Edw. Confefforis, c. 35.
་
Nat. Br. 340. If the King grant an Annuity, it Apparatoz, or Apparítoz, A Mcffenger that ferves
must be expreffed by whofe Hands the Grantee fhall the Procefs of the Spiritual Court. His Duty is
receive it, as the King's Bailiff, &c. or the Grant to cite the Offenders to appear; to arrest them;
will be void; for the King may not be fued, and and to execute the Sentence or Decree of the
execute the
no Perfon, is bound to pay it if not expreffed in the Judges, &c. Anno 21 Hen. S. cap. 5. In the Year
Patent. 9 H. 6. New Nat. Br. 341. If where 1316, Walter Archbishop of Canterbury granted the
an Annuity is granted pro Decimis, the Grantor is following Commiffion to an Apparitor of his Con-
disturbed of his Tithes, the Annuity ceafeth; and fiftory Court. Walterus Dei Gratia Cant. Ar-
fo it is where any Annuity is granted to a Perfon pro chiep. totius Anglia Primas, Dilecto filio Willielmo de
Confilio, and the Grantee refufeth to give Counfel: Graftone in Apparitoris Officio, in Curia noftra Can
For where the Cauſe and Confideration of the Grant tuar. videlicet, in Confiftorio ac Decanatu noftro Ecclefia
amounts to a Condition, and the one ceafes, the Beata Mariæ de Arcubus London, miniftranti Salutem,
other fhall determine. 1 Inft. 204.
Gratiam & Benedictionem. Perfonam tuam eo quod de
fidelitate in dicto Officio per laudabile Teftimonium apud
nos multipliciter commendaris volentes profequi cum favore,
canatu predictis perpetuo poffidendum tibi conferimus per
dictum Apparatoris Officium in Curia Confiftorio & De-
Prefentes: Ita tamen quod te fideliter geras in Officio pre-
dicto memorato. Volentes & tibi fpecialiter concedentes,
at cum in minifterio dicti Officii per teipfum perfonaliter
vacare non poteris, vel abfens fueris a Curia Confiftorio. S
Decanatu pradictis, nihilominus per aliam idoneam per
fonam, quem ad hoc affignandum omnia & fingula que
dicto incumbent Officio ·facere valeas, & jugiter
Dat. apud Lambith. 8 Id. Mart.
A Writ of Annuity.
И
EORGE the Second, &c. To the Sheriff of
GW. RG in the Second, Sc
W. greeting: We command you, that you Justice
A. B. that justly, &c. he render unto C. D. ten Pounds,
&c. which to him are in arrear of an Annuity or yearly
Rent of, &c. which he oweth to him, as he faith, and
as he can reasonably shew that he ought to render him, that
no more Clamour, &c. and unleſs, &c.
Grant of an Annuity, fee Grant.
exercere
niel, or Anful, fee Aunfel Weight De pede, 1316.
-
K
Apparator
A P
A P
1
J
Apparator Comitatus, An Officer formerly called
by this Name; for which the Sheriffs of Bucking-
hampire had a confiderable yearly Allowance; and
in the Reign of Queen Elizabeth, there was an
Order of Court for making that Allowance: But
the Cuſtom and Reaſon of it are now altered. Hale's
Sber: A:co. 104.
+
J
1
·
a Wife de facto to be entitled to Appeat; and if ſhe
marries again, before the Appeal is brought, or
whilft the fame is depending, her Appeal will be
gone. 2 Inf. 68, 17. If a Wife dies within the
Year, the Heir fhall have no Appeal. Kelso. 120.
And if after the Death of the Ancellor, the Heir
Male dies, 'tis faid another Heir fhall not have
Apparlement, (from the Fr. Pareilment, i. c. in Appeal. H. P. C. 182. For a Ferfon' that profecutes
like Manner) Signifies a Refemblance or Likeli- an Appeal muft be immediate Heir to the Ancestor
hood; as Apparlement of War. 2 R. 2. Stat. 1. c. 6. | killed, or his Suit fhall not be received. Staundf.
Apparura, Furniture and Implements; Apperti- 59. But where an Appeal lies against an Heir, the
nen. Dominus clamat habere omnes Carrectas ferro non li-next Heir fhall bring' it. H. P. C. 182. An Infant
gatas, omnes Carrucas cum tota Apparura. Placit. may profecute an' Appeal: And it is to be brought
in Itin. apud Ceftriam 14 Hen. 7. Carrucarum Appa-where the Felony is done, and the Party wounded
sura, is Plough-Tackle, or all the Implements be- fhall die. Staundf. 63. The Appellant is to commence
longing to a Plough.
his Appeal in Perfon; but he may procced by
Appeal, Appellum, (from the Fr. Appel or Appel Attorney, having a fpecial Warrant of Attorney
ler to accufe) Is a Word ufed in our Law for the filed. 1 Salk. 60. The Appeal must be brought in a
Removal of a Caufe from an inferior Court or Year and Day after the Death of the Perfon mur-
Judge to a Superior: But more commonly for the dered: And the Count mult fet forth the Fact, and
Accufation of a Murderer, by a Party who had In- the Length and Depth of the Wound, the Year,
tercft in the Perfon kill'd; or of a Felon by one of Day, Hour, Place where done, and with what
yone
his Accomplices. 1 Inft. 287. It fignifies as much Weapon, &c. And that the Party died in a Year
as Accufatio with the Civilians; for as in the Civil and Day. 2 Inft. 665. Principal and Acceffaries
Law, Cognizance of Criminal Caufes is taken ei- before and after are to be joined in Appeal. Dany.
ther upon Inquifition, Denunciation or Accufation; Abr. 493. And this is to be obferved, though the
fo in the Common Law, it is upon Indictment, or Acceffary is guilty in another County. 3 H. 7. c. 1.
Appeal, Indictments comprehending both Inquifition In Appeal by Original, Principals and Acceffaries
and Denunciation. And Accufation or Appeal is a are generally charged alike, without Diftin&tion, till
lawful Declaration of another Man's Crime (being the Plaintiff counts: But 'tis otherwife in Appeals
Felony at least) before a competent Judge, by one by Bill. Danv. 494. There is to be but one Appeal
that fets his Name to the Declaration, and under-against the Principal and Acceffary: If the Princi
takes to prove it, upon the Penalty that may enfue pal is acquitted, it fhall acquit the Acceffary; and
of the contrary. Bract. lib. 3. Brit. c. 22, 25. Staundf. both fhall have Damages against the Appellant on
lib. 2. cap. 6. An Appeal is profecuted two Ways; a falfe Appeal, or the Acceffary may bring a Writ
either by Writ, or Bill: Appeal by Writ is when a of Confpiracy. 33 Hen. 6. cap. 2. 2 Inft. 583. Tho'
Writ is purchafed out of Chancery by one for an- where a Perfon is acquitted on a juft Appeal, he
other, to the Intent he appeal a third Perfon of may be arraigned upon Indictment at the King's
fome Felony committed by him, finding Pledges Suit: And if a Murderer be acquitted upon Indict-
that he fhall do it: Appeal by Bill, is where a Man ment, or found guilty and pardoned by the King,
of himself gives up his Accufation in Writing, of the Wife or Heir may bring Appeal. Wood 629. If
fering to undergo the Burden of appealing the Per- the Defendant in Appeal is attaint, or acquit; or the
fon therein named. Bracton. By Stat. 3 Hen. 7. the Plaintiff Nonfuit after Appearance, which is pe-
Wife or Heir of a Perfon killed, are to bring their remptory, no other Appeal lies. H. P. C. 188. But
Appeal of Murder; which differs from Indictment, if the Appeal is good and well taken, and afterwards
being the Suit of the Subje&t, and the Party's pri- fails, the Defendant fhall be arraigned at the Suit
vate Action; who profecutes alfo for the Crown in of the King: "Tis otherwife if the Appeal was never
Refpe&t of the Felony. Litt. 116. And this is the good, or well taken; as if it abates for Mifnomer,
Reaſon that in Appeal of Death, &c. the King can-c. Staundf. 147, 148. If there be an Indi&ment
not pardon the Defendant. 3 Inft. 237. This Appeal and Appeal depending at the fame Time againſt the
may be brought by Bill before the Juftices in the fame Perfon, the Appeal fhall be tried first, if the
King's Bench; before Juftices of Gaol-Delivery, Appellant be ready. Kel. 107. Where the Appellant
and Commiffioners of Oyer and Terminer, &c. or be. doth not profecute his Appeal; or in Cafe he releaſe
fore the Sheriff and Coroner, in the County-Court: to the Defendant; the Appellee may be arraigned at
But the Sheriff and Coroner have only Power to the King's Suit. If the Defendant on an Indict-
take and enter the Appeal and Count; for it must ment is convicted of Manſlaughter, and allowed
be removed by Certiorari into B. R. Appeals may be his Clergy, it will bar an Appeal: Though fome of
likewife brought before the Conftable and Marshal, our Books tell us the Heir may lodge an Appeal
of Felony done out of the Realm. Wood's Inft. 628. immediately before Clergy had: And others fay
At Common Law, Appeals lay for High Treafon, Clergy ought to be granted, and that it is unreaſon-
and were uſually in Parliament. 3 Inft. 132. Burable an Appeal fhould interpofe prefently to prevent
this was ousted by Sat. 1 Hen. 4. cap. 14. By the Judgment. 3 Inft. 131. If a Perfon immediately
Common Law, a Man could not maintain an Appeal after the Verdict of Manflaughter, put in an Ap-
of Death, unless he had made fresh Suit. 2 Inft. peal of Murder, and before the Appeal is arraigned,
319. A Female might have an Appeal at Comnion the Defendant demands his Benefit of Clergy; this
Law, as Heir to any Anceftor, as well as the Male; is a good Bar to Appeal, and praying of Clergy, is
but by Magna Charta, nullus capiatur vel Ímpriſonetur having of Clergy, though the Court delay calling
propter Appellum fœmina de Morte alterius quam viri the Party to Judgment, &c. 1 Salk. 60, 62. Kel. 93.
fui, &c. 3 Salk. 37. The Heir Male is to bring the But formerly it was held, that the Court might de-
Appeal for the Death of his Anceftor; and the Wife lay the Calling a Convict to Judgment, and thereby
for the Death of her Husband, &c. 2 Inft. 318. hinder him from his Clergy, and make him liable
But the Husband fhall not have an Appeal for the to an Appeal, eſpecially if the Appeal were depend-
Death of his Wife; but the Heir only. Danv. Abr.ing: And where the Record of a Conviction of
488. An Heir fhall not have Appeal for the Death
of a Man married, except the Wife kill the Hus
band; in which Cafe the Heir may profecute the
Appeal. 1- Leon. 326. 1 Inft. 33. The Wife is to be
•
Manflaughter is erroneous, or infufficient, &c. the
Offender cannot plead the Conviction and Clergy
had therein, in Bar of an Appeal or fecond Indict-
ment, &c. 2 Hawk. P. C. 378, 379. A Charter of
Pardon,
5
A P
A P
}
Pardon, is no Bar of an Appeal: And if the Party | Shillings, then and there charged with Gunpowder and å
be outlawed, &c. in Appeal, and the King pardon leaden Bullet, which Piftol the faid R. D. in his Right
him, a Scire facias fhall iffue againſt the Appellant, Hand then and there had feloniously, wilfully, and of his
who may pray Execution, notwithstanding, fuch forethought Malice, directed against the Jaid T. B. he foot
Pardon; but if returned Sci, fec. and he appears off and difcharged, and with the faid leaden Bullet, by
not, then the Appellee hall upon the Pardon be dif Force of the faid Gunpowder out of the Pistol aforesaid,
charged. H. P. C. 251. When a Perfon is indicted fo as aforefaid directed, foot and difcharged, the faid
for Murder, and acquitted thereupon, he is to be T. B. in and upon the Right Side of the Breaft of him
bailed till the Year and Day is paft, allowed for the faid T. B. near his Right Shoulder, then and there
bringing the Appeal, if an Appeal be intended. feloniously, wilfully, and of his Malice forethought, ftruck,
3 Hen. 7. cap. I. A Peer in Appeal of Murder, ſhall pierced and wounded, and then and there the Jaid R. D.
not be tried by his Pecrs, but by a common Jury; with the faid Bullet, fo foot and difcharged from the
though he fhall upon an Indictment for Murder, faid Piftol as aforesaid, in and upon the faid Right Side
3 Hen. 7. In Writ of Appeal, the Omiffion of any of the Breaft of him the faid T. B. near his faid Right
Word that is material will deftroy it. H. P. C. 200. Shoulder, feloniously, wilfully, and of Malice forethought,
No Effoin is allowed the Appellant, in Appeal of gave to the fame T. B. one mortal Wound, of the Length
Death. Stat. 13 Ed. 1. In Appeal the Court can and Depth, &c. of which ſaid mortal Wound the faid
grant no Imparlance, but it may be adjourned. T. B. then and there inftantly died. And the faid T. E.
I Sid. 325. And where Appeal of Death is brought, the faid Day, &c. in the fame Year, at, &c. aforesaid,
the Defendant cannot juſtify fe Defendendo; but mult in the Place aforesaid, and in the King's Highway afore-
plead Not guilty, and the Jury are to find the fpe- faid, there feloniously, wilfully, and of kis Malice fore-
cial Matter. Bre. App. 122. 3 Salk. 37. Appeal is the thought, was prefent, abetting, aiding, comforting and
niceft Suit in Law, for any fmall Matter will abate maintaining the faid R.D. the Felony and Marder a-"
it; the Process must bear Date the fame Day with forefaid, in Manner and Form aforesaid, to do and com-
the Return of the Writ, if it be a Day after-mit: And fo the faid R. D. and T. Er the faid
wards, it is a Difcontinuance; and it varies from T. B. in Manner and Form aforefaid. feloniously,
all other Proceedings, for there can be no Amend-wilfully, and of their Malice forethought, killed and mur-
ment of the Writ, nor is the Difcontinuance of it dered, against the Peace of our faid Lord the King, his
helped by any Statute. Nelf. Abr. 215 Where a Crown and Dignity, &c. And as foon as the faid Fe-
Woman has Judgment in Appeal, of the Death of lons the faid Felony and Murder had committed, they fled;
her Husband, the cannot have Execution if he do And the faid J. B. Son and Heir of the faid T. B.
not perfonally pray it: A Judge went to a Woman made fresh Purfuit after the faid Felons, &c. And if
great with Child, to know if ſhe would have Exe- the faid R. D. and T. E. the Felony and Murder afore-
cution? She faid Yes, and the Appellee, was hanged. Said fo-as aforefaid done, are willing to avow and affirm,
Fenk. Cent. 137. By Statute an Appellant bringing then the faid J. B. is ready the faid Felony and Murder
a falfe Appeal, fhall fuffer a Year's Imprifonment, against them the faid R. D. and T. E. to prove, accord-
yield Damages to the Party grieved, and pay a ing as the Court of our faid Lord the now King here
Fine to the King, and being not able, thofe thar fhall confider thereof, and hath found Pledges to profecute
abetted him, fhall be puniſhed in like Manner. bis Appeal, &c.
Stat. 13 Ed. 1. cap. 12. There are not only Appeals
of Murder, but of Maihem, Rape, Robbery, &c.
す
​་
The Form of an Appeal of Murder.
Bliver of the Gaol of the Lord the King,
*
creafe Damages, on View of the Maihem, &c. And
though Maihem is not Felony, in Appeals and Indict-
ments of Maihem, the Words Felonice Maihemavit are
neceffary. 3 Inft. 63. Bracton calls Appeal of Mai-
hem Appellam de Plagiis & Mahemio, and writes a
whole Chapter of it. Lib. 3. Tract. 2. cap. 24. In an
Appeal of Maihem, the Defendant pleads that the
Plaintiff had brought an A&tion of Treſpaſs againſt
him, for the fame Wounding, and had recovered,
and Damages given, &c. And this was a good Plea
in Bar of the Appeal; becaufe in both Actions Da-
mages only are to be recovered. 4 Rep. 43. And
where there is a Recovery in Affault and Battery,
&c. the Jury give Damages according to the Hurt,
which was done, and it fhall be intended a Maihem
at that Time; and therefore Appeal of Maiḥem doth
not lic. Hob. 94. 1 Leon. 318. In Appeal of Maihem,
the Appellant may not plead in Abatement of the
Writ, and likewife over to the Maihem; if he doth,
he will lofe the Benefit of his Plea to the Writ.
Moor 457.
Appeal of Maihem, Is the Accufing one that
hath maimed another: But this being generally no
Felony, it is in a Manner but Action of Trefpaſs;
and nothing is recovered by it but Damages. In
Wilts. E it remember'd, That at the General De-Action of Affault and Maiming, the Court may in-
livery of the Gaol of the Lord the King, in
the County of W. held for the faid County at, &c. in
the County aforefaid, the Day, &c. in the Sixth Year of
the Reign of our Sovereign Lord George the Second, by
the Grace of God, of Great Britain, France and Ire-
land, Defender of the Faith, &c. before Sir F. P. and
A. D. Efq; &c. Fuftices of our faid Lord the King af
figned to hold Pleas, &c. and Justices of the faid Lord
the King, his Gaol there of the Prisoners in the fame be-
ing to deliver affigned, &c. J. B. Son and Heir of T. B.
deceafed, in his proper Perfon, by Bill earnestly appealed,
R. D. late of, &c. and T. E. &c. in the Custody of
W. C. Efq; Sheriff of the County aforesaid, to the Bar
there brought in their proper Perfons, of the Death of the
faid T. B. bis Father; and there are Pledges of profecu-
ting his faid Bill, that is to fay, John Doe and Ri-
chard Roe; which faid Bill follows in thefe Words:
Wilts. f. J. B. Son and Heir of T. B. late of, &c.
in the County of W. Efq; in his proper Perfon, earnestly
appeals R.D. late of, &c. Gentleman, and T. E. late
of, &c. in Custody of W. C. Efq; Sheriff of the County
of W. aforefaid, being to the Bar brought in their pro- Appeal of Rape, Lies where a Rape is commit-
per Perfons, of the Death of the faid T. B. his faid Fa- ted on the Body of a Woman. 3 Inft. 30. A Feme
ther; for that, that the faid R. D. not having God be- Covert, without her Husband, may bring Appeal of
fore his Eyes, but being moved and feduced by the Infti- Rape: And the Stat. 11 Hen. 4. cap. 13 gives Power
gation of the Devil, on the Day, &c. in the Year of the where a Woman is ravished, and afterwards con-
Reign, &c. with Force and Arms, &c. at the Pariffents to it, for a Husband, or a Father, or next of
of, &c. in the County of W. aforesaid, that is to fay, Kin, there being no Husband, to bring Appeal of
in a certain Place called, &c. in the King's Highway Rape; alfo the Criminal in fuch Cafe, may be at-
there, upon the faid T. B. in the Peace of God and of tainted at the Suit of the King. 3 Inft 131. 6 R. 2.
our faid Lord the King then and there being, feloniously, cap. 6. And if a Woman confent after, the is dif
cvilfully, and of his Malice forethought, made an Affault, abled to challenge any Inheritance, Dower, &c.
and the faid R. D. a certain Piftol of the Value of Tenby Stat. 6 R. 2. The Statute of Weflm. I cap. 13.
ena&s
1
A
X
A P
A P
"
enacts that Appeal of Rape fhall be brought within cap. 2. Where an Appeal in an Ecclefiaftical Caufe,
forty Days: But by Stat. Weftm. 2. c. 34. relating to is made before the Biſhop, or his Commiffary, it
this Offence, no Time is limited for the Profecu-may be removed to the Archbishop; and if before
tion; fo that it may be brought in any reafonable an Archdeacon, to the Court of Arches, and from
Time. H. P. C. 186. Appeal of Rape is to be com- the Arches to the Archbishop; and when the Caufe
menced in the County where committed: And if a concerns the King, Appeal may be brought in fifteen
Woman be affaulted in one County, and ravifhed Days from any of the faid Courts to the Prelates
in another, the Appeal of Rape lies in that County in Convocation. 24 Hen. 8. c. 12. And the Stat. 25
where fhe was ravifhed. H. P. C. 186. An Appeal of Hen. 8. cap. 19. gives Appeals from the Archbishop's
Rape was brought, and the Defendant found guilty; Courts to the King in Chancery, who thereupon ap
and being in Prifon, fome Exceptions were taken points Commiffioners finally to determine the Caufe;
to the Plaintiff's Declaration, for that it did not and this is called the Court of Delegates: There
fay Felonice & carnaliter cognovit, &c. And it was not is also a Court of Commiffioners of Review; which
averred that he did not confent, before nor after Commiffion the King may grant as fupreme Head,
the Fact: But thefe Points were not refolved; to review the definitive Sentence given on Appeal
however it was held, that though formerly the De- in the Court of Delegates. On taking away the
fendant might have his Clergy, 'tis taken away by Supremacy of the Pope in this Kingdom, this Power
the Stat. iS Eliz. cap. 17. Dyer 201..
was lodged in the Crown, as originally belonging to
it. 4 Inst. 340. The Dean of Wells was deprived of
his Deanery, by the Commiffary of the Bishop of
Bath and Wells, from which Sentence the Dean ap.
B. of, &c. in his proper Perfon earnestly appeals pealed to the Archbishop, who affirmed it; and there-
. exhibited an Appeal to the King in Chan-
C. D. late of, &c. in the Prifon, &c. according upon he
A
Form of an Appeal of Rape.
ㅁ
​to the Form of the Statute, made in the Parliament of cery, but found no Relief, for the King granted
the Lord Richard the Second, King of England, in the
Sixth Year of his Reign held, &c. for that, that is to
fay, That the faid C. D. the Day and Year, &c. at, &c.
in the County aforefaid, M. B. Wife of the faid A. B. fe
loniously ravished, and her carnally krew, against the
Form of the Statute aforefaid, &c. And as foon as, &c.
And this (the Felony and Rape aforefaid) the faid A. B.
is ready to prove against him the faid C. D. as the
Court, &c.
25
the Deanery to one. Turner: But Anno 1 Mar. the
deprived Dean obtained another Commiffion to the
Delegates, and by their Sentence was restored to
his Deanery; and after the Death of Queen Mary,
Eliz. Turner had a Commiffion of Review, and he
was reftored, though it was infifted there ought to
be no farther Appeal. Dyer 273. In the 39th Year of
Queen Eliz. Sentence being given in an Ecclefiafti-
cal Caufe, the Party against whom had, appealed to
the Archbishop, &c. who affirmed the Sentence;
Appeal of Robbery, A Remedy given by the then he appealed to the Delegates, and they repealed
Common Law, where a Perfon is robbed of his both the former Sentences: On which the Queen
Goods, &c. to have Reftitution of the Goods ftogranted a 'Commiffion ad revidendum the Sentence of
len As they could not be rettored on Indictment the Delegates, and it was held lawful. Cro. Eliz
at the King's Suit, this Appeal was judged necef- 571. The Bishop of Wincheſter is made Vifitor of
fary. 3 Inft. 242. If a Man robbed make freſh Pur | Magdalen College in Oxford; by whom the Preficent
fuit after, and apprehend and profecute the Felon, of the faid College was deprived, who appealed to
he may bring Appeal of Robbery at any Time after the Queen in Chancery: Refolved that the Appeal
wards. Staundf. 62. Adjudged, that an Appeal of doth not lic, for 'tis out of the Statutes 24
Robbery may be brought by the Party robbed twenry H. S. Dyer 209. See 4 Mod. 106.
Years after the Offence committed, and that he Appearance, In the Law fignifieth the Defen-
ſhall not be bound to bring it within a Year and a dant's Filing Common or Special Bail, when he is
Day, as he must do in Appeal of Murder 4 Leon arrested on any Procefs out of the Courts at Weft-
16. And if one Man robs feveral Perfons, every one minster: And there can be no Appearance in the
of them may have Aypeal: Likewife if the Robber Court of B. R. but by Special or Common Bail.
be attainted at the Suit of one, he fhall be tried at There are four Ways for Defendants to appear to
the Suit of the Reft, ſo as their Appeals were com- A&tions; in Perfon, or by Attorney; by Perfons of
menced before the Attainder. Danu. Abr. 494. In full Age, and by Guardians, or next Friend, by
Appeal of Robbery, the Plaintiff muft declare of all Infants. Show. 165. In all Cafes where Procefs if
Things whereof he is robbed, or they fhall be for- fues forth to take the Perfon's Body, if a common
feited to the King; for the Appellant can have Re-Appearance only, and not Special Bail is required,
ftitution for no more than is mentioned in his Ap-there every fuch Perfon may appear in Court in his
peal. 3 Inft. 227. By the Year-Book 21 Ed. 1. 16. proper Perfon, and file common Bail. 1 Lill. Abr.
Reftitution of Goods was granted upon an Outlaw-85. Hill. 22 Car. B. R. Perfons outlawed in any
ry, in Appeal of Robbery; but a Perfon having pre- Cafe, except for Treafon or Felony, may appear by
ferred an Indictment against a Robber, and after. Attorney to reverfe the fame without Bail; except
wards an Appeal, on which he was outlawed, the where Special Bail fhall be ordered by the Court.
Plaintiff moved to have Reftitution of his Goods, Stat. 45 W. & M. cap. 18. If a Man is bound to
and it was denied. 2 Leon 108. If the Count or De-appear in Court on the First Day of the Tern, it
claration in Appeal of Burglary be fufficient, and the fhall be intended the First Day in common Under-
Defendant is convicted at the Suit of the Party ftanding, viz. the First Day in full Term: And
upon the Appeal; he fhall not be again impeached where the Defendant appears upon any Procefs, tho
for the fame Offence at the King's Suit. 4 Rep. 39. the Day of Appearance be not lawful; yet 'tis faid
By Stat. 21 Hen. 8. cap. 11. The like Reftitution of
ftolen Goods may be had on Indictments after Attain.
der, as on Appeals: And Appeals of Rape and Rob
bery are now much out of Ufe; but the Appeal of
Murder ftill continues, and is often brought.
he fhall be put to Anfwer. I Lill. 83. 2 Leon. 4.
In Cafe the Defendant's Attorney doth receive a
Declaration against his Client from the Plaintiff's
Attorney; this obliges the Attorney to appear to it:
And if an Attorney has a Warrant from the De-
Appeal to Rome. This was ever efteemed fo fendant to be his Attorney in a Suit depending in
great an Interruption to National Juftice, that even B. R. and he files common Bail accordingly; it
at the Time the Roman Catholick Religion took has been held, that he muft appear by that Warrant
Place in this Kingdom it was prohibited. By the in all Suits against the Defendant in the ſame
Stat. 24. Hen. 8. Appealing to Rome incurs the Penalty Term; provided Declarations are filed in the Of
of a Pramunire: And it is made Treafon by 13 Eliz. fice, and Copies delivered to the Defendant, or his
I
Attorney,
}
C
A P
A P
}
M. c. 21.
•
;
•
Appenditia, The Appendages or Pertinences of an
Eftate Simon Earl of Northampton gave to the
Knights Templars his Manor of Merton in Com. Oxon.
cum omnibus Appenditiis fuis Kennet's Paroch.
Antiq. 110. Hence our Pentices, or Pent-Houfes
are called Appenditia Domus, &c.
Attorney, who filed the Bail, before the End of Fiſhing, Appendant to a Freehold: Land Appendant
the Term his Bail is filed. For the Defendant to an Office: A Seat in a Church to a Houle, &c.
being, after Appearance and Bail put in, fuppofed to But Land is not Appendant to Land, both being Cor-
be in Cuftody of the Marshal, the Attorney that ap- poreal,-and one Thing Corporeal may not be Appin-
pears for him is bound to receive any Declaration dant to another that is Corporeal; but an incorpo-
that is brought against him during that Term. Comp. real Thing may be Appendant to it. 1 Inft. 121. 4 Rep.
Attorn. Attornies fubfcribing Warrants to appear, 86. Danv. Abr. 500. A Foreft may be Appendant to
are liable to a Penalty of 5 1. and Attachment, upan Honour; and Waifs and Eftrays to a Leet. 1 Co.
on Non-appearance. And where an Attorney pro. Inft. 367. And Incorporeal Things, Advowfons,
miles to appear for his Client, the Court will com- Ways, Courts, Commons, and the like, are proper-
pel him to appear and put in Common Bail, in fuch ly Parcel of and Appendant to Corporeal Things;
Time as is ufual by the Courfe of the Court; and as Houfes, Lands, Manors, &c. Plowd. 170. 4 Rep.
that although the Attorney ſay he hath no Warrant 38. If Tenant in Tail of a Manor whereunto an
for Appearance: Nor fhall Repealing a Warrant of Advowfon is Appendant is diffeiffed, and the Diffeifor
Attorney to delay Proceedings, excufe the Attorney fuffers an Ufurpation; by the Diffeifee's entering
for his not appearing, who may be compelled by the into the Manor, he is reftored to the Advowfon.
Court. 1 Lill. 83, 84. The Defendant's Attorney is I Inft. 49. But if one Diffeife me of Common Ap
to file his Warrant the fame Term he appears, and pendant belonging to my Manor, and during the Dif
the Plaintiff the Term he declares, under Penalties feifin I fell the Manor; by this the Common is ex-
by Stat. 4 & 5 Ann. cap. 16. In Actions by Original, tin&t for ever. 4 E. 3. 21. 11 Rep. 47. Common of
Appearances must be entered with the Filazer of the Eltovers cannot be Appendant to Land; but to a
County; and if by Bill, they hall be entered with Houfe to be ſpent there. 1 Inft. 120. By the Grant
the Prothonotary: And Appearances and Common of a Meffuage, the Orchard and Garden will pafs
Bail are to be entered and filed by the Defendant as Appendant. Appendants are ever by Preſcription.
within eight Days after the Return of the Proceſs
on which he was arrefted, &c. on Pain of forfeiting
57. to the Plaintiff, for which the Court fhall forth-
with award Judgment and Execution. 5 & 6 W.
If the Defendant does not appear and
find Bail, the Plaintiff's Attorney is to call upon
the Sheriff for the Return of the Writ, whether
the Defendant be arreſted, or not; and proceed ac-
cordingly. On two Nihils returned upon a Scire &
Alias Scire facias, they amount to a Scive feci, and
the Plaintiff giving Rule, the Defendant is to ap-
pear, or Judgment fhall be had againft him by De-
fault: And where a Defendant doth not plead af-
ter Appearance, Judgment may be had against him.
Style 208. Upon a Party's Appearing, Errors in
Writs are in many Cafes falved, and the Party
may be obliged to anſwer as if there had been no
fuch Errors. 2 Hawk. 302. Where the firft Pro-
cefs in an inferior Court is a Capias which ought,
not to be, it is falved and made good by Appear-
ance; for the Defendant hath by his appearing ad-
mitted the Writ to be legal. Lutw. 954. And upon
Appearance, a Writ hath had its End, and the Plain-
tiff fhall declare: Alfo an Appearance takes away all
Discontinuance, and bad Procefs before it. Fenk.
Cent. 57. If Judgment is given by Default, where
the Defendant, doth not appear, the Writ ought to
be according to Law; but if he appears and pleads,
he flips his Advantage of excepting thereto. Ibid.
341. By late Statutes, where a Defendant is ferved
with a Copy of Process, in Actions of Debt, &c. un-
der iol. a common Appearance fhall be entered, or Apportionment, (Apportionamentum) Is a Dividing
common Bail filed by the Plaintiff, if the Defen- of a Rent, &c. into Parts, according as the Land
dant doth not appear within eight Days after the out of which it iffues is divided among two or more:
Return of the Writ; on Affidavit made of the Ser-As if a Man have a Rent-Service iffuing our of
vice of the Procefs. Stat. 12 Geo. I. c. 26. And a
Notice fhall be indorfed on the Copy of the Procefs,
of the Intent and Meaning of the Service, for the
Defendant to appear, &c. by, 5 Geo. 2. c. 17..
+
-
:
;
Appennage, or Apennage, (Fr.) Is derived from
Appendendo; or the German Word Apanage, fignifying
a Portion. It is uſed for a Child's Part or Portion
and is properly the Portion of the King's younger
Children in France, where by a Fundamental Law,
called the Law of Apennages, the King's younger
Sons have Dutchies, Counties, or Baronies granted
to them and their Heirs, &c. the Reverfion being
referved to the Crown, and all Matters of Regality
as to Coinage, and Levying Taxes in fuch Territo
ries. Spelman's Gloſſ.
Appenfura, The Payment of Money at the Scale,
or by Weight.-Dedit Regi prafato Appenfuram, no-
vem Librarum puriffimi auri juxta magnum pondus Nor-
mannorum. Hift. Elien. Edit. Gale, I. 2. c. 19.
Apples, A Duty is granted on all Apples imported
into Great Britain, to be paid before Landing there-
of, by Stat. 10 Geo. 2. c. 27.
Appodíare, Is a Word ufed in old Hiſtorians, and
fignifies to lean on, or prop up any Thing, &c.
Walfingham ann. 1271. Mat. Parif. Chron. Aula Rẹ-
gie ann. 1321:
Apponere, To pledge or pawn Accepté à fratre
Gulielmo fumma non Modicâ Normanniam illi appoſuit.
Neubrigenfis, Lib. 1. c. 2.
Land, and he purchaſeth Part of the Land, the
Rent fhall be apportioned with Refpect to the Value
of the Land. Terms de Ley 47. And if a Stranger
recovers Part of the Lands, a Leffee fhall pay, ha-
ving Regard to that recovered, and what remains
Form of a Notice upon Proceſs to appear. in his Hands. Where the Leffor recovers Part of
B. You are ſerved with this Process, to the Intent thereof; the Rent fhall be apportioned. 1 Inft. 148.
B. You are ſerved with this Process, to the Intent the Land: Or enters for a Forfeiture into Part
that you may by your Attorney appear in his If a Man leafes three Acres rendring Rent, and af
Majesty's Court of King's Bench, at the Return thereof, terwards grants away one Acre, the Rent fhall be
being the twenty-eighth Day of November next, in Orterwards
der to your Defence in this Action..
apportioned. Inft, 144. Leffee for Years leafes for
Years, rendring Rent, and after Devifes this Rent
Appearance by Guardian and next Friend, Vide to three Perfons, this Rent may be apportioned. Danv.
Infants, &c.
A
Appendant, (Appendens) Is a Thing of Inheri-
tance, belonging to another, Inheritance that is
more worthy. As an Advowfon, Common, Court,
c. may be Appendant to a Manor: Common of
*
Abr. 505. If a Leffce for Life or Years under Rent,
furrenders Part of the Land, the Rent fhall be ap-
portioned: But where the Grantee of a Rent charge
purchafes Part of the Land, there all is extinct.
Moor, c. 231. A Rent charge iffuing out of Land,
may not be apportioned: Nor fhall Things entire, as
L
+
if
D
1
1
A P
AP
if one holds Lands by Service to pay yearly to the Penalties of the Stat. 5 Eliz. And ſo if he ferve
Lord, at fuch a Feaft, a Horfe, &c. 1 Inft. 149. But feven Years, though he was never bound. 1 Salk.
if Part of the Land out of which a Rent-charge if 76. And Apprentices going into the Army in the last
fues defcends to the Grantee of the Rent, this fhall Wars, might fer up their Trades in the County
be apportioned. Danu. 507. A Grantee of a Rent re where born, though they did not ſerve out their
leafes Part of the Rent to the Grantor, this doth Times. Stat 10 & 11 W. 3. An Infant above the Age
not extinguish the Refidue, but it fhall be appor- of fourteen Years may bind himſelf with Cove-
tioned; for here the Grantee dealeth not with the nants to ferve as an Apprentice by the Cuftom of Lon-
Land, only the Rent. Co. Lit. 148. On Partition don: Infants voluntarily binding themfelves Appren
of Lands out of which a Rent is iffuing, the Rent tice, and continuing feven Years, fhall have the Be-
fhall be apportioned. Danv. Abr. 507. And where nefit of their Trades; but a Bond for their Service
Lands held by Leafe rendring Rent are extended fhall not bind them. Cro. Gar. 179. By the Cuſtom
upon Elegit, one Moiety of the Rent fhall be ap-of the City of London, an Apprentice may be turned
portioned to the Leffor. Ibid. 509. If Part of Lands over from one Mafter to ano:her: And if the Ma-
leafed is furrounded by fresh Water, there fhall be fter refufe to make the Apprentice Free at the End of
no Appointment of Rent: But if it be furrounded the Term, the Chamberlain may make him Free:
with the Sea, there fhall be an Apportionment of the In other Corporations, there must be a Mandamus
Rent. Dyer 56. A Man purchaſes Part of the to the Mayor, &c. to make him Free in fuch Cafe.
Land where he hath Common appendant, the Com- Danu. Abr 421. Wood's Inft. 51. A Freeman's Wi-
mon fhall be apportioned: Of Common appurtenant dow may take á Maid Apprentice for feven Years,
it is otherwife, and if by the A&t of the Party, the and inrol her as a Youth; if the be above fourteen
Common is extin&t. 8 Rep. 79. Common appen-Years old: And if an Exchange Woman, that hath
dant and appurtenant may be apportioned on Alicna- a Husband Free of London take fuch Apprentice, the
tion of Part of the Land to which it is appendant or fhall be bound to the Husband; and may be made
appurtenant. Wood's Inft. 199. If where a Perfon Free, at the End of the Apprenticeship, if he be then
has Common of Pafture Sans Number, Part of the unmarried. Lex Londinen. 4S. No Apprentice or Jour-
Lands defcends to him, this being intire and uncer-neyman' fhall be restrained by Bond or Oath from
rain cannot be apportioned: But if it had been Com keeping of a Shop. 1 Lill. Abr. 89. Whatever an
mon certain, it ſhould have been apportioned. I Inft. Apprentice gains is for the Ufe of his Master; and
Conditions generally are entire, and cannot whether he was legally bound or no, is not mate-
be apportioned by the A&t of the Party. 1 Nelf. Abr.rial, if he was an Apprentice de facto. Salk. 68. But
227. A Contract may not be divided or apportioned,
fo as to fubje&t a Man to two Actions. 1 Salk. 65.
Appoztum, (from the Fr. Apport) Signifies pro-
perly the Revenue or Profit which a Thing brings
in to the Owner: And it was commonly used for a
Corody or Penfion. It hath alfo been applied to
an Augmentation given to an Abbot out of the Pro-
fits of a Manor for his better Support, Ita quod
Proficua Manerii pradicti nomine Apporti, quolibet anno
prefeto A. in fubventionem fuftentationis fue folverentur,
&c. Anno 22 Ed. 3.
149.
Appofal of Sheriffs. The Charging them with
Money received upon their Accounts in the Ex-
chequer. Stat. 22 & 23 Car. 2.
the Stat. 12 Ann. relating to Servants ftealing and
purloining the Goods of their Mafters of the Valuc
of 40s. which is Felony, extends not to Apprentices
under fifteen Years old. Though an Apprentice or
Servant may be indicted of Felony for ftealing his
Mafter's Goods at Common Law, notwithstanding
the Statute 21 H. 8. 1 Hale's Hift. P. C. 666. For
inticing an Apprentice to leave his Service, A&tion of
the Cafe may be brought: And for inticing him to
imbezil Goods, Indictment will lie. I Salk. 380. A
Mafter may be indicted for not providing for, or
turning away an Apprentice. If a Mafter give his
Apprentice Licence to leave him, it cannot be after-
wards recalled. Mod. Ca 70: An Apprentice marries,
without the Maſter's Privity, that will not juſtify
his turning him away, but he muft fue his Cove-
Appiailers of Goods are to be fworn to make true
Appraiſement; and valuing the Goods too high, fhall
be obliged to take them at the Price appraiſed. Stat.nant. 2 Vern. 492. · By the Cuſtom of the City of
13 Ed. I.
Apprendze, (Fr.) A Fee or Profit Apprendre, is Fee
or Profit to be taken or received. Anno 2 & 3 Ed. 6.
сар. 8.
London, a Freeman may turn away his Apprentice for
Gaming. Ibid. 241. Tho' if a Mafter turns an Ap-
prentice away on Account of Negligence, &c. Equity
may Decree him to refund Part of the Money given
Apprentice, (Apprenticius, Fr. Apprenti, from Ap- with him. 1 Vern. Rep. 460. As no Apprentice can be
prender to learn) fignifies a young Perfon bound by made without Writing; fo none may be discharged
Indentures to a Tradefmen or Artificer, who upon by his Mafter, but by Writing under his Hand, and
certain Covenants is to teach him his Mystery or with the Allowance of a Juftice of Peace, by Sta-
Trade: Theſe Apprentices are a Kind of Bond-Men, tute. Dalt. 121. Juftices of Peace in their Ser
differing only in that they are Servants by Cove- fions may caufe diforderly Apprentices to be cor-
nant, and for a certain Term, ufually feven Years, rected and punished; or upon Complaint of the Ap-
and they live for the most part more reputably. prentice of ill Ufage from his Master, they may dif
Smith's Rep. Angl. lib. 3. cap. 8. Seven Years Appren-charge him. Stat. 5 Eliz. If an Apprentice doth not
ticeship is required to intitle a Man to uſe any Trade;
but this relates only to fuch Apprenticeship to Crafts or
Myfterics, and does not extend to getting of a Live-
lihood by mere Labour, where there is no Craft or
Myftery. 1 Roll. Rep. 10. A Brewer, and Baker are
publick Trades; and therefore the Law provides,
that they fhall ferve Apprenticeships to them for feven
Years; otherwife they will be within the Statute
5 Eliz. Though it is not fo, of a private Brewer,
in private Houſes. Fenk. Cent. 284. 8 Rep. 129. By
the Statutes 2 P. M. c. 11. 5 Eliz. c. 4. Aliens
and Denizens are reftrained to use any Handicraft
or Trade therein mentioned, unless they have ferved
feven Years Apprenticeship within the Realm, under
the Penalty of 40s. per Month. Hutt. 132. But it
bath been adjudged, that if an Apprentice ſerve ſeven
Years beyond Sea, he fhall be excufed from the
I
•
:
It
his Duty, the Mafter may complain to a Juftice,
whofe Bufinefs it is to reconcile the Difference if
he can; but if he cannot do it, the Juftice máy
commit the Apprentice to the House of Correction, or
bind him over to the Seffions, &c. 1 Mod: 286.
it faid, that the Juftices of Peace have the fame
Power of difcharging the Apprentice upon Complaint
of the Mafter, as upon the Apprentice's Complaint.
Ibid. 287. But it hath been held, that the Statute
never intended to give the Juftices Power to meddle
with Apprentices in all Trades, only in fuch as are
therein mentioned, and which were then uſed in
England, &c. And they cannot discharge any vo-
luntary Agreements or Covenants made between the
Parties. 5 Mod. Rep. 146. When a Mafter dies, the
Apprentice is to go to the Executor or Adminiftrator
to be maintained, if there be Affers; and the Exe-
cutor,
4
A P
A P
cutor, c. may bind him to fome other Mafter for &c. Plowd. 499. To make an Appropriation, the King's
the Remainder of the Time. Serving an Appren- Licence is to be obtained in Chancery, the Conſent
ticeſhip gains a Settlement by Statute in a Place of the Ordinary, Patron and Incumbent, where the
But a Covenant between a Maſter and a third Per- Church is full; and of the Diocefan, and Patron,
fon, the Servant not being Party, makes no Appren- if the Benefice is void. Plowd. 496. 15 R. 2. c. 6:
ticeship to gain a Settlement. Salk. 479. By Statute Appropriation made during the Vacancy of the Bene-
42 Eliz. c. 2. Churchwardens and Overſeers of the fice, is executed immediately; and when the Church
Poor may bind our poor Apprentices, by Affent of is full, by apt Words, the Patron is conftituted Par-
two Juftices of Peace: And Perfons receiving Mo fon, after it becomes void. 11 Rep. 11. An Appro
ney with poor Apprentices, where Money is given for priation may be by the King alone, where he him-
placing fuch out, are to give Security for Re-pay-felf is Patron; as when by Letters Patent he grants
ment in feven Years, for the Binding out others, the Advowfon which he is feifed of in Right of his
Exc. 7 Fac. 1. c. 3. And if any Perfon refufe to ac- Crown to a Dean and Chapter, &c. Plowd. 499. No
cept a poor Apprentice, he fhall forfeit 101. Stat. 8 & Appropriation can be made without Licence of the
9 W. 3. Alfo Juftices of Peace and Church-war- King. 8 Rep. 11. Nor may it be properly unlefs to
dens, &c. may put out poor Boys Apprentice to the a Spiritual Perfon capable of the Cure: It may be
Sea Service. 2 Ann. c. 6. A Duty of 6 d. in the to a Bishop, &c. and his Succeffors. Dani. Abr. 911.
Pound under 50l. and 12d. in the Pound for Sums Where Appropriations are made, a Vicar is to be en-
exceeding it, given with Apprentices (except poor dowed to ferve the Cure: And formerly in Li-
Apprentices) is granted by Statute; to be paid in a cences of Appropriation, it was expreffed that the Dio-
Month, within the weekly Bills of Mortality, and cefan fhould alſo provide a convenient Sum of Mo-
in any other Part of Great Britain within two Months ney to be yearly paid out of the Fruits, towards
after Indentures executed, &c. And if the full Sum the Suftentation of the Poor of the Parish. Stat.
agreed be not inferted, or the Duty not paid, In- 15 R. 2. c. 6. A Vicarage endowed may not be ap
dentures fhall be void, and Apprentices not capable propriated; but it may be united to another Church,
of following Trades; alfo the Mafters are liable to or to a Dean and Chapter, or College, with the
Penalties. 8 Ann. c. 9. But there are feveral Sta- King's Confent. Hob. 307. An Appropriation cannot be
tutes allowing further Time to pay the Duties, and affigned over, or furrendered to any; nor can it in-
ftamp Indentures, thro' Negle&t omitted, &c. Stat. dure longer than the Body Spiritual to which it is at
6 & 7 Geo. 1. & 2, 3 Geo. 2, &c.
first appropriated: But thofe to whom granted may
make Leafes of the Profits. Plowd. 499. If after an
Appropriation, a Clerk is prefented to the Bishop, and
inftituted and inducted, the Benefice returns to its
HIS Indenture made the Day and Year, &c. former Nature, and the Appropriation is diffolved.
Witneffeth, that m. B. Son of, &c. Hath of his 1 Rep. 13. But if Leffce for Years of an Appropria-
own free and voluntary Will placed and bound himself Ap- tion, prefents thereto, this Diſappropriation ſhall not
prentice unto C. D. of, &c. to be taught in the Trade, bind him in the Reverfion. Danv. 513. If a Feme
Science, or Occupation of, &c. which he the faid C. D. endowed of an Advowson appropriate preſents to it,
now ufeth, and with him as an Apprentice to dwell, the Appropriation is diffolved. 1 Inft. 46. If a Man
continue, and ſerve him from the Day of the Date hereof, recovers the Advowfon in Writ of Right, this difap-
unto the full End and Term of feven Years from thence propriates the Church: And Diffolution of the Spi-
next enfuing, and fully to be compleat and ended; during ritual Corporation disappropriates an Appropriation.
all which Term of feven Years, the faid Apprentice his Tho' Appropriation cannot properly be made, except
faid Mafter well and faithfully fall ferve, his Secrets to Spiritual Perfons, and their Succeffors; yer by
keep, his lawful Commands every where gladly do, Hurt the Statute 31 H. 8. the King's Patentees (altho'
to his faid Mafter he shall not do, nor wilfully fuffer to be Laymen) are rendered capable of Parfonages appro-
done by others, but of the fame to his Power hall forth- priate of diffolved Monafteries; but theſe are gene-
with give Notice to his faid Master; the Goods of his faid rally called Impropriations. Appropriations have been
Mafter he shall not Imbezil or Waste, nor them lend with judged an Abufe and Robbery of the Church and
out his Confent to any; at Cards, Dice, or any other un-Parish Priefts, &c. Kennet's Paroch. Antiq. 433.
lawful Games, he shall not play; Taverns, or Alehouſes
be shall not frequent: Fornication he shall not commit,
Matrimony he shall not Contract; from the Service of his
An Indenture of Apprenticeſhip.
The Form of a Grant of Appropriation.
Ciatis quod nos Dedimus, &c.
Decano & Capitulo
faid Mafter he shall not at any Time depart or abfent Ecclefia Cathedralis, &c. Advocation' Rectoria Eccle-
bis said
Things as a good and faithful Apprentice fhall and will fia Parochialis de, &c. Hahend. & Tenend. &c. iifdem
demean and behave himself towards his faid Mafter, and Decano & Capitulo & fuccefforibus fuis in perpetuum. Et
all bis, during the faid Term. And the faid Mafter his ulterius Sciatis per Præfentes quod nos de Gratia noftra
faid Apprentice the faid Trade, Science, or Occupation, Speciali ac Authoritate noftr. Regia fuprema & Ecclefia-
of, &c. which he now useth, with all Things thereunto ftica, qua nunc fungimur, pro nobis Hæredibus & Succef-
belonging, fhall and will teach and inftruct, or caufe to be foribus noftris Concedimus & Licentiam Damus predict.
well and fufficiently taught and inftructed, after the best Decano & Capitulo & fuccefforibus fuis Rectoriam & Ec-
Way and Manner that he can; and fhall and will also clefiam prædict. quando per Mortem, Refignationem, vel
find and allow unto his faid Apprentice, Meat, Drink, Deprivationem, aut per aliquem alium modum quemcun-
Wafing, Lodging and Apparel, both Linen and Woollen, que vacare contigerit, immediate in fuos proprios ufus Te-
and all other Neceffaries fit and convenient for fuch an Ap-nere fibi & fuccefforibus fuis in perpetuum poffint
prentice, during the Term aforefaid; and at the End
of the faid Term shall and will give to the faid Appren-
tice one new Suit of Apparel, &c. In Witness, c.
va-
leant abfque Moleftatione Impedimento noftro Hæredum
aut fuccefforum noftrorum ac hoc abfque aliqua Prefenta-
tione inductione five Admiffione alicujus Incumbentis ad
eandem Rectoriam extunc in pofterum fiend. ac ulteriu‹.
An Appropriation by the Patron or firft Founder, is
thus: Ego A. B. de, &c. Conceffi Ecclefiam & Alvoca
tionem meam de H. cum Terris & De.imis omnibus ad
eam pertinentibus, Decano de, Ec.
Appropriation, (Appropriatio, from the Fr. Appro-
prier) Is the Annexing of a Benefice, originally Furis
Divini in Patrimonio nullius, to the proper and per-
petual Ufe of fome religious Houfe, Bishoprick,
College, or Spiritual Perfon, to enjoy for ever. And
when Appropriation is made, the Patron is perpetual Appropriare Communam, To difcommon, and
Parfon, and hath perpetual Inftitution and Induction; inclofe any Parcel of Land, that was before open
for the Appropriation alone is a fufficient Admiffion, | Common- Anno D. 1299. The Prior and Con-
vent
-
+
1
A P
vent of Burceſter, granted to the Rector of Aberugge
and the Bon hommes of that Place, quod fibi poffint,
Appropriare, includere pro voluntate fua tres Acres
de Communi Paftura in Blakethorn, &c. Paroch. An-
tig. 33.6.
AR
A
roners may award Process to the Sheriff against Ap-
pellees in the fame County, on the Difcovery of
the Approver: And the Justices of Gaol-Delivery,
&c. have Power to award Procefs in any County to
apprehend and try them. 2 Hawk. Pl. Cor. 208.
Appzove, (Approbare) To augment a Thing to the Man may be an Approver against any Perfon within
utmolt: To approve Land is to make the best Benefit the Realm, if there be fuch a Perfon, and he be
of it, by increafing the Rent, &c. 2 Inft. 474.. named of the County wherein he dwells; but if
Approvement, Is where a Man hath Common in there be no fuch Perfon, the Approver ſhall be hang-
the Lord's Waste, and the Lord makes an Inclofure ged for his falfe Appeal. Ibid. 206. When a Perfon
of Part of the Wafte for himſelf, leaving fufficient hath once pleaded Not guilty, he cannot be an Ap-
Common with Egrefs and Regrefs for the Com-prover. 3 Inft. 129. And Perfons attainted of Trea-
moners. Reg. Jud. 8, 9. If there be not fufficient fon or Felony, fhall not be Approvers; their Accufa-
Common left for the Tenant, he may have a Writ tion will not then be of fuch Credit as to put a Man
of Affife, and fhall recover treble Damages. Stat.upon his Trial. 2 Hawk 205. Infants under Age
3 & 4 Ed. 6. c. 3. And a Commoner may break of Difcretion may not be approvers: And it being
down an Incloſure, if the Lord doth inclofe Part of in the Difcretion of the Court to fuffer one to be an
the Common, and not leave fufficient Room in the Approver, this Method of late hath feldom been prac-
Refidue. But if any, upon juft Title of Approve- tifed. But we have, in Cafes of Burglary and Rob-
ment, do make a Hedge or Ditch for that Purpofe, bery on the Highway, what feems to amount to the
which afterwards is thrown down in the Night by fame, by Statute; it being ordained, that where
Perfons unknown, the Towns adjoining may be di- Perfons charged with fuch Crimes, out of Priſon,
ftrained to make fuch Hedge, &c. for which there difcover two others concerned in the Crime, they
is a Noctanter Writ. Stat. 13 Ed. 1. c. 46. 2 Inft. fhall have a Pardon, &c. Stat. 5 Ann. c. 31.
474. Approvement is to be only by Inclofure; and
the Lord may not by the Statutes of Approvement
dig Pits for Gravel, or Coal, &c. 1 Roll. Abr. 90,
405. 9 Rep. 112. Approvement may be made be-
tween Neighbour and Neighbour, tho' one of them
dwell in another Town, if the Commons join toge-
ther; and if the Lord hath Common in the
nant's Ground, the Tenant may approve. 2 Inft. 475.
The Common is to be Common appendant or ap
purtenant, to be fubject to Approvement, and not
Common in grofs to a certain Number. The Word
Approvement is alfo uſed for the Profits of Lands
themſelves. Cromp. Furifd. 152. And the Statute of
Merton, 2 H. 3. makes mention of Land newly ap-
proved. F. N. B. 71. Approvement ann. 43 Eliz. c. 11.
Is the fame with Improvement Idem Approveamen-
Cum omnibus Approveamentis & aliis Perti-
nentiis fuis. Mon. Angl. 607.
tum
|
Appiuare, To take to his own Ufe or Profit, viz.
Domini vaftorum & Bofcorum, &c. Appruare fe poffunt
de vaftis, &c. W. 2. c. 20.
Appurtenances, (Pertinentia) Derived from the
French Appertenir, to belong to, fignify Things both
Corporeal and Incorporeal appertaining unto ano-
Tether Thing as Principal: As Hamlets to a Chief
Manor; and Common of Pasture, Pifcary, &c. Alfo
Liberties and Services of Tenants. Brit. cap. 39. If
a Man grant Common of Eftovers to be burnt in his
Manor, theſe are appurtenant to the Manor; for
Things appurtenant may be granted at this Day. Co.
Lit. 121. Common appurtenant may be to a Houfe,
Pafture, &c. Outhoufes, Yards, Orchards, and Gar-
dens are appurtenant to a Meffuage; but Lands can-
not properly be faid to be appurtenant to a Meffuage.
1 Lill. Abr. 91 And one Meffuage cannot be appur-
tenant to another. lbid. Lands cannot, as to the
Right of the Words cum Pertinentiis, be appurtenant
to the Houfe; but the Word Pertinens may be taken
in the Senfe of ufually letten or occupied with the
Houfe. Plowd. 170. Lands fhall pafs in a Leafe or
Devife of a Houfe with the Appurtenances, as per-
taining to the fame, when it hath been used and oc
cupied with it ten Years or more; which is judg'd a
fufficient Time to make it appertaining to the Houfe.
Cro. El 704. Lands, a Common, &c. may be ap-
purtenant to a House; though not a Way. 3 Salk 40
Grant of a Manor, without the Words cum pertineņ-
tiis, 'tis faid will pafs all Things belonging to the
Manor. Owen's Rep. 31. Where a Perfon hath a
Meffuage, &c. to which Eftovers are appurtenant,
and it is blown down or burnt by the A&t of God;
if the Owner re-edify it, in the fame Place and
Manner as before, he fhall have the ancient Appur·
tenances. 4 Rep. 86. A Turbary may be appurtenant
to a Honfe; fo a Seat in a Church, &c. but not to
Land; for the Things must agree in Nature and
Quality. 3 Salk. 40.
Approvers, Anno 9 H. 6. Bailiffs of Lords in their
Franchifes are called their Approvers: And Approvers
in the Marches of Wales were fuch as had Licence
De vendre & achater Beafts, &c. But by the Statute
2 Ed. 3. c. 12. Approvers are fuch as are fent into
Counties to increaſe the Farms of Hundreds, &c.
held by Sheriffs. Such Perfons as have the Letting
of the King's Demefnes in fmall Manors, are called
Approvers of the King (Approbatores Regis) Anno 51 H.
3. And in the Stat. 1 Ed. 3. c. 8. Sheriffs are called
the King's Approvers.
Approber, or zover, (Approbator) Is one that
confeffing Felony committed by himself, appealeth
or accufeth others to be guilty of the fame Crime.
He is called Approver in this Senfe, becauſe he muft
prove what he hath alledged; and that Proof was by
Bartle, or the Country, at the Ele&tion of him ap-
pealed; And the Form of this Accufation you may
find in Crompt. Fuft. 250. Sce alfo Bracton lib. 3.
Staundf. pl. Cor. 52. If a Perfon indicted of Treafon
or Felony, not difabled to accufe, upon his Arraign
ment, before any Plea pleaded, and before compe-
tent Judges, confeffeth the Indictment, and takes an
Oath to reveal all Treafons and Felonies that he
knoweth of; and therefore prays a Coroner to en-
ter his Appeal or Accufation against thofe that are
Partners in the Crime contained in the Indi&ment,
fuch a one is an Approver. 3 Inft. 129. H. P. C. 192.
Though the Approver is fworn to difcover all Trea-
fons and Felonies, he is not to be an Approver, but
of the Offence whereof he is indicted: And this.Ac-
cufation of himſelf, and Oath, makes his Accufa-
tion of another of the fame Crime to amount to an
Indi&ment; and if his Partners are convicted, the
King is to pardon him, as to his Life: But he ought
not to be fuffered to continue in the Kingdom. Co
4
1
Aquage, (Aquagium, quafi Aquæ Agium, i. e. A-
queductus Aquagangium) A Water-courfe.
Non liceat alicui de catero facere Dammas vel Fordas
aut alia Impedimenta in aliquibus landeis, Watergangiis,
Ffatis five Aquagiis communibus in Marifco predicto.
Ordin. Marif. de Romney fa&t. temp. Hen. 3. &
Ed. 1. p. 72.
Brabant, Ad Curiam Domini, Was intended of
thofe who held by the Tenure of Ploughing and
Tilling the Lord's Lands within the Manor, Spelm.
Gloff.
Wrace, (Angl.) To rafe, from the French Arra-
cher, Evellere.
Braho, In Araho conjurare, i. e. To make Oath in
the Church, or fome other Holy Place; for ac-
cording
1
G
}
τι
AR
cording to the Ripuarian Laws, all Oaths were made
in the Church upon the Relicks of Saints.
Pratrum Terræ, As much as can be tilled with
one Plough.- Hoc manerium eft 30 Aratrorum.
Thorn. Anno 616. Aratura Terra is the Service which
the Tenant is to do for his Lord in Ploughing his
Land.
*
|
A R
and determine the Controverfy referred to him; ſo
as it be Fuxta Arbitrium boni viri. Cowel.
拳
​•
Arca Cyzographica, Sive Cyrographorum Judæorum,
This was a common Cheft with three Locks and
Keys, kept by certain Chriftians and Jews, wherein
all the Contracts, Mortgages, and Obligations be-
longing to the Jews were kept, to prevent Fraud;
and this by Order of K. Rich. 1. Hoveden's Annals,
p. 745.
Archery, A Service of keeping a Bow, for the
Ufe of the Lord to defend his Caftle. Johannes
de, c. qui tenet de Dom. Reg. in capite ter Serjantiam
Archerie. Co. Litt. Sect. 157.
Arbitrament, (Arbitrium) Is the Sentence or De-
termination pronounced by Arbitrators, and publiſhed
when they have heard all Parties. And Arbitrament
is either General, of all Actions, Demands, Quar-
rels, &c. or Special, of fome certain Matters in
Arbitrator, (Lat.) Is a private extraordinary Controverfy: It may be alfo Abfolute, or Condi-
Judge between Party and Party, chofen by their tional. 8 Rep. 98. To every Arbitrament five Things
mutual Confents, to determine Controverfies be- are incident, 1. Matter of Controverfy. 2. Submif-
tween them. Weft. Symb. Sect. 21. And Arbitrators fion. 3. Parties to the Submiffion. 4. Arbitra-
are ſo called, becauſe they have an Arbitrary Power; tors. 5. Giving up the Arbitrament. Hardr. 44. Ar-
for if they obferve the Submiffion, and keep within bitrators can't refer Arbitraments to others, if the Sub-
due Bounds, their Sentences are definitive, from miffion be not fo: But an Arbitrament that one ſhall
which there lies no Appeal. 1 Roll. Abr. 251. The Releafe to another, by Advice of a certain Perſon,
Award of Arbitrators is definitive, and being chofen this is good: becaufe 'tis a Reference only for the
by the Parties, they are not tied to fuch Formali- Execution of it. Fenk. Cent. 129. Submiffions to
ties of Law as Judges in other Cafes are; and yet Arbitrament, are ufually by Bond; and the Parties
they have as great Power as other Judges to deter-who bind themſelves are obliged to take Notice of
mine the Matters in Variance; but their Determi- the Award, at their Peril: But Things relating to
nation must be certain, and it is to be according a Freehold; Debts due on Bond; or on certain
to the exprefs Condition of the Bond by which Contract; Criminal Offences, &c. are not arbitra-
the Parties fubmit themſelves to their Judgment. ble. Danu. Abr. 513. 9 Rep. 78. 1 Roll. Abr. 342,
1 Nelf. Abr. 234. Dyer 356. The Chancery will not 244. See Award.
give Relief against the Award of the Arbitrators,
except it be for Corruption, &c. And where their
Award is not ftri&ly binding by the Rules of Law,
the Court of Equity can decree a Performance.
Chanc. Rep. 279. 1 Vern. 24. But when Arbitrators
make their Award upon one Day, they cannot make
another Award between the Parties on any other
Day: Nor can they do it Part at one Time, and
Part on another, altho' all the Times are within
the Submiffion. 26 Hen. 6. 52. 39 Hen. 6. 12. Yet
the Arbitrators may agree upon a Thing one Day,
and of another Thing another Time, and at last Archbishop, Archiepifcopus) Is the Chief of the
make an Award of the whole. 47 Ed. 3. 21. 2 Mod. Clergy in his Province, and is that Spiritual Secu-
Entr. Engl. 262. Arbitrators are to a ward what is equallar Perfon, who hath fupreme Power under the
between the Parties, and not on one Side only; and King in all Ecclefiaftical Caufes: And the Manner
the Performance of it must be lawful and poffible; of his Creation and Confecration, by an Archbishop
alfo the Award muſt be final. 1 Inft. 206. 1 Roll. Abr. and two other Bishops, &c. You may find in the
242,- If the Arbitrators make an Award of Stat. 25 Hen. S. c. 20. An Archbishop is faid to be in-
Mone to be paid to a Stranger, &c. unless the Par-throned, when a Bishop is faid to be installed; and
ties have Benefit by it, it will be void. 2 Saund. there are four Things to compleat a Bishop or Arch-
122. 1 Lill. 169. And a Party is not to be made a bishop, as well as a Parfon : First, Election, which
Judge in his own Caufe by Award.. 1 Salk. 71. refembles Prefentation; the next is Confirmation,
Where a Thing is to be done on Payment of Mo and this refembles Admiffion; next Confecration,
ney, a Tender of the Money is as much as an ac- which reſembles Inſtitution ; and the laft is Inftalla-
tual Payment. Mod. Caf. 33. Action of Debt may tion, refembled to Indu&tion. 3 Salk. 72. In ancient
be brought for Money adjudged to be paid by Ar Times the Archbishop, was Bifhop over all England,
bitrators, declaring on the Award; and alfo Action as Austin was, who is faid to be the firft Archbishop
of Debt upon the Bond for not performing the here; but before the Saxon Conqueft, the Britains
Award. Brownl. 55. Sometimes Matters are referred had only one Biſhop, and not any Archbishop. 1 Roll.
by the Judges at the Affifes to the three Foremen Rep. 328. 2 Roll. 449. The Archbishop of Canter-
of the Jury, in the Nature of Arbitrators; and after bury is now ftiled Metropolitanus Primas totius An-
&
their Award is made, the Plaintiff may have At-glia; and the Archbishop of York tiled Primas Me-
tachment, &c. to oblige Performance. i Salk. 84. tropolitanus Anglia. They are called Archbishops in
When there is but one Arbitrator, which happens Refpe&t of the Bishops under them; and Metropo-
where the Matter is referred to two, and they can- litans, because they were confecrated at first in the
not agree, but leave it to be determined by a third Metropolis of the Province. 1 Inft. 94. Both the
Perfon, it is called an Umpirage. 8 Rep. 98. But the Archbishops have diftin&t Provinces, wherein they have
Arbitrators are to refufe, and declare they will make Suffragan Bishops of feveral Diocefes, with Jurif
no Award, before the Umpire fhall proceed: Tho' diction under them. And each hath two concurreat
an Umpire's Award fhall be good where the Arbi- Jurifdi&tions, one as Ordinary, or the Bishop him.
trators make a void Award, which is no Award. felf within his Diocefe; the other as Superinten
1 Lill. Abr. 170. It is faid an Umpirage cannot be dant throughout his whole Province of all Eccle-
made till the Arbitrators Time is out; and if any fiaftical Matters, to correct and fupply the Defects
other Power be given to the Umpire it is not good, of other Bishops. The Archbishop of Canterbury hath
for two Perfons cannot have a feveral Jurifdiction the Privilege to crown all the Kings of England;
at one Time. 1 Mud. Rep. 15. Arbitrators are gene- and to have Prelates to be his Officers; as for In-
rally where the Parties think it more fafe to refer ftance; the Bishop of London is his Provincial
the Matters in Variance, to the Determination of Dean, the Bishop of Winchefter his Chancellor, the
Friends, than to venture a Trial at Law. And the Bishop of Lincoln his Vice-Chancellor, the Bishop
Civilians make a Difference between Arbiter and of Salisbury his Precentor, the Bishop of Worcester
Arbitrator: An Arbiter is tied to proceed and judge his Chaplain, &c. It is the Right of the Archb shop.
according to Law mingled with Equity; but an Ar-to call the Bishops and Clergy of his Province to
bitrator is wholly at his own Difcretion, without So- Convocation, upon the King's Writ: He hath a Ju-
lemnity of Procefs or Courfe of Judgment, to hear rifdiction in Cafes of Appeal, where there is a fup-
pofed
M
A R
A R
1
·
1
To the
poſed Default of Juftice in the Ordinary; and has 1 (being exempt from the Authority of the Bishop of
a ftanding Jurifdiction over his Suffragans: He con- London) of which the Parish of Bow is the Princi
firms the Election of Bishops, and afterwards con- pal. The Perfons concerned in this Court, are the
fecrates them, &c. And he may appoint Co-adju- Judge, Advocates, Regifters, Proctors, &c. And
tors to a Bifhop that is grown infirm. He may the Foundation of a Suit in thefe Courts, is a Ci-
confer Degrees of all Kinds; and cenfure and ex-tation for the Defendant to appear; then the Libel
communicate, fufpend or depofe, for any juft Caufe, is exhibited, which contains the A&ion, to which
&c. 2 Roll. Abr. 223. And he hath Power to grant the Defendant muft anſwer; whereupon the Suit is
Difpenfations in any Cafe, formerly granted by the contefted, Proofs are produced, and the Caufe de-
See of Rome, not contrary to the Law of God: termined by the Judge, upon Hearing the Advo
But if the Cafe is new and extraordinary, the cates on the Law and Fact; when follows the Sen-
King and his Counfel are to be confulted. Stat. 25tence or Decree thereupon.
H. S. He may retain eight Chaplains: And during Archives, (Archiva, from Arca, a Cheft) The
the Vacancy of any Sce, he is Guardian of the Rolls, or any Place where antient Records, Char-
Spiritualties. Stat. Ibid. and 21 H. 8.
ters and Evidences, belonging to the Crown and
Archdeacon, (Archidia onus) Is one that hath Ec-Kingdom, are kept; alfo the Chancery, Exchequer
clefiaftical Dignity, and Jurifdiction over the Clergy Office, &c. And it hath been fometimes ufed for
and Laity next after the Bishop throughout the Repofitories in Libraries.
Diocese, or in fome Part of it only. Archdeacons Wreriefment, Surprife, Affrightment.
had antiently a fuperintendant Power over all the great Areriefment and Eftenyfement of the Common
Parochial Clergy in every Deanery in their Pre-Law. Rot. Parl. 21 Edw. 3.
cincts; they being the Chiefs of the Deacons ; Aríerban, The Edi&t of the King, commanding
Tho' they have no original Jurifdi&tion, but what all his Tenants to come into the Army: If they re-
they have got is from the Bishop, either by Pre-fufe, then to be deprived of their Eftates.
fcription or Compoſition; and Sir Simon Degg tells
us, that it appears an Archdeacon is a meer Subfti-
tute to the Bishop; and what Authority he hath is
derived from him, his chief Office being to vifit
and enquire, and Epifcopo Nunciare, &c. In ancient
Times, Archdeacons were employ'd in fervile Dutics
of collecting and diftributing Alms and Offerings;
but at length by a perfonal Attendance on the Bi-
fhops, and a Delegation to examine and report
fome Caufes, and Commiffions to visit the remoter
Part of the Diocefes, they became as it were Over-
feers of the Church; and by Degrees advanced
into confiderable Dignity and Power. Lanfranc,
Archbishop of Canterbury, was the firft Prelate in
England who inftituted an Archdeacon in his Dioceſe,
which was about the Year 1075. And an Archdea
con is now allowed to be an Ordinary, as he hath
a Part of the Epifcopal Power lodged with him.
He vifits his Jurifdiction once every Year: And he
hath a Court, where he may inflict Penance, fufvendidit quintam partem Manerii de Berterton Hen-
pend, or excommunicate Perfons, prove Wills, rico Scor, & cepit de predicto Henrico tres Denarics
grant Adminiftrations, and hear Caufes Ecclefiaftide Argento Dei præ manibus. Placit. apud. Caſt.
cal, c. fubject to Appeal to the Bishop of the 2 Ed. 3.
Diocefe. It is one Part of the Office of an Arch- Argil, or Argoil, Clay, Lime, and fometimes
dearon to examine Candidates for Holy Orders; and Gravel; alfo the Lees of Wine, gathered to a cer-
to induct Clerks within his Jurifdi&tion, upon Re-tain Hardneſs. Law Fr. Dict.
ceipt of the Bishop's Mandate. 2 Cro. 556. 1 Lev.
193. Wood's Inft. 30.
rentare, To Rent out, or let at a certain
Richardus de Armeftone Ballivus
Rent.
Manerii de Kingsford, malitiofe & per violentiam dictos
Religiofos de eadem pifcaria ejecit, & ipfum Domino
fuo Arentari fecit in 12 fol. quos idem Dominus per 6
annos recepit. Confuetud. Domus de Farendon, MS.
fol. 53.
Argentum Album, Silver Coin, or Pieces of Bul-
lion that anciently paffed for Money. By Domesday
Tenure, fome Rents to the King were paid in Ar-
gento Albo, common Silver Pieces of Money; other
Rents in Libris Urfis & Penfatis, in Metal of full
Weight and Purity: In the next Age, that Rent
which was paid in Money, was called Blanch fearm;
and afterwards White Rent; and what was paid in
Provifion, was termed Black Mail. Spelm. Gloff.
Argentum Dei, God's Money, i. e. Money gi
ven in Earneft upon the Making of any Bargain;
Adam de Holt
Hence comes Arles, Earnest.
1
Argumentofus, A Word which fignifics Ingenious,
mentioned by our Hiftorian Neubrigenfis. In Picturis
quoque opera Argumentofa vocamus. Lib. 1. c. 14.
Arches Coutt, (Curia de Arcubus) The chief and
moft antient Confiftory Court belonging to the Arch-
bishop of Canterbury for the Debating of Spiritual
Caufes. It is fo called from the Church in London,
commonly called St. Mary le Bow, (where it was
formerly held) which Church is named Bow Church
from the Steeple which is raiſed by Pillars, built
archwife, like fo many bent Bows. Cowel. The Judge
of this Court is ftiled the Dean of the Arches, or
Official of the Arches Court: He hath extraordi-
nary Jurifdiction in all Ecclefiaftical Caufes, except
what belongs to the Prerogative Court; alfo all
Manner of Appeals from Bishops or their Chan-
cellors or Commiffaries, Deans and Chapters, Arch-ving him the whole Armour.
deacons, &c. first or laft are directed hither: He
hath ordinary Jurifdi&tion throughout the whole
Province of Canterbury, in Cafe of Appeals; fo
that upon any Appeal made, he, without any far
ther Examination of the Caufe, fends out his Cita-
tion to the Appellee, and his Inhibition to the
Judge from whom the Appeal was made. Of this
Tee more 4 Inft. 337. But he cannot cite any Per-
fon out of the Dioceſe of another, unless it be on
Appeal, c. 23 H. 8. c. 9. In another Senfe the
Dean of the Arches has a peculiar Jurifdi&tion of
thirteen Parishes in London, called a Deanery,
Brictum Lebatío, An old fportive Exercife,
fuppofed to be the fame with running at the
Quintal.
Arma dare, To dub or make a Knight. Anno
Dom. 1144. 10 Steph. Ego Brientius filius Comitis,
quem honus Rex Henricus nutrivit, & cui Arma dedit
& honorem. A. D. 1278. 31 Ed. 3. Arma capere is to
be made a Knight. Kennet's Paroch. Antiq. pag. 2SS.
And in Walfingham, pag. 507. Die Dominica in Vigilia
Purificationis Edwardus juvenis fufcepit Arma Militaria.
The Word Arma in thefe Places fignifics only a
Sword; but fometimes a Knight was made by gi-
-Lanfrancus
Dorobernenfis Epifcopus eum lorica induit, & galeam
capiti impofuit, eique & Regis filio Militia cingulum in
nomine Dei cinxit. Ordericus Vitalis, lib. 8. de Henri-
co, &c.
Irma Libera, A Sword and a Lance which were
ufually given to a Servant when he was made free.
Leg. Will. cap. 65.
Irma moluta, Sharp Weapons that cut, oppos'd
to fuch as are blunt, which only break or bruiſe.
Bract. lib. 3. Arma moluta plagam faciunt, ficut gla
diis hujufmodi: Ligna vero & lapides, brufuras, Orbes
& i&tus, qui judicari non poſſunt ad plagam, ad hoc ut
inde
4
AR
AR
1
t
:
inde venire poffit ad Duellum. They are called Arma
emolita by Fleta, lib. 1. c. 33. par. 6.
Wrma Beverfata: This was when a Man was con-
victed of Treafon. or Felony: Thus our Hiſtorian
Knighton, fpeaking of Hugh Spenfer, tells us, Primo
vestierint eum uno veftimento cum Armis fuis reverfatis.
Lib. 3. p. 2546.
Armiscare, Is a Sort of Punishment decreed or
impoſed on an Offender by the Judge. Malmsb.
lib. 3. p. 97. Walfingham, p. 430. At first it was to
carry a Saddle at his Back in Token of Subje&tion.
viz. Nudis veftigiis equeftrem fellam ad fatisfaciendum
humeris ferret. Brompton fays, that in the Year 1176,
the King of Scots promifed K. Hen. 2. at York, Lan-
ceam & ſellam fuam fuper Altare Sancti Petri ad per-
petuam hujus fubjectionis memoriam offerre.
•
Armigeri, A Title of Dignity, belonging to fuch
Gentlemen that bear Arms: And thefe are either
by Curtefy, as Sons of Noblemen, eldeft Sons of
Knights, &c. Or by Creation, fuch as the King's
Servants, c. The Word Armigeri has also been
applied to the higher Servants in Convents. Paroch.
Antiq. 576. See Efquire.
Armour and Arms, In the Understanding of Law,
are extended to any Thing that a Man wears for
his Defence, or takes into his Hands, or ufeth in
Anger to ftrike or caft at another. Crompt. Juft. 65.
Arms are alfo what we call in Latin Infignia, En-
figns of Honour; as to the Original of which, it
was to diftinguiſh Commanders in War; for the
ancient defenfive Armour being a Coat of Mail, &c.
which covered the Perfons, they could not be di-
ſtinguiſhed, and therefore a certain Badge was
painted on their Shields, which was called Arms;
but not made hereditary in Families till the Time
of King Rich. 1. on his Expedition to regain Feru-
falem from the Turks: And befides Shields with
Arms, they had a Silk Coat drawn over their Ar-
mour, and afterwards a ftiff Coat, on which their
Arms were painted all over, now the Herald's Coat
of Arms. Sid. Rep. 352. By the Common Law it is
an Offence for Perfons to go or ride armed with
dangerous and unuſual Weapons: But Gentlemen
may wear common Armour according to their Qua-
lity, &c. 3 Inft. The King may prohibit Force of
Arms, and punish Offenders according to Law; and
herein every Subject is bound to be aiding. Stat.
7 Ed. 1. None fhall come with Force and Arnis be-
fore the King's Juftices, nor ride armed in Affray
of the Peace, on Pain to forfeit their Armour, and
fuffer Imprifonment, &c. 2 Ed. 3. c. 3.
Prnalia, Arable Grounds. This Word is mentioned
in Domesday. Tic. Effex.
Brnaldia, Arnoldia; A Sort of Diſeaſe that makes
the Hair fall off, like the Alopecia, or like unto a
Distemper in Foxes. -Deinde uterque Rex incidit in
agritudinem quam Arnaldianı vocant, in qua ipfi ad
mortem ufque laborantes capillos fuos depofuerunt. Rog.
Hoveden, p. 693.
Bromatarius, (Lat.) A Word often ufed for a
Grocer, but held not good in Law Proceedings.
I Vent. 142.
rpen, or Arpent, Significs an Acre, or Furlong
of Ground: And according to the old French Ac-
count in Domefday-Book, 100 Perches make an
Arpent. The moft ordinary Acre, called l'Arpent de
France, is One hundred Perches fquare: But fome
account it but half an Acre. Septem acras terræ &
unum Arpentum que me contingebant per Efchaietam.
Ex Reg. Priorat. de Wormfley, fol. 7. Where 4r-
pen feems to be fome Quantity lefs than an Acre.
Arpentator, a Mcafurer or Surveyor of Land.
Arquebufs, (Fr. Arquebuse) A fhort Hand-Gun, a
Caliver or Piftol; mentioned in fome of our anci-
ent Statutes. Law Fr. Dict.
Arrack. The fame Duty and Excife payable for
Brandy and Foreign Spirits, and no more, fhall be
paid for Arrack imported from the East-Indies; and
|
|
the like Allowance to be made on Exportation, &c.
Stat. 7 Geo. 2. c. 14.
Arraiatio Peditum, Is uſed in Pat. Ed. 2. for
the Arraying of Foot Soldiers.
Brraíers, (Arraiatores) Such Officers as had the
Care of the Soldiers Armour, and whoſe Buſineſs it
was to fee them duly accoutred. Stat. 12 R. 2. c. 6.
In feveral Reigns Commiffioners have been appoint-
ed for this Purpoſe.
Arraign, (from the French Arranger, to fet a
Thing in Order) Hath the fame Signification in
Law: But the true Derivation is from the French
Arraifonner, i. e. Ad rationem ponere, to call a Man to
anfwer in Form of Law. A Prifoner is arraigned,
when he is indicted and brought to Trial: And to
arraign a Writ of Affife, is to cauſe the Demandant
to be called to make the Plaint, in fuch Manner as
the Tenant may be obliged to anſwer. 1 Inft. 262.
But no Man is properly arraigned but at the Suit of
the King, upon an Indictment found againſt him,
or other Record, wherewith he is to be charged:
And this Arraignment is to take Care that the Pri-
foner do appear to be tried, and hold up his Hand
at the Bar, for the Certainty of the Perfon, and
plead a fufficient Plea to the Indictment. 1 Inft. 262,
263. The Prifoner is to hold up his Hand only in
Treafon and Felony; but this is only a Ceremony:
If he owns that he is the Perfon, it is fufficient
without it; and then upon his Arraignment his Fet-
ters are to be taken off; and he is to be treated
with all the Humanity imaginable. 2 Inft. 315. 3 Inft.
35. If in Action of Slander for calling one Thief,
the Defendant juftifies that he ftole Goods, and If-
fue is thereon taken; if it be found for the Defen-
dant' in B. R. and for Felony in the fame County
where the Court fits, or before Juftices of Affife, &.c.
he fhall be forthwith arraigned upon this Verdict of
twelve Men, as on an Indictment. 2 Hale's Hift. P.
C. 151. The Pleas upon Arraignment are either the
General Iffue, Not guilty; Plea in Abatement, or
in Bar; and the Prifoner may demur to the Indict-
ment; alſo he may confefs the Fact, but then the
Court has nothing more to do than to proceed to
Judgment against him. If he ftands mute, and doth
not put himself upon Trial, he fhall fuffer the Pe-
nance Pain fort & dure, in Cafes of Felony, &c.
3 Inft. 217. By the Common Law, if a Principal
is acquitted or is pardoned, or dies, the Accef-
fary fhall not be arraigned. But vide Stat. Ann.
cap. 9. and Word Acceffary. For the Solemnity of
the Arraignment and Trial of a Prifoner, fee Dalt.
chap. 185, p. 515.
Array, Arraya, five Arraiamentum) An old Fr.
Word fignifying the Ranking or fetting forth of a
Jury of Men impanelled upon a Caufe. 18 H. 6.
c. 14. And when we fay to array a Panel, That is,
to fet forth the Men empanelled one by another.
F. N. B. 157. To challenge the Array. of the Panel,
is at once to except against all the Perfons arrayed
or empanelled, in Refpect of Partiality, &c. 1 Inft.
156. If the Sheriff be of Affinity to either of the
Parties; or if any one or more of the Jurors are
returned at the Nomination of either Party; or
for any other Partiality; the Array fhall be quashed.
The Word Array alfo relates in a particular Manner
to military Order, as to conduct Perſons armed,
&c. Stat. 14 Car. 2. cap. 3.
Arrearages, (Arreragia) From the French Arriere
retro, behind, is taken for Money unpaid at the
due Time, as Rent behind; the Remainder due
on an Account, or a Sum of Money remaining in
the Hands of an Accountant. When Arrears of
Rent are prefumed in Law to be fatisfied, vide Ac-
ceptance.
Arre&tatus, One fufpe&ted of any Crime.
Si autem aliquis arre&tatus fuerit de morte alicujus per:-
clitantis capietur & imprisonetur.
Offic. Coronat
Spelm. Gloff.
Breenatus,
!
AR
A R
Brrenatus, Arraigned, accuſed.
baz, Vic. Leiceft. arrenatus & ad rationem pofitus de
ho quod, &c. Rot. Parl. 21 Ed. 1.
Wrrentation, (from the Spanish Arrendare) Is as
much as Ad certum redditum dimittere; and it fignifies
the Licenfing an Owner of Lands in the Foreft, to
encloſe them with a low Hedge and fmall Ditch, ac-
cording to the Affife of the Foreft, under a yearly
Rent: Saving the Arrentations is a faving.Power to
give fuch Licences. Ordin. Forefte, 34 Ed. 1.
→
+
Stephanus Ra-to fhew his Warrant, unleſs it be demanded. 9 Rep.
68, 69. An Arreft without fhewing the Warrant, and
without telling at whoſe Suit, until the other demand-
ed it, was held legal; and that this need not be
done until the Party obeyed and demanded the fame.
Cro. Fac. 485. Sheriffs are not to grant Warrants for
Arrefts, before the Receipt of the Writs; if they do,.
they fhall forfeit 107. and Damages, and pay a Fine
to the King. Stat. 43 Eliz. c. 5. And every Warrant
to iffue upon any Writ to arrest any Perfon, ſhall
Brreſt, (Arreflum) Cometh of the French Word have the fame Day and Year fet down thereon as
Arrefter, to stop, or ftay. It is a Restraint of a on the Writ, under the like Penalty of 101. Stat.
Man's Perfon, obliging him to be obedient to the 6 Geo. I. c. 21. If an A&tion is entered in one of
Law: And it is defined to be the Execution of the the Compters of London, a City Serjeant may arrest
Command of fome Court of Record, or Officer of the Party without the Sheriff's Warrant. 1 Lill. Abr.
Juftice. An Arreft is the Beginning of Imprifonment, 94. And by the Cuftom of London, a Debtor may
where a Man is firft taken, and restrained of his be arrested before the Money is due, to make him
Liberty, by Power or Colour of a lawful Warrant: find Sureties; but not by the Common Law. 1 Nelf.
Alfo it fignifies the Decree of a Court, by which a Abr. 258. By Stat. 29 Car. 2. c. 7. No Writ, Procefs,
Perfon is arrested. 2 Shep. Abr. 299. None fhall be Warrant, &c. (except in Cafes of Treafon, Felony,
arrested for Debt, Trefpafs, &c. or other Caufe of or for Breach of the Peace) fhall be ferved on a
Action, but by Virtue of a Precept or Command-Sunday; on Pain that the Perfon ferving them fhall
ment out of fome Court: But for Treafon, Felony, be liable to the Suit of the Party grieved, and an-
or Breach of the Peace, any Man may arrest with-fwer Damages, as if the fame had been done with-
out Warrant or Precept. Terms de Ley 54. Perfons out Writ: An Action of Falfe Imprisonment lies
prefent at the Committing of a Felony, muft ufe for Arreft on a Sunday, and the Arreft is void. 1 Salk.
their Endeavours to apprehend the Offender, under 78. A Defendant was arrested on a Sunday by a
Penalty of Fine and Imprisonment. 3 Inft. 117. Writ out of the Marfbalfea; and the Court of B. R.
4 Inft. 177. The King cannot command any one being moved to diſcharge him, it was denied ; and
by Word of Mouth to be arrested; but he muft do he was directed to bring Action of Falfe Imprifon-
it by Writ, or Order of his Courts, according to ment, 5 Mod. Rep. 95. The Defendant being taken
Law: Nor may the King arreft any Man for Suf upon a Sunday, without any Warrant, and locked up
picion of Treafon, or Felony, as his Subje&s may; all that Day, on Monday Morning a Writ was got
because if he doth wrong, the Party cannot have against him, by which he was arrested; it was ruled,
Action against him. 2 Inft. 186. After Prefent-that he might have an A&tion of Falfe Impriſon-
ment or Indictment found in Felony, c. the firft ment, and that an Attachment fhould go againſt
Process is a Capias, to arrest and imprifon the Of thofe who took him on the Sunday. Mod. Caf. 96.
fender: And if the Offender cannot be taken, an Attachments have been often granted againſt Bai-
Exigent is awarded in order to Outlawry. H. P. C.liffs for making Arrefts on Sunday: But Affidavit is
209. When a Perfon is apprehended for Debr,
c. he is faid to be arrested: And Writs exprefs
Arreft by two feveral Words Capias and Attachias, to
take and catch hold of a Man; for an Officer muft
actually lay hold of a Perfon, befides faying he
arrefts him, or it will be no lawful Arreft. 1 Lill.
Abr. 96. If a Bailiff be kept off from making an
Arreft, he fhall have an Action of Affault: And
where the Perfon arrested makes Refiftance, or af
faults the Bailiff, he may juftify Beating of him.
If a Bailiff touches a Man, which is an Arrest, and
he makes his Eſcape, it is a Refcous, and Attach-
ment may be had against him. 1 Salk. 79. If a
Bailiff lays hold of one by the Hand (whom he
had a Warrant to arreft) as he holds it out at the
Window, this is fuch a Taking of him, that the
Bailiff may juftify the Breaking open of the Houfe
to carry him away. i Vent. 306. When a Perfon
has committed Treafon or Felony, &c. Doors may
be broke open to arrest the Offender; but not in Ci-4. B. and he answers that it is, whereupon the Bai-
vil Cafes, except it be in Purfuit of one arrested; liff arrests him, it will be a Falfe Arrest, for which
or where a Houfe is recovered by Real Action, to Action lies. Lane 49. And if a Warrant be to take
deliver Poffeffion to the Perfon recovering. Plowd. A. the Son of B. and the Bailiff makes an Arrest on
5 Rep. 91. Action of Trefpafs, &c. lies for break- the Son of D. who indeed is the right Perfon in-
ing up a Houfe to make irreft in a Civil Action. tended, but not the Party within his Warrant, it
Mod. Caf 105. But if it appears, a Bailiff found will be falfe Impriſonment. Ibid. The Bailiff's Fee
on outer Door, &c. open, 'tis faid he may open the for an Arrest, by an antient Statute, is but Four
inner Door to make an Arreft. Comber. 327 An Ar- Pence; and the Sheriff's Twenty Pence: And Bai-
reft in the Night, as well as the Day, is lawful.liffs cannot legally take any Thing but what is al-
9 Rep. 66. And every one is bound by the Common lowed by this Statute, and other fubfequent A&ts.
Law to affift not only the Sheriff in the Execution For taking Fees not warranted by Law, they fhall
of Writs, and making Arrefts, c. but alfo his Bai-render treble Damages to the Party grieved, and
liff that hath his Warrant to do it. 2 Inft. 193. A
Bailiff upon an Arreft ought to fhew at whofe Suit,
out of what Court the Writ iffues, and for what
Caufe, &c. but this is when the Party arrested, fub-
mits himſelf to the Arrest: A Bailiff fworn and
known, need not fhew his Warrant, tho' the Party
demands it; nor is any other fpecial Bailiff bound
ufually made, that the Party might be taken upon
another Day. 1 Mod. 56. A Perfon may be retaken
on a Sunday, where arrested the Day before, &c.
Mod. Caf. 231. And a Man may be taken on a Sun-
day on an Escape Warrant; when he goes at Large
out of the Rules of the King's Bench or Fleet Pri-
fon, &c. Stat. 5 Ann. c. 9. Alfo Bail may take the
Principal on a Sunday, and confine him till Mon-
day, and then render him; tho' a Plaintiff may not
arreft the Defendant on a Sunday. 1 Nelf. 258. If a
wrong Perfon is arrested; or one for Felony, where
no Felony is done, c. it will be Falfe Impriſon-
ment, liable to Damages. Attornies, &c. for Vex-
[ation, malicioufly caufing any Person to be arrested,
where there is no Caufe of Suit, &c. fhall fuffer fix
Months Impriſonment, and before diſcharged pay
treble Damages, and forfeit 101. Stat. 8 Eliz. c. 2.
A Bailiff having a Writ to arrest A. B. comes up
to another Perfon, and asks him if his Name be
incur a Forfeiture of 401. Stat. 23 Hen. 6. cap. 10.
No Bailiff, or other Officer, fhall carry any Perſon
under Arreft, to any Tavern, Alehoufe, &c. without
his Confent; fo as to charge him with any Beer,
Ale, Wine, &c. but what he fhall freely call for:
Nor fhall demand or receive more from him for
the Arreft or Waiting, than by Law ought to be,
untit
•
3
I
AR
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*
}
Frreftandis bonis nė diflipentur, A Writ which
lies for a Man whofe Cattle or Goods are taken by
another, who during the Conteſt doth or is like to
make them away, not being of Ability to render.
Satisfaction. Reg. Orig. 126.
Arrestando ipfum qui Pecuniam Becepit, &c. Is
a Writ that lieth for apprehending a Perfon who
hath taken the King's Preft-Money to ſerve in
Wars, and hides himself when he fhould go. Reg.
Orig. 24.
Prretted, Arrectatus, quafi, ad rectum vocatus, Is
where a Man is conven'd before a Judge, and
charged with a Crime. Staundf. Pl. Co. 45. And it
is fometimes ufed for Imputed or laid unto; as no
Folly may be arretted to one under Age. Littleton,
cap. Remitter. Chaucer ufeth the Verb Arreteth, that
is, lays Blame, as it is interpreted. Bracton fays,
Ad rectum habere Malefactorem, i. e. To have the
Malefactor forth coming, fo as he may be charged,
and put to his Trial. Braćł. lib. 3. tract. 2. cap. 10.
And in another Place, Rectatus de morte hominis,
charged with the Death of a Man. From hence it
may with fome Reaſon fecm, that the Word is the
fame with Rectum.
}
1
until an Appearance procured, Bail found, &c. Days are allowed to move in Arreft of Judgment; and
Nor take or exact any more for keeping fuch Per- the Defendant hath all the Term wherein the Ver-
fon out of Priſon, than what he fhall of his own dict was given to speak any Thing to arrest it, if
voluntary Accord truly give; nor take more for the Plaintiff hath not given his four Days Rule,
Lodging than what is reafonable, or fhall be ad- and figned his Judgment; after which he is put to
judged fo by the next Juftice of Peace. Stat. 22 his. Writ of Error 2 Lill. 93. On Motion in Ar-
23 Car. 2. cap. 2. And by a late Act, Bailiffs, &c.reft of Fudgment, if the Court be divided two Judges
are not to carry any Perfon arrested to a Tavern, against two, the Plaintiff muft have his Judgment;
Alehoufe, &c. or the private Houfe of fuch Offi- unless a Rule be made at firft to stay all Proceed-
cers, without the free and voluntary Confent of ings, until the Court otherwife order, &c. 2 Lill.
the Party; nor carry fuch Perfon to Prifon within Abr. 118. See Feofails and Judgment. Arrest of En-
twenty-four Hours from the Time of the Arreft: queft is to plead in Arreft of taking the Enqueft,
or take any Reward for keeping him out of Gaol, upon the former Iffue, and to fhew Caufe why an
&c. Stat. 2 Geo. 2. cap. 22. But if a Perfon arrefted Enqueft fhould not be taken. Bro. Tit. Replead,
refuſe to be carried to fome convenient Houfe of
his own Nomination, &c. to be kept in fafe Cuftody
during the twenty-four Hours before carried to Pri-
fon, then the Sheriff's Officer, &c. may immedi-
ately convey him to Gaol, to prevent an Escape.
3 Geo. 2. c. 27. Peers of the Realm, Members of
Parliament, &c. may not be arrested, unless it be in
Criminal Cafes; but the Process against them is to
be Summons, Diftrefs infinite, c. 12 W. 3. c. 3.
Alfo Corporations and Companies must be made to
Arresto fa&o fuper bonis Mercatozum Alienige=
appear by Diftringas, and cannot be arrested. Finch
353. 3 Salk. 46. Perfons attending upon any Courts notum, A Writ which lies for a Denizen against the
of Record, on Bufinefs there, are to be free from Goods of Aliens found within this Kingdom, in Re-
Arrests. 3 Inft. 141. A Clerk of the Court ought compence of Goods taken from him in a Foreign
not to be arrested for any Thing which is not Cri- Country, after Denial of Reftitution. Reg. Orig.
minal, because he is fuppofed to be always prefent 129: This the ancient Civilians called Clarigatio;
in Court to anſwer the Plaintiff. 1 Lill. 94. Arrests but by the Moderns it is term'd Reprifalia.
are not to be made within the Liberty of the King's
Palace: Nor may the King's Servants be arrested in
any Place, without Notice firft given to the Lord
Chamberlain, that he remove them, or make them
pay their Debts. Embaffadors Servants, &c. freed
from Arrefts; vide Ambafador. No Arrests are to be
generally in Wales, the Counties Palatine, &c. by
Writs iffuing from Westminster Hall. If a Debt be
under 107. on Procefs out of a fuperior Court, or
40s. in an inferior Court, the Defendant fhall not
be arrested, but be ferved perfonally with a Copy of
the Procefs; and if he do not appear at the Return
thereof, the Plaintiff may enter an Appearance for
him, and proceed, &c. Stat. 12 Geo. I. c. 29. The
Fee for making and ferving the Copy of Process,
taken by Attornies, Bailiffs, &c. fhall be 5s. out of
the Superior Courts, and s. the inferior Courts:
And no ſpecial Writ fhall be fued out, unless the
Caufe of Action be 10% or above, on Pain of 107.
and the Proceedings thereon to be void, by Stat. rrura,In the black Book of Hereford, De
5. Geo. 2. c. 27. A Bill was lately brought into Par-operationibus Arrure, fignifics Days Works of Ploug-
liament, for the more eafy Recovery of fmall Debtsing for anciently Cuftomary Tenants were bound
in a fummary Way, the Determination to be by the o plough certain Days for their Lord. Una Arura,
Judges of Affife, &c. without any Writ of Arreft, or one Day's Work at the Plough: And in Wiltſhire,
Trial by Juries, in like Manner as on the English Bill Earing is a Day's Ploughing. Paroch. Antiq. p. 401.
for recovering Debts under 10l. in Ireland; but there Prlou, (from Ardeo to burn) Is Houfe-burning,
were many Petitions againſt this Bill, from Corpo-which is Felony at Cominon Law. 3 Inft. 66. It
rations for preferving their ancient Trials, and must be malicioufly and voluntarily, and an a&tual
from Officers of Courts, &c. whereupon it ftopp'd Burning; not putting Fire only into a Houfe, or any
in the Houſe of Lords, and did not then paſs. Anno Part of it, without Burning: But if Part of the
Houfe is burn'd; or if the Fire doth burn, and then
3 Geo. 2.
Arrest of Judgment, To move in Arrest of Judg-goeth out of itfelf, it is Felony. 2 Inft. 188. H. P. C.
ment, is to fhew Caufe why Judgment should be 85. The Burning of a Frame of a Houfe, is not ac-
ftaid, notwithstanding Verdict given; for in many counted Houfe-burning, becauſe the Frame of a
Cafes, though there be a Verdict, no Judgment can Houfe cannot come under the Word Domus, which
be had. And the Caufes of Arreft of Judgment, are is neceffary in every Indictment for Arfon: And it
Want of Notice of Trial; where the Plaintiff be- must be the Houfe of another; for if a Man burns
fore Trial treats the Jury; the Record differs from his own Houfe only, tho' with Intention to burn o
the Deed pleaded; for material Defect in Plead-ther's, it is not Felony, but a great Mifdemeanour,
ing; where Perfons are mifnamed; more is given punishable with Fine, Pillory, &c. If a Houſe is
and found by the Verdict, than laid in the Declara- fired by Negligence or Mifchance, it cannot amount
tion; or the Declaration doth not lay the Thing to Arfon. 3 Inft. 67. H. P. C. S5. Where one burns
with Certainty, &c. And here all Matters of Fact the Houfe of another, if it be not wilful and mali-
are to be made out by proper Affidavits. Comp. Atcious, 'tis no Felony, but only Treſpaſs: Therefore
torn. 329, c. Judgment may be arreſted for good if A. fhoot unlawfully in a Gun, at the Cattle or
Cauſe in Criminal Cafes, as well as Civil; if the Poultry of B. and by Means thereof fets another's
Indi&ment be infufficient, &c. 3 Inft. 210. Four Houfe on Fire, this is not Arfon; for though the A&t
Arrows. By an ancient Statute, all Heads for
Arrows fhall be well brazed, and hardened at the
Point with Steel, on Pain of Forfeiture and Impri-
fonment: And to be marked with the Mark of the
Maker. Stat. 7 H. 4. c. 7.
N
he
AR
AS
1
he was doing was unlawful, yet he had no Intent
to burn the Houfe. Hale's Hift. P. C. 569. By
Stat. 23 H S. c. 11. Burning of Houfes, or Barns
wherein any Corn is, is Felony without Benefit of
Clergy. And the Stat. 22 & 23 Car. 2. c. 7. makes
it Felony to fet Barns, Stables, Stacks of Corn, Hay,
c. on Fire in the Night time, or any Outhoufes,
or Buildings: But the Offender may be transported
for feven Years. By 6 Anne, 31. Servants through
Negligence or Gareleffners, fetting on Fire any
Dwelling boufe; or Out houfe, fhall forfeit 100 l. to
be levied by Warrant of two Juftices, and paid to
the Church wardens of the Parish, to be diftributed
to the Sufferers by the Fire; or on Default fhall
be fent to the House of Correction, and there kept
to hard Labour eighteen Months, c.
:
?
Form of an Indictment for Arfon or Houfe-burning.
T
14
Statute 2 & 3 Ed. 6. c. 15. A Stranger Artificer in
London, &c. fhall not keep above two Strangers Ser-
vants; but he may have as many English Servants
and Apprentices as he can get. Stat. 21 H 8. Artifi
cers in Wool, Iron, Steel, Brafs or other Metal, &c.
Perfons contracting with them to go out of this
.Kingdom into a Foreign Country, fhall be fined not
exceeding tool. and be imprifoned three Months:
And English Artificers going abroad, not returning in
fix Months after Warning given by our Embaffadors,
&c. fhall be difabled torhold Lands by Defcent or
Devile, be incapable to take any Legacy, Sc. and
deem'd Aliens. Stat. 5 Geo. I. c. 27.
·
{
Prundinetùm, A Ground or Place where Reeds
grow. 1 Inft. 4. And it is mentioned in the Book
of Domeſday.
Arvil-Supper, A Feaft or Entertainment made.
at Funerals, in the North Part of England: Arvil-
Bread is the Bread delivered to the Poor at Funeral
Solemnities. Cowel. And Arvil, Arval, Arfal, are
ufed for the Burial or Funeral Rites; as,
Come bring my Ferkin Tibb, I'll to the Arvil,
Yon Man's dea Scuy Seour, it makes me Marvil.
Yorkshire Dial, p. 58.
HE Jurors, &c. upon their Oath prefent, that
A. B. late of, &c. on the Day, &c. in the Year,
&c. with Force and Arms, between the Hours, &c.
came unto the House of C. D. of, &c. aforesaid, in the
faid County, Gentleman, (the faid Houfe being in the
fame County) and with a lighted Candle, which the faid
A. B. then and there held in his Hand, &c. of his Ma-
lice forethought, did feloniously fet on Fire the faid House,
by which Means it was then and there entirely burnt
down; and fo the faid A. B. on the faid Day of, &c.
in the fame Year above-mentioned, at, &c. aforefaid, in
the faid County, voluntarily and of his forethought Malice, Aflach, or Alfath, Was a Cuftom of Purgation,
feloniously did fet on Fire and burn down the Houfe afore-ufed of old in Wales, by which the Party accufed did
faid, in the Manner and Form above mentioned, against
the Peace of our faid Lord the King, &c.
Arfer in le maine, Burning in the Hand, is the
Puniſhment of Criminals that have the Benefit of
Clergy. Terms de Ley.
artura, The Trial of Money by Fire, after it
was coined. In Domesday we read, Reddit. 50l. ad
Arfuram, which is meant of lawful and approved
Money, whofe Allay was tried by Fire.
Art and Part, Is a Term ufed in Scotland and
the North of England; when one charged with a
Crime, in committing the fame was both a Contri-
ver of, and acted his Part in it.
· Arthel, A British Word, and more truly written
Arddel, fignifying to avouch; as if a Man were ta-
ken with ſtolen Goods in his Hands, he was to be
allowed a lawful Arthel (or Vouchee) to clear him
of the Felony: It was Part of the Law of Howel
Dda; according to whofe Laws every Tenant hold-
ing of any other than of the Prince or Lord of the
Fce, paid a Fine pro defenfione Regia, which was
called Arian Ardhel. The Privilege of Arthel occa-
fioning a Delay and Exemption of Criminals from
Juftice, Provifion was made against it by Statute 26
H. S. c. 6.
Articuli Cleri, Articles of the Clergy, are Statutes
containing certain Articles relating to the Church
and Clergy, and Caufes Ecclefiaftical. 19 E. 2. and
14 E. 3.
Articulus, An Article, or Complaint, exhibited
by Way of Libel, in a Court Chriftian. Sometimes
the Religious bound themselves to obey the Ordi-
nary, without fuch formal Process: As An. Dom.
1300. The Prior and Convent of Burcefter fubmit-
ted themſelves to the Official of Lincoln, &c..
Quod poffint eos et eorum Succeffores per omnem cenfuram
Ecclefiafticam ad omnium & fingulorum præmifforum ob-
fervationem abfque Articuli, feu Libelli, petitione,
quocunque ftrepitu judiciali compellere. Paroch. Antiq.
F. 344.
Alcesteríum, Archifterium, Arcifterium, Acifterium,
Alcyfterium, Architrium) Is a Greek Word and fignifies
a Monaftery. It often occurs in our old Hiftories.
Du Cange.
clear himself by the Oaths of 300 Men. It is men-
tioned in ancient MSS. and prevailed till the Time
of Hen. 5. when it was abrogated. 1 H. 5. c. 6.
7
fart, (Affartum) Fr. Affartir, to make plain.
Affartum eft quod redactum eft ad Culturam. Fleta, lib.
4. cap. 21. And the Word Affartum is by Spelman
derived from Exertum, to pull up by the Roots; for
fometimes 'tis wrote Effart. Others derive it from
Exaratum, or Exartum, which fignifies to plough or
cut up. Manwood, in his Foreft Laws, fays it is an
Offence committed in the Foreft, by pulling up the
Woods by the Roots, that are Thickets and Co-
verts for the Deer, and making the Ground plain
as arable Land: This is cfteemed the greateſt Tref-
pafs that can be done in the Foreft to Vert or Veni-
fon, as it contains in it Waste and more; for whereas
Waſte of the Foreft is but the Felling down the Co-
verts which may grow up again, Affart is a Pluck-
ing them up by the Roors, and utterly deftroying
them, fo that they can never afterwards fpring up
again. And this is confirmed out of the Red Book
in the Exchequer, in theſe Words.
vero dicuntur quæ apud Ifidorum occifiones nuncupantur,
quando Forefa nemora vel Dumeta, pafcuis & latibulis
ferarum opportuna, fucciduntur: Quibus fuccifis & radi
citus avulfis, terra fubvertitur & excolitur. But this
is no Offence if done with Licence; and a Man may
by Writ of Ad quod damnum fue out a Licence to af
fart Ground in the Foreft, and make it ſeveral for
Tillage. Reg. Orig. 257. Hence Lands are called af
farted: And formerly Affart Rents were paid to the
Crown for Foreft Lands affarted. Stat. 22 Car. 2. c. 6.
Affartments feems to be used in the fame Senfe in
Rot. Parl. Of Affart you may read more in Cromp.
Furif. p. 203. And Charta de Foresta, Anno 9 H. 3.
c. 4. Manwood, part 1. p. 171.
+
Affarta
Affault, (Afſultus) From the Fr. Verb Affayler,
Signifies a violent Injury offered to a Man's Perfon,
of a more extenfive Nature than Battery; for it
may be committed by offering a Blow, or by a ter-
rifying Speech. Lamb. Eiren. lib. 1. cap. 3. The Feu-
Artificers, Are taken for fuch that are Mafters difts define Affault thus: Affultus eft impetus in Perfo-
of their Arts, or whofe Calling and Imployment dothnam aut locum, five hoc pedibus fiat, vel equo aut ma
confift chiefly of bodily Labour. And if Artificers or
Workmen confpire not to do any Work but at cer-
tain Prices, &c. they are liable to Penalties by the
chinis aut quacunque alia re affiliatur. Zafius de Feud.
pag. 10. num. 38. And Affilire eft vim adferre. Lib.
Feud. 1. tit. 5. Sect. 1. Alfo the Lat. Affultus is uſed
I
in
A S
A S
1
1
+
•
T
عتقد
·G. 5 Mandatum eft Will. Hardel Clerico, quod con-
vocatis in prafentia fua omnibus Monetariis Affayatori-
bus, Cuftodibus, Operariis & aliis Miniftris de Cambiis
Regis London & Cantuar. per vifum Teftimonium,
illorum provideat, quod tot & tales Operarii fint in pre-
dictis Cambiis, qui fufficiant ad Operationes Regias faci-
endas, ne Rex pro defectu hujufmodi miniftrorum Damp-
num incurrat. Clauf. 17 Hen. 3. m. 8.
Allayers, of Plate made by Goldsmiths, &c. Thefe
are for Affaying and Marking thereof, of whom with
their Fees, and how the Affay-Offices are regulated
by Statute, fee 12 Geo. 2. c. 26. and Goldsmiths.
Aflayliare, A Word uſed in old Charters for to
take Fellow-Judges. Henricus Dei Gratia Rex
Angl. &c. Dilecto & fideli fuo Nicholao de la Tour
falutem. Sciatis quod conftituimus vos Fufticiarium no-
ftrum una cum hiis quos vobis duxeritis Affayfiandos ad
Affifam nova Diffe fine capiendam. Cartular. Ab-
bat. Glafton. MS. f. 57.
Affecurare, ( Abfecurare) To make fecure by Pledg-
es, or any folemn Interpofition of Faith. In the
Charter of Peace between Hen. 2. and his Sons, this
Word is mentioned. Hoveden, Anno 1174.
in this Senſe in the Laws of Edw. Conf. cap. 12. To
ſtrike a Man, though he be not hurt with the Blow,
is an Affault And to ftrike at a Perfon, notwith
ftanding he be neither hit nor hurt, hath been fo
adjudged. 22 Lib. Aff. pl. 60. For Affault doth not
always neceffarily imply a Hitting, or Blow; be-
caufe in Trefpafs for Affault and Battery, a Man
may be found Guilty of the Affault, and excufed of
the Battery. 25 Ed. 3. c. 24. If a Perſon in Anger
lift up or stretch forth his Arm, and offer to ftrike
another; or menace any one with any Staff or Wea-
pon, it is Trefpafs and Affault in Law: And if a
Man threaten to beat another Perfon, or lie in Wait
to do it, if the other is hindered in his Bufinefs,
and receives Lofs thereby, Action lies for the In-
jury. Lamb. lib. 1. 22 Aff. pl. 60. Where a Man af-
faults any Perfon, beats, or doth him any Manner
of Violence, either with Hand, Foot, or Weapon;
or throws any Thing at him, Drink in his Face, &c.
whereby he is burt; it is fuch an Affault for which
Action may be brought, and Damages recovered.
Comp. Attorn. 133. But to lay Hands gently upon
another, not in Anger, is no Foundation of an Ac-
tion of Trefpafs, and Affault: The Defendant may flembly unlawful, From the Fr. Afenibler, i. e.
justify Molliter manus impofuit. And a Man may ju- Aggregare, to flock together. It is the Meeting of
tify an Affault in Defence of his Perfon, or Goods; Three or more Perfons to do an unlawful A&t, al-
or of his Wife, Father, Mother, or Mafter; or for tho' they do it not: As to Affauit, or beat any Per-
the Maintenance of Juftice. Bract. 9 E. 4. 35. Hen. 6. fon; enter into Houfes, or Lands, &c. Weft. Symb.
c. 51. Alfo in Cafes of Affault, for the Affault of Part. 2. Sect. 65. Their Meeting and Abiding to-
the Wife, Child, or Servant, the Husband, Father, gether makes the Crime, where they do not execute
and Maſter, may have Action of Trefpafs. Where their Intentions: If the Intention be to redreſs pub-
a Man is affaulted, and he hath no Witneffes to lick Grievances, and be executed, it is adjudged
prove the fame, or in other Cafes, the Party af Treafon. 3 Inft. 9. In the Reign of K. Ed. 6. a
faulted may bring an Information in the Crown-Law was made declaring it Treafon for twelve Per-
Office; and not have common Action of Trefpafs. fons, or more, to affemble together to attempt to
Vide Stat. 4 & 5 W. & M. c. 18. which requires Re- kill any of the King's Council, or to alter the
cognizances to be taken to profecute with Effect, Laws, &c. And that it should be Felony to attempt
When any Affault is made on a Member of to deftroy Parks, pull down Houfes, Inclofures, c.
Parliament, Proclamation fhall be made, that the if they continued together an Hour after Proclama-
Party offending furrender himself into B. R. &c. tion made by a Juftice of Peace, Mayor, or Sheriff:
II H. 6. If any Perfon affault a Privy Counsellor, But this Law was foon repealed. Tho' it feems to
in the Execution of his Office, it is Felony. Stat. 9 have given Rife to the lare Riot A&; which or-
Ann c. 16. Aſſaulting Perfons in a forcible Manner, dains, that where twelve Perfons, or more, unlaw
with Intent to commit Robbery, is made Felony fully affembled, continue together an Hour after Pro-
and Tranſportation, by Stat. 7 Geo. 2. c. 21. And clamation to depart, they fhall be guilty of Fe-
Afaulting or Threatning a Counsellor at Law, or lony. Stat. 1 Geo. 1. c. 6. See Rebellious Affembly and
Attorney employed in a Cauſe againſt a Man; or a
Juror giving Verdict against him; his Adverfary for Affent, or Confent. To a Legacy of Goods, the
fuing him, &c. is punishable on an Indictment, by Affent of the Executor is neceffary, before the Le-
Fine and Impriſonment, for the Contempt. 1 Hawk.gatec may take the fame; but to a Devife of Lands
58.
An Indictment for an Affault.
Wilts, fl. The
r
HE Jurors, &c. prefent, that C.
of the Parish of, &c. in the faid
County, Blackſmith, on the Day, &c. in the Seventh Year
of the Reign, &c. at the Parish aforesaid in the faid
County, with Force and Arms, made an Affault in and
upon A. B. then and there being in the Peace of God, and
of our faid Sovereign Lord the King; and then and there
beat, wounded, and evilly treated the faid A. B. fo that
his Life was deſpaired of, and other Injuries then and
there did to him, to the great Damage of him the faid
A. B. and against the Peace of our faid Lord the now
King, his Crown and Dignity.
!
•
Riot..
•
❤
that are Freehold, it is not required. Co. Lit. 111.
The Affent of an Executor to a Devife of a Legacy,
or of any perfonal Thing, is fo neceffary, that if the
Legates or Devifee take the Thing without the De-
D.livery and Affent of the Executor, he may have an
Action of Treſpaſs against them. Keilw: 128. 1 Nelf.
Abr. 260. The Common Law takes Notice of the
Affent of the Ececutor to the Legacy, and doch
give him Time to confider of the Value of the
Goods, and State of the Debts of the Teftator, that
he may pay a Legacy with Safety; the Executor
being to pay Debts before Legacies. Perk. 570. No
Property can be transferred to the Legatee without
the Affent of the Executor: But if the Executor
doth once affent to the Legacy, the Legatce hath
fuch a Property vefted in him that he may take it,
tho' the Executor revokes his Affent afterwards. And
there may be an Affent implied, as well as exprefs;
as if the Executor offers the Legatee Money for
what is bequeathed him; or directs others to the
Legatee to buy it, &c. Plowd. 543. 4 Rep. 28. When
there are many Executors, the Affent of one to a
Legacy is fufficient: And one Executor may take
a Legacy without the Affent of his Co Executors.
Perk. 572. Affent may be before or after Probate of
the Will. An Infant Executor, at the Age of ſeven-
teen Years, may affent to a Legacy: But it has been
doubted, whether an Adminiftrator durante minori
c
Allay of Weights and Meafures, (from the Fr. Ef-
Say, i. e. a Proof or Trial) Is the Examination of
Weights and Meafures, by Clerks of Markets,
Reg. Orig. 279. Ac Affifam & Affaiam Panis, Vini,
Cervifia. Paten. 37 H. 8. Tho. Marrow.
Allayer of the King, (Affayator Regis) An Officer
of the King's Mint, for the Trial of Silver; he is
indifferently appointed between the Mafter of the
Mint and the Merchants that bring Silver thither
for Exchange. Anno 2 H. 6. cap. 12. Veffels of
Gold fhall be aſſayed.. 28 Ed. 1. c. 20. and 18 Car. 2.
Etate
1
A S
A S
!
Ætate can affent. Cro. Eliz. 719. A Husband is to give
Affent where his Wife is Executrix. A Court of E-
quity, or the Spiritual Court, may compel an Ex
ecutor to affent to a Legacy. March 97. But an Af
fent to a void Devife, will be alfo void. Plowd 525.
Affent of Dean and Chapter in making Leafes of
Church Lands; vide Leafes. Of the major Part of
Corperations, in making By-Laws, vide By Laws.
-
·
Anchors, Thoſe that affefs publick Taxes; as two
Inhabitants in every Parish were Affeffors for the
Royal Aid, to rate every Perfon according to the
Value of his Eftate, Anno 16 & 17 Car. 2. There
are Affeffments of Parish-Duties, for raifing Money
for the Poor, Repairing of High-ways, &c. made
and levied by Rate on the Inhabitants; as well as
Affements of Publick Taxes, &c. See Afifors.
fits of the Land, they are appropriated to the Uſe
of the Leffor; but what is over and above the Rent
fhall be Affets. I Salk. 79. If an Executor furren-
::
ders a Term of Years which he had as Executor, to
him in Reverfion; or if he purchaſes the Reverſion;
'tis nor extinct as to him, but ſhall ſtill remain Af-
fets in the Executor to fatisfy Debts and Lega-
cies. 1 Rep. 87. Equity of Redemption of an E-
ftate mortgaged, and a Term for Years to attend
the Inheritance are Affets. 3 Leon: 32. Moncy de-
creed in a Court of Equity by Reafon of Executor.
fhip, or arifing by Sale of Lands by Executors; and
Damages recovered by Executors; alfo Intereft of
the Teftator's Money lent by Executors, fhall be
Affets. 2 Chan. Rep. 152. Thofe Goods and Chattels
which belonged to the Teftator at his Death, and
which do come to the Hands of the Executor are
Affets, to make the Executor chargeable to Credi-
tors, &c. 6. Rep. 47. But fuch Things as are not va-
L
Ang. 2 Vol. f. 334-
1
Mon.
flets, (Fr. Affez, i. e. Satis) Signifies Goods
enough to diſcharge that Burden which is caft upon
the Executor or Heir, in fatisfying the Debts and
Legacies of the Teftator or Anceftor. Bro. Tit. Afluable, fhall not be Affets: And Debts, &c. when
fets. Affets are Real, or Perfonal; where a Man recovered by the Executor after the Death of the
hath Lands in Fee-fimple, and dies feifed thereof, Teftator, fhall be accounted Affets; and not before
the Lands which come to his Heir, are Affets Real: recovered, for the Executor fhall not be charged
And where he dies poffeffed of any Perfonal Estate, for a Debt, if he cannot recover it. Wood's Inft. 323.
the Goods which come to the Executors, are Affets A Relcafe of a certain Debt due to the Teftator,
Perfonal: Affets are alfo divided into Affets per De- makes it Affets in the Executor's Hands; becauſe it
fcent, and Affets inter maines; Affets by Defcent is fhall be intended he would not have made the Re-
where a Perlon is bound in an Obligation, and dies leafe, unless the Money had been paid to him.
feifed of Lands which defcend to the Heir, the Land 1 Nelf. Abr. 262. Affets in the Hands of one Execu-
fhall be Affets, and the Heir fhall be charged as far tor, is Affets in the Hands of others; and if an Ex-
as the Land to him defcended will extend: Affets in- ecutor hath Goods of the Teftator in any Part of
ter maines is when a Man indebted made Executors, the World, he fhall be charged in Reſpect of them.
and leaves them fufficient to pay his Debts and Le 6 Rep. 47. In Actions against Executors, the Jury
gacies; or where fome Commodity or Profit arifeth muft find Affets of what Value; for the Plaintiff
to them in Right of the Teftator, which are fhall recover only according to the Value of the Af
called Affets in their Hands. Terms de Ley 56, 77. fets found. I Roll. Rep. 58. An Heir may plead Reins
By the Common Law, if an Heir had fold or aliened per Defcent, but the Plaintiff may reply that he had
the Lands which were Affets, before the Obliga- Lands from his Anccftor; and ſpecial Master may
tion of his Anceftor was put in Suit, he was to be be given in Evidence, &c. Co. Lit. 5 Rep. 60. Á·
diſcharged, and the Debt was loft: But by Statute, fpecial Judgment against Affets only, fhall have Re-
the Heir is made liable to the Value of the Land bylation to and bind the Lands from the Time of the
him fold, in Action of Debt brought againft him by filing the original Writ or Bill. Carth. Rep. 245.
the Obligee, who ſhall recover to the Value of the Alleviate, To draw or drain Water from Marſh
faid Land, as if the Debt was the proper Debt of the Grounds: Quod ipfi Marifcum prædictum affewi-
Heir; but the Land which is fold or aliened bona fide are, & fecundum Legem Marifei, Walliis includere &
before the Action brought, fhall not be liable to Ex-in culturam redigere.Et Marifcum illum fic affewi-
ecution upon a Judgment recovered againſt the Heiratum, inclufum & in culturam reda&tum tenerè.
in any fuch Action. Stat. 3 & 4 W. & M. cap. 14.
Where a Man binds himself and his Heirs in a
Bond; and dies, leaving Iffue two Sons, if the eldeft
Son enters on the Lands by Defcent as Heir to the
Father, and die without Iffue; and then the young
eft Son enters, he fhall be charged with Affets as
Heir to his Father. Dyer 368. Lands which come
to the Heir by Purchaſe, ſhall not be Affets; for 'tis
only Lands by Defcent that are Affets. 1 Danv. Abr.
577. A Reverfion in Fee depending upon an
ftate-tail, is not Affets; becauſe it lies in the Will
of the Tenant in Tail to dock and bar it by Fine,
&c. 6 Rep. 56. But after the Tail is fpent, it is
Affets. 3 Mod. 257. And a Reverſion on an Eſtate
for Life or Years fhall be Affets. A Reverſion ex-
pcctant upon the Determination of an Eftate for
Life is Affets, and ought to be pleaded ſpecially by
the Heir; and the Plaintiff in fuch Cafe may take
Judgment of it cum acciderit. Dyer 371. Carthew's
Rep. 129. An Advowfon is Affets; but not a Pre-
fentation to a Church actually void, which may not
be fold. Co. Lit. 374. Lands of Ceftuy que Trust fhall
be Affets by Defcent. Stat. 29 Car. 2. And Land's
by Deſcent in ancient Demesne, will be Affets in
Debt. But a Copyhold Eftate defcending to an
Heir, is not Affets: Nor is any Right to an Eſtate
Affets, without Poffeffion, &c. till recovered and
duced into Poffeffion. Dano. 577. Leafes are Affets
to pay Debts, notwithſtanding the Affent of the Ex-
ecutor to the Devife of them. I Lill. Abr. 99. Where
an Executor of Leffee for Years receives the Pro-
-
Affidere, or Affedare, To tax equally. Provifum eft
generaliter quod præd. quadragefima hoc modo affideatur
colligatur Mat. Parif. Anno 1232. Sometimes it
hath been used to affign an Annual Rent, to be paid
out of a particular Farm, &c. As, Manerium Rex
Stephanus dedit & affedit eis pro centum Maris.
.
Blign, (Afſignare) Hath two Significations; one
General, as to fet over a Right to another, or ap-
E-point a Deputy, &c. And the other Special, to fet
forth or point at, as we fay to affign Error, affign
falfe Judgment, Wate, &c.. And in affigning of
Error, it must be fhewed where the Error is com-
mitted; in falfe Judgment, wherein the Judgment
is unjúft; in Wafte, wherein efpecially the Wafte
is done. F. N. B. 19, 112. Reg. Orig. 12. Alfo Ju-
ftices are faid to be affigned to take Affifes. Stat. II
H. 6. cap. 2.
Alignee, (Affignatus) Is he that is deputed or ap-
pointed by another to do any Act, perform any Bu-
finess, or enjoy any Commodity. And Affignees may
be by Deed, or in Law: Affignee by Deed is when a
Leffce of a Term, &c. fells and affigns the fame to
another, that other is his Affignee by Deed: Affignee
in Law, is he whom the Law fo makes, without any
Appointment of the Perfon; as an Executor is Af-
re-fignee in Law to the Teftator. Dyer 6. But if there
be Affignee in Deed, affignee in Law is not allowed: If
one covenant to do a Thing to 7. S. or his Aligns
by a Day, and before that Day he dies; if before
the Day he name any Affignee, the Thing muſt be
done
1
5
A S
AS
!
a
done to his Aſſignee named: Otherwife to his Execu-having the Land; and there is no Occafion for gi-
tor or Adminiftrator, who is Affignee in Law. 27 H.ving Notice to the Leffor of his Alignment over
8. 2. A. leafed Lands to B. for nine Years, the Re- Comberb. 192. In Cafe of Action of Debt for Rent
mainder after his Death to the Executors or Affigns by the Affignee of a Reverfion, the Defendant à
of the faid B. for forty Years, then B. dies inteftate, Leffee may plead that, before any Rent became due,
and his Wife adminifters to him; in this Cafe the he affigned the Term to another; but he must fet
Adminiſtrators are not Affignees. Owen 125. He is forth in his Plea that he gave Notice to the Plain-
called Affignee, who hath the whole Eftate of the tiff of the Affignment made. Raym. 163. A Man
Afignor: And an Affignee, though not named in a made a Leafe, provided that the Leffee or his Af
Condition, may pay the Money to fave the Land; figns, fhould dot alien the Premiffes without Li-
but he fhall not receive any Money, unless he be cence of the Leffor, &c. who after gave Licence
named. 1 Inft. 215. Affignees may take Advantage to the Leffee to alien; by this the Leffee or his
of Forfeitures on Conditions, when they are inci- Affigns may alien in infinitum. 4 Rep. 119. The Lef
dent to the Reverfion, as for Rent, c. 1 And. 82. for demifed Land, and covenanted with the Leffee,
And regularly every Affignee of the Land may take his Executors and Affigns, that if he were difturb'd
Advantage of inherent Covenants; alfo Affignees are or forced to pay any Charge, &c. he should retain
bound by fuch Covenants, as a Covenant to repair, fo much of the Rent; afterwards the Leffee made
c. But if it concerns a Thing not in Being at the an Affignment of his Term: And it was held, that
Time of the Demife, as to make a new Edifice, &c. his Affignee might have Remedy upon the Covenant
the Affignee is not bound, except he be named in ex- by Way of Retainer against the Aſſignee of the Re-
prefs Words; nor is he when named, if the Thing verfion. Plowd. 72. If the Remainder of a Term
to be done does not concern the Thing demifed, but of Years be affigned to another, the Affignee ſhall
is collateral to it; or in Contracts merely Perfonal. have the Benefit of a Leffee; and of Re-entry up-
1 Cro. 552. 1 Roll. Abr. 915. Plowd. 284. An Affignee on a Leafe made by the Grantor for fewer Years,
is he that poffeffes or enjoys a Thing in his own
Right; and Deputy is he that does it in the Right of
another. Perkins.
•
c. by the Stat. 32 Hen. S. cap. 34 And the Af-
fignee of a Reverfion of a Term, thall take Advan-
tage of a Covenant against the Leffee of a fhorter
Alignment, (Affignatio) Is the Setting over or Term; as where Leffee for twenty Years, makes a
Transferring the Intereft a Man hath in any Thing Leafe for four Years. Moor, Ca. 694, 695. The
to another. And Affignments may be made of Lands Word Heir, is fufficient to make an Aignee; and
in Fee, for Life, or Years; of an Annuity, Rent the Grantee of a common Perfon is Affignee to have
Charge, Judgment, Statute, &c. but as to Lands Benefit of a Covenant, Grant, &c. Plowd. 173.
they are usually of Leafes and Eftates for Years, &c. Leafe was made for Years of Lands, excepting the
And no Eftate of Freehold, or Term for Years, Woods; the Leffor grants the Trees to the Leffee,
fhall be affigned but by Deed in Writing figned by and he aligns the Land over to another: The Trees
the Parties; except by Operation of Law. Stat. do no pafs by this Affignment to the Aignee. Goldsb.
29 Car. 2. c. 3. A Poffibility, Right of Entry, 188. Leffee for Years rendring Rent, covenants
Title for Condition broken, a Trust, or Thing in to build a Houſe on the Land in ten Years; within
A&tion, cannot be granted or affigned over. 1 Inft. which Time he affigns his Term, A&ion lies on
A Leffee out of Poffeffion cannot make any the Covenant against the Affignee. Godb. 60.
Aſſignment of his Term off from the Land; but muft where a Leffee covenanted for himſelf and his Af-
fift enter, and recontinue his Poffeffion; or feal figns to rebuild a Houfe before fuch a Time, which
and deliver the Deed upon the Land, which puts he did not do, but after the Time expired he af
the Affignee into actual Poffeffion. Dalif. 81. If figned the Term; adjudged that this Covenant will
Leffee for Years affigns all his Term in his Leafe not bind the Affignee, becauſe it was broken be-
to another, he cannot referve a Rent in the Affign-fore the Affignment. 1 Salk. 199. Where Tenant
ment; for he hath no Intereft in the Thing by Rea-
fon of which the Rent referved fhould be paid; and
where there is no Reverfion there can be no Di-
ftrefs: But Debt may lie upon it, as on a Contract.
1 Lill. Abr. 99. Leffee for Term of Years affigns
over his Term and dies, his Executors fhall not be
charged for Rent due after his Deceafe. Noy's Max.
214.
71.
+
•
เ
C.
•
But
for Years affigns his Eftate, no Confideration is ne-
ceffary; for the Tenure being fubje&t to Payment
of Rent, &c. is fufficient to veft an Estate in the
Afignee: In other Cafes fome Confideration must
be paid. 1 Mod. 263. The Words required in Af-
fignments, are grant, affign, and fet over; which may
amount to a Grant, Feoffment, Leafe, Releafe,
Where the Executor of a Leffee affigns the Confirmation, &c. I Inft. 301. In thefe Deeds, the
Term, Debt will not lie.againſt him for Rent incur- Afignor is to covenant to fave harmless from former
red after the Aſſignment; becauſe there is neither Grants, &c. That he is Owner of the Land, and
Privity of Contract, nor Eftate between the Leffor hath Power to affign; that the Afignee fhall quietly
and Exccutor: But if the Leffee himself affigns his enjoy, and to make further Affurance; and the
Leaſe, the Privity of Contra&t remains between him Affignee may covenant to pay the Rent,
and per-
and the Leffor, although the Privity of Eftate is form the Covenants, &c. Bonds, &c. are aligned
gone by the Alignment, and he fhall be chargeable by Power of Attorney to receive and fue in the
during his Life; but after his Death, the Privity of Afignor's Name: But Bills of Exchange are affigna-
Contract is likewife determined. 3 Rep. 14. 1 Nelf.ble by Indorfement, and the Aignees may recover
Abr. 271. Although a Leffee make an Alignment in their own Names by Stat. 3 & 4 Ann. c. 9.
over of his Term, yet Debt lies against him by the
Leffor or his Heir, (not having accepted Rent from
the Affignee:) But where a Leffee affigns his Term,
and the Leffor his Reverfion, the Privity is deter- HIS Indenturc made the Day, &c. in the Year
mined, and Debt doth not lie for the Reverfioner of our Lord, &c. Between A. B. of, &c. Eſq;
against the first Leffec. Moor, cap. 472. And as the of the one Part, and C. D. of, &c. Gent. of the other
Rent iffues out of the Land, the Affignee generally Part: Whereas in and by a certain Writing made and
who has the Land, and is privy in Eftate, is Debtor dated, &c. at Lincoln's Inn, the Benchers of the faid
in Respect thereof. 3 Rep. 32. If an Alignment is Inn did order that the faid A. B. fhould have a Leafe of
made by an Affignee, the firft Affignee is not fuable All that Chamber up one Pair of Stairs, Number, &c.
for the Rent; for if he be accepted by the Leffor, belonging to Lincoln's Inn aforefaid, for the Term of
the Admiffion of one Affignee is the Admiffion of Twenty-one Tears, to commence at, &c. under the yearly
Twenty. Comp. Attorn. 491. Aſſignment by an Affignee Rent of, &c. as by the faid recited Writing or Order may
diſchargeth him, becauſe he was only chargeable as 'more fully appear. And whereas in Purſuance of the faid
An Alignment of Chambers in an Inn of Court.
T
1
!
i
9
こ
​A
A S
A S
Same; and on Payment thereof to deliver up and cancel
the faid Bond, and give fufficient Releaſes and Difcharges
therefore, and one or more Attorney or Attornies under
him to conftitute; and whatsoever the faid E. F. or his
Attorney or Attornies, fhall lawfully do in the Premiffes,
the faid C. D. doth hereby allow and affirm. And the
faid C. D. doth covenant with the faid E. F. that he the
faid C. D. hath not received, nor will receive the faid
Money due on the faid Bond, or any Part thereof; nei-
ther fhall or will release or discharge the fame, or any Part
thereof; but will own and allow of all lawful Proceedings
for Recovery thereof; he the faid E. F. faving the faid
C. D. harmless, of and from any Cofts that may happen
to him thereby. In Witness, &c.
=
Aimulare. To put Highways together: 'Tis
mentioned in Leg. H. 1. c. 8.
Order, a Leafe of the faid Chamber bath been fince made of his Executors and Adminiflrators, but for the fole and
and granted to the faid A. B. for the faid Term of Twen- proper Ufe and Benefit of the faid E. F. bis Executors,
ty-one Fears, &c. Now this Indenture witneffeth, Adminiſtrators and Aligns, to ask, require, demand and
That the faid A. B. for and in Confideration of the Sum receive of the faid A. B. bis Heirs, Executors and Admi-
of Two hundred Pounds of lawful Money of Great Bri-niftrators, the Money due on the Said Bond; and on
rain, to him in Hand paid by the faid C. D. at and be- Non-payment thereof, be the faid A. B. his Heirs, Exe-
fore. the Sealing and Delivery hereof, the Receipt whereof cutors and Adminiftrators, to fue for, and recover the
he doth hereby acknowledge, Hath granted, bargained,
fold, affigned and fet over; and by thefe Prefents doth
grant, bargain, fell, aſſign and ſet over unto the faid
C. D. bis Executors, Administrators and Affigns, All that
the Chamber aforesaid with the Appurtenances, and all
the Estate, Right, Title, Intereft, Property, Claim and
Demand whatſoever of him the faid A. B. of, in and to
the fame, or any Part thereof: To have and to hold
the faid Chamber, with the Appurtenances, to the faid
C. D. bis Executors, Administrators, and Affigns, from
henceforth, for and during all the Reft and Refidue of the
faid Term of Twenty-one Years, therein to come and un-
expired. And the faid A. B. doth by theſe Preſents, for
bimfelf, his Executors and Adminiftrators, covenant and
grant to and with the faid C. D. bis Executors, Admini
ftrators and Affigns, in Manner following; (that is to
fay) that he the faid A. B. hath good Right, full Power
and lawful Authority, to grant and align the faid Cham-
ber and Premiffes above mentioned, in Manner and Form
aforefaid: And that the fame is free and clear of all
former Grants, Affignments, Incumbrances, Arrears of
Rent, and all other Duties payable to the faid Society of
Lincoln's Inn, or any the Officers or Minifters thereof, or
otherwife bowfoever: And alfo that he the faid C. D.
bis Executors, Adminiſtrators and Aſſigns, ſhall and law-be
fully may at all Times hereafter, during the Reft and
Refidue now to come and unexpired of the faid Terni of
Twenty-one Years, peaceably and quietly have, bold, occu
py, poffefs and enjoy the faid Chamber and Premiffes
above mentioned, and hereby granted and affigned, without
any Let, Suit, Trouble, Eviction, Fjection, Claim or De-
mand, of or by the faid A. B. bis Executors, Adminiftra-
tors or Affigns, or any other Perfon or Perfons whatsoever:
And further, that he the faid A. B. his Executors and
Adminiftrators fhall and will from Time to Time, and
at all Times hereafter, upon the reasonable Requeft,
and at the Cofts and Charges of the faid C. D. make, do,
and execute, or caufe to be made, done and executed, all
and every fuch further Acts and Affurances, for the better
Aligning and furing of the faid Chamber and Premiffes
to the faid C. D. as by him the faid C. D. or his Coun-
fel learned in the Law, shall be reasonably devifed, ad-
vifed or required. In Witnefs whereof the Parties above
named have hereunto put their Hands and Seals, the Day
and Year above written.
T
Form of an Alignment of a Bond.
Mila Cadere. This Word fignifies to be non-
fuited; as when there is fuch a plain and legal In-
fufficiency in a Suit, that the Complainant can pro-
ceed no further on it. Fleta, lib. cap. 15. Bracton,
lib. 2. cap. 7.
Affila cadit in Juratam, Is where the Thing in
Controverty is fo doubtful, that it muft neceffarily
tried by a Jury. Fleta, lib. 4. c. 15.
Afifa continuanda. A Writ directed to the Ju-
ftices of Afife for the Continuation of a Cauſe, when
certain Records alledged cannot be produced in
Time by the Party that has Occafion to uſe them.
Reg. Orig. 217.
*
lila zozoganda, Is a Writ directed to the Ju-
ftices affigned to take Affizes, for the Stay of Pro-
ceedings, by Reafon of the Party's being employed
in the King's Bufinefs. Reg. Orig. 208.
life, (Fr. Affis) According to our ancient Books
is defined to be an Affembly of Knights, and other
fubftantial Men, with the Justice, in a certain
Place, and at a certain Time appointed. Cufum.
Normand. cap. 24. This Word is properly derived
from the Latin Verb Afideo, to fit together; and is
alfo taken for the Court, Place or Time, when and
where the Writs and Proceffes of fife are handled
or taken. And in this Signification Afife is Gene-
ral, as when the Juftices go their feveral Circuits
with Commiffion to take all Affifes: Or Special
where a ſpecial Commiffion is granted to certain
Perfons, (formerly oftentimes done) for taking an
Afife upon one or two Diffeifins only. Bract. lib. 3.
O all People to whom thefe Prefents fhall come, Concerning the General Affife, all the Counties of
Greeting: Whereas A. B. of, &c. in and by England are divided into fix Circuits, and two
one Bond or Obligation, bearing Date, &c. became bound Judges are affigned by the King's Commiffion to
to C. D. of, &c. in the penal Sum of, &c. conditioned every Circuit, who hold their Afifes twice a Year in
for the Payment of, &c. and Intereft at a Day long fince every County, (exept Middlefex, where the King's
pdft, as by the faid Bond and Condition thereof may ap- Courts of Records do fit, and where his Courts for
pear: And whereas there now remains due to the faid his Counties Palatine are held) and have five feve-
C. D. for Principal and Interest on the faid Bond, the ral Commiffions. 1. Of Oyer and Terminer, directed
Sum of, &c. Now know ye, That the faid C. D. for to them and many other Gentlemen of the County,
and in Confideration of the faid Sum of, &c. of lawful by which they are empowered to try Treafons, Fe-
British Money to him in Hand paid by E. F. of, &c. lonies, &c. and this is the largest Commiffion they
the Receipt whereof the faid C. D. doth hereby acknow-have. 2. Of Gaol Delivery, dire&ted to the Judges
ledge; be the faid C. D. Hath affigned and fet over,
and by theſe Preſents doth affign and fet over unto the
faid E. F. the faid recited Bond or Obligation, and the
Money thereupon due and owing, and all his Right and
Interest of, in and to the fame. And the ſaid C. D. for
the Confideration aforefaid, Hath made, conftituted and
appointed; and by these Prefents doth make, conftitute and
appoint the faid E. F. his Executors and Adminiftrators,
his true and lawful Attorney and Attornies irrevocable,
for him and in his Name, and in the Name and Names
4
and the Clerk of Afife Affociate, which gives them
Power to try every Prifoner in the Gaol committed
for any Offence whatsoever, but none but Prifon-
ers in the Gaol; fo that one Way or other they
rid the Gaol of all the Prifoners in it. 3. Of Aſſiſe,
directed to themfelves only and the Clerk of Affife,
to take Afifes, and do Right upon Writs of Afife
brought hefore them by fuch as are wrongfully
thruft out of their Lands and Poffeffions: Which
Writs were heretofore frequent, but now Men's
Poffeffions
1
}
AS
AS
Poffeffions are ſooner recovered by Ejectments, &c.
4. Of Nifi prius, directed to the Judges and Clerk
of Afife, by which Civil Caufes grown to Iffue in
the Courts above, are try'd in the Vacation by a
Jury of twelve Men of the County where the Caufe
of Action ariſes; and on Return of the Verdi&t of
the Jury to the Court above, the Judges there give
Judgment. 5. A Commission of the Peace, in every
County of the Circuits; and all Juftices of the
Peace of the County are bound to be prefent at the
Affifes; and Sheriffs are alfo to give their Ar-
tendance on the Judges, or they fhall be fined. Ba-
con's Elem. 15, 16, &c. There is a Commiffion of
the Peace, Oyer and Terminer and Gaol Delivery of
Newgate, held feveral Times in a Year, for the
City of London and County of Middlefex, at Juftice-
Hall in the Old Baily, where the Lord Mayor is the
Chief Judge. In Wales there are but two Circuits,
North and South Wales; for each of which the King
appoints two Perfons learned in the Laws to be
Judges. Stat. 18 Eliz. c. 8. If Justices fit by Force
of a Commiffion, and do nor adjourn the Commif-
fion, it is determined. 4 Inft. 265. The Conftitution
of the Juftices of Affife, was begun by Hen. 2. tho'
fomewhat different from what they now are: And
by Magna Charta Juftices fhall be ſent through eve-
ry County once a Year, who with the Knights of
the respective Shires, fhall take Affifes of Novel
Diffeifin, &c. in their proper Shires, and what can-
not be determined there, fhall be ended by them
in fome other Place in their Circuit; and if it be
too difficult for them, it fhall be referred to the
Justices of the Bench, there to be ended. 9 Hen. 3.
Juftices of Affife, &c. are to hold their
Seffions in the chief Towns of the County; and
their Records to be fent into the Exchequer. 6 R.
2.9 Ed. 3. Affife is likewife ufed for a Fury,
where Affifes of Novel Diffeifin are tried: The Pa-
nels of Affifes fhall be arrayed, and a Copy in-
dented delivered by the Sheriff, &c. to the Plain-
tiffs and Defendants fix Days before the Seffions,
&c. if demanded, on Pain of 401. by Stat. 6 H. 6.
cap. 2. And Affife is taken for a Writ for Recovery
of Poffeffion of Things immovable, whereof any
one and his Ancestors have been diffeifed. Likewife
in another Senfe, it fignifies an Ordinance or Statute.
Reg. Orig. 279. The Writs of Affife are the four
Sorts following.
cap. 12.
Alfile of Novel Diffeilin, (Affifa Nova Diffeifina)
Lies where Tenant in Fee fimple, Fee-tail, or for
Term of Life, is put out and diffeifed of his Lands,
or Tenements, Rents, Common of Pafture, Com-
mon Way, or of an Office, Toll, &c. Glanv. lib. 10.
Reg. Orig. 197. Affife must be of an actual Freehold
in Lands, Sc. and not a Freehold in Law: It lieth
of Common of Pafture, where the Commoner hath
a Freehold in it, and the Lord or other Perfons
feed it fo hard, that all the Grafs is eat up; but
then the Plaintiff muft count and fet forth how
long the Land was fed, and alledge per quod Profi-
cuum fuum ibidem amifit, &c. 9 Rep. 113. One may
have an Affife of Land and Rent, or of feveral
Rents, and Offices and Profits in his Soil, all in
one Writ: And if it be of a Rent-Charge, or
Rent-Seck, it fhall be general de libero Tenemento in
fuch a Place, and all the Lands and Tenants of the
Tenements charged ought to be named in the Writ;
but in Affife for Rent-Service it is otherwife. Dyer
An Affife may be brought for an Office held
for Life; but then it must be an Office of Profit,
not of Charge only: Of the Toll of a Mill, or
Market, Affife lieth; tho' it may not be brought of
Suit to a Mill. S Rep. 46, 47. By Magna Charta, 9
Hen. 3. cap. 12. Affifes of Novel Diffeifin, &c. fhall be
taken in the proper Counties, by the King's Jufti
ces: And for Eftovers of Wood, Profit taken in
Woods, Corn to be received yearly in a certain
Place; and for Toll, Tonnage, &c. and of Offices
31.
L
in Fee, an Affife fhall be; alfo for Common of Tur-
bary, and of Fishing, appendant to Freehold, c.
And in this Suit, if the Defendant fail to make
good the Exception which he pleads, he shall be
adjudged a Diffeifor, without taking the Affife; and
fhall pay the Plaintiff double Damages, and be im-
prifoned a Year. Stat. 13 Ed. 1. cap. 25. If in an
Afife no Tenant of the Freehold be mentioned, the
Defendant may plead it; and where one Defen-
dant pleads, no Tenant of the Freehold named in
the Writ, if this is found, the Writ fhall abate
quoad all. Dyer 207. On fuch a Plea of the Defen-
dant, the Plaintiff fays that he hath made a Feoff-
ment to Perfons unknown, and he himſelf hath
continually taken the Profits; if then they are at
Iffue upon the Taking of the Profits, and it be
found against the Defendant, it fhall not be inqui-
red of the Points of the Affife, for the Diffeifin is ac-
knowledg'd. 1 Danv. Abr. 584. And if the Deed of
the Anceftor of the Plaintiff be pleaded in Bar, and
this is denied, and found for the Plaintiff; the Af
fife fhall not inquire of the Points of the Writ, but
only of the Damages. Ibid. 585. In Affife the Te-
nant pleads in Bar, and the Plaintiff makes Title,
but the Tenant doth neither anſwer nor traverſe
the Title; in this Cafe the Affife fhall be awarded
at large. Cro. Eliz. 559. And if any other Title is
found for the Plaintiff, he fhall recover. Bro. Aſſi.
281. A Tenant pleads in Abatement in an Affife,
he muft at the fame Time plead over in Bar; and
no Imparlance ſhall be allowed, without good Cauſe:
And where there are feveral Defendants, and any
of them do not appear the firft Day, the Affife fhall
be taken against them by Default. Pafch. 5 W. 3.
If Afife be brought againſt a Leffee, he may not
plead Affifa non; for that is the Form of the Plea
in Bar for Tenant of the Freehold: He ought to
plead the fpecial Matter, viz. his Leafe, the Re-
verfion in the Plaintiff, and that he is poffeffed,
and fo in without Wrong. Fenk. Cent. 142.
Affife is to be firft arraigned, and the Plaintiff's
Counſel prays the Court that the Defendant may
be called; whereupon he is called; and if the De-
fendant appears, then his Counfel demand Oyer of
the Writ of Affife, and the Return of it; which is
granted; and then he prays Leave to impar to a
fhort Time after, and the Jury is adjourn'd to that,
Day: At the Day given by the Court, the Defen-
dant is again called, and upon his Appearance, he
pleads to the Affife, and upon this an Iffue is joined
between the Parties, and the Jurors are fworn to
try the Iffuc, the Counſel proceeding to give them
their Evidence: After the Trial the Court gives
Judgment, and the Plaintiff recovering is to have
Writ of Seifin, &c. 1 Lill. Abr. 105, 106. The Trial
on Affife is Feftinum Remedium; and in this A&tion,
the Land, Damages and Cofts are recovered. The
Jurors that are to try the Affife, are called Recogni-
tors of the Affife; and they are to view the Thing
in Demand: By Writ of Afife, the Sheriff is com-
manded, Quod faciat duodecim liberos & legales homines
de vicineto, &c. Videre tenementum illud, & nomina co-
rum imbreviari, & quod fummoneat eos per bonas fum-
monitiones, quod fint coram fufticiariis, c. parati inde
facere recognitionem, &c. În an Affife, the Plaintiff
must prove his Title, then his Seifin and Diffeifin:
But Seifin of Part of a Rent, is iufficient to have
Affife of the whole; and if a Man who hath Title
to enter, fet his Foot upon the Land and is oufted,
that is a fufficient Seifin. Comp. Attorn. 267. Seifin of
an Office may be alledged by taking Money for the
Bufinefs done, and the Place where the Officer fat
be put in View. Dyer 114. In Affife, the Defendant
fhall not effoin, nor caft a Protection, or pray in
Aid of any but the King, vouch any Stranger, or
Party to the Writ, unless he enter prefently into the
Warranty. S Rep. 50. The Plaint need not be ſo cer-
tain in fife as in other Writs; the Judgment be
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ing to recover per Vifum Recognitorum; and if the the faid T. affixed thereto and by him figned, the faid A.
Plaint be but to certain as the Recognitors may here brings into this Court, the Date whereof is the fame
put the Demandant into Poffeffion, it is fufficient. Day and Year above, be for himself his Heirs and Affigns
Dyer 84. The Demandant in an Affife may abridge did covenant, grant, &c. (here reciting a Deed of Cove-
his Plaint at any Time after the Jury are charged, nants to levy a Fine of the Tenements, among other Things,
before Verdict. 1 Danu. 580. For Proceedings in and the Fine levied accordingly) to the Use of A, and his
Writ of Affife of Novel Diffeifin. fee Plowd. 411, 412. Heirs, &c. By Virtue of which Fine fo levied, the faid
If Leffee for Years, or Tenant at Will, be oufted, the A. into the faid Tenements with the Appurtenances entered,
Leffor, or he in Remainder, may have Affife, be- and was thereof feifed in his Demefne as of Fee, until the
cauſe the Freehold was in him at the Time of the aforesaid C. D. him the faid A. thereof unjustly, and with-
Diffeifin. Kel. 109. Alife lies' for Tithes, by Stat.out Fudgment did diffeife as aforefaid; and this he is
3.2 Hen. 8. cap. 7. Cro. Eliz 559. But not for an An-ready to verify; whereupon he prays the Affife, &c. And
nuity, Penfion, &c. In fome Cafes an Affife will the faid C. by, &c. his Attorney comes, &c. and faith,
lie, where Ejectment will not; for Inftance, de uno that he has nothing in the faid Tenements with the Ap-
Crefto, becaule it may be put in View to the Jury. purtenances, to put in View of the Recognitors of the faid
2 Bulft. 214 Ejectment will not lie de Pifcaria, by Affife, and in the Plaint or Declaration aforefaid Specified,
Reaſon the Sheriff cannot deliver Poffeffion of it; nor had at the Day of bringing the original Writ of Affife
but an Affife will lie for it, as it may be viewed by aforesaid, or ever after, nor any Injury or Diffeifen did to
the Recognitors. Cro. Car. 534. Affife will lie fome- the faid A. And of this he puts himself upon the Affife;
times where Trefpafs Vi& Armis doth not; as and the faid C. does likewife: Therefore let the Affife
where a Lord enters and diftrains his Tenant fo of thereof between them be taken, &c. (here follows the Ver-
ten, when nothing is due, that the Tenant is di-dict of the Recognitors or fury, for the Plaintiff A.)
Aturbed in manuring his Lands; in fuch Cafe, he Therefore it is confidered, that the faid A. do recover a-
may have Affife de fovent foits Diftrefs, but he cannot gainst the faid C. his Seifin of the Tenements aforefaid,
have Trefpafs Vi & armis against his Lord. 8 Rep. with the Appurtenances, and alfo, &c. And the faid C.
47. I Nelf. Abr. 276. Where an Affife concerns the is in Mercy, &c. And hereupon the faid A. prays the
King and his Prerogative, the Judges may be pro-Writ of the Lord the King, to be directed to the Sheriff
hibited to proceed therein, by Writ De non ulterius
Profequendo Rege inconfulto. Ibid. 277. The Court of
Common Pleas or King's Bench may hold Plea of Af-
fifes of Land in the County of Middlefex, by Writ
out of Chancery. 1 Lill. Abr. 105. And in Cities
and Corporations an Affife of fresh Force lies for Re-foris) Is a Writ that lieth where a Man's Father,
covery of Poffeffion of Lands, within forty Days af-
ter the Diffeifin, as the ordinary Affife in the County,
F. N. B. 7.
Form of a Writ of Affife of Novel Diffeifin.
of the County aforefaid, to caufe to be delivered to him full
Seifin of the Tenements aforesaid with the Appurtenances;
and it is granted to him, returnable here, &c.
Alife of Mozt d'Ancestor, (Affifa Mortis Antecef
Mother, Brother, Sifter, Uncle, Aunt, &. died
feifed of Lands, Tenements, Rents, &c. that were
held in Fee, and after their Deaths a Stranger a-
bareth. Reg. Orig. 223. It is good as well againſt
the Abator, as any other in Poffeffion of the Land:
But it lies not against Brothers or Sifters, &c. where
EORGE the Second, &c. To the Sheriff of there is Privity of Blood between the Perfon pro-
the
W. Greeting. A. B. hath complained to us, that fecuting and them. Co. Litt. 242. And it muſt be
C. D. unjustly and without Judgment hath diſſeiſed him brought within the Time limited by the Statute of
of his Free-Tenement or Freehold in, &c. within thirty Years Limitations, or the Right may be loft by Negli-
now last past; and therefore we command you, that if gence. If the Anceftor were feiled the Day that
the faid A. makes you fecure in profecuting his Claim, he died, of any Lands, or other Eftate in Fee-fim-
then that you cauſe the ſaid Tenement to be re-feifed of the ple, although a Stranger entereth and diffeife th
Chattels which in it were taken, and the fame Tenement him of that Land the Day that he dieth, fo that he
with its Chattels to be in Peace, until the next Affifes dicth not feifed of the faid Land; yet the Perfon
when our Fuftices into thofe Parts shall come; and in the who is his Heir fhall have the Affife of Mort d'An-
mean Time do you cauſe Twelve free and lawful Men of ceffor, becaufe the Writ doth not fuppoſe that the An·
that Venue or Neighbourhood to view the faid Tenement, ceftor died feifed; but faith Parati Sacramento recogn.
and their Names to be impanelled, and fummon them by Si W. B. Pater, &c. fuit feifitus die quo obiit, &c.
good Summoners, that they be before our faid Fuftices at And the fame is fufficient, although he dieth not
the faid Affiles, ready to make Recognizance thereof; fcifed. Fitz. Nat. Br. 433. If a Man go beyond Sea
and put by Sureties and fafe Pledges the faid C. or bis in Pilgrimage, and dieth there; or if he enter into
Bailiff, if he shall not be found, that he then be there to Religion, c. his Heir fhall have a Writ of Aſſiſe
hear that Recognisance; and have you there the Sum of Mort d'Ancestor, and it fufficèth that the Ancestor
moners, the Names of the Pledges, and this Writ. Wit-was feifed the Day he went out of the Land, al-
nefs, &c.
though it was not the Day of his Death. Ibid. 434,
435. By the Statute of Gloucester, if Tenant by the
A Count or Declaration, with a Plea, Iffuc, and Judg-Curtefy alien his Wife's Inheritance, and dieth, the
ment in an Affiſe.
T
Wilts, ff. HE Affife come to Recognize, whether
C. D. unjustly and without Fudgment
did diſſeife A. B. of his Freehold in, &c. within thirty
Years now last past, &c. And whereupon the faid A.
by T. E. bis Attorney complains, that he the faid C. dif.
feifed him of one Meſſuage, twenty Acres of Lands, and,
&c. with the Appurtenances, in, &c. And for his Title
to the Tenements and Affife aforefaid, the faid A. faith,
that T. B. Father of him the faid A. long before the ob-
taining of the ſaid Original Writ of Affife, was feifed of
the Tenements aforesaid with the Appurtenances, in his
Demefne as of Fee; and being fo feifed thereof, the Day
and Year, &c. at, &c. aforesaid, by his Indenture, made
between him the ſaid T. of the one Part, and, &c. of
the other Part, which other Part thereof with the Seal of
Heir of the Wife fhall have an Affife of Mort d'An-
ceftor, if he have not Affets by Deſcent from the
Tenant by the Curtefy; and the fame fhall be as
well where the Wife was not feifed of Land the
Day of her Death, as where he was feifed thereof.
6 Ed. 1. New Nat. Br. 489. A Warden of a Col-
lege, &c. fhall have Affife of Mort d'Ancestor, of
Rent where his Predeceffor was feifed. And a Man
may have Afife of Mort d'Ancestor of Rents, againſt
feveral Perfons in feveral Counties; having in the
End of the Writ feveral Summons against the Te-
nants: And the Procefs in this Writ, is Summons
against the Party; and if he makes Default at the
Day of the Affife returned, then the Plaintiff ought
to fuc out a Refummons; and if he makes Default
again, the Affe fhall be taken, &c. Bro. Aſſif. 88.
In a Mort d'Ancestor, if the Tenant fays, the Plain-
3
4
tiff
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tiff is not next Heir, and this is found againft him, Ordinary doth prefent another by Lapfe, on that
the Points of the Writ fhall be inquired of: And Incumbent's Death the right Patron fhall prefent;
in this Cafe, the Affife may find, that tho' the Plain- and if he be difturbed, he fhall have an Affife of
tiff be the next Heir, yet he is not next Heir as to Darrein Prefentment, notwithſtanding the mean Pre-
this Land; for this is in regard of their Inquiry at fentments: But one cannot make Title to a Pres
large. Br. Mort d'An. 47. 1 Danv. Abr. 584. Damages fentment in Time of War. Ibid. A Tenant in Tail'
fhall be recovered in the Afife of Mort d'Anceftor; of an Advowfon may have this Writ, as well as Te-
but it lieth not of an Eftate-tail, only where the nant in Fee thereof, and is not put to a Quare Im-
Ancestor was feiſed in Demefne as of Fee. Bro. Affif.pedit: And 'tis faid a Leffee for Years may bring it,
If a Man be barred in Affife of Novel Diffeifin, upon
fhewing a Difcent, or other ſpecial Matter, he may
have Mort d'Anceflor, or Writ of Entry fur Diffeifin,
&c. 4 Rep. 43.
G
Form of a Writ of Aſſife of Mort d'Ancestor.
if he hath prefented before, altho' he hath no Free-
hold; for this Affife is not like an Affife of Novel
Diſſeifin. 46 A. 4. F. N. B. 31. Though he who
will generally bring the Affife of Darrein Preſentment,
ought to have the fame Eftate or Part thereof,
which he had at the Time of the first Preſentment:
Therefore if fuch Leffee for Years of an Advowfon
prefents, and after his Eftate is enlarged for Life,
or in Fee; and then the Church becomes void, he
fhall not have this Writ, becauſe he hath a new
Eftate by Enlargement, and no Part of his former
Eftate. Kelw. 118. Mallor. Qu. Imped. 162. By Mag-
fentment are to be always taken before the Justices
of the Bench, and there fhall be determined. In
Affife of Darrein Prefentment, the Process is Sum-
mons and Refummons, Habeas Corpus, &c. And if
the Writ be brought in Middleſex, at the Return the
Affife ſhall be there arraigned at the Bar, and the
Tenant demanded; if the Tenant doth not appear,
a Refummons fhall be awarded; and if upon that
he appeareth not, the Afife is to be taken againſt
him by Default, &c. In this Affife, fix of the Jury
ought to have the View of the Church, to the In-
tent that they may put the Plaintiff in Poffeffion,
if he recovers: And the Judgment is to recover the
Preſentation and Damages, and the Value of the
Church for Half a Year; and if Six Months be paſt,
Two Years Value of the Church fhall be recovered,
by Stat. Weft. 2. 13 Ed. 1. cap. 5.
4
EORGE the Second, &c. To the Sheriff of W.
I Greeting: If A. B. fhall make you fecure, that he
will profecute his Claim, then fummon, &c. Twelve free
and lawful Men of the Neighbourhood of, &c. that they
be before our Fuftices at the first Affifes, when into thofe
Parts they shall come; or before our Justices at West-na Charta 9 H. 3. c. 13. Thefe Affifes of Darrein Pre
minfter on the Day, &c. or before our trusty and beloved,
&c. and those whom to them we shall affociate, at a cer
tain Day and Place, which the faid Juftices fhall caufe
you to know (or to be known to you) ready upon Oath to
recognize, if W. B. Father of the faid A. &c. was
feifed in his Demefne as of Fee, of one Meffuage, and one
Yard-Land with the Appurtenances in D. the Day which
be dy'd; and whether he dy'd, &c. And if the faid A.
be his next Heir; and in the mean Time, let them fee the
faid Meffuage and Land, and do you caufe their Names to
be impanel'd; and fummons by good Summoners C. D.
who now holdeth the faid Meuage and Lands, that he
be there to hear the Recognition: And have you there the
Summoners, and this Writ. Witneſs, &c.
Alife of Darrein Prefentment, (Affifa ultima
Præfentationis) A Writ lying where a Man and his
Ancestors have prefented a Clerk to a Church, and
after, the Church being void, a Stranger preſents
his Clerk to the fame Church, whereby the Perfon
having
difturb'd. Reg. And
Form of a Writ of Affife of Darrein Prefentment,
EORGE the Second, &c. To the Sheriff of
A.
Main hall have life of Darren Preentment, altho GW. Greeting: If B. ball secure you, Bec, then
Names to be return'd, and fummon C. D. who deforced
him of that Advowson, that he be there to hear, &c. And
have you then there the Summoners and this Writ. Wit-
nefs, &c.
he nor his Ancestors did prefent to the laft Avoid-do you fummon by good Summoners Twelve free and law-
ance: As if Tenant for Life or Years, or in Dow-ful Men of the Venue or Neighbourhood of D. that they
er, or by the Curtefy, fuffer an Ufurpation into a be before our Fuftices, &c. ready to recognize upon their
Church, &c. and die; he in Reverfion, who is Oaths, what Patron in the Time of Peace prefented the
Heir unto the Anceftor who laft prefented, fhall laft Parfon, or Incumbent, who is dead, to the Church of,
have Affife of Darrein Prefentment, if he be diſturbed: &c. which is vacant, as 'tis faid, and the Advowson
But if a Man prefent; and then grant the Adrow-whereof, the faid A. faith belongs to him; and in the mean
fon unto another for Life, and he fuffer one Ufur-Time the Church let them view, and do you cause their
pation, or two, or three Ufurpations; now at the
next Avoidance, he in the Reverfion fhall not have
an Affife of Darrein Prefentment, if he be diſturbed to
prefent. 10 Ed. 3. In this Cafe he is put to his Writ
of Right. If a Disturber prefent to an Advowfon,
and the Patron bring an Affife of Darrein Prefentment, Allile de utrum, (Affifa utrum) Lieth for a Par-
and pendent the Writ, the Incumbent dieth, if the fon against a Layman, or a Layman against a Par-
Diſturber prefenteth again and dies, yet the Patron fon, for Lands or Tenements doubtful, whether they
fhall have an Affife of Darrein Prefentment upon the be Lay-fee, or Free Alms belonging to the Church.
first Disturbance againſt the Heir of the Diſturber, Bract. lib. 4. It is a Writ of the higheſt Nature
by Journeys Accounts. New Nat. Br. 71. Affife of that a Parfon can have: And if a Parfon, Preben-
Darrein Prefentment doth not lie for one Coparcener dary, &c. lofe by Default in a real Action, he may
againſt the other: The Church is never litigious have this Writ; for it is his Writ of Right. 6 Rep. 8.
between Parceners; for if they cannot agree, the Theſe are the four Kinds of Writs of Affife, uſed in
Ordinary ought to admit the Prefentee of the El Actions poffeffory; and are called Petit Affifes, in
deft: Contra of Jointenants. Mich. 15 Ed. 3.
Ed. 3. If a refſpect of the Grand Affife: For the Law of Fees is
Man prefent to a Church, and afterwards the Par-grounded upon two Rights, one of Poffeffion, the o-
fon doth refign, &c. and the Patron prefents again ther of Property; and as the Grand Affife ferves for
and is diſturb'd, he ſhall have this Writ, altho the the Right of Property, fo the Petit Affe ferveth
former Preſentee be living; and the Writ fhall to fettle the Right of Poffeffion. Horn's Mirr.
fuppofe, that the Defendant doth deforce him of the Common Law there are but two Forms of Writs
the Advowfon; and yet the Plaintiff by his Decla- of Affife, viz. Affife de Libero Tenemento, and Affife de
ration counteth that he or his Ancestors laft pre-
fented, by which he fuppofeth that he is in Poffef
fion, &c. New Nat. Br. 74. A Perfon prefents to an
Advowfon, and after the Incumbent dies, and the
Ar
Communia Paftura. 8 Rep. 45. The Afifes of Novel
Diffeifin, &c. and De Communia Pafture, were infti-
tuted by H. 2. in the Place of Duels: And there-
fore Glanvile tells us, That Magna Afifa eft Regale
P
beneficium,
:
A S
A S
2
tion allowed and admitted, doth not lie; nor are the
Juftices then to admit other Affociation in that Writ
afterwards, fo long as that Writ and Commiffion
ftand in Force. Br. Afife 386. Mich. 32 H. 6. The
King may make an Affociation unto the Sheriff upon
a Writ of Rediffeifin, as well as upon Affife of Novel
Diffeifin, &c. New Nat. Br. 416, 417.
▸
ociation of Parliament. In the Reign of
King William III. the Parliament entered into a fo-
lemn Affociation to defend his Majesty's Perſon and
Government against all Plots and Confpiracies: And
all Perfons bearing Offices Civil or Military, were
injoined to fubfcribe the Affociation, to ftand by King
William, on Pain of Forfeitures and Penalties, &c.
By Stat. 7 & 8 W. 3. cap. 27.
Aloite, (Abfolvere) To deliver from Excommuni-
cation. Staundf. Pl. Cr. 72.
The Defendant ſhall
remain in Prifon till the Plaintiff is affoiled; that is,
delivered from his Excommunication: And in Stat.
Hen. 4. c. 10. Mention being made of K. Edw. 3.
is added, whom God affoil.
beneficium, clementia principis de Confilio procerum populis | been holden, that an Affociation after another Affocia-
indultum, a quo vite hominum & Status integritati tam
falubriter confulitur, ut in jure, quod quis in Libero Soli
tenemento poffidet, retinendo, Duelli cafum hornine's decli-
nare poffunt ambiguum, &c. Glanv. lib. 2. cap. 7..
Aile of the Fozet, (Alifa de Forefta) Is a Sta-
tute touching Orders to be obferv'd in the King's
Foreft. Manacod 35. The Statute of View of Frank-
Pledge, Anno 18 Ed. 1. is alfo called the Afife of the
King: And the Statute of Bread and Ale 51 Hen. 3.
is termed the Afife of Bread and Ale. And thefe
are fo called, because they fet down and appoint a
certain Meaſure, or Order, in the Things they con-
tain. There is further an Afife of Nufance, Afifa
Nocumenti, where a Man maketh a Nufance to the
Freehold of another, to redrefs the fame. And be-
fides Littleton's Divifion of Affifes, there are others
mentioned by other Writers, viz. Affife at large,
brought by an Infant to enquire of a Diffeifin, and
whether his Ancestor were of full Age, good Me
mory, c. when he made the Deed pleaded,
whereby he claims his Right. Afife in Point of Afit
fife, (Afifa in modum Affife) which is when the Te-
nant as it were fetting Foot to Foot with the De-
mandant, without any Thing further, pleads direct-
ly to the Writ, no Wrong, no Diffeifin. Afife out of
the Point of Afife, is when the Tenant pleadeth
fomething by Exception; as a Foreign Releafe, or
Foreign Matter triable in a Foreign County;
which must be tried by a Jury, before the principal
Cauſe can proceed. Alife of Right of Damages is
where the Tenant confeffeth an Oufter, and refer-
ring it to a Demurrer in Law, whether it were
rightly done or not, is adjudged to have done
Wrong; whereupon the Demandant fhall have a
Writ of Afife to recover Damages. Bract. lib. 4.
F. N. B. 105. Afifes are likewife awarded by De-
fault of Tenants, &c.
Alilors, (Aſſiſores) Sunt qui Afifas condunt, aut
Taxationes imponunt.
In Scotland, (according to
Skene) they are the fame with our Jurors; and their
Oath is this:
We shall leil fuith jay,
And na fuith conceal, for nathing we may,
So far as we are charg'd upon this Affife,
Be God himſelf, and be our Part of Paradife,
And as we will answer to God, upon
The dreadful Day of Dome.
コ
​mumpat, (from the Lat. Affumo) Is taken for a
voluntary Promife, by which a Man affumes or
takes upon him to perform or pay any Thing to
another: It comprehends any verbal Promife, made
upon Confideration; and the Civilians exprefs it
diverfly, according to the Nature of the Promife,
calling it fometinies Pactum, fometimes Promiffionem,
or Conftitutum, &c. Terms de Ley 60. When one be-
comes legally indebted to another for Goods fold,
the Law implies a Promiſe that he will pay this
Debt; and if it be not paid, Indebitatus Affumpfit lies.
1
Danu. Abr. 26. And Indebitatus Affumpfit lies for
Goods fold and delivered to a Stranger ad requifitio-
nem of the Defendant. Ibid. 27. But on Affumpfit for
Goods fold, you must prove a Price agreed on, o
therwiſe the Action will not lie; though this is helped
by laying a Quantum Meruit with the Indebit. Affump-
fit, wherein if you fail in Proof of the Price agreed,
you may recover the Value. Wood's Inft. 536. Where
Action is brought upon a Contra&t, if the Plaintiff
miſtakes the Sum agreed upon, he fails in his Ac-
tion; but if he brings it upon the Promife in Law,
arifing from the Debt, there though he miſtakes the
Sum he fhall recover. Alleyn 29. Every Contra&t
made between Pärries, implies a mutual Promife
for Performance: And yet an Action
an Action may be
brought on a reciprocal Promife by one against the
other, altho' he who brings it hath not performed
Afifus, Rented or farmed out for fuch an Affife, on his Side. Dyer 30, 75. When an Affumpfit or Pro-
or certain affeffed Rent in Money or Provifions. mife is the Ground of the Action, it must be pre-
Terra affife was commonly oppofed to Terra Domi- cifely fet forth; but in Actions upon mutual Pro
nica; this laft being held in Demain, and occupied mife, it is fufficient to fay generally that the Defen-
by the Lord, the other let out to inferior Tenants. dant hath not performed his Part, without affign-
So among the Lands of the Knights Templars, be-ing of a Breach. 3 Lev. 319. He for whofe Benefit
longing to their Preceptory of Sandford. Com. Oxon. a Promife is made, it is faid, may have an Action
Apud Covele de dono Matildis Regine habentur quatuor for the Breach of this Promife, although the Pro-
bide, quarum dua funt in Dominico, & due Affifæ ab mife was not made to him. 2 Lev. 210. If a Pro-
bominibus apud, &c. -Kennet's Paro. h. Antiq. 141. mife be made without Limitation of Time for its
And hence comes the Word to affefs or allot the Performance, reafonable Time ſhall be allowed, if
Proportion and Rates in Taxes and Payments by there be an immediate Confideration for it; and not
Affefors.
Time during Life. 1 Lill. Abr. 112. On Promife to
deliver a Thing fuch a Day, the Party is bound to
do it without Requeft. 1 Lev. 284. But if a Pro-
mife be to do any Thing, upon Requeft, the Re-
queft is neceffary to entitle the Action, on which
it fhall arife. 1 Lev. 48. In every Action upon Af-
fumpfit, there ought to be a Confideration, Promife,
and Breach of Promife. I Leon. c. 405. A Confide-
ration upon which a Promife begins, cannot be dif
charged without fome other Confideration: And
Confideration that if a Perfon will forbear to fue
another upon a Bond, &c. may be a good Confide-
ration to pay the Debt, on Promife to do it. Cro.
Fac. 620, 683. Two Perfons go to an Inn-keeper,
one hires an Horfe, and the other Promifes that if
the Inn keeper will deliver the Horfe, he will fee it
C.
thment, A Wiregeld, or Compenfation, by a
pecuniary Mul&: From the Prepofition Ad, and
the Sax. Sithe, Vice: Quod vice fupplicii ad expiandum
delictum folvitur.
Afòciation, (Affociatio) Is a Writ or Patent fent
by the King, either at his own Motion, or at the
Suit of a Party Plaintiff, to the Juftices appointed
to take Affifes, or of Oyer and Terminer, &c. to have
others affociated unto them. And this is uſual where
a Juftice of Affife dies; and a Writ is iffued to the
Juftices alive to admit the Perfon affociated: Also
where a Juftice is diſabled, this is practifed. F. N. B.
185. Reg. Orig. 201, 206, 223. The Clerk of the
Affife is ufually Affociate of Course; in other Cafes,
fome learned Serjeants at Law are appointed. It has
forth-
}
5
A S
A S
}
3
2 Cro, 273.
-
•
·
where a Man promiſes me, that if I will travel
with him to London to help him to fearch for the Will
of F. S. he will pay me 51. for my Pains; if I fue
for the Money, I muft fhew that I did travel with
him to London, and help him to fearch for the Will,
c. 2 Cro. 620. The Affumpfit in an Agreement
that will be binding and give Action, must be com-
pleat and perfect, and duly purfued and obferved":
And if the Party that makes the Affumpfit, and he to
whom it
whom it is made agree together, and a Bond is
given and taken for what is promifed; by this the
Affumpfit is difcharged. Alfo where an Affumpfit is
to ftand to an Award, if the Award made be void;
it will make the Affumpfit void. Telu. 87. 2 Leon, ca.
223. 1 Leon. 170. The intent of the Parties by and
to whom the Promiſe or Affumpfit is made, is more
to be regarded than the Form of Words, and this In-
tent and Meaning is to be followed, not in the Letter,
but the Subftance of it: If a Promiſe be to provide
Wedding Clothes for a Woman, this fhall be taken
for fuch Clothes to be worn the Wedding or Feaſt
Day according to the Dignity of the Perfon. Popb.
182. Yelv. 87. 3 Cro. 53. There may be Action
without an Affumpfit, when the Law obliges a Per-
fon to agree or act; as againſt a Victualler for re-
fufing to entertain his Gueſts. 1 Vent. 72, 333. An
Affumpfit may be upon a general Confideration; but
it doth not lie where the Plaintiff has an Obliga-
tion to pay the Money, which is a ſtronger Lien
than Affumpfit; nor when the Party has a Recog-
nizance for the Duty, &c. Fenk. Cent. 293. Affumpfit
lies not for Rent ufually referved on Leafes; but
if a Man promiſe to pay, without a Leaſe, ſo much
a Week as long as A. B. &c. permits him to enjoy
a Warehouſe, &c. which is a fpecial Caufe of Pro-
mife, this Action may lie. 2 Cro. 592. And if one
receive any Rent on Pretence of Title, Aſſumpfit
lies; as it does alfo for the Receipt of Profits of an
Office, &c. 2 Mod. 260. Where a Perfon pays Mo-
forth-coming, this Promife for another, is not good
without Note in Writing: But the Perfon is
chargeable upon the fpecial Railment, and fo good
without a Note. 1 Lill. 118. An Infant having
bought Goods and Wares died, and made his Wife
Executrix; She being asked for the Money fays,
Forbear me till fuch a Time, and I will pay it you;
this was held no good Affumpfit, for it wanted a
Confideration. I Leon. Ca. 156. But where an Ex-
ecutrix, in Confideration the Plaintiff would not
moleft her, but give her a Day, promiſed to pay
Money due from the Teftator, Action lay without
fhewing that he had Affets; for that fhall be in-
tended, and her Promife, and the Plaintiff's For-
bearance of the Suit, was good Caufe of Action.
An Adminiſtratrix promifed to pay the
Plaintiff Money, if he would forbear Suit till fhe
had taken out Letters of Adminiſtration; this was
not a good Affumpfit, for the Defendant was not lia-
ble to the Suit as Adminiftratrix till Adminiftration
had, fo there was no Confideration. Style 248, 395.
If a Plaintiff promifes to forbear to fue a Stranger,
on the Defendant's promifing to pay the Debt, and
the Time of Forbearance is uncertain, it will be ill;
but with an Averment of a certain Time, it may be
a good Affumpfit. So where a Man is under an Ar-
reft, and the Plaintiff diſcharges him, upon another's
Promife to pay, &c. Moor Caf. 1167. 1 Crò. 19, 456.
The Father was indebted to divers Merchants upon
fimple Contract, and died feifed of Lands that de-
fcended to his Son and Heir; the Creditors demand
their Debts of him, who faith, If it be fo my Fa-
ther owed it to you, I will pay it; adjudg'd action-
able. Moor Ca. 505, 357. An Executor or Admini-
ftrator regularly may take the fame Advantage upon
Affumpfits made to the Teftator, and on Contracts,
c. as the Teftator might have done. Plowd. 82.
2 Cro. 299. Every Executory Contract, and Debt
that is not upon Record, or on a Specialty, which
may be turned into Damage, imports in it an Af-ney upon a Miftake; or if he receive more from a-
Jumpfit in Law, and one may have Debt or Action
on the Cafe upon it at his Election; for when a
Man doth agree to pay Money, or to deliver any
Thing, he thereby promiſeth to pay or deliver it.
Plowd. 128. I Cro. 94. If one, in Confideration
will be bound for him, or for his Friend, promife
to fave me harmless; this is a good Confideration
and Promife: But if one promife to another to
fave harmleſs, and fay not for what, or against
whom, theſe Affumpfits are incertain and infenfible,
and therefore void; though if any Certainty can be
made of them, they may be good. 10 Rep. 102.
Dyer 356. In cafe a Promife be, that he who hath
the Fee fimple of Land, fhall not alien it; or that
a Man fhall not take the Profit of his Lands, or ufe
the Thing he hath bought; or if it be to fave a
Man harmleſs whatsoever he fhall do, &c. the Pro-called,
mifes fo made will not bind or bear an A&tion. 10
Rep. 101. Co. Litt. 206. Dyer 304. Plowd. 64. If J. S.
owes me Money, and another fays he will be
my Pay-mafter, or if the Party do not pay me fuch
a Day, he will; Or where one has built me a Houſe,
if after I promife him 201. theſe are not good Con-
fiderations in Actions of fumpfit. 44 E. 3. 21.
1 Shep. Abr. 78. Tho' if where a Man in Confide-
ration that he hath fealed a Releaſe of a Debt due
to him from F. S. at the Requeſt of me, I promife
to pay it if the other do not, this is a good Aſſump-
fit, altho' the Confideration be paft: As where one
doth promife to another, becauſe he became Bail
for his Servant, that he will fave him harmleſs; and
here the Confideration is continuing. Dyer 272.
I Cro. 296. In Confideration that I will lend one
Iol. and accept of fuch a Bond, &c. and releafe to
him all Actions and Demands; he affumes that if I
cannot receive the Money on the Bond, he will pay
it me, it is good: But if I profecute upon it, I muft
fet forth all this to be executed. 2 Cro. 623. So
nother in a Reckoning than he ought, or Fees than
fhould be taken, an Aſſumpfit lies. 1 Salk. 22. Comb.
447. If a Man receives Money for the Ufe of ano-
ther Perfon, Affumpfit may be had against him as Bai-
Iliff or Receiver, which fupplies the Place of Action of
Account: And where Money was depofited on a
Wager, an Indebitatus lay for Money received to a
Man's Ufe. Show. 117. Special Indebitatus Affumpfit,
as when one having promifed to pay if he loft, the
other promifed to pay in like Manner, lay for Mo-
ney won at Gaming, before the Statute 9 Ann. which
prohibits Gaming, &c. 1 Danv. 28. If where a Pro-
mife is made, one Part of it is against Law, and ano-
ther Part of it lawful, that is Ground fufficient for
Affumpfit. 4 Rep. 94. Vide Action upon the Cafe.
Affumption, The Day of the Death of a Saint, fo
Quia ejus anima in çœlum affumitur. Du Cange.
Tandem clara dies, Regina affumptio cœlis,
Regi parentis adeft.
Murance of Lands, is where Lands or Tene-
ments are conveyed by Deed: And there is an Af
furance of Ships, Goods and Merchandize, &c. Star.
6 Geo. 1. See Insurance.
After, And Homo After, a Man that is Refident.
Britton 151.
Bararius hæres, (from Aftre, the Hearth of a
Chimney) Is where the Ancestor by Conveyance
hath fet his Heir apparent and his Family in a
Houſe in his Life-time, Dicitur ille cui Anteceffor
in vita fua per Chartam Hareditatem reftituit. I Inft. 8
Aftrum, A Houfe or Place of Habitation, alſo
from Aftre.Præceptum fuit vicecom. quod replegiet
corpus Willielmi J. quod Richardo S. Valentio cepit &
captum tenuit, Qui Richardus venit & advocat captio-
nem ut de Villano fuo, & quod cepit ipfum in Aſtro ſuo
in quo Natus fuit, &c. Placit. Hillar. 18 Ed. 1.
Wtegar
AT
A. T
1
Ategar, A Weapon among the Saxons, which jing of the Court. 1 Lill. 121. The Court of B. R.
feenis to have been a Hand-dart, from the Sax. Ae- may award Attachments against any inferior Courts
ton to fling or throw, and Gar a Weapon. Spelm. ufurping a Jurifdiction, or acting contrary to Ju-
Athe, (Adda) A Privilege of Adminiftring an ftice. Salk. 207. Though 'tis ufual firft to fend
Oath, in fome Cafes of Right and Property; from out a Prohibition. Attachment lies for Proceed
the Sax. Ath, Othe, Juramentum. It is mentioned ings in an inferior Court, after a Habeas Cor-
among the Privileges granted by King Hen. 2. to pus iffued, and a Superfedeas to ftay Proceed-
the Monks of Glaftenbury. Cartular. Abbat. Glafton. ings. 21 Car. B. R. And Attachment may be granted
MS. fol. 14, 37.
against Juſtices of Peace, for proceeding on an In-
Atía, See Odio & Atia, a Writ of Enquiry whe-dictment after a Certiorari delivered to them to re-
ther a Perfon be committed to Priſon on just Caufe move the Indictment. 1 Lill. 121. But it doth not
of Sufpicion.
lie against a Corporation. Attachment lies againſt a
Atilia, Utenfils or Country. Implements: Rema-Lord that refufes to hold his Court, after a Writ if
neant duo equi carectarii cum careia & triginta fex
boves cum quatuor carucis & atiliis. Blount.
Atrium, Is taken for a Court before the Houfe,
and fometimes a Church-yard.
·
-
fued to him for that Purpoſe, ſo that his Tenant
cannot have Right done him. New Nat. Br. 6, 27.
Attachment of Privilege is where a Man by Virtue of
his Privilege calls another to that Court whereto
he himself belongs, and in refpe&t thereof is privi-
leged, there to answer fome Action: Or it is a
Power to apprehend a Man in a Place privileged.
Book. Entr. 431. Corporation Courts have fometimes.
Power by Charter to iffae Attachments, and fome
$
་
Attach, (Attachiare, from the Fr. Attacher) Signi-
fies to take or apprehend by Commandment of a
Writ or Precept. Lamb. Eiren. lib. 1. cap. 16. It
differs from Arreft, in that he which arrefteth a
Man carrieth him to a Perfon of higher Power to
be forthwith difpofed of; but he that attacheth keep-Courts-Baron grant Attachments of Debt. Kitch. 79.
eth the Party attached, and preſents him in Court at Foreign Attachment is an Attachment of the Goods of
the Day affigned; as appears by thefe Words of the Foreigners, found in fome Liberty, to fatisfy their
Writ, Præcipimus tibi quod Attachias talem & habeas Creditors within fuch Liberty. Calth. Rep. 66. And
eum coram nobis, &c. Another Difference there is, by the Cuftom of fome Places, as London, &c. a
that Arreft is only upon the Body of a Man Man may attach Money or Goods in the Hands of
whereas an Attachment is oftentimes upon his Goods. a Stranger. But a Foreign Attachment cannot be had
Kitch. 279. A Capias taketh hold of immoveable when a Suit is depending in any of the Courts at
Things, as Lands or Tenements, and properly be- Weftminster; which makes the Matter not to be
longs to Real Actions: But Attachment hath Place meddled with by any other Court. Cro. Eliz. 691.
rather in Perfonal A&tions. Bract. lib. 4. Attachia-And nothing is attachiable but for a certain and due
mentum eft Difricio Perfonalis, & Cape Magnum Di Debt: Though by the Cuftom of London Money may
ftrictio Realis. Fleta, lib. 5. cap. 24. Attachment in the be attached before due, as a Debt; but not levied
moft common Ufe of the Word, is an Apprehen- before due. Sid. 327. 1 Nelf. Abr. 282, 283. Be-
fion of a Man by his Body, to bring him to an- fides thefe Attachments, there is Attachment of the
fwer the Action of the Plaintiff: And Attach- Foreft, iffuing out of the Courts of the Foreft, a-
ment out of Chancery may be had of Courſe upon gainft Offenders againſt the Vert and Veniſon; and
Affidavit made that the Defendant was ferved with this Attachment is either by the Body, or Goods,
a Subpoena, and appeared not; or upon Non-per- Pledges and Mainprife, &c. Manwood 90, 93.
formance of any Order or Decree; alfo after the Foreign Attachments in London, upon Plaints of
Return of this Attachment, that the Defendant Non Debt, are made after this Manner: A. oweth B. 100%.
eft Inventus, &c. Attachment with Proclamation if and C. is indebted to A. 100l. B. enters an Action a-
fues against him, &c. Weft. Symb. And for Con-gainst A. of 2001. and by Virtue of that Action a Ser-
tempts, when a Party appears, he muft upon his jeant attacheth 100l. in the Hands of C. as the Money
Oath anfwer Interrogatorics exhibited against him; of A. to the Use of B. which is returned upon that Ac-
and if he be found Guilty fhall be fined. Generally tion. The Attachment being made and returned by
an Attachment doth lie for any Contempt done a- the Serjeant, the Plaintiff is immediately to fee an
gainst the Courts at Westminster: But the Court of Attorney before the next Court holden for the
B. R. will not grant Attachment against one for difo-Compter; or the Defendant may then put in Bail to
beying an Order made by Juftices of Affife, or a the Attachment, and nonfuit the Plaintiff: Four
Judge at his Chamber, except it be entered and Court Days muft pafs before the Plaintiff can caufe
made a Rule of Court; for it is no Contempt to C. the Garnishee, in whofe Hands the Money was at-
the Court, but to the Judge that made the Order. tached, to fhew Caufe why B. fhould not condemn
1 Lill. Abr. 121. Attachment lies againſt Attornies the 100l. attached in the Hands of C. as the Money
for Injustice, and bafe Dealing by their Clients, in of A. the Defendant in the Action (though not in
delaying Suits, &c. as well as for Contempts to the the Attachment) to the Uſe of B. the Plaintiff: And
Court. 2 Hawk. 144. If Affidavits to ground an At- the Garnifhee C. may appear in Court by his At-
tachment are full as to the Charge; yet if the Party torney, wage his Law, and plead that he hath
being an Attorney, &c. deny fuch Charge by as no Money in his Hands of the Defendant's, or other
plain and pofitive Affidavits, he fhall be difcharged; fpecial Matter; but the Plaintiff may hinder his
but if he takes a falfe Oath, he may be indicted of Waging of Law, by producing two fufficient Citi-
Perjury. Mod. Caf. in L. & E. 81. Againft She-zens to fwear that the Garnifhee had either Money
riffs making falfe Returns of Writs, and again ft or Goods in his Hands of A. at the Time of the At-
Bailiffs for Frauds in Arrefts, and exceeding their tachment, of which Affidavit is to be made before
Power, &c. Attachment may be had. For Contempts the Lord Mayor, and being filed may be pleaded by
against the King's Writs; ufing them in a vexatious Way of Eftoppel: Then the Plaintiff muft put in
Manner; altering the Tefte, or filling them up af Bail, that if the Defendant come within a Year and
ter fealed, &c. Attachment lies. And for Contempts a Day into Court, and he can diſcharge himſelf of
of an enormous kind, in not obeying Writs, . the Money condemned in Court, and that he owed
Attachment may be iffued againft Peers. 2 Hawk. nothing to the Plaintiff at the Time in the Plaint
152, 153. But in fome Cafes the Court doth not mentioned, the faid Money fhall be forth-coming,
generally grant Attachments againft Perfons for Mif- &c. If the Garniſhee fail to appear by his At-
demeanours, but will fend a Tipftaff for them, if torney, being warned by the Officer to come into
they live near the Town. 21 Car. B. R. For per- Court to fhew Caufe as aforefaid, he is taken by
fuading Jurors not to appear on a Trial, Attachment Default for Want of Appearing, and Judgment
lics against the Party; for obftru&ing the Proceed-given against him for the Goods and Money at-
I
•
tached
!
AT
AT
C
Attachiamenta Bonozum, A Diftrefs taken upon
Goods or Chattels, where a Man is fued for Perfo-
nal Eſtate or. Debt, by the legal Attachiators or Bai-
liffs, as Security to anfwer an A&tion. There is
likewife Attachiamenta de Spinis Bofco, a Privilege
granted to the Officers of a Foreft, to take to their
own Ufe, Thorns, Brufh, and Wind-fall, within
their Precincts. -John Fitz-Nygel Forrefter of
Bernwood, 4. D. 1230. Debet habere Feodum in Bofco
Domini Regis; videlicet Attachiamentum de Spinis de
Bofio fuo,& de Bofco qui vento proftituitur. Kennet's
Paroch. Antiq. pag. 209.
I
Re-
tached in his Hands, and he is without Remedy ei-don, Attaint may be brought; and the Plaintiff fet
ther at Common Law or in Equity; for if taken in ting afide the Verdict, fhall have Reftitution, &c.
Execution, he must pay the Money condemned, But if the firt Verdict be affirmed, the Plaintiff
though he hath not one Penny, or go to Prifon; but fhall be imprisoned and fined. 11 H. 7. cap. 21.
the Garniſhee appearing to fhew Caufe why the verſioners may have an Attaint upon a falfe Verdict,
Money or Goods attached in his Hands ought not to c. against a particular Tenant, who fhall be re-
be condemned to the Ufe of the Plaintiff, having ftored to his Poffeffion, and the Reverfioner to his
fee'd an Attorney, may plead as aforefaid, that he Arrearages. Stat. 9 R. 2. c. 3. The Stat. 23 H. 8.
hath no Money or Goods in his Hands of the Par-enacts, That upon untrue Verdicts before Judges of
ty's against whom the Attachment is made, and it Record, the Thing in Demand extending to 401
will then be tried by a Jury, and Judgment award- Value, Attaints fhall be granted against the Petty
ed, &c. But after Trial, Bail may be put in, Jury; the Procefs to be Summons, Refummons and
whereby the Attachment fhall be diffolved, but the Diftrefs infinite, &c. but the Defendants may plead,
Garnifhee, &c. and his Security will then be liable they gave a true Verdict,&c. to bar the Attaint:
to what Debt the Plaintiff fhall make out to be due, And the Grand Jury is to try the Verdict of the
upon the Action: And an Attachment is never tho- Petty Jury on the Attaint; and if fuch Petty Jury
roughly perfected, till there is a Bail and Satif be found to have given an untrue Verdict, they hali
faction upon Record.
cach forfeit 201. to be divided between the King
and Plaintiff, and incur feveral Fines at the Dif
cretion of the Juftices, and be difabled to give Te-
ftimony in any Court. Alfo an Attaint fhall lie for
a Perfonal Thing under the Value of 401. in Man-
ner as aforefaid; but here the Forfeiture of each
petty Juror fhall be but 51. c. Stat. ibid. The
Plaintiff in Attaint, may not produce more Wit-
neffes, nor give farther Matter in Evidence, than
what was depofed in the first Action; but the De-
fendant in Attaint, may give new Matter in Evi-
dence to inforce the firſt Verdict, and the Plaintiff
fhall have Time to difprove it. Dyer 59. 1 Nelf.
Abr. 288. Attaint lies where a Jury gives Verdict
contrary to Evidence; and where a Judge declares
the Law erroneously, Judgment may be reverfed,
but in this Cafe the Jury fhall be excufed. Vaugh.
145. Attaint lies not for that which is not given
in Evidence; nor upon an Inquest of Office, &c.
or when the Thing found is impertinent to the If
fue. Hob. 53. Co. Lit. 355. And no Attaint lieth
where the King is fole Party, and the Jury find
for him. 4 Leon. 46. A Nonfuit in Attaint is pe-
remptory: And no Superfedeas is grantable upon
Attaint. Co. Lit. 227. Alfo if all the Jurors but one
are dead, the Action is gone, and no Attaint can be
brought; and where any one dies depending the
Suit, it is gone; but not by the Death of the De-
fendant that recovered in the firſt Action. Dyer 139.
Hob. 227. This Writ to attaint fo many Men of
fuch a foul Crime is feldom used, unless the Cor-
ruption be very grofs and apparent: And instead
of Attaint, where the Verdict is fuppofed to be
given against Evidence, it is now ufual to have new
Trials granted: But an Iffue found by Verdict fhall
be always intended true, until reverſed by Attaint,
according to our old Books. Co. Lit. 227. The Writ
of Attaint, is generally to fummon a Jury to in-
quire if the former Jurors made a falfe Oath, and
who were the Jury of the first Inqueft, &c. and to
have them before the Lord the King, or before the
Juftices, &c. F. N. B. 252, 253.
Attaint, (Attincta,) Is a Writ that lieth after
Judgment against a Jury that have given falfe Ver-
dict in any Court of Record, in an Action Real or
Perfonal, where the Debt or Damages amount to
above 40s. Stat. 534 Ed. 3. cap. 7. It is called
Attaint, because the Party that obtains it, endea-
vours thereby to ftain or taint the Credit of the
Jury with Perjury, by whofe Verdict he is grieved:
And if the Verdict be found falfe, then the Punish-
ment by the Common Law was, that the Jurors
Meadows fhould be plough'd up, their Houfes broke
down, Woods grubbed up, and all their Lands and
Tenements be forfeited to the Crown: But if it
paffed againſt him that brought the Attaint, then he
was to be impriſoned and ranfomed at the King's
Will. Glanv. lib. 2. By the Statute 23 H. S. c. 3. the
Severity of the Common Law is mitigated, where a
Petty Jury is attainted: And now there is a pecuniary
Penalty appointed; and alfo Fine, c. to be im-
pofed by the Court. Co. Lit. 294. The Party
grieved may have Writ of Attaint against the other
Parry, (whether Plaintiff or Defendant) and against
the Jurors, or fuch of them as fhall be then living:
It is faid any one that is hurt by the falfe Verdict,
may bring this Writ; and if the Verdi&t be for Mat-
ter of Land, the Remedy commonly runs with the
Land, fo that any Party or Privy, as an Heir or
Executor may have it. F. N. B. 109. Co. Lit. 294.
This Action muſt be brought against the Jurors, and
the Parties to the firft Suit; or if the Parties be
dead, their Heirs, or Executors, or any other for
the most part that recovered by the firft Judgment.
Form of a Count in Attaint.
A
Dyer 201. And Attaint may be brought where any Bedford, 11. Neighbourhood of C. come to recognize
material Falfhood is found, though fome Truth be
found with it; as where a Jury fhall find a Man whether the Furors, by whom a certain Inquifition was,
guilty of many Trefpaffes, who is guilty but of one lately fummoned before the Lord the King at Westminster,
Trefpafs. So if a Jury find any Thing against the by Bill without the Writ of our faid Lord the King, be-
Common or Statute Law, that all Men are to take tween A. B. and C. D. of a certain Trespass, &c. to
Notice of, this may make them chargeable in At-the faid A. by the faid C. done, and afterwards before the
taint. Bro. ca. 44. Hob. 227. In an Attaint the Plain- beloved and faithful of our faid Lord the King, &c. Fu-
tiff fhall recover against all the Jurors, Tenants, ftices affigned to take the Affifes, &c. in the County afore-
and Defendants, the Cofts and Damages, which he faid taken, have made a falfe Oath therein, as the faid
fhall fuftain by Delay or otherwife in that Suit: And C. grievously complaining to our faid Lord the King
if the Defendant's Plea in Bar be found against him, fheweth, or not,
the Plaintiff will have Judgment to be restored to
what he loft, with Damages, by Stat. 11 H. 6. c. 4. Attainted, (Attinatus) Is used particularly for
and 15 H. 6. In the Court of King's Bench and fuch as are found guilty of fome Cri ne, and eſpe-
Common Pleas, and the Court of Huftings of Lon-cially of Treafon or Felony. A Man is attainted by
Q
&c.
Appearance,
i
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c. And by I Geo. I. c. 16. the late Duke of Ormond
and others are attainted. And befides theſe A&ts of
Attainder, we have lately had Bills for inflicting
Pains and Penalties, as thoſe againſt the late Bishop
of Rochester, &c. Stat. 10 Geo. 1. In paffing Bills
of Attainder, no Evidence is neceffary. See Evi-
dence
Attal Sarifin, The Inhabitants and Miners of
Cornwal, called an old deſerted Mine, that is given
over, by this Name of Attal Sarifin, i. e. the Leavings
of the Sarafins, Saffins, or Saxons. Cowel.
Attegia, (from the Lat. Adtegendo) A little Houſe.
'Tis mentioned in Ethelwerd, lib. 4. Hift. Angl. cap. 3.
C
Pellunt ingenuos paffim, Attegias figunt in oppido.
Attendant, (Attendens) Significs one that owes a
Duty or Service to another, or in fome Sort de-
pends on him. Where a Wife is endowed of Lands
by a Guardian, &c. fhe fhall be attendant on the
Guardian, and on the Heir at his full Age. Terms
de Ley 63.
Appearance, or by Procefs: Attainder on Appear- | in the Cafe of Sir John Fenwick, there was fomething
ance is by Confeffion, or Verdict, &c. Confeffion, extraordinary; for he was indicted of Treaſon, on
when the Prifoner upon his Indictment being asked the Oaths of two Witneffes; though but one only
whether Guilty or Not Guilty, anfwers Guilty, could be produced against him on his Trial. The
without putting himself upon his Country; (and for- 8 W. 3. c. 5. requires Sir George Barclay, Major Ge-
merly Confeffion was allowed before the Coroner in neral Holmes, and other Perfons, to furrender them-
Sanctuary; whereupon the Offender was to abjure felves to the Lord Chief Juftice, or Secretaries of
the Realm, and this was called Attainder by Abjura- State; or to be attainted. By the 13 W. 3, the pre-
tion.) Attainder by Verdict is when the Prifoner attended Prince of Wales is under Attainder of Treafon,
the Bar pleadeth Not guilty, and is found guilty by
the Verdict of the Jury of Life and Death. And
Attainder by Procefs, (otherwife termed Attainder by
Default or Outlawry) is when the Party flieth, and
is not found, until he have been five Times pub-
lickly called or proclaimed in the County, on the
laft whereof he is outlawed upon this Default.
Staundf. Pl. Co. 44. 122, 182. Alfo Perfons may be
attainted by Act of Parliament. Attainder of a Cri-
minal is larger than Conviction; a Man is convicted
when he is found guilty by Verdict, or confeffes the
Crime, before Judgment had; but not attainted 'till
Judgment is allo paffed upon him. 1 Inft. 390. A Per-
fon attainted of High Treafon forfeits all his Lands,
Tenements and Hereditaments; his Blood is cor-
rupted, and he and his Pofterity are rendered bafe;
and this Corruption of Blood cannot be taken off
but by A&t of Parliament. Co. Lit. 391. But if one
commits Treafon, and dies before Attainder, he for-
feits nothing: And one flain in open Rebellion,
fhall forfeit nothing, if he be not attainted by Par-
liament. 3 Inft. 12. And collateral Blood may in-
herit on an Attainder; tho' the lineal Blood is bar-
red. If an attainted Perfon marries an Heirefs, and
has Iffue by her; tis faid that Iffue fhall inherit,
for he claims only from the Mother. Fenk. Cent. 3.
In the Cafe of Felony, where Land is given in Tail
to A. and the Heirs Males of his Body, under the
Statute of Wefim. 2. and he commits Murder, or
any Felony, his Heir fhall have the Land, and the
Blood is not corrupted: Though in Cafe of Treaſon,
where the Father hath Lands, and is attainted, it is
otherwiſe by the 26 H. 8. Ibid. 82. In Treafon for
counterfeiting the Coin, although by a late Statute
Corruption of Blood is faved; yet the Lands of the
Offender are forfeited immediately to the King on Wttoznato faciendo vel recipiendo, A Writ to com-
Attainder, it being a diftin&t Penalty from Corrup-mand a Sheriff or Steward of a County-Court, or
tion of Blood: For the Corruption may be faved,
and the Forfeiture remain, &c. And accordingly
fo it is provided by fome Statutes. 1 Salk. 85. At
tainders may be reverfed or falfified, (i. e. proved to
be falfe) by Writ of Error, or by Plea; if by Writ
of Error, it must be by the King's Leave, &c. And Attorney, (Atturnatus) Is he that is appointed by
when by Plea, it may be by Denying the Treafon, another Man to do´any Thing in his Abfence. Weftm.
Pleading a Pardon by Act of Parliament, &c. 3 Inft. Symb. Crompt. Jurifd. 105. An Attorney is either Pub-
232. By a King's Taking the Crown upon him, lick, in the Courts of Record, the King's Rench and
all Attainders of his Perfon are ipfo facto purged, Common Pleas, &c. and made by Warrant from his
without any Reverfal. 1 Inft. 43. Wood 17. Lands Client: Or private, upon Occafion for any particu-
coming to the King by Attainder of Treafon, after-lar Bufinefs, who is commonly made by Letter of
wards granted to another, fhall be holden as if there
were no Attainder. 7 E. 4. c. 5.
|
Attermining, (from the Fr. Attermine) Is uſed for
a Time or Term granted for Payment of a Debt
Ordinatio de Libertatibus perquirendis, Ann. 27 Ed. 1.
And in the Stat. Weftmin. 2. it feems to fignify the
Purchafing or Gaining a longer Time for Payment
of Debrs.Atterminent querentes ufque in proximum
Parliamentum. Weſt. 2. c. 4.
Attile, (Attilium, Attilamentum) The Rigging or
Furniture of a Ship. This Word is mentioned in
Fleta, lib. 1. c. 25. Batellus, (i. e. the Boat) cum omni
onere & Attillamento.
Attornare Bem, To atturn or turn over Money
and Goods, viz. to affign or appropriate them to
fome particular Ufe and Service. Kennet's Paroch.
Antiq. p. 283.
Hundred-Court, to receive and admit an Attorney,
to appear for the Perfon that owes Suit of Court.
F. N. B. 156. Every Perfon that owes Suit to the
County-Court, Court-Baron, &c. may make an At-
torney to do his Suit. Stat. 20 H. 3. c. 10.
Attorney. In antient Times thofe of Authority in
Courts had it in their Power whether they would
Attainder, (Uttinela and Attinctura) Is when a fuffer Men to appear or fue by any other but them-
Man hath committed Treafon, &c. and after Con-felves; and the King's Writs were to be obtained
viction Sentence is paffed on him: Or where a Per- for the Admiffion of Attornies: But fince that, At-
fon is attainted of Treafon, and condemned by Par-tornies have been allowed by feveral Statutes. As by
liament, Acts of Attainder of Criminals have been 27 Ed. 1. &c. Attornies may be made in fuch Pleas
paffed in feveral Reigns, on the Diſcovery of Plots whereon Appeal lieth not: In Criminal Cafes, there
and Rebellions, from the Reign of King Charles II. will be no Attornies admitted. Stat. 6 Ed. 1. An In-
when an A&t was made for the Attainder of feveral fant ought not to appear by Attorney, but by Guar-
Perfons guilty of the Murder of King Charles I. to dian; for he cannot make an Attorney, but the Court
this Time; among which, that for attainting Sir John may affign him a Guardian. 1 Lill, Abr. 138. In-
Fenwick, for confpiring againft King William, is the fants, after they come to full Age, may fue by Attor-
moft remarkable; it being made to attaint and con-ney, tho' admitted before by Guardian, &c. In Action
vi&t him of High Treafon on the Oath of one Wit-againft Baron and Feme, the Feme being within
nefs, juft after a Law had been enacted, That no
Perfon fhould be tried or attainted of High Treafon
where Corruption of Blood is incurred, but by the
Oath of two lawful Witneffes, unless the Party con-
fefs, ſtand mute, &c. Stat. 7 & 8 W. 3. cap. 3. But
Age, fhe muft appear by Guardian: But if they
bring an A&tion, the Husband fhall make Attorney
for both. 1 Danv. Abr. 602. And it is faid, that
where Baron and Feme are fued, though the Wife
cannot make Attorney, the Husband may do it for
I
both
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both of them. 2 Sand. 213. One non Compos Mentis
being within Age is to appear by Guardian; but
after he is of Age, he must do it by Attorney. 1 Inft.
135. An Ideot is not to appear by Attorney, but in
proper Perfon. A Corporation cannot appear other
wife than by Attorney, who is made by Deed under
the Scal of the Coporation. Plowd. 91. Perfons
that owe Suit to County-Courts, &c. making Attor-
nies. See Stat. 20 H. 3.
Bills taxed, and upon the Taxation the Sum re-
maining due is to be paid in full of the faid Bills,
or in Default the Parties fhall be liable to Attach-
ment, &c. And the Attorney is to pay the Cofts of
Taxation, if the Bill be reduced a fixth Part
There is a Penalty of 501. inflicted, and Diſability
to Practice, for acting contrary to this Statute. By
the 6 Geo. 2. cap. 27. Ferfons having ferved Five
Years as Clerks to Attornies, though not bound by
Attoznies at Law, Are thofe Perfons as take Contract; or who had been bound, but not ferved
upon them the Bufinefs of other Men, by whom Five Years; and Sons of Attornies that ferved that
they are retained. In respect of the feveral Courts, Time with their Fathers, &c. were to be sworn and
there are Attornies at large; and Attornies fpccial, admitted. By 12 Geo. 2. c. 13. Attornies, &c. that
belonging to this or that Court only. An Attorney A&t in any County-Court, without being admitted
may be a Solicitor in other Courts, by a fpecial Re- according to the Statute 2 Geo. 2. fhall forfeit 201.
tainer: One may be Attorney on Record, and ano-recoverable in the Courts of Record: And no At-
ther do the Bufinefs; and there are Attornies who
manage Bufinefs out of the Courts, &c. Anno 4 H. 4.
it was enacted that the Juftices fhould examine At
´tornies, and remove the unskilful; and Attornies fhall
fwear to execute their Offices truly, &c. The Stat.
33 Hen. 6. 7. was made to reftrain the Number of
Attornies. And by 3 Fac. I. cap. 7. Attornies, &c.
fhall not be allowed any Fees laid out for Counfel,
or otherwiſe, unless they have Tickets thereof fign.
ed by them that receive fuch Fees; and they fhall
give in true Bills to their Clients of all the Charges
of Suits, under their Hands, before the Clients
fhall be charged with the Payment thereof; if they
delay their Clients Suits for Gain; or demand more
than their due Fees and Disbursements, the Clients
all recover Cofts and treble Damages; and they
thall be for ever after difabled to be Attornies:
None fhall be admitted Attornies in Courts of Re-
cord, but fuch as have been brought up in the faid
Courts, or are well practifed and skilled, and of
an honeft Difpofition; and no Attorney fhall fuffer
any other to follow a Suit in his Name, on Pain of
forfeiting 201. to be divided between the King and
the Party grieved. This Statute as to Fees to Coun-
fel, doth not extend to Matters tranfa&ted in infe-
rior Courts, but only to Suits in the Courts of Weft-
minster-Hall. Carth. 147. Attornies, &c. are to take
the Oaths to the Government, under Penalties and
Diſability to Practice. 13 W. 3. cap. 6. By a late
Order of all the Judges, Attornies are to be admit
ted of fome Inn of Court or Chancery, except
Houſe-keepers in London and Westminster, c. And
none ſhall be sworn an Attorney until he is thus ad
mitted: No Attorney fhall put himself out of the
Society he is admitted of, till he is admitted of
Tome other Society, and deliver a Certificate there-
of: And all Attornies are to be in Commons the
Times ordered by the Society to which they be-ney makes Default in a Plea of Land, by which the
long; and offending therein, fhall be put out of
the Roll of Attornies. Ordin. Mich. 3 Ann. Attach-
3.
ments have been granted against thofe who have
difobeyed this Order, in not being admitted of fome
Inn, &c. after Service of the Order. And Attornies,
c. may be committed for doing any Thing againft
the exprefs Rules of the Court, having Notice of
fuch Rules: As they may also for any ill Practi-
ces.
1
torney who is a Prifoner in any Prifon, fhall fue out
any Writ, or profecute Suits; if he doth, the Pro-
ceedings fhall be void, and fuch Attorney, &c. is to
be ftruck off the Roll. But Suits commenced be-
fore by them, may be carried on. A Quaker ſerving
a Clerkship, and taking his folemn Affirmation in-
ftead of an Oath, fhall be admitted an Attorney.
By the Stat. 12 Geo. 1. cap. 29. If any who hath
been convicted of Forgery, Perjury, &c. fhall
practice as an Attorney or Solicitor in any Suit or
Action in any Court, the Judge where fuch Action
fhall be brought, hath Power to transport the Of
fender for feven Years, by fuch Ways, and under
fuch Penalties as Felons. Attornies of Courts, c.
fhall not receive or procure any Blank Warrant for
Arrefts from any Sheriff, without Writ firſt deli-
vered, on Pain of fevere Punishment, Expulfion,
&c. And no Attorney fhall make out a Writ with
a Clauſe Ac etiam Bille, &c. where ſpecial Bail is
not required by Law. Pafch. 15 Car. 2. Attornies are
to enter and file Warrants of Attorney in every Suit
on Pain of 101. and Imprifonment. Stat. 32 Hen. 8.
And the Plaintiff's Attorney is to file his Warrant
the Term he declares, and the Defendant his the
Term he appears. 4 & 5 Ann. A&tion upon the
Cafe lies for a Client against his Attorney, if he ap-
pear for him without a Warrant; or if he plead
a Plea for him, for which he hath not his War-
rant. 1 Lill. Abr. 140. But if an Attorney appear
without Warrant, and Judgment is had against his
Client, the Judgment fhall ftand, if the Attorney
be refponfible: Contra, if the Attorney be not re-
fponfible. 1 Salk. 88. Action lies against an At-
torney for fuffering Judgment against his Client by
Nil dicit, when he had given him a Warrant to
plead the General Iffue: This is understood where
it is done by Covin. 1 Danu. Abr. 185.
If an Attor-
Party lofes his Land, he may have a Writ of De-
ceit against the Attorney, and recover all in Da-
mages. Ibid. An Attorney owes to his Client Secrecy
and Diligence, as well as Fidelity; and if he take
Reward on the other Side, or caufe any Attorney to
appear and confefs the Action, &c. he may be pu-
nifhed. Hb. 9. But Action lies not again an At
torney retained in a Suit, tho' he knows the Plaintiff
The A&t 2 Geo. 2. c. 23. ordains, That all At- hath no Caufe of Action; he only acting as a Ser-
tornies ſhall be fworn, admitted and inrolled, before vant in Way of his Profeffion. 4 Inft. 117. 1 Mod.
allow'd to fue out Writs in the Courts at Westmin- 209. Tho' where an Attorney or Solicitor is found
fter; and after the First of December 1730, none fhall guilty of a grofs Neglect; the Court of Chancery has
be permitted to Practice, but fuch as have ferved a in fome Cafes ordered him to pay the Cofts. 1 P.
Clerkship of Five Years to an Attorney, and they Williams 593. He who is Attorney at one Time, is At-
fhall be examined, fworn and admitted in open torney at all Times, pending the Plea. I Danv. 609.
Court; and Attornies fhall not have more than two And the Plaintiff or Defendant may not change his
Clerks at one Time, c. every Writ and Copy Attorney, while the Suit is depending, without Leave
of any Proceſs ſerved on a Defendant, and alfo of the Court, which would reflect on the Credit of
every Warrant made out thereon, fhall be indorfed Attornies; nor until his Fees are paid. Mich. 14 Car.
with the Name of the Attorney by whom fued forth; A Caufe is to proceed notwithstanding the Death of
and no Attornies or Solicitors fhall commence any an Attorney therein; and not be delayed on that
Action for Fees till a Month after the Delivery of Account: For¶f an Attorney dieth, the Plaintiff or
their Bills fubfcribed with their Hands: Alfo the Defendant may be required to make a new Attors
Parties chargeable may in the mean Time get fuch | ney. 2 Keb. 275. An Attorney, Solicitor, &c. having
Fecs
A T
A U
Fees due to him, may detain Writings until his | Attornment of the Tenants of fuch Lands, or of the
just Fees are paid: But if there be. no Fees due to particular Tenant upon whofe Eftate any fuch. Re-
him, the Court on Motion will compel the Deli-verfion, c. fhall be expectant or depending: But
very of them. 1 Lill. 148. Any Papers may be de- Notice must be given of the Grant, to the Tenant;
tained by an Attorney till the Money is paid for before which he fhall not be prejudiced by Pay-
drawing them; but he cannot detain Writings whichment of any Rent to the Grantor, or for Breach of
are delivered to him on a Special Truft, for the the Condition for Non-payment. Stat. 4 5 Anne.
Money due to him in that very Bufinefs, &c. if he And Attornments of Lands, c. made by Tenants to
doth, a Rule may be obtained that he fhall deliver Strangers fhall be void, and their Landlord's Pof-
them by fuch a Day, or an Attachment fhall iffue feffion hot affected thereby: Though this fhall not
against him. Mod. Čaf. in Law and Equity 306. The extend to vacate any Attornment made pursuant to a
Court will make a Rule for Delivery of Writings Judgment at Law, or with Confent of the Landlord;
when they come to the Attorney's Hands by Way of or on a forfeited Mortgage, &c. by 11 Geo. 2. c. 19.
his Buſineſs; and when they come to him in any Attrapper, (Fr.) Taken, or feized.Law French
other Manner, the Party muft bring his A&tion. Dict.
I Salk. 87. Attornies have the Privilege to fue and Abage, or Avisage, A Rent or Payment by Te-
be fued only in the Courts at Westminster, where nants of the Manor of Writtel in Effex, upon St.
they Practife: They are not obliged to put in Spe-Leonard's Day, 6 November, for the Privilege of
cial Bail, when Defendants; but when they are Pawnage in the Lord's Woods, viz. For every Pig
Plaintiffs, they may infift upon Special Bail in all under a Year old, an Half-penny; for every year-
Cafes. 1 Vent. 299. Wood's Inft. 450. And they fhall ling Pig, one Penny; and for every Hog above a
not be chofen into Offices, against their Wills. See Year old Two pence.
Privilege.
Attorney of the Dutchy Court of Lancaster,
(Àtturnatus Curiæ Ducatus Lancaftria) Is the fecond
Officer in that Court; and feems for his Skill in
Law to be there placed as Affeffor to the Chancel
lor, and chofen for fome fpecial Truft repofed in
him, to deal between the King and his Tenants.
Cowel.
Attorney Genéral, Is a Great Officer under the
King, made by Letters Patent. It is his Place to
exhibit Informations, and profecute for the Crown,
in Matters Criminal; and to file Bills in the Ex-
chequer, for any Thing concerning the King in
Inheritance or Profits; and others may bring Bills
against the King's Attorney. His proper Place in
Court, upon any fpecial Matters of a Criminal Na-
ture, wherein his Attendance is required, is under
the Judges, on the Left Hand of the Clerk of the
Crown: But this is only upon folemn and extraor-
dinary Occafions; for ufually he does not fit there,
but within the Bar in the Face of the Court. Mich.
22 Čar. B. R.
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1
Abantagium, Profit and Advantage. Wal-
terus Cantuar. Archiep, ad feodi firmam tradidit Johan-
ni de B. terras in, c. cum omnibus fuis utilitatibus ac
Avantagiis inde provenientibus. Regift. Eccl. Chrifti
Cantuar. MS. Anno 11 Ed. 2.
Putionarii, Auxionarii, Sellers, Regrators, or
Retailers. Placit. Parl. 18 Ed. 1. But more properly
Brokers.
Audience Court, (Curia Audiencia Cantuarienfis)
Is a Court belonging to the Archbishop of Canter-
bury, having the fame Authority with the Court of
Arches, though inferior to it in Dignity and Anti-
quity. It is held in the Archbishop's Palace; and
in former Times the Archbishops were wont to try
and determine a great many Ecclefiaftical Cauſes
in their own Palaces, but before they pronounced
their definitive Sentence, they committed the Mat-
ter to be argued by Men learned in the Law, whom
they named their Auditors; and fo in Time it grew
to one ſpecial Man, who at this Day is called Čau-
farum negotiorumque Audientiæ Cantuarienfis Auditor
Officialis. And to the Office of Auditor was for-
Attoinment, (Attornamentum, from the Fr. Tour- merly joined the Chancery of the Archbishop,
ner) Signifies the Tenant's Acknowledgment of a which meddleth not with any Point of contentious
new Lord, on the Sale of Lands, &c. As where Jurifdiction; that is Deciding of Caufes between
there is Tenant for Life, and he in Reverfion grants Party and Party, but only fuch as are of Office,
his Right to another; it is neceffary the Tenant and efpecially as are voluntaria Jurifdictionis, as the
for Life agree thereto, which is called Attornment. Granting the Cuftody of Spiritualties, during the
It gives no Intereft, but only perfects the Grant of Vacancy of Bishopricks, Inftitutions to Benefices,
another: And Tenant in Tail is not compellable to Difpenfations, &c. but this is now diftinguished
attorn, on the Reverfion being granted; he having from the Audience. The Auditor of this Court anti-
an Eſtate of Inheritance. 1 Inft. 316, 319. This At-ently by fpecial Commiffion was Vicar General to the
tornment is in Deed, or in Law; voluntary and com- Archbishop, in which Capacity he executed Eccle-
pulfory; and may be made, as fet down by Littlefiaftical Jurifdiction of every Dioceſe becoming
ton, in theſe Words, viz. I attorn to you by Force of vacant within the Province of Canterbury. 4 Inſt.
the Grant, or I agree to the Grant, or I become your Te-
nant, &c. Or by any Words or A&t which import
an Affent to the Grant. Litt. 551. 1 Danv 623. It
may be made by Payment of a Penny Rent, &c.
to the Grantee. Inft. 309. Where an Eſtate is
granted to one for Life, Remainder to another in
Fec, Attornment to the Tenant for Life is good to him Audita Duerela, Is a Writ that lies where `a
in Remainder. 1 Inft. 312. By Feoffment of a Ma-Man hath any Thing to plead, but hath not a Day
nor, the Services do not pafs without Attornment.
1 Danu. Abr. 612. But if a Perfon comes to an
Eftare by Recovery; or where a Fine is levied of
Lands; or by Deed of Bargain and Sale inrolled,
according to the Statute, there needs no Attornment,
they being in by the Stat. 27 Hen. 8. cap. 10. And
if a Reverfion be deviſed by Will to another, the
Eſtate paffeth without Attornment. 8 Hen. 6. This
was a large Head in our Common Law; but now
much of this Learning is out of Ufg: And by a late
Statute, it is enacted, That all Grants and Convey-
ances of Manors, Lands, Rents, Reverfions, &c.
by Fine, or otherwife, fhall be good without the
5
337:
Audiendo & terminando, A Writ, or rather a
Commiffion to certain Perfons, when any Infurrec-
tion or Great Riot is committed in any Place, for
the Appeafing and Puniſhment thereof. F. N. B. 110.
See Oyer and Terminer.
►
in Court to plead it: And it is ufually brought
where one is bound in a Statute-Merchant, Statute-
Staple, or Recognizance, or Judgment is given a-
gainft him for Debt, and his Body in Execution
thereupon, at the Complaint of the Party, upon
Suggeftion of fome juft Caufe why Execution fhould
not be granted, as a Releafe, or other Exception.
This Writ is granted, by the Lord Chancellor
to the Juftices of either Bench, willing them to
grant Summons to the County where the Creditor
lives, for his Appearance before them at a certain
Day. F. N. B. 102. To Writs of Execution the
Defendant cannot plead; fo that if there be any
Matter
AU
AU
}
Matter fince the Judgment, to discharge him of the Querela be unduly gotten, upon a falfe Surmife, it
Execution, he is to have Audita Querela; upon may be quafhed. Bulft. 140. This Writ lies not
which, the Juftices fhall hear the Complaint, and after Judgment upon a Matter which the Party
do Right: And Audita Querela cannot be brought might have pleaded before. Cre. Eliz. 35. A bare
on a Releafe, until Judgment is entered of Record: Surmife is not fufficient to avoid a Judginient: But
1 Mod. 111. On a Statute, the Conufor or his Heir generally fome Specialty muſt be fhewn. Cro. Fac
may bring Audita Querela, before Execution is fued 579. Upon a Releafe or other Deed pleaded, no
out; but this may not be done by a Stranger to the Superfedeas will be granted till the Plaintiff in the Au
Statute, or a Purchaſer of the Land. 1 Dano. Abr dita Querela hath brought his Witneffes into Court
630 3 Rep. 13. An Audita Querela is in Nature of to prove the Deed: And if Execution be executed
a Suit in Equity, where a Perfon is charged with a before, Bail is to be put in by Allowance of the
Debt that is paid, or being releafed, &c. 2 Cro. 29. Court. 1 Lill. Abr. 151. On Allowance of Audità
And there must be a Charge and Burthen come, or Querela, Bail must be given in Court; unleſs in
coming upon the Party that is to have it, of which Cafes of Neceffity, when it may be put in before
he ought by Law to be difcharged; and then it is two Judges. Palm. 422. And by Bail the Party is
to be in fuch a Cafe wherein he hath no other in Cuftody of the Law, and if he make not out his
Way to relieve him felf. 2 Cro. 29. 1 Cro. 44. And Audita Querela, he mult render his Body in Execu-
himſelf.
it may be brought against the Profecutor himſelf, tion again, or pay the Debt for which he is in Exc-
and fometimes again him and others that ought cution, or elfe his Bail muft pay it. If after Judg
to bear Part of the Burthen with him. Kelw. 25. ment against Bail, the Judgment against the Princi-
If a Leffee covenants for him and his Affigns to re- pal is reverfed, or the Money paid by the Princi-
pair, and the Leffee affign over, and the Covenant pal; the Bail may have Audita Querela. Cro. Fac.
is broken; if the Leffor fues one of them and re- 645. 8 Rep. 143. And it may be brought by the
covers Damages, and then fues the other, he may Bail to avoid an Execution against them, where n›
bring Audita Querela for his Relief. Bro. cap. 74. Procefs is fued forth against the Principal in his
And where a Man hath Goods from me by my De- Life-time, &c. Goldsb. 174. If one taken in Execu
livery, and another takes them from him, fo that tion be fet at Liberty by the Plaintiff, and after-
he is liable to both our Suits; and one of us fue wards taken again and detained in Prifon upon the
and recover againſt him, and then the other fues fame Execution, he may bring Audita Querela to be
him, his Remedy is this Writ. Dyer 232. One enlarged; for by the firft Enlargement by the
binds himself and his Heirs in an Obligation, if Plaintiff the Execution is difcharged, and an Exe-
the Obligee recover of the Heir, and after fue the cution once difcharged is ever difcharged, and ſup-
Executors for the fame Caufe, &c. they may have pofeth a Satisfaction. 1 Lill. 151. Where a Plaintiff
the Writ Audita Querela. Plowd. 439. If two joint in Audita Querela gets Judgment, he fhall have Re-
and feveral Obligors are fued jointly, and both ta- ftitution of his Goods, though taken in Execution
ken in Execution, the Death or Eſcape of one will before the Writ brought. Sid. 74. If an Audita Que-
not difcharge the other, fo as to give him this rela is founded on a Record, or the Perfon bring-
Action; but if fuch Obligors be profecuted feverally, ing it is in Cuftody, the Procefs upon it is a Scire
and a Satisfaction is once had against one of them, facias; but if founded on Matter of Fact, or the
or against the Sheriff upon the Efcape of one, the Party is at large, then the Process is a Venire. 1 Salk.
other may have it. Hob. 58. 5 Rep. 87. Judgment 92. A Man nonfuited in an Audita Querela, may
is had againſt a Sheriff on an Escape of a Perfon have a new Writ. E N..B. 104. When Lands are
in Execution, and after the first Judgment is re- extended on any Statute, . before the Time,
verſed for Error, the Sheriff fhall have Relief by Audita Querela lieth 22, 46 E. 3. A Writ in the
Audita Querela. 8 Rep. 142. If the Plaintiff hath Nature of an Audita Querela, has been made out re-
had Satisfaction against one Trefpaffer, and he pro- turnable in B. R. on a pecial Pardon, fetting forth
ceed to require it against the other; he fhall have the whole Matter. Fenk Cent. 109. And in fome
this Writ. Hob. 66. And where there is Judgment Cafes after a Judgment, the Court will relieve the
againſt three, and one of them taken in Execution, Party on Motion, without Audita Querela. 1 Salk.
they may all join in Audita Querela, when they 93.
have Cauſe to have the fame. 3 Cro. 443. A Plain
tiff that fues an Adminiftrator, has his Letters of
Adminiſtration revoked; the Defendant muſt be re-
lieved by Audita Querela, for he cannot plead it. EORGE the Second, &c. To our Fuftices
Stiles 417. If one accepts of a leffer Sum of Mo affign'd to hold Pleas before us, Greeting. We ha
ney for a greater Due, and after the Day, and yet ving received Information, by the grievous Complaint of A.
fues the Bond; this Writ will not lie, becauſe it B. That whereas C. D. in Eafter-Term, &c. and now
lieth only where a Difcharge is in Law. Trin. 18 hath to the Damage of the faid A. &c. wherefore the faid
Fac. 1 B. R. It may be brought by an Infant in A. bath befought us to provide him Relief, and being un-
the King's Bench or Common Pleas, to avoid a willing that the faid A. fhould be any Ways injured, and
Statute acknowledg'd by him whilft he was within defirous that what is right and just should be done in this
Age. 1 Cro. 208. The Writ Audita Querela may be Cafe: We command you, that in Order to bear the Com
had, where a Recognifance or Statute entered into plaint of the faid A. you call before you the aforesaid Par
is defective, and not good; or being upon an ufu- ties, and fuck others as it shall feem meet to you to con-
rious Contract, by Durefs or Impriſonment, where vene; and having heard the aforefaid Parties, and their
there is a Defeafance upon it, &c. Moor, Ca. 1097. Several Reafons, you caufe to be done full and Speedy Fu
1 Brownl. 39. 2 Bulft. 320. So upon fhewing an Ac-ftice to the faid Parties, which of Right, and according to
quittance of the Cognifee, on a Suggeftion that he the Laws and Customs of our Kingdom, you fall fee
had agreed to deliver up the Statute. 1 Roll. 309. ought to be done. Witnefs, &c.
Where one enters into a Statute, and after fells his
Lands to divers Purchafors; or Judgment is had a-
gainſt a Man, who leaves his Land to feveral Heirs,
c. and one of the Purchafors, or one Heir alone
is charged, he may have this Writ against the Reft
to contribute to him. 3 Rep. 44. 2 Bulft. 15. Upon
Audita Querela brought, a Superfedeas fhall go to stay
Execution: And the Judgment in this Action is to
be diſcharged of Execution. Hob. 2. If an Audita
1
|
G
A Writ of Audita Querela.
Auditor, (Lat.) Is an Officer of the King, or
fome other great Perfon, who examines yearly the
Accounts of all Under-Officers, and makes up a
General Book, which fhews the Difference between
their Receipts and Charge, and their feveral Al-
lowances, commonly called Allocations: As the Au-
ditors of the Exchequer, take the Accounts of thoſe
Receivers who collect the Revenues. 4 Inft. 186.
Receivers
R
1
AV
A V
♫
Receivers General of Fee-Farm Rents, r. are alfo
termed Auditors, and hold their Audits for adjufting
the Accounts of the faid Rents at certain Times
and Places appointed. And there are Auditors af-
figned by the Court to audit and fettle Accounts in
Actions of Account, and other Cafes, who are pro-
per Judges of the Canfe, and Pleas are made be-
fore them, &c. I Brownl. 24.
Gear or Apparel be loft by Storm, the fame is not
within the Average. Leg. Rhod. If Goods are caft
over board before half the Voyage is performed,
they are to be eftimated at the Price they coft:
But if they are ejected afterwards, then at the Price
as the reft are fold at the Port of Arrival. Leg. Ole-
ren. Where Goods are given to Pirates by Way of
Compofition to fave the reft, there fhall be Average,
wife a fmall Duty, paid to Mafters of Ships
Average is like-
when Goods are fent in another Man's Ship, for
their Care of the Goods, over and above the Freight.
Juditos of the Beceipts, An Officer of the Ex-by the Civil Law. Moor 297.
shequer, that files the Tellers Bills, and having made
an Entry of them, gives the Lord Treaſurer, &c.
weekly a Certificate of the Money received: He
makes Debentures to the Tellers, before they pay
any Moncy; and takes their Accounts: He alfo
keeps the Black Book of Receipts, and the Treafu-
rer's Key of the Treafury, and feeth every Teller's
Money locked up in the Treafury. 4 Inft. 107.
Auditors of the Impreft, Are Officers in the
Ex.bequer who have the Charge of auditing the great
Accounts of the King's Cultoms, Naval and Mili-
tary Expences, of the Mint, &c. and any Money
imprefted to Men for his Majesty's Service. Pract.
Excheq 83.
Auditozes, Is the fame with Audientes, i. e. the
Catechumens, or thoſe who were newly inftructed
in the Mysteries of the Chriftian Religion before
they were admitted to Baptifm; and Auditorium is
that Place in the Church where they stood to hear,
and be inſtructed. 'Tis what we now call Navis Ec-
clefia: And in the Primitive Times, the Church was
fo ftri&t in keeping the People together in that Place,
that the Perfon who went from thence in Sermon
Time was excommunicated. Blount.
·Paying fo much Freight for the ſaid Goods, with Pri
mage and Average accustomed. Words in Bills of
Lading.
Average of Corn Fields, The Stubble or Re-
mainder of Straw and Grafs left in Corn Fields
after the Harveſt is carried away, In Kent called-
the Gratten, and in other Parts the Roughings,
&c.
Aver Coin, Is a referved Rent in Corn, paid by
Farmers and Tenants to Religious Houfes: And fig-
nifies by Somner Corn drawn to the Lord's Granary,
by the working Cattle of the Tenant. 'Tis fup-
pofed that this Cuftom was owing to the Saxon Cy-
riac Sceat, Church Seed, a Meafure of Corn brought
to the Prieft annually on St. Martin's Day, as an
Oblation for the Firft-fruits of the Earth: Under
which Title the Religious had Corn Rent paid
yearly; as appears by an Inquifition of the Eftate
of the Abbey of Glaftenbury, A. D. 1201.
Aver Land, Seems to have been fuch Lands as
the Tenants did plough and manure, cum Averiis
Avenage, (from the Lat. Avena) A certain Quan-fuis, for the proper Ufe of a Monaftery, or the
tity of Oats paid by a Tenant to his Landlord as a
Rent, or in Lieu of fome other Duties.
Avenoz, (Avenarius, from the Fr. Avoine, i. e.
Oats) Is an Officer belonging to the King's Stables,
that provides Oats for his Horfes: He is mentioned
13 Car. 2. cap. 8.
Aventura, Adventures or Trials of Skill at Arms,
and fignifies Military Exercifes on Horfeback.
Afifa de Armis 36 Hen. 3. Brady's Append. Hift. Eng.
250. And 'tis mentioned in Addit. Mat. Parif. p. 149.
Quod nulli conveniant ad turniandum, vel burbandum nec
ad alias quafcunque Aventuras.
Aventure, (properly Adventure) A Mifchance cau-
fing the Death of a Man: As where a Perfon is
fuddenly drowned, or killed by any Accident, with-
out Felony. 1 Inft. 391.
Avera, (quafi Overa, from the Fr. Ouvre and
ouvrage, velut Operagium) fignifies a Day's Work of
a Ploughman, formerly valued at 8 d. It is found
in Domesday. 4 Inft. 269.
Lords of the Soil. Mon. Angl.
Aver Peny, (or Average Peny) Money paid to-
wards the King's Averages or Carriages, or to be
freed thereof.-Aver Peny boc eft, quietum effe de
diverfis, Denariis pro Averagiis Domini Regis. Raftal.
Aver Silver, A Cuſtom or Rent formerly fo
called. Cowel.
Aberta, Cattle: Spelman deduces the Word from
the Fr. Oure, Work, as if chiefly working Gattle:
Though it feems to be more probably from Avoir
to have or poffefs; the Word fometimes including
all Perfonal Eftate, as Catalla did all Goods and
Chattels. This Word is used for Oxen or Horfes of
the Plough; and in a general Senfe any Cattle.
"Tis
Homines per Averia fua, viz. Equos & Boves,
affros graviter diftrinxit. W. Thorn. in Ed 2.
used in the fame Senfe in W. 2. c. 18. Averia Elon-
gata; fee Elongata.
Aberiis Captis in Withernam, A Writ for the
taking of Cattle to his Ufe, who hath Cattle un-
lawfully diftrained by another, and driven out of
the County where they were taken, fo that they
cannot be replevied by the Sheriff. Reg. Orig. 82.
If the Cattle are put into any ftrong Place in the
fame County, the Sheriff may take the Poffe Comi-
tatus, and break into it, to make the Replevin.
1 P. & M. But when they are driven out of
the County, he hath no Authority to purfuc
them.
Average, (Averagium) Is faid to fignify Service
which the Tenant owes to his Lord by Horfe or
Carriage: But it is more commonly ufed for a Con-
tribution that Merchants and others make towards
their Loffes, who have their Goods caft into the
Sea for the Safeguard of the Ship, or of the other
Goods and Lives of thofe Perfons that are in the
Ship, during a Tempeft. It is in this Senfe called
Average, becauſe it is proportioned and allotted af
ter the Rate of every Man's Goods carried. Stat. Averment, (Verificatio, from the Fr. Averer, i. e.
32 Hen. 1.
14 Car. 2. By the Laws of the Sea, in Verificare, Teftari) Is an Offer of the Defendant to
a Storm, when there is an extreme Neceffity, the make good or juftify an Exception pleaded in A-
Goods, Wares, Guns, or whatfoever elfe is on Board batement or Bar of the Plaintiff's Action: And it
the Ship, may (by confulting the Mariners) be fignifies the Act, as well as the Offer of juftifying the
thrown over Board by the Mafter, for the Preferva- Exception; and not only the Form, but the Matter
tion of the Ship; and it fhall be made good by A- thereof. Co. Lit. 362. Averment is either General, or
verage and Contribution. Stat. 49 E. 3. But if the Particular; General, which concludes every Plea,
Mafter takes in more Goods than he ought, without c. or is in Bar of a Replication, or other Plead-
Leave of the Owners and Freighters, and a Stormings, containing Matter Affirmative, and ought to
arifeth at Sea, and Part of the Freightors Goods are
thrown over board, the remaining Goods are not
fubject to Average; but the Mafter is to make good
the Lofs out of his own Eſtate: And if the Ship's
I
be with thefe Words, Et hoc paratus eft verificare, &c.
Particular Averment is when the Life of Tenant for
Life, or of Tenant in Tail, c. is averred. Ibid.
Where one Thing is to be done in Confideration of
another,
1
A V
A V
loaded Horfes, a Duty required of fome customary
Averrare, To carry Goods in a Waggon, or upon
Tenants.
care, & carriare & Averrare. Cartular. Glafton.
Debent fruges Domini metere, prata fal
MS. f. 4.
cedit Civibus W. unum caput pro conducti aquatico cun
Bugea, A Ciftern for Water.-Epifcopus B. con-
Augeis fufpiralibus, & cateris Machinis, fub & fupër
terraneis. A. D. 1451. Reg. Eccl. Well. MS.
another, on Contra&s, &c. there must be an Aver
ment of Performance: But where there is Promife
againſt Promiſe, there needs no Averment; for each
Party hath his Action. 1 Lev. 87. The Ufe of
Averment being to afcertain what is alledged doubt
fully, Deeds may fometimes be made good by Aver
ment, where a Perfon is not certainly named; but
when the Deed it felf is void for Incertainty, it can-
not be made good by Averment. 5 Rep. 155. Aver-
ment cannot be made against a Record, which im-
ports in its felf an uncontrolable Verity. 1 Inft. 26.
Nor fhall it be admitted againſt a Will concerning
Lands. 5 Rep. 68. And an Averment ſhall not be al-
lowed where the Intent of the Teftator cannot be
colle&ed out of the Words of the Will. 4 Rep. 44.
One may not aver a Thing contrary to the Condition
of an Obligation, which is fuppofed to be made upon
good Deliberation, and before Witneffes, and there-
fore not to be contradicted by a bare Averment.
1 Lill. Abr. 156. If an Heir is fued on the Bond of
his Anceſtor, it must be averred that the Heirs of the
Obligor were exprefly bound. 2 Saund. 136. Another
Confideration than mentioned in a Deed, may be
averred, where it is not repugnant or contrary to the
Deed. Dyer 146. But a Confideration may not be Hula, i. e. A Court-Baron, Aula ibidem tènt. die,
averred, that is againſt a particular exprefs Confide-&c. Aula Ecclefie is that which is now termed Na-
ration; nor may Averment be against a Confidera-vis Ecclefia. Eadm. lib. 6. p. 141.
Court erected 27 H. 8. for determining Suits and
Augmentation, (Augmentatio) The Name of a
Controverfies relating to Monafteries and Abbey
Lands. The Intent of this Court was, that the King
might be justly dealt with touching the Profits of
fuch Religious Houfes, as were given to him by A&
of Parliament. It took its Name from the Augmèn-
tation of the Revenues of the Crown, by the Sup
preffion of Religious Houfes: And the Office of
Augmentation, which hath many curious Records
remains to this Day, though the Court hath been
long fince diffolved. Terms de Ley 68..
mento & confenfu Concilii noftri Conceffimus, &c. was
Avilamentum, Advice, or Counfel-De Avifa-
the common Form of our Kings Grants.
Nunciatus, A Word fignifying Antiquated-
Sicut Charta eorum aunciata eft & Libertas anterior.
Brompton, lib. 2. cap. 24. par. 6.
tion mentioned in the Deed, that there was no Con- Aumone, (Fr. Aumofne, Alms) Tenure in Aumoñe
fideration given. 1 Rep. 176. 8 Rep. 155. No Aver- is where Lands are given in Alms to fome Church,
ment will lie upon a Deed of another Ufe, against or Religious Houfe, upon Condition that a Service
the Ufes expreffed in the Deed; but where no Ufe or Prayers fhall be offered at certain Times for the
is expreffed, or but incertainly, an Averment fhall Repofe of the Donor's Soul. Brit. 164. Vide Frank-
be admitted, and may ferve for Addition or Expli- almoign.
cation. 2 Rep. 75. Averment may be of a Uſe upon
any Fine, or common Recovery; tho' not of any Anfa, the Handle of the Ballance) An ancient man-
uncel-Weight, (quafi Hand Sale Weight, or from
other Ufe than what is expreffed in it: It may be ner of Weighing, by the hanging of Scales or Hooks
received to reconcile a Fine, and the Indenture to at each End of a Beam or Staff, which by lifting
lead the Ufes. Dyer 311. 2 Bulft. 235. 1 "And. 312. up in the Middle with one's Finger or Hand, difco-
If an Estate is made to a Woman that hath a Huf vered the Equality or Difference between the Weight
band by Fine or Deed, for her Life; in this Cafe it at one End and the Thing weighed at the other.
may be averred to be made to her for her Jointure, This Weighing being fubject to great Deceit, was
altho' there be another Ufe or Confideration ex- prohibited by feveral Statutes, and the even Bal-
preffed. 4 Rep. 4. If a Piece of Ground was an-lance commanded in its Stead. 34 Ed. 3. 8 Hen. 6.
ciently called by one Name, and of late is called by 22 Car. 2, c. But notwithstanding it is ftill uſed
another, and it is granted to me by this new Name; in fome Parts of England: And what we now call
an Averment may be taken that it is all one Thing, the Stilliards, a Sort of Hand-weighing among
and it will make it good. Dyer 37, 44. No Averment Butchers, being a fmall Beam with a Weight at one
lies againſt any Returns of Writs, that are defini- End, (which fhews the Pounds by certain Notches)
tive to the Trial of the Thing return'd; as the Re-feems to be near the fame with the Auncel-
turn of a Sheriff upon his Writs, &c. But it may Weight.
be where fuch are not definitive; and againſt Cer-
tificates upon Commiffions out of any Court: Alfo
against the Returns of Bailiffs of Franchifes, fo that
the Lords be not prejudiced by it. Dyer 348. 8 Rep. Avoidance, In the general Signification is when a
121. 2 Cro. 13. When Certainty is expreffed by Ar Benefice is void of an Incumbent; in which Senſe it
gument and Implication in Pleading, there it need is oppofed to Plenarty. Avoidances are either in
not be averred. 2 Bulft. 95, 142. A special Averment Fact, as by Death of the Incumbent; or in Law:
muſt be made upon the Pleading of a general Par- And may be-by Ceffion, Deprivation, Refignation,
don, for the Party to bring himſelf within the Parc. In the firft Cafe, the Patron must take Notice
don. Hob. 67. A Perfon may aver he is not the fame of the Avoidance at his Peril, fo as to prefent within
Perfon on Appeal of Death in Favour of Life. fix Months to prevent Lapfe to the Bishop; but in
1 Nelf. Abr. 305. But Pleas merely in the Nega the laft Cafe of Avoidances by Law, the Ordinary
tive, fhall not be averred, becauſe they cannot be muft give Notice to the Patron before he can have
proved: Nor fhall what is against Prefumption of Title to prefent by Lapfe. Dyer 347. There are
Law, or any Thing apparent to the Court. 1 Inft. Avoidances by Act of Parliament, wherein there
362, 373. The Statute of Weftm. 2. 13 Ed. 1. must be a judicial Sentence pronounced to make the
gives the Averment, not fummoned according to Law, Living void: If a Man hath one Benefice with
c. on a Bond given to the Sheriff or Gaoler, con- Cure, &c. and take another with Cure, without
trary to the 23 H. 6. there may be Averment by any Difpenfation to hold two Benefices, in fuch
that Statute: Upon Bonds for Ufury, the Ufury Cafe the firft is void by the A&t 21 Hen. 8. c. 13.
may be averred by Virtue of 13 Eliz. And fo in if it was above the Value of 81. During an Avoid-
Cafe of Simony. Stat. 31 Eliz. But there is no ance, it is faid that the Houfe and Glebe of the Be-
Averment of Maintenance. Fenk. Cent. 94, 108, 121.
By Statute, no Exception or Advantage fhall be
taken upon a Demurrer, for Want of Averment of
hoc paratus eft, &c. except the fame be ſpecially fet
down for Caufe of Demurrer. 45 Ann.
·
nefice are in Abeyance: But by the Stat. 28 Hen. 8.
cap. 11. The Profits arifing during the Avoidance
are given to the next Incumbent, towards Payment
of the First-fruits; Though the Ordinary may re-
ceive the Profits to provide for the Service of the
Church,
1
J
19
A U
A U
Church, and fhall be allowed the Charges of fup. I
plying the Cure, c. for which Purpoſe the Church
wardens of the Parish are ufually appointed. The
next Avoidance of a Church may be granted by
Deed, where the Church is full: If a Grant be
made of the next Avoidance when it fhall happen,
and the Church is void at that Time, this will make
the Grant void as to that very Avoidance, but it may
be good for the next Turn after that. A Grant of
the next Avoidance is no more than a Chattel, and
goes to Executors. Right Clerg. 68..
•
·
rearages before the Feoffment; and not upon the
Feoffee. 1 Danv. 650. The Lord may avow upon a
Diffeifor. 20 Hen. 6. And if a Man's Tenant is dif
feifed, he may be compelled to avow, by fuch Te-
nant or his Heir.
If a Grant benant or his Heir. A Defendant in Réplevin may
avow, or juſtify; but if he juftifies he cannot have
a Return. 3 Lev. 204. The Defendant need not
aver his vowry with an hoc paratus eft, &c. And the
Avowant fhall recover his Damages and Cofts, by
21 Hen. 8. By which Statute it is enacted, That if
in any Replegiare for Rents, &c. the Avowry, Cogni-
Avoirdupois, or Averdupois, (Fr. Avoir du Poids, fance or Juftification be found for the Defendant,
i. e. Habere pondus, aut jufti eſſe ponderis) Signifies a or the Plaintiff be Nonfuit, &c. the Defendant fhall
Weight different from that which is called Troy-recover fuch Damages and Cofts as the Plaintiff
Weight, which contains but twelve Ounces in the fhould have had, if he had recovered. And by 17
Pound, whereas this hath fixteen Qunces: And in Car. 2. c. 7. When a Plaintiff fhall be Nonfuit
this Refpe&t it is probably fo called, because it is before Iffue in any Suit of Replevin, &c. removed
of greater Weight than the other. It alfo fignifieth or depending in any of the Courts at Westminster,
fuch Merchandizes as are weighed by this Weight; the Defendant making Suggeftion in the Nature of
and is mentioned in divers Statutes, as 9 Ed. 3. 27 an Avowry for Rent, the Court on Prayer fhall a-
Edw. 3. c. 10. 2 R. 2. c. I. Averium Ponderis, full ward a Writ to inquire of the Sum in Arrear, and
Weight, or Averdupois. Cart. 3 Ed. 2.
the Value of the Diftrefs, &c. Upon Return
whereof the Defendant fhall recover the Arrears,
if the Diſtreſs amounts to that Value, or elfe the
Value of the Distress with Cofts; and where the
Diftrefs is not found to the Value of the Arrears,
the Party may diftrain for the Reſidue. The Learn-
ing of Avowries is abridged by the Stat. 21 H. 8.
and the Intricacies of Procefs in Replevin, &c. much.
remedied in Cafes of Diftreffes for Rents, by the
17 Car. 2. and 4 & 5 Ann.
bowee, Of a Church Benefice. Britt. c. 29. See
Advowee.
Avow¿y, (Fr. Advouerie) Is where a Man takes a
Diſtreſs for Rent or other Thing, and the Party on
whom taken fues forth a Replevin, then the Taker
fhall juftify his Plea for what Caufe he took it; and
if in his own Right, he muft fhew the fame, and a-
wow the Taking; but if he took it in Right of an-
other, when he hath fhewed the Caufe, he muft
make Cognizance of the Taking, as Bailiff or Ser-
vant to the Perfon in whofe Right he took the
fame. Terms de Ley 70. If in a Replevin a Man ju-
ftifies the Taking of Cattle in his own Right, he
must fay bene advocat captiorem averiorum, &c. which
is called an Avowry: And where he justifies in the
Right of another Perfon, then he fays bene cognovit
captionem, &c. which is called a Cognifance. 2 Lill.
454. The Avowry muft contain fufficient Matter for
Judgment to have Return: But fo much Certainty
is not required in an Avowry, as in a Declaration
and the Avowant is not obliged to alledge Seifin
within the Statute of Limitations. Nor fhall a Lord
be required to avow on any Perfon in certain; but
he muft alledge Seifin by the Hands of fome Te-
nant within forty Years. 21 Hen. S. c. 19. 1 Inft. 268.
In Avowry Seifin in Law is fufficient, fo that where
a Tenant hath done Homage or Fealty, it is a good
Seifin of all other Services to make an Avowry, tho'
the Lord, &c. had not Seifin of them within fixty
Years. 32 H. 8. cap. 2. 4 Rep. 9. A Man may di-
ftrain and avow for Rent due from a Copyholder
to a Lord of a Manor; and alfo for Heriots, Ho-
mage, Fealty, Amercements, &c. 1 Nelf. Abr. 315
If a Perfon makes an Avowry for two Caufes, and
can maintain his Avowry but for one of them, it is
good Avowry: And if an Avowry be made for Rent,
and it appears that Part of it is not due, yet the A-
Lowry is good for the Reft. An Avowry may be made
upon two ſeveral Titles of Land, tho' it be but for
one Rent; for one Rent may depend upon feveral
Titles. 1 Lill. Abr. 157. Saund. 285. İf a Man
takes a Diſtreſs for Rent referved upon a Leaſe for
Years, and afterwards accepts a Surrender of the
Lands, he may nevertheleſs avow, becauſe he is to
have the Rent due notwithstanding the Surrender.
1 Danv. Abr. 652. Where Tenant in Tail aliens in
Fee, the Donor may avow upon him, the Reverſion
being in the Donor, whereunto the Rent is incident.
Ibid. 650. If there be Tenant for Life, Remainder
in Fee, the Tenant for Life may compel the Lord
to avow upon him: But where there is Tenant in
Tail, with fuch Remainder, and the Tenant in
Tail makes a Feoffment, the Feoffee may not com-
pel the Lord to avow upon him. 1 Danu. Abr. 648.
i Inst. 268. If the Tenant enfeoffs another, the
Lord ought to avow upon the Feoffor for the Ar-
C.
A
Wures, A Punithment by the Saxon Laws of cut-
ting off the Ears, inflicted on thoſe who robbed
Churches, or were guilty of any other Theft. Fleta,
lib. 1. c. 38. par. 10. And this Puniſhment alſo ex-
tended to many other Crimes as well as Theft. Upton
de Militari Officio, pag. 140.
Auricularius, A Secretary-Quem fibi Amicula-
rium Auricularium conftituerat. Mon. Angl. p. 120.
Aurum Reginæ, The Queen's Gold. Rot. Parl.
Ann. 52 H. 3.
Bufcultare. Formerly Perfons were appointed in
Monafteries to hear the Monks read, and direct them
how, and in what Manner they should do it with a
graceful Tone or Accent, to make an Impreffion on
their Hearers, which was required before they were
admitted to read publickly in the Church, and this
was called Aufcultare, viz. to read or recite a Lef-
fon. Quicunque Lecturus vel cantaturus eft aliquid in
Monafterio, fi neceffe habeat ab eo, (viz. Cantore) priuf-
quam incipiat, debet Aufcultare. Lanfrancus in Decretis
pro ordine Benedi&t. c. 5.
Aulturcus and Ofturcus, A Goshawk; from whence
we uſually call a Faulkoner, who keeps that Kind
of Hawks, an Oftringer. In ancient Deeds there has
been referved, as a Rent to the Lord, unum Au-
afturcum.
|
Puter Droit, Is where Perfons fue or are fued in
another's Right; as Executors, Adminiftrators, &c.
Auterfoits acquít, Is a Plea by a Criminal, that
he was heretofore acquitted of the fame Treaſon, or
Felony: For one ſhall not be brought into Danger
of his Life, for the fame Offence, more than once.
3 Inft. 213. There is alfo Plea of Auterfoits convict,
and Auterfoits attaint; that he was heretofore con-
vi&ted, or attainted, of the fame Felony. In Appeal
of Death, Auterfoits acquit, or Auterfoits attaint, upon
Indictment of the fame Death, is no Plea. H. P. C.
244. But in other Cafes where a Perfon is attaint-
ed, it is to no Purpoſe that he ſhould be attainted a
fecond Time. And Conviction of Manflaughter,
where Clergy is admitted thereon, will bar any ſub-
fequent Profecution for the fame Death. 2 Hawk.
P. C. 377.
Authority, Is nothing but a Power to do fome-
thing: It is fomtimes given by Word, and fome
times by Writing; Alfo it is by Writ, Warrant, Con-
miffion, Letter of Attorney, &c. and fometimes by
:
1
I
Law
✪
}
A W
A W
Law. 11 Rep. The Authority that is given, must be cording to the Submiffion. If an Award be according
to do a Thing lawful; for if it be for the doing any to the Submiffion by Bond, though it is void in Law,
Thing against Law, as to beat a Man, take away if it be not obferved, the Obligation will be for-
his Goods, or diffeife him of his Lands, this will not.feited. 1 Danu. Abr. 515. Where Arbitrators award
be a good Authority, to juftify him that doth it. a Thing againft Law, it is void: If more is awarded
Dyer 102. Kelw. 89. An Authority given to another than fubmitted, the Award will be void; But when
Perfon, to do that which a Man himſelf cannot do, an Award feems to extend to more than in the Sub-
is void: And where an Authority is lawful, the Partymiffion, the Words de fuper præmiffis reftrain it to
to whom given must do the A&t in the Name of him the Thing fubmitted. Cro. Eliz. 861. An Award
who gave the Authority. 11 Rep. 87. It is a Rule may be void in fome Part, and good in another
that every Authority fhall be countermandable, and Part, if it makes an End of all the Differences fub-
determine by the Death of him that gives it, c.mitted: And if an Award be good in Part, and void
But where an Interest is coupled with an Authority, in Part, the good fhall be performed. io Rep. 31.
there it cannot be countermanded or determined. 2 Saund. 293. An Award without a Deed of Sub-
And I Dyer 190. The King may not give any one miffion, will be a good Bar of a Treſpaſs. Danv.
Authority or Licence to do any Thing that is Malum 548. But the Delivery of the Award in Writing,
|
in ſe. 11 Rep. 86. Sec Licence.
under Hand and Seal, &c. must be pleaded, and be
exactly replied to by the Plaintiff, in Action of
Debt on an Award, or it will be ill on Demurrer.
Dyer 243. 2 Mod. 77, 78, 269. Debt on Obligation
to perform an Award; which was, that the Defen-
dant fhould enjoy a Houfe of which the Plaintiff
was Leffee for Years during the Term, paying to
the Plaintiff 20 s. yearly, and for Non-payment of
this the A&tion was brought; and it was held to lie.
I Cro. 211. The Submiffion to an Award may be by
Bond, Covenant, or by an Affumpfit or Promife; or
without all this, by a bare Agreement to refer the
Matter to fuch a Perfon or Perfons. 10 Rep. 131.
Dyer 270.. A Husband may fubmit to Award for
himſelf and his Wife, for her Goods and Chattels, to
She-bind her. But an Infant may not make any Sub-
miffion to an Award, or any other for him; for it
will be void. Plowd. 189. If feveral Perfons do
a Wrong to a Man, and one of theſe, and he to
whom the Wrong is done fubmit to an Award; the
other Perfons, who were no Parties to the Submif-
fion, may take Advantage of it to extinguish the
Wrong. 7 H. 4. 31. And where the Award of Re-
Autumn, Is the Decline of the Summer. Some
computed the Years by Autumns; but the English
Saxons by Winters: Tacitus fays, that the ancient
Germans knew the other Divifions of the Year, but
did not know what was meant by Autumn. Linde-
wood tells us, when the feveral Seafons of the Year
begin, in theſe Lines,
Dat Clemens Hiemem, dat Petrus ver Cathedratus,
Æftuat Urbanus, Autumnat Bartholomaus.
Autumnalia, Thofe Fruits of the Earth which
are ripe in Autumn or Harveſt.
Pupilíum að filium Militem faciendum & filiam
Maritandum, A Writ formerly directed to the
riff of every County where the King or other Lord
had any Tenants, to levy of them an Aid towards
the Knighting of a Son, and the Marrying of a
Daughter. F. N. B. 82. See Aid
Auxilium Curiæ, A Precept or Order of Court
for the Citing or Convening of one Party, at the
Suit and Request of another, to warrant fome
Thing. Vocat inde ad Warrantiam Johannem Sur-compence for a Wrong done is performed, that
ton de Dudley Chevaler & Ifabellam Uxorem, ut ha
bet eos hic in O&abis S. Michaelis, per Auxilium Cu-
riæ. Kennet's Paroch. Antiq. 477.
Duxilium faccre alicui in Curia Regis. To be
another's Friend and Solicitor in the King's Court;
an Office undertaken by fome Courtiers for their
Dependants in the Country ·Siant prafentes & fu
turi, quod Ego Bernardus de S. Walerico conceffi Ro-
gero de Berkley & hæredibus fuis Auxilium Con-
filium meum in Curia Domini mei Regis Anglie. Paroch.
Antiq. 126.
Buxilium Regis, The King's Aid, or Money le-
vied for the King's Ufe, and the Publick Service;
as where Taxes are granted by Parliament.
Wrong is altogether determined: Alfo the Award
of a Perfonal Chattel, doth alter the Property of
it, and give it fo to the Party to whom awarded,
that he may have Detinue for it. Dyer 183. A Sub-
miffion is of all Actions and Demands, &c. though
there be but one Cauſe or Matter between them, an
Award may be made for this: And where two Things
are fubmitted, and the Award but of one, it is good,
if the Arbitrators have no further Notice of the
other; Tho' if it be of three Things, or fome Par-
ticulars, with a general Clauſe of all other Matters,
in that Cafe they must make the Award for the
Things particularly named, without any other No-
tice given. Dyer 216. 2 Cro. 130. Godb. 164. If the
Auxilium Vicecomiti, A Cuftomary Aid or Duty Submiffion be by divers Perfons, and the Arbitra-
anciently payable to Sheriffs, out of certain Ma-tors Award between fome of them only, this is
nors, for the better Support of their Offices. Prior good: But if a Submiffion is of certain Things in
de Kime Com. Linc. tenet duas carucatas terre in Thorpe Special, with a Provifo in the Condition, that the
per fervitium xl. denariorum per annum, ad Auxilium | Award be made of the Premiffes, &c. by fuch a
Vicecomitis. Mon. Angl. Tom. p. 245. An Exemp Day, there the Award must be made of all, or it
tion from this Duty was fometimes granted by the will be void. 8 Rep. 79. Hob. 49. An Award of all
King: And the Manor of Stretton in Warwick-Actions Real, when the Submiffion is of Actions per-
fhire was freed from it by Charter. 14 H. 3. M. 4 fonal, is not good. Plow. 306. 10 Rep. 132. Yet if
wait, Seems to fignify what we now call Way- the Submiffion be of Things perfonal, and the A-
laying, or lying in Wait to execute fome Mifchief. ward is, that one of the Parties fhall do an A&t real,
Stat. 13 R. 2. c. I. It is ordained that no Charter in Satisfaction of a perfonal Injury, &c. or a Sub-
of Pardon fhall be allowed before any Juftice for the miffion be of one Thing, and the Award made of
Death of a Man flain by Await, or Malice pre-fomething incident to, or neceffarily depending upon
penfed, &c.
it; or if the Submiffion is of all Actions Real and
aware, (from the Fr. Agard) Is the Judgment Perfonal, and the Award only of Matters Perfonal,
and Arbitration of one or more Perfons, at the Re- &c. it will be good in thefe Cafes; if nothing elſe
queft of two Parties who are at Variance, for ending is notified to the Arbitrators. Dyer 216. An Award
the Matter in Difpute without publick Authority: made only on one Side, without any Thing on the
And may be called an Award, becauſe it is impofed other, is void in Law: As that one fhall pay or
on both Parties to be obferved by them. Dictum, give Bond for Money to the other Party, and he do
quod ad cuftodiendum feu obfervandum partibus imponitur.nothing for it; but if it be to give Bond to pay, or
Spelm. An Award may be by Word, or in Writing; to pay a Debr, and that the other fhall be dif
but is ufually in Writing; and must be exactly ac- charged of the Debt, &c. this is good: So where it
S
is
:
:
A W
BA
0
J
is, that one Party fhall pay Money to the other, in any wife relating to, or concerning the faid Premiſes.
and then the other fhall releaſe all Actions to him. And we do alfo Award and Order that the faid A. B.
8 Rep. 72, 98. If divers Frefpaffes be referred to fhall pay or caufe to be paid to the faid C. D. the Sum of,
Arbitrament, and the Award is, that one of the Par-&c. within the Space of, &c. And alfo at his own Cofts.
ties fhall make the other Party Amends, or give a and Charges do, &c. And further we do Award and
Releafe, and fay not what Amends, or what Re-Order that the faid C. D. fhall pay, or caufe to be paid, to
leafe, c. it is void for Incertainty. 5 Rep. March the faid A. B. the Sum of, &c. on or before, &c. or give
18. Award was, that cach Party fhould give to fufficient Security for the fame to the faid A. B. &c. And
the other a general Releaſe of all Demands; pro- we do Award and order that, &c. And lastly, we do
vided, that if either of them diflike the Award Award and Order that the faid A. B: and C. D.
on the
within twenty Days after made, and within that Receipt of the feveral Sums, &c. abovementioned, shall
Time pay 10. the Arbitrament to be void: It was in due Form of Law execute each to the other of them ge
held that the firft Part of the Award was good, and neral Releaſes fufficient for the Releafing by each to the o-
the Provifo repugnant and void. 1 Cro. 688. Arbi-ther of them, his Executors and Administrators, of all Ac-
trators are to make their Award fecundum allegata&tions, Suits, Arrefts, Quarrels, Controverfies and De-
probata, but they may not injoin any Oath to the mands whatsoever touching or concerning the Premises a-
Witneffes: The Award ought to be publifhed; and forefaid, or any Matter or Thing thereunto relating, from
no one is bound to perform till he can know what the Beginning of the World until the Day of, &c. last.
the Award is. 4 Rep. 82. Brownl. 311. A Submiffion In Witness, &c.
to Award may be revoked and countermanded, be-
fore the Award made; where there is no Specialty wm, or Aume, (Teut. Ohm, i. e. cadus vel men-
to abide the Award of F. S. &c. 8 Rep. 81. 78. By fura) A Meaſure of Rhenifh Wine, containing forty
Stat. 9 & 10 W. 3. cap. 13. Submiffions to Awards, Gallons; mentioned in the Statute 1 Fac. 1. cap. 33.
by Agreement of the Parties, may be made a Rule and 12 Car. 2. cap. 4. This Word is otherwiſe called
of any of his Majesty's Courts of Record; and on Awame, as you may read in a very old printed
a Rule of Court thereupon, the Parties fhall be fi- Book The Rood of Rhenifh Wine of Dord
nally concluded by fuch Arbitrament: And in Cafe reight is ten Awames, and every Awame fifty Gal-
of Difobedience thereto, the Party refufing to per-lons. The Rood of Antwerp is fourteen Awames,
form the fame, fhall be fubject to the Penalties of and every Awame thirty-five Gallons. And by this
contemning a Rule of Court, &c. unless it appears Account it contains different Quantities, in feveral
on Oath that fuch Award was unduly procured,
when it shall be fet afide: But this Statute extends
ren, Comes from the Saxon Verb Axi-
only to perfonal Matters, for which there is no o- an, to demand, and from hence we have our En-
ther Remedy but by perfonal Action, or by Suit inglish Word Ask. In Somerfet fhire and fome other
Equity. Attachment lies for Non-performance of Counties of England, in the Country Dialect the
an Award made a Rule of Court; after perfonal Word Axe is made ufe of for Ask.
Demand of Performance. 1 Salk. 83. In making a
Submiffion to an Award a Rule of the Court of
Chancery, which the Parties may agree to, it must
be done purſuant to the A&t of Parliament; and the
Method is to move that Court, to confirm the
Award, upon the Mafter's Report: Tho' if there
be fuch Submiffion to a Reference, and the Award
made is to be confirmed by Decree, without Ap-
peal; yet Exceptions may be taken thereto. 2 Vern.
109. See I Mod. 21. And vide Arbitrator.
T
Form of an Award on a Submiffion.
Countries.
Are and
Ayel, and Befaiel, A Writ that lies for an Heir
dipoffeffed of his Inheritance left by his Grand-
father, or Great Grandfather, &c. See Aile.
Azaldus, Signifies a poor Horfe or Jade-
Affri, Azaldi, & alii Equi valoris, &c. Clauf. 4 Ed.
3.
B
aca,
B.
A Hook or Link of Iron, or Staple.
In axibus emptis & carrectis exandis novem denarios
in colariis, bacis & fellis ad idem emptis xiii. den.
Confuetudin. domus de Farendon, MS. penes Wh.
Kennet, f. 20.
Baccinium, or Bacina, a Bafon or Veffel to hold
Water to wash the Hands. Non topeta, non moun-
tergia, non Baccinia, & nil omnino per violentiam exi-
gatur. Simeon Dunelm. Anno 1126. Mon. Angl.
Tom, 3. p. 191. Petrus filius Petri Picot tenet
medietatem Heydene per Serjantiam ferviendi de Baci-
nis.
This was a Service of Holding the Bafon,
or Waiting at the Bafon, on the Day of the King's
Coronation. Lib. Rub. Scaccar. f. 137.
Bachelería, The Commonalty as diftinguifhed
from Baronage. Feftivitate S. Edmundi Regis &
Confefforis, in quindenam S. Michaelis apud Weftino-
nafterium, per Dominum Regem regaliter celebrata Com-
munitas Bacheleriæ Angliæ fignificavit Domino Edwardo
filio Regis, &c. Annal. Burton. p. 426. fub. an. 1259.
all People to whom this prefent Writing in-
dented of Award fhall come Greeting: Whereas
there are ſeveral Accounts depending, and divers Contro-
verfies and Disputes have lately arisen between A. B. of,
&c. Gent. and C. D. of, &c. all which Controverfies
and Difputes are chiefly tou.hing and concerning, &c.
And whereas for the putting an End to the faid Dif-
ferences and Difputes, they the faid A. B. and C. D. by
their feveral Bonds or Obligations bearing Date, &c. are
become bound each to the other of them in the penal Sum
of, &c. to stand to, and abide the Award and final De-
termination of us E. F. G. H. &c. fo as the faid Award
be made in Writing, and ready to be deliver'd to the Par-
ties in Difference on or before, &c. next, as by the faid
Obligations, and the Conditions thereof may appear. Now
know ye, That we the faid Arbitrators, wh.fe Names
are hereunto ſubſcribed, and Seals affixed, taking upon us Bachelor, (Baccalaureus, from the Fr. Bachelier,
the Burthen of the faid Award, and having fully examined viz. Tyro, a Learner:) In the Univerfities there
and duly confidered the Proofs and Allegations of both the are Bachelors of Arts, &c. which is the first Degree
faid Parties, do for the fettling Amity and Friendship be- taken by Students, before they come to greater
tween them, make and publish this our Award, by and Dignity. And thoſe that are called Bachelors of the
between the faid Parties in Manner following, that is to Companies of London, are fuch of each Company, as
fay; Imprimis, We do Award and Order, that all Ac-are fpringing towards the Estate of thofe that are
tions, Suits, Quarrels, and Controverfies whatsoever had,
moved, arifen or depending between the faid Parties in
Law or Equity for any manner of Cause whatsoever,
touching the faid, &c. to the Day of the Date hereof, fhall
ceafe and be no further profecuted, and that each of the
faid Parties fhall pay and bear his own Cofts and Charges,
4
employed in Council, but as yet are inferiors; for
every of the twelve Companies confifts of a Mafter,
two Wardens, the Livery, (which are Affittants in
Matters of Council, or fuch as the Affiftants are
chofen out of) and the Bachelors. The Word Bachelor
is ufed-13 R. 2. and fignifics the fame with Knight-
}
Babelor;
C
1
5
1
1
BA
Bachelor. By 3 E. 4. c. 5. it is a fimple Knight, and
not Knight Bannerer, or Knight of the Bath. Anno
28 E. 3. a Petition was recorded in the Tower, be-
ginning thus: A noftre Seigneur le Roy monftrent votre
fimple Bachelor, Johan de Bures, Sc. Bachelor was
anciently attributed to the Admiral of England, if
he were under a Baron. In Pat. S. R. 2. we read
of a Baccalarius Regis. And touching the further E-
tymology of this Word, Baccalaurei (tefte Renano) a
Bacillo nominati funt, quia primi ftudii Authoritatem
que per exhibitionem Baculi concedebatur jam confecuti
fuiffent, &c.
BA
Hands) Is ufed in our Common Law for the Freeing
or Setting at Liberty of one arrefted or imprifoned
upon any Action, either Civil or Criminal, on
Surety taken for his Appearance at a Day and
Place certain. Bract. lib. 3. tract. 2. cap. 8. The
Reafon why it is called Bail, is becaufe by this
Means the Party reftrained is delivered into the
Hands of thofe that bind themſelves for his forth-
coming, in order to a Safe Keeping or Protection
from Prifon: And the End of Bail is to fa-
tisfy the Condemnation and Cofts, or render the
Defendant to Prifon. There is both Common and
Backberinde, (Sax.) Signifieth bearing upon the Special Bail: Common Bail is in Actions of ſmall
Back, or about a Man. Bracton ufeth it for a Sign Concernment, being called Common, becauſe any
or Circumſtance of Theft apparent, which the Ci- Sureties in that Cafe are taken; whereas in Caufes
vilians call Furtum manifeftum; for, dividing Furtum of greater Weight, as Actions upon Bonds, or Speci-
into Manifeftum & non Manifeftum, he defineth the alty, &c. where the Debt amounts to lol. Special
former thus; Furtum vero Manifeftum eft, ubi latro Bail or Surety must be taken, fuch as Subfidy-Men
deprehenfus eft feifitus de aliquo latrocinio fcil. Handha-at leaft, and they according to the Value. 4 Inft.
bend Backberind, & infecutus fuerit per aliquem cu 179. By a late Statute, none fhall be held to Spe-
jus res illa fuerit. Bra&t. lib. 3. tract. 2. cap. 32. Mancial Bail on Procefs out of any Superior Court,
wood remarks it as one of the four Circumftances or where the Caufe of Action doth not amount to 10%.
Cafes, wherein a Forefter may arreft the Body of or upwards; nor out of any Inferior Court where
an Offender against Vert or Venifon in the Foreft: it doth not amount to 40s. Affidavit is to be made
By the Affife of the Foreft of Lancaster, (fays he) of the Caufe of Action, and filed before fome
taken with the Manner, is when one is found in the Judge, or Commiffioner of the Court whence the
King's Foreft in any of thefe four Degrees, Stable Writ iffues, or before the Officer iffuing it, and the
ftand, Dog-draw, Balkbear, and Bloody-hand. Manw. Sum fpecified in the Affidavit indorfed on the Back
2 part, Forest Laws.
of the Writ; for which Sum Bail fhall be taken,
Char-and no more: And if there be no fuch Affidavit
and Indorſement, the Defendant fhall not be ar-
refted by his Body, &c. Stat. 12 Geo. I. c. 29.
make out Common Bail Pieces; in the Margin you
put the County, as Midd. ff. Then you write the
Name of the Defendant, and underneath of his
Bail, viz. A. B. de Paroch. &c. in Com. prad. Gen. Tra-
ditur in Ballium fuper Cep. Corp. Johan. Doe de Lond.
Yeom. & Richardo Roc de eod. Yeom. And in the Mar-
Waco, Is a Bacon Hog, as often uſed in old
ters. Blount.
Batile, A Candleftick properly fo called, when
formerly made ex Baculo of Wood, or a Stick. Hugo
Epifcopus Dunelmenfis fecit in Ecclefia coram Altari tria
ex argento Bactilia, in quibus lumina die Noctuque per-
petuo ardentia lucerent. Clodingham Hift. Dunelm.
apud Wartoni Ang. Sac. p. 1, 723.
Badger, (from the Fr. Bagage, a Bundle, and
thence is derived Bagagier, a Carrier of Goods) Sig-gin, at the Bottom, you put the Name of the Attor-
nifies with us one that buys Corn or Victuals in one
Place, and carries them to another to fell and make
Profit by them. And fuch a one is exempted in the
Stat. 5 & 6 Ed. 6. c. 14. from the Punishment of an
Ingroffer within that Stature. But by 5 Eliz. c. 12.
Badgers are to be licensed by the Juftices of Peace
in the Seffions; whofe Licenfes will be in Force for
one Year, and no longer, and the Perfons to whom
granted muft enter into a Recognizance that they
will not by Colour of their Licenfes foreftal, or do
any Thing contrary to the Statutes made against
Foreftallers, Ingroffers and Regrators. If any Per-
fon fhall act as a Badger without Licence, he is to
forfeit 51. one Moiety to the King, and the other
to the Profecutor, leviable by Warrant from Juftices
of Peace, c.
Bag, An uncertain Quantity of Goods and
Merchandize, from three to four Hundred. Lex
Mercat'.
Baga, A Bag or Purfc.- Carta Decani Eclefia
Litchfield, in Mun. Angl. Tom. 3. pag. 237. Ducentas
Marcas pecunia in quadam Baga de Whalley.
Bagabel, The Citizens of Exeter had granted to
them by Charter from King Ed. 1. a Collection of
a certain Tribute or Toll upon all Manner of Wares
brought to that City to be fold, towards the Paving |
of the Streets, Repairing of the Walls, and Main-
tenance of the City, which was commonly called in
Old English Begavel, Bethugavel, and Chipping-gavel.
Antiq. of Exeter.
Bahadum, A Cheft or Coffer; it is mentioned in
Fleta, lib. 2. c. 21.
Bajardour, (Lat. Bajulator) A Bearer of any
Weight or Burden. -
Offerebant duos Incifores in
fua lapicidina, & cariagium petra ufque ad Nazim, &
de Navi ufque duos Bajardours Servituros ad Ecclefiam.
Petr. Blef. Contin. Hift. Croyland. p. 120.
Bail, Ballium, (from the Fr. Bailler, which comes
of the Greek Báλaw, and fignifies to deliver into
ney, as Edwards Attorn. and on the Right-hand at
Bottom, Ad fectam C. D. Herein you are to obſerve,
that the Sureties John Doe and Richard Roe are ta-
ken of Courfe: And in Special Bail, the Bail and
their Additions are to be inferted instead of John
Doe, &c. which is all the Difference from Common
Bail. Practif. Attorn. Edit. 1. Thefe Bail Pieces are
written on a ſmall fquare Piece of Parchment,
with the Corners cut off at Bottom; and if Com-
mon, they are to be filed in the Office with the
Clerk of the Common Bails, within fix Days after
the End of the Term the Attorney appears: And
Special Bail, which is taken before a judge, or by
Commiffioners in the Country, when accepted, is
to be filed; after Twenty Days Notice given of
putting in Special Bail before a Judge, on a Cepi
Corpus, if there be no Exception, the Bail fhall be
filed in four Days. 1 Lill. Abr. 174. Upon a Cepi
Corpus Twenty Days are allowed to except against
the Bail: So on a Writ of Error; and you need
not give Notice; but you cannot take out Execu-
tion without giving a Four. Days Rule to put in bet-
ter Bail: In all other Cafes, Notice must be gi-
ven. Upon a Habeas Corpus, Eight and twenty
Days are appointed to except against the Bail, and
after that, if it be not excepted again, it ſhall be
filed in Four Days. 1 Salk. 98. The Exception to
Bail put in before a Judge, must be entered in the
Bail Book at the Judge's Chamber, at the Side of
the Bail there put in, after this Manner: I do ex-
cept against this Bail, A. B. Attorn. pro Quer. And if
there be no fuch Exception, the Defendant's Attor-
ney may take the Bail-Piece away from the Judge's
Chamber, and file it. After the Roll is mark'd to
have Special Bail, Common Bail may not be filed;
but where the Roll is not thus marked, or where
the Cauſe of Action is not expreffed in the Writ,
Common Bail is to be entered. "Bail is not properly
fuch until it is filed, when it is of Record: But it
fhall
1
1
BA
BA
That in
ſhall be accounted good, till the fame is queftioned | don, and Bail put in there upon it. 3 Lev. 235. An
and difallowed. When Cognifors of Bail are que
Order of Court was made Anno 22 Car. 2.
ftioned, they are to juftify themselves in open Cafe of Bail, if the Recovery be for a larger Sum
Court, by Oath of their Abilities; or before one than in the Ac etiam, the Bail fhall not be charge-
of the Judges of the Court; or by Affidavit before able at all: But by a late Order, Bail is anſwera-
Commiffioners as took the Bail: And the Court may ble for any lefs Sum, which the Plaintiff fhall re-
adjudge Bail fufficient, when the Plaintiff will not cover. Ord. Pafih. 5 Geo. 2. In Actions of Battery,
accept of it. Alfo the Court on Motion, or a Judge Trefpafs, Slander, &c. though the Plaintiff is like
at his Chamber, will order a common Appearance to recover large Damages, Special Fail is not to bẹ
to be taken, when Special Bail is not required, on had, unless by Order of Court, and the Process is
Affidavit made by the Defendant of the Debt due, marked for Special Bail: Nor is it required in Ac-
c. The Putting in of a Declaration, and the tions of Account, or of Covenant, except it be to
Acceptance of it by the Defendant's Attorney with pay Money; nor against Heirs or Executors, pc.
the Privity of the Plaintiff's Attorney, is an Ac-for the Debt of the Teftator, unless they have
ceptance of the Bail. If a Plaintiff accept of an Af-wafted the Teftator's Goods. 1 Danv. Abr. 681. And
fignment of the Bail-Bond, and the Defendant put in all Actions brought in B R upon any penal Law,
in the fame Bail that were put in to the Sheriff at the Defendant is to put in but Common Bail. Yelv.
the Return of the Writ, the Plaintiff cannot except 53. In Actions where Damages are uncertain, Bail
against them; but 'tis otherwife where he hath not is to be at the Diſcretion of the Court: On a dan-
taken an Affignment. Farrell. Mod. Caf. 62. When a gerous Affault and Battery, upon Affidavit of Spe-
Sheriff hath taken good Bail of the Defendant, he cial Damages, a Judge's Hand may be procured
will on a Rule return a Cepi, and affign the Bail-for Allowance of an Ac etiam in the Writ: And in
Bond to the Plaintiff, which may be done by In- Action of Scandalum Magnatum the Court on Mo-
dorſement without Stamp; fo as it be ftampt before tion hath order'd Special Bail. Raym. 74. Special
Action brought thereupon; and then the Defendant Bail is ordered, by Rule of Court, in all Caufes
and Bail may be arreſted on the Bond, by the Plaintiff of Removal, whether by Habeas Corpus, Writ of
in his own Name. Stat. 4 & 5 Ann. But if the Plain- Privilege, Certiorari, &c. except where the Defen-
tiff take an Affignment of the Bail-Bond, tho' the dant is fued as Executor or Adminiftrator: And
Bail is infufficient, the Court will not amerce the a Caveat is to be entered with the Judges for good
Sheriff. 1 Salk. 99. By the ancient Practice, a Bail Bail. And when Bail is taken by the Chief Juice,
Bond could not be put in Suit till a Rule was had or other Judge on a Habeas Corpus, the Bail taken
to amerce the Sheriff, for not having the Body at in the inferior Court is difmiffed; though the laſt
the Return of the Writ; and the Courfe now is, Bail be not filed prefently, nor till the next Term.
to ſtay Proceedings on the Bail Bond, if there is Telv. 120, 121. Yet it has been held, where a
no Return of a Cepi Corpus. Mo. Ca. 229. 3 Salk. 57. Caufe is removed out of an Inferior Court by
In Cafe the Defendant doth not find Common or Habeas Corpus, if the Bail below offer themfelves
Special Bail, the Attorney for the Plaintiff is to to be Bail above, they fhall be taken, not being
call on the Sheriff for his Return of the Writ; on excepted against below; unless the Caufe comes
Default whereof, a Rule being made upon it,' the out of London. i Salk. 97. If a Caufe removed from
Sheriff fhall be amerced, or fummoned before a an Inferior Court, be remanded back by Procedendo
Judge to fhew Caufe, c. And if on a Cepi Corpus the fame Term, the Original Bail in the Inferior
no Bail is returned, a Rule will be made our to Court are chargeable, but not if remanded in an-
bring in the Defendant's Body. Though a Defen- other Term. 2 Cro. 363. One in Execution in Cu-
dant, with Leave of the Court, may depofit Mo- ftody of the Marſhal of B. R. is not compellable to
ney in Court inftead of Bail; and in fuch Cafe the find Bail, if another Action be brought against him:
Plaintiff fhall be ordered to waive other Bail. But if he be in the Prifon of the Fleet in Execu-
Lill. Abr. Trin. 23 Car. B. R. Bail to the Action is tion, on A&tion brought in B. R. he must be re-
to be taken before none but a Judge of the Court; moved into the Cuftody of the Marfhal of that
but for Appearance may be before any Officer, Court, or put in Bail to the A&tion. Trin. 24 Car.
and if it be illegally taken, it will not oblige one B. R. One taken on a Writ of Execution is not
as Bail. 2 Cro. 94. Sheriffs, &c. are to let to Bail bailable by Law; except an Audita Querela be
Perfons by them arrefted by Force of any Writ, in brought: But where a Writ of Error is brought
any Perfonal Action, &c. upon reafonable Sureties, and allowed, if the Defendant be not in Execution,
having fufficient within the County to keep their there fhall not be Execution awarded against him,
Days in fuch Place, &c. as the Writs require. Stat. at the Request of the Bail, tho' he be prefent in
23 Hen. 6. c. 10. And the Stat. 2 W. & M. provides Court. 1 Nelf. Abr. 331. The Bail ought not to join
against exceffive Bail. No Defendant arrefted by with the Principal nor the Principal with the Bail,
Process fhall be compelled to put in Bail for a great in a Writ of Error to reverfe the Judgment againſt
er Sum than contain'd in the Writ or Procefs; and either. 2 Cro. 295. The Bail upon a Writ of Er-
if any Plaintiff fhall declare against a Defendant ror cannot render the Party in their Difcharge;
upon any Bail by him put in, for a greater Sum because they are bound in a Recognizance that the
than is expreffed in the Proceſs upon which the De- Party fhall profecute the Writ of Error with Ef-
fendant was arrested, then that Bail fhall not be li- fect, and pay the Money if Judgment be affirmed.
able to the Action. 1 Lill 181. But it is faid Bail 1 Lill. Abr. 173. Before a Scire facias taken out a-
are liable to all A&tions of the Plaintiff the fame gainft Bail, the Principal may render his Body in
Term wherein he fhall declare against the Defen- Difcharge of the Bail: And if the Bail bring in the
dant: Yet where an Attorney appeared for one in Principal before the Return of the fecond Sci. fac.
the King's Bench, and Special Rail was entered for against them; they fhall be discharged. 1 Roll. Abr.
his Client to that Action; it was agreed, that the 250. 1 Lill. 471. Anciently the Bail were to bring
Bail is not bound to ftand Bail to all other Actions in the Principal upon the first Scire fac. or it would
that ſhall be declared in against the Party in the not be allowed. 3 Bulft. 182. If Bail furrender the
By: But the Attorney is obliged to appear for him Principal at or before the Return of the fecond Scive
in all fuch Actions, and to put in Common Bail. facias, it is good, although there be not immediate
Stile 464. If more Damages, &c. are recovered Notice of it to the Plaintiff; and if through Want
than mentioned in the Plaint, or than the Sum of Notice, he is at further Charge against the Bail,
wherein the Bail is bound, the Bail will not be liable. that fhall not vitiate the Surrender, but the Bail
1 Salk. 102. So where a Declaration is laid in ano- fhall not be delivered till they pay fuch Charges:
ther County, when the Original is fued out in Lon- If at any Time after the Return of the Capias, the
0
4
Bail
BA
BA
W. & M. Writs which hold the Defendant to
Bail, ought to have the Cauſe of A&tion expreffed:
And where the Caufe of Action is nor expreffed in
the Writs, &c. Bail are to enter into Bond for the
Defendant's Appearance in a Sum not above 401
And on Appearance by Attorney, the Bail fhall be
acquitted. 13 Car. 2.
cap. 2.
Form of a Special Bail-Piece in English.
Of the Term of St. Michael, in the Sixth Year
of the Reign of King George the Second.
Middlefex (to wit) A. B. of the Parish of, &c.
in the County aforefaid, Gent. is deli-
vered to Bail upon an Arreft, unto
E. F. of, &c. in the faid County,
Gentleman, and G. H. of, &c. in
the fame County, Yeoman.
rds}
T. Edwards?
Attorney. S
At the Suit of C. D.
4
Bail furrender the Principal at a Judge's Cham- | Bail is to be given in Action of Account, &c. But
ber, and he thereupon is committed to the Tipftaff, on Removal by Hab. Corp. into B. R. that Court
from whom he eſcapes, &. this will not be a good will accept common Bail. 2 Keb. 404. The Judges
Surrender; but if it be before or on a Capias return- of the Courts at Westminster have Power by Statute
ed, it is otherwife, the one being an Indulgence, and to appoint Commiffioners in every County to take
the other Matter of Right. Mod. Caf. 238. When a Recognizances of Bail, in Caufes depending in
Perſon makes his Efcape out of Prifon, and is re- their Courts; and to make fuch Rules for juſtify-
taken and bailed; the Bail fhall be diſcharged on aing the Bail as they ſhall think fit, &c. Stat. 4 &
Writ to the Sheriff commanding him to keep the
Priſoner in Diſcharge of the Bail. Stat. 1 Ann. c. 6.
On Capias ad fatisfaciendam againſt the Defendant
returned Non eft Inventus, Scire facias is to iffue a-
gainst the Bail. Where a Defendant renders his
Body in Difcharge of the Bail, the Plaintiff is by
the Rules of the Court to make his Choice of Pro-
ceeding in Execution, whether he will charge Bo
dy, Goods, or Lands. i Lill. 183. And if the Prin
cipal after Judgment renders not himself in Dif
charge of his Bail; it is at the Election of the
Plaintiff to take out Execution either againſt him
or his Bail: But if he takes the Bail in Execution,
though he hath not full Satisfaction, he fhall
never after take the Principal; and if the Princi-
pal be taken, he may not after meddle with the
Bail. Though where two are Bail, although one be
in Execution, the Plaintiff may take the other.
2 Cro. 326. 2 Bulft. 68. If a Principal render him-
felf, and there is none to require his Commitment,
the Court is ex officio to commit him: And if the
Plaintiff refufe him, hé fhall be difcharged, and
an entry made of it upon the Record. Moor. Caf.
1249. A Defendant having rendered himſelf to diſ-
charge the Bail, and prayed Entry of it; the Court
asked the Plaintiff if he would have Execution of
his Body, and he faid no : The Bail was diſcharged;
1 Leon. 59. See Hob. 210. There must be an Exone-
retur entered, to diſcharge the Bail. If the Defen-
dant dies before a Capias ad fatisfac. againſt him_re-
turned and filed, the Bail will be difcharged. I Lill.
177. On the Death of the Principal, 'tis impoſſi-
ble for the Bail to bring in his Body: And the Bail
ſtand engaged that the Principal fhall render him-
felf, which must be intended upon Procefs awarded
against him in his Life-time. 1 Nelf. 328. A Bail
cannot be a Witnefs for the Defendant at the Tri-
al; but the Court, on Motion, will difcharge the As to Bail for Crimes, at Common Law Bail was
Bail, upon giving other fufficient Bail. Wood's Inft. allowed for all Offences except Murder. 2 Inft. 190.
582. In the Court of Common Pleas, when the Plain- And if the Party accufed could find fufficient
tiff hath obtained Judgment where Special Bail is Sureties, he was not to be committed to Prifon; for
given, the Plaintiff may take the Defendant in Exe-all Perfons might be bailed 'till convicted of the Of
cution, or profecute the Bail: And Part of the
Debt may be levied on the Defendant's Goods, and
the Remainder on the Bail; but if the Plaintiff
take the Defendant's Body in Execution, he may
not then meddle with the Bail. Inft. Leg. 91, 229.
Execution may be had against the Bail, if the De-
fendant does not plead: And fome of our Books
fay, that Lands of Bail are bound from the Time
of the Recognizance, &c. entered into; and others
that they are not but from the Time of the Reco-
very of the Judgment against the Principal. Cro.
272, 449. If a Defendant puts in Bail by a wrong
Name, the Proceedings fhall nevertheless be good;
for otherwife every Man impleaded, may give a
falfe Name to his Attorney by which he will be
bailed, and then plead it in Arreft of Judgment.
Golds 138. But it hath been held, that if the Bail
be entered in one Name, and the Declaration and
all the Proceedings are by a contrary Name, it will
be erroneous. 1 Cro. 223. So if there is Bail, and
the Bail be taken off the File, the Plaintiff is with-
out Remedy: Though a Habeas Corpus and Bail Piece
being loft in B. R new were ordered to be made
out. Style 261. There is not only Bail to appear,
Ec. and on Writs of Error; but also in Audita
Querela, a Recognizance of Bail muſt be acknow-
ledged; and upon a Writ of Attaint, to profecute,
c. Fenk. Cent. 129. In London 'tis faid, Special
•
fence. 2 Inft. 186. But by Statute it was after en-
a&ted, that in Cafe of Homicide the Offender ſhould
not be bailed: And by our Statutes, Murderers,
Outlaws, Houfe-burners, Thieves openly defamed,
c. are not bailable; but where Perfons are guilty
of Larceny, are Acceffaries to Felony, or guilty of
light Sufpicion, they may be admitted to Bail. Stat.
3 Ed. 1. cap. 15. This Statute doth not extend to
the Judges of B. R. &c. only to Sheriffs and other
Inferior Officers. H. P. C. 98, 99. By the Common
Law the Sheriff might bail Perfons arrefted on Su-
fpicion of Felony, or for other Offence bailable;
but he hath loft this Power by the Stat. 1 Ed. 4. c. 2.
Juftices of the Peace may let to Bail Perfons ſu-
fpe&ted of Felony, or others bailable, until the next
Seffions: Though where Perfons are arreſted for
Manflaughter or Felony, being bailable by Law,
they are not to be let to Bail by Juftices of Peace
but in open Seffions, or where two Juftices (Quorum
unus) are prefent; and the fame is to be certified
with the Examination of the Offender, and the Ac-
cufers bound over to profecute, &c. 3 H. 7.
I E
2 P. & M. If a Perfon be dangeroufly wounded,
the Offender may be bailed till the Perfon is dead;
but 'tis ufual to have Affurance from fome skilful
Surgeon, that the Party is like to do well. 2 Inft.
186. A Man arrested and imprifoned for Felony,
being bailable, fhall be bailed before it appears whe-
T
ther
་
B. A
BA
1
•
ought to be only in a certain Sum of Money, and
not Body for Body. 2 Hawk. 115. And the Bail are
to be bound in double the Sum of the Criminal.
Where Perfons are bound Body for Body, if the
Offender doth not, appear, whereby the Recogni-
zance is forfeited, the Bail are not liable to fuch
Punishment to which the Principal would be ad-
judged if found guilty, but only to be fined, c.
Wood's Inft. 618. If Bail fufpe&t the Prifoner will
fly, they may carry him before a Juftice to find
new Sureties; or to be committed in their Dif-
charge. 1 Rep. 99.
Bailiff, (Ballivus) From the French Word Bayliff,
that is Prefectus Provincie, and as the Name, fo the
Office itſelf was answerable to that of France; where
there are eight Parliaments, which are high Courts
from whence there lies no Appeal, and within the
Precincts of the feveral Parts of that Kingdom
which belong to each Parliament there are feveral
Provinces to which Juftice is miniftred by certain
Officers called Bailiffs: And in England we have fc-
veral Counties in which Juftice hath been admini-
fired to the Inhabitants by the Officer whom we
now call Sheriff or Vifount, (one of which Names
:
•
ther he is guilty or not; but when convicted, or ja Crime of an inferior Nature, the Recognizance
if on Examination he confeffeth the Felony, he
cannot be bailed. 4 Inft. 178. For where in Man-
flaughter, Felony, &c. it is certainly known that
the Party did it, he ought not to be bailed. To re-
fufe Bail when any one is bailable; or to admit any
to Bail who ought not by Law to be admitted, or
to take flender Bail, is punishable by Fine, &c.
2 Inft. 191. H. P. C. 97. If where a Felony is com
mitted, one is brought before a Juftice on Sufpi-
cion, the Perfon fufpected is to be bailed, or com-
mitted to Prifon, but if there is no Felony done,
he may be diſcharged. H. P. C. 98, 106. The Court
of B. R. bails in all Cafes, and may bail Murder,
c. If a Man is found guilty of Murder by the
Coroner's Inqueft, yet B. R. may bail him; for they
may examine into the Depofitions taken by the
Coroner. 1 Salk. 104. But if a Criminal be indicted
of Murder, the Court will not bail him, though
upon Affidavits of Evidence which might difcharge
the Profecution: Nor when a Perfon is found
guilty of any Crime by the Grand Jury, because
they cannot have Notice of what Evidence was be-
fore the Jury, which by their Oath they are obliged
to conceal. Salk. 104. The Courts of King's
Bench, Common Pleas and Exchequer, in Term-defcends from the Saxons, the other from the Nor-
time, and the Chancery in the Term or Vacation, mans;) and tho' the Sheriff is not called Bailiff, yet
may bail Perſons by the Habeas Corpus A&; but not 'tis probable that was one of his Names alfo, be-
fuch as are committed for Treafon, or Felony fpe- caufe the County is often called Balliva: As in the
cially expreffed in the Warrant of Commitment; Return of a Writ, where the Perfon is not arreſted,
unless it be where a Seffions is paft from the Time the Sheriff faith, Infranominatus A. B. non eft Inven-
of Commitment of the Prifoner, without any Pro- tus in Balliva mea, &c. Kitch. Ret. Brev. fol. 285.
fecution, when he may be bailed. And B. R. will not And in the Statute of Magna Charta, cap. 28. and
admit a Perfon to bail on the Habeas Corpus Statute, 14. Ed. 3. cap. 9. the Word Bailiff feems to compriſe
on Commitment for Treafon or Felony, without as well Sheriffs as Bailiffs of Hundreds. As the
four Sureties. The Court of B. R. may bail Perfons Realm is divided into Counties, fo every County is
committed by the King's Special Command, or by divided into Hundreds; within which in ancient
the Privy Conncil, on the like Circumftances upon Times the People had Juftice miniftred to them by
which it will grant Bail on other Commitments: the feveral Officers of every Hundred, which were
This is where the Crime is fpecified in the War- the Bailiffs, as thofe Officers do in France and Nor-
rant of Commitment; and wherever any Commit-mandy, being chief Officers of Juftice within their
ment by the Privy Council hath not expreffed with Precincts. Cuftum. of Normand. cap. 1. And it appears
fome Certainty the Crime alledged against the Par- by Bracton, (lib. 3. tract. 2. cap. 34.) that Bailiffs of
ty, it has been uſual to admit him to Bail on his Hundreds might anciently hold Plea of Appeal and
Habeas Corpus. 2 Hawk. P. C. 107, 109. See Stat. 16 Approvers: But fince that Time the Hundred
Car. 1. cap. 10. Formerly Perfons committed for Courts, except certain Franchiſes, are by the Stat.
Treafon, by the King's Coinmand, or Order of 14 Ed. 3. fwallowed in the County-Courts; and now
Council, were not to be delivered without Trial, the Bailiff's Name and Office is grown into Con-
c. Upon a Commitment of either Houſe of Par-tempt, they being generally Officers to ferve Writs,
liament, when it stands indifferent on the Return
of the Habeas Corpus, whether it be legal, or not,
the Court of B. R. ought not to bail a Priſoner;
but when it appears to be illegal, they may do it,
as well as on an unwarrantable Commitment of the
King and Council. 2 Hawk. 110. And a Perfon com-
mitted for a Contempt, by Order of either Houfe
of Parliament, may be difcharged by B. R. after a
Diffolution or Prorogation, which determine all Or-
ders of Parliament: Alfo 'tis faid on an Impeach-ties
ment, when the Parliament is not Sitting, and the
Party has been long in Prifon, B R. may bail him.
The Court of B. R. hath bailed Perfons committed
to the Fleet Prifon by the Lord Chancellor; when
the Crime of Commitment was not mentioned, or
only in general Terms, &c. 2 Hawk. P.C. 111. And
B. R. having the Control of all inferior Courts,
may at their Diſcretion bail any Perfon unjustly
committed by any of thofe Courts. In admitting
a Perſon to Bail in the Court of R. R. for Felony,
c. a feveral Recognizance is entered into to the
King in a certain Sum from each of the Bail, that
the Prifoner ſhall appear at a certain Day, c.
And alſo that the Bail fhall be liable for the De-
fault of fuch Appearance, Body for Body. And it
is at the Diſcretion of Justices of Peace, in admit-
ting any Perfon to Bail for Felony, to take the
Recognizance in a certain Sum, or Body. for Body:
But where a Perfon is bailed by any Court, &c. for
6.
&c. within their Liberties. Though in other Re-
fpects, the Name is ftill in good Ëfteem; for the
Chief Magiſtrates in divers Towns, are called Bai-
liffs: And fometimes the Perfons to whom the
King's Caftles are committed are termed Bailiffs,
as the Bailiff of Dover Cafle, &c. Of the ordinary
Bailiffs there are feveral Sorts, viz. Bailiffs of Li-
berties; Sheriffs Bailiffs; Bailiffs of Lords of Ma-
nors; Bailiffs of Husbandry, &c. Bailiffs of Liber-
are thofe Bailiffs who are appointed by every
Lord within his Liberty, to execute Proceſs and do
fuch Offices therein, as the Bailiff Errant doth at
large in the County; but Bailiffs errant or itine-
rant, to go up and down the County to ferve Pro-
cefs, are out of Uſe: Bailiffs of Liberties and Fran-
chifes, are to be sworn to take Diftreffes, truly im-
panel Jurors, make Returns by Indenture between
them and Sheriffs, &c. and fhall be punished for
malicious Diftreffes, by Fine and treble Damages,
by antient Statutes. 13 Ed. 1. 12 Ed. 2, &c. The
Bailiff of a Liberty, may make an Inquifition and
Extent upon an Elegit: The Sheriff returned on a
Writ of Elegit, that the Party had not any Lands
but within the Liberty of St. Edmunds Bury, and
that F. S. Bailiff there had the Execution and Re-
turn of all Writs, and that he inquired and re-
turned an Extent by Inquifition, and the Bailiff de-
livered the Moiety of the Lands extended to the
Plaintiff, who by Virtue thereof entered, &c. and
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the faid Manor, and to take an Account of all Defects,
Decays, Waftes, Spoils, Trefpaffes, or other Misdemeanors,
committed or permitted within my faid Manor, or in any
Meſſuages, Lands or Woods there; and, from Time to
Time, to give me a juft and true Account in Writing
thereof: And further to act and do all other Things that
to the Office of a Bailiff of the faid Manor belongs and
appertains during my Will and Pleafare. In Witness,
&c.
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Bailiwick, (Balliva) Is not only taken for the
County; but fignifies generally that Liberty which
is exempted from the Sheriff of the County, over
which the Lord of the Liberty appointeth a Bailiff
with fuch Powers within his Precinct, as an Under-
Sheriff exercifeth under the Sheriff of the County;
fuch as the Bailiff of Westminster, c. Stat. 27 Eliz.
cap. 12. Wood's Inft. 206.
it was held a good Return. 3 Cro. Rep. 319. Thefe
Bailiffs of Liberties cannot arreft a Man without a
Warrant from the Sheriff of the County: And yet
the Sheriff may not enter the Liberty himself, at
the Suit of a Subject, (unless it be on a Quo minus,
or Capias utlagatum) without Claufe in his Writ,
Non omittas propter aliquam Libertatem, &c. If the
Sheriff, &c. enters the Liberty without fuch Power,
the Lord of the Liberty may have an Action
against him; tho' the Execution of the Writ may
ftand good. 1 Vent. 496. 2 Inft. 453. Sheriffs Bailiffs
are fuch who are Servants to Sheriffs of Counties
to execute Writs, Warrants, &c. Formerly Bailiffs
of Hundreds were the Officers to execute Writs;
but now it is done by fpecial Bailiffs, put in with
them by the Sheriff. A Bailiff of a Liberty is an
Officer which the Court takes Notice of; though a
Sheriff's Bailiff is not an Officer of the Court, but
only the Sheriff himſelf. Pafch 23 Car. 1. B. R. The
Arreft of the Sheriff's Bailiff is the Arreft of the
Sheriff; and if any Refcous be made of any Per
fon arreſted, it fhall be adjudged done to the She-
riff: Alfo if the Bailiff permit a Prifoner to efcape,
Action may be brought against the Sheriff. 1 Inft.
61, 168. Sheriffs are anfwerable for Miſdemeanors
of their Bailiffs; and are to have Remedy over
against them. 2 Inft. 19. And the Court of B. R. will
puniſh Bailiffs that misbehave themſelves in execu
ting Proceſs, &c. Bailiffs of Lords of Manors are
thofe that colle&t their Rents, and levy their Fines
and Amercements: But fuch a Bailiff cannot di-
ftrain for an Amercement without a Special War-
rant from the Lord or his Steward. Cro. Eliz. 698.
He cannot give Licence to commit a Treſpaſs, as
to cut down Trees, &c. though he may licence one
to go over Land, being a Trefpafs to the Poffeffion
only, the Profits whereof are at his Difpofal. Cro.
Fac. 337, 377. A Bailiff may himself, or command
another to take Cattle Damage-feafant upon the
Land. I Dany. Abr. 685. Yet Amends cannot be ten
dered to the Bailiff, for he may not accept of A-them fhall not be charged for the fame, for he was
mends, nor deliver the Diſtreſs when once taken.
5 Rep. 76. Theſe Bailiffs may do any Thing for the
Benefit of their Mafters, and it fhall ftand good
till the Maſter difagrees; but they can do nothing
to the Prejudice of their Mafters. Litt. Rep. 70.
Bailiffs of Courts Baron fummon thofe Courts, and
execute the Procefs thereof; they prefent all Pound
breaches, Cattle frayed, &c. Bailiffs of Husbandry
are belonging to private Men of good Eftates, and
have the Difpofal of the Under Servants, every
Man to his Labour; they alfo fell Trees, repair
Houfes, Hedges, &c. and gather up the Profits of
the Land for their Lord and Mafter, for which
they render Accounts yearly, &c. Befides thefe
there are alſo Bailiffs of the Foreft, of which you may
read Manwood, Part i. pag. 113.
K
An Appointment of a Bailiff of a Manor.
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Now all Men by thefe Prefents, That I W. B
of, &c. Efq; Lord of the Manor of D. in the
County of G. Have made, ordained, deputed and appointed
J. G. of, &c. my Bailiff, for me and in my Name, and
to my Use, to collect and gather, and to ask, require, de-
mand and receive of all and every my Tenants, that have
held, enjoyed, or now do, or hereafter ball hold or enjoy
any Meffuages, Lands, or Tenements, from, by or under
me, within my faid Manor of D. all Rents, and Arrears
of Rent, Heriot's, and other Profits, that now are, or
hereafter shall become payable, due, owing or belonging to
me, within the faid Manor; and in Default of Payment
thereof, to diftrain for the fame from Time to Time, and
fuch Diftrefs or Diftreffes to impound, detain and keep, un-
til Payment be made of the faid Rents and Profits, and
the Arrears thereof. And I do alfo further impower and
authorize the faid J. G. to take Care of and inspect into
all and every my Meffuages, Lands and Woods, within
Bailment, (from Bailler, to deliver) Is a De-
livery of Things to another, fometimes to be deli-
vered back to the Bailor that delivered them, fome
times to the Ufe of the Bailee to whom delivered,
and fometimes to a third Perſon. This Delivery is
called a Bailment; which may be fimple, as to keep
for my Ufe; or conditional, to be redelivered
when Money is paid, &c. Upon Bailment or Deli-
very of Goods, thefe Things are to be obferved: If
they are delivered to a Man to be fafely kept, and
after thefe Goods are ftolen from him; as he un-
dertook to keep them fafely, this fhall not excufe
him; but if he undertook to keep them as his own,
he fhall be excufed. 2.Inft. 89. 4 Rep. 83. 1 Rol. Abr.
338. If where Goods are delivered to one as a
pledge, they are ſtolen from him, A&tion lieth not
against him; becauſe he hath a Property in them,
and therefore ought to keep them no otherwife than
as his own. Co. Lit. 89. A Man leaves a Cheſt
locked up with another to be kept, and doth not
make known to him what is therein; if the Cheſt
and Goods in it are ftolen, the Perſon who received
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not truſted with them. Ibid. And what is faid as to
Stealing is to be underſtood of all other inevitable
Accidents: But it is neceffary for a Man that re-
ceives Goods to be kept, to receive them in a fpe-
cial Manner, viz. To be kept as his own, or at the
Peril of the Owner. 1 Lill. Abr. 193, 194. The Cafe
of a Carrier, Inn-keeper, &c. is different; for as
they have their Hire, and thereby implicitly un-
dertake the fafe Delivery of the Goods intrufted
with them, they fhall anfwer the Value if they are
ftolen from them. 1 Roll. Abr. 338. If one deliver
his Goods to another Perfon, to deliver over to a
Stranger; the Deliverer may countermand his Pow-
er, and require the Goods again, and if the Bailee
refufe to deliver them, he may have an Action of
Account for them. Co. Lit. 286. And where a Man
delivers Goods to another to be redelivered to the
Deliverer at fuch a Day, and before the Bailee
doth fell the Goods in Market-Overt; the Bailor
may at the Day feife and take his Goods, for the
Property is not altered. Godb. 160. One delivers a
Ring to another to keep, and he breaks and con--
verts the fame to his own Ufe: If I deliver my
Sheep to another to be kept, and he fuffers them to
be drowned by his Negligence; or if the Bailee of a
Horfe, or Goods, c. kill or fpoil them, in thefe
Cafes Action will lie. F. N. B. 5 Rep. 13. If a Man
Bail Goods to one, to Bail over to another, and the
Bailee, contrary to the Truft in him, doth not de-
liver but convert them to his own Ufe; he fhall be
chargeable both to the Bailor, and him to whom the
Goods ought to have been bailed 1 Bulft. 68, 69.
Bairman, A poor infolvent Debtor left bare and
naked. Bairman qui debet fieri, jurabit in Curia
quod nihil habet ultra 5 folidos & denarios. Stat. Will.
S
Reg. Scot. cap. 17.
Bakers,
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other juft Caufe, they may take their Exception in
Time, before the Marriage is confummated: And
in the Canon Law, Bannæ funt Proclamationes fponfi
fponfa in Ecclefiis fieri folita. But there may be a
Faculty or Licence for the Marriage, and then this
Ceremony is omitted; and Minifters are not to ce-
lebrate Matrimony between any Perfons without a
Licence, except the Bans have been first published
three feveral Times, upon Pain of Sufpenfion, &c..
Can. 62. See the Stat.. 7 & 8 W. 3. c. 35.
Bakers, Making Bread under Weight, deficient | either in Refpe&t of Kindred, Precontract, or for
in Goodneſs, c. the fame may be feifed by Juftices
of Peace, &c. and Penalties are inflicted by Stat.
1 Geo. 1. So for Selling their large Bread at higher
Price than fet. 3 Geo. 2. See Mayors.
Balcanifer, or Baldakinifer, i. e. A Standard-
Bearer; 'tis mentioned in Matt. Parif. Anno 1237.
Er die Balcanifer, qui ut alii, qui ceciderunt,
cruentiffimam de fe reliquit hoftibus victoriam, &c.
Balconies, Or open Galleries for People to ftand
and behold Things, to be to Houfes in the chief,
Streets of London four Foot wide, &c. Stat. 19 Car. 2.
T. 23.
Bale, (Fr.) A Pack, or certain Quantity of Goods
or Merchandize; as a Bale of Silk, Cloth, &c.
This Word is uſed in the Statute 16 R_2. and is ftill
in Ufe.
Balenger, By the Stat. 28 H. 6. cap. 5. feems to
have been a Kind of Barge, or Water Veffel. But
elſewhere it rather fignifies a Man of War, Tan-
dem pene folus fugiens in Balengario. Walfing, in R. 2.
Hoftes armaverunt quinque vafa bellica qualia Balinga-
rias appellamur. Ibid.
Baleuga, A Territory or Precin&. Charta Hen. 2.
See Bannum Banleuga.
Baliſtarius, A Balifter or Croſs-bow Man. Ger-
rard de la Warr is recorded to have been Baliſtarius
Domini Regis &c. 28 & 29 Hen. 3.
Baliva, Is expounded to fignify Jurifdiction. Co.
Lit 105.
Balivo amovendo, A Writ to remove a Bailiff
from his Office, for Want of fufficient Land in the
Bailiwick. Reg. Orig. 78. For if a Sheriff chufe
one to be Bailiff of a Hundred; or if the Lord of a
Liberty elect one to be Bailiff of the Liberty, who
hath not Land fufficient in the County to answer
the King and his People, according to the Statute of
Westmin. 2. then this Writ fhall be fent to the Sheriff
to diſcharge fuch Bailiff, and chufe another in his
Place.
Balkers, Are derived from the Word Balk, be-
cauſe they ſtand higher, as it were on a Balk or
Ridge of Ground, to give Notice of fomething to
others. Shep. Epitom. vide Conders.
Ballance of Trade, A Computation of the Value
of all Commodities which we buy from Foreigners,
and on the other Side the Value of our own native
Products, which we export into neighbouring King-
doms; and the Difference or Excefs between the
one Side and the other of fuch Account or Compu-
tation, is called the Ballance of Trade: Which Ex-
ceſs can be anſwered by us in nothing but our Coin
or Bullion. The Overplus of Goods brought from
our Colonies in America, and other Foreign Parts,
with which we fupply our Neighbours, is computed
in Time of Peace at least to Ballance our Trade.
Ballare, Signifies Scopis expurgare. 'Tis mentioned
in Fleta, lib. 2. cap. 87.
Bancale, A Covering of Eafe and Ornament for
a Bench, or other Seat; mentioned in the Monafti-
con, Tom. 1. pag. 222.
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Bane, (from the Sax. Bana, a Murderer) Signi
fies Deftruction or Overthrow; As, I will be the
Bone of fuch a Man, is a common Saying; fo when
a Perfon receives a mortal Injury by any Thing,
we fay, it was his Bane: And he who is the Cauſe
of another Man's Death, is faid to be Le Bane, i. e.
a Malefa&tor, Bract. lib. 2. tract. 8. cap. 1.
Baneret, (Banerettus, Miles Vexillarius) Sir Tho.
Smith, in his Repub. Angl. cap. 18. fays, is a Knight
made in the Field, with the Ceremony of cutting
off the Point of his Standard, and making it as it
were a Banner; and accounted fo honourable, that
they are allowed to display their Arms in the King's
Army as Barons do, and may bear Arens with Sup-
porters. Camden, in his Britan. fol. 109. hath theſe
Words, Baneretti, cum Vaſſalorum nomen jam defierat,
a Baronibus fecundi erant; quibus inditum nomen a Vex
illo; Conceffum illis erat Militaris Virtutis ergo quadrato
Vexillo (perinde ac Barones) uti, unde & Equites Vex-
illarii a nonnullis vocantur, &c. "Tis faid that they
were antiently called by Summons to Parliament:
And that they are next to the Barons in Dignity,
appears by the Statute 14 R. 2. c. 11. and 5 R. 2.
Stat. 2. cap. 4. William de la Pole was created Baneret
by K. Edward the Third, by Letters Patent, Anno
Regni fui 13. And thofe Panerets who are created
fub vexillis Regis, in exercitu Regali, in aperto Bello, &
ipfo Rege ferfonaliter præfente, explicatis, take Place of
all Baronets; as we may learn by the Letters Patent
for Creation of Baronets. 4 Inft. 6. Some main-
tain that Knights Banerets ought to be made in a
Civil War: But Hen. 7. made divers Banerets upon
the Cornish Commotion, in the Year 1495. See Sel-
den's Titles of Honours, f 799.
Banishment, (Fr. Banniſſement) Exilium, Abjura-
tio, is a Forfaking or Quitting of the Realm; and
a Kind of Civil Death, inflicted on an Offender :
There are two Kinds of it, one voluntary and upon
Oath, whereof you may read Abjuration; and the
other upon Compulfion, for fome Offence. Staundf.
Pl. Cr. f. 117. By Magna Charta, None fhall be
outlawed or banished his Country, but by lawful
Judgment of his Peers, or according to the Law of
the Land. 9 Hen. 3. c. 29. And by the Common
Ballaft, Is Gravel or Sand to poife Ships, and Law no Perfon fhall be banish'd, but by Authority
make them go upright: And Ships and Veffels ta- of Parliament; or in Cafe of Abjuration for Felony,
king in Ballast in the River Thames, are to pay fo&c. but this is taken away by Statute. 3 Inft. 115.
much a Tun to Trinity Houſe Deptford; who fhall
employ Ballaftmen, and regulate them, and their
Lighters to be marked, &c. on Pain of 101. Stat.
6 Geo 2. c. 29.
Ballium, A Sort of Fortreſs or Bullwark Eam
Civitatem cum exteriori Ballio caftri Bellatorum fuorum
infultibus occupavit. Matt. Weftm. Anno 1265.
Ban, or Bans, (from the Brit. Ban, i. c. Clamor)
Is a Proclamation, or publick Notice; any publick
Summons or Edi&t, whereby a Thing is commanded
or forbidden. It is a Word Ordinary among the
Feudifts; and there is both Bannus and Bannum
which fignify two feveral Things. This Word
Bans we ufe here in England, especially in publifh-
ing Matrimonial Contracts, which is done in the
Church before Marriage, to the End that if any
Man can ſpeak against the Intention of the Parties,
I
Stat. 21 Fac. 1. c. 28.. See Abjuration.
Bank, (Lat. Bancus, Fr. Banque) In our Com-
mon Law, is ufually taken for a Seat or Bench of
Judgment; as Bank le Roy, the King's Bench, Bank
le Common Pleas, the Bench of Common Pleas, or the
Common Bench; called alfo in Latin Rancus Regis,
and Bancus Communium Placitorum Cromp. Juft. 67,
91. Jus Banci, or the Privilege of the Bench, was
antiently allowed only to the King's Judges, qui fum-
mam adminiftrant juftitiam; for inferior Courts were
not allowed that Privilege. There is another Sort
of Bank, which fignifies a Place where a great Sum
of Money is let out to Ufe, returned by Exchange, or
otherwife difpofed of to Profit: And a Bank of Eng-
land managed by a Governor and Directors, elta-
blifhed by Parliament, with Funds for maintaining
thereof, appropriated to fuch Perfons as were Sub-
fcribers
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fcribers; and the Capital Stock, which is enlarged (nomination of a Bankrupt, upon his Failing therein.
by divers Statutes, is exempted from Taxes, ac- But Adventurers in the East India Company, Mem-
counted a Perfonal Eftate affignable over, not fubje&t bers of the Bank of England, of the South Sea Com-
to Forfeiture; and the Company make Dividends of pany, and other Societies, fhall not be adjudged
the Profits Half-yearly, &c. The Funds are redeem-Bankrupts, in Refpect of their Stock, &c. Alfo no
able by the Parliament, on paying the Money bor- Perfon concerned as Receiver General of Taxes,
rowed: And the Company of the Bank, is to conti-c. fhall be a Bankrupt: And Farmers, Graziers,
nuc a Corporation, and enjoy Annuities 'till redeem-c. are excepted out of the Statutes; as Buying
ed, &c. During the Continuance of the Bank no Body and Selling is not their only or principal Means of
Politick, &c. other than the Company, fhall borrow Livelihood. 14 Car. 2. 9 & 10 W. 3. 7 Anna, &c.
any Sums on Bills payable at Demand; and Forging An Inn-keeper is not within the Statutes, for thoʻ
or Altering Bank Notes, or tendering fuch forged Notes he buys Provifion to be spent in his Houle, yet he
in Payment, demanding to have them exchanged for doth not properly fell it, but utters it to his Guetts
Money, &c. is Felony. And Officers or Servants of at no certain Price. Cro. Car. 395. And a Taylor
the Company, that imbezil any Bank Note, c. is not within the Statute of Bankrupts, because he
wherewith they are intrufted, being duly convicted lives by Making of Garments, and not by Buying
fhall fuffer Death as Felons. Vide the Statutes 5 & 6, and Selling. A Shoemaker hath been adjudged
and 8 & 9 W. 3. and 7 Anna, Sc. See also I Geo. 1. within the Statutes, as he lives by his Credit in
c. 12. and 3 and 11 Geo. I. c. 8. and 15 Geo. 2. c. 13. buying Leather, and felling it again in Shoes, c.
Bankers, The money'd Goldsmiths first got the And Carpenters in London, Weavers, Dyers, Tan-
Name of Bankers in the Reign of K. Charles the Se-ners, Bakers, Brewers. Vintners, c. may be Bank
cond, as by the Words of an Act of Parliament, rupts: But Handicraftinen, Husbandmen, Labour-
·Anno 22 & 23 Car. 2. appears, Whereas feveral ers, &c. are not within the Statutes. Cro. Car. 21.
Perfons, being Goldsmiths, and others, by taking up or bor- Cro. Fac. 585. 3 Mod. 330. A Feme fole Merchant
rowing great Sums of Money, and lending out the fame in London may be a Bankrupt. If a Merchant gives
again for extraordinary Hire and Profit, have gain'd and over his Trade, and fome Years after becomes non-
acquired to themselves the Reputation and Name of Bank-folvent for Money he owed while a Merchant, he is
ers, &c. thus runs the Statute: But Bankers of late a Bankrupt: But if it be for new Debts, or old
are thofe Goldsmiths and private Perfons in whofe Debts continued on new Security, it is otherwife.
Hands Money is lodged and depofited for Safety, to 1 Vent. 5. 29. A Banker who hath many Peoples Mo-
be drawn out again as the Owners have Occafion for
it; and the Bankers, instead of lending abroad the
Money thus depofited, ufually traffick with it in
Exchange Alley on the Stocks, c. oftentimes to their
great Advantage, they being generally Men of great
Eftates.
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ney in his Hands refufes Payment, yet keeps his
Shop open, and as often as he is arrefted gives Bail;
by this Means he may give Preference of Payment
to his Friends; and if when he hath done he runs a-
way, fuch Payment fhall ftand against a Commiffion
of Bankruptcy. Farefl. Rep. 1.39 If after a plain Act
Bankrupt, (Bankus ruptus) Is fo called, becaufe of Bankrupty, one goes abroad and is a great Dealer,
when the Bank or Stock is broken or exhaufted, yet this will not purge the firft A&t of Bankruptcy:
the Owner is faid to be a Bankrupt. And this though if he pays off or compounds with his Credi-
Word Bankrupt is derived from the Fr. Banqueroute, tors, he is become a new Man. Trin. 2 Ann, 1 Salk.
which fignifics a Breaking or Failing in the World: 110. A Man born in England goes over to Ireland,
Banque in French is as much as Menfa in Latin, and and there trades and buys Goods in England, and
route is the fame as Veftigium; and this Term is faid fells them in Ireland, and being indebted in England
to be taken originally from the Roman Menfarii, becomes Bankrupt, adjudged a Bankrupt in England.
which were fet in publick Places, and when a Raym. 375. A Gentleman of the Temple went to
Tradefman flipp'd away, with an Intention to de- Lisbon, and traded to England and broke; it was ad-
ceive his Creditors, he left only fome Veftigia or judged he was a Bankprupt by Reafon of his Trading
Signs of his Table or Shop behind him. Cowel. But hither and back again, which gain'd him Credit
a Bankrupt with us fignifieth generally either Man here, though he was out of the Realm. Salk. 110.
or Woman, that Living by Buying and Selling hath Where there are two Partners in Trade, and one
gotten other Mens Goods into his or her Hands, breaks, you fhall not charge the other with the
and hideth himself in Places unknown, or in his Whole; but the Eftate belonging to the joint Trade.
own Houſe, in order to deceive and defraud his ought to be divided, &c. Mod. Rep. 45. And if one
Creditors. 4 Inft. 277. And by Stat. 1 Fac. 1. c. 15. of them becomes a Bankrupt, it will not affect his
a Bankrupt is thus defcribed, viz. All and every Companion. 3 Salk. 61. Acts difcharging Bankrupts,
Perſon who ſhall ufe the Trade of Merchandife, by fhall not difcharge any Partner in Trade, or one
Way of Bargaining, Exchange, Bartering or other jointly bound with the Bankrupt. i Danu. Abr. 686.
wife in Grofs, or by feeking his or her Living by A Merchant Trader indebted, keeps in another
Buying and Selling, who fhall depart his Houfe, or Man's Houfe, or on Ship board, adjudged a Keeping
abfent himſelf, or fuffer himself to be arrested for in his Houfe: But a Withdrawing muſt be on Pur
any Debt, or other Thing not grown due, for Mo-pofe to defraud Creditors; and if a Man gocs foine-
ney delivered, Wares fold, or other good Confide- times at large, fo as he may be met with one Time
ration; or hall fuffer himself to be outlawed, or go or other, it will excufe him. The Commiflioners
to Priſon, or fraudulently procure himself to be ar- of Bankrupts have the Power to adjudge a Man a
refted, or his Money or Goods attached; or make Bankrupt, yet in an Action the Jury must find whe-
any fraudulent Conveyance of his Lands, Goods, or ther he was fo, or not. I Danv. 687
I Danv. 687 He that is a
Chattels, whereby his Creditors may be defeated in Bankrupt to one Creditor, is accounted in Law a
the Recovery of their juft Debts; or being arrefted Bankrupt to all the Creditors; and being once ad-
for Debt fhall lie in Prifon fix Months, or more, judged fo, is always fo to the reft of the Creditors.
upon fuch Arreft or Detention, ſhall be adjudged a 22 Car. i. B. R. Commiffioners may commit a
Bankrupt. The 21 Fac. 1. cap. 19. hath other De-
feriptions of a Bankrupt; but they are declared void
by a late Statute. It is not buying and Selling of
Land, but of perfonal Things, that will make a
Man liable to be a Bankrupt; nor is it Buying only,
or Selling only, but both buying and Selling. Every
one that gets his Living by Buying and Selling in
Trade and Merchandize, may come under the De
Bankrupt refufing to be examined, &c. till he fubmit
himfelf to be examined. 1 Salk. 151. But the Com.
miflioners are not to commit a Bankrupt for not dif-
covering his Eftate, without examining him on In-
terrogatories. 1 Lill Abr. 202. They are to ex-
amine the Bankrupt upon Interrogatories; and they
have Power to examine others, as to what they know
of any Perfon's carrying away any Part of the Bank
U
rupt's
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1
rupt's Eftate. 5 Mod. 309. Commiffioners of Bank Bankrupt's Goods, having Security for their Debts in
rupt have Power to fell, grant and affign, but they their Hands, are not Creditors within the Statutes.
cannot bring an Action; for their Affignees mult Thofe that attach Goods of the Bankrupt, are to
generally bring all Actions. 1 Mod 30. The Cre come in as Creditors. If an Executor becomes
ditors have a Right to the Bankrupt's Goods, by the Bankrupt, a Legatee is to be Creditor. And Aliens
A&t of Bankruptcy, and thereby they are bound: as well as Denizens may come in as Creditors; for
Though until Affignment by the Commiffioners, the all Sratures concerning Bankrupts extend to Aliens,
Property is not transferred out of the Bankrupt. who ſhall be ſubject to the Laws againſt Bankrupts,
Salk. 108. The Commiffioners are to fell all the &c. Hob. 287. Stat. 21 Fac. 1. The Commiffioners,
Bankrupt's Lands in Fee, for Life, or Years, &c. after Sale of the Bankrupt's Eftare, are to make Di-
and it will be binding against the Bankrupt and his ftribution among the Creditors contributing to the
Iffue, &c. 1 Lill. Abr. 204. They may fell all en- Commiffion, firft making the Bankrupt his Allow
tailed Lands in Poffeffion, Reverfion, or Remainance, &c. And in the Diftribution of the Bank-
der, except entailed in the Crown, of the Gift of rupt's Eftate, no Refpect is to be had to Debts upon
the King; and this fhall bind the Iffue in Tail, and Judgment, Recognizances, or Specialties, beyond
all others, which a Common Recovery might cut other Debts. After four Months, and Distribution
off. Ibid. 205. But Sales of the Bankrupt's Land by made, no Creditor can come in to disturb it; but he
Commiffioners, are to be by Deed inrolled. If a may come in for the Refidue, of which no Diſtri
Bankrupt grant his Lands or Goods in the Names of bution is made. I Danv. 693. And the Court of
other Perfons, the Commiffioners notwithstanding Chancery hath fometimes allowed Creditors to
may make Sale of them: But not Lands, &c. con- come in after Diftribution, upon particular Circum-
veyed Bona fide before the Party became a Bank- ftances which have happened; and the Lord Chan-
rupt. Wood's Inft. 310. And no Purchaſe of Lands cellor ordered the Execution of the Commiffion
fhall be impeached, unless the Commiffion of Bank to be fufpended. Chan. Rep. 307. If Commiffion-
rupt be fued out within five Years after a Man beers refufe to pay a Creditor his proportionable
comes Bankrupt. Lands held by a Bankrupt in Join- Part, he may bring Action of Debt, or be more
tenancy, may be fold as to the Moiety: Alfo Lands properly relieved in Chancery: Where the Com-
which a Perfon hath in Right of his Wife, (but not miffioners do not purfue the Acts of their Com-
her Dower) Land's devifed to a Bankrupt, the Commiffion, the Party injured muft bring his Action,
miffioners may fell. The Commiffioners have Power and fet forth the Finding of the Commiffioners,
to fell Lands mortgaged, on Tender and Payment of that the Debtor is a Bankrupt. But if a Cominiffion
the Mortgage Money. 2 Rep. 25. And Affignees of is not duly obtained against a Perfon, he may
the Commiffioners, have the Benefit of Covenants traverfe, by Saying he is not a Bankrupt. 8 Rep. 121.
of Re-entry, &c. on Lands. If a Bankrupt commits By 1 Fac. 1. c. 15. In Actions againſt Commiffion-
Felony, it is faid his Lands fhall not efcheat, but the ers, or others under them, executing any Matter
Commiffioners may fell it: And his Creditors fhall by Force of the 13 Eliz, or that Statute, the De-
have his Goods, not the King. Stone 126, 130. All fendants may plead Not guilty, or justify that it
the Goods and Chattels of the Bankrupt, which he was done by the Authority of thofe Acts, &c. with-
was poffefs'd of at the Time of his becoming Bank out fhewing forth the Commiffion; to which the
rupt, may be fold by the Commiffioners; and not- Plaintiff may reply, that the Defendant did the
withstanding the Bankrupt fell them in Market overt. Fact of bis Wrong, c. 1 Danv. 694. The Statutes
Sale of Goods by a Bankrupt, after an A&t of Bank concerning Bankrupts are 34 H. S. 13 Eliz. 1 Fac.
rupty, may be avoided by the Commiffioners of 1. 21 Fac. 1. 4 & 5 Anne. 5, 6 Ep 7 Geo. 1.
Bankrupt; and they may in this Cafe bring Trover 35 Geo. 2. By the 34 Hen. 8. cap. 4. The Lord
for the Goods, or Debt, or Affumpfit for the Valne, Chancellor, Treasurer, &c. is to take Order with
Ec. 3 Salk. 60. Offices of Inheritance may be fold; the Bankrupt's Body, Lands and Goods. The 13
but not Offices of Truft, annexed to the Perfon for Eliz. c. 1. gives Power to the Lord Chancellor,
Life. Affignees may bring Actions for Debts due upon Complaint in Writing against a Bankrupt, to
to the Bankrupt in their own Names, c. But if appoint Commiffioners to fell the Bankrupt's Lands,
the Commiffion be not taken out within fix Years, as well Copyhold as Free, Annuities, Goods, Chat-
directed by Law for Suing of Debts, and the Affign-tels, Debts, &c. By 1 Fac. 1. cap. 15. Commiffion-
ment made within that Time, a Defendant in an ers may affign Debts, c. to the Creditors, and
Action may plead the Statute of Limitations: If the proceed to Execution, tho' the Bankrupt dies; Per-
Commiffion be taken out in fix Years, the Statute fons fufpected to detain any of the Bankrupt's Goods
preferves the Debt, being to relieve the Creditors or Eftate may be arrested, and ftill refusing to
against Fraud, &c. 1 Saund. 37. When Money is deliver them, fhall be committed; Creditors will
obtained by Judgment in Action of Debt, and the be received if they come within four Months:
Plaintiff becomes Bankrupt, and a Commiffion of And the Commiffioners are to render the Bankrupt
Bankrupt is taken out against him, tho' the Sheriff an Account, &c. The 21 Fac. 1. c. 19. inflicts a
may bring the Money into Court, it fhall be de- Punishment of Pillory on Bankrupts fraudulently
livered to the Plaintiff, and not the Affignee of the concealing their Effects; and gives the Commif-
Commiffion, unless he take out a Scire facias against fioners Power to break open the Bankrupt's House,
the Defendant, in order to try the Bankruptcy. 1 Vent. Chefts, &c. for Difcovery of Goods; and another
193.
A Plaintiff that hath a Defendant's Body in Perfon's Goods in the Bankrupt's Poffeffion, as his
Execution, who becomes Bankrupt, fhall not come own to fell, . fhall be difpofed of by the Commif-
in to be relieved by the Statutes: But if the Plaintiff fioners. The 4 & 5 Ann. enacts, That Bankrupts,
recovers Damages, &c. against the Defendant, and are to furrender themselves to be examined in thirty
hath Judgment, and then the Defendant becomes Days, and difcover and deliver up to the Commif
Bankrupt, the Plaintiff is a Creditor; for it is a fioners all their Goods, Papers and Estate, or ſuf-
Debt due to him, and Action of Debt lies on the fer as Felons; but the Lord Chancellor may en-
Judgment. I Cro. 166. If a Debtor to a Bankrupt large the Time to fixty Days. Upon the Certifi
pays him his Debt voluntarily, he muft pay it over cate of the Commiffioners, the Bankrupt is to be ap-
again; but 'tis otherwife in Cafe of Payment by prehended: And the Commiffioners are to affign
Compulfion of Law. 2 Vent. 258. Where one trufts the Bankrupt's Effects to fuch Perfons as ſhall be
a Bankrupt after he becomes fuch, he fhall not be chofen by a major Part of the Creditors; who may
relieved as a Creditor. Suretics or Bail, when they compound with Debtors, c. By the 5 Geo. I. c. 24.
have paid the Debt, may come in as Creditors: But it is ordained, that Bankrupts within thirty Days
Mortgagees, or Perfons that have a Pledge of the after Notice, (which is to be given in the Gazette)
2
fhall
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fufficient to make him a Bankrupt; then to petition
the Lord Chancellor for the Commiffion; give Bond
to prove the Perfon a Bankrupt, &c. within fome or
one of the Statutes: And next follows the Commif
fron, directed to five Commiffioners, (whereof two
are to be Efquires of the Quorum :) And when the
Commiffion is executed, and the Party hath con-
formed to the Statutes, his Certificate is granted
and allowed, c.
fhall furrender themfelves to the Commiffioners, | Warrant, and refufing to be examined, the Com-
and conform to the Acts, or they will be guilty of miffioners may commit them: Notice fhall be given
Felony Alfo their Concealing Goods to the Value to Creditors to meet and chufe Affignees, and prove
of 201. is made Felony. The Commiffioners are to Debts, &c. which they may do without paying
call before them Perfons as can give an Account of Contribution. Perfons difcovering a Bankrupt's
Acts of Bankruptcy: And Truftecs for the Bankrupt, Eftate, to be allowed 51. per Cent. Concealing Trufts,
and others concealing his Eftate, fhall difcover to forfeit 100l. and double Value. New Affignees
Trufts, &c. or forfeit 100l. and double the Value. may be chofen by the Creditors; and the old ones
But Perfons diſcovering the Bankrupt's Eſtate are al- fhall deliver up Effects to them, under the Penalty
low'd 31. per Cent. for fuch Difcovery. There fhall of 2001. Affignees may compound for Debts due to
be three feveral Meetings appointed by the Com- the Bankrupt, &c. And after the End of four Months
miffioners; and the Commiffioners are to certify to within twelve Months are to account, and then a
the Lord Chancellor, that the Bankrupt hath con- Dividend fhall be made; and there may be a fe
form'd, and four Parts in Five, in Number and Va-cond Dividend in eighteen Months, if the Eftate be
lue, of the Creditors muft fign the Bankrupt's Certi- not wholly divided on the firft, which fhall be final,
ficate. None are to vote for the Choice of Af- unless any Law-Suit is depending, or the Effects are
fignees, whofe Debt doth not amount to 10l. and not difpofed of, &c. On Petition to the Lord Chan-
no Commiffion fhall iffue, except the Debt of one cellor, Proceedings may be entered on Record,
Creditor petitioning amounts to 100l. of two Cre- and Copics given in Evidence. The Commiffioners
ditors 150l or of three Creditors to 200l. And to take an Oath for faithful Execution of their
Bond is to be given of 2001. Penalty for proving Trufts; to be allowed 20s. a Day, and nothing for
the Party a Bankrupt. Bankrupts conforming are to Expences; and Attornies and Solicitors Bills, are
have an Allowance of 51. per Cent. not exceeding to be adjusted by a Mafter in Chancery. Bankers,
2001. where their Eftates pay Ss. in the Pound, Brokers, and Factors are fubje& to the Statutes of
Exc. The 6. Gec. L. c. 21. empowers any Judge of Bankrupt; but no Receiver General of Taxes, &c.
the Court wherein Judgment has been obtained a- fhall have any Benefit by this A&t. In Order to the
gainst a Bankrupt, for any Debt owing before he be- Taking out a Commiffion of Bankrupt, it is ufual
came Bankrupt, the Bankrupt being in Priſon in Ex- firft for a Creditor to make Affidavit before a Maſter
ecution on fuch Judgment, to diſcharge fuch Bank-in Chancery, that the Party is indebted in a Sum
rupt on producing his Certificate. And by 7 Geo. I.
cap. 31. Perfons having Bills, Notes, &c. upon
Bankrupts, payable at a Day to come, fhall be ad-
mitted to prove them as if due preſently, and be
entitled to a Dividend of the Bankrupt's Eftate, al-
lowing a Difcount of 51 per Cent. and Bankrupts
fhall be diſcharged from fuch Notes: But no Cre-
ditor in Refpect of fuch Debt fhall join in any Pe-
tition for fuing forth any Commiffion of Bankruptcy,
till the Debt is actually due. By the 3 Geo. 2. c. 22.
the A&t 5 Geo. I. was revived; and Perfons declared
Bankrupts before the Expiration of this Statute,
were entitled to Relief and Diſcharge from Debt
Debrs,
and the Lord Chancellor to proceed, and allow of
Certificates, &c. as if that Act was in Force; fo as
they obtained their Certificates before the 25th of
March 1732. The 5 Geo. 2. c. 30. ordains, that if
Bankrupts do not, after Notice in the Gazette, furren-this Deponent believes.
der to the Commiffioners in forty-two Days, to be
examined, and difcover and deliver up all their
Eftates Real and Perfonal, they fhall be adjudg'd
guilty of Felony ; but the Lord Chancellor may en-
large the Time for Surrendering, not exceeding
fifty Days further: They are to deliver all Books Umbly complaining, Sheweth unto your Lordſhip,
of Account, Writings, &c. on Oath to the Af
your Orator, A. B. of, &c. as well for himself, as
fignees; and fhall be allowed 51. per Cent. fo as not all other the Creditors of C. D. of, &c. That whereas
to excced 2001. if they pay 10s. in the Pound, 71. the faid C. D. using and exercising the Trade of, &c. by
10s. per Cent. not above 250l. if pay 12s. 6d. per Way of Bargaining, Selling, Exchanging and Bartering,
Pound, and 10l. per Cent. not exceeding 300l. if &c. and feeking his Living by Buying and Selling, upon
they pay 15s. in the Pound; but no Advantage is juft and good Causes, for Wares and Merchandizes to him
given to any Bankrupt, who hath loft 51. a Day, or fold and delivered, and alfo for ready Money to him lent,
100l. in a Year at Gaming, or 100l. by Stockjob- &c. being indebted to your Orator in the Sum of 1001.
bing, &c. And the Body of the Bankrupt only, not and upwards, of late, that is to fay, on or about, &c.
his future Eftate, to be difcharged, except he pay laft paft, to the Intent to defraud and hinder your faid
15s. per Pound. Four Parts in five in Number and Crator, and other his Creditors of their juft Debts and
Value of Creditors, not for less than 207. are to fign Duties to them due and owing, did become Bankrupt
Certificates, and confent to the Bankrupt's Dif- within the feveral Statutes made against Bankrupts, viz.
charge, &c. of which Oath is to be made, and other within the Statute made in the Parliament begun and
Creditors may be heard against it: Bonds or Notes bolden at Westminster, the Day, &c. in the thirteenth
given to any Creditor to confent to a Certificate, Year of the Reign of Queen Elizabeth concerning Bank-
fhall be void; and if the Perfon iffuing any Com-rupts; and within the Statute made in the Parliament,
miffion have privately more than the other Credi- begun and holden, &c. (here fet forth all the Statutes of
tors, the Commiffion may be fuperfeded, and he Bankrupts) or cvithin fome or one of them: In tender
fhall lofe his Debt. No Commiffion of Bankrupt Confidcration whereof, may it pleafe your Lordship to
fhall be granted, unless the Debt of one Creditor grant unto your Orator his Majesty's most gracious Com-
amount to 100%. or of two Creditors to 1507. or of miffion, to be directed to fuch and so many honest and dif-
three to 2001. And Affidavit must be made thereof, creet Perfons, as to your Lordship shall feem meet, autko-
c. Bankrupts are to be apprehended, on a Com-rizing them thereby not only concerning the faid Bankrupt,
miffion iffued and certified, by Virtue of a Juftice's his Body, Lands and Tenements, Goods and Chattels,
Affidavit of a Debt to make the Party a Bankrupt.
A. truly and juftly indebted to him this Deponent
B. of &c. maketh Oath that C. D. of, &c. is
(one of the Creditors) in the Sum of 1001. and upwards;
and that he is become a Bankrupt within the Meaning of
one or fome of the Statutes made against Bankrupts, as
Jurat' die, &c. coram, &c.
A. B.
A Petition to the Lord Chancellor for a Commiſſion.
Dekts
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Debts, and other Things whatsoever, but alſo concerning all
other Perfors, who by Concealment, Claim, or otherwife,
do or shall offend touching the Premises, or any Part
thereof, contrary to the true Intent and Meaning of the
faid Statutes, or any of them: And also to do and exe-
cute all and every Thing and Things whatsoever, as well
for and towards Satisfaction and Payment of the faid
Creditors, as towards and for all other Intents and Pur-
pofes, according to the Direction and Provifion of the
faid Statutes.
And your Orator fhall ever pray, &c.
A Bond to the Lord Chancellor on granting the Com-
K
miffion.
Money
ing the Premises, or any Part thereof, contrary to the In-
tent and Meaning of the faid Statutes, or any of them:
And to do and execute all and every Thing and Things
whatsoever, as well for and. towards Satisfaction and
Payment of the faid Creditors, as towards and for all
other Intents and Purpoſes, according to the Ordinances and
Provifions of the fame Statutes; willing and commanding
jou, four or three of you, to proceed to the Execution of
this our Commiffion, according to the true Intent and Mean-
ing of the faid Statutes, with all Diligence and Effect.
Witness our felf at Westminster, the Day, &c. in the,
&c. Year of our Reign.
Now all Men by thefe Prefents, That I
A. B. of, &c. am held and firmly bound
to the Right Honourable Charles Lord Talbot,
Baron of, &c. Lord Chancellor of Great Britain,
in two hundred Pounds of good and lawful Money
of this Kingdom, to be paid to the faid Lord Chan-
cellor or to his certain Attorney, his Executors, Ad by
miniftrators or Affigns; for which Payment well
and truly to be made, I bind myſelf, my Heirs, Ex-
ecutors and Adminiftrators, firmly by thefe Prefents
fealed with my Seal. Dated this Day of, &c. in
the Year of the Reign of the Lord George the
Second, &c. and in the Year of our Lord, &c.
The Condition of this Obligation is fuch, That
if the above bound A. B. do and fhall before
the major Part of the Commiffioners to be appoint-
ed in a Commiffion of Bankrupt against C. D. of, &c.
prove that the faid C. D. is juftly indebted unto the
faid A. B. in the Sum of 1001. And in like Manner
prove that the faid C. D. is become a Bankrupt with
in ſome or one of the Statutes made against
rupts; then this Obligation to be void, or elfe to
remain, &c.
G
Form of a Commiſſion of Bankrupt.
-
&c.
a
Form of a Bankrupt's Certificate.
To the Right Honourable Charles Lord Talbot,
Baron of Henfoll, Lord High Chancellor of
Great Britain.
the Commi
E R. C. H. S. H. B. &c. the major Part of
the Commiffioners affigned and authorized in and
Commiffion of Bankrupt awarded against C. D. of,
bearing Date at Westminster, the Day of, &c. last
past, having begun to execute the faid Commiffion, and
found that the faid C. D. became a Bankrupt before the
Date and Suing out of the faid Commiffion, within the
true Intent and Meaning of one or some of the Statutes
made against Bankrupts, do humbly certify to your Lord-
fhip that the faid C. D. did on, &c. furrender himself to
us, and fubmit himself to be examined on Oath before us,
from Time to Time, and in all Things to conform him-
felf to an Act made in the fourth and fifth Years of her
late Majesty Queen Anne, intitled, An A&t to prevent
Frauds frequently committed by Bankrupts, &c. And
to the feveral other Statutes made against Bankrupts:
Whereupon and for the better Difcovery of the faid, Bank-
Bankrupt's Efate, and putting in Execution the faid Acts,
We the faid R. C. H. S. H. B. &c. have had ſeveral
Meetings for the Examination of the faid C. D. and
caufed due Notice to be published in the Gazette of the
Time and Place when and where we intended to finish his
faid Examination, to the tent that the Creditors of the
faid C. D. might be heard against the Making of this
EORGE the Second, by the Grace of God, prefent Certificate, and alfo admitted to prove their Debts:
King of Great Britain, c. To our Trusty and And feveral Creditors having proved their Debts, and none
well beloved R. C. H. S. H. B. J. T. JC. &c. Greet-hewn any Caufe against the Making of this Certificate:
ing: Whereas we are informed that C. D. of, &c.
ufing and exercising the Trade of &c. by Way of Bar-
gaining, Exchange, Bartery, &c. feeking his Living by
Buying and Selling, did about fix Months fince become
Bankrupt within the Several Statutes made against Bank
rupts, to the Intent to defraud and hinder A. B. of, &c.
and other his Creditors of their juft Debts and Duties to
them due and owing: We therefore minding the due Ex-
ecution as well of the Statute touching Orders for Bank
rupts made in the Parliament, begun and holden at Weft-
minster, the Day, &c. in the thirteenth Year of the
Reign of Elizabeth Queen of England made and pro
vided, as of the Statute made in the Parliament, begun
and holden at Westminster, the Day, &c. in the first
Year of King James of England, &c. intitled, An Act,
Ec. And alfo of the Statute made in the Parliament, be-
gun and bolden, &c. in the twenty-first Year of the ſaid King
James of England, &c. And alfo of the Statute made
in the Parliament, bolden, &c. in the fourth Year of the
Reign of her late Majesty Queen Anne, intitled, &c.
And alfo of the Statute made, &c. in the fifth Year of
our Reign, &c. Upon Trust of and in the Wisdom and
Eidelity which we have conceived in you, do by these Pre-
fents affign, appoint, conftitute and ordain you our Special
Commiffioners for the Purpoſe aforefaid, giving full Power
and Authority unto you, or four or three of you, to proceed
according to the faid Statutes, and every or any of them
not only concerning the faid Bankrupt, his Body, Lands
and Tenements, Goods, Chattels, Debts, and other Things
whatſoever; but also concerning all other Perfons, who by
Con.ealment, Claim or otherwife do or fall offend touch-
2
We do therefore further certify to your Lordship, that
the faid C. D. hath upon fuch Examination made a Dif
covery of his Eftate and Effects, and in all Things con-
formed himself according to the Direction of the faid late
Acts; and that there doth not appear to us any Reason to
doubt the Truth of fuch Discovery, or that the fame is not
a full Difovery of all the Eftate and Effects of the ſaid
C. D. And the rather, for that the Perfons who have
figned this Certificate, teftifying their Confents to the fame,
are full four Parts in five, in Number and Value, of the
Creditors of the faid C. D. who have duly proved their faid
Debts. Witness our Hands and Seals, &c.
Banks, No Town or Freeman fhall be diftrained
to make Banks or Bridges, but fuch as of old Time
have been used to make them. Stat. 9 Hen. 3. c. 15.
In Norfolk Perfons fhall be difcharged towards the
Repair of Sea-Banks, as they are chargeable to the
Highways, by 27 Eliz. c. 24.
Bannimus, The Form of Expulfion of any Mcm-
ber, from the University of Oxford, by affixing the
Sentence in fome publick Places, as a Denuncia-
tion or Promulgation of it. And the Word Banning
is taken for an Exclamation againft, or Curfing of
another.
annitus, An Outlaw, or banished Man.
Vobis Præcipimus quod eidem Cancellario ad infequendum,
arreftandum & capiendum dictos Malefactores Banni-
tos, &c. Pat. 15 Ed. 2.
Banniatus foztís, Is ufed in the fame Senfe as
Bannitus, fignifying one outlawed or judicially ba-
niſhed,
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nifhed: Pat. 25 Hen. 3. Brady's Hift. Ang. Append.
p. 196.
Bannum vel Banteuga, The utmoft Bounds of
a Manor, or Town, fo ufed 47 Hen. 3. Rot. 44, &c.
Notum facio, me eleemofynam noftram Chrifto con
ceffiffe & omnibus Sanctis fuis, &c. viz. primo Terram
illam a Twiwella ufque Thorney ubi Bannum noftrum
ceffat. Carta Canuti Regis Coenobio Thornciæ. Ban-
leuga de Arundel is taken for all that is compre-
hended within the Limits or Lands adjoining, and
fo belonging to the Caftle or Town. Seld. Hift. of
Tithes, p. 75.
Barbers, Are incorporated with the Surgeons of
London; but not to practice Surgery, except draw-
ing of Teeth, &c. 32 H. S. See Surgeon.
the Statute of Ufes. 1 Dany. Abr. 696. Every Deed
may be inrolled at Common Law, for its Security.
If feveral feal a Deed of Bargain and Sale, and bur
one acknowledge it, and thereupon the Deed is in-
rolled; this is a good Inrolment within the Statute.
Style 462. None can make a Bargain and Sale of
Lands that hath not the actual Poffeffion thereof at
the Time of the Sale; if he hath not the Poffeffion;
the Deed must be fealed upon the Land, to make it
good. 2 Inft. 672. 1 Lill. 209. Bargain and Sale of
Lands, paffes the Frechold, and likewite Reversions
and Remainders, without Livery and Seifin. 8 Rep.
93. But a Bargain and Sale of Lands for Money,
may not be made to one Man, to the Ufe of an
other, but only to the Bargainee. A Man bargains
and fells his Land for Money by Deed inrolled to
another, to hold to the Bargainee in Fce, to the
Ufe of the Bargainor for Life, &c. or to the Ufe of
any other, this Limitation of the Ufes is void, and
Barbican, (Barbicanum) A Watch-Tower, or Bul-
wark. Mandatum eft Johanni de Kilmynton Cuftodi
Caftri Regis & Honoris de Pickering, quoddam Barbi-
canum ante portam Caftri Regis predicti muro lapideo,
& in eodem Barbicano quandam Portam cum ponte ver-it fhall be to the Ufe of the Bargainec in Fee, be-
fatili, &c. de novo facere, &c. T. Rege 10 Aug. Clauf.
17 Ed. 2. m. 39.
Barbicangge, (Barbicanagium) Money given for
the Maintenance of a Barbican, or Watch-Tower;
or a Tribute towards the Repairing or Building
Bulwark. Carta 17 Ed. 3. Monafticon Tom. I. p. 976.
Barca, A Barque: Navis mercatorum & qua mer-
ces exportat. Gloff. Sax. Ælfrici, a Flotſhip.
Barcaríum, (Barcaria) A Sheep-cote, and fome
times uſed for a Sheep-walk. MS. de Placit. Ed. 3.
See Bercaria.
caufe the Confideration and Sale implies the Uſe to
be to him only. Benk. Rep. 61. There must be a
good Confideration given, or at leaſt ſaid to be
given for Lands in thefe Deeds; and for a compe-
arent Sum of Money, is a good Confideration; but
not the general Words for divers Confiderations,
&c. Mod. Ca. 777. Where Money is mentioned to
be paid in a Bargain and Sale, and in Truth no Mo-
ney is paid, fome of our Books tell us this may be
a good Bargain and Sale; becaufe no Averment will
lie against that which is exprefly affirmed by the
Deed, except it comes to be queftioned whether
fraudulent or no, upon the Statute against fraudu
lent Deeds. Dyer 90. If no Confideration of Mos
Bargain and Sale, Is an Inftrument whereby
the Property of Lands and Tenements is for valu-
able Confideration granted and transferred from
one Perſon to another: It is called a Real Conney is expreffed in a Deed of Bargain and Sale, it
tract upon a valuable Confideration, for paffing of may be fupplied by an Averment that it was made
Lands, Tenements and Hereditaments, by Deed in: for Money: And after a Verdict on a Trial, it shall
dented and inrolled. 2 Inft. 612. Accomp. Conv. 1 Vol. be intended that Evidence was given at the Trial
62. And it is alfo where a Recompence is given of Money paid. 1 Ventr. 108. If Lands are bargained
by both the Parties to the Bargain; as if one bar and fold for Money only, the Deed is to be inrolled
gains and fells his Land to another for Money; here according to the Statute; but if it be in Confidera-
the Land is a Recompence to him for the Money, tion of Money, and natural Affection, &c. the E-
and the Money a Recompence to the other for the ftare will pafs without it. 2 Inft. 672. 1 Lev. 56. All
Land. 1 Lill. Abr. 206. Bargains and Sales of Lands Things, for the most part, that are grantable by
are to be in Writing indented, and inrolled in one Deed in any other Way, are grantable by Bargain
of the Courts at Westminster, or in the County where and Sale; and Lands, Rents, Advowfons, Tithes,
the Lands lie, before the Cuftos Rotulorum, Juftices &c. may be granted by it, in Fee fimple, Fee-tail,
of the Peace, &c. And the Inrolment fhall be for Life, &c. Rep. 176. 11 Rep. 25. But if Tenant
made within Six Months after the Date of the for Life bargains and fells his Land by Deed inrolled,
Deeds. Stat. 27 H. 8. cap. 16. But this Statute ex-ir will be a Forfeiture of his Eftate. 4 Leon. 251.
tends to Bargains and Sales of Inheritance and Free A Bargain and Sale of the Profits of Land, is a Bar-
hold only; and not to Bargains and Sales for Terms gain and Sale of the Land it felf; for the Profits
of Years, c. for they are good tho' not inrolled, and the Lands are the fame Thing in Subſtance.
nor by Deed indented. 2 Rep. 36. Houſes and Lands Dyer 71. One bargains and fells all his Woods, and
in London, and any City, c. are exempted out of Underwoods, that have been accuftomably used to
the Statute of Inrolments. 2 Inft. 676. i Nelf. Abr. be felled, growing and being in the Manor of D. to
342. If two Bargains and Sales are made of the hold for Life; it was held, that the Vendee fhall
fame Land to two feveral Perfons, and the laft cut but once by this, and not again. Bro. Abr. 55.
Deed is first inrolled; if afterwards the firft Deed If the Deed of Bargain and Sale be not inrolled
is alfo inrolled within fix Months, the firft Buyer within the Six Months (which are to be reckoned
fhall have the Land; for when the Deed is inrolled, after Twenty-eight Days to the Month, the Day of
the Bargaince is feifed of the Land from the Deli-the Date taken exclufive) it is of no Force; fo that
very of the Deed, and the Inrolment fhall relate if a Man bargains and fells his Land to me, and
to it. Hob. 165. Wood's Inft. 259. Neither the Death the Trees upon it, altho' the Trees might be fold
of the Bargainor or Bargainee, before the Inrol- by Deed without Inrolment, yet in this Cafe if the
ment of the Deed of Bargain and Sale, will hinder Deed be not inrolled, it will be good neither for the
the Paffing of the Eftate to the Bargaince: But the Trees nor the Land. Dyer 90. 7 Rep. 40. 2 Bulft: 8.
Eftate of Freehold is in the Bargainor, until the A Bargain and Sale of a Manor to which an Advow-
Deed is inrolled; fo that the Bargainee cannot fon is appendant by Indenture not inrolled, will
bring any Action of Trefpafs before Entry had; not pafs the Advowfon or the Manor, for it was to
though 'tis faid he may furrender, affign, &c.go as appendant. Bro. Caf. 240. And if two Join-
2 Cro. 52. 1 Inft. 147. A Bargainee fhall have Rent tenants are of Land, and one of them bargains and
which incurs after the Bargain and Sale, and before fells it all by fuch a Deed indented, and then the
the Inrollment. Sid. 310. Upon the Inrollment of
the Deed, the Eftate fettles ab initio, by the Stat.
27 H. 8. And the Statute of Inrollment fays, that
it fhall not veft, except the Deed be inrolled; and
when it is inrolled, the Eftate vefts preſently, by
other Jointenant dieth, and the Deed is inrolled;
here but a Moiety of the Land fhall pass by this
Deed. 2 Cro. 53. A. bargains his Lands to B. and his
Heirs, by Indenture inrolled, but before the Inrol
ment B. bargains and fells all his Eftate to C. and
X
the
1
BA
BA
the Deed was after inrolled; adjudged, that nothing!
did paſs by the Deed from B. to C. 2 Cro. 52. But
in foine Cafes, where a Deed will not enure by
Way of Bargain and Sale, by Reafon of fome De-
fe&t therein, it may be good to another Purpoſe.
Dyer 90. The very Words Bargain and Sell are not
of abfolute Neceffity in this Deed, for other Words
equivalent will fuffice; as if a Man feifed of Land
in Fee by the Words Alien or Grant, fell the fame
to another, the Deed being made in Confideration
of Money, and indented and inrolled, will be an
effectual Bargain and Sale. 9 Rep. 94. 7 Rep. 40.
And the Words Demife and Grant, in Confideration
of Money paid, amount to a Bargain and Sale. War-
ranty and Covenants may be inferted in a Bargain
and Sale; but the Deed is good without any fuch
Addition. In pleading thefe Deeds, the Deed it-
felf must be fewn under Seal. 1 Inft. 225. And it
must be fet forth that the Inrolment was within Six
Months, or fecundum formam Statuti, &c.
T
Form of a Bargain and Sale of Lands.
There is a Bargain and Sale of Goods, for which
vide Contract; &c.
Barkary, (Barkavia, corticulus). A Tan houſe or
Place to keep Bark in for the Ufe of Tanners. New
Book Ent. Tit. Afife, Corp. Polit. 2.
-
Baron, (Baro) Is a French Word, and hath divers
Significations here in England. Firft it is taken for
a Degree of Nobility next to a Vifcount. Bracton,
lib. 1. cap. 8. fays, they are called Barones, quafi robur
Belli. In which Signification it agrees with other
Nations, where Baronia are as much as Provincia:
So that Barons are fuch as have the Government of
Provinces, as their Fee holden of the King; fome
having greater, and others lefs Authority within
their Territories. It is probable, that formerly in
this Kingdom, all thofe were called Barons that had
fuch Seigniories as we now call Courts-Baron; as
they are at this Day called Seigneurs in France, who
have any Manor or Lordship: And foon after the
Conqueft, all fuch came to Parliament, and fat as
Peers in the Lords Houfe. But when by Experience
it appeared that the Parliament was too much
HIS Indenture made the Day and Year, &c. thronged by thefe Barons, who were very nume-
Between A. B. of, &c. of the one Part, and rous, it was in the Reign of King John ordained
C. D. of, &c. of the other Part, Witneffeth, That the that none but the Barones Majores fhould come to
Said A. B. for and in Confideration of the Sum of, &c. Parliament, who for their extraordinary Wifdom,
to him in Hand paid by the faid C. D. the Receipt whereof Intereft, or Quality, fhould be fummoned by Writ.
the faid A. B. doth hereby a knowledge, He the faid A. B. After this, Men obferving the Estate of Nobility
Hath granted, bargained and fold, alicned and confirmed, to be but cafual, and depending merely upon the
and by thefe Prefents doth grant, bargain and fell, alier King's Will, they obtained of the King Letters Pa-
and confirm unto the faid C. D. his Heirs and Aſſigns for tent of this Dignity to them and their Heirs Male,
ever, All that Meffuage or Tenement; fituate, &c. and who were called Barons by Letters Patent, or by Crea-
alfo all Lands, Trees, Woods, Underavoods, Tithes, Com-tion, whofe Pofterity are now by Inheritance thofe
mons, Common of Pasture, Profits, Commodities, Advan- Barons that are called Lords of the Parliament; of
tages, Hereditaments, Ways, Waters, and Appurtenances which Kind the King may create at his Pleaſure.
whatſoever to the faid Meſſuage or Tenement, Lands Nevertheless there are ſtill Barons by Writ, as well
and Tenements abovementioned, belonging or any wife apas Barons by Letters Patent: And thofe Barons who
pertaining; And also the Reversion and Reverfions, Re- were firft by Writ, may now justly alſo be called Barons
mainder and Remainders, Rents and Services of the faid by Preſcription, for that they and their Anceſtors
Premiffes, and of every Part thereof; And all the E-have continued Barons beyond the Memory of Man.
ftate, Right, Title, Intereft, Claim and Demand what- The Calling up by Writ is at this Day feldom
foever of him the faid A. B. of, in and to the faid Mef-practifed unless it be to fummon the Son of fome
Suage, Tenement, and Premiffes, and every Part thereof; Lord to Parliament, in the Life-time of his An-
To have and to hold the faid Meſſuage or Tenement, ccftor; for Creation by Letters Patent is almoſt al-
and all and fingular the faid Premiffes above-mentioned, together in Ufe. 2 Inft. 48. The Original of Barons
and every Part and Parcel thereof, with the Appurtenances by Writ, Camden refers to King Hen. 3. and Barons
unto the faid C. D. his Heirs and Afſigns, to the only proper by Letters Patent, or Creation, commenced 11 R. 2.
Ufe and Behoof of the faid C. D. his Heirs and Affigns Camb. Brit. pag. 109. To thefe are added a third
for ever: And the faid A. B. for him and his Heirs, the Kind of Baren, called Barons by Tenure, which are
Said Meffuage or Tenement, and Premiffes, and every fome of our ancient Barons; and likewife the Bi-
Part thereof against him and his Heirs, and against all fhops, who by Virtue of Baronies annexed to their
and every other Perfon and Perfons whatsoever, to the faid Bishopricks, always had Place in the Lord's Houfe
C. D. his Heirs and Aſſigns, ſhall and will warrant, and
for ever defend by thefe Prefents. In Witness, &c.
I'
The Manner of Inrolling a Bargain and Sale.
of Parliament, as Barons by Succeffion. Seager of
Honour, lib. 4. cap. 13. There are allo Barons by Of
fice; as the Barcns of the Exchequer, Barons of the
Cinque Ports, &c. of which you may read under
their proper Heads. In ancient Records, the Word
T is to be remembered, That the Day, &c. thither Baron included all the Nobility of England, because
in the fame Term before the Lord the King at Weft-regularly all Noblemen were Barons, though they
minſter, came A. B. of, &c. in the County of M. Gen-had a higher Dignity; and therefore the Charter
tleman in his proper Perfon, and brought here into the of King Ed. 1. which is an Expofition of what re-
Court of the faid Lord the now King, before the King him-lates to Barons in Magna Charta, concludes Teftibus
ſelf at Westminster, a certain Indenture, which he hath Arhiepifcopis, Epifcopis, Baronibus, &c. And the Great
acknowledged to be his Deed: And he defired that that In- Council of the Nobility, when they confifted of,
denture in the Court of the Lord the now King before the befides Earls and Barons, Dukes, Marqueffes, &..
faid Lord the King at Weſtminſter, might be of Record were all comprehended under the Name De la Coun-
inrolled: And it is inrolled in Form following, that is to cell de Baronage. Glanv. cap. 4. Theſe Barons have
Say, This Indenture made, &c. (And ſo inrol it ver-given them two Enfigns to remind them of their
batim.)
Afterwards is indorfed on the Back of the Deed,
Inrolled in the Court of the Lord the King, before
the King himself at Westminster, of the Term of the
Holy Trinity, &c. in the Sixth Year of the Reign of
the Lord George the Second now King of Great Bri-
cain, &c.
Roll-
4
Duties; firft a long Robe of Scarlet, in Refpe&
whereof they are accounted De Magno Concilio Regis;
and fecondly, they are girt with a Sword, that they
fhould ever be ready to defend their King and
A Baron is Vir Notabilis & Prin-
Country. 2-Inft. 5.
cipalis: And the Chief Burgeffes of London were in
former Times Barons, before there was a Lord
Mayor, as appears by the City Seal, and their an-
cient Charters- Henricus 3. Rex. Sciatis nos cor:-
ceffiffe
•
BA
BA
ceffiffe & bac præfenti Charta noftra confirmaffe Baronibus | band must do it. F. N. B. 188. Every Gift, Grant,
noftris de Civitate noftra London quod Eligant fibi Mayor
de feipfis fingulis annis, &c. Spelm. Gloff. The Earl
Palatines and Marches of England, had anciently
their Barons under them; but no Barons but those as
held immediately of the King, were Peers of the
Realm. 'Tis certain the King's Tenants were called
Barons; as we may find in Mat. Parif. and other
Writers: And in Days of old, all Men were filed
Barons; but this, I take it, was only a Term in the
Law, not a Title of Nobility.
-
or Difpofition of Goods, Lands, or other Thing
whatfoever, and all Obligations and Feoffments made
by a Feme Covert, without her Husband's Confent,
are void H. 5. 126. Fitz. Covert, 18. Where a
1
Statute or Obligation is made to a Baron and Feme,
or to her during Coverture; the Husband only can
make a Defeazance of it, and conclude the Wife.
1 Inft 351. In Cafe Money be due to the Husband
by Bill or Bond, or for Rent on a Leafe, and it is
paid to the Wife; this fhall not prejudice him, if
Barony, (Baronia) Is that Honour and Territory after Payment he publickly difagrees to it. 19 Fac.
which gives Title to a Baron; comprehending not 1. B. R. 2 Shep. Abr. 426. A Wife is fub Poteftater
only the Fees and Lands of Temporal Barons, but viri, and therefore her Ads fhall not bind her,:
of Biſhops alfo who have two Eftates; one as they unless the levy a Fine, &c. when he is examined
are fpiritual Perfons, by Reafon of their ſpiritual in Private whether the doth it freely or by
Revenues and Promotions; the other grew from the Compulfion of the Husband: If Baron and Feme le-
Bounty of our English Kings, whereby they have vy a Fine, this will bar the Feme: And where the
Baronies and Lands added to their fpiritual Livings Feme is examined by Writ, fhe fhall be bound;
and Preferments. The Baronies belonging to Bishops elfe not. I Danv. Abr. 708. Therefore where Ba-
are by fome called Regalia, becauſe ex fola liberaliron and Feme acknowledge a Deed to be inrolled,
tate Regum eis olim conceffa & à Regibus in feudum te-
nentur. Blount. Barony, Bracton fays, (lib. 2. cap.
34.) is a Right indivifible; and therefore, if an In
heritance be to be divided among Coparceners, tho'
fome capital Meffuages may be divided, yet fi capi-
tale Meſſuagium fit Caput Comitatus vel caput Baronie,
they may not be parcelled. In fome Cafes a Barony
may be aliened, or entailed, and the Honour pafs
accordingly. In antient Times thirteen Knights-
Fees and a Quarter made a Tenure per Baroniam,
which amounted to 400 Marks per Annum.
7
Baronet, (Baronettus) Is a Dignity or Degree of
Honour, which hath Precedency before all Knights,
as Knights of the Bath, Knights-Bachelors, Sc.
except Bannerets, made Sub vexillis Regiis in exercitu
Regali in aperto Bello, & ipfo Rege perfonaliter pre-
fente. This Order of Baronets was inftituted by
King James 1 in the Year 1611. with fuch Prece-
dency as aforefaid, and other Privileges, &c. Their
Number at first was but two Hundred; but now
they are without Limitation: They are created by
Patent, with an Habendum fibi & Heredibus mafculis,
&c. And their Dignity, on its firft Inftitution, was
a Kind of purchafed Honour, by Men of great E-
tates qualified for Titles.
:
or
Statute, &c. this will not bind the Feme, becauſe
fhe is not examined by Writ. A Wife is difabled
to make Contracts, &c. 3 Inft. 110. And if a Mar-
ried Woman enters into Bond as Feme fole, if the is
fued as Feme fole, the may plead Non eft factum, and
the Coverture will avoid her Bond. 1 Lill. Abr. 217.
A Feme Covert may plead Non Affumpfit, and give
Coverture in Evidence, which makes it no Promife,
&c. Raym. 395. By Marriage the Husband hath
Power over his Wife's Perfon; and he may correct
his Wife. Dalt. 284. But if he threaten to kill
her, &c. fhe may make him find Surety of the
Peace. F. N. B. So. He hath likewife Power over
the Wife's Eftate; and if the have Fee, he gaineth
a Freehold in her Right; he also gaineth her Chat-
tels Real, as Terms for Years, &c. and all Chat-
tels Perfonal, in Poffeffion of the Wife, are the
Husband's: But where the Wife is out of Poffef-
fion, or is poffeffed only as Executrix, or the Chat-
tels are Debts and Things in Action, if they are not
recovered by him and his Wife, the Husband fhall
not have them. 1 Inft. 299, 351. Though Money
charged on Lands, is not in Naturé of a Chofe in
Action, but of Rent, and is given to the Husband by
the Intermarriage. 1 Chan. Rep. 189. If Lands be
Baron and feme, Are Husband and Wife, by given to a Man, and fuch a Woman who fhall be his
our Law; and they are adjudged but one Perfon, Wife, the Man fhall have the Whole But if a
Bracton faith, Vir & Uxor funt quafi unica perfona, Feoffment be made to the Ufe of the Feoffee, and
quia caro una & fanguis unus. Bract. lib. 5. fol. 416. his Wife that ſhall be, the Wife he afterwards mar-
A Wife cannot be a Witnefs againſt or for her Hus-ries fhall take jointly with him. I Rep. 101. If Ba-
band, nor be againft or for her, (except in Cafe ofron and Feme are Jointenants for Years, the Baron
High Treafon) becauſe they are dua anima in una may difpofe of the Whole: And if the Baron hath
Carne. Nelf, Abr. 349. At Common Law a Man a Term in the Right of his Feme, he may grant
could neither in Poffeffion, Reverfion or Remain-over the Whole. 1 Danv. 702. But he cannot dif-
der, limit an Estate to his Wife; but by Stat. 27
H. 8. A Man may covenant with other Perſons to
ſtand feiſed to the Ufe of his Wife; or may make
any other Conveyance to her Ufe; but he may not
covenant with his Wife to ftand feiſed to her Ufe,
for they are one Perfon in Law. A Man may devife
Lands by Will to his Wife, because the Deviſe doth
not take Effect till after his.. Death. Co. Liti. 112.
Agreements between Baron and Feme before Marri-vives him, it will not bind her; for the fhall hold
age, are by the Marriage generally extinguished:
But if a Perfon, in Confideration of Marriage, pro-
miſe to leave his Wife worth fo much at his Death,
this being no Duty in the Life time of the Husband,
is not extinguished by the Marriage. Cro. Fac. 571,
623. A Wife cannot devife Lands to her Husband:
For a Feme Covert cannot make a Will, as fhe is fo
entirely under the Power of her Husband, that what
The doth cannot be called her Will. Nelf. Abr. 347.
The Will of the Wife is fubject to that of the Huf-
band; fo that if they commit a Felony together,
fhe fhall be neither Principal nor Acceffary: And
if a Wife doth Damage to another, the can make
no Satisfaction during the Coverture, but the Huf-
•
poſe of it by Will, if he doth not furvive her.
i Inft. 46, 184. And as the Husband furviving the
Wife fhall enjoy her Term, against her Executors;
So if the Wife furvive her Husband, the fhall have
her Term for Years, or other Chattels Real again,
if the Husband hath not altered the Property.
1 Inft. 351. And if the Husband charges the Chai-
tel Real of his Wife with a Rent, &c. if the fur-
it difcharged, as he comes in Paramount the
Charge. A Husband poffeffed of a Term in his
Wife's Right, may make a Leafe for Years of 'the
Land, rendring Rent to his Executors or Affigns, to
commence after his Death, 1 Nelf. Abr. 344. But if a
Leafe be conveyed by a Feme fole, in Truft for the Uſe
of herself, if the afterwards roarries, it cannot be
difpofed of by the Husband: If fhe dies, he shall not
have it, but the Executors of the Wife. March 44. See
2 Vern. 270. A Legacy is given to a Feme ſole to be
paid prefently, or at a Day to come, if the marry
and die, before any Relcafe or Difpofal thereof by
her Husband
her Husband; in that Cafe, her Executor or admi-
niftrator, it has been held, ſhall have it: And if a
Promife,
BA
BA
1
•
:
Promiſe, or Bond be to a Feme, or the Baron and
Feme, and the Husband dies before he recovers, or
releaſes the fame, the Wife, and not his Executors
fhall be entitled to it. F. N. B. 121. 7 Hen. 6. 2.
Mich. 17 Fac. I. A Man and his Wife covenanted
by Indenture, but the Wife did not feal it; and
it was held, that if the Baron ſealed and delivered
it in the Name of the Feme, it would be the Deed
of the Wife, during the Life of the Husband
But if Land is given to Husband and Wife, and
the Heirs of their two Bodies, and the Husband
alone fuffer a common Recovery; this will not
bind the Eſtate Tail, although the Husband furvive
his Wife. 1 Cro. 769. 3 Rep. 5, 34. The Wife fhall
be received to defend her Right, on the Default
of the Husband, and he cannot prejudice his Wife,
as to her Freehold and Inheritance. Fenk. Cent.
79. A Husband cannot alien the Wife's Lands
but by Fine wherein the joins; if he doth, fhe
may recover them after his Debt by Cui in vita.
And by Stature, where a Husband makes Leafes of
his Wife's Lands, for twenty-one Years, &c. fhe is
to be made a Party, and the Rent referved to Huf
band and Wife, and the Heirs of the Wife, &c.
This is of Leafes of Lands of the Wife's Inheritance.
Stat. 32 H. S. cap. 28. If a Feme having a Rent for
Life takes Husband, the Baron hall have Action of
Debt for the Rent incurred during the Coverture,
after the Death of the Feme. 1 Danv. 719. And Ar-
rears due in the Life-time of the Husband, after his
Death, thall furvive to the Wife, if the outlives
him, and her Adminiftrators after her Death.
2 Lut. 1151.
A Feme Leffec for. Life, rendring
Rent, takes Husband and dies, the Baron fhall be
charged in Action of Debt for the Rent which was
grown due during the Coverture, because he took
the Profits out of which the Rent ought to iffue.
Keilw. 125. Raym. 6. But if fuch a Feme Leffee
takes Baron and dies, 'tis ſaid the Baron fhall not be
charged for Wafte during the Coverture; for he
was never Leffee. I Danv. 718. If a Leafe is
made to Baron and Feme, and the Husband dies,
and the Wife accepts of the Land, tho' fhe may
be obliged to pay the Rent, or to perform a Condi-
tion on the Part of the Leffor; yet fhe is not bound
to perform Collateral Covenants, as to do no Waſte,
or to repair Houses, &c. 1 Brownl. 31. The Baron
may have an Action alone upon the Stat. 5 R. 2. for
Entering into the Land of the Feme; Trefpafs and ta-
king Charters of the Inheritance of the Feme; Quare
Impedit, &c. But for Perfonal Torts, they muft
join, though the Baron is to have the Damages.
1 Danv. 709. I Roll. Rep. 360. The Husband is to
join in Actions for Battery to the Wife: And a
Wife may not bring any Action for Wrong to her,
without her Husband; though when they join in
any Action, Damage is to be laid only to the Huf-
band. 1 Inft. 326, 132. For an Injury done to the
Wife alone, Action cannot be maintained by the
Husband alone, without her; but for Affault and
Debauching or Lying with the Wife, or for a Lofs
and Injury done to the Husband in depriving him
of the Converfation and Service of his Wife, he a-
lone may bring an Action; and theſe laft Actions
are laid for Affault, and detaining the Wife, Per
quod Confortium amifit, &c. 2 Cro. 538. For taking
any Thing from the Wife, the Husband only is to
bring the Action, who has the Property; for the
Wife hath not the Property. In all Cafes where
the Feme fhall not have the Thing recovered but
the Husband only, he alone is to bring the Action.
1 Roll. Rep. 360. For a Perfonal Duty to the Wife,
the Baron only may bring the Action: And the
Husband is entitled to the Fruits of his Wife's
Labour, for which he may bring Quantum Meruit.
1 Lill. Abr. 217. 1 Salk 114. Baron and Feme ought
to join in Actions for Debt due to the Feme before
Coverture: And where an Action will furvive to
+
the Wife, and fhe may recover Damages, fhe mult
join with the Husband in the A&tion. 2 Mod. 269.
By the Cuftom of London, a Feme Covert trading
there, may fue and be fucd as a Feme fole Mer-
chant. 2 Inft. 236. And if an Husband is an Alien
Enemy, the Wife may be charged as a Feme Sole.
1 Salk. 116. In Cafe, before Marriage a Feme
enters into Articles concerning her Eftate, fhe
is as a feparate Perfon; and the Husband may
be Plaintiff in Equity against the Wifc. Preced.
Canc. 24. A Man muft anfwer for the Tref
paffes of his Wife: If a Feme Covert flander any
Perfon, &c. the Husband and Wife must be fued
for it, and Execution is to be awarded againſt him.
11 Rep. 62. But where a Feme Covert commits a Tref
pafs Vi & Armis, and Action is brought againſt Ba-
von and Feme, if the Jury find the Wife guilty, and
the Husband not; here the Wife fhall be impriſoned,
until the Husband pays the Fine. Fenk. Cent. 23.
If Husband and Wife commit Treafon or Murder,
they fhall be both found guilty; and the Wife not
be difcharged, on Prefumption it was by Coercion.
of the Husband. 1 Hale's Hift. P. C. 47.
And a
Wife for her own Crimes, may be indicted with-
out her Husband; and fhe may fue and be fued
without her Husband, in the Spiritual Court.
9 Rep. 72. 2 Roll. Abr. 298. A Feme fole indebted
takes Husband; it is then the Debt of the Husband
and Wife, and both are to be fued for it; but the
Husband is not liable after the Death of the Wife,
unless there be a Judgment against both during the
Coverture. I Roll. Abr. 351. Where there is Judg-
ment against a Feme fole, who marries and dies, the
Baron fhall not be charged therewith: Though if the
Judgment be had upon Scire facias againſt Baron and
Feme, and then the Feme dies, he fhall be charged.
3 Mod. 186. In Action brought against a Feme fole,
if pending the Action fhe marries, this ſhall not a-
bate the Action; but the Plaintiff may proceed to
Judgment and Execution against her, according as
the A&tion was commenced. 1 Lill. 217. Trin. 12
W. 3. And if a Habeas Corpus be brought to remove
the Caufe, the Plaintiff is to move for a Procedendo
on the Return of the Habeas Corpus: Alfo the Court
of B. R. may refufe it, where brought to abate a
juft Action. I Salk. 8. But if a Feme fole gives a
Warrant of Attorney to confefs Judgment, and be-
fore entered the marries, it is a Countermand of
the Warrant, and Judgment fhall not be had againſt
Husband and Wife, to charge him.
I Salk. 399.
When Baron and Feme are fued, the Husband muſt
make an Attorney for himſelf and his Wife. 2 Saund.
If a Wife be arreſted, the fhall be diſcharged on
Common Bail, let the Cauſe of Action be what it
will: But if Baron and Feme be arreſted, the Huf-
band fhall not be diſcharged, unless he give Bail
for his Wife as well as himself. Mod. Caf. 17. Both
Husband and Wife, 'tis faid, may be taken in Exe-
cution. 1 Nelf. Abr. 365. Though if it be a Con-
trivance to charge the Wife, fhe ſhall be diſcharged
upon Motion. 1 Lev. 51. The Baron in an Account
fhall not be charged by the Receipt of his Wife,
except it came to his Ufc. I Dani. 707. Yet
if the ufually receives and pays Money, it will
bind him in Equity. Abr. Caf. Eq. 61. For Goods
fold to a Wife, to the Ufe of the Husband, the
Husband fhall be charged, and be obliged to pay
for the fame. Sid. 425. If a Woman buys Things
for her neceffary Apparel, tho' without the Confent
of the Husband, yet her Husband fhall be bound to
pay for it. Brownl. 47. And if the Wife buys any
Thing for herſelf, Children, or Family, and the
Baron does any A&t precedent or fubfequent whereby
he fhews his Confent, he may be charged thereupon.
1 Sid. 120. The Husband is obliged to maintain his
Wife in Neceffaries: But they must be according
to his Degree and Eftate, to charge the Husband;
and Neceffaries may be fuitable to a Husband's De-
1
5
gree
1
1
BA
BA
gree of Quality, but not to his Eftate; alfo they | Perfonal, as Debt, Account, &c. a Bar is perpetual,
may be Neceffaries, but not ex Neceffitate to charge and in fuch Cafe the Party hath no Remedy, but
her Husband. i Mod. 129. 1 Nelf. Abr. 354. Tho' by Writ of Error or Attaint; but if a Man is barred
a Wife is very lewd, if the cohabits with her Huf-in a Real Action by Judgment, yet he may have an
band, he is chargeable for all Neceffaries for her, Action of as high a Nature, becauſe it concerns his
becauſe he took her for better for worse; and fo he Inheritance; as for Inftance, if he is barred in a For-
is if he runs away from her, or turns her away: medon in Defcender, yet he may have a Formedon
But if fhe goes away from her Husband, then as in the Remainder, c. 6 Rep. 7. It has been re-
foon as fuch Separation is notorious, whoever gives folved, That a Bar in any Action Real or Perfonal,
her Credit doth it at his Peril, and the Husband is by Judgment upon Demurrer, Verdi&t, or Confef
not liable, unleſs he take her again. 1 Salk. 119. fion, is a Bar to that Action, or any Action of like
Although a Husband be bound to pay his Wife's Nature for ever: But according to Peniberton Chief
Debts for her reaſonable Provifion, yet if fhe parts Juftice, this is to be understood, when it doth ap-
from him, especially by Reafon of any Misbeha-pear that the Evidence in one Action would main
viour, and he allows her a Maintenance, he fhall tain the other; for otherwife the Court ſhall intend
never after be charged with her Debts, 'till a new that the Party hath miſtaken his Action. Skin. 57,
Cohabitation: But if the Husband receive her, or 58: Bar to a common Intent is good: And if an
come after her, and lie with her but for a Night, Executor be fued for his Teftator's Debt, and he
that may make him liable to the Debts. Pafch. pleadeth that he had no Goods left in his Hands, at
3 Ann. Mod. Caf. 147, 171. And if there be an A- the Day the Writ was taken out againſt him, this is
greement in Writing between Husband and Wife to a good Bar to a common Intendment, 'till it is fhewn
live feparate, and that the fhall have a feparate that there are Goods: But if the Plaintiff can fhew
Maintenance, it shall bind them both 'till they both by Way of Replication that more Goods have fallen.
agree to cohabit again; and if the Wife is willing into his Hands fince that Time, then except the De-
to return to her Husband, fhe may, but it has been fendant alledge a better Bar, he fhall be condemned
adjudged that the Husband hath no coercive Power in the Action. Plowd. 26. Kitch. 215. Bro. Tit. Barre.
over the Wife to force her, though he may vifit her, There is a Bar Material, and Bar at Large: Bar
and uſe all lawful Means, in order to a Reconcilia- Material may be alfo called Special Bar; as when
tion. Mich. Geo. I. Mod. Caf. in L. & E. 22. one in Stay of the Plaintiff's Action, pleadeth fome
Where there is a Separation by Confent, and the particular Matter, viz, a Defcent from him that was
Wife hath a ſeparate Allowance, thofe who truft Owner of the Land, &c. a Feoffment made by the
her do it upon her own Credit. 1 Salk. 116. If a Ancestor of the Plaintiff, or the like: A Bar at
Husband makes his Wife an Allowance for Clothes, Large is, when the Defendant by Way of Excep-
c. which is conftantly paid her, 'tis faid he fhall tion, doth not traverse the Plaintiff's Title, by
not be charged. I Sid. 109. And if he forbids par- Pleading, nor confefs, or avoid it, but only makes
ticular Perfons to truft her, he will not be charge- to himſelf a Title in his Bar. Kitch. 68. 5 É. 7. 29.
able: But a Prohibition in general, by putting her This Word Bar is likewife ufed for the Place where
in the News-Papers, is no legal Notice not to truft Serjeants and Counsellors at Law ftand to plead the
her. i Vent. 42. A Wife may use the Goods of her Caufes in Court; and Prifoners are brought to an-
Husband, but ſhe may not difpofe of them: And fwer their Indictments, &c. whence our Lawyers,
if ſhe takes them away, it is not Felony, for fhe that are called to the Bar, are termed Barristers.
cannot by our Law fteal the Goods of her Husband; 24 H. 8. c. 24.
but if the delivers them to an Adulterer, and he re-
ceives them, it will be Felony in him. 3 Inft. 308.
310. If Baron and Feme are divorced Caufa Adulterii,
which is a Divorce a Menfa & Thoro, they continue
Baron and Feme: It is otherwife in Divorce a Vinculo
Matrimonii, which diffolves the Marriage. A Man
within the Age of Fourteen (his Age of Confent to
marry) takes a Woman to Wife, they are Baron and
Feme, to that he may have Trefpafs de muliere ab-
ducta cum bonis viri, &c.
1
|
Barrafter, Barrister, (Barrafterius) Is a Counſel-
lor learned in the Law, admitted to plead at the
Bar, and there to take upon him the Protection and
Defence of Clients. They are termed Jurifconfulti;
and in other Countries called Licentiati in Fure: And
antiently Barristers at Law were called Apprentices
of the Law, in Lat. Apprenticii Juris Nobiliores. Fortesc.
The Time before they ought to be called to the Bar,
by the antient Orders, was eight Years, now re-
duced to feven; and the Exercifes done by them
Bar, or Barr, (Lat. Barra, and in Fr. Barre) (if they were not called Ex gratia) were twelve
In a legal Senfe is a Plea or peremptory Exception Grand Moots performed in the Inns of Chancery
of a Defendant fufficient to deftroy the Plaintiff's in the Time of the Grand Readings, and twenty-
Action. And it is divided into Bar to common In- four Petty Moots in the Term-Times, before the
tendment, and Bar Special; Bar Temporary, and Readers of the refpective Inns: And a Barrafter
Perpetual: Bar to a common Intendment is an Or- newly called is to attend the fix next long Vacations
dinary or General Bar, which uſually difableth the the Exercife of the Houfe, viz. in Lent and Sum-
Declaration of the Plaintiff: Bar Special is that mer, and is thereupon for thoſe three Years ftiled a
which is more than ordinary, and falls out upon Vacation Barrister. Also they are called Utter Bar-
fome fpecial Circumftance of the Fact, as to the rifters, i. e. Pleaders Oufter the Bar, to diftinguiſh
Cafe in Hand. Terms de Ley 77. Bar Temporary is them from Benchers, or thofe that have been Read-
fuch a Bar that is good for the Prefent, but may afers, who are fometimes admitted to plead within
terwards fail: And Bar Perpetual is that which o-
verthrows the Action of the Plaintiff for ever.
Plowd. 26. But a Plea in Bar, not giving a full An-
fwer to all the Matter contained in the Plaintiff's
Declaration, is not good. 1 Lil. Abr. 211.
if
be barred by Plea to the Writ, or to the Action of
the Writ, he may have the fame Writ again, or
his right A&tion: But if the Plea in Bar be to the
Action itself, and the Plaintiff is barred by Judg-
ment, &c. it is a Bar for ever in perfonal Actions.
6 Rep. 7. And a Recovery in Deb is a good Bar
to Action on the Cafe for the fame Thing: Alſo a
Recovery on Affumpfit in Cafe, is a good Bar in
Debt, &c. Cro. Fac. 110. 4 Rep. 94.
4 Rep. 94. In all Actions
•
C.
the Bar, as the King, Queen, or Prince's Counſel
are. Barrifters who conftantly attend the King's
Bench, &c. are to have the Privilege of being fued
in Tranfitory Actions in the County of Middlefex.
one
But it hath been queftioned, whether an Action of
Debt doth lie for their Fees, unless it be upon fpe-
cial Retainer; for a Counſellor's Fee is Honorarium
quiddam, not Mercenarium, as that of an Attorney or
Solicitor. 2 Inft. 213, 214, &c. Wood's Inft. 448.
|
Barratoz, or Barreto, (Lat. Barracator, Fr.
Barrateur) A common Mover of Suits and Quarrels,
either in Courts, or elſewhere in the Country, that
is himfelf never quiet, but at Variance with one or
other. Lambert derives the Word Barretor from the
Y
Lar,
T
!
BA
Lat. Balatro, a vile Knave; but the proper Deriva- |
tion is from the Fr. Barrateur, i. e. a Deceiver, and
this agrees with the Defcription of a common Bar-
retor in my Lord. Coke's Reports, viz. That he is a
common Mover and Maintainer of Suits in Diftur-
bance of the Peace, and in taking and detaining
the Poffeffion of Houfes and Lands, or Goods by
falfe Inventions, &c. And therefore it was ad
judged, that the Indictment against him ought to be
in thefe Words, viz. That he is Communis Male-
fallor, calumniator & feminator litium & Difcordiarum
inter vicinos fuos, & pacis Regis perturbator, &c. And
there it is faid that a common Barreter is the moft
dangerous Oppreffor in the Law; for he oppreffeth
the Innocent by Colour of Law, which was made
to protect them from Oppreffion. 8 Rep. 37. No one
cau be a Barretor in refpe&t of one Act only; for
every Indictment for fuch Crime muft charge the
Defendant with being Communis Barractator, and con-
clude Contra Pacem, &c. And it hath been holden,
that a Man fhall not be adjudged a Barretor for
bringing any Number of Suits in his own Right,
tho' they are vexatious; efpecially if there be any
Colour for them; for if they prove falfe, he fhall
pay the Defendant Cofts. 1 Rol. Abr. 355. 3 Mod. 98.
A Barrister at Law entertaining a Perfon in his
Houſe, and bringing feveral A&tions in his Name,
where nothing was due, was found guilty of Barre
try. 3 Mod. 97. An Attorney is in no Danger of be-
ing convicted of Barretry, in Refpe&t of his main-
taining another in a groundleſs Action, to the Com-
mencing whereof he was no Way privy. Ibid.
A common Solicitor who folicits Suits, is a common
Barretor, and may be indicted thereof, becauſe it
is no Profeffion in Law. I Danu. Abr. 725.
retors are puniſhed by Fine and Imprifonment,
bound to the good Behaviour, &c. And belong-
ing to the Profeffion of the Law, they ought to
further punished by Difability to practice.
34 Ed. 3. c. I. Hawk. P. C. 244.
be
An Indictment for Barretry.
T
BA
Towns, or Places of Defence on the Frontiers of
Kingdoms.
Barrow, (from the Sax. Boerg, a Heap of Earth)
A large Hillock or Mount, raiſed or caft up in many
Parts of England, which feem to have been a Mark
of the Roman Tumuli, or Sepulchres of the Dead.
The Sax. Beora, was commonly taken for a Grove
of Trees on the Top of a Hill. Kennet's Gloſſ.
Barter, (from the Fr. Baretre, Circumvenire) Sig-
nifieth in our Books to exchange one Commodity for
another, or truck Wares for Wares. Anno 1 R. 3.
c. 9. And the Reafon may be, becauſe they that
exchange in this Manner, do endeavour for the moſt
part one to over-reach and circumvent the other.
Barton, Is a Word ufed in Devonshire, for the
Demefne Lands of a Manor; fometimes for the
Manor-Houfe itself; and in fome Places for Out-
houſes, and Fold Yards. In the Stat. 23 Ed. 6.
C. 12. Barton Lands, and Demefne Lands, are uſed
as Synonyma's. See Bertan.
Bas Chevaliers, Low or inferior Knights by Te-
nure of a bare Military Fee, as diftinguiſhed from
Banerets the Chief or Superior Knights: Hence we
call our fimple Knights, viz. Knights-Bachelors,
Bas Chevaliers. Kennet's Gloff. to Paroch. Antiq.
Bale Court,(Fr. Cour Baffe) Is any inferior Court,
that is not of Record, as the Court-Baron, &c.
Kitch. fol. 95, 96.
Bale Estate, (Fr. Bas Eftat) Is that Eftate which
Bafe Tenants have in their Lands. And Bafe Te-
nants according to Lambert, are thofe who perform
villainous Services to their Lords; Kitchen fol. 41.
makes Bafe Tenure and Frank Tenure to be Con-
traries, and puts Copyholders in the Number of
Bar-Bafe Tenants; where it may be gathered that every
Bafe Tenant holds at the Will of the Lord: But
there is a Difference between a Baſe Eſtate and Vil-
lenage; for to hold in pure Villenage is to do all
that the Lord will command him; and if a Copy-
holder have but a Bafe Eftate, he not holding by the
Performance of every Commandment of his Lord,
cannot be faid to hold in Villenage: And Copy-
holders are by the Cuſtoms of Manors, and Con-
tinuance of Time grown out of that extreme Ser-
vitude wherein they were firft Created.
South'ton, ff. HE Furors for our Sovereign Lord
the King upon their Oath prefent, Bale Fee, is a Tenure in Fee at the will of the
that A. B. of, &c. in the faid County, Yeoman, on the Lord, diftinguifhed from Socage free Tenure: But
Day, &c. in the Year of the Reign, &c. at H. in the the Lord Coke fays, that Bafe Fee is what may be
faid County, was and yet is a Common Barretor, and defeated by Limitation, or on Entry, &c. Co. Lit.
continual Difturber of the Peace of our faid Lord the 1. 18. Baffa Tenura or Bafe Tenure, was a holding
King; and alfo on the Day and Year, and at the Place by Villenage, or other customary Service, oppoſed
above mentioned, was and fill is a common and trouble-to Alta Tenura, the higher Tenure in Capite, or by
fome Slanderer, Railer, and Sower of Difcord among his Military Service, &c.
Neighbours, and that he hath procured and caufed divers
Suits and Quarrels then and there and elsewhere in the
County aforesaid, amongst divers Subjects of our Lord the
King, to the great Contempt of our Sovereign Lord the
King, and the bad Example of other Offenders, and a-
gainst the Peace of our faid Lord the King, &c.
Barrel, (Barillum) Is a Meaſure of Wine, Ale,
Oil, &c. Of Wine it contains the eighth Part of a
Tun, the fourth Part of a Pipe, and the Moiety of
a Hogfhead, that is thirty-one Gallons and a Half.
1 R. 3. c. 13. Of Beer it contains thirty-fix Gal-
lons; and of Ale, thirty-two Gallons. Anno 23 H. 8.
c. 4. and 12 Car. 2. c. 23. It is declared that the
Affife of Herring- Barrels is thirty-two Gallons Wine
Meaſure, containing in every Barrel ufually a Thou-
fand full Herrings. Anno 13 El. c. 11. The Eel Bar-
rel contains thirty Gallons. 2 H. 6. c. 13.
Barriers, (Fr. Barrieres) Signifies that which the
French call Feu de Barres, i. e. Palaftra, a Martial
Exercife of Men armed and fighting together with
fhort Swords, within certain Bars or Rails, which
feparated them from the Spectators: It is now dif-
ufed here in England. There are likewife Barrier
2
Manerium de Cheping
Farendon cum pertinentiis eft de antiquo Dominico corona
Domini Regis, unde omnia prædicta tenementa funt parcel-
la, & de Baffa Tenura ejufdem manerii. Confuctud.
Domus de Farendon, MS. 44.
Bas Wille, The Suburbs or inferior Town, as
uſed in France.
Bafels, (Baffelli) A Kind of Coin abolished by
King Hen. 2. Anno 1158. Hollingshed's Chron. p. 67.
Bacelard, or Bafillard, In the Stat. 12 Rich. 2.
c. 6. Signifies a Weapon, which Mr. Speight in his
Expofition upon Chaucer, calls Pugionem vel ficam, a
Poinard; Arrepto Bafillardo transfixit, &c. Cum alio
Bafilardo penetravit latera ejus, &c. Knighton, lib. 5.
pag. 2731.
Bafileus, A Word mentioned in feveral of our
Hiftorians fignifying King, and feems peculiar to the
Kings, of England. Monafticon, Tom. 1. pag. 65. Ego
Edgar totius Anglia Bafileus Confirmavi
-In many
Places of the Monafticon this Word occurs; and alfo
in Ingulphus, Malmesbury, Mat. Paris, Hoveden, &c.
Basket-Tenure of Lands. See Caneftellus.
Bafnetum, A Bafnet, or Helmet. By Inqu. 22
Ed. 4. After the Death of Laurence de Haftings Earl
of Pembroke it was found thus- Quod quidem Ma-
nerium,
D
1
BA
BA
nerium, (i. e. de Afton Cantlore) per fe tenetur de Do- |
mino Rege in Capite, per fervitium inveniendi unum Ho-
minem peditem, cum Arcu fine chorda, cum uno Bafneto,
five Cappa, per xl. dies fumptibus fuis propriis quotiens fu-
erit guerra in Wallia.
Ballinet, A Skin with which the Soldiers covered
themſelves. Blount.
Woman continue Husband and Wife for all their
Lives, the Iffue cannot be a Baftard by Divorce af-
ter their Death. 1 Dano. Where a Woman, on
Divorce a Menfa & Thora, lives in Adultery with
another, her Children by fuch other are Bastards;
for Children born in Adultery, are born out of the
Limits of Matrimony. Though if Husband and
Wife confent to live feparate, the Children born
Bastard, (Baſtardus) From the Brit. Baftaerd, i. e.
Nothus or Spurius, is one that is born of any Wo-after fuch Separation fhall be taken to be Legiti-
man not married, fo that his Father is not known by
the Order of Law; and therefore is called Filius Po-
puli, the Child of the People:
Cui Pater eft Populus, Pater eft fibi nullus & omnis:
Cui Pater eft Populus, non habet ipfe Patrem.
-
mate, becauſe the Accefs of the Husband fhall be
prefumed; but if it be found there was no Acceſs,
then they are Bastards. 1 Salk. 122. If a Woman
hath a Child forty Weeks and eight Days after the
Death of her Husband, it fhall be Legitimate; the
Law having appointed no exact certain Time for
Birth of Legitimate Iffues. i Danv. 726.
2 Lill.
The learned Spelman derives the opprobrious Name Abr. 236. If a Man or Woman marry a fecond
of Bastard from the Norman Bas, and Saxon Steort, Wife or Husband, the firft being Living, and
Rife or Original; as a Perfon of a bafe and vile have Iffue by fuch fecond Wife or Husband, the
Birth: Such Baftard cannot inherit Land as Heir to Iffue is a Bastard. 39 Ed. 3. cap. 14, &c. Before
his Father; nor can any Perfon inherit Lands as the Statute 2 & 3 Ed. 6. c. 21. One was adjudged
Heir to him, but one that is Heir of his Body. Lit. a Baftard, Quia filius facerdotis. He that gets a Ba-
Sect. 401. A Baftard by the Common Law is made ftard in the Hundred of Middleton, in the County of
incapable of any Ecclefiaftical Benefice; for the Kent, forfeits all his Goods and Chattels to the
Sacraments ought not be committed to infamous Per- King. MS. de Temp. Ed. 3. By Statute, a Woman
fons: And it is the Law of Nature, that a Baftard with Child of a Baftard, must be firft examined by
who is born out of lawful Marriage, (unless there a Juftice of Peace, and the Fact of her being with
be fome particular Law to the contrary) has not Child proved by her Oath, and then the Juftice is
any Relation to his Father, who begot him, but to fend his Warrant for the reputed Father; when
fhall rely on his Mother, that bore him. Fortefcue the Party is brought before the Juftice, he muft en-
88, 89. Baftard is Terminus a quo, he is the first ter into a Recognizance with fufficient Sureties for
of his Family; for he hath no Relation of which his Appearance at the next Seffions, c. and he
our Law takes any Notice; yet this must be under- may be continued on the Recogninance 'till the
ſtood as to Civil Purpoſes, there being a Relation Woman is delivered of the Child: After the Child
as to Moral Purpofes; for he cannot marry his is born, two Juftices (Quorum unus) refiding nearest
own Mother, or Baftard Sifter. 3 Salk. 66, 67. If the Place, are to examine the Matter by Witneffes,
a Woman be with Child by a Man, who after-Sc. and make their Order for Relief of the Pariſh
wards marries her, and then the Child is born, from the Bastard: And if the two Juftices cannot a-
this Child is no Baftard: But if a Man hath If gree, they may refer it to the Seffions; alfo the
fue by a Woman before Marriage, and after they putative Father may appeal from the Order of the
marry, the Iffue is a Baftard by our Law; but Le-two Juftices; or may give Security to the Pariſh,
gitimate by the Civil Law. 2 Inft. 96, 97. If a Manc. Stat. 18 Eliz. c. 3. 3 Car. 1. The two next
marries a Woman grofly big with Child by an- Juftices of Peace (one being of the Quorum) may
other, and within three Days after the is delivered, make Orders for puniſhing the Mother and Father
in our Law the Iffue is no Baftard. I Danu. Abr. 729. of a Baftard Child: And by Order of the Juſtices,
And where a Child is born within a Day after Mar- the Church-wardens and Overfeers of the Poor
riage between Parties of full Age, if there be no may feize Goods, &c. of the Father and Mother to
apparent Impoffibility that the Husband fhould be diſcharge the Parish: And Juftices of the Peace
the Father of it, the Child is no Baftard, but fup- have Power to commit lewd Women having Ba-
pofed to be the Child of the Husband. 1 Rol. Abr. ftards to the House of Correction, for one Year, c.
358. But if the Husband be but eight or nine But Perfons able to keep them, are not within the
Years of Age, or if he be within the Age of four- Statute. It is adjudged Murder to conceal the
teen, the Iffue is a Baftard: So where a Husband is Death of a Bastard Child when born, unleſs there
Gelt, or hath loft his Genitals, c. which fhews an be Proof to the contrary that it was ftill-born.
Impoffibility to get a Child, the Iffue of his Wife tho' 18 Eliz. c. 3. 13 & 14 Car. 2. 7 & 21 Fac. 1. By
born within Marriage, is a Baftard. 1 Inft. 244. Ia late Satute, If a Woman declares herſelf to be
Danv. 278. By the Law of the Land, a Perfon with Child of a Baftard, and on Oath before a
cannot be a Baftard who is born after Elpoufals, un- Juftice charge any Perfon with getting it; he may
lefs it be by Special Matter. If a Woman elope grant his Warrant to apprehend the Perfon charged,
from her Husband, ſo as he be within the four Seas, and for bringing him before any Justice, &c.
her Iffue fhall not be a Baftard by our Law; though who may commit him to Gaol or the Houfe of
by the Spiritual Law he fhall: And if the Wife con- Correction, unless he give Security to indemnify
tinues in Adultery and hath Iffue, this is a Baftard the Parish, or enter into Recognizance with Sure-
in our Law. I Danv. 130. By the Common Law, if ties to appear at the next Quarter-Seffions, and
the Husband be infra quatuor maria, fo that by In- perform fuch Order as fhall be made, purſuant to
tendment he may converfe with his Wife, and the the Statute 18 Eliz. But in Cafe the Woman ſhall
Wife hath Iffuc, the Child will not be a Baftard: die, or be married, or mifcarry, &c. or if no Or-
But he is a Baftard who is born of a Woman when der is made in due Time, the Man fhall be dif
her Husband, at and from the Time of the Beget-charged: And no Juftice may fend for, or compel
ting to the Birth, is extra quatuor maria. 1 Inft. 244. any Woman before fhe is delivered, and one Month
2 Salk. 483. If a Woman hath Iffue, the Husband after, to anfwer Queftions, &c. Stat. 6 Geo. 2. c. 31.
being over Sea fo long before the Birth of the Iffue, If any one confpire to charge another to be the Fa-
which his Wife hath in his Abfence, that the Iffuether of a Baftard Child, he may be indicted and pu-
cannot be his, this is a Baftard. 1 Danv. 729. If the nifhed with publick Whipping, &c. It is only in
Husband be only over in Ireland, it is otherwife. the Power of the King and Parliament to make a
A Divorce caufa Præcontractus, caufa Affinitatis, caufa Baftard Legitimate. Dav, Rep. 37. Sec 13 Geo. 2
Frigiditatis, &c. baftardizes the Iffue; not for Caufec. 29.
2.
fubfequent to the Marriage: But if the Man and Bastardy, (Bastardia) Signifies a Defect of Birth,
objected
BA
BA
it belong'd. Anno 23 H. 8. c. 6. and 32 H. S. cap. 6.
It feems to mean, as if we fhould fay, litigious or
Debatable Ground, i. e. Land about which there is
Debate; and by that Name Skene calls Ground that
is in Controverfy. Camb. Britan. Tit. Cumberland.
C.
and be entertained and relieved in the Hofpital;
and when cured or difcharged, fuch Perfons fhall
be fupplied with 31. each, to defray the Expence
of removing them back to their Parishes, &c. Stat.
12 Geo. 2. c. 31.
Batitozia, A Fulling-Mill. "Tis mentioned in
the Monafticon, Tom. 2. pag. 832. Ufque ad ftagnum
Molendini ipfius Williclmi cum Batitoria agardino
fuo ubique, &c.
objected to one born out of Wedlock. Bract. lib. 5.
c. 19. And as to Pleading of Baftardy, fee Raftal's
Entr. The Stat. 9 H. 6. cap. 11. and Kitch. fol. 64.
mention Baftardy General and Special; the Difference
whereof is, that Baftardy General is a Certificate from
the Bishop of the Diocefe to the King's Juftices, Bath, (Lat. Bathon, called by the Britons Badiza)
after Inquiry made, that the Party enquired of is a Has been termed the City of Sickmen: It is a Place
Bastard, or not a Bastard, upon fome Queftion of of Refort in Somerfetfhire famous for its Medicinal
Inheritance: Baftardy Special is a Suit commenced Waters. The Chairmen are there to be licenſed by
in the King's Court, against him that calls another the Mayor and Aldermen, for carrying Perfons to
Bastard, fo termed, becauſe Baſtardy is the Princi- and from the hot Baths, &c. under the Penalty of
pal Cafe in Trial, and no Inheritance contended 1os. by Statute 7 Geo. I. cap. 19. And a publick
for. And by this it appears that in both thefe Sig- Hofpital or Infirmary for Poor is eſtabliſhed in the
nifications, Baftardy is an Examination or Trial, City of Bath, the Governors whereof, have Power
whether a Man's Birth be defective or legitimate. to hold all Charities, c. and appoint Phyficians,
Bastardy is of Ecclefiaftical Jurifdiction; but it muft Surgeons and other Officers: Any Perfons not able
be intended General Baftardy, as whether he that to have the Benefit of the Bath Waters, may be ad-
is charged with Baftardy were born in lawful Matri-mitted into this Hofpital, their Cafe being attefted
mony, and his Father and Mother were ever joined by fome Phyfician, and the Poverty of the Patients
in lawful Marriage, which is triable by the Bishop's certified by the Minister and Churchwardens of the
Certificate: Special Baftardy, as whether the Defen- Place where they live, &c. Every Perfon fo ad-
dant was born before Marriage, &c. where the Ma-mitted, fhall have the Ufe of the Old Hot-Bath,
trimony is confeffed; and where an Action is brought
for calling a Man Baftard, &c. is triable in the
Temporal Courts, by the Country. 1 Inft. 134.
1 Nelf. Abr. 367. Hob. 117. The Queftion of Ba
ftardy ought to be firft moved in the Temporal
Courts; and after Iffue joined thereupon, the fame
is tranfmitted by Writ to the Ecclefiaftical Court,
to be examined and certified. Dav. Rep. 52. But
the Judges fhall not award a Writ to the Ordinary
to certify whether a Perfon be a Baftard or not, till Battel, (Fr. Battaile) Signifies a Trial by Com-
Proclamation is iffued for all Perfons having Intereft bat, which was anciently allowed of in our Laws,
therein to make their Objections before the Ordi where the Defendant in Appeal of Murder or Fe-
nary against the Party; and any Certificate of the lony may fight with the Appellant, and make Proof
Ordinary concerning Baftardy without fuch Procla- thereby whether he be culpable or innocent of the
mation fhall be void. Stat. 9 H. 6. A Certificate by Crime. Glanv. Lib. 14. c. I. When an Appellee of Fe-
the Bishop duly made, the Law gives entire Credit lony wages Battel, he pleads that he is Not guilty, and
to And if a Man be certified a Bastard by the that he is ready to defend the fame by his Body,
Ordinary, he fhall be perpetually bound, becauſe it and then flings down his Glove; and if the Appel-
is the higheft Trial thereof. Doctor and Student 68. lant will join Battel, he replies, That he is ready to
But if a Perfon be certified to be a Baftard, this make good his Appeal by his Body upon the Body
doth not bind before Judgment in the Action be- of the Appellee, and takes up the Glove: And then
tween him and the other Party; neither doth it the Appellee lays his right Hand on the Book, and
bind if the Plaintiff be after nonfuited. 18 E. 3. 34. with his left Hand takes the Appellant by the
1 Dano. Abr. 733. A Bastard is a good Name of Right, and fwears thus: Hear this thou who callest
Purchaſe; for Baftards having gotten Names by Re-thyfelf John by the Name of Baptifm, that I who call
putation, may purchaſe by fuch Names to them and myself Thomas by the Name of Baptifm, did not felo-
their Heirs: And a Limitation to them when in effe, niously murder thy Father W. by Name, on the Day and
and known, is good; but not before they are born. Year of, &c. at B. as you furmife, nor am any Way
Likewiſe a Remainder may be made to fuch, by the guilty of the faid Felony; fo help me God. And then he
Name of Son of the reputed Father; though not fhall kifs the Book, and fay; And this I will defend
by the Name of Iffue, which must be lawful, nor against thee by my Rody, as this Court hall award.
may a Ufc be raiſed to fuch a reputed Son; but a Then the Appellant lays his right Hand on the
Man may devife all his Eftate by Will to a Baftard, Book, and with his left Hand takes the Appellee by
by his reputed Name. 1 Inft. 3. 6 Rep. 65. Dyer 374. the Right, and fwears to this Effect: Hear this thou
A Man devifed Lands to the Ufe of 7. his Daugh- who calleft thyself Thomas by the Name of Baptifm,
ter, who was a Bastard, and this was refolved to that thou didst feloniously on the Day, and in the Year, &c.
be good. fenk. Cent. 239.
at B. murder my Father W. by Name; fo help me God.
Bastardeigne, (Fr.) Is where the eldeſt Child of a And then he fhall kifs the Book, and fay; And
Perſon is a Baftard, who is fo called. Law Fr. Dict. this I will prove against thee by my Body, as this Court
Balton, (Fr.) A Staff, or Club; and by our Sta-hall award. This being done, the Court fhall ap-
tutes it fignifies one of the Warden of the Fleet's point a Day and Place for the Battel, and in the
Servants or Officers who attends the King's Courts mean while the Appellee fhall be kept in Cuftody
with a red Staff for taking fuch into Cuftody who
are committed by the Court. 1 R. 2. c. 12. 5 Eliz.
c. 23. See Tipftaff.
•
•
of the Marshal, and the Appellant find Sureties to
be ready to fight at the Time and Place, unless he
be an Approver, in which Cafe he fhall alſo be
Wafus, Per Bafum tolnetum capere, To take Toll kept by the Marfhal: And the Night before the
by Strike, and not by Heap; per bafum, being op- Day of Battel, both Partics fhall be arraigned by
poſed to in cumulo vel cantello Tolnetus ad molen- the Marfhal, and fhall be brought into the Field
dinum fit fecundum confuetudinem regni; menfura per before the Juftices of the Court where the Appeal
quas tolnetus capi debet fint concordantes menfuris Domini is depending at the Rifing of the Sun, bare head-
Regis, & capiatur tolnetus per Bafum, & nichil in cu-ed, and bare legg'd from the Knee downwards,
mulo vel cantello. Confuetud. Domus de Farendon,
MS. f. 42.
Batable Ground, Is taken for the Land that lay
between England and Scotland, heretofore in Que-
ftion, when they were diftin&t Kingdoms, to which
and bare in the Arms to the Elbows, armed only
with- Baftons an Ell long, and four corner'd Tar-
gets; and before they engage, they fhall both make
Oath, That they have neither eat nor drunk, nor done any
Thing else by which the Law of God may be depreſſed,
}
2
and
BA
BA
1
(rent of his Child, a Mafter his Servant, or Appren-
tice, &c. See Affault.
y
Batus, (Lat. from the Sax. Bat) A Boat, and Ba-
tellus a little Boat. -Conceffit etiam eidem Hugo
Wake pro fe Hared. fuis, quod prædictus Abbas ŵ
fucceffores fui & Eclefia fua de Croyland habeant tres
Batellos in Harnolt, c. Chart. Ed. 1. 20 Julii 18
Regni. Hence we have an old Word Batswain, for
fuch as we now call Boatswain of a Ship.
Baubella, (Baubles) A Word mentioned in Hove-
den in R. 1. and fignifics Jewels or precious Stones.
Tres partes Thefauri fui omnia Baubella
fua divifit.
and the Law of the Devil exalted: And then, after
Proclamation for Silence under Pain of Imprifon
ment, they shall begin the Combat, wherein if the
Appellee be fo far vanquished that he cannot or
will not fight any longer, he may be adjudged to
be hanged immediately; but if he can maintain
the Fight till the Stars appear, he shall have Judg.
ment to be quit of the Appeal: And if the Appel-
lant becomes a crying Coward, the Appellee fhall
recover his Damages, and may plead his Acquittal
in Bar of a fubfequent Indictment or Appeal; and
the Appellant fhall for his Perjury lofe his Liberam
legem. If an Appellant becomes blind by the A&
of God after he has waged Battel, the Court will Baudekin, (Baldicum, and Baldekinum) Cloth of
diſcharge him of the Battel; and in fuch Cafe it is Baudekin, or Gold: It is faid to be the richest Cloth,
faid that the Appellee fhall go free. This Trial by now called Brocade, made with Gold and Silk, or
Battel is at the Defendant's Choice; but if the Tiffue upon which Figures in Silk, c. were im-
Plaintiff be under an apparent Difability of fight- broidered. Anno 4 Hen. 8. c. 6. Erat pannus auro ri-
ing, as under Age, maimed, &c. he may counter-gidus, plumatoque opere intertextus: But fome Writers
plead the Wager of Battel, and compel the Defen- account it only Cloth of Silk.
dant to put himself upon his Country: Alfo any
Plaintiff may counterplead a Wager of Battel, by
alledging fuch Matters against the Defendant as in
duce a violent Prefumption of Guilt; as in Appeal
of Death, that he was found lying upon the De-
ceafed with a bloody Knife in his Hand, &c. for
here the Law will not oblige the Plaintiff to make
good his Accufation in fo extraordinary a Manner,
when in all Appearance he may prove it in the or-
dinary Way. It is a good Counterplea of Battel
that the Defendant hath been indicted for the fame
Fa&t; when if Appeal be brought, the Defendant
fhall not wage Battel. And if a Peer of the Realm
bring an Appeal, the Defendant fhall not be admit-
ted to wage Battel, by Reafon of the Dignity of the
Appellant. 2 Hawk. P. C. 426, 427. This Trial by
Battel is before the Conftable and Marfhal; but
with all its Ceremonies is now difufed. See Glanv.
lib. 14. Bracton lib. 3. Britton c. 22. Smith de Rep.
Angl. lib. 2. Co. Lit. 294, &c. Vide Combat.
I
Bawdy-House, (Lupanar, Fòrnix) A Houfe of ill
Fame, kept for the Refort and Commerce of lewd
People of both Sexes. The keeping of a Bawdy-
Houfe comes under the Cognizance of the Tempo-
ral Law, as a Common Nufance, not only in Re-
fpect of its endangering the publick Peace, by draw-
ing together diffolute and debauched Perions, and
promoting Quarrels, but alfo in Refpect of its
Tendency to corrupt the Manners of the People,
by an open Profeffion of Lewdness. 3 Inst. 205.
Hawk. P. C. 196. Thofe who keep Bawdy-Honfes
are punished with Fine and Imprisonment; and alſo
fuch infamous Punishment, as Pillory, &c. as the
Court in Difcretion fhall inflict: And a Lodger who
keeps only a fingle Room for the Ufe of Bawdry,
is indictable for keeping a Bawdy-House. 1 Salk. 382.
Perfons reforting to a Bawdy-Houfe, are punishable,
and they may be bound to the good Behaviour, &c.
But if one be indicted for keeping or frequenting a
Bawdy-Houfe, it must be exprefly alledged to be fuch
a Houfe, and that the Party knew it; and not by
Sufpicion only. Poph. 208. A Conftable upon Infor
mation, that a Man and Woman are gone to a lewd
Houfe, or about to commit Fornication or Adultery,
may if he finds them together, carry them before
a Juftice of Peace without any Warrant, and the
Juftice may bind them over to the Seffions. Dalt
214. Conftables in thefe Cafes may call others to
their Affiftance, enter Bawdy-Houfes, and arreft the
Offenders for a Breach of the Peace: In London
they may carry them to Prifon; and by the Cuſtom
of the City, Whores and Bawuds may be carted.
3 Inft. 206. It was always held infamous to keep
a Bawdy-Houfe; yet fome of our Hiftorians men-
tion Bawdy-Houfes publickly allowed here in former
Times 'till the Reign of Hen. 8. and affign the
Number to be 18 thus allowed on the Bankſide in
Southwark. Mod. Juft. 227. See Stews and Brothel-
Houses.
Battery, (from the Fr. Batre to ftrike, or Sax.
Batte, a Club) Is an Injury done to another in a
violent Manner; as by ftriking or beating of a Man,
pufhing, jolting, filiping upon the Nofe, &c. And
it is alfo defined by our Law to be a Treſpaſs com-
mitted by one Man upon another Vi & armis,
contra Pacem, &c. This Offence is punishable by
Action and Indi&ment; on A&tion for the Injury at
the Suit of the Party, the Offender fhall ren-
the Offender ſhall ren-
der Damages, &c. And on Indictment at the
Suit of the King, for a Breach of the Peace, he
fhall be fined according to the Heinoufnefs of the
Offence. Dalt. 282. 1 Hawk. P. C. 134. For here the
Perſon offending is fubject to a twofold Puniſhment,
viz. a Fine to the King, and Damages to the Par-
ty; though it is ufual only to bring an A&tion for
Damages, which in Battery and Maihem the Court
may increaſe upon View of the Record and the
Perfon. 2 Roll. Abr. 572. But a Man may beat an-
other who firſt affaults him, in his own Defence,
and juſtify in an Action by Special Pleading, or
that the Battery was occafioned by his own Affault;
or the Defendant may give that in Evidence upon
Not Guilty to an Indi&ment: And the Record of
the Conviction of the Offender by Indictment may
ſerve afterwards for Evidence in Action of Trefpafs
for the fame Affault and Battery. Terms de Ley 81,
82. 2 Roll. Abr. 546. By Holt Chief Juft. the leaft
touching of another in Anger, is a Battery: If two
or more meet in a narrow Paffage, and without any
Violence or Deſign of Harm, the one touches the
other gently, it will be no Battery: But if any of
them ufe Violence to force his Way in a rude
Manner, or any Struggle is made about the Paffage
to that Degree as to do Hurt, it will be a Battery. Bay, or Pen, Is a Pond Head made of
up a great
Mod. Caf. 149. The Beating of another, in a mo- Height, to keep in Water for the Supply of a Mill,
derate Manner, is lawful in fome Cafes; as the Pa-. fo that the Wheel of the Mill may be driven
|
Form of an Indictment for keeping a Bawdy-House.
T
HE Furors, &c. That A. B. of, &c. the Day
and Year, &c. and at divers Times before and
afterwards, at H. in the County aforefaid, held and kept,
and often made use of, and ſtill holds and keeps, &c. in
his Houfe there, a common Bawdy-Houfe, Entertain-
ments for Lechery and Fornication, and permits Men and
other fufpected Perfons, and not of Good Behaviour or
Fame, carnally to lie with Whores, to the great Detriment
of all the People of our Sovereign Lord the King there
near dwelling, and to the ill Example of all other Offen-
ders in fuch Cafes, and against the Peace, &c.
by
!
BE
BE
O
་
by the Water coming thence through a Paffage or
Floodgate. A Harbour where Ships ride at Sea near
fonie Port, is alfo 'called a Bay: And this Word is
mentioned Anno 2.7 Eliz. c. 19.
-
Beacon, (from the Sax. Beacen, i. e. fignum). A
Signal well known; being a Fire maintained on
Tome Eminence near the Coafts of the Sea, to pre-
vent Invaſions, &c. 4 Inft. 148.. 8 Eliz. c. 13. Hence
Beaconage (Beaconagium) Money paid towards the
Maintenance of Beacons: And we ftill use the Word
Beckon to give Notice unto: See Stat. 5 Hen 4,&c.
Bead, or Bede (Sax. Bead, Oratio) A Prayer, fo
that to lay over Beads, is to lay over one's Prayers.
They were moft in Ufe before Printing, when
poor Perfons could-not go to the Charge of a Ma-
nufcript Book: Though they are ftill used in many
Parts of the World, where the Roman Catholick
Religion prevails. They are not allowet to be
brought into England, or any fuperftitious Things,
to be uſed here, under the Penalty of a Pramunire,
by Stat. 13 Eliz. c. 2.
Beam, Is that Part of the Head of a Stag where
the Horns grow, from the Sax. Beam, i. e. Arbor;
becauſe they grow out of the Head as Branches
out of a Tree. Beam is likewife ufed for a com-
mon Balance of Weights in Cities and Towns.
Stat. 13 Ed. 1.
Beains and Ballance, for weighing Goods and
Merchandize in the City of London. See Tronage.
Bearers, Signifies fuch as bear down or opprefs
others, and is faid to be all one with Maintainers.
-Juftices of Affife fhall inquire of, hear, and
determine Maintenors, Bearers, and Confpirators,
Ec. Stat. 4 Ed. 3. c. 11.
fome yet are tied to give them one, two, or three
Days Work, when commanded. This cuftomary
Service of inferior Tenants was called in the
Latin Precaria, Bedrepium, &c. - Debent venire in
Autumno ad Precariam qua vocatur a le Bederepe.
Plac. in Craft. Pur. 10 H. 3. Rot. 8. Surrey. See Magna
Precaria.
Bedewerf, Thofe which we now call Banditi, pro-
fligate and excommunicated Perfons. The Word is
mentioned in Mat. Parif. Anno 1258.
Beer, It is lawful to export Beer, &c. paying a
Custom Duty: Stat. 22 & 23 Car. 2.
ရာ
Beggars, Pretending to be blind, lame, &c.
found begging in the Streets, are to be removed by
the Conftables; and refufing to be removed, fhall
be whipped, &c. Stat. 12 Ann. And our Statutes
have been formerly fo ftri&t for puniſhing of Beggars,
that in the Reign of King Hen. S. a Law was en-
acted, That Sturdy Beggars convicted of a fecond
Offence, fhould be executed as Felons: But this
Statute was afterwards repealed. See Rogue.
Behaviour of Perfons. Vide Good Behaviour.
Belge, The Inhabitants of Somerſet ſhire, Wiltſhire,
and Hampshire. Blount.
Benefice, (Beneficium) Is generally taken for any
Ecclefiaftical Living or Promotion; and Benefices
are divided into elective and donative: So alfo it is
used in the Canon Law. 3 Inft. 155. Duarenus de Be
neficiis, lib. 2. c. 3. All Church Preferments and
Dignities, are Benefices; but they must be given for
Life, not for Years, or at Will. Deaneries, Pre-
bendaries, &c. are Benefices with Cure of Souls,
though not comprehended as fuch within the Stat.
21 H. 8. c. 13. of Refidence: But according to a
Beauts of Chafe (Fera Campeftres) Are five, viz. more ftri&t and proper Acceptation, Benefices are on-
The Buck, Doe, Fox, Marten and Roe. Manw.ly Rectories, and Vicarages. Beneficia were for-
·part. I. pag. 342. Beafts of the Foreft (Fera Silveftres) merly Portions of Land, c. given by Lords to
otherwife called Beasts of Venary, are the Hart, their Followers for their Maintenance; but after-
Hind, Boar and Wolf. Ibid. par. 2. c. 4. Beasts and wards as thefe Tenures became Perpetual and He-
Fowls of the Warren, are the Hare, Coney, Phea-reditary, they left their Name of Beneficia to the
fant, and Partridge. Ibid. Reg. Orig. 95, 86, &c. Livings of the Clergy, and retained to themſelves
Co. Litt. 233-
the Name of Feuds. And Beneficium was an Estate
Beau-pleader, (Pulchre Placitando, Fr. Beauplaider, in Land at firft granted for Life only, fo called, be-
i. e. to plead fairly). Is a Writ upon the Statute of caufe it was held ex mero Beneficio of the Donor;
Marlbridge, 52 Hen. 3. c. 11. whereby it is enacted, and the Tenants were bound to fwear Fealty to the
That neither in the Circuit of Juftices, nor in Lord, and to ferve him in the Wars, thofe Eftates
Counties, Hundreds, or Courts-Baron, any Fines being commonly given to Military Men: But at
fhall be taken for Fair Pleading, viz. for not plead-Length by the Confent of the Donor, or his Heirs,
ing fairly or aptly to the Purpofe; upon which they were continued for the Lives of the Sons of
Statute, this Writ was ordained, dirc&ted to the the Poffeffors, and by Degrees paft into an Inheri-
Sheriff, Bailiff, or him who fhall demand fuch Fine, tance; and fometimes fuch Benefices were given to
and it is a Prohibition not to do it; whereupon an Bishops, and Abbots, fubject to the like Services,
Alias and Pluries and Attachment may be had, &c. viz. to provide Men to ferve in the Wars; and
New Nat. Br. 596, 597. And Beau pleader is as well when they as well as the Laity had obtained a Pro-
in Respect of vicious Pleadings, as of the fair Plead-perty of thofe Lands, they were called Regalia when
ing, by way of Amendment. 2 Inft. 122.
·
•
given by the King; and on the Death of a Bishop,
c. returned to the King 'till another was chofen.
Spelm. of Feuds, c. 2. Blount, Verb. Beneficium. Lands
were antiently held in Beneficio; and then granted
in Alodium perpetuo jure, &c.
Wedel, (Bedellus, Sax. Bydel) A Cryer or Meffen-
ger of a Court, that cires Men to appear and an-
fwer: And is an inferior Officer of a Parish or Li-
berty, very well known in London, and the Suburbs.
There are likewife University Bedels, and Church Beneficio pzimo Ecclefiaftico habendo, A Writ di-
Bedels; now called Summoners and Apparators: re&ted from the King to the Chancellor, to bestow
And Manwood in his Foreft Laws, faith there are the Benefice that shall first fall in the King's Gift,
Foreft Beadels, that make all Manner of Garniſh-above or under fuch a Value, upon fuch a particu-
ments for the Courts of the Foreft, and all Pro-lar Perfon. Reg. Orig, 307.
clamations, and alfo execute the Proceſs of the Benerch, An antient Service which the Tenant
Foreft, like unto Bailiffs Errant of a Sheriff in rendered to his Lord with his Plough and Cart.
his County.
Edgarus interdicit omnibus Mi-Lamb. Itin. p. 222. Co. Lit. 86.
niftris, id eft, vicecomitibus, Bedellis & Balivis, &c.
Ne introeant fines & limites dicti Marifci. Ingulph.
Hift. Croyl.
Bedelary, (Bedelaria) Is the fame to a Bedel, as
Bailiwick to a Bailiff. Lit. lib. 3. cap. 5. Will.
filius Adæ tenet Bedelarium Hundredi de Macclesfield,
c. Ex. Rot. Antiq.
Bederepe, alias Biderepe, (Sax.) Is a Service which
certain. Tenants were antiently bound to perform,
viz. To reap their Landlord's Corn at Harveſt; as
I
Benevolence, (Benevolentia) Is ufed in the Chro-
nicles and Statutes of this Realm for a voluntary.
Gratuity given by the Subjects. to the King. Stow's
Annals, p. 701. And Stow faith, that it
grew from
Edward the Fourth's Days: You may find it alfo
Anno 11 Hen. 7. c. 10. yielded to that Prince in Re-
gard of his great Expences in Wars, and other-
wife. 12 Rep. 119. And by Act of Parliament 13
Car. 2. cap. 4. it was given to his Majefty K. Char. 2.
but with a Provifo that it fhould not be drawn into
future
+
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:
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BE
BE
•
future Example: So that all Supplies of this Na-
ture are now by way of Taxes. In other Nations
Benevolences are given fometimes to Lords of the Fee,
by their Tenants, &c. Caffand. de Confuet. Burg pag.
134, 136.
•
called, antiently belonging to the Church of St. John
of Beverley.
riorum patens riſui remanebat, di&tos feptem de cætero non
Sed quia eorum turpe nomen Berefella-
Berefellarios fed Perfonas volumus nuncupari. Pac. 21
R. 2. par. 3. m. 10. per Infpex:
Bercfreit, Berefreid, A large wooden Tower.
Simeon Dunelm. Anno 1123.
་
Berewicha or Berwica, Villages or Hamlets be-
longing to fome Town or Manor. This Word of-
ten occurs in Domesday: Ifta funt Berewichæ ejuſdem
Manerii
Benevolentia Regis habenda, The Form of Pur-
chafing the King's Pardon and Favour, in antient
Fines and Submiſſions, to be restored to Eſtate, Ti-
tle, or Place.
Thomas de St. Walerico dat
Regi mille marcas, pro babenda Benevolentia Regis
pro habendis Terris fuis unde Diffeifitus fuit. Paroch.
Antiq. p. 172.
Berghmafter, (from the Sax. Berg a Hill, Mons,
Berbiage, (Berbiagium) Nativi Tenentes Manerii de quafi Mafter of the Mountains) Is a chief Officer
Califtoke reddunt per Ann. de certo redditu vocat. Ber-among the Derbyshire Miners, who also executes
biag. ad le Hokeday xix. s. MS. Survey of the Dut- the Office of a Coroner. Furatores dicunt, quod
chy of Cornwall.
in Principio quando Mineratores veniunt in Campum Mi-
neras quærentes, inventa Minera, veniunt ad Ballivum,
qui dicitur Berghmayfter, & petunt ab eo duas Me
tas, &c.-Efc. de An. 16 Ed. 1. num. 34. in Turri
London. The Germans call a Mountaineer, or Miner,
a Bergman.
Berbicaria, A Sheep Down, or Ground to feed
Sheep. Leg. Alfredi, c. 9. Et quod de Berbicaria, &c.
Monafticon Tom. 1. p. 308.
Bercaría, (Berchery, from the Fr. Bergeria) A
Sheep-Fold, or other Inclofure for the Keeping of
Sheep: In Domesday it is written Berquarium.
2 Inft. 476. Mandatum eft Roberto de Lexin-
ton, quod Abbati de Miraval faciat unam Bercariam
in Pafura de Fairfield ad oves fuas Cuftodiendas.
Clauf. 9 Hen. 3. m. 12.
Dedi fexaginta acras
terra ad unam Bercariam faciendam.
Mon.
Angl. Tom. 2. pag. 599. Bercarium is taken for a
Shepherd: And Bercaria is faid to be abbreviated
from Barbicaria, and Berber; hence comes Berbicus,
a Ram, Berbica, an Ewe, Caro Berbicina, Mutton.
Corvel.
Berefellarii; There were ſeven Churchmen ſo
3 E. 6. Art.
1
9.
16 E. 1. c. 2.
3
E. 6. Art. 10.
3 & 4 P. & M.
Art. 19.
26 Ed. 1. c. I.
&c.
.
|
Berghmoth or Berghmote, Comes from the Sax.
Berg, a Hill, and Gemote, an Affembly; and is as
much as to fay an Affembly or Court upon a Hill,
which is held in Derbyshire for deciding Pleas and
Controverfies among the Miners. Furatores etiam
dicunt quod Placita del Berghmoth debent teneri de tri-
bus feptimanis in tres feptimanas fuper Mineram de Pec-
co. Efc. 16 Ed. 1. And on this Court of Berghmote,
Mr. Manlove in his Treatife of the Cuftoms of the
Miners, hath a Copy of Verſes, with References to
Statutes, &c.
And Suit for Oar must be in Berghmote Court.
Thither for Fuftice Miners must refort:
And two great Courts of Berghmote ought to be,
In every Year upon the Minery:
To punish Miners that Tranfgrefs the Law,
To curb Offences, and keep all in awe :
To fine Offenders that do break the Peace,
Or fhed Man's Blood, or any Tumults raiſe :
To fwear Berghmafters that they faithfully
Perform their Duty on the Minery:
And make Arrests, and eke impartially
Impanel Furors, Cauſes for to try;
And fee that Right be done from Time to Time
Both to the Lord and Farmers on the Mine.
times it is ufed to fignify any capital Offence.
Leges Canuti apud Brompt. cap. 90. Leg. Hen. 1. cap.
12, 47.
Berla, (Fr. Bers) A Limit or Bound
Paftu-
ram duorum Taurorum per totam Berfam in forefta noftra
de Chipenham, &c. Mon. Angl. Tom. 2. pag. 210.
A Park Pale.
*
Bería, Berie, Berry, A large open Field; and
thofe Cities and Towns in England which end with
that Word, are built in plain and open Places, and
do pot derive their Names from Boroughs, as Sir
Henry Spelman imagines. Moft of our Gloffographers
in the Names of Places have confounded the Word
Berie, with that of Bury, and Borough, as if the Ap-
pellative of antient Towns; whereas the true Senfe Berlare, (Germ. Berfen, to fhoot) Berfare in fo-
of the Word Berie is a flat wide Campain, as is pro-refta mea ad tres Arcus. Chart. Ranulf. Comit. Ceftr.
ved from ſufficient Authorities by the learned Du ann. 1218. viz. To hunt or fhoot with three Arrows
Frefne, who obferves that Beria Sancti Edmundi men in my Foreft. Berfarii were properly thofe that
tioned by Mat. Parif. fub ann. 1174. is not to be ta- hunted the Wolf.
ken for the Town, but for the adjoining Plain. To
this may be added, that many flat and wide Meads,
and other open Grounds, are called by the Name
of Beries, and Beryfields: The fpacious Meadow be-
tween Oxford and Ifley was in the Reign of King 4-
thelstan called Bery. B. Twine, MS. As is now the
largeſt Paſture Ground in Quarendon in the County
of Buckingham, known by the Name of Beryfield
And though thefe Meads have been interpreted
Demefne or Manor Meadows, yet were they truly
any flat open Meadows, that lay adjoining to any
Vill or Farm.
Werra, A plain open Heath. Berras affartare, to
grub up fuch barren Heaths.
Bernet, Incendium, comes from the Sax. Byran,
to burn: It is one of thofe Crimes which by the
Laws of Hen. 1. cap. 15. Emendari non poffunt. Some-
Bertelet, (Berfeleta) A Hound. Ad Berfandum
in forefta cum novem arcubus & fex Berfeletis. Chart.
Rog. de Quincy.
Werton, or Barton, (Bertona) Is that Part of a
Country Farm where the Barns and other inferior
Offices ftand, and wherein the Cattle are foddered,
and other Bufinefs is managed. See Clauf. 32 Ed. 1.
m. 17. It alfo fignifieth a Farm, diftinct from a
Manor: In fome Parts of the West of England, they
call a great Farm a Berton; and a finall Farm a Li-
Bertonarii were fuch as we now call Far-
ving.
mers or Tenants of Bertons; Husbandmen that held
Cum Bertona
Lands at the Will of the Lord.
terris & tenementis, que Bertonarii modo tenent ad ve-
luntatem. Chart. Johan. Epifc. Exon, 24 Dec. Ann,
1337.
Berwick,
1
1
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Berwick, Merchandize carried into or brought
out of Scotland, or the Iſles thereof, fhall be brought
first to Beravick, on Pain of Forfeiture: And the
Merchants and Freemen there, hall have the Farm
of the Waters Royal and Fiſhings within the
Seigniory. Stat. 22 Ed. 4. cap. 8. The Liberties of
Berwick are declared, by the Stat. 1 Fac. 1. c. 28.
Bery, or Bury, The Vill or Seat of Habitation
of a Nobleman, a Dwelling or Manfion-Houfe, be-
ing the Chief of a Manor; from the Sax. Beorg,
which fignifies a Hill or Caſtle; for heretofore No-
blemens Seats were Caftles, fituate on Hills, of
which we have ſtill fome Remains. As in Hereford-
Shire, there are the Beries of Stockton, Hope, &c. It
was antiently taken for a San&tuary.
Belaite, (Fr. Bifayeul, Proavus). The Father of the
Grandfather: And in the Common Law it fignifies
a Writ that lies where the Great Grandfather was
feifed the Day that he died of any Lands or Tene-
ments in Fee fimple; and after his Death a Stranger
entereth the fame Day upon him, and keeps out the
Heir. F. N. B. 222.
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Biduana, A Fafting for the Space of two Days.
Matt. Weftm. p. 135.
Biga, Bigata, A Cart, or Chariot drawn with
two Horfes, coupled Side to Side; but it is faid to
be properly a Cart with two Wheels, fometimes
drawn by one Horfe; and in our antient Records
it is uſed for any Cart, Wain or Waggon.
Et quod eant cum Bigis & Carris cum cæteris_phaleris
fuper Tenementum fuum, c. Mon. Angl. Tom. 2.
fol. 256.
·
Bigamus, Is a Perfon that hath married two or
more Wives, fucceffively after each other, or a Wi-
dow; for the Canonifts account a Man that hath
married a Widow, to have been twice married. It
is mentioned in the Statutes 18 Ed. 3. c. 2. 1 Ed: 6.
c. 12. And 2 Inft. 273.
Bigamy, (Bigamia) Signifies a double Marriage,
or Marriage of two Wives; it is uſed in our Law,
for an Impediment to be a Clerk, by Reafon he
hath been twice married. 4 Ed. 1. cap. 5. Which
feems to be grounded upon the Words of St. Paul
to Timothy, Epift. 1. cap. 5. verf. 2. Oportet ergo Ep Sco-
Apum irreprehenfibilem effe & unius uxoris virum: Upon
which it is laid the Canonifts have founded their
Doctrine, that he that hath been twice married,
may not be a Clerk; fo that they do not only ex-
clude fuch from Holy Orders, but alfo deny them
all Privileges that belong to Clerks: But this Law
is abolished by 1 Ed. 6. and fee the Star. 18 Eliz.
cap. 7. The Statute called the Statute de Bigamis, is
the 4 Ed. 1. and the 1 Fac. 1. c. 11. calls it Bigamy,
where a Perfon marries the ſecond Wife, &c. the
Welcha, (from the Fr. Bef.her, fodere, to dig)
Spade or Shovel.
In communi Paftura turbas, cum
una fola Befca, fodient & nihil dabunt. Prior. Lew.
Cuftumar. de Hecham, pag. 15. Hence perhaps,
una Befcata terra inclufa
Mon. Angl. Tom.
2 fol. 642. may fignify a Piece of Land ufually
turned up with a Spade, as Gardeners fit and
prepare their Grounds; or may be taken for as
much Land as one Man can dig with a Spade in a
Day.
Beſtíals, (Fr. Beftiails) Beafts or Cattle of any
Sort: Anno 4 Ed. 3. c. 3. it is written Beftail; and
is generally uſed for all Kinds of Cattle, though it
has been reftrained to those purveyed for the King's
Provifion. 12 Car. 2. cap. 4.
/
Betaches, Laymen ufing Glebe Lands.
Ed. 2.
Parl. 14
Beverches, Bed-works, or Cuftomary Services,
done at the Bidding of the Lord by his inferior
Tenants Inter fervitia Cuftumaria Tenentium in Ble-
bury, de Domino Abbatis & Conventus Reading-
pradictus Abbas habebit de eis duas precarias carrucarum
per Annum, quæ vocantur Beverches, cum qualibet
carruca duos homines qualibet die ad Prandium Abbatis.
Cartular. Rading. MS. f. 223.
firft being living, which is Felony, but this is
properly Polygamy, and not Bigamy, which laft is
not where a Perion hath two Wives together, but
where he hath two Wives one after another. 2 Inft.
273.
Bigot, Is a Compound of feveral old English
Words, and fignifies an obftinate Perfon; or one
that is wedded to an Opinion, in Matters of Re-
ligion, &c. It is recorded that when Rollo the firſt
Duke of Normandy, refuſed to kifs the King's Foot,
unleſs he held it out to him, it being a Ceremony
required in Token of Subjection for that Dukedom,
with which the King inveſted him; thofe who were
prefent taking Notice of the Duke's Refufal, ad-
viſed him to comply with the King's Defire, who
Bewared, An old Saxon Word fignifying Ex-anfwered them Ne fe Bigot; whereupon he was in
pended; for before the Britons and Saxons had Plen-
ty of Money, they traded wholly in Exchange of
Wares.
Derifion called Bigot, and the Normans are ſo called
to this Day.
Bilagines, (Lat.) Bilaws of Corporations, c.
See By Laws.
Bidall, or Bipale, (Precaria potaria, from the
Sax. Biddan, to pray or fupplicate) Is the Invita- Bilanciis deferendís, A Writ directed to a Cor-
tion of Friends to drink Ale at the Houfe of fome poration, for the carrying of Weights to fuch a Ha-
poor Man, who thereby hopes a charitable Contri-ven, there to weigh the Wool that Perfons by our
bution for his Relief: It is ftill in Ufe in the Weft antient Laws were licenſed to transport. Reg. Orig.
of England; and is mentioned 26 Hen. 8. c. 6. And
fomething like this feems to be what we commonly
call House warming, when Perfons are invited and
vifited in this Manner on their first beginning Houfe
keeping.
270.
Bilinguis, Signifies generally a double-tongued
Man; or one that can speak two Languages: But
it is ufed in our Law for a Jury that paffeth be-
tween an Engliſhman and a Foreigner, whereof Part
ought to be Engliſh, and Part Strangers. Though
this is properly a Jury de medietate Lingua. 28 Ed. 3.
c. 13.
Bidding of the Beads, Bidding from the Sax.
Biddan, To pray or defire; and Bead from the Sax.
Bead a Prayer, was antiently a Charge or Warning
given by the Parish-Prieft to his Parishioners at Bill, (Billa) Is diverfly uſed: In Law Proceed-
fome fpecial Times to come to Prayers, either forings, it is a Declaration in Writing, expreffing cither
the Soul of fome Friend departed, or upon fome the Wrong the Complainant hath fuffered by the
other particular Occafion. And at this Day our Party complained of, or elfe fome Fault committed
Minifters, on the Sunday preceding any Feftival or against fome Law or Statute of the Realm: And
Holiday in the following Week, give Notice of this Bill is fometimes addreffed to the Lord Chan-
them, and defire and exhort their Parishioners to cellor of England, especially for unconscionable
obferve them as they ought; which is required by Wrongs done to the Complainant; and fometimes
our Canons. See Stat. 27 Hen. 8. c. 26.
to others having Jurifdi&tion, according as the Law
directs. It contains the Fat complained of, the
Damage thereby fuftained, and Petition of Procefs
against the Defendant for Redreſs; and it is made
ufe of as well in Criminal as Civil Matters. In Cri-
minal Cafes, when a Grand Jury upon a Preſent-
Bidentes, Two Yearlings, or Sheep of the fe-
cond Year Will. Longfpe A. D. 1234. granted to
the Prior and Canons of Burcefter, Pafturam ad quin-
quaginta Bidentes, cum Dominicis Bidentibus meis ibi-
dem pafcendis. Paroch. Antiq. p. 216.
I
ment
!
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BI
ment or Indictment find the fame to be true, they | Aigns, on, &c. next enſuing the Date hereof; for which
indorfe on it Billa vera; and thereupon the Offen- Payment well and truly to be made, 1 bind myself, my
der is faid to ftand indicted of the Crime, and is Heirs, Executors, and Adminiftrators, to the faid C. D.
bound to make Anfwer unto it: And if the Crime his Executors, Adminiftrators and Affigns in Two hundred
touch the Life of the Perion indicted, it is then re- Pounds of like lawful Money firmly by thefe Prefents. In
ferred to the Jury of Life and Death, viz. the Petry Witnefs, &c.
Jury, by whom if he be found guilty, then he fhall
tand convicted of the Crime, and is by the Judge
condemned to Death. Terms de Ley 86. 3 Inft. 30.
See Ignoramus and Indictment.
+
{
Bill of Exchange, Is a Security among Merchants,
given for Money, and by the Credit of the Drawer
generally paffeth as Money: Thefe Bills are drawn
Bill is alfo a common Engagement for Money either payable at Sight; or in fo many Days, Weeks,
given by one. Man to another; and being fome- or Months; or at one or two Ufances, c. And the
times with a Penalty, called Penal Bill, and fome- Space of one Month from the Date of the Bill is
times without a Penalty, tho the latter is most fre- called Ufance, and two or three Months double or
quently uſed. By a Bill we ordinarily understand a treble Ufance. There is an Inland Bill of Exchange,
fingle Bond, without a Condition; and it was former- and Foreign Bill; an Inland Bill has been faid to be
ly all one with an Obligation, fave only it's being only in the Nature of a Letter, but an Outland Bill
Called a Bill when in English, and an Obligation when is more regarded in the Eye of the Law, becauſe it
in Latin. Weft. Symbol. lib. 2. fe&t. 146. A Bill has is for the Advantage of Commerce with other
been defined to be a Writing, wherein one Man is Countries, which makes it of a more publick Con-
bound to another, to pay a Sum of Money on a Day cern; And a Foreign Bill being refufed to be ac-
Future, or presently on Demand, according cepted, by the Law of Merchants Action lies a-
to the Agreement of the Parties at the Times it is gainft the Drawer, and if the Perfon to whom di-
entered into, and the Dealings between them: And rected fubfcribes the Bill, it is Affumpfit to pay it.
is divided into feveral Sorts, as a Bill that is fingle, 1 Rol. Abr. 6. 1 Ventr. 152. 2 Cro. 307. Every In-
a Bill that is Penal, &c. Where there is a Bill of dorfor of a Bill is liable as the firt Drawer; the
100 1. to be paid on Demand, it is a Duty prefently, Indorfor is anfwerable, becauſe the Indorſement is
and there needs no actual Demand. Cro. Eliz. 548. in Nature of a new Bill. I Salk, 125. But by the
And a fingle Obligation or Bill, upon the Sealing Custom of Merchants, the Indorfee is to receive the
and Delivery, is Debitum in prafenti, tho' Solvendum Money of the firft Drawer if he can; and if he can-
in futuro. On a collateral Promife to pay Money on not, then the Indorfor is to answer. The Indorfor
Demand, there must be a fpecial Demand; but be of a Bill is not liable to pay it, till Endeavour has
tween the Parties it is a Debt, and faid to be fuf- been uſed to find the Drawer. Salk. 126. But an
ficiently demanded by the Action: It is otherwife Indorfor is not difcharged without actual Payment
where the Money is to be paid to a third Perfon; of the Bill; unless there be fome Neglect or Default
or where there is a Penalty. 3 Keb. 176. If a Per- in the Indorfee, as where he doth not endeavour to
fon acknowledge himself by Bill obligatory to be receive the Money in convenient Time, and then
indebted to another in the Sum of 50 7 and by the the firft Drawer becomes infolvent. Ibid. 132. An
fame Bill binds him and his Heirs in 100 l. and fays Indorfor charges himſelf in the fame Manner as
not to whom he is bound, it ſhall be intended he is if he had originally drawn the Bill: And a Plaintiff
bound to the Perfon to whom the Bill is made. Rol. need not prove the Drawer's Hand, as the Indorfor
Abr. 148. A Bill obligatory written in a Book, with is a new Drawer; but he must prove that he de-
the Party's Hand and Seal to it, is good. Cro. Eliz. manded the Money of the Drawer or Drawce, or
613. And if a Man makes a Bill thus: I do owe and that he fought and could nor find them, in conve-
promiſe to pay to A. B. 50 1. &c. for Payment thereof, Inient Time, which is three Days after the Indorfe-
bind myself to C. D. &c. another Perfon; it is good ment, &c. I Salk. 127. In Cafe a Bill be bought
by the Words of the firft Part, and the Words ob- at Diſcount, it is an abfolute Purchaſe; and if the
ligatory to another Perfon are void. A Man fays fame be again Indorfed, the Indorfor warrants the
by his Deed: Memorandum, That I A. B. have re-whole Bill. See 2 Show. 442. A blank Indorſement
ceived of C. D. the Sum of 20 1. which I promise to pay
to E. F. In Witness whereof I have hereunto fet my Seal,
&c. Or if the Bill be, I ball pay to C. D. 201. In
Witness, &c. and the fame be fealed; Or if it runs
as follows, I owe to C. D. 20 1. to be paid at, &c. Or,
I had of C. D. 20 1. &c. to be repaid him again: Or,
I A. B. do bind myself to C. D. that he shall receive 20 1.
&c. All theſe are faid to be obligatory. 2 Rol. 146.
22 E. 4. c. 22.
doth not transfer the Property of a Bill of Exchange;
tho' the Perfon to whom indorſed may fill up the In-
dorfement, fo as to charge the Indorfor; for where
one indorfes his Name on a Bill, the Indorfee may
make what Ule of it he pleafes, by Way of Affign-
ment, Acquittance, c. 1 Salk. 126. A Bill of Ex-
change payable to a Perfon, or Bearer, is not af-
fignable to enable the Indorfee to bring an Action,
if the Drawer refufe Payment: But by Bill to a
Perfon, or Order, an exprefs Power is given to the
Party to affign, and the Indorfee may maintain an
Action: And the firft is a good Bill between In-
dorfor and Indorfee. Ibid. 125. Where a Bill is
Now all Men by thefe Prefents, That I A. B. of, drawn payable to A. B. or Bearer, an Affignee niuft
&c. do owe and am indebted to C. D. of, &c. fue in the Name of him to whom it made pay-
the Sum of Fifty Pounds of lawful Money of Great Bri-able, and not in his own Name; otherwife a Stranger
tain, which I promise to pay unto the faid C. D. his Ex-finding the Bill, might recover: If it be made pay-
eutors, Administrators er Affigns, at and upon the first
Day of October next enfuing the Date of thefe Prefents.
In witneſs whereof I have hereunto fet my Hand and
Seal the 10th Day of Auguſt Anno Domini 1733..
K
K
Form of a fingle Bill for Money.
A Penal Bill for Payment of Money.
•
Now all Men by thefe Prefents, That I A. B. of,
&c. do owe unto C. D. of, &c. the Sum of One
hundred Pounds of lawful Money of Great Britain, to be
paid unto the faid C. D. his Executors, Adminiftrators or
+
able to A. B. or Order, there an Affignee may fue in
his own Name, because the Order must be made by
Indorfement, &c. Alfo the latter is within the Cu-
ftom of Merchants, and may be negotiated and af
figned by Custom; but the former is not. 3 Salk. 67.
If a Bank Bill payable to A. B. or Bearer, be lost,
and it is found by a Stranger, Payment to him
would indemnify the Bank; yet A. B. may have
Trover againſt the Finder, tho' not against his Af
fignee for valuable Confideration, which creates
a Property. 3 Salk. 71. If a Man gives a Note in
thefe Words, viz. I promiſe to Account with T. S. or
A a
•
his
(
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+
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his Order for 50 1. Value receiv'd, it ſhall be con- In Drawing Bills of Exchange, the Signing of one
ftrued as a Promife to pay the Money, and be a
Partner in Merchandize for Self and Company, ob-
good Bill indorfable over to another, who may liges the others. A Gentleman travelling for Edu-
bring an Action for the fame. Pafch. 11 Geo. 1. cation, draws a Bill of Exchange, this is negociating
Mod. Caf. in L. & E. 362, 363. The Acceptance of the Bill, and makes him a Merchant, &c. Show.
a Bill altho' after the Money is payable, is binding 127. A Bill of Exchange directed to one to pay fo
to the Party accepting, and Action is maintain- much for Value received, fhall be a good Difcharge
able thereon; the Effect of the Bill being the Pay- of the Debt, if the Bill be not returned back to the
ment of the Money, and not the Day of Payment. Drawer in Time, although it be not paid; for Keep-
Carthew's Rep. 460. When a Bill of Exchange is ac-ing the Bill long, is Evidence that he hath agreed to
cepted, it is a good Ground for a Special Action take the Merchant as Debtor. Ibid. 126. If a Man
upon the Cafe; but it doth not make a Debt, &c. pays a Bill of Exchange before due, and the Perfon
2 Show. I. Indebitatus Affumpfit doth not lie against to whom paid fails before the Time of Payment,
the Acceptor of a Bill of Exchange, becauſe his Ac-he fhall be obliged to pay it again to the Deliverer;
ceptance is a collateral Engagement; tho' it will lie because the Drawer might have countermanded the
against the Drawer. 1 Salk. 23. And a general In- fame, or ordered the Bill to be made payable to an-
debitatus Affumpfit will not lie on a Bill of Exchange, other Perfon. A Perfon gives a Bill of Exchange,
for want of a Confideration: and therefore there &c. upon a third Perfon to another in Payment,
must be a Special Action upon the Cuſtom of Mer-and he takes it abfolutely, if he knew the third
chants, or an Indebitatus Affumpfit against the Dawer Perfon to be breaking or in a failing Condition,
for Money by him received to the Plaintiff's Ufe. and the Receiver of the Bill. ufes all Diligence to
Ibid. 125. A Bill once accepted, may not be revo-get Payment, but cannot, this is a Fraud and no
ked by the Party that accepted it, tho' immediately
after and before the Bill becomes due, he hath Ad-
vice that the Drawer is broke. The Servant of a
Merchant cannot accept a Bill of Exchange for his
Mafter, without plain Evidence that he hath Au-
thority to do it; as where the Matter allows the
Payment of Bills drawn by his Servant, &c. Lex
Mercat. 265. Mod. Ca. 36. But another Perfon may
accept the Bill for the Honour of the Drawer; and
if he pays the Money in Default of the Party, he
is to make a Proteft with Declaration that he hath
paid the fame for the Drawer's Honour. If one
Merchant having a right Understanding with an-
other fays, Leave your Bill with me, and I will accept
it, by the Cuftom of Merchants it obliges him as
effectually as if he had figned it. If a Bill be ac-
cepted, and the Perfon who accepted the fame hap-
pens to die before the Time of Payment, there muft
be a Demand made of his Executors or Adminiftra-
tors; and on Non-payment, a Proteft is to be made,
altho' the Money becomes due before there can be
Adminiſtration, &c. A Bill may be accepted for
Part, the Party on whom drawn having no more
Effects in his Hands; and there may be a Proteft
for the Refidue. If a Man be not to be found, or
being found, is not to be met with afterwards, it is
Caufe fufficient for a Proteft: Which is a Sort of
Summons to a Perfon to accept or pay a Bill, with
Proteftation against the Refufer for Exchange, In-
tereft, and all Charges, Damages and Loffes that
may be fuftained or occafioned by fuch Refufal.
Lex Mercat. Where any Bill is negotiated, if the
fame be to be paid at a certain Day, and accepted,
the Proteft must be on the Day of Payment; but if
payable at Sight, it must be protcfted the third Day
of Grace: And when fuch Bill of Exchange is not paid,
the Intereft thereon commences only from the Time
of Demand. 2 Show. 164. 6 Mod. 138. Before
the Stat. of 9 W. 3. if a Bill was Foreign, one could
not refort to the Drawer to charge him for Non:
acceptance or Non-payment, without a Proteft, and
reaſonable Notice thereof; but in Caſe of an In-
land Bill it was otherwife. The Proteft was order-
ed for the Benefit of the Drawer, to give Notice
that the Bill is not accepted, &c. tho' it is to ſub-
ject to anſwer. Mod. Ca. 80.
K
•
:
·
Form of a Proteft of a Bill of Exchange.
Now all Men, That I A. B. on the Day, &c. at
the ufual Place of Abode of C. D. have demanded
Payment of the Bill of which the above is a Copy, which
the faid C. D. did not pay, wherefore I the faid A. B. do
hereby protest the faid Bill. Dated, &c.
·
Payment: Though if a Man takes a Note or Bill,
and after it is payable makes no Demand, ſo that
he might be paid if he had been diligent enough,
then if the Party on whom the Bill is drawn fails,
it is at the Peril of him that took it. Mod. Caf. 147.
A Drawer of a Bill of Exchange is always anfwera;
ble, by the Value received, though there be no
Tender of the Bill for Payment, or it be not pro-
tefted, unless the Perfon on whom drawn break,
and then it is otherwife; for in that Cafe, the Party
2 Show.
who paid the Money for the Bill lofeth it.
319. Though it is faid the Words Value received,
are now not abfolutely neceffary to a Bill of Ex-
change: For when they are mentioned therein, the
Drawer must answer it at Common Law; and if
1 Show. 5
not, then by the Cuftom of Merchants.
Mod. Caf. L. & E. 26.7. If a Poffeffor of a Bill
by any Accident lofes it, he must cauſe Intima-
tion to be made by a Notary Publick before Wit-
neffes, that the Bill is loft or miflaid, requiring that
Payment be not made of the fame to any Perfon
without his Privity. And if any Bill of Exhange
drawn in, or dated at and from any Place of this
Kingdom, fhall be loft, the Drawer of the Bill fhall,
give another Bill of the fame Tenor, Security be-
ing given to indemnify him in Cafe the Bill to loft.
A Bill of Ex-
be found again. 9 & 10 W. 3. c. 17.
change tho' it be in Writing, is but as a Simple Con-
tra&t; but it was urged to be equal to a Specialty,
by the Law of Merchants: A Perfon may plead
the Statute of Limitations to an Action upon a Bill
of Exchange; and it is. no good Replication, that it
was on Account between Merchants, where it ap
pears to be for Value received. Comber. 392. 190.
There are not only Bills of Exchange, but Bills of
Credit between Merchants, the Forms whereof are
as follow:
A?
Form of a Bill of Exchange.
250 1. Sterling. London, 10 Auguſt 1726.
Tdouble Ufance pay this my first Bill of Exchange.
to Mr. C, D. Merchant, er Order, the Sum of
Two hundred and fifty Pounds Sterling, for the Value
bere received of the faid C. D. And place it to Account
as by Advice from...
To Mr. E. F. Merchant,
in Amfterdam.
"
Yours, &c. A. B..
Form
4
BI
BI
1
J
Form of a Bill of Credit.
per Bill or Note is no Payment where there was an
orignal and precedent Debt due, but fhall be in-
tended to be taken upon Condition that the Money
be paid in convenient Time; but the Taking a Nore
HIS prefent Writing witneſſeth, That I A. B. in Writing for Goods fold, may amount to Payment
of London, Merchant, do undertake, to and with of the Money, becaufe 'tis Part of the original
C.D. of, &c. Merchant, his Executors and Adminiftra- Contract. Mich. 2 Ann. 3 Salk. 113. Stealing of
tors, that if he the faid C. D. do deliver, or caufe to he de-Bills of Exchange, Notes, &c. is Felony in the fame
livered unto E. F. of, &c. or to his Ufe, any Sum or Sums Degree, as if the Offender had robb'd the Owner
of Money amounting to the Sum of, &c. of lawful Bri- of fo much Money, c. And the Forging Bills of
tish Money, and shall take a Bill under the Hand and Exchange, or Notes for Money, Indorfements, &c.
Seal of the faid E. F. confeffing and fhewing the Certainty is Felony, by Stat. 2 Geo. 2. c. 25. Alſo Forging
thereof; that then I, my Executors or Adminiftrators ha- the Acceptance of any Bill of Exchange, or the
ving the fame Bill delivered to me or them, fhall and will Number or principal Sum of any accountable Re-
immediately, upon the Receipt of the fame, pay, or caufe ceipt, is made Felony. Stat. 7 Geo. 2. c. 22.
to be paid, unto the faid C. D. his Executors or Afſigns,
all fuch Sums of Money as shall be contained in the faid
Bill, at, &c. For which Payment in Manner and Form
hforefaid, I bind my felf, my Executors, Adminiftrators
and Affigns by thefe Prefents. In Witnefs, &c.
+
I
A common Bill or Note for Money.
Promiſe to pay to Mr. C. D. or Qrder, the Sum of
One hundred Pounds (for Value received) within
twenty-one Days after the Date hereof, or on Demand,
&c. Witness my Hand this twentieth Day of Auguft
1738.
100 l. o s. o d.
A. B.
Bill of Lading, Is a Memorandum fign'd by Ma-
fters of Ships, acknowledging the Receipt of the
Merchant's Goods, &c.
Bill of Stoze, A Kind of Licence granted at
the Custom houfe to Merchants, to carry fuch Stores
and Provifions as are neceffary for their Voyage,
Cuftom-free. And Bill of Sufferance is a Licence
granted to a Merchant, to fuffer him to trade from
one English Port to another, without paying Cufton.
An. 14 Car. 2. c. 11.
Billets of Gold, (Fr. Billot) Are Wedges or In-
gots of Gold, mentioned in the Statute 27 E. 3
cap. 27.
By the Statute 9 & 10 W. 3. c. 17. All Bills of
Exchange dated at, or from any Place in England, of
the Sum of 5 1. or upwards, upon any Perfon in Lon-
don, or other trading City, Town or Place, drawn
payable at a certain Time after the Date thereof,
and in which Bills the Value ſhall be expreffed to
be received, may, after their Acceptance in Writing,
and the Expiration of three Days after the fame
fhall be due, be protefted by a Notary Publick; or
if there be none fuch, by any other fubftantial Per-
fon of the Place before two Wineffes, on a Refufal
or Neglect of Payment; which Proteft fhall be made
under a Copy of the faid Bill, and be notified within
fourteen Days after to the Party from whom the
Bills were received, who (upon producing the faid
Proteft) is to repay the Bills with Intereft and
Charges from the Protefting: And in Default of
fuch Proteft, or Notice to be given as aforefaid, the
Perſon failing fhall be liable to all Cofts, Damages Billet Wood, Is fmall Wood for Fuel, which
and Intereft thereupon. And by 3 & 4 Ann. c. 9.must be three Foot and four Inches long, and ſeven
All Notes figned by any Perfon, &c. whereby fuch Inches and a Half in Compafs, &c. Juftices of
Perfon fhall promife to pay to any other Perfon or Peace fhall inquire by the Oaths of fix Men of the
Order, &c. any Sum of Money; the Money men- Affife of Billet, and being under Size, it is to be
tioned in fuch Note fhall be due and payable to the forfeited to the Poor. Stat. 43 Eliz. 9 Ann. c. 15
Perſon to whom made, and the Note ſhall be affign-Scc Fuel.
able over as Inland Bills of Exchange; whereupon the Billingsgate Market to be kept every Day, and
Perfon to whom fuch Note is payable or affigned, Toll is appointed by Stature: All Perfons buying
may maintain an Action for the fame, against the Fish in this Market, may fell the fame in any other
Perfon who fign'd, or any who indorfed the Note, Market by Retail; but none but Fishmongers ſhall
as in Cafes of Inland Bills, and recover Damages fell them in Shops: If any Perfon fhall buy any
and Cofts of Suit, &c. If the Party on whom any Quantity of Fish at Billingsgate for others, or any
Inland Bill of Exchange fhall be drawn, refufes to ac- Fishmonger fhall ingrofs the Market, they incur a
cept it by Under-writing under his Hand, the Per- Penalty of 20 1. And Fifh imported by Foreigners,
fon to whom payable is to caufe fuch Bill to be pro- fhall be forfeited and the Veffel, &c. 10 & 11 W. 3
tefted, as Foreign Bills: But no Acceptance hall c. 24. Vide Fish and Fishermen.
charge any Perfon unless the Bill be underwritten Billus, A Stick or Staff, which in former Times
or indorſed; and if it be not fo underwritted or in-was the only Weapon for Servants. Si quis in
dorfed, no Drawer fhall be obliged to pay Colts, fervum tranfeat, in fignum bujus tranfitionis Billum vel
Damages, or Intereft thereon, unless Proteft be Strublum vel deinceps, ad hunc modumn Servitutis arma
made for Non acceptance, and within fourteen fufcipiat, & in manum Domini mittat. Leg. H. 1.
Days after the fame be fent, or Notice thereof given c. 78.
to the Party from whom the Bill is received, or left
in Writing at his ufual Place of Refidence. The
Bill being accepted, and not paid within three Days
after due, Proteft must be made, and Notice given
as aforefaid, to charge the Drawer, &c. Tho' no
Proteft fhall be neceffary, except the Value ſhall be
expreffed to be received in fuch Bill; and the Bill
be drawn for 20 at least. There is a Provifo in
the A&t, that nothing therein fhall difcharge any
Remedy any Perfon may have against the Drawer,
Acceptor or Indorfor of any Bill. It has been held,
that the Confideration implied in the Statute is, Birrettum, A thin Cap fitted close to the Shape
when a Man promifes by Bill or Note to pay fo of the Head: And is alſo uſed for the Cap or Coif
much Money on his own Account, it must be pre- of a Judge, or Serjeant at Law. Spelm.
Births, Burials, and Marriages, &c. By Sta-
fumed he is indebted: 'Tis otherwife where the
Promife is for another Perfon. Pafch. 8 Ann. A Parute, a Duty was granted on Births and Burials of
Bínnaríum, Binna, Benna, Stews or Water pen-
ned up for Feeding and Preferving of Fiſh.
Expenfa in Pifce ad inftaurandum Binnarium empto xii s
Confuetud. Dom. de Farend. MS. f. 29. Vide Stat.
3 Ed. 1.
Biothanctus, One who deferves to come to an un-
timely End. Ordericus Vitalis, writing of the Death
of William Rufus, who was shot by Walter Tyrrel
tell us, that the Bishops confidering his wicked
Life and bad Exit, adjudged him Ecclefiaftica veluti
Biorhanerum abfolutione indignum. Lib. 10. p. 782.
+
Perfons,
2
A
ΒΙ
Perfons, from gol. a Duke, &c. down to 10 s. and |
And the like on Marriages; alfo Bachelors a-
bove twenty five Years of Age, were to pay Is.
yearly. Stat. 6 & 7 W. 3. c. 6.
Wifacutus, An iron Weapon double-edged, ſo as
to cut on both Sides. Fecit eidem unam plagam mor-
talem de quadam Bifacuta. Fleta, lib. 1. c. 33.
Bilantium, Befantine, or Befant, An antient Coin
first coined by the Western Emperors at Bizantium
or Conftantinople. It was of two Sorts, Gold and Sil-
ver; both which were current in England: Chaucer
reprefents the Gold Befantine to have been equiva-
lent to a Ducker; and the Silver Befantine was com-
puted generally at two Shillings. In fome old Leafes
of Land, there have been referved by Way of
Rent, unum Biſantium, vel duos folidos.
Bi-fcot, At a Seffion of Sewers held at Wigen-
bale in Norfolk, 9 Ed. 3. it was decreed, That if
any one fhould not repair his Proportion of the
Banks, Ditches and Caufeys by a Day affign'd,
XII d. for every Perch unrepair'd fhould be levied
upon him, which is called a Bilaw: And if he
ſhould not by a fecond Day given him, accomplish
the fame, then he should pay for every Perch 25.
which is called Bifcot. Hift. of Imbanking and
Draining, f. 254.
ment.
:
B L
Biffertile, (Bisextilis) Leap-Year, fo called, be-
caule the fixth Day before the Calends of Marb is
twice reckon'd, viz, on the 24th and 25th of Febru-
ary; fo that the Biffextile Year hath one Day more
than the others, and happens every fourth Year.
This Intercalation of a Cay was first invented by
Fulius Cafar, to make the Year agree with the
Courfe of the Sun. And to prevent all Doubt and
Ambiguity that might arife thereupon, it is enacted
by the Statute de anno Biffextili, 21 Hen. 3. That
the Day increafing in the Leap-Year, and the Day
next before, fhall be accounted but one Day. Brit.
209. Dyer 17.
Bilus, Bifius, Mia Bifa, Panis Bifius, (Fr. Pain-
bis) Brown Bread, a brown Loaf. Cowel.
Black-Book, Is a Book lying in the Exchequer.
See Stat. Annals 154.
Black-Mail, (Fr. Maille, a Link of Mail, or
fmall Piece of Metal or Money) Signifies in the
North of England, in the Counties of Cumberland,
Northumberland, &c. a certain Rent of Money, Corn,
or other Thing, antiently paid to Perfons inhabiting
upon or near the Borders, being Men of Name and
Power, ally'd with certain Robbers within the faid
Counties; to be freed and protected from the De-
vaftations of thofe Robbers. Anno 43 Eliz. cap. 13.
Thefe Robbers were called Mofs Troopers, and feve
ral Statutes have been made against them.
9 Ed. 3. c. 4. mentions Black Money: And Black Rents
are the fame with Black Mail; being Rents formerly
paid in Provifions and Fleſh.
The
Blacks of Waltham, A Set of defperate Deer-
ftealers. See Waltham Blacks.
Black-Rod, The Gentleman Ufher of the Black
Rod, is chief Gentleman Ufher to the King: He
belongs to the Garter, and hath his Name from the
Black Rod, on the Top whereof fits a Lion in Gold,
which he carrieth in his Hand. He is called in the
Black-Book, fol. 255. Lator virge nigra, & Hoftiarius;
and in other Places Virgi bajulus. His Duty is Ad
portandum Virgam coram Domino Rege ad Feftum Sancti
Georgii infra Caftrum de Windfore: And he hath the
Keeping of the Chapter houfe Door, when a Chap-
ter of the Order of the Garter is fitting; and in
the Time of Parliament, he attends on the Houfe
of Peers. His Habit is like to that of the Register
of the Order, and Garter King at Arms; but this
he wears only at the folemn Times of the Feſtival
of St. George, and on the Holding of Chapers. The
Black Rod he bears, is inftead of a Mace, and hath
the fame Authority; and this Officer hath antiently
been made by Letters Patent under the Great Seal,
he having great Power; for to his Cuftody all
Peers, called in Queſtion for any Crime, are firſt
committed.
Bishop, (Epif.opus) Is the chief of the Clergy in
his Diocese, and the Archbishop's Suffragan or Af-
fiftant. He is elected by the King's Conge d'Eflire,
or Licence to ele&t the Perfon named by the King,
directed to the Dean and Chapter; and if they
fail to make Election in twenty Days, they incur
the Penalty of a Pramunire, and the King may no-
minate, &c. by Letters Patent. Stat. 25 H. 8. The
Dean and Chapter having made their Election,
certify it to the King, and the Archbishop, &c.
And then the King gives the Royal Affent under
the Great Seal directed to the Archbishop, com-
manding him to confirm and confecrate the Bishop
elect: And on Confirmation, a Bifhop hath Jurif
diction in his Diocefe; but he hath not a Right to
his Temporalties 'till Confecration. The Confecra-
tion of Rishops, &c. is confirmed by A&t of Parlia-
It is held a Bishop hath three Powers; ft,
His Power of Ordination, which is gain'd on his
Confecration, and not before; and thereby he may
confer Orders, &c. in any. Place throughout the
World. 2. His Power of Jurifdi&tion, which is li-
mited and confined to his Fee. 3. His Power of Ad-
miniſtration and Government of the Revenues; both
which laft Powers he gains by his Confirmation:
And fome are of Opinion, that the Bishops Jurif
diction as to minifterial Acts, commences on his
Election. Palm. Rep. 473, 474, 475. The King may
not feize into his Hands the Temporalties of Bi-
Shops but upon juft Cafe, and not for a Contempt, Blackwell-Hall. The Publick Market of Black-
which is only fipable. Bishops are allow'd four Years well-Hall is to be kept every Thursday, Friday, and
for Payment of their first Fruits, by a late Sta- Saturday, at certain Hours appointed; and the Hall-
tute: And every_Biſhop may retain four Chaplains. keepers not to admit any Buying or Selling of Wool-
Stat. 14 & 25 Ed. 3. 21 Hen. S. 8 Eliz. 6 Ann. len Cloth at the faid Hall upon any other Days or
A Bishop hath his Confiftory Court, to hear Eccle- Hours, on Penalty of 100l. Factors felling Cloth
fiaftical Caufes; and is to vifit the Clergy, &c. He out of the Market, fhall forfeit 51. &c. Registers of
confecrates Churches, ordains, admits, and infti- all the Cloths bought and fold are to be Weekly
tutes Priests; confirms, fufpends, excommunicates, kept: And Buyers of Cloth otherwife than for
grants Licences for Marriage, makes Probate of ready Money, fhall give Notes to the Sellers for
Wills, Sc. 1 Inft. 96. 2 Roll. Abr. 230. He hath his the Money payable; and Factors are to tranfmit
Archdeacon, Dean and Chapter, Chancellor, and fuch Notes to the Owners in twelve Days, or be lia-
Vicar General, to affift him: May grant Leafes for ble to forfeit double Value, &c. Stat. 8 & 9 W. 3.
three Lives, or 21 Years of Lands ufually letten, re-cap. 9.
ferving the accustomed yearly Rents. Stat. 32 H. 8.
And make concurrent Leaſes for twenty-one Years,
upon Leafes for the like Term, with Confirmation
of Dean and Chapter. Bishops are Barons and Lords
of Parliament.
•
Billa, (Fr. Biche) Cerva Major, a Hind.-
Decimam venationis noftra, fiil. de Cervis, Biffis, damis,
porcis & laiis. Mon. Ang. Vol. 1. fol. 648.
Bladarius, A Cornmonger, Meal-Man, or Corn-
Chandler. It is uſed in our Records for fuch a
Retailer of Corn. Pat. 1. Ed. 3. par. 3. m. 13.
Blade, (Bladum) In the Saxon fignifies generally
Fruit, Corn, Hemp, Flax, Herbs, c. Will. de Mo-
bun releaſed to his Brother all the Manor of T..
Salvo inftauro fuo & Blado, &c. excepting his Stock
and Corn on the Ground. Hence Bladier is taken
5
for
!
:
4
A
BL
for an Ingroffer of Corn or Grain.
Sciant
quod Ego Willielmus Alreton, confenfu voluntate
Beatricis Uxoris mea, Dedi Agathe Gille pro duabus
Marcis Argenti & una menfura Bladi, duas folidatas
Redditus in Villa Leominitr. &c. Ex libro Chartar.
Priorat. Leominftriæ.
Blanch Firmes, In-antient Times the Crown
Rents were many Times referved in Libris Albis, or
Blanch Firmes: In which Cafe the Buyer was holden
Dealbare firmam, viz. his bafe Money or Coin, worfe
than Standard, was molten down in the Exchequer,
and reduced to the Fineness of Standard Silver; or
inftead thereof, he paid to the King 12d. in the
Pound, by Way of Addition. Lowndes's Efay upon
Coin, p. 5. Blank Farm, Blount fays, was a White
Farm; that is where the Rent was paid in Silver,
and not in Cattle. Blanks, a Kind of White Money |
coin'd by Hen. 5. in thofe Parts of France which were
then fubject to England, the Value whereof was 8 d.
Stow's Annals, p. 586. Theſe were forbidden to be
-current in this Realm. 2 Hen. 6. c.9.
Blandford. An A&t for rebuilding the Town of
Blandford in the County of Dorfet, burnt down by
Fire in the Year 1731. and to determine all Diffe-
rences between Proprietors, Landlords and Tenants
of Houfes, and concerning Ground, &c. Stat.
5 Geo. 2. c. 16.
•
Blanhoznum, A little Bell, or rather Ticimium.
Pecoris Ticimium, & Canis oppa & Blanhörnum,
borum trium fingulum eft unum folidum valens. Leg.
Adelttan. cap. 8.
Blank-Bar, Is ufed for the fame with what we
call a Common Bar, and is the Name of a Plea in
Bar, which in an Action of Trefpafs is put in to
oblige the Plaintiff to affign the certain Place where
the Trespass was committed: It is moſt in Practice
in C. B. 2 Cro. Rep. 594.
•
Blafarius, Is a Word uſed to fignify an Incen-
diary. Blount.
Blafphemy, (Blafphemia) Is an Injury offered to
God, by denying that which is due and belonging
to him, or attributing to him what is not agreeable
to his Nature. Lindw. cap. 1. And Blafphemies of
God, as Denying his Being, or Providence, and all
contumelious Reproaches of Jefus Chrift, &c. are
Offences by the Common Law, puniſhed by Fine,
Imprifonment, Pillory, &c. 1 Hawk. P. C. 87. And
by Statute, if any one fhall by Writing, Speaking,
e. deny any of the Perfons in the Trinity to be
God; affert there are more Gods than one, c. he
fhall be incapable of any Office; and for the fe-
cond Offence, be difabled to fue any Action, to be
Executor, &c. and fuffer three Years Imprifonment.
9 & 10 W. 3. cap. 32.
:
*
·
Ble, Significs Sight, Colour, &c. And Blee is ta-
ken for Corn: As at Boughton under the Blee, &c.
Blench, A Sort of Tenure of Land; as to hold
Land in Blench, is by Payment of a Sugar-Loaf, a
Couple of Capons, a Bever-Hat, Sc. if the fame
be demanded in the Name of Blench, i. c. Nomine
Alba firma.
Blenheim, A Noble and Princely Houfe erected
in Honour to the Duke of Marlborough at Woodstock
near Oxford, which with the Manor of Woodstock is
fettled on the Duke and his Heirs, in Confideration
of the eminent Services by him performed to the
Publick; and for Building of which Houfe the
Sum of 500,000l. was granted by Parliament, &c.
Star. 3 & 5 Ann. 12 Ann. cap. 11.
Bleta, (Fr. Bleche) Pete, or combuftible Earth
dug up and dry'd for Burning. Minifter
Fratres de Knaresborough petunt quod infi & eorum
Tenentes fodiant Turbas & Bletas in Forefta de
Knaresborough. Rot. Parl. 35 Ed. 1.
Blinks, Boughs broken down from Trees, and
thrown in a Way where Deer are likely to paſs.
Bliffom, Corruptly called Bloom, is when a
:
BO
Ram goes to the Ewe, from the Teuton. Bletz, the
Bowels; cr from Bletzen, to accomodate.
Bloated Fish oz Herring, Are thofe which are
half dried. Anno 18 Car. 2. c. 2.
Blodeus, (Sax: Blod) Deep red Colour; from
whence comes Bloar and bloated, viz. Sanguine and
high coloured, which in Kent is called a Bloufing
Colour; and a Bloufe is there a red-fac'd Wench.
The Prior of Burcefter, A. D. 1425. gave his Live-
ries of this Colour. Paroch. Antiq. 576.
Blood, (Sanguis) Is regarded in Diſcents of Lands;
for a Perfon is to be the next and most worthy of
Blood to inherit his Anceſtor's Eſtate. 1 Inft. 13. Sce
Fenk. Cent. 203.
*
Bloodwit, or Bloudwit. (compounded of the Sax.
Blod, i. e. Sanguis and Wyte, an old English Word
fignifying Mifericordia) Is often ufed in antient
Charters of Liberties for an Amercement for Blood-
fhed. Skene writes it Bloudveit, and fays Veit in Eng-
lifh is Injuria; and that Blondeveit is an Amerciament
or Unlaw (as the Scotch call it) for Wrong or Injury,
as Bloodshed is: For he that hath Bloodveit granted
him, hath free Liberty to take all Amerciaments of
Courts for Effufion of Blood. Fleta faith, Quod fig
nificat quietantiam Mifericordiæ pro Effufione fanguinis.
Lib. 1. cap. 47. And according to fome Writers,
Blodwite was a customary Fine paid as a Compofi-
tion and Attonement for fhedding or drawing of
Blood; for which the Place was answerable, if the
Party were not difcovered: And therefore a Privi-
lege or Exemption from this Fine or Penalty, was
granted by the King, or fupreme Lord, as a fpe-
cial Favour. So King Henry II. granted to all Te-
nants within the Honour of Wallingford, Ut quieti
fint de Hidagio, & Blodewite, &c.
Antiq. 114.
-
Paroch.
Bloody-Hand, Is one of the four Kinds of Cir-
cunftances by which an Offender is fuppofed to
have killed Deer in the King's Foreft: And it is
where a Trefpaffer is apprehended in the Foreft,
with his Hands or other Parts Bloody, tho' he be not
found chafing or hunting of the Deer. Manwood.
In Scotland, in fuch like Crimes, they fay taken in
the Fact, or with the Red-hand. See Backberind.
Blubber, Is Whale Oil, before it is thoroughly
boiled and brought to Perfection. It is mentioned
Stat, 12 Car. 2. c. 18.
Wock-hord, or Book board, (Librorum horreum) A
Place where Books, Evidences or Writings are
kept.
་
Bockland, (Sax. quafi Bookland) A Poffeffion or
Inheritance held by Evidence in Writing. Bock-
land vero ea poffidendi transferendique lege coercebatur, ut
nec dari licuit nec vendi, fed hæredibus relinquenda erat,
in fcriptis aliter permitteretur; Terra inde Hæreditaria
nuncupata. LL. Aluredi, cap. 36. Bockland fignifics
Deed Land; and it commonly carried with it the
abfolute Property of the Land, wherefore it was
preferved in Writing, and poffeffed by the Thanes
or nobler Sort, as Prædium nobile, liberum & immune
a fervitiis vulgaribus & fervilibus, and was the fame as
illodium, defcendable unto all the Sons, according
to the common Courfe of Nations and of Nature,
and therefore called Gavel kind; devilable alfo by
Will, and thereupon termed Terra Teftamentales.
Spelm. of Feuds. This was one of the Titles which
the English Saxons had to their Lands, and was al-
ways in Writing: There was bur one more, and
that was Folkland, i. e. Terra Popularis, which paſſed
from one to another without any Writing. See
Charterland.
Boía, Chains or Fetters, properly what we call
Bernicles. Quidam a dolore capitis liberatus eft, adjun-
gens gene fue Boias, quibus S. Brittanus ligatus fuit.
Hift. Elien. apud Whartoni Angl. Sac. part 1. p. 618.
Wois, (Fr.) Wood, and Sub-bois, Underwood.
See Befcus.
B b
Bolhagium,
BO
В О
Bolhagium, or Boldagium, A little Houfe or Cor-
tage. Blount.
Bolt, A Bolt of Silk or Stuff, feems to have
been a long narrow Piece: In the Accounts of
the Priory of Burcefter, it is mentioned. Paroch. An-
tig. p. 574.
Bona fide. That we fay is done Bona fide, which
is done really, with a good Faith, without any Fraud
or Deceit. Stat. 13 Eliz. c. 5. 12 Car. 2. c. 18, &c.
Bona geftura, Good Abearing, or good Beha-
viour Et fi per furorem vel liquos manutentores re-
nuerit invenire ſufficientem fecuritatem de fua Bona geftu
ra erga Balivos & Comburgenfes, &c. a predicto Burgo
ejiciatur. MS. Codex de LL. Statutis & Confuetud.
Burgi ville Montgomer. fol. 15.
Bonaght, or Bonaghty, was an Exaction in Ire-
land, impofed on the People at the Will of the Lord,
for Relief of the Knights called Bonaghti, who ferved
in the Wars. Antiq. Hibern. p. 60.
the fame was found, fo that if any one within a
Year and a Day can make Proof that the Goods are
his, they fhall be restored to him, c. Ordains
that if the Goods within the Ship be Bona Peritura,
fuch Things as will not endure for a Year and a
Day, the Sheriff fhall fell them, and deliver the
Money received to anfwer it.
Boncha, A Bunch, is derived from the old Lat.
Ronna or Bunna, a rifing Bank, for the Bound of
Fields: And hence Bown is ufed in Norfolk, for
Swelling or Rifing up in a Bunch or Tumour, &c.
Bolting, A Term of Art ufed in our Inns of Court,
whereby is intended a private Arguing of Cafes.
The Manner of it at Gray's Inn is thus: An antient
and two Barristers fit as Judges, three Students
bring each a Cafe, out of which the Judges chufe
one to be argued, which done, the Students firſt Bond, Is a Deed or obligatory Inftrument in Wri
argue it, and after them the Barristers. It is infe- ting, whereby one doth bind himſelf to another, to
rior to Mooting, and may be derived from the Sax. pay a Sum of Money, or do fome other A&t; as to
Bolt, a Houfe, becauſe done privately in the Houfe make a Releaſe, ſurrender an Estate, for quiet En-
for Inftruction. In Lincoln's Inn, Mondays and Wed-joyment to ftand to an Award, fave harmless, per-
nefdays are the Bolting Days, in Vacation Time; and form a Will, &c. It contains an Obligation, with a
Tueſdays and Thursdays the Moot Days.
Penalty And a Condition, which exprefly mentions
what Money is to be paid, or other Thing to be per-
formed, and the limited Time for the Performance
thereof; for which the Obligation is peremptorily
binding. It may be made upon Parchment or Paper,
tho' it is ufually on Paper; and be either in the firſt
or third Perfon; and the Condition may be either in
the fame Deed, or in another, and fometimes it
is included within, and fometimes indorfed upon
the Obligation: But it is commonly at the Foot of
the Obligation. Bro. Obl. 67. A Memorandum on the
Back of a Bond may reftrain the fame, by Way of
Exception. Moor 675. A Bond may be made by
any Words, in a Writing fealed and delivered,
Bona Notabilià. Where a Perfon dies having wherein a Man doth declare himſelf to have ano
at the Time of his Death Goods in any other Dio- ther Man's Money, or to be indebted to him; but
cefe, befides his Goods in the Diocefe where he the beft Form of making it, is that which is moſt
dieth, amounting to the Value of 51. at leaſt, he is ufed. 2 Shep. Abr. 477. If a Bond be thus: Know
faid to have Bona Notabilia, and then Probate of all Men by thefe Prefents, that I W. R, am bound
his Will, or Granting Adminiftration, belongs to to F. S. in the Sum of, &c. for Payment of which,
the Archbishop of the Province: But this doth not I give full Power to him to levy the fame upon
prejudice thofe Dioceſes where, by Compofition or the Profits of fuch Lands yearly till it be paid;
Cuftom, Bona Notabilia are rated at a greater Sum. in this Cafe, the Obligee may fue upon the Obli-
Can. 92, 93 Perkins, Sect. 489. And in the City of gation, or levy the Money according to the faid
London Bona Notabilia are 101. by Compofition. 4 Inft. Claufe. 3 Leon. ca. 299. Where a Bond is made,
335. One that hath a Debt upon Bond or Specialty, | Obligo me, &c. leaving out the Words Heredes, Exe-
c. in another Dioceſe, hath Bona Notabilia. 1 Roll. cutores & Adminiftratores, this is good; and the Ex-
Abr. 908. Tho' if a Perfon happens to die in another ecutors and Adminiftrators fhall be bound by it.
Diocefe, than that wherein he lives, on a Journey, Dyer 13. An Obligation made to one, to the Ufe
what he hath about him above the Value of 51. of F. S. will be good for him in Equity. Bro. Oblig.
c. fhall not be Bona Notibilia. Can. 93. There 72. The Condition of a Bond muſt be to do a
muſt be ſeveral Adminiſtrations, where a Perfon Thing lawful; and Bonds not to ufe Trades, till or
dies leaving Bona Notabilia in each Province of fow Ground, &c. are unlawful, for they are a-
Canterbury and York; for Administration granted gainft the Good of the Publick, and the Liberty of
in one Province doth not extend to Goods in a Freeman; and therefore void: And a Condition
the other, becauſe the Archbishops have diftin&t of a Bond to do any A&t Malum in fe, as to kill a
fupreme Jurifdictions; but then there is to be Bona Perfon, &c. is void; fo alfo Bonds made by Dureſs,
Notabilia in feveral Diocefes in each Province. Dyer by Infants, Feme Coverts, &c. And if a Woman
305. 2 Lev. 86. If a Man dies in one Diocefe, with- through Threats or Flattery, be prevailed upon
out any Goods, and leaves to the Value of 51. in to enter into a Bond, fhe may be relieved in Chan-
another Dioceſe, the Archbishop of that Province cery. 11 Rep. 53. If an Infant feal a Bond, and be
may grant Adminiſtration, as he hath a general Ju-fued thereon, he is not to plead Non eft factum,
rifdiction there; though fuch Adminiftration is but must avoid the Bond by fpecial Pleading; for
voidable by Sentence. Cro. Eliz. 457. But where a this Bond is only voidable, and not in itſelf void.
Bishop grants Adminiſtration, and there are Bona 5 Rep. 119. But if a Bond be made by a Feme Co-
Notabilia, fuch Adminiftration is merely void, for
he had no Jurifdi&tion out of his Diocefe. 5 Rep.
30. 1 Nelf. Abr. 381.
·
vert, fhe may plead her Coverture, and conclude
Non eft factum, &c. her Bond being void. 10 Rep. 119.
If a Bond depends upon fome other Deed, and the
Bona Patría. An Affife of Country-men or good Deed becomes void, the Bond is alfo void. A Bond
Neighbours: It is ſometimes called Afifa bona Pa- made with Condition not to give Evidence againſt a
tria, when twelve or more Men are chofen out of Felon, &c. is void; but the Defendant nuft plead
any Part of the Country to pass upon an Affife; the Special Matter. 1 Leon. Condition of a Bond to
otherwife called Furatores, because they are to fwear indemnify a Perfon from any legal Profecution, is
judicially in the Prefence of the Party, &c. accord- againſt Law, and void. 1 Lutw. 667. And if a She-
ing to the Pra&ice of Scotland. Skene. See Affifors. riff takes a Bond as a Reward for doing of a Thing,
Bona peritura, Goods that are perishable. The it is void. 3 Salk. 75. Conditions of Bonds are to be
Star. 13 E 1. cap. 4. which enacts, That where any not only lawful, but poffible; and when the Mat-
Thing eſcapes alive out of a Ship caft away, the ter or Thing to be done, or not to be done by a
Ship fhall not be adjudged Wreck, but the Cargo Condition, is unlawful or impoffible, or the Condi-
thall be faved and kept by the View of the She-tion itself repugnant, infenfible or uncertain, the
riff, &c. in the Hands of thoſe of the Town where Condition is void, and in fome Cafes the Obligation
I
alfo.
BO
BO
*
a
alfo. io Rep. 120. But fometimes an Obligation tender the Money in Court. Co. Litt. 268. The
may be fingle, to pay the Money, where the Con- Condition of a Bond being for Payment of Money,
dition is impoffible, repugnant, &c. 2 Mod. 285. If it may be performed by giving any other Thing in
Thing be poffible at the Time of entering into Satisfaction, because the Value of Money is certain,
the Bond, and afterwards becomes impoffible by the and therefore may be fatisfied by a collateral
A&t of God, the A&t of the Law, or of the Obli-Thing, if the Obligee accepts it; but if the Con-
gee, it is become void; as if a Man be bound to dition is to do a collateral Thing, there 'tis other-
appear next Term, and dies before, the Obligation wife, and paying Money is no good Satisfaction. 3
is faved. A Condition of a Bond was that F. S. Bulft. 148. The Acceptance of a new Bond will not
fhould pay fuch a Sum upon the 25th of December, difcharge the old one, as a Judgment may.
or appear
in Hillary Term after in the Court of 68. One Bond cannot be given in Satisfaction of
B. R. He died after the 25th of December, and be- another; but this is where given by the Obligor
fore Hillary Term, and had paid Nothing: In this himself, for it may by others. 1 Mod. 221. If a
Cafe, the Condition was not broken for Non-pay- Bond be to pay Money on fuch a Time, &c. It is
ment, and the other Part is become impoffible by no Plea for the Obligor to fay that he did pay it;
the A&t of God. 1 Mod. Rep. 265. And when a Con- he muft fhew at what Time, or elfe it may be ta-
dition is doubtful, it is always taken moft favour- ken that the Performance was after the Time limi
ably for the Obligor, and against the Obligee; but red. Noy's Max. 15. If a Bond be of twenty Years
ſo as a reaſonable Conftruction be made as near as ftanding, and no Demand be proved thereon, or
can be according to the Intention of the Parties. good Caufe of fo long Forbearance fhewn to the
Dyer 51. If no Time is limited in a Bond for Pay-Court, upon pleading Solvit ad Diem, it fhall be in-
ment of the Money, it is due preſently, and pay-tended paid. Mod. Ca. 22. Payment of Money.
able on Demand. 1 Brownl. 53. But the Judges
have ſometimes appointed a convenient Time for
Payment, having Regard to the Diſtance of Place,
and the Time wherein the Thing may be performed.
And if a Condition be made impoffible in Refpect
to Time, as to make Payment of Money on the
30th of February, c. it fhall be paid prefently;
and here the Obligation ftands fingle. Fones 140.
Tho' if a Man be bound in a Bond with Condition
to deliver fo much Corn upon the 29th Day of
February next following, and that Month hath then
but twenty-eight Days; it has been held, that the
Obligor is not obliged to perform the Condition
till there comes a Leap-Year. 1 Leon. 101. If the
Condition of a Bond be, that the Obligor fhall make
a fufficient Eftate of Land by fuch a Time, by the
Advice of others; and they advife an Infufficient
Eftate, which he makes accordingly, this 'tis faid
is a good Performance of the Condition: But if it
is, that the Obligor do make a good and fure E-
ftate, and he by Advice of Counſel makes an E-
ftate that is not good; this will be no Performance
thereof. Perk. Sect. 776. Kelw. 95. A Bond made
to enfeoff two Perfons, if one dies before the Time
is paft, wherein it fhould be done; the Obligor
muft enfeoff the Survivor of them, or the Condi-
tion will be broken: And if it be that B. and others
fhall enjoy Land, and the Obligor and B. the Ob-
ligeo do difturb the reft; by this the Condition is
broke. 4 Hen. 7. 1. Co. Lit. 384. Where one is
bound to do an A&t to the Obligee himſelf, the do-
ing it to a Stranger by Appointment of the Obli-
gee, will not be a Performance of the Condition.
• Bulft. 149. If the A&t be to be done at a certain
Place, where the Obligor is to go to Rome, &c. And
he is to do the fole A& without Limitation of Time,
he hath Term during Life to perform the fame: If
the Concurrence of the Obligor and Obligee is re-
quifite, it may be haftened by Request of the Obli-
gce. 6 Rep. 30. i Roll. Abr. 437. Where no Place is
mentioned for Performance of a Condition, the
Obligor is obliged to find out the Perfon of the
Obligce, if he be in England, and tender the Mo-
ney, otherwiſe the Bond will be forfeited: But when
a Place is appointed, he need feek no further.
1 Inft. 210. Litt. 340. And if where no Place is
limited for Payment of Money due on a Bond, the
Obligor at or after the Day of Payment meets with
the Obligee, and tenders him the Money, but he
goes away to prevent it, the Obligor fhall be ex-
cufed. 8 E. 4. The Obligor, or his Servant, &c.
may tender the Money to fave the Forfeiture of
the Bond, and it fhall be a good Performance of bound, unless he be named exprefly in the Bond;
the Condition, if made to the Obligee, though re- tho' the Executors and Adminiftrators are.
fufed by him; yet if the Obligor be afterwards fued, if an Obligation be made to a Man, his Heirs.or
he muft plead that he is ſtill ready to pay it, and Succeffors, the Executors and Adminiftrators ſhall
without Acquittance, is an ill Plea to Action of
Debt upon a fingle Bill; but 'tis otherwiſe upon a
Bond with Condition. Dyer 25. If feveral Days are
mentioned for Payment of Money on a Bond, the
Obligation is not forfeited, nor can be fucd until
all the Days are paft: But in fome Cafes, the Ob-
ligee may profecute for the Money due by the Bond.
prefently, though it be not forfeit; and by fpecial
wording the Condition, the Obligee may be able to
fue the Penalty on the firft Default. 1 Inft. 292. In
a Bond where feveral are bound feverally, the Ob-
ligee is at his Election to fue all the Obligors to-
gether, or all of them apart, and have feveral Judg
ments and Executions; but he fhall have Satisfac-
tion but once, for if it be of one only, that ſhall
difcharge the Reft. If an Obligation is joint, and
not feveral, all the Obligors must be fued that are
bound; and if one be profecuted, he is not obliged
to anfwer, unless the Reft are fued likewife. Dyer
19, 310. Where two or more are bound in a joint.
Bond, and only one is fued, he must plead in Abate-
ment, that two more fealed the Bond, &c. and aver
that they are living, and ſo pray Judgment de Billa,
&c. And not demur to the Declaration. Sid. 420.
If a Bond is made to three, to pay Money to one of
them, they must all join in the Action, becauſe
they are but as one Obligee. Yelv. 177. If A&ion
be brought upon a Bond against two joint and feve-
ral Obligors jointly, and both are taken by Capias,
here the Death or Efcape of one, fhall not releaſe
the other; but the fame Kind of Execution mult,
be taken forth against them: "Tis otherwife when
they are fued feverally. Hob. 59. When the Con-
dition of a Bond is to do two Things, or has divers
Points, and the Obligee fuppofing a Breach of one
of them, doth fue the Obligor; if Iffue being joined
upon that, it is found against him, and he is barred,
the whole Obligation is difcharged: And fo long
as that Judgment is in Force, he can never proſe-
2 Shep.
cute upon any other Point. Dyer 371.
Abr. 487. If a drunken Man gives his Bond, it
binds him; and a Bond without Confideration is
obligatory, and no Relief fhall be had against it,
for it is voluntary, and as a Gift. Fenk. Cent. 109.
A Perfon enters voluntarily into a Bond, tho' there
was not any Confideration for it, if there be no
Fraud ufed in obtaining the fame, the Bond fhall
not be relieved againſt in Equity: Put a
luntary Bond may not be paid in a courfe of
Adminiftration, fo as to take Place of real Debts,
even by fimple Contract; yet it fhall be paid be-
fore Legacies. 1 Chan. Caf. 157.
VO-
An Heir is not
And
have
BO
BO
-
+
in one hundred Pounds of good and lawful Money
of Great Britain, to be paid to the faid C. D.
or bis certain Attorney, his Executors, Adminiftra-
tors or Affigns; To which Payment well and
truly to be made, I bind myself, my Heirs, Execu
tors and Adminiftrators, firmly by thefe Prefents,
fealed with my Seal: Dated the fixth Day of May
in the Thirteenth Year of the Reign of our Sove-
reign Lord George the Second, by the Grace of
God, of Great Britain, France and Ireland
King, Defender of the Faith, &c. and in the Year of
our Lord One Thouſand Seven Hundred and Forty.
have the Advantage of it, and not the Heir or
Succeffor, by Reafon it is a Chattel. Dyer 14, 271.
A Declaration need not be according to the Letter
of the Bond, where there is any Omiffion, &c. but
according to the Operation of Law upon it. Mod.
Caf. 228. In Bonds to fave harmleſs, the Defendant
being profecuted is to plead Non Damnificatus, &c.
A Bond may be from one to one, one to two,
three, or more Perfons; or from two or morè
Perſons to one, two, three, &c. And the Name
of the Obligor fubfcribed, 'tis faid, is fufficient,
though there is a Blank for his Chriftian Name.
in the Bond. 2 Cro. 261. But where another
Chriftian Name is in the Bond, and the Bond figned
by the right Name, though the Jury find it to
be his Deed, the Obligee cannot have Judgment;
for the Name fubfcribed is no Part of the Obli-
gation. 2 Cro. 558. 1 Mod. 107. In thefe Cafes,
though there be a Verdict, there fhall-not be Judg-
ment. Where an Obligor's Name is omitted to be
inferted in the Bond, and yet he figns and feals it;
the Court of Chancery may make good fuch an Ac-ligation to be void, or otherwiſe to be and remain in
cident; and in Café a Perfon takes away a Bond
fraudulently, and cancels it, the Obligee fhall have
as much Benefit thereby, as if not cancelled. 3 Chan.
Rep. 99, 184. If a Bond has no Date, or a falfe
Date, if it be fealed and delivered, it is good.
A Plaintiff may fuggeft a Dare in a Eond, where
there is none, or it is impoffible, &c. where the
Parties and Sum are fufficiently expreffed. 5 Mod.are called Servi, but rendered different from Vil-
282. A Bond dated on the fame Day on which a lani
Et de toto tenemento, quod de ipfo tenet in
Releafe is made of all Things ufque Diem datus, Bondagio in foca de Nortone cum pertin. Mon. Angl.
c. is not thereby diſcharged. 2 Roll. Rep. 255.2 par. fol. 609. Bonda is faid to be a Maſter of a
And where a Bond is made to another's Ufe; it muft Family. See Natious:
be ſo laid in the Obligation, or he cannot releaſe Bonis non movendis, A Writ directed to the
it, &c. Fenk. Cent. 222. A Perfon fhall not be Sheriffs of London, &c. where a Writ of Error is
charged by a Bond, though figned and fealed, with- brought, to charge them that the Perfon againſt
out Delivery, or Words, or other Thing, amount-whom Judgment is obtained, be not fuffered to re-
ing to a Delivery. I Leon. 140, A Bond may be move his Goods, till the Error is tried and deter-
good, though it contains falfe Latin, or falfe Eng-mined. Reg. Orig. 131.
The Condition of this Obligation is fuch, That if
the above-bound A: B. his Heirs, Executors or Ad-
miniftrators do and fhall well and truly pay, or
caufe to be paid unto the above named C. D. his Ex-
ecutors, Adminiftrators or Affigns, the full Sum of
Fifty two Pounds and Ten Shillings of lawful Money
of Great Britain, on or before the fixth Day of No-
vember next enfuing the Date hereof; Then this Ob-
full Force and Virtue. Or it may be thus: That if
the faid A. B. &c. do pay to the faid C. D. &c. the
full Sum of Fifty Pounds, with Intereft for the fame
after the Rate of Five Pounds per Centum per Ann.
(or with lawful Intereft) on the Day; Then, &c.
Bondage, Is Slavery; and Bondmen, in Domesday
Prior of Rochester, Antiq. of Purveyance, fol. 418. It
is thought to be fo called, as being paid by the Te-
nants by Way of Bote, or Boot, viz. as a Compenfa-
tion to the Lord for his making them Leafes, &c.
Bozdagium, The Tenure called Bordlands.. See
Ordin. Fuft. Itin. in infula de Jerfey.
ifb, if the Intent appears, for they do not make Book of Bates, A fmall Book declaring the Value
the Bond void. 2 Roll. Abr. 146. Moor 864. By the of Goods that pay Cuftom of Poundage. 12 Car. 2.
Condition of a Bond, the Intent of what Sum was Bookfellers, And Authors of Books, &c. Vide
in the Obligation, may be more eafily known, and Printing.
explained. 2 Roll. 146. And the Condition of the Wooting oz Boting Cozn, Rent Corn, anciently
Bond may be recorded, and then the Plaintiff de-fo called. The Tenants of the Manor of Hadden-
mur, &c. 1 Lut. 422. Likewife the Conditions of ham in Com. Bucks, formerly paid Booting Corn to the
Bonds may expound to whom an Obligor is bound
to pay Money; as if A. binds himſelf to B. to be
paid to A. whereas it should be to B. which Obli-
gation is good, and the Solvendum void. 1 Inft. 108,
209. Interlineation in a Bond in a Place not ma-
terial, will not make the Bond void; but if it be
altered in a Part material, it ſhall be void. 1 Nelf. Bozdaría, A Cottage, from the Sax. Bord, Do-
Abr. 391. And a Bond may be void by Rafure, &c.mus. Cum 18 Servis, 16 Villanis, 10 Bordis, &60
As where the Date, &c. is rafed after Delivery; Acris prati, &c.
which goes thro' the Whole. 5 Rep. 23. Such Words Bozdarii, or Bozdbanni, Thefe Words often
whereby the Intention of the Parties may appear, occur in Domefday, and fome think they mean Boors,
are fufficient to make the Condition of a Bond good, Husbandmen, or Cottagers. In the Domesday In-
tho' they are not proper; and it fhall not be conquifition they were diftin&t from the Villani; and
ftrued against the exprefs Words. 1 Saund. 66. If the feemed to be thofe of a lefs fervile Condition, who
Words in a Bond at the End of the Condition, That had a Bord or Cottage, with a. fmall Parcel of Land
then this Obligation to be void, are omitted, the Condi-
tion will be void; but not the Obligation: But if
the Words or else fall ftand in Force be left out, it
has no Effect to hurt either the Condition or the
Obligation. The ſtealing of any Bond or Bill, &c.
for Money, being the Property of any one, made
Felony as if Offenders had taken other Goods of
like Value. See Stat. 2 Geo. 2. c. 25. See Penalty.
Form of a Bond for Payment of Money.
K'
allowed to them, on Condition they fhould fupply
the Lord with Poultry and Eggs, and other ſmall
Provifions for his Board or Entertainment. Some
derive the Word Bordarii from the old Gall. Bords
any. Extent; as the
the Limits or extreme Parts of
Borders of a Country, and the Borderers Inhabitants
in thofe Parts.Dicuntur Bordarii, vel quod in tu-
guriis (qua Cottagia vocant) habitabant ; feu villarum li
mitibus, quafi Borderers. Spelm.
Word-halfpeny, Signifies a ſmall Toll, by Cuftom
paid to the Lord of the Town for fetting up Boards,
Tables, Booths, Sc. in Fairs and Markets: It is
derived from three Saxon Words, Bred, i. e. Board,
I A. B. of the Parish, &c. in the County helve, in Behalf of, and penning, a Toll; which in
NOW all Men by thefe Prefents, That
3
&c. Gentleman, am held and firmly bound to the Whole makes a Toll for, or in Behalf of
C. D. of, &c. in the County aforefaid, Efquire, Boards.
1
2
1
Bozdlands,
BO
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(
:
Bozplands, The Demefnes which Lords keep in [
their Hands for the Maintenance of their Board or
Table. Et Dominicum quod quis habet ad menfam fuam
& proprie, ficut funt Bordlands, i. e. Dominicum ad
menfam. Bra&. lib. 4. Tra&. 3. c. 9.
Wordlode, Was a Service required of Tenants to
carry Timber out of the Woods of the Lord to his
Houfe: Or it is faid to be the Quantity of Food or
Provifion, which the Bordary or Bordmen paid for
their Bord-Lands. The old Scots had the Term of
Burd, and Meet-burd for Victuals, and Provifions;
and Burden-fack, for a Sack full of Provender:
From whence it is probable comes our Burden at
firft.
Bozd- Service, A Tenure of Bord-lands; by which
fome Lands in the Manor of Fulham in Com. Mid.
and elsewhere, are held of the Bishop of London,
and the Tenants do now pay Six-pence per Acre in
lieu of finding Provifion, anciently for their Lord's
Board or Table. Blount.
Borg-Brigch, Borg bryce, or Burgh brych, (Sax.) a
Breach or Violation of Surety-fhip, Pledge-breach,
or of mutual Fidelity.
Cuſtom of Borough Engliſh (Littleton fays) is becauſe
the youngeft is prefumed in Law to be leaft able to
provide for himſelf. Litt. 165. This Cuftom goes
with the Land, and guides the Defcent to the
youngest Son, although there be a Devife to the
contrary. 2 Lev. 138. If a Man feifed in Fee of
Lands in Borough English, make a Feoffment to the
Ufe of himfelf and the Heirs Males of his Body,
according to the Courfe of the Common Law; and
afterwards die feifed, having Iffue two Sons, the
youngest Son fhall have the Lands by Virtue of the
Cuftom, notwithſtanding the Feoffment. Dyer 179.
If a Copyhold in Borough English be furrendered to
the Ufe of a Perfon and his Heirs, the Right will
defcend to the youngest Son according to the
Cuftom. 1 Mod. 102. And a youngeſt Son fhall in-
herit an Estate in Tail in Borough English. Noy 106.
But an Heir at Common Law fhall take Advantage
of a Condition annexed to Borough English Land; tho'
the youngest Son fhall be intitled to all Actions in
Right of the Land, &c. 1 Nelf. Abr. 396. And the
eldeft Son fhall have Tithes arifing out of Land Bo-
rough English; for Tithes of Common Right are not
Inheritances defcendable to an Heir, but come in
Succeffion from one Clergyman to another. Ibid.
347. Borough English Land being defcendable to the
youngest Son, if a younger Son dies without Iffue
Male leaving a Daughter, fuch Daughter fhall in-
herit Fure repræfentationis. 1 Salk. 243. It hath been
adjudged, where a Man hath feveral Brothers, the
youngest may inherit Lands in Borough English: Yet
it is faid where the Cuſtom is that Land fhall go to
the youngeſt Son, it doth not give it to the youngest
Uncle, for Cuftoms fhall be taken ftrictly; and those
which fix and order the Defcents of Inheritances,
can be altered only by Parliament. Dyer 179. 4
Leon. 384. Fenk. Cent. 220.
Borough, (Fr. Burg, Lat. Burgus, Sax. Borboe)
Signifies a Corporate Town, which is not a City
and alfo fuch a Town or Place as fends Burgeffes
to Parliament, the Number whereof you may find
in Cromp. Jurifd. f. 24. Verftegan faith, that Burg or
Burgh, whereof we take our Borough, metaphorically
fignifics a Town having a Wall, or fome Kind of
Incloſure about it: And all Places that in old Time
had among our Anceſtors the Name of Borough, were
one Way or other fenced or fortified. Lit. Sect. 164.
But fometimes it is uſed for Villa infignior, or a
Country-Town of more than ordinary Note, not
Walled. Lindewood upon the Provincial (ut fingula
de fenfibus) fays to this Effect, Aliqui interpretantur
Burgum effe Caftrum, vel locum ubi funt crebra caftra,
vel dicitur Burgus ubi funt per limites habitacula plura
conftituta: But he afterwards thus defines it; Burgus
dici poteft villa quæcunque, alia a Civitate, in qua eft
Univerfitas approbata. Á Borough is a Place of Safety,
Protection and Privilege, according to Sommer; and
in the Reign of King Hen. 2. Burghs had fo great
Privileges, that if a Bondman or Servant remained
in a Borough a Year and a Day, he was by that Re-
fidence made a Freeman. Glanville. And why thefe
were called Free-Burghs, and the Tradefmen in them
Free-Burgeles, was from a Freedom to buy and fell,
without Disturbance, exempt from Toll, &c. granted
by Charter: And Parliament Boroughs are faid to be
either by Charter, or Towns holden of the King in
Ancient Demefne. Brady. It is conjectured that Borhoe
or Borough, was alfo formerly taken for thofe Com
panies confifting of ten Families, which were to be
Pledges for one another; and we are told by fome
Writers that it is a Street or Row of Houfes close to
one another. Bract. lib. 3. Tract. 2. cap. 10. Lamb.
Duty of Conft. p. S.
Borough-holders, or Burholders, quafi Borboe-
ealders, Are the fame Officers with Borough-heads, or
Head Boroughs; who (according to Lambert) were the
Head Men, or chief Pledges of Boroughs, chofen by
the reft to speak and act in their Names in thofe
Things that concerned them. See Headborough.
Bozough- English, (Sax. Borhoe Englife) Is a cufto
mary Delcent of Lands, in fome ancient Boroughs,
and Copyhold Manors, that Eftates fhall defcend to
the youngest Son; or if the Owner hath no Iffue, to
his younger Brother, as in Edmunton, &c. Kitch.
102. It has been cbferved, that the Original of this
old Custom, proceeded from the Lords of certain
Lands having the Privilege to lie with their Te
nants Wives the first Night after Marriage; where-
fore in Time the Tenants obtained this Cuftom, on
purpoſe that their eldeft Sons (who might be their
Lord's Baftards) fhould be incapable to inherit their
Eftates. Praf. 3 Mod. Rep. But the Reafon of the
Bożough Goods, deviſable. As before the Statutes
of 32 & 34 Hen. 8. no Lands were devifable at the
Common Law, but in ancient Baronies; fo at the
Making of the Statute of Acton Burnel, 11 Ed. 1. c. 1.
it was doubted whether Goods were deviſable but in
ancient Boroughs: For by the Writ_De_Rationabili
parte bonorum, anciently the Goods of a Man were
partible between his Wife and Children. By the
Common Law Lands could not be deviſed from the
Heir; and here it feems as if Goods were also not
devifable from the Wife and Children, before the
Statute 11 Ed. 1.
Wozrcl-Folk, i. e. Country People, from the
Fr. Boure, floccus, because they covered their Heads
with fuch Stuffs. Blount.
Wozrowing, A Man borrows Money, Corn, or
fuch Thing of another; he may not expect the fame
again, but the like, or fo much: But if one lend
me a Horfe, &c. he muft have the ſame reſtored.
If a Thing be used to any other End or Purpoſe,
than that for which it was borrowed, the Party may
have his Action of the Cafe for it, tho' the Thing
be never the worfe; and if what is borrowed be lost,
altho' it be not by any Negligence of mine, as if I
be robbed of it; or where the Thing is impaired or
deftroyed by my Neglect, admitting I put it to no
more Service than that for which borrowed, I muſt
make it good: So where I borrow a Horfe, and put
him in an old rotten Houfe ready to fall, which falls
on and kills him, I must answer for the Horſe. But
if fuch Goods borrowed perish by the A&t of God in
the right Ufe of them; as where I put the Horſe,
c. in a ftrong Houfe, and it fall and kill him, or
it dies by Difcafe, or by the Default of the Owner,
I fhall not be charged. Co. Litt. 89. 29 Aff. 28. 2 H.
7. II.
:
Bofcage, (Bofcagium) Is that Food which Wood
and Trees yield to Cattle, as Maft, &c. from the
Ital. Bofco, Silva: But Manwood obferves, to be quit
de Bofcagio, is to be difcharged of paying any Duty
of Wind-fall Wood in the Foreft.
Cc
Bofcaría,
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of a Ship borrows Money upon the Keel or Bottom
of his- Ship, and binds the Ship itself; that if the
Money be nor paid by the Day affigned, the Cre-
ditor fhall have the Ship. But it is generally where
+
Bofcaria, Wood-Houfes from Bofcus; or Ox-
Houfes from Bos Ut ipfi poffunt Domos & Bofca-
ria fatis competentia adificare. Mon. Angl. Tom. 2. fol.
Bofcus, An ancient Word uſed in our Law, figa Perfon lends Money to a Merchant, who wants it.
nifying all Manner of Wood: The Italians make
ufe of Bofco in the fame Senfe; as the French do
Bois. Bofcus is divided into High Wood or Timber,
Haut-bois, and Coppice or Under. Woods, Sab-bois:
But the High Wood is properly called Saltus; and
in Fleta we read it Maeremium. Cum una Ca-
recta de mortuo Bofco. Pat. 10 H, 6.
Wolinnus, A certain ruftical Pipe, mentioned in
antient Tenures. By Inquifition after the Death
of Laurence Haftings Earl of Pembroke, 22 E. 3. The
Manor of Afton Cantlow in Com. Warw. is returned to
be held of the King in Capite by thefe Words; Quod
quidem manerium per fe tenetur de Domino Rege in Ca-
pite per fervitium inveniendi unum hominem Peditem, cum
quodam Arcu fine Corda, cum uno Bofinno fine cappa,
c. Ex Record. Tur. Lond.
Exc.
T
to Traffick, and is to be paid a greater Sum at the
Return of the Ship, ftanding to the Hazard of the
Voyage; in Regard to which, though the Intereſt
be greater than five per Cent. or what is allowed
by Law, it is not Ufury. For Money lent to Sea
is allowed a larger Intereft than Money advanced
on Land, by Reafon 'tis furniſhed at the Hazard of
the Lender, and if the Ship perishes, the Lender
fhares in the Lofs; fo that there is no real Secu--
rity, as in Cafe of Lands, &c.
And the greater
the Danger is, the greater may be the Profit reafon-
ably required for the Money advanced. Lex Mercat.
122, Money lent on Bottomry is either on the bare
Ship, (the ufual Way) or upon the Perfon of the
Borrower, and fometimes upon both: The firſt is
where a Man takes up Money, and obliges himself,
Woltar, An Ox-Stall. This Word occurs in Mat. that if fuch a Ship fhall arrive at fuch à Port, then
Parif. Anno 1234. And in Ingulphus. Fecit tum to repay perhaps in long Voyages near double the
horrea, Boftaria, ovilia, &c.
Sum lent; but if the Ship happens to mifcarry,
Wote, (Sax.) Signifies a Recompence, Satisfac-then nothing. But when Money is lent at Intereft,
tion or Amends: Hence comes Manbote, Compen- it is delivered at the Peril of the Borrower, and
fation, or Amends for a Man flain, &c. In King the Profir of this is merely the Price of the Loan;
Ina's Laws is declared what Rate was ordained for whereas the Profit of the other, is a Reward for the
Expiation of this Offence, according to the Quality Danger and Adventure of the Sea, which the
of the Perfon flain. Lamb. cap. 99. From hence Lender takes upon himſelf, and makes the Intereft
likewiſe we have our common Phraſe, To Boot, i. e. lawful. Sea Laws 206, 207. Then there is ufura
Compenfationis gratia. There are Houfe bote, Plough Marina, joining the advanced Money, and the Dan-
hote, c. Privileges to Tenants in cutting of Wood, ger of the Sea together; and this is obligatory
c. Vide thofe Words, and Skene verbo Bote. fometimes to the Borrower's Ship, Goods and Per-
Botclefs, fine remedio. In the Charter of H. 1. fon. Where Bonds or Bills of Bottomry are fealed,
to 7 ho. Archbishop of York, it is faid, that no Judg- and the Money is paid, if the Ship receives Injury
ment or Sum of Money fhall acquit him that com- by Storm, Fire, &c. before the Beginning of the
mits Sacrilege; but he is in English called Botelefs, Voyage, then the Perfon borrowing only runs the
viz. without Emendation. Lib. Albus penes Cap. de Hazard, unless it be otherwife provided; as that
Suthnet. Int. Plac. Trin. 12 Ed. 2. Ebor. 48. We reif the Ship fhall not arrive at fuch a Place, at fuch
tain the Word ſtill in common Speech; as it is Boot- a Time, &c. there the Contra&t hath its Beginning
lefs to attempt fuch a Thing; that is, it is in vain to from the Time of the Scaling: But if the Condition
attempt it.
be, that if fuch a Ship fhall fail from London to
Botellaría, A Buttery or Cellar, in which the any Port abroad, and fhall not arrive there, &c.
Butts and Bottles of Wine, and other Liquors are re- then, &c. there the Contingency hath not. its Be-
pofired.
Veniet ad Palatium Regis, & ibit in ginning till the Departure. A Mafter of a Ship
Botellariam, & extrahet a quocunque vafe in dicta Bo- may not take up Money on Bottomry, in Places
¡ellaria invento, vinum quantum viderit neceſſarium pro where his Owners refide, except he be a Part-
factura unius picheri claretti. Anno 31 Ed. 1.
Owner, and then he may only take up fo much as
his Part will answer in the Ship; for if he exceeds
that, his own Eftate is liable to make Satisfaction;
but when a Mafter is in a ftrange Country, where
there are no Owners, nor any Goods of theirs, nor
of his own; and for Want of Money he cannot per-
Piform his Voyage, there he may take up Money up-
cagium, Stallagium, Bothagium & Tollagium, &c. de on Bottomry, and all the Owners are chargeable
novo Mercato infra villam de Burceftor, Com. Oxon. thereto; but this is underftood where Money can-
Paroch. Antiq. p 680.
Botha, A Booth, Stall, or Standing in a Fair or
Market. Et duas menfuras liberas ad Bothas fuas
faciendas. Mon. Angl. 2. par. fol. 132.
Bothagium, Boothage, or customary Dues paid
to the Lord of the Manor or Soil, for the pitching
and ſtanding of Booths in Fairs or Markets..
Wothna, or Buthna, feems to be a Park where
Cattle are inclofed and fed. Hector Boetius lib. 7.
cap, 123. Bothena, alfo fignifies a Barony, Lordship,
c. Skene.
Botiler of the King, (Pincerna Regis) Is an Offi-
cer that provides the King's Wines, who (accord-
ing to Fleta) may by Virtue of his Office take out
of every Ship laden with Sale Wines, Unum dolium
eligere in prora navis ad opus Regis & aliud in puppe,
pro qualibet pecia reddere tantum 20 folid. Mercatori. Si
autem plura inde habere voluerit, bene licebit, dum tamen
pretium fide dignorum judicio pro Rege apponatur. Fleta
lib. 2. cap. 21. This Officer fhall not take more
Wine than he is commanded, of which Notice ſhall
be given by the Steward of the King's Houfe, &c.
on Pain of forfeiting double Damages to the Party
grieved; and alfo to be imprifoned and ranfomed
at the Pleafure of the King. Stat. 25 Ed. 3. cap. 21.
45 Ed. 3. 6. 3.
Bottomry, (Fenus Nauticum) Is when the Mafter
not be procured by Exchange, or any other Means:
And in the firft Cafe, the Owners are liable by their
Veffel, though not in their Perfons; but they have
their Remedy against the Master of the Ship. Leg.
Oleron. 1. 4. Some Mafters of Ships who had infured
or taken up Money upon Bottomry to a greater Va-
lue than their Adventure, having made it a Pra-
&tice to caft away and deftroy the Ships under their
Charge; by Stat. 10 Car. 2. c. 6. it is made Felony,
and the Offenders fhall fuffer Death. Vide 1 Ann.
T
Form of a Bill of Bottomry.
O all People to whom thefe Prefents fhall come, I
A. B. of, &c. Owner and Master of the Ship
called, &c. of the Burden of two hundred Tons, now
riding at, &c. and bound for, &c. in the West Indies,
fend Greeting: Whereas I the faid A. B. am at this
Time neceffitated to take up upon the Adventure of the faid
Ship, called, &c. the Sum of 100 l. for fetting forth
the faid Ship to Sea, and furnishing her with Provifions
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for the faid Voyage, which C, D. of, &c. Merchant,
bath on Request lent unto me, and Supplied me with at
the Rate of 20 1. for the faid 100 1. during the faid
Voyage: Now know ye, That I the faid A. B. do by
thefe Prefents, for me, my Executors and Adminiftrators,
covenant and grant to and with the faid C. D. that the
faid Ship Shall with the first fair Wind after the Day, &c.
depart from the River of Thames, and fall, as Wind and
Weather Shall ferve, proceed in her Voyage to, &c. in
the Weft Indies; and having there tarried until, &c.
and the Opportunity of a Convey, or being fooner difpatch-
ed (which shall first happen) fhall return from thence,
and ſhall as Wind and Weather Shall ferve, directly fail
back to the River of Thames to finish her faid Voyage:
And I the faid A. B. in Confideration of the faid Sum of
1001. to me in Hand paid by the faid C. D. at and be-
fore the Sealing and Delivery of thefe Prefents, do hereby
bind myself, my Heirs, Executors and Adminiftrators,
my Goods and Chattels, and particularly the faid Ship,
with the Freight, Tackle, and Apparel of the fame, to
pay unto the faid C. D. bis Executors, Adminiftrators or
Aligns, the Sum of 120 1. of lawful British Money,
within one and twenty Days next after the Return and
fafe Arrival of the faid Ship, in the faid River of Thames,
from the faid intended Voyage. And I the faid A. B. do
for me, my Executors and Adminiftrators, covenant and
grant, to and with the faid C. D. his Executors and Ad-
miniftrators by thefe Prefents, That I the faid A. B. at
the Time of Sealing and Delivery of these Prefents, am
true and lawful Owner and Maſter of the faid Ship, and
have Power and Authority to charge and ingage the faid
Ship as aforefaid; and that the faid Ship fhall at all
Times after the faid Voyage, be liable and chargeable for
the Payment of the 120 l. according to the true Intent
and Meaning of thefe Prefents. And lastly, it is hereby
declared and agreed, by and between the faid Parties to
thefe Prefents, that in Cafe the faid Ship fhall be loft,
mifcarry, or be cast away before her next Arrival
in the Jaid River of Thames, from the faid intended
Voyage, that then the faid Payment of the faid 1201. fhall
not be demanded, or be recoverable by the faid C. D. his
Executors, Adminiftrators or Affigns; but fhall cease and
determine, and the Lofs thereby be wholly born and fuf-
tained by the faid C. D. bis Executors and Adminiftrators:
And that then and from thenceforth every Act, Matter
and Thing herein contained on the Part and Behalf of the
faid A. B. fhall be void; any Thing herein contained to the
contrary notwithstanding. In Witness, &c.
Bovata Terræ, As much Land as one Ox can
plough. Cujus fingule Bovatæ funt quindecim a-
cra terra: Mon. Angl. par. 3. fol. 91. See Oxgang.
Bouche of Court, Commonly called Budge of
Court, was a certain Allowance of Provifion from
the King, to his Knights and Servants, that attend-
ed him in any military Expedition. The French
Avoir bouche a Court is to have an Allowance at Court,
of Meat and Drink: From Bouche, a Mouth. But
fometimes it extended only to Bread, Beer, and
Wine. And this was antiently in Ufe as well in the
Houſes of Noblemen, as in the King's Court, as ap-
pears by the following Indenture. Cefte Endenture
fait parentre Lui Nobles Hommes Monfieur Tho. Beau-
champ, Counte de Warwick, d'une part, & Monfieur
Johan. Ruffel de Strengefham Chevalier, de autre part,
tefmoigne que le dit Johan. eft, &c. Et Avera pur la
pees, . Bouche au Court pur lui mefne, &c. Donne
a noftre Chastel de Warwich le 29 jour del Moys de
March, l'an du regne le Roy Richard le Second puis le
Conquest, &c.
obícula, An Heifer, or young Cow; which in
the Eaft Riding of Yorkshire is called a Whee, or
Whey.
Bound, or Boundary, (Bunda) The utmoſt Li-
mits of Lands, whereby the fame is known and af
certained. Secundum metas, Meras, Bundas, &
Marchias Forefta. 18 Ed. 3. Itin. Pick. fol. 6. See
4 Inft. 318.
•
Bounty of D. Anne, for maintaining poor Cler-
gymen. Stat. 2 Ann. See First Fruits.
Bow-bearer, An under Officer of the Foreft,
whofe Office is to overfee, and true Inquifition
make, as well of fworn Men as unfworn in every
Bailiwick of the Foreft; and of all Manner of Treí-
paffes done, either to Vert or Venifon, and caufe
them to be prefented, without any Concealment in
the next Court of Attachment, &c. Crompt. Jurif.
fol. 20.1.
Wowyers, One of the antient Companies of the
City of London. A Bowyer dwelling in London, was
to have always ready fifty Bows of Elm, Witch-
Hafle, or Afh, well made and wrought, in Pain of
10 s. for every Bow wanting; and to fell them at
certain Prices, under the Penalty of 40 s. Stat. 8
Elix. c. 10. And Parents and Mafters were to pro-
vide for their Sons and Servants, a Bow and two
Shafts, and caufe them to exercife Shooting, on
Pain of 6s. and 8 d. &c. by our antient Statutes.
12 Ed. 4. 33 H.8.
Bracelets, Hounds, or rather Beagles of the
fmaller and flower Kind.- Rex conftituit J. L.
Magiftrum canum fuorum vocatorum Bracelets, &c.
Pat. 1 Rich. 2, p. 2. m. 1.
Bracenarius, (Fr. Braconnier) A Huntfman, or
Mafter of the Hounds. Rex mandat Baronibus
quod allocent Rob. de Chadworth Vicecom. Lincoln.
lvi s. vii d. quos per præceptum Regis liberavit Johan. de
Bellovento pro putura feptem Leporariorum & trium Fal
conum & Lanerar. & pro vadiis unius Bracenarii a die,
&c. ufque, &c. prox. fequen. utroque die computato, viz.
pro putura cujuflibet Leporarii & Falconis 1. d ob. & pro
vadiis predicti Bracenarii per diem 11 d. Anno 26 Ed. 1.
Rot. io. in Dorfo.
Bracetus, A Hound: Brachetus is in Fr. Brachet,
Braco Canis fagax, indagator Leporum: So as Braco
was properly the large fleet Hound; and Brachetus,
the fmaller Hound; and Brachete the Bitch in that
Kind. Concedo eis duos Leporarios & quatuor Bra-
cetos ad Leporem capiendum. Monaftic. Ang. Tom. 2.
pag. 283.
racínum, A Brewing: The whole Quantity of
Ale brewed at one Time, for which Tolfeftor was
paid in fome Manors. Bracina a Brew house. MS.
penes Will. Dugdale, &c.
Brandy, A Liquor made chiefly in France, and
extracted from the Lees of Wine. In the Stat. 20
Car. 2. cap. 1. upon an Argument in the Exchequer
Anno 1668. whether Brandy were a Streng water or
Spirit, it was refolved to be a Spirit: But in the Year
1669, by a Grand Committee of the whole House
of Commons, it was voted to be a Strong water por-
fe&tly made. See the Stat. 22 Car. 2. cap. 4. In lieu
of Custom Duties, granted by 7 & 8 W. 3. on Bran-
dy imported from France, there fhall be paid by the
Importer for every Gallon of fingle Proof 1 s. and
double Proof 2 s. &c. by Stat. 6 Geo. 2. c. 27. Sec
Cufton.
zafium, Signifies Malt: In the antient Statutes
Brafiator is taken for a Brewer, from the Fr. Braſſeur;
and at this Day is ufed for a Maltfter or Malt-
Boberium, or Boveria, An Ox-houfe: Loca maker. It was refolved 18 Ed. 2. Quod venditio Bra-
ubi Stabulantur Boves. Gloff. in 10 Script. And in the fii non eft venditio victualium, nec debet puniri ficut ven-
Monafticon, Ad faciendum ibi Boverias fuas & alias ditio Panis, Vini & Cervifiæ, & hujufmodi contra formam
Domos ufibus neceffarias, &c. Mon. Angl. par. 2. fol. Statuti. To make Malt was a Service paid by fome
Tenants to their Lords. In Manerio de Pidington
quilibet virgatarius præparabit Domino unum quarterium
Brafii per Annum, fi Dominus inveniet Bofcum ad fic-
candum. Paroch. Antiq. p. 496.
210.
Bovettus, A young Steer, or caftrated Bullock.
Unus Bovetrus mas, quatuor Boviculæ fœmina. Pa-
roch. Antiq. p. 287.
Bals,
3
BR
BR
!
Wafs, Is to be fold in open Fairs and Markets, Covenant, it is cured by Verdict, though ill upon
or in the Owners Houfes, on Pain of 10 1. and to be Demurrer. 1 Vent. 114, 126. Formerly a Plaintiff
worked according to the Goodnefs of Metal wrought could affign but one Breach in Action of Debt upon
in London, or fhall be forfeited: Alfo Searchers of a Bond for Performance of Covenants, tho' ſeveral
Brafs and Pewter are to be appointed in every City Things were broken, for one Breach being proved,
and Borough by Head Officers, and in Counties by was a Forfeiture of the Bond: But in Action of
Juftices of Peace, &c. and in Default thereof, any Covenant, as many Breaches might be affigned as
other Perfonskilful in that Myſtery, by Overfight the Plaintiff would, becauſe the Plaintiff might have
of the Head Officer, may take upon him the Search a particular Damage upon each Covenant broken;
of defe&ive Brass, to be forfeited, &c. Stat. 19 H. and a feveral Iffuc muſt be taken upon every Breach.
7. c. 6. Brafs and Pewter, Bell-metal, &c. fhall 1 Nelf. Abr. 406. And now by Statute, in Action
not be ſent out of the Kingdom, on Pain of For-on Bend for Performance of Covenants, the Plain-
feiting double Valuc, &c. 33 Hen. 8. c. 7. 23
Ed. 6. c. 37.
·
fhall acknowledge Satisfaction, if the Execution be
executed: But the Judgment fhall ſtill ftand as a
Security to answer the future Breach of any Cove-
nant in the Decd; for which the Plaintiff or his
Executors, &c. may have a Scive facias upon fuch
Judgment againſt the Defendant. Stat. Ibid.
Biead and Beer, The Affife of Bread, Beer and
Ale, &c. is granted to the Lord Mayor of London
and other Corporations: Bakers, &c. not obferving
the Affife, to be fet in the Pilory. Stat. 51 H. 3.
Bread of Treet, or Trite, (Panis Tritici) Is
Bread mentioned in the Statute 51 Hen. 3. of Af
fife of Bread and Ale; wherein are particularized
Wafel Bread, Cocket Bread, and Bread of Treet, which
answer to the three Sorts of Bread now in Uſe,
called White, Wheaten, and Houfe hold Bread. In
religious Houfes they heretofore diftinguiſhed Bread
by theſe ſeveral Names, Panis Armigerorum, Panis
Conventualis, Panis Puerorum, & Panis Famulorum.
Antiq. Not.
tiff may affign as many Breaches as he plea fes, and
the Jury fhall affefs Damages and Cofts for ſuch
Breach of Promife, (Violatio Fidei) A Breaking Covenants as are proved to be broken. Stat. 89 W.
or Violating a Man's Word. And Breach fignifies 3. cap. 10. And where Judgment fhall be given for
where a Perſon commits any Breach of the Condition the Plaintiff in fuch Action on a Demurrer, Nil di-
of a Bond, or his Covenant, &c. entered into, on cit, c. he may fuggeft on the Roll as many Breaches
Action upon which the Breach must be affigned. In as he thinks fit; upon which a Writ of Enquiry
Debt on Bond, conditioned to give Account of fhall go, &c. And if before Execution executed,
Goods, &c. a Breach must be alledged, or the Plain-the Defendant brings the Cofts and Damages into
tiff will have no Caufe of Action. 1 Saund. 102. Court, Execution fhall be ftayed; and the Plaintiff
And when a Breach is affigned it muft not be gene-
ral, but must be particular; as in Action of Cove-
nant for not repairing of Houfes, the Breach ought
to be affigned particularly, what is the Want of
Reparation. If one covenants, he was feifed, and
Breach is affigned that he was not ſeiſed, it muſt be
fet forth who is feifed, &c. Cro. Fac. 369. But on
mutual Promiſe for one to do an Act, and in Confi-
deration thereof another to do fome Act, as to fell
Goods, &c. for ſo much Money, a general Breach
that the Defendant hath not performed his Part, is
well affigned. 3 Lev. 319. If the Condition of a
Bond confifts of feveral Parts, the Defendant in
Pleading is to fhew that he hath performed the
feveral Matters contained in the Condition: But
where a Covenant confists of ſeveral Parts in the
Affirmative, Performance generally is a good Plea.
Sid. 215. In Cafe of a Bond for Performance of an
Award, if the Defendant pleads any Matter by
which he admits a Non-performance, and excufes
it, the Plaintiff in his Replication must fhew the A- Wiecca, (from the Fr. Breche) A Breach or Decay.
ward, and affign the Breach, that the Court may fee In fome antient Deeds there have been Covenants
an Award was made, and judge whether it was for repairing Muros & Breccas, Portas & Foffata,
good or not; for if it fhould be of a void Part &c. De Brecca Aqua inter Woolwich & Green-
thereof, it need not be performed. 1 Salk. 138. wich fupervidend. Pat. 16 Ric. 2. A Duty of 3 d. per
Breaches affigned ought to be according to the very Ton on Shipping was granted for amending and
Words of the Condition or Covenant; when they Stopping of Dagenham Breach, by Stat. 12 Ann.
may be well enough though too general. 1 Lutw. c. 17.
I
326. Where a Thing is to be done by a Perfon or Brede, A`Word ufed by Bracton for Broad; as
his Affigns, the Breach is to be that it was done nei- too large and too Brede, is proverbially too long and
ther by the one or the other. 5 Mod. 133. If a Per- too broad. Bract. lib. 3. tract. 2. c. 15. There is alſo
fon is to tender a Conveyance, &c. to another, hisa Sax. Word Brede, fignifying Deceit. Leg. Canut.
Heirs or Affigns, Breach affigned that the Defendant
did not tender a Conveyance to the Plaintiff, with-
out the Words his Heirs or Affigns, is good: But if
the Tender be to be made by another Man, his
Heirs, &c. and not to him, it is otherwife. 1 Salk 139.
Where a Leffee for Years is to leave all the Tim-
ber on the Land, which was growing there at the
Time of the Leafe, and he cuts down any Trees,
though he leaves the Timber on the Land at the
End of his Leafe, this is a Breach of Covenant: For
in Contracts the Intention of Parties is chiefly to be
confidered. Raym. 464. If Lands are only except-
ed out of a Leafe, and a Perfon is difturbed in en-
Bzenagium, A Payment in Bran, which Tc-
joying them by the Leffee, this is no Breach of Co-nants antiently made to feed their Lords Hounds.
venant; though it is faid it might be otherwife if a
Way, Common, &c. be excepted. Moor 553. A zetoyle, or retois, The Law of the Marches
Perfon brings an Action for a Covenant broken, he of Wales, in Practice among the ancient Britains.
ought to affign the Breach of it in fuch a Manner, -Ego Henricus de Penebrugge dedi omnibus libe
that the Defendant may take an Iffue. 1 Lill. Abr. ris Burgenfibus meis Burgi mei de Penebrugge omnes
240. If feveral Breaches are affigned, and the De-Libertates & liberas confuetudines fecundum Legem de
fendant demurs upon the whole Declaration, the Bretoyfe, &c. Pat. fine Dat. Here Legem de Bretoyfe
Plaintiff ſhall have Judgment for all that are well is faid to fignify Legem Marchiarum; for Penebrugge,
affigned, for they are as feveral A&tions. Cr. Fac. 557. now called Pembridge, is a Town in Herefordjire
Where a Declaration affigns no particular Breach of which borders upon Wales.
4
cap. 44-
redwite, (Sax. Bread and White) A Fine or Pc-
nalty impofed for Defaults in the Affife of Bread:
To be exempt from which, was a fpecial Privilege
granted to the Tenants of the Honour of Walling-
ford by King Hen. 2. Paroch. Antiq. 114.
zehon. In Ireland the Judges and Lawyers were
anciently tiled Brehons; and thereupon the Irish
Law called the Brebon Law. 4 Inft. 358.
Breifna, Wether-Sheep. Concedo Deo Ego Mo
nachis 30 Breifnas fingulis Annis. Mon. Angl. Tom. 1.
cap. 406.
Blount.
Brevc,
警
​i
}
:
BR
BR
=
Writ.
Wzeve perquirere, To purchaſe a Writ or Li
cence of Trial, in the King's Courts, by the Plain-
tiff, qui Breve perquifivit: And hence comes the
Ufage of paying 6 s. 8 d. Fine to the King, where
the Debt is 401. and of 10 s. where the Debt is
100 1. &c. in Suits and Trials for Moncy due upon
Bond.
Brebe, Is any Writ by which a Man is fummoned lor, Treaſurer, Juftices of both Benches, Barons
or attached to anfwer an Action, or whereby any of the Exchequer, &c. fhall be sworn not to ordain
Thing is commanded to be done in the King's or nominate any Perfon in any Office for any Gift,
Courts, in order to Justice, &c. It is called Breve Brocage, &c. 12 R. 2. c. 2. And the Sale of Offices
from the Brevity of it; and is directed either to concerning the Adminiftration of publick Juftice,
the Chancellor, Judges, Sheriffs, or other Officers,c. is prohibited on Pain of Forfeiture and Difabi-
whofe various Forms you may fee in the Regifter. lity, &c. by 5 & 6 Ed. 6. c. 16. In the Conftruction
Breve, quia breviter paucis Verbis inten- of the laft mentioned Statute, it has been refolved
tionem proferentis exponit & explanat, &c. Bratt. lib. 5. that the Offices of the Ecclefiaftical Courts are
Tract. 5. cap. 17. See Skene de verb. Breve. Vide within the Meaning of that Act, as well as the Of
fices in the Courts of Common Law; and been ad-
judged, that one who contracts for an Office, con-
trary to the Purport of the faid Statute 5 & 6 E. 6.
is fo difabled to hold the fame, that he cannot be
reftored to a Capacity of holding it by any Grant
or Difpenfation whatfoever. Cro. Fac. 269, 386.
Hawk. P. C. 171. Officers of the Cuftoms, &c. ta-
king any Bribe or Reward, whereby the Crown
fhall be defrauded, fhall forfeit 100l. and be ren-
dered incapable of any Office. Stat. 14 Car. 2. c.11.
But there is a faving Claufe for the firft Offence,
acknowledging it in two Months. No Perfon fet-
Man-ting up for Member of Parliament, fhall after the
Tefte of the Writ of Election, or after any Place
becomes vacant, give any Bribe of Money, Meat,
Drink, Gift, Reward, &c. in order to be elected,
on Pain of Difability to ferve in Parliament. 7 W.
3. cap. 4. And Electors taking Bribes, are difabled
to vote, and to hold any Office or Franchiſe, and
fhall alfo forfeit 500 1. c. by Stat. 2 Geo. 2. c. 24.
If Money is given to a Man to be difpofed of in
Bribes, the Giver may recover it back again in an
Action; and where one gave a Bribe to a Cuſtom-
houfe Officer, for exempting Goods from the Pay-
ment of Dutics, this being found out, and the Goods
feized, the Party recovered his Money. 1 Ld. Ray. 89.
Breve de Belo, À Writ of Right, or Licence
for a Perfon ejected out of an Estate, to fue for
the Poffeffion of it when detained from him. Vide
Recto.
Wzevibus & Rotulis liberandis, A Writ or
date to a Sheriff to deliver unto his Succeffor the
County, and the Appurtenances, with the Rolls,
Briefs, Remembrances, and all other Things be-
longing to that Office. Reg. Orig. fol. 295.
22ewers, Are to put their Drink in Veffels
mark'd by a Cooper, or forfeit 3 s. 4 d. a Barrel;
and not felling it at reaſonable Rates, appointed by
Juftices of Peace, incur a Forfeiture of 6 s. for
every Barrel, Kilderkin 3 s. 4 d. c. by Stat. 23 H.
8. cap. 4. And Brewers are to make an Entry at
the Excife Office once a Week of Liquors brewed,
under Penalties, c. 12 & 15 Car. 2. 7 SW.3 If
Brewers mix any Sugar, Moloffes, &c. in brewing
Beer or Ale, they fhall forfeit 201. Stat. 1 Ann.
cap. 3. See Excife.
Wzíbour, (Fr. Bribeur) Seems to fignify in fome
of our old Statutes, one that pilfers other Men's
Goods. 28 Ed. 2. cap. 1.
Bricolls, An Engine mentioned in Blount, by
which Walls were beat down.
Bribery, (from the Fr. Briber, to devour or cat
greedily) Is a high Offence, where a Perfon in a
judicial Place takes any Fee, Gift, Reward or Bro-
cage, for doing bis Office, but of the King only. Bricks, Are to be made between the 1ft Day of
3 Inft. 145. But taken largely it fignifies the Re- Marth and 29th of September, and fhall be burnt ei-
ceiving, or Offering, any undue Reward, to or by ther in Kilns, or diftin& Clamps, &c. Alfo Place-
any Perfon concerned in the Adminiftration of pub-Bricks when burnt, must not be less than nine Inches
lick Juftice, whether Judge, Officer, &c. to a&t con- long, two Inches and a half thick, and four and a
trary to his Duty; and fometimes it fignifies the quarter wide, on Pain of forfeiting 20 s. à Thou-
Taking or Giving a Reward for a publick Office. fand, . Searchers of Bricks and Tiles fhall be
•
3 Inft. 149. Hob. 9. A Bribe of Money tho' fmall, appointed by Juftices of Peace in their Quarter-
the Fault is great; and Judges Servants may be pu- Seffions, who are to make Prefentments, and may
nished for receiving Bribes. If a Judge refufes a be fined 101. for Defaults: Combinations to advance
Bribe offered him, the Offerer is punishable. Forte-the Price of Bricks, Ingroffing them, &c. incurs a
fcue, cap. 51. Bribery in judicial or minifterial Offi- Penalty of 20 1. And mixing Mould, Soil or Mud
cers is punished by Fine and Imprifonment. Before with Brick Earth, is liable to Penalties. Stat. 12
the Statute 25 Ed. 3. Bribery in a Judge was locked | Geo. 1. cap. 33. 2 Geo. 2. cap. 15. But Bricks may be
upon as fo heinous an Offence, that it was fome made of Brick Earth and Sea-Coal Aſhes fifted not
times punished as High Treafon; and it is at this exceeding a certain Quantity; and Cinders or Breeze
Day punishable, with Forfeiture of Office, Fine and may be ufed with Coal in the Burning of Bricks,
Imprifonment. In the Reign of King James I. the and Stock-Bricks and Place- Bricks burnt in the fame
Earl of M. Lord Treafürer of England, being Clamp, being fet in diftant Parcels, &c. by 3 Geo. 2.
impeached by the Commons, for refuſing to hear cap. 22.
Petitions referred to him by the King, 'till he had ridge, (Pons) A Building of Stone or Wood e-
received great Bribes, &c. was by Sentence of the re&ted a-cross a River, for the common Eaſe and
Lords, deprived of all his Offices, and difabled to Benefit of Travellers. At Common Law those who
hold any for the Future, or to fit in Parliament; are bound to repair publick Bridges, must make
also he was fined fifty thousand Pounds, and impri-them of fuch Height and Strength, as ſhall be an-
foned during the King's Pleaſure. 1 Hawk. P. C. 170. fwerable to the Courfe of the Water; and they
In the eleventh Year of King George I. the Lord are not Trefpaffers if they enter on any Land ad-
Chancellor M had a milder Punishment: He joining to repair them, or lay the Materials necef-
was impeached by the Commons with great Zeal, fary for the Repairs thereon. Dalt. cap. 16. Com-
for Bribery, in felling the Places of Mafters in Chan-mon Bridges being built for the common Eafe of
cery for exorbitant Sums, and other corrupt Practi- the People, of common Right ought to be repaired
Gosc.
ces, tending to the great Lofs and Ruin of the by the County; but a particular Perfon, Town,
Suitors of that Court, and the Charge being made may be bound to repair them by Tenure, or Pre-
good against him, being before devefted of his Of- feription. 6 Mod. 307. And if a Man erects a Bridge
fice, he was fentenced by the Lords to pay a Fine for his own Ufe, and the People travel over it as a
of thirty thousand Pounds, and imprifoned 'till it common Bridge, he fhall notwithstanding repair it :
was paid. Vide the Trial. By Statute, the Chancel-Though a Perfon fhall not be bound to repair a
D d
Bridge
?
13
BR
BR
་
with
their General Seffions, may purchaſe or agree
Perfons for any Piece of Land, not above one Acre,
near to any County Bridge, in order to enlarge or
more conveniently rebuild it; and the Ground
fhall be paid for out of the Money raifed by Virtue
of the 12 Geo. 2. for better affeffing, collecting, and
levying of Country Rates, &c. No Perfons are
compellable to make a new Bridge but by A&t of
Parliament: And the Inhabitants of the whole
County cannot of their own Authority change a
Bridge from one Place to another. If a Man has
Toll for Men and Cattle paffing over a Bridge, he
is to repair it; and Toll may be paid in thefe Cafes,
by Prefcription, or Statute. The Stat. 12 Geo. 1.
cap. 36. for Building a Bridge cross the River Thames
at Fulham, appoints a Toll or Pontage to be paid.
for Coaches, Horfes, Carts, Foot-Paffengers, &c.
and burning or pulling down the Bridge, is Felony.
And by 9 Geo. 2. c. 29. A Bridge is to be built on the
Bridgemakers. There are Bridgmafters of Lon-
don Bridge, chofen by the Citizens, who have cer-
tain Fees and Profits belonging to their Office,
and the Care of the faid Bridge, &c. Lex Londin.
283.
Bridge, built by himſelf for the common Good and
Publick Convenience, but the County muft repair
it. 2 Litft. 701. 1 Salk 359. Where Inhabitants of
a County are indicted for not repairing a Bridge,
they must fet forth who ought to repair the fame,
and traverfe that they ought. 1 Vent. 256. A Vill
may be indicted for a Neglect in not repairing of
a Bridge; and the Juftices of Peace in their Seffions
may impofe a Fine for Defaults. And any particu-
lar Inhabitant of a County, or Tenant of Land
charged to Repairs of a Bridge, may be made Dc-
fendants to an Indictment for not repairing it, and
be liable to pay the Fine affeffed by the Court for
the Default of the Repairs; who are to have their
Remedy at Law for a Contribution from those who
are bound to bear a proportionable Share of the
Charge. 6 Mod. 307. If a Manor is held by Te-
nure of repairing a Bridge, or Highway, which
Manor afterwards comes into feveral Hands, in
fuch Cafe every Tenant of any Parcel of the De-Thames, from New Palace yard, Westminster, to the
mefnes and Services, is liable to the whole Charge, Shore in Surrey, for which Purpofe Commiffioners
but fhall have Contribution of the Reft; and this are appointed, &c. They are to leave a Paffage
though the Lord may agree with the Purchafers to thro' the Arches of 760 Feet, and may remove
difcharge them of fuch Repairs, which only binds Shelves of Gravel or Sand, to make the River
the Lord, and doth not alter the Remedy which deeper; this Bridge fhall not be deemed a County
the Publick hath. 1 Dany. Abr. 744. 1 Salk. 358. Bridge, and 100,000 l. is ordered for Building it.
Another A& fince made grants
Indi&ments for not repairing of Bridges, will not lic 10 & 11 Geo. 2.
but in the Cafe of common Bridges on Highways; 325,000l. and a fubfequent Statute 275,000l. for
tho' it hath been adjudged they will lie for a Bridge finishing this Bridge, to be raiſed by Way of Lottery;
on a common Footway. Mod. Caf. 256. Not keeping alfo the Commiffioners are empower'd to lay out
up a Ferry, being a common Paffage for all the new Ways, Streets and Paffages on each Side of the
King's People, is indictable, as well as not keep-Thames to and from the faid Bridge, &c. See 13,
ing up Bridges. 1 Salk. 12. All Houfholders dwel- 14 6 15 Geo. 2. See also County-Rates.
ling in any County or Town, whether they occupy
Lands or not; and all Perfons who have Land in
their own Poffeffion, whether they dwell in the
faine County or not, are liable to be taxed as In-
habitants, towards the Repairs of a publick Bridge,
by the Stat. 22 H. S. cap. 5. Where it cannot be
difcovered who ought to repair a Bridge, it must be
prefented by the Grand Jury in Quarter-Seffions;
and after their Inquiry, and the Order of Seffions
upon it, the Juftices may fend for the Conftables
of every Parish, to appear at a fixed Time and
Place, to make a Tax upon every Inhabitant, &c.
But it has been ufual, in the levying of Money
for Repairs of Bridges, to charge every Hundred
with a Sum in Grofs, and to fend fuch Charge to
the High Conftables of each Hundred, who ſend
their Warrants to the Petry Conftables, to gather
it, by Virtue whereof they affefs the Inhabitants of
Pariſhes in particular Sums, according to a fixed
Rate, and colle& it; and then they pay the fame
to the High Conftables, who bring it to the Seffions.
This Method of raifing Money, tho' it be contrary
to the Statute 22 H. 8. has been obferved fome Years
paft; but by the 1 Ann. cap. 18. Juftices in Seffions,
upon Prefentment made of Want of Reparations,
are to affefs every Town, Parish, &c. in Proportion
towards the Repairs of a Bridge; and the Money af
feffed is to be levied by the Conftables of fuch Pa-
rishes, &c. and being demanded, and not paid in
ten Days, the Inhabitants fhall be diftrained; and
when the Tax is levied, the Conftables are to pay
it to the High Conftable of the Hundred; who is
to pay the fame to fuch Perfons as the Juftices fhall
appoint, to be employed according to the Order of
the Juftices, towards Repairing of the Bridge: And
the Juftices may allow any Perfon concerned in the
Execution of the A&t 3 d. per Pound out of the Mo-
ney collected. All Matters relating to the Repair-
ing and Amending of Bridges, are to be determined
in the County where they lic, and no Prefentment
or Indictment fhall be removed by Certiorari. And
by this Statute, the Evidence of the Inhabitants of
thofe Places where the Bridges are in Decay, fhall be
admitted at any Trial upon an Information or In
di&tment, c. By 14 Geo. 2. c. 33. The Jultices at
Brief, (Brevis) An Abridgment of the Client's
Cafe, made out for the Inftruction of Counſel, on
a Trial at Law; wherein the Cafe of the Plaintiff
&c. is to be briefly but fully ftated, the Proofs inuft
be placed in due Order, and proper Answers made
to whatever may be objected against the Client's
Caufe, by the oppofite Side; and herein great
Care is requifite, that nothing be omitted to
danger the Caufe. Form of a Brief, fce Pract. Solic.
pag. 311.
en-
Brief al Evefque, A Writ to the Bishop, which
in Q Impedit fhall go to remove an Incumbent, un-
lefs he recover or be prefented pendente lite. 1 Kcb.
386.
Briefs, or Licenfes to make Collection for Lofs by
Fire. Stat. 4 & 5 Ann. cap. 14. Vide Churchwar-
dens.
Bríga, (Fr. Brigue) Debate, or Contention.
Et pofuit terram illam in Brigam & intricavit terram,
fcilicet, per diverfa fraudulenta Feoffamenta; Ideo commit
titur Marefc. Ebor. Hill. 18 Ed. 3. Rot. 28.
M.
Brigandine, (Fr. in Lat. Lorica) Is a Coat of
Mail or ancient Armour, confifting of many jointed
and ſcale-like Plates, very pliant and easy for the
Body. This Word is mentioned in 45 P.
cap. 2. and fome confound it with Haubergeon; and
others with Brigantine, a long but low-built Veffel,
fwift in failing, ufed at Sea.
Wigantes, A Word ufed for Yorkshire, Lancashire,
Bishoprick of Durham, Westmorland and Cumberland.
Blount.
Bulgbote, or Bug-bote, Signifies to be freed
from the Reparation of Bridges. It is compound-
ed of the Sax. Brig, a Bridge, and Bote, which
is a Yielding of Amends, or Supplying a De-
fect: But this is more properly Bruk-bote, from
the Gerni. Bruck, i. e. a Bridge, and Bote, a Com-
penfation; and it is used for the Liberty or
Exemption of being free from Tribute or Con-
ribution towards the Mending or Re-edifying of
Bridges.
4
BR
BU
1.
1
Bridges. Fleta, lib. 1. c. 47. Selden's Titles of Ho- |
nour, fcl. 622.
+
Bristol, A great City, famous for Trade: The
Mayor, Burgeffes and Commonalty of the City of
Bristol, are Confervators of the River Avon from
above the Bridge there to King-Road, and fo down
the Severn to the two Iflands called Holmes; and the
Mayor and Juftices of the faid City, may make
Rules and Orders for preferving the River, and
regulating Pilots, Mafters of Ships, &c. Alfo for
the Government of their Markets: And the Streets
are to be kept clean and paved; and Lamps or
Lights hung out at Night. Stat. 11 & 12 W. 3. c. 23.
No Perfon fhall act as a Broker in the City of Bri-
ftol, till admitted and licenfed by the Mayor and
Aldermen, &c. on Pain of forfeiting 500l. and
thofe who employ any fuch, to forfeit 501. &c. by
Stat. 3 Geo. 2. c. 31.
Brocage, (Brorcagium) The Wages or Hire of a
Broker; which is alfo termed Brokerage. 12 R. 2.
c. 2. and 11 H. 4. Ex Broccagio, vel alio finiftro
pacto. Rot. Stat 31 Ed. 3.
Brocella. This Word, as interpreted by Dr. Tho.
roten, fignifieth a Wood; and it is faid to be a
Thicker or Covert of Buſhes and Brufh-wood, from
the obfolete Lat. Brufca, terra Brufcofa, & Brocia,
Fr. Broce, Brocelle: And hence is our Brouce of Wood,
and Broufing of Cattle. Dedi unam Brocellam vo-
cat. &c. Reg. de Thurgaton, MS.
Brocha, (From the Fr. Broche) An Awl, or large
Packing Needle, the Ufe whereof is very well
known. A Spit in fome Parts of England is called a
Broche; and from this Word comes to pierce or
broach a Barrel. That it was an Iron Inftrument,
you may learn from the following Authority.
Henricus de Havering tenet Manerium de Norton in
Com. Effex, per Serjeantiam inveniendi unum hominem,
cum uno equo, &c. & uno facco de corio, & una Bro
chia ferrea. Anno 13 Ed. 1.
Wrochia, A great Can or Pitcher. Bract. lib. 2.
tract. i. cap. 6. Where it ſeems that he intends Sac-
cus to carry dry, and Brochia liquid Things.
pery.
rodehalfpeny, or Broadhalpeny. See Bordhalf
曲
​cept or refufe Stock, or in the Nature of Wagers,
c. relating to the Value, incur the like Penalty
of 500 1. And negotiating Agreements knowingly,
for the Sale of Stock, where the Seller is not actu-
ally poffeffed of the fame, &c. fhall forfeit 1001.
And Brokers fhall keep a Book called the Broker's
Book; in which they fhall enter all Contracts and
Agreements, with the Names of the Buyers and
Sellers, and Day of making Contracts, &c. to be pro-
duced when required, on Pain of 50l. Stat. 7 Geo. 2.
cap. 8. There are likewife Pawn-brokers, who com-
monly keep Shops, and let out Money to poor ne-
ceffitous People upon Pawns, for the moft part on
Extortion; but there are more properly Pawn-ta-
kers, and are not of that Antiquity or Credit as the
former; nor do the Statutes allow them to be Bro-
kers, though now commonly fo called. These Bro
kers often deal in ftolen Goods, as they buy them
cheap, and are a great Nufance: Notwithstanding
there is a Law declaring that wrongful Sale of
Good's ſtolen, &c. to and by Brokers, ſhall not alter
the Property; and if they do not difcover fuch
Goods at the Requeft of the Owner, they are to
forfeit double Value. I Fac. 1. cap. 21. The Rea-
fon of exorbitant Intereft being taken by theſe
Brokers, is the Want of Witneffes to prove the Con-
tract, or other Proof of the Money taken but the
Party's own Evidence; but they may be puniſhed
for their Extortion on an Action, Qui tam, &c. See
Pawn.
Furati
Brok, An old Sword or Dagger. —
dicunt fuper facramentum, quod Johannes de Monemne
Miles per Robertum Armigerum fuum, percuffit Adam
Gilbert Capellanum de Wilton, in gutture quodam Gla-
dio, qui dicicur Brok, per qucd propinquior erat Morti,
c. Rot. Parl. 35 Ed. 1.
offus, Bruifed or injured with Blows, Wounds,
or other Caſualty.
Corvel.
Brothel-Houses, Lewd Places, being the com-
mon Habitations of Proftitures. King Hen. 8. by
Proclamation, in the 37th Year of his Reign, fup-
preffed all the Stews or Brothel-Houses, which had
long continued on the Bank fide in Southwark, con-
trary to the Law of God and of the Land. 3 Inft.
205. A Brothelman was a looſe idle Fellow; and a
Feme Bordelier or Brothelier, a common Whore. And
Borel-man is a Contraction of Brothelman. Chaucer.
See Bawdy Houfe.
Bauere. This the Latines call Erica, and figni-
fies Heath Ground: And Brueria, Briars, Thorns,
or Heath, from the Sax. Brær, Briar. Humphry
Duke of Gloucefter grants the Forefter of Shotore and
Stowode, tantum de Arboribus & Brucriis, quantum pro
vestura indiguerit, habebit. Paroch. Antiq. 620.
Brokers, (Broccatores, Broccarii Auxionarii) Are
thofe that contrive, make and conclude Bargains
and Contracts between Merchants and Tradefmen,
in Matters of Money and Merchandize, for which
they have a Fee or Reward. Theſe are Ex bange
Brokers; and by the Statute 10 R. 2. cap. 1. they
are called Broggers; alfo Broggers of Corn is uſed in a
Proclamation of Queen Elizabeth for Badgers. Ba-
ker's Chron. fol. 411. The Original of the Word is
from a Trader broken, and that from the Sax. Broc,
which fignifies Misfortune, which is often the true zuillus, A Wood or Grove; Fr. Breil, Breuil,
Reafon of a Man's Breaking; fo that the Broker a Thicket or Clump of Trees in a Park or Forest.
came from one who was a broken Trader by Mi-Hence the Abby of Bruer, in the Foreft of Wichwood
fortune, and none but fuch were formerly admitted in Com. Oxon: And Bruel, Brehul, or Brill, a Hunt-
to that Employment; and they were to be Free- ing Seat of our antient Kings in the Foreft of Bern-
men of the City of London, and allowed and ap-wood, Com. Bucks..
proved by the Lord Mayor and Aldermen, for their
Ability and Honefty. By the Stat. 8 & 9 W 3. cap.
20. they are to be licensed in London by the Lord
Mayor, who gives them an Oath, and takes Bond
for the faithful Execution of their Offices: If any
Perfons fhall a&t as Brokers, without being thus li-
cenſed and admitted, they fhall forfeit the Sum of
500 1. And Perfons employing them 501. And Bro-
kers are to regifter Contracts, &c. under the like
Penalty: Alfo Brokers fhall not deal for theinfelves,
on Pain of forfeiting 2001. They are to carry
about them a Silver Medal, having the King's Arms
and the Arms of the City, &c. and pay 40 s. a Year
to the Chamber of the City. Stat. 6 Ann. c. 16. A
Penalty of 500l. is inflicted on lawful Brokers fel
ling Shares of Stock not authorized by A&t of Par-
liament, by Stat. 6 Geo: 1. cap. iS Brokers negotia | Clauf. 26 Ed. 1. m. 8. intus.
ting or tranfa&ting Contracts, on Premiums to ac-
|
Bruella
Bruilletus, A fmall Coppice or Wood. Dedi-
mus Willielmo B. Licentiam claudendi duos Bruilletos,
qui funt extra regardam Foreftæ noftra quorum unus eft
inter Swinburn & Eftorbrig. Cart. Ric. 1.
feems likewife to fignify a little Wood, or Heathy
Ground. In Dominicis Bofcis Domini Epifcopi, f.il.
in Bruellis ex parte auftrali Regii itineris. Reg. Priorat.
de Wermley, fol. 24.
Bulcia, Sometimes fignifics a Wood: And in
Mon. Angl. Charta nofira confirmavinius centum acras
tam de terra quam de Brufcia de Manerio de Riveria.
Monaft. Tom. I. pag. 773.
Bzulua and B¿ufula, Brouſe or Bruſhwood. Men.
Ang! Tom. 1. fol. 7.73.
Et quod Malefactores
noctanter cum Gladiis & Bucklariis, ac aliis Armis &c.
Bucklarium. A Buckler.
Buck@tall.
1
BU
BU
BuckCall. A Toil to take Deer, which by the
Stat. 19 Hen. 7. is not to be kept by any Perfon that
hath not a Park of his own, under Penalties. There
is a Privilege of being quit of Amerciaments for
Buckstalls. Et fint quieti de Chevagio, Hordpeny,
Buckftall, de omnibus Mifericordiis, &c. Privi-
leg. de Semplingham. See 4 Inft. 306.
Buckwheat, Is the fame with French Wheat, ufed
in many Counties of this Kingdom: In Effex it is
called Brank; and in Worcestershire, Crap. It is men-
tioned in the Stat. 15 Car. 2. c. 5.
Bucínus, A military Weapon for a Footman.
Petrus de Cherwood tenet per Serjantiam
inveniend, unum bominem peditem, cum una lancea, &
uno Bucino ferreo, c. Tenures, pag. 74.
and Houfe, of the Thickness of two Bricks in
Length in the Ground Story, &c. or he fhall for
feit 501. leviable by Warrant of Juftices of Peace.
And Party-pipes are to be fix'd on the Sides of fuch
Houfes, for conveying Water falling from the Tops
thereof into the Channels, &c. Stat. 6 Ann. c. 30r
11 Geo. I; c. 28.
Bull and Boar, By the Cuftom of fome Places,
a Parfon may be obliged to keep a Bull and a Boar
for the Ufe of the Parishioners, in Confideration of
his baving Tithes of Calves and Pigs, &c. 1 Roll.
Abr. 559. 4 Mod. 241.
Bullio Salis, As much Salt as is made at one
Wealing or Boiling: A Meaſure of Salt, ſuppoſed to
be twelve Gallons Mon. Ang. Tom. 2.
Bull, (Bulla) A Brief or Mandate of the Pope
or Bifhop of Rome, from the Lead, or fometimes
Gold Seal affixed thereto; which Mat. Paris, Anno
1237. thus deſcribes: In Bulla Domini Papa Stat. I-
mago Pauli a dextris Crucis in medio Bulla figurata, &
Petri a finiftris. Thefe Decrees of the Pope are
often mentioned in our Statutes, as 25 Ed. 3. 28 H.
8. cap. 16. 1 & 2 P. & M. c. 8. `and 13 Eliz. cap. 2.
Buggery, or Sodomy, comes from the Italian Bug- And have been heretofore ufed, and of Force in
gerare, to bugger; and is defined to be a carnal Co- this Land: But by the Statute 28 Hen. 8. it was en-
pulation against Nature, and this either by the Con-acted, That all Bulls, Briefs and Difpenfations had
fufion of Species; that is to fay, a Man or a Wo- or obtained from the Bishop of Rome, ſhould be
man with a brute Beat; or of Sexes, as a Man void. And by 13 23 Eliz. If any Perfon fhall
with a Man, or Man unnaturally with a Woman. obtain from Rome any Bull or Writing to abfolve or
12 Co. Rep. 36. This Sin against God, Nature, and reconcile fuch as forfake their due Allegiance, or
the Law, 'tis faid was brought into England by the fhall give or receive Abfolution by Colour of fuch
Lombards. Rot. Parl. 50 Ed. 3. numb. 58. Stat. 25 H. 8. Bull, or ufe or publish fuch Bull, &c. it is High
cap. 6. And in antient Times, according to fome Treafon.
Authors, it was punishable with Burning, though
others fay with burying alive: But at this Day it is
Felony excluded Clergy, and punished as other Fe-
lonies. 25 Hen. 8. cap. 6. and 5 Eliz. 17. And it is
Felony both in the Agent and Patient confenting,
except the Perfon on whom committed be a Boy un-
der the Age of Diſcretion; when 'tis Felony only
in the Agent: Alfo Perfons prefent, aiding and
abetting to this Crime, are all Principals; and the
Statutes make it Felony generally: There may be
Acceffaries before and after the Fact; but though
none of the principal Offenders fhall be admitted
to Clergy, the Acceffaries are not excluded it. I Buitel, Is the Bran or Refufe of Meal after
Hale's Hift. P. C. 67o. For many Years paft, the dreffed by the Baker; alfo the Bag wherein it is
Crime of Buggery has been greatly practifed in this dreffed is called a Bulter or rather Boulter. The
Kingdom, without any exemplary Punishment of Word is mentioned in the Statute de Affifa panis Er
the Committers of it; till Anno 12 Geo. 1. a great Cervifia, Anno 51 Hen. 3. Hence comes Bulted or
Number of thefe Wretches were convicted of the Boulted Bread, being the coarfest Bread.
moft abominable Practices, and three of them put Bundles, A Sort of Records of the Chancery. ly-
to Death; which feaſonable Juftice feems to have ing in the Office of the Rolls; in which are con-
given a Check to the before growing Evil. In eve- tained, the Files of Bills and Anfwers, of Hab. Corp.
ry Indictment for this Offence, there must be the cum Caufa, Certiorari's, Attachments, &c. Scive fa-
Words, Rem habuit veneream & carnaliter cognovit, &c.cias's, Certificates of Statutes-Staple, Extents and
and of Confequence fome Kind of Penetration and
Emiffion must be proved; but any the leaft Degree
is fufficient. 1 Hawk 6. The general Words of
theſe Indictments are, that A. B. on fuch a Day, at,
c. with Force and Arms, made an Affault upon
C. D. and then and there wickedly, devilishly, fe-
lonioufly, and againſt the Order of Nature, com-
mitted the Vencrcal A&t with the faid C. D. and car-ufed in Forefts.
nally knew him, and then and there wickedly, &c.
did with him that fodomitical and deteftable Sin
called Buggery, (not to be named among Chriftians)
to the great Difpleaſure of God, and Difgrace of
all Mankind, &c. This Crime is excepted out of
our Acts of General Pardon,
•
Buildings. If a Houfe new built exceeds the an-
cient Foundation, whereby that is the Canfe of hin-
dering the Lights or Air of another Houfe, A&tion
lies against the Builder. Hob. 131. In London a Man
may place Ladders or Poles upon the Ground, or
against Houſes adjoining for building his own; but he
may not break Ground: And Builders of Houfes,
ought to have Licence from the Mayor and Alder-
men, &c. for a Hourd in the Streets, which are not
to be incumbered. Cit. Lib. 30, 146. In new building
of London, it was ordained that the Outfides of the
Buildings be of Brick or Stone, and the Houfes for
the principal Streets to be four Stories high, having
in the Front Balconies, &c. by Stat. 19 Car. 2. If
any Perfon build any new Houfe in London, he muft
erect a Party-Wall of Brick or Stone between Houſe
4
|
|
Bullion, (Fr. Billon) The Ore or Metal whereof
Gold is made; and fignifies with us Gold or Silver
in Billet, in the Mafs before it is Coined. Anno 9
Ed. 3. cap. 2.
Liberates, Superfedeas's, Bails on Special Pardons,
Bills from the Exchequer of the Names of She-
riffs, Letters Patent furrendered and Deeds căn-
celled, Inquifitions, Privy Seals for Grants, Bills
figned by the King, Warrants of Efcheators, Cu-
ftomers, c.
Burcheta, (From the Fr. Berche) A kind of Gum
Burcifer Regis, Purfe-bearer, or Keeper of the
King's Privy Purfc. Pat. 17 Hen. 8.
Burdare, To jeft or trifle. Quod nulli veniart
ad turniadum vel Burdandum, nec ad alias quafcunque
Aventuras, &c. Mat. Paris, Addit. p. 149.
Burgage, (Burgagium) An ancient Tenure proper.
to Boroughs, whereby the Inhabitants by Cuftom
hold their Lands or Tenements of the King, or
other Lord of the Borough, at a certain yearly Rent.
Old Tenures. It is a Kind of Socage Tenure, and
fignificth the Service whereby the Borough is hol-
den; and the King hath nothing to do with Heirs
of this Land, whether they be under fourteen, or
above that Age, and under twenty-one. 1 x 109.
Jenk. Cent. 127. Savinburn ranks it inter ignobiles Te-
nuras. And 37 Hen. 8. c. 20. Item ron Utimur facere
fidelitatem vel Servicium forinfecum Dominis Feodorum
pro terris & Tenementis noftris, nifi tantummodo redditus
noftros de eifdem terris exeuntes; quia tenemus terras &
tenementa noftra per Servicium Burgagii, ita quod non
habemus Medium inter nos & Dominum Regem. MS. Co-
dex de LL. Statutis & Confuctud. Burgi villa Mont-
gomer.
BU
BU
gomer. à temp. Hen. 2.
Antiently a Dwelling-
houfe in a Borough-Town, was called a Burgage.
Sciant Quod Ego Editha, &c. Dedi In liberam, puram
& perpetuam Eleemofynam totum illud Burgagium cum
Edificiis &pertin. fuis quod jacet in Villa Leominstr.
Ex libro Chartarum Priorat. Leom'.
Burgh, A small walled Town, or Place of Privi-
lege, &c. See Bor:ugh.
Burg-bote, (from Burg, Caftellum, and Bote, Com-
penfatio) Is a Tribute or Contribution towards the
Building or Repairing of Caſtles, or Walls of a Bo-
rough or City: From which divers had Exemption
by the antient Charter of the Saxon Kings. Raftal.
Burg-bore fignificat quietantiam Reparationis murorum
Civitatis vel Burgi. Fleta, lib. 1. c. 47.
Burgeftes, (Burgarii Burgenfes) Are properly
Men of Trade, or the Inhabitants of a Borough or
walled Town; but we ufually apply this Name to
the Magiftrates of fuch a Town, as the Bailiff and
Burgeffes of Leominster, &c. In Germany, and other
Countries, they confound Burgefs and Citizen; but
we diftinguish them as appears by the Stat. 5 R. 2.
cap. 4. where the Claffes of the Commonwealth are
thus enumerated, Count, Baron, Banneret, Chivaleer
de Countee; Citizein de Citee; Burgefs de Burgh Sec Co.
Lit. 8o. We now alfo call thofe Burgeffes, who ferve
in Parliament, for any Borough or Corporation:
And no Man is qualified to be fuch a Burgess, that
hath not an Eftate of 300l. a Year, clear of all In-
cumbrances. Stat. 9 Ann. cap. 7. Vide Borough.
Burgh-breche, A Fine impofed on the Commu-
nity of a Town, for the Breach of the Peace, &c.
Angli omnes decemvirali olim fidejuffione pacem Regiam
ftipulati funt, quod autem in hanc Commiffum eft, Burgh-
brech dicitur, &c. Leg. Canuti, cap. 55.
Burgherithe, or Burgheriche, Is a Word ufed in
Domesday, fignifying Violatio Pacis in Villa. Blount.
Burghmote, A Court of a Borough Et habeatur
in Anno ter Bergefmotus, &c. nifi fæpius fit, & inter
fit Epifcopus Aldermannus, & doceant ibi Dei rectum
Sæculi LL. Canuri, MS. cap. 44.
Burghware, (quafi Burgivir) A Citizen or Burgefs.
Willielmus Rex Salut. Willielmum Epifcopum,
Godfredum Portgrefium,& omnem Burghware
infra London. Charta Willielmi fen. Londinenfibus con-
fecta.
Burglary, (Burglaria, from the Sax. Burgh, Do-
mus, or Arx, Laron, furtum) Is where a Man
breaketh and entereth the Houfe of another in
the Night-time, to the Intent to commit fome Felo-
ny, whether the Intention be executed or not. 4 Co.
39. In the natural Signification, Burglary is no-
thing but the Robbing of a Houfe; but our Law
reftrains it to Robbing a Houfe by Night, or Break-
ing in with an Intent to rob, or do fome other Fe-
his Foot over the Threshold of the Door of the
Houfe, or put his Hand, Piftol, &c. within the Doo!
or Window, it is an Entry fufficient to make it Bar-
glary. H. P. C. So, S1, Though the Houfe is to be
a Manfion-houfe, and the Out-houfes adjoining to
the Manfion-houfe are Part thereof, wherein this
Crime may be committed; but not a Barn, Stable,
&c. at any Diſtance from the Houfe. 4 Reb. 40.
Part of a Houfe divided from the reft, having a
Door of its own to the Street, this is a Manfion
houfe of him who hires ir. Kel. 84. A Chamber in
an Inn of Court, where one ufually lodges is a Man
fion-house; for every one hathi a ſeveral Property
there. But a Chamber where any Perfon 'doth
lodge as an Inmate, cannot be called his Manfion;
though if a Burglary be committed in his Lodgings,
the Indictment may lay the Offence to be in the
Manfion-houſe of him that let them. 3 Inft. 65. Kel.
83. If the Owner of the Houfe breaks into the
Rooms of his Lodgers, and fteals their Goods, it
cannot be Burglary to break into his own Houfe;
but it is Felony to fteal their Goods. Wood's Inft. 378.
A Lodger in an Inn, hath a fpecial Intereft in his
Chamber; fo that if he opens his Chamber Door,
and takes Goods in the Houfe, and goes away, it
feems not to be Burglary. And where A. enters into
the Houfe of B. in the Night, by the Doors open,
and breaks open a Cheft, and steals Goods without
breaking an inner Door; it is no Burglary by the
Common Law, becauſe the Cheft is no Part of the
Houfe: Though it is a Felony oufted of Clergy by
Statute; and if one break open a Counter or Cup
board, fixed to a Houſe it is Burglary. 1 Hale's Hift.
P.C. 554. See 3 & 4 W. & M. The Intention to
commit Felony to make Burglary must be of fuch
a Fact, as was Felony at Common Law; and not of
a Felony newly made by A&t of Parliament: But
the Offences of Burglary and Felony may be joined
in the fame Indictment; and where a Man commits
Burglary, and at the fame Time fteals Goods out
of the Houfe, if he be acquitted of the Burglary,
he may notwithſtanding be indicted of the Larceny.
2 Hale's Hift. P. C. 245. Taking away Goods from
a Dwelling houfe in the Night or Day, where any
Perfon is therein; and breaking any Shop, Ware-
houfe, &c. and taking away Goods privately to
the Value of 5s. though no Perfon be therein, is
Burglary, by Stat. 3 & 4 W. & M, c. 9. 10 & II
W. 3. cap. 23. And a Reward of 40 1. is given by
the Statute for apprehending a Burglar, and profe-
cuting him to Conviction. 5 Ann. cap. 31. See Stat.
12 Ann. cap. 7.
An Indictment for Burglary.
HE Jurors, &c. upon their Oath pre-
lony: And the like Offence committed by Day is Dorfet, fl. fent, that A. B. of, &c. in the faid
called Houfe breaking, to diftinguifli it from Burglary.
T
break and enter the Mansion boufe of C.D. Esquire, at,
&c. in the County aforefaid, in the Night time, that is
to say, between the Hours of ten and eleven of the Clock
in the Evening of the fame Day, (one E. F. then being
in the fame House in the Peace of God and of our Sove-
reign Lord the King) and then and there feloniously did
feal, take and carry away Twenty Pounds of lawful
Money, and also, &c. of the Goods and Chattels of the
faid C. D. then and there found in the faid Houſe, a-
gainst the Peace of our faid Lord the King, his Crown
and Dignity.
It is an Offence excluded the Benefit of Clergy, County, Labourer, on the Day of, &c. in the Year of
and may be committed a great many Ways: And if the Reign, &c. with Force and Arms,_ did feloniouſly
a Man hath two Houfes, and refides fometimes in
one of the Houſes, and fometimes in the other, if
the Houſe he doth not inhabit is broken by any
Perfon in the Night, it is Burglary. Poph. 52. And
when feveral come with a Defign to commit Bur-
glary, and one does it, while the reft watch near
the Houfe, here his A& is by Interpretation the
A&t of all of them. Wood 377. If Thieves pretend
Buſineſs to get into a Houfe by Night, and there-
upon the Owner of the Houfe opens his Door, and
they enter and rob the Houfe, this is Burglary. Kel.
42. Alfo if a Perfon be within the Houfe, and fteal
Goods, and then open the Houſe on the Infide,
and go out with the Goods, this is Burglary, though
the Thief did not break the Houfe. 3 Inft. 64. If a
Thief unlocks a Door, or draws the Latch of a Burials, Perfons dying are to be buried in Wool-
Room, to rob, &c. Or if one comes down a Chim-len, on Pain of forfeiting 54. And Affidavit is to
ney, opens a Window, breaks a Hole in the Wall, be made of fuch Burying before a Justice, &c. un-
c. all thefe are a Breaking: And if the Thief fet der the like Penalty. Stat. 30 Car. 2. c. 3.
Buri, A Word fignifying Husbandmen.In
Upton funt 18 Villani, 11 Bordarii, & duo Buri, &c.
Mon. Angl. Toin. 3. p. 183.
Ес
Burneta,
:
+
:
BU
BY
Burneta, Cloth made of dy'd Wool. A Burnet the Casks and Pots; and old bad Butter fhall not
Colour must be dy'd; but Brunus Color may be made be mixed with good, nor fhall Butter be repacked
with Wool without Dying, which we call Medleys for Sale, which incurs Forfeiture of double Value,
or Ruffets. Differentia inter Brunum Colorem & Burc. And Sellers and Packers of Butter fhall pack
netam; Brunus enim color poteft fieri ex lana abfque it in good Casks, and fer their Names thereon,
tinctura, viz. Ruſſetum: Burnetum vero requirit tinctu- with the Weight of the Cask and Butter, in Pain of
Stat. 13 & 14 Car. 2. cap. 26.
ram & artificium hominis quoad colorem Lynde wood. 10s.
Butter and
Thus much is mentioned becaufe this Word is fome- Cheeſe may be tranfported: Buyers of Butter are co
put Marks on Casks; and Perfons opening them af
terwards, or putting in other Butter, &c. fhall for-
feit 20 s. 22 Car. 2. cap. 13. 455 W. & M. c. 7.
times wrote Bruneta.
Burning of Houfes, Outhoufes, &c. Vide Arfon.
Burrochium, A Burrock, or finall Wear over a
River, where Wheels are laid for the taking of
Fish. Cowel.
•
Burla, A Purſe. Reddendo inde ad Burfam Abba
tis vi. d. ad Feftum Sancti Michaelis, &c. Ex lib.
Chart. Priorat. Leominftr.
Burfaría, The Burfery, or Exchequer of Colle-
giate and Conventual Bodies; or the Place of Re-
ceiving and Paying, and accounting by the Burſarii,
or Burfers, A. D. 1277. Computaverunt Patres Radul-
phus de Meriton, & Stephanus de Oxon. de Burfaria
Domus Bernceftre coram Auditoribus. Paroch. Antiq.
pag. 288. But the Word Burfarii did not only fig.
nify the Burfars of a Convent or College; but for-
merly Stipendiary Scholars were called by the Name
of Rurfarii, as they lived on the Burfe or Fund, or
publick Stock of the University. At Paris, and
among the Ciftertian Monks, they were particularly
termed by this Name: And In ea Univerfitate
(feil. Oxon.) funt clara Collegia a Regibus, Reginis,
Epifcopis, & Principibus fundata, & ex Stipendiis eorum
Scholaftici plurimi utuntur, quos Parifiis Burfarios vo
camus. Johan. Major, Geſt. Scor. lib. 1. c. 5.
Burfe, (Burfa, Cambium, Bafilica) An Exchange
•
or Place of Meeting of Merchants.
Bracton.
Buttons, Made of Hair or other Foreign Buttons,
fhall not be Imported, on Pain of Forfeiture, &c.
Alfo Buttons are not to be made of Cloth, Stuff, or
Wood, under Penalties. Stat. 4 & 5 W. & M.
W. 3. c. 2. 4 Geo 1. Vide Taylors.
ΙΟ
Butts, The Place where Archers meet with
their Bows and Arrows to fhoot at a Mark, which
we call Shooting at the Butts. Alfo Butts are the
Ends or fhort Pieces of Land in arable Ridges
and Furrows: Buttum terra, a Butt of Land.
Dedi decem acras & unum Buttum terra, &c. Cart.
M. de Sibbeford, penes Will. Dugdale, Mil. See
lbbuttals.
Butlerage of Mines, Signifies that Impofition
upon Wine brought into the Kingdom, which the
King's Butler may take of every Ship, viz. 2s. for
every Ton of Wine imported by Strangers. Rot. Parl.
11 Hen. 4. Anno 1 H. 8. c. 5. See Botiler of the King
and Prifage.
Buthscarle, Butfecarl, Bufcarles, (Bufcarli & Buth-
fecarli) Sunt qui portus nauticos cuftodiunt: Mariners
or Seamen. Selden's Mare Claufum, fol. 184.
before it is fledged or feathered.
Buzonis, Seems to be the Shaft of an Arrow,
Radulphus
Burholders. See Borough-holders.
de Stopham tenet Maner, de Brianftan. Com. Dorfet.
Bufones Comitatus: They are mentioned in per Serjeantiam inveniend' Domino Regi garcionem defe-
Fufticiarii vocatis ad fe quatuor vel fex, rentem unum arcum fine corda, & unum Buzonem fine
vel pluribus de Majoribus comitatus, qui dicuntur Bu-pennis. S. Ed. 1.
fones Comitat. & ad quorum nutum dependent vota alio-
rum, &c. Bra&t. lib. 3. tra&. 2. cap. 1. Mr. Blountling Place or Habitation, from the Sax. Bye.
fays Bufones is uſed for Barones.
Buffa, An old Word fignifying a great Ship.
Blount's Dict.
Buffellus, A Bufhel; from Buza, Butta, Buttis,
a ftanding Meaſure: And hence Butticella, Butticel
lus, Buſſellus, a lefs Meaſure. Some derive it from
the old Fr. Bouts, Leather Continents of Wine;
whence comes our Leather Budget and Bottles.
net's Gloff.
Bulta and Buttus, Bufia and Bufcus, &c.
fame with Brufcia and Brufula.
Bustard, A large Bird of Game, ufually found
on Downs and Plains, mention'd in the Stat. 25 Hen.
Bye. Words ending in By or Bee, fignify a Dwel-
By-Laws, (Bilagines, from the Goth. By, pagus,
and Lagen, Lex,) Are Laws made obiter, or by the
By; fuch as Orders and Conftitutions of Corpo
rations, for the Governing of their Members; of
Courts-Leet, and Court-Baron; Conimoners or In-
habitants in Vills, c. made by Common Affent,
for the Good of thofe that made them, in particu-
Ken-lar Cafes whereunto the publick Law doth not ex-
tend; fo that they bind farther than the Com-
The mon or Statute Law: Guilds and Fraternities of
Trades, by Letters Patent of Incorporation, may
likewife make By-Laws, for the better Regulation
of Trade among themselves, or with others. Kitch.
45, 72. 6 Rep. 63. In Sotland thofe Laws are called
Butchers, Are to fell their Meat at reafonable Laws of Birlaw or Burlaw; which are made by
Prices, or hall forfeit double the Value, to be le Neighbours elected by common Confent in the
vied by Warrant of two Juftices of Peace, &c. Birlaw-Courts, wherein Knowledge is taken of Com-
And confpiring to fell their Meat at certain Rates; plaints betwixt Neighbour and Neighbour; which
or felling Flesh of Cattle dying of the Murrain, Men fo chofen are Judges and Arbitrators, and ſti-
c. are liable to divers Penalties by Statute 7 Ed. 2.led Birlaw-men. And Birlaws, according to Skene,
23 Ed. 3. 2 & 3 Ed. 6. Butchers are not to kill Mear are Leges Rufticorum, Laws made by Husbandmen,
in their Scalding Houfes, or within the Walls of or Towfhips, concerning Neighbourhood amongst
London, &c. Nor buy any fat Cattle to fell again,them. Skene, pag. 33. The Inhabitants of a Town,
on Pain of forfeiting the Value; but this fhall not
extend to felling Calves, Lambs, or Sheep dead,
from one Butcher to another. Stat. 4 Hen. 7. 3 & 4
E
Ed. 6. 5 7 Ann.
8.c II.
without any Custom, may make Ordinances or By-
Laws, for repairing of a Church, or Highway, or
any fuch Thing, which is for the general Good of
the Publick; and in fuch Cafes, the greater Part
fhall bind all: Though if it be for their own pri-
Gal-vate Profit, as for the well Ordering of their Com-
Butt, (Butticum) A Meaſure of Wine, &c. well
known among Merchants, and containing 126
lons of Malmfey Wine, by Stat. 1 R. 3. c. 13:
Butter and Cheese. Juftices of Peace in Seffions
may reftrain Retailing Butter and Cheese; which is
to be fold in open Shop, and not above a Barrel of
Butter or Wey of Cheefe at one Time, under Penal
ties. 3 & 4 Ed. 6. cap. 21. 21 Fac. 1. cap. 22. Every
Kilderkin of Butter fhall contain 112 Pounds, the
Firkin 56, and Pot 14 Pounds of good Butter, beſides
2
mon, or the like, they cannot make By-Laws with-
out a Cuftom to warrant it; and if there be a Cu-
from, the greatest Part ſhall not bind the Rcft in
thefe Cafes, unless it be warranted by the Cultom.
5 Rep. 63. Every City and Town Corporate hath
Power to make By-Laws, for the better Govern-
ment of the Body Politick. Hob. 211.
5 Mod. 429.
·
But a Corporation cannot make a By-Law to bind
Strangers
1
>
CA
CA
1
Carter 120.
+
And in Thorn, Cacherellos are mentioned, viz. Se
nefchallus & Cuftodes noftri diligenter inquirant de Inju
riis per Cacherellos Vicecomitis, &c.
Cade, Of Herrings is 500, of Sprats 1000. Book
of Rates, fol. 45. But it is faid, that anciently 600
made the Cade of Herrings, and fix Score to the
Hundred, which is called Magnum Centum.
Cadet, The younger Son of a Gentleman; par-
ticularly applied to a Voluntier in the Army, wait-
ing for fome Poft.
Caep Gildum, The Reftoring Goods or Cattle.
Blount. See Ceapgild.
Calangium and Calangía, A Challenge, Claim,
or Difpute.
Sciant quod Ego Godfridus, &c.
Dedi, &c. Sine aliqua reclamatione feu Calangio, &c.
Mon. Angl. Tom. 2 fol. 252.
Strangers which are not of their Body, or to ex-
tend to Places out of the Jurifdiction of the Ma-
kers: Nor may By Laws be made in the Form of
Acts of Parliament. 1 Nelf. Abr. 411. Alfo By-Laws
may not be made to refrain a Perfon from fetting
up his Trade, it being against the Common Law to
reftrain Men from Trades: A By-Law that no Per
fon who is not a Freeman of a Corporation fhall
fet up a Trade, under a Penalty, hath been ad-
judged void and againſt Law; as it excludes thofe
who have ferved Apprenticeships in the Corpora-
tions, who by Law may ufe Trades. 1 Lutw. 562.
By-Laws ought to be for the common Good and Cagía, A Cage or Coop for Birds. Mandatum
Benefit of all thofe who live in the Place where eft Vicecom. Wilts. quod emat in Baliva fua 300 Galli.
made; and reftraining Men from ufing Trades,nas, &c. cum Cagiis, in quibus eadem Gallina poni pof-
cannot be for common Good, fo that fuch By-Laws funt. Ex Rot. Clauf. 38 H. 3.
have been condemned: But fuch a By Law war- Calamus, A Cane, Deed, or Quill; compriſed
ranted by particular Custom, as that no ftrange Ar- among Merchandize or Drugs to be garbled. i fac.
tificer who is not free of that Place fhall ufe any | 1. cap. 19.
Art within the fame, hath been held good. Nelf.
Lutw. 175:
A Cuſtom that no Foreign Tradefman
fhall uſe or exercife a Trade in a Town, c. will
warrant that which a Grant cannot do; and where
Custom has reftrained, a By-Law may be made that
Calcetum, Calcea, A Caufey or common hard
upon Compofition Foreigners may exercife 'a Trade. Way, maintained and repaired with Stones and Rub-
A By-Law by a Corporation may in- bifh, from the Lat. Calx, Chalk, Fr. Chaux, whence
fli& a Penalty, recoverable by Diftrels, or Action their Chauffee and our Canfeway, or Path raifed
of Debt, and be good. I Dano. Abr. 738. But 'tis with Earth, and paved with Chalk ftones, or Gra-
faid it cannot be made under a certain Penalty vel. Calcearum operationes were the Work and La-
to be levied by Diftrefs, and Sale of the Offen-
der's Goods. 2 Vent. 182. For a By-Law may
not be made on Pain of Forfeiture of Goods:
Nor may it inflict Imprifonment, being contrary
to Magna Charta. 2 Inft. 54. Where By-Laws
are good, Notice of them is not neceffary, becaufeter.
they are prefumed for the better Government and
Benefit of all Perfons living in thofe particular Li
mits where made; and therefore all Perfons therein
are bound to take Notice of them. I Lutw. 404.
The Freeholders in a Court-Leet, may make By-
Laws relating to the Publick Good, which fhall
bind every one within the Leet. 2 Danv. 457. And
a Court-Baron may make By-Laws, by Cuftom,
and add a Penalty for the Non-performance of
them. But all By-Laws are to be reaſonable; and
ought be for the common Benefit, and not pri-
vate Advantage of any particular Perfons; and
muſt be confonant to the Publick Laws and Statutes,
as fubordinate to them. Goldsb. 79. And by Stat.
19 Hen. 7. c. 7. By-Laws made by Corporations are
to be approved by the Lord Chancellor, or Chief
Juftices, if against the Publick Good, &c. on Pain of
401. Vide the Statute.
bour done by the adjoining Tenants: And Calca-
gium was the Tax or Contribution paid by the
neighbouring Inhabitants towards the Making and
Repairing fuch common Roads; from which fome
Perfons were efpecially exempted by Royal Char-
Kennet's Gloff.
Calefagium, A Word fignifying a Right to take
Fuel yearly. Confirmamus panagium, Herbagium
Calefagium in Foresta noftra. Blount.
Calends, (Calenda) Among the Romans was the
firft Day of every Month, being spoken of it by
it felf, or the very Day of the New Moon, which
ufually happen together: And if Pridie, the Day
before, be added to it, then it is the laft Day of
the foregoing Month; as Pridie Calend. Septemb. is
the laft Day of Auguft. If any Number be placed
with it, it fignifies that Day in the former Month,
which comes fo much before the Month named;
as the tenth Calends of October is the 20th Day of
September; for if one reckons backwards, beginning
at October, that 20th Day of September, makes the
10th Day before Otober. In March, May, July, and
October, the Calends begin at the fixteenth Day, but
in other Months at the Fourteenth; which Calends
muſt ever bear the Name of the Month following,
and be numbered backwards from the first Day of
the faid following Months. Hopton's Concord. p. 69. In
·
Cabal, (Cabala) A Funto; or private Meeting; the Dates of Deeds, the Day of the Month, by Nones,
from a Doctrine or Science practifed by the
Jews, in fetching out Myfteries from the Numbers
that Letters of Words make.
Caballa, (from the Lat. Caballus) Belonging to a
Hore. Domesday.
Cablish, (Cablicium) Signifies Brushwood, accord-
ing to the Writers of the Foreft-Laws: But Sir
Henry Spelman thinks it more properly Windfall-
wood, becauſe it was written of old Cadibulum, from
Cadere: Or if derived from the Fr. Chablis, it alfo
muſt be Windfall-wood. Item dicunt, quod Cep-
peg Cablicia vento proftrat. volenc. &c. Inq. de
an. 47 H. 3.
Ides, or Calends, is fufficient. 2 Inft. 675. See Ides.
Caliburne, The famous Sword of the great King
Arthur: Hoveden and Brompton in Vita R.
Callico. No Perfon fhall wear in Apparel any
Printed or Dy'd Callico, on Pain of forfeiting 5 7.
And Drapers felling any fuch Callico, fhall forfeit
201. But this doth not extend to Callicoes dyed all
Blue. Stat. 7 Geo. 1. c. 7. And Perfons may wear
Stuff, made of Linen Yarn and Cotton Wool, manu-
fa&tured and printed with any Colours in Great
Britain; fo as the Warp be all Linen Yarn, without
incurring any Penalty, by Stat. 9 Geo. 2. c. 4.
Callis, The King's Highway, mentioned in fome
Tante autem gra-
of our antient Authors.-
Cables for Shipping; making them of old Mate-
rials, which fhall contain feven Inches in Compafstic inhabitantibus fuit Britanniæ, quod quatuor in ea
when made and tarred, &c. is liable to a Forfei- Calles a fine in finem conftruxerunt Regia fublimatos
ture of four Times the Value, by Stat. 35 Eliz. c. S. auctoritate, &c. Huntingdon, Lib. 1.
Cambridge. The Statute 14 Hen. S. cap. 2. to re-
Cachepolus or Cacherellus, An Inferior Bailiff,
a Catchpole.
In fiipendiis Ballivi XIIIs IVd. in frain Alien Artificers, and requiring more of them
ftipendiis unius Cachepoli IXs. VIIId. per Ann. &c.than Denizens, is not to be extended to Strangers
Confuetud. Domus de Farendon MS. fol. 23. dwelling in Cambridge. See Stat. 32 H. S. c. 16.
Camera,
:
1
CA
CA
:
•
Camera, From the old Germ. Cam, Cammer,
crooked; whence comes our English Kembo, Arms
in Kembo. But Camera at firft fignified any Wind-
ing or crooked Plat of Ground; a unam Cameram
terra, i. e. A Nook of Land. Du Frefne. Afterwards
the Word was applied to any vaulted or arched
Building; and by Degrees more particularly re-
trained to an upper Room or Chamber: And it is
now often uſed in the Law, in the Buſineſs of a
Judge, where Perfons are to be brought before
him apud Cameram fuam fituat. in Serjeants Inn,
c. The prefent Iriſh uſe Cama for a Bed. See
Kennet's Gloff.
Camilia, A Garment belonging to Priefts, called
Indutus Camilia linea quæ communi
nomine dicitur Alb. Pet. Blefenfis.
the Alb.
Camoca, A Word ufed to fignify a Garment,
made of Silk, or fomething better: Unum Veftimen-
tum pro ferialibus diebus album de Camoca. Mon. Angl.
Tom. 3. pag. 81.
Campaña bajula, A fmall Hand-Bell, much in
Ufe in the Ceremonies of the Roman Church; and
retained among us by Sextons, Parifh-Clerks, and
Criers. Quatuor eas muneribus Patriarcha donavit,
Altari videlicet portatili confecrata, Campana bajula, ba-
culo Infigni, & tunica ex auro contexta. Reverfi in Pa-
triam fua quifque dona miraculoſe percepit, &c. Girald.
Camb. apud Wharton. Angl. Sacr. Par. 2. p. 637.
Campartum, Any Part or Portion of a larger
Field or Ground; which would otherwife be in Grofs
or common, Rex cuftodi Infularum de Gernſey, &c.
in perpetuam reddantur decima de Camparto noftro in ea-
dem Infula. Prinne Hiftor. Colle&. Vol. 3. p 89.
Campertum, Is uſed for a Corn Field. Pet. in
Parl. 30 Ed. 1.
Campfight, The Fighting of two Champions or
Combatants in the Field. 3 Inft. 221. See Champion.
Campus Maii, or Martii, Was an Affembly of
the People every Year upon May Day, where they
confederated together to defend the Country againft
all Enemies. Leges Edw. Confeffor, cap. 35. Denuo
in Campo Martii convenere, ubi illi qui Sacramentis in-
ter illos pacem confirmavere, Regi omnem culpam impc-
fuere. Sim. Dunelm. Anno 1094.
"
Candles and Chandlers. If any Chandlers mix
with their Wares any Thing deceitfully, &c. the
Candles fhall be forfeited. Stat. 23 Eliz. And a Tax
or Duty is granted on Candles, of 4d. per Pound for
thoſe made with Wax, and one Half penny a Pound
for all other Candles, (befides a Duty upon Tallow)
by 8 Ann. cap. 9. The Makers of Candles are not to
ufe Melting-Houfes without making a true Entry,
on Pain of 100l. and to give Notice of making
Candles to the Excife Officer for the Duties, and of
the Number, &c. or fhall forfeit 501. Stat. 11 Geo. 1.
cap. 30. Sec Wax-Chandlers.
Canes opertiæ, Dogs with whole Feet, not lawed⋅
Et debent hahere Canes operiias ex omni ge.
nere Canum, & non impediatas. Antiq. Cuftumar de
Sutton Colfield.
Caneftellus, A Basket. In the Inquifition of Ser-
jeancies, and Knights Fees, Anno 12 & 13 of King
John, for Effex and Hertford, it appears that one
John of Lifton held a Manor by the Service of Ma-
king the King's Baskets.
Johannes de Liftone
tenet, &c. per Serjeantiam faciendi Caneftellos,
Ex Libro Rub. Scacc. fol. 137.
c.
Canfara, A Trial by hot Iron, formerly ufed in
this Kingdom. Si inculpatio fit, & fe purgare velit, eat
ad ferrum calidum, & adlegiet manum ad canfaram
quod non falfum fecit. See Ordeal.
Canipulus, This Word hath been taken for a
fhort Sword. Blount.
Canna, A Rod or Diſtance in the Meaſure of
Ground. Papa Clem. IV. concedit, &c. ut nulli fecu-
lari vel Religiofo, &c. infra fpacium 300 Cannarun ab
ipforum Ecclefiis menfurandarum. Volumus quamlibet
ipfarum cannarum octo Palmorum longitudinem continere.
Ex Regiftr. Walt. Giffard Archiepife Ebor. f. 45.
.
Canon, Is a Law or Ordinance of the Church ;
and the Greek Word Canon, from whence is derived
the Canon Law, fignifies a Rule, becauſe it leads a
Man ftreight, neither drawing him from one Side
or the other, but rather correcting him. The Canon
Law confifts partly of certain Rules taken out of the
Scripture; partly of the Writings of the ancient
Fathers of the Church; partly of the Ordinances
of General and Provincial Councils; and partly of
the Decrees of the Popes in former Ages. And it
is contained in two principal Parts, the Decrees and
the Decretals: The Decrees are Ecclefiaftical Con-
ftitutions made by the Pope and Cardinals, and were
firft gathered by Ivo Bishop of Carnat, who lived a-
about the Year 1114. but afterwards perfected by
Gratian, a Benedictine Mosk, in the Year 1149, and
allowed by Pope Eugenius to be read in Schools, and
alledged for Law. They are the most antient, as
having their Beginning from the Time of Conftantine
the Great, the first Chriftian Emperor of Rome. The
Decretals are Cononical Epiftles written by the Pope,
or by the Pope and Cardinals, at the Suit of fome
or more Perions for the Ordering and Determining
of fome Matter of Controverfy, and have the Au-
thority of a Law; and of theſe there are three Vo-
lumes, the firft whereof was compiled by Raymun-
dus Barcinius, Chaplain to Gregory the Ninth, and
at his Command, about the Year 1231. The ſc-
cond Volume is the Work of Boniface the Eighth,
collected in the Year 1298. And the third Volume,
called the Clementines, was made by Pope Clement the
Fifth, and published by him in the Council of Vi-
enna, about the Year 1308. And to thefe may be
added fome novel Conftitutions of John the 22d, and
fome other Bishops of Rome. As the Decrees fet out
the Origin of the Canon Law, and the Rights, Dig-
nities and Degrees of Ecclefiaftical Perfons with
Candlemas-Day, The Feast of the Purification
of the Bleſſed Virgin Mary, being the fecond Day of
February inftituted in Memory and Honour of the
Purification of the faid Virgin in the Temple of
Ferufalem, the fortieth Day after her happy Child-their Manner of Ele&tion, Ordination, &c. So the
birth, according to the Law of Mofes, and the Pre- Decretals contain the Law to be used in the Eccle-
fentation of our bleffed Lord. It is called Candle- fiaftical Courts; and the firft Title in every of them,
mas, or a Maſs of Candles, becaufe before Mafs was is the Title of the Bleffed Trinity, and of the Ca-
faid that Day, the Church confecrated and fet apart tholick Faith, which is followed with Conftitutions
for facred Use, Candles for the whole Year, and and Customs, Judgments and Determinations in fuch
made a Proceffion with hallowed Candles in Remem- Matters and Caufes as are liable to Ecclefiaftical
brance of the Divine Light, wherewith Chrift illu- Cognizance, the Lives and Coverfation of the
minated the whole Church at his Prefentation in Clergy, of Matrimony and Divorces, Inquifition of
the Temple, when by old Simeon filed, A Light to criminal Matters, Purgation, Penance, Excommu-
lighten the Gentiles, and to be the Glory of his People If-nication, &c. But fome of the Titles of the Canon
rael, St. Luke, cap. 2. ver. 32. This Feftival is no Day
in Court, for the Judges fit not; and it is the Grand
Day in that Term of all the Inns of Court, whereon
the Judges ufually obferve many ancient Ceremonies,
and the Societies which feem to vie with each other,
have ſumptuous Entertainments, accommodated with
Mufick, and almost all Kinds of Diverfions.
2
C
Law are now out of Ufe, and belong to the Common
Law: And others are introduced, fuch as Trials of
Wills, Baftardy, Defamation, &c. Trials of Tithes
were antiently in all Cafes had by the Ecclefiaftical
Law; tho' at this Time this Law only takes Place
in fome particular Cafes. Thus much for the Canon
Law in General; and as to the Canon Laws of this
Kingdom,
1
CA
CA
{
teen, their Age of Difcretion, they are capable by
Law to marry, be a Witnefs, &c. 1 Inft. 171, 172.
Cape, (Lat.) Is a Writ judicial, touching Plea of
Lands or Tenements; fo termed, as moft Writs are,
of that Word in it, which carries the chief Inten-
tion or End thereof: And this Writ is divided into
Cape Magnum and Cape Parvum, both of which take
hold of Things immoveable.
Kingdom, by the Statute 25 Hen. 8. c. 19. it is de-
clared, that all Canons not repugnant to the King's
Prerogative, nor to the Laws, Statutes, and Cu-
ftoms of the Realm, fhall be ufed and executed.
By this Statute, Canons made in Convocation are
to be confirmed by the King, and have the Royal
Affent: And it has been adjudged that Canons made
in Convocation, and confirmed by the King, do
bind as firmly in all Ecclefiaftical Cauſes, as Acts of Cape Magnum, or the Grand Cape, Is a Writ that
Parliament do in other Cafes; for by the Common lies before Appearance, to fummon the Tenant to
Law, every Biſhop in his Dioceſe, and each Arch-anfwer the Default, and alſo over to the Demand-
biſhop in his Province, and the Convocation may
make Canons, which fhall be binding within their
Jurifdictions. The Convocation for the Province of
Canterbury was held at London, Anno 1603. in the
first Year of the Reign of King James I. by the
King's Writ, and they had a Licence under the
Great Seal, to confult and agree to ſuch Canons as
they ſhould think fit; whereupon they made feve-
ral Canons concerning the Government of the
Church, Religion, the Clergy, &c. which had the
Royal Affent, and were ratified and confirmed by
that King, for him, his Heirs and Succeffors, pur-
fuant to the Statute 25 H. 8. which Canons thus
warranted by A&t of Parliament, are the Laws of
the Land to this Day. See my Treatife of Laws, p.
402, &c. I Nell. Abr. 416. The general Canon Law
is no farther in Force here than it hath been re-
ceiv'd, and is confiftent with the Common or Sta-
tute Law.
Canon Religiofozum, A Book wherein the Re-
ligious of Convents had a fair Tranfcript of the Rules
of their Order, which were frequently read among
them as their local Statutes; and this Book was
therefore called Regula and Canon. The publick
Books of the Religious were the four following:
1. Miffale, which contained all their Offices of De-
votion. 2. Martyrologium, a Register of their pecu-
liar Saints and Martyrs, with the Place and Time
of Paffion. 3. Canon or Regula, the Inftitution and
Rules of their Order. 4. Necrologium or Obituarium,
in which they entered the Deaths of their Founders
and Benefactors, to obferve the Days of Commemo-
ration of them. Kennet's Gloff.
ant. And in the Old Nat. Brev. it is defined to be,
where a Man hath brought a Precipe quod reddat of a
Thing touching Plea of Land, and the Tenant
makes Default at the Day to him given in the Ori-
ginal Writ, then this Writ fhall go for the King to
take the Land into his Hands; and if the Tenant
come not at the Day given him thereby, he loſeth
bis Land, &c. See Reg. Jud. fol. 1. Bract. lib. 3.
tract. 3. c. 1.
Cape Parbum, or Petit Cape, Is where the Te-
nant is fummoned in Plea of Land, and comes on
the Summons, and his Appearance is recorded; if
at the Day given him he prays the View, and ha-
ving it granted, makes Default; then fhall iffue
this Writ for the King, &c. Old Nat. Brev. 162.
The Difference between the Grand Cape and Petit
Cape is, that the Grand Cape is awarded upon the
Tenant's not appearing or demanding the View in
fuch Real Actions, where the Original Writ does
not mention the Particulars demanded; and the P-
tit Cape is after Appearance or View granted: And
whereas the Grand Cape fummons the Tenant to an-
fwer for the Default, and likewife over to the De-
mandant; Petit Cape fummons the Tenant to an
fwer the Default only: And therefore it is called
Petit Cape; tho' fome fay it hath its Name, not be-
caufe it is of mall Force, but by Reafon it confifts
of few Words. Reg. Jud. fol. 2. Fleta, lib. 2. c. 44.
Cape ad Valentíam, This is a Species of Cape
Magnum, and is where I am impleaded of Lands,
and vouch to warrant another, against whom the
Summons ad Warrantizandum hath been awarded, and
he comes not at the Day given; then if the De-
Cantel, (Cantellum) Seems to fignify the fame mandant recover againſt me, I fhall have this Writ
with what we now call Lump, as to buy by Meaſure, against the Vouchee, and recover fo much in Value
or by the Lump: But according to Blount it is that of the Lands of the Vouchee, if he hath fo much;
Nullum genus
which is added above Meaſure.
if not, I fhall have Execution of fuch Lands and
bladi vendatur per cumulum feu Cantellum, præter Ave- Tenements as fhall after defcend to him in Fee; or
nam, Brafium & farinam. Stat. de Piftor. cap. 9. Alfo if he purchaſes afterwards, I fhall have against him
a Piece of any Thing, as a Cantel of Bread, and a Refummons, &. And this Writ lies before Ap-
pearance. Old Nat. Br. 161.
the like.
Cantred, (Cantredus) A British Word from Cant,
or Cantre, which in the British Tongue fignifics Cen-
tum, and Tret, a Town or Village, is in Wales an
hundred Villages: For the Welsh divide their Coun-
ties into Cantreds, as the English do into Hundreds.
This Word is ufed 28 H. 8. c. 3.
Capacity, (Capacitas) An Ability, or Fitnefs to
receive: And in Law it is where a Man or Body
Politick, is able to give or take Lands, or other
Things, or to fue Actions. Our Law allows the
King two Capacities, a Natural and a Politick: In
the Firft, he may purchafe Lands to him and his
Heirs; in the latter, to him and his Succeffors. An
Alien born hath fufficient Capacity to fuc in any Per-
fonal Actions, and is capable of Perfonal Eftate; but
he is not capable of Lands of Inheritance; and in a
Real Action, it is a good Plea of the Defendant to
fay, the Plaintiff is an Alien born, and pray if he
fhall be anſwered. Dyer 3. Perfons attainted of
Treafon or Felony, Ideots, Lunaticks, Infants,
Feme Coverts without their Husbands, &c. are not
capable to make any Deed of Gift, Grant, or Con-
veyance, unless it be in fome ſpecial Cafes. But all
other Perſons, void of Impediments, are capable of
making Grants and Conveyances, and to fue and be
fued, being twenty-one Years of Age; and at four
Capella, Before the Word Chapel was reftrain'd
to an Oratory, or depending Place of Divine Wor-
fhip, it was uſed for any Sort of Cheft, Cabiner, or
other Repofitory of precious Things, especially of
Religious Reliques. Kennet's Parock. Antiq. p. 580.
Capellus, A Cap, Bonnet, or other Covering
for the Head.
Capite difcooperto, fine Capello,
cum una Garlanda de Latitudine, &c. Tenures, p.
32.
Capellus ferreus, an Helmet, or Iron
Head-piece, Quicunque laicus habuerit in Catallis ad
valentiam decem Mercatorum habeat Halbergellum &
Capellum ferri & lanceam. Hoveden, pag. 61.
Capellus Militis is likewife an Helmet or military
Head-piccc. Confuetud. Domus de Farendon, MŠ.
fol. 21.
to
Capias, Is a Writ or Procefs of two Sorts; one
whereof is called Capias ad Refpondendum, before
Judgment, where an Original is fued out, &c.
take the Defendant and make him anſwer the Plain-
tiff: And the other a Writ of Execution, after
Judgment, being of divers Kinds, as Capias ad fatis-
faciendum, Capias Utlagatum, &c. The Capias ad Re-
fpondendum in C. B. is drawn from the Precipe, which
ferves both for the Original and Capias, and the Re-
turn of the Original is the Tefte of the Capias. If a
Capias be fpecial, in Debt, Covenant. the
Ff
Caufe
"
!
O
:
CA
CA
Caufe of Action must be recited at large, and you Action: Therefore the Defendant was difcharged.
are to fet forth the Subftance of your intended Dc-1 And. ca. 166. A Capias ad fatisfaciendum lieth not
claration, as you are alfo in your Original. The against a Peer; nor against Executors or Admini-
ufual-Courſe is to take out the Capias, and fue out ftrators, but where a Devaftavit is return'd by the
the Original after, altho' it is fuppofed to be fued Sheriff, c. 1 Lill. 250. If the Defendant cannot
our before, becauſe the Original cannot be fo fpeed-be taken upon a Capias in the County where the
ily fued out at all Times: And where the Caufe of Action is laid, there may iffue a Teftatum Ca. fa.
Action is for Debt, and requires Bail, the beft Way into another County; and fo of the other Writs.
is to make out an Ac etiam Capias, the Original to
which is only a bare Claufum fregit; and when you
come to Judgment, you may file a new Original to
warrant fuch Judgment. If a Capias be fpecial, by
Pracipe quod reddat, &c. And there is any Miftake
Form of a Capias ad Satisfaciendum.
EORGE the Second, &c. To the Sheriff of W.
in the Name, alias dictus, or Sum, it may be pleaded G Greeting. We command you, that you take A. B.
in Abatement, and a new Original afterwards will
not cure it; but you are forced to diſcontinue your
Action, paying Cofts, and to begin de novo. There
may be an Alias and a Pluries Capias, bearing Tefte
from the Return of each other, if the Defendant be
not taken on the firft Writ. Sec Pract. Solic. p. 290.
G
Form of a Writ of Capias in C. B..
EORGE the Second, &c. To the Sheriff of S.
Greeting: We command you, that you take C. D.
late of, &c. So that you have his Body before our Fufti-
ces at Westminster on the Octaves of St. Hillary, to
anfwer to A. B. Gent. of a Plea, &c. To the Damage
of him A. 501. And have you there then this Writ. Wit
nefs, &c.
if he shall be found in your Bailiwick, and fafely keep him,
fo that you have his Body before us at Westminster on
this Day, &c. to make Satisfaction to C. D. of a Debt
of thirty Pounds, which the faid C. D. lately recovered
against him in our Court, before us; and alfo. for Forty
Shillings, which in our faid Court before us, were a-
warded to the faid C. D. for his Damages which he bath
Sustained, as well by Occafion of the detaining the faid
Debt, as for his Expences and Cofts laid out by him in and
about his Suit, in that Behalf: Wherefore the faid A. B.
is convicted, as appears to us of Record. And have you
then there this Writ. Witnefs, &c.
.
Capias Utlagatum, Is a Writ that lies against a
Perfon who is outlawed in any 'A&ion, by which
the Sheriff apprehends the Party outlawed, for not
appearing upon the Exigent, and keeps him in fafe
Cuftody till the Day of Return, and then prefents
The Words Sicut Alias, and Sicut Pluries, diftin-him to the Court, there to be ordered for his Con-
guifh the Alias and Pluries from the Capias.
tempt; who, in the Common Pleas, was in former
Capias ad Satisfaciendum, A judicial Writ Times to be committed to the Fleet, there to remain
and ap-
which iffues out of the Record of a Judgment,till he had fued out the King's Pardon,
where there is a Recovery in the Courts at Weft-peared to the Action. And by a fpecial Capias Ut-
minfter, of Debt, Damages, &c. And by this Writ lagatum in the fame Writ, the Sheriff is command-
the Sheriff is commanded to take the Body of the ed, and may feize all the Defendant's Lands,
Defendant in Execution, and him fafely to keep, Goods and Chattels, for the Contempt to the King;
fo that he hath his Body in Court at the Return of and the Plaintiff, (after an Inquifition taken there-
the Writ, to fatisfy the Plaintiff his Debt and Da- upon, and return d into the Exchequer) may have
mages. And it is faid the Sheriff cannot upon this the Lands extended, and a Grant of the Goods, &.
Writ take the Money, and diſcharge the Priſoner; whereby to compel the Defendant to appear; which
becauſe the Writ is Quod Capias the Defendant, when he fhall do, if he reverse the Outlawry, the
eum Salvo cuftod. ita quod Habeas Corpus ejus die, &c. fame fhall be restored to him. Old Nat. B. R. 154.
coram Domino Rege apud Weftm. ad fatisfaciendum the A Defendant may appear in Perfon, and reverfe an
Plaintiff, &c. 1 Lill. Abr. 249. It is ufual to take Outlawry: And in B. R. one may appear by Attor-
out this Writ, where the Defendant hath no Lands ney, &c. Alfo when a Perfon is taken upon a Ca-
nor Goods, whereof the Debt recovered may be le- pias Utlagatum, the Sheriff is to take an Attorney's
vied: And when the Body is taken upon a Ca. fa. Engagement to appear for him, where Special Bail
and the Writ is returned and filed, it is an abfolute is not required; and his Bond with Sureties to ap-
and perfect Execution against the Defendant, and pear, where 'tis required. Stat. 45 W. & M.
no other Execution can be against his Lands and c. 18. This Writ is either general, against the Bo-
Goods: But this is unless the Defendant efcape, or dy; or, as I have before obferv'd, it is Special, a-
die in Execution, &c. for where a Perfon dies in gainft the Body, Lands and Goods. See Outlawry.
Execution, his Lands and Goods are liable to fatisfy
the Judgment, by Statute 21 Fac. 1. c. 24. See Roll.
Abr. 904 In Cafe two Perfons are bound jointly and
feverally, and profecured in two Courts, whereupon
Form of a Capias Utlagatum.
EORGE the Second, &c. To the Sheriff of
the Plaintiff hath Judgment and Execution by Cap. GS. Greeting: We command you, That you omit not,
ad fatisfac. against one of them; if he after have an
Elegit against the other, and his Lands and Goods by Reafon of any Liberty within your County, but that
are delivered upon it, then he that is in Prifon fhall you take. C. D. late of &c. Outlawed in London the
have Audita Querela. Hob. 2. 57. Where one taken Day, &c. last past, at the Suit of A. B. in a Plea of
on a Cap. ad fatisfaciendum efcapes from the Sheriff, Trefpafs on the Cafe, if he shall be found in your Baili-
and no Return is made of the Writ, nor any Re-wick, and him fafely keep, so that you have his Body be-
cord of the Award of the Capias; the Plaintiff may fore us, on the Day, &c. wherefoever we shall be then
bring a Scire fac. against him, and on that what Ex-in England; to do and receive that which our Court before
ecution he will. Roll. 904. And if the Defendant us fhall confider of in this Cafe: And have you there this
reſcue himſelf, the Plaintiff fhall have a new Ca- Writ. Witnefs, &c.
pias, the firft Writ not being returned. Ibid. 901. A
Defendant being brought into Court by Virtue of a
Cap. ad fatisfaciendum, the Plaintiff was asked, whe-
ther he would pray that the Prifoner might be com-
mitted? who answered he would not; becauſe the
Party was not able to pay, and had eſcaped from
the Sheriff, against whom he intended to bring his
Capias pro Fine, Is where one, who is fined to
the King for fome Offence committed againſt a Sta-
tute, does not diſcharge the Fine according to the
Judgment: Whereupon his Body is to be taken by
this Writ, and committed to Priſon until he pay the
Fine. It is uſed in other Cafes, for not making out
fome
A
...
A
I
CA
CA
!
!
!
fome Pleas in Civil A&tions. 3 Rep. 12. By the
Stat. 4 5 W. & M. Capiatur Fines are taken away
in feveral Cafes. See Fines for Offences.
Capias in Withernam, A Writ lying, for Cattle
in Withernam; which is, where a Diſtreſs taken is
driven out of the County, fo that the Sheriff can
not make Deliverance in Replevin, when this Writ
iffues to the Sheriff to take as many Beafts of the
Diftrainer, &c. Reg. Orig. S2, 83. Vide Withernam.
Capitale, Signifies a Thing which is ſtolen, or
the Value of it. Leg. H. 1. cap. 59.
Capitale vivens, Hath been uſed for live Cat-
tle. Reddam de meo proprio decimas Deo, tam in Vi-
vente Capitali, quam in mortuis fructibus terra. Leg.
Athelstan.
of Witneffes, only the Execution on the Back is in-
dorfed, as Executio iftius Com. in quad. Schedul. &c.
The Caption being included in the Title of the De-
pofitions. Sometimes it is ufual to add to the
Caption, Virtut. Commi'con. Dom. Regis nobis & al.
direct', &a. Thefe Captions and the Executions of
the Commiffions must be now in English, by the lare
Statute. 4 Geo. 2.
Captain, (Capitaneus) One that leadeth or hath
the Command of a Company of Soldiers: And is ei-
ther General, as he that hath the Governance of
the whole Army; Or Special, he that leads but one
Band. There is also another Sort of Captains, Qui
Urbium præfecti funt, &c. Blount.
Captives. An A&t was made for Relief of Cap
tives taken by Turkish, Moorish, and other Pirates,
and to prevent Taking of others in Time to come.
Stat. 16 & 17 Car. 2. c. 24.
Capture, (Captura) The Taking of a Prey, an
Arreft, or Seizure: And it particularly relates to
Prizes taken by Privateers, in Time of War, which
are to be divided between the Captors, c. Stat. 14.
Car. 2. c. 14. and 4 & 5. W. & M. c. 25.
Caput Baroniæ, Is the Caftle or chief Seat of a
Nobleman; which defcends to the eldest Daughter,
if there be no Son, and muft not be divided among.
the Daughters like unto Lands, &c.
Caput Anni, New Year's Day, upon which of!
old was obferved the Feftum Stultorum.
Caput Jejunii, In our Records is ufed for Afb-
Wednesday, being the Head, or firft Day of the Be-
ginning of the Lent Faft. Paroch. Antiq. p. 132.
Capite, (from Caput, i. e. Rex, unde tenere in Ca-
pire, eft Tenere de Rege, omnium terrarum Capite) An
antient Tenure, whereby a Man holds Lands of the
King immediately as of his Crown, whether by
Knight's Service, or in Socage. This Tenure was
likewife called, Tenure holding of the Perfon of the
King: And a Perfon might hold of the King, and
not in Capite; that is, not immediately of the Crown,
but by Means of fome Honour, Caftle, or Manor
belonging to it. According to Kitchen, one might
hold Land of the King by Knights Service, and not
in Capite; becauſe it might be held of fome Honour
in the King's Hands, defcended to him from his
Anceſtors, and not immediately of the King, as of
his Crown. Kitch. 129. Dyer 44. F. N. B. 5. The
very ancient Tenure in Capite, was of two Sorts;
the one Principal and General, and the other Special
or Subaltern; the Principal and General was of the Caput loci, The Head or upper End of any
King as Caput Regni, Caput Generaliffimum omnium Place; ad Caput Ville, at the End of the Town.
Feodorum, the Fountain whence all Feuds and Te- Caputagium, Some think this Word fignifies Head
nures have their main Original: The Special was or Poll-Money, or the Payment of it: But it is ra-
of a particular Subject, as Caput Feudi, feu terra ilther what we otherwife call Chevagium.
lius, to called from his being the first that granted
the Land in fuch Manner of Tenure; from whence
he was ſtiled Capitalis Dominus, &c. But Tenure in
Capite is now abolished; and by Stat. 12 Car. 2. c. 24,
All Tenures are turned into free and common So-vellers in the Eaftern Countries, for mutual Con-
cage: So that Tenures hereafter to be created by
the King are to be in common Socage only; and
not by Capite, Knights-Service, &c. Blount.
Capitilitium, A Word uſed to fignify what we
now call Poll-Money.
Capititium, A Covering for the Head. 'Tis
mentioned in the Statute 1 Hen. 4. and other old
Statutes, which preſcribe what Dreſſes fhall be wore
by all Degrees of Perfons.
Capituli Agri, The Head-lands, Lands that lie
at the Head or upper End of the Lands or Fur-
rows. Canonici (Burcefter) concefferunt hominibus
de Wrechwike duas acras prati pro Capitibus fuarum
croftarum tenus Rivulum verfus Molendinum, &c. Ken-
net's Paroch. Antiq. p. 137.
Capítula Ruralía, Affemblies or Chapters held
by Rural Deans and Parochial Clergy within the
Precinct of every diftin& Deanery; which at first
were every three Weeks, afterwards once a Month,
and more folemnly once a Quarter. Cowel.
Car and Chat, The Names of Places beginning
with Car and Char fignify a City, from the Brit.
Caer, viz. Civitas, as Carlijie, &c.
Caravanna, A Caravan, or joint Company of Tra-
du&t and Defence. Egreffa Caravanna noftra de
Joppa verfus exercitum veniebat onufta victualibus & a
liis clitellis neceffariis. Gaufrid. Vinefaut. Richardi
Regis, Iter Hierofol. lib. 5. cap. 52.
Carcan, Is fometimes expounded for a Pillory;
As is Carcannum for a Priſon. LL. Canuti Regis.
Carcatus, Signifies loaden; a Ship with her
Freight-De Corpore cujuflibet Magna navis Car-
catæ cum rebus venalibus 4 denar. Pat. 10 R. 2.
Cards and Dice, A Duty of 6d. per Pack on all
Playing Cards, and of 5s. for every Pair of Dice,
fhall be paid to the Crown for Thirty-two Years;
the Cards and Dice to be carried to the Stamp-Office.
and marked, c. And ufing them unftamp'd, is lia-
ble to a Penalty of 51. Stat. 9 & 10 Ann. c. 19.
Careda e Carefata, A Cart and Cartload.
Quinque Care&tatas Claufture, ad prædicta terre clau-
furam fuftinendam. Mon. Angl. Tom. 2. f. 340.
Caretaríus, or Care&arius, A Carter. Blount.
See Carreta.
Carília, Dearth, Scarcity, Dearness.-
Rex Majori & Vic. London, Salutem. Querela Ar-
quod de Bobus, Vaccis,
multonibus, &c. Magna & quafi intollerabilis eft Ca-
riftia hiis diebus fub, &c. Pat. 8 Ed. 1.
Caption, (Captio) Is when a Commiffion is exe-
cuted, the Commiffioners fubfcribe their Names to
a Certificate, declaring when and where the Com-chiepifcoporum, Comitum,
miffion was executed; which in Law is called a
Caption. And thefe Captions relate chiefly to Bufi-
nefs of three Kinds, i. e. to Commiffions to take Caritas, Ad Caritatem, Poculum Caritatis, A
Fines of Lands, to take Anſwers in Chancery, and Grace-Cup; or an extraordinary Allowance of
Depofitions of Witneffes: On the Taking of a Fine Wine, or other Liquor, wherein the Religious
it is thus: Capt. & Cogn. die & anno, &c. apud, c.at Feftivals drank in Commemoration of their
And on the Back, Executio iftius Comm. patet in qua- Founders and Benefactors. Cartular. Abbat. Glafton.
dam Schedul. eidem Comm. Annex. On the Taking of | A. S. f. 29.
an Anſwer in Chancery, the Caption is at Bottom
as follows: Capt. fuit hac Refponf. fuper facram. Supra-
nominat. Def. Willielmi B. die anno, &c. apud, &c.
coram nobis, &c. And on the Back of the Commiffion,
Executio iftius Com', &c. On the Taking Depofitions
Cark, A Quantity of Wool, whereof Thirty
make a Sarpler. Stat. 27 H. 6. c. 2.
Carnaríum, A Charnel houfe, or Repofitory for
the Bones of the Dead. In Carnario fubtus
Capellam, &c. Offa humana, &c. humata de Licentia
Sacrifte
*
CA
CA
Sacriste qui pro tempore fuerit, qui dicti Carnarii cla
vem & cuftodiam habebit fpecialem, ut ufq; ad Refur
rectionem generalem horefius conferventur, a Carnibus
integre denudata reponi volumus & obfervari.
Cartular. Fundationis Capella San&ti Johannis in occid.
parte Eccl. Norwic. per Joh. Norwic. Epifc. Dat 4
Oct. 1316.
Carno.
This Word hath been uſed for an
munity or Privilege, as appears in Cromp. Jurifd.
fol. 191.
Carpemeals, Cloth made in the Northern Parts
of England, of a courfe Kind, mention'd in 7 Fac.
cap. 16.
Carr, Is a Kind of Cart with Wheels. Vide
ruca.
Action of Trover or Trefpafs for Goods taken
out of his Poffeffion by a Stranger; he having
a Special Property in the Goods, and being li-
able to make Satisfaction for them to the Owner:
And where Goods are ftolen from a Carrier,
he may bring an Indictment against the Felon
as for his own Goods, tho' he has only the Poffeffo-
Imry, and not the abfolute Property; and the Own-
er may likewife prefer an Indictment against the
Felon. Kel. 39. If a Carrier be robbed of Goods,
alfo either he or the Owner may bring an Action
against the Hundred, to make it good. 2 Saund. 380.
Where a Carrier entrusted with Goods, opens the
Ca-Pack, and takes away and difpofes of Part of the
Goods, this fhewing an Intent of Stealing them,
will make him guilty of Felony. H P. C. 61. And
it is the fame if the Carrier receives Goods to carry
them to a certain Place, and carrieth them to fome
other Place, and not to the Place agreed 3 Inft
367. If a Carrier after he hath brought Goods to
the Place appointed, take them away privately, he
is guilty of Felony; for the Poffeffion which he
received from the Owner being determined, his
fecond Taking is in all Refpects the fame as if he
were a meer Stranger. 1 Hawk. P. C. 90, See Lar-
ceny, &c.
Cartat, A Weight of four Grains in Diamonds,
c. And this Word 'tis faid was formerly uſed for
any Weight or Burden.
C.
Carreta, Hath been taken for a Carriage, Cart,
or Wane-Load; as Carreta fœni is uſed in an old
Charter for a Load of Hay. Kennet's Gloff.
Carrels, Cloſets, or Apartments for Privacy and
Retirement.
Three Pews or Carrels, where
every one of the old Monks, after they had dined,
did refort, and there ftudy. Davies Mon. of Dur-
bam, p. 31.
Carriages how drawn, &c. Vide Waggon.
Carts. If any Perfon fhall ride in a Cart or
Dray, not having another on Foot to guide it, he
fhall forfeit 10s. to the Informer and Poor of the
Parish: And Wheels of Carts in London are not to
Carrick or Carrack, (Carrucha) A Ship of great
Burden, fo called of the Italian Word Carico or Car-
co, which fignifies a Burden or Charge: It is men-
tioned in the Statutes 2 R. 2. c. 4. and i Fac. c. 33.
They were not only uſed in Trade, but alfo in
War, as Walfingh. in Hen. 5. f. 394. viz Galli conduxe-be
rant claffem magnarum navium Carricarium, &c. qua
Regnum Angliæ moleftarent.
less than fix Inches in the Felly, and to be
without Iron, &c. And the Carts drawn by two
Horſes, after they are up the Hills near the Water-
fide, under the Penalty of 40s. Stat. 1 Geo. I.c. 57.
In London and Westminster, Carts fhall not carry more
than twelve Sacks of Meal, feven hundred and a
half of Bricks, one Chalder of Coals, &c. on Pain
of forfeiting one of the Horfes. 6 Geo. 1. c. 6. See
Waggons.
Caruca, (Fr. Charrue) A Plough; from the old
Gallic Carr, which is the prefent Irish Word for any
Sort of wheel'd Carriage: Hence Charl, and Carl, a
Ploughman or Ruftick. Vide Karle.
Carucage, (Carucagium) Is a Tribute impofed on
every Plough, for the Publick Service: And as
Hidage was a Taxation by Hides, fo Carucage was by
Carucates of Land. Mon. Angl. Tom. 1. f. 294.
Carrier, (Geftator) Is a Perfon that carries Goods
for others, for his Hire: And Justices of Peace
have Power to affefs the Price of Carriage of Goods
yearly at their Eafter Seffions, and if any Carrier
fhall take above the Rates and Prices fo affefs'd,
he ſhall forfeit 51. Stat. 3 & 4 W. & M. cap. 12.
A common Carrier having the Charge and Carriage
of Goods, is to anfwer for the fame, or the Value
to the Owner. Co. Litt. 78. And where Goods are
delivered to a Carrier, and he is robbed of them,
he ſhall be charged, and anfwer for them, becauſe
of the Hire. 1 Roll. Abr. 338. One brought a Box
to a Carrier, in which there was a large Sum of Mo-
ney, and the Carrier demanding of the Owner what
was in it, he answered, it was filled with Silks, Carucate, or Carve of Land, (Carucata Terra)
and fuch like Goods, upon which the Carrier took A Plough-Land; which in a Deed of Thomas de Ar-
it, and was robbed; and adjudged, that the Carrier den, 19 Edw. 2. is declared to be One hundred
was liable to make it good: But a fpecial Accept- Acres, by which the Subjects have fometimes been
ance, as provided there is no Charge of Money, taxed; whereupon the Tribute fo levied was called
would have excuſed the Carrier 1 Vent. 238. 4 Rep. Carvagium, or Carucagium. Bract. lib. 2. cap. 26. But
83. A Perfon delivered to a Carrier's Book-keeper Skene fays, it is as great a Portion of Land as may
two Bags of Money fealed up, to be carried from be tilled in a Year and a Day by one Plough';
London to Exeter, and told him that it was 2001. which alfo is called Hilda, or Hida terra, a Word
and took his Receipt for the fame, with Promife of uſed in the old British Laws. And now by Statute
Delivery for 10s. per Cent. Carriage and Rifque: 7 & 8 W. 3. a Plough-Land, which may contain
Though it be proved that there was 400l. in the Houfes, Mills, Pafture, Meadow, Wood, &c. is
Bags, if the Carrier be robbed he ſhall answer only 501. per Annum. Littleton, in his Chapter of Te
for 2001. becauſe there was a particular Under-nure in Socage, faith, that Soca idem eft quod Caru-
taking for the Carriage of that Sum and no more, cata, a Soke or Plough Land are all one. Stow
and his Reward which makes him anfwerable, ex-fays, King Hen. 3. took Carvage, that is, two Marks
tends no farther. Carthew's Rep. 486. If a common of Silver of every Knight's Fee, towards the Mar-
Carrier lofes Goods he is intrufted to carry, a Spe-riage of his Sifter Ifabella to the Emperor. Stow's
cial Action on the Cafe lies against him, on the
Cuftom of the Realm; and not Trover: And fo of
a common Carrier by Boat. 1 Roll. Abr. 6. An Action
will lie againſt a Porter, Carrier or Bargeman, upon
his bare Receipt of the Goods, if they are loft by
Negligence. 1 Sid. 36. Allo a Lighterman ſpoiling
Goods he is to carry, by letting Water come to them,
Action of the Cafe lies against him on the common
Cuſtom. Palm. 528. If one be not a common Carrier,
and takes Hire, he may be charged on a fpecial Af
fumpfit; for where Hire is taken, a Promife is im-
plied. Cro. Fac. 262. A common Carrier may have
I
|
Annals, pag. 271. And Raftal, in his Expofition of
Words, tells us, Carvage is to be quit, if the King
hall tax all the Lands by Carves; that is, a Privi-
lege whereby a Man is exempted from Carvage.
The Word Carve is mentioned in the Stat. 28 Ed. 1.
of Wards and Reliefs, and in Magna Charta, c. 5,
And Anno 1200. Facta eft Pax inter Johannem Regem
Angliæ & P. Regem Franciæ, &c. Et mutuavit Řegi
Francie 30 Millia Marcarum, pro quibus collectum eft
Carvagium in Anglia feil. 111s. pro quolibet aratro
Ex Reg. Priorat. de Dunstable in Bibl. Cotton. See
Co. Lit. 69. and Kennet's Gloff.
Caruca-
f
CA
CA
',
t
Carucătaríus, He that held Lands in Carvage, or
Plough-Tenure. Paroch. Antiq. p. 354.
Caffatum and Caffata, By the Saxons called Hide;
by Bede, Familia, is a Houfe with Land fufficient
to maintain one Family; Rex Ang. Ethelred, de 310.
Caffatis, unum trierem, &c. Hoveden Anno 1008.
And Hen. Huntingdon, mentioning the fame Thing,
instead of Caffata writes Hilda,
Cahlite, A Saxon Word fignifying a Mulet.
Blount!
Caffidile, Is a little Sack, Purfe, or Pocket.
Protulit in Caffidili toxicum mellitum. Mat. Weftm.
And is brought by him in Reverſion against the
Party to whom fuch Tenant fo aliens to his Preju
dice, and in the Tenant's Life-time. It takes its
Name from this; that the Clerks of the Chancery
did, by their common Affent, frame it to the Like-
nefs of the Writ called In cafu Provifo, according
to the Authority given them by the Stat. Weftm. 2.
cap. 24. which Statute, as often as there happens a
new Cafe in Chancery fomething like a former, yet
not specially fitted by any Writ, authorizes them
to frame a new Form anfwerable to the new Cafe,
and as like the former as they may. 7 Rep. 4. See
Fitz. Nat. Br. fol. 206.
Cafu Provilo, A Writ of Entry given by the
Cask, An uncertain Quantity of Goods; and
of Sugar contains from eight to eleven hundred
Weight. There are allo Casks for Liquors, of di-Statute of Gloucester, cap. 7. where a Tenant in
vers Contents; and none fhall tranfport any Wine
Cask, &c. except for victualling Ships under a cer-
tain Penalty, by Stat. 35 Eliz.
·
Dower aliens in Fee, or for Life, &c. and lies for
him in Reverfion against the Alienee. Fitz. N. B.
205. This Writ and the Writ of Cafu Confimili fup-
Caflock, or Caffula, A certain Garment belong- pofes the Tenant to have aliened in Fee, though it
ing to the Priest, quafi minor Caffa. See Taffale. be for Life only: And a Cafu Provifo may be with-
Caftel, or Castle, (Caftellum) Is well known to out making any Title in it, where a Leafe is made.
be a Fortreſs in a Town; and with us is a Princi- by the Demandant himself to the Tenant that doth
pal Manſion of a Nobleman. In the Time of H. 2. alien; but if an Ancestor leafe for Life, and the
there were in England 1115 Caftles; and every Ca-Tenant alien in Fee, &c. the Heir in Reverſion
file contained a Manor: But during the Civil Wars muft have this Writ with the Title included therein.
in this Kingdom, thefe Cafles were demolished, fo F. N. B. 206, 207.
that there is generally only the Ruins or Remains
of them at this Day. 2 Inft. 31.
C
Calus Dmiffus, Is where any particular Thing
is omitted out of, and not provided against by a
Statute, c.
Caftellain, (Caftellanus) The Lord Owner, or
Captain of a Castle, and ſometimes the Conſtable of Catals, Catalla, Goods and Chattels. See Chattels."
a fortified Houlc. Bract. lib. 5. track. 2. c. 16. 3 Ed. 1. Catallis captis nomine Diftri&ionis, Is a Writ
eap. 7. It bath likewife been taken for him that that lies where a Houfe is within a Borough, for
hath the Cuftody of one of the King's Manfion-Hou- Rent going out of the fame; and warrants the Ta-
fes, called by the Lombards Curtes, in English king of Doors, Windows, &c. by Way of Diftrefs
Courts; though they are not Castles or Places of De-for the Rent. Old. Nat. Br. 66.
fence. 2 Inft. 31. And Manwood in his Forest-Laws,
fays there is an Officer of the Foreft called Caftella-
nus.
Catallis Beddendis, A Writ which lieth where
Goods being delivered to any Man to keep 'till a
certain Day, are not upon Demand delivered at
the Day. It may be otherwife called 'a Writ of De-
tinue: And is anfwerable to Actio depofiti in the Civil
Law. Sec Reg. Orig. 139. and Old Nat. Br. 63.
Catapulta, A warlike Engine to fhoot Darts:
Ed-
Caftellarium, Caftellarii, The Precinct or Jurif-
diction of a Caftle.- Et unum Toftum juxta Caftel-
larium. Mon. Ang. Tom. 2. f. 402.
Caßellojum Operatio, Caftle-work, or Service
and Labour done by inferior Tenants, for the Build-But 'tis rather taken for a Crofs bow. -
ing and Upholding of Castles of Defence; toward
which fome gave their perfonal Affiftance, and others
paid their Contribution. This was one of the three
neceffary Charges, to which all Lands among our
Saxon Ancestors were exprefly fubje&.
Liberi
ab omni fervitio, excepta trinoda neceffitate; Pontis, &c.
Arcis conftructione, & expeditione contra hoftem And
after the Conqueft an Immunity from this Burden
was fometimes granted: As King Hen. 2. granted to
the Tenants within the Honour of Wallingford-Ut
fint quieti de Operationibus Caftellorum. Paroch. Antiq.
pag. 114. It was unlawful to build any Castle with
out Leave of the King, which was called Caftellatio:
Hac mittant hominem in Mifericordia Regis, viz. Infractio
pacis, Infidelitas & proditio, defpectus de eo, Caftellatio
fine Licentia. Du Freſne.
mundus Willoughby tenet unum Meſſuagium & fex
Bovatas terra in Carleton ut de Manerio de Shelford
per fervitium unius Catapulta per Annum pro omni_fer-
vitio. Lib. Schedul. de Term. Mich. 14 H. 4. Notr.
fol. 210.
Castle-ward, (Caftelgardum, vel Wardum Caftri)
An Impofition laid upon fuch Perfons as dwell
within a certain Compafs of any Castle, towards the
Maintenance of fuch as Watch and Ward the Ca-
fle. Magn. Chart. cap. 20. 32 Hen. 8. cap. 48. It is
fometimes uſed for the Circuit itfelf, which is in-
habited by thofe that are fubject to this Service.
Catle-guard Rents were paid by Perfons dwelling
within the Liberty of any Castle, for the Maintain-
ing of Watch and Ward in the fame. Stat. 22
23 Cari 2.
Catafcopus, This Word fignifies an Archdea-
con: Adulfe Herefordenfis Ecclefia Catafcopus. Du
Cange.
Catchland, In Norfolk there are fome Grounds
which it is not known to what Parish they certainly
belong, fo that the Minifter who first feizes the
Tithes, does by that Right of Pre-occupation en-
joy them for that Year: And the Land of this du-
bious Nature, is there called Catchland, from this
Cuftom of feizing the Tithes. Corvel.
Catchpole, (quafi one that catches by the Poll.)
Sec Cachepollus.
Cathedral, (Ecclefia Cathedralis) Is the Church of
the Bishop, and Head of the Deocefe: Wherein
the Service of the Church is performed with great
Ceremony. Statutes ufed in the Government of
Cathedral and Collegiate Churches fince the Reftau-
ration, c. to be good and valid: But her Majefty
might alter, or make new Statutes for fettling the
Vifitation of them. Stat. 6 Ann. cap. 21..
Cathedjatick, (Cathedraticum) Is a Sum of 2 s.
paid to the Bishop by the inferior Clergy, in Argu-
Cafter, and Chester: The Names of Places end-mentum fubjectionis & ob honorem Cathedre. ft. Pro-
ing in theſe Words, are derived from the Lat. Ca
frum; for this Termination at the End, was gi-
ven by the Romans to thofe Places where they built
Cafiles.
Cafu Confimili, Is a Writ of Entry, granted
where Tenant by the Curtefy, or Tenant for Life,
aliens in Fee or in Tail, or for another's Life;
curat. & Synodals, pag. 82.
Willielmus
Catzurus, A Hunting Horfe
Fitz-Alan dat Regi duos bonos Catzuros, pro haben.
dis duabus Feriis apud Norton. Tenures, pag. 68. Vide
Chacurus.
Cattle, Shall be bought in open Fair or Market,
and not fold again in the fame Market on Pain of
G g
Forfeiture.
}
;
CA
GE
!
f
Forfeiture.
4 Ed. 6. c. 19. None may buy
any Cattle, and fell them again alive, until he
hath fed thèm five Weeks in his own Ground, or
where he hath Common, upon Pain to forfeit dou-
ble the Value, by Stat. 56 Ed. 6. c. 14. Farmers,
Graziers, c. may not have or keep above 2000
Sheep, accounting 120 to the Hundred, on Pain of
3 s. 4 d. for every Sheep: And he that keeps above
120 Sheep, or 20 Beats upon any Pafture Ground,
proper for Milch Kine, and not commonable, fhall
yearly for every 60 Sheep or 10 Cattle keep one
Milch Cow, and bring up one Calf, &c. under the
Penalty of 20 s. Stat. 25 H. 8. 2 @go 3 P. & M.
c. 3. No Cattle may be imported, dead or alive,
but ſhall be liable to Forfeiture: But Horfes, Cows,
Swine, c. may be tranfported, paying the Duties.
18 Car. 2. cap. 2. 22 Car. 2. cap. 13. Factors fhall
not buy Cattle, other than Swine or Calves, within
80 Miles of London, under Penaltics; and Drovers
of Cattle are to be licenſed by Justices of Peace,
Egoc. 22 Ego 23. Car. 2. 1 Fac. 2. The Stealing of
Sheep, or any other Cattle, or wilfully killing them,
with Intent to fteal their Carcaffes, is Felony by
14 Geo. 2. c. 6.
č. 6. See 15 Geo. 2. c. 34.
Cauda terræ, A Land's End, or the Bottom of
a Ridge in Arable Land. Cartul. Abbat. Glafton.
fol. 117.
Cabeat, Is a Kind of Procefs in the Spiritual
Court to stop the Inftitution of a Clerk to a Bene-
fice, or Probate of a Will, &c. When a Caveat is
entered against an Inftitution, if the Bishop after-
wards inftitutes a Clerk, it is void; the Caveat being
a Superfedeas: But a Caveat has been adjudged void
when entred in the Life-time of the Incumbent,
A Caveat entered againſt a Will, ftands in Force for
three Months; and this is for the Caution of the
Ordinary, that he do no Wrong: Though 'tis faid
the Temporal Courts do not regard thefe Sorts of
Caveats. i Roll. Rep. 191. 1 Nelf. Abr. 416, 417.
Cabers, Offenders relating to the Mines in Der-
byshire, who are puniſhable in the Berghmote or Mi-a
ners Court.
Caulceis, Anno 6 H. 6. cap. 5. Ways pitched with
Flint, or other Stones. See Calcetum.
Taurines, (Caurfini) Were Italians that came into
England about the Year 1235, terming themfelves
the Pope's Merchants, but driving no other Trade
than letting out Money; and having great Banks
in England, they differed little from Jews, fave (as
Hiftory fays) that they were rather more merciless to
their Debtors. Some will have them called Caurfines,
quafi, Caufa urfini, bearish and cruel in their Cau
les; others Caurfini, or Corfini, as coming from the
Ifle of Corfica: But Cowel fays, they have their
Name from Caorfium, Caorfi, a Town in Lombardy,
where they first practifed their Ats of Ufury and
Extortion; from whence spreading themſelves, they
carried their curfed Trade through most Parts of
Europe, and were a common Plague to every Nation
where they came. The then Biſhop of London ex-
communicated them: And King Hen. 3. banished
them from this Kingdom in the Year 1240. But
being the Pope's Solicitors and Money Changers,
they were permitted to return in the Year 1250,
Tho' in a very fhort Time after, they were driven
out of the Kingdom again for their intollerable
Exactions. Matt. Parif. pag. 403.
Caula` Matrimonii zalocuti, Is a Writ which
lies where a Woman gives Land to a Man in Fee-
fimple, &c. to the Intent he fhall marry her, and
he refufeth to do it in any reaſonable Time, being
thereunto required. Reg. Orig. 66. If a Woman
makes a Feoffment to a Stranger of Land in Fee,
to the Intent to enfeoff her, and one who fhall be
her Husband; if the Marriage fhall not take Ef
fe&t, the fhall have the Writ of Caufa Matrimonii
prelocuti against the Stranger, notwithstanding the
Deed of Feoffment be abfolure. New Nat. Br. 456.
I
A Woman enfeoffed a Man upon Condition that
he fhould take her to Wife, and he had a Wife at
the Time of the Feoffment; and afterwards the
Woman for not performing the Condition, entered
again into the Land, and her Entry was adjudged
lawful, tho' upon a fecond Feoffee. Lib. Af. Anno
40 Ed. 3. The Husband and Wife may fue the
Writ Caufa Matrimonii pralocuti againſt another who
ought to have married her: But if a Man give
Lands to a Woman to the Intent to marry him, al-
tho' the Woman will not marry him, &c. he ſhall
not have his Remedy by Writ Caufa Matrimonii
prelocuti. New Nat. Br. 455.
Caufam nobis fignifices, A Writ directed to a
Mayor of a Town, c. who was by the King's Writ
commanded to give Seifin of Lands to the King's
Grantee, on his delaying to do it, requiring him
to fhew Caufe why he fo delays the Performance
of his Duty. 4 Rep.
Caufes and Effets. In moft Cafes the Law hath
Refpect to the Caufe, or Beginning of a Thing, as
the principal Part on which all other Things are
founded: And herein the next, and not the remote
Cauſe is most looked upon, except it be in Covinous
and Criminal Things : And therefore that which is
not good at firft, will not be fo afterwards; for
fuch as is the Caufe, fuch is the Effect. Plowd. 208,
268. If an Infant or Feme Covert make a Will,
and publiſh it, and after die of full Age, or Sole,
the Will is of no Force, by Reafon of the original
Caufe of Infancy and Coverture. Finch 12, A Lord
diftrains his Tenant for Rent before due, the Te-
nant may juftify to make Refcous, the Lord ha-
ving no juſt Cauſe to diſtrain. Co Lit. 106. And if
a Man acknowledge a Statute by Duress, &c. he
may have an Audita Querela to avoid it. Fitz. Abr.
104. Where the Caufe cçafeth, the Effect or Thing
will ccafe: As Wedlock or Matrimony ceafing, the
Dower ceafes, &c. 1 Co. Inft. 13.
Cautione admittenda, Is a Writ that lies againſt
Bishop, who holds an excommunicated Perfon in
Prifon for Contempt, notwithſtanding he offers fuf-
ficient Caution or Security to obey the Orders and
Commandment of Holy Church for the Future.
Reg. Orig. 66. And if a Man be excommunicated,
and taken by a Writ Significavit, and after offers
Caution to the Bishop to obey the Church, and the
Bifhop refufeth it; the Party may fue out this
Writ to the Sheriff to go against the Bishop, and
to warn him to take Caution, &c. But if he ftand
in Doubt whether the Sheriff will deliver him by
that Writ, the Bishop may purchafe another Writ,
directed to the Sheriff reciting the Cafe, and in the
End thereof; Tibi præcipimus, quod ipfum A. B. a Pri
fona predict. nifi in prafentia tua cautionem pignorat. ad
minus eidem Epifc. de fatisfaciend. obtulerit, nullatenus
deliberes abfque mandato noftro, feu ipfius Epifcopi in bac
parte speciali, &c. When the Bishop hath taken Cau-
tion, he is to certify the fame into the Chancery,
and thereupon the Party fhall have a Writ unto the
Sheriff to deliver him. New Nat. Br. 142.
Ceapgilde, A Word derived from the Sax. Ceap,
Signifying Pecus, Cattle; and Gild, i..e. folutio; and
hence it is folutio Pecudis: From this Saxon Word
Gild, 'tis very probable we have our English Word
Yield; as Yield, or Pay. Cowel.
Celer Le&ti, is the Top, Head, or Tefter of a
Bed.- Dedit ad Cameram Prioris unum Le&tum cum
celere & Curtenis blodei coloris. Hift. Elien. apud
Whartoni Angl. Sac. par. 1. p. 673.
Cellerarius, the Butler in a Monaftery: In the
Univerfities they are fometimes called Manciple,
and Sometimes Caterer, and Steward.
Cendulæ, Small Pieces of Wood laid in Form of
Manda-
Tiles, to cover the Roof of a Houſe.
tum ad Cendulas & lattas noftras cariandas de Parco
ad Domus reficiendas. Pat. 4 Hen. 3. p. 1. m. 10.
Cenegild,
די
1
1
}
CE
CE
→
Cenegild, This is an expiatory Mula, paid by
one who killed another, to the Kindred of the De-
ceafed. Spelm.
-
for the Re-examining of a Matter paffed by Afſiſe
before Juftices: And this is ufed where a Man ap-
pearing by his Bailiff to an Affife brought by an
Cenelle, Acorns, from the Oak, in our old Wri-other hath loft the Day; and having fomething
tings, Pefona Cenellarum is put for the Pannage of
Hogs, or running of Swine, to feed on Acorns.
Cenninga, Was Notice given by the Buyer to
the Seller, that the Thing fold was claimed by an-
other, that he might appear and juftify the Sale:
It is mentioned in the Laws of Athelstan apud Bromp
ton, cap. 4.
Cenfaría, A Farm, or Houfe and Land, let ad
Cenfam, at a ſtanding Rent: It comes from the Fr.
Cenfe, which fignifies a Farm.-Henricus Sturmy
tenet Maneria in Com. Wilts. per fervitium cuftodiendi
ballivam totius Forefte de Savernake & cenfariam,
que vocatur la ferme in Forefta pradicta. Temp. Ed. 3.
Tenures, p. 88.
Cenfarií, Farmers. Ibi funt nunc 14 Cenfarii,
habentes feptem Carucatas. Blount.
Cenlure, A Cuſtom called by this Name (from
the Lat. Cenfus, which has been expounded to be a
Kind of perfonal Money, paid for every Poll) ob-
ſerved in divers Manors in Cornwal and Devon, where
all Perfons refiding therein above the Age of fixteen
are cited to fwear Fealty to the Lord, and to pay
11 d. per Poll, and 1 d. per Ann. ever after; and
thefe thus fworn are called Cenfers. Item erat
quadam Cuftuma que vocatur Cenfure proveniens de illis
qui manent in Burgo de Leftreythiel. Survey of the
Dutchy of Cornwal.
Centenarii, Were petty Judges under Sheriffs of
Counties, that had Rule of an Hundred, and judged
fmaller Matters among them.
I Vent. 211.
Ceola, A large Ship. The Word is mentioned
in Malmesbury. Lib. 1. c. 1.
Cepi Corpus, Is a Return made by the Sheriff,
upon a Capias, or other Proceſs to the like Pur-
pofe, that he hath taken the Body of the Party.
F. N. B. 26.
c.
more to plead for himself, which the Bailiff did
not, or might not plead for him, defires a farther
Examination of the Cauſe, either before the fame
Juftices, or others, and obtains Letters Patent to
them to that Effect; whereupon, he brings a Writ
to the Sheriff to call both the Party for whom the
Affife paffed, and the Jury that was impannelled on
the fame, before the faid Juftices at a certain Day
and Place, when the fame is to be examined: And
it is called a Certificate, becauſe therein Mention is
made to the Sheriff, that upon the Party's Com-
plaint of the defective Examination, as to the Affife
paffed, the King hath directed his Letters Patent
to the Juftices for the better Certifying of themselves,
whether all Points of the faid Affife were duly exa
mined. Reg. Orig. 200. F. N. B. 181. Bracton, lib.4.
c. 13. Horn's Mirr. lib. 3.
*
Certiorari, A Writ iffuing out of the Chancery to
an inferior Court, to call up the Records of a Caufe
there depending, that Juftice may be done therein,
upon Complaint that the Party who feeks the faid
Writ hath received hard Ufage, or is not like to
have an indifferent Trial in the faid Court. Fitz.
N. B. fol. 242. This Writ is either returnable in
the King's Bench, and then hath thefe Words, Nobis
mittatis; or in the Common Bench, and then has Fu
fticiariis noftris de Banco; or in the Chancery, and
then hath in Cancellaria noftra, &c. A Certiorari iffues
fometimes out of Chancery, and fometimes our of
the King's Bench, and lies where the King would
be certified of a Record, in any Court of Record;
and the King may fend fuch Writ to any of the
faid Courts, to certify fuch Record before him in
Banco, or in the Chancery, or before fuch o:her
Juftices, where he pleafes to have the fame certi-
fied. E N. B. 245. Certiorari lies to the Courts of
Wales; and to the Cinque Ports, Counties Pala-
tines, &c. 2 Hawk. P. C. 287. Indictments from in-
Ceppagíum, The Stumps or Roots of Trees
which remain in the Ground after the Trees are
felled.- Qui forefarii ceperint coopertiones, Ceppa-ferior Courts, and Proceedings of the Quarter-Sel-
gia & Efchaetas quercuum five aliarum arborum, fions of the Peace, &c. may be removed into B. R.
Fleta lib. 2. cap. 41.
by Certiorari: And 'tis faid a Certiorari to remove
Ceragium, Cerage, a Payment to find Candles an Indictment is good, although it bear Date before
in the Church. Matt. Paris. See Waxfcot.
the Taking thereof: But on a Certiorari the very
Certainty, Is a plain, clear and diftin&t fetting Record must be returned, and not a Tranfeript of
down of Things, fo that they may be understood.it; for if fo, then the Record will ftill remain in
5 Rep. 121. A convenient Certainty is required in the inferior Court, 2 Lill. 253. In B. R. the very
Writs, Declarations, Pleadings, c. But if a Record itſelf of Indictments, is removed by Cer
Writ abate for want of it, the Plaintiff may have tiorari; but ufually in Chancery, if a Certiorari be
another Writ: 'Tis otherwiſe if a Deed become returnable there, it removes only the Tenor of the
void by Incertainty, the Party may not have a new Record, and therefore if it be fent from thence in-
Deed at his Pleafure. 11 Rep. 25, 121. Dyer 84.to the King's Bench, they cannot proceed either to
That has Certainty enough, that may be made cer-
tain; but not like what is certain of itſelf. 4 Rep.
97. See Incertainty.
!
Certificando de recognitione Stapule, Is a Writ
commanding the Mayor of the Staple to certify to
the Lord Chancellor a Statute Staple taken before
him, where the Party himself detains it, and refu-
feth to bring in the fame. Reg. Orig. 152. There is
the like Writ to certify a Statute-Merchant; and in
divers other Cafes. Ibid. 148, 151, &c.
Certificate, Is a Writing made in any Court to
give Notice to another Court of any Thing done
therein, which is ufually by way of Tranfcript, &c.
And fometimes it is made by an Officer of the fame
Court, where Matters are referred to him, or a
Rule of Court is obtained for it; containing the
Tenor and Effect of what is done. The Clerks of
the Crown, Affize and Peace, are to make Certifi-
cates into B. R. of the Tenor of Indi&tments, Con-
victions, &c. under Penalties, by the Stat. 34
Hen. S.
35
Certification of life of Novel Diffeilin, (Cer-
tificatio Afifa Nova Diffeifine, &c.) Is a Writ granted
Judgment or Execution, becauſe they have but fuch
Tenor of the Record before them. 2 Hale's Hift. P.
C. 215. And altho' on a Habeas Corpus to remove
a Perfon, the Court may bail or diſcharge the Pri-
foner; they can give no Judgment upon the Re-
cord of the Indi&ment against him, without a Cer-
tiorari to remove it, but the fame ftands in Force as
it did, and new Procefs may iffue upon it: But 'tis
otherwiſe in Civil Cauſes. Ibid. 211. If an India-
ment be one, but the Offences feveral, where four
Perfons are indicted together; a Certiorari to remove
this Indictment against two of them, removes it
not as to the others, but as to them the Record re-
mains below. 2 Hale's Hift. 214. Where a Certio-
rari is by Law grantable for an Indi&ment, at the
Suit of the King, the Court is bound to award it,
for it is the King's Prerogative to fuc in what Court
he pleafes: But it is at the Diſcretion of the Court
to grant it or not, at the Prayer of the Defendant:
And the Court will not grant it for the Removal
of an Indictment before Juftices of Gaol-Delivery,
without fome fpecial Caufe; or where there is
much Difficulty in the Cafe; that the Judge defire-
it
C
!
CE
CE
G
ment.
*
Alfo Indict- other Side, or the Certiorari fhall not be granted.
it may be determined in B. R. &c.
ments of Perjury, Forgery, or for heinous Mifde- Raym. 74. The Court of B. R. will grant a new
meanors, the Court will not grant a Certiorari to re- Certiorari to affirm a Judgment, &c. Though genc-
move at the Inftance of the Defendant. 2 Hawk. rally one Perfon can have but one Certiorari, Cro.
P. C. 287. Where Iffue is joined in the Court be- Fac. 369. Returns of Certiorari's are to be under
low, it is a good Objection against Granting a Cer- Seal: And the Perfon to whom a Certiorari is di-
tiorari: And if a Perfon doth not make ufe of this re&ed, may make what Return he pleafes, and the
Writ till the Jury are fworn, he lofes the Benefit Court will not ftop the Filing of it, on Affidavits of
of it. Mod. Ca. 16. Stat. 43 Eliz. c. 5. After Con- its Fallity, except where the Publick Good re-
viction, a Certiorari may not be had to remove an quires it: The Remedy for a falfe Return, is
Indictment, &c. unless there be fpecial Caufe; A&tion on the Cafe, at the Suit of the Party in-
as if the Judge below is doubtful what Judgment is jured; and Information, &c. at the Suit of the
proper to be given, when it may: And after Con- King, 2 Hawk. P. C. 295. A Certiorari being once
viction, &c. it lies in fuch Cafes where Writ of delivered, makes all fubfequent Proceedings on the
Error will not lie. 1 Salk. 149. The Court on Mo-Record erroneous; whether the Proceedings are
tion in an extraordinary Cale will grant a Certiorari before or after its Return. It is faid the Lord
to remove a Judgment given in aa inferior Court; Chancellor, or any Judge of the Courts of Record
but this is done where the ordinary Way of taking at Westminster, may bring a Record ro one another,
our Execution is hindred in the inferior Court without a Certiorari; but not a Judge of an infe
1 Lill. Ab. 253. In common Cafes a Certiorari will rior Court, &c. 1 Nelf. 417, 418. A Certiorari may
not lie to remove a Caufe out of an inferior Court, be had to inferior Courts; but not to a Court Su-
after Verdict. It is never fued out after a Writ of perior, or that has equal Jurifdi&tion, in which
Error, but where Diminution is alledged: And Cafe Day is given to bring in the Record, &c. And
on a Certiorari to remove a Record out of an infe-
when the Thing in Demand doth not exceed 5 1. a
Certiorari fhall not be had, but a Writ of Error or rior Court, the Stile of their Court, and Power to
Attaint. Stat. 21 Fac. 1. cap. 23. A Certiorari is to hold Plea, and before whom, ought to be fhown on
If a Caufe
be granted on Matter of Law only: And in many their Certificate. Fenk. Cent. 114, 232.
Cafes there must be a Judge's Hand for it. 1 Lill be removed from an inferior Court by Certiorari,
252. Certiorari's to remove Indictments, &c. are to the Pledges in the Court below are not difcharged;
be figned by a Judge: And to remove Orders, the becaufe a Defendant may bring a Certiorari, and
Fiat for making out the Writ, must be figned by thereby the Plaintiff may lofe his Pledges. Skin.
fome Judge. 1 Salk. 150. In Vacation Time, a Cer- Rep. 244, 246.
tiorari may be granted by any of the Judges of
B. R. and Security is to be found before it is al
lowed. By Statute no Certiorari is to be granted Form of a Certiorari to certify the Record of a Judg-
out of B. R. to remove an Indi&tment before Juſti
ces of Peace at the Seffions, before Trial, unless
Motion be made in open Court, and the Party in-
dicted find Security by two Perfons in 20 1. each to
pload to the Indictment in B. R. c. And if the
Defendant profecuting the Certiorari be convicted,
the Court of B. R. fhall order Cofts to the Profe
cutor of the Indi&tment. Stat. 5 & 6 W. & M. cap.
If on a Certiorari to remove an Indictment,
the Party do not find Manucaptors in the Sum of
20 1. to plead to the Indictment, and try it, ac-
cording to the Statute, it is no Superfedeas. Mod.
Ca. 33. And a Procedendo may be granted where
Bail is not put in before a Judge, on a Certiorari.
It has been ruled that a Certiorari ought not to be
granted to remove any Order of Juftices, where
an Appeal lies to the Seffions, before the Matter is
determined on the Appeal. 1 Salk. 147. Yet Cer-
tiorari lies to Juftices of Peace, &c. even in Cafes
where they are impowered by Statute finally to
hear and determine. 1 Mod. 44. But Things may
not be removed from before Juftices of Peace,
which cannot be proceeded in by the Court where
removed; as in Cafe of refufing to take the Oaths,
c. which is to be certified and inquired into, ac-
cording to the Statute. I Salk. 145. And where
the Court which awards the Certiorari cannot hold
Plea on the Record, there but a Tenor of the
Record fhall be certified; for otherwife if the
Record was removed into B. R. as it cannot be
ſent back, there would be a Failure of Right
afterwards. 1 Dano Abr. 192. But a Record fent
by Certiorari into B. R. may be fent after by Mitti
mus into C. B. Ibid. 789. And a Record into B. R.
may be certified into Chancery, and from thence
be fent by Mittimus to an inferior Court; where
an Action of Debt is brought in the inferior Court,
and the Defendant pleads that the Plaintiff hath
recovered in B. R. and the Plaintiff replies Nul
tiel Record, &c. I Saund. 97, 99. If a Certiorari be
prayed to remove an Indi&ment out of London, or
Middlefex, three Days Notice must be given the
II.
2
EORGE the Second, &c. to the Mayor and
Sheriffs of our City of E. and to every of them, in
our Court at the Guildhall there, Greeting: Whereas A. B.
hath lately in our faid Court of the faid City, according
to the Cuftom of the fame Court, impleaded C. D. late
of, &c. in an Action of Debt upon Demand of Thirty
Pounds; and thereupon in our faid Court before you, ob-
tained Fudgment against the faid C. for the Recovery of
the faid Debt: And we being defirous for certain Řea-
fons, that the faid Record fhould by you be certified to
us, do Command you, that you send under your Seals the
Record of the faid Recovery, with all Things touching the
fame, into our Court before us at Westminster, on the
Day, &c. plainly and diftinctly, and in as full and am-
ple Manner as it now remains before you, together with
this Writ; fo that We on the Part of the faid A. may be
able to proceed to the Execution of the Said Fudgment,
and do what shall appear to us of Right ought to be done.
Witnefs, &c.
Cert-Money, (quafi certain Money) Iş Head-Mo-
ney, paid yearly by the Refiants of feveral Manors
to the Lords thereof, for the certain Keeping of the
Leet; and fometimes to the Hundred: As the Ma-
nor of Hook in Dorfetfhire, pays Cert Money to the
Hundred of Egerdon. In antient Records this is
called Certum Leta. See Common Fine.
Cervilarii. The Saxons had a Duty called Drin
clean, that is retributio Potus, payable by their Te-
nants; and fuch Tenants were in Domesday called
Cervifarii, from Cervifia, Ale, their chief Drink: Tho'
Cervifarius vulgarly fignifies a Beer or Ale Brewer:
Cerura, A Mound, Fence, or Inclofure
Willielmus de Lucy Miles, dedit Thomæ S. Miniftro
Domus de Thelesford, licentiam Domos portas le-
vare, adificare, & cum Ceruris & Muris includere, &c.
Cart. priorat. de Thelesford MS.
Cefat Executio. In Trefpafs against two Per
fons, if it be tried and found againſt one, and the
Plaintiff takes his Execution against him, the
Writ
1
1
CE
CH
Ceffor, (Lat.) A Loiterer; but more particu-
larly uted for him who cenfeth, or neglects fo long
to perform a Duty, as he thereby incurs the Dan-
ger of the Law. Old. Nat. Br. 156.
Ceffure, or Ceffer, Is ufcd for ceafing, giving over;
or departing from. Stat. Weftm. 2. c. I.
Writ will abate as to the other; for there ought to be faid to be void by Ceffion, when the Incumbent
be a Ceffat Executio 'till it is tried against the other thereof accepts of another Benefice, but alſo when
Defendant. 10 Ed. 4. 11. See Execution, &c.
fuch Incumbent is made a Bishop; for thereby all
Ceffabit, Is a Writ that lies in divers Cafes, up his Ecclefiaftical Preferments which he had before,
on this general Ground, that he against whom it is whether with, or without Cure, are actually void.
brought, hath for two Years neglected to perform Vaugh. 19. But it is not the Election of any one
fuch Service, or to pay fuch a Rent, as he is tied to be a Bishop, and Confirmation thereof, that
to by his Tenure, and hath not upon his Lands or doth void his former Preferments, until Confecra-
Tenements fufficient Goods or Chattels to be di- tion be alfo had: And by Difpenfation of Retain-
ftrained. F. N. B. 280. And if a Tenant for Years er, a Bishop may retain fome, or all of thofe Pre-
of Land at certain Rent, fuffers the Rent to be be- ferments he was intitled to before he was Bishop.
hind two Years, and there is no fuch Diftrefs to be Dyer 223. The Cefon on Promotion of a Bishop,
had upon the Land; then the Landlord fhall reco- not making an Avoidance in the common Way,
ver the Land: But if the Tenant come into Court and it being by the King's Means that the Li-
before Judgment given, and tender the Arrearages vings are void, whofe Prefentation in fuch a Cafe
and Damages, and find Security that he fhall ceafe is only as it were an Exchange of one Life for
no more in Payment of the Rent, then the Tenant another, intitles the King to prefent to thofe Li-
fhall not lofe his Land. Terms de Ley 107. By Sta-vings, and as he is Supreme Patron. Ceim makes
tute, if a Fee-Farmer ceafe to pay his Rent two a Living void, without any Refignation, Depriva-
Years, the Leffor may have a Cefavit, and recover tion, &c.
the Land: And in this Cafe, the Heir of the De-
mandant may maintain a Ceffavit against the Heir
or Affign of the Tenant. 6 Ed. 1. cap. 4. But in o-
ther Cafes, the Heir may not bring this Writ for
Ceffure in the Time of his Anceftor: And it lies
not but for annual Service, Rent, and fuch like;
not for Homage or Fealty. If a Man ceafe to pay
his Rent and Services for two Years, and inclofe
the Land, fo as the Lord cannot diftrain, if he lay
not open the Gates or Hedges of the Land which
make the Inclofure, the Lord fhall have a Ceffa-
vit, although the Tenant bath fufficient Cattle
on the Land to be diftrained for the Rent: For the
Land ought to be open, and likewife there fhould
be fufficient to distrain for the Rent, &c. And
where the Tenant fuffereth the Land to lie fresh,
not occupied for two Years together, it is faid this
Writ will lie. New Nat. Br. 463, 464. The Lord
fhall have a Writ of Celavit against Tenant for
Life, where the Remainder is over in Fee to an-
other: But the Donor of an Eftate-tail fhall not
have a Ceffavit againſt the Tenant in Tail: Tho'
if a Man make a Gift in Tail, the Remainder o
ver in Fee to another, or to the Heirs of the Te
nant in Tail, there the Lord of whom the Lands
are holden immediate, fhall have a Cefavit against
the Tenant in Tail, becauſe that he is Tenant to
him, &c. Ibid. If the Lord diftrains pendant the
Writ of Cefavit against his Tenant, the Writ fhall
abate. The Writ Ceffavit is directed to the Sheriff,
To command A. B. that, &c. he render to C. D. one
Meffuage, which he holds by certain Services, and which
ought to come to the faid C. by Force of the Statute, &c.
becauſe the faid A. in doing thofe Services has ceafed two
Years, &c.
up.
Ceflavit de Cantaría, Lies where a Man gives
Land to any Houfe of Religion or Parfon, to fay
Divine Service, provide Alms for the Poor, &c. If
the faid Services be not done in two Years, the
Doner or his Heirs fhall have this Writ against him
that holds the Land thus given, after fuch Ceffure.
Stat. Weftm. 2. c. 41.
Celui que Trust, Is he who hath a Truft in
Lands or Tenements, committed to him for the
Benefit of another. Anno 12 Car. 2. cap. 30. And
Lands of Ceftui que Truft may be delivered in Exe-
cution, where any Perfon is feifed in Trust for an-
other. 29 Car. 2.
If the Perfon intrufted doth not
perform his Trust, he is compellable in the Chan-
cery, &c.
Celtui que fe, (Fr. Ceftui a l'ufe de qui) Signi-
fies him to whole Use any other Man is enfcoffed
of Lands or Tenements. 1 Rep. 133. Feoffees to
Ufes were formerly deemed Owners of the Lands;
but now the Poffeffion is adjudged in Ceftui que Ufe,
and without any Entry he may bring Affife, &c.
Stat. 27 Hen. S. Cro. Eliz. 46. See Ufe.
Ceftui que Mie, Is he for whofe Life any Lands
or Tenements are granted. Perk. 97. And if Tenant
for Term of another's Life dieth, while Ceftui que
Vie is living; now, by the Common Law, he that
first entereth, fhall hold the Land as Occupant
during fuch other Perfon's Life. I Inst. 41, 388.
But this is prevented by making Leaíes for the
Lives of others to the Leffees, their Heirs or Exe-
cutors, during the Life of Ceftui que Vie, &. And
the Star. 29 Car. 2. cap. 3. charges fuch Lands for
Debt. See Occupant.
Chacea, Is a Station of Game, more extended
than a Park, and less than a Forest: And is fome-
times taken for the Liberty of chafing or hunting
within fuch a Diftri&t. And according to Blount it
hath another Signification, i. e. The way through
to Pafture, commonly
which Cattle are drove
called in fome Places a Drove-Way; Ut fi quis omnino
viam obftruit vel Chaceam per quam ingredi folet pa·
fture. Bra&ton lib. 4. c. 44. Vide Chafe.
Chaceare ad Lepores, vel vulpes: To hunt Hare or
Fox. Licet, &c. Chaccare ad Lepores vulpes
in Manerio fuo de Donham. Cartular. Abbat. Glafton.
MS. 87.
Rot. 7 Foban
Chafe, From the Fr. Chaufer to heat, whence our
Chafing Dish.
Ceffe, Signifies an Affeffment, or Tax, and is men-
tioned in the Stat. 22 Hen. S. cap. 3. Ceffe or Ceaffe,
in Ireland, is an Exaction of Victuals, at a certain
Rate, for Soldiers in Garriſon. Antig. Hibernie. Chacurus, (from the Fr. Chaffeur) A Horfe for
Cellion, (Ceffio) A Ceafing, Yielding up, or Githe Chale; or rather a Hound or Dog, a Courfer.
ving over. And is when an Ecclefiaftical Perfon is
created Bishop, or a Parfon of a Parfonage takes
another Benefice, without Difpenfation, or other-
wife not qualified, &c. In both Cafes their first
Benefices are become void, and are in the Law faid
to be void by Ceffion: And to thoſe Benefices that
the Perfon had who was created Bishop, the King
ſhall preſent for that Time, whoever is Patron of
them; and in the other Cafe the Patron may pre-
fent, Cowel. Not only a Benefice with Cure, may
Chafewar. An Officer in Chancery, that fitteth
the Wax for fealing of the Writs, and fuch other
Inftruments as are there made to be iſſued out: So
in France, Calefa&tores ceræ funt, qui Regiis literis
in Cancellaria ceram imprimunt. Corafius.
Chaffers, Seem to fignify Wares or Merchan-
dize; and we yet ufe Chaffering for buying and fel-
ling,
Hh
CH
CH
1
ling, tho' I take it to be generally a Kind of bar
tering of one Thing for another; it is mentioned
in the Stat. of 3. Ed. 4. 0.4.
Chaldian or Chalder of Coals, contains thirty-
fix Bufhels heaped up, according to the Bufhel
fealed for that Purpofe at Guildhall, London. Stat.
16 & 17 Car. 2. C. 2.
Chalking. The Merchants of the Staple require
to be cafed of divers new Impofitions, as Chalking,
Ironage, Wharfage, &c. Rot. Parl. 50 Ed. 3.
་
{
Caufe, Matter or Title; if one labours a Juror to
give his Verdi&t; if after he is returned, a Juror
cats and drinks at the Charge of either Party; if
the Plaintiff, c. be his Mafter, or the Juror hath
any Intereft in the Thing demanded, c. theſe are
Challenges to the Favour. 2 Roll. Abr. 636. Hob. 294.
If the Juror is convicted and attainted of Treafon,
Felony, Perjury, adjudged to the Pillory, or other
Punishment, whereby he becomes infamous, or is
outlawed, or excommunicate; theſe are all Princi
pal Challenges: But in thefe Cafes and others,
he that challengeth, is to fhew the Record, if he will
have it take Place as a Principal Challenge; other-
wife he muft conclude to the Favour, unless it be
a Record of the fame Court. 1 Inft. 157. A Perfon
under Profecution for any Crime, may before in-
dicted, challenge any of the Grand Jury, as being
outlawed, &c. or returned at the Inftance of the
Profecuror, or not returned by the proper Officer,
he muft fhew the Caufe of his Challenge. Raym. 4736
There may be a Principal Caufe of Challenge to the
Array, and a Challenge to the Favour: A Principal
Caufe of Challenge is in Refpect of Partiality or
Default of the Sheriff, &c. and not in Refpect of
the Perfons returned; and this Partiality in the
Sheriff, may be by Reafon of Kindred, or Affinity
to the Plaintiff or Defendant; or if one of the
Jury is returned at the Nomination of the Plain-
tiff or Defendant; if a Knight be not returned,
Challenge, Calumnia (from the Fr. Chalenger) is when a Peer is Party, &c. 1 Inft. 156, 157. Chal-
ufed in the Law for an Exception to Jurors, who lenge to the Favour is where the Plaintiff or Defen-
are returned to país on a Trial. And this Challenge dant is Tenant to the Sheriff, or if the Sheriff's
to Jurors is either made to the Array, or to the Son hath married the Daughter of the Party, &c.
Polls: To the Array is, when Exception is taken and is alfo when either Parry cannot take any Prin-
to the whole Number impanelled; and to the cipal Challenge, but fheweth Caufe of Favour; and
Polls is, when fome one or more are excepted a- Caufes of Favour are infinite. But where the King
gainft, as not indifferent. Challenge to Jurors is alfo is Party, one fhall not challenge the Array for Fa-
divided into Challenge Principal or Peremptory; and vour, though the King may do it. Wood's Inft., 592.
Challenge per Caufe, i. e. upon Caufe or Reafon: Where Challenge is to the Favour, by Reafon of
Challenge Principal or Peremptory, is that which Kindred to the Sheriff, you must fhew how Kin,
the Law allows without Caufe alledged, or further and then the Challenge is good. 1 Nelf. Abr. 423.
Examination; as a Prifoner at the Bar, arraigned If one of the Parties is of Affinity to a Juror, the
for Felony, may Challenge peremptorily the Num- Juror hath married the Plaintiff's Daughter, &c.
ber allowed him by Law, one after another, al-If a Juror bath given a Verdict before in the
ledging no Caufe, but his own Diflike, and they
fhall be put off, and new taken in their Places:
But yet there is a Difference between Challenge
Principal, and Challenge Peremptory; this being
ufed only in Matters Criminal, and barely without
Caufe alledged; whereas that is in Civil Actions
for the most part, and by affigning fome fuch Caufe
of Exception, as being found true the Law allows.
Staundf. P. C. 124, 157. Lamb. Eiren. lib. 4. cap. 14.
In Treafon, and Petit Treafon, the Number of
thirty-five Jurors may be peremptorily challenged,
without fhewing any Caufe, in Favour of Life;
and in Murder and Felony, twenty: And more
may be challenged fhewing Caufe. 1 Inft. 155. 22 H.8.
сар. 14. 1 P. & M. cap. 10. A Perfon indicted of
Treafon may challenge thirty-five of thofe returned
on the Panel of Jurors to try him, without Caufe
fhewn; and if two or more are to be tried, they
may challenge fo many each, but then they are to
be tried fingly, or all may challenge that Number in c. 2 Hawk. P. C. 215. As a Peer ought not to
the Whole, and be tried jointly. 3 Salk. S1. By be fworn on Juries, he may be challenged: But a
the Stat. 3 Hen. 7. c. 14. In Treafon for compaffing Peer of the Realm tried for Treafon or Felony,
to kill the King, &c. no Challenge fhall be allowed, fhall not challenge any of his Peers. Trials per pais
but for Malice. If a Prifoner challenge peremptorily 130. A Juror may be challenged for Defect, as well
more than allowed, he is to be dealt with as one as for any Crime; as Defect of Birth, where he is
ftanding Mute, &c. And fome Statutes which take an Alien born; of Age, because a Minor; or of
away the Benefit of Clergy from Felons, exclude Eftate, for Want of ten Pounds per Annum Free-
thofe their Clergy who peremptorily challenge more hold, &c. in the fame County, or a Talefman five
than twenty, whereby they are liable to Judgment Pounds a Year, by Stat. 4 S5 W. & M. c. 24. In
of Death. 2 Hawk. P. C. 414. 3 & 4 W. & M. c. 9. Corporation Towns Freemen worth forty Pounds
But if the Offence be within the Benefit of the in Goods, are qualified to be Jurors for trying of
Clergy, the Challenge fhall be over-ruled, and the Felonies. Stat. 23 Hen. S. But on Trials in London
Party put upon his Trial. The King cannot chal- for High Treafon, every Juror ought to have fuch
lenge peremptorily in Murder, &c. without fhew- Freehold, &c. as is required by 4 5. W. & M.
ing caufe. Moor 595. And by Stat. 33 E. 1. if thofe And common Jurors there, are to have Lands or
who profecute for the King challenge a Juror, they Goods of One hundred Pounds value, &c. by Stat.
fhall affign the Caufe; and if they alledge not a
3 Geo. 2.
A Principal Challenge, being found true, is
good Caufe, the Inqueft fhall be taken. All Pe- fufficient without leaving it to Triers: But if fome
remptory Challenges are to be taken by the Party of a Jury are challenged for Favour, they fhall be tried
himself; and where there are divers Challenges, they by the Reft of the Jury, whether indifferent. 1 Inft.
nuft be taken all at once. But there can be no 158. And where a Challenge is made to the Array,
Challenge till the Jury is full; and then the Array is the Court appoint two Friers, who are sworn, and
to be challenged before one of them is worn. Heb. 235. then the Caufe of Favour is fhewed to them, which
Where the King is Party, if the other Side challenge may be called the Iffuc they are to try; and if
a Juror above the Number allowed by Law, he 'tis proved, then they give their Verdi&t that they
ought to fhew the Caufe of his Challenge immediately. are not indifferently impanelled, and this is en
1 Bulſt. 191. A Defendant fhall fhew all Caufes of rered of Record: But if the Favour is not proved,
Challenge, before the King fhall fhew any. 2 Hawk. then they fay that the Jury was indifferently im-
413. And the King ought not to fhew his Caufe of panelled, and fo the Trial goes on, without making
Challenge before all the Jurors are called over; for any Entry of the Matter. 1 Bulft. 114. If one
if there are enough befides thofe challenged, there take a Principal Challenge against a Juror, he can-
will be no Occafion to fhew any Caufe why he chal-not afterwards challenge that Juror for Favour, and
lenged the Rcft: But if there are not enough, then wave his former Challenge: But a Challenge may be
C.
4
made
CH
CH
1
1
And there are Cham-
made to the Polls, after made to the Array. Wood our Laws, Statutes and Chronicles: As firſt there
592. A new Jury is to be impanelled by the Coro- is Lord Great Chamberlain of England, to whoſe Of-
ner, where the Array is quafhed for Partiality, &c. fice belongs the Government of the Palace at Wef
of the Sheriff. If there be Caufe of Challenge minster, and upon all folemn Occafions the Keys of
against the Sheriff, the Procefs is to be directed to Westminster Hall, and the Court of Requests are de-
the Coroners; and if there is Caufe of Challenge livered to him: He difpofcs of the Sword of State
against them, the Court will appoint certain Elifors, to be carried before the King when he comes to
against whofe Return no Challenge can be taken to the Parliament, and goes on the Right Hand of the
the Array, though it may be to the Polls. Trials Sword next to the King's Perfon: He has the Care
per pais 15. If a Plaintiff or Defendant have Action of providing all Things in the House of Lords in
of Battery, &c. against the Sheriff, or the Sheriff Time of Parliament; to him belongs Livery and
against them, it is Caufe of Challenge: And if either Lodgings in the King's Court, &c. And the Gen-
of the Parties have Action of Debt against the tleman Ufher of the Black Rod, Yeoman Ulher,
Sheriff; or if the Sheriff hath any Parcel of Land &c. are under his Authority. The Lord Chamber-
depending on the fame Title as the Parties; or if lain of the Houshold has the Overfight and Govern-
he, or his Bailiffs who returned the Jury, be un- ment of all Officers belonging to the King's Cham-
der the Distress of either Party, &c. Theſe are ber, (except the Bed-chamber, which is under the
good Caufes of Challenge. Ibid. 154. Where one of Groom of the Stole) and alfo of the Wardrobe; of
the Jurors hath a Suit of Law depending with the Artificers retained in the King's Service, Meffen-
Plaintiff, tis good Challenge. Stile 129. An Action gers, Comedians, Revels, Mufick, &c. The Ser-
depending betwixt either of the Parties and a Ju-jeants at Arms are likewife under his Infpection;
ror, implying Malice, is Caufe of Challenge: And a and the King's Chaplains, Phyficians, Apothecaries,
Juror may be challenged for holding Lands by the Surgeons, Barbers, &c. And he hath under him a
ame Title as the Defendant. 2 Leon. 40. If a Per- Vice-Chamberlain, both being always Privy Counſel-
fon owes Suit of Court, &c. to a Lord of a Hun-lors. There were formerly Chamberlains of the
dred who is Plaintiff, it is a Principal Challenge, as King's Courts. 7 Ed. 6. cap. 1.
he is within the Diftrefs of the Plaintiff. Dyer 176. berlains of the Exchequer, who keep a Controlment of
But it is faid to be no Challenge that a Perfon is in the Pells of Receipts and Exitus, and have in their
Debt to either Party. 1 Nelf. Abr. 426. A Juror re- Cuftody the Leagues and Treaties with foreign
turned by a wrong Name, may be challenged and Princes, many antient Records, the two famous
withdrawn, fo that the Jury fhall not be taken; Books of Antiquity called Domesday, and the Black
yet a Tales may be granted. 1 Lill. Abr. 260. And Book of the Exchequer; and the Standards of Money,
if a Juror declares the Right of either of the Par- and Weights, and Meaſures are kept by them.
ties, c. it is Caufe of Challenge: Though it hath There are alfo Under-Chamberlains of the Exche-
been ruled that it is not fufficient Caufe of Chal- quer, who make Searches for all Records in the
lenge, that a Juror delivered his Opinion touching Treafury; and are concerned in making out the
the Title of the Land in Queftion; becaufe his O- Tallies, &c. The Office of Chamberlain of the
pinion may be altered on hearing the Evidence. Exchequer is mentioned in the Stat. 34 35 H. S.
Pafch. 23 Car. B. R. If there are two Demandants cap. 16. Besides thefe, we read of a Chamberlain of
in a real Action, or two Tenants, and one challenge a North Wales. Stow. pag. 641. A Chamberlain of Che-
Juror, and the other will not, the Juror (the Chal-fter, to whom it belongs to receive the Rents and
lenge being allow'd) fhall be drawn against the Reft. Revenues of that City; and when there is no Prince
11 H. 6. 15. Fenk. Cent. 114. To fay of a Perfon to of Wales, and Earl of Chester, he hath the Recei-
be tried for any Crime, that he is Guilty, or will be ving and Returning of all Writs coming thither
hanged, &c. is good Caufe of Challenge; but the Pri-out of any of the King's Courts. The Chamberlain of
foner must prove it by Witneffes, and not out of the London, who is commonly the Receiver of the City
Mouth of the Juryman, who may not be examined: Rents payable into the Chamber; and hath great
And tho' a Juryman may be asked upon a Voire dire Authority in making and determining Rights of
whether he hath any Intereft in the Cafe, or whe-Freemen, concerning Apprentices, Orphans, c.
ther he hath a Freehold, &c. yet a Juryman, or a
Witnefs, fhall not be examined, whether he hath
been convict of Felony, or guilty of any Crime,
c. which would make a Man difcover that of
himſelf which tends to make him infamous, and
the Anfwer might charge him with a Mifdemeanor. Champarty, or Champerty, (from the Fr. Champ,
1 Salk. 153. Default of Hundredors is Caufe of a Field, and Parti divided, or the Lat. Campus, and
Challenge by the Common Law; but by Statute Partitio, because the Parties in Champerty agree to
4 & 5 Ann. cap. 16. every Venire facias for Trial of divide the Thing in Queftion) Signifies a Bargain
fucs in any Court of Record, fhall be awarded of with the Plaintiff or Defendant in any Suit, to
the Body of the proper County; though this ex-have Part of the Land, Debt, or other Thing fuod
tends only to Civil Caufes, and not to Appeals of for, if the Party that undertakes it prevails there-
Felony, Indictments, &c. In a Writ of Right, in. 1 Inft. 368. This feems to have been an ancient
four Knights were returned; they must appear Grievance in our Nation; for notwithstanding the
with their Swords, or it will be good Caufe of Chal- feveral Statutes of 3 Ed. 1. cap. 25. 13 Ed. 1. c. 49.
lenge. Moor 67. If one challenge a Juror, and the Chal- 28 Ed. 1. cap. 11. and 33 Ed. 1. &. and a Form of
lenge is entered, he may not afterwards have a Writ framed to them; yet 4 Ed. 3. cap. 11. and
him fworn on the Jury. And if the Defendant do 33 Hen. S. enacted, That whereas former Statutes
not appear at the Trial when called, he lofeth his provided Redress for this Evil in the King's Bench
Challenge to the Jurors, tho' he afterwards appear. only, from henceforth it fhould be lawful for Ju-
1 Lill. Abr. 259. When the Jury appear at a Trial, ftices of the Common Pleas, Juftices of Affife, and
before the Secondary calls them to be fworn, he bids Juftices of Peace in their Quarter-Seffions, to in-
the Plaintiff and Defendant to attend their Chal-quire, hear and determine this and fuch like Cafes,
lenges, &c. Sce. Fury.
Chamberdekins, or Chamber Deacons, were cer-
tain poor Irish Scholars, cloathed in mean Habit,
and living under no Rule; banished England by
Stat. 1 Hen. 5. cap. 7, 8.
Chamberlain, (Camerarius) Is varioufly used in
1
Chambers of the Ring, (Regi& Camera) The Ha-
vens or Ports of the Kingdom are fo called in our
antient Records. Mare Clauf. fol. 242.
Chambre depin&t, Antiently St. Edward's Cham-
ber, now called the Painted Chamber.
as well at the Suit of the King, as of the Party:
And this Offence is punishable by Common Law
and Satute; the Stat. 33 Ed. 1. makes the Offen-
ders liable to three Years Imprifonment, and a Fine
at the King's Pleafure. By the Stat. 28 E. 1. c. II.
it is ordained, that no Officer, nor any other, fhall
take
4
1
f
A
CH
CH
ت
¡
:
:
Champertos, By Statute, are they who move
Pleas or Suits, or caufe thera to be moved, either
by their own Procurement, or by others, and fuc
them at their proper Cofts, to have Part of the
Land in Variance, or Part of the Gain. 33 Ed. 1.
Champertores, vel Campi Participes, funt qui
per fe vel per alios placita movent, vel movere faciunt,
ea fuis fumptibus profequuntur ad Campi partem,
vel pro parte lucri habenda. Stat. 2.
Artic. fuper
Chart. 11.
And
take upon him any Buſineſs in Suit, to have Part
of the Thing in Plea; nor none upon any Cove
nant, fhall give up his Right to another; and if
any do, and be convicted thereof, the Taker fhall
forfeit to the King fo much of his Lands and
Goods as amounts to the Value of the Part pur-
chafed, & for fuch Maintenance. In the Con-
ftruction of thefe Statutes, it hath been adjudged,
that under the Word Covenant, all Kinds of Pro-
mifes and Contracts are included, whether by Wri-
ting, or Parol: That Rent granted out of Land in Champion, (Campio) Is taken in the Law not on-
Variance, is within the Statute of Champerty: Andly for him that fights a Combat in his own Caufe;
Grants of Part of the Thing in Suit made merely but alfo for him that doth it in the Place or Quar-
in Confideration of the Maintenance, are within rel of another. Bract. lib. 3. Tract. 2. cap. 21.
the Meaning of this Statute; but not fuch as are in Sir Edward Bifhe's Notes on Upton, fol. 36. you
made in Confideration of a precedent honeft Debt, will find that Henry de Ferneberg for 30 Marks Fee;
which is agreed to be fatisfied with the Thing in did by Charter covenant to be Champion to Roger Ab-
Demand when recovered. F. N. B. 172. 2 Inft 209, bot of Glastonbury. An. 42 Hen. 3. Thefe Champions,
2 Roll. Abr. 113. It is faid not to be material, whe- mentioned in our Law-Books and Hiftories, were
ther he who brings a Writ of Champerty, did in ufually hired; and any one might hire them, ex-
Truth fuffer any Damage by it; or whether the cept Parricides, and thoſe who were accufed of the
Plea wherein it is alledged be determined or not. highest Offences: Before they came into the Field,
1 Haak. 257. A Conveyance executed hanging a they fhaved their Heads, and made Oath that they
Plea, in Purſuance of a Bargain made before, is believed the Perfons who hired them, were in the
not within the Statutes against Camperty: And if a Right, and that they would defend their Caufe to
Man purchaſe Land of a Party, pending the Writ, the utmost of their Power; which was always done
if it be Bona fide, and not to maintain, it is not on Foot, and with no other Weapon than a Stick
Champerty. F. N. B. 272. 2 Roll. Abr. 113. But it or Clib, and a Shield: And before they engaged,
hath been held, that the Purchaſe of Land while a they always made an Offering to the Church, that
Suit of Equity concerning it is depending, is within God might affift them in the Battle. When the
the Purview of the Statute 28 E. 1. Moor 655. A Battle was over, the Punishment of a Champion o-
Leafe for Life, or Years, or a voluntary Gift of vercome, and likewife the Perfon for whom he
Land, is within the Statutes of Champerty; but not fought, was various: If it was the Champion of a
a Surrender made by a Leffee to his Leffor: Or a Woman for a Capital Offence, fhe was burnt, and
Conveyance relating to Lands in Suit, made by a the Champion hanged: If it was of a Man, and
Father to his Son, c. 1 Hawk. P. C. 258. The Gi-not for a Capital Crime, he not only made Satif
ving of Part of the Lands in Suit, after the End of
it, to a Counsellor for his Wages, is not Champerty,
if there be no precedent Bargain relating to fuch
Gift: But if it had been agreed between the Coun-
Tellor and his Client before the Action brought, that
he fhould have Part for his Wages, then it would be
Champerty. Bro. Champert. 3. And it is dangerous to
meddle with any fuch Gift, fince it carries with it
a ftrong Prefumption of Champerty. 2 Inft. 564. If
any Attorney follow a Caufe to be paid in grofs,
when the Thing in Suit is recovered, it hath been
adjudged that this is Champerty. Heb. 117. Every
Champerty implies Maintenance; but every Mainte-
nance is not Champerty; for Champerty is but a Spe-
cies of Maintenance. Crom. Fur. 39. 2 Inft. 208.
T
I
Form of an Indictment for Champerty.
Wilts. ff.THE Jurors, &c. prefent, That where-
as by the Common Council of the Kingdom
of England, or by a Statute made, &c. it is provided,
That no Officer of our Sovereign Lord the King, nor any
other shall maintain Pleas, Suits, or Matters depending
in the King's Courts, for Lands, Tenements, or other
Things whatsoever, to have Part of the Thing in Variance,
or any Profit by Covenant made for that Purpose, nor shall
any under fuch Covenant give up his Right to another, as
in the faid Statute is fully contained: Nevertheless one
E. F. on the Day, &c. in the Year of the Reign, &c. at
M. in the faid County, bath undertaken to maintain, and
kath maintained a certain Suit, (which was depending in
the King's Court, before the King himself, by a Writ of
our faid Lord the King, between A. B. and C. D. in a
Plea of Debt for, &c. which the faid A. B. demanded of
the faid C. D.) to have Part of the Debt and Damages
recovered in that Suit, that is to fay, to have half of the
faid Debt and Damages, by Covenant made between the
faid E. F. and A. B. against the Peace of our faid Lord
the now King, his Crown and Dignity, and against the
Form of the Statute aforefaid in fuch Cafe made and
provided.
faction, but had his Right Hand cut off; and the
Man was to be clofe confined in Prifon, 'till the
Battle was over. Bract. lib. 2. c. 35. Sce Combat.
Champion of the King, (Campio Regis) Is an an-
tient Officer, whofe Office it is at the Coronation
of our Kings, when the King is at Dinner, to ride
armed Cap-a-pe into Westminster-Hall, and by the Pro-
clamation of a Herald make a Challenge, That if
any Man fhall deny the King's Title to the Crown, he
is there ready to defend it in fingle Combat, &c. Which
being done, the King drinks to him, and fends
him a gilt Cup, with a Cover, full of Wine, which
the Champion drinks, and hath the Cup for his Fee.
This Office, ever fince the Coronation of King Ri-
chard II. when Baldwin Freville exhibited his Peri-
tion for it, was adjudged from him to Sir John Dy-
mocke his Competitor, (both claiming from Mar-
mion) and hath continued ever fince in the Family
of the Dymockes; who hold the Manor of Scrivelsby
in Lincolnshire, Hereditary from the Marmions, by
Grand Serjeanty, viz. That the Lord thereof fhall
be the King's Champion, as abovefaid. Accordingly
Sir Edward Dymocke performed this Office at the
Coronation of King Charles II.
Chancellor, (Cancellarius) Was at firft only a
chief Notary or Scribe under the Emperor, and
was called Cancellarius, because he fate infra Cancellos,
to avoid the Crowd of the People. This Word is
by fome derived from Cancello, and by others from
Chancellis, an inclofed or feparated Place, or Chan-
cel, encompaffed with Bars, to defend the Judges,
and other Officers from the Prefs of the Publick.
And Cancellarius originally, as Lupanus thinks, figni-
fied only the Regifters in Court; Grapharios, feil.
qui confcribendis excipiendis Judicum actis dant ope-
ram: But this Name and Officer is of late Times
greatly advanced, not only in this, but in other
Kingdoms; for he is the chief Adminiftrator of
Juftice, next to the Sovereign, who antiently heard
equitable Caufes himself. All other Juftices in
this Kingdom are tied to the ftri&t Rules of the
Law, in their Judgments; but the Chancellor hath
the
5
i
CH
CH
the King's abfolute Power to moderate the writ-are perufed by him before figned: And he has the
ten Law, governing his Judgment by the Law of Difpofal of all Ecclefiaftical Benefices in the Gift
Nature and Confcience, and ordering all Things of the Crown under 20l. a Year in the King's
juxta aquum bonum: And having the King's Books, which has occafioned this Office to be for-
Power in thefe Matters, he hath been called the merly poffeffed by a Clergyman. He by his Oath
Keeper of the King's Confcience. According to a fwears well and truly to ferve the King, and to do
late Treatise, the Chancellor originally prefided over Right to all manner of People, &c. In his judicial
a Political College of Secretaries, for the Writing Capacity, he hath divers Affiftants and Officers, viz.
of Treaties, Grants, and other Publick Bufinefs; The Mafter of the Rolls, the Mafters in Chancery,
and that the Court of Equity under the old Con- c. And in Matters of Difficulty, he calls one or
ftitution was held before the King and his Coun- more of the Chief Juftices, and Judges to affift him
fel in the Palace, where one Supreme Court for in making his Decrees; though in fuch Cafes they
Buſineſs of every Kind was kept: And at firft the only give their Advice and Opinion, and have no
Chancellor became a Judge to hear and determine Share of the judicial Authority. As to the Master
Petitions to the King, which were referred to him; of the Rolls, he hath judicial Power; and is an Af-
and in the End as Buſineſs increaſed, the People fiftant to the Lord Chancellor when prefent, and his
intitled their Suits to the Chancellor, and not the Deputy when abfent, but he has certain Cauſes af
King: And thus the Chancellor's equitable Power had figned him to hear and decree, which he ufually
by Degrees Commencement by Prefeription. Hift. doth on certain Days appointed at the Chapel of
Chan. pag. 3, 10, 44, &c. Staundford fays, the Chan- the Rolls, being affifted by one or more Mafters in
cellor hath two Powers; one abfolute, the other or- Chancery: He is, by Virtue of his Office, chief of
dinary; meaning, that although by his ordinary the Mafters in Chancery, and chief Clerk of the
Power, in fome Cafes, he muft obferve the Form of Petty-Bag Office. The twelve Masters in Chancery,
Proceeding as other inferior Judges, in his abfolute fit fome of them in Court, and take Notice of fuch
Power he is not limited by the Law, but by Con- References as are made to them, to be reported to
fcience and Equity, according to the Circumstances the Court, relating to Matters of Practice, the State
of Things. And tho' Polydore Virgil, in his Hiftory of the Proceedings, Accounts, c. And they alfo
of England makes William the First, called the Con- take Affidavits, acknowledge Deeds and Recogni-
queror, the Founder of our Ceancellors; yet our An- zances, &c. The Six Clerks in Chancery tranfact
tiquary Mr. Dugdale has fhewn that there were ma- and file all Proceedings by Bill and Anfwer; and
ny Chancellors of England long before that Time, alfo iffue out fome Patents that pafs the Great Scal;
which are mentioned in his Origines Juridiciales, and which Bufinefs is done by their Under Clerks, each
Catalogues of Chancellors; and Sir Edward Coke in of which has a Seat there, and whereof every Six-
his fourth Institute faith, it is certain, That both Clerk has a certain Number in his Office, ufually
the British and Saxon Kings had their Chancellors, about ten. The Curfitors of the Court, four and
whofe great Authorities under their Kings, were in twenty in Number, make out all original Writs in
all Probability drawn from the reaſonable Cuftoms Chancery, which are returnable in C. B. &c. and
of neighbouring Nations, and the Civil Law. He among thefe the Bufinefs of the feveral Counties is
that bears this Chief Magiftracy, is ftiled the Lord feverally diftributed. The Regifter is a Place of
High Chancellor of Great Britain, which is the high- great Importance in this Court, and he hath feve-
eft Honour of the long Robe; being made fo Per ral Deputies under him to take Cognizance of all
traditionem magni figilli fibi per Dominum Regem, and Orders and Decrees, and enter and draw them up,
by taking his Oath: And a Chancellor may be made. The Master of the Subpoena Office iffucs out all
fo at Will, by Patent, but 'tis faid not for Life, Writs of Subpoena. The Examiners are Officers in
for being an ancient Office, it ought to be granted this Court, who take the Depofitions of Witneffes,
as has been accustomed. 4 Inft. 87. But Sir Edward and are to examine them, and make out Copies of
Hide, afterwards Earl of Clarendon, had a Patent to the Depofitions. The Clerk of Affidavit files all Affi-
be Lord Chancellor for Life, though he was difmiffed davits ufed in Court, without which they will not
from that Office, and the Patent declared void. be admitted. The Clerk of the Rolls fits conftantly
I Sid. 338. By the Stat. 5 Eliz. cap. 18. the Lord in the Rolls to make Searches for Deeds, Offices,
Chancellor and Keeper have one and the fame Power; &c. and to make out Copies. The Clerks of the
and therefore fince that Statute, there cannot be a Petty-Bag-Office, in Number three, have great Va-
Lord Chancellor and Lord Keeper at the fame Time; riety of Bufinefs that goes through their Hands,
before there might, and hath been. 4 Inft. 78. King in making out Writs of Summons to Parliament,
Hen. 5. had a great Seal of Gold, which he deli- Conge d' Efliers for Biſhops, Patents for Customers;
vered to the Bishop of Durham, and made him Liberates upon Extents of Statute Staple, and Re-
Lord Chancellor, and alfo another of Silver, which covery of Recognizances forfeited, &c. And alfo
he delivered to the Bishop of London to keep; but relating to Suits for and againſt Privileged Perfons,
at this Day there being but one Great Seal, there c. And the Clerks of this Office have ſeveral
cannot be a Lord Chancellor and Lord Keeper at Clerks under them. The Uber of the Chancery had
once, and becauſe they are but one Office, as is de- formerly the Receiving and Cuftody of all Money
clared by 5 Eliz. and the Taking away the Seal de-ordered to be depofited in Court, and paid it back
termines the Office. 1 Sid. 338. But the Lord Bridge-
man was Lord Keeper, and Lord Chief Juftice of
the Common Pleas, at the fame Time; which Of-
fices were held not to be inconfiftent. Ibid. By i W.
Sop M. cap. 21. Commiffioners appointed to execute
the Office of Lord Chancellor, may exerciſe all the
Authority, Jurifdi&tion, and Execution of Laws,
which the Lord Chancellor, or Lord Keeper, of
Right ought to uſe and execute, &c. fince which
Statute, this High Office hath been feveral Times
in Commiffion; though generally on the Difmiffion
of a Chancellor, 'till another was appointed. The
Lord Chancellor, now there is no Lord High Steward,
is accounted the firft Officer of the Kingdom; and
he not only keeps the King's Great Seal, but all
Patents, Commiffions, Warrants, &c. from the King,
again by Order: But this Bufinefs hath been of
late affumed by the Maſters in Chancery. And
Anno 12 Geo. 1. A new Officer was appointed by Sta-
tute, called Accountant General, to receive the Mo-
ney lodged in Court, and convey the fame to the
Bank, to be there kept for the Suitors of the Court.
Then there is a Serjeant at Arms, to whom Perfons
ſtanding in Contempt are brought up by his Subſti-
tutes as Priſoners. "A Warden of the Fleet, who re-
ccives fuch Prifoners as ftand committed by the
Court, &c. And befides thefe Officers, there is a
Clerk of the Crown in Chancery; Clerk and Controller
of the Hanaper; Clerk for Inrolling Letters Patent,
c. not employed in Proceedings of Equity, but
concerned in making out Commiffions, Patents, Par-
dons, &c. under the Great Seal, and collecting the
I i
Fees
CH
CH
2
3
Fees thereof. A Clerk of the Faculties, for Difpenfa
tions, Licences, &c. Clerk of the Prefentations, for
Benefices of the Crown in the Chancellor's Gift;
Clerk of Appeals, on Appeals from the Courts of the
Archbishop to the Court of Chancery: And divers
other Officers, who are conftituted by the Chancel
lor's Commiffion.
•
Chancellor of the Dutchy of Lancaster, A great Officer,
whofe Office is principally to determine Controver
fies between the King and his Tenants of the Dut by
Land, and otherwife to direct all the King's Affairs
belonging to that Court. The Chancellor is the chief
Judge of the Dutchy Court, who in difficult Points of
Law is ufually affifted by two Judges of the Com-
mon Law, out of one Court or other, to decide the
Matter in Queftion: This Court is held in Weftmin-
fter Hall, and was formerly much used in Relation
to Suits between Tenants of Dutchy Lands, and
against Accountants and others for the Rents and
Profits of the faid Lands. Under the Chancellor of
the Dutchy, are an Attorney of the Court, one Chief
Clerk or Regifter, and feveral Auditors, &c. This
Officer is mentioned in the Stat. 3 Ed. 6. cap. 1, and
5. Ibid. c. 26.
fon out of Prifon: One from hence may have an
Habeas Corpus, Prohibition, &c. in the Vacation,
which are to be had out of the other Courts only
in Term-time; and here a Subpoena may be had to
force Witneffes to appear in other Courts, when
they have no Power to call them. 4 Inft. 79. 1 Dany,
Abr. 776. But in profecuting Caufes, if the Parties
defcend to Iffue, this Court cannot try it by Jury ;
but the Lord Chancellor delivers the Record into
the King's Bench to be tried there; and after Trial
had, it is to be remanded into the Chancery, and
there Judgment given Though if there be a De-
murrer in Law, it fhall be argued and adjudged in
this Court. When there is Demurrer upon Part,
and Iffue upon Part, the Record being in B. R.
that Court ought to give Judgment, becauſe there
can be but one Execution; and if the Record come
thither entirely, they cannot fend it back again.
1 Mod. Rep. 29. But fee 4 Inft. 8o. Upon a Judg-
ment given in this Court, a Writ of Error lies re-
turnable in B. R. 4 Inft. 80. The Extraordinary
Court, or Court of Equity, proceeds by the Rules
of Equity and Confcience, and moderates the Ri-
gour of the Common Law, confidering the Inten-
Chancellor of the Exchequer, Is likewife a great Offition rather than the Words of the Law. It gives
cer, who 'tis thought by many was originally ap Relief for and againſt Infants, notwithstanding their
pointed for the qualifying Extremities in the Exche: Minority: And for and againft married Women,
quer: He fometimes fits in Court, and in the Exche notwithſtanding their Coverture: In fome Cafes a
quer-Chamber; and with the Judges of the Court, Woman may fue her Husband for Maintenance; fhe
orders Things to the King's best Benefit. He hath may fue him when he is beyond Sea, &c. and be
by the Stat. 33 H. S. c. 39. Power with others, to compelled to Anfwer without her Husband: All
compound for the Forfeitures upon Penal Statutes, Frauds and Deccits, for which there is no Redreſs
Bonds and Recognizances entered into to the King: at Common Law; All Breaches of Truft and Confi-
He hath alfo great Authority in the Management of dences; and Accidents, as to relieve Obligors,
the Royal Revenue, &c. which feems of late to be Mortgagors, &c. against Penalties and Forfeitures,
his chief Bufinefs, being commonly the firft Com-where the Intent was to pay the Debt, are here re-
miffioner of the Treafury. And though the Court medied: For in Chancery, a Forfeiture, &c. thall
of Equity in the Exchequer Chamber, was intend- not bind, where a Thing may be done after, or Com-
ed to be holden before the Treafurer, Chancellor, penfation made for it. i Dany. 752. 2 Vent. 352.
and Barons; it is ufually before the Barons only. 1 Roll. Abr. 373. Alfo this Court will give Relief
When there is a Lord-Treaſurer, the Chancellor of against the Extremity of unreasonable Engagements,
the Exchequer is Under-Treafurer.
entered into without Confideration; oblige Credi-
Chancellor of the Order of the Garter, Stow's Annals,tors that are unreaſonable, to compound with an un-
pag. 706. Chancellor of the Universities. Sce 9 Hen. 5. fortunate Debtor: And make Executors, &c. give
c. 8. Chancellor of the Diocefe, 32 H. S. c. 15. Chan-Security and pay Intereft for Money that is to lic
cellor in Cathedral Churches: His Office is thus deferi-long in their Hands. 2 Vent. 346. Here Executors
bed in the Monafticon, and the Statute of Litchfield,
viz-Lectiones legendas in Ecclefia per fe vel per fuum Vi
carium aufcultare, male legentes emendare, Scholas con-
ferre, figilla ad caufas conferre, literas capituli facere &
confignare, libros fervare, quotiefcunq; voluerit prædicationes
in Ecclefia vel extra Ecclefiam pradicare, & cui voluerit
prædicationis Officium affignare. Mon. Angl. Tom. 3.
p. 24, 339.
:
Chancery, (Cancellaria) Is the higheft Court of
Judicature in this Kingdom next to the Parliament,
and of very antient Inftitution. The Jurifdiction
of this Court is of two Kinds; ordinary, or legal;
and extraordinary, or abfolute. The Ordinary Ju-
rifdiction, is that wherein the Lord Chancellor in
his Proceedings and Judgments, is bound to obferve
the Order and Method of the Common Law; and in
fuch Cafes the Proceedings have been ufually in La-
tin, and filed or inrolled in the Petty-Bag Office
And the extraordinary or unlimited Power, is that
Jufifdiction which this Court exerciſes in Cafes of
Equity, wherein Relief is to be bad by Way of
English Bill and Anfwer. The Ordinary Court holds
Plea of Recognizances acknowledged in the Chan
cery, Writs of Scive facias for Repeal of Letters Pa-
tent, Writs of Partition, &c. and alfo of all Perfo-
nal Actions, by or against any Officer of the Court;
and by Acts of Parliament of feveral Offences and
Caufes: All original Writs; Commiffions of Bank-
rupts; of Charitable Ufes; of Ideots, and Lunacy,
&c. iffuc.out of this Court, for which it is always
open; and ſometimes a Superfedeas or Writ of Pri-
vilege, hath been here granted to diſcharge a Per-
may fue one another, or one Executor alone be
fued without the Reft: Order may be made for per-
formance of a Will: It may be decreed who fhall
have the Tuition of a Child: This Court may con-
firm Title to Lands, though one hath loft his Wri-
tings; Render Conveyances defective through Mi-
ftake, &c. good and perfect; but not Defects in a
voluntary Conveyance, unless where intended as a
Provifion for younger Children. 2 Vent. 265. In
Chancery, Copyholders may be relieved against the
ill Ufage of their Lords: Inclofures of Lands that
are Common be decreed; and this Court may de-
cree Money or Lands given to Charitable Üfes;
Things in Action, upon Affignment on Confiderati-
on: Oblige Men to account with each other: Avoid
the Bar of Actions, by the Statute of Limitations,
&c. for Debts thus barred, are ſtill Debts in Equity,
and the Duty remains. I Danu. Abr. 749, 750, &c.
I Salk. 154. But in all Cafes, where the Plaintiff
can have his Remedy at Law, he ought not to be
relieved in Chancery: And a Thing which may be
tried by a Jury, is not triable in this Court. Danu.
763. Alfo long Leafes, as for 1000 Years; naked
Promifes; verbal Agreements not executed; Eltates
deriv'd under conceal'd Titles, &c. have been re-
fufed Relief in this Court: And Mortgages are nor
relievable in Equity after twenty Years, where no
Demand has been made, or Intereft paid, or there
are not other particular Circumstances, &c. 2 Vent.
340. A Bond, when neither the Principal nor In-
tereft hath been demanded in 20 Years, will be pre-
fumed in Equity to be fatisfied, and be decreed to be
-
#
2
can-
1
CH
CH
101. Value, except it be in Cafes of Charity; nor for
Lands, &c. under 40s. per Annum: And refuſes Re
lief in Suits where the Subftance of them tends to
the Overthrow of an A&t of Parliament; or any fun-
damental Point of the Common Law. If a Man lofes
his Obligation, he fhall not be relieved for his Debt,
being against a Maxim in Law. 1 Danu. 754. And
an Executor in a Court of 'Equity ought not to be
compelled to pay Legacies, before Bonds, &c. for this
is against the Common Law: So in many other Ca-
fes. Ibid. 756. And where a Man by his own A&t
deftroys his Remedy at Law, he fhall not be relieved
in Equity: But in Cafe of an apparent Fraud, or
in a dubious Cafe in Law, of which the Party
could not have Conufance, Relief may be had in
Equity againſt a Statute. Ibid. 755, 759. Defendants
may not be regularly relieved in Chancery, after
Judgment at Law; tho' Decrees are made in fuch
Cafes: But on Perfons being committed for Non-
performance, they have been formerly discharged
by Habeas Corpus. Cro. Eliz. 220. 1 Roll. Rep. 252.
a
1 Nelf. Abr. 432. It is common to give Relief in
Chancery, notwithstanding there is an Agreement be
tween the Parties that there fhall be no Relief in
Law or Equity. 1 Mod. 141, 305. And where
Party hath both Law and Equity on his Side, it will
prevail againſt Equity only. 1 Danv. Abr. 773. If a
Portion be given to a Woman, provided fhe mar-
ries not without Confent of a certain Perſon, altho'
fhe marries without fuch Confent, fhe fhall be re
lieved in Chancery, and have her Portion: But if the
Portion, on fuch Marriage, had been limited over
to another, it would be otherwife. I Danv. 752.
1 Mod. 300. If a Father, on the Marriage of his
Son, take a Bond of the Son that he fhall pay him
fo much, &c. this is void in Equity, being adjudg'd
by Coercion while he is under the Awe of the Fa-
cancelled; and a perpetual Injun&ion may be grant-
ed to tay Proceedings thereon. 1 Ch. Rep. 79. Finch
Rep. 78. A Deed appearing to be cancelled, has
been Decreed to be a good Deed, on fpecial Cir-
cumſtances: And a Defendant having fuppreffed a
Settlement, whereby a Remainder in Tail was li-
mited, upon Proof that the Deed came to his
Hands, the Plaintiff had a Decree in Chancery to
hold the Eftate. 1 Ch. Caf. 249. 2 Vern. Rep. 3So. Ar-
ticles of Agreement upon Marriage reduc'd into
Writing, though not fign'd by either Party, being
proved to be agreed to, were decreed to be per-
form'd, a Vern. 200. Alſo an Agreement in Wri-
ting made fince the Statute of Frauds, has been De-
creed to be diſcharged by Parol. 1 Vernon's Rep. 240
An underhand Agreement may be fet afide as fran-
dulent And Articles, a Deed of Conveyance exe-
cuted, and a Fine in Purſuance thereof, were fet
afide in Chancery for Fraud, where the Party was
impos'd upon. Ibid. 205. A Deed not fraudulent at
firft, may become fo afterwards; and if one add a
Seal to a Note, which is good without it, he will
lofe his Security; and a Bill of Exchange being
gained by Fraud, Equity will relieve against it, and
Decree that the Money fhall be repaid, &c. 2 Vern.
162, 123. A Releaſe fhall be avoided for Fraud,
where there is fuppreffio veri, or fuggeftio falfi; and a
Releaſe may be fet afide in Chancery by reafon of
the Miſapprehenfion of the Party that gave it. I
Vern. Rep. 20, 32. A Will concerning Lands, may
be avoided in a Court of Equity when obtained by
Fraud: A Mortgage made by a Man fubfequent to his
Will fhall be a Revocation pro tanto only in Equity,
and not of the whole Will, &c. 2 Ch. Rep. 97. An
Heir may be relieved in Equity against a contingent
Contra&, made during his Father's Life, to pay a
large Sum of Money, if he outlives his Father, when
it is unconscionable. 2 Chan. Rep. 397. And a Brother. I Salk. 158. Alfo where a Son, without Pri-
ker who had made it his Bufinefs to fell Goods at vity of the Father, treating the Match, gives Bond,
extravagant Rates to young Perfons, to be paid five to return any Part of the Portion, in Equity it is
for one upon the Deaths of their Fathers, was De- void. Ibid. 156. A Man is not bound to difcover
creed to deliver up Securities thus obtain'd for great the Confideration of a Bond generally given,
Sums, on Payment of what he had really paid to which in itſelf implies a Confideration. Hard. 200.
the Plaintiff, and for his Ufe, c. 1 Vern. 467. A If a Factor to a Merchant hath Money in his Hands,
Purchaſer of Land, without Notice of an Incum-it fhall be accounted his own; for Equity cannot
brance, fhall not be hurt thereby in Equity; and follow Money; but it may Goods to make them the
in Pleading a Purchaſe, the Defendant ought to Merchant's, which may be known, tho' Money can-
deny Notice of Incumbrances, &c. No Intereft not. I Salk. 260. Money articled to be laid out in
will be allowed in Chancery for Book-Debts; nor Land, fhall be taken as Land in Equity, and defcend
fhall Interest Money be allowed to be made Princi- to the Heir. Ibid. 154. Perfonal Estate in the Hands
pal on Securities, fo as to make Intereft upon In- of Executors, fhall be applied in Difcharge of the
tereft, unless it be where Intereft Money is reduced Heir, where there is fufficient Affets to pay the
to a ſtated Sum, &c. 3 Ch. Rep. 65. 1 Vern. 169. Debts and Legacies. I Danu. 770. There shall be
2 Ch. Rep. 286. It has been held, That the Court no Bill in Equity against an Executor, to diſcover
of Chancery cannot affefs Damages for a Trefpafs, Affets before a Suit commenced at Law. Hard. 115.
c. but it ought to be afcertained by a Jury at Law, Legal Affets fhall be applied in a Courfe of Admi-
and not otherwife. 1 Ch. Rep. 230. A Bill may be niftration; but Equitable Affets amongst all the Cre-
brought for diſcovering the Contents of a Letter, ditors proportionably, on a Bill brought, &c. 2 Vern.
which would diſcharge the Plaintiff of an A&tion at Ch. Rep. 62. Where Trustees convert Money rais'd
Law, before Verdi&. 3 Ch. Rep. 17. Indentures of out of Land for Payment of Debts, to their own
Apprenticeſhip have been Decreed to be delivered Ufe, the Heir fhall have the Land difcharg'd,
up, and the Money given with the Apprentice to be which hath born its Burden, and the Truſtees are
paid back by the Mafter, on ill Ufage of the Ap- liable to the Debts in Equity. 1 Salk. 153. If Lef
prentice, &c. Finch Rep. 125. Charity Lands being fee for Years, without Impeachment of Walle a-
Let at a great Under-value, as was found by Inquifi-bout the End of his Term cuts down Timber-
tion, on a Commiffion of Charitable Ufes, the Leafe Trees, the Court of Chancery by Injunction may ftop
was avoided in Equity, and the Leffee Decreed to the Cutting down of the Trees, it being againit
pay the Arrears in Rent according to the full Va-the Publick Good to deftroy Timber. 1 Roll. Abr.
Îue, and to yield up the Poffeffion. 2 Vern. 415.
A 380.
And Tenant after Poffibility of Iffue extin&t,
Grazier's Cattle driving to London, were diftrained or for Life, difpunishable of Wafte, may be stopped
in Grounds for the Innkeeper's Rent, and in Replevin in Equiry from pulling down Houfes, &c. 1 Danv.
the Landlord had Judgment at Law; but the Gra-761. The King cannot create a Court of Equity
zier was relieved in Equity against it. 2 Vern. Rep.
129. Trials and Iffues at Law are frequently di-
rected out of the Court of Chancery; and fometimes
it is order'd, that after Trial, the Parties fhall re-
fort to the Court on the Equity referv'd, &c. This
Court will not retain a Suit for any Thing under
at this Day; but the fame must be done by Act of
Parliament. 4 Inft. 84. And tho' the Power of the
Chancery is very great, and it may reftrain other
Courts that exceed their Jurifdiction, and remove
Suits to it felf by Certiorari, yet it is no Court of
Record; and therefore 'tis faid can bind the Per-
fon
CH
CH
1
Exc.
C.
+
fon only, and not the Eftate of the Defendant, Exceptions against the Anſwer as infufficient, refer-
And if he will not obey the Decree of the ring it to a Mafter to report, whether it be fuffi-
Court, he must be committed to the Fleet till be cient or not; to which Report Exceptions may be
does. 1 Dany Abr. 749. By Statute, the Court of alfo made. The Answer, Replication, and Rejoinder, Sc.
Chancery is to follow the King. 28 Ed. 1. c. 5. And being fettled, and the Parties come to Iffue, Wit-
whosoever shall find himself grieved with any Sta- ncffes are to be examined upon Interrogatories, either
ture, he fhall have his Remedy in the Chancery in Court, or by Commiffion in the Country, where-
36 Ed 3. c. 9. No Subpoena or other Procefs of Ap-in the Parties ufually join; and when the Plaintiff
pearance, fhall iffue out of Chancery, &c. till after and Defendant have examined their Witneffes, Pub-
a Bill is filed, (except Bills for Injunctions to ftay lication is to be made of the Depofitions, and the
Wate, or Suits at Law commenced) and a Certi- Caufe is to be fet down for Hearing, after which
ficate thereof brought to the Subpoena Office. 4 & 5 follows the Decree. If the Plaintiff difmiffeth his
An. c. 16. And for preventing vexatious Suits, it is own Bill, or the Defendant difmiffeth it by Reaſon
enacted, That upon the Plaintiff's difmiffing his of Want of Profecution, as I have already obferv'd,
own Bill, or the Defendant's difiniffing the fame or if the Decree is in Behalf of the Defendant; the
for Want of Prolecution, the Plaintiff fhall pay to Bill is difmiffed with Cafts to be taxed by a Maſter,
the Defendant full Cofts, &c. Stat. Ibid. Perfons in If the Defendant doth not appear, on being ferved
Remainder, or Reverſion of any Eftate, after the with the Procefs of Subpoena, in Order to anſwer,
Death of another, on making Affidavit in the upon Affidavit of the Service of the Writ, an At-
Court of Chancery, that they have Caufe to believe tachment will iffue out against him; and if a Non eſt
fuch other Perion dead, and his Death concealed inventus is returned, an Attachment with Proclama-
by the Guardian, Trustees or others, may move tion goes forth against him; and if he ftands fur-
the Lord Chancellor to order fuch Guardian, Truther out in Contempt, then a Commiffion of Rebellion
ftees, &c. to produce the Perfon fufpected to be may be iffued, for apprehending him, and bringing
concealed; and if he be not produc'd, he fhall be him to the Fleet Prifon, in the Execution whereof
taken to be dead, and thofe in Reverfion, &c, may the Perfons to whom directed may juftify breaking
enter upon the Eftate: And if fuch Perfon be a-open Doors. If the Defendant ftands further in
broad, a Commiffion may be iffued for his being Contempt, a Serjeant at Arms is to be fent out to
viewed by Commiffioners. Stat. 6 Ann. c. 18. In- take him; and if he cannot be taken, a Sequestration
fants under the Age of twenty-one Years, feifed of of his Land may be obtained till he appears. And
Eftares in Truft, or by Way of Mortgage, are en if a Decree, when made, be not obeyed, being fer-
abled by Statute to make Conveyances thereof; or ved upon the Party under the Seal of the Court,
they may be compelled thereto, by Order of the all the aforementioned Proceffes of Contempt will
Court of Chancery, &c. upon Petition and Hearing iffue out against him, for his Impriſonment till he
of the Parties concern'd. 7 Ann. c. 9. See the Sta- yields Obedience to it. If a Bill in Chancery be ex-
ture of K. Geo. 2. whereby Ideots and Lunaticks hibited against a Peer, the Courſe is for the Lord
feifed of Eſtates in Truft, &c. may make Convey Chancellor to write a Letter to him ; and if he doth
ances by Order of the Chancery, &c. 4 Geo. 2. c. 10. not put in his Anfwer, then a Subpoena iffues, and
The Stat. 13 Car. 2. relates to the Mafters in Chan- then an Order to fhew Caufe why a Sequeſtration
cery, Ordering that one publick Office be kept near fhould not go forth; and if he ftill ftands out, then
the Rolls for the faid Mafters, where they fhall-at-a Sequeftration fhall be had; for there can be no
tend, and limits and appoints their Fees, &c. And Procefs of Contempt against his Perfon. Where
by a late Act, the Power of the Mafters was abridg- there is any Error in a Decree in Matter of Law,
ed, on their mifemploying the Suitors Money, which there may be a Bill of Review, which is in Nature.
is now to be paid into the Bank of England: And an of a Writ of Error; or an Appeal to the Houſe of
additional Stamp-Duty, on Writs, Proceffes, &c. is Lords. A Party grieved with a Decree in Chancery,
granted for Relief of the Suitors, and as a common on Petition to the King, it hath been adjudged that
Stock of the Court of Chancery. 12 Geo. 1. c. 33. All the Matter might be referred by the King to the
Orders and Decrees made and figned by the Mafter Judges, who may reverfe the Decree, &c. 3 Bulft.
of the Rolls, fhall be deemed and taken to be good 116. But it is now ufual to Appeal to the House of
and valid Orders and Decrees of the Court of Chan- Lords; which Appeals are to be figned by two noted
cery; but not to be Inrolled till Signed by the Lord Counfels, and exhibited by Way of Petition: The
Chancellor, and fubject to Reverfal, &c. by him. Petition or Appeal is lodged with the Clerk of the
Stat. 3 Geo. 2. c. 30. A Defendant not appearing after House of Lords, and read in the Houſe, whereon
Subpoena iffued, but keeping out of the Way to avoid the Appellee is ordered to put in his Anſwer, and a
being ferved with the Procefs; on Affidavit that he Day fixed for Hearing the Cauſe; and after Counſel
is not to be found, and fufpected to be gone beyond heard and Evidence given on both Sides, the Lords
Sea, or to abfcond, &c. the Court of Chancery may will affirm or reverfe the Decree of the Chancery,
make an Order for his Appearance at a certain Day, and finally determine the Caufe by a Majority of
a Copy of which is to be publiſhed in the Gazette, Votes, &c. Though it is obferved on an Appeal to the
c. and then if he do not appear, the Plaintiff's Lords, from a Decree in Chancery, no Proofs will
Bill ſhall be taken pro Confeſſo, and Defendant's E- be permitted to be read as Evidence, which were
ſtate fequeftred, &c. But Perfons out of the King-not made ufe of in the Chancery. Preced. Canc. 212.
dom, returning in feven Years, may have a Re-If a Bill be brought where the Lord Chancellor is
hearing in fix Months, and be admitted to Anfwer; Party to the Suit, it must be directed to the King's
otherwife to be barred, by final Decrec. 5 Geo. 2. Majefty; for no Man may be both Judge and Party
c. 25.
The Proceedings in Chancery, Are firft to file the
Bill of Complaint, figned by fome Counſel, fetting
forth the Fraud or Injury done, or Wrong fultain-
ed, and praying Relief: After the Bill is filed, Pro
cefs of Subpoena iffues to compel the Defendant to
appear; and when the Defendant appears, he puts
in his Answer to the Bill of Complaint, if there be
no Caufe for Plea to the Jurifdiction of the Court,
in Perfon, or in Bar, &c. Then
in a Caufe.
Form of a Bill in Chancery.
To the Right Honourable Philip Lord Hard-
wicke, Baron of Hardwicke, Lord High
Chancellor of Great Britain.
Humbly
*13
heaveth your Lordship,
the Plaintif brings his Replication, unless he files H your O complaining, peace unto where as about,
Orator A. B. &c. That
1
2
&c.
CE
CE
1
1
7
1
f
&c. Years last past, T. B. of, &c. did grant to L. M.
all that Meffuage or Tenement called, &c. and the
Lands, fituate, &c. And afterwards, that is to say,
012,
&c. be the faid L. M. by his Deed bearing Date, &c.
under his Hand and Seal, in Confideration of the Sum of,
&c. to him paid, did bargain, fell, affign and fet over
the faid Premiffes, &c. unto J. D. of, &c. which faid
J. D. not long after, viz. on, &c. did, in Confideration of,
&c. by your Orator to him in Hand paid, bargain, fell, af
fign, transfer and fet over unto your Orator, all and fingu-
lar the faid Premiffes above mentioned, and every Part
thereof; upon which Bargain, Sale, and Affignment of the
faid Premiffes fo made as aforefaid, your Orator well bo-
ped to have peaceably and quietly entered into the faid Pre-
perfonally to be and appear before your Lordship
in this Honourable Court, then and there to anſwer
all and fingular the Premiffes, and to stand to,
perform and abide fuch Order and Decree therein,
as to your Lordship fhall feem meet.
1
And your Orator fhall ever pray, &c.
Form of an Anfwer in Chancery.
The Anſwer of L. E. Defendant to the Bill of
Complaint of 4. B. Complainant.
T
miffes, and to have held, occupied and enjoyed the fame Javing to himself all Manner of Benefit and Ad-
HIS Defendant now, and at all Times hereafter,
accordingly: But now fo it is, may it please your Lord-
fhip, that one L. E. of, &c. pretending to have a Leafe vantage of Exception to the many Incertainties, Infuffici-
for divers Years, yet to come, of Part of the faid Premiffes encies and Imperfections in the faid Complainant's Bill of
made unto him by the faid J. D. &c. long before any fuch Complaint contained; for Answer thereunto, or unto fo
Sale or Alignment made thereof to your Orator as afore- much thereof as this Defendant is adviſed is any Ways
faid, bath kept, and doth ſtill keep your Orator out of material for him to make Anſwer unto, be answereth and
the Poffeffion of the faid Premiffes, upon which Leafe be faith, That the faid J. D. named in the Complainant's
the faid L. E. pretends a certain yearly Rent is referved faid Bill, was poſſeſſed for divers Years yet to come of the.
to the faid J. D. his Executors or Affigns, which Rent, faid Meffuage or Tenement, Lands and Hereditaments
if any be, your Orator bath beard is, &c. And which in the faid Bill mentioned, called, &c. by Virtue of a
your Orator, by Reafon of the lawful Conveyance to him Leafe thereof made by, &c. in the faid Bill named unnta
made, as aforefaid, ought in Equity and good Confcience, the faid J. D. long before, &c. mentioned in the faid Bill
to have and enjoy during fuch Term as the faid L. E. of Complaint; and the faid J. D. So being thereof poſſef-
Shall hold and enjoy the Premises aforesaid, by Reason of fed, had in fuch Manner as in the faid Complainant's
the faid Leafe which he fo pretendeth to have; but for- Bill is fuppofed, made a lawful Demife of the faid Mef-
afmuch as your Orator doth not certainly know whether fuage and Lands unto the faid Defendant for divers Years
the faid L. E. bath any fuch Leafe, or if he hath any to come; upon which Leafe the faid J. D. referved an year-
fuch Leafe, what Date the fame beareth, nor what ly Rent of, &c. to be paid during the Continuance of the
Term the faid L. E. hath therein unexpired, nor what faid Leafe, by Force of which Leafe the Defendant en-
Rent is thereby referved, or what Covenants are therein tered into the faid Lands, &c. and was and is yet law-
contained: And for that the faid L. E. doth not only fully poffeffed thereof accordingly, and ever fince hath and
Ufe and Occupy the faid Premiffes to his own Profit and yet doth enjoy the fame by Virtue of the faid Leafe and
Advantage, without Tielding or Paying any Rent there- Demife, and is thereby to have and enjoy the fame during
fore to your Orator, but doth alfo utterly refuse to shew the Continuance of the faid Leafe, of which there are at
bis faid Leafe, whereby he pretendeth to claim the Pre- this Time about, &c. Tears to come, and unexpired; and
miffes aforefaid, either to your Orator, or to any other Per-faith, that the Plaintiff is a Perfon altogether unknown to
fon; and for that the faid L. E. in Confederacy with,
&c. giveth out, &c. All which Actions and Doings of
the faid L. E. &c. are contrary to all Right, Equity and
Good Confcience, and tend to the manifeft Wrong, Injury,
and Oppreffion of your Orator: In tender Confideration
whereof, and forafmuch as your Orator is Remedilefs
Save in this honourable Court, and for that your Orator
cannot by the ordinary Course of the Common Law enter
into the Premiffes, nor commence any Action against the
faid L. E. either for the Recovery of the faid Land, or
the Rent aforefaid, or to enforce the faid L. E. to produce
or shew to your Orator fuch Writings as he bath for the
Holding and Occupying the Premiffes aforefaid; but is al-
together deftitute of the Means to obtain or have a Sight
of the fame, but by the Affiftance of this Honourable Court:
To the End therefore, that the faid L. E. may be obliged
upon his Oath to discover what Right he hath to the Pre-
miffes, or any Part thereof; and what Rent or Rents he
bath paid for the fame, and to whom, and that he may
alfo fet forth in his Anfwer upon Oath a true Copy of such
Leafe or other Writings whereby he claimeth the Premiffes
aforefaid, or any Part thereof; and that the faid L. E.
may truly and directly Answer all the Matters and Things
berein before contained, as fully and perfectly as if the
fame had been here again repeated and interrogated, and
may particularly fet forth upon Oath, whether, &c. And
may come to account for, and pay, &c. And that your
Orator may be relieved in the Premiffes according to Equity
and Good Confcience.
May it pleafe your Lordship, the Premiffes confider-
ed, to grant to your Orator his Majefty's Writ or
Writs of Subpoena to be directed to the faid L. E.
and other his Confederates when discovered, thereby
commanding them and every of them at a certain
Day, and under a certain Pain therein limited,
this Defendant, being one be this Defendant never had any
Dealings or Correfpondence with; and therefore this Defen-
nant cannot but admire at this Suit commenced by the
faid Complainant against this Defendant touching the Pre-
miles: And this Defendant faith that he humbly con-
ceives and is advifed, that be, this Defendant, is for the
Payment of his Rent chargeable, and ought by the Law
to pay the Rent fo referved unto the faid J. Ď. and not
the faid Complainant, which faid J.D. this Defendant
doth verily think is his lawful Landlord, during the faid
Term of Years yet to come, and not the Complainant, who
is altogether a Stranger to this Defendant; and faith,
that the faid Complainant never at any Time heretofore de-
manded any Rent for the faid Meſſuage, or Tenement and
Lands that this Defendant hath and occupieth by Virtue
of the faid Leafe for Years; and also faith, &c. and
therefore the faid Defendant is the more furprized at this
Suit brought against him by the faid Complainant touch-
ing the Premises, whereby this Defendant is wrongfully
vexed and fued without any just Cause; without that
there is any fuch Bargain and Sale made by, &c. as in
the faid Bill is fet forth, or that the faid, &c. bargained
and fold the Premises to the Complainant; or that the
faid Complainant ought to have and enjoy the faid Premif-
fes, to the Knowledge of this Defendant; and this Defen
dant denies all Combination in the Bill charged; without
that, that there is any other Matter or Thing in the
Complainant's faid Bill of Complaint contained, material
or effectual for this Defendant to make Answer unto, and
not herein and hereby fufficiently answered unto, confeffed
or avoided, traverfed or denied, is true, to the Knowledge
and Belief of this Defendant; all which Matters and
Things this Defendant is ready to aver and prove as this
Honourable Court shall award; and humbly prays to be
hence difmiffed with his reasonable Cofts and Charges in
this Behalf wrongfully ſuſtained.¸
K k
Form
CH
i
*
G H
:
+
}
•
T
A un ama
Form of a Replication to an Anſwer:
The Replication of 4. B. Complainant, to
the Anfwer of L E. Defendant, put in to
the faid Repliant's Bill of Complaint.
tions duly taken and publiſhed, according to the uſual
"Courſe of this Court, as by the faid Bill, Anfwer, Repli
cation, Deposition of Witneffes, and other Proceedings re-
maining upon Record in this Honourable Court may more
at large appear; and the faid Caufe thus ſtanding in
Court, the Day of, &c. was by this Court appointed for
the Hearing thereof, on which Day the fame coming to be
beard and debated accordingly in Prefence of Counfel learned
on both Sides, the Subftance of the Complainant's Bill
and the Defendant's Answer appeared to becas is herein
before recited and fet forth; whereupon, and upon Debate
of the Matter, and bearing what could be alledged on all
Sides, this Court did think fit to order and decree, and
accordingly it is this prefent Day, that is to fay, the Day,
&c. in the Year, &c. by the Right Honourable, &c.
Lord High Chantellor of Great Britain, &c. ordered,
adjudged and decreed, that, &c. And that, &c.
appeared
HE faidi Repliant Saving to himself all Aduan-
tages of Exception to the Defendant's Jaid Anfwer,
for Replication thereunto faith, That all and every the
Matters and Things in and by his faid Bill of Complaint
already faid, he will justify, maintain and prove to be
good, certain, and fufficient in the Law, to be anfwered
-unto in fuch Manner as the fame are therein or thereby
fet forth, and declared; and that the Anfwer of the faid
Defendant is untrue, and infufficient in the Law to be by
this Repliant replied unto, for divers manifeft Imper-
fections and Incertainties therein contained; the Benefit of Chancemedley, (From the Fr. Chante, Lapfus,
Exception whereunto being now and at all Times faved and Mefler, Mifcere) Signifies the cafual Killing of
to this Repliant: This Repliant for farther Replication a Man, not without the Killer's Fault, though with-
faith, That, &c. and that the Matters contained in the out any evil Intention; and is where a Perfon is
faid Bill of Complaint are altogether relievable in this doing a lawful Act, and a Perfon is killed by
thereby: For if the A&t be unlawful, it is
Matter or Thing in the faid Defendant's Answer contain Felony. If a Perfon cafts a Stone, which happens
sed, material or effectual in the Law to be replied unto, to hit one, whereof he dies: Or fhoots an Arrow in
and berein and hereby not well and fufficiently replied una Highway, and another that paffeth by is killed
to, confeffed, or avoided, traverfed or denied, is true; all
which Matters and Things this Repliant is ready to aver,
maintain and prove, as this Honourable Court hall a
ward; and humbly prays, as in and by his faid Bill be
bath already prayed.
Honourable Court, &c. Without that, that any other Chan a
T
A Rejoinder to a Replication in Chancery.
The Rejoinder of L. E. Defendant to the
Replication of A. B. Complainant.
HE faid Defendant, now, and at all Times here-
after, faving and referving to himſelf all Manner
of Benefit and Advantage of Exception to the Incertainty
and Infufficiency of the faid Replication; for Rejoinder
faith, That the Defendant's faid Answer is true, cer-
tain, and fufficient in the Law to be replied unto; and
faith, as in and by his faid Answer he hath already Jaid,
and doth and will aver and maintain all and every Thing
and Things therein to be true and certain, in fuch Man
ner as therein is alledged and expreſſed; and this Defen
dant also faith, That the faid Replication of the faid
Complainant is uncertain and infufficient in the Law to
be rejoined unto by the faid Defendant, for divers Defects
and Imperfections therein contained; and for that, &c.
and without that, that, &c. in the faid Replication
material or effectual in the Law to be rejoined unto, &c.
All which Matters this Defendant is ready to aver and
prove, as this Honourable Court ſhall award: And there-
fore prays, as before in his faid Anſwer he hath prayed.
W
Form of a Decree in Chancery.
•
Hereas heretofore, that is to Jay, about, &c.
Term, which was in the Year, &c. A. B. Com-
plainant did exhibit his Bill of Complaint into this High
and Honourable Court of Chancery, against L. E. De-
fendant, thereby setting forth, &c. (Here recite the Bill
briefly) for Relief wherein, &c. the Complainant humbly
prayed the Aid and Affiftance of this Honourable Court,
and that Procefs of Subpœna might be awarded against
the faid Defendant to compel him to appear and answer
the faid Bill; which being granted, and the Defendant
ferved therewith, he appeared accordingly, and answered
the faid Bill; and by his faid Answer confeffed and fet
forth, &c. (Here recite the Subftance of the Anfwer.)
To which Anfwer the Complainant replied, and the De-
fendant rejoined, and fo the Parties being at Ifue, divers
Witnesses were examined in the Cauſe, and their Depofi-
4
·
Ex
?
therewith Or if a Werkman, in throwing down
Rubbish from a Houfe, after Warning to take
Care, kills a Perfon: Ora Schoolmaster in Cor-
recting his Scholar, a Mafter his Servant, or an
Officer in Whipping a Criminal, in a reaſonable
Manner, happens to occafion his Death; it is
Chancemedley and Mifadventure. 3 Inft. 56. Dalt. 351,
But if a Man throws Stones in a Highway, where
Perfons ufually pafs: Or fhoot an Arrow, &c. in a
Market-place, among a great many People: Or if
a Workman caft down Rubbiſh from a Houfe, in
Cities and Towns, where People are continually
paffing: Or a Schoolmaster, Mafter, &c. correct his
Servant or Scholar, &c. exceeding the Bounds of
Moderation, it is Manflaughter; and if with an
improper Inftrument of Correction, as with a
Sword or Iron Bar, or by a Kicking, Stamping, &c.
in a cruel Manner, it is Murder. Terms de Ley 113.
H. P. C 58, 31, &c. Kel. 40, 65, 113. If a Man
whips his Horfe in a Street to make him gallop,
and the Horfe runs over a Child and kills it, it
is
Manflaughter: But if another whips the Horfe, 'tis
Manflaughter in him, and Chancemedley in the Ri-
der. H. P. C. 48, 59. And if two are Fighting, and
a third Perfon coming to part them is killed by one
of them, without any evil Intent, yet this is Murder
in him; and not Manflaughter by Chancemedley, or
Mifadventure And if they were met with pre-
penfed Malice, the one intending to kill the other,
then it is Murder in both. Terms de Ley 113. In
Chanceniedley the Offender forfeits his Goods; but
hath a Pardon of Courfe. Stat. 6 Ed. 1. c. 9.
Changer, An Officer belonging to the King's
Mint, whofe Office confifts chiefly in exchanging
Coin for Bullion brought in by Merchants or others:
It is written after the old Way, Chaunger. Stat. 2
cap. 12.
Hen. 6.
AL
Chanter, (Cantator) A Singer in the Choir of a
Cathedral Church; and is ufually applied to the
Chief of the Singers. This Word is mentioned in
At St. David's Cathedral in Wales,
13 Eliz. c. 10.
the Chanter is next to the Bishop; for there is no
Dean. Camb. Britan.
Chantry, or Chauntry, (Cantaria) Is a little
Church, Chapel, or particular Altar, in fome Ca
thedral Church, &c. endowed with Lands, or other
Revenues, for the Maintenance of one or more
Priefts, daily to Sing Mafs, and officiate Divine Ser
vice for the Souls of the Donors, and fuch others
as they appointed. Stat. 37 Hen. S. cap. 4. 1 Ed. 6.
cap. 14. and 15 Car. 2. cap. 9. Of thefe Chantries
Mention
1
1
!
+
¡
CH
CH
Mention is made of forty-feven belonging to St. Chapiters, (Lat. Capitula, Fr. Chapitres, i. e. Chap-
Paul's Church in London, by Dugdale, in his Hiftory ters of a Book) Signifies in our Common Law a
of that Church. I find in an ancient MS. this Re-Summary of fuch Matters as are to be enquired of,
cord Sciant, &c. quod Ego Reginaldus Seuard
dedi Willielmo Crumpe Capellano Cantariæ beata Ma-
rie de Yarpol, unam parcellam pasture, &c. Dat. apud
Leominftre die Martis prox poft Feftum Sancti Hillarii,
An. 7. Hen. 5.
A
to
or prefented before Juftices in Eyre, Juftices of Af-
fife, or of Peace, in their Seffions. Briton, cap. 3.
ufeth the Word in this Signification: And Chapi-
ters are now moft commonly called Articles, and de-
livered by the Mouth of the Juftice in his Charge
Chapel, (Capella, Fr. Chapelle) Is either adjoining the Inqueft; whereas, in antient Time, (as ap-
to a Church, for performing Divine Service; or pears by Bracton and Briton) they were, after an Ex-
feparate from the Mother-Church, where the Pa hortation given by the Juftices for the good Obfer-
rifh is wide, which is commonly called a Chapel of vation of the Laws and the King's Peace, first read
Eafe. And Chapels of Eafe are built for the Eafe of in open Court, and then delivered in Writing to
thofe Farishioners who dwell far from the Paro the Grand Inqueft, for their better Obfervance;
chial Ghurch, in Prayer and Preaching only; for and the Grand Jury were to anfwer upon their
the Sacraments and Burials ought to be performed Oaths to all the Articles thus delivered them, and
in the Parochial Church. 2 Roll. Abr. 340: Ad not put the Judges to long and learned Charges
Capellam non pertinet Baptifterium neque Sepultura. to little or no Purpofe, for Want of Remembring
Selden of Tithes, p. 265. Thefe Chapels are ferved by the fame, as they now do, when they think their
inferior Curates, provided at the Charge of the Duty well enough performed, if they only prefent
Rector, &c. And the Curates therefore remove- thofe few of many Mifdemeanors which are brought
able at the Pleaſure of the Rector or Vicar: But before them by Way of Indictment. It is to be
Chapels of Eafe may be Parochial, and have a Right wished that this Order of delivering written Arti-
to Sacraments and Burials, and to a diftin&t Mini- cles to Grand Juries were ftill obferved, whereby
fter, by Cuftom; (though fubje&t in fome Refpe&ts Crimes would be more effectually punished; and in
to the Mother Church :) And Parochial Chapels differ fome inferior Courts, as the Court-Leet, &c. in fe-
only in Name from Parish Churches, but they are veral Parts of England, it is ufal at this Day for
fmall, and the Inhabitants within the District are Stewards of thofe Courts to deliver their Charges
few. In fome Places Chapels of Eafe are endowed in Writing to the Juries fworn to enquire of Of
with Lands or Tithes, and in other Places by vo- fences. Horne, in his Mirror of Juftices, expreffes
luntary Contributions; and in fome few Diftricts what thefe Articles were wont to contain, Lib. 3. cap.
there are Chapels which baptize and adminifter. the Des Articles in Eyre. And an Example of Articles of
Sacraments, and have Chapel-Wardens; but thefe this Kind, you may find in the Book of Affifes, f. 138.
Chapels are not exempted from the Vifitation of the Chaplain, (Capellanus) Is most commonly taken
Ordinary, nor the Parishioners who refort thither for one that is depending upon the King, or other
from contributing to the Repairs of the Mother-noble Perfon, to inftruct him and his Family, and
Church; efpecially if they bury there; for the
Chapel generally belongs to, and is as it were a
Part of the Mother Church, and the Parishioners
are obliged to go to the Mother-Church, but not
to the Chapel. Roll. Abr. 89. And hence it is faid,
that the Offerings made to any Chapel, are to be
rendered to the Mother-Church; unless there be a
Cuſtom that the Chaplain fhall have them. Publick|lains; a Duke or a Biſhop Six; Marquefs or Earl,
Chapels, annexed to Parish-Churches, fhall be re-
paired by the Parishioners, as the Church is; if
any other Perfons be not bound to do it. 2 Inft. 489.
Befides the afore-mentioned Chapels, there are Free
Chapels, perpetually maintained and provided with
a Minifter, without Charge to the Rector or Pa-
rish; or that are free and exempt from all ordi-
nary Jurifdiction; and thefe are where fome Lands
or Rents are charitably beftowed on them. Stat, 37
Hen. 8. cap. 4. 1 Ed. 6. c. 14. Then there are Pri-
vate Chapels, built by Noblemen, and others, for pri
vate Worship, in or near their own Houfes, main-
tained at the Charge of thofe noble Perfons to
whom they belong, and provided with Chaplains
and Stipends by them; which may be erected, with
out Leave of the Bishop, and need not be confe-
crated, though they antiently were fo, nor are
they fubje& to the Jurifdiction of the Ordinary.
And alfo Chapels in the Universities, belonging to par-
ticular Colleges, which tho they are corfecrated,
and Sacraments are adminiftred there, yet they are
not liable to the Vifitation of the Bishop, but of
the Founder. 2. Inst. 363.
i
*
Chapelry, (Capellania) Is the fame Thing to a
Chapel, as a Parish to a Church; being the Precinct
and Limits thereof: It is mentioned in the Statute
1:4 Car. 2. сар. 9.
fay Divine Service in his Houfe, where there is
ufually a private Chapel for that Purpofe. The
King, Queen, Prince, Princefs, &c. may retain as
many Chaplains as they pleafe; and the King's Chap
lains may hold any Number of Benefices of the
King's Gift, as the King fhall think fit to beſtow
upon them. An Archbishop may retain eight Chap-
Five; Vifcount, Four; Baron, Knight of the Gar
ter, or Lord Chancellor, Three: A Dutchefs, Mar-
chioness, Countefs, Baronefs, the Treafurer, and
Controller of the King's Houfe, the King's Secre
tary, Dean of the Chapel, Almoner, and Matter
of the Rolls, each of them Two; the Chief Justice
of the King's Bench, &. One; all which may pur
chafe a Licence or Difpenfation, and take two Be
nefices with Cure of Souls. Stat. 22 Hen. 8. cap. 13.
Alfo every Judge of the King's Bench, and Com
mon, Pleas; and Chancellor and Chief Baron of the
Exchequer, and the King's Attorney and Solicitor
General, may each of them have one Chaplain, at
tendant on his Perfon, having one Benefice with
Gure, who may be non-refident on the fame, by
Statute 25 Hen. S. cap. 16. And the Groom of the
Stole, Treafurer of the King's Chamber, and Chan-
cellor of the Dutchy of Lancaster, may retain cach
one Chaplain. Stat. 33 Hen. S. cap. 28. If a Noble
man hath his full Number of Chaplains allowed by
Law, and retains one more, who has Difpenfation
to hold Plurality of Livings, it is not good. I Cra.
723. A Perfon retaining a Chaplain, muft not only
be capable thereof at the Time of Granting the In-
ftrument of Retainer, but he must continue capa
ble of Qualifying 'till his Chaplain is advanced:
And therefore if a Duke, Earl, &c. retain a Chap-
Chaperon, (Fr.) A Hood or Bonner, antientlylain, and die; or if fuch a noble Perfon be attainted
worn by the Knights of the Garter, as Part of the
Habit of that noble Order: But in Heraldry it is
the little Efcutcheon fixed in the Forehead of the
Horfes that draw a Hearſe at a Funeral. See Stat..
1 R. 2. cap. 17.
of Treafon; or if an Officer qualified to retain
Chaplain, is removed from his Office, the Retainer
is determined: But where the Chaplain bath taken
a fecond Benefice before his Lord dieth, or is at-
tainted, &c. the Retainer is in Force to qualify
him
CH
CH
him to enjoy the Benefices. And if a Woman that the Collegiate Church of Southwell; and Grants by
is noble by Marriage, afterwards marries one un- or to them are as effectual as other Grants by Dean
der the Degree of Nobility, her Power to retain and Chapter. Yet where there are Chapters withou
Chaplains will be determined; Tho' 'tis otherwife Deans, they are not properly Chapters: And the
where a Woman is noble by Defcent, if fhe marry Chapter in a Collegiate Church, where there is no
under Degree of Nobility, for in fuch Cafe her Re- Epifcopal See, as at Westminster and Windfor, is more
tainer before or after Marriage is good. A Baro- properly called a College. Chapters are faid to have
nefs, &c. during the Coverture, may not retain their Beginning before Deans; and formerly the
Chaplains; if the doth, the Lord, her Husband, may Bishop had the Rule and Ordering of Things with
difcharge them, as likewife her former Chaplains, our a Dean and Chapter, which were conftituted
before their Advancement. 4 Rep. 118. A Chaplain afterwards; and all the Minifters within his Dioceſe
must be retained by Letters teftimonial, under Hand were as his Chapter, to affift him in Spiritual Mat-
and Seal, or he is not a Chaplain within the Sta-ters. 2 Roll. Rep. 454. 3 Co. 75. The Bishop hath a
tute; fo that it is not enough for a Spiritual Per- Power of Vifiting the Dean and Chapter: But the
fon to be retained by Word only to be a Chaplain, Dean and Chapter have nothing to do with what the
by fuch Perfon as may qualify by the Statutes to Biſhop tranfacts as Ordinary. 3 Rep. 75 Tho' the Bi
hold Livings, c. altho' he abide and ferve as Chap-fhop and Chapter are but one Body, yet their Poffef
Inin in the Family. And where a Nobleman bath fions are for the most part divided; as the Bishop
retained and thus qualified his Number of Chaplains, hath his Part in Right of his Bishoprick; the
if he difmiffes them from their Attendance upon Dean hath a Part in Right of his Deanery; and
any Diſpleaſure, after they are preferred, yet they each Prebendary hath a certain Part in Right of
are his Chaplains at large, and may hold their Li-his Prebend; and each too is incorporate by him
vings during their Lives; and fuch Nobleman, felf. And Deans and Chapters have fome of them
tho he may retain further Chaplains in his Family, Ecclefiaftical Jurifdiction in feveral Pariſhes, (be-
meerly as Chaplains, he cannot qualify any others
to hold Pluralities whilft the First are living: For
if a Nobleman could difcharge his Chaplain when
advanced, to qualify another in his Place, and
qualify other Chaplains during the Lives of Chaplains
diſcharged, by theſe Means he might advance as
many Chaplains as he would, whereby the Statutes
would be evaded. 4 Rep. 90.
Form of a Retainer of a Nobleman's Chaplain.
K
Now all Men by thefe Prefents, That I the Right
Honourable T. Lord A. Baron of, &c. Have ad-
mitted, conflituted and appointed, and by thefe Prefents
do admit, conftitute and appoint C. D. of, &c. Clerk,
my Domestick Chaplain; To have, hold and enjoy all
and fingular the Benefits, Privileges, Liberties and Ad
vantages, due and of Right granted to the Chaplains of
Nobility, by the Laws and Statutes of this Realm. In
Witness, c.
fides that Authority they have within their own Bo
dy) executed by their Officials; alfo temporal Ju-
rifdiction in feveral Manors belonging to them, in
the fame Manner as Biſhops, where their Stewards
keep Court, &c. 2 Roll. Abr. 229. It has been ob
ferved, that tho' the Chapter have diftin&t Parcels
of the Bishop's' Eftate affigned for their Mainte-
nance, the Bishop hath little more than a Power
over them in his Vifitations, and is fcarce allowed
to nominate Half of thofe to their Prebends, who
were originally of his Family: But of common
Right it is faid he is their Patron. Roll. Ibid.
Charge of Justices in Seffions, &c. See Chapiters,
or Chapitres.
Charge and Discharge, A Charge is faid to be a
Thing done that bindeth him that doth it, or that
which is his, to the Performance thereof: And
Difcharge is the Removal, or taking away of that
Charge. Terms de Ley. Land may be charged divers
Ways; as by Grant of Rent out of it, by Statutes,
Judgments, Conditions, Warranties, &c. Lands in
Fee-fimple, may be charged in Fee; and where a
Chapter, (Capitulum) Is a Congregation of Cler-Man may difpofe of the Land itſelf, he may charge
gymen under the Dean in a Cathedral Church: it by a Rent, or Statute, one way or other. Litt.
Congregationem Clericorum in Ecclefia Cathedrali, Conven Sect. 648. Moor Ca. 129. Dyer 10. If one charge
tuali, Regulari vel Collegiata. This Collegiate Com- Land in Tail, and Land in Fec-fimple, and die;
pany is metaphorically termed Capitulum, fignify- the Land in Fee only fhall be chargeable. Bro.
ing a little Head, it being a Kind of Head, not on Cha. 9. Lands intailed may be charged in Fee, if
ly to govern the Dioceſe in the Vacation of the the Eftate-tail be cut off by Recovery: If Te
Bishoprick, but alſo in many Things to adviſe and nant in Tail charge the Land, and after Levy a Fine
affift the Bishops when the See is full, for which, or fuffer a Recovery of the Lands, to his own
with the Dean, they form a Council. 1 Inft. 103. Ufe; this confirms the Charge, and it fhall continue.
The Chapter confifts of Prebends or Canons, which 1 Co. Rep. 61. A Tenant for Life charges the Land,
are fome of the chief Men of the Church, and and then makes a Feoffment to a Stranger, or
therefore are called Capita Ecclefiæ: They are a Spi- doth Wafte, &c. whereby it is forfeited, he in Re-
ritual Corporation Aggregate, which they cannot verfion fhall hold it charged during his Life: And
furrender without Leave of the Biſhop, becauſe he if one have a Leafe for Life or Years of Land,
hath an Intereft in them; they, with the Dean, and grant a Rent out of it; if after he furrenders
have Power to confirm the Bishop's Grants; during his Eftate, yet the Charge fhall continue fo long as
the Vacancy of an Archbishoprick, they are Guar- the Eftate had endured, in cafe it had not been fur-
dians of the Spiritualties, and as fuch have Autho- rendered. 1 Rep. 67, 145. Dyer 10. If a Feme Sole
rity by the Stat. 25 Hen. 8. cap. 21. to grant Difpen-Leffee for Years takes Husband, and he charges the
fations; likewife as a Corporation they have Power
to make Leafes, &c. When the Dean and Chapter
confirm Grants of the Bishop, the Dean joins with
the Chapter, and there must be the Confent of the
major Part; which Confent is to be expreffed by
their Fixing of their Seal to the Deed, in one Place,
and at one Time, either in the Chapter-Houfe, or
fome other Place; and this Confent is the Will of
many joined together. Dyer 233. A Chapter is not
capable to take by Purchaſe or Gift, without the
Dean, who is the Head of the Body: But there
may be a Chapter without a Dean, as the Chapter of
Land and dies, fhe may avoid it; for the Husband
might have given or forfeited, but he may not
charge it. Bro. Cha. 41. If one Jointenant charge
Land, and after releaſe to his Companion, and die,
the Survivor fhall hold it charged: But if it had
come to him by Survivorship, it would be other.
wife. 6 Rep. 76. 1 Shep. Abr. 325. He that hath a
Remainder or Reverfion of Land may charge it;
becauſe of the Poffibility that the Land will come
into Poffeffion, and then the Poffeffion fhall be
charged. But where one leafes Land for Life, and
grants the Reverfion or Remainder over to A. B.
:
4
whe
CH
CH
:
ting: But other Charters go to the Terrenant. Moor
Ca. 687. The Charters belonging to the Feoffor in
cafe of Warranty the Heir fhall have, tho' he hath
no Land by Difcent, for the Poffibility of Difcent
after. 1 Rep. 1.
who charges the Land, and dies, and the Tenant for | Feoffor, if they be fealed Deeds or Wills in Wri
Life is Heir to the Fee; in this Cafe, he fhall hold
it diſcharged, for he had the Poffeffion by Purchase,
tho' he had the Fee by Difcent. Bro. 11, 16. 1 Rep.
62. If a Rent be iffuing out of a Houfe, &c. and
it falls down, the Charge fhall remain upon the Soil.
9 E. 4. 20. But when the Eftate is gone upon
which the Charge was grounded, there generally the
Charge is determined. Co. Lit. 349. And in all Cafes
where any Executory Thing is created by Deed.
there by Confent of all the Parties it may be by
Deed defeated and diſcharged. 10 Rep. 49. Vide Dif-
charge.
this Name. Sir P. Ley's Antiq. fol. 356.
Charterer, In Cheshire, a Freeholder is called by
Man holds by Charter, that is by Evidence in Wri-
Charter-land, (Terra per Chartam) Is fuch as a
ting otherwife called Freehold. Anno 19 H. j. cap.
13. This in the Time of the Saxons was called
Bockland, which was held (according to Lanibard)
Charitable Corporation. A Society of Perfons with more commodious and eafy Conditions than
in the late Reign obtained a Statute to lend Mo- Folkland was, i. e. Lands held without Writing; be-
ney to Induſtrious Poor, at 51. per Cent. Intereft on caufe that was Hereditaria, libera atque immunis ;
Pawns and Pledges, to prevent their falling into whereas, Fundus fine fcripto cenfum fenfitabat annuum,
the Hands of the Pawn-brokers, and therefore they atque officiorum quadam fervitute eft obligatus: Priorem
were called the Charitable Corporation: But they like- viri plerumque nobiles, atque ingenui; pofteriorem Ruftici
wife took 51. per Cent. for the Charge of Officers, fere pagani poffidebant: Illum nos vulgo Freehold & per
Warehoufes, &c. And in the fifth Year of King Chartam; hanc ad voluntatem Domini appellamus. Lamb.
Geo. 2. the chief Officers of this Corporation, by Charter-party, (Lar. Charta partita, Fr. Chartre
Connivance of the Principal Directors, abfconded parti, i. e. a Decd or Writing divided) Is what a-
and broke, and defrauded the publick Proprietors mong Merchants and Sea-faring Men, we common-
of
great
Sums; for Relief of the Sufferers wherely call a Pair of Indentures, containing the Cove-
in, as to Part of their Loffes, feveral Statutes were
made and enacted. See Stat. 5 Geo. 2. cap. 31, 32.
7 Geo. 2. cap. II.
Charitable Ules, where any Lands, c. are
given to Charitable Ufes, Commiffions of Inquiry,
and Deeds how made and taken, Sc. See Chancery
and Mortmain. Stat. 9 Géo. 2.
Charks, Are Pit-coal when charred or charked, fo
called in Worcestershire; as Sea coal thus prepared
at Newcastle is called Coke.
Pounds.
Charre of Lead, Is a Quantity of Lead confift-
ing of thirty Pigs, each Pig containing fix Stone
wanting two Pounds, and every Stone being twelve
La Charre de Plumbo conftat ex 30 foti-
nellis, & qualibet fotinella continet 6 Petras, exceptis
duabus libris, quælibet Petra conftat ex 12 libris. Af
fifa de Ponderibus. Rob. 3. R. Scot. cap. 22.
Charta, A Word made Ufe of not only for a
Charter, for the Holding an Eftate; but alſo a
tute. See Magna Charta.
Charte, A Card or Plain which Mariners ufe at
Sea, mentioned 14 Car. 2. c. 33.
nants and Agreements made between them, touch-
ing their Merchandize and maritime Affairs: 2 İnſt.
673. And Charter-parties of Affreightment fettle A-
greements, as to the Cargo of Ships, and bind the
Mafter to deliver the Goods in good Condition at the
Place of Discharge, according to Agreement; and
the Mafter fometimes obliges himſelf, Ship, Tackle
and Furniture for Performance. The Common Law
conftrues Charter parties, as near as may be, accord
ing to the Intention of them, and not according to
the literal Senfe of Traders, or those that merchan-
dize by Sea, but they must be regularly pleaded.
In Covenant by Charter-party, that the Ship fhould
return to the River of Thames, by a certain Time,
Dangers of the Sea excepted, and after in the Voyage,
and within the Time of the Return, the Ship was
taken upon the Sea by Pirates, fo that the Mafter
could not Return at the Time mentioned in the A-
Sta-greement; it was adjudged that this Impediment was
within the Exception of the Charter-party, which ex-
tends as well to any Danger upon the Sea by Pirates
and Men of War, as Dangers of the Sea by Shipwreck,
Tempeft, &c. Stile 132. 2 Roll. Abr. 248. A Ship is
freighted at fo much per Month that he shall be out,
covenanted to be paid after her Arrival at the Port
of London; the Ship is caft away coming up from
the Downs, but the Lading is all preferved, the
Freight fall in this Cafe be paid; for the Money
becomes due Monthly by the Contract, and the
Place mentioned is only to afcertain where the Mo-
ney is to be paid, and the Ship is intitled to Wa-
ges, like a Mariner that ferves by the Month, who
if he dies in the Voyage, his Executors are to be
answered pro rata. Molloy de Fur. Maritim. 260. If
a Part-owner of a Ship refuse to join with the other
Owners in fetting out the Ship, he thall not be
entitled to his Share of the Freight; but by the
Courſe of the Admiralty, the other Owners ought to
give Security if the Ship perish in the Voyage, to
make good to the Owner ftanding out his Share
of the Ship. Sir Lionel Jenkins, in a Cafe of this
Nature, certified that by the Law Marine and
Courfe of the Admiralty, the Plaintiff was to have
no Share of the Freight; and that it was fo in all
Places, for otherwife there would be no Navigation.
Lex Mercat. 100.
Sec Freight.
Chartel, (Fr. Cartel) A Letter of Defiance, or
Challenge to a fingle Combat; in Ufe heretofore to
decide difficult Controverfies at Law, which could
not otherwiſe be determined. Blount.
Charter, (Lat. Charta, Fr. Chartres, i. e. Inftrumen-
ta) Is taken in our Law for written Evidence of
Things done between Man and Man: Whereof
Bracton, lib. 2. cap. 26. fays thus, Fiunt aliquando Do
nationes in Scriptis, ficut in Chartis, ad perpetuam rei
memoriam, propter brevem hominum vitam, &t. And
Briton in his 39th Chapter divides Charters into thofe
of the King, and thofe of private Perfons. Char
ters of the King are thofe whereby the King paffeth
any Grant to any Perfon or Body Politick; as a
Charter of Exemption, of Privilege, &c. Charter of
Pardon, whereby a Man is forgiven a Felony, or
other Offence committed against the King's Crown
and Dignity; and of thefe there are feveral Sorts,
viz. Charta Pardonationis Utlagaria, Charta Pardona
tionis fe Defendendo, &c. and others mentioned in Reg.
Writs, 287, 288, c. Charter of the Foreft, wherein
the Laws of the Foreft are compriſed, fuch as the
Charter of Canutus, &c. Kitch. 314. Fleta, lib. 3. c. 14.
Charters of Private Perfons are Deeds and Inftruments
for the Conveyance of Lands, &c. And the Pur-
chafer of Lands, fhall have all the Charters, Deeds
and Evidences as incident to the fame, and for the
Maintenance of his Title. Co. Lit. 6. Charters be-
long to a Feoffee, altho' they be not fold to him,
where the Feoffor is not bound to a general Warran-
ty of the Land; for there they fhall belong to the
T
Form of a Charter party of Affreightment.
HIS Charter-party indented, made, &c. be-
taveen A. B. of, &c. Mariner, Master and
Owner of the good Ship or Veffel called, &c. now riding at
LI
Anchor
-
}
+
X
0
1
С Н.
CH
Anchor at, &c. of the Burden of two hundred Tons, or monly less than a Foreft, and not endowed with fo
thereabouts, of the one Part, and C. D. of, &c. Mer- many Liberties, as the Courts of Attachment, Swain..
chant of the other Part, Witneffeth, That the faid A. B. more and Juftice-Seat; tho' of a larger Compaſs,
for the Confiderations herein after mentioned, Hath granted and ſtored with greater Diverfity both of Keepers,
and to Freight letten, and by thefe Prefents doth grant and and wild Beafts or Game, than a Park. A Chafe
to Freight let unto the faid C. D. bis Executors, Ad- differs from a Forest in this, because it may be in the
minifirators and Affigns, the whole Tonnage of the Hold, Hands of a Subject, which a Foreft in its proper and
Stern-Sheets and Half-deck of the faid Ship or Veffel, cal true Nature cannot; and from a Park, in that it is
led, &c. from the Port of London, to, &c. in a Voyage not enclofed, and hath a greater Compafs, and-
to be made by the faid A. B. with the faid Ship, in Man-more Variety of Game, and Officers likewife. Crompt.
ner hereafter mentioned; (that is to say) to fail with the in his Furifdi&. fol. 14S. fays, A Foreft cannot be in
firft fair Wind and Weather that fall happen after, &c. the Hands of a Subject, but it forthwith lofeth its
next from the faid Port of London, with the Goods and Name, and becomes a Chafe: But fol. 197: he fays,
Merchandize of the faid C. D. his Factors or Affigns on A Subje&t may be Lord and Owner of a Foreft,
Board to, &c. aforefaid, (the Dangers of the Sea except-which though it feems a Contradiction, yet both
ed) and there unlade and make Difcharge of the faid fayings are in fome Sort true: For the King may
Goods and Merchandizes: And also shall there take into give or alienate a Foreft to a Subject, fo as when it
and aboard the faid Ship again, the Goods and Merchan-is once in the Subject, it lofeth the true Property
dizes of the faid C. D. his Factors or Afſigns, and ſhall of a Forest, because the Courts called the Jultice-
then return to the Port of London with the faid Goods, Sear, Swainmote, &c. do forthwith vaniſh, none be-
in the Space of, &c. limited for the End of the faid ing able to make a Lord Chief Justice in Eyre of
Voyage. In Confideration whereof the faid C. D. for the Foreft, but the King; yet it may be granted in
himself, his Executors, and Administrators, doth covenant, fo large a Manner, as there may be Attachment,
promife and grant to and with the faid A. B. his Exe- Swainmote, and a Court equivalent to a Juftice Seat.
cutors, Adminiftrators, and Aſſigns, by thefe Prefents, Manavood, part 2. c. 3, 4. A Foreft and a Chafe have
that the faid C. D. his Executors, Administrators, Factors different Officers and Laws: Every Foreſt is a Chaſe,
or Affigns, fhall and will well and truly pay or caufe to
be paid, unto the faid A. B. his Executors, Adminiftra-
tors or Aligns for the Freight of the faid Ship and
Goods, the Sum of, &c. (or so much per Ton) with
in twenty-one Days after the faid Ship's Arrival, and
Goods returned and diſcharged at the Port of London a-
forefaid, for the End of the faid Voyage: And alfo fhall
and will pay for Demorage, (if any fhall be by the De
fault of him the faid C. D. his Factors or Aligns) the
Sum of, &c. per Day, daily and every Day, as the fame
Shall grow due. And the faid A. B. for himself, his
Executors and Administrators, doth coverant, promife and
grant, to and with the faid C. D. his Executors, Admi
niftrators and Afſigns, by theſe Preſents, that the faid Ship
or Veffel fhall be ready at the Port of London, to take in
Goods by the Said C. D. on or before, &c. next coming.
And the faid C. D. for himſelf, bis, &c. doth covenant
and promife, within ten Days after the faid Ship, or Vef
fel fhall be thus ready, to have his Goods put on Board the
faid Ship, to proceed on in the faid Voyage: And alfo on
the Arrival of the faid Ship at, &c. within, &c. Days,
to have his Goods ready to put on Board the faid Ship, to
return on the faid Voyage. And the faid A. B. for him-
felf, his Executors and Adminiftrators, doth further cove-
nant and grant to and with the said C. D. his Executors,
Adminiftrators and Affigns, that the faid Ship or Veffel
now is, and at all Times during the faid Voyage, fhall be
to the best Endeavours of him the faid A. B. bis Execu-
tors, and Adminiftrators, and at his and their own proper
Cofts and Charges, in all Things made and kept stiff,
ftaunch, ftrong, well apparelled, furnished and provided, as
well with Men and Mariners, fufficient and able to fail,
guide and govern the faid Ship, as with all Manner of
Rigging, Boats, Tackle, Apparel, Furniture, Provifion
and Appurtenances, fitting and necessary for the faid Men
and Mariners, and for the faid Ships during the Voyage
aforefaid. In Witnefs, &c.
Chartis Reddendis, Is a Writ which lies against
him that hath Charters of Feoffment entrusted to
his Keeping, and refuſeth to deliver them. Reg.
Orig. 1.59.
quiddam amplius; but any Chafe is not a Foreft.
Chafe is ad communem Legem, and not to be gui
ded by the Foreft Laws; and it is the fame of
Parks. 4 Inft. 314. A Man may have a free Chafe as
belonging to his Manor in his own Woods, as well
as a Warren and a Park in his own Grounds; for a
Chafe, Warren and Park are collateral Inheritances,
and not iffuing out of the Soil; and therefore if a
Perfon hath a Chafe in other Men's Grounds, and
after purchaſeth the Grounds, the Chafe remaineth.
Ibid. 318. If a Man have Freehold in a fee Chaſe,
he may cut his Timber and Wood growing upon it,
without View or Licenfe of any; though it is
not fo of a Foreft: But if he cut fo much that
there is not fufficient for Covert, and to maintain
the Game, he fhall be punished at the Suit of the
King: And fo if a common Perfon hath a Chaſe in
another's Soil, the Owner of the Soil cannot de-
troy all the Covert, but ought to leave fufficient
thereof, and alfo Browfewood, as hath been accu-
ftomed. 11 Rep. 22. And it has been adjudged, that
within fuch Chafe, the Owner of the Soil by Pre-
fcription may have Common for his Sheep, and
Warren for his Conies; but he cannot furcharge
with more than has been uſual, nor make Coney-
Burrows in other Places than has been uſed. Ibid.
If a free Chafe be inclofed, it is faid to be a good
Caufe of Seifure into the King's Hands. It is not
lawful to make a Chafe, Park or Warren, without
Licence from the King under the Broad Scal.
And in
Chafoz, An hunting Horfe. Dederunt mihi
unum Chaforem, &c. Leg. Will. 1. cap. 22.
another Chapter it is written Cacorem.
Chattellaine, A noble Woman: Quafi caftelli Do-
mina.
Chattels or Catals, (Catalla) Comprehend all
Goods moveable and immoveable, except fuch as
are in Nature of Freehold, or Parcel of it. The
Normans call moveable Goods only Chattels; but this
Word by the Common Law extends to all moveable
and immoveable Goods: And the Civilians denomi-
nate not only what we call Chattels, but alſo Land,
Chale, (Fr. Chaffe) In its general Signification is all under Bona. But no Eftate of Inheritance or
a great Quantity of woody Ground lying open, and Freehold, can be termed in our Law Goods and
privileged for wild Beafts, and wild Fowl: And the Chattels; though a Leafe for Years may paſs as
Beafts of Chafe properly extend to the Buck, Doe, Goods. Chattals are either Perfonal or Real: Perfo-
Fox, &c. and in common and legal Senfe to all nal, as Gold, Silver, Plate, Jewels, Houfhold-Stuff,
the Beaſts of the Foreft. 1 Inft. 233. But if one Goods and Wares in a Shop, Corn fown on the
have a Chafe within a Foreft, and he kill or hunt any Ground, Carts, Ploughs, Coaches, Saddles, &c.
Stag or Red Deer, or other Beafts of the Foreft, he is Cattle, as Horfes, Oxen, Kine, Bullocks, Sheep,
fineable. Jones's Rep. 278. A Chafe is of a middle Pigs, and all tame Fowls and Birds, Swans, Tur-
Nature, between a Foreft and a Park, being com- Ikeys, Geefe, Poultry, &c. and thefe are called
Perfonal
·
1
4
1
CH
CH
}
}
Chelsea, A College fhall be erected at Chelsea, and a
Trench made to convey Water from the River Lee
to London, to maintain the fame, by Stat. 7 Fac. 1.
c. 9. By late Statutes concerning the Army, one
Day's Pay in a Year is to be deducted out of every
Officer and Soldier's Pay, for Chelſea Hofpital. Stat.
K. Will. Q. Ann. and K. Geo. 1. and 2.
Cheft, An uncertain Quantity of Merchandize,
Wine, &c.
Chester. Where Felony, &c is committed by any
Inhabitant of the Palatine of Chester, in another
County, Procefs fhall be made to the Exigent where
the Offence was done, and if the Offender then fly
into the County of Chester, the Outlawry fhall be
certified to the Officers there. 1 H 4. c. 18. The
Seffions for the County Palatine of Chester, is to be
kept twice in the Year, at Michaelmas and Easter:
And Justices of Peace, &c. in Chester fhall be no-
minated by the Lord Chancellor. Stat. 27 H. S.
32 H. 8. c. 43. Recognizances of Statutes Merchant
may be acknowledged, and Fines levied before the
Mayor of Chefter, &c. for Lands lying there. 2 & 3
Ed. 6. c. 31. But no Writ of Protection fhall be
granted in the County Palatine. See County.
c. 5.
Perfonal in two Refpects, one because they belong Chelfnda, A Sort of Ship. Obligavit fe Im
inmediately to the Perfon of a Man; and the operator ad 100 Chelindras & 50 Galleias ducendas ul
ther, for that being any Way injurioufly with-held tra mare. Mat, Paris, Anno 1238.
from us, we have no means to recover them but
Perfonal Action. Chattels Real are fuch as either
appertain not immediately to the Perfon, but to
fome other Thing by Way of Dependency, as a Box
with Charters of Land, &c. or fuch as are iffuing
out of fome immoveable Thing to a Perfon, as a
Leafe, or Rent for Term of Years: And Chattels
Real concern the Realty, Lands and Tenements,
Leafes for Years, Intereft in Advowfons, in Statutes-
Merchant, &c. And alfo include Corn cut, Trees
cut, &c. i Inft. 118. Noy's Max. 49. But Deeds re-
lating to a Freehold, Obligation, c. which are
Things in Action, are not reckoned under Goods
and Chattels; though if Writings are pawled, they
may be Chattels: And Money hath not been ac-
counted Goods or Chattels ; nor are Hawks or Hounds
fuch, being fera Natura. 8 Rep. 33. Terms de Ley
103. Kitch. 32. Perfonal Eftate is ufually taken for
Money, Goods, Bonds, Leafes for Years, &c. And
Chattels Perfonal are not only moveable and im-
moveable, but fome are animate, as Horfes, &c. and
others inanimate, as Beds, &c. Á Collar of SS, Gar-
ter of Gold, Buttons, &c. belonging to the Drefs of
a Knight of the Garter, are not Jewels to pafs by
that Name in Perfonal Eftate, but Enfigns of Ho- Chebage, (Chevagium, from the Fr. Chef, i. e. Ca-
nour. Dyer 59. The Law will not fuffer the Devife put). Is a Tribute or Sum of Money formerly paid
of a Perſonal Chattel, with a Remainder over; but by fuch as held Lands in Villenage to their Lords
a Deviſe of a Chattel Real, with Remainder over, in Acknowledgment, and was a Kind of Head or
hath been in fome Cafes adjudged good in Equity. Poll Money. Of which Bracton, lib. I. cap. 10. fays
2 And. 185. The Use of Perfonal Things, fuch as thus; Chevagium dicitur recognitio in fignum Subjectionis
Plate, Jewels, &c. may be given to one, and the & Dominii de capite fuo. Lambard writes this Word.
Remainder to another; and in that Cafe the Pro-Chivage; but it is more properly Chiefage: And an-
perty is veſted in the laft Devifee. Owen. 33. But a tiently the Fews, whilft they were admitted to live
Devife of the Ufe of Money, has been adjudg'd a in England, paid Chevage or Poll-Money to the King,
Devife of the Money it felf; and fo a Devife of as appears by Pat. 8 Ed. 1. par. 1. It feems alfo to
the Ufe of Books, Medals, &c. and Limitations o-be used for a Sum of Money, yearly given to a
ver have been declared void. 2 Chan. Rep. 167. Man of Power for his Protection, as a Chief Head
1 Chan. Rep. 129. Chattels Perfonal are immediately or Leader: But the Lord Coke fays, that in this Sig-
upon the Death of the Teftator, in the actual Pofnification, it is a great Mifprifion for a Subject ro
feffion of the Executor, as the Law will adjudge, take Sums of Money, or other Gifts yearly of any,
though they are at never fo great a Diftance from in Name of Chevage, because they take
upon
him; Chattels Real, as Leafes for Years of Houfes, to be their Chief Heads or Leaders. Co. Lit. 140.
Lands, c. are not in the Poffeffion of the Execu- Chebantia, A Loan or Advance. of Money up-
tor 'till he makes an Entry, or hath recovered the on Credit; Fr. Chavarice, Goods, Stock. Idem
fame; except there be a Leafe for Years of Tithes, Prioratus pene deftructus, & poffeffionis fue ad plurimos
where no Entry can be made. 1 Nelf. Abr. 437. terminos pro plurimis Chevantiis alienata exiftunt. Mon.
Leafes for Years, tho' for 1000 Years; Leafes at Ang. Tom. I. pag. 629.
Will, Eftates of Tenants by Elegit, &c. are Chattels,
and fhall go to the Executor: All Obligations, Bills,
Statutes, Recognizances and Judgments, fhall be as Chevilance, (from the Fr. Chevir, i. c. Venir a
a Chattel in the Executors, &c. Bro. Obl. 18. F. N. B. Chief de quelque chofe, to come to the Head or End
But if one be feifed of Land in Fee on which of a Bufinefs) Signifies an Agreement or Compo-
Trees and Grafs grow, the Heir fhall have thefe, fition made; an End or Order fer down between a
and not the Executor ; for they are not Chattels 'till Creditor or Debtor; or fometimes an indirec
they are cut and fevered, but Parcel of the Inhe-Gain in Point of Ufury, &c. In our Statutes it is
ritance. 4 Rep. 63. Dyer 273. The Game of a Park often mentioned, and moft commonly used for an
with the Park, Fiſh in the Pond, and Doves in the unlawful Bargain or Contra&t. Stat. 37 Hen. S. c. 9.
Houfe, with the Houfe, go to the Heir, &c. and are 13 Eliz. cap. 5 & 8. 21 Fac. I. c. 17. and 12 Car. 2.
not Chattels : Though if Pigeons, or Deer, are tame, c. 13.
or kept alive in a Room; or if Fiſh be in a Trunk,
c. they go to the Executors as Chattels. Ney 124.
11 Rep. 50. Kelw. 88. An Owner of Chattels is faid
to be poffeffed of them; as of Freehold the Term
is, that a Perſon is Seiſed of the fame.
I20.
4
Chaumpert, A Kind of Tenure mentioned Pat.
35 Ed. 3. To the Hofpital of Bowes in the Iſle of
Guernsey. Blount.
them
Cheveril, (Cheverillus) A young Cock, or Cockling..
Pat. 15 H. 3.
•
Chebitie and Chevife, Are Heads of ploughed
Lands. Novem Acras Terra cum Chevifcis ad ipfas
pertinentibus. Mon. Angl. Tom. 2. f. 116.
Chief Pledge, (Plegius vel vas Capitalis) Menti-
oned 20 Hen. 6. cap. S. See Borough-bead and Borough-
holder.
I
Children, Are in Law a Man's Iffue begotten on
his Wife. In Cafe Land be given by Will to a Man
Chaunter, A Singer in a Cathedral. See Chanter. and his Children, who has fuch alive, the Deviſee
Check-Roll, Is a Roli or Book containing the takes only an Eſtate for Life; but if there be no
Names of fuch as are Attendants and in Pay to the Child living, it is held to be an Eftate-Tail.
King or other great Perſonages, as their Houfhold Vent. 214, 225. A Deviſe to one's Children, prima
Servants. Stat. 19 Car. 2. cap. 1. It is otherwife cal-facie refers only to thofe as are alive at the Time
led the Checquer Roll, and feems to take its Etymo- of Making the Will; though were the fame to
logy from the Exchequer. 14 Hen. 8. c. 13.
Children living at his Death, a Child in Ventre fa Mere,
may
1
CH
CH
Q
and Succeffors, &c. which Payment was commonly
called Chimney Money. This Tax being much com.
plained of, as burthenfome to the People, ha h
been long fince taken off, and others impofed in its
Stead; among which that on Windows of Houses,
laid 7 & 8 W. 3. has by fome Perfons been efteem.
ed almost equally grievous. See Frage.
Chipp, Cheap, Chipping, Signifies the Place to
be a Market-Town, as Chippenham, &c. Blount.
Chippingabel, or Cheapingavel, Toll for Buying
and Selling.
Chirgemot, Circgemot, Chirch-gemot, (Sax.) Forum
Ecclefiafticum. Quofque Chirgemot Difcordantes in
veniet, vel amore congreget, vel fequeftret Fudicio. Leg.
Hen. 1. c. 8
4 Inft. 321.
may be looked upon as living. 1 Peer Williams 342,
244. Alio a Son, with which a wife is priviment
enfient, is adjudg'd living at the Time of the Te-
Rator's Death, to prevent an an Etate going over
to another, &c. Ibid. 486. If a Sum of Money is
given in Trutt for the Children of another Perlon,
and he had only one Child and feveral Grandchildren,
the Child only fhall take; yet it is laid if such
Perfon had not any Child living, the Grandchildren
might have taken by the Name of Children 2 Vern.
106. Abr. Caf. Eq. 202. A Father being about to
make his Will, and thereby intended to have made
Provisions for his younger Children; his Son and
Heir diffuaded him from doing it, and promifed
that he would take Care his Brothers and Sifters
fhould have the Proviſions; upon which the Father Chirograph, (Chirographum, or Scriptum-Chirogra-
forbore making them, and they were decreed in phatum) any publick Inftrument of Gift or Con-
Chancery against the Heir; his Promife being by veyance, attefted by the Subfcription and Croffes
Fraud. Preced. Canc. 4. And where a Perfon going of Witneffes, was in the Time of the Saxons called
to fuffer a Recovery, in order to provide for Chirographum; which being, fomewhat changed in
younger Children, was kept from it by the Heir in Form and Manner by the Normans, was by them
Tail, he promifing to do for them himself; it has filed Charta: In following Times, to prevent Frauds
been ruled he should do it, after the Father's and Concealments, they made their Deeds of mutu
Death. Ibid. 5. Scc Adminiſtrator. See also Poft-al Covenant in a Script and Refcript, or in a Part and
Counter part, and in the Middle between the two
Childwit, (Sax.) Is a Fine or Penalty of a Bond-Copies, they drew the Capital Letters of the Alpha-
Woman unlawfully begotten with Child: Prior habet, and then tallied or cut aſunder in an indent-
beat Gerfumam de Nativa fua impregnata fine Licentia ed Manner, the Sheet or Skin of Parchment; which
maritandi. Ex Reg. Priorat de Cokesford. Cowel
fays, it fignifieth a Power to take a Fine of your
Bond-Woman gotten with Child without your
Confent: And within the Manor of Writtel in Com.
Effex, every reputed Father of a bafe Child, pays
to the Lord for a Fine 3 s. 4 d. where it ſeems to
extend as well to Free as Bond-Women; and the
Cuſtom is there called Childwit to this Day.
bumous.
2
·
being delivered to the two Parties concerned, were
proved authentick by matching with and anfwer-
ing to one another: And when this prudent Cuſtom
had for fome Time prevailed, then the Word Chi
rographum was appropriated to fuch bipartite Wri-
tings or Indentures. Anciently when they made a
Chirograph or Deed, which required a Counter part,
they ingroffed it twice upon one Piece of Parch-
ment contrariwife, leaving a Space between, in
which they wrote in great Letters the Word Chiro-
graph; and then cut the Parchment in two, fome-
times even and fometimes with Indenture, through
the Midft of the Word: This was afterwards called
Dividenda, becauſe the Parchment was fo divided
or cut; and 'tis faid the firft Uſe of theſe Chiro-
graphs was in Henry the Third's Time. Chirograph
was of Old uſed for a Fine; the Manner of Ingrof.
fing whereof, and cutting the Parchment in two
Pieces, is fill obferved in the Chirographer's Office:
Bur as to Deeds; that was formerly called a Chiro-
graph, which was fubfcribed by the proper Hand-
writing of the Vendor or Debtor, and delivered to
the Vendee or Creditor: And it differed from Sin-
graphus, which was in this Manner, viz. Both Par-
ties, as well the Creditor as Debtor, wrote their
Names and the Sum of Money borrowed, on Pa-
Chimin, (Fr. Chemin, i. e. Via) In Law Phrafe is
a Way; which is of two Sorts; the King's High
way, and a private Way. The King's Highway,
(Chiminus Regius) is that in which the King's Sub-
jeas, and all others under his Protection, have free
Liberty to pafs, though the Property of the Soil
where the Way lies, belongeth to fome private
Perfon. A Private Way is that in which one Man
or more have Liberty to pafs through the Ground
of another, by Prefeription or Charter; and this is
divided into Chimin in Grofs, and Chimin appendant.
Chimin in Grofs is where a Perfon holds a Way prin-
cipally and folely in itself; Chimin appendant is
that Way which a Man hath as appurtenant to
fome other Thing: As if he rent a Cloſe or Pafture,
with Covenant for Ingrefs and Egrefs through fome
other Ground in which otherwife he might not pafs.
Kitch. 117. Co. Lit. 56. It is faid a Way may not
be claimed by Prefeription as appendant or appur-per, &c. and the Word Syngraphus in Capital
tenant to an Houfe, becauſe it is only an Eafement Letters in the Middle thereof, which Letters were
and no Intereft; but a Perfon may preferibe for a cur in the Middle, and one Part given to each
Way from his Houfe through a certain Clofe, &c. Party, that upon comparing them (if any Dispute
to Church, though he himſelf hath Lands next ad- fhould arife) they might put an End to the Diffe-
joining to his faid Houfe, through which of Necefrence. The Chirographs of Deeds have ſometimes
fity he must first pafs; for the general Prefeription
fhall be applied only to the Lands of others. Telv.
159. 1 Dano. Abr. 785. See Highway.
Chiminage, (Chiminagium) Is a Toll due by Cu-
ftom for having a Way through a Foreft; and
in antient Records it is fometimes called Pedagium.
Cromp. Jurifd. 189. Co. Lit. 56. Telonium quod
in Foreftis exigebant Forefarii a Plaufris & Equis oneris
caufa eo venientibus. Chart. Foreft, cap. 14 Et nul
lus Foreftarius qui non fit Foreftarius de Feodo, c. capiat
Chiminagium, &c.
Chimney-Moncy, Otherwife called Hearth-Mo-
ney, a Duty to the Crown on Houfes. By Statute
14 Car. 2. cap. 2. Every Fire-Hearth and Stove of
every Dwelling and other Houſe within England and
Wales, (except fuch as pay not to Church and Poor)
fhall be chargeable with 2 s. per Annum, payable at
Michaelmas and Lady-Day, to the King and his Heirs,
I
į
concluded thus, Et in bujus rei Teftimonium
buic fcripto in modum Chirograpi confecto viiſſim fi-
gilla noftra appofuimus. The Chirographs were called
Chart Divife, Scripta per Chirographum Divifa, Charte
per Alphabetum Divife: as the Chirographs of all Fines
are at this Time. Kennet's Antiq. 177. Mon. Ang.
Tom. 2. p. 94.
X
Chirographer of Fines (Chirographus Finium &
Concordiarum, of the Greek Xugóvgapov, a Com-
pound of Xelp, Manus a Hand, and redow, Scribo,
to write, a Writing of a Man's Hand) Significs
that Officer in the Common Pleas which ingroffeth
Fines acknowledg'd in that Court into a perpetual
Record, after they are examined and paffed in the
other Offices, and that writes and delivers the In-
dentures of them to the Party: And this Officer
makes out two Indentures, one for the Buyer, an-
other for the Seller; and alſo makes one other in-
dented
!
CH
CH
1
!
dented Piece, containing the Effect of the Fine, Man fhould pay yearly for every Knight's Fee
which he delivers to the Cuftos Brevium, which is twenty Shillings, for Half a Knight's Fee ten Shil-
called the Foot of the Fine. The Chirographer likelings, or fome like Rate; and this Service, becauſe
wife, or his Deputy, proclaims all the Fines in it is drawn to a certain Ront, groweth to be of a
the Court every Term, according to the Statute, mixt Nature, not merely Socage, and yet Socage
and endorſes the Proclamation upon the Backfide in Effect, being now neither Perfonal Service nor
of the Foot thereof; and always keeps the Writ of uncertain. Littleton. The Tenure called Chivalry
Covenant, and Note of the Fine: And the Chiro had other Conditions annexed to it: But there is a
grapher fhall take but 4 s. Fee for a Fine, in Pain to great Alteration made in thefe Things by the Stat.
forfeit his Office, &c. Stat. 2 Hen. 4. c. S. 23 Eliz. 12 Car. 2. c.24. which enacts that Tenures by Knights-
cap. 3. 2 Inft. 468.
Service of the King, or any other Perfon, in Capite,
&c. and the Fruits and Confequences thereof hap-
pened, or which fhall or may happen or arife
thereupon, or thereby, are taken away and dif
charged; and all Tenures fhall be conftrued and ad-
judged to be free and common Socage, &c.
•
Chop-church, (Ecclefiarum Permutatio) Is a Word
mentioned in a Statute of King Hen. 6. by the Senfe
of which, it was in thofe Days a Kind of Trade,
and by the Judges declared to be lawful: But Broke
in his Abridgment fays, it was only permiffable by
Law: It was without Doubt a Nick-name given to
thofe that used to change Benefices; as to chop and
change is a common Expreffion. 9 Hen. 6. cap. 65.
Vide Litera miffa omnibus Epifcopis, &c. contra Choppe-
Churches, Anno 1391. Spelm. de Conc. vol. z.
p. 642.
Chozal, (Choralis) Signifies any Perfon that by
Virtue of any of the Orders of the Clergy, was in
antient Time admitted to fit and ferve God in the
Choire; which in Latin is termed Chorus: And Mr.
Dugdale in his Hiftory of St. Paul's Church fays,
that there was formerly fix Vicars Choral belonging
to that Church.
Chozepilcopi, Suffragan or Rural Bishops, anciently
delegated by the Prime Diocefan; their Authority
was reftrained by fome Councils, and their Office
by Degrees abolished; after whom the Rural Deans
were fo commiffioned to exercife Epifcopal Jurif
diction, till inhibited by Pope Alexander the Third.
Kennet's Paroch. Antiq. 6·39.
Chivalry, (Servitium Militare) Comes from the
Fr. Chevalier, and in our Law is ufed for a Tenure
of Lands by Knights Service; whereby the Tenant
was bound to perform Service in War unto the
King, or the mefne Lord of whom he held by that
Tenure. And Chivalry was either General or Special;
General, where it was only in the Feoffment that the
Tenant held per fervitium militare, without any Spe
cification of Serjeanty, Efeuage, &c. Special, when
it was declared particularly by what Kind of
Knight-Service the Land was held. For the bet-
ter Underſtanding of this Tenure, it has been ob
ferved, that there is no Land but is holden medi-
ately or immediately of the Crown by fome Ser
vice; and therefore all our Freeholds that are to
us and our Heirs, are called Feuda or Feoda, Fees,
as proceeding from the King, for fome fmall yearly
Rent, and the Performance of fuch Services as
were originally laid upon the Land at the Donation
thereof; for as the King gave to the great Nobles,
his immediate Tenants, large Poffeffions for ever,
to hold of him for this or that Service or Rent,
fo they in Time parcelled out to fuch others as
they liked the fame Lands, for Rents and Services
as they thought good: And thefe Services were by
Littleton divided into two Sorts, Chivalry and Socage;
the First whereof was Martial and Military, the
other Ruftical; Chivalry therefore was a Tenure of
Service, whereby the Tenant was obliged to per
form fome noble or military Office unto his Lord,
being of two Kinds, either Regal, that is held only Chole, (Fr.) A Thing; ufed in the Common
of the King, or common, where held of a common Law with divers Epithets; as Chofe Local, Chofe Tran-
Perfon: That which might be held only of the fitory, and Chofe in Action. Chofe Local is fuch a Thing
King was called Servitium or Serjeantia, and was a- as is annexed to a Place, as a Mill, and the like:
gain divided into Grand and Petit Serjeanty; the And Chofe Tranfitory is that Thing which is move-
Grand Serjeanty was where one held Lands of the able, and may be taken away, or carried from
King by Service, which he ought to do in his own Place to Place: Chofe in Action is a Thing incorpo-
Perfon, as to bear the King's Banner or Spear, to real, and only a Right; as an Annuity, Obligation
lead his Hofte, or to find a Man at Arms to fight, for Debt, &c. And generally all Caules of Suit for
c. Petit Serjeanty was when a Man held Lands of any Debt, Duty, or Wrong, are to be accounted
the King, to yield him annually fome fmall Thing Chofes in Action: And it feems Chofe in Action may be
towards his Wars, as a Sword, Dagger, Bow, alfo called Chofe in Sufpence, because it hath no real
Chivalry that might be holden of a common Perfon, Exiſtence or Being, nor can properly be ſaid to be
was termed Scutagium, Efcuage, that is Service of in our Poffeffion. Bro. Tit. Chofe in Action.
When a
the Shield, which was either uncertain or cer- Man may bring an Action for fome Duty, viz. Debt
tain; Efcuage uncertain was likewife twofold, firft, upon Bond, or for Rent; or Action of Covenant,
where the Tenant was bound to follow his Lord, or Trefpafs for Goods taken away, or ſuch like
going in Perfon to the King's Wars, either him thefe are Chofes in Action: And as they are Things
felf or fending a fufficient Man in his Place, whereof a Perfon is not poffeffed, but is put to his
there to be maintained at his Coft fo long as was Action for Recovery of them, they are therefore
agreed upon between the Lord and his firft Tenant, called Chofes in Action. 1 Lill. Abr. 264. A Perfón
at the Granting of the Fee; and the Days of fuch diffeifes me of Land, or takes away my Goods;
Service feem to have been rated by the Quantity my Right or Title of Entry into the Lands, or
of Land fo holden, as if it extended to a whole Action and Suit for it, and fo for the Goods, is a
Knight's Fee, then the Tenant was to follow his Chofe in Action: So a Debt on an Obligation, and
Lord forty Days; and if but to Half a Knight's Power and Right of Action to fue for the fame
Fee, than twenty Days; if a fourth Part, then ten1 Brownl. 33. And a Condition and Power of Re-
Days, &c. and the other Kind of this Efcuage was entry into Land upon a Feoffment, Gift or Grant,
called Castleward, where the Tenant was obliged by before the Performance of the Condition, is of the
himself or fome other, to defend a Cattle, as often Nature of a Chofe in Action. Co. Lit. 214. 6 Rep. 50.
as it should come to his Turn; and theſe were Dyer 244. If one have an Advowfon, when the
called Efcuage uncertain; becauſe it was uncertain Church becomes void, the Preſentation is but as a
how often a Man fhould be called to follow his Chofe in Action, and not grantable: But 'tis other-
Lord to the Wars, or to defend a Caftle, and what wife before the Church is void. Dyer 296. Where
his Charge would be therein. Efcuage certain was a Man hath a Judgment against another for Mo-
where the Tenant was fet at a certain Sum of Money, or a Statute, theſe are Chofes in Action. An
ney to be paid in Lieu of fuch Service; as that a Annuity in Fee to a Man and his Heirs, is grant-
M m
able
CH
CH
i
}
}
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+
+
:
able over: But it has been held, that an Annuity is Law adjudged a Church. If the King founds a Church,
Chofe in Action, and not grantable. 5 Rep. 89. Fitz. he may exempt it from the Ordinary's Jurifdiction;
Grant, 45. A Chofe in Action cannot be tranferred, but 'ris otherwife in Cafe of a Subject. The Manner
over; nor is it devifable: Nor can a Chofe in Action of founding Churches in antient Times was, after the
be a Satisfaction, as one Bond cannot be pleaded to Founders had made their Applications to the Bishop
be given in Satisfaction for another; but in Equity of the Diocese, and had his Licenſe; the Bishop or
Chofes in Action may be affignable; and the King's his Commiffioners fet up a Crofs, and fet forth the
Grant of a Chofe in Action is good. Cro. Fac. 170, Church Yard where the Church was to be built; and
371. Chanc. Rep. 169. When Bonds are affigned, it then the Founders might proceed in the Building of
is done with Power of Attorney to receive and fue the Church, and when the Church was finished, the
in the Affignor's Name; fo that tho' in this Cafe a Bishop was to confecrate it, and then and not before
Chofe in Action is faid to be affignable over, yet it the Sacraments were to be adminiftred in it. Stilling-
amounts to little more than a Letter of Attorney fleet's Ecclefiaft. Cafes. But by the Common Law and
to fue for the Debt. Wood's Inft. 282. A Man may Cuftom of this Realm, any Perfon who is a good
authoriſe another to fue for a Debt due by Speci- Chriftian, may build a Church without Licence from
alty in his Name, and by Agreement promife it to the Bishop, fo as it be not prejudicial to any an-
him when recovered; or he may give, grant or aftient Churches; tho' the Law takes no Notice of it as
fign the Writing, and fo deprive him(elf of the a Church, till confecrated by the Bishop, which is
Mcans to recover the Debt, though fuch a Debt it the Reafon why Church and no Church, &c. is to be
felf being a Chofe in Action, cannot be regularly af- tried and certified by the Bishop. And in fome
figned over. 1 Shep. Abr. 337. Charters where the Cafes, though a Church has been confecrated, it
Owner of the Land hath them in Poffeffion are must be confecrated again; as in Cafe any Mur-
grantable: A Poffibility of an Intereft or Eftate inder, Adultery, or Fornication be committed in
a Term for Years, is near to a Chofe in Action, and it, whereby it is defiled; or if the Church be de-
therefore may not be granted; but a Poffibility ftroyed by Fire, c. The antient Ceremonies in
joined with an Intereft, may be a grantable Chat-confecrating the Ground on which the Church was
tel. Co. Lit. 265. 4 Rep. 66. Moor Ca. 1128. And this intended to be built, and of the Church itſelf after
the Law doth provide to avoid Multiplicity of it was built, were thus: When the Materials were
Suits, and the Subversion of Justice, which would provided for Building, the Bishop came in his
follow if thefe Things were grantable from one Robes to the Place, &c. and having prayed, he
Man to another. Dyer 30. Plowd. 185. But by Re- then perfumed the Ground with Incenfe, and the
leafe Chofes in Action may be releaſed and diſcharged People fung a Collect in Praise of that Saint to
for ever; but then it muſt be to Parties and Pri- whom the Church was dedicated; then the Corner-
vies in the Eſtate, &c. For no Stranger may take Stone was brought to the Bishop, which he croffed,
Advantage of Things in Action; fave only in fome and laid for the Foundation: And a great Feaft was
fpecial Cafes, as upon the Stat. 32 Hen. 8. cap. 8. made on that Day, or on the Saint's Day to which
Co. Lit. 214. Yelv. 9, 85. A Chofe in Action, as an it was dedicated; but the Form of Confecration
Obligation, &c. is not within the Stat. 21 H. 8. con- was left to the Difcretion of the Bishop, as it is a
cerning Larceny by Servants, in going away with this Day. Some Bifhops, who have confecrated
or imbeziling their Mafter's Goods, to the Value of Churches, on entering into them have pronounced
And generally thefe are of no Ufe to any the Place to be holy, In the Name of the Father, &c.
but the Owner. 1. Hawk. P. C. 92, 93. But fee Stat. then with their Retinue of grave Divines went
2. Geo. 2. cap. 25.
round the Church, repeating the Hundredth Pfalm,
and a Form of Prayer, concluding, We confecrate
this Church, and fet it apart to Thee, O Lord Chrift, as
Holy Ground, &c. After which, turning to the Com-
munion Table, and having bowed to it feveral
Chrífmale, Chriſmal, Chriſom, the Face-Cloth, or Times, they pronounced Bleffings on all thoſe who
Piece of Linen laid over the Child's Head at Bap-hould be Benefactors, and Curfes againſt thoſe who
tiſm, which in antient Times was a Perquifite duefhould prophane that Place: And then a Sermon
to the Parish Prieſt Mulieres fequentes debent hath been preached, and the Sacrament adminiftred
offerre Chrifmalia Infantum, nec Chrifmalia debent a- with more than common Ceremony of Bowing,
lienari, nec in aliquos ufus mitti debent, nifi in ufus Ec- Kneeling, &c. A Church in general confifts of three
clefia. Statut. Ægid. Epif. Salisbur. An. 1256. principal Parts, that is, the Belfrey or Steeple, the
Chzifmatis denarií, Chrifom-pence, Money paid to Body of the Church with the Ifles, and the Chan-
the Diocefian, or his Suffragan, by the Parochial cel: And not only the Freehold of the whole Church,
Clergy, for the Chrifm confecrated by them about but of the Church-yard, are in the Parfon or Rector;
Eafter, for the Holy Ufes of the Year enfuing. and the Parfon may have an Action of Trefpafs a-
This cuftomary Payment being made in Lent near gainft any one that fhall commit any Trefpafs in
Eafter, was in fome Places called Quadragefimals, the Church or Church-yard; as in breaking of Seats
and in others Pafchals and Eafter-Pence. The Bi- annexed to the Church, or the Windows, taking a-
ſhops Exaction of it was condemn'd by Pope Pius XI. way the Leads, or any of the Materials of the
for Simony and Extortion; and thereupon the Cu-Church, cutting the Trees in the Church-yard, &c.
ftom was releaſed by fome of our English Bishops: The Property of the Bells, Books, and other Or-
As Robert Biſhop of Lincoln, by exprefs Charter.naments, and the Goods of the Church, is in the
Sciatis non remififfe Clericis omnibus infra Epifcopatum Parishioners; but in the Cuftody of the Church-
Lincolnienfem Pafchalem confuetudinem quam Chrif- wardens, who may maintain Action of Trefpafs a-
Cartular. Mon. de Ber- gainft fuch as fhall wrongfully take them away.
1 Rol. Rep. 255. If a Man ere&t a Pew in a Church,
or hang up a Bell, &c. therein, they thereby be-
come Church Goods, tho' not exprefly given to the
Church; and he may not afterwards remove them.
Stat. 10 H. 4. The Perfon only is to give Licence
to bury in the Church; but for defacing a Monu-
ment in a Church, &c. the Builder or Heir of the
Deceafed may have an Action. 2 Cro. 367. And a
Man may be indicted for digging up the Graves of
Perfons buried, and taking away their Burial Dref-
40 s.
Chailm, A Confection of Oil and Balfam confe-
crated by the Biſhop, and uſed in the Popish Cerc-
monies of Baptifm, Confirmation, and fometimes
Ordination.
matis denarios vocant.
deny, MS. Corton.
Chriftianitatis Curía, The Court Chriftian, or
Ecclefiaftical Judicature. See Court Chriftian.
Church, (Ecclefia) Is a Temple or Building con-
fecrated to the Honour of God and Religion, and
antiently dedicated to fome Saint, whofe Name it
affumed; or it is an Affembly of Perfons united by
the Profeffion of the fame Chriftian Faith, met to-
gether for Religious Worship; and if it hath Admi-
niftration of the Sacraments and Sepulture, it is in
I
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•
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1
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CH
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+
fes, &c. The Property whereof remains in the upon every Occupier, &c. If the Owner lives in
Party who was the Owner when ufed, and 'tis faid another Parish, he fhall be rated for Repairs in the
an Offender was found guilty of Felony in this Parish where the Lands lie, and not where he li-
Cafe, but had his Clergy. Co. Lit. 113. Though the veth; for tho' the Charge is upon the Perfon, yet
Parfon hath the Frechold of the Church, he hath 'tis in Regard of his Lands: If he let the fame by
not the Fee-fimple, which is always in Abeyance; Leafe, then he fhall be charged in Refpe&t of the
but in fome Refpects the Parfon hath a Fee-fimpleRent referved, and the Farmer fhall make up the
qualified. Litt. 644, 645. The Ufe of the Body of Reft. 2 Roll. Rep. 270. For Church Ornaments, U-
the Church, and the Seats fixed to the Freehold, is tenfils, &c. the Charge is upon the Perfonal Etates
common to all the Parishioners that pay to the Re-of the Parishioners; and for this Reafon Perfons
pairs thereof. The Chancel of the Church is to be must be charged for thefe where they live: But
repaired by the Parfon, unless there be a Cuftom tho generally Lands ought not to be taxed for Or-
to the contrary; and for thefe Repairs, the Par-naments, yet by fpecial Cuftom, both Lands and
fon may cut down Trees in the Church-yard, but not Houfes may be liable to it. 2 Inft. 489. Cro. Eliz. 843.
otherwife. 35 Ed. 1. The Church-wardens are to Hetley 131.
The Church-wardens are to Hetley 131. It has been refolved that no Man fhall
fee that the Body of the Church and Steeple are in be charged for his Land to contribute to the Church
Repair; but not any Ifle, &c. which any Perfon Reckonings, if he do not refide in the fame Pa-
claims by Preſcription, to him or his Houfe: Con- rifh. Moor 554. The Communion Tables are to be
cerning which Repairs the Canons require every kept in Repair in Churches, and covered in Time of
Perfon who hath Authority to hold Ecclefiaftical Divine Service with a Carpet, &c. And the Ten
Vifitation, to view their Churches within their Ju- Commandments to be fet up at the East End of
rifdictions once in three Years, either in Perfon, or every Church or Chapel, and other chofen Sentences
cauſe it to be done; and they are to certify the of Scripture upon the Walls. And at the common
Defects to the Ordinary, and the Names of thofe Charge fhall be provided a' ftrong Cheft with a
who ought to repair them; and thefe Repairs muft Hole in the upper Part thereof, having three Keys,
be done by the Church-wardens, at the Charge of of which one shall be kept in the Cuftody of the
the Parishioners. Can. 86. 1 Mod. 236. By the Com- Parfon, and the other two by the Church-wardens
mon Law, Parishioners of every Parish are bound feverally; which Chelt is to be fixed in a proper
to repair the Church: But by the Canon Law, the Place in the Church, to collect the Alms for the
Parfon is obliged to do it; and fo it is in Foreign Poor; and the Alms fhall be Quarterly distributed
Countries. 1 Salk. 164. In London, the Parishioners to the Poor, in the Prefence of the Chief of the
repair both the Church and the Chancel. The Spi- Pariſh. Can. 82, 83. By Statute, Churches not above
ritual Court may compel the Parishioners to repair fix Pounds a Year in the King's Books, by Affent
the Church, and excommunicate every one of them of the Ordinary, Patron and Incumbent, may be
till it be repaired; but thofe that are willing to united: And in Cities and Corporations, &c. Churches
contribute fhall be abfolved till the greater Part a- may be united by the Bishop, Patrons, and Chief
gree to a Tax, when the Excommunication is to Magiftrates, unless the Income exceeds 100l. per
be taken off; but the Spiritual Court cannot affefs Ann. and then the Parishioners are to confent, &c.
them towards it. 1 Mod. 194. 1 Vent. 367. For tho 37 Hen. S. cap. 21. 17 Car. 2. cap. 3. For compleat-
this Court hath Power to oblige the Parishioners to ing of St. Paul's Church, and repairing Weftminster
repair by Ecclefiaftical Cenfures; yet they cannot Abbey, a Duty of 2 s. per Chaldron on Coals is
appoint in what Sum, or fet a Rate, for that muft granted; and the Archbishop of Canterbury, Biſhop
be fettled by the Church-wardens, &c. 2 Mod. S. of London, Lord Mayor, &c. are appointed Com-
Where a Church is fo much out of Repair, that 'tis miffioners: And the Church yard is to be encloſed,
neceffary to pull it down, in fuch Cafe, upon a ge- and no Perfons build thereon, except for the Ufe
neral Warning to the Parishioners, the major Part of the Church. 8 & 9 W. 3. cap. 14.
1 Ann. cap. 2.
meeting may make a Rate for pulling it down, and Fifty new Churches are to be built in or near London
rebuilding it on the old Foundation, and it fhall be and Westminster, for the Building whereof a like.
good; and if any Parishioner refufe to pay his Pro-Duty is granted upon Coals, and Commiffioners ap-
portion, they may libel against him in the Eccle- pointed to purchafe Lands, afcertain Bounds, &c.
fiaftical Court. 2 Mod. 222. And if a Church be The Rectors of which Churches fhall be appointed
down, and the Pariſh is encreaſed, the greater Part by the Crown, and the firft Church-wardens, and
of the Parish may raife a Tax for the neceffary In- Veftrymen, &c. are to be elected by the Commif
larging it, as well as the Repairing thereof, &c. fioners. 9 Ann. cap. 22. A Duty is alfo granted on
I Mod 237. But in fome of our Books it is faid, Coals imported in London, to be appropriated for
that if a Church falls down, the Parishioners are not maintaining of Minifters for the Fifty new Churches.
obliged to rebuild it; tho' they ought to keep it in Stat. 1 Geo. 1. cap. 23. A Minifter by Ordination of
due Repair. 1 Ventr. 35. In a Cafe where Church- Priesthood receives Authority to preach in the
wardens made a Rate for Repairs of the Church, it Church, though he is nevertheless to have a Licence
was adjudged that the Parishioners ought to affefs from the Bishop of the Diocefe, &c. If a Layman
the Rate, and they are bound to repair the Church. be admitted and inftituted to a Benefice, and doth
1 Salk. 165. Church Rates for Repairs, are to be adminifter the Sacraments, marry, c. thefe A&ts
made by the Church-wardens and the major Part of performed by him during the Time he continues
the Parishioners, which ſhall bind the others, after Parfon in Fact, are good. 3 Cro. 775. Minifters are
a general Notice given; and if the Parishioners re- to declare their Affent to the Thirty-nine Articles
fufe or neglect to meet, upon fuch Notice; or if on of Religion, &c. and are bound to read Morning
Mecting they refufe to make a Rate, then the and Evening Prayers, on every Holyday, on the
Church-wardens and Overfeers of the Poor may 5th of November, the 30th of January, and the
make a Rate, and levy it upon the Inhabitants, be- 29th of May, as on the Lord's Day. And if any
ing firft confirmed by the Ordinary or Archdeadon. Minifter fhall ufe any Form of Church Service but
And Rates for repairing of Churches, &c. are of fuch as is in the Book of Common Prayer, &. he
Ecclefiaftical Cognizance; and to be recovered in ſhall forfeit a Year's Profit of his Living, and fuffer
the Ecclefiaftical Court: Alfo if a Pariſh is un- fix Months Imprifoument for the first Offence; and
equally rated, thofe who are grieved muft plead it for the fecond Offence be deprived, &c. Stat.
in the Spiritual Court, being fued there. 1 Ventr.
367. 2 Roll. Abr. 291. Thefe Rates must be made
upon the whole Parifh, and not on particular
Perfons; and the Charge is in Refpect of the Land,
Eliz. c. 2. And if a Parfon in reading Prayers,
ftand or fit when he is appointed to kneel, or knçel
when he fhould ftand, . he is punishable by this
Statute. If any Perfons deprave the Book of Com-
mon
1
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mon Prayer, &c. they fhall be imprifoned fix
Months, and forfeit 100 Marks. 13 14 Car. 2.
cap. 4. Every Perfon is to repair to his Parish Church
every Sunday, on Pain of forfeiting 1 s. for every
Offence; and being prefent at any Form of Pray-
er ufed contrary to the Book of Common Prayer,
is punished with fix Months Imprifonment, &c.
1 Eliz. cap. 2. 23 Eliz. cap. 1. Perfons above fixteen
Years of Age, who abfent from Church above a
Month, are to forfeit 201 per Month, &c. But Pro-
teftant Diffenters are exempted from Penalties, by
I W. & M. And a Perfon is not fo bound to go to
his Parish Church, but upon reaſonable Excufe he
may go to another; of which Excufe the Spiritual
Courts are Judges. 2 Roll. Rep. 438, 455. No Man
fhall cover his Head in the Church, in Time of Di-
vine Service, except he have fome Infirmity, and
then with a Cap; and all Perfons are to kneel and
ftand, &c. as directed by the Cominon Prayer du-
ring Service. Can. 18. No ill Language is to be
ufed, or Noiſe made in Churches or Church yards; and
Perfons ftriking others there, are to be excommu-
nicated, and lofe one of their Ears: And a Man
may not lawfully return Blows in his own Defence
in thefe Cafes. 5 & 6 Ed. 6. cap. 4. Difturbing
Minifters officiating Divine Service, incurs three
Months Imprisonment, and a Forfeiture of 201. by
Star. 1 M. cap. 3. and i W. & M. Any Perfon may
be indicted for indecent or irreverent Behaviour in
the Church; and thofe that offend against the Acts of
Uniformity, are Punishable either by Indictment
upon the Statutes, or by the Ordinary, &c.
chafe Goods, but not Lands, except it be in London,
by Cuftom. And they may have Appeal of Robbery
for ftealing the Goods of the Church. 1 Rol. Ab. 393.
Cro. Eliz. 179. But Church wardens cannot releafe to
the Prejudice of the Church: Nor can they difpofe
of the Church Goods, without the Confent of the
Veftry. If they wafte the Goods of the Church,
the new Church-wardens may have Actions againſt
them, or call them to account before the Ordina-
ry; tho' the Parishioners cannot have an Action
againft them for wafting the Church Goods, for they
nuft make new Church wardens, who muft profecute
the former, &c. 1 Danv. Abr. 788. 1 Cro. 145. Bro.
Account 1. The Church wardens are to take Care of
the Repairs of the Church; and if they erect, or
add any Thing new to the fame, they must have
the Confent of the Parishioners or Veftry; and if
in the Church the Licence of the Ordinary. 2 Inft.
489. 1 Vent. 367. They have with Confent of the
Minifter, the Placing the Parishioners in the Seats
of the Body of the Church, appointing Gallery
Keepers, c. referving to the Ordinary a Power to
correct the fame: And in London, the Church-wardens
have this Authority in themselves. Particular Per-
fons may preferibe to have a Seat, as belonging to
them by Reafon of their Eftates, as being an an-
cient Meffuage, &c. and the Seats having been con-
ftantly repaired by them: Alfo one may preſcribe to
an Ifle in the Church, to fit and bury there, always
repairing the fame. 3 Inft. 202. 2 Cro. 366. If the
Ordinary difplaces a Perfon claiming a Seat in a
Church by Prefeription, a Prohibition fhall be
granted, &c. 12 Rep. 106. The Parfon impropriate
has a Right to the chief Seat in the Chancel; but
An Indictment for not coming to Church. by Prefeription another Parishioner may have it.
Noy's Rep. The Church-wardens fhall fuffer no Man
Wilts, ff.THE Jurors, &c. That A. B. of M. to preach within their Churches, without produ-
in the faid County, Gent. on the Day cing his Licence: And they are to keep the Keys of
of, &c. in the Year of the Reign, &c. being of the Age the Bellfrey, and take Care that the Bells be not
of fixteen Years and upwards, did not repair to his Pa- rung without good Caufe, to be allowed of by the
rish Church of M. aforesaid, or to any other Church, Minifter and themfelves. Can. 50, 88. Church-war-
Chapel, or ufual Place of Common Prayer and Divine dens are to fee that all the Parishioners duly refort
Service, at any Time within the Space of one Month to their Parish-Church, and there continue during
next after the faid Day of, &c. in the Year above men- the Time of Divine Service; they are not to per-
tioned, but did willingly and obftinately, without any law-mit any to ftand idle, walk, or make any Noife in
ful or reasonable Excufe, forbear to do the fame, contrary the Church, or to contend for Places, &c. they may
to the Form of the Statute in fuch Cafe made and pro-apprehend thoſe that diſturb the Minifter, &c. and
vided, in Contempt of our faid Lord the now King and
his Laws, and against the Peace, &c.
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juftify the Appeafing any Diſorder in the Church
or Church-yard; they are to chaftife diforderly
Boys, and take off the Hats of thoſe who would ir-
Church wardens, (Ecclefie Guardiani) Are ancient reverently keep them on. 1 Saund. 13. Further,
Officers chofen yearly in Eafter Week, by the Mi- they muft fearch Ale-houfes on Sundays, that there
nifter and Parishioners of every Parish, to look to be no Perfons therein, during the Divine Service;
and take Care of the Church and Church yard, and and execute Warrants against thofe who profane
the Things belonging to the fame: They are to be the Lord's Day, &c. Alfo levy Penalties on Per-
chofe by the joint Confent of the Parishioners and fons, not coming to Church, againſt Profaners of
Minifter; and by Cuftom the Minifter may chufe the Sabbath in Paftimes, Tipling, &c. and for
one, and the Parishioners another; or by Custom Drunkennefs, Curfing and Swearing, &c. by divers
the Parishioners alone may elect both, though it be Statutes. And they are to prefent to the Ordinary
against the Canon. 1 Vent. 267. They are fworn in- all Things prefentable by the Ecclefiaftical Laws,
to their Offices by the Archdeacon; and if the which relate to the Church, the Parfon, and Pari-
Archdeacon refufeth to fwear a Church warden, a fhioners: Thefe Prefentments are made upon Oath,
Mandamus fhall iffue to compel him. 3 Cro. 551. As and ufually twice a Year, especially at the Vifita-
the Parishioners chufe Church-wardens, who have a tion: And what relates to the Church, is chiefly of
Truft repofed in them by the Parish as Temporal Repairs, and whether there be a Box for Alms in
Officers, they are the proper Judges of their Ability the Church, a Bible, Common-Prayer Book, and
to ferve, and not the Archdeacon who fwears them. Book of Canons, a Desk for the Reader, Cuſhion
5 Mod. 325. In the City of London, by fpecial Cu- for the Pulpit, a Communion Table, Table-Cloth,
tom, the Church wardens with the Minifter make a Cups and Covers for Bread, Flagons and Font, a
Corporation for Lands as well as Goods; and may Regifter-Book, King's Arms fet up, Lord's Prayer,
as fuch, hold, purchafe and take Lands for the Creed and Commandments in fair Letters, &c. What
Ufe of the Church, &c. And there is another Cu- concerns the Parfon, is whether he reads the thirty-.
ftom in London, for the Parishioners to chufe both nine Articles twice a Year, and the Canons once in
Church wardens exclufive of the Minifter; who is the Year, Preaches every Sunday good Do&trine,
alſo there excufed from repairing the Chancel of reads the Common Prayer, celebrates the Sacra-
the Church. 2. Cro. 325. 1 Inft. 3. 1 Roll. Abr. 339. ments, preaches in his Gown, vifits the Sick, cate-
Church-wardens are a Corporation to fue and be fued chifes Children, marries according to Law, &c.
for the Goods of the Church; and they may pur-And what relates to the Parishioners, is whether they
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come
CH
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1
2
Stat. 6 Ann. & 7. There may be felect Veftries e-
lected in Parishes to make Rates, and take. the
Church-wardens Accounts, &c. But those that do not
pay to any Church Rates have no. Votes, except
the Parfon or Vicar. See Church.
Church-Reeve, Is the fame with Church-warden,
(Reve in the Sax. being as much as Guardian in the
French) the Guardian or Overfeer of the Church:
The Word is now out of Ufe, but is mentioned by
Chaucer on the Jurifdi&tion of Archdeacons, viz.
Of Church Reves, and of Teftaments;
Of Contracts and of Lack of Sacraments.
Churchefflet, or Chirchfet, Ciricfeat, A Saxon Word
ufcd in Domefday, which is interpreted Quafi femen
Ecclefie, Corn, paid to the Church. Eleta lays, it fig.
nifies a certain Meaſure of Wheat, which in Times.
paft every Man on St. Martin's Day gave to Holy
Church, as well in the Times of the Britains as of
the English; yet many great Perfons after the Coming
of the Romans, gave that Contribution according to
the ancient Law of Mofes, in the Name of First..
Fruits; as in the Writ of King Canutus ſent to the
Pope is particularly contained, in which they call
Chirchfed, as one would fay Church-feed. Selden's
Hift. Tithes, pag. 216.
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گھر
Churle, Ceorle Carl, Was in the Saxon Time a
Tenant at Will, of free Condition, who held fome,
Land of the Thanes, on Conditions of Rents and
Services: Which Ceorles were of two Sorts; one
that hired the Lord's tenementary Eftate, like our
Farmers; the other that tilled and manured the De-
mefnes, (yielding Work and not Rent) and were
thereupon called his Sockmen or Ploughmen. Spelm.
come to Church, and duly atrend the Worship of
God, if Baptifm be negle&ed, Women not church-
ed, Perfons Marrying in prohibited Degrees, or
without Banns or Licence, Alms-houfes or Schools
abufed, Legacies given to pious Ufes, &c. They
muft likewife prefent Crimes and Offences, fuch
as Drunkenness, Fornication, Adultery, Incest,
Blafphemy, and by Statute Popish Recufants:
&c.
And if they refufe to make Prefentments, the Par-
fons or Vicars, c. may prefent to the Bishop all
Crimes committed in their Parithes. Can. 117. 3 Cro.
291. I Ventr. 114. At the End of the Year, the
Church wardens are to yield juft Accounts to the
Minifter and Parishioners, and deliver what re-
mains in their Hands to the Parishioners, or to the
new Church wardens: In Cafe they refufe, they may
be prefented at the next Vifitation, or the new Of
ficers may by Procefs call them to Account before
the Ordinary, or fue them by Writ of Account at
Common Law. And if all the Parish have allowed
their Accounts of the Church Goods, the Ordinary
may nevertheless call them to Account before him
too, and punith them if he find Cauſe; but in lay-
ing out their Money, they are punishable for Fraud
only, not Indifcretion. If their Receipts fall fhort
of their Disbursements, the fucceeding Church-war-it
dens may pay them the Ballance, and place it to
their Account. 1 Rol. Abr. 121. Can. 89, 109, &c. Church-scot, Cuftomary Oblations paid to the
Difputes arifing about Church wardens Accounts, are Parith-Pricft; from which Duty the Religious
to be decided before the Ordinary: And for Diffometimes purchaſed an Exemption for themselves
bursements of any Sum not exceeding 40s, the Church and their Tenants.
wardens Oath alone is a fufficient Proof; but for all
Sums above, Receipts are to be produced, &c. If
Church-wardens through Improvidence, Indifcretion
or Negligence, either wafte the Church Goods in
their Cuftody, or much damnify the Parish; on
Proof thereof, they may be removed at any Time,
by the Authority of the Ordinary. 8 El. 4. 6. 13 Co.
70. Befides their Ordinary Power, the Church-war-
dens have the Care of the Benefice during its Va- Cinque Ports, (Quinque Portus) Are thofe fpe-
cancy; and as ſoon as there is any Avoidance, they cial Havens that lie towards France, and therefore
are to apply to the Chancellor of the Diocefe for have been thought by our Kings to be fuch as ought
a Sequestration; which being granted, they are to to be vigilantly guarded and preferved against In-
manage all the Profits and Expences of the Bene- vafion: In which Refpe&t they have an especial
fice for him that fucceeds, plough and fow his Governor, called Lord Warden of the Cinque Ports,
Glebes, gather in Tithes, thrash out and fell Corn, and divers Privileges granted them, as a peculiar.
repair Houfes, &c. and they muft fee that the Jurifdi&tion; their Warden having not only the Au-
Church be duly ferved by a Curate approved by thority of an Admiral among them, but fending out
the Bishop, whom they are to pay out of the Pro Writs in his own Name, &c. Stat. 32 Hen. S. c. 48.
fits of the Benefice. 2 Inft. 489. And they are to 4 Inft. 222. Camden tells us, that Kent is accoun-
join with the Overfeers of the Poor, in making ted the Key of England; and that William, called
Rates for Relief of the Poor, fetting up Trades for the Conqueror, was the first who made a Conftable of
employing them, placing out poor Apprentices, fet- Dover Caftle, and Warden of the Cinque Ports, which
tling poor Perfons, &c. And in the Execution of he did to bring that Country under a stricter Sub-
their whole Office, by Statutes 43 Eliz. 14 Car. 2. jection to his Government; but King John was the
3 & 4 W. & M. &c. It is their Duty to collect the firft who granted the Privileges to thole Ports, which
Charity Money upon Briefs, which are to be read they still enjoy: However, it was upon Condition
in Churches, and the Sums colle&ted, &c. to be in- that they ſhould provide a certain Number of Ships
dorfed on the Briefs in Words at Length, and figned at their own Charge for forty Days, as often as the
by the Minifter and Church wardens; after which, King fhould have occafion for them in the Wars, he
they ſhall be delivered, with the Money collected to being then under a Neceffity of having a Navy for
the Perfons undertaking them, in a certain Time, paffing into Normandy, to recover that Dukedom
under the Penalty of 201. A Regifter is to be kept which he had loft. And this Service the Barons of
of all Money collected, &c. Alfo the Undertakers in the Cinque Ports acknowledged and peformed, upon
two Months after the Receipts of the Money, and the King's Summons, attending with their Ships the
Notice to Sufferers, are to account before a Ma-Time limited at their proper Cofts, and ſtaying as
fter in Chancery, appointed by the Lord Chancellor.
Stat. 4 Egs
5 Ann. They are to fign Certificates of
receiving the Sacrament by Perfons, to qualify them.
to bear Offices, &c. And in London and within the
Bills of Mortality, they muft fix Fire-Cocks, keep
Engines, &c. in their Parishes, under the Penalty
of 10 For the Maintenance whereof, the Parish
is to be affeffed: And the firft Perfon who brings in
a Parish Engine, or other large Engine with a
Socket, &c. when any Fire happens, fhall be paid
as an Encouragement 30. the Perfon that brings
in the fecond Engine 20 s. and the Third 10s. &c.
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long after as the King pleafed at his own Charge.
Somner of Rom. Ports in Kent. The Cinque Ports, as
we now account them, are Dover, Sandwich, Rum-
ney, Winchelſea and Rye; and to thefe we may add
Hythe and Haftings, which are reckoned as Part or
Members of the Cinque Ports: Though by the firft
Inftitution, it is faid that Win helfea and Rye, were
added as Members, and that the others were the
Cinque Ports; there are alfo feveral other Towns ad-
joining that have the Privileges of the Ports. Theſe
Cinque Ports have certain Franchiſes to hold Pleas,
&c. and the King's Writs do not run there: But
Nn
.on..
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Circumfpefte gatis, Is the Title of a Statute
made inn. 13 Ed. 1. relating to Prohibitions, prefcri-
bing certain Cales to the Judges, wherein the King's
Prohibition lies not. 2 Tr.ft. 487.
Circumftantibus, By-Standers; and fignifies in
our Law the Supply or making up the Number of
Furors, if any impanelled appear not, or appearing
are challenged by either Party, by adding to them
fo many of thofe that are prefent or ftanding by that
are qualified as will ferve the Turn. Stat. 35 H. S.
cap. 6. The Act of Supplying is ufually called a
Tales de Circumftantibus. See Tales.
on a Judgment in any of the King's Courts, if the
Defendant hath no Goods, &c. but in the Ports;
the Plaintiff may get the Record certified into
Chancery, and from thence fent by Mittimus to the
Lord Warden to make Execution. 4 Inft. 223.
3 Leon. 3. The Constable of Dover Caftle, is Lord
Warden of the Cinque Ports. And there are feve-
ral Courts within the Cinque Ports; one before the
faid Conftable, others within the Ports themſelves,
before the Mayors and Jurats; another which is
called Curia quinque Portuum apud Shepway: There
is likewife a Court of Chancery in the Cinque
Ports, to decide Matters of Equity; but no origi- Cítatíon, (Citatio) A Summons to appear, applied
nal Writs iffue thence. 1 Dano. Abr. 793. The Ju- particularly to Procefs in the Spiritual Court. The
rifdiction of the Cinque Ports is general, extending Ecclefiaftical Courts proceed according to the
to Perfonal, Real and Mix'd A&tions: And if any Courfe of the Civil and Canon Laws, by Citation,
crroneous Judgment is given in the Cinque Ports Libel, &c. A Perfon is not generally to be cited
before any of the Mayors and Jurats, Writ of Er to appear out of the Diocefe, or peculiar Jurif
For lics not in B. R. but it shall be redreffed, ac- diction where he lives; unless it be by the Arch-
cording to the Cuftom, by Bill in Nature of a Writ bishop, in Default of the Ordinary; where the Or-
of Error, Coram Domino Cuftode feu Guardiano Quinque dinary is Party to the Suit, in Cafes of Appeal, &c.
Portuum apud Curiam fuam, &c. And in thefe Cafes And by Law a Defendant may be fued where he
the Mayor and Jurats may be fined, and the Mayor lives, though 'tis for fubftracting Tithes in another
removed, &c. 4 Inft. 224. Crompt. Jurifd. 138. It Diocefe, &c. i Nelf. 449. By the Stat. 23 Hen. 8.
has been obferved, that the Cinque Ports are not cap. 9. Every Archbishop may cite any Perfon dwel
Jura Regalia, like Counties Palatine, but are Par- ling in any Bishop's Diocefe within his Province for
cel of the County of Kent: So that if a Writ be Herefy, &c. if the Bishop or other Ordinary con-
brought against one for Land within the Cinque fents, or if the Bishop or Ordinary, or Judge, do
Ports, and he appears and pleads to it, and Judg- not his Duty in punishing the Offence. Where Per-
ment is given against him in the Common Pleas, fons are cited out of their Dioceſe, and live out of
this Judgment fhall bind him; for the Land is not the Jurifdiction of the Bishop, a Prohibition or
exempted out of the County, and the Tenant may Confultation may be granted: But where Perfons
wave the Benefit of his Privilege. Wood's Inft. 519 live in the Diocefe, if when they are cited they
The Cinque Ports cannot award Procefs of Outlaw-do not appear, they are to be excommunicated,
ry. Cro. Eliz. 910. And a Quo Minus lies to the &c. The above Statute was made to maintain the
Cinque Ports. Ibid. 911. If a Man is imprifoned at Jurifdiction of inferior Diocefes; and if any Per-
Dover by the Lord Warden, an Habeas Corpus may on is cited out of the Diocefe, &c. where the Ci-
be iffued; for the Privilege that the King's Writ vil or Canon Law doth not allow it, the Party
lies not there is intended between Party and Party grieved fhall have double Damages. If one de-
and there can be no fuch Privilege against the fame another within the Peculiar of the Archbi-
King; and an Habeas Corpus is a Prerogative Writ, fhop, he may be punished there; altho' he dwell
by which the King commands an Account of the in any remote Place out of the Archbishop's Pecu-
Liberty of the Subjects. Cro. Fac. 543. 1 Nelf. Abr. liar. Godb. 190.
447. Certiorari lies to the Cinque Ports to remove
Indictments; and the Jurifdi&tion that Brev. Dom.
Regis non currit there, is only in Civil Caufes be-ings at Law.
tween Party and Party: But this has been held to
extend only to Indictments before the Mayors, Ba-
rons, c, as Juftices of Peace, on late Statutes, &c.
Cro. Car. 252, 253. 2 Hawk. P. C. 286, 287.
Circa, A Watch; from which Circuitor: Quatuor
Circuitores Monafterii quos alio nomine Circas vocant,
juxta præceptum fancti Benedicti certis boris circuire debent
monafterii officinas.
Circada, A Tribute antiently paid to the Bi-
ſhop or Archdeacon for viſiting the Churches. Du
Frefne.
Citatio ad inftantiam Partis, Is mentioned in
22 & 23 Car. 2. for laying Impofitions on Proceed-
City, (Civitas) By Cowel is a Town Corporate,
which hath a Biſhop and Cathedral Church, which
is called Civitas, Oppidum and Urbs; Civitas in Re-
gard it is governed by Juftice and Order of Magi-
tracy; Oppidum, for that it contains a great Num-
ber of Inhabitants; and Urbs, because it is in due
Form begirt about with Walls. But Crompton in his
Jurifdictions, where he reckons up the Cities, lea-
veth out Ely, altho' it hath a Bishop and Cathedral
Church; and puts in Westminster, though it hath at
prefent no Biſhop: And Sir Edward Coke makes
Circuit, or Circuity of ion, (Circuitus Actionis) Cambridge a City; yet there is no Mention that it
Is a longer Courfe of Proceeding to recover a Thing ever was an Episcopal Sec. Indeed it appears by the
fued for than is needful: As if a Perfon grant a Stat. 35 H. 8, cap. 10. that there was a Biſhop of Weft-
Rent-charge of 10l. per Annum out of his Manor of minfter; fince which, by 27 Eliz. cap. 5. it is termed a
B. and after the Grantee diffeifeth the Grantor of City, or Borough: And notwithſtanding what the Lord
the fame Manor, who brings an Affife, and reco- Coke obferves of Cambridge, by the Stat. 11 H. 7. c. 4.
vers the Land, and 201. Damages; which being Cambridge is called only a Town, Kingdoms have been
paid, the Grantee brings his Action for 101. of his faid to contain as many Cities as they have Sea's of
Rent due during the Time of the Diffeifin, which Archbishops and Bishops: But according to Blunt,
he muſt have had if no Diffeifin had been: This City is a Word which hath obtained fince the Con-
is called Circuity of Action, because as the Grantor queft; for in the Time of the Saxons there were no
was to receive 201. Damages, and pay 101. Rent, Cities, but all great Towns were called Burghs, and even
he might have received but 107. only for Damages, London was then tiled Lunden Burgh; as the Capital of
and the Grantee might have kept the other iol. Scotland is now called Edinburgh. And long after the
in his Hands by Way of Retainer for his Rent, Conqueft the Word City is ufed promifcuously with
and fo faved his Action, which appears to be need-the Burgh, as in the Charter of Leicester 'tis call'd both
lefs. Terms de Ley 128. This Example fhews that
an Action may be rightfully brought for a Debt
or Duty, and yet be wrong; for that it might
have been as well otherwife anſwered and deter
mined.
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Civitas and Burgus; which fhews that thofe Writers
were mistaken, that tell us every City was or is a
Bishop's Sce: And tho the Word City lignifies with
us fuch a Town Corporate as bath ufually a Bishop
and Cathedral Church; yet 'tis not alway fo.
Citizens,
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Citizens, (Cives) Of London, are either Freemen,
or fuch as refide and keep a Family in the City, &c.
and ſome are Citizens and Freemen; and fome are
not, who have not fo great Privileges as the
others: The Citizens of London may preferibe againft
a Statute, becauſe their Liberties are reinforced by
Starute. 1 Roll. Rep. 105.
the ninth contains Matter of Succeffion in Goods,
&c. To thefe Tomes of the Civil Law we may add
the Book of Feuds, which contains the Cuſtoms and
Services that the Subject or Vaffal doth to his Prince
or Lord, for fuch Lands or Fees as he holdeth of
him. The Conftitutions of the Emperor, are either by a
Refcript, which is the Letter of the Emperor in An-
fwer to particular Perfons who enquire the Law of
him; or by Edict, which the Emperor eftablithes of
his own Accord, that it may be generally obferved
by every Subject; or by Decree, which the Empe-
ror pronounces between Plaintiff and Defendant,
upon hearing a particular Caufe. The Power of
iffuing forth Refcripts, Edicts and Decrees, was gi-
ven to the Prince by the Lex Regia, wherein the
People of Rome wholly fubmitted themſelves to the
Government of one Perfon, viz. Julius Cafar, after
the Defeat of Pompey, &c. And by this Submiffion
fteemed above all coercive Power of them. The
Matters wherein the whole Civil Law is generally
exercifed, relate either to Perfons in the Common-
a-wealth; or the Things belonging or not belonging,
to them; or to the Actions whereby Men claim fuch
Things as are due to them by the Law, &c. The
Civil Law is allowed in this Kingdom in the two
Univerfitics, for the training up of Students, c.
In Matters of foreign Treaties between Princes;
marine Affairs Civil and Criminal; in the Ordering
of Martial Caufes; the Judgments of Enfigns and
Arms, Rights of Honour, &c. Vide my Treatife of
Laws, pag. 243, 396.
Civil Lift, To defray the extraordinary Charge
of the Civil Lift, viz. for paying Debts and Arrears
due to his Majesty's Servants, Tradefmen, &c. and
other Ufes of his Civil Government, 1,000,000 7.
was granted by Parliament, by Stat. 11 Geo. I. c. 16.
Vide King's Houfhold.
Clack tool, Is to cut off the Sheep's Mark,
which makes it weigh lighter; as to force Wool, fig-
nifies to clip off the upper and hairy Part thereof;
and to hard it, is to cut the Head and Neck from
the Reft of the Fleece. Stat. 8 Hen. 6. cap. 22.
Civil Law, Is defined to be that Law which
every particular Nation, Common wealth or City,
has established peculiarly for it felf: Fus Civile eft,
quod quifque Populus fibi conftituit. But more ftrictly
the Civil Law is that which the old Romans ufed,
compiled from the Laws of Nature and of Na-
tions. The twelve Tables were alfo the Founda-
tion of this Law; which for its great Wifdom is as
it were the Common Law, or the Foundation of it,
in all well governed Kingdoms, a very few only
excepted; and no other Laws are cfteemed com-
parable to it for its Equity. The Civil Law is ei-the Prince could not only make Laws, but was e-
ther written or unwritten; and the written Law is
Publick or Private: Publick, which immediately re-
gards the State of the Common-wealth, as the
Enacting and Execution of Laws, Confultations
bout War and Peace, Eftablishment of Things re-
lating to Religion, &c. Private, that more im-
mediately has Refpect to the Concerns of every
particular Perfon. The unwritten Law is Cuftom
introduced by the tacit Confent of the People only,
without any particular Eſtabliſhment: The Autho-
rity of it is great, and it is equal with a written
Law, if it be wholly uninterrupted, and of a long
Continuance. The whole Civil Law, is contained in
four Books or Tomes, 1. The Code. 2. The Pandects
or Digefts. 3. The Institutes. 4. The Novels or Authen
ticks. The Code is divided into twelve Books, and
was the first Book of the Civil Law, which the
Emperor Juftinian ordered to be collected: It was
published in the Year 534, and contains the Confti-
tutions, &c. of fifty-fix Emperors, and their wife
Councils. The fift Book of it treats of Religion,
Pricfts, c. Other Books are upon Trade, Mer-
chandize, the Exchequer, &c. The Digeft or Pan-
dects, was collected from the Works and Commen-
taries of the antient Lawyers, fome whereof lived Clades, Clida, Cleta, Cleia, from the Brit. Clie, and
before the coming of our Saviour: This Tome is the Irish Clia, A Wattle or Hurdle; and a Hurdle for
divided into fifty Books; and upon a more particu- penning or folding of Sheep, is ftill in fome Coun-
lar Divifion, the whole Digeft is divided into feventies of England called a Cley. Paroch. Antiq. p. 575-
Parts: The first Part contains the Elements of the
Law, as what is Juftice, Right, c. The fecond
Part treats of Judges and Judgments: The third
Part of perfonal Actions, &c. The fourth Part
of Contracts, Pawns and Pledges: The fifth Part,
of Wills, Teftaments, &c. The fixth Part, of the
Poffeffion of Goods: The feventh Part of Obliga.
tions, Crimes, Punishments, &c. The Inftitutes, con-
tain a Syftem of the whole Body of Law, and are
an Epitome of the Digeft divided into four Books;
but fometimes they correct the Digeft: They are
called Inftitutes, becauſe they are of Inftruction,
and fhew an eaſy Way to the obtaining a Knowledge
of the Civil Law: But they are not fo diftinct and
comprehenfive as they might be, nor fo uſeful at
this Time as they were at firft. The Novels or Au-
thenticks were publifhed at feveral Times without
any Method: They are termed Novels as they are
new Laws, and Authenticks, being authentically
tranflated from the Greek into the Latin Tongue;
and the whole Volume is divided into nine Colla-wife would be in Danger of being loft. Co. Litt. 250.
tions, Conſtitutions or Sections, and they again into
168 Novels, which alfo are diftributed into certain
Chapters: The firſt Collation relates to Heirs, Ex-
ecutors, &c. The fecond, the State of the Church,
The third is against Bawds: The fourth concerns
Marriages, &c. The fifth forbids the Alienation
of the Poffeffions of the Church: The fixth fhews
the Legitimacy of Children, c. The ſeventh de-
termines who fhall be Wineffes: The eighth or-
dains Wills to be good, though imperfect, &c. And
Claretum, A Liquor made of Wine and Honey,
clarified or made clear by Decoction, &c. which
the Germans, French and English, called Hippocras:
And it was from this, the Red Wines of France were.
called Claret. Ad hæc etiam in tanta abundantia
vinum hic videas, & ficeram, Pigmentum, Claretum
muftum & medonem. Girald. Camb. apud Wharton.
Ang. Sax. Par. 2. p. 480.
Claim, (Clameum) Is a Challenge of Intereft in
any Thing that is in the Poffeffion of another, or
at leaft out of a Man's own, as Claim by Charter,
by Difcent, &c. And Claim is either verbal, where
one doth by Words claim and challenge the Thing
that is fo out of his Poffeffion; or it is by an Action
brought, &c. and fometimes it relates to Lands,
and fometimes to Goods and Chattels. Litt. Sect. 420.
Where any Thing is wrongfully detained from a
Perfon, this Claim is to be made; and the Party
making it, may thereby avoid Defcents of Lands,
Diffeifins, &c. and preferve his Title, which other-
A Man which hath prefent Right or Title to enter,
muſt make a Claim; and in Cafe of Reverfions, &c,
one may make a Claim where he hath Right, but
cannot enter on the Lands: When a Perfon dares
not make an Entry on Land, for Fear of being
beaten or other Injury, he may approach as near
as he can to the Land, and claim the fame; and it
fhall be fufficient to veft the Seifin in hìm. 1 Inft. 25.
If nothing, doth hinder a Man having Right to
Land, from entering or making his Claim; there
he
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referred to twelve Perfons, whom they call Claves
Infula, i. e. the Keys of the land.
Clabia. In the Inquifition of Serjeanties in the
12th and 13th Years of King John, within the Coun-
ties of Effex and Hertford; Boydin Aylet tenet quatuor
lib. terre in Bradwell, per manum Willielmi de Dono
per Serjeantiam Clavia, viz. By the Serjeanty of the
Club or Macc. Brady's Append. Introduct. to Eng.
Hift. 22.
Clabigeratus, A Treafurer of a Church.
Aliter Willielmus Wallingford Clavigeratus. Mon.
Angl. Tom. 1. p. 184
Claufura, Brufhwood for Hedges and Fences.
King Henry 3. gave to the Prior and Canons of
Chetwode, quinque carucatas Claufturæ ad prædi&a terra
Claufturam fuftinendam. Paroch. Antiq. 247.
he muſt do fo, before he fhall be faid to be in Pof
feffion of it, or can grant it over to another: But
where the Party who hath Right, is in Poffeffion
already, and where an En ry or Claim cannot be made,
it is otherwife. 1 Rep. 157. A Claim will deveft an
Eftate out of another when the Party muft enter
into fome Part of the Land; but if it be only to
bring him into. Poffeffion, he may do it in View.
By Claim of Lands in moft Cafes is intended a
Claim with an Entry into Part of the Land, or by
a near Approach to it. Co. Litt. 252, 254. Popb. 67.
One in Reverſion after an Eſtate for Years, or af-
ter a Statute-Merchant, S'aple, or Elegit, may en- Claufe Rolis, (Rotuli Claufi) Contain all fuch
ter and make a Claim to prevent a Defcent, or a-Matters of Record as were committed to cloſe
void a collateral Warranty. And Claim of a Re-Writs: Thefe, Roils are preferved in the Tower.
mainder by Force of a Condition must be upon the
Land, or it will not be fufficient. Co. Litt. 202. If a
Man feifed of Lands in Right of his Wife, make a
Feoffment in Fee on Condition, and the Husband
dieth, and then the Condition is broken, and the Claufum fregit, Signifies in our Law as much
Heir enters; in this Cafe the Wife need not claim as Action of Trefpafs; and it is a Writ fo called,
to get Poffeffion of her Eftate, for the Law doth because the Defendant is fummoned thereby to an-
veft it in her without any Claim. Co. Litt. 202. 8 Rep. fwer Quare Claufum fregit of the Plaintiff, that is
43. The Claim of the particular Tenant, fhall be why he did fuch a Trefpafs. It is the Courfe of
good for him in Reverſion or Remainder; and of the Common Pleas, to declare in Actions (efpeci-
him in Reverſion, &c. for particular Tenant: So ally upon an Affumpfit or the like) upon a Quare
Claim of a Copyholder, will be good for the Lord, Claufum fregit, as they do on a Latitat in the King's
c. But if Tenant for Years, in a Court of Re Bench. 2 Vent. 192, 259. But by the Lord Claren-
cord claim the Fee of his Land, it is a Forfeiture don's Orders in Chancery, Curfitors of that Court
of his Eſtate Plowd. 359. Co. Litt. 251. A Claim are not to make Writs of Claufum fregit, &c. in
may be made by the Party himself; and fometimes London, without fpecial Warrant from the Lord
by his Servant or Deputy: And a Guardian in So- Chancellor, or Mafter of the Rolls, unless it ap-
cage, &c. may make a Claim or enter in the Name pear by Affidavit that the fame is the proper Caufe
of the Infant that hath Right, without any Com-of Action, &c. In C. B. a Pone in Trefpafs, (and
mandment. Co. Litt. 245. Claim or Entry fhould be here the Proceedings are by Precipe or Pone) accord-
made as foon as may be; and by the Common Law ing to the ancient Courſe; is made out thus: Wilts,
it is to be within a Year and a Day after theff. Si A. B. fec. &c. tunc Pone C. D. nuper de, &c.
Diffeifin, &c. and if the Party who hath unjuftly de Placito quare Vi Armis Claufum Domum ip-
gained the Eftate, do afterwards occupy the Land,fius A. fregit & alia enormia ei intulit,
in fome Cafes an Affife, Trefpafs, or Forcible En
try may be had against him. Lit. Sect. 426, 430.
If a Fine is levied of Lands, Strangers to it are to
enter and make a Claim within five Years, or be
barred: Infants after their Age, Feme Coverts. af
ter the Death of their Husbands, &c. have the like
Time, by Star. 1 R. 3. cap. 7. If a Diffeifor levy a Fine,
and the Diffeifee enters his Claim in the Record of
the Foot of the Fine, this is not fuch a Claim as
fhall avoid the Statute. 4 Hen. 7. cap. 24. 1 Lill. Abr.
270. See the Stat. 45 Ann. and Continual Claim.
Claim of Liberty, Is a Suit or Petition to the
King in the Court of Exchequer, to have Liberties
and Franchiſes confirmed there by the King's At
torney General. Co. Ent. 93.
Clámiea admittenda in tinere per. Attoznatum,
A Writ by which the King commands the Juftices
in Eyre to admit a Perfon's Claim by Attorney
who is employed in the King's Service, and cannot
come in his own Perfon. Reg. Orig. 19.
--
Ad
grave
Dampn. iffius A. Et contra pacem, &c. This is de-
livered to the Filizer of the County to draw our
the Capias, &c. And Debt may be added to it, viz.
Pone, &c. C. D. nuper de, &c. in Com. tuo Claufum
freg. apud, &c. Ac etiam in Debito pro 501. &c.
1
Claufum Pafchæ, Stat. Westm. 1. In Craftino Claufi
Pafcha, or In Craftino Octabis Pafche, which is all one,
that is the Morrow of the Utas of Easter. 2 Inft.
157. Claufum Pafchæ, i. e. Dominica in Albis; fic
dictum, quod Pafcha Claudat. Blount.
Claufura Heye, The Enclosure of a Hedge.
Johannes Stanley Ar clamat quod ipfe & baredes fui
funt quieti de Claufura Heyè de Macclesfield, ſcil.
Claufura unius Rode terre circiter Hayam prædi&t. Rot.
Plac. in Itinere apud Ceftriam, ann. 14 H. 7.
Ctawa, A Clofe, or fmall Meafure of Land.
Unam Clawam terre cum pertinentiis. Mon. Angl.
Tom. 2. pag. 250.
Cleptoz. This Word is taken for a Rogue or
Thief. Hoveden Anno 946.
Clap-board, Is Board cut in order to make Casks or Clergy, (Clerus) Signifies the Affembly or Body of
Veffels; which fhall contain three Foot and two In- Clerks, or Ecclefiafticks, being taken for the whole
ches at least in Length: And for every fix Ton of Number of thoſe who are De Clero Domini, of our
Beer exported, the fame Cask, or as good, or 200 of Lord's Lot or Share, as the Tribe of Levi was in Fu-
Clap-boards fhall be imported, by Statute 35 El. c. 11. dea; and are feparate from the Noife and Buftle of
Clarigaríus Armozum, An Herald at Arms. Blount. the World, that they may have Leifure to spend their
Clarío, A Trumpet. Statimque clangebant Cla-Time in heavenly Meditation and Prayer. And
riones & Tube. Knighton, Anno 1346.
Clafiarius, A Seaman, or Soldier ferving at Sea.
Omnefque ejus Capitaneos, Milites & Claffiarios,
c. Chart. Carol. 5. Imperator. Thome Comit.
Surr. dat. in Urbe Londinenfi, 8 Junii 1522.
Claud, (Brit.) A Ditch: Claudere, to enclofe, or
urn open Fields into Inclofures. Dedi conceffi
&
totam culturam ad Claudendum & faciendum quicquid
inde dictis Canonicis placuerit. Paroch. Antiq. 236.
Claves Infulæ, Is a Term ufed in the Isle of
Man, where all ambiguous and weighty Cafes are
fometimes Clergy is ufed for a Plea to an Indictment
of Felony, &c. being an antient Privilege of the
Church, where a Pricft or one in Orders is ar-
raigned of Felony, before a fecular Judge, who
may pray his Clergy; which is as much as if he
prayed to be delivered to his Ordinary, to purge
himself of the Offence objected against him. Staundf.
P. C. lib. 2. cap. 41. Antiently the Clergy frongly
infifted that by the Law of God their Perfons
were fo facred that they could not, without a Vio-
lation of that Law, be convened before, and much
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Charge of a War, and to Mufters of the Militia:
Their Bodies are not to be taken upon Statutes Mer
chant or Staple, &c. for the Writ to take the Body
of the Conufor is Si laicus fit; and if the Sheriff or
any other Officer arreft a Clergyman upon any ſuch
Procefs, it is faid an Action of falle Imprisonment
lies against him that does it, or the Clergyman at-
refted may have a Superfedeas out of the Chancery.
In Action of Trefpafs, Account, &c. against a Per-
fon in Holy Orders, wherein Procefs of Capias lies,
if the Sheriff return that the Defendant is Clericus
Beneficiatus nullum habens Laicum feodum ubi Summo-
lefs be punished by any fecular Judge; but it hath
been observed that this is not warranted by Scrip-
ture: Though all Perfons in Holy Orders have
this Privilege from the Canon Law. Hawk. P. C.
337. It is faid by the Lord Chief Justice Hale,
that anciently Princes converted to Chriftianity, in
Favour of the Clergy, and for encouraging them in
their Offices and Imployments, did grant to them
very bountiful Privileges; as ift, an Exemption of
Places confecrated to religious Duties from Arrefts
for Crimes, which was the Original of Sanctuaries.
zdly, The Exemption of their Perfons from crimi-
nal Proceedings, in fome Cafes capital before fecu-neri poteft; in this Cafe the Plaintiff cannot have a
lar Judges; and this was the true Original of the Capias to arreft his Body; but the Writ ought to
Privilegium Clericale: The Clergy increafing in Wealth, iffue to the Bishop, to compel him to appear, i.
Power and Intereft afterwards fet up for themfelves; But on Execution had against fuch Clergyman, a Sc-
and that, which they obtained by the Favour of queftration fhall be had of the Profits of his Bene-
Princes and States at firft, they now began to claim fice. Clergymen may not be arreſted in the Church,
as their Right, and that of the higheft Nature Jure or Church-yard, while attending on Divine Service,
Divino; and by their Canons and Conftitutions, pro- &c. upon Pain of Imprisonment, and Ranfom at the
cured vaft Extenfions of thofe Exemptions. 2 Hale's King's Plea fure, and likewife to make Agreement
Hift. P. C. 323. As to the Clergy in general, they with the Party; And he that beats a Clergyman, may
are Regular or Secular: Thofe are Regular, which be obliged to do Penance in the Spititual Court. But
live under certain Rules, being of fome Religious thefe are all the Privileges remaining on Civil Ac
Order, and are called Men of Religion, or the Reli- counts: Though by the Common Law, they were to be
gious: Such as all Abbots, Priors, Monks, &c. free from the Payment of Tolls, in all Fairs and Mar-
The Secular are thofe that live not under any cer- kets, as well for all the Goods gotten upon their
tain Rules of the Religious Orders; as Bifhops, Church Livings, as for all Goods and Merchandizes
Deans, Parfons, Vicars, &c. And altho' the Clergy by them bought to be spent upon their Rectories;
claimed an Exemption from all fecular Jurifdi&tion, and they had feveral other Exemptions, &c. Thefe
yet Mat. Paris tells us, that foon after William the Privileges, for the most part, have been allowed the
First had conquered Harold, he fubje&ted the Bi- Clergy, that they might with the more Freedom at-
fhopricks and Abbeys who held per Baroniam, that tend the Service of God and Religion, and be re-
they ſhould be no longer free from military Service; fpected as they ought; and therefore they are not
and for that Purpofe he in an arbitrary Manner re-to undertake any fecular Bufinefs, by which they
giftred how many Soldiers every Bishoprick and
Abbey fhould provide, and fend to him and his
Succeffors in Time of War; and having placed
thefe Registers of Ecclefiaftical Servitude in his
Treafury, thoſe who were aggrieved, departed out of
the Realm: But the Clergy were not, till then, ex-
empted from all fecular Service; becaufe by the
Laws of King Edgar they were bound to obey the
fecular Magiftrate in three Cafes, viz. Upon any
Expedition to the Wars, and to contribute to the Build-
ing and Repairing of Bridges, and of Castles for the
Defence of the Kingdom. "Tis probable that by
Expedition to the Wars, it was not at that Time in-
tended they ſhould perfonally ferve, but contribute
towards the Charge: One they muft do; as appears Benefit of Clergy, I have already faid is an ancient
by the Petition to the King, Anno 1267, viz. Ut Privilege, where one in Orders claimed to be de-
omnes Clerici tenentes per Baroniam vel feudum laicum,livered to his Ordinary to purge himſelf of a Fe-
perfonaliter armati procederent contra Regios Adverfarios, lony. And this Purgation was to be by his own
vel tantum fervitium in Expeditione Regis invenirent, Oath affirming his Innocency, and the Oaths of
quantum pertineret ad tantam terram vel Tenementum. twelve Compurgators as to their Belief of it, before
But their Anſwer was, That they ought not to fight a Jury of twelve Clerks: If the Clerk failed in his
with the Military, but with the Spiritual Sword, Purgation, he was deprived of his Character,
that is with Prayers and Tears; that they were to whereby he became a mere Layman, or he was to
maintain Peace and not War, and that their Baro- be kept in Prifon till a Pardon was obtained: Bur
nies were founded in Charity; for which Reaſon if he purged himſelf, he was fet at Liberty. Some-
they ought not to perform any Military Service. times the Delivery to the Ordinary was without
Blount. That the Clergy had greater Privileges and Purgation, as upon Attainder by Confeffion of the
Exemptions at Common Law than the Laity is cer- Felony, or by Verdict, where the Felony was noto-
tain; for they are confirmed to them by Magna rious, and then the Clerk was to be degraded, or
Charta, and other ancient Statutes; but thefe Pri- kept in Prifon by the Ordinary, &c. though in
vileges are in a great Meafure loft, the Clergy being thefe Cafes the Ordinaries would frequently proceed
included under general Words in later Statutes; to Purgation. But Purgation is now taken away by
fo that Clergymen are liable to all publick Charges Stat. 18 Eliz. cap. 7. which enacts that where an
impoſed by A&t of Parliament, where they are not Offender is admitted to his Clergy, after Burning in
particularly excepted. Indeed they are not at this the Hand, he fhall not be delivered to the Ordina-
Day to undergo temporal Offices, as the Office of ry, but fhall be enlarged by the Court, &c. And
Sheriff, Conftable, E. (though they are fometimes the Benefit of Clergy, and Burning in the Hand,
in the Commiffion of the Peace, in which Commif- comes in the Place of Purgation at Common Law.
fion they may either a&t as Juftices, or not act at In ancient Times in the King's Courts where Felo-
their Pleaſure) nor are they to ferve on Juries, ornies were determined, the Bifhop or his Deputy
obliged to appear at Turns and Leets; or to be
preffed to ferve in the Wars in Perfon, although by
Statutes they are compellable to contribute to the
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may be diverted from their Duty, or be brought
into Contempt. They are ufed like other Men in
criminal Cales; except as to Burning in the Hand
for Felony, from which upon producing of their
Orders, or the Ordinary's Certificate, they ought
to be freed: And tho' they have had the Privilege
of the Clergy for a Felony, yet they may again have
their Clergy, and fo cannot a Layman. But fee Stat
28 H. 8. c. 1. In ancient Times Clergymen convicted
of Crimes, were delivered over to the Ordinary, to
be punished by the Ecclefiaftical Laws; but this
Privilege is long fince abolished, nor was it ever
allowed in Treafon or Sacrilege. Wood's Inft. 24.
Parfon's Counc. 145, &c. 2 Inft. 4, 58, &c.
were to attend to inform the Court whether the Fe-
lon could read as a Clerk or not; but the Court
was ftill to judge of his Sufficiency. Since the Stat.
18 Eliz.
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18 Eliz. Every Man to whom Benefit of Clergy was a Clerk; fo neither is there any that the Prifoner
granted, hath been put to read at the Bar after himself fhould demand it, where it fufficiently ap-
found guilty, and convicted of Felony, and fo burnt pears to the Court that he hath a Right to it, in
in the Hand, and fet free for the first Time, if the Refpect of his being in Orders, &c. In which Cafe;
Ordinary's Commiffioner or Deputy ftanding by did if the Prifoner does not demand it, it is left to the
fay,
Legit ut Clericus; or otherwife he was to be Difcretion of the Judge, either to allow, or not al-
hanged. But Reading at laft, as well as Purgation, low it him. 2 Hawk. P. C. 359. Thofe who demand
is wholly laid afide; for by the 5 Ann. c. 6. if any the Benefit of Clergy, are to plead, and put them-
Perfon convict of fuch Felony, for which he ought felves upon Trial; but after a Clerk hath put him-
to have the Benefit of the Clergy, doth pray the Bene-felf upon Trial, and the Inqueft are charged with
fit of this Act, he fhall not be required to read, but him, fome Writers tell us, that he may, if he de-
fhall be punished as a Clerk convict. A Lord of fire it, be admitted to his Clergy before the Jury
Parliament hall have the Benefit of his Clergy, tho' come back; and fhall not forfeit his Goods, unless
he cannot read, and without Burning in the Hand, they find him guilty. Ibid. 358. This Claim of
for the firft Time only; and the King may pardon Clergy might formerly be made on Arraignment, or
the Burning of the Hand in others, which is not fo as foon as the Prifoner was brought to the Bar: Af
much in Nature of a Punishment, as a Mark to noterwards it could not be claimed till after Convic
tify that the Perfon may have his Clergy but once. tion, becaufe it is for the Advantage of the King as
The Privilege of Clergy is faid to have its beginning to the Forfeiture of the Lands and Goods of the Cri-
from an Encroachment of the Pope upon the tempo- minal Convi&t, and for the Advantage of the Party
ral Power, in Behalf of the Clergy, whom he endca-himfelf to make his Challenges to the Inqueft; and
voured to exempt from the Jurifdi&tion of lay Judges perhaps he may be acquitted, and then he will not
in Cafe of Life and Member; which the tempo- need this Privilege. 2 Inft. 164, 633. At Common
ral Courts would not yield to, but only in Part: Law, if the Party had not demanded his Clergy bc-
And first they would indi& Clerks for Felony, as fore Conviction, he loft it: But in the Time of H.
well as others, and proceed thereon until the Ordi- 6. an Alteration was made in the Method of allow-
nary did demand them; and if the Ordinary would ing Clergy, viz. That the Party indicted or appeal-
not demand them, the King's Courts proceeded to ed, was to answer to the Felony, and after Convic-
Conviction, Attainder and Execution; and if the tion, upon his Demand the Judge to allow him his
Ordinary did claim Clerks before Conviction, then Clergy; which Courfe has been ever fince obſerved.
an Inquifition was taken, whether the Party was Kel. 100. Clergy may be demanded after Judgment
guilty or not; and if acquitted, he was diſcharged; given against a Perfon, whether of Death, &c. And
but if found guilty, then delivered to the Ordinary, even under the Gallows, if there be a proper Judge
&c. The Privilege fo reftrained was confirmed and there who has Power to allow it. 2 Hawk. 357. Cler-
eftablished by the Statute of Weftm. 1. cap. 2. and gy is never allow'd by the Civil Law; fo that Pi-
allowed by divers other Acts of Parliament: And rates, &c. fhall not have Clergy. 1 Nelf. Abr. 449.
tho' originally the Clergy never intended that any The Common Law did not deny Clergy but in certain
fhould have that Privilege, but thofe who were in Cafes; as in High Treafon, or Sacrilege; where a
Holy Orders; yet afterwards they extended it to Perfon was convict of Herefy; was a Turk, Few, or
thoſe who were not ftri&tly in Orders, but were Af Infidel, c. Alfo Women were not allow'd it; but
fiftants to them in doing Divine Offices. And as to this is alter'd by Stat. 3 W. & M. By Statutes,
Laymen being admitted to this Privilege, it hath been Clergy is denied in a great many Felonies; though it
obferved that in thofe Days few were bred to Lite- is allowed in all Cafes where not exprefly taken a-
rature, but thofe who were actually in Orders, or way. And where Clergy is taken away exprefly by
educated for that Purpoſe; and therefore the Way any Statute, the Offence must be laid in the Indict-
of Trial whether one was a Clerk or no, was by ment to be against that very Statute, and the Words
reading, of which the Court was judge; for if he of it, or the Offender fhall have his Clergy. Kel. 104.
could not read, the Court would not deliver him as
a Clerk, though the Ordinary did claim him; and
if he did read, he fhould be allowed as a Clerk, tho'
the Ordinary refufed him: And Reading being the
Way of Trial, whether a Man were a Clerk or not,
without further Examination into any other Qua-
lification, by an equitable Conftruction of the Sta-
tutes that cftablished and extended this Privilege,
all Perfons that fo approved themſelves by Reading,
were allowed to be Clerks. Linwood 92, 100. Kel.
180. It appears by our Books that Laymen that
could read ever had the Privilege of Clergy fince the
25 Ed 3. which Allowance never was condemned in
Parliament, or complained of as a Grievance, but
rather approved of: And by the 18 Eliz. all Per-
fons as well Lay as Spiritual, have a Right to the
Benefit of that Statute, for the first Offence, in the
fame Manner as Clergymen. Ibid. Though it was
anciently the ufual Method for the Ordinary to de-
mand the Criminal as his Clerk, before the Court
allowed him the Benefit of his Clergy; yet there was
no Neceffity for fuch Demand, but the Court might
without it admit a Perfon to the Benefit of Clergy, on
fufficient Evidence of his being a Clerk, as upon
producing Letters of Orders, or reading as a Clerk,
c. except he appeared to have been guilty of Sa-
crilege, or of breaking of Priſon of the Ordinary,
in which Cafes it is faid to have been at the Difere-
tion of the Ordinary, whether he ſhould have his
Clergy or not: And as there is no Neceffity that the
Qrdinary fhould deinand the Benefit of the Clergy for
5.
H. P. C. 231.
Ta-
Clergy is taken away by. Statutes, in the following
Cafes; where Perfons are convicted of Petit Trea-
fon, Murder, Robbing of Churches, Dwelling-Hou-
fes, or burning of Dwelling-Houfes, Barns, &c.
23 H. 8. c. 1. 1 Ed. 6. &c. Alfo from Acceffories
to thefe Crimes. 4 & 5 P. & M. Perſons. guilty
of Buggery. 25 H. 8. c. 6. Of Horfe ftealing.
1 Ed. 6. Robbing in Tents or Booths, in Fairs or
Markets. 5 & 6 Ed. 6. Forging of falfe Deeds or
Writings, the fecond Offence. 5 Eliz. 14.
king of Money or Goods privately from the Perfon
of another, without his Knowledge: And if any ad-
mitted to Clergy, hath before committed any other
Offence where Clergy is not allowed, he may be tried
for fuch Offence, as though there were no Admiffion
of Clergy. S El. c. 4. Rapes of Women: And Steal-
ing of them having Lands, &c. or being Heirs ap-
parent. 18 El. cap. 7. 39 Eliz. cap. 9. Stabbing any
Perfon, if he die of the Wound within fix Months.
I Fac. I. c. 8. Acknowledging any Fine, Reco-
very, Deed inrolled, Statute or Recognizance,
Bail or Judgment in the Name of another, not privy
and confenting. 21 Fac. I. c. 26. Concealing the
Death of a Baftard Child, whether born alive or
not. 21 Fac. 1. cap. 27. Cutting, taking, and ſteal-
ing away Cloth from the Rack or Tenters, in the
Night-Time; and purloining or embezilling Armor,
Ordnance, or Habiliments of War, Naval Stores,
to the Value of 205. but the Judges may caufe
fuch Offenders to be tranfported. 22 Car. 2. c. 5.
Cutting
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Cutting out, or difabling the Tongue, putting out fhall remove, conceal, or imbezil any Goods
an Eyc, flitting or cutting off a Nofe or Lip, or whereof he or any Perfon in Truft for him was pof-
cutting off any Limb or Member, with a malicious feffed or intitled to at the Time of the Bankruptcy,
Intent to maim or disfigure. 22 & 23 Car. 2. c. 1 to the Value of 20l. or any Books of Account,
Perfons who fhall rob any Dwelling-Houfe in the Bonds, Bills, Notes, Papers, c. relating thereto.
Day-time, any Perfon being therein, or fhall abet,5 Geo. 1. cap. 14. Forging, Counterfeiting or Al-
or command any one in fuch Robbery; or breaktering any Receipt, or Warrant, &c. of the South-
any Dwelling Houfe, Shop or Ware-houfe there- Sea Company upon Subfcriptions for enlarging their
unto belonging, in the Day time, and felonioufly Stock. 6 Geo. I. cap. 11. Forging any Lottery Ticket
take away any Money or Goods, to the Value of 55. or Certificate, &c. 8 Geo. I. cap. 2. Forging or
although no Perfon be therein, &c. 3 & 4 W. & M. Counterfeiting any Letter of Attorney to transfer or
c. 9. If any Perfon indicted of an Offence for which affign any capital Stock of any Body Politick or
he would be excluded Clergy, fhall ftand mute, not Corporate, eftablished by Parliament; or to receive
anfwer directly, or challenge peremptorily above any Annuity, c. And Forging the Name of any
20 Jurors, or fhall be outlawed on the Indictment. Proprietor; or fraudulently demanding to have any
Stat. Ibid. And where any Perfon hath once had Stock transferred, by Virtue of any forged Letter
the Benefit of Clergy, the Certificate of the Clerk of of Attorney. 8 Geo. 1. cap. 22. If any Mafter of a
the Crown, Clerk of the Peace, or of the Affifes, Ship, &c. fhall trade with any Pirate, or furnish
fhall be a fufficient Proof. Ibi. Forging or Coun- him with Stores, Ammunition, &c. or fhall com-
terfeiting the Seal of the Bank of England, or any bine or confederate with Pirates: Or if any Perfon
Bank Bills. 7 & 8 W. 3. c. 31. Perfons that by belonging to any Ship, forcibly board any other
Night or Day, in any Shop, Warehoufe, Coach- Ship or Veffel, and throw over Board, or deſtroy
houfe or Stable, privately fteal any Goods or Mer any of the Goods, &c. S Geo. I. c. 24. Perfons go-
chandizes of the Value of 5s. although the Shoping abroad armed, in Masks and Difguifes, robbing
be not broke, &c. 10 & 11 W. 3. c. 23. Setting
forth Pirates, affifting or advifing any Piracy; and
receiving, entertaining or concealing fuch Pirate,
or Veffels, Goods, c. piratically taken, 11 & 12
W. 3. cap. 7. If any Mafter or Mariner fhall caft
away, burn or destroy any Ship; Or if any Perfon
fhall make a Hole in the Bottom of a Ship, fteal
any Pump, or do any Thing which tends to the
Lofs of the Ship. 1 Ann. c. 9. 12 Ann. c. 18. Where
a Perfon convicted of Theft, fhall have Benefit of
Clergy, and be burnt in the Hand; the Court may
commit the Offender to the House of Correction for
any Time not under fix Months, or above a Year,
there to be kept at hard Labour. 5 Ann, c. 6. Counter-
feiting Exchequer-Bills, or any Indorfement, &c. or
tendring any fuch counterfeit Bill, or demanding the
fame to be exchanged for Money knowing thereof.
Perfons maliciously pulling down, and
7 Ann. c. 17. Unlawfully attempting to kill, or af
faulting and ftriking, or wounding any one of the otherwife deftroying any Turnpike Gate, Pofts,
Privy Council, in the Execution of his Office. Rails, &c. or any Houfe there erected; or refcu-
9 Ann. e. 16. Forging the common Seal of the ing fuch Offenders. 8 Geo. 2. c. 20. Subjects of the
South Sea Company; or forging or counterfeiting Crown of Great Britain, in this Kingdom or Ireland,
any Bond under the Seal of the faid Company, or or without the fame, inlifting as Soldiers to go be-
offering to difpofe of any counterfeited Bond know-yond Sea, and ferve any foreign Prince, without
ingly. 9 Ann. cap. 21. Forging or Counterfeiting any his Majefty's Leave, and not diſcovering by whom
Perfons fetting on
Stamp or Mark on Vellum, Paper, &c. to defraud inlifted, &c. 9 Geo. 2. c. 30.
the Crown of her Duty, or uttering Parchment, fire any Mine, or Pit of Coal, maliciouſly, upon
c. with fuch counterfeit Stamp. 10 Ann. cap. 19. Conviction. 10 Geo. 2. c. 32. And Perfons that drive
Forging or Counterfeiting any Lottery Order, or away, fteal or kill any Sheep, or Cattle, with In-
Altering the Number, or Sum of fuch Order. 12 Ann,tention of ftealing their Carcaffes, or Part thereof;
2. Servants ftealing or purloining Goods, cc. 14 Geo. 2. cap. 6. In all these Inftances, Clergy
of 40s. Valuc from their Mafters: But this is not is taken away. Vide the Statutes.
C.
-
.
Forefts, Parks, c. killing or wounding Cattle,
fhooting at any Perfons, or fending threatening
Letters to Perfons, demanding Money, &c. 9 Geo. 1.
c. 22. Forging or Counterfeiting any Deed, will,
Bond, Bill, Note, Acquittance, or uttering or
publifhing, knowing them to be falfe. 2 Geo. 2. c. 25
Stealing of Linen or Cotron, &c. by Day or Night,
from whitening Grounds, or drying Houfes, &c. to
the Value of ios. 4 Geo. 2. c. 16. Perfons malici-
oufly cutting any Hop-binds growing on Poles, in
any Plantation of Hops. 6 Geo. 2. c. 37. Forging
the Acceptance of any Bill of Exchange; or the
Number, or principal Sum of an accountable Re-
ceipt for any Note, Bill, Warrant or Order, for
Payment of Money, or Delivery of Goods, with In-
tent to defraud; or uttering as true any counter-
feited Acceptance of a Bill of Exchange, &c. 7 Geo.
2. c. 22.
to extend to Apprentices under 15 Years of Age, Clerico admittendo, Is a Writ directed to the
who fhall rob their Mafters. 12 Ann. c. 7. If any Bifhop, for admitting a Clerk to a Benefice, upon a
Perfons to the Number of twelve, unlawfully and Ne admittas tried and found for the Party that pro-
riotoufly affembled to the Disturbance of the Peace,cures the Writ. Reg. Orig. 31. If a Parfon recover
required by a Juftice of Peace, Mayor, &c. by a Benefice, the Patron may have this Writ to the
Proclamation to difperfe, continue together an Bishop, tho' the fix Months are past, if the Church
Hour after; or if they obftru&t fuch Proclamation, is void, &c. And this ancient Writ begins thus:
and then continue an Hour after the fame. 1 Geo. 1. Rex venerabili in Chrifto Patri, &c. Cum A. B. de, &c.
c. 5. Soldiers inlifted in his Majeſty's Service, exci in Curia noftra Recuperafet verfus nos Præfentationem fu-
ting or joining in any Mutiny or Sedition, or defertam ad vicariam de, &c. vobis Mandamus quod ad Pre-
ing the Service, &c. 3 Geo. I. c. 2. If any Perfon fentat. ipfius A. B. ad vicariam idoneam Perfonam ad-
fhall be convicted of Grand or Petit Larceny, who mittatis, &c.
by Law would be intitled to Clergy, (except Perfons
receiving or buying ſtolen Goods) the Court instead
of ordering the Offender to be burnt in the Hand
or Whipt, may order him to be ſent to the Planta-
tions for feven Years, &c. 4 Geo. I. c. 11. Where
any Perfon fhall take any Money or Reward for
helping another to ftolen Goods, unlefs he caufe the
Felon to be apprehended, and brought to his Trial,
and give Evidence against him. Ibid. If any one
who fhall become a Bankrupt, of any by his Order,
Clerico infra facros D¿dines conftituto, non E-
ligendo in Dfficium, Is a Writ directed to thofe
who have thruft a Bailiwick, or other Office upon
one in Holy Orders, charging them to releaſe him.
Reg. Orig. 143.
Clerico capto per Statutum Mercatorum, &c.
A Writ for the Delivery of a Clerk out of Priſon,
who is taken and imprifoned upon the Breach of á
Statute Merchant. Reg. Orig. 147.
Clerico
A
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Clerico convião commiffo Gagle in defectu Didi
narii deliberando, Is an ancient Writ that lay for
the Delivery of a Clerk to his Ordinary, that was for-
merly convicted of Felony, by Reafon his Ordinary
did not challenge him according to the Privileges of
Clerks. Reg. Orig, 69.
|
their Writs of Affaciation, &c. Alfo all General
Pardons, at the King's Coronation; or in Parlia-
ment, where he fits in the Lords Houfe in Parlia-
ment Time; and into whofe Office the Writs of
Parliament, with the Names of Knights and Bur-
geffes elected thereupon, are to be returned and fi-
Clerk, (Clericus) In the most general Significa-led. He hath likewife the Making our of all ſpecial
tion, is one that belongs to the Holy Miniftry of Pardons; and Writs of Execution upon Bonds of
the Church; under which, where the Canon Law Statute-Staple forfeited, which was annexed to his
hath full Power, are not only comprehended Sacer- Office in the Reign of Queen Mary, in Confidera-
dotes, and Diaconi, but allo Subdiaconi, Lectores, Aco- tion of his chargeable Attendance.
lyti, Exorcista and Oftiarii: But the Word has been
anciently uſed for a Secular Priest; in Oppofition to
a Religious or Regular. Parech Antiq. 171. And is
faid to be properly a Minifter or Prieft, one who is
more peculiarly called in fortem Domini. Blount.
Clerk, In another Senfe denotes a Perfon who
practifes his Pen in any Court, or otherwife; of
which Clerks there are various Kinds, in feveral
Offices, &c. As the Officers of the Courts of
Law, were formerly often Clergymen, hence it
is faid they go under the Term of Clericus, or Clerk
And Temp. Eḍ. 1. Johannes Sawell, Clericus Dogini
Regis, was fuppofed to fignify Secretary or Clerk of
his Council. Antiy. Nottingham fb. 317.
Clerk of the is, Is an Officer in the Navy-
Qffice, whofe Bufinefs is to record all Orders, Con-
tracs, Bills, Warrants, &c. tranfacted by the Lord
High Admiral, or Lords Commiffioners of the Ad-
miralty, and Commiffioners of the Navy; and is
mentioned in the Stat. 16 Car. 2. c. 5. And 22 23
Gar. 2.
Clerk of Affidavits, In the Court of Chancery, is
an Officer that files all Affidavits made Ufe of in
Court.
Clerk of the Allife, Is he that writes all Things
judicially done by the Juftices of Affife in their Cir-
cuits. Cromp. Jurifd. 227. This Officer is affociated
to the Judge in Commiffion of Afife, to take Affifes,
Exc.
Clerk of the Wails, An Officer belonging to the
Court of King's Bench. Stat. 22 & 23 Car. 2. He
files the Bail-Pieces taken in that Court, and at-
tends for that Purpoſe.
Clerk of the Declarations, An Officer of the
Court of King's Bench, that files all Declarations
in Caufes there depending, after they are ingrofs'd;
c
Clerk of the Deliveries, Is an Officer in the Tow
er of London, who exercifes his Office in taking of
Indentures for all Stores, Ammunition, &c. iffued
from thence.
Clerk of the Errors, (Clericus Errorum) In the
Court of Common Pleas, tranſcribes and certifies in-
to the King's Bench, the Tenor of the Records of
the Caufe or Action, upon which the Writ of Er-
ror, made by the Curfitor, is brought there to be
heard and determined. The Clerk of the Errors in
the King's Bench, likewife tranfcribes and certifies
the Records of Caufes in that Court into the Exche-
quer, if the Caufe or Action were by Bill: If by
Original, the Lord Chief Juftice certifies the Re
cord into the Houfe of Peers in Parliament, by ta-
king the Tranfcript from the Clerk of the Errors, and
delivering it to the Lord Chancellor, there to be
determined, according to the Statutes 27 Eliz. c. 8.
and 31 Eliz. c. I. The Clerk of the Errors in the Ex-
chequer alfo tranfcribes the Records, certified thither
out of the King's Bench, and prepares them for
Judgment in the Court of Exchequer Chamber, to
be given by the Juftices of C. B. and Barons there.
Stat. 16 Car. 2. c. 2. 20 Car. 2. c. 4.
Clerk of the Effoins, Is an Officer belonging to
the Court of Common Pleas, who keeps the Eoin
Rolls; and the Effoin Roll is a Record of that Court:
He hath the Providing of Parchment, and cutting
it out into Rolls, marking the Numbers thereon;
Clerk of the Check, Is an Officer in the King's and the Delivery out of all the Rolls to every Of-
Court, fo called, becauſe he hath the Check and Con-ficer of the Court; the Receiving of them again
trolment of the Yeoman of the Guard, and all o-
ther ordinary Yeomen belonging either to the King,
Queen, or Prince; giving Leave, or allowing their
Abfence in Attendance, or diminiſhing their Wa-
ges
for the fame: He alfo by himſelf or Deputy
takes the View of thoſe that are to Watch in the
Court, and hath the Setting of the Watch. 33
H. 8. c. 12. Alfo there is an Officer of the fame
Name in the King's Navy at Plymouth, c. 19 Car.
2. C. I.
Clerk of the Crown, (Clericus Corona) An Officer
in the King's Bench, whofe Function is to Frame,
Read and Record all Indictments against Offenders
there arraigned or indicted of any Publick Crime.
And when divers Perfons are jointly indicted, the
Clerk of the Crown fhall take but one Fee, viz. 25.
for them all. Stat. 2. H. 4. c. 10. He is otherwife
terined Clerk of the Crown-Office, and exhibits Infor-
nations, by Order of the Court, for divers Offences:
And on Informations exhibited in the Crown-Office,
for Trespass, Battery, &c. Recognizances are to be
entered into for the Informer to profecute with Ef
fect, &c. 4 Eg 5 W. & M.
when they are written, and the Binding and Ma-
king up the whole Bundles of every Term; which
he doth as Servant to the Chief Juftice. The Chief
Juftice of C. B. is at the Charge of the Parchment
of all the Rolls, for which he is allowed; as is alfo
the Chief Juftice of B. R. befides the Penny for the
Seal of every Writ of Privilege and Outlawry, the
feventh Penny taken for the Seal of every Writ in
Court under the Green Wax, or Petit Seal, the
faid Lord Chief Juftices having annexed to their
Offices or Places, the Cultody of the faid Seals be-
longing to each Court.
Clerk of the Etreats, (Clericus Extractorum) A
Clerk or Officer belonging to the Exchequer, who
every Term receives the Eftreats out of the Lord
Treasurer's Remembrancer's Office, and writes
them out to be levied for the King: And he makes
Schedules of ſuch Sums eftreated, as are to be dif
charged.
Clerk of the Hanaper, or Hamper, Is an Officer
in the Chancery, whofe Office is to receive all the
Money due to the King, for the Seals of Charters,
Patents, Commiffions and Writs; as alfo Fees due
Clerk of the Crown in Chancery, Is an Officer to the Officers for inrolling and examining the
in that Court who continually attends the Lord Chan fame. He is obliged to Attendance on the Lord
cellor in Perfon or by Deputy: He writes and pre-Chancellor daily in the Term-time, and at all
pares for the Great Seal, special Matters of State Times of fealing, having with him Leather Bags,
by Commiffion, or the like, either immediately wherein are put all Charters, &c. After they are
from his Majefty's Orders, or by Order of his Coun-fealed, thofe Bags, being fealed up with the Lord
cil, as well Ordinary as Extraordinary, viz. Com- Chancellor's private Seal, are delivered to the Con-
miffions of Lieutenancy, of justices of Affife, Oyer troller of the Hanaper, who upon Receipt of them,
and Terminer, Gaol Delivery, and of the Peace, with enters the Effect of them in a Book, c. This Ha-
I
naper
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naper reprefents what the Romans termed Fifcum fmifdemean themfelves, they fhall forfeit 51. for
which contained the Emperor's Treaſure: And the the first Offence, 10 l. for the Second, and 201 for
Exchequer was antiently fo called, becauſe in eo recon- the third offence, on Conviction before a Juftice of
derentur Hanapi fcutra cæteraque vafa qua in cenfum Peace, &c. Stat. 16 Car. I.
&tributum perfolvi folebant; or it may be for that
the yearly Tribute which Princes received was in
Hampers or large Veffels full of Money.
Clerk of the Jnrollments, Is an Officer of the
Common Pleas, that inrolls and exemplifics all Fines
and Recoveries, and Returns Writs of Entry, Sum-
mons and Seifin, &c.
Clerk of the Michils, or Nihils, (Clericus. Nihilo-
rum) An Officer of the Court of Exchequer, who
makes a Roll of all fuch Sums as are nihiled by the
Sheriffs upon their Eftreats of Green Wax, and de-
livers the fame into the Remembrancer's Office, to
have Execution done upon it for the King. See
Stat. 5 R. 2. c. 13. Nihils are Iffues by Way of Fine
or Amercement.
Clerk of the Didnance, Is an Officer in the Tow-
who régifters all Orders touching the King's
Ordnance.
Clerk of the Juries, (Clericus Furatorum) An Of-
ficer belonging to the Court of Common Pleas,
who make out the Writs of Habeas Corpora and Dier,
firingas, for Appearance of Furies; either that
Court, or at the Affizes, after the Jury or Panel is
returned upon the Venire facias: He also enters into
the Rolls the Awarding of thefe Writs: and makes
all the Continuances from the going out of the Ha
beas Corpora until the Verdi&t is given.
Clerk Controller of the King's Houfe Is an Of
ficer in the King's Court, that hath Authority to
allow or difallow the Charges and Demands of Pur
fivants, Meffengers of the Green-Cloth, &c. He
hath likewife the Overfight of all Defects and Mif
carriages of any of the inferior Officers; and hath
a Right to fit in the Counting house, with the fu-
perior Officers, viz. The Lord Steward, Treaſurer,
Controller, and Cofferer of the Houfhold, for correct
ing any Diſorders. Stat. 33 H. 8. c. 12.
Clerk Marshal of the King's houfe, An Officer
that attends the Marshal in his Court, and records
all his Proceedings. 33 H. 8. c. 22.
Clerk of the King's Silver, (Clericus Argenti Re
gis) Is an Officer belonging to the Court of Common
Pleas, to whom every Fine is brought after it hath
paffed the Office of the Cuftos Brevium, and by whom
the Effect of the Writ of Covenant is entered into a
Paper-Book; according to which all the Fines of that
Term are recorded in the Rolls of the Court. And
the Entry is in this Form: Wilts, J. A. B. dat Do-
mino Regi dimidiam Marcam, &c. pro licentia concor-
dandi cum C. D. pro talibus Terris in, &c. & habet per
Chirographum per pacem admiſſum, &c. After the King's
Silver is entered, it is accounted a Fine in Law,
and not before.
Clerk of the King's Great Wardzobe, An Officer
of the King's Houfhold, that keeps an Account or
Inventory of all Things belonging to the Royal
Wardrobe. Stat. 1 E. 4. c. I.
Clerk of the Outlawzies, (Clericus Utlagaviarum)
An Officer belonging to the Court of Common
Pleas, being the Servant or Deputy to the King's
Attorney General, for making out Writs of Capias
Utlagatum, after Outlawry; the King's Attorney st
Name being to every one of thofe Writs.
Clerk of the Paper-Dice, Is an Officer in the
Court of King's Bench, that makes up the Paper-
books of special Pleadings and Demurrers in that
Court.
Clerk of the Papers, An Officer in the Common
Pleas; who hath the Cuftody of the Papers of the
Warden of the Fleet, enters Commitments and Dif
charges of Priſoners, delivers out Day-Rules, &c.
Clerk of the Parliament Rolls (Clericus Rotu-
lorum Parliamenti) Is that Perfon which records all
Things done in the High Court of Parliament, and
ingroffeth_them in Parchment Rolls, for their better
Prefervation to Pofterity: Of thefe Officers there
are two, one in the Lords Houfe, and another in
the Houfe of Commons.
Clerk of the Patents, Or of the Letters Patent
under the Great Seal of England; an Office erected
18 Fac. 1.
Clerk of the Peace, (Clericus Pacis) Is an Officer
belonging to the Seffions of the Peace: His Duty is
to read Indictments, inrol the Proceedings, and
draw the Procefs; he keeps the Counter-part of
the Indenture of Armour; records the Proclama-
tion of Rates for Servants Wages; has the Cuftody
of the Regiſter Book of Licenfes given to Badgers
of Corn; of Perfons licenſed to kill Game, &c. And
he regiſters the Eſtates of Papifts and others not ta
king the Oaths, Alfo he certifies into the King's
Bench Tranſcripts of Indictments, Outlawries, At-
Clerk of the Market, (Clericus Mercati Hofpitii tainders and Convictions, had before the Juftices of
Regis) Is an Officer of the King's Houfe, to whom Peace, within the Time limited: And by Statute,
it belongs to take Charge of the King's Meafures, Clerks of the Peace, c. are to certify the Tenor of
and keep the Standards of them, which are Ex- every Indictment, Outlawry, &c. into B. R. within
amples for all Meaſures throughout the Land; as forty Days under a certain Penalty. Stat. 34 & 35
of Ells, Yards, Quarts, Gallons, &c. And of Hen. 8. cap. 14. And every Clerk of the Peace is to de-
Weights, Bufhels, &c. And to fee that all Weights liver to the Sheriff within twenty Days after Michael-
and Meaſures in every Place be answerable to the mas yearly, an Eftreat of all Fines, &c. 22 Car. 2.
faid Standard: Of which Office, you may read in The Cuftos Rotulorum of the County hath the Ap-
Fleta, lib. 2. cap. 8, 9, 10, &c. Touching this Officer's pointment of the Clerk of the Peace, who may exe-
Duty, there are allo divers Statutes, as 13 R. 2. c. 4. cute his Office by Deputy. 37 H. 8. c. 1.
And if a
and 16 R. 2. c. 3. by which every Clerk of the Mar Clerk of the Peace mildemeans himſelf, the Juftices
ket is to have Weights and Meaſures with him of Peace in Quarter-Seffions have Power to diſcharge
when he makes Effay of Weights, &c. mark'd ac- him; and the Cuftos Rotulorum is to chufe another
cording to the Standard; and to feal Weights and Refident in the County, or on his Default the Sef
Meaſures, under Penalties. The 16 Car. I. c. 19. enfions may appoint one: The Place is not to be fold,
acts, That Clerks of the Market of the King's or
Prince's Houfhold, fhall only execute their Offices
within the Verge; and Head Officers are to act in
Corporations, &c. The Clerks of Markets have ge-
nerally Power to hold a Court, to which End they
may iffue out Procefs to Sheriffs and Bailiffs to
bring a Jury before them; and give a Charge, take
Prefentments of fuch as keep or Ufe falfe Weights
and Meaſures; and may fer a Fine upon the Of
fenders, &c. 4 Inft. 274. But if they take any other
Fce or Reward than what is allowed by Statute, &c.
or impofe any Fines without legal Trial; or otherwife
•
on Pain of forfeiting double the Value of the Sum
given, and Difability to enjoy it, &c. Stat. 1 W. &
M. Seff. 1. c. 21. See 3 Geo. 1. c. 18.
Clerk of the Pell, (Clericus Pellis) Is a Clerk be-
longing to the Exchequer, whofe Office is to enter
every Teller's Bill into a Parchment-Roll called
Pellis Receptorum, and alſo to make another Roll of
Payments, which is termed Pellis Exituum; wherein
he fets down by what Warrant the Money was paid;
mentioned in the Stat. 22 & 23 Car. 2.
Clerk of the Petty-Bag, (Clericus Parve Bage)
An Officer of the Court of Chancery. There are three
P p
of
CL
CL
*
1
Signet, as well for fealing his Majefty's private Ler-
ters, as fuch Grants as pafs the King's Hand by Bill
figned: And of thefe Clerks or Officers there are
four that attend in their Courfe, and have their
Dier at the Secretary's Table. The Fees of the
Clerk of the Signet, and Privy Seal, are limited par-
ticularly by Statute, with a Penalty annexed for
taking any Thing more. See 27 H. 8. c. 11.
of thefe Officers, of whom the Mafter of the Rolls | pal Secretary, who bath the Cuftody of the Privy
is the Chief. Their Office is to record the Return
of all Inquifitions out of every Shire; to make out
Patents of Customers, Gaugers, Controllers, &c. all
Conge d'Efliers for Bishops, the Summons of the No-
bility, and Burgeffes to Parliament; Commiffions
directed to Knights and others of every Shire,
for affeffing Subfidies and Taxes: All Offices found
Poft Mortem are brought to the Clerks of the Petty Bag
to be filed; and by them are entered all Pleadings
of the Chancery concerning the Validity of Patents
or other Things which país the Great Seal; they
alfo make forth Liberates upon Extents of Statutes
Staple, and Recovery of Recognizances forfeited,
and all Elegits upon thein: And all Suits for or
against any privileged Perfon are profecuted in their
Office, &c.
•
Clerk of the Pipe, (Clericus Pipa) Is an Officer in
the Exchequer, who having the Accounts of Debts
due to the King, delivered and drawn out of the
Remembrancer's Offices, charges them down in the
Great Roll, and is called Clerk of the Pipe from the
Shape of that Roll, which is put together like a
Pipe: He alfo writes out Warrants to the Sheriffs to
levy the faid Debts upon the Goods and Chattels
of the Debtors; and if they have no Goods, then |
he draws them down to the Lord, Treaſurer's Re-
membrancer, to write Eftreats against their Lands.
The antient Revenue of the Crown ftands in Charge
to him, and he fees the fame anfwered by the Far-
mers and Sheriffs: He makes a Charge to all She
riffs of their Summons of the Pipe, and Green Wax,
and takes Care it be anſwered on their Accounts.
And he hath the Drawing and Ingroffing of all
Leafes of the King's Lands; having a Secondary and
feveral Clerks under him. In the Reign of King
Hen. 6. this Officer was called Ingreffator Magni Ro-
tuli. Sce Star. 33 H. 8. c. 22.
Clerk of the Superledeas's, An Officer belong-
ing to the Court of Common Pleas, who makes out
Writs of Superfedeas, upon a Defendant's appearing
to the Exigent on an Outlawry, whereby the She-
riff is forbidden to return the Exigent.
Clerk of the Treafury, (Clericus. Thefaurarii) Is an
Officer of the Common Pleas, who hath the Charge
of Keeping the Records of the Court, and makes
out all the Records of Nifi prius; alfo he makes all
Exemplifications of Records being in the Treasury;
and he hath the Fees due for all Searches. He is
taken to be the Servant of the Chief Juftice, and
removable at Pleasure; whereas all other Officers
of the Court are for Life: There is a Secondary or
Under-Clerk of the Treasury for Affiftance, who hath
fome Fees and Allowances: And likewife
Under- Keeper, that always keeps one Key of the Trea-
fury Door, and the chief Clerk of the Secondary an-
other; fo as the one cannot come in without the
other.
an
Clerk of the Warrants, (Clericus Warrantorum) An
Officer belonging to the Common Pleas Court, who
enters all Warrants of Attorney for Plaintiffs and
Defendants in Suits; and inrolls Deeds of Indentures
of Bargain and Sale, which are acknowledged in
the Court, or before any Judges out of the Court.
And it is his Office to eftreat into the Exchequer all
Iffucs, Fines and Amerciaments, which grow due to
the King in that Court, for which he hath a ftand-
Cleronimus, An old Word fignifying Heir; it is
mentioned in Mon. Angl. Tom. 3. pag. 129.
Clitones, The Eldeft, and all the Sons of Kings.
In the Charter of King Ethelred- Ethelftanus
Ecbryth, &c. cum epitheto Clitonis fubfcribunt. Mat.
Parif. pag. 158. Ego Edgar, &c. Clito Legiti
præfati Regis, &c. Selden's Notes upon Ĕad-
Clive, Cliff. The Names of Places beginning or
ending with thefe Words, fignify a Rock from the
old Saxon,
Clerk of the Pleas, (Clericus Placitorum) An Of-ing Fee or Allowance.
ficer in the Court of Exchequer, in whofe Office all
the Officers of the Court, upon fpecial Privilege
belonging unto them, ought to fue or be fued in a-
ny Action, &c. In this Office are alfo profecu-
ted Actions at Law, by other Perfons as well as Of
ficers of the Court; but the Plaintiff ought to be
Tenant, or Debtor to the King, or fome Way ac-mus
countant to him: The Clerk of the Pleas has under merus.
him a great many Clerks, who are Attornies in all
Suits commenced or depending in the Exchequer.
Clerk of the Privy Seal, (Clericus Privati figilli)
There are four of the Officers which attend the Cloere, A Prifon or Dungeon ; 'tis conjectured
Lord Privy Seal; or if there be no Lord Privy Seal, from British Original; The Dungeon or inner Pri-
the Principal Secretary of State, writing and ma-fon in Wallingford Caftle, Temp. H. 2. was called
king out all Things that are fent by Warrant from Cloewe Brien, i. e. Carcer Brieni, &c. Hence feems to
the Signet to the Privy Seal, and which are to become the Lat. Cloaca, which was antienily the clo-
paffed to the Great Seal; alfo they make out Privy feft Ward or naftieft Part of the Prifon: The old
Seals, upon a fpecial Occafion of his Majesty's Af-Cloacerius, is interpreted Carceris Cuftos; and the pre-
fairs, as for Loan of Money, and the like. He that is fent Cloacerius, or Keeper of a fakes, is an Office in
now called Lord Privy Seal, feems to have been in fome Religious Houfes abroad, impofed on an of
ancient Times called Clerk of the Privy Seal; but not-fending Brother, or by him chofen as an Exercife
withstanding to have been reckoned in the Number of Humility and Mortification. Cowel.
of the Great Officers of the Realm. Stat. 12 R. 2.
C. I I. And 27 H. 8. c. 11.
►
Cloh, Was an unlawful Game, forbidden by
Stat. 17 Ed. 4. c. 3. and 33 H. 8.. c. 9. It is faid to
have been the fame with our Nine-Pins; and is cal-
Ofled Clofh cayles by the 33 H. 8. At this Time 'tis al-
lowed, and called Kailes, or Kittles.
Clerk of the Rolls, An Officer of the Chancery,
that makes Searches after and Copies of Deeds,
fices, Etc.
Clerk of the Rules, In the Court of King's
Bench, is he who draws up and enters all the Rules
and Orders made in Court; and gives Rules of
Courſe on divers Writs: This Officer is mentioned
in the 22 and 23 Car. 2.
Clerk of the Sewers, An Officer belonging to
the Commiffioners of Sewers, who writes and re-
cords their Proceedings, which they tranfa&t by Vir-
tue of their Commiffions, and the Authority given
them by Statute 13 El. c. 9.
Clerk of the Signet, (Clericus Signeti) Is an Of-
ficer continually attendant on his Majefty's Princi-
2
Cloth, No Cloth made beyond Sea, fhall be
brought into the King's Dominions, on Pain of for-
feiting the fame, and the Importers to be farther.
punished. Stat. 12 Ed. 3. c. 3.
Clothiers, Are to make Broad Cloths of certain
Lengths and Breadths, within the Lifts; and ſhal
caufe their Marks to be Woven in the Cloths, and
fet a Seal of Lead thereunto, fhewing the true
Length thereof. 4 Ed. 4. c. 1. 27 H. 8. c. 12. Expo-
fing to Sale faulty Cloths, are liable to forfeit the
fame: And Clothiers fhall not make Ufe of Flocks or
other deceitful Stuff, in making of Broad Cloth,
under
:
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1
+
I
I
under the Penalty of 5 1. Stat. 56 Ed. 6. Juftices | Perfons not paying Coachmen their Fare, or cur-
of Peace are to appoint Searchers of Cloth yearly,ting or defacing Coaches, &c. a Juftfee will order to
who have Power to enter the Houfes of Clothiers, and make Satisfaction, and on Refufal, may bind them
Perfons oppofing them, fhall forfeit 101. &c. 39 over to the Quarter Seffions: The 1 Géo. r. ordains,
Eliz. c. 20. 4 & 21 Fac. 1. All Cloth fhall be meafu- That where Coachmen refute to go ar, or exact
red at the Fulling-mill, by the Mafter of the Mill; more for their Hire than is limited by the Act, they
who fhall make Oath before a Juftice, for true fhall forfeit not exceeding 3 1. nor under 10 s. and
Meaſuring; and the Millman is to fix a Seal of the Commiffioners have Power to determine it
Lead to Cloths, containing the Lenghth and Breadth, The Fare of Hackney Coachmen in London, or with
which fhall be a Rule of Payment, by the Buyer, in ten Miles thereof, is 10s. per Day, allowing 12
c. 10 Ann. c. 16. By 1 Geo. I. c. 15. Broad Cloths Hours to the Day; and by the Hour not above 1 s.
must be put into Water for Proof, and be measured 6 d. for the Firit, and I s. for every Hour after:
by two indifferent Perfons chofen by the Buyer and And none are obliged to pay above is. for the Uſe
Seller, &c. And Clothiers felling Cloths before fealed, of any Hackney Coach for any Diftance, not men-
or not containing the Quantity mentioned in the tioned in the Act, which is not above one Mile and
Seals, incur a Forfeiture of the fixth Part of the Va- four Furlongs; nor above Is 6 d. for
any Distance
lue; Perfons taking off or counterfeiting Seals, forfeit not exceeding two Miles: The Fare of a Hackney
201. And by a late Statute, if any Weavers of Cloth Chair is I s. for any Diſtance not exceeding Mile,
enter into any Combination for advancing their Wa- and I s. 6 d. for any Diſtance not exceeding a Mile
ges, or leffening their ufual Hours of Work, or depart and four Furlongs. There are certain Places and
before the End of their Terms agreed, return any Diſtances mentioned in the A&t for the Extent of
Work unfiniſhed, &c. they fhall be committed by the refpective Fares; and other Diftances meaſured
two Juftices of Peace to the Houfe of Correction for and rated by the Commiffioners, in Purfuance of
three Months: And Clothiers are to pay their Work-the Statutes. Coachmen are to have Numbers to
People their full Wages agreed in Money, under
the Penalty of 10 l. &c. Stat. 12 Geo. I. c. 32. Infpec-
tors of Mills and 'Tenter Grounds, to examine and
feal Cloths, are to be appointed by Juftices of Peace
in Seffions; and Mill-men fending Clothiers any Cloths
before inspected, forfeit 40 s. The Inspectors to be
paid by the Clothiers 2 d. per Cloth. 13 Geo. I. c. 23.
If any Cloth remaining on the Tenters, be ftolen
in the Night, and the fame is found upon any Per-
fon, on a Juftice's Warrant to fearch, fuch Of
fender fhall forfeit treble Value, leviable by Di-
ftrefs, &c. or be committed to Gaol for three
Months; but for a fecond Offence, he fhall fuffer
fix Months Imprisonment; and the third Offence
be tranfported as a Felon, c. Stat. 15 Geo. 2.
cap. 27.
Clobe, Is the two and thirtieth Part of a Weigh
of Cheefe, i. e. eight Pounds. 9 H. 6. cap. 8.
Clough, A Word made Ufe of for Valley, in
Domesday Book. But among Merchants, it is an Al-
lowance for the Turn of the Scale, on buying Goods
Wholeſale by Weight. Lex. Mercat.
Clunch, In Staffordshire upon finking of a Coal-
Mine, near the Surface they meet with Earth and
Stone, then with a Subftance called Blue Clunch, and
and after that they come to Coal.
Cluta, (Fr. Clous) Shoes, clouted Shoes; and moſt
commonly Horſe-Shoes: It alſo fignifies the Strakes
of Iron with which Cart-Wheels are bound. Confue-
tud. Dom. de Farend. MS. fol. 16. Hence Clutarium,
or Cluarium, a Forge where the Clous or Iron Shoes
are made.
Tenuit duas Carucatas Terra de Do-
mino Rege, in Capite per tale fervitium deferendo Pale-
fridum Domini Regis, fuper quatuor pedes de Cluario
Domini Regis quotiefcunque ad Manerium fuum de
Mansfield venerit, c. Mon. Angl. Tom. 2. pag.
598.
Clypeus, One of a noble Family. Clypei Proftra-
ti, a noble Family extin&t. Sic nobilis Clypeus
ille Marefcallorum tot tantis Hoftibus Anglia formida-
bilis evanuit. Mat. Parif. 463.
their Coaches on Tin-Plates, or fhall forfeit 57 and
refufing any Perfon to take the Number of their
Coaches, or giving a wrong Number, incurs the For-
feiture of a Sum not exceeding 40 s. None but li-
cenfed Coaches fhall ply at Funerals for Hire, under
the Penalty of 5 7. Drivers of Hackney Coaches,
are to give Way to Perfons of Quality, and Gen-
[tlemen's Coaches, on the Penalty of 10 s. On Sun-
days there are only One hundred and feventy five
Coaches to ply; which are to be appointed by the
Commiffioners. And there are feveral Standings of
Coaches, at the most noted Parts of the Town, or-
dered by the Comiffioners to be in the Middle of
Streets, &c. Vide 5 & 6 W. M. cap. 22. 9 Ann.
c. 23. 1 Geo. I. c. 57. The Mafters of Stage-Coaches
are not liable to an Action for Things loft by their
Coachmen, who have Money given them to carry
the Goods; unless where any fuch Matter takes a
certain Price for the fame. See 1 Salk. 282.
Coachmakers. The Wares of Coachmakers fhall
be fearched, by Perfons appointed by the Sadlers
Company. Stat. I Fac. I. cap. 22.
Coadjutor, (Lat.) A Fellow-helper or Affiftant;
particularly applied to one appointed to affift a Bi-
Shop, being grown old and infirm, fo as not to be a-
ble to perform his Duty.
Coals. The Sack of Coal is to contain four Bu-
fhels of clean Coals: And Sea Coals brought into
the River Thames, and fold, fhall be after the Rate
of thirty-fix Bufhels to the Chaldron; and One
hundred and twelve Pounds the Hundred, &c. The
Lord Mayor and Court of Aldermen in London, and
Juftices of the Peace of the feveral Counties, or
three of them, are impowered to fet the Price of
all Coals to be fold by Retail; and if any. Perfon
fhall refute to fell for fuch Prices, they may ap-
point Officers to enter any Wharfs or Places where
Coals are kept, and cauſe the Coals to be fold at the
Prices appointed. 7 Ed. 6. cap. 7. 16 & 17 Car. 2.
cap. 2. Commiffioners are ordained for the Mea-
furing and Marking of Keels, and Boats for Coals
Coach, (Currus) A Convenience well known; and at Newcastle; and Veffels carrying Coals before mea-
for the Regulating of Hackney Coaches in London, fured and marked, fhall be forfeited, &c. 30 Car. 2.
there are feveral Statutes. By 9 Ann. Eight hun- c. 8. English Ships trading in Coals, may be manned
dred Hackney Coaches and Two hundred Chairs, with Foreigners during the War. 2 W& M. c. 17.
are allowed in London and Westminster; which are A Duty is laid on Coals imported, by Statutes 6
to be licenſed by Commiffioners, and pay a Duty to 7 W. 3. cap. 18. 9 & 10 W. 3. cap. 13. S Ann. &c.
the Crown: And if any Perfon drive a Hackney And by 9 Ann. c. 28. Contracts between Coal Own-
Coach without Licenfe, he ſhall forfeit 5 1. and a ers and Mafters of Ships, c. for reftraining the Buy.
Chair 40 s.
Coachmen and Chairmen, giving abuing of Coals are void; and the Parties to forfeit
five Language, or demanding more than their Fare, 100 l. And felling Coals, for other Sorts than they
c, a Justice of Peace may order them to pay not are, fhall forfeit 50 1. Not above fifty laden Col-
exceeding 20s. to the Poor, and not being able to liers are to continue in the Port of Newcastle, &c.
pay it, fend them to the House of Correction; and And Work-People in the Mines there, fhall not be
employed
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to be annexed to the Teftament, and the Executor
is to fee that they are all performed: If the Will
or Codicils are kept from the Executor, he may
force the Party detaining them to deliver them up
by the Ecclefiaftical Law, and recover them in the
Spiritual Court. Swinb. pag. 1. Sec. 1. Some Wri-
ters conferring a Teftament and a Codicil together,
call a Teftament a great Will, and a Codicil à little
one.
employed who are hired by others, under the Pe-
nalty of 51. A late A&t for better Regulation of
the Coal Trade, ordains that Coal Sacks fhall be
fealed and marked at Guildhall, &c. and be four Feet
and two Inches in Length, and twenty-fix Inches in
Breadth, on Pain of 20 s. Alfo Sellers of Coals are
to keep a lawful Bufhel, and put three Bushels to
cach Sack, which Bufhel and other Meaſures fhall
be edged with Iron, and fealed; and ufing others,
or altering them, incurs a Forfeiture of 50 1. &c. Coffee, Tea, and Chocolate. The Cuſtom Duties
The Penalties above 5 7. recoverable by Action of on Coffee, Tea, and Chocolate, are taken off by Sta-
Debt, &c. and under that Sum before Juftices of tute, and Inland Duties granted in their Stead, pay-
Peace. Stat. 3 Geo. 2. cap. 26. Owners or Maſters of able by Druggifts, and all Perfons dealing in Coffee,
Ships fhall not enhance the Price of Coals in the Ric. And Entries are to be made of all Ware-
ver of Thames, by the Keeping of Turn in deliver houfes, under Penalties and Forfeiture of the
ing of Coals there, under the Penalty of 1001. &c. | Goods. Stat. 10 Geo. 1. c. 10. The Duties to be paid
4 Geo. 2. cap. 30. The Price of Sea-Coals imported are 2 s. per Pound for Coffee, for Tea 4 s. and Choco-
into London and Ports adjacent, to be there fold, late 1 s. 6d. And Coffee, &c. not to be fold but in
|
may be fet by the Lord Mayor, &c. for one Year; Places entered; and if above fix Pounds Weight, to
and Perfons felling Coals out of any Veffel, Yard, have a Permit: Dealers in Coffee and Chocolate, Cof-
or Warehouſe, for a higher Price, fhall forfeit 36 s. fee-house keepers, &c. fhall keep an Account of Goods
per Chalder, to be levied by Warrant of two Ju-fold every Day, and deliver their Books to the Offi-
ftices. Dealers in Coals at Billingfgate, &c. refufing cers on Oath, &c. Chocolate fhall be ftamped, and
to fign legal Contracts, fhall forfeit 501. And any Chocolate-makers are to make an Entry of all Choco-
Perton vending Coals at Newcastle, that refufeth to late made, under the Penalty of 50 1. And Perfons
put a Loading on Shipboard, on Tender of the mixing other Drugs with Coffee or Tea, ſhall forfeit
Price they bear, is liable to the Forfeiture of 100 1. 100 l. Stat. 11 Geo. 1. cap. 30. See the late Statute
to be recovered by Action in the Courts at Weft-againft fophifticating Tea, and importing Cocoa
minster, within fix Months, by Stat. 11 Geo. 2. c. 15. Nutshels or Husks to make Chocolate, &c. 4 Geo. 2.
Cocherings, An Exaction or Tribute in Ireland | cap. 14. Sce S Geo. 2. c. 24.
now reduced to chief Rents. See Bonaght.
Cochineal. The Importation of Cochineal from
Ports in Spain was declared lawful during the late
War, &c. Stat. 6 Ann. Any Perfons may import
Cochineal into this Kingdom, in Ships belonging to
Great Britain, or other Country in Amity, from any
Place whatſoever, by 7 Geo. 2. cap. 18.
Cofra, A Coffer, Cheft or Trunk. Cuftos Col-
legii, & Miniſtri ejufdem, &c. capientes certam ſummam
pecunie de Cofris fundatoris. Munimenta Hofpit. SS.
Trinit. de Pontefra&to, MS. fol. 50.
Cofferer of the King's Houthold, Is a Principal
Officer of the King's Houfe, next under the Controller,
who in the Counting-Houfe, and elſewhere, hath a
fpecial Charge and Overfight of other Officers of
the Houfhold, to all which he pays their Wages:
This Officer paffes his Accounts in the Exchequer,
and is mentioned in 39 Eliz. cap. 7.
after Shipwreck or Loffes by Sea, travelled and
wandered about to defraud the People by Begging
and Stealing, 'till they were reftrained by divers
good Laws. Du Frefne.
Cocket, (Cockettum) Is a Seal belonging to the
King's Custom-houſe: Or rather a Scroll of Parch-
ment fealed, and delivered by the Officers of the
Cuſtom-houſe to Merchants, as a Warrant that
their Merchandizes are cuſtomed: Which Parch- Coggle, A fmall fishing Boat, upon the Coafts of
ment is otherwiſe called Litera de Coketto, or Litera Yorkshire: And Cogs, (Cogones) are a Kind of little
Teftimoniales de Coketto. 11 Hen. 6. Reg. Orig. 192, Ships, or Veffels, ufed in the Rivers Oufe and Um-
179. So it is uſed, 5&6 Ed. 6. cap. 14, &c. The ber. Stat. 23 H. 8. c. 18. Præparatis Cogonibus
Word Cockettum or Cocket, is alſo taken for the Cu-Galleis, & aliis Navibus, &c. Mat. Parif. Anno 1066.
ftom-houſe or Office where Goods to be tranfported | And hence the Cogmen, Boatmen or Seamen, who
were first entered, and paid their Cuſtom, and had
a Cocket or Certificate of Diſcharge: And Cockettata
Lana is Wool duly entered and cocketted, or autho-
rized to be-tranſported. Mem. is Scac. 23 Ed. 1. Cocket
is likewiſe uſed for a Sort of Meaſure, as we may
read in Fleta, lib. 2. cap. 9. Panis vero integer quadran-
talis frumenti ponderabit unum Cocket & dimidium:
And it is made ufe of for a Diftin&tion of Bread,
in the Statute of Bread and Ale. 51 H. 3. Where
Mention is made of Waffel Bread, Cocket Bread,
Bread of Treet, and Bread of Common Wheat; the Wa-
ſtel-Bread being what we now call the finest Bread,
or French Bread; the Cocket-Bread the fecond Sort
of White Bread; Bread of Treet, and of common
Wheat, Brown, or Houshold Bread, &c.
Cocletus, A Boatman, Cockfwain or Coxon. Corvel.
Cocula, A Cogue, or little drinking Cup, in
Form of a fmall Boat, ufed efpecially at Sea;
and ſtill retained in a Cogue of Brandy. Theſe
drinking Cups are alſo uſed in Taverns to drink
new Sherry, and other white Wines, which look
foul in a Glafs.
Codícil, (Codicillus, from Codex a Book, a Writing)
Is a Schedule or Supplement to a Will, where any
Thing is omitted, which the Teftator would add,
or he would explain, alter or retra&t what he
hath done; and it is the fame with a Teftament,
but that it is without an Executor: And one may
leave behind him only one Teftament, but as many
Codicils as he pleaſes. Weft. Symb. p. 636. A Codicil
is taken as Part of the Will; and the Codicils ought
**
Cognatione, A Writ of Cofenage. See Cofenage
Cognisance, (Fr. Connufance, Lat. Cognitio) Is ufed
diverfly in our Law: Sometimes it is an Acknow-
ledgment of a Fine, or Confeffion of a Thing done;
and there is a Cognisance of taking a Diftrefs: Some-
times it is the Hearing of a Matter judicially; as to
take Cognifance of a Caufe: And fometimes it figni-
fies a Jurifdi&tion, as Cognifance of Pleas is a Power
to call a Caufe or Plea out of another Court;
which done can but the King, or by Charter. This
Cognisance of Pleas is a Privilege granted by the
King to a City or Town, to hold Plea of all Con-
tracts, &c. within the Liberty of the Franchiſe :
and when any Man is impleaded for fuch Matters
in the Courts of Weftminfler, the Mayor, &c. of
fuch Franchiſe may ask Cognifance of the Plea, and
demand that it fhall be determined before them:
But if the Courts at Westminster be poffeffed of the
Plea before Cognisance is demanded, it is then too
late. Terms de Ley 178, 179. See Stat. 9 H. 4. c. 5.
Cognifance of Pleas extends not to Affifes; and when
granted, the Original fhall not be removed: It lies
not in a Quare Impedit, for they cannot write to the
Biſhop; nor of a Plea out of the County-Court,
which cannot award a Refummons, &c. Fenk. Cent.
31, 34. This Cognisance fhould be demanded the
first Day: And if the Demandant in a Plea of
Land
5
1
:
1
↓
Gentleman.
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Cognitor and Cognífee, Cognifor, Is he that paf-
feth or acknowledgeth a Fine of Lands or Tene-
ments to another; and Cognifee is he to whom the
Fine of the faid Lands, &c. is acknowledged. Stat.
32. H. 8. c. 5.
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C.
Land counterpleads the Franchife, and the Tenant | Money fufpected to be counterfeit or diminished,
joins with the Claim of the Franchife, and it is otherwife than by wearing: But if fuch Pieces on
found against the Franchife, the Demandant fhall breaking, &c. are found to be good Coin, it will be
recover the Land; but if it be found against the at the Breaker's Peril, who fhall ftand to the Lofs
Demandant, the Writ fhall abate. Ibid. 18.
of it. 9 & 10 W. 3. c. 21. Coins of Gold and Silver
Cognifance alfo fignifies the Badge of a Waterman or are to pafs notwithstanding fome of them are crack'd,
Servant, which is ufually the Giver's Chest, whereby or worn, but not if they are clipt. 19 H. 7. c. 5.
he is known to belong to this or that Nobleman or Counterfeiting, Impairing, or Clipping of the
King's Coin, is made High Treafon. 25 Ed. 3. c. 14.
and 18 Eliz. cap. 7. It is alfo Treafon to make any
Stamp, Dye, Mould, &c. for coining, except by
Perfons imployed in the Mint, &c. Conveying
fuch out of the Mint, is the fame; and fo is colour-
ing Metal reſembling Coin of Gold or Silver, mark-
Cognitiones, Enfigns and Arms, or a militarying it on the Edges, &c. And if any Perfons mix
Coat painted with Arms. Cum viderunt Hoftes blanched Copper with Silver, to make it heavier,
Chrifti armis vexillis & Cognitionibus picturatis, &c. and look like Gold, or receive, or pay counterfeit
Mat. Parif. 1250.
milled Money, it is Felony. 8 & 9 W. 3. c. 26.
Cognitionibus Mittendis, Is a Writ to one of Counterfeiting Broad Pieces of Gold, &c. is de-
the King's Juftices of the Common Pleas, or otherclared to be Treafon. Stat. 6 Geo. 2. cap. 26. Per.
that hath Power to take a Fine, who having taken fons that wash or gild any Shilling, or Six Pence,
the Fine defers to certify it, commanding him to or alter the Impreffion, fo as to make them refem-
certify it. Reg. Orig. 68.
blé a Guinea, Half Guinea, &c. are adjudged guilty
Cognovit &ionem, Is where a Defendant ac- of High Treafon; and thofe who tender in Payment,
knowledges or confeffes the Plaintiff's Caufe against any counterfeit Coin knowingly, fhall be imprisoned
him to be juft and true, and after Iffue fuffers Judg-fix Months for a firft Offence, two Years for the fe-
ment to be entered against him without Trial.cond, and a Third fuffer as Felons. 15 Geo. 2. c. 28.
And here the Confeffion generally extends no fur-
ther than to what is contained in the Declaration;
but if the Defendant will confefs more, he may.
I Roll. 929. Hob. 178.
Cogware, Is faid to be a Sort of coarfe Cloths,
made in divers Parts of England, of which Mention
is made in the 13 R. 2. cap. 10.
Cohuagíum, A Tribute paid by thofe who meet
promifcuouſly in the Market or Fair; Cohua fignify-
ing a promifcuous Multitude of Men in a Fair or
Market. Quieti ab omni Theloneo, Paffagio, Pon-
tagio, Cohuagio, Pallagio, &c. Du Cange.
Coif, (Coifa) A Title given to Serjeants at Law;
who are called Serjeants of the Coif, from the Lawn
Coif they wear on their Heads under their Caps,
when they are created. The Ufe of it was anci-
ently to cover Tonfuram Clericalem, otherwiſe called
Corona Clericalis; becauſe the Crown of the Head
was cloſe fhaved, and a Border of Hair left round
the lower Part, which made it to look like a
Crown. Blount.
The Statutes which ordain milled Money to be
made, give Liberty to any Perfon to refufe ham-
mered Silver Coin, as not being the lawful Coin of this
Kingdom. 9 W. 3. c. 2. Counterfeiting of the Coin
extends only to Gold and Silver Coin; for the Ceining
of Farthings or Half-pence, or Pieces to go for
fuch, of Copper, incurs a Penalty of 5 1. for every
Pound Weight, by Stat. 9 & 10 W. 3. c. 33. This
Offence is now punished with two Years Imprifon-
ment, and Surety to be given by the Offenders for
good Behaviour two Years more. 15 Geo. 2. Per-
fons apprehending Money-Coiners, Clippers, &c. are
to have 40 1. Reward; and a guilty Perfon difco-
vering two others, to be pardoned, &c. 6 & 7 W. 3.
By the late Statute, 10 1. is alfo given as a Reward,
for apprehending and convicting Coiners of Copper
Money. In the feventh Year of King William III. an
A&t was made for calling in all the old Coin of the
Kingdom, and to melt it down and recoin it; the
Deficiences whereof were to be made good at the
publick Charge: And in every Hundred Pound coined,
Coín, (Cuna Pecunia) Seems to come from the 40 . was to be Shillings, and 101. Sixpences, un-
Fr. Coign, i. e. Angulus, a Corner; whence it has der certain Penalties. Perfons bringing Plate to the
been held, that the ancienteft Sort of Coin was Mint to be coined, were to have the fame Weight of
fquare with Corners, and not round as it now is: Money delivered out, as an Encouragement, and
It is any Sort of Money coined. Cromp. Jurifd. 220. Receivers General of Taxes, &c. were to receive
Coin is a Word collective, which contains in it all Money at a large Rate per Ounce. Our Guineas
Manner of the feveral Stamps and Species of Mo-have been raiſed and fallen, as Money has been
ney in any Kingdom: And this is one of the Royal ſcarce or plenty, ſeveral Times by Statute: And
Prerogatives belonging to every Sovereign Prince, Anno 3 Geo. 1. on a Scarcity of Silver Coin, for Re
that he alone in his own Dominions may order and
difpofe the Quantity and Value, and Fashion of
his Coin. But the Coin of one King is not current
in the Kingdom of another, unless it be at great
Lofs; though our King by his Prerogative may
An Indictment for Coining of Money.
make any Foreign Coin lawful Money of England
at his Pleafure, by Proclamation. Terms de Ley 136. Somerfet, ff. HE Jurors, &c. That A. B. of,
TH
If a Man binds himfelf by Bond to pay one hun-
&c. not having God before his Eyes,
dred Pounds of lawful Money of Great Britain, and but being ſeduced by the Infligation of the Devil, on the
the Perfon bound, the Obligor, pays the Obligce Day, &c. in the Year of the Reign, &c. at the Parish
the Money in French, Spanish, or other Coin, made of, &c. in the faid County, did fallly and traiterously
current either by A&t of Parliament, or the King's forge, counterfeit and Coin twenty Pieces of Brass and
Proclamation, the Obligation will be well perform-Copper, and other mixed Metals, to the Refemblance and
ed. 1 Inft. 207. But 'tis faid a Payment in Farthings, Likeness of good, lawful and current Money of the King
is not a good Payment. 2 Inft. 517. When a Per- of this Kingdom of England, called Shillings; and
Per-of
fon has accepted of Money in Payment from an- knowing the faid twenty Pieces, fo to be falfly and trai
other, and put the fame into his Purfe, it is at his terously counterfeited and coined, the faid A. B. after-
Peril after his Allowance; and he fhall not then wards, that is to fay, on the faid Day of, &c. in the
take Exception to it as bad, notwithstanding he &c. Tear abovefaid, at, &c. in the faid County, and
prefently reviews it. Terms de Ley. By Statute, a- elſewhere, deceitfully, falfly, and traiterorfly did expoſe.
ny Perfon may break or deface Pieces of Silver pay and utter fix Pieces thereof, to divers Subjects of our
QI
medy, Guineas were funk to 21 s. at which they
now pafs by Proclamation. See Money.
faid
1
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Jaid Sovereign Lord the King, for the true, lawful and | fects of Goverment. As a Bishop may neglect to
current Money of England, to the great Prejudice and collate, fo it may happen that he may make his Col-
Deceit of the Subjects of our faid Lord the King, and lation without Title; but fuch a wrongful Collation
against the Peace, &c. and alſo against the Form of the doth not put the true Patron out of Poffeffion; for
Statute, &c.
after the Collatee of the Biſhop is inftituted and in-
ducted, he may prefent his Clerk: And Collation in
this Cafe, fhall be intended only as a provifional
Incumbency to perform Divine Service 'till Prefent
ment is made by the true Patron. 1 Inft. 344 By
Collation the Church is not full; and a right Patron
may bring his Writ at any Time to remove the
Perion collated; except his Right be likewife to col-
late, when Plenarty by Collation may be pleaded.
Wood's Inft. 159. Where a Biſhop gives a Benefice
as Patron, he collates to it Fure Pleno; and when by
Lapfe, he doth it Fure devoluto. The Collation by
Lapfe, is in Right of the Patron, and for his Turn:
And in Aflife of Darrein Prefentment, &c. it fhall be
laid as his Poffeffion.
laid as his Poffeffion. 24 Ed. 3. 28. F. N. B. 31.
Coinage, (Cunagium) Is the Stamping and Ma-
king of Money, by the King's Authority. And there
is a Duty of 10 s. per Ton on Wine, Beer, and Bran-
dy imported, called the Coinage Duty, granted for
Expence of the King's Coinage, but not to exceed
3000 1. per Ann. Stat. 18 Car. 2. cap. 5. This Duty
for Coinage hath been continued and advanced, by
divers Statutes, as 4 & 5 Ann. c. 22. 1 Geo. I. c. 43.
9 Geo. 1. &c. The Coinage Duties are continued for
feven Years, by a late Statute; and the Commif-
fioners of the Treafury, out of the Money arifing
by this Act, or other publick Supplies, fhall defray
the Expence of the Mints of England and Scotland,
not exceeding 15000l. a Year. Stat. 4 Geo. 2. c. 12. Collatione fa&a uni poßt Moztem alterius, Is a
Coliberts, (Coliberti) Were Tenants in Socage; Writ directed to the Justices of the Common Pleas,
and particularly fuch Villeins as were manumitted commanding them to iffue their Writ to the Bishop,
or made Freemen., Domefday. But they had not an for the Admiffion of a Clerk in the Place of an-
abfolute Freedom; for tho' they were better than other prefented by the King; who died during the
Servants, yet they had fuperior Lords to whom Suit between the King and the Bishop's Clerk: For
they paid certain Duties, and in that Refpect they Judgment once paffed for the King's Clerk, and he
might be called Servants, tho' they were of middle dying before Admittance, the King may beſtow his
Condition, between Freemen and Servants. Li- Prefentation on another. Reg. Orig. 31.
bertate carens Colibertus dicitur effe. Du Cange.
Collateral, (Collateralis) From the Lat. Laterale,
Sideways, or that which hangeth by the Side, nor
direct; As Collateral Aſſurance is that which is made
over and above the Deed itfelf: Collateral Security,
is where a Deed is made of other Land, befides
thofe granted by the Deed of Mortgage: And if a
Man covenants with another, and enters into Bond
for Performance of his Covenant, the Bond is a
Collateral Affurance; becauſe it is external, and
without the Nature and Effence of the Covenant.
Collatione Herèmitagii, A Writ whereby the
King conferred the Keeping of an Hermitage upon
a Clerk. Reg. Orig. 303, 308.
Collation of Seals. This was when upon the
fame Libel, one Seal was fer on the Back or Re-
verfe of the other.
Ad majorem fecuritatem
Premifforum Sigillum difcreti viri Officialis Domino Ba-
tho-Well. Epifcopi filo medio per modum Collationis,
figillo meo apponi procuravi. Cartular. Abbat. Glafton.
MS. 105.
fwer fo much per Cent. to his Majefty 'till Payment.
Stat. 20 Car. 2. c. 2. See Receivers.
Collectors, of Money due to the King, not pay-
If a Man hath Liberty to pitch Booths or Stand-ing the fame to whom it ought to be paid, fhall an-
ings, for a Fair or Market in another Perfon's
Ground; it is Collateral to the Ground. The pri
vare Woods of a common Perfon, within a Foreft,
may not be cut without the King's Licence; it be
ing a Prerogative Collateral to the Soil. And to be
fubject to the Feeding of the King's Deer, is Colla
teral to the Soil of a Foreft. Cromp. Jurifd. 185. Man-
wood, p. 66.
Collateral Difcent, and Collateral Warranty,
See Difcent and Warranty.
Collatio Bonorum, Is in Law where a Portion
or Money advanced by the Father to a Son or
Daughter, is brought into Hotchpot, in order to have
an equal distributory Share of his perfonal Eftate,
at his Death, according to the Intent of the Stat. 22
& 23 Car. 2. c. 10. Abr. Caf. Eq. p. 254. See Hotchpot.
Collation of a Benefice, (Collatio Beneficii) Sig.
nifies the Beftowing of a Benefice by the Bishop,
when he hath Right of Patronage. And it differs
from Inftitution in this, that Inftitution is performed
by the Bishop upon the Preientation of another,
and Collation is his own A&t of Preſentation; and it
differeth from a common Preſentation, as it is the
Giving of the Church to the Parfon, and Prefenta-
tion is the Giving or Offering of the Parfon to the
Church. But Collation fupplies the Place of Prefen-
tation and Inftitution; and amounts to the fame as
Inſtitution, where the Bishop is both Patron and
Ordinary. 1 Lill. Abr. 273. Antiently the Right of
Prefentation to all Churches, was in the Bishop;
and now if the Patron neglects to prefent to a
Church, then this Right returns to the Bishop by
Collation And if the Bishop neglects to collate
within fix Months after the Lapfe of the Patron,
then the Archbishop hath a Right to do it; and if
the Archbishop neglects, then it devolves to the
King; the one as Superior, to fupply the Defects
of Bifhops, the other as Supreme, to reform all De-
:
College, (Collegium) A particular Corporation,
Company or Society of Men, having certain Pri-
vileges, founded by the King's Licence: And for
Colleges in Reputation, fee 4 Rep. 106, 108. Vide
Leafes.
I
Collegiate Church, Is that which confifts of a
Dean and fecular Canons; or more largely, it is a
Church built and endowed for a Society, or Body
Corporate, of a Dean or other Prefident, and fecu-
lar Pricfts, as Canons or Prebendaries in the faid
Church. There were many of thefe Societies diftin-
guiſhed from the Religious or Regulars, before the
Reformation: And fome are cftabliſhed at this Time;
as Westminster, Windsor, Winchester, Southwell, Man-
chefter, &c.
Colloquium, (a Colloquendo) A Talking together,
or affirming of a Thing, laid in Declarations for
Words in Actions of Slander, &c. Mod. Caf. 203.
Carthew 90.
Collufion, (Collufio) Is a deceitful Agreement or
Contract between two, or more Perfons, for the one
to bring an Action againft the other, to fome evil
Purpofe, as to defraud a third Perfon of his Right,
&c. This Collufion is either apparent, when it fhews
itself in the Face of the Act; or which is more
common, it is fecret, where done in the Dark, or
covered over with a Shew of Honefty. And 'tis a
Thing the Law abhors; wherefore when found, it
makes void all Things dependant upon the fame,
tho' otherwife in Themſelves never fo good. Co. Lit.
109, 360. Plowd. 54. Collufion may fometimes be
tried in the fame Action wherein the Covin is, and
fometimes in another Action, as for Lands aliened.
in Mortmain by a Quale jus: And where it is ap-
parent there needs no Proof of it; but when it is
fecret, it must be proved by Witneffes, and found
}
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tubus eam melius & plenius habuerunt tempore Regis Ed-
wardi. Placit. temp. Ed. 1. & Ed. 2. But the Title
of Barons of the Cinque Ports is now given to their
Reprefentatives in Parliament; and the Word Com-
baron is ufed for a Fellow Member, the Baron and
his Combaron.
by a Jury like other Matters of Fa&t. 9 Rep. 33.& anteceffores fui, & Combarones fui de quinque Por-
The Statute of Weftm. 2. 13 Ed. 1. c. 33. gives the
Writ Quale jus, and Inquiry in thefe Cafes: And
there are feveral other Statutes relating to Deeds,
made by Collufion and Fraud. The Cafes particu.
larly mentioned by the Statute of Westm. 2. are of
Quare Impedit, Affife, &c. which any Corporation
brings against another, with Intent to recover the
Land or Advowfon, for which the Writ is brought,
held in Mortmain, &c. Vide the Statute.
Colonus, An Husbandman or Villager, who was
bound to pay yearly a certain Tribute, or at cer-
tain Times in the Year to plough fome Part of the
Lord's Land; and from hence comes the Word
Clown; who is called by the Dutch Boor.
Comba terræ, From Sax. Cumbe, Brit. Kum,
Eng. Comb, a Valley or low Piece of Ground or
Place between two Hills; which is ftill fo called
in Devonshire and Cornwall: Hence many Villages in
other Parts of England have their Names of Comb,
as Wickcomb, &c. from their Situation. Kennet's
Gloff.
Combat, (Fr.) Is taken with us for a formal
Trial between two Champions, of a doubtful Cauſe
or Quarrel, by the Sword or Batons. The laſt
Trial by Combat in this Kingdom was Anno 6 Car. 1.
between Donald Lord Rey, Appellant, and David Ram-
fey, Efq; Defendant, both Scotchmen, before Robert
Earl of Lindley, Lord High Conftable, Thomas Earl
of Arundel, Earl Marshal, with other Lords; when
after the Court had met feveral Times in the Paint-
Chamber, and other Formalities, it was at laſt
referred to the King's Will and Pleafures, who was
inclined to favour Ramsey. Co. Lit. 294. Orig. Ju-
ridical. fol. 65. See Battel.
Combinations to do unlawful A&s, are puniſh-
able before the unlawful A&t is executed; this is to
prevent the Confequence of Combinations, and Con-
fpiracies, c. 9 Rep. 57. Sec Confederacy.
Colour, (Color) Signifies a probable Plea, but
what is in Fa& falſe; and hath this End, to draw
the Trial of the Caufe from the Jury to the Judges:
And therefore Colour ought to be Matter in Law, or
doubtful to the Jury. This Colour is ufed in Affifes,
or Action of Trefpafs; and every Colour ought to
have thefe Qualities following: 1. It is to be doubt
ful to the Lay-Gents, as in Cafe of a Deed of Feoff-
ment pleaded, and it is a Doubt whether the Landed
paffeth by the Feoffment, without Livery, or no.
2. Colour ought to have Continuance, tho' it wants
Effe&t. 3. It should be fuch Colour, that if it were
effectual, would maintain the Nature of the Action;
as in Affife, to give Colour of Freehold, &c. 10
Rep. 88, 91. Colour must be fuch a Thing, which is
a good Colour of Title, and yet is not any Title.
Cro. Fac. 122. If a Man juftifies his Entry for fuch a
Caufe as binds the Plaintiff or his Heirs for ever,
he fhall not give any Colour: But if he pleads a De-
fcent in Bar, he must give Colour, becauſe this binds
the Poffeffior, and not the Right; fo that when the
Matter of the Plea bars the Plaintiff of his Right,
no Colour must be given. When the Defendant en-
titles himself by the Plaintiff; where a Perfon
pleads to the Writ, or to the Action of the Writ;
he who juftifies for Tithes, or where the Defendant
juftifies as Servant: In all thefe Cafes no Colour
ought to be given. 10 Rep. 91. Lutw. 1343. Where
the Defendant doth not make a Special Title to
himſelf, or any other, he ought to give Colour to
the Plaintiff. Cro. Eliz. 76. In Trefpafs for Taking
and Carrying away Twenty Loads of Wood, &c. the
Defendant fays, that A. B. was poffefs'd of them, ut
de bonis propriis, and that the Plaintiff claiming them
by Colour of a Deed after made, took them, and
the Defendant retook them; and adjudged that the
Colour given to the Plaintiff, makes a good Title to
him, and confeffeth the Intereft in him. 1 Lill. Abr.
275. Colour is for this Caufe, viz. Where the De-
fendant justifies by Title in Trefpafs or Affife, if he
do not give the Plaintiff Colour, his Plea amounteth
only to Not guilty; for if the Defendant hath Ti-
tle, he is not guilty. 1 Rep. 79, 108. Terms de Ley
140.
Colour of Office, (Color Officii) Is when an A&t is
evilly done by the Countenance of an Office; and
always taken in the worft Senfe, being grounded
upon Corruption, to which the Office is as a Shadow
and Colour. Plowd. Comment. 64. See Extortion.
Colpíces, (Colpicium, Colpiciis) Young Poles, which
being cut down, make Leavers or Lifters; and in
Warwickshire they are called Colpices to this Day.
Blount.
Colpo, A ſmall Wax-Candle, à Copo de Cere:
We read in Hoveden, that when the King of Scots
came to the English Court, as long as he ftaid there,
he had every Day, De Liberatione triginta fol. & duode-
cim vaffellos Dominicos, & quadraginta groffos longos Col-
pones de Dominica Candela Regis, &c. Anno 1194.
Combarones, The Fellow Barons, or Commo-
nalty of the Cinque Ports: King Hen. 3. grants to
the Barons, or Freemen of the Port of Feversham,
quietantiam de omni Thelonio, & Confuetudine, ficut ipfi
Combustio Pecuniæ, The ancient Way of Try-
ing mixt and corrupt Money, by melting it down
upon Payments into the Exchequer. In the Time-
of King Henry 2. a Conſtitution was made called
the Trial by Combustion; the Practice of which dif-
fered little or nothing from the prefent Method of
affaying Silver. But whether this Examination of
Money by Combustion, was to reduce an Equation
of Money only of Sterling, viz. a due Proportion of
Allay with Copper; or to reduce it to fine pure
Silver with Allay, doth not appear. On making
the Conftitution of Trial, it was confidered, that
tho' the Money did anfwer Numero & Pondere, it
might be deficient in Value; becaufe mix'd with
Copper or Brafs, &c. Vide Lowndes's Eſſay upon
Coin, p. 5.
Comitatus, A County. Ingulphus tells us, That
England was firft divided into Counties by King Al
fred; and Counties into Hundreds, and thefe again
into Tithings: And Fortefcue writes, that Regnum
Angliæ per Comitatus ut Regnum Franciæ per Balliva-
tus diftinguitur. Sometimes it is taken for a Terri-
tory or Jurifdiction of a particular Place, as in
Mat. Parif. Anno 1234. Infra Metas illas continentur
quadam pradia & etiam Civitates & Caftra, quas Co-
mitatui fuo affignare prafumunt. And in Charta H. 2.
apud Hoveden: Caftellum de Nottingham cum Co-
mitatu, &c. And, De firmis mortuis & debitis, de
quibus non eft fpes, fiat unus Rotulus, & intituletur Co-
mitatus, & legatur fingulis Annis fuper Computum Vice-
comitum. Clauf. 12 Ed. I.
See County.
Comitatu Commiffo, Is a Writ or Commiffion
whereby a Sheriff is authorifed to take upon him
the Charge of the County. Reg. Orig. 295.
Comitatu & Caftro Commiffo, A Writ by which
the Charge of a County, together with the Keep-
ing of a Caftle, is committed to the Sheriff. Reg.
Orig. Ibid.
Comitiva, A Companion or Fellow Traveller;
'tis mentioned in Brompton, Regn. H. 2. And fome-
times it fignifics a Troop or Company of Robbers ;
as in Walfingham, Anno 1366. Interpellaverunt auxilium
Regis Angliæ contra Magnas Comitivas, &c.
Commandzy, (Præceptoria) Was any Manor or
Chief Meffuage, with Lands and Tenements there-
to appertaining, which belonged to the Priory of
St. John of Jerufalem in England; and he who had
the
Со
СО
↑
ت
the Government of fuch a Manor or Houſe was ſti-|
led the Commander, who could not difpofe of it but
to the Ufe of the Priory, and only taking thence
his own Suftenance, according to his Degree. New
Eagle in Lincolnshire was and ftill is called the Com
mandry of Eagle, and did anciently belong to the
faid Priory of St. John: So Selbach in Pembrokeshire;
and Shingay in Cambridgeshire, were Commandries in
the Time of the Knights Templers, fays Camden:
And 'theſe in many Places of England are termed
Temples, becauſe they formerly belonged to the faid
Templers. Stat. 26 H. 8. c. 2. The Manors and
Lands belonging to the Priory of St. John of Jeru-burn likewife the Houfe of another, the Commander
falem, were given to King Henry 8. by the Stat.
32 H 8. about the Time of the Diffolution of Ab-
bies and Monafteries; ſo that the Name only of
Commandries remains, the Power being long fince
extinct.
2 Hawk, 316. If I command a Mañ to rob another,
and he kills him in the Attempt, tho' he doth not
rob him, I am guilty of the Murder; it being the
direct and immediate Effect of an A&t done in Ex-
ecution of my Command to commit a Felony: And
if the Command be to beat a Perfon, and the Perfon
commanded beat him in fuch a Manner that he dies
thereof, I am an Acceffary before to the Felony ;
because it happened in the Execution of a Command,
which tended to endanger the Life of the other.
Alfo it is faid, that if one command another to burn
the Houfe of a certain Perfon, and he by Burning it
is equally acceffary to the fubfequent Felony, as to
that which was directly commanded. Ibid. 315, 316.
To Command or Counſel any one to commit Burgla-
ry, is Felony without Benefit of Clergy. Stat. 3&
4 W. & M. In Forcible Entries, &c. an Infant or
Feme Covert may be guilty in Refpect of actual
Violence done by them in Perfon; though not in
Regard to what shall be done by others at their Com-
mand, because all fuch Commands of theirs are void.
Co. Lit. 357.
1 Hawk. 147. In Trefpafs, &c. the
Mafter fhall be charged criminally for the A&t of
the Servant, done by his Command; but Servants
fhall not be excused for committing any Crime,
when they a&t by Command of their Mafters; who
have no Authority over them to give fuch Command.
Doct. & Stud. c. 42. H. P. C. 66. Kel. 13. And if a
Mafter commands his Servant to diftrain, and he
abufeth the Diftrefs, the Servant fhall answer it to
the Party injured, &c. Kitch. 372.
Im-
Commarchio, The Confines of the Land; from
whence probably comes the Word Marches.
primis de noftris Landimeris, Commarchionibus. Du
Cange.
Commandment, (Præceptum) Is diverfly taken;
as the Commandment of the King, when upon his own
Motion he hath caft any Man into Prifon. Command
ment of the Fuftices, Abfolute or Ordinary; Abfo-
lute, where upon their own Authority they commit
a Perfon for Contempt, &c. to Prifon, as a Puniſh-
ment; Ordinary is when they commit one rather
for fafe Cuftody, than for any Puniſhment: And a
Man committed upon fuch an ordinary Command-
ment is replevifable Staundf. P. C. 72, 73. Perfons
committed to Prifon by the Special Command of the
King, were not formerly bailable by the Court of
King's Bench; but at this Day the Law-is otherwife
declared and fettled, as appears under Bail. 2 Hawk.
P. C. 96. In another Senſe of this Word; Magi-
ftrates may Command others to affift them in the
Execution of their Offices, for the doing of Juftice;
and fo may a Justice of Peace to fupprefs Riots,
apprchend Felons; an Officer to keep the King's Commendam, (Ecclefia Commendata, vel Cuftodia
Peace, &c. Bro. 3. A. Mafter may Command his Ecclefie alicui commiffa) Is the Holding of a Benefice
Servant to drive another Man's Cattle out of his or Church-Living, which being void, is commended
Ground, to enter into Lands, feize Goods, diftrain to the Charge and Care of fome fufficient Clerk, to
for Rent, or do other Things; if the Thing be not be fupplied until it may be conveniently provided
a Treſpaſs to others. Fitz. Abr. The Commandment of a Paftor: And he to whom the Church is com-
of a Thing is good, where he that Commands hath mended, hath the Profits thereof only for a certain
Power to do it: And a verbal Command in moft Ca- Time, and the Nature of the Church is not chang-
fes is ſufficient; unless it be where it is given by aed thereby, but is as a Thing depofited in his
Corporation, or when a Sheriff's Warrant is to a
Bailiff to arreft, &c. Bro. 288. Dyer 202. Command
ment is alſo uſed for the Offence of him that willeth
another Man to tranfgrefs the Law, or do any
Thing contrary to it: And in the most common
Signification, it is taken where one willeth another
to do an unlawful A&t; as Murder, Theft, or the
like: Which the Civilians call Mandatum. Bract.
lib. 3. c. 19. He that commandeth any one to do an
unlawful A&t, is Acceffary to it and all the Confe-
quences, if it be executed in the fame Manner as
commanded: But if the Commander revoke the Com-
mand; or if the Execution varies from it, or in the
Nature of the Offence, in fuch Cafe he will not be
Acceffary. 3 Inft. 51, 57. 2 Inft. 182. If a Man com-
mand another to commit a Felony on a particular
Perfon, and he doth it on another, as to kill A. and
he kills B. or to burn the Houfe of A. and he burns
the Houſe of B. or to fteal one Thing, and he ſteals
another; or to commit a Felony of one Kind, and
he commits another; it is faid that the Commander
is not an Acceffary, becauſe the A&t done varies in
Subftance from that which was commanded. H. P. C.
217. Plowd. 475. But where a Perfon commands or
adviſes another to kill fuch a one in the Night, and
he kills him in the Day; or to kill him in the Fields,
and he kills him in the Town; or to poifon him,
and he ftabs or fhoots him; thefe A&ts being the
fame Felony in Subftance with that which was in-
tended, and varying only in Circumftances, in Re-
ſpect to Time, Place, &c. the Commander is as much
an Acceffary as if there had been no Variance at
all between the Command and the Execution of it.
Hands in Truft, who hath nothing but the Cuftody
of it, which may be revoked. When a Parfon is
made Bishop, there is a Ceffion or Voidance of his
Benefice by the Promotion; but if the King by
Special Difpenfation gives him Power to retain his
Benefice, notwithstanding his Promotion, he fhall
continue Parfon, and is faid to hold it in Commendam.
Hob. 144. Latch 236. As the King is the Means of
Avoidances on Promotions to Dignities, and the
Prefentations thereon belong to him, he often on
the Creation of Bishops grants them Licenſes to
hold their Benefices in Commendam; but this is ufu-
ally where the Bishopricks are fmall, for the better
Support of the Dignity of the Bifhop promoted:
And it must be always before Confecration; for af-
terwards it comes to late, becaufe the Benefice is
then abfolutely void. A Commendam, founded on
the Statute 25 H. 8. is a Difpenfation from the fu-
preme Power, to hold or take an Ecclefiaftical Li-
ving contra jus Pofitivum: And there are feveral Sorts
of Commendams, as a Commendam Semeftris, which is
for the Benefit of the Church without any Regard
to the Commendatory, being only a Provisional A&t
of the Ordinary, for Supplying the Vacation of fix
Months, in which Time the Patron is to prefent his
Clerk, and is but a Sequeftration of the Cure and
Fruits until fuch Time as the Clerk is prefented:
A Commendam Retinere, which is for a Biſhop to re-
tain Benefices, on his Preferment; and thefe Com-
mendams are granted on the King's Mandate to the
Archbishop, expreffing his Confent, which conti-
nues the Incumbency, fo that there is no Occafion
for Inftitution. A Commendam Recipere is to take a
Benefice
;
I
CO
CO
Benefice de Novo in the Bishop's own Gift, or in the
Gift of fome other Patron, whofe Confent must be
obtained. Dyer 228. 3 Lev. 381. Hob. 143. Dav. 79.
A Commendam may be Temporary for fix or twelve
Months; two or three Years, &c. or it may be per-
petual, . e. for Life, when it is equal to a Prefen-
tation, without Inſtitution or Induction. But all
Difpenfations beyond fix Months, were only per-
miffive at first, and granted to Perfons of Merit:
The Commendam Retinere is for one or two Years, &c.
and fometimes for three or fix Years, and doth not
alter the Eftate which the Incumbent had before:
A Commendam Retinere, as long as the Commendatory
fhould live and continue Bishop, hath been held
good. Vaugh. 18. The Commendam Recipere must be
for Life, as other Parfons and Vicars enjoy their
Benefices; and as a Patron cannot prefent to a full
Church, fo neither can a Commendam Recipere be
made to a Church that is then full. Show. 414. A
Benefice cannot be commended by Parts, any more
than it may be prefented unto by Parts; as that
one fhall have the Glebe, another the Tithes, &c.
Nor can a Commendatory have a Juris Utrum, or take
to him and his Succeffors, fue or be fued, in a Writ
of Annuity, &c. But a Commenda perpetua may be
admitted to do it. 11 H. 4. Compl. Incumb. 360. See
1 Nelf. Abr. 454.
>
Commendatory, (Commendatarius) Is he that hath
a Church Living or Preferment in Commendam.
Commendatory Letters, Are fuch as are Writ
by one Bifhop to another, in Behalf of any of the
Clergy, or others of his Diocefe, travelling thither,
that they may be received among the Faithful: Or
that the Clerk may be promoted; or Neceffaries ad-
miniftred to the others, &c. feveral Forms of thefe
Letters may be feen in our Hiftorians, as in Bede,
lib. 2. c. 18.
the Bishop, he taking Preftation-Money of the
Archdeacon yearly pro exteriori Furifdictione, as it is
ordinarily called. But this is held to be a Wrong
to Archdeacons and the poorer Sort of People.
Cowel's Interp. 4 Inft. 338.
Commillion, (Ćommiffio) Is taken for the War-
rant or Letters Patent, which all Men exercifing
Jurifdi&tion either ordinary or extraordinary, have
to authorize them to hear or determine any Caufe
or Action: As the Commiffion of the Judges, &c.
Commiffion is with us as much as Delegatio with the
Civilians: And this Word is fometimes extended
farther than to Matters of Judgment; as the Com-
miffion of Purveyance, &c. Commiffions of Inquiry fhall
be made to the Juftices of one Bench or the other,
&c. and to do lawful Things, are grantable in many
Cafes: Alfo most of the great Officers, Judicial
and Minifterial, of the Realm, are made by Com-
miffion. And by fuch Commiffions, Treafons, Felonies,
and other Offences, may be heard and determined;
by this Means likewife, Oaths, Cognifance of Fines,
Anfwers are taken, Witneffes examined, Offices
found, &c. Bro. Abr. 12. Rep. 39. Stat. 42 É. 3. c. 4.
And moſt of theſe Commisions are appointed by the
King under the Great Seal of England: But a Com-.
miſſion granted under the Great Seal, may be deter-
mined by a Privy Seal; and by granting another
new Commiffion to do the fame Thing the former.
Commiffion determines; and on the Death or Demiſe
of the King, the Commiffions of Judges and Officers
generally ceafe. Bro. Commif. 2 Dyer 289. There
was formerly a High Commiffion Court founded on
1 Eliz. c. 1. but it was abolished by A& of Parlia-
ment 17 Car. I. c. 11.
Of Commiffions you may fee divers in the Table of
And by Stat. 13 Car. 2. c. 2.
the Register of Writs.
Commillion of Wuticipation, Was a Commission
under the Great Seal to collect a Tax or Subfidy
before the Day. 15 H. S.
Commiffion of Aociation, Is a Commiffion to
affociate two or more learned Perfons with the Ju-
tices in the feveral Circuits and Counties of Wales,
&c. 18 Eliz. c. 9.
Commiflion of Bankrupts, Where any Perfon
is become a Bankrupt within any of the Statutes
against Bankrupts, on Security given to prove the
Party a Bankrupt, &c. this Commiffion iſſues from
the Lord Chancellor to certain Commiffioners ap-
pointed to take Order with the Bankrupt's Lands
and Goods, for the Satisfaction of the Creditors.
Stat. 34 H. S. 13 Eliz. c. 7. 1 Fac, I, &c.-
Commendatus, One that lives under the Pro-
tection of a Great Man. Spelm. Commendati Homines
were Perfons who by voluntary Homage put them-
felves under the Protection of any fuperior Lord:
For ancient Homage was either Predial, due for
fome Tenure; or Perfonal, which was by Compul-
fion, as a Sign of neceflary Subjection; or volun-
tary, with a Defire of Protection: And thofe, who by
voluntary Homage put themselves under the Protec-
tion of any Men of Power, were fometimes call'd Ho-
mines ejus Commendati; and fometimes only Commen-
dati, as often occurs in Domeſday. Commendati Dimidii
were thoſe who depended on two feveral Lords, and
paid one Half of their Homage to each: And Sub-
Commendati were like Under-Tenants, under the
Command of Perſons that were Dependants them-
felves on a ſuperior Lord: Alfo there were Dimidii
Sub-commendati, who bore a double Relation to fuch
depending Lords. Domefday. This Phrafe feems to
be ſtill in Uſe, in the uſual Compliment, Commend | c. 4.
me to fuch a Friend, &c. which is to let him know,
I am his humble Servant. Spelm. of Feuds, cap. 20.
Commerce, (Commercium) Traffick, Trade or
Merchandize in Buying and Selling of Goods.
See Merchant.
Commillion of Charitable Ufes, Goes out of the
Chancery to the Bishop and others, where Lands
given to Charitable Ufes are mif employ'd, or
there is any Fraud or Difputes concerning them,
to enquire of and redrefs the Abufe, &c. 43 Eliz
traordinary Occafions and Corruptions.
Commiflion of Delegates, Is a Commiffion un-
der the Great Seal to certain Perfons, ufually two
or three Temporal Lords, as many Bifhops, and
rwo Judges of the Law, to fit upon an Appeal to the
King in the Court of Chancery, where any Sen-
Commillary, (Commiſſarius) Is a Title in the Ec-tence is given in any Ecclefiaftical Caufe by the
clefiaftical Law, belonging to one that exercifeth Archbishop. Stat. 25 H. S. c. 19.
Spiritual Jurifdi&ion, in Places of a Diocefe which Commillion to enquire of Faults again the
are fo far from the Epifcopal City, that the Chan-Law, Was an ancient Commiflion fent forth on ex-
cellor cannot call the People to the Bishop's Princi-
pal Confiftory Court, without their too great In-
convenience. This Commiffary was ordained to fup-
ply the Bishop's Jurifdiction and Office in the Out-
places of the Diocefe; or in fuch Places as are
peculiar to the Bishop, and exempted from the Ju-c. 10.
rifdi&tion of the Archdeacon: For where, either by Commillion of Rebellion, Otherwife called a
Prefeription or Compoſition, Archdeacons have Ju-Writ of Rebellion, iffues when a Man after Pro-
rifdi&ion within their Archdeaconries, as in moftclamation made by the Sheriff, upon a Proceſs our of
Places they have, this Commiffary is fuperfluous and the Chancery, on Pain of his Allegiance, to prefent
oftentimes vexatious, and ought not to be; yet in himself to the Court by a Day affign'd, makes De-
fuch Cafes a Commiffary is fometimes appointed by fault in his Appearance: And this Commiffion is di-
Commillion of Lunacy, A Commiffion out of
Chancery to enquire whether a Ferfon reprefented
to be Lunatick be fo or not, that if Lunatick the
King may have the Care of his Eftate, &c. 17 Ed. z
Rr
rected
CO
CO
O
O
rected to certain Perfons, to the End they, Three
Two, or one of them apprehend the Party, or
caufe him to be apprended as a Rebel and Con
temner of the King's Laws, wherefoever found with-
in the Kingdom, and bring or caufe him to be
brought to the Court on a Day therein affigned:
This Writ or Commiffion goes forth after an At
tachment returned, Non eft inventus, &c. Terms de
Ley 144.
equal, he has a cafting Voice, otherwife he hath no
Vore in the Committee; and after the Chairman hath
put the Queftion for Reporting to the Houfe, if that
be carried, he leaves the Chair, and the Speaker
being called to his Chair, (who quits it in the Begin-
ning, and the Mace is laid under the Table) he is
to go down to the Bar, and fo bring up his Report
After a Bill is read a fecond Time in
to the Table
the Houle of Commons, the Queſtion is pur, whe-
ther it fhall be committed to a Committee of the whole
Houfe, or a Private Committee; and the Committees
meet in the Speaker's Chamber, and report their
Opinion of the Bill with the Amendments, c. And
if there be any Exceptions against the Amendments
reported the Bill may be recommitted: Eight Perfons
Commillion of Treaty with Foreign Princes, make a Committee, which may be adjourned by Five,
Is where Leagues and Treaties are made and tranfc. Lex Conftitutionis 147, 150. There is a Committee
acted between States and Kingdoms, by their Em-
baffadors and Minifters, for the mutual Advantage
of the Kingdoms in Alliance.
Commillion of Sewers, Is directed to certain
Perfons to fee Drains and Ditches well kept and
maintained in the marshy and fenny Parts of Eng-
land, for the better Conveyance of the Water into
the Sca, and preferving the Grafs upon the Land.
Stat. 23 H. 8. c. 5 13 Eliz. c. 9.
Commillion to take up Men for War, Was a
Commiffion to prefs or force Men into the King's
Service.
|
of the King, mentioned in Weft's Symb. Tit. Chancery,
Sect. 144. And this hath been uted, tho' improper-
ly, for the Widow of the King's Tenant being dead,
who is called the Committee of the King, that is, one
committed by the ancient Law of the Land to the
King's Care and Protection. Kitch. fol. 160. See
Parliament.
Commitment, Is the fending of a Perfon to Pri-
fon, by Warrant or Order, who hath been guilty
of any Crime: And it may be by the King and
Council, by the Judges of the Law, juftices of Peace,
and other Magiftrates, who have Authority by the
Laws and Statutes of the Realm to do it, which
must be exactly purfued. Every Commitment to Pri-
the Hand and Seal of him that commits the Party;
and the Caufe of Commitment is to be expreffed in
the Warrant, &c. And where a Man is committed
as a Criminal, it must be until he is difcharged ac-
cording to due Courſe of Law; but if it be for Con-
tumacy, then 'tis only until he comply and perform
the Thing required. Carthew's Rep. 153. If the
Words of a Statute are not pursued in a Commit-
ment, the Party fhall be difcharged by Habeas Corpus.
Ibid. 291. See Bail, Imprisonment.
>
Commoigne, (Fr.) A Word fignifying a Fellow
Monk, that lives in the fame Convent. 3 Inft. 15.
Commiffioner, (Commiffionarius) Is he that hath a
Commiffion, Letters Patent, or other lawful War-
rant, to examine any Matters, or to execute any
publick Office, &c. And fome Commiffioners are to
hear and determine Offences, without any Return
made of their Proceedings; and others to Inquire
and Examine, and certify what is found. 4 H. 4. 9.
Commiffioners by the Common Law muft purfue the
Authority of the Commiffion, and perform the Effon ought generally to be made by Warrant under
fect thereof; and they are to obferve the ancient
Rules of the Courts whence they come; and if they
do any Thing for which they have not Authority,
it will be void. 2 Co. Rep. 25. Co. Lit. 157. The Of
fice of Commiſſioners is to do what they are command
ed; and it is neceffarily implied, that they may do
that also, without which what is commanded cannot
be done Their Authority when appointed on any
Statute Law, must be ufed as the Statutes preferibe.
12 Rep. 32. If a Commiffion is given to Commiffioners
to execute a Thing against Law, they are not
bound to accept or obey it: Commiffioners not receiv.
ing a Commiffion may be difcharged, upon Oath
before the Barons of the Exchequer, &c. and the
King by Superfedeas out of Chancery, may discharge
Commiffioners. Befides Commiffioners relating to ju-
dicial Proceedings; there are Commiffioners of the
Treasury, of the Cuftoms, Wine-Licences, Alienations,
c. of which there is an infinite Number.
Committee, Are they to whom the Confideration
or Ordering of any Matter is referred, by fome
Court, or by Confent of Parties to whom it belongs:
As in Parliament, a Bill either confented to and
paffed, or denied, or neither, but referred to the
Confideration of certain Perfons appointed by the
Houſe farther to examine it, who are thereupon
called a Committee. And when a Parliament is cal-
led, and the Speaker and Members have taken the
Oaths, and the ftanding Orders of the Houfe are
read, Committees are appointed to fit on certain
Days, viz. The Committee of Privileges and Elections, of
Religion, of Grievances, of Courts of Justice, and of
Trade; which are the ftanding Committees. But tho'
they are appointed by every new Parliament, they Common, Communia, (i. e. Quod ad omnes pertinet)
do not all of them a&, only the Committee of Privi-Signifies that Soil whereof the Ufe is common to this
leges; and this being not of the whole Houfe, is or that Town or Lordship, Or it is a Profit that a
first called in the Speaker's Chamber, from whence Man hath in the Land of another Perfon, ufually
it is adjourned into the Houfe, every one of the in Common with others; or a Right which a Perfon
Houſe having a Vote therein, tho' not named, which hath to put his Cattle to Pafture into Ground that
makes the fame ufually very numerous: And any is not his own. And there is not only Common of
Member may be prefent at any fele& Committee; Pasture; but also Common of Fishing; Common of Efto-
but is not to Vote unless he be named. The Chair-vers; Common of Turbary, &c. and in all Cafes of
man of the Grand Committee, who is always fome
leading Member, fits in the Clerk's Place at the
Table, and writes the Votes for and against the
Matter referred to them; and if the Number be
2
Commonalty, (Populus, Plebs, Communitas) In
Art. Super Chartas, 28 Ed. 1. c. 1. Tout le Commune
d'Engleterre fignifies all the People of England. 2 Inft.
539. But this Word is generally used for the middle
Sort of the King's Subjects, fuch of the Commons
as are raifed beyond the ordinary Sort, and coming
to have the Managing of Offices, by that Means are
one Degree under Burgeffes, which are fuperior to
them in Order and Authority; and in Companies
incorporated, they are faid to confift of Mafters,
Wardens, and Commonalty, the firft Two being the
Chief, and the others fuch as are ufually called of
the Livery. The ordinary People, and Freehol-
ders, or at beft Knights and Gentlemen, under the
Degree of Baron, having been of late Years called
Communitas Regni, or Tota terre Communitas; but an-
ciently the Barons and Tenants in Capite, or military
Men, were the Community of the Kingdom; and
thofe only were reputed as fuch in our mot ancient
Hiftories and Records. Brady's Gloff. to his Introduct.
to Engl. Hift.
!
·
Common, the Law doth much refpect the Cuſtom of
the Place, for there the Rule is Confuetudo loci eft ob-
fervanda. 7 Rep. 5. Common of Pafture is divided into
Common in Grofs, Common Appendant, Comnion Appur-
tenant
#
$
J
4
CO
CO
:
•
4
monable Cattle, as Hogs, Goats, &c. are appurte
nant: This Common may be created by Grant at this
Day; fo may not Common appendant. I Inft. 122.
tenant, and Common pur Caufe de Vicinage. Common in Common in a Field after the Gorn is fever'd, till the
Grofs is a Liberty to have Common alone, without Ground is refown: So it may be to have Common in a
any Lands or Tenements, in another Perfon's Land, Meadow after the Hay is carried off the fame till
granted by Deed to a Man and his Heirs, or for Candlemas, &c. Telv. 185. This Common, which is in
Life, &c. FN. B. 31, 37. 4 Rep. 30. Common Appen its Nature without Number, by Culton may be li-
dant is a Right belonging to a Man's arable Land, mited as to the Beafts: Common Appurtenant ought
of putting Beaſts commonable into another's Ground. always to be for thofe Levant and Couchant, and may
And Common Appurtenant is belonging to an Eſtate for be Sans Number. Plowd. 161, A Man may preſcribe
all Manner of Beafts commonable or not commonable. to have Common Appurtenant for all Manner of Cat-
4 Rep. 37. Plowd. 161. Common Appendant and Ap-tle, at every Seafon in the Year. 25 Aff. S. Common
purtenant, are in a Manner confounded, as appears by Preſcription for all Manner of Commonable Cattle
by Fitzherbert; and are there defined to be a Liber- as belonging to a Tenement, &c. must be for Cattle
ty of Common appertaining to or depending on a Levant and Couchant upon the Land, (which is fo
Freehold; which Conmon must be taken with Beafts many as the Land will maintain) or it will not be
commonable, as Horfes, Oxen, Kine and Sheep; and good: And if a Perfon grants common fans Number,
not with Goats, Hogs and Geefe. But fome make the Grantee cannot put in fo many Cattle, but that
this Difference, that Common Appurtenant may be the Grantor may have fufficient Common in the fame
fevered from the Land whereto it pertains; but not Land. 1 Danv Abr. 798, 799. He who hath Common
Common Appendant, which, according to Sir Edward Appendant or Appurtenant, can keep bur a Number
Coke, had this Beginning: When a Lord enfeoffed of Cattle proportionable to his Land; for he can
another of arable Land, to hold of him in So- common with no more than the Lands to which his
cage, the Fcoffee to maintain the Service of his Common belongs is able to maintain. 3 Salk. 93.
Plough, had at firft by the Curtefy or Permiffion Common Appurtenant may be to a Houfe, Pafture, &c.
of the Lord, Common in his Waftes for neceffary tho' Common Appendant cannot; but it ought to be
Beats to car and compoft his Land, and that for prefcribed for as against Common Right: And uncom-
two Cauſes; one, for that it was tacitly implied in
the Feoffment, by Reafon the Feoffee could not
till or compoft his Land without Cattle, and Cattle
could not be fuftained without Pafture; fo by Con- Roll. Abr. 398. If a Man grant Common to another
fequence the Feoffee had, as a Thing neceffary and in Land wherein he hath nothing, if he afterwards
incident, Common in the Wafte and Lands of the purchaſes the Land, this fhall be a good Common ap
Lord And this may be collected from the anci- purtenant: And it is not neceffary that he ſhould
ent Books and Statutes: And the fecond Reafon have the Land at the Time of the Grant. I Dano.
of this Common was, for the Maintenance and Ad- 800. If A. hath Common in the Lands of B. as ap
vantage of Tillage, which is much regarded and purtenant to a Meffuage, and after B. enfeoffs A. of
favoured by the Law. F. N. B. 180. 4 Rep. 37. Com- the faid Lands, whereby the Common is extinguish-
mon pur Caufe de Vicinage, Common by Reafon of ed; and then A. leafes to B. the faid Meffuage and
Neighbourhood, is a Liberty that the Tenants of Lands, with all Commons, &c. Occupat vel ufitat' cum
one Lord in one Town have to Common with the pned. Meffuagio; this is a good Grant of a new Com-
Where a Perfon
Tenants of another Lord in another Town: It is mon for the Time. Cro. Eliz. 570.
where the Tenants of two Lords have ufed Time Purchaſes Part of the Land wherein he hath Com-
out of Mind to have Common promifcuouſly in both mon, the whole Common is extin&t and gone. Cro.
Lordships, lying together and open to one another. Eliz. 594. If feveral Perfons are ſeiſed of ſeveral
8 Rep. 78. And thofe that challenge this Kind of Parts of a Common, and a Commoner purchaſes the
Common, which is ufually called Intercommoning, Inheritance of one Part, his entire Common is extinct.
When a Man hath Common Appendant
may not put their Cattle in the Common of the o- And. 159.
ther Lord, for then they are diftrainable; but they for a certain Number of Cattle, and to a certain
may turn them into their own Fields, and if they Parcel of Land, if he fell Part of it, the Common is
fray into the Neighbour Common, they must be fuf- not extinguished; for the Purchafer shall have Com-
fered. Terms de Ley 146. The Inhabitants of one mon pro rata: But 'tis otherwife in Common Appurte
Town or Lordſhip may not put in as many Beafts nant. S Rep. 78. 1 Nelf. 460. Common Appurtenant
as they will, but with Regard to the Freehold of for a certain Number of Beafts may be granted o-
the Inhabitants of the other; for otherwife it were ver. 1 Danv. 802. A Man may ufe Common Appur-
no good Neighbourhood, upon which all this de- tenant to his Manor, with: Cattle which are for
pends. Ibid. If one Lord enclofes the Common, the his Houfhold; tho' it is faid he cannot uſe it with
other Town cannot then common; but though the Cattle which are to fell. Lords of Manors may de-
Common of Vicinage is gone, Common Appendant re- pafture in Commons where their Tenants putin Cat-
mains. 7 Rep. 5. 4 Rep. 38. Every Common pur Caufe tle; and a Prefcription to exclude the Lord is a-
The Commoner cannot use
de Vicinage is a Common Appendant. 1 Danv. Abr. 799. gainft Law. 1 Inft. 122.
Common Appendant is only to ancient arable Land; Common but with his own proper Cat le: But if he
not to a Houſe, Meadow, Pafture, &c. It is againſt hath not any Cattle to manure the Land, he may
the Nature of Common Appendant, to be appendant borrow other Cattle to manure it, and use the Com-
to Meadow or Pafture: But if in the Beginning mon with them; for by the Loan, they are in a
Land be` arable, and of late a Houfe hath been Manner made his own Cattle. 1 Danv. 798. Grantee
built on fome Part of the Land, and fome Acres of Common Appurtenant, for a certain Number of
are employ'd to Meadow and Pafture, in fuch Cafe Cattle, cannot Common with the Cattle of a Stran-
it is appendant; tho' it muſt be pleaded as appendant ger: He that hath Common in Grofs, may put in a
to the Land, and not to the Houfe, Paftüre, &c. Stranger's Cattle, and use the Common with fuch Cat-
1 Nelf. Abr. 457. This may be Common Appendant, tle. Ibid. 803. Common Appendant or Appurtenant,
tho' it belongs to a Manor, Farm, or Plough land: cannot be made Common in Grofs: And Approvement
And Common Appendant is of Common Right; but it extends not to Common in Grofs. 2 Inft. S6. The Lord
is not Common Appendant, unless it has been appen. may agilt the Cattle of a Stranger in the Common by
dant Time out of Mind. i Dano. 746. It may be Prefeription: And he may Licence a Stranger to
upon Condition; be for all the Year, or for a cer- put in his Cattle, if he leaves fufficient Room for
1 Darv. 795. 2 Mod. 6. Alfo the
tain Time, or for a certain Number of Beafts, &c. the Commoners.
by Ufage: Tho' it ought to be for fuch Cattle as Lord may furcharge, &c. an Overplus of the Com
plough and compoſt the Land, to which it is ap-mon: And if, where there is not an Overplus, the
pendana. Ibid. 197. Common Appendant may be to Lord furcharges the Common, the Commoners are not
.
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to diftrain his Beafts; but muft commence an Action makes an Alienation another, the laft Feoffee
against the Lord. F. N. B. 125. But it is faid, if may not have it, for he fhall not have a better
the Lord of the Soil put in Cattle into a Clofe, Eftate in the Land than his Feoffor had. Fitz. Abr.
contrary to Cuftom, when it ought to lie fresh, a Comm. 255. By Statute, Lords may approve against
Commoner may take the Cattle Damage-feazant: O- their Tenants, viz. inclofe Part of the Wafte, &c.
therwife it is a general Rule that he cannot diftrain and thereby difcharge it from being Common, leav-
the Cattle of the Lord. 1 Dany. S07. A Commonering Common fufficient; and Neighbours as well as
may diffrain Beafts put into the Common by a Stranger, Tenants claiming Common of Pature, fhall be bound
or every Commoner may bring Action of the Cafe, by it. 20 H. 3. c. 4. If the Lord enclofes on the
where Damage is received. 9 Rep. 112. But one Common, and leaves not Common fufficient, the Commo-
Commoner cannot diftrain the Cattle of another Com-ners may not only break down the Inclofures; but
moner, tho' he may thofe of a Stranger, who hath may put in their Cattle, although the Lord ploughs
no Right to the Common. 2 Lutw. 1238. The Lord and fows the Land. 2 Inft. 88. 1 Roll. Abr. 406. Up--
may diftrain where the Common is furcharged; and on Agreement between two Commoners to encloſe a
bring Action of Trefpafs for any Trefpafs done in Common, a Party having Intereft not privy to the
the Common. 9 Rep. 113. Where a Commoner furchar- Agreement, will not be bound; but one or two wil-
ges the Common, the other Commoners may have a ful Perfons fhall not hinder the publick Good. Chan.
Writ of Admeaſurement; and Admeaſurement is to Rep. 48. Commons must be driven yearly at Michael-
be according to the Quality and Quantity of the mas or within fifteen Days after; infected Horfes,
Freehold, and for all the Cattle which are upon and Stone-Horfes under Size, c. are not to be pur
the Land. It lies only by one Commoner againſt an- into Commons under Fo: feitures, by Stat. 32 H. S. c. 13.
other; but not againſt a Commoner fans Number; nor New erected Cottages, tho' they have four Acres
againſt the Lord, in which Cafe there must be an of Ground laid to them ought not to have Common
Affife. 1 Danu. 809. If a Man be diffeifed of his in the Wafte. 2 Inft. 740. In Law Proceedings, where
Common, he fhall have an Affife. New Nat. Br. 399. there are two diftinct Commons, the two Titles mult
If any Commoner incloſes, or builds on the Common, be fhewn: Cattle are to be alledged commorable;
every Commoner may have an Action for the Damage. and Common ought to be in Lands commonable: And
Where Turf is taken away from the Common, the the Place is to be fet forth where the Meffuage and
Lord only is to bring the Action: But 'tis faid the Lands lie, &c. to which the Common belongs. i Nelf.
Commoners may have an Action for the Trefpafs, by 462, 463.
entering on the Common, &c. 1 Roll. Abr. 89, 398. Common of Eftovers, Is a Right of taking Wood
2 Leon. 201. If a Commoner who hath a Freehold out of another Man's Woods, for Houſe-bote,
in his Common be oufted of, or hindered therein, that Plough bote, and Hay-bote. What Botes are ne
he cannot have it fo beneficially as he ufed to do; ceffary, Tenants may take, notwithstanding no Men-
whether the Interruption he by the Lord or any tion be made thereof in their Leafes; but if a Te.
Stranger, he may have an Affife against him: But pant take more Houfe-bote than is needful, he may
if the Commoner hath only an Eftate for Years, be punished for Waftc. Terms de Ley 387, 396. Te-
then his Remedy is by Action on the Cafe. And if nants for Life may take upon the Land demiſed
it be only a ſmall Trefpafs, that is little or no Lofs reafonable Eftovers, unleſs reftrained by Special
to the Commoner, but he hath Common enough be- Covenant: And every Tenant for Years hath three
fides; the Commoner may not bring any Action. 8 Rep. Kind of Eftovers incident to his Eſtate. 1 Inft. 41.
19. 4 Rep. 37. Dyer 316. A Commoner cannot dig When a Houfe having Eftovers appendant or appur-
Clay on the Common, which deftroys the Grafs, and tenant, is blown down by Wind, if the Owner re-
carrying it away doth Damage to the Ground: So builds it in the fame Place and Manner as before,
that the other Commoners can't enjoy the Common in his Eftovers fhall continue: So if he alters the
tam amplo modo as they ought. Godb. 344. Alfo a Rooms and Chambers, without making new Chim-
Commoner may not cut Buſhes, dig Trenches, c. nies; but if he erect any new Chiminies he will
in the Common, without a Cuftom to do it. I Nelf not be allowed to ſpend any Eftovers in fuch new
462. If he makes any Thing de novo, he is a Tref Chimnies. 4 Rep. 87. 4 Leon. 383. If one have a
paffer: He can do nothing to impair the Common: Dwelling-houfe whereunto Common of Eftovers doth
but may reform a Thing abufed, fill up Holes, dig belong, and the Houfe by Fire is burnt down, and
down Mole-hills, &c. for Improvement. 1 Brownl. a new one built near to the Place, or in the Place
208. A Lord may make a Pond on the Common: in another Form, the Eftovers are gone: But if the
Tho' the Lord cannot dig Pits for Gravel or Coal; old Houfe be only fome of it down, it is otherwife;
the Statutes of Approvement being only by Inclo- and in all Cafes where the Alterations to a Houte
fure. 3 Inst. 204. 1 Sid. 106. If the Lord makes a do no Prejudice to the Tertenant or Owner of the
Warren on the Common, the Commoners may not kill Land or Wood, the Eftovers will remain. F. N. B.
the Conies; but are to bring their A&tion, for they 180. Where a Man hath Eftovers for Life, if the
may not be their own Judges. 1 Roll. 90, 405. The Owner cut down all the Wood, that there is none
Property of the Soil in the Common is entirely in the left for him, he may bring an Affife of Eftovers; and
Lord; and the Ufe of it, jointly in him and the if the Tenant have but an Eftate for Years, or at
Commoners. No Commoner can make the Grafs that Will, he may have Action of the Cafe. Moor C1. 65.
grows on the Common, otherwife than by depaftu- 9 Rep. 112. If the Tenant who hath Common of
ring it; nor can he meddle with the Soil: But if ftovers, fhall ufe them to any other Purpoſe than he
the Owner of the Soil, fer up a Hedge on the Com-ought, he that owns the Wood may bring Trefpals
mon, the Commoner may throw it down. 15 H.. 7. A against him: As where one grants twenty Loads of
Commoner may abate Hedges erected on a Common; Wood, to be taken yearly in fuch a Wood, ren
for tho' the Lord hath an Intereft in the Soil, by a-
bating the Hedges, the Commoner doth not meddle
with it. 2 Mod. 65. Any Man may by Prefcription
have Common and feeding for his Cattle in the King's
Highway, although the Soil doth belong to another.
Hill. 42 Eliz. But the Occupation of Common by
Ufurpation, will not give Title to him that doth
Occupy it, unless he hath had it Time beyond Me-
And if a Man enfeoffed of Land, by reafon
of which he hath Right to common, aliens it to one
who doth not take or uſe the Common; and then he
4
mory.
Loads to burn, and ten to repair Pales; here he
may cut and take the Wood for the Pales, though
they need no amending, but then he must keep it
for that Ufe. 9 Rep. 113. F. N. B. 58, 159.
Common of Pifcary, Is a Liberty of Fishing in
another Men's Water. Common of Pifcary to exclude
the Owner of the Soil, is contrary to Law: Tho'
a Perfon by Prefeription may have a feparate
Right of Fiſhing in fuch Water, and the Owner
of the Soil be excluded; for a Man may grant the
Water; without paffing the Soil: And if one grant
Separalem
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Separalem Pifcariam, neither the Soil nor the Water
pafs, but only a Right of Fishing. I Inft. 4, 122
164. 5 Rep. 34. No Perfon fhall fish in any Ri-
ver without the Owner's Confent, under Penal
ties: And Nets, Angles, &c. fhall be feifed and de-
troyed, by Stat. 22 & 23 Car. 2. c. 25. See Fish and
Fishing.
Common of Turbary, Is a Licence to dig Turf
upon the Ground of another, or in the Lord's
Wafte. This Common is appendant or appurtenant
to an Houſe, and not to Lands; for Turfs are to
be burnt in the Houfe: And it may be in Grofs; but
it does not give any Right to the Land, Trees, or
Mines. It cannot exclude the Owner of the Soil.
1 Inft. 4. 4 Rep. 37.
There is a Common or Liberty of digging Coals,
and Gravel, Sand, &c. as well as Turf.
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Men in all Ages. And it is the Common Birth-
right, that the Subject hath for the Safe guard and
Defence, not only of his Goods, Lands, and Re-
venues; but of his Wife and Children, Body, Fame,
and Life alfo. Co. Litt. 97, 142. Treatiſe of Laws, p.
2. According to Hale, the Common Law of England,
is the common Rule for adminiftring Juftice, within
this Kingdom, and afferts the King's Royal Pre-
rogatives, and likewife the Rights and Liberties of
the Subjects: 'Tis generally that Law, by which the
Determinations in the King's Ordinary Courts are
guided; and this directs the Courſe of Difcents
of Lands; the Nature, Extent and Qualification of
Eftates; and therein the Manner and Ceremonies
of conveying them from one to another; with the
Forms, Solemnities and Obligation of Contracts;
the Rules and Directions for the Expofition of
Common Bench, (Bancus Communis, from the Sax. Deeds, and A&ts of Parliament: The Process, Pro
Banc, Bank, and thence metaphorically a Bench, ceedings, Judgments and Executions of our Courts
high Seat or Tribunal.) The Court of Common Pleas of Juftice; alfo the Limits and Bounds of Courts,
was anciently called Common Bench, becauſe Com- and Jurifdi&tions; the feveral Kinds of Temporal
munia Placita inter fubditos ex jure noftro, quod Com-Offences and Punishments; and their Application,
mune vocant, in hoc difceptantur: That is, the Pleas &c. Sir Matthew Hale's Hift. of the Law. pag. 44,
or Controverfies between common Perfons are there 45, and 24. As to the Rife of the Common Law,
tried and determined. Camb. Britan. 113. In Law-this Account is given by fome ancient Writers:
Books and References the Court of Common Pleas After the Decay of the Roman Empire, three Sorts
is writ C. B. *from Communi Banco. And the Juftices of the German People invaded the Britons, viz. the
of that Court are ftiled Justiciarii de Banco. See Saxons, the Angles, and the Futes; from the last
Common Pleas.
fprung the Kentish Men, and the Inabitants of the
Isle of Wight; from the Saxons came the People
called East, South, and West Saxons; and from the
Angles, the East Angles, Mercians and Northumbri-
ans: Thefe People having different Cuftoms,
they inclined to the different Laws by which their
Ancestors were governed; but the Cuftoms of the
Weft-Saxons and Mercians, who dwelt in the Mid-
land Counties, being preferred before the Reft,
were for that Reafon called Fus Anglorum; and
by thefe Laws thofe People were governed for
many Ages: But the Eaft Saxons having afterwards
been fubdued by the Danes, their Cuftoms were
introduced, and a third Law was fubftituted,
which was called Dane-Lage; as the other was
then tiled Weft Saxon Lage, &c. At length the
Danes being overcome by the Normans, William cal
led the Conqueror, upon Confideration of all thofe
Laws and Customs, abrogated fome, and eſtabliſhed
others; to which he added fome of his own Coun
try Laws, which he judged moft to conduce to the
Prefervation of the Peace: And this is what we
now call the Common Law. But though we uſually
Commons Houfe of Parliament, Is the Lower date our Common Law from hence, this was not the
Houfe of Parliament, fo called, becauſe the Com-Original of the Common Law; for Ethelbert, the first
mons of the Realm, that is, the Knights, Citizens,
and Burgeffes returned to Parliament, reprefenting
the whole Body of the Commons, do fit there.
Crompt. Jurifd. See Parliament.
Common Day in Plea of Land, Signifies an or-
dinary Day in Court, as Octabis Hillarii, Quindena
Pafche, c. It is mentioned in the Stat. 51 H. 3
concerning general Days in Bank.
Common Fine, (Finis Communis) A fmall Sum of
Money, which the Refiants within the Liberty of
fome Leets pay to the Lords, called in divers Places
Head-Silver or Head Pence, in others Cert-Money;
and was first granted to the Lord, towards the
Charge of his Purchaſe of the Court-Leet, whereby
the Refiants have the Eafe to do their Suit within
their own Manors, and are not compellable to go
to the Sheriff's Turn: In the Manor of Sheapfhead
in the County of Leicester, every Refiant pays 1d.
per Poll to the Lord af the Court held after, Michael
mas, which is there called Common Fine. For this
Common Fine the Lord may diftrain; but he cannot
do it without a Prefcription. 11 Rep. 44. There is
alfo Common Fine of the County.- Quod Communes
Mifericordia, vel Fines Comitatuum amerciatorum in
Finibus itinerum Justiciariorum, &c. Fleta, lib. 7.
c. 48. See Stat. 3 Ed. 1. c. 18.
Common Intendment, Is common Meaning or
Understanding, according to the Subject Matter,
not ftrained to any extraordinary or foreign Senfe:
Bar to Common Intendment is an ordinary or general
Bar, which commonly difables the Plaintiff's De
claration. There are feveral Cafes in the Law
where Common Intendment, and Intendment take
Place: And of Common Intendment a Will fhall not
be fuppofed to be made by Collufion. Co. Litt. 78.
Chriftian King of this Nation, made the firft Saxon
Laws, which were publifhed by the Advice of fome.
wife Men of his Council: And King Alfred, who
lived 300 Years afterwards, being the firit fole Mo-
narch after the Heptarchy, collected all the Saxon
Laws into one Book, and commanded them to be
obferved through the whole Kingdom, which before.
only affected certain Parts thereof; and it was
therefore properly called the Common Law, becauſe
it was common to the whole Nation; and foon after
it was called the Fele Right, i e. the People's Right.
Alfred was filed Anglicarum Legum Conditor: And
when the Danes had introduced their Laws on the
Common Law, (Lex Communis) Is taken for the Conqueft of the Kingdom, they were afterwards
Law of this Kingdom fimply, without any other deftroyed; and Edward the Confeffor out of the for-
Laws; as it was generally holden before any Sta- mer Laws compofed a Body of the Common Law;
tute was enacted in Parliament to alter the fame: wherefore he is called by our Hiftorians Anglicarum
And the King's Courts of Justice, are called the Legum Reftitutor. Blount. In the Reign of Edw. 1.
Common Law Courts. The Common Law is grounded Britton wrote his learned Book of the Common Law
upon, the general Cuftoms of the Realm; and in-of this Realm, which was done by the King's Com
cludes in it the Law of Nature, the Law of God, mand, and runs in his Name, anfwerable to the
and the Principles and Maxims of the Law: It is Inftitutions of the Civil Law, which Juftinian af
founded upon Reafon; and is faid to be the Perfumes to himſelf, though compofed by others.
fection of Reason, acquired by long Study, Obfer- Staundf. Prerog. 6, 21. This Britton is mentioned by
vation and Experience, and refined by Learned Gwin to be Bishop of Hereford. Bratton, a great
Lawyer,
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Lawyer, in the Time of Hen. 3. wrote a very
learned Treatife of the Common Law of England,
held in great Eftimation; and is faid to be Lord
Chief Juftice of the Kingdom. And the famous
and learned Glanvil, Lord Chief Justice in the Reign
of Hen. 2. wrote a Book of the Common Law, which
is faid to be the molt antient Compofition extant
on that Subject. Befides thefe, in the Time of Ed.
4. the renowned Lawyer Littleton wrote his excel-
lent Book of English Tenures. In King James the
First's Reign, the great Oracle of the Law, Sir Ed-
ward Coke, published his learned and laborious In-
ftitutes of our Law, and Commentaries on Littleton.
About the fame Time likewife Dr. Cowel, a Civilian,
wrote a fhort Inftitute of our Laws. And in the
Reign of King George the First, Dr. Tho. Wood, a
Civilian and Common Lawyer, and at laft Divine,
wrote an Inftitute of the Laws of England, which
is fomething after the Manner of the Inftitutes of
the Civil Law.
:
·
the Clerk of the Warrants, Clerk of the Effoins,
fourteen Filazers, four Exigenters, a Clerk of the
Furies, the Chirographer, Clerk of the King's Silver,
the Clerk of the Treasury, Clerk of the Seal, of Out-
lawries, and the Clerk of the Inrolment of Fines and
Recoveries, Clerk of the Errors, &c. The Cuftos Bre-
vium is the Chief Clerk in this Court, who receives
and keeps all Writs returnable therein; and all Re
cords of Nifi Prius, which are delivered to him by
the Clerks of the Affife of every Circuit, &c. and
he files the Rolls together, and carries them into
the Treafury of Records: He alfo makes out Exem-
plifications, and Copies of all Writs and Records,
&c. The Prothonotaries enter and inrol all Declara-
tions, Pleadings, Judgments, &c. and they make
out all judicial Writs, Writs of Execution, Writs of
Privilege, Procedendo's, &c. The Secondaries are Af
fiftants to the Prothonotaries in the Execution of
their Offices; and they take Minutes, and draw up
all Orders and Rules of Court. The Filazers, who
Common Pleas, (Communia Placita) Is one of have the feveral Counties of England divided among
the King's Courts now conftantly held in Weftmin- them, make out all mefne Procefs, as Capias, Alias,
fter Hall; but in ancient Time was moveable, as ap- Pluries, &c. between the Original Writ and the De-
pears by Magna Charta, cap. 11. Gwyn, in the Pre-claration; and they make all Writs of View, &c.
face of his Reading, fays, 'That till Hen. 3. granted The Exigenters, appointed for feveral Counties,
the Great Charter there were but two Courts, make out all Exigents and Proclamations in order
called the King's Courts, viz. the King's Bench and to Outlawry. The Clerk of the Warrants, enters all
the Exchequer, which were then filed Curia Domini Warrants of Attorney; inrols Deeds of Bargain and
Regis, and Aula Regis, becauſe they followed the Sale; and cftreats all Iffucs. The Clerk of the Effoins,
Court or King; and that upon the Grant of that keeps the Roll of the Effoins, wherein he enters
Charter, the Court of Common Pleas was erected them, and Nonfuits, &c. The Clerk of the Furies
and fettled in one certain Place, i.e. Westminster makes out all Writs of Habeas Corpora Furator', for
ball; and after that, all the Writs ran Quod fit coram Juries to appear; and he enters the Continuances
Fufticiariis meis apud Weftm. whereas before, the Par- till the Verdict given. The Clerk of the Treasury,
ty was required by them to appear, Coram me vėl keeps the Records of the Court, and makes Ex-
Fufticiariis meis, without any Addition of Place, .emplifications of Records, Copies of Iffues, Judg.
as he obſerves out of the Writings of Glanvil and ments, &c. The Clerk of the Seals, feals all Writs
Bracton. But Sir Edward Coke is of Opinion in his and mcfne Procefs; alfo Writs of Outlawry and Su-
Preface to the eighth Report, that the Court of perfedeas, and all Patents. The Clerk of the Outlaw-
Common Pleas was conftituted before the Conqueft;ries, makes out the Writs of Capias Utlegatum. The
and was not created by Magna Charta, at which
Time there were Fufticiarii de Banco, &c. Though
before this A&t, Common Pleas might have been held
in Banco Regis; and all original Writs were returna-
ble there. Writs returnable in this Court, are now
coram Fuficiariis noftris apud Weftm. But Writs re-
turnable in B. R. are, Coram nobis ubicunque fuerimus
in Anglia. The Jurifdi&tion of this Court is general,
and extends itself throughout England: It holds
Plea of all Civil Caufes at Common Law, between
Subject and Subject, in Actions real, perfonal, and
mixed; and it ſeems to have been the only Court
for Real Cauſes. In perfonal and mixed Actions it
hath a concurrent jurifdi&ti- with the King's
Bench: But it hath no Cognizance of Pleas of the
Crown; and Common Pleas are all Pleas that are
not fuch. This Court cannot regularly hold Plea
in any Action, real or perfonal, c. but by Writ
out of Chancery returnable here; except it be by
Bill for or against an Officer, or other privileged
Perfon of the Court. All Actions belonging to this
Court, come hither either by Original, as Arrefts
and Outlawries; or by Privilege or Attachment,
for or against privileged Perfons; or out of inferior
Courts, not of Record, by Pone, Recordare, Accedas
ad Curiam, Writ of Falfe Judgment, c. A&tions po.
pular, and Actions penal, of Debt, &c. upon any
Statute, are cognizable by this Court: And be
fides having Jurifdi&tion for Punishment of its Of
ficers and Minifters; the Court of Common Pleas
may grant Prohibitions to keep Temporal and Ec-
clefiaftical Courts within due Bounds. 4 Inft. 99,
100, 118. In this Court are four Judges, created
by Letters Patent; of whom the Chief Juftice is a
Lord by his Office: The Seal of the Court is com-
mitted to the Cuftody of the Chief Juftice. The
other Officers of the Common Pleas are, the Cuftos
Brevium, three Prothonotaries and their Secondaries,
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Clerk of the Errors is for the Allowance of Writs of
Error, &c. The Clerk of the Inrolments of Fines and
Recoveries, returns all Writs of Covenant, Writs
of Entry and Seifin, and inrols and exemplifies
Fines, &c. The Clerk of the King's Silver enters the
Subftance of the Writ of Covenant: And the Chi-
rographer ingroffeth all Fines, and delivers the Inden-
tures to the Parties, &c. And to thefe Officers may
be added, a Proclamator; a Keeper of the Court;
Cryer; and Tipftafs; befides the Warden of the Fleet.
There are alfo Attornies of this Court, whofe Num-
ber is unlimited; and none may plead at the Bar
of the Court, or fign any fpecial Pleadings, but
Serjeants at Law.
Common Prayer, (Preces Publica) Is the Liturgy,
or Prayers uſed in our Church. It is the particular
Duty of Clergymen every Sunday, &c. to use the
publick Form of Prayer preferibed by the Book of
Common Prayer: And if any Incumbent be refident
upon his Living, as he ought to be, and keep a
Curate, he is obliged by the Act of Uniformity once
every Month at least, to read the Common Prayers of
the Church, according as they are directed by the
Book of Common Prayer, in his Parish Church, in
his own Perfon, or he fhall forfeit 51. for every
Time he fails therein. Stat. 14 Car. 2. cap. 4. Allò
by that Statute the Book of Common Prayer is to be
provided in every Parish, under the Penalty of
31 a Month: And the Common Prayer muſt be read
before every Lecture; the Whole appointed for the
Day, with all the Circumftances, and Ceremonies,
&c. And by one of the Canons of the Church, Mini
fters before all Sermons, are to move the People to
join in a fhort Prayer, for the Catholick Church;
and the whole Congregation of Chriftian People, &c.
for the King and Royal Family; the Minifters
of God's Word, Nobility, Magiftrates, and whole
Commons of the Realm, &c. and conclude with the
Lord's
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Lord's Prayer. Can. 55. Refufing to use the Common
Prayer; or ufing any other open Prayers, &c. is pu-
nishable by Stat. 1 Eliz. c. 2. See Church.
СО
rent Confent of the Parfon, Patron and Ordinary.
Real Compofitions are diftinguished from Perfonal
Contracts; for a Compofition called a Perfonal Con-
tract is only an Agreement between the Parfon and
Parishioners, to pay fo much inftead of Tithes;
and though fuch Agreement is confirmed by the
Ordinary, yet that doth not make it a Real Compofi-
tion, becauſe he ought to be a Party to the Deed of
Compofition. March's Rep. 87. The Compofitions for
Tithes made by the Confent of the Parfon, Patron
and Ordinary, by Virtue of 13 Eliz. cap. 10. fhall
not bind the Succeffor unless made for twenty-one
Years, or three Lives, as in Cafe of Leafes of Ec-
Common Weal, Is understood in our Law to be
Bonum publicum, and is a Thing much favoured;
and therefore the Law doth tolerate many Things
to be done for Common Good, which otherwife might
not be done: And hence it is that Monopolies are
void in Law; and that Bonds and Covenants to re-
ftrain free Trade, Tillage, or the like, are adjudged
void. 11 Co. Rep. 50. Plowd. 25. Shep. Epit. 270.
Commozancy, (Commorantia, from Commoro) An
Abiding, Dwelling or Continuing in any Place; as
an Inhabitant of a Houfe in a Vill, &c. And Com-clefiaftical Corporations, &c. Compofitions were at
morancy for a certain Time, may make a Settlement
in a Pariſh. Dalt. See Poor.
Commoth, or Comozth, (Comortha) From the
Brit. Cymorth, i. e. Subfidium; a Contribution which
was gathered at Marriages, and when young Priefts
faid or fung the firft Maffes, &c. 4 H. 4. c. 27. But
the 26 H. 8. c. 6. prohibits the Levying any fuch in
Wales, or the Marches, &c.
Commote, In Wales is Half a Cantred or Hundred,
containing fifty Villages. Stat. Wallia, 12 Ed. 1. Wales
was antiently divided into three Provinces; and
cach of these were again fubdivided into Cantreds,
and every Crantrrd into Commotes Doderige's Hift. Wal.
fol. 2. Commote alfo fignifies a great Seigniory or
Lordship, and may include one or divers Manors.
Co. Lit. 5.
Communance. The Commoners, or Tenants and
Inhabitants, who had the Right of Common, or Com-
moning in open Fields, &c. were formerly called
the Communance. Cowel.
Commune Concilium Regni Anglie, The Com-
mon Council of the King and People Affembled in
Parliament.
Communia placita non tenenda in Scaccario,
Is an antient Writ directed to the Treafurer and
Barons of the Exchequer, forbidding them to hold
Plea between common Perfons in that Court, where
neither of the Parties belong to the fame. Reg.
Orig. 187.
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Communi Cuftodia, A Writ which antiently lay
for the Lord, whofe Tenant holding by Knight's
Service died, and left his eldest Son under Age,
againſt a Stranger that entered the Land, and ob-
tained the Ward of the Body. F. N. B. S9. Reg.
Orig. 161. Since the Statute 12 Car. 2. cap. 24. hath
taken away Ward fhips, this Writ is become of no
Ule.
Community of the Kingdom, Vide Commo-
nalty.
Companage, (Fr.) Is all Kind of Food, except
Bread and Drink: And the learned Spelman inter-
prets it to be Quicquid cibi cum pane fumitur. In
the Manor of Feskerton in the County of Nottingham,
fome Tenants when they performed their Boons or
Work days to the Lords, had three Boon Loaves
with Companage allowed them. Reg. de Thurgarton ci-
ted in Antiq. Nottingham.
Companion of the Garter, Is one of the Knights
of that most noble Order; at the Head of which is
the King, as Sovereign. 24 H. 8. c. 13.
Compellativam, An Adverfary or Accufer..-
Epifcopus in Compellativum adlegiationem docere ne
quis alium perperam cogat jurejurando vel in Ordalio.
Leg. Athelftan.
Compertozium, A Judicial Inqueft in the Civil
Law, made by Delegates, or Commiffioners to find
out and relate the Truth of a Caufe. Paroch. Antiq.
575
c.
Compofition, (Compofitio) An Agreement or Con-
tract between a Parlon, Patron and Ordinary,
for Money or other Thing in Lieu of Tithes. Land
may be exempted from the Payment of Tithes,
where Compofitions have been made: And Real Com-
pofitions for Tithes are to be made by the concur-
firft for a valuable Confideration, fo that though in
Proceſs of Time, upon the Increaſe of the Value of
the Lands, fuch Compofitions do not amount to the
Value of the Tithes, yet Cuftom prevails, and from
hence arifes what we call a Modus decimandi. Hob.
29. The Word Compofition hath likewiſe another
Meaning, i. e. Decifio Litis.
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Compofitio Menfurarum, Is the Title of an an-
tient Ordinance for Meaſures, not printed, men-
tioned in the Stat. 23 H. S.
→
Compoftum, Dung, Soil or Compoft laid on
Lands. Regift. Eccl. Cantuar. MS.
Comprint, Intends a furreptitious Printing of an-
other Bookfeller's Copy, to make Gain thereby,
which is contrary to the Stat. 14 Car. 2. cap. 33.
and other Statutes.
Compromile, (Compromiffum) Is defined to be a
mutual Promife of two or more Parties at Diffe-
rence, to refer the Ending of their Controversy to
Arbitrators: And Weft fays it is the Faculty or
Power of pronouncing Sentence between Perfons at
Variance, given to Arbitrators by the Parties pri-
vate Confent. Weft's Symb. Sect. 1. Matters compro-
mifed, are alfo Matters of Law referred, or made
an End of.
Compurgator, One that by Oath juftifies another's
Innocence. See Oath.
Computation, (Computatio) Is the true Account
and Conftruction of Time; and to the End neither
Party to an Agreement, &c. may do Wrong to the
other, nor the Determination of Time be left at
large, it is to be taken according to the juft Judg.
ment of the Law. A Deed dated the 20th Day of
Auguft, to hold from the Day of the Date, fhall be
conftrued to begin on the 21ft Day of August: But
if in the Habendum it be to hold from the Making,
or from thenceforth, it fhall begin on the Day de-
1 Inft. 46. 5 Rep. 1. If an Indenture of
livered.
Leafe dated the 4th Day of July, made for three
Years from thenceforth, be delivered at four of the
Clock in the Afternoon of the faid 4th Day of Fu-
ly, the Leafe fhall end the 3d Day of July in the
third Year: And the Law in this Computation rejects
all Fractions or Divifions of the Day. But fome
have held that Rent is not due on the Day limited
to be paid, 'till the middle of the Day, and after
Noon in Cafe a Tenant for Life dies at fuch a
critical Jun&ture, &c. Sec Day and Month.
Computation of Miles, after the English Manner,
is allowing 5280 Feet, or 1760 Yards to each Mile;
and the fame fhall be reckoned not by ftrait Lines,
as a Bird or Arrow may fly, but according to the
neareft and moft ufual Way, Cro. Eliz. 212.
Computo, (Lat.) Is a Writ to compel a Bailiff,
Receiver or Accountant, to yield up his Accounts:
It is founded on the Statute of Weftm. cap. 12.
And alfo lies against Guardians, &c. Reg. Orig.
135.
Concealers, (Concelatores, fo called à concelando, as
Mons à movendo, by an Antiphrafis) Are fuch as find
out concealed Lands, i e. fuch Lands as are privily
kept from the King by common Perfons, having
nothing to fhew for their Title or Eftate therein.
39 Eliz, cap. 22. There are Concealers of Crimes ;
and
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and Concealing Treafon, &c. when Mifprifion, fee [fying or fufpending the fame, and making them
Mifprifion.
uncertain whether they fhall take Effect or not;
Conceffi, A Word of frequent Ufe in Convey fo 'ris defined to be what is referred to an uncer
ances, creating a Covenant in Law; as Dedi makes tain Chance, which may happen or not happen.
a Warranty. Co. Lit. 384. This Word is of a ge- Weft's Symb. part 1. lib. 2. fect. 156. And of Conditions
neral Extent, and faid to amount to a Grant, Feoff-there are divers Kinds, viz. Conditions in Deed, and
ment, Leaſe and Releafe, c. 2 Saund. 96.
in Law; Conditions Precedent, and Subfequent; Condi-
Concionators, Common-Council-Men, Freementions Inherent, and Collateral, &c. A Condition in Deed
called to the Hall or Affembly, as most worthy. is that which is joined by exprefs Words to a Feoff-
Quodam tempore cum conveniffent Concionatores apud ment, Leafe or other Grant; as if a Man makes a
London, c. Hiftor. Elien. Edit. Gale, c. 46.
Leafe of Lands to another, referving a Rent to be
Conclufion, (Conclufio) Is when a Man by his paid at fuch a Feaft, upon Condition if the Leffee
own A&t upon Record hath charged himself with fail in Payment, at the Day, then it ſhall be law-
a Duty or other Thing, or confeffed any Matter ful for the Leffor to enter. Condition in Law is when
whereby he ſhall be concluded: As if a Sheriff re- a Perfon grants another an Office, as that of Keeper
turns that he hath taken the Body of upon a Capias, of a Park, Steward, Bailiff, &c. for Term of Life;
and hath not the Body in Court at the Day of the here though there be no Condition expreffed in the
Return of the Writ; by the Return, the Sheriff is Grant, yet the Law makes one, which is if the
concluded from Plea of Efcape, &c. Terms de Ley Grantee do not justly execute all Things belonging
153. In another Senfe this Word Conclufion fignifies to the Office, it fhall be lawful for the Grantor to
Lit. lib. 3. c.
the End of any Plea, Replication, c. and a Plea enter and difcharge him of his Office
to the Writ is to conclude to the Writ; a Plea in 5. Thefe Conditions are alfo called Condition expreſſed,
Bar, to conclude to the Action, Sc. Conclufion of and Condition implied. Condition Precedent is when a
Plea in Bar fhall be, Et hoc paratus eft verificare: Leafe or Eftate is granted to one for Life, upon
Of other Places, Et de hoc ponit fe fuper Patriam. Condition that if the Leffee pay to the Leffor a cer-
tain Sum at ſuch a Day, then he shall have Fee-
Kitch. 219, 220.
Concord, (Concordia) Is an Agreement made be-mple: In this Cafe the Condition precedes the E-
tween two or more, upon a Trefpafs committed; ftate in Fee, and on Performance thereof gains the
and is divided into Concord executory, and Concord exe-Fee fimple. Condition fubfequent is when a Man
cuted: And according to Plowden, one binds not, as grants to another his Manor of Dale, &c. in Fee,
being imperfect, but the other is abfolute, and ties upon Condition that the Grantec fhall pay to him at
the Party. Though by fome Opinions, Agreements fuch a Day fuch a certain Sum, or that his Eftate
executory are perfect, and bind no less than A-hall ceate; here the Condition is fubfequent, and
greements executed. Plowd 5, 6, 8. Thefe Concords following the Eftate, and upon the Performance
and Agreements are by Way of Satisfaction for the thereof continues and preferves the fame: So that
Trefpafs, &c. Concord is alfo an Agreement between a Condition Precedent doth get and gain the Thing or
Parties, who intend the Levying of a Fine of Eftate made upon Condition by the Performance of
Lands one to the other, how and in what Manner it; as a Condition Subfequent keeps and continues the
the Lands fhall pafs: It is the Foundation and Sub-Eftate, by the Performance of the Condition. 1 Inft.
ftance of the Fine, taken and acknowledged by 201, 327. Terms de Ley 156. If one agree with an-
the Party before one of the Judges of C. B. or by
Commiffioners in the Country, and in Latin begins
thus: Et eft Concordia talis fcilicet quod prad. A. B.
recogn. Tenementa prad. cum pertin' effe jus ipfius C. D.
ut ill. qua idem C. D. babet de Dono prad. A. B. Et ill.
remifer.& quiet. clam. de fe & Hared fuis præfat. C. &
Hæred. fuis imperpetuum, &c.
Concubația, A Fold, Pen, or Place where Cattle
lic. Corvel.
other to do fuch an Act, and for the Doing thereof
the other fhall pay fo much Money; here the
Doing the A&t is a Condition Precedent to the Pay-
ment of the Money, and the Party fhall not be
compelled to pay 'till the Act is done; But where a
Day is appointed for the Payment of Money,
which Day happens before the Thing contracted
for can be performed, there the Money may be
recovered before the Thing is done; for here it
Concubeant, Signifies a lying together. Stat. 1 H. appears that the Party did not intend to make the
Performance of the Thing a Condition Precedent.
7. cap. 6.
Concubinage, (Concubinatus) In common Accepta- 3 Salk. 95. Inherent Conditions are fuch as defcend
tion is the Keeping of a Whore or Concubine: to the Heir, with the Land granted, &c. And
But in a legal Senfe, it is ufed as an Exception a-Collateral Condition is that which is annexed to any
gainst her that fueth for Dower, alledging thereby collateral act. Conditions are likewife Affirmative,
that ſhe was not a Wife lawfully married to the which confift of doing; Negative, and confift of
Party, in whofe Lands fhe feeks to be endowed,
but his Concubine. Brit. c. 107. Bract. lib. 4. tract. 6.
cap. 8. There was a Concubinage allowed in Scrip-
ture to the Patriarchs, fecundum legem Matrimonii,
c. Blount.
not doing: Some are further faid to be Restrictive,
for not doing a Thing; and fome Compulfory, as that
the Leffee fhall pay the Rent, &c. Alfo fome Condi-
tions are fingle, to do one Thing only; fome Copula-
tive, to do divers Things; and others Disjunctive,
Conders, (from the Fr. Conduire, to condu&t) Are where one Thing of feveral is required to be done,
fuch as ftand upon high Places near the Sea-Coast, Co. Lit. 201. Conditions may be to any Eftate, whe
at the Time of Herring-Fishing, to make Signs ther in Fee-fimple, Fee-tail, for Life or Years:
with Boughs, &c. to the Fishermen at Sea, which They run with the Eftate, and bind in whoſefoever
Way the Shole of Herrings paffeth; for this may Hands they come. Lit. Rep. 128. But a Condition
be better diſcovered by fuch as ftand upon fome may not be made but on the Part of the Leffor,
high Cliff on the Shore, by Reafon of a kind of Donor, &c. For no Man may annex a Condition to
blue Colour which the Herrings caufe in the Wa-an Eftate, but he that doth create the Eftate it
ter, than by thofe that are in the Ships or Boats for felf. Conditions are good to inlarge or limit Eſtates:
Fishing. Theſe are otherwife called Huers and And there are four Incidents, which Conditions to
Balkers, Directors and Guiders, as appears by the Stat. create and increaſe an Eſtate ought to have. 1. They
1. Fac. c. 23.
fhould have a particular Eftate, as a Foundation
Condition, (Conditio) Is a Reftraint or Bridle an- whereupon the Increaſe of the greater Eftate fhall
nexed to a Thing, fo that by the Non-performance, be built. 2. Such particular Eftate fhall continue
the Party, to it fhall receive Prejudice and Lofs; in the Leffee or Grantee, until the Increaſe hap-
and by the Performance, Commodity and Advan-pens. 3. It muft veft at the Time the Contingency
tage: Or it is a Reftri&tion of Men's A&ts, quali- happens, or it ſhall never veft. 4. The particular
Eftate
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218. But 'tis oherwife where the Feoffment, or
Leafe for Life or Years, are made to any other
but the Feoffor. Ibid. Where the Condition of a Feoff-
ment is, that if the Feoffor or his Heir pay a cer-
tain Sum of Money to the Feoffee fuch a Day,
and before that Day the Feoffor dieth without
Eſtate and Increaſe muſt take Effect by the fame Fee; but if they make Partition, the Condition is
Deed, or by ſeveral Deeds delivered at the fame deftroyed. 8 Rep. 75, 76. If a Feoffee grant the
Time. 8 Rep. 75
Conditions to create Eftates fhall Reverfion of Part of the Land, on a Leafe for
be favourably conftrued: But Conditions which tend Years, on which a Rent upon Condition is reſerved,
to deftroy, or reftrain an Eftate, are to be taken all the Condition is confounded and gone; though if
ftrictly. A Feoffment upon Condition, that the Feof the Leffee affign Part, the Condition remains, for he
fee fhall not alien, is void: But a Condition in a cannot diſcharge the Eftate of the Condition. 2 Daro.
Feoffment not to alien for a particular Time, or to Abr. 119. A Man makes a Feoffment upon Condi-
a particular Perfon, may be good. Hob. 13, 261. tion, and after levies a Fine to a Stranger, the Con
And if a Condition is, that Tenant in Tail fhall not dition is gone. Ibid. 120. If a Feoffee upon Condi
alien in Fee, &c. or Tenant for Life or Years not tion to infeoff another, infeoff a Stranger; or if
alien during the Term, thefe Conditions are good: it be to reinfeoff the Feoffor, and he grant the
Where the Reverfion of an Eftate is in the Donor, Land to another Perfon, upon Condition to perform
he may reftrain an Alienation by Condition. 10 Rep. the Condition, the Condition is broke, becauſe the
39: 1 Inft. 222. If one make a Gift in Tail, on Feoffee hath difabled himſelf to do it: So where
Condition that the Donee or his Heirs fhall not alien; fuch Feoffee upon Condition to reinfcoff, c. takes a
this is good to fome Intents, and void to others: Wife, that the Land is fubject to the Dower of the
For if he make a Feoffment in Fee, or any other Wife; and fo if the Land is recovered, and Exe-
Eftate by which the Reverſion is difcontinued tor- cution fued out by another, the Condition is broke.
tiouſly, the Donor may enter; but 'tis otherwife if Co. Litt. 221. 1 Danv. 79. If one diffeife the Feof-
he fuffer a common Recovery. 1 Inft. 223. A Li-fee, or any other who hath Land by juft Title, and
berty inſeparable from an Eftate, cannot be re- thereof infeoff a Stranger on Condition, and the
ſtrained; and therefore a Condition that a Tenant in Land is lawfully recovered from him that hath the
Tail fhall not levy a Fine, within the Stat. 4 H. 7.Title; by this the Condition is deftroyed: And if a
or ſuffer a Recovery; or not make a Leafe, within Diffeífor make a Feoffment in Fee upon Condition;
the Stat. 32 Hen. 8. is void and repugnant. But if and after the Diffeife doth enter upon the Feoffee,
the Condition reftrain levying a Fine at Common this doth extinguish the Condition. Perk. Sect. S21.
Law, it may be good. 2 Dano. Abr. 22. A Gift in If the Feoffee makes a Feoffment of all or Part of
Tail, or in Fee, upon Condition that a Feme fhall the Land to the Feoffor, before the Condition is
not be endowed; or Baron be Tenant by the Cur- broke; the Condition is gone for ever: And if he
tely, repugnant and void. So is a Condition in a make a Leafe for Life or Years only, then the
Leafe, &c. that the Leffee fhall not take the Pro-Condition will be fufpended for that Time. Co. Lit.
fits: And where a Man grants a Rent-charge out
of Land, provided it fhall not charge the Lands.
Co. Lit. 146. Conditions repugnant to the Eftate, im
poffible, c. are void: And if they go before the
Eftate, the Eftate and Condition are void; if to fol-
low it, the Eſtate is abfolute, and the Condition void.
I Inft. 206. 9 Rep. 128. But if at the Time of en-Heir: Or if the Feoffment be made by a Woman
tring into a Condition, a Thing be poffible to be
done, and become afterwards impoffible by the A&t
of God, the Eftate of a Feoffee (created by Live
ry) fhall not be avoided. 2 Mod. 204. A Feoffment
in Fee is made upon Condition, that the Feoffee fhall
within a Year go to Rome, &c. If the Feoffee dies
before the Year ended, yet the Estate of the Feof
fee is become abfolute; for the Eftate once vefted
by the Livery, fhall not be devefted without De-
fault in the Feoffee. Ibid. Where a Condition is of
two Parts, one poffible, and the other not fo, it is
a good Condition for performing that Part which is
poffible. Cro. Eliz. 780. Though if a Condition is of
two Parts disjunctive, and one Part becomes impof
fible by the Act of God, the Perfon bound is not
obliged to perform the other. 5 Rep. If a Condition
be in the Copulative, and is not poffible to be per-
formed, 'tis faid it may be taken in the Disjunctive.
I Danv. Abr. 73. Where an Estate is to be wholly
created upon a Condition impoffible to be performed,
there the Eftate fhall never come in effe. I Leon.
cap. 311. A Woman makes a Feoffment to a Man
that is married, upon Condition that he fhall marry
her; this Condition is not impoffible, for the Man's
Wife may die, and then he may marry her. 2 Danv.
25. A Reverfion may be granted in Tail upon
Condition, that if the Grantee pays fo much, he fhall
have Fee. 8 Rep. 73. But if a Man grants Land,
c. for Years, upon Condition that if the Leffee
pay 20 s. within one Year, that he fhall have it
for Life; and that if he after the Year pay 20 s.
he fhall have Fee: Though both Sums are paid,
he fhall have but an Eftate for Life; the Eftate
for Life, at the Time of the Grant, being only in
Contingency, and a Poffibility cannot increafe upon
a Poffibility, nor can the Fee increaſe upon the E-
ftate for Years. 8 Rep. 75. If a Leafe be made to
two, with Condition to have Fee, and one dies, the
Survivor may perform the Condition, and have the
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on Condition to pay her 10l. or that the Feoffce
infeoff her by a certain Day, and they intermarry
before the Day, and the Marriage doth continue
till after it; in thefe Cafes the Condition is gone.
Perk. Sect. 763, 764. A Condition may be well per-
formed, when it is done as near to the Intent as
may be: For if the Condition of a Feoffment be
that the Feoffee fhall make an Eftate back to the
Feoffor and his Wife, and the Heirs of their two
Bodies, Remainder to the right Heirs of the Feof-
for; in this Cafe, if the Feoffor die before, the E-
ftate fhall be made to the Wife without Impeach-
ment of Waſte, the Remainder to the Heirs of the
Body of the Husband begotten on the Wife, &c.
Co. Lit. 219. 8 Rep. 69. If a Condition be performed
in Subftance and Effect, it is good altho' it differs
in Words; as where it is to deliver Letters Patent,
and the Party bound having loft them, delivers an
Exemplification, &c. 2 Danv. 40. Tho' Payment
of the Money before the Day, is Payment at the
Day, in Performance of a Condition; yet a Feoffor,
&c. cannot re-enter, and revelt his old Eftate by
Force of the Condition, 'till the Day whereon the
Condition gives him Power to re-enter. Ibid. 121.
a Man feifed of Land in Right of his Wife, make
a Feoffment in Fee on Condition, and dies; if the
Heir of the Feoffor enters for the Condition broken,
and
and defeats the Feoffment, his Eftate vanishes,
prefently it is vetted in the Wife. Co. Lit. 202. And
if a Perfon feifed of Land, as Heir on the Part of
his Mother, makes a Feoffment on Condition and
dieth; though the Heir on the Part of the Father,
who is Heir at Common Law, may cnter for the
Condition broken, the Heir of the Part of the Mo-
ther fhall enter upon him, and enjoy the Land.
Ibid. 12. Where there is a Condition in a Feoffment
or Leafe, that if no Diftrels can be found, the
Feoffor, &c. fhall re-enter; if the Place is not
open to the Diftrefs, as if there be only a Cupboard
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But a Man can-
Nelf 467. The Word Si will not always make a
Condition; but fometimes it makes a Limitation, as
where a Leafe is made for Years, if A. B. lives fo
long. And this is contrary to a Condition, for a
Stranger may take Advantage of an Eltate deter-
mined thereby, &c. Co. Lit. 236. Dyer 300. Sub
Conditione is the most proper Word to make a Condi-
tion: Provifo is as good a Word, when 'not dependant
upon another Sentence; but in fome Cafes, the
Word Provifo may make no Condition, but be only
a Qualification, or Explication of a Covenant.
Danv. 1, 2. And neither the Word Provifo, nor
any other, makes a Condition, unless it is reftri&ive.
Plowd. 34. 1 Nelf. 466. A Grant to one, to the In-
tent he fhall do fo and fo, is no Condition, but a
Truft and Confidence. Dyer 138. Some Words in
in the Houfe which is locked, &c. it is all one leafed on Condition 9 Rep. 85. A Condition that
as if there were no Diftrefs there, and the Feoffor, would take away the whole Effect of a Grant, is
c. may enter. 2 Dand. 46. When a Rent is to be void; and fo it is if it be contrary to the exprefs
paid upon Condition at a certain Day, the Leffor Words of it. Conditions againft Law are void; but
cannot enter for the Condition broke, before Demand what may be prohibited by Law, may be prohibited
of the Rent. Ibid. 98. And the Leffor ought to deby Deed. I Inft. 223, 206. He that taketh an E-
mand the Rent at the Day, or the Condition thall not ftate in Remainder, is bound by Condition in a Deed,
be broke by the Nonpayment of the Rent. A Re- though he doth not feal it. No Perfon fhall defeat
entry may be given on a Feoffment, . tho' none any Eftate of Freehold upon Condition without
be reſerved: If one make a Leafe for Life, or Feoff fhewing the Deed wherein the Condition is con-
ment upon Condition, that if the Feoffee or Leffee tained: But of Chattels Real or Perfonal, E. a
docs fuch an A&t, the Eftate fhall be void: Now al Man may plead that fuch Grants or Leafes were
though the Eſtate canno be void before Entry, this made upon Condition without fhewing the Deeds;
is a good Condition, and fhall give an Entry to the and in the Cafe of a Condition to avoid a Frec-
Leffor, &c. by Implication. 1 Roll. Abr. 408. A hold, though it may not be pleaded without the
Leafe for Life on Condition, being a Freehold, can- Deed, it may be given in Evidence to a Jury, and
not ceafe without Entry; but if it be a Leafe for they may find the Matter at large. Lit. 374. 5 Rep.
Years, the Leafe is void ipfo facto, on Breach of the 49. A Condition may be apportioned by A&t of the
Condition, without any Entry. 1 Inft. 214. If a Leafe Law, or the Leffee. 4 Rep. 120.
for Years is that on Breach of the Condition, the not by his own Act divide, or apportion a Condition,
Term fhall ceafe, the Term is ended without En- which goes to the Deftruction of an Estate. 1 Nelf.
try; but where the Words are that the Leafe fhall Abr. 474. A Condition in a Will is a Thing odious
be void, it is otherwife. Cro. Car. 51 3 Rep. 64 in Law, which fhall not be created without fuffi-
Regularly, where one will take Advantage of a Con- cient Words. 2 Leon. 40. A Devife to the Heir
dition, if he may enter, he muſt do it; and if he can at Law, provided he pay to A. B. 201. is a void Con-
not enter, he must make a Claim Co. Lit. 218. No dition, because there is no Perfon to take Advantage
one can referve the Power or Benefit of Re-entry, of the Nonperformance. 1 Lutw. 797. Yet Condi-
on Breach of a Condition, to any other but himself, tional Devifes, as well of Lands as of Goods, are al-
his Heirs, Executors, &c. Parties and Privies, in lowed by our Law; and nor being performed, the
Right and Reprefentation: Privies in Law, Gran-Heir or Executors, fhall take Advantage of them.
tees of Reversions, &c. are to have no Advantage
by it. But by Stature 32 H. 8. Grantees of Rever-
fions may take Advantage against Leffees, &c. by
Action. Inft. 214, 215
Plowd. 175. Where one
doth enter for a Condition broken, it generally makes
the Eltate void ab initio, and the Party comes in of
his firſt Eſtate; and he fhall have the Land in the
fame Manner it was when he departed with it, and
his Poffeffion at the Time of making the Condition:
Therefore he fhall avoid all fubfequent Charges on
the Lands. 4 Rep. 120. Plowd. 186. Co. Lit. 233. If
one enters on a Condition performed; he fhall avoid
all Incumbrances upon the Land after the Condition
made: And a Condition when broken, or performed,
&c. will defeat the whole Eftate. So that if there
be a Leafe for Life, Remainder in Fee, on Condition
that the Leffee for Life fhall pay 20 7. to the Lefa
for; if he pay not this Money, the Eftate in Re-
mainder will be avoided alfo. Dyer 127. 8 Rep. 90.
But this may be otherwife by fpecial Limitation to
an Ufe: And if Tenant for Life, and he in Re-
mainder join in a Feoffment on Condition, that if,
c. then the Tenant for Life fhall re-enter, this
may be good without defeating the whole Eftate;
tho' regularly a Condition may not avoid Part of an
Eftate, and leave another Part entire, nor can the
Eftate be void as to fome Perfons, and good as to o
thers. 8 Rep. 190. 1 Inft. 214. Leffee for Life makes
a Feoffment on Condition, and enters for the Condition
broken; by this he fhall be restored to his Eltate
for Life, and reduce the Reverfion to the Leffor;
and the Rent due to the Leffor fhall be revived:
But in this Cafe the Leffee will not be in the fame
Courſe as he was before, for his Eftate is fubje&t to
Forfeiture, though he be Tenant for Life ftill. Rol.
474. Shep. Ab. 405. Tenants by the Curtefy, Te-
nant in Tail after Poffibility of Iffue extinct, Te
nant in Dower, for Life, or Years, &c. hold their
Eſtates ſubject to a Condition in Law, not to grant a
greater Eſtate than they have, nor to commit Wafte,
&c. 1 Inst. 233. And Eftates made by Deed to In-
fants, and Feme Coverts, upon Condition, fhall bind
them, becauſe the Charge is on the Land. 2 Danv. Confederacy, (Corfœderatio) Is when two or more
30. A Releaſe of all a Man's Right, niay be upon combine together to do any Damage or Injury to an-
Condition: A Leffce may furrender upon Condition; a other, or to do any unlawful Act. And falfe Con-
Contract may be upon Condition, &c. But a Parfon federacy between divers Perfons fhall be punished,
cannot refign upon Condition, any more than be ad-
though nothing be put in Execution: But this Con-
mitted upon Condition: And a Condition cannot be re-federacy punishable by Law before it is executed,
2
Leafe do not make a Condition but a Covenant,
upon which the Leffor may bring his Action. A
Leafe being the Deed of Leffor and Leffee, every
Word is fpoken by both; and a Condition may be
therein, though it founds in Covenant. 1 Nelf. 464.
A Covenant not to grant, fell, &c. may be a Con-
dition; and Covenant that paying the Rent, the
Leffee fhall enjoy the Land, is conditional. 2
Danu. 2, 6. Where Words are indefinite, and pro-
per to defeat an Estate, they fhall be taken to have
the Force of a Condition. Palm. 503. Conditions regu-
Tarly follow the Habendum in a Deed; but are good
in Law, in any other Place. 2 Rep. 70.
Conduits for Water in London, fhall be made
and repaired, and the Lord Mayor and Aldermen
may inquire into Defaults therein, &c. by the Sta-
tutes 32 & 35 H. S.
Cone and key. A Woman at the Age of four-
teen or fifteen Years, might take the Charge of her
Houfe, and receive Cone and Key: Cane or Colne in
the Sax. fignifying Computus, fo that he was then
held to be of competent Years, when he was able
to keep the Accounts and Keys of the Houfe.
mina in tali atate poteft difponere Domui fua habere
Cone and Key. Bract. lib. 2. cap. 37. And there is
fomething to the fame Purpofe in Glanv. lib. 7. c. 9.
Fœ-
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ought to have thefe Incidents; first, it muſt be de-
clared by fome Matter of Profecution, as by ma
king of Bonds, or Promiles the one to the other;
fecondly, it should be malicious, as for unjuft Re
venge; thirdly, it ought to be falfe against an In
nocent; and laſtly, it is to be out of Court volun
tarily. Terms de Ley 158. Where a Writ of Con
fpiracy doth not lie, the Confederacy is punishable:
And Inquiry fhall be made of Confpirators and Con-
federators, which bind themſelves together, &c.
:
:
the Judges upon probable Circumftances, that fuch
Confeffion, may proceed from Fear, Weakneſs, or.
Ignorance, may refufe fuch a Confeffion, and fuffer the
Party to plead. 2 Hawk 333 A Confeffion may be
received, and the Plea of Not Guilty be with-
drawn, though recorded. Kel. 11. The Confeffion
of the Defendant, whether taken upon an Exami-
nation before Justices of Peace, in Purfuance of the
1&2 P. & M. 13. or 2 & 3 P. & M. c. 10. upon a
Bailment, or Commitment for Felony; or taken
by the Common Law, upon an Examination before
a Secretary of State, or other Magiftrate, for Trea-
fon or other Crimes, is allowed to be given in Evi
dence againft the Party confeffing; but not against
others. Alfo two Witneffes of a Confeffion of High
Treafon, upon an Examination before a Juftice of
Peace, were fufficient to convin& the Perfon fo con-
feffing, within the Meaning of 1 Ed. 6. cap. 12.
and 5 & 6 Ed. 6. cap. 11. which required two
Witneffes in High Treafon; unless the Offender
fhould willingly confefs, &c. But the 7 W. 3. cap.
3. requires two Witneffes, except the Party hall
willingly without Violence confefs, &c. in opens
Court. 2 Hawk. P. C 429. It has been held that
where-ever a Man's Confeffion is made ufe of against
him, it must all be taken together, and no by Par-
cels. Ibid. And no Confeffion fhall before final Judg-
ment, deprive the Defendant of the Privilege of ra-
king Exceptions in Arreft of Judgment, to Faults
apparent in the Record. 333. A Demurrer a-
mounts to a Confeffion of the Indictment as laid fo
far, that if the Indictment be good, Judgment and
Execution fhall go against the Prisoner. Bro. 86.
S. P. C. 150. H P. C. 246. And in criminal Cafes
not capital, if the Defendant demur to an Indi&t-
ment, &c. whether in Abatement, or otherwiſe,
the Court will not give Judgment against him to
anfwer over, but final Judgment. 2 Hawk. 334.
Where a Prifoner confeffes the Fact, the Court
has nothing more to do than to proceed to Judg-
ment against him. And Confeffus in fudicio pro Fu-
dicato Habetur. 11 Rep. 30. 4 Inft 66.
!
?
Confeflion, (Confeffio) Is where a Prifoner in-
dicted of Treafon or Felony, and brought to the
Bar to be arraigned; and his Indictment being read
to him, the Court demands what he can fay there-
to; then either he confeffes the Offence, and the In
dictment to be true, or pleads Not guilty, &c. Con-
feffion may be made in two Kinds, and to two feve
ral Ends: The one is, that the Criminal may con-
fels the Offence whereof he is indicted openly in
the Court, before the Judge, and fubmit himself to
the Cenfure and Judgment of the Law; which Con-
feffion is the most certain Anfwer, and beft Satisfac
tion that may be given to the Judge to condemn the
Offender; fo that it proceeds freely of his own Ac
cord, without any Threats or Extremity ufed; for
if the Confeffion arife from any of thefe Caules, it
ought not to be recorded; As a Woman indicted for
the felonious taking of a Thing from another, being
thereof arraigned, confeffed the Felony, and faid
that he did it by Commandment of her Husband;
the Judges in Pity would not record her Confeffion,
but caused her to plead Not guilty to the Felony;
whereupon the Jury found that she did the Fact by
Compulfion of her Husband, againft her Will, for
which Caufe fhe was diſcharged.. 27 Aſſiſ. pl. 50.
The other Kind of Confeffion is, when the Prifoner
confeffes the Indictment to be true, and that he
hath committed the Offence whereof he is indicted,
and then becomes an Approver or Accufer of
others, who have committed the fame Offence where
of he is indicted, or other Offences with him; and
then prays the Judge to have a Coroner affigned
him, to whom he may make Relation of thoſe Of-
fences, and the full Circumftances thereof. There
is alfo a third Sort of Confeffion, formerly made by
an Offender in Felony, not in Court before the
Judge, as the other two are, but before a Coroner
in a Church, or other privileged Place, upon
which the Offender by the ancient Law of the Land
was to abjure the Realm. 3 Inft. 129. Confeffion is
likewife a Plea in Civil Cafes, where the Defen-
dant confeffes the Plaintiff's A&tion to be good:
By which Confeffion there may be Mitigation of a
Fine against the Penalty of a Statute; though not
after Verdict. Finch 387. 2 Keb. 408. And there is
a Confeffion indirectly implied, as well as directly ex- Confirmation, (Confirmatio, from the Verb Confir
preffed in Criminal Cafes; as if the Defendant in a mare, quod eft firmum facere) Is a Conveyance of an
Cafe not Capital, doth not directly own himself guilty Estate, or Right in effe, from one Man to another,
of the Crime, but by fubmitting to a Fine, owns whereby a voidable Eftate is made fure and una-
his Guilt; whereupon the Judge may accept of his voidable; or a particular Eftate is increased, or a
Submiffion to the King's Mercy. Lamb. lib. 4. c. 9. Poffeffion made perfe&t. And 'tis a Strengthening of
By this indirect Confeffion, the Defendant fhall not an Eltate formerly made, which is voidable, tho'
be barred to plead Not Guilty to an A&tion, &c. for not prefently void: As for Example; A Bishop
the fame Fact: The Entry of it is, that the De-granteth his Chancellorship by Patent, for Term of
fendant pofuit fe in gratiam Regis, &c. And of the the Patentee's Life; this is no void Grant, but void-
direct Confeffion, quod Cognovit Indicamentum, &c.able by the Bishop's Death, except it be ftrength-
And this laft Confeffion carries with it fo ftrong a
Prefumption of Guilt, that being entered on Re-
cord, in Indictment of Treſpaſs, it 'eftops the De-
fendant to plead Not Guilty to an Action brought
afterwards against him for the fame Matter: But
fuch Entry of a Confeffion of an Indictment of a
capital Crime, 'tis faid will not eftop a Defendant
to plead Not Guilty to an Appeal, it being in Cafe
of Life. And where a Perfon upon his Arraignment
actually confeffes himself guilty, or unadvifedly dif-
clofes the ſpecial Manner of the Fact, fuppofing
that it doth not amount to Felony, where it doth;
2
Confeffor, (Lat. Confeffor, Confeffionarius) Hath Re-
lation to private Confeffion of Sins, in Order to Abfo-
lution: And the Pricft, who received the auricular
Confeffion, had the Title of Confeffor; though im-
properly, for he is rather the Confeffee, being the
Perfon to whom the Confeffion is made. This Re-
ceiving the Confeffion of a Penitent, was in old
English to Shreve or Shrive; whence comes the Word
Befbrieved, or looking like a confeffed or brieved
Perfon, on whom was impofed fome uncafy Pe-
nance. The moft folemn Time of Confeffing was the
Day before Lent, which from thence is ftill called
Shrove Tuesday. Cowel.
ened by the Confirmation of the Dean and Chapter.
Confirmation, aut eft perficiens, crefcens, aut dimi-
nucns: Perficiens, as if Feoffee upon Condition
make a Feoffment, and the Feoffor confirm the E-
ftate of the ſecond Feoffee: Crefcens, that doth al
ways enlarge the Eftate of a Tenant; as Tenant for
Years, to hold for Life, &c. Dininuens, as when the
Lord of whom the Land is holden, confirms the E
ftare of his Tenant, to hold by a lefs Rent. 9 Rep. 142.
The Lord may diminish the Services of his Tenant
by Confirmation; but not referve new Services, fo
long as the former Eſtate in the Tenancy continues:
And
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And therefore if he confirm to the Tenant, to yield confirm the Remainder Eftate, without any Con
him a Hawk, &c. ycanly, it is void. Lit. Sect. 539 formation to Tenant for Life; it fhall enure to him
1 Co. Inft. 296 Leafes for Years may be confirmed jalfo. Co. Lit. 297, 298. If Lands are given to two
for Part of the Term, or Part of the Land, c, Men, and the Heirs of their two Bodies begotten,
But it is otherwife of an Eſtate of Frechold, which and the Donor confirms their Eltates in the Lands,
being entire, cannot be confirmed for Part of the to have and to hold to them two and their Heirs;
Eltare. 5 Rep. 81. There may be a Confirmation im- this fhall be construed a joint Eftate for their Lives,
Co.
plied by Law, as well as exprefs by Deed; where and after they shall have feveral Inheritances.
the Law by Construction makes a Confirmation of a Lit. 299. Tenant in Tail, or for Life of Land, lets it
Grant made to another Purpoſe: And a Confirmation for Years, if after he make a Confirmation of the Land
may enlarge an Eltate, from Eftare held at Will to to the Leffee for Years, to hold to him and his Heirs
Term of Years, or a greater Eftate; from an Elbate for ever, the Leffee hath only an Estate for the Life
for Years to an Eftate for Life; from an Eftate for of the Tenant in Tail, &c. and therein his Leafe
Life, to Eltate in Tail, or in Fee; and from an for Years is extin&t. Lit. Sect. 606. A Freehold for
Eftate in Tail to an Estate in Fee-fimple. Inft Life, and Term for Years, it is faid, cannot stand
305. 9 Rep. 142. Dyer 263. But if the Confirmation together of the fame Land, in the fame Perfon.
be made to Leffee for Life or Years, of his Term 1 Nelf. Abr. 48c. If a Feme Leffee for Years mar-
or Eſtate, and not of the Land, this doth not increaſeries, and the Leffor confirms the Eftate of Husband
the Eftate, though if the Leffor confirm the Land, and Wife, to hold for their Lives, by fuch a Confir
to have and to hold the Land to the Leffee and his mation, the Term will be drowned; and the Huf-
Heirs, this will enlarge the Eftate, and fo of the band and Wife be Jointenants for their Lives. Co.
Reft. Co. Lit. 299. Plowd. 40. In every good Con Lit. 300. But if the Feme were Leffee for Life,
firmation, there must be a Precedent rightful or then by the Confirmation to Husband and Wife for
wrongul Eftate in him to whom made, or he must their Lives, the Husband holdeth only in Right of
have the Poffeffion of the Thing as a Foundation his Wife for her Life; but fhall take a Remainder
for the Confirmation to work upon; the Confirmor for his Life. Ibid. 299. Confirmation to Leffee for
muſt have ſuch an Estate and Property in the Land, Life, and a Stranger to hold for their Lives, is
that he may be thereby enabled to confirm the Evoid, for there is no Privity: But 'tis otherwife, if
ftate of the Confirmee; the precedent Eftate muft for Years. 2 Dano. Abr. 141. If Tenant for Life grant
continue till the Confirmation come, fo that the E- a Rent-charge, &c. to one and his Heirs, he in Re-
ftate to be increafed comes into it; and it is requi- verfion is to confirm it, otherwife 'tis good only for
red that both theſe Eſtates be lawful. Co. Lit. 296. the Life of Tenant for Life. Lit. 529. A Tenant
1 Rep. 146. Dyer 109. 5 Rep. 15. If one have Com- for Life, and Remander-man in Fee, join in a
mon of Pafture in another's Land, and he confirms Leafe, this fhall be taken to be the Leafe of Tenant
the Eftate of the Tenant of the Land, nothing paf- for Life, during his Life, and Confirmation of him
fes of the Common, but it remains as it was before: in Remainder: Tho' after the Death of Tenant
So if a Man have a Rent our of the Land, and he for Life, it is the Leafe of him in Remainder, and
doth confirm the Eftate which the Tenant bath in Confirmation of Tenant for Life. 6 Rep. 15. 1 Nelf.
the Land, the Rent remaineth. Litt Sect. 537. Te- Abr. 481. If Leffee for Years, without Impeachment
nant for Life makes a Leafe for Years to a Man, of Waste, accepts a Confirmation of his Eftate for
and after Leafes the Land to another Perfon for Life, by this he hath loft the Privilege annexed to
Years; and he in Reverſion confirms the laft Leafc, his Eftate for Years. 8 Rep. 76. Acceptance of Rent
and after that the first Leafe, this is no good: in fome Cafes makes a Confirmation of a Leaſe: And
The fecond Leffee hath an Intereft before by the if a Man leafes for Life, referving Rent upon a
Confirmation of him in Reverfion. But in a like Condition of Re-entry; if after the Condition is
Cafe, Confirmation of the fift Leafe, after the Se-broke, by Non payment of the Rent, the Leffor di-
cond was confirmed, was held good; for the Leafe trains for the faid Rent, this A&t fhall be a Confir
takes no Intereft by the Confirmation, but only to mation of the Leafe, fo as he cannot enter, 2 Danu.
make it durable and effectual. Moor, c. 180. i Inft. 128, 129. What a Perfon may defeat by his Entry,
296. Plowd. 10. If a Diffeifee confirm the Land to he may make good by his Confirmation. Co. Lit. 300.
the Diffeifor, but for one Hour, one Weck, a Year, But none can confirm, unless he hath a Right at
or for Life, &c. it is a good Confirmation of the E- the Time of the Grant; he that hath but a Right
ftate for ever: And if he confirms the Eftate of the in Reverfion cannot enlarge the Estate of a Lef
Diffeifor without any Word of Heirs, he hath a fee. 2 Danv. 140, 141. And where a Perfon hath
Fee-fimple; and if a Diffeifor make a Gift in Tail, but Intereffe termini, he hath no Eftate in him, upon
and the Diffeifee doth confirm the Eftate of the which a Confirmation may enure. Co. Lit. 296. A.
Donce, it fhall enure to the whole Eftate: Alfo if Confirmation is to bind the Right of him who makes
the Diffeifor enfeoffs A. and B. and the Heirs of B. it; but not alter the Nature of the Estate of him
and the Diffeifee confirms the Eſtate of B. for his to whom made; it fhall not diſcharge a Condition
Life; this fhall extend to his Companion, and for Poph. 51. If A. enfeoffs B. upon Condition, and af
the whole Fee-fimple. Co. Lit. 291, 297, 299. Butter A. confirms the Eftate of B. yet the Condition.
where the Eftate is divided it is otherwife; as if remains: Though if B. had enfeoffed C. fo that the
there be an Estate for Life, the Remainder over, Eftate of C. had been only fubje&t to the Condition
there the Confirmation may be of either of the E-in another Deed, and after A. had confirmed the
ftates: And if the Leffce of a Diffeiſor of a Leafe for Eftate of C. this would have extinguiſh'd the Con-
20 Years, makes a Leafe for 10 Years; the Diffeifeedition, which was annexed to the Eftate of B. I
may confirm to one of them, and not the other. Rep. 147. A Confirmation will take away a Condition
i Cro. 472. 5 Rep. 81. If a Diffeifor or any other annexed by Law: And by Confirmation, a Condition
make a Leafe for Years to begin at a Day to come, after broken in a Deed of Feoffment is extinguiſh'd.
a Confirmation to the Leffee before the Leafe begins Co. Rep. 146. Confirmations may make a defeaſible
will not be good; for there is no Etate in him. Eftate good; but cannot work upon an Estate that
Co. Lit. 296. The Tenant in Tail of Land, hath ais void in Law. Co. Lit. 295, A Confirmation of Let-
Reverſion in Fee expectant; in this Cafe, the Con-
firmation of the Eftate-tail will not extend to the
Reverfion. And if my Diffeifor make a Leafe for
Life, the Remainder in Fee, and I confirm the E
ftate of the Tenant for Life; this fhall not con-
firm the Estate of him in Remainder: But if I
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ters Patent, which are void as they are againſt Law,
is a void Confirmation. 1 Lill. Abr. 295. If there be
Lord and Tenant, and the Tenant having Iffue is at-
tainted of Felony, if the King pardons him, and the
Lord confirms his Eftate, and the Tenant dies, his
Iffuc fhall not inherit, but the Lord fhall have it
againft
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or lawfully done, or done with Permiflion: As En-
try Congeable, &c. Lit. Sec. 420.
Conge d'Acco¿der, (Fr.) Leave to accord or a-
gree, mentioned in the Statute of Fines, 18 Ed. 1. in
thefe Words.
When the original Writ is de-
livered in the Prefence of the Parties before Ju-
ftices, a Pleader fhall fay this, Sir Justice Conge
d'Accorder; and the Juftice fhall fay to him, what
faith Sir R. and name one of the Parties, &c.
!
against his own Confirmation: For that could not en-
able him to take by Defcent, who by the Attainder
of his Father was difabled. 9 Rep. 141. Grants and
Leaſes of Biſhops not warranted by the Stat. 32
H. 8. muſt be confirmed by Dean and Chapter: And
Grants and Leafes of Parfons, &c. by Patron and
Ordinary. I Inft. 297, 300, 301. Biſhops may grant
Leafes of their Church-Lands for three Lives, or
twenty-one Years, having the Qualities required by
32 Hen. 8. and concurrent Leafes for twenty-one Conge d'Ellire, (Fr. i. e. Leave to chooſe) Is the
Years, with Confirmation of Dean and Chapter. If a King's Licence or Permiffion fent to a Dean and
Prebend Leafes Parcel of his Prebendary, and the Chapter to proceed to the Election of a Biſhop,
Biſhop, who is Patron, confirms it; this fhall not when any Bishoprick becomes vacant. According
bind the fucceeding Biſhop, without Confirmation of to Gwin, in his Preface to his Readings, the King of
Dean and Chapter, becauſe the Patronage is Parcel England, as Sovereign Patron of all Bishopricks,
of the Poffeffions of the Bishoprick; but it fhall and other Ecclefiaftical Benefices, had of ancient
bind the prefent Bishop, &c. 2 Dany. 139. If a Time free Appointment of all Church Dignities,
Parfon grants a Rent, the Confirmation of the Pa- when ever they became void, inveſting them firſt
tron and Bifhop, is fufficient without the Dean and per Baculum & Annulum, and afterwards by his Let-
Chapter, and fhall be good against the Succeffor ter Patent; and in Procefs of Time he made the
Bishop. Ibid. 140. The Dean of Wells may pass his Election over to others, under certain Forms and
Poffeffions, with the Affent of the Chapter, with- Conditions; as, that they fhould at every Vacation,
out any Confirmation of the Bishop. Ibid. 135. Leafes before they chufe, demand of the King Conge d'Eflire;
of Bishops are affirmed ex aſſenſu & confenfu Decani that is Leave to proceed to Election, and then after
& totius Capituli. A Confirmation is in Nature of a the Election, to crave his Royal Affent, &c. And
Releafe, and in fome Things is of greatcft Force: he affirms that King John was the first that granted
And in this Deed, it is good to recite the Eftate of this; _which was afterwards confirm'd by Stat. Weft.
the Tenant, as alfo of him that is to confirm it; 1. 3 Ed. 1. cap. 1. And by Articuli Cleri, 25 Ed. 3.
and to mention the Confideration: The Words Ra- c. 1. All the Prelacies in England were conferred at
tify and Confirm, are commonly made Ufe of; but the Pleafure of the King, and the Perfons invested
Words Give, Grant, Demife, &c. by Implication of by the King's Delivery of a Staff and Ring, till
Law, may enure as a Confirmation. 1 Inft. 295. Weſt. Archbishop Anfelm denied this Royal Prerogative;
Symb. 1. pag. 457.
and prevailed with Pope Pafchal to abrogate this Cu-
Confifcate, From the Lat. Confifcare, and that ftom by a folemn Canon: After which, the firſt Bi-
from Fifcus, which fignifies metonymically the Em-fhop who came in by a regular Election, was Roger
peror's Treafure: And as the Romans fay, fuch Bishop of Salisbury, Anno 3 H. 1. By Statute, no
Goods as are Forfeited to the Emperor's Treafury Man is to be prefented to the See of Rome for the
for any Offence are Bona Confifcata; fo we fay of Dignity of a Bifhop, &c. but Election is to be by
thoſe that are forfeited to our King's Exchequer. And the King's Conge d'Eflire, or Licenſe, to elect the Per-
the Title to have thefe Goods is given to the King fon named by the King; which the Dean and Chap-
by the Law, when they are not claimed by fome ter must do in twenty Days, or they will incur a
other: As if a Man be indicted for ftealing the Goods Pramunire: And if they fail to make Election, the
of another Perſon, when they are in Truth his own King is to nominate, &c. by his Letters Patent.
proper Goods, and when the Goods are brought 25 H. 8. c. 20. The Ed. 6. c. 6. oufted the Writ of
in Court against him, and he is asked what he fays Conge d'Eflire, and impowered the King to collate
to the faid Goods, if he difclaims them, he fhall to an Archbishoprick or Bishoprick, abfolutely by
lofe the Goods, although that afterwards he be ac- Letters Patent. But this Statute was repealed by
quitted of the Felony, and the King fhall have 1 M. cap. 2. though the Election by Conge d'Eflire,
them as confifcated; but 'tis otherwife if he do not as now made, feems to be little more than Form.
diſclaim them. It is the fame where Goods are
found in the Poffeffion of a Felon, if he difavows
them, and afterwards is attainted for other Goods,
and not of them; for there the Goods which he
disavows are confifcate to the King; but had he been Coningeria, A Coney-Borough, or Warren of
attainted of the fame Goods, they fhould have been Conies- Item dicunt, quod Idem Dominus poteft ca-
faid to be forfeited and not confifcate. So if an Ap-pere in duabus Coningeriis quas habet infra, &c. 100
peal of Robbery be brought, and the Plaintiff Cuniculos per Annum, & valet quilibet Čuniculus 2 d.
leaves out fome of his Goods, he fhall not be re- Inquif. Anno 47 H. 3.
ceived to enlarge his Appeal; and forafmuch as
there is none to have the Goods fo left out, the
King ſhall have them as confifcate, according to the
Rule, Quod non Capit Chriftus, capit Fifcus. Staund.
P. C. lib. 3. cap. 24. Goods confifcated are generally
fuch as are arrested and feiſed for the King's Ufe:
But Confifcare and Forisfacere, are faid to be Synonyma;
and Bona Confifcata are Bona Forisfacta. 3 Inft. 227.
Conformity to the Church of England. See Stat.
35 Eliz. &c. and Recufant.
}
Congius, An ancient Meaſure, containing about
a Gallon and a Pint. Et reddat quinque Congios
cere & unum Ydromelli, &c. Charta Edmondi Regis,
Anno 946.
Conjuratio, Is an Oath; and Conjuratus, the fame
with Conjurator, viz. one who is bound by the fame
Oath. Conjurare is where ſeveral affirm a Thing by
Oath. Mon. Ang. Tom. 1. p. 207.
Confuration, (Conjuratio) Signifies a Plot or Com-
pact made by Perfons combining by Oath, to do any
publick Harm: But it is more especially used
for the having perfonal Conference with the Devil,
or fome evil Spirit, to know any Secret, or effect
any Purpoſe. The Difference between Conjuration
Confrairie, (Confraternitas) A Fraternity, Brother-and Wit hcraft is, that a Perfon uſing the one endea-
hood, or Society; as the Confrairie de St. George, or
Les Chevaliers de la bleu Gartier, the Honourable So-
ciety of the Knights of the Garter.
}
vours by Prayers and Invocations to compel the
Devil to fay or do what he commands him; the o-
ther deals rather by friendly and voluntary Confe-
rence, or Agreement with the Devil or Familiar,
to have his Defires ferved, in Lieu of Blood or o-
ther Gift offered. And both differ from Enchant-
Congeable, (From the Fr. Conge, i. e. Leave or ment or Sorcery; becauſe they are Perfonal Confe-
Permiffion) Signifies in our Law as much as lawful,rences with the Devil, and theſe are as it were
Confreres, (Confratres) Brethren in a Religious
Houfe; Fellows of one and the fame Society. Stat.
32 Hen. 8. c. 24.
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bur Medicines and ceremonial Forms of Words, | King's Peace kept: And of theſe Confervators Lambard
ufually, called Charms, without Apparition. Cowel. faith, That before the Reign of Ed. 3. who firft
Hawkins, in his Pleas of the Crown, lib. 1. pag. 5. created Fuftices of Peace, there were divers Perfons.
fays that Conjurors are thoſe who by Force of certain that by the Common Law had Intereft in keeping
Magick Words, endeavour to raiſe the Devil, and the Peace; fome whereof had that Charge by Te-
oblige him to execute their Commands. Witches are nure, as holding Lands of the King by this Service,
fuch who by Way of Conference bargain with an &c. And others as incident to their Offices which
evil Spirit, to do what they defire of him; And Sor- they bore, and fo included in the fame, that they
cerers, are thoſe who by the Ufe of certain fuper- were nevertheleſs called by the Name of their Of
ftitious Words, or by the Means of Images, &c. are fice only: Alfo fome had ir fimply, as of itſelf, and
faid to produce ftrange Effects, above the ordinary were thereof named Cuftodes Pacis, Wardens or Con-
Courſe of Nature. All which were anciently pufervators of the Peace. The Chamberlain of Chester is
nifhed in the fame Manner as Hereticks, by the Writ a Confervator of the Peace in that County, by Virtue
de Hæretico Comburendo, after a Sentence in the Ec- of his Office. 4 Inft. 212. Sheriffs of Counties at
clefiaftical Court: And they might be condemned Common Law are Confervators of the Peace; and Con-
to the Pillory, &c. upon an Indi&tment at Common ftables, by the Common Law were Confervators, but
Law. 3 Inft. 44. H. P. C. 38. But by Stat. 1 Fac. 1. Tome fay they were only fubordinate to the Conserva-
c. 12. Theſe Offenders are divided into two Degrees; tors of the Peace, as they are now to the Justice.
and thofe in the first Degree, and their Acceffaries Conservatoz of the Cruce and Safe Conducts,
before, fhall fuffer as Felons without Benefit of (Confervator Induciarum & falvorum Regis Conductuum)
Clergy; and of thefe there are the four following Was an Officer appointed by the King's Letters Pa-
Species. 1. Such as fhall ufe any Invocation or tent, whofe Charge was to inquire of all Offences
Conjuration of any evil Spirit. 2. That confult, co- done againft the King's Truce and Safe Conducts
venant with, entertain, employ, or reward any upon the main Sea, out of the Liberties of the Cinque
evil Spirit, to any Intent. 3. As take up any dead Ports, as the Admirals cuftomably were wont to do,
Perfon's Body, or any Part thereof, to be uſed in and fuch other Things as are declared 3 Hen. 5. c. 6.
any manner of Witchcraft. 4. Or that exercife Two Men learned in the Law were joined to Confer-
any Witchcraft, Inchantment, Charm or Sorcery, vators of the Truce as Affociates; and Masters of
whereby any Perfon fhall be killed, deftroyed, con- Ships fworn not to attempt any Thing againſt the
fumed, or lamed in his Body, or any Part thereof. Truce, &c. And Letters of Requeft and of Marque
And if a Spirit doth not actually appear, upon Invo- were to be granted when Truce was broken at Sea,
cation, Or if a dead Perfon or Part of it be to make Reftitution. Stat. 4 H. 5. c. 7.
taken up to be uſed, and not actually ufed; they are
within the Statute: But one'muft actually effect the
Mischief to be within the Claufe of killing, laming,
Ec. 3 Inft. 45. H. P. C. 6, 7. Thofe in the fecond De-
gree
fhall for the first Offence, fuffer a Year's Impri-
fonment, and the Pillory; and for the Second, be
adjudged Felons, excluded Clergy: And thefe Of
fenders are divided into the following Kinds: Such
as take upon them by Witchcraft, Charm, &c. to
tell where Treafure, or Things loft or ftolen, may
be found; or to do any Thing to the Intent to pro-
voke any Perfon to unlawful Love; or to hurt any
Perfon in his Body; or whereby any Cattle or Goods
of any Perfon, fhall be deftroyed or impaired, &c.
but thoſe who take upon them to do the Laft, are
not within the A&t, unless they actually accomplish
it. 3 Inft. 46. Stat. 1 Fac. 1. c. 12. This Statute of
K. James I. against Conjuration and Witchcraft is re-
pealed; and no Proſecution ſhall be commenced on
the fame: But where Perfons pretend to exercife
any kind of Witchcraft or Conjuration, &c. Or under-
take to tell Fortunes, or from their Skill in any
crafty Science to difcover where Goods ftolen or loft
may be found; upon Conviction, they fhall be
Imprisoned a Year, and ftand in the Pillory once in
every Quarter, in fome Market-Town, and may
be ordered to give Security for their Good Be-
haviour, by Stat.' 9 Geo. 2. c. 5.
There was anciently a Confervator of the Privileges
of the Hofpitalers and Templars. Weft. 2. c. 43. And
the Corporation of the Great Level of the Fens con-
fifts of a Governor, fix Bailiffs, twenty Confervators,
and Commonalty. Stat. 15 Car. 2. cap. 17.
Confideratío Curiæ, Is often mentioned in Law
Pleadings, and where Matters are determined by
the Court. Ideo Confideratum eft per Curiam, i. e.
Therefore it is confidered and adjudged by the
Court; for Confideratio Curia is the Judgment of the
Court. In the Entry of a Judgment for Debr, it
concludes thus: Ideo Confideratum eft per Cur. quod
prad. A. recuperet verfus prafat. B. Debitum fuum,
necnon, &c. pro Dampnis fuis, &c. quam pro Mif. &
Custag', &c. Et præd. B. in mia', &c.
Confideration, (Confideratio) Is the material
Caufe or Quid pro quo, of any Contract, with-
out which it will not be effectual or binding.
This Confideration is either expreſſed; as when a Man
bargains to give fo much, for a Thing bought; or
to fell his Land for 100 or grants it in Exchange
for other Lands; or where I Promife that if one
will marry my Daughter, or build me a Houſe, &c.
I will give him a certain Sum of Money; or one a-
grees for 20 s. to do a Thing. Or it is implied, when
the Law itfelf enforces a Confideration; as where
a Perſon comes to an Inn, and there ftaying cats
and ftrinks, and takes Lodging for himſelf and
Horfe, the Law prefumes he intends to pay for both,
tho' there be no exprefs Contract for it; and there-
Confanguineo, Is a Writ mentioned in Reg. Orig.fore if he difcharge not the Houfe, the Hoft may
de Avo, Proavo & Confanguineo, &c. f. 226.
itay his Horſe: And fo if a Taylor makes a Gar-
Confanguinity, (Confanguinitas) Is a Kindred by ment for another, and there is no exprefs Agree-
Blood or Birth: As Affinity is a Kindred by Mar-ment what he fhall have for it; he may keep the
riage: And it is confiderable in the Difcent of Lands,
who fhall take it as next of Blood, &c. And alſo
in Adminiſtrations, which fhall be granted to the next
of Kin. See the Heads.
Conqueft, Countries got by, what Laws to have
for Government. See King.
Confervator, (Lat.) A Protector, Preferver, or
Maintainer; or a ftanding Arbitrator, chofen and
appointed as a Guarantee to compofe and adjuft Dif-
ferences that should arife between two Parties, &c.
Paroch. Antiq. p. 513.
Confervator of the Peace, (Confervator vel Cuftos
Pacis) Is he that hath an efpecial Charge to fee the
Clothes till he is paid, or fue the Party for the
fame. 5 Rep. 19. Plowd. 308. Dyer 30, 337. Alfo
there is a Confideration of Nature and Blood; and va-
luable Confideration in Deeds and Conveyances: But
if a Man be indebted to divers others, and in Confi-
deration of natural Affection, gives all his Goods
to his Son, or other Relation, this fhall be con-
ftrued a fraudulent Gift, within the Stat., 13 Eliz.
cap. 5. becauſe that A&t intends a valuable Confidera-
tion. Terms de Ley 165, 166. Confiderations of natu-
ral Love, Affection, Marriage, &c. are good to
raife
5
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Church, or other convenient Place of his Dioceſe,
for Ecclefiaftical Caufes. 4 Inft. 338. The Bishop's
Chancellor is the Judge of this Court, fuppoſed to
be skilled in the Civil and Canon Law: And in
Places of the Diocefe, far remote from the Bishop's
Confiftory, the Bishop appoints a Commiffary, (Com-
miffarius Foreneus) to judge in all Caufes within a
certain Diftrict, and a Regiſter to enter his Decrees,
c. 2 Roll. Abr. 286. Selden's Hift. of Tithes, 413,
414.
Confolidation, (Confolidatio) Is ufed for the Uni-
ting of two Benefices into one. Stat. 37 H. 8. c. 21.
Which Union is to be by the Affent of the Ordina-
ry, Patron and Incumbent, &c. and to be of ſmall
Churches lying near together. Vide Church. This
Word is taken from the Civil Law, where it fignifies
properly an Uniting of the Poffeffion, Occupancy
or Profit of Lands, &c. with the Property. See
Extinguijbment.
*
!
raiſe Uſes to a Man's Family: If the Ufes are li-hi's Chancellor, or Commiffary in his Cathedral
mited to a Stranger, then it must be for valuable
Confideration, not for Love, Affection, &c. 1 Inft.
271. 1 Rep. 176. A Sale can never be without a va-
luable Confideration: Tho' the Law establishes free
Gifts without the fame. Noy's Max. 87. Hob. 230.
One may fell his Freedom and Privilege for a Con-
fideration; for by the Confideration it is intended he
hath a full Recompence for it, by Reafon of his
own Contract. And a Man may, upon a valuable
Confideration reſtrain himſelf by Contract from ufing
his Trade in fuch a particular Place. 1 Lill. Abr.
297, 298. A Confideration ought to be Matter of
Profit and Benefit to him to whom it is done; by
Reason of the Charge or Trouble of him who doth
it. Cro. Car. S. Confiderations altogether pafs; as if a
Perfon hath disbursed feveral Sums for another,
without his Requeft, and afterwards fuch others fay,
that in Confideration he hath paid the faid Sums for
him, he promiſes to pay them: This is no Confi-
deration, becauſe it was executed before. But it will Confpiracy, (Confpiratio) Is uſed for an Agreement
be otherwife, if the Sums were paid at the Re- of two or more Perfons falfly to indict one, or to
queft of the other. Moor 220. Cro. Eliz. 282. A mere procure him to be indicted of Felony; who after
voluntary Curtefy will not be a good Confideration of Acquirral, fhall have Writ of Confpiracy: And Writ
a Promife: But the Value and Proportion of the of Confpiracy lies for him that is indi&ted of a Treſ-
Confideration is not marerial, to maintain an Action; pafs, and acquitted, though it was not Felony :
for a Shilling, or a Penny, is as much binding as Alfo upon an Indictment for a Riot. 2 Mod. 306.
100l. Though in thefe Cafes, the Jury will give 5 Mod. 405. Where a Man is falfly indicted of any
Damages proportionably to the Lofs. Hob. 4. 10 Crime, which may prejudice his Fame or Reputa
Rep. 76. A Confideration that is void in Part, is void tion; and though it doth not import Slander, if it
in the Whole: And if two Confiderations be alledged, endangers his Liberty; or if the Indictment be in-
and one of them is found falfe by the Jury, the jurious to his Property, &c. Writ of Confpiracy
Action fails. Hub. 126. Cro. Eliz. 848. But if there be lieth. 3 Salk. 97. And for a falfe Charge, before
a double Confideration, for the Grounding of a Pro- the Party is acquitted of it, Indictment lies, &c.
mife, for the Breach whereof an Action is brought; But tho a Confpiracy to charge falfly be indictable,
tho' one of the Confiderations be not good, yet if the yet the Party ought to fhew himfelf to be innocent;
other be good, and the Promiſe broken, the Action and the Writ of Confpiracy lies not without an
will lie upon that Breach: For one Confideration is Acquittal. Mod. Caf. 137, 185, 186. Not only
enough to support the Promife. 1 Lill. 297. A Con- Writ of Confpiracy, which is a civil Action at the Suit
fideration must be lawful, to ground an Affumpfit. of the Party; but alfo Action of the Cafe in the Na-
2 Lev. 161. Where Confiderations are valuable, and ture of a Writ of Confpiracy, doth lie for a falfe and
confift of two or more Parts, there the Performance malicious Accufation of any Crime, whether Capi-
of every Part ought to be fhewn. Cro. El. 579. If a tal, or not Capital, even of High Treafon; and
Deed exprefs a Confideration of Money, on a Purchaſe, though the Bill of Indictment is found Ignoramus,
it is faid this will be no Proof on a Trial that the or it does not go fo far as an Indictment. And the
Money was actually paid; but it is to be made out fame Damages may be recovered in ſuch Action, as
by Proof of Witneffes. Style's Rep. 169. In Cafe a in a Writ of Confpiracy, where the Party is lawfully
Deed of Feoffment be made of Lands; or a Fine acquitted by Verdict. I Roll. Ab, 111, 112. 9 Rep.
and Recovery be paffed, and no Confideration is ex-56. If one falfly and malicioufly procure another
preffed in the Decd, &c. for the doing thereof, it
fhall be intended by the Law, that it was made in
Truft, for the Ufe of the Feoffor or Conufor; for
it fhall be prefumed he would not part with his
Land without a Confideration, and yet the Deed fhall
be conftrued to operate fomething, and that which
is moſt reaſonable. i Lill. Abr. 299.
Confign, Is a Word uſed by Merchants, where
Goods are affigned or delivered over to a Factor,
c. Lex Mercat.
to be arrefted, and brought before a Juftice of Peace
to be examined concerning a Felony, &c. on pur-
pofe to vex and difgrace him, and put him to
Charges and Trouble, although he is not indicted
for the fame, yet he may have an Action of the
Cafe; in which he need not aver that he was law-
fully acquitted, as he ought to do in a Writ of Con-
fpiracy; but he must aver that the Accufation was
Falfo Malitiofe, which Words are neceffary in the
Declaration; and it must appear that there was no
Ground for it. And as Action on the Cafe may be
profecuted againſt one Perfon, where the Writ of
Confpiracy or Indictment doth nor lie but against
two, this Action is most commonly brought. 1 Danv.
Abr. 208, 213. 2 Inft. 562, 638. Confpirators may be
indicted at the Suit of the King; and at the Com-
mon Law, one may prefer an Indictment against
Confpirators, who only confpire together, and nothing
is executed; Though the Confpiray ought to be de-
Ro-clared by fome A&t, or Promife to ftand by one an-
other, &c. But a bare Confpiracy, will not maintain
a Writ of Conspiracy, at the Suit of the Party griev
ed, becaufe he is not damaged by it; tho' it is a
Ground for an Indicnicnt. 9 Rep. 56. 2 Roll. Abr. 77.
If the Defendants can fhew any Foundation or pro-
bable Caufe of Sufpicion, they fhall be difcharged:
And if a Man hath good Caufe of Sufpicion, that
a Perfon is Guilty of Felony, and caufes him to
Confilium, (Dies Confilii) Was a Time allowed
for one accufed to make his Defence, and anfwer
the Charge of the Accufer. In aliis querat Ac-
cufatus Confilium, & habeat ab amicis & paribus fuis,
quod nullo jure debet defendi, &c. Leg. H. 1. c. 46. It
is now uſed for a ſpeedy Day appointed to argue a
Demurrer; which the Court grants after the De-
murrer joined on reading the Record of the Caufe,
Exxc.
Confiftor, A Magiftrate fo called: Teftibus
gero de Gant, Willielmo Confiftore Ceftria, &c.
Blount.
Confiftory, (Confiftorium) Signifies as much as
Prætorium, or Tribunal: It is commonly uſed for a
Council-Houfe of Ecclefiaftical Perfons, or Place of
Juſtice in the Spiritual Court; a Seffion or Affem-
bly of Prelates. And every Archbishop and Bishop
of every Dioceſe, hath a Confiftory Court, held before
be
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And fuch as retain Men in the Country, with Li-
veries, or Fees, to maintain their malicious Enter-
prizes, which extends as well to the Takers, as the
Givers; and Stewards and Bailiffs of great Lords,
who by their Office or Power, undertake to bear and
maintain Quarrels, Pleas or Debates, that concern
other Parties than fuch as relate to the Eftate of their
Lords or themfelves. 2 Inft. 384, 562. And againſt
Confpirators, falfe Informers and Imbracers of In-
queft, the King hath provided a Writ in the Chan-
cery; and the Juftices of either Bench and Juftices
of Affife, fhall on every Plaint, award Inquest
thereupon. Stat. 28 E. 1. c. 10. From the Defcrip-
tion of Confpirators, in feveral of our old Law Books,
Confpiracy is taken generally, and confounded with
Maintenance and Champerty. Befides thefe, there are
Confpirators in Treafon; by plotting against the Go-
vernment, &c. Sce Treafon.
Confpiratione, Is a Writ that lies againſt Confpi-
rators. Reg. Orig. 134. F. N. B. 114.
be indicted, in Profecution of Justice, notwith
ftanding there be no Felony committed, Action of
Conspiracy will not lie: But 'tis otherwife if the
Profecutor impofes the Crime of Felony, where no
Felony was commited. 1 Rol. Abr. 115. and Rep. 438.
An Action lies not against a Justice of Peace, who
fends out his Warrant upon a falfe Accufation; but
it lies if he makes it out without any Accufation.
1 Leon. 187. Confpiracies ought to be out of Court;
for if a Profecution be ordered in a Courfe of Ju-
ftice, and Witneffes appear against a Party, &c.
there fhall be no Punishment: And if Perfons act
ed only as Jurors in a criminal Matter; or Judges
in open Court, there is no Ground for Profecution.
S. P. C. 173. 12 Rep. 24. If all the Defendants but
one are acquitted on Indictment for Confpiracy, that
one must be acquitted alfo; becaufe one Perfon a-
lone cannot be indicted for this Crime: And Huf
band and Wife being but one Perfon, may not be
indicted. 2 Rol. Abr. 708. The Acquittal of one Per-
Per-rators.
fon is the Acquittal of another upon Indictment of Constable, (Constabularius) Is a Saxon Word, com-
Conspiracy. 3 Mod. 220. Though where one is found pounded of Coning, i. e. King, and Staple, which fig-
guilty, according to the Opinion of the Lord Chief nify the Stay or Hold of the King. This Word is
Juftice Hale; if the other doth not come in upon diverfly used in our Law; firft for the Lord Confta-
Procefs, or if he dies pending the Suit, Judgment ble of England, whofe Power was antiently fo exten-
fall be had against the other. 1 Vent. 234. Writ five, that fome Time fince that Office hath been
of Confpiracy was brought againſt two Perfons, and one thought too great for any Subject; unless at the
found Not guilty; the other fhall not have Judg- King's Coronation to compleat the Grandeur of
ment: But in Action on the Cafe, it had been good, that Ceremony, and for the antient Trials by Com-
Cro. Eliz. 701. If the Parties are found guilty of bat, &c. In the Reign of Henry the Fourth, the
the Confpiracy, upon an Indictment of Felony, at Lord North was made Lord Conftable for Life: And
the King's Suit; the Judgment is, that they fhall this Office being formerly of Inheritance, by Te-
lofe their Frank Law (which difables them to be nure of certain Manors, the Line of the Bobuns,
pur upon any Jury, to be fworn as Witneffes, or to Earls of Hereford and Effex, enjoyed it in Right of
appear in Perfon in any of the King's Courts) and the Manors of Harlefield, Newman, and Witenhurst,
that their Lands, Goods and Chattels be feifed as and afterwards it came to the Staffords, and Dukes
forfeited, and their Bodies committed to Prifon; of Buckingham, as Heirs, general of them; but Ed-
which is called a Villanous Judgment. 2 Inft. 143, 222. ward Duke of Buckingham being attainted of High
Crompt. Fuft. 156. The Matter of the Confpiracy ought Treafon Anno 13 H. 8. this Office became forfeit-
to touch a Man's Life, where this Judgment is im-ed to the Crown, and fince that Time it was never
pofed, 1 Hawk. P. C. 193. For confpiring to charge
a Perſon with poifoning another, &c. one of the Par-
ties was fined 1000 l. and fome others had Judgment
of the Pillory, and to be burnt in the Check with
the Letters F. and C. to fignify Falfe Confpirators.
Moor 816. Fine and Imprifonment is the ufual Pu-
nifhment at this Day on Indictment. for Confpiracy:
And on Writ of Confpiracy, &c. the Party fhall be
fined, and render Damages. There is a Confpiracy to
maintain Suits and Quarrels; and of Victuallers,
to fell their Victuals at certain Prices; of Labour-
ers and Artificers, &c. punishable by Statutes 33
Ed. 1. 37 H. S. 2 & 3 Ed. 6.
G
A Writ of Confpiracy.
EORGE the Second, &c. To the Sheriff of
B. Greeting: If A. B. fhall make you Secure
in profecuting, &c. then put C. D. and E. F. to find
Pledges and Sufficient Sureties, that they be before us at
Weftminster, on the Day, &c. to fhew, why by Con-
fpiracy between them had at W. they falfly and Ma-
liciously procured the faid A. B. to be Indicted of a certain
Felony of, &c. and him on that. Occafion to be taken,
and in our Prifon of R. until in the Court before our beloved
and faithful, &c. our Juftices, &c. according to the
Law and Custom of our Realm he was acquitted, to be
there detained; to the great Damage of him the faid
A. B. and against the Form of the Statute or Ordinance
in fuch Cafe made and provided; and have you there the
Names of the Pledges, and this Writ. Witness, &c.
1
Confpirators, (Confpiratores) By 33 E. 1. are de-
fined to be thofe that do bind themfelves by Oath,
Covenant, or other Alliance, that every of them
fhall aid the other falfly and maliciously to indict
Perfons; or falfly to move or maintain Pleas, &c.
granted but pro bac vice, to be exercifed at a Coro-
nation, &c. The Power and Jurifdiction of the Lord
High Conftable, was the fame with the Earl Marshal.
and he fat as Judge having Precedence of the Earl
Marfhal in the Marshal's Court: But the Constable
of England is by fome of our Books alfo called Mar-
hal; who takes Cognizance of all Matters of War
and Arms, and had originally feveral Courts under
him; but has now only the Marfpalfea; and his Of
fice is in Force both in Time of Peace and War, fo
that tho the Lord Conftable had the Precedency, yet
the Court held before them was called the Marshal's
Court. See my Lex Conftitutionis, p. 175, 176. Of this
Officer or Magistrate, Gwyn faith to this Effect; The
Court of the Conftable and Marshal determineth Con-
tracts touching Deeds of Arms out of the Realm
upon Land, and handleth Things concerning War
within the Realm, as Combats, Blazons of Armory,
&c. which cannot be determined by the Common
Law; and in thefe Matters is commonly guided by
the Civil Law. By Statute, the Conftable of England
hath Cognizance of Things concerning Arms and
Wars, which cannot be difcuffed by the Common
Law: And when a Plea is commenced before the
Conftable and Marſhal, which may be tried at the
Common Law, the Party grieved fhall have a privy
Seal to caufe the Conftable and Marshal to cease, un-
til it be decided by the King's Counſel whether it
may be tried there or at the Common Law. 13. R. 2.
c. 2. The Constable and Marshal ſhall not have Cog-
nizance of Pleas or Suits that ought to be tried at
Common Law. Stat. 8 R. 2. c. 5. Appeals of Things
done out of the Realm, are to be tried by the Con-
ftable and Marshal of England. I H. 4. c. 14. And if
a Man be wounded on the High Sea, and die of
the fame Wound in a foreign Country, though this
be done in the Seas belonging to England, yet it
cannot be inquired of by the Common Law, becaufe
it
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it is not within any of the Counties of the Realm: a Year, the Jultices of Peace may difcharge them,
Neither can the Admiral hear and determine this and put in others till the Lord of the Manor
Murder; for though the Stroke was within his Ju- holds a Court. By Stat. 13 14 Car 2. cap. 12. A
rifdi&tion, the Death was Infra Corpus Comitatus, Constable's Oath runs thus: You fhall well and tri-
whereof he cannot inquire: Nor is it within the ly ferve our Sovereign Lord the King, and the
Stat. 28 H. 8. becauſe the Murder was not commit Lord of this Leet (if fworn in a Court-Leet) in the
ted on the Sea. But by Stat. 13 R. 2. the Conſtable 'Office of Conftable, in and for the Hundred of, &c.
and Marſhal may hear and determine the fame. or Parish of, &c. for the Year enfuing, or until you
And vide the 2 Geo. 2. c. 21. The Office of Conftable fhall be thereof difcharged according to due Cous fe
of England is faid to confift in the Care of the com- of Law: You fhall well and truly do and execute
mon Peace of the Land, in Deeds of Arms and Mat- all Things belonging to the faid Office, according
ters of War: And there is a Conftable of the Tower; to the best of your Knowledge. So help you Go.
a Conftable of Dover Caftle and of divers other Caftles; Formerly the Oath of a Conftable was very long, I e
but thefe are more properly called Caftellanes. Out being fworn to feveral Articles which included his
of the High Magiftracy of the Conftable of England particular Duty. High Conftables are generally cho-
(fays Lambard) were drawn thoſe inferior Conftables, fen and fworn by the Juftices of Peace in their Sef
which we call Conftables of Hundreds and Franchifes; fions: And Petty Conftables, who are their Affiftants,
and the Statute of Winchester, 13 E. 1. appoints for in each Town, Parish or Vill, the Choice of them
Confervation of the Peace, and View of Armour, properly belongs to the Court-Leet; but at this Day
two Conftables in every Hundred and Franchife, who they are ufually elected by the Parishioners, and
in Latin are called Conftabularii Capitales, High Confta- fworn by a Juftice of Peace, who on juft Caufe may
bles; becauſe Continuance of Time, and Increaſe remove them. 4 Inft. 267. Theſe Constables are a
of People and Offences, hath under thefe made o- pointed yearly; and are to be Men of Honefty,
thers neceffary in every Town, called Petty Confta- Knowledge and Ability, not Infants, Lunaticks, &c.
bles, in Latin Sub Conftabularii, which are of like And if they refufe to ferve, they may be bound over
Nature, but of inferior Authority to the other.to the Seffions, and indicted, and fined and impriſon-
And there are other Officers, whofe Duty is much ed. 8 Rep. 41. 5 Mod. 96. But Phyficians, Apo: he-
the fame with Conftables; as Headboroughs, Tithing- caries, &c. are excufed by Statute from bearing the
men, &c. of which the Petty Conftable feems to be Office of Constable, or other Parish Office: Alfo
the principal Officer, but in his Abfence, or where Attornies, and Officers of the Courts at Weſtminſter,
there is no Petty Conftable, their Duty is the fame. Barristers at Law, Aldermen of London, &c. are pri-
It has been held that both High Conftables, and vileged from ferving the Office of Conftable: And if
Petty Conftables, were Officers at Common Law, be- a Gentleman of Quality be chofe Conftable, where
fore the Statute of Winton, 13 Ed. I. cap. 6. And there are fufficient Perfons befide, and no fpecial
that by the Common Law they might arreft Perfons Cuſtom concerning it; 'tis faid fuch Perfons may be
for a Breach of the Peace, and carry them before a relieved in B. R. 2 Hawk. P. C. 63, 64. A Conftable
Juftice to find Sureties for their good Behaviour, may make a Deputy; but the Conftable is anfwer-
c. But my Lord Coke fays, That they were cre- able, and his Deputy must be fworn. Sid. 355. Dif-
ated by 13 Ed. 1. and their Duty was thereby limit- fenters chofen to the Office of Constables, c. fcru-
ed, though fubfequent Statutes have enlarged their pling to take the Oaths, may execute the Office by
Power; but being created by A&t of Parliament, Deputy, who fhall comply with the Law in this
they have no more Authority than the Act that cre- Behalf. 1 W. M. c. 18. Conftables may appoint a
ated them, or fome other A&ts have given them, and Deputy, or Perfon to execute a Warrant when by
cannot preſcribe as Officers at the Common Law Reafon of Sickneſs, &c. they cannot do it them-
may. 4 Inft. 267. 2 Danv. Abr. 148. Anciently High felves. A Woman made Conftable, by Virtue of a
and Petty Conftables were appointed by the Sheriff Cuftom, that the Inhabitants of a Town fhall ferve
in his Tourn, and fworn there as well as in the Lect: by Turns, on Account of their Eftates or Houſes,
And by the Common Law, they ought to be chofen may procure another to ferve for her, and the Cu-
in the Tourn or Leet. Dalt. cap. 21. Of common ftom is good. 2 Hawk. P. C. 63. The High Confta-
Right, a Constable is to be chofen by the Jury in the ble has the Direction of the Petty Conftables, Headbo-
Leet; and if he be prefent, and refufe to be fworn, roughs, and Tithingmen, within his Hundred: His
the Steward may fine him: If he be abfens, he Duty is to keep the Peace, and apprehend Felons,
fhall be fworn before Juftices of Peace; and if Rioters, c. to make Hue and Cry after Felons;
fuch Constable refufes to be fworn, the Jury muft pre- and take Care that the Watch be duly kept in his
fent his Refufal at the next Court, and then he Hundred; and that the Statutes for punishing
fhall be amerced, for the Steward of the Leet may Rogues and Vagrants be put in Execution. He
not fine him if he is abfent. 1 Salk. 175. 5 Mod. 130. ought to prefent unlawful Games; Tipling, and
A High Conftable may be chofen at a Court-Leet by Drunkennefs; Bloodshed, Affrays, &c. He is to ex
the Steward, on Prefentment of the Jury, when ecute Precepts and Warrants, dire&ed to him by
Cuſtom warrants it; but where fuch Courts are Juftices of the Peace, and make Returns to the Sef
not kept, or there is a Neglect in chufing him, the fions of the Peace to all the Articles contained in
Juftices at their Quarter-Seffions may chufe and his Oath, or that concern his Office: And fhall
fwear a High Conftable; and this is the ufual Way alfo caufe the Petty Conftables to make their Re-
obferved at this Time. Mich. 21 Car. 1. Med. Fuft. turns. He is to Return all Victuallers and Alehouſe-
133. And he may be fworn out of Seflions, by keepers that are unlicensed; and all fuch Perfons
Warrant from thence; and be elected out of the as entertain Inmates, who are likely to be a Charge
Seffion, by the greater Number of Justices in the to the Parish. He muft likewife prefent the Faults
Divifion. Ibid. If one that is elected to the Office of of Petty Conftables, Headboroughs, c. who neglect
Conftable, refufe to take the Oath to ferve in that to apprehend Rogues, Vagrants and idle Perfons,
Office, a Writ of Mandamus may be had to compel Whores, Night-walkers, Mothers of Baftard Chil-
him to do it. I Lill. Abr. 303. The Juftices of Peace dren like to be chargeable to the Parish, &c.
may appoint a Conftable in fuch Place where there And alfo all Defects of Highways and Bridges, and
was never any before. 1 Mod. 13. If Conftables, Head- the Names of those who ought to repair them: Sca-
boroughs, &c. die or go out of the Parish, two Ju-vengers who neglect their Duty; and all common
ftices of Peace are to fwear new ones till the Lord
of the Manor hold a Court-Leet, or till the next
Quarter-Seffions, who fhall approve of them or
appoint others: And if any of them continue above
་
Nufances in Streets and Highways; Bakers who fell
Bread under Weight; Brewers felling Beer to un
licenſed Alehoufes; Foreftallers, Regrators, In
groffers, &c. And at every Quarter-Seffions they
X X
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appre-
are to pay to the Treafurer of the County all fuch | Salk. 381. If a Warrant be directed to a Confta-
Money as hath been levied and received by them, ble by Name, commanding him to execute it, tho
of the Church wardens, &c. for the Relief of Pri- he is not compellable to go out of his own Pariſh,
fons and Hofpitals. Dalt. Ca. 28. Lamb. 125. By Sta-yet he may if he will, and execute it in any Place in
tute, High Conflables now Collect a general County the County, and fhall be justified by the Warrant
Rate, made by the Juftices in Seffions, and affeffed for fo doing; but if the Warrant be directed to all
upon every Parish, &c. which the Church wardens Conftables, &c. generally, no Conftable can execute
and Overfeers, out of the Money raiſed for the the fame our of his Precin&. 1 Salk. 175. 3 Salk. 99.
Poor, fhall pay to them within thirty Days, or may It is at the Election of a Constable to carry an Of-
be levied by Diftrefs; and then they pay the fame fender before any other Juftice, than him who if
to the Treaſurers appointed, as the publick Stock fued the Warrant; if the Warrant be not fpecial,
for repairing Bridges, Gaols, Houfes of Correction, to bring the Offender before the Juftice that grant-
c. Stat. 12 Geo. 2. cap. 29. The Authority of ed it. 5 Rep 59. A Conftable is not obliged to re-
Petty Conftables, in their feveral Towns, Tithings, turn a Juftice's Warrant to the Juftice, but may
and Boroughs, is generally the fame as the High keep the fame for his own Juftification, in Cafe
Conftables hath in his Hundred: They are to keep he fhould be queftion'd for his Acting; but he muſt
the Peace in the Abfence of the High Conftable; give the Juftice an Account of what he hath done
and affift him in making Prefentments at the Af upon it. 2 Ld. Raym. 1196. And by Holt Chief
fizes and Quarter Seffions, of every Thing that Juftice, where the Conftable returns Want of Diftrefs
is amifs: They may command Affrayers to keep the upon a Warrant to diftrain; the Justice ought to
Peace, and depart, &c. And may break into a make a Record of it, and then give Judgment for
Houfe to fee the Peace kept; make freſh Purfuit corporal Punishment. Ibid. Conftables, Headboroughs,
into another County, &c. Alfo they may command &c. out of Purſe in their Offices, they and the In-
all Perfons to affift them, to prevent a Breach of habitants may tax all Perfons chargeable by the 43
the Peace; juftify Beating another if affaulted; El. c. 2. as every Occupier of Land, &c. which Rate
and if they happen to be killed, doing their Duty, being confirmed by two Juftices, the Conftables may
it will be taken to be premeditated Murder. They levy it by Diftrefs and Sale of Goods. Stat. 13 & 14.
may, without Warrant from a Juftice of Peace, Car. 2. A Conftable by Warrant from a Juftice of
take into Cuftody any Perfons whom they fee com- Peace, may fell the Goods of an Offender
mitting a Felony or Breach of the Peace; but if it hended, to diſcharge the Expence of carrying him
be out of their Sight, as where a Perfon is feifed to Prifon: If the Offender hath no Goods, then the
by another, c. they may not do it without a War-Town where he was apprehended must be at the Ex-
rant from a Juftice. A Conftable cannot detain a pence, and the Conftable with three or four of the
Man at his Pleafure; but only ftay him to bring principal Inhabitants, may impofe a Tax on every
him before a Juftice, to be examined, &c. And this Inhabitant, &c. which being allowed by a Juftice, the
detaining of an Offender by the Conftable may be Conftable by his Warrant may levy it: And if the
for a Day, without Warrant, and be justified. Dalt. Inhabitants refufe to make a Tax; two Juftices may
c. 1, 8. Lamb. 125. H. P. C. 135. I Leon. 307. Moor by Warrant compel them to do it. 3 Fac. I. c. 10.
408. If one abufes a Conftable in the Execution of Conflables fued may plead the General Iffue, and
his Office, he cannot commit him to Prifon, there give the fpecial Matter in Evidence, for any Thing
to remain 'till punished for the Offence; but muft done in their Offices. 21 Fac. 1. c. 5. And if a Con-
carry him before a Juftice, who may commit him, ftable doth not his Duty, he may be indicted and
&c. 2 Danu. Abr. 149. But 'tis faid, by the original fined by the Juftices of Peace.
Power in the Conftable, he may for Breach of the The particular Duty of Conftables, is further as fol-
Peace, and fome other Mifdemeanors, lefs than Fe-lows: They are not only to command Affrayers to
lony, impriſon a Man: And if an Offence be com- depart, but call others to their Affiftance to fupprefs
mitted, for which a Conftable may Arreft, he may Affrays; and they may put Affrayers in the Stocks,
convey the Offenders to the Sheriff or his Gaoler; till they can convey them before a Juftice, &c. Dalt.
tho' the fafcft Way in all Cafes is to bring them to 33. Lamb. 135, 141. Conftables are to levy the Pe-
a Juftice, to be bailed or committed, as the Cafe nalties of Perfons keeping Alehouses without Licence,
fhall require. 2 Hale's Hift. P. C. SS, 90. The Con- felling less than Meaſure, &c. or forfeit 40 s. c.
ftable's Office being minifterial and relative to the 1 fac. 1. They are to ftop Perfons as go or ride
Juftices of Peace, Coroners, Sheriffs, &c. their Pre-unlawfully armed, in Terror of the People; take
cepts ought to be executed by him, or on Default
he may be indicted and fined. Ibid. Petty Conftables
are to execute all Warrants of Juftices, and not dif-
pute it where the Juftice bath Jurifdiction, and the
Warrant is lawful: And being fworn Officers, they
need not fhew their Warrants when they come to
arreft any one. 10 Rep. 76. If any Juftice fends his
Warrant to a Conftable, &c. to bring a Perfon before
him to anſwer all fuch Matters as fhall be objected
against him by another, and doth not fet forth the
fpecial Matter in the Warrant, the Warrant is un-
lawful, becauſe it doth not give the Offender Time
and Opportunity to find Sureties: And the Constable,
if he executes it, is liable to an Action of falle Im-
priſonment. 2 Inft. 521. So if a Juftice of Peace
fends a Warrant to a Constable to take up one for
Slaunder, &c. the Juftices having no Jurifdi&tion,
in fuch Cafes, the Conftable ought not to execute it.
The Conftable is the proper Officer to a Juftice of
Peace, and bound to execute his lawful Warrants;
and therefore where a Statute authorizes a Juftice
to convict a Perfon of any Crime, and to levy the
Penalty, &c. without faying to whom fuch Warrant
fhall be directed, the Conftable is the Officer to exc-
cute the Warrant, and muft obey it. 5 Mod. 130.
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away their Arms and carry them before a Justice
of Peace. Dalt. 338. To take up Artificers going out
of the Kingdom, by Juftice's Warrant. 5 Geo, 1.
Conftables fhall levy Penalties on Bakers, making or
felling Bread wanting Weight deficient in Goodness,
&c. and felling large Bread at a higher Price than
fet by Mayors, c. 1 Geo. 1.3 Geo. 2. The Can-
ftable of a Parish is to apprehend Mothers of Bastard-
Children. Dalt. A Conftable may with others called.
to his Affiftance enter Bawdy Houses, and arreft Per-
fons with lewd Women, for Breach of the Peace.
Mich. 13 Hen. 7. The Constable and two moſt able
Inhabitants in the Parish, are to make an Affffment
for the Repairs of Bridges, to be allowed by Juftices.
22 H. 8. The Forfeiture for mixing corrupt Butter
with good, and opening Casks, . is leviable by
Conftables. 14 Car. 2. 4 & 5 W. & M. By a Juftice's
Warrant, Conftables fhall levy Penalties for uſing
Cloth Buttons, &c. upon Clothes. 4 & 7 Geo. 1. Con-
ftables fhall provide Carriages on the marching of Sol-
diers, by Virtue of a Juftice of Peace's Warrant,
being allow'd by the Officers I s. a Mile for a Wag
gon, &c. 3 Geo. 1. They may feife Cattle brought
from Ireland, and caufe them to be killed, and the
Fleſh diftributed among the Poor. 18 Car. 2. High
+
Conftables
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Conftables may hear and determine Complaints of Cry, after him, &c. Dalt. 289, 340. 27 Eliz. Con-
Clothiers, and their Work-people; Search for and ftables muft levy the Penalty of 10s. for fishing in a
feife Ropes, Engines,&c. for the ftretching of Cloth: River, without the Owner's Confent; and fearch for
Spinfters, &c. imbezilling Wool from Clothiers, hall unlawful Nets, Engines, &c. Alfo levy Forfeitures
make Satisfaction, or be whipped by Conftables, &c. for ufing Engines to deftroy the Breed of Fiſh;
and Conſtables, by Warrant of two Juftices, may en- and felling Sea-fish under certain Lengths. 22 Ego
ter and fearch Houfes of Clothiers for Ends and Re- 23 Car. 2. 3 Fac. I. 4 & 5 Ann. 1 Geo. I. They
fufe of Yarn, which may not be worked up again, are to give Affiftance to Juftices of the Peace, in
under Penalties leviable by the Conftables; and they removing forcible Entries, &c. or fhall be committed
alfo levy by Diftrefs the Forfeiture, for taking away and fined. 5 R. 2. To prefent Foreftallers of Mar-
Cloth from the Tenters, or Yarn, Wool, c. left kets, Ingroffers, &c. 5 & 6 Ed. 6. Constables are to
abroad to dry in the Night. 4 E. 4. 39 Eliz. 7 carry Higlers, Chapmen, Victuallers, &c. before a
Fac. 1. 13 Geo. 1. 15 Geo. 2. Where Coals are fold Juftice, who have in their Cuftody any Hare, or
by Sacks not lawful Meafure, &c. Conftables fhall other Game; and by a Juftice's Warrant are to ſearch
levy the Forfeiture inflicted. 3 Geò. 2. Alfo the Pe- fufpected Houſes for Game, &c. They may carry
nalty for felling Coals, at higher Price than ap- Perfons, not qualified to kill Game, before a Juftice,
pointed, by Justice's Warrant, &c. 11 Geo. 2. Con- for keeping Grey-hounds, fetting Dogs, &c. 4 &.5
ftables, Headboroughs, & are to levy the Fines W. M. 5 Ann. 3 Geo. 1. They are to make a
impofed on thofe who fhall be prefent at unlawful Search Monthly for Gaming-boufes, where unlawful
Conventicles; and by Virtue of a Juftice's Warrant Games fhall be kept; and they may commit the
may enter fuch Places, break open Doors upon Masters of fuch Houſes, and the Gamefters found
their being refufed Entrance, and take into Cuftody therein: Though it is beft to carry them before a
Perfons unlawfully affembled, c. 22 Car. 2. To Juftice of Peace: Conftables neglecting their Du-
levy Penalties on Curriers, who do not curry Lea- ties in this particular, forfeit 40s. They likewife
ther fufficiently, or that neglect the fame within levy Penalties on Perfons for playing at unlawful
certain Times. I Fac. 1. 12 Geo. 2. They are to Games, Ace of Hearts, Pharaoh, &c. adjudg'd to be
be affifting to all Perfons appointed by the King a Kind of Lotteries. 33 Hen. 8. 12 Geo. 2. If
for the Collecting and Management of the Cu Gaolers refufe to receive a Felon, the Constable
toms; and to Perfons having a Warrant from the may either fecure the Prifoner in his Houfe, or car-
Lord Treaſurer, &c. to make a Search for Goods ry him back to the Town where apprehended: And
which have not paid the Cuftonis. 12 & 14 Car. 2. to defray the Charge of carrying him to Gaol, &c.
9 Geo. 2. The Penalties on Deer ſtealers are to be le- Conftables have Power to fell the Offender's Goods,
vied by Conftables, by Virtue of a Juftice's Warrant:c. or the fame may be levied by a Tax. 10 H. 4.
And the Penalties are 201. for hunting Deer in any Dalt. 340. 3 Fac. 1. In London and Westminster the
Place encloſed; and 30% for each Deer killed, Conftables, &c. fhall make a Search for Gunpowder
c. And they may enter any fufpected Place, and in the Houfes of Perfons keeping a greater Quan-
carry away Venilon, Skins of Deer, Toils, &c.tity than allowed by Statute, and remove the fame
13 Car: 2 3 & 4 W. & M. By Juftice's Warrant
to levy the Penalty of Distillers, c. felling Brandy,
about the Streets, on any Balks, or Sheds, &c.
6 Geo. 2. And Conftables, and other Officers of the
Peace, are to carry unlawful Retailers of Spiritu-
ous Liquors before a Juftice, & and refufing to be
aiding in executing the A&ts againſt Distillers, ſhall
forfeit 201. FL Geo. 2. Conftables are to affift Land-
lords in taking Diftreffes for Rent in Arrear; and in
the Appraiſement of the Goods, Sale, &c. if the
fame are not replevied in five Days 2 W. & M.
They fhall give Affittance to Searchers of Dyed
Cloths, in entering and examining whether the
Cloths or Stuffs are deceitfully dyed, &c. 13 Geo. 1.
They are to levy the Penalty of 5s. on Drunkards,
for the Ufe of the Poor; or fhall forfeit 10s, 4 Jac. 1.
Conftables are to attend Officers of the Excife, and
enter with them into Brew-houfes, private Houfes,
&c. for Discovery of Frauds: And by Warrant
from Juftices, they are to levy the Penalties on Of
fenders against any Law of Excife, by Diftrefs, &c.
12 Car. 2. and 7 & 8 W. 3. A Conftable permitting a
Felon to escape, before arrefted, is guilty of a Mif-
demeanor, for which he may be indicted and fined;
and if the Felon be actually in Cuftody and then he
voluntary permits him to escape, 'tis Felony in the
Confiable; but if the Efcape be involuntary, it is
only fineable: He may put a Felon in the Stocks,
and lock him in; or put Irons upon him, or pinion
him, to prevent an Escape. A Conftable may dif-
charge any Perfon arrefted on Sufpicion of Felony,
where no Felony is actually committed. Dalt. 272.
Cro. El. 262, 752. Conftables ex Offi io are to apprehend
Felons, may call other Perfons to their Affiftance
therein, and apprehend any upon Sufpicion, and
carry them before a Juftice, &c. A Constable, upon
Complaint or common Fame of a Felony, may
ſearch fufpicious Houses, both for the Felon and
Goods ftolen; and may juſtify breaking open a
Houfe to take a Felo; and if the Felon fly, he
is to make an Inventory of his Goods, fend Huc and
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5 & 11 Geo. I. And they are to levy the Penalty
for putting Gunpowder on board Ships, &c. above
Blackwall in the River Thames. 5 Geo. 2. If any
Conftable refuſe to affift in putting the Laws in Exe-
cution against Hawkers and Pedlars, that travel with-
out Licenfes, and are thereby liable to Penalties,
he fhall forfeit 40s. 8 & 9 W. 3. The Penalties for
felling Truffes of Hay, &c. under due Weight in the
Hay-market, are leviable by Constables. 2 W. & M.
Conftables are to whip Hedge-breakers, &c. for not
making Satisfaction ordered by a fuftice: They may
apprehend Perfons fufpected of Hedge-breaking, or
of having in their Poffeffion any Underwood, Poles,
Gates, Stiles, &c. and carry them before a Juftice,
&c. 43 El. 15. Car. 2. To be aiding and affifting in
putting the A&ts in Execution relating to the repair-
ing of the Highways; under the Penalty of 40s.
And they are to return Lifts of Perfons qualified for
the Office of Surveyor, to the Juftices in their Sef-
fions on the 3d of January yearly, under the Pe-
nalty of 20s. 22 Car. 2. 3 & 4 W. & M. 1 Geo. 1.
To levy the Penalty for privately conveying away
Hops, to avoid paying Duty; and Forfeiture for adul-
terating Hops, &c. 9 Ann. 1 Geo. 1. 7 Geo. 2. Con-
ftables are to be affifting in driving of Commons,
Forefts, &c. of Horfes and Cattle; on Pain of 40s.
32 H. S. They are to make Hue and Cry after Of
fenders where a Felony or Robbery is committed:
To call upon the Parishioners to affift in the Pur-
fuit; and if the Criminal be not found in the Pre-
cin&t of the firft Conftable, he is to give Notice to
the next Constable, and he to the next, who are to
do as the First, and continue the Purfuit from Town
to Town, and County to County, &c. 13 Ed. 1.
27 Eliz. Purfuers of the Hue and Cry may fearch
fufpected Houfes, and arreft all fufpicious Perfons.
And where Offenders are not taken, Constables ſhall
levy the Tax to fatisfy an Execution, on Recovery
againſt a Hundred, and pay the fame to the Sheriff,
&c. and neglecting to make Hue and Cry, fhall for-
feit 51. 8 Geo. 2. A Conftable on Complaint is to
caufe
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Towns, Parishes, c. by an old Law were to give
Teftimonials to Servants; And Servants not procu-
ring fuch were not to be retained, but punilhed as
Vagrants. 5 Eliz. By Virtue of a Juftice's Warrant
bezilled or pawned by Journeymen Shoemakers in
London, who fhall make Satisfaction, &c. 9 Geo. 1.
Conftables are to quarter Soldiers in Inns, Alehoufes,
Victualling Houfes, &c. Refufing to billet Soldiers,
they are to be fined not exceeding 40s. nor lefs
than 10s. and receiving any Reward to excufe Quar-
terage; or if Victuallers, &c. refufe Soldiers quar-
tered, they fhall forfeit not above 51. nor under
40s. If they quarter the Wives, Children, or Ser-
vants of Officers or Soldiers, in any Houfe, without
Confent of the Owner, they forfeit 205. The Con-
tables, &c. fhall give in Lifts to the Juftices of the
Houfes and Perfons obliged to quarter Soldiers, with
their Names and Signs, and the Number of Offi-
cers and Soldiers billetted on them. I Geo. I. 7 Geo. I.
c. 6. 3 Geo. 2. 15 Geo. 2. Perfons fufpected of De-
fertion, may be taken up by Conftables, and carried
before a Juftice: And 20s. Reward is given for ta-
king up a Deferter. They are to levy the Penalty
of 5s. on Perfons reforting to Wrestling, Dancing,
or other Sports on a Sunday; and on Perfons do-
ing any worldly Labour on that Day, &c. Alfo
6s. 8d. on Butchers killing Meat; and 205. upon
Carriers, Drovers, &c. travelling on Sunday. 1 Car. I.
29 Car, 2. On receiving a Superfedeas from another
Juftice, &c. Conftables fhall difcharge a Perfon taken
cauſe an Innkeeper to be indicted and punished, for
refufing to lodge a Traveller, or to provide him
Vi&tuals, &c. who offers to pay for the fame.
10 H. 7. Conftables muft give in to the Juftices at
Michaelmas Seffions yearly, a List of Perfons quali-Conftables fhall fearch after Shoes, Leather, &c. im-
fied to ferve on Furies; and neglecting to return
Lifts, ineurs a Forfeiture of 51.78 W. 3. Thefe
Lifts of Jurors, are to be made from the Rates of
each Parish; and Conftables, &c. wilfully omitting
Perfons qualified, or inferting wrong Perfons, fhall
forfeir 20s. 3 Geo. 2. In the Time of Harveft, a
Conftable may fet Labourers, Artificers, and ordinary
Tradesmen on Work, and put thofe in the Stocks
who refuſe. 5 El. To levy the Forfeiture for break-
ing down Lamps, fet up in the Streets of London,
by Virtue of a Juftice's Warrant. 9 Geo. 2. Confta-
bles are to give their Affiftance in collecting the
Land-Tax; and take Diftreffes for it, &c. when re-
fufed Payment. 2 W. & M. By Warrant from Ju-
ftices, Conftables are to levy the Penalties and
Forfeitures for felling infufficient Leather, &c.
1 Fac. 1. They have Power to fearch for bad
Malt, and if they find any bad mingled with good,
they may with the Advice of a Juftice caufe the
fame to be fold at reaſonable Rares. 2 & 3 Ed. 6.
And there are divers Penalties for making bad
Mal:, and Frauds concerning the Duty, leviable by
Conftables. 9 W. 3. 1 Geo. 1. 3. Geo. 2. Conftables
are to fearch and examine if any Perfons ufe other
Meaſures than fuch as are Winchester Meaſure, and
agreeable to the Standard. 22 Car. 2. By Warrant
from the Lieutenancy, Conftables are to commit Per-up by Warrant. Dalt. To levy the Penalty for
fons to Gaol, refufing, to provide Arms for Horfe
and Foot Soldiers, for the Militia, if no Diftrefs
can be taken. 1314 Car. 2. Night-walkers of ill
Fame, may be taken up by Conftables and carried
before a juftice of Peace, who may bind them to
the Good Behaviour, &c. 13 Ed. 1. Robbers of
Orchards, &c. fhall be whipped, by Order of a Ju-
fice, by the Conftable of the Place. 15 Car. 2. Con-
ftables may complain to and carry before a Juftice
of Peace, Perfons fufpected to be Papifts. 3 Fac. 1.
In the City of London, they are to be affifting to
the College of Phyficians, c. in putting their Laws
in Execution. 14 H. 8. They may command and
oblige Perfons infected with the Plague, to keep
within their Houfes, &c. And are to levy Money
appointed by Juftices, for Relief of poor Perfons
infected. 1 Fac. I. Conftables hall prefent Popish Re-
cufants, within their Liberties, &c. and certify to the
Seffions, fuch Popish Recufants convict, who with-
in twenty Days after the Arrival at the Place of
their Birth, give in their Names to the Parfon of
the Parish: And neglecting, to forfeit 20s. 35 Eliz.
7 Fac. 1. To levy Money due for Poftage of Letare to pay 10s. to any Perfon apprehending a Va-
ters, under 51 by Juftice's Warrant. 9 Ann. They
are at the Quarter-Seffions to take Prefentment of all
Things against the Peace, and belonging to their
Offices, &c. The Conftables fhall levy a Tax on Pa-
rifhes, for relieving poor Parishioners. 43 Eliz. Con-
Stables are to fupprefs Riots, and. they may ex Officio
commit Offenders, c. 17 R. 2. And by 1 Geo. 1.
Rioting, where twelve Rioters continue together an
Hour after Proclamation, is made Felony. They
are to make a Tax and Affeffment by Warrant from
two Juftices, on the Inhabitants of their Pariſhes,
where a Robbery on the Highway is committed in the
Hundred. 17 Eliz. See 8 G20. 2. Conftables are to
whip wandring Rogues, &c. by ftripping them from
The Middle upwards, and caufing them to be lafhed
till their Bodies be bloody. 1 fac. 1.. The Penal-
ries for felling Salt under Weight, and not en:
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prophane Swearing; which is Is. for a Servant,
Labourer, &c. and 2 s. for others; and as the Crime
is repeated, the Penalty is to be doubled. 6 & 7
W. 3. Conftables fhall levy the Penalty of 51. on
Taylors giving greater Wages than allowed; likewife
the Wages of Journeymen by Diftrefs, by a Juftice's
Warrant. 7 Geo. 1. By Warrant from two Juftices,
Conftables, &c. are to levy fmall Tithes, refufed Pay-
ment, by Diftrefs and Sale. 10 & 11 W. 3. Confta·
bles, on Information, are to deftroy Tobacco planted
contrary to the Stat. 22 & 23 Car. 2. or be liable to
a Forfeiture of 5s. for every Rod not deftroyed:
And upon Warrant to make Search, and prefent Of-
fences of planting Tobacco, &c. 17 Car. 2. 22 & 23
Car. 2. To execute Warrants of Commiffioners for
Turnpikes; and levy the Penalty for paffing thro'
them without paying the Toll, &c. 8 Geo. 2. 14
Geo. 2. Conftables, c. are to apprehend Vagrants,
and carry them before a Juftice; and to convey
them by the Justice's Pafs and Certificate, to their
Place of Birth or Settlement, . being paid the
Allowances mentioned in the Certificates: They
grant by Order of Juftices, which is to be repaid by
the High Constable, &c. and refufing to pay it fhall
forfeit 20s. Vagabonds lodging in Houfes or Barns,
are alfo to be apprehended by Conftables, &c. And if
they refufe, or neglect to do their Duty, they fhall
forfeit not above 51. nor lefs than 40s. by 13 Geo. 2.
Conftables of Towns, fhall fee that Night Watches be
kept, from Sun-fetting to Sun-rifing, who must be
able Perfons, Inhabitants of the Place, and watch
by Turns; and not doing it, may put them in the
Stocks,&c. 13 Ed. 1. And Conftables in the large Pariſhes
of Westminster are twice or oftener in every Night
to go their Rounds, and fee that the Watch do their
Duty, and ufe Endeavours to prevent Fires, Mur-
ders, Robberies, &c. and apprehend Malefactors,
and Perfons fufpected. 9 & 10 Geo. 2. They are to
execute all Warrants of Juftices, being lawful, and
tering Salt-pits, are to be levied by Conſtables. 9/8
10 W. 3 7 Geo. 2. Scavengers Rates in London fhall
be made by Conftables and Churchwardens, &c. and
he Conftables to levy Forfeitures for Defaults of
Scavengers in not carrying away Dirt, &c. 2 W. &
M. 1. Geo. 1. Conftables and two Houfholders of
out of the Juftice's Jurifdiction. 14 H. 8. Con-
tables being Head Officers of Places, fhall have in
their Cuftody fealed Weights, &c. under Penalties:
Perfons buying or felling by falfe Weights or Mea-
fures, forfeit 55. leviable by Conftables. 8 H. 6.-17
Car. 1. And Conftables are to call together Aſſiſt-
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ance to fave Ships from Wreck; and no Perfons fhall
enter any fuch Ships, without leave from the Com-
mander, Conftable, c. 12 Ann. cap. 18.
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termine Súms to be levied to bear the Charge there-
of upon each Ward; and for raising Money, the
Aldermen and Common Council-men of Wards,
fhall make a Rate and Affeffment upon the Inhabi-
tants, leviable by Diftrefs; and fhall appoint their
Watchmen, fet down in Writing their Stands, and
Number of Rounds, and make Orders for regula-
Ward, from the 10th of Sept. to the 10th of March,
from 9 in the Evening, till 7 the next Morning,
and from 10th of March to 10th of September, from
10 in the Evening till 5 next Morning. The Con-
ftables fhall uſe their belt Endeavours, for prevent-
ing Fires, Robberies and Diſorders, and arreft Ma-
lefa&tors; and go twice or oftener about their Wards,
in every Night; and the Watchmen are to appre-
hend all fufpe&ted Perfons, &c. and deliver them
to the Constable of the Night, who shall carry them
before a Juftice of Peace; Conftables misbehaving
themfelves, to forfeit 20s. and the Lord Mayor, or
two Juftices for the City, may hear and determine
Offences, and levy Penalties by Diftrefs and Sale of
Goods, &c. Stat. 10 Geo. 2. c. 22. Conftables are to
certify to the Lord Mayor, and Common Council
of the City, the Names of all fuch Perfons as fhall
interrupt them in the Diſcharge of their Offices:
And a Conftable of London has Power to execute War-
rants, &c. throughout the whole City, upon Occa-
fion. Such as are choſen into the Office are obliged
to place the King's Arms, and the Arms of the City
over their Doors; and if they refide in Alleys, at
the End of fuch Alleys, towards the Streets; to fig
innify that a Conftable lives there, and that they may
be the more eafily found when wanted. See Comp.
Parish Officer, 6 Edit. p. 7, 8, &c.
Conftables of London, (which City is divided into
twenty fix Wards, and every Ward into the like
Number of Precincts, in each whereof is a Confta-
ble) are nominated by the Inhabitants of each Pre-
cinct on St. Thomas's Day, and confirmed, or other-ting the Watch, &c. Conftables to keep Watch and
wife at the Court of Wardmote; and after they
are confirmed, they are fworn in their Offices at a
Court of Aldermen, on the next Monday after
Twelfth Day. The Subftance of their Oath is, to
keep the King's Peace to the utmost of their Pow-
er; to arrest Affrayers, Rioters, and fuch as make
Conteſts to the Breach of the Peace, and carry
them to the Houfe of Correction or Compter of
one of the Sheriffs; and in Cafe of Refiftance, to
make Outcry on them, and purfue them from
Street to Street, and from Ward to Ward, till
they are arreſted: To fearch for common Nufances,
in their respective Wards, being required by Scaven
gers, &c. and upon Request to affift the Beadle and
Raker in collecting their Salaries and Quarterage;
to prefent to the Lord Mayor and Minifters of the
City, Defaults relating to the Ordinances of the
City; to certify once a Month into the Mayor's
Court, the Names and Surnames of all Freemen de- |
ceafed; and alfo of the Children of fuch Freemen,
being Orphans: And by the Articles of the Ward-
mote Inqueft, Conftables are to certify the Names,
Surname, Place of Dwelling, Poffeffion and Trade
of every Perfon, who fhall newly come to inhabit
in their Precincts, and to keep a Roll thereof;
order to which, they are to make Inquiry at least
once a Month into what Perfons are come to lodge
and fojourn there, and if they find by their own Conftat, (Lat.) Is the Name of a Certificate,
Confeffions, or the Record of the Aldermens Books, which the Clerk of the Pipe, and Auditors or the
that fuch new Comers are ejected from any other Exchequer, make at the Requeft of any Perfon who
Ward for bad living, or any Misdemeanor, and re-intends to plead or move in that Court, for the
fufe to find Sureties for their good Behaviour,
Warning is to be given to them and their Land-
lords, that they depart; and on Refufal, they may
be impriſoned, and the Landlords fined a Year's
Rent agreed for by fuch new Comers. Calth. Rep.
129, 138. Constables of London in each Ward are to
attend the Watch by Turns, and go the Rounds;
and with the Beadles every Night are to warn fuch
Perfons as are to ferve upon the Watch in their
feveral Precincts; and if they refufe to appear,
the Conftable may hire others in their Stead, and
they fhall pay him according to the Cuftom of the
City: But the Common Council appoint the Watch-ed in Brompton.
men. Watchmen are to apprehend Night-walkers, Confuetudinibus & Serviciis, Is a Writ of Right
Vagabonds, Perfons going armed, &c. and may ar- Clofe, which lies against the Tenant that deforceth
reft Strangers in the Night, and carry them before his Lord of the Rent or Service due to him. Reg.
the Conftable to be examined, and finding Caufe of Orig. 159. F. N. B. 151. When the Writ is brought
Sufpicion fecure them till the Morning; and whe- by the Party in the Right only, he fhall count of
ther they are Horſemen or Footmen, or Drivers of the Seifin of his Anceffor, and the Writ be in the
Carriages, or Perfons that carry Burdens, the Debet; but when he counts of his own Seifin, then
Watch may tay them till the Morning, unless the Writ is in the Debet & folet, &c. And if the
they can render a good Account of themfelves, Party fay in the Writ ut in Redditibus & Arreragiis,
their Company, and Carriage, &c. And Conftables, thefe Words prove that the Demandant himself
c. are to be aiding and affifting to the Watch; was feifed of the Services; and then if he count in
and the Watchmen are to obey their Orders, in fuch Writ of Seifin of his Anceſtors, and not of
conveying Offenders to the Compter, which is the his own Seifin, the Writ fhall abate: So that if he
common Prifon for Offenders for the Breach of the will bring a Writ of Cuſtoms and Services of the
Peace, till they are examined, and punished by Seifin of his Anceſtors, he ought to leave thefe
the Lord Mayor, &c. But Conftables ought to be Words ut in Redditibus, &c. out of the Writ. Where
careful whom they fend to the Compter, for fear a Perfon brings a Writ of Cuſtoms and Services a-
of Action for falfe Imprifonment; Profecution for gainst any Tenant, and by Count demands Ho-
Damages, &c. If any will not obey the Arreft of mage, the Writ ought to make fpecial Mention
the Watch, they may make Hue and Cry after thereof; as ut in Homagio, &c. or the Writ will a-
them; and for fuch Arrett of a Stranger, (efpeci-bate. New Nat. Brev: 338. If this Writ be brought
ally one ſuſpected) none is liable to Punishment. against Tenant for Life, where the Remainder is
Dalt. 240. The Court of Common Council are to over in Fee, there the Tenant may pray in Aid of
meet the first of October yearly, and order a proper him in the Remainder, &c. The Writ, which is
Number of Watchmen, Beadles and Nightly Con-returnable in the Common Pleas, runs thus:
Stables for the City of London and Liberties, and de-
Y Y
Difcharge of any Thing: And the Effect of it is
the Certifying what does Conftare upon Record,
touching the Matter in Queftion. 3 & 4 Ed. 6. c. 4.
and 13 Eliz. cap. 6. A Conftat is held to be fuperior
to an Ordinary Certificate, becauſe it contains no-
thing but what is evident on Record. And the Ex-
emplification under the Great Seal, of the Inrol-
ment of any Letters Patent, is called a Conftat.
Co. Litt. 225.
Confuetudinarius, A Ritual or Book, contain-
ing the Rites and Forms of Divine Offices, or the
Cuftoms of Abbeys and Monafteries: 'Tis mention-
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cauſe an Innkeeper to be indicted and punished, for Towns, Parishes, c. by an old Law were to give
refufing to lodge a Traveller, or to provide him Teftimonials to Servants; And Servants not procu-
Victuals, &c. who offers to pay for the fame. ring fuch were not to be retained, but punilhed as
10 H. 7. Conftables must give in to the Juftices at Vagrants. 5 Eliz. By Virtue of a Juftice's Warrant
Michaelmas Seffions yearly, a List of Perfons quali- Conftables fhall fearch after Shoes, Leather, &c. im-
fied to serve on Furies; and neglecting to return bezilled or pawned by Journeymen Shoemakers in
Lifts, incurs a Forfeiture of 51.78 W. 3. Thefe London, who fhall make Satisfaction, &c. 9 Geo. 1.
Lifts of Jurors, are to be made from the Rates of Conftables are to quarter Soldiers in Inns, Alehouſes,
each Parish; and Conftables, &c. wilfully omitting Victualling Houfes, &c. Refufing to billet Soldiers,
Perfons qualified, or inferting wrong Perfons, fhall they are to be fined not exceeding 40s. nor lefs
forfeit 20s. 3 Geo. 2. In the Time of Harveſt, a than 10s. and receiving any Reward to excufe Quar-
Conftable may fet Labourers, Artificers, and ordinary terage; or if Victuallers, &c. refufe Soldiers quar-
Tradesmen on Work, and put thofe in the Stocks tered, they fhall forfeit not above 51. nor under
who refufe. 5 El. To levy the Forfeiture for break-40s. If they quarter the Wives, Children, or Ser-
ing down Lamps, fet up in the Streets of London, vants of Officers or Soldiers, in any Houfe, without
by Virtue of a Juftice's Warrant. 9 Geo. 2. Confta- Confent of the Owner, they forfeit 20s. The Con-
bles are to give their Affiftance in collecting the tables, &c. fhall give in Lifts to the Juftices of the
Land-Tax; and take Diftreffes for it, &c. when re- Houfes and Perfons obliged to quarter Soldiers, with
fuſed Payment. 2 W. & M. By Warrant from Ju- their Names and Signs, and the Number of Offi-
ftices, Conftables are to levy the Penalties and cers and Soldiers billetted on them. I Geo. 1. 7 Geo. I.
Forfeitures for felling infufficient Leather, &c. c. 6. 3 Geo. 2. 15 Geo. 2. Perfons fufpected of De-
1 Fac. 1. They have Power to fearch for bad fertion, may be taken up by Conftables, and carried
Malt, and if they find any bad mingled with good, before a Juftice: And 20s. Reward is given for ta-
they may with the Advice of a Juftice caufe the king up a Deferter. They are to levy the Penalty
fame to be fold at reaſonable Rates. 2 & 3 Ed. 6. of 5s. on Perfons reforting to Wrestling, Dancing,
And there are divers Penalties for making bad or other Sports on a Sunday; and on Perfons do-
Mali, and Frauds concerning the Duty, leviable by ing any worldly Labour on that Day, &c. Alfo
Conftables. 9 W. 3. 1 Geo. 1 3 Geo. 2. Conftables 6s. 8d. on Butchers killing Meat; and 205. upon
are to ſearch and examine if any Perfons ufe other Carriers, Drovers, &c. travelling on Sunday. 1 Car. I.
Meaſures than fuch as are Winchester Meaſure, and 29 Car. 2. On receiving a Superfedeas from another
agreeable to the Standard. 22 Car. 2. By Warrant Juftice, &c. Conftables fhall diſcharge a Perfon taken
from the Lieutenancy, Conftables are to commit Per-up by Warrant. Dalt. To levy the Penalty for
fons to Gaol, refufing, to provide Arms for Horfe
and Foot Soldiers, for the Militia, if no Diftrefs
can be taken. 13 & 14 Car. z. Night-walkers of ill
Fame, may be taken up by Conftables and carried
before a juftice of Peace, who may bind them to
the Good Behaviour, &c. 13 Ed. 1. Robbers of
Orchards, &c. fhall be whipped, by Order of a Ju-
ftice, by the Conftable of the Place. 15 Car. 2. Con-
fables may complain to and carry before a Juftice
of Peace, Perfons fufpected to be Papifts. 3 Fac. 1.
In the City of London, they are to be affifting to
the College of Phyficians, &c. in putting their Laws
in Execution. 14 H. 8. They may command and
oblige Perfons infected with the Plague, to keep
within their Houfes, &c. And are to levy Money
appointed by Juftices, for Relief of poor Perfons
infected. 1 Fac. 1. Conftables hall prefent Popish Re-
cufants, within their Liberties, &c. and certify to the
Seffions, fuch Popish Recufants convict, who with-
in twenty Days after the Arrival at the Place of
their Birth, give in their Names to the Parfon of
the Parish: And negle&ting, to forfeit 20s. 35 Eliz.
7 Fac. I. To levy Money due for Postage of Let
ters, under 51 by Juftice's Warrant. 9 Ann. They
are at the Quarter-Seffions to take Prefentment of all
Things against the Peace, and belonging to their
Offices, &c. The Conftables fhall levy a Tax on Pa-
rishes, for relieving poor Parishioners. 43 Eliz. Con-
ftables are to fupprefs Riots, and. they may ex Officio
commit Offenders, c. 17 R. 2. And by 1 Geo. 1.
Rioting, where twelve Rioters continue together an
Hour after Proclamation, is made Felony. They
are to make a Tax and Affeffment by Warrant from
two Juftices, on the Inhabitants of their Parishes,
where a Robbery on the Highway is committed in the
Hundred. 17 Eliz. Sce 8 Geo. 2. Conftables are to
whip wandring Rogues, &c. by ftripping them from
the Middle upwards, and caufing them to be lafhed
till their Bodies be bloody, 1 Fac. 1. The Penal-
ties for felling Salt under Weight, &c. and not en
tering Salt-pits, are to be levied by Conftables. 9
10 W. 3 7 Geo. 2. Scavengers Rates in London fhall
be made by Constables and Churchwardens, &c. and
he Conftables to levy Forfeitures for Defaults of
cavengers in not carrying away Dirt, &c. 2 W. &
M. 1. Geo. 1. Conftables and two Houfholders of
•
•
prophane Swearing; which is Is. for a Servant,
Labourer, &c. and 2 s. for others; and as the Crime
is repeated, the Penalty is to be doubled. 6 & 7
W. 3. Conftables fhall levy the Penalty of 51. on
Taylors giving greater Wages than allowed; likewife
the Wages of Journeymen by Diftrefs, by a Juftice's
Warrant. 7 Geo. 1. By Warrant from two Juftices,
Conftables, & are to levy fmall Tithes, refufed Pay-
ment, by Diftrefs and Sale. 10 & 11 W. 3. Confta·
bles, on Information, are to deftroy Tobacco planted
contrary to the Stat. 22 & 23 Car. 2. or be liable to
a Forfeiture of 5s. for every Rod not deftroyed:
And upon Warrant to make Search, and prefent Of-
fences of planting Tobacco, &c. 17 Car. 2. 22 & 23
Car. 2. To execute, Warrants of Commiffioners for
Turnpikes; and levy the Penalty for paffing thro'
them without paying the Toll, &c. 8 Geo. 2. 14
Geo. 2. Conftables, c. are to apprehend Vagrants,
and carry them before a Juftice; and to convey
them by the Juftice's Pafs and Certificate, to their
Place of Birth or Settlement, &c. being paid the
Allowances mentioned in the Certificates: They
are to pay 10s. to any Perfon apprehending a Va-
grant by Order of Juftices, which is to be repaid by
the High Conftable, &c. and refufing to pay it fhall
forfeit 20 s. Vagabonds lodging in Houfes or Barns,
are alfo to be apprehended by Conftables, . And if
they refufe, or neglect to do their Duty, they fhall
forfeit not above 57. nor lefs than 40s. by 13 Geo. 2.
Conflables of Towns, fhall fee that Night Watches be
kept, from Sun-fetting to Sun-rifing, who must be
able Perfons, Inhabitants of the Place, and watch
by Turns; and not doing it, may put them in the
Stocks,&c. 13 Ed 1. And Conftables in the large Parishes
of Westminster are twice or oftener in every Night
to go their Rounds, and fee that the Watch do their
Duty, and ufe Endeavours to prevent Fires, Mur-
ders, Robberies, &c. and apprehend Malefactors,
and Perfons fufpected. 9 & 10 Geo. 2. They are to
execute all Warrants of Juftices, being lawful, and
not out of the Juftice's Jurifdiction. 14 H. 8. Con-
ftables being Head Officers of Places, fhall have in
their Cuftody fealed Weights, &c. under Penalties:
Perfons buying or felling by falfe Weights or Mea-
fures, forfeit 5s. leviable by Conftables. 8 H. 6. - 17
Car. I. And Conftables are to call together Affift
1
ance
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*
}
}
ance to fave Ships from Wreck; and no Perfons fhall
enter any fuch Ships, without leave from the Com-
mander, Constable, &c. 12 Ann. cap. 18.
}
termine Sums to be levied to bear the Charge there-
of upon each Ward; and for raifing Money, the
Aldermen and Common Council-men of Wards,
fhall make a Rate and Affeffment upon the Inhabi-
tants, leviable by Diftrefs; and fhall appoint their
Watchmen, fet down in Writing their Stands, and
Number of Rounds, and make Orders for regula
Ward, from the 10th of Sept. to the 10th of March,
from 9 in the Evening, till 7 the next Morning,
and from 10th of March to 10th of September, from
to in the Evening till 5 next Morning. The Con-
ftables fhall ufe their belt Endeavours, for prevent-
ing Fires, Robberies and Diſorders, and arreft Ma-
lefactors; and go twice or oftener about their Wards,
in every Night; and the Watchmen are to appre-
hend all fufpected Perfons, &c. and deliver them
to the Conftable of the Night, who fhall carry them
before a Juftice of Peace; Conftables misbehaving
themſelves, to forfeit 20s. and the Lord Mayor, or
two Juftices for the City, may hear and determine
Offences, and levy Penalties by Diftrefs and Sale of
Goods, . Stat. 10 Geo. 2. c. 22. Conftables are to
certify to the Lord Mayor, and Common Council
of the City, the Names of all fuch Perfons as ſhall
interrupt them in the Diſcharge of their Offices
And a Conftable of London has Power to execute War-
rants, &c. throughout the whole City, upon Occa-
fion. Such as are chofen into the Office are obliged
to place the King's Arms, and the Arms of the City
over their Doors; and if they refide in Alleys, at
the End of fuch Alleys, towards the Streets; to fig-
innify that a Conftable lives there, and that they may
be the more easily found when wanted. See Comp.
Parish Officer, 6 Edit. p. 7, 8, Exc.
•
:
Conftables of London, (which City is divided into
twenty fix Wards, and every Ward into the like
Number of Precincts, in each whereof is a Confta-
ble} are nominated by the Inhabitants of each Pre-
cinct on St. Thomas's Day, and confirmed, or other-ting the Watch, &c. Conftables to keep Watch and
wife at the Court of Wardmote; and after they
are confirmed, they are fworn in their Offices at a
Court of Aldermen, on the next Monday after
Twelfth Day. The Subftance of their Oath is, to
keep the King's Peace to the utmost of their Pow-
er; to arreſt Affrayers, Rioters, and fuch as make
Conteſts to the Breach of the Peace, and carry
them to the Houfe of Correction or Compter of
one of the Sheriffs; and in Cafe of Refiftance, to
make Outcry on them, and purfue them from
Street to Street, and from Ward to Ward, till
they are arreſted: To fearch for common Nufances,
in their respective Wards, being required by Scaven
gers, &c. and upon Request to affift the Beadle and
Raker in collecting their Salaries and Quarterage;
to prefent to the Lord Mayor and Minifters of the
City, Defaults relating to the Ordinances of the
City; to certify once a Month into the Mayor's
Court, the Names and Surnames of all Freemen de-
ceafed; and alfo of the Children of fuch Freemen,
being Orphans: And by the Articles of the Ward-
more Inqueft, Conftables are to certify the Names,
Surname, Place of Dwelling, Poffeffion and Trade
of every Perfon, who fhall newly come to inhabit
in their Precincts, and to keep a Roll thereof;
order to which, they are to make Inquiry at least
once a Month into what Perfons are come to lodge
and fojourn there, and if they find by their own Conftat, (Lat.) Is the Name of a Certificate,
Confeffions, or the Record of the Aldermens Books, which the Clerk of the Pipe, and Auditors or the
that fuch new Comers are ejected from any other Exchequer, make at the Requeft of any Perfon who
Ward for bad living, or any Mifdemeanor, and re- intends to plead or move in that Court, for the
fufe to find Sureties for their good Behaviour, Difcharge of any Thing: And the Effect of it is
Warning is to be given to them and their Land-the Certifying what does Conftare upon Record,
lords, that they depart; and on Refufal, they may touching the Matter in Queftion. 3 & 4 Ed. 6. c. 4.
be impriſoned, and the Landlords fined a Year's and 13 Eliz. cap. 6. A Conftat is held to be fuperior
Rent agreed for by fuch new Comers. Calth. Rep. to an Ordinary Certificate, becauſe it contains no-
129, 138. Conftables of London in each Ward are to thing but what is evident on Record. And the Ex-
attend the Watch by Turns, and go the Rounds; emplification under the Great Seal, of the Inrol-
and with the Beadles every Night are to warn fuch ment of any Letters Patent, is called a Conftat.
Perfons as are to ferve upon the Watch in their Co. Litt. 225.
ſeveral Precincts; and if they refufe to appear,
the Conftable may hire others in their Stead, and
they shall pay him according to the Cuſtom of the
City: But the Common Council appoint the Watch-ed in Brompton.
men. Watchmen are to apprehend Night-walkers, Confuetudinibus & Serviciis, Is a Writ of Right
Vagabonds, Perfons going armed, &c. and may ar- Clofe, which lies against the Tenant that deforceth
reft Strangers in the Night, and carry them before his Lord of the Rent or Service due to him. Reg.
the Conftable to be examined, and finding Caufe of Orig. 159. F. N. B. 151. When the Writ is brought
Sufpicion fecure them till the Morning; and whe- by the Party in the Right only, he fhall count of
ther they are Horſemen or Footmen, or Drivers of the Seifin of his Anceſtor, and the Writ be in the
Carriages, or Perfons that carry Burdens, the Debet; but when he counts of his own Seifin, then
Watch may tay them till the Morning, unless the Writ is in the Debet folet, &c. And if the
they can render a good Account of themfelves, Party fay in the Writ ut in Redditibus & Arreragiis,
their Company, and Carriage, c. And Conftables, thefe Words prove that the Demandant himself
c. are to be aiding and affifting to the Watch; was feifed of the Services; and then if he count in
and the Watchmen are to obey their Orders, in fuch Writ of Seifin of his Anceſtors, and not of
conveying Offenders to the Compter, which is the his own Seifin, the Writ fhall abate: So that if he
common Priſon for Offenders for the Breach of the will bring a Writ of Cuftoms and Services of the
Peace, till they are examined, and punished by Seifin of his Anceſtors, he ought to leave thefe
the Lord Mayor, &c. But Conftables ought to be Words ut in Redditibus, &c. out of the Writ. Where
careful whom they fend to the Compter, for fear a Perfon brings a Writ of Cuſtoms and Services a-
of Action for falfe Imprifonment; Profecution for gainft any Tenant, and by Count demands Ho-
Damages, &c. If any will not obey the Arreft of mage, the Writ ought to make fpecial Mention
the Watch, they may make Hue and Cry after thereof; as ut in Homagio, &c. or the Writ will a-
them; and for fuch Arrest of a Stranger, (efpeci- bate. New Nat. Brev: 338. If this Writ be brought
ally one ſuſpected) none is liable to Punishment. against Tenant for Life, where the Remainder is
Dalt. 240. The Court of Common Council are to over in Fee, there the Tenant may pray in Aid of
meet the first of October yearly, and order a proper him in the Remainder, &c. The Writ, which is
Number of Watchmen, Beadles and Nightly Con-returnable in the Common Pleas, runs thus :
Stables for the City of London and Liberties, and de-
Confuetudinaríus, A Ritual or Book, contain-
ing the Rites and Forms of Divine Offices, or the
Cuftoms of Abbeys and Monafteries: 'Tis mention-
Y y
GEORGE
CO
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G
EORGE the Second, &c. To the Sheriff of S.
Greeting: Command A. B. that, &c. he do to
C. D. the Cuftoms and Services which to him he ought
to do, for his free Tenement, that of him be boldeth in,
&c. as in Rents, Arrearages, and other Things: Or,
in Homage, Reliefs, &c. Or Suits of Court, and other,
&c. unless, &c,
Confulta Ecclefia, A Church full, or provided
for, according to Cowel.
times a greater, and fometimes a leffer Offence;
fo it is punifhed with greater or lefs Punishment, by
Fine, and fometimes Imprifonment. Dyer 177, 128.
I Bulft. 85. See Attachment.
Contenement, (Contenementum) Is faid to fignify
a Man's Countenance or Credit, which he hath to-
gether with, and by Reafon of his Freehold In
which Senfe, it is used in the Statute of 1 Ed. 3.
and other Statutes: And Spelman in his Gloffary fays,
Contenementum eft ftimatio & Conditionis forma,
qua quis in Repub. fubfiftit. But Contenement is more
Confultation, (Confultatio) Is a Writ whereby a properly that which is neceffary for the Support
Caufe being removed by Prohibition from the Ec- and Maintenance of Men, agreeable to their feve-
clefiaftical Court, to the King's Court, is returned ral Qualities, or States of Life: And feems to be
thither again; for if the Judges of the King's Freehold Land, which lieth to a Man's Tenement,
Court, upon comparing the Libel with the Sugor Dwelling Houfe, that is in his own Occupation.
geftion of the Party, find the Suggeftion falfe, or For by Magna Charta, cap. 14. it is enacted, that a
not proved, and therefore the Caufe to be wrong-Freeman fhall not be amerced, but fecundum magni
fully called from the Ecclefiaftical Court, then up-tudinem delicti, falvo fibi Contenemento fuo;& Mer-
on this Conſultation or Deliberation they decree it cator eodem modo, falva Mer bandifa; & villanus falvo
to be returned; whereupon the Writ in this Cafe Wainagio; that is, as Glanvil tells us, he fhould be
obtained is called a Confultation. Reg. Orig. 44, c.amerced, fecundum quantitatem feodorum fuorum, & Se
Statute of Writ of Confultations, 24 Ed. 1. This Writ cundum facultates, ne nimis gravari inde videantur vel
is in Nature of a Procedendo; but properly a Conful-fuum Contenementum amittere. Lib. 9. c. 8.
tation ought not to be granted, but in Cafe where a Contingent fe, Is a Ufe limited in a Convey-
Man cannot recover at the Common Law, in the ance of Land, which may, or may not happen to
King's Courts. New Nat. Br. 119. Caufes of which veft, according to the Contingency expreffed in the
the Ecclefiaftical or Spiritual Courts have Jurif- Limitation of fuch Ufe: A Ufe in Contingency is uch
diction, are of Adminiftrations, Admiffions of Clerks, which by Poffibility may happen in Poffeffion, Re-
Adultery, Appeals in Ecclefiaftical Caufes, Apofta- verfion or Remainder. I Rep. 121. A Contingent Re-
cy, General Baftardy, Blafphemy, Solicitation of Cha-mainder is where an Eftate is limited to take Place
fity, Dilapidations and Church Repairs, Celebration in futuro, upon an uncertain Event; as where a par-
of Divine Service, Divorces, Fornication, Herefy,
Incest, Institution of Clerks, Marriage Rites, Ob-
lations, Obventions, Ordinations, Commutation of
Penance, Penfions, Procurations, Schifm, Simony,
Tithes, Probate of Wills, &c. and where a Suit is
in the Ecclefiaftical Court, for any of theſe Caufes,
or the like, and not mixed with any Temporal
Thing; if a Suggeftion is made for a Prohibition, a
Confultation fhall be awarded. 5 Rep. 9. To move for
a Prohibition in another Court, after Motion in the
Chancery, &c. on the fame Libel which is granted,
is merely vexatious, for which a Confultation fhall be
had. Cro. Eliz. 277. Where a Confultation is granted
upon the Right of the Thing in Queftion, there a
new Prohibition fhall never be granted on the fame
Libel; but where granted upon any Default of the
Prohibition, in Form, &c. there a Prohibition may
be granted upon the fame Libel again. 1 Nelf. Abr.
485. A Confultation must be purſuant to the Libel,
c. Vide Prohibition.
i
t
ticular Eftate which doth fupport a Remainder,
may or may not determine before the Remainder
may commence. 10 Rep. 85. A Remainder Contin-
gent is faid to be an Eſtate vefted; but on ſuch Re-
mainder in executory Devifes, the Eftate defcends
till the Contingency happens, and nothing is veſted
till then. 1. Vent. 189.
Continual Claim, Is a Claim made from Time
to Time, within every Year and Day, to Land, or
other Thing, which in fome Refpe&t we cannot at-
tain without Danger: As if a Perfon be diffcifed of
Land, into which though he hath a Right of En-
try, he dare not enter for fear of Beating, &c. it
behoves him to hold on his Right of Entry at his
beft Opportunity, by approaching as near it as heẹ
can, once a Year, as long as he lives, and to fave
the Right of Entry to his Heir. Lit. lib. 3. cap. 7.
Continual Claim is where it is made, and repeated
yearly, fo as to be within a Year and a Day before
the Death of him that hath the Lands; and if af-
Conful, (Lat.) In our Law Books fignifies an ter he dies feifed, fo that his Heir is in by Diſcent,
Earl. Bract. lib. 1. cap. 8. tells us, that as Comes is yet he that makes the Claim may enter, &c. but if
derived from Comitatu, fo Conful is derived from no Claim be made, then the Entry of the Perſon
Confulendo; and in the Laws of Edward the Confeffor, diffeifed, &. is taken away. 32 H. 8. cap. 33.
Mention is made of Vicecomites and Viceconfules. Tho' by the Statute the Diffeifor is to have peace-
Blount. Confuls among the Romans, were chief able Poffeffion five Years, without Entry or Conti-
Officers, of which two were yearly chofen, to go-nual Claim, for a Difcent on his Death, to take a-
vern the City of Rome: But this Government of way the Entry of the Diffeifee, or his Heir; after
Rome has long fince been abrogated. Our Confuls the five Years, the Diffeifce is to make Continual
abroad take Care of the Affairs and Interefts of Claim, as before the Statute: The Feoffee of a Dif
Merchants, in foreign Kingdoms where they are
appointed by the King; as at Lisbon, &c.
feifor, Abators, &c. are out of the Statute. As to
this Claim, tho' the Tenant die within the Year and
Contempt, (Contemptus) Is a Difobedience to the Day, and it be but once made, it fhall preferve the
Rules and Orders of a Court, which hath Power Entry of him that maketh it; And if the Anceltor
to puniſh ſuch Offence: And one may be impri- claim, and the Diffeifor die, and then the Anceftor
foned for a Contempt done in Court; but not for a dieth, now his Heir may enter: But if an Anceſtor
Contempt out of Court, or a private Abule. Cro. or Predeceffor make a Continual Çlaim, and dieth,
Eliz. 689. Attachment alfo lies against one for Con- and the Son or Succeffor make no Continual Claim,
tempt to the Court, to bring in the Offender to an- and within the Year and Day after the Claim made
fwer on Interrogatories, &c. and if he cannot ac- by the Ancestor, the Diffcifor dies; this fhall take
quit himself, he fhall be fined. 1 Lill. 305. If a away the Entry of the Son or Succeffor, for the
Sheriff being required to return a Writ directed Difcent was caft in his Time. Co. Litt. 250, 251. If
to him, doth not return the Writ, it is a Contempt: there be Tenant for Life, Remainder for Life, the
And this Word is uſed for a kind of Mifdemeanor, Remainder in Fee, and the Tenant for Life alien
by doing what one is forbidden; or not doing what in Fee; if he in Remainder for Life maketh Conti-
he is commanded. 12 Rep. 36. And as this is fome-[nual Claim, before the Dying ſeiſed of the Alienec,
1
and
1
4
СО
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ufual in Practice to lay the Continuando for longer.
Time than you can prove; but Damages fhall be
given only for what can be proved. 2 Mod. 253.
and after the Alience die feifed, and after that the (a Continuing of the Trefpafs. Lutw. 1312. It is
Remainder-Man for Life dieth before any Entry
made by him: In this Cafe he in Remainder in
Fee ſhall have Benefit by the Claim of Tenant for
Life, and he may enter upon the Heir of the
Alienee, &c. Lit. Sect. 416. This Claim fhall not
avoid a Diſcent, unless it be made by him that hath
Title to enter, and in whofe Life the Dying feifed
was: And ſo it is for the Continual Claim of a Te-
nant for Life, to give him in Remainder Advan-
tage, except the Diffeifor, &c. die in the Life-time
of Tenant for Life. Co. Lit. 250.
Continuance, Is the Continuing of a Caufe in
Court, by an Entry upon the Records there for
that Purpoſe. There is a Continuance of the Affife,
Esc. And Continuance of a Writ or Action is from
one Term to another, in Cafe where the Sheriff
hath not returned a former Writ, iffued out in the
faid Action. Kitch. 262. Continuances and Effoins
are amendable upon the Roll, at any Time before
Judgment: They are the Acts of the Court, and at
Common Law they may amend their own Acts be-
fore Judgment, though in another Term; but their
Judgments are only amendable in the fame Term
wherein they are given. 3 Lev. 431. Upon an Ori-
ginal, a Term or two or three Terms, may be
mefne between the Tefte and the Return; and this
fhall be a good Continuance; for the Defendant is
not at any Prejudice by it, and the Plaintiff may
give a Day to the Defendant beyond the common
Day if he will: But a Continuance by Capias ought
to be made from Term to Term, and there cannot
be any mefne Term, becauſe the Defendant ought
not to stay fo long in Prifon. 2 Danu. Abr. 150. If
a Man recovers upon Demurrer, or by Default,
&c. and a Writ of Inquiry of Damages is awarded,
there ought to be Continuances between the firft and
fecond Judgment, otherwife it will be a Difcontinu-
ance; for the first is but an Award, and not com-
pleat 'till the fecond Judgment upon the Return of
the Writ of Inquiry of Damages. Ibid. 153. If the
Plaintiff be nonfuit, by which the Defendant is to
recover Cofts; if the Plaintiff will not enter his
Continuances, on Purpoſe to fave the Cofts, the De-
fendant fhall be fuffered to enter them. Cro. Fac.
316, 317. The Courfe of the Court of King's
Bench is to enter no Continuance upon the Roll, 'till
after Iffue or Demurrer; and then to enter the
Continuance of all upon the Back, before Judgment:
And if it is not entered, it is Error. Trin. 16 Jac.
B. R. Vide Difcontinuance.
Contraband Goods, (from Contra, and the Iral.
Bando, an Edi&t or Proclamation) Are thoſe which
are prohibited by Act of Parliament, or the King's
Proclamation to be imported into, or exported out
of this into any other Nation: As during the late
War with France, French Wines, &c. were prohibited
by Statute to be imported here from thence: And
Wool, &c. is not to be exported from hence to o-
ther Kingdoms. Stat. 27 E. 3. c. 3. 13 14. Car. 2.
7 & 8 W. 3. Exc.
Contracaufatoz, A Criminal, or one profecuted
for a Crime: This Word is mentioned in Leg. H. 1.
cap. 61.
T
Contract, (Contractus) Is a Covenant or Agree-
ment between Two or more Perfons, with a lawful
Confideration or Caufe. Weft. Symb, part 1. As if a
Man fells his Horfe or other Thing to another, for
a Sum of Money; or covenants, in Confideration
of 201. to make him a Leafe of a Farm, &c. thefe
are good Contracts, becauſe there is a Quid pro quo,
or one Thing for another: But if a Perion make a
Promife to me, that I fhall have 20s. and that he
will be Debtor to me therefore, and after I demand
the 20s. and he will not give it me, yet I fhall ne-
ver have any Action to recover this 20s. becauſe
this Promife was no Contract, but a bare Promiſe,
or Nudum Pactum; though if any Thing were given
for the 20s. if it were but to the Value of a Pen-
ny, then it had been a good Contract. Every Con-
tract doth imply in itſelf an Affumpfit in Law, to
perform the fame; for a Contract would be to no
Purpoſe, if there were not Means to enforce the
Performance thereof. 1 Lill. Abr. 308. Where an
Action is brought upon a Contract, and the Plaintiff
miftakes the Sum agreed upon, he will fail in his
Action: But if he brings his Action on the Promiſe
in Law, which arifes from the Debt, there, altho'
he mistakes the Sum, he fhall recover. Aleyn 29.
There is a Diverfity where a Day of Payment is
limited on a Contract, and where not; for where it
is limited, the Contract is good preſently, and an
Action lies upon it, without Payment; but in the
other not: If a Man buys 20 Yards of Cloth, &c.
the Contract is void, if he do not pay the Money pre-
fently; but if Day of Payment be given, there
the One may have an Action for the Money, and
the other Trover for the Cloth. Dyer 30, 293.
Continuando, Is a Word ufed in a fpecial De- Where a Seller fays to a Buyer, he will fell his
claration of Trefpafs, when the Plaintiff would re- Horfe for fo much, and the Buyer fays he will give
cover Damages for feveral Trefpaffes in the fame it; if he prefently tell out the Money, it is a Con-
Action: And to avoid Multiplicity of Suits, a Man tract; but if he do not, it is no Contract. Noy's
may in one Action of Trefpafs recover Damages Max. 87. Hob. 41. The Property of any Thing
for many Trefpaffes, laying the firft to be done fold is in the Buyer immediately by the Contract;
with a Continuando to the whole Time, in which the though regularly it must be delivered to the Buyer,
Reft of the Trefpaffes were done; which is in this before the Seller can bring his Action for the Mo-
Form, Continuando Tranfgreffionem prædiétam, &c. ney. Noy S8. If one contract to buy a Horfe or
a prædicto die, &c. ufque talem Diem, including the other Thing of me, and no Money is paid, or Ear-
laft Trefpafs. Terms de Ley 173. In Trefpafs with neft given, nor Day fet for Payment thereof, nor
a Continuando of divers Things, though of fome of the Thing delivered; in thefe Cafes, no A&tion will
thofe Things there could be no Continuando; yet it lie for the Money, or the Thing fold, but it may
fhall be good for thofe Things for which the Conti- be fold to another. Plowd. 309, 128. All Contracts
nuando could be, and not for the others: But if the are to be certain, perfe&t, and compleat: For an
Continuando had been particularly of fuch Things Agreement to give fo much for a Thing as it fhall
whereof a Continuando could not be, then it had be reafonably worth, is void for Incertainty; fo a
been naught. 3 Lev. 94. Every Day's Trefpafs is Promife to pay Money in a fhort Time, &c. or to
faid to be a ſeveral Trefpafs; though a Continuando give fo much, if he likes the Thing when he fees it.
may not be of Men's continuing a Trefpafs Day Dyer 91. 1 Bul. 92. But if I contract with another to
and Night, for fome Time together; for Mankind give him 101. for fuch a Thing, if I like it on fec-
must take fome Reft: Where Cattle do Trefpafsing the fame; this Bargain is faid to be perfect at
upon Ground, they are continually trefpaffing Night
and Day, and therefore the Continuando in that Cafe
is good. I Lill. Abr. 307. Treſpaſs for Breaking an
Houfe with a Continuando, is good; and until a Re-
entry is made, the Continuation of the Poffeffion is
my Pleafure: Though I may not take the Thing
before I have paid the Money; if I do, the Seller
may have Trefpafs against me; and if he fell it to
another, I may bring Action of the Cafe againft
him. Noy 104. If a Contract be to have for Cattle
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fold
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1
Contramandatum, Is faid to be a lawful Excufe
which the Defendant in a Suit by Attorney alledg
eth for himself, to fhew that the Plaintiff hath no
Caufe of Complaint. Blount.
Contrapofitio, A Plea or Anfwer. Si quis in
Placito per Juftitiam pofito fui vel fuorum caufam injuftis
Conterminationibus vel Contrapofitionibus difforciet, banc
Contrarients. In the Reign of King Edw. 2.
Thomas Earl of Lancaster taking Part with the Ba-
rons aginst the King, it was not thought fit, in Re-
fpe&t of their great Power, to call them Rebels or
Traitors, but Contrarients: And hence we have a
Record of thole Times, called Rotulum Contrarien-
fium.
Contratenere, To with hold. Si quis Decimas con-
tratenca. Leg. Alfredi apud Eremptom, c. 9.
Contribules, Contribunales, Kindred or Coufins.
Lamb. pag. 75.
fold 10. If the Buyer do a certain Thing, or elfe
to have 20% it is a good Contract, and certain
enough; And if I agree with a Person to give him
fo much for his Horfe, as F. S. fhall judge him to
be worth, when he hath judged it, the Contract is
compleat, and an Action will lie on it; and the
Buyer shall have a reafonable Time to demand the
Judgment of F. S. But if he dies before his Judg-perdat. Leg. Hen. 1. c. 34.
ment is given, the Contract is determined. Perk. Sect.
112, 114. Shep. Abr. 294. In Contracts, the Time is
to be regarded, in and from which the Contract is
made: The Words fhall be taken in the common
and ufual Senfe, as they are taken in that Place
where ſpoken; and the Law doth not fo much look
upon the Form of Words, as on the Substance and
Mind of the Parties therein. 5 Rep. 83. 1 Bulft. 175.
A Contract for Goods may be made as well by Word
of Mouth, as by Deed in Writing; and where it
is in Writing only, not fealed and delivered, it is
all one as by Word. But if the Contract be by Wri- Contribution, (Contributio) Is where every one
ting fealed and delivered, and fo turned into a pays his Share, or contributes his Part to any Thing.
Deed; then it is of another Nature, and in this One Parcener shall have Contribution against another;
Cafe generally the Action on the verbal Contra&t is one Heir have Contribution against another Heir, in
gone, and fome other A&tion lies for Breach there equal Degree: And one Purchafer have Contribution
of Plowd. 130, 309. Dyer 90. Contracts, not to be against another. Alfo Conufors in a Stature fhall
performed in a Year, are to be in Writing, figned be equally charged, and not one of them folely ex-
by the Party, &c. or no Action may be brought on ended. 3 Rep. 12, 13, &c. On a Statute or Recog-
them: But if no Day is fet, or the Time is uncer nifance, there is a Contribution and Stay till the full
tain, they may be good without it. Stat. 29 Car. 2. Age of the Heir, &c. and this doth extend to the
c. 3. And by the fame Statute, no Contract for the Leffee for Life or Years of the Conufor, who has
Sale of Goods for 10l. or upwards, fhall be good, Part of the Land liable, and the Heir within Age
unless the Buyer receive Part of the Goods fold; or the Refidue: For the Land of every one of them
gives fomething in Earneft to bind the Contract; or ought to be charged equally, becauſe the whole is
fome Note thereof be made in Writing, figned by liable to the Judgment; and this cannot be, if du-
the Perfon charged with the Contract, &c. If two ring the Nonage, the Burden fhall fall upon one
Perfons come to a Draper, and one fays, let this only. Fenk. Cent. 36. If Lands are mortgaged, and
Man have fo much Cloth, and I'll fee you paid; then deviled to one Perfon for Life, with Re-
there the Sale is to the Undertaker only, tho' De-mainder to another; both Devifees fhall make Con-
livery is to another by his Appointment: But if a
Contract be made with A. B. and the Vendor fcruples
to let the Goods go without Money, and C. D. comes
to him and defires him to let A. B. have the Goods,
and undertakes that he shall pay him for them, that
will be a Promife within the Statute 29 Car. 2. and
ought to be in Writing. Med. Caf. 249. A Contract
made and entered into upon good Confideration,
may for good Confiderations be diffolved. See
Agreement and Sale. Ufurious Contracts, vide Ufury.
Contrafa&tion, (Contrafactio) A Counterfeiting; as
Contrafa&tio figilli Regis, Counterfeiting the King's
Scal. Blount.
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Contra formam Collationis, Is a Writ that lay
where a Man had given Lands in perpetual Alms,
to any late Houfes of Religion, as to an Abbot and
Convent, or to the Warden or Mafter of any Ho
fpital and his Convent, to find certain poor Men
with Neceffaries, and do Divine Service, &c. If
they aliened the Land, to the Difherifon of the
Houſe and Church, then the Donor, or his Heirs,
fhould bring this Writ to recover the Lands. I
was had against the Abbot, or his Succeffor; not
against the Alienee, though he were Tenant of the
Land: And was founded upon the Statute of Weft.
2. c. 1. Reg. Orig. 23S. F. N. B. 210.
•
Contra fozmam Feoffamenti, A Writ that lies
for the Heir of a Tenant enfeoffed of certain Lands
or Tenements, by Charter of Feoffment from a
Lord to make certain Services and Suits to his
Courr, who is afterwards diftrained for more Ser-
vices than are mentioned in the Charter. Reg.
Orig. 176. Old Nat. Br. 162.
Contra fozmam Statuti, Is the ufual Conclufion
of every Indictment, &c. laid on an Offence created
by Statute.
Contramandatío Placítí, Signifies a refpiting or
giving a Defendant further Time to anfwer; or
a Countermand of what was formerly ordered. Leg.
H. I. c. 59.
tribution to Payment of the Mortgage-Money. Chan.
Caf 224, 271. Where Goods are caft into the Sea,
for the Safe-guard of a Ship, or other Goods, &c.
a board, in a Tempeft; there is a Contribution among
Merchants, towards the Lofs of the Owners. 32 H.
S. c. 14. And where a Robbery is committed on
the Highway, and Damages are recovered againſt
one or a few Perfons, in Action against the Hun-
dred, the Reft of the Inhabitants fhall make Contri-
bution to the fame, 27 Eliz. c. 13.
Contributione facienda, Is a Writ that lieth
where there are Tenants in Common, that are
bound to do one Thing, and one is put to the whole
Burden; or who jointly hold a Mill pro Indivifo, and
take the Profits equally, and the Mill falling into
Decay, one of them will not repair the Mill; now
the other fhall have a Writ to compel him to con-
tribute to the Reparations. And if there be three
Coparceners of Land, that owe Suit to the Lord's
Court, and the eldeft performs the Whole; then
may he have this Writ to compel the other to
make their Contribution. So where one Suit is
required for Land, and that Land being fold to
divers Perfons, Suit is demanded of them all, or
fome of them by Diftrefs, as entirely as if all
the Land were ſtill in one. Reg. Orig. 176. F. N. B.
162.
Form of the Writ of Contributione facienda.
G
EORGE the Second, &c. To the Sheriff of.
&c. If A. B. makes you fe ure, &c. then fum·
mon, &c. C. D. and E. F. that they be at, &c. to fhew
why, whereas the faid A. B. C. D. and E. F. a certain
Mill, in, &c. undivided bold, the Iues thence proceeding
to take by equal Portions, and to the Reparation and Su-
ftentation of the fame Mill are held; the faid C. D. and
E. F. although their Portion of these fues happening they
take, refuse to contribute to the Reparation and Suftenta-
tion
i
2
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tion of the faid Mill, to the Damage of the faid A. B. from Penalties: Though if they meet in a Houſe,
&c. And have you there, &c.
with the Doors lock'd, barr'd, or bolted, fuch Dif
fenters fhall have no Benefit from 1 W. & M. Offi-
Controller, (Fr. Contrerolleur, Lat. Contrarotulator) cers of the Government, &c. prefent at any Conven-
Is an Overseer or Officer relating to Publick Ac-ticle, at which there fhall be ten Perfons, if the
counts, &c. And, we have divers Officers of this Royal Family be not prayed for in exprefs Words,
Name; as Controller of the King's Houfbold; of the fhall forfeit 407. and be diſabled. Stat. 10 Ann. c. 2.
Navy; of the Customs; of the Excife; of the Mint, See Herefy.
&c. And in our Courts, there is the Controller of
Conventio, Is a Word ufed in ancient Law-
the Hamper; of the Pipe; and of the Pell, &c. The Pleadings, for an Agreement or Covenant As A.
Office of Controller of the Houshold is to control the Ac- B. queritur, &c. de C. D. &c. pro eo quod non teneat
counts of the Green Cloth; and he fits with the Conventionem, &c. There is a pleasant Record of
Lord Steward and other Officers in the Counting the Court of the Manor of Hatfield, in Com. Ebor.
Houſe, for daily taking the Accounts of all Expen held Anno 11 Ed. 3. which runs thus: Robertus R.
ces of the Houfhold. The Controller of the Navy con- qui optulit fe verfus Johannem J. de eo quod non teneat
trols the Payments of Wages; examines and audits Conventionem inter eos factam, & unde queritur, quod
Accounts ; and inquires into Rates of Stores for certo die anno apud, &c. convenit inter pradictum
Shipping, c. Controllers of the Cuftoms and Excife, Robertum & Johannem, quod prædictus Johannes
their Office is to control the Accounts of thofe Re-vendidit predicto Roberto Diabolum ligatum in quodam
venues: And the Controller of the Mint controls the
Payment of Wages, and Accounts relating to the
fame. Controller of the Hamper is an Officer in the
Chancery attending the Lord Chancellor daily in
Term Time, and upon Seal Days; whofe Office is
to take all Things fealed from the Clerk of the
Hamper, inclofed in Bags of Leather, and to note
the juft Number and Effect of all Things fo received,
and enter the fame in a Book, with all the Cu-
ties appertaining to his Majefty, and other Officers
for the fame. The Controller of the Pipe is an Officer
of the Exchequer, who writes out Summons twice
every Year to the Sheriffs to levy the Farms and
Debts of the Pipe; and keeps a Controlment of the
Pipe, &c. Controller of the Pell is alfo an Officer of
the Exchequer; of which Sort there are Two, who
are the Chamberlains Clerks, that do or fhould keep
a Controlment of the Pell, of Receipts and Goings
out: And this Officer was originally fuch as took
Notes of other Officers Accounts or Receipts, to the
Intent to difcover if they dealt amifs, and was or-affembled, but no Act is paffed, or Bill fign'd, &c.
Convention, Is properly where a Parliament is
dained for the Prince's better Security. Fleta, lib. See Parliament.
1. cap. 18. Stat. 12 Ed. 3. cap. 3. This laft feems to
be the original Ufe and Defign of all Controllers.
Controber, (Fr. Controuveur) Signifies in our Law
one that of his own Head devifes or invents falfe
News. 2 Inf. 227.
Convenable, (Fr.) Agreeable. Stat. 27 Ed. 3.
21. See Covenable.
ligamine pro iii d. ob. & prædiétus Robertus tradidit præ-
dicto Johanni quoddam obulum earles (i. Earneft-
Money) per quod Proprietas dicti Diaboli commoratur in
Perfona dicti Roberti ad habend. deliberationem dicti Di-
aboli, infra quartam diem prox. fequent. Ad quam diem
idem Robertus venit ad præfatum Johannem, & petit
deliberationem dicti Diaboli, fecundum Conventionem
inter eos factam; idem Johannes pradictum Diabolum
deliberare noluit, nec adbuc vult, &c. ad grave dampnum
ipfius Roberti Ix fol. Et inde producit fectam, &c. Et
predictus Johannes venit, &c. Et non dedicit Conven
tionem pradi&tam. Et quia videtur Curia quod tale Pla
citum non jacet inter Chriftianos, Ideo partes predicti ad-
journantur ufque in Infernum, ad audiendum Judicium
fuum, & utraque Pars in Mifericordia, &c.
Conventione, Is a Writ that lies for the Breach
of any Covenant in Writing, whether Real or Per-
fonal: And it is called a Writ of Covenant. Reg. O-
rig. 115. F. N. B. 145.
Convention Parliament. On the Abdication of
King James II. Anno 1689. The Affembly of the
States of the Kingdom, to take Care of their Rights
and Liberties, and who fettled King William and
Queen Mary on the Throne, was called the Conven-
c.tion: And the Lords and Commons thus convened
were declared the two Houfes of Parliament, not-
withſtanding the Want of any Writ of Summons,
&c. Stat. 1 W. & M.
Convenient, (Conveniens) Of the Ufe of this Word,
the Lord Coke in his Institute fays, Non folum
quod licet fed quod eft conveniens eft Confiderandum, ni-
bil quod eft inconveniens eft licitum. 1 Inft. 66.
Conbent, (Conventus) Signifies the Fraternity of
an Abbey or Priory; as Societas doth the Number of
Fellows in a College. Bract, lib. 2. c. 35.
15.
Conventuals, Are thofe Religious Men who are.
united together in a Convent or Religious Houfe.
Cowel
Conventual Church, Is a Church that confifts of
Regular Clerks, profeffing fome Order of Religion;
or of Dean and Chapter, or other Societies of Spi-
Conventicle, (Conventiculum). A private Affembly
or Meeting for the Exercife of Religion; firft at-ritual Men.
tributed in Disgrace to the Meetings of Wickliff in Converlos. The fews here in England were for-
this Nation, above Two hundred Years fince; and merly called Converfos, becauſe they were converted
now applied to the illegal Meetings of the Noncon-to the Chriftian Religion. King Hen. 3. built an
formifts
s: It is mentioned in the Statutes 2 Hen. 4. c. Houfe for them in London, and allowed them a com.
1. H. 6. c. 3. and 16 Car. 2. c. 4. which Statute petent Provifion or Subfiftence for their Lives; and
was made to prevent and fupprefs Conventicles: And this Houfe was called Domus Converforum. But by
by 22 Car. 2. cap. 1. It is enacted, That if any Per- Reafon of the vaft Expences of the Wars, and the
fons of the Age of fixteen Years, Subjects of this Increase of thofe Converts, they became a Burden
Kingdom, fhall be prefent at any Conventicle, where to the Crown; fo that they were placed in Abbeys
there are Five or more affembled, they fhall be and Monafteries for their Support and Maintenance.
fined 55. for the first Offence, and 10s. for the Se- And the Jews being afterwards banished, King Ed.
cond; and Perfons Preaching incur a Penalty of 3. in the 51ft Year of his Reign, gave, this Houfe
201. Alfo fuffering a Meeting to be held in a which had been used for the converted Jews, for
Houfe, &c. is liable to 207. Penalty. Juftices of the Keeping of the Rolls; and it is faid to be the
Peace have Power to enter fuch Houfes, and feize fame which is at this Time enjoyed by the Mafter
Perfons affembled, &c. And if they neglect their of the Rolls. Blount.
Duty, they ſhall forfeit 100%. And if any Confta- Conveyance, Is a Deed which paffes Land from
ble, c. know of fuch Meetings, and do not in-one Man to another. Conveyance by Feoffment, and
form a
Juftice of Peace, or chief Magiftrate, &c.
he fhall forfeit 5. But the 1 W. & M. c. 1S. or-
dains, that Proteſtant Diffenters fhall be exempted
Livery, was the general Conveyance at Common
Law; and if there was a Tenant in Poffeffion, ſo
that Livery could not be made, then was the Re-
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be acquitted, and others convicted. 2 Hawk. 240. Per-
fons convicted of Felony by Verdi&, &c. are not to
be admitted to Bail, unless there be fome fpecial
Motive for granting ir; as where a Man is not the
fame Perfon, . for Bail ought to be before Trial,
when it ftands indifferent whether the Party be
guilty, or not. Ibid. 99, FI4. Conviction of Felony,
and other Crimes, difables a Man to be a Juror,
Witnefs, &c. By our Books, Conviction and Attain-
der are often confounded.
•
Conviction, before Juftices of Peace. When ‘a'n
A&t of Parliament orders the Conviction of Offenders
by Fuftices of Peace, &c. it must be intended after
Summons to bring them in, that they may have an
Opportunity of making their Defence; and if it be
otherwife, the Conviction fhall be quaſhed. Mich. 2
Ann. B. R. Mod. Caf. 41.
Convict Becufant, According to the Statutes of
123 Eliz. See Recufants.
Convivium, Signifies the fame Thing among the
Laity, as Procuratio doth with the Clergy, viz. When
the Tenant by Reafon of his Tenure is bound to
provide Meat and Drink for his Lord once or oft-
ner in the Year. Blount.
verfion granted, and the Tenant always attorned: ¡ment or Information, fome of the Defendants may
Alfo upon the fame Reafon, a Leafe and Releafe was
held to be a good Conveyance, to país an Eftate; but
the Leffee was to be in actual Poffeffion, before the
Releaſe. And by the Common Law, when an E-
ftate did not pass by Feoffment, the Vendor made
a Leafe for Years, and the Leffce actually entered;
and the Leffor granted the Reverfion to another,
and the Leffee attorn'd: Afterwards, when an In-
heritance was to be granted, then likewife was a
Leaſe for Years ufually made, and the Leffee en-
tered (as before) and then the Leffor releaſed to
him: But after the Statute of Ufes, it became an O
pinion, that if a Leafe for Years was made upon a va-
luable Confideration, a Releafe might operate upon
it without an actual Entry of the Leffee; becaufe
the Statute did execute the Leafe, and raiſed an
Uſe preſently to the Leffee: And Serjeant Moor was
the First who practiſed this Way. 2 Mod. 251, 252.
The most common Conveyances now in Ufe are Deeds
of Gifts, Bargain and Sale, Leafe and Releafe, Fines
and Recoveries, Settlements to Uſes, &c. A Son did
give and grant Lands to his Mother, and her Heirs;
tho' this was a defective Conveyance at Common Law,
yet it was adjudged good by Way of Ufe, to fupport
the Intention of the Donor, and therefore by thefe Convocation, (Convocatio) Is the Affembly of all
Words an Ufe did arife to the Mother by Way of the Clergy, to confult of Ecclefiaftical Matters in
Covenant to ſtand ſcifed. 2 Lev. 225. A Feoffment, Time of Parliament: And as there are two Houfes
without Livery and Seifin, will not enure as a Grant; of Parliament, fo there are two Houfes of Convoca-
but where made in Confideration of a Marriage, tion; the one called the Higher or Upper Houfe, where
c. it has been adjudged, that it did enure as a the Archbishops and all the Bishops fit feverally by
Covenant to ſtand ſeiſed to Ufes. 2 Lev. 213. Te themfelves; and the other the Lower House of Convo-
nant in Fec, in Confideration of Marriage, cove cation, where all the Reft of the Clergy fit, i. e. All
nanted, granted, and agreed all that Meffuage to the Deans and Archdeacons, one Proctor for every
Uſe of himself for Life, then to his Wife for Life, Chapter, and two Proctors for all the Clergy of
for her Jointure, then to their firft Son in Tail Male, each Diocefe, making in the whole Number One
c. Now by thefe Words it appeared, that the hundred and fixty-fix Perfons. Each Convocation
Husband intended fome Benefit for his Wife, where- | Houſe hath a Prolocutor, chofen from
among
fore the Court fupplied other Words to make the felves, and that of the Lower Houfe is prefented to
Conveyance fenfible. 1 Lutw. 782. The Words Give the Bifhops, &c. The Archbishop of Canterbury is
and Grant, &c. are proper for a Conveyance at Com-the Prefident of the Convocation, and prorogues and
mon Law; but it has been held, that though fome diffolves it by Mandate from the King. The Con-
Books warrant that Conveyances fhall operate accord-vocation exercifes Jurifdiction in making of Canons,
ing to the Words, yet of late the Judges have a
greater Confideration of the Paffing the Eftate, than
the Manner by which 'tis paffed. 2 Lutw. 1209. A
Conveyance cannot be fraudulent in Part, and good
as to the Reft: For if it be fraudulent and void in
Part, it is void in all, and it cannot be divided.
Lill. Abr. 311. Fraudulent Conveyances to deceive
Creditors; defraud Purchaſers, &c. are void, by Stat.
50 Ed. 3. cap. 6. 13 Eliz. cap. 5. 27 Eliz. c. 4. Videc. have the fame Privileges as Members of Par-
Deeds. See my Accomplish'd Conveyancer, Vol. 1. Edit. 2.
them-
with the King's Affent: For by the Stat. 25 H. 8.
the Convocation is not only to be affembled by the
King's Writ; but the Canons are to have the Royal
Affent: They have the Examining and Cenſuring
of heretical and fchifmatical Books, and Perfons,
&c. But Appeal lies to the King in Chancery, or
to his Delegates. 4 Inft. 322. 2 Roll. Abr. 225. The
Clergy called to the Convocation, and their Servants,
liament. Stat. 8. H. 6. c. 1.
Conulance of leas, A Privilege that a City or
Town hath to hold Pleas. See Cognifance.
Conulant, (Fr. Connoifant) Knowing or Under-
ftanding: As if the Son be Conufant, and agreed to
the Feoffment, &c. Co. Lit. 159.
Convík, (Convictus) Is he that is found guilty of
an Offence by Verdict of a Jury. Staund. P. C. 186.
Crompton faith, That Conviction is either when a Man
is outlawed, or appeareth and confeffeth, or is found
guilty by the Inqueft: And when a Stature excludes
from Clergy Perfons found guilty of Felony, &c. it Coopers, Shall make their Veffels of feaſonable
extends to thoſe who are convicted by Confeffion. Wood, and mark them with their own Marks, on
Cromp. Fuft. 9. The Law implies a Conviction, be- Pain of 35. 4d. Forfeiture; and the Contents of
fore Punishment, though not mentioned in a Sta- Veffels are appointed to be obferved under like Pe-
tute: And where any Statute makes a fecond Ofnalty, as the Beer Barrel fhall contain 36 Gallons,
fence Felony, or fubject to a heavier Punishment a Kilderkin 18, and Firkin 9, &c. The Wardens
than the Firſt, it is always implied that fuch fe- of the Coopers Company in London, with an Officer
cond Offence ought to be committed after a Convic-of the Mayor, are to fearch all Veffels for Ale,
tion for the Firft. 1 Hawk. P. C. 13, 107. Judg-
ment amounts to Conviction; though it doth not fol-
low that every one who is convict, is adjudged. Ibid.
A Conviction at the King's Suit may be pleaded
to a Suit by an Informer, on a Penal Statute; be-
cauſe while in Force it makes the Party liable to
the Forfeiture, and no one ought to be puniſhed
twice for the fame Offence: But Conviction may not
be pleaded to a new Suit by the King. Ibid. 18. A
Perfon convicted or attainted of one Felony, may be
profecuted for another, to bring Acceffaries to Pu-
nifhinent, &c. Fitz. Coron. 379. On a joint Indi&t-
14.
I
Beer and Soap to be fold there; and to mark them
that are right, and they may burn thoſe that be not
fo: And if any Cooper, &c. diminiſh a Veffel by ta-
king out the Head, or a Staff thereof, it shall be
burnt, and the Offender forfeit 3 s. 4d. Alfo Coopers
are to fell their Veffels at fuch Rates as fhall be or-
dained by Juftices, Mayors, &c. 23 H. 8. c. 4. This
laft Clauſe is repealed by 8 Eliz. cap. 9.
Coopertío, The Head or Branches of a Tree cut
down; tho' Coopertio Arborum is rather the Bark of
Timber Trees felled, and the Chumps and broken
Wood. Cowel.
Coopertura,
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Coopertura, A Thicket or Covert of Wood. | caufe held at the Will of the Lord: And Fitzherbert
Chart. de Foresta, cap. 12.
fays, it was antiently Tenure in Villenage, and that
Coparceners, (Participes) Otherwife called Par- Copybold is but a new Name. Some Copyholds are held
ceners, are fuch as have equal Portion in the Inhe-by the Verge in Ancient Demefne; and tho they are
ritance of an Anceftor; and by Law are the Iffue by Copy, yet are they a Kind of Freehold; for if a
Female, which, in Default of Heirs Male, come in Tenant of fuch a Copyhold commit Felony, the King
Equality to the Lands of their Anceſtors. Bract. lib. hath Annum, Diem & Vaftum, as in the Cafe of Free-
2. cap. 30. They are to make Partition of the holders: Some other Copyholds are fuch as the Te-
Lands; which ought to be made by Coparceners of nants hold by common Tenure, called Meer Copy-
full Age, &c. And if the Eftate of a Coparcener be hold, whofe Land, upon Felony committed, efcheats
in Part evicted, the Partition fhall be avoided into the Lord of the Manor. Kitch. 81. But Copyhold
the Whole. Lit. 243. I Inft. 173. 1 Rep. 87. The
Crown of England is not fubject to Coparcenary; and
there is no Coparcenary in Dignities, &e. Co. Lit. 27.
Stat. 25 H. 8. c. 22. Vide Parceners.
Copartnership, Is a Deed of Covenants between
Merchants, or others, for carrying on a joint
Trade, &c.
Cope, Is a Cuſtom or Tribute due to the King or
Lord of the Soil, out of the Lead Mines in fome
Part of Derbyshire; of which Manlove faith thus:
Land cannot be made at this Day; for the Pillars
of a Copyhold Eftate are, That it hath been demifed
Time out of Mind by Copy of Court Roll; and that
the Tenements are Parcel of or within the Manor.
Inft. 58. 4 Rep. 24. A Copyhold Tenant had origi-
nally in Judgment of Law but an Eftate at Will;
yet Cuſtom ſo eſtabliſhed his Eftate, that by the
Cuftom of the Manor it was deſcendible, and his
Heirs inherited it: And therefore the Eſtate of the
Copyholder is not merely ad voluntatem Domini, but ad
voluntatem Domini fecundum confuetudinem Manerii ; fo
that the Cuſtom of the Manor is the Life of Copy-
Egrefs and Regress to the King's Highway,
The Miners have; and Lot and Cope they Pay:
hold Eftates; for without a Cuffom, or if Copyholders
The thirteenth Difb of Oar within their Mine, break their Cuftom, they are fubject to the Will of
To the Lord, for Lote they pay at meaſuring Time;
The Lord: And as a Copybold is created by Cuſtom,
Six-pence a Load for Cope the Lord demands, fo it is guided by Cuftom. 4 Rep. 21. A Copyholder
And that is paid to the Berghmafter's Hands, &c. fo long as he doth his Services, and doth not break
the Cuftom of the Manor, cannot be ejected by the
Agreeable to this you may find in Sir John Pettus's Lord; if he be, he fhall have Trefpafs against him:
Fodina Regales, where he treats on this Subject. This But if a Copyholder refufes to perform his Services,
Word, by Domeſday-Book, as Mr. Hagar hath inter-it is a Breach of the Cuſtom, and Forfeiture of his
preted it, fignifies a Hill: And Cope is taken for the
fupreme Cover, as the Cope of Heaven. Alſo it is
ufed for the Roof and Covering of a Houfe; the
upper Garment of a Prieft, &c.
Copia Libelli deliberanda, Is a Writ that lies
where a Man cannot get the Copy of a Libel at the
Hand of a Judge Ecclefiaftical, to have the fame
delivered to him. Reg. Orig. 51.
Coppa, A Cop or Cock of Grafs, Hay or Corn,
divided into Titheable Portions; as the Tenth
Cock, &c. This Word in Stri&nefs denotes the
gathering or laying up the Corn in Copes or Heaps,
as the Method is for Barley or Oats, &c. not bound
up, that it may be the more fairly and juftily
tithed: And in Kent they ftill retain the Word, a
Cop or Cap of Hay, Straw, &c. Thorn in Chron.
Eftate. Copyholds defcend according to the Rules
and Maxims of the Common Law; but ſuch cufto-
mary Inheritances fhall not be Affets, to charge
the Heir in Action of Debt, &c. Ibid. Though a
Leafe for one Year of Copyhold Lands, which is war-
ranted by the Common Law, fhall be Affets in the
Hand of an Executor. 1 Vent. 163. Copyholders hold
their Eſtates free from Charges of Dower, being
created by Cuftom, which is paramount to Title of
Dower. 4 Rep. 24. Copybold Inheritances have no
collateral Qualities, which do not concern the Di-
fcent; as to make them Affets; or whereof a Wife
may be endowed; a Husband be Tenant by the
Curtely, &c. But by particular Cuftom, there
may be Dower and Tenancy by the Curteſy.
Cro. Eliz. 361. There may be an Effate-tail in
Copy, (Copia) Is in a legal Senfe the Tranfcript Copyhold Lands by Cuftom, with the Co-opera-
And as a Copyhold may
of an original Writing; as the Copy of a Patent, of tion of the Statute W. 2.
a Charter, Deed, c. A Claufe out of a Patent, ta- be entailed by Cuftom, fo by Cuftom the Tail
ken from the Chapel of the Roll, cannot be given may be cut off by Surrender. 1 Inft. 60. A Copyhold
in Evidence; but you muſt have a true Copy of the may be barred by a Recovery, by ſpecial Cuftom;
whole Charter examined: It is the fame of a Re- and a Surrender may bar the Iffue by Cuftom. A
cord. And if upon a Trial, you will give Part of Fine and Recovery at Common Law, will not de-
a Copy of an Office in Evidence to prove a Deed, ftroy a Cophold Eftate; becauſe Common Law Af-
which Deed is to prove the Party's Title to the furances do not work upon the Affurance of the Co-
Land in Queftion that gives it in Evidence; if that pyhold: Tho' Copyhold Lands are within the Stat. 4
Part of the Office given in Evidence, be not fo H. 7. of Fines with Proclamations, and five Years
much of it as doth any Ways concern the Land in Non-claim, and fhall be barred. 1 Rol. Abr. 506. A
Queſtion, the Court will not admit of it: For the Plaint may be made in the Court of the Manor, in
Court will have a Copy of the whole given, or no the Nature of a Real Action, and a Recovery ſhall
Part of it ſhall be admitted. 1 Lill. Abr. 312, 313. be had in that Plaint against Tenant in Tail, and
Where a Deed is inrolled, certifying an attefted fuch a Recovery fhall be a Difcontinuance to the
Copy is Proof of the Inrollment; and fuch Copy may Eftate-tail. 1 Brownl. 121. And the fuffering a Re-
be given in Evidence. 3 Lev. 387. A common covery by a Copyholder Tenant for Life in the Lord's
Deed cannot be proved by a Copy or Counterpart, Court is no Forfeiture, unless there is a particular
when the Original may be procured. 10 Rep. 92. Cuftom for it. 1 Nelf. Abr. 507. Copyholders may en-
And a Copy of a Will of Lands, or the Probate, is tail Copyhold Lands, and bar the Entails and Re-
not fufficient; but the Will muſt be fhewn as Evi-mainders, by committing a Forfeiture, as making
dence. 2 Roll. Abr. 74. Copies of Court Rolls ad-
mitted as Evidence. See Evidence.
Copphold, (Tenura per Copiam Rotuli Curia) Is a
Tenure for which the Tenant hath nothing to fhew
but the Copy of the Rolls, made by the Steward of
the Lord's Court; on fuch Tenant's being admitted
to any Parcel of Land or Tenement belonging to
the Manor. 4 Rep. 25. It is called Bafe Tenure, be-
Leafe without Licenfe, &c. and then the Lord is to
make three Proclamations, and feife the Copyhold,
after which the Lands are granted to the Copyholder,
and his Heirs, &c. This is the Manner in fome
Places; but it muſt be warranted by Cuſtom.
Danv. Abr. 191. Sid. 314. Cuftoms ought to be Time
out of Memory; to be reafonable, c. And a Cu-
ftom in Deprivation or Bar of a Copybold Eftate, fhall
2
be
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be taken ftri&ly; but when for Making and Main- Estate. 2 Cro. 16. Cro. Fac. 253. If a Copyholder
taining it, fhall be conftrued favourably. Comp. Cop. bargains and fells his Copyhold to a Leffee for Years,
Sect. 33. Cro. El. 879. An unreasonable Cuftom, as c. of the Manor, his Copyhold is extinguished. 2 Dano.
for a Lord to exact exorbitant Fines; for a Copy- 205. A Copyholder may grant his Eftate to his Lord,
holder for Life to cut down and fell Timber-Trees, by Bargain and Sale, Refcafe, for between Lord
c. is void A Copyholder for Life pleaded a Cuſtom, and Tenant the Conveyance need not be according
that every Copyholder for Life, might in the Prefence to Cuftom. I Nelf. 504 A Copyholder in other Cafes
of two other Copyholders appoint who fhould have his cannot lien by Deed: Though he that hath a
Copyhold after his Death; and that the two Copyholders Right only to a Copyhold may releaſe it by Deed,
might affefs a Fine fo as not to be less than had And if a Copyholder furrenders upon Condition, he
been uſually paid; and it was adjudged a good Cu-may afterwards releafe the Condition by Deed.
ftom. 4 Leon. 238. But a Cuftom to compel a Lord 2 Danv. 205. Cro. Fac. 36. Alfo one joint Copybolder
to make a Grant, is faid to be against Law; tho' may releafe to another, which will be good without
it may be good to admit a Tenant. Moor 788. By any Admittance, &c. Ibid. The customary Grant
the Cuftom of fome Manors, where Copyhold Lands of a Copyhold from Lord to Tenant is in this Form:
are granted to Two or more Perfons for Lives, the
Perfon-first named in the Copy may furrender all
the Lands. 1 Nelf. Abr. 497. There are Cuſtoms
Ratione loci, different from other Places: But tho' a
Cuftom may be applied to a particular Place; yet
'tis again the Nature of a Cuftom of a Manor to
apply it to one particular Tenant. 1 Nelf. 594 I
Lutw. 126. There are ufually Cuftom-Rolls of Ma-
nors, exhibited on Oath by the Tenants; fetting
forth the Bounds of the Manor, the Royalties of
the Lord, Services of the Copyhold Tenants, the Te-
nures granted, whether for Life, &c. concerning
Admittances, Surrenders, and the Rights of the Copy-
holders, as to taking Timber for Repairs, Fire-boot,
Common belonging to the Tenants. Payment
of Rent, fuing in the Court of the Manor, taking
-
པ
A Grant and Admittance by Copy of Court-Roll.
Manor 2 At a Court Baron of T. B. Esquire, Lord of
of A. S the Manor aforesaid, held for the faid Ma-
nor the twenty-fixth Day of October in the
Sixth Year of the Reign of the Lord George
the Second, by the Grace of God, King of
Great Britain, France and Ireland, De-
fender of the Faith, &c. and in the Year of
our Lord. 1732. Before G. J. Gentleman,
Steward there; it was inrolled among other
Things, as follows.
T
A
this Court came J. C. and took of the Lord of
Heriots, &c. All which Cuſtoms are to be obferved.
Comp: Court-Keep. 21. When an Act of Parliament al-aforefaid, one Meffuage or Tenement, and forty Acres of
rereth the Service, Cuftoms, Tenure, and Intereft Land, Meadow, and Pafture, with their Appurtenances,
of Land, in Prejudice of the Lord or Tenant, there within the aforefaid Manor, late in the Tenure of W. D.
the general Words of fuch an A&t fhall not ex deceased: To have and to hold the faid Meſſuage or
tend to Copyholds. 3 Rep. 7. Copyholders are not within Tenement and forty Acres of Land with all and fingular
the Stat. 27 H 8. of Jointures; nor the 32 H. S. the Appurtenances, unto the aforefaid J. C. and alfo to
of Leafes, Cpyholds being in their Nature demifable J and T. his Sons, for the Term of their Lives, and the
only by Copy: They are not within the Statute of Life of either of them longest living fucceffively, at the
Ules; nor are Copyholds extendible in Execution: But Will of the Lord, according to the Custom of the Manor a-
Copyholds are within the Statute 18 Ed. 1. of Limita- forefaid; By the Rent of ten Shillings by the Year, and
tion of Actions; and the 13 Eliz. &c. against Bank for a Heriot when it happens, thirty Shillings, and by all
rupts. The Lord fhall have the Cuftody of the other Rents, Works, Suits, Customs and Services therefore
Lands of Ideots, &c. And a Copyholder is not within due, and of Right accustomed; and for fuch Eftate and
the A&t 12 Car. 2. to difpofe of the Cuftody and Entry fo in the Premises had, the aforesaid J. Č. gives to
Guardianship of the Heir; for if there be a Custom the Lord for a Fine ninety Pounds before-hand paid: And·
for it, it belongs to the Lord of the Manor. 3 Lev. fo he is admitted Tenant thereof, and doth his Fealty;
3.95. 1 Nelf. Abr. 492, 522. Copyholders fhall neither but the Fealties of the others are refpited, until," &c.
implead nor be impleaded for their Tenements by Dated by Copy of the Rolls of the aforesaid Court, the
Writ, but by Plaint in the Lord's Court held within Day and Year abovefaid.
the Manor: And if on fuch Plaint, erroneous Judg-
ment be given, no Writ of falfe Judgment lies, but
Petition to the Lord in Nature of a Writ of falfe
Judgment, wherein Errors are to be affigned, and
Remedy given according to Law. Co. Lit. 6o. Where
a Man holds Copyhold Lands in Truſt to ſurrender to
another, &c. if he refufes to furrender to the other
accordingly, he may be compelled by Bill exhibited
in the Lord's Court, who, as Chancellor has Power
to do Right. I Leon. 2. A Copyholder may have a
Formedon in Defcender in the Lord's Court. Leffee
of a Copyholder for Life for one Year, fhall maintain
an Ejectment: But Ejectment will not lie for a Copy-
bold, unless the Plaintiff declare on the Cuftom, up-
on a Leafe, c. 4 Rep. 26. Moor 679. A Manor
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Examined with the Rolls
of the faid Court,
By me G. J. Steward there.
A Copyholder cannot convey or transfer his Copyhold
Eltate to another otherwife than by Surrender;
which is the Yielding up of the Land by the Tenant
to the Lord, according to the Cuftom of the Manor,
to the Ufe of him that is to have the Eftate: Or it
is in Order to a new Grant, and further Eftate in
the fame. And thefe Surrenders are as follow:
Form of a Surrender of a Copyhold Eftate in Fee.
A
T this Court A. B. a customary Tenant of this
'
is loft when there are no cuſtomary Tenants or Copy Manor, Surrendred into the Hands of the Lord, by
holders: And if a Copyhold comes into the Hands of
the Lord in Fee, and the Lord Leafes it for one the Hands of the Steward aforesaid, all that customary
Year, or half a Year, or for any certain Time, it Meuage or Tenement, &c. called, &c. with the Appur-
can never be granted by Copy after: But if the tenances, to the Ufe and Behoof of C. D. bis Heirs and AS
Lord aliens the Manor, c. his Alienee may refigns for ever; which ſaid Č. D. being preſent here in
grant Land by Copy. If the Lord keeps the CopyGourt, prayed to be admitted Tenant to the Tenement afore-
hold for a long Time in his Hand, it is no Impedi
ment but that he may after Grant it again by Copy.
2 Danv. Abr. 176, 177. A Copyholder in Fee accepts
of a Leafe, Grant, or Confirmation of the fame
Land from the Lord, this determines his Copyhold
2
faid, with the Appurtenances; to whom the Lord, by the
Steward aforesaid, granted and delivered to him Seifin
thereof by the Rod: To have and to hold the Tenement
aforesaid, with the Appurtenances, to the faid C. D. his
Heirs and Affigns at the Will of the Lord, according to the
Custom
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Cuſtom, &c. and he gives to the Lord for a Fine, &c. nor in Right of the Feme grant a Copyhold, this hall
and is admitted Tenant thereof, and does Fealty, &c.
bind the Feme notwithstanding her Coverture. 4 Rep.
23. An Executor may make Grants of Copyhold E-
ftates, according to the Cuftom of the Manor,
A Surrender and New Grant of Copyhold Lands for where a Devife is made that the Executor fhall
A 3
Life.
grant Copies for Payment of Debts. 2 Danv. 178. A
Manor may be held by Copy of Court-Roll, and
T this Court came W. E. who claims to hold for the Lord of fuch Manor grant Copies; and fuch
the Term of his Life, and of the Life of J. his customary Manor may pals by Surrender and Ad-
Son, by Copy of Court-Roll of the Manor there, bearing mittance, &c. A cuftomary Manor may be holden
Date, &c. one Tenement, called, &c. with the Appurte of another Manor, and fuch customary Lord máy
nances, within the Manor aforefaid; and all and fingular grant Copies and hold Courts: But a Copyholder Lord
the Premiffes, and the whole Eftate thereof, Right, Title, of fuch a Manor cannot hold a Court Baron to have
Intereft, Poffeffion, Reverfion, Claim and Demand of him Forfeitures, and hold Pleas in a Writ of Right,
the faid W. E. and J. his Son, (the faid W. being fole &c. 1 Nelf. Abr. 524. All Grants of Copyhold Eltares
Purchafer of the Premises) together with a Copy thereof are to be according to the Cuftom of the Manor; and
made now to be canelled, into the Hands of the Lord in Rents and Services cultomary must be referved;
the aforesaid Court he hath ſurrendered, that the faid Lord for what Acts of the Lord in granting Copyholds are
may do therewith according to his Pleasure; from whence there not confirmed by Cultom, but only ftrengthned by
accrues to the Lord a Heriot, which is included in the Fine the Power and Intereft of the Lord, have no longer
bere under written: Whereupon to this fame Court came Duration than the Lord's Eftate continueth. Comp.
the aforefaid W. E. and J. his Son, and took of the Lord Court Keeper 421. If by the Cuſtom, a Copyhold may
in the faid Court, by the Delivery of the Steward, the be granted for three Lives, and the Lord grants it
aforefaid Premiffes, with the Appurtenances: To have to one for Life, Remainder to fuch Woman as he
and to hold the Tenement and Premiffes aforesaid, with fhall marry, and to the firſt Son of his Body; both
all and fingular the Appurtenances, to the aforesaid W. E.thefe Remainders are void: And a Remainder li-
and J. E. and alfo to A. E. Daughter of the faid W. E.mited upon a void Eftate in the Creation, will be
for the Term of their Lives, and of the Life of the longest
Liver of them fucceſſively, at the Will of the Lord, ac-
cording to the Cuftom of the Manor aforefaid; by the Rent
therefore by the Year of 13s. 4 d. and one Heriot when it
ſhall happen, and by all other Rents, Burdens, Works,
Suits, Customs and Services, formerly due and of Right
accustomed; and the aforefaid W. and J. to have fuch
Eftate in and Entry on the Premiffes, give to the Lord for
a Fine, &c. before hand paid; and fo the aforefaid W.
is admitted Tenant thereof, and doth his Fealty to the
Lord, but the Fealties of the faid J. and A. are refpited,
until, &c.
•
likewife void. But if by Cuftom it is demifable in
Fec, a Surrender may be to the Ufe of one for Life,
Remainder in Tail, Remainder in Fee. 2 Dano.
Abr. 203. Cro. Eliz. 313. It is held, where by the
Cuftom of a Manor the Lord can grant a Coryhold
for three Lives, he may grant it for any Eftate
coming within the Intent of the Cuftom; as to
A. B. and his Affigns, To hold to him and his Af
figns for the Lives of three others, and of the longer
Liver of them fucceffively, &c. 2 Ld. Raym. 994,
1000. The Lord of a Manor may himſelf grant
a Copyhold Eftate at any Place out of the Manor;
but the Steward cannot grant a Copybold at a Court
As to Copyhold Grants; which are made either in held out of the Manor. 4 Rep. 26. Though the
Fee, or for three Lives, &c. the Lord of the Manor Steward may take Surrenders our of the Manor,
that hath a lawful Eſtate therein, whether he be as well as the Lord. 2 Danu. Abr. 181. A Steward
Tenant for Life or Years, Tenant by Statute Mer- is in Place of the Lord, and without a Command
chant, &c. or at Will, is Dominus pro tempore, and to the contrary may grant Lands by Copy, &c.
may grant Lands, Herbage of Lands, a Fair, Mill, But if a Lord command a Steward that he fhall
Tithes, c. and any Thing that concerns Lands, by not grant fuch a Copy, if he grants it, it is void:
Copy of Court Roll, according to Cuftom; and fuch And if the Steward diminishes the ancient Rents
Grants fhall bind thoſe in Remainder: The Rents and Services, the Grant will be void. Cro. Eliz. 699.
and Services reſerved by them ſhall be annexed to Things of Neceffity done by a Steward, who is but
the Manor, and attend the Owner thereof after their in reputed Authority, are good if they come in by
particular Eftates are ended. 4 Rep. 23. 11 Rep. 18. Prefentment of the Jury; as the Admittance of
And if a Lord of a Manor for the Time being, Leffee an Heir upon Prefentment, &c. Though Acts vo-
for Life, Years, c. take a Surrender, and before luntary, as Grants of Copyholds, c. are not good
Admittance he dieth, or the Years or Intereft de- by fuch Stewards. Ibid. If an Under-Steward hold
termine, tho' the next Lord comes in above the Leafea Court without any Disturbance of the Lord of the
for Life or Years, or other particular Intereft, yet Manor, though he hath no Patent nor Deputation
fhall he be compelled to make Admittance accord- to hold it, yet it is good; becauſe the Tenants are
ing to the Surrender. Co. Lit. 59. But a Lord at not to examine what Authority he hath, nor is he
Will, of a Copyhold Manor, cannot Licence a Copy-bound to give them an Account of it. Moor 110
bold Tenant to make a Leafe for Years; though he A Deputy Steward may authorize another to do a
may grant a Copy hold for Life, according to the Cu- particular A&t; but cannot make a Deputy to a
ftom: If a Lord for Life, gives Licence to a Te in general. 1 Salk. 95. In Admittances, in Court upon
nant to make a Leafe for Years, this Leafe fhall voluntary Grants, the Lord is Proprietor; in Ad-
continue no longer than the Life of the Lord. 2mittances upon Surrender, the Lord is not Proprie-
Danu. Abr. 202. If he that is Dominus pro tempore of tor of the Lands, but only a neceffary Inftrument
the Manor, admits one to a Copyhold, he difpenfes of Conveyance; and in Admittances by Defcent
with all precedent Forfeitures; not only as to him-the Lord is a meer Inftrument, not being neceffary
felf, but alſo as to him in Reverſion
to him in Reverfion; for fuch to ftrengthen the Heir's Title, but only to give the
Grant and Admittance amount to an Entry for the Lord his Finc. 4 Rep. 21, 22.
The Heir of a Copy-
Forfeiture, and a new Grant; but a Lord by Tort holder may enter, and bring Trefpafs, before Admit-
cannot by fuch Admittance purge the Forfeiture as tance, being in by Defcent; and he may furren-
to the rightful Lord. 1 Lev. 26. Grants by Copy of der before Admittance: But he is not a compleat
Court-Roll by Infants, &c. will be binding: And if Tenant to be fworn of the Homage, or to maintain
a Guardian in Socage grants a Coryhold in Reverfion, a Plaint in the Lord's Court. And if the Heir do
according to the Cuftom of the Manor, this fhall not come in and be admitted, on the Death of his
be a good Grant; for he is Dominus pro tempore. Ancestor, where the fame is prefented and Procla-
2 Roll. Abr. 41. If Baron and Feme feifed of a Ma- Imation made, he may forfeit his Eftate. Cro. El. 90.
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4 Rep.
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4 Rep. 22, 27. On Surrender of a Copyhold, the Sur-¡ter of Attorney: But not out of Court, without a
renderor or Perfon making the fame, continues Te- fpecial Cuftom. 9 Rep. 75, 76. If one cannot come
nant till the Admittance of the Surrendree; and into Court to fürrender in Perfon, the Lord may
the Surrendree may not enter upon the Lands, or appoint a Special Steward to go to him, and take
Surrender before Admittance, for he hath no Eftate the Surrender. 1 Leon. 36. A Copyholder being in Ire-
till then; tho is otherwife of the Heir by Defcent, land, the Steward of a Manor here, made a Com-
who is in by Courfe of Law, and the Custom cafts miffion to one to receive a Surrender from him
the Poffeffion upon him. Comp. Court-Keep. 436. A there, and it was held good. 2 Danv. 181. The In-
Surrender is not of any Effect until Admittance, and rent of Surrenders is, that the Lord may not be a
yer the Surrendree cannot be defrauded of the Be-Stranger to his Tenant, and the Alteration of the E-
nefit of the Surrender; for the Surrenderor cannot ftate. As a Copyholder cannot transfer his Eftate tó
pafs away the Land to any other, or make it fuba Stranger by any other Conveyance than Surren-
ject to any other Incumbrances; and if the Lord der; fo if one would exchange a Copy bold with ano-
refufe the Surrendree Admittance, he is compellather, both mult furrender to each other's Ufe, and
ble in Chancery. Comp. Cop. Sect. 39. A Grantee hath the Lord admit accordingly: And if any Perfon
no Intereft vefted in him till he is admitted: But would devife a Copyhold Eftare, he cannot do it by
Admittance of a Coryholder for Life is an Admittance his Will; but he muſt ſurrender to the Uſe of
of him in Remainder, for they are but one Eftate; his Taft Will and Teftament, and in his Will declare
and the Remainder Man may, after the Death of his Intent. Comp. Cop. Sect. 36, 39. Alfo where a Co-
Tenant for Life, furrender without Admittance. 3 yholder furrenders to the Ufe of his Will, the Lands
Lev. 308. Cro. El. 504. Every Admittance upon a do not pafs by the Will, but by the Surrender; the
Defcent or Surrender may be pleaded as a Grant; and Will being only declaratory of the Ufes of the Sur-
a Perfon may alledge the Admittance of his Ancestor render. I Bulft. 200. But in Caſe of a Will, the
as a Grant ; and fhew the Defcent to him, and that Chancery will fupply the Defect of a Surrender, in
he entered, &c. But he cannot plead that his Fa-the Behalf of Children, if not to difinherit the eld-
ther was feiſed in Fee, &c. and that he died feifed, eft Son; and for the Benefit of Creditors, where a
and the Land-defcended to him. 2 Danv. 208. Ad- Copyhold Eftate is charged by Will with the Payment
mittance on Surrender, mußt in all Refpects agree of Debts, though there be no Surrender to thoſe
with the Surrender; the Lord having only a cufto Ufes, it will be good in Equity. 4 Rep. 25. 1 Salk.
mary Power to admit fecundum formam & effectum fur- 187. 3 Salk: S4. Yet 'tis held, that Equity Thall
fum redditionis. 4 Rep 26. If any are admitted other-not fupply the Want of fuch Surrender in Favour
wife, they fhall be feifed according to the Surren-of a Grandchild; or Baftard, who is not confider'd
der: Yet where a voluntary Surrender is general, as a Child; or a Wife against the Heir; nor in Be-
without faying to whofe Ufe, a fubfequent Admit-half of Legatces: But where the Surrender is re-
tance may explain it. 2 Danv. 187, 204. In voluntary fus'd, a Will of a Copyhold may be fufficient without
Admittances, if the Lord-admits any one contrary it. Abr. Caf. Eq. 122, 124 A Ceftui que Truft may
to Cuftom, it ſhall not bind his Heir or Succeffor.devife an Interest in Land, &c. without Surrender;
If a Copyholder furrender to the Ufe of another, and and if Copyhold Lands are in Mortgage, the Mortga-
after the Lord having Knowledge of it, accepts gor can difpofe of the Equity of Redemption by
the Rent of fuch other out of Court, this is an Ad-Will, without any Surrender made; becauſe he hath
mittance in Law: And any A&t implying the Con-at that Time no Eftate in the Land, whereof to
fent of the Lord to the Surrender, fhall be adjudg'd make a Surrender. Preced. Canc. 320, 322. One
a good Admittance. 1 Nelf. Abr. 493. If the Steward Jointenant may furrender his Part in the Lands
accept a Fine of a Copyholder, it amounts to an Ad-to the Ufe of his Will, &c. And where there are
mittance. 2 Danv. 189. But delivering a Copy is two Jointenants of a Copyhold in Fce, if one of
no Admittance. Where a Widow's Eftate is created them make a Surrender to the Ufe of his Will,
by Cuftom, that fhall be an Admittance in Law: and die, and the Devifee is admitted, the Surren-
And her Estate arifing out of that of her Husband's, der and Admittance fhall bind the Survivor. 2
his Admittance is the Admittance of her. Hut. 18. Cro. 100. A Surrender may not be to commence
And the who hath a Widow's Eftate by the Cuftom in futuro; as after the Death of the Surrenderor,
of the Manor, upon the Death of her Husband,&c. tho' Copyholds may be furrendered to the Ufe
need not pay a Fine to the Lord for the Eftate; for of a Man's Will. March 177. A Copyholder cannot
this is only a Branch of the Husband's. Hob. 181. furrender an Estate abfolutely to another, and
When a Cuſtom is, that the Wife of every Copyholder leave a particular Eftate in himself: Though he
for Life fhall have her Free Bench, after the Death may furrender to Ufes, &c. A Copyholder furren-
of the Baron, the Law cafts the Eftate upon the dered to the Ufe of his Wife and younger Son, with-
Wife, fo that fhe fhall have it before Admittance, out mentioning what Eitate; and adjudged that they
Exc. 2 Danv. 184. But if a Wife is entitled to her had an Eftate for Life. 4 Rep 29. If a Man having
Free Bench by Cuftom, and a Copyholder in Fec fur-bought a Copyhold to himfelf, his Wife and Daughter,
renders to the Ufe of another, and then dies; it and their Heirs, afterwards furrenders it to another
has been adjudged that the Surrendree fhould have
the Land, and not the Wife; becauſe the Wife's
Title doth not commence till after the Death of her
Husband; but the Plaintiff's Title begins by the
Surrender, and the Admittance relates to that. I
Inft. 59. 1 Salk. 185. The Widow's Title commen-
ceth not by the Marriage; if it did, then the Hus
band could do nothing in his Life-time to prejudice
it: But 'tis plain he may Alien or Extinguifh his
Right, fo as to bind the Estate of the Widow: The
Free-Bench grows out of the Eftate of the Husband;
and 'tis his dying feifed which gives the Widow a
Title, and as the Husband has a defeaſible Eftate,
fo the Wife may have her Free-Bank defeated. 4
Mod. Rep. 452, 453. Admittances are never by At-
torney, for the Tenant ought to do Fealty: Though
Surrenders are oftentimes by Attorney, 2 Danu. 189.
A Copyholder in Fee may Surrender in Court, by Let-
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and his Heirs, for fecuring a Sum of Money; after
his Death, the Surrendree fhall not be intitled to
the Land, it being an Advancement for the Wife
A Feme Covert may
and Daughter. z Vern. 120.
receive a Copyhold Eftate, by Surrender from her
Husband, becauſe he comes not in immediately
by him, but by the Admittance of the Lord ac-
cording to the Surrender. 4 Rep. A Feme Covert is
to be fecretly examined by the Steward, on her
furrendering her Eftace. Co. Litt. 59. An Infant fur-
rendered his Copyhold, and afterwards entered at full
Age, and it was held lawful, tho' the Surrendree
was admitted. Moor 597. By the general Cuſtom of
Copyhold Eftates, Copyholders may furrender in Court,
and need not alledge any particular Cuſtom to war-
rant it: But where they furrender out of Court, in-
to the Hands of the Lord by Cuftomary Tenants, &c.
Cuftom must be pleaded. 9 Rep. 75. 1 Roll. Abr. 500.
And
5.
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by Sickness, Inundations of Water, &c. If the
Lord demandeth his Rent, and the Copyholder being
prefent denies to pay it at the Time required, this
is a Forfeiture; but if the Tenant be not upon the
Ground when demanded, the Lord tuft continue
his Demand upon the Land, ſo that by a continual
Denial in Law, it may amount to a Denial in Fact :
Though it is faid there must be a Demand from
the Perfon of the Copyholder, and a wilful Denial, to
make a Forfeiture. A Copyholder not performing the
Services due to his Lord; or if he fue a Replevin
againſt the Lord, upon the Lord's lawful Diftrefs
for his Rent or Services, these are Forfeitures. If
the Lord upon Admittance of a Copyholder, the Fine
by the Cuftom of the Manor being certain, demand-
eth his Fine, and the Copyholder denieth to pay it up-
on Demand, this is a Forfeiture. Upon the Defcent
of any Coryhold of Inheritance, the Heir by the ge-
neral Cuftom is tied, upon three folemn Proclama-
tions, made at three feveral Courts, to come in and
be admitted to his Copyhold; or if he faileth therein,
this Failure worketh a Forfei ure; but if an Infant
come not in to be admitted at three Proclamations,
it is no Forfeiture: So of one beyond Sea, &c. An
Ideot, Lunatick, &c. tho' able to take Copyholds, yet
they are unable to forfeit them: And in Refpect to
others, Forfeitures may be mitigated by Cuſtom, and
the Copyholder only amerced. By Star. 9 Gec. 1. c. 29.
On Default of Infants, and Feme Coverts appearing
to be admitted Tenants to Coryhold Lands, the Lord
or his Steward may name a Perfon to be Guardian
or Attorney for them, and by fuch Guardian, &i.
admit them: And if the ufual Fine thereon be not
paid in three Months, being demanded in Writing,
the Lord may enter on the Copyhold, and receive the
Rents, c. till the Fine is paid with all Charges.
And by this Statute, no Infant or Feme Covert fhall
forfeit any Copyhold Lands for their Neglect to come
to Court to be admitted, or Refufal to pay any
Fine. The general Cuftom of Copyholds allows a Copy-
holder to make a Leafe for one Year of his Copyhold
Eftate, and no more, without incurring a Forfei
ture: But a Copyholder may make a Leafe for one
And Surrenders out of Court are to be prefented at
the next Court; for it is not an effectual Surren
der till prefented in Court. Where a Copybolder in
Fee ſurrenders out of Court, and dies before it is
prefented, yet the Surrender being prefented at the
next Court will ftand good, and Ceftui que Ufe fhall
be admitted: So if Ceftui que Ufe dies before it is
preſented, his Heir fhall be admitted. But if the
Surrender be not prefented at the next Court, it is
void. Co. Litt. 62. 2 Danu. 188. If the Tenants by
whofe Hands the Surrender was made ſhall die, and
this upon Proof is prefented in Court, it is well e-
nough. 4 Rep. 29. Tenants refuſing to make Pre-
fentment, are compellable in the Lord's Court.
And by Surrender of Copyhold Lands to the Ufe of a
Mortgagee, the Lands are bound in Equity, though
the Surrender be not prefented at the next Court.
2 Salk. 449. When a Coyholder furrenders upon
Condition, and this is prefented abfolutely, the
Prefentment is void: But where a conditional Sur-
render is prefented, and the Steward omits entering
the Condition, on Proof thereof the Condition fhall
not be avoided; but the Rolls fhall be amended.
4 Rep. 25. A Copyholder may furrender to the Ufe of
another, referving Rent with a Condition of Re
entry for Non-payment, and in Default of Payment
may re-enter. Ibid. 21. If a Copyholder of Inheri-
tance, takes a Leafe for Years of his Copyhold Eftate,
it is a Surrender in Law of his Copyhold. Where
there is a Tenant for Life, and Remainder in Fee,
he in Remainder may furrender his Eſtate, if there
by no Cuſtom to the contrary. 3 Leon. 329. If a
Surrender is inade with Remainders over, Cafe lies
for him in Remainder against a Copyholder for Life,
who commits Wafte, &c. 3 Lev. 128. A Surrendrec
of a Reverfion of a Copyhold, is an Affignee within
the Equity of the Star. 32 H. 8. to bring Action of
Debt or Covenant againſt a Leffee, c. 1 Salk. 185.
A Copyholder in Fee furrenders to the Ufe of one for
Life, with Remainder to another for Life, Remain-
der to another in Fee; as the particular Eftates and
Remainders make but one Eltate, there is but one
Fine due to the Lord. 2 Danv. 191. Fines are paid
to the Lord on Admittances; and may be due on e-Year, and covenant with the Leffee, that after the
very Change of the Eftate by Lord or Tenant: In End of that Year, he fhall have the fame for ano
Cafe of a Surrender, the Lord may make what ther Year, and ſo de anno in annum during the Space
Fine he pleaſes; but Fines are to be reaſonable; of feven Years, &c. and be no Forfeiture. Cro. Fac.
They are either certain, by Cuftom, or uncertain; 300. Though a Copyholder may not make a Leafe to
a Fine certain is to be paid preſently; but if it be hold for one Year, and fo from Year to Year during
uncertain, the Copyholder is to have Notice, and his Life, excepting one Day yearly, &c. which will
Time to pay it. The Lord may have Action of be a Forfeiture, being a mere Evafion. A Woman
Debt for his Fine; or may diftrain by Cuftom. 4 who was a Copyholder in Fee married, her Husband
Rep. 27. 13 Rep. 2. A Heriot is a Duty to the Lord, made a Leafe for Years, not warranted by the Cu-
rendered at the Death of the Tenant, or on a Sur- ftom, which was a Forfeiture; the Husband died;
render and Alienation of an Eftare; and is the bett and adjudged that the Lord fhall not take Advantage
Beaft or Goods, found in the Poffeffion of the Te- of this Forfeiture after his Death, but the Wife ſhall
nant deccafed, or otherwife, according to Cuftom. enjoy the Eftate. Cro. Car. 7. Livery upon any Con-
And for Heriots, Reliefs, &c. the Lord may diftrain, veyance of a Copyhold Eftate amounts to a Forfeiture.
or bring Action of Debr. Plowd, 96. Relief is a Sum And yet if a Copyholder for Life furrender to another
of Money which every Copyholder in Fee, or Free-in Fee, this is no Forfeiture; for it paffeth by Sur-
holder of a Manor pays to the Lord, on the Death render to the Lord, and not by Livery. If Copy-
of his Anceſtor; and is generally a Year's Profits of holder for Life cuts down Timber-Trees, it is a For-
his Land. Services fignifie any Duty whatsoever feiture of his Copybold: Tho' fuch Copyholder may take
accruing unto the Lord from Tenants; and are not Houſe boot, Hedge-boor, and Plough boot, upon his
only annual, and accidental; but corporal, as Ho- Copyhold, of common Right, as a Thing incident to
mage, Fealty, &c. Comp. Court Keep. 7, 8, 9, &c. the Grant; if he be not reftrained by Custom, to
Copyholds efcheat, and are forfeited in many Cafes; take them by the Affignment of the Lord or his Bai-
Efcheat of a Copyhold Eftate, is either where the liff. Where a Copyholder for Life fells Timber-Trees,
Lands fall into the Hands of the Lord, for Want of the Lord may take them, and the Estate is forfeited:
an Heir to inherit them; or where the Copyholder But if Under-Leffee for Years of a Copyholder cut
commits Felony, &c. But before, the Lord can en-down Timber, this fhall not be a Forfeiture of the
ter on an Eftate efcheated, the Homage Jury ought Copyhold Eftate, but the Lord is put to his Action of
to prefent it. Forfeitures proceeding from Treafons, the Cafe against the Leffec. 1 Bulft. 150. Style 233.
Felonies, Alienation by Deed, &c. a Prefentment of A Copyhold granted to two for their Lives fucceffive-
them must be alfo made in Court, that the Lord ly, where the Cuftom of the Manor is, that they
may have Notice of them. A Copyholder refufing to fhall not fell Trees; if the firft Copyholder for Life
do Suit of Court, being fufficiently warned, is a cut down Trees, &c. 'tis not only a Forfeiture of
Forfeiture of his Eftate; unless he be prevented his own Eftate for Life, but of him in Remainder.
Moor
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and determined in a Court whereof the Judges
have not any Jurifdiction; then it is faid to be Co-
ram non Judice, and void.
2 Cro. 351.
Cozbel Stones, Are Stones wherein Images
ftand: The old English Corbel, was properly a Nich
in the Wall of a Church, or other Structure, in
which an Image was placed for Ornament or Super
ftition; and the Corbel Stones were the fimooth po
lifhed S ones, laid for the Front and Outfide of the
Corbels or Niches. Thefe Niches remain on the
Outfide of very many Churches and Steeples in
England, though the little Statues and Reliques are
molt of them broken down. Paroch. Antiq. $75.
Cord of Wood, Is a Quantity of Wood eight
Foot long, four Foot broad, and four Foot high,
ordained by Statute.
·
Cozdage, (Fr.) Is a general Appellation for all
Stuff to make Ropes, and for all Kind of Ropes
belonging to the Rigging of a Ship: It is mentioned
in 15 Car. 2. c. 13.
Cozdiner, From the Fr. Cordouannier, a Shoema-
ker; we call him vulgarly a Cordwainer; and fo
this Word is uſed in divers Statutes, as 3 H. 8. c. 10.
5 H. 8. c. 7. 27 H. 8. c. 14. 5 & 6 Ed. 6. c. 3. 1 Fac.
1. c. 22, &c. By which laft Statute the Maſters and
Wardens of the Cordwainers Company in London, &c.
are to appoint Searchers and Triers of Leather; and
Leather is not to be fold before fearched and feal-
cd, &c.
Moor 49. In other Cafes, a Copyholder for Life com-
muting Waite, ſhall not forfeit the Estate of him in
Remainder. Cro. Eliz. 880. If Copyholder for Life,
where the Remainder is over for Life, commits a
Forfei ure by Walte, &. he in Remainder thall not
enter, but the Lord. 2 Danv. 198. A Copyholder com
mitting Walte voluntary, or permiffive, this is a
Forfeiture: Voluntary, as if he pluck down any
Houfe, though built by himself; lop Trees, and
fell them, phough up Meadow, whereby the Ground
1s made worte, &c. Permiffive, if he fuffer the
Roof of the Houfe to let in Rain, or the Houfe to
fall; or if he permit his Meadow Ground to be fur-
rounded with Water, fo that it becomes marfhy, or
his arable Land to be thus furrounded and become
unprofitable, &c. thefe and the like are Forfeitures,
See 2 Dany. Abr. 192, 193, 196, c. 1. Nelf. Abr. 509,
510, &c. If a Feme Coryholder for Life takes Huf
band, who commits Wate, and dies, the Eftate of
the Feme is forfeited: Tho' not if a Stranger com-
mit the Wafte, without the Affent of the Husband.
4 Rep. 37. Moſt Forfeitures are caufed by Acts con-
trary to the Tenure: But a fucceeding Lord of a
Manor, fhall not have any Advantage of a Forfei-
ture, by Waſte done by a Copyholder in the Time of
his Predeceffor. 2 Sid. 8. And if a prefent Lord
doth any Thing whereby he acknowledges the Per-
fon to be his Tenant after Forfeiture, this Acknow-
ledgment is a Confirmation of his Eftate. Coke's
Cop. 61. The Court of Chancery will not relieve a
Copybold Tenant, against a voluntary Forfeiture, on
committing Wafte, &c. But it doth for permiffive
Wafte; and when the Eftate is forfeited for Non
payment of Rent, a Fine, or fuch Things, where
a Value may be fet on them, and Compenfation
made the Lord on any Laches of Time, the Tenant
may be relieved; for there the Land is but in Na-
ture of a Security for thofe Sums. Preced. Canc. 569,
572. In Cafe of making a Leafe for Years, with
out Licenfe, and not warranted by Cuſtom, found Corn, No Corn was formerly to be Transported,
to be a Forfeiture at Law, Equity has nothing to without the King's Licenfe; except for the Victual-
do with it, to give any Remedy; it is like to a ling of Ships, and in fome fpecial Cafes, from ſome
Feoffment made, or Fine levied by particular Te- Ports only: And none may buy Corn to fell again,
nants, against which their can be no Relief. Ibid. without Licence from Juftices, &c. Stat. 5 El. c. 12.
Where Copyhold Lands are purchaſed in Fee, But now Corn, as Wheat, Barly, Oars, c. may be
in Truft for an Alien, the Lands are not feifable tranfported to States in Amity when they exceed
by the King; nor is the Truft forfeited to him; for not fuch and fuch Prices, viz. Wheat 48 s. the Quar-
if the Lands were forfeited as purchaſed for fuchter, Barley 24s. Oats 16 s. c. by many Statutes;
Alien, then the Lord of the Manor would lofe his
Fines and Services, &c. Hard. 436. Copyhold Eftates
of poor Prisoners, affigned to Creditors, and Af
fignees admitted by the Lord, on paying the ufual
Fine duc on a Surrender, &c. See Stat. 10 Geo. 2.
c. 26. See my Comp. Court-Keeper, 3d Edit. through
out, and Nelson's Lex. Manerior', 2d Edit.
Cozdubanaríus, Allo fignifies a Shoe-maker. Cowel.
Cozetes, From the Brit. Cored, Pools, Ponds, &c.
Et cum fuis Pif ibus & Coretibus anguillarum
& cum toto Territorio fuo. Du Freſne.
Cozium Fozisfacere, Was where a Perfon was
condemned to be whipped; which was anciently
the Punishment of a Servant. Si quis Corium fuum
forisfaciat & ad Ecclefiam incurrat, fit ei verberatio con-
donata. Corium perdere, the fame: And Corium re-
dimere is to compound for a Whipping.
C.
and the Exporters of it fhall pay no Duty or Cu-
ftom, but be entitled to Bounty Money or a certain
Allowance for Exportation, viz. 5 s. for every Quar-
ter of Wheat, 2 s. 6 d. for Barley, c. 3 Car. 1. 12.
15 & 22 Car. 2. 2 W. & M. &c. The Transporta-
tion of Corn to foreign Parts, was prohibited by
8 Ann. c. 2. See 2 Geo. 2. cap. 18. A Cuſtom Duty
Cozaage, (Coraagium) Is a Kind of extraordinary is granted on foreign Corn imported; to be paid ac-
Impofition, growing upon fome unufual Occafion, cording to the Price of English Corn, and no foreign
and feems to be of certain Meaſures of Corn: For Corn fhall be tranfported from one Port of Great
Corus tritici is a Meaſure of Wheat. Bract. lib. 2. c.
Eritain to another, on Pain of Forfeiture, and 20s.
116. Numb. 6. Who in the fame Chapter Numb. S. a Bufhel. Stat. 5 Geo. 2. cap. 1 2. If any Perfon ufe
hath theſe Words.
Sunt etiam quædam commu-
Violence on another Perfon to hinder him from
nes Praftationes, qua fervitia non dicuntur, nec de Confue- buying, or carrying Corn to any Sea-port Town to
tudine veniunt, nifi cum neceffitas intervenerit, vel cum be rranfported, c. he fhall be imprisoned by two
Rex venerit; ficut funt Hidagia, Coraagia & Carva. Juftices, not exceeding three Months, and be pub-
gia, &c. alia plura de neceffitate, & ex confenfu com-lickly whipped, &c. and committing a fecond Of
muni totius Regni introducta, &c. Blount.
Coracle, A fmall Boat ufed by fishermen on
fome Parts of the River Severn, made of an oval
Form, of ſplit Sally Twigs interwoven, and on that
Part next the Water covered with Leather, in which
one Man being feated in the Middle, will row him-
ſelf ſwiftly with one Hand, while with the other he
manages his Net or Fish-Tackle; and coming off the
Water, he will take the light Veffel on his Back,
and carry it home. This Boat is of the fame Na-
ture of the Indian Canoos; though not of the fame
Form, or employed to the like Üfe.
Cozam non Judice, Is when a Caufe is brought
fence, or deftroying Granaries, or Corn in any Boat
or Veffel, to be adjudged a Felon, and tranfported
for feven Years: And the Hundred to make good
the Damage, if not above 100. as in Cafes of
Robbery; where any Offender is not apprehended
and convicted within twelve Months, but Notice
must be given to the Conftable in two Days, Exc.
by 11 Geo. 2. c. 22. This Stature is of little Ufe; for
no Sort of Corn, Meal, Flour, Bread Buifcuir, Beef,
&c. may now be exported, on Pain of forfeiting 20 s.
for every Buthel of Grain, and 12 d. every Pound
Weight of Bread, . But his Majefty before a
certain Time may permit the Exportation of Corn
2
by
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by Proclamation, and Notice in the Gazette. Stat.
14 Geo. 2. c. 3.
Cozodio Habendo, A Writ to exact a Corody of an
Abbey or Religious Houfe. Reg. Orig. 264.
Cornage, (Cornagium, from the Lat. Cornu) a Horn, Cozona Mala, or Mala Cozona, The Clergy
Was a Kind of Tenure in Grand Serjeanty;, the who abufed their Character, were formerly fo cal-
Service of which was to blow a Horn when any In-led. Blount.
vafion of the Scots was perceived: And by this Te- Cozonare Filium, To make one's Son a Prieft.
nure many Perfons held their Lands Northward, Anciently, Lords of Manors, whofe Tenants held
about the Wall commonly called the Pits Wall. by Villenage, did prohibit them Coronare Filios, left
Camd. Britan. 609. This old Service of Horn-blow-fuch Lords fhould lofe a Villein by their entering
ing was afterwards paid in Money, and the Sheriffs into Holy Orders: For Ordination changed their
accounted for it under the Title of Cornagium. Condition, and gave them Liberty, to the Prejudice
Memorandum quod cum vicecomes Cambriæ federet com of the Lord, who could before claim them as his
potum ad Scaccarium apud Salop, idem vicecomes fecit Natives or born Servants.- Homo Coronatus Was
Tallagium fub nomine fuo lx. lib. tam de Cornagio, one who had received the firft Tonfure, as prepara-
quam de aliis debitis. Mem. in Scacc. 6 Ed. 1. Sirtory to fuperior Orders; and the Tonfure was in
Edward Coke in his firft Inftitute, pag. 107. fays Cor- Form of a Corona, or Crown of Thorns. Cowel.
nage is alfo called in the old Books Horngeld; but Cozonatoze Eligendo, Is a Writ which lies on
they ſeem to differ much. See Horngeld.
the Death or Difcharge of any Coroner, directed
Coznare, To blow in the Horn. Faciat Cor- to the Sheriff out of the Chancery, to call together
nare ne videatur furtive facere. Mat. Parif. pag. the Freeholders of the County, for the Choice of
a new Coroner; and to certify into the Chancery
Cornwall, A Royal Dutchy belonging to the both the Election, and the Name of the Party e-
Prince of Wales, abounding with Mines, and having lected, and alfo to give him his Oath, &c. Reg. O-
Stannary Courts, &c. It yields a great Revenue to rig. 177. F. N. B. 163. There are ufually four
the Prince; and how Leafes are to be made of Lands Coroners in a County, in fome Counties fewer,
in the Dutchy of Cornwall, for three Lives, or thir-
ty-one Years, under the ancient Rents, &c. See
Stat. 13 Car. 2. c. 4. and 12 Ann. c. 22.
181.
*
and in fome but one, according as the Ufage is;
and if any of them dieth, or is difcharged, then
fhall iffue this Writ; which is in this Form: The
King to the Sheriff, c. Becauſe A. B. late one of
our Coroners in your County is dead, as we have
understood; We command you, that if ſo it be,
then in your full County-Court by the Affent of the
fame County, in the Place of the faid A. B. you
caufe to be chofen another Coroner, according to
the Form of the Statute thereof fet forth and pro-
vided, who having taken his Oath, as the Manner
is, fhall thence-forward thofe Things do and keep,
which to the Office of the Coroner, belongeth in the
fame County; and fuch Perfon caufe to be choſen,
who beft fhall know, and may that Office attend,
and his Name make known to us, Witness, &c..
+
Cozody, (Corodium) Signifies a Sum of Money,
or Allowance of Meat, Drink, and Cloathing due to
the King from an Abbey, or other Houfe of Reli-
gion, whereof he was Founder, towards the Suften-
tation of ſuch a one of his Servants as he thought
fit to bestow it upon. The Difference between a
Corody and Penfion feems to be, that a Corody was al-
lowed towards the Maintenance of any of the King's
Servants in an Abbey: A Penfion is given to one of
the King's Chaplains, for his better Maintenance,
'till he may be provided of a Bencfice: And of both
thefe you may read Fitz. Nat. Br. fol. 250. where are
fet down all the Corodies and Penfions that our Ab
beys, when they were ftanding, were obliged to pay Cozonatoze eponerando, Is a Writ for the Diſ-
to the King. Corody is ancient in our Laws: And it charge of a Coroner, for Negligence, or Infuffici-
is mentioned in Staundf. Prarog. 44. And by the Statency in the Diſcharge of his Duty: And where Co-
of Weftm. 2. c. 25. it is ordained, that an Affife fhall roners are fo far ingaged in any other publick Bu-
lie for a Corody It is alfo apparent by 3435 H finefs, that they cannot attend the Office; or if
8. cap. 26. that Corodies belonged fometimes to Bithey are difabled by old Age or Difeafe, to exe-
fhops, and Noblemen, from Monafteries: And in cute it; or have not fufficient Lands, &c. they may
the New Terms of Law, it is faid that a Corody may be difcharged by this Writ. 2 Inft. 32. 2 Hawk. P. Č.
be due to a common Perfon, by Grant from one to 44 But if any fuch Writ be grounded on an un-
another; or of common Right to him that is Foun-true Suggeftion, the Coroner may procure a Com-
der of a Religious Houfe, not holden in Frank Al-miffion from the Chancery to inquire thereof; and
moine; for that Tenure was a Difcharge of all Co- if the Suggeftion, be difproved, the King may make
rodies in itfelf: By this Book it likewife appears, a Superfedeas to the Sheriff, that he do not remove
that a Corody is either certain or uncertain, and the Coroner; or if he have removed him, that he
may be not only for Life or Years, but in Fee.fuffer him to execute the Office. Reg. Orig. 177.
Terms de Ley 182. 2 Inft. 630. In the Monafticon An- 178. F. N. B. 164.
glicanum, there is recorded the following Grant of a
Corody.
S
Form of a Grant of a Corody.
►
Cozoner, (Coronator, a Corona) Is an ancient Offi
cer of this Realm. Mention being made of him in
King Athelstan's Charter to Beverly, Anno 925. and
is fo called, becauſe he deals wholly for the King
and Crown. This Officer by the Statute of Westm.
Ciant, &c. quod nos Radulphus Abbas Monafterii cap. 10. ought to be a fufficient Perfon, that is the
Sti. Johannis de Haghmon & ejufdem Loci Conven- wifeft and difcreetelt Knight, that beft would and
tus, ad inftantiam & Speciale rogatum Excellentiffimi & might attend upon fuch an Office: And there is a
Reverendiffimi Domini noftri Thomæ Comitis Arundelie Writ in the Regifter, Nifi fit Miles, &c. whereby it
Surreia, Dedimus, &c. Roberto Lee unum Corodi- appears it was good Caule to remove a Coroner cho-
um pro termino vita fua, eſſendo cum Abbate Monafte- fen, if he were not a Knight, and had not an hun-
rii prædi&i Armigerum cum uno Garcione & duobus E-dred Shillings Rent of Freehold. Coroners, are to
quis; capiendo ibidem Efculenta & poculenta fufficientia be Men of good Ability, and have Lands in Fee in
pro feipfo, ficut Armigeri Abbatis, qui pro tempore fue- the County where chofen, to answer all People:
vint, capiunt & percipiunt; & pro Garcione fuo, ficut And if infufficient, the County fhall anfwer for
Garciones Abbatis & Armigerorum fuorum capiunt & per
cipiunt; capiendo etiam pro Equis fuis fœnum & pra-
bendam. Et quod idem Robertus habeat veftram
Armigerorum, &c. Dat. 3 Hen. 5. Mon. Angl. Tom. 2.
pag. 933.
7
them. 2 Inft. 174. The Lord Chief Juftice of the
King's Bench, is the Sovereign Coroner of the whole
Kingdom in Perfon wherefoever he is. 4 Rep. 37.
There are alfo fpecial Coroners, within divers Liber-
ties, as well as the ordinary Officers in every
Bb b
County;
J
}.
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CO
1
102.
-
1
When
.
County as the Coroner of the Verge, which is a cer- five neighbouring Towns, to make Inquiry upon
tain Compafs about the King's Court; who is like View of the Body; and the Coroner and jury are to
wife called Coroner of the King's Houfe. Cromp. Jurifd. inquire into the Manner of Killing, and all Circum-
And fome Corporations and Colleges are li- ftances that occafioned the Party's Death, who were
cenfed by Charter to appoint their Coroners within prefent, whether the dead Perfon were known,
their own Precincts. 4 Inft. 271. And for what where he lay the Night before, &c. Examine the
arifes on the High Sea, we read of Coroners appoint- Body if there be any Signs of Strangling about the
ed by the King or his Admiral. 2 Hale's Hift. P. C. Neck, or of Cords about the Members, c. Alfo
53. The Office of Coroners especially concerns the all Wounds ought to be viewed, and Enquiry made
Pleas of the Crown; and they are Confervators of with what Weapons, c. And the Coroner may fend
the Peace in the County where generally elected. his Warrant for Witneffes, and take their Exami-
Their Authority is Fudicial and Minifterial; Judi-nation in Writing; and if any appear guilty of the
cial, where one comes to a violent Death, and to Murder, he fhall enquire what Goods and Lands he
take and enter Appeals of Murder, pronounce Judg-hath, and then. the dead Body is to be buried. A
ment upon Outlawries, &c. And to enquire of Coroner may likewife commit the Perfon to Priſon
Lands and Goods, and Eſcapes of Murderers, Trea- who is by his Inquifition found Guilty of the Mur-
fure Trove, Wreck of the Sea, Deodands, &c. der; and the Witneffes are to be bound by Recog-
The Minifterial Power is where Coroners execute the nizance to appear at the next Affiles, &c.
King's Writs, on Exception to the Sheriff, as being the Jury have brought in their Verdict, the Coroner
Party to a Suit, Kin to either of the Parties, on is to inrol and return the Inquifition, whether ir be
Default of the Sheriff, &c. 4 Inft. 271. 1 Plowd. 73. brought in Murder, Manslaughter, &c. to the
And the Authority of Coroners does not determine by Justices of the next Gaol-delivery of the County, or
the Demife of the King; as that of Judges, &c. certify it into B. R. where the Murderers fhall be
doth, who act by the King's Commiffion. 2 Inft. proceeded againft. 2 Rol. Abr. 32. Upon an Inqui-
174. Where Coroners are impowered to act as Judges, fition taken before the Coroner, he must put into
as in taking an Inquifition of Death, or receiving Writing the Effect of the Evidence given to the
an Appeal of Felony, &c. The A&t of one of them, Jury before him; and bind them to appear, &c.
is of the fame Force as if they had all joined; but which is to be certified to the Court with the
after one of them has proceeded to act, the Act of Inquifition; and neglecting it fhall be fined. 1 & 2
another of them will be void: And where they are P. & M. cap. 13. 1 Lill. Abr. 327. The Word Mur-
authorized to act only minifterially, in the Execu- dragit is not neceffary in a Coroner's Inquifition; tho'
tion of a Proceſs directed to them upon the Incapa'tis in an Indictment for killing another Perfon.
city of the Sheriff, their Acts, are void if they do I Salk. 377. It is not neceffary that the Inquifition
not all join. 2 Hawk. P. C. 52. Hob. 70. So that Co. be taken in the Place where the Body was viewed.
roners as Minifters must all join; but as Judges, they 2 Hawk. 48. But a Coroner has no Authority to take
may divide. But two Coroners ought to be judges in an Inquifition of Death without a View of the Body;
Rediffeifin; and though one ferves to pronounce an and if the Inqueft be taken by him without fuch
Outlawry, the Entry ought to be in the Name of View, it is void. 2 Lev. 140. The Coroner may
all of them: And fo of all Proceffes directed to the in convenient Time take up a dead Body that hath
Coroners. Staundf. 53. Fenk. Cent. 85. If the Sheriff been buried, in Order to view it; but if it be bu-
is either Plaintiff or Defendant, or one of the Cog- ricd fo long that he can difcover nothing from the
nifees, the Writ must be directed to the Coroner. Viewing it; or if there be Danger of Infection, the
Cro. Car. 300. But the Coroner is not the Officer of Inqueft ought not to be taken by the Coroner, but by
B. R. but where the Sheriff is improper; not where Juftices of Peace, by the Teftimony of Witneffes;
there is no Sheriff; for if the Sheriff die, the Coro for none can take it on View, but the Coroner.
ner cannot execute a Writ. In Cafe of two Coro- Coron. 167, 173. If the Body is buried, the Town
ners, if one is challenged, the other may execute fhall be amerced; as it fhall be if the Body is fuf-
the Writ, &c. yet both make but one Officer: It is fered to lie fo long that it ftinks. 2 Danv. Abr. 209,
the fame of two Sheriffs of a City, &c. 1 Salk. 144. &c. Where the Body hath lain for fome Time,
A Venire facias fhall go to the Coroner, where the She that it cannot be judged how it came by its Death,
riff is a Party, or the Defendant is Servant to the that must be recorded, that at the Coming of the
Sheriff, &c. but it ought to be on principal Chal- Juftices of Affife, the Town where, &c. may be a-
lenge to the Favour. Moor 470. On Defaults of merced on Sight of the Coroner's Rolls. A Coroner
Sheriffs, Coroners are to impanel Juries, and return may find any Nufance by which the Death of a
Iffues on Juries not appearing, &c. 2 H. 5. cap. S. Man happens; and the Township fhall be amerced
As the Sheriff in his Turn might enquire of all Fe-on fuch Finding, i Nelf. Abr. 536. If one is flain in
lonies by the Common Law, faving the Death of a
Man; fo the Coroner can inquire of no Felony but
of the Death of a Perfon, and that fuper vifum Cor
foris. 4 Inft. 271. By Magna Charta, cap. 17. no She-
riff, c. or Coroner, fhall hold Pleas of the Crown:
But by Stat. Weftm. 1. 3 Ed. 1. c. 10. it is enacted,
that Coroners fhall lawfully attach and prefent Pleas
of the Crown; and that Sheriffs fhall have Coun-
ter-Rolls with the Coroners, as well of Appeals, as
of Inquefts, &c. Coroners before the Stat. Magn. Chart.
might not only receive Accufations againſt Offenders,
but might try them: But fince that Statute, they
cannot proceed fo far; and Appeals before them,
are removeable into B. R. &c. by Certiorari, dirc&
ed to the Coroners and Sheriffs, c. Though Procefs
may be awarded by the Sheriff and Coroner, or the
Coroner only, in the County-Court on Appeals, 'till
the Exigent, &c. 2 Hawk. P. C. 51. By the Sta-
tute de Officio Coronatoris, 4 Ed. 1. The Coroner is to
go to the Place where any Perfon is flain or fud
denly dead, and fhall by his Warrant to the Bailiffs,
Conftables, &c. fummon a Jury out of the four or
Bro.
the Day, and the Murderer efcapes, the Town
where done fhall be amerced, and the Coroner is to
enquire thereof on View of the Body. 3 Hen. 7. c. 1.
A Coroner may take an Indictment upon View of the
Body; as alfo an Appeal, within a Year after the
Death of one flain. Wood's Inft. 491. But a Coroner
fuper vifum Corporis, cannot make an Inquifition of
an Acceffary after the Murder; tho' he may of Ac-
ceffaries before the Fact. Moor 29. Coroners ought
to fit and enquire on the Body of every Prifoner
that dies in Prifon: They have no Jurifdiction with-
in the Verge of the King's Courts; nor of Offences
committed at Sea, or between high and low Water
Mark, when the Tide is in; though they have in
Arms and Creeks of the Sea. 3 Inft. 134. If a
Body is drowned, and cannot be found to be view
ed, the Inquifition must be taken by Juftices of
Peace, on the Examination of Witneffes, c. 5 Rep.
110. Where a Coroner's Inqueft is quafhed, he must
make a new one fuper vifum Corporis: And a Coroner
may attend and amend his Inquifition in Matters of
Form: But if he misbehaves himself, and a Me-
2
lius
СО
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the Cuftom is, to inquire after what Manner, and by
what Means the faid C. D. came to his Death, on the
Oaths of G. H. J. K. L. M. &c. (the Jury) who Say
upon their Oath, that the faid C. D. on the Day, Year,
and Place above mentioned, about Ten of the Clock in the
Forenoon on the faid Thurfday, was in the Peace of God
and our faid Sovereign Lord the now King, at M. afore-
faid, and then and there came A. B. late of, &c. Yeo-
man, and feloniously and as a Felon of our faid Lord the
King, and of his Malice forethought, on the Day, Year,
Hour, and Place above mentioned, did make an Afault
upon the faid C. D. in the faid County, and ftrike the faid
C. D. with a certain Sword (of the Price of two Shi-
lings, which the faid A. B. then and there held in his
Right Hand) upon the Right Part of his Breast, and gave
the faid C. D. one mortal Wound, of which faid Wound
the faid C. D. immediately died; and fo the faid A. B.
then and there feloniously killed and murdered the faid
D. against the Peace of our faid Lord the King, his
Crown and Dignity. And the faid Jurors further say,
upon their Oath aforesaid, that N. B. of, &c. aforesaid
was feloniously prefent with a drawn Sword, at the Time
of the faid Felony and Murder committed in Form afore
faid, that is to fay, on the faid Day, &c. in the Year,
&c. at M. in the faid County, about Ten of the Clock in
the Forenoon of the fame Day, then and there comforting,
+
Felony and Murder aforefaid, against the Peace of our
faid Sovereign Lord the King, his Crown and Dignity.
And moreover the Furors aforefaid upon their Oath fay,
that the faid A. B. and N. B. had not, nor had either of
them, any Goods or Chattels, Lands or Tenements, to
their Knowledge within the faid County, at the Time of
the Felony and Murder committed as aforefaid. In Wit
nefs, &c.
lius Inquirendum is granted upon it, that Inquifition
must be taken by the Sheriffs or Commiffioners, up-
on Affidavits, and not fuper vifum Corporis; becauſe
none but a Coroner can take Inquifition fuper vifum,
c. and he is not to be trufted again. 1 Salk. 190.
2 Danu. Abr. 210. If a Coroner hath been Guilty of
any corrupt Practice, Bribery, &c. in taking the
Inquifition, a Melius Inquirendum may be awarded
for taking a new one by fpecial Commiffioners, &c.
Coroners concealing Felonies, &c. are to be fined,
and fuffer one Year's Imprifonment. 3 Ed. 1. cap. 9.
Alfo for Mifmanagement in the Coroner, Filing the
Inquifition may be ftopped. 1 Mod 82. A Coroner's
Inquifition is not traverfable: If it be found before
the Coroner fuper vifum Corporis, that one was Felo de
fe, the Executors or Adminiftrators of the Deceafed,
it is faid, cannot traverle it. 3 Inft. 55. But it has
been held that the Inqueft being moved into B. R.
by Certiorari, may be there traverſed by the Execu-C.
tor or Adminiſtrator of the Deceaſed. 2 Hawk, 54.
And it hath been adjudged, that the Inquifition of
Felo de fe is traverfable; though Fugam fecit is not.
2 Leon. 152. A Coroner's Inquifition being final, the
Coroner ought to hear Counfel, and Evidence on
both Sides. 2 Sid. 90, 101. The Coroner must admit
Evidence, as well against the King's Intereft as for
it; but it hath been held, that if a Perſon be kil-abetting and aiding the faid A. B. to do and commit the
led by another, and it is certainly known that he
did it, the Coroner's Jury are to hear the Evidence
only for the King: And inquire whether the Kil-
ling were by Malice, or without Malice, &c. Per
Hale C. J. Where a Coroner would not admit of
Evidence against the King, to prove a Felo de fe to
be Non compos Mentis, his Inquifition was fet afide;
and a new Inquifition taken, whereby it was found
that the Party was Non compos. 2 Hale's Hift. P. C.
60. If there be an Inquifition of Manflaughter or
Murder, and alfo an Indictment by the Grand Jury
againſt one, and he is arraigned, and found Not
Guilty on the Indictment; here it is neceffary to
quafh the Coroner's Inquifition, or to arraign the
Party upon it, and acquit him on that alfo: For
otherwife it ftands as a Record againſt him, where-
on he may poffibly be outlawed. 2 Hale 65. And
where a Perfon found Guilty by the Coroner's In-
queft, pleads, and is acquitted by the Petit Jury;
they must give in who it was that killed the Man,
which ferves as an Indictment against that other
Perfon, and if they cannot tell who, they may
mention fome fictitious Name. Ibid. By the Stat.
3 Ed. 1. cap. 10. Coroners fhall demand or take nothing
for doing their Offices: And by the ancient Law of
England, none having any Office concerning the Ad-
miniftration of Juftice, could take any Fee for do-
ing his Office; and therefore this Statute was only
in Affirmance of the Common Law. By 3 Hen. 7.
cap. 1. upon an Inquifition taken on View of the
Body, the Coroner fhall have 135. 4d. Fee of the
Goods of the Murderer; and if he be gone, out of
the Amercement of the Town for the Elcape. Tho'
the 1 H. 8. c. 7. enacts that where a Perfon is flain
by Mifadventure, the Coroner is to take no Fee, on
Pain of 40s. Juftices of Affife and of Peace have
Power to enquire of and punish Extortions of Coro-by the Oaths of Twelve or more of the Yeomen Officers of
and alfo their Defaults. Stat. Ibid.
ners,
Wilts, ff.
·
A Coroner's Inquifition for Murder.
A ²
N Inquifition indented, taken at M. in
the faid County, before me E. F. one of
the Coroners of our Sovereign Lord the King for the
County aforefaid, on Thurfday the Day, &c. in the
Year of the Reign, &c. upon View of the Body of C. D.
(then and there lying dead) being feloniously murdered at
M. aforefaid, upon the Oath of honest and lawful Men of
the faid Town of M. and three others of the next Towns,
that is to fay, &c. (naming three other Places) as
Cozoner of the king's Houthold, Hath an ex-
empt. Jurfdiction within the Verge, and the Coroner
of the County cannot intermeddle within it; as the
Coroner of the King's Houfe may not intermeddle with
in the County out of the Verge. 2 Hawk 45. If an
Inquifition be found before the Coroner of the County,
and the Coroner of the Verge, where the Homicide
was committed in the County, and it ſo entered
and certified, it will be Error. 4 Rep. 45. But if
a Murder be committed within the Verge, and the
King removes before any Indictment taken by the
Coroner of the King's Houfbold; the Coroner of the
County, and the Coroner of the King's Houfe fhall en-
quire of the fame: And according to Sir Edw. Coke,
the Coroner of the County might enquire thereof at
the Common Law. 2 Hawk. 45. 2 Inft. 550. If the
fame Perfon be Coroner of the County, and alfo of
the King's House, an Indictment of Death taken be-
fore him as Coroner, both of the King's House, and of
the County, is good. 4 Rep. 46. 2 Inft. 134. By the
Star. 33 H S. 12. Par. 1 & 3. It is ordained, "That
all Inquifitions upon the View of Perfons flain, within any
of the King's Palaces or Houses, or any other Houfe or
Houfes wherein his Majesty shall happen to be abiding in
his Royal Perfon, shall be taken by the Coroner for the
Time being of the King's Houfhold, without any Af
fifting of another Coroner of any Shire within this Realm,
the King's Houthold, returned by the two Clerks Con-
trollers, the Clerks of the Check, and the Clerks Marshal,
or one of them, of the faid Houfhold, to whom the faid Co-
roner of the Houſhold ſhall direct his Precept; and the
faid Coroner fhall certify under his Seal, and the Seals of
fuch Perfons as fhall be fworn before him, all fuch Inquifi
tions before the Mafter or Lord Steward of the Houshold;
who hath the Appointment of fuch Coroner, &c.
Cozoner of London. By the Charter of King
Ed. 4. the Mayor and Commonalty of London may
grant the Office of Coroner to whom they pleafe; and
no other Coroner but he that belongs to the City,
fhall have any Power there: Alfo the Lord Mayor,
&c. may chufe two Coroners in Southwark.
When
!
any
СО
CO
Cożone, (Fr.) All Matters of the Crown, were
heretofore reduced to this Law Head or Title;
They are the Things that concern Treafon, Felony,
and divers other Offences, by the Common Law,
and by Statute; of which fome àre greater, and
others lefs, according to their Nature. Shep. Epit.
367.
Cozpozâl Dath, And how it is adminiftred. See
Oath.
•
any one is killed, or comes to an untimely Death Though a fole Corporation cannot generally take in
in London, the Coroner upon Notice fhall attend where Succeffion Goods and Chattels, &c. yet it may take
the Body is, and forth with cauſe the Beadles of the a Fee-fimple in Succeffon, by the Word Succeffors.
Ward to fummon a Jury to make the neceffary In-1 Inft. 8, 9, 46. Aggregate Corporations may take not
quiry, how fuch Perfon came by his Death? And only Goods and Chattels, but Lands in Fee fimple,
after Inquifition taken, he fhall give a Certificate without the Word Sücceffors, for the Reafon aforc-
to the Church warden, Clerk or Sexton of the Pa- mentioned. 4 Inft. 249. And Succeffion in a Body
rifh, to the Intent the Corpfe may be buried: The Politick, is as Inheritance in a Body private. If a
Coroner's Fees here formerly amounted to 25s. now Leafe for Years be made to a Bishop and his Suc-
to above double that Sum; unless the Friends of ceffors, 'tis faid his Executors fhall have it in auter
the Decealed are poor, and then he fhall execute droit; for regularly no Chattel can go in Succeffion
his Office for nothing. Cit. Lib. 46, 47. The Co in cafe of a fole Corporation, no more than if a Leaſe
roners in London and Middlefex, and in other Cities, be made to a Man and his Heirs, it can go to his
&c. may bail Felons and Prifoners in fuch Manner Heirs. 1 Inft. 46. In making Aggregate Corporations,
as hath been heretofore accuſtomed. I 2 P. & there muft be, 1. Lawful Authority. 2. Proper
M. c. 13. Sect. 6. 1 Lill. Abr. 327. What anciently Perfons to be incorporated. 3. A Name of Incor-
belonged to Coroners, you may read at large in poration. 4. A Place, without which no Corporation
Bracton, lib. 3. tract. 2. cap. 5, 6, 7 ES. Britton, cap. can be made. 5. Words fufficient in Law to make
I. and Fleta, lib. 1. c. 18.
a Corporation. 10 Rep. 29, 123. 3 Rep. 73. The Words
Incorporo, Fundo, &c. are not of Neceffity to be uſed
in making Corporations; but other Words equivalent
are fufficient: And of ancient Time, the Inhabi-
tants of a Town were incorporated, when the King
granted to them to have Guildam Mercatoriam. 2 Danu.
Abr. 214. He that gave the firft Poffeffions to the
Corporation, is the Founder. The Parishioners or
Townſmen of a Pariſh or Town; and Tenants_of
a Manor, are to fome Purpoſes a Corporation. Co. Lit.
Cożpozation, (Corporatio) Is a Body Politick or 342, 95. If the King grants Lands to the Inhabi-
Incorporate, fo called, as the Perfons are made in-tants of B. Heredibus & Succefforibus fuis, rendring
to a Body, and of Capacity to take and grant, &c. a Rent, for any Thing touching thefe Lands, this
Or it is an Affembly and Joining together of many is a Corporation; though not to other Purpoſes: Bur
into one Fellowship and Brotherhood, whereof one if the King grants Lands Inhabitantibus de B. and
is Head and Chief, and the Reft are the Body; and they be not incorporated before, if no Rent be re-
this Head and Body knit together, make the Corpo-ferved to the King, the Grant is void. 2 Danv. 214.
ration: Alſo it is conftituted of feveral Members If the King grants Hominibus de Islington to be dif
like unto the natural Body, and framed by Fiction charged of Toll, this is a good Corporation to this
of Law to endure in perpetual Succeffion. And of Intent; but not to purchase, &c. And by fpecial
Corporations fome are Sole, fome Aggregate; Sole, when Words the King may make a limited Corporation,
in one fingle Perfon, as the King, a Bifhop, Dean, or a Corporation for à fpecial Purpoſe. Ibid. London is
&c. Aggregate, which is the moft ufual confifting of a Corporation by Prefcription; but though a Corpora-
many Perfons, as Mayor and Commonalty, Dean tion may be by Prefcription, it fhall be intended
and Chapter, &c. Likewife Corporations are Spiritual that it did originally derive its Authority by Grant
or Temporal; Spiritual, of Bishops, Deans, Archdea- from the King; for the King is the Head of the
cons, Parfons, Vicars, &c. Temporal, of Mayors, Common-wealth, and all the Common-wealth, in Re-
Commonalty, Bailiffs and Burgeffes, &c. and fome fpect of him, is but as one Corporation; and all other
Corporations are of a mixt Nature, compofed of Spiritual Corporations are but Limbs of the greater Body. 1
and Temporal Perfons, fuch as Heads of Colleges Lill. Abr. 330. A Mayor and Commonalty or Corpo-
and Hoſpitals, &c. All Corporations are faid to be Ecration, cannot make another Corporation, or Commo-
clefiaftical, or Lay: And Bodies Politick or Incorpo- nalty. 1 Sid. 290. The City of London cannot make
rate may commence and be eſtabliſhed three Man-a Corporation, becauſe that can only be created by
ner of Ways, viz. by Prefcription, by Letters Patent,
or by Act of Parliament; but are most commonly by
Patent or Charter. 1 Inft. 250. 3 Inft. 202. 3 Rep. 73.
There may be a Corporation without a Head: But
where there is a Head, all A&ts ought to be by and
to the Head; nor can they fue without fuch Head;
and if he dies, nothing can be done in the Vacancy
10 Rep. 30, 32. 1 Inft. 264. If Land be given to a
Mayor and Commonalty for their Lives, they have
an Eftate by Intendment not determinable: So it is,
if a Feoffment be made of Land to a Dean and
Chapter, without Mention of Succeffors. In cale
of a fole Corporation, as Bishop, Dean, Parfon, &c.
no Chattel either in Action or Poffeffion fhall go in
Succeffion; but the Executors or Adminiftrators of
the Bishop, Parfon, &c. fhall have them: But it is
otherwife of a Corporation Aggregate, as a Dean and
Chapter, Mayor and Commonalty, and the like;
for they in Judgment of Law never die. And yet
the Cafe of the Chamberlain of London differs from
all thefe; his Succeffor may in his own Name have
Execution of a Recognizance acknowledged to his
Predeceffor for Orphanage Money; and the Reafon
is, becauſe the Corporation of the Chamberlain is
by Custom, which hath enabled the Succeffor to take
and have fuch Recognizances, Obligations, &c. that
are made to his Predeceffor. Terms de Ley 187, 188.
I.
1
the Crown; but London, or any other Corporation, may
make a Fraternity. 1 Salk. 193. A Corporation is
properly an Invefting the People of the Place with
the local Government thereof, and therefore their
Laws fhall be binding to Strangers; but a Fraternity
is fome People of a Place united together in Reſpect
of a Myftery and Bufinefs into a Company, and
their Laws and Ordinances cannot bind Strangers,
for they have not a local Power. Salk. Ibid. No
Mafters and Wardens, &. of any Mystery, or o-
ther Corporation, ſhall make any By-Laws or Ordi-
nances in Diminution of the King's Prerogative, or
against the common Profit of the People; except
the fame be approved by the Lord Chancellor, or
Chief Juftices, &c. on Pain of 401. And fuch Bodies
Corporate fhall not make any Acts or Ordinances for
the reftraining Perfons to fue in the King's Courts
for Remedy, &c. under the like Penalty. Stat. 19
H. 7. cap. 7. Ordinances made by Corporations, to be
obferved on Pain of Imprifonment, or of Forfeiture
of Goods, &c. are contrary to Mägna Charta. 2 Inft.
47, 54. But Penalties may be inflicted by By-Laws,
which may be recovered by Diftrefs or Action of
Debt: And a Cuſtom for the Lord Mayor and Al-
dermen of London, to commit a Citizen for not ac-
cepting of the Livery, &c. was held a good Cuſtom,
being for the good Government of the City. 5 Mod.
{
320.
СО
СО
:
1
320. Corporations may not, by Bond or otherwife, re- tion cannot do any Act in pais without their com-
ftrain any Apprentice, &c. from keeping Shop in mon Seal, they may do an A&t upon Record; and
the Corporation under the Penalty of 401. Stat. 28 the Reason is, becauſe they are cftopped by the
H. S. c. 5. When a Corporation is duly created, all Record to fay it is not their A&t. 1 Salk. 192. A
Incidents, as to Purchafe and Grant, fue and be fu- Promife to a Corporation is good without Deed. 2 Lev.
ed, c. are tacitly annexed to it; and altho' no 252. The Head of a Corporation aggregate may not
Power to make Laws is given by a fpecial Claufe to be charged with the A&t of his Predeceffor if it be
a Corporation, it is included by Law in the very A&t not by common Seal, or for fuch things as come to
of Incorporating. 1 Inft. 264. A new Charter doth the Ufe of the whole Body or Society. 1 And. 23,
not merge or extinguifh any of the ancient Privi-196. A Corporation may do an Act in that Capacity,
leges of the old Charter. And if an ancient Corpo- to one of themſelves in his natural Capacity; and
vation is incorporated by a new Name, yet their any Member in his natural Capacity, may perform
new Body fhall enjoy all the Privileges that the an Act to the Corporation in its politick Capacity;
old Corporation had. Raym. 439. 4 Rep. 37. There And fo they may fue one another, in their diftin&
are ufually granted in Charters to Corporations, divers Capacities. I Shep, Abr. 436. Trefpafs for an Affault
Franchiſes; as Felons Goods, Waifs, Eftrays, Trea-and Battery, &c. will not lie against a Corporation ;
fure Trove, Deodands, Courts, and Cognifance of but it must be brought against the Perfons that do
Pleas, Fairs, Markets, Affife of Bread and Beer, the Trefpafs by their proper Names: Though if
Exc. 4 Rep. 65. Actions arifing in Corporations, may the Beafts of the Corporation trefpafs a Man in his
be tried in the Corporation Courts; but if they try Ground, Action of Trefpafs lies against them for
Actions which arife not within their Jurifdictions, this: Procefs of Outlawry will not lie against a Cor-
and encroach upon the Common Law, they ſhall be poration; not Capias or Exigent, but Diſtreſs. 22 Aſſ.
punished for it. Lutw. 1571, 1572. The Corporation 67. 39 E. 3. 13. 21 Ed. 4. A Corporation cannot fue,
of the City of London is to anſwer for all particular or appear in Perfon, but by Attorney: They cannot
Mifdemeanors, which are committed in any of the commit Treafon or Felony, or be excommunicate,
Courts of Justice within the City; and for all other c. They may not be Executors, or Adminiftra-
general Misdemeanors committed within the City tors, be Jointenants, Trustees, &c. Nor fhall the
So 'tis conceived of all other Corporations. 1 Lill. Abr. Members of a Corporation be regularly Witneffes for
329. If a common Officer of a Town doth any the Corporation. 10 Rep. 32. 11 Rep. 98. 1 Inft. 134.
Thing for their common Ufe, it is reaſonable the But they may be disfranchifed, and then be Wit-
Corporate Town fhall be anfwerable for it. 1 Leon.neffes; though not furrender by Confent. Attach-
215. A Corporation may be diffolved, for it is crea- ment doth not lic against a Corporation. Raym. 152.
ted upon a Truft; and if that be broken 'tis forfeit Corporations may have Power not only to infranchiſe
ed. 4 Mod. 58. Corporations are diffolved by Forfei- Freemen, but to disfranchiſe a Member, and deprive
ture of their Charter, Mifufer, &c. upon the Writ him of his Freedom; if he doth any A&t to the
Quo Warranto brought; by Surrender, or by A&t of Prejudice of the Body, or contrary to his Oath,
Parliament: And if they neglect to choofe Officers, &c. Though for confpiring to do any Thing con-
or make falfe Elections, &c. it is a Forfeiture of the trary to his Duty; or for Words of Contempt a-
Corporation. 4 Rep. 77. But by Statute 11 Geo. 1. c. 4. gainft the Chief Officers, he may not be disfranchi-
no Corporation fhall be diffolved, for any Default to fed, but may be committed till he find Sureties
chufe a Mayor, &c. but the Ele&ors are ftill to pro- for his good Behaviour. 11 Rep. 98. 5 Mod. 257. A
ceed to Election; and if no Election be made, the Corporation cannot disfranchife for Breach of a By-
Court of King's Bench fhall iſſue a Mandamus re- Law. 1 Lill. 331
Law. 1 Lill. 331. And one wrongfully disfranchi-
quiring the Ele&tors to choofe fuch Mayor, &c. By fed, may be restored, and have his Remedy by
2 Ann. c. 20. where Perfons intrude into the Office Mandamus, &c. in B. R. An Alderman or Frec-
of Mayor, &c. of a Corporation, a Quo Warranto fhall man of a Corporation, cannot be removed from his
be brought against the Ufurpers, who fhall be out- Freedom or Place without good Caufe, and a Cu-
ed, and fined; And none are to execute an Office ftom to remove them ad Libitum is void, becauſe
in a Corporation for more than a Year. No Perfons the Party hath a Freehold therein. Cro. Fac. 540.
fhall bear Office in any Corporation, &c. but fuch as A Perfon may be bound to the good Behaviour for
have received the Sacrament of the Church, and Words fpoke againft Mayors, c. but he may not
taken the Oaths. Stat. 13 Car. 2. c. 1. But fee the be indicted for it: And if Justices of a Corporation
Stat. 5 Geo. I. c. 6. confirming Officers in Corporations. deny to do Right, it is a Forfeiture of their Ex-
1.
In Aas done by Corporations, the Confent of the ma-emption from the Inquiry of the Juftices of the
jor Part fhall be binding, by 33 H. 8. cap. 27. Grants County. Mod. Caf. 125, 164. Head Officers of Cor-
of Corporations are to be by Deed, under their com-porations are to redrefs Abufes of Merchant-Stran-
mon Seal, and are good without Delivery; for the gers, &c. or the Franchiſe fhall be feifed, Stat. 9
common Seal gives Perfection to Corporation Deeds. Eliz. 3. Sect. 1. and have Authority in many Cafes
Dav. 44.
An Obligation fealed with the common by Statute; for which fee Mayors. No Strangers
Seal of a Corporation, if the Mayor figns it, he is fhall fell by retail any Woollen or Linen Cloth, or
fuable if the Corporation be diffolved: But if two of Mercery Wares, in Corporate Towns, except at
the Members fign it, the particular Perfons are not Fairs, on Pain of Forfeiture, &c. But fuch Perfons
bound by it. 2 Lev 137. Raym. 152. A Releaſe of may fell Wares by Wholeſale, and Cloth of their
a Mayor for any Sum of Money due to the Corpora- own making by Retail. 1 & 2 P. & M. cap. 7. Bo-
tion, made in his own Name, is not good in Law; dies Politick Ecclefiaftical may make Leafes for
the Corporation must join and do it by their common three Lives, or twenty-one Years, under the Rettric-
Scal. Terms de Ley. A Corporation which hath a Head, tions in the Acts 1 & 13 Eliz. &c. If Land is gi-
may make a perfonal Command without Writing; ven in Fee to a Dean and Chapter, or to a Mayor
but a Corporation aggregate without a Head cannot. and Commonalty, &c. and after fuch Body Politick
Lutw. 1497. A Corporation aggregate may employ or Incorporate is diffolved, the Donor fhall have the
any one in ordinary Services, without Deed; tho' Land again, and not the Lord by Efcheat. 1 Inft.
not to appear for them, in any A&t which concerns 31.
their Intereſt or Title. 1 Ventr. 47, 48. Such a´ Cor-
poration may appoint a Bailiff to take a Diftrefs,
without Deed or Warrant. 1 Salk. 191. But cannot
without Deed command a Bailiff to enter into Lands
for a Condition broken; for fuch Command with-
out Deed is void. Cro. 815. Though a Corpora-
Corporeal Inheritance, In Houfes, Lands, &c.
Vide Inheritance.
Corpus Chrifti Day, Is a Feaft inftituted in the
Year 1264. in Honour of the bleffed Sacrament: To
which alſo a College in Oxford is dedicated. It is
mentioned in the Stat. 32 Hen. 8. cap. 21.
Сес
Corpus
1
CO
CO
Cozpus cum Caufa, Is a Writ iffuing out of the
Chancery, to remove both the Body and Record,
touching the Caufe of any Man lying in Execution
upon a Judgment for Debt, into the King's Bench,
&c. there to lie till he have fatisfied the Judgment.
F. N. B. 251. See Habeas Corpus.
Cozrector of the Staple, Is a Clerk belonging to
the Staple, that writeth and recordeth the Bargains
of Merchants there made. 27 Ed. 3. Stat. 2. cap.
22 Cys 23.
Corredium and Conredium, The fame with Corro-
dium. See Corody.
Corruption of
any
-
Guard of the Soldiers placed behind, who were
more flightly armed for their speedier Advancing
and Retreating to Fire. Stat. 4 & 5 P. & M. c. 2.
Cozlepzesent, (From the Fr. Corps prefent) Is a
Word fignifying a Mortuary: And the Reafon why
it was thus term'd feems to be, that where a Mortu-
ary became due on the Death of any Man, the Beft
or fecond Beaft was, according to Cuftom, offered
or prefented to the Pricft, and carried with the Corps.
Ego Brianus de Brompton, c. Volo Corpus
meum fepeliri in Prioratu Majoris Malvernia inter Pre-
deceffores meos, & cum Corpore meo Palefridum meum
cum hernefto & Equum Summarium, cum lecto meo, &c.
In Codice MS. penes Gul. Dugdale, Mil. Sec Stat.
21 H. 8. c. 6. and Mortuary.
The
1000, (Corruptio Sanguinis) Is
au Infection growing to the State of a Man, and to
his Iffue; and is where a Perfon is attainted of
Treafon or Felony, by Means where of his Blood is Cozlned Bread, (Panis conjuratus) Ordeal Bread:
faid to be corrupted, and neither his Children, nor It was a Kind of fuperftitious Trial ufed among the
of his Blood, can be Heirs to him or any other Saxons, to purge themfelves of any Accufation, by
Anceftor: Alfo if he is of the Nobility, or a Gen- taking a Piece of Barley Bread, and eating it with
tleman, he and all his Pofterity by the Attainder folemn Oaths and Execrations, that it might prove
are rendered bafe and Ignoble. But by Pardon of Poifon, or their laft Morfel, if what they afferted
the King, the Children born afterwards may inhe- or denied were not pun&tually true. Thefe Pieces
rit the Land of their Ancestor, purchaſed at the of Bread were fift execrated by the Priest, and then
Time of the Pardon or after; and fo cannot they, offered to the fufpe&ted guilty Perfon to be ſwal-
who were born before the Pardon. Terms de Ley 189.lowed by Way of Purgation: For they believed a
If a Man that hath Land in Right of his Wife hath Perfon, if guilty, could not fwallow a Morſel ſo ac-
Iffue, and his Blood is corrupt by Attainder of Fe- curfed; or if he did, it would choak him.
lony, and the King pardons him; in this Cafe if Form was thus: We beseech Thee, O Lord, that he
the Wife dies before him, he fhall not be Tenant who is guilty of this Theft, when the Exorcifed Bread is
by the Curteſy, for the Corruption of the Blood of that offered to him in Order to discover the Truth, that his
Iffue: Though it is otherwife, if he hath Iffue after Faws may be shut, his Throat fo narrow that he
may
the Pardon; for then he fhould be Tenant by the not swallow, and that he may caft it out of his Mouth,
Curtefy, although the Iffue which he had before the and not eat it. Du Cange. The old Form, or Exor
Pardon be not inheritable. 13 Hen. 7. c. 17. A Son cifmus panis hordeacei vel cafei ad Probationem veri,
attainted of Treafon or Felony in the Life of his is extant in Lindenbrogius, pag. 107. And in the
Anceſtor, obtains the King's Pardon before the Laws of King Canute, cap. 6 Si quis altari
Death of his Anceftor, he fhall not be Heir to the miniftrantium accufetur, & amicis Deftitutus fit, cum
faid Anceſtor, but the Land fhall rather efcheat Sacramentales non habeat, vadat ad judicium quod Anglice
to the Lord of the Fee by the Corruption of Blood. dicitur Corfned, & fiat ficut Deus velit, nifi fuper
26 Aff. pl. 32 H. 8. But if a Man feifed of Lands Sanctum Corpus Domini permittatur ut fe Purget: From
hath Iffue two Sons, and the Eldeft is attainted in which it is conjectured, that Corfned Bread was ori-
the Life-time of his Father, and after the Father ginally the very Sacramental Bread, confecrated
dies feifed; the youngest Son fhall inherit the Lands and devoted by the Prieſt, and received with Solemn
as Heir unto his Father, if the eldest Son leaves.no Abjuration, and devout Expectance that it would
Iffue alive: Contra, if he hath Iffue, which fhould prove Mortal to thoſe who dared to ſwallow it with
have inherited but for the Attainder; then the a Lie in their Mouth; till at Length the Bishops
Land fhall efcheat. 1 Inft. 8, 391. Dyer 48. 3 Inft. and Clergy were afraid to prostitute the Communi-
211. If the Father of a Perfon attainted die feifed on Bread to fuch rash and conceited Ufes, when to
of an Estate of Inheritance, during his Life, no indulge the People in their fuperftitious Fancies,
younger Brother can be Heir; for the elder Bro- and idle Cuftoms, they allowed them to practice
ther though attainted, is ftill a Brother, and no o- the fame judicial Rite, in eating fome other Mor-
ther can be Heir to his Father while he is alive; fels of Bread, bleft or curft to the like Ufes. It is
but if he die before the Father, the younger Bro- recorded of the perfidious Godwin Earl of Kent, in
ther ſhall be Heir. 2 Hawk. P. C. 457. Corruption of the Time of King Edward the Confeffor, that on his
Blood from an Attainder is fo high that it cannot be Abjuring the Murder of the King's Brother, by this
abfolutely falved but by Act of Parliament; for Way of Trial, as a juft Judgment of his folemn
the King's Pardon doth not reftore the Blood fo as Perjury, the Bread ftuck in his Throat, and choak-
to make the Perfon attainted capable either of in- ed him.Cum Godwinus Comes in menfa Regis de
heriting others, or being inherited himself by any nece fui fratris impetretur, ille poft multa Sacramenta,
one born before the Pardon. 1 Inft. 391, 392. 2 tandem per Buccellam deglutiendam abjuravit, & buccella
Hawk. 458. A Statute which faves the Corruption of guftata continuo fuffocatus interiit. ·Ingulph. This
Blood, impliedly faves the Defcent of the Land to with other barbarous Ways of Purgation, was by
the Heir; and it prevents the Corruption of Blood fo Degrees abolished: Though we have till fome Re-
far: Alfo it faves the Wife's Dower, &c. But ne-membrance of this fuperftitious Cuſtom in our ufual
vertheleſs the Land fhall be forfeited for the Life Phrafes of Abjuration; as, I will take the Sacrament
of the Offender. 3 Inft. 47. 1 Hawk. 107. For Coun- upon it;
May this Bread be
my
terfeiting the Coin or Clipping, there is no Corrup-ór, May this Bit be my last, &c.
tion of Blood. Stat. 5 Eliz. cap. 11. So on Attainder Coztís, (Curtis) A Court or Yard before a Houſe.
of Piracy, &c. And in Felony by imbeziling the
And
King's Ordnance, Armour, &c. 22 Car. 2.
therefore it fhall not make any Difinheritance of
an Heir, &c. See Attainder.
A
|
Blount.
Pofon;
Coştularíum, (Curtilagium, Is alfo a Yard ad-
joining to a Country Farm. Cartul. Glafon. MS.
f. 42.
Corfelet, (Fr. in Lat. Corpufculum) Signifies a lit- Cous, A certain Corn-Meafure heaped up, from
tle Body And it is ufed with us for an Armour to the Hebr. Cora, a Hill: Eight Bushels of Wheat in
cover the Body or Trunk of a Man, wherewith a Heap, making a Quarter, are of the Shape of a
Pike men commonly fet in the Front and Flanks of, little Hill; and probably a Corus of Wheat was
the Battle were formerly armed, for the better Re-eight Bufhels; for we read in Bracton, Decem Coros
fiſtance of the Affaults of the Enemy, and the furer tritici five derem Quarteria. Bra&t. lib. 2. c. 6.
i
Cofouna,
4
J
СО
Cofduna, An ancient Word for Cuftom or Tri-
bute. Mon. Angl. Tom. I. p. 562.
CO
tions, Actions of Trefpafs, Affault and Battery, Ac
tions on the Cafe for Words, &c. if the Debt or
Damage amount not to 40s. or the Judge do not
certify that the Battery was fufficiently proved,
Cofenage, (Fr. Confinage, i. c. Kindred, Coufin-
fhip) Is uled for a Writ that lies where the Trefail,
that is, the Father of the Befail, or Great Grandfa-c. no more Cofts fhall be allowed than Damages.
ther, being feifed of Lands and Tenements in Fee
at his Death, and a Stranger enters upon the Heir
and abates; then fhall his Heir have his Writ of
Cofenage. Brit. c. 89. F. N. B. 221. A Man fhall not
have a Writ of Cofenage of the Seifin of his Great
Grandfather, but shall be put to his Writ of Befail:
And if a Perfon may have a Writ of diel, he fhall
not bring a Writ of Cofenage. Alfo on the Death of
an Uncle, Writ of Cofenage doth not lie, becaufe
Afife of Mort d'Ancestor may be had of his Scifin:
And Cofenage lies not between Privies in Blood,
no more than Affife of Mort d'Anceſtor, but the Par-
ty must bring Nuper Obiit. New Nat. Br. 492. In
Writs of Cofenage, Aiel and Befail, the Tenant's An-
ſwer that the Plaintiff is not next Heir, of the fame
Ancestor by whofe Death he demandeth his Lands,
fhall be admitted and enquired; and according to
the fame Inquifition, the Juftices fhall proceed to
Judgment.. Stat. 13 Ed. 3. c. 20.
G
Form of a Writ of Cofenage.
EORGE the Second, &c. To the Sheriff of
S. Greeting: Command A. B. that juftly, &c. he
render to C. D. one Meffuage with the Appurtenances in
M. of which E. D. Cousin of the faid C. D. whofe Heir
he is, was feifed in his Demefne as of Fee, the Day that
he died, as 'tis ſaid, and unleſs, &c.
Cofening, Is an Offence where any Thing is
done decitfully, whether belonging to Contracts or
not, which cannot be properly termed by any fpe-
cial Name. Weft. Symb. pag. 2. Sect. 68,
43 Eliz. c. 6. 21 Jac. I. c. 16. 22 & 23 Car. 2.
Where feveral are made Defendants in Action of
Trefpafs, Affault, &c. and one or more is acquitted,
all of them fhall have Cofts; unless the Judge cer-
tify there was reafonable Caufe for making them
Defendants. 8 & 9 W. 3. cap. 11. In an Action of
Trefpafs removed out of an inferior Court into B. R.
by Habeas Corpus, the Plaintiff fhall have full Cofts,
tho' the Damages are under 40s. And fo it has been
held in Action of the Cafe for Words, where fpecial
Damage is received, &c. 1 Ld. Raym. 395. 2 Raym.
1588. On a Judgment on Demurrer upon a Plea in
Abatement, Cofts are not allowed; they are given
only where the Merits of the Caufe are determined
on the Demurrer. Ibid. 992. No Cofts fhall be al-
lowed the Defendant where the Suit is commenced
for the Ufe of the King. 24 H. 8. cap. S. And Cofts
are not awarded against Executors or Adminiftra-
tors. Ibid. Nor for or againſt one that fues in For-
ma Pauperis. Though it has been adjudged that the
King fhall pay Costs for an Amendment; but not for
not going to Trial, &c. 1 Salk. 193. And if Execu-
tors bring an A&tion in their own Right, as for Con-
verfion or Trefpafs, &c. in their own Time, and a
Verdict pass against them, they fhall pay Cofts. 2
Danv. Abr. 224. Alfo if a Plaintiff being admitted
in Forma Pauperis, be afterward nonfuited, the ufual
Courfe is to tax Cofts, and if not paid, to punish the
Plaintiff by Whipping; but it is in the Difcretion of
the Court to spare both. 2 Sid. 261. Where a Pauper
Plaintiff has a Decree to recover with Cofts; he ſhall
be allowed no more than he is out of Pocket. Preced.
Canc. 219. An Executor, Defendant in Equity pays.
no Cofts; tho' at Law it's faid he does in all Cafes.
Abr. Caf. Eq. 125. An Heir at Law, fuing for the
Family Eftate, where he fhall not pay Costs,
fee 1 Peer Williams 482. When there is a Fault
in the Original Writ, if a Plaintiff be afterwards
nonfuit, 'tis faid he fhall pay no Cofts; becauſe
when the Original is abated, it is as if no Suit had
been between the Parties. I Leon. 105. I Nelf
Abr. 547. If a Sum certain is given to a Stranger:
by Statute, as where 'tis given to the Profecutor, he
fhall have no Cofts, as he had no Right of Action
till he commenced it; fo in popular Actions, whe-
ther the Penalty is certain or not, there shall be no
Cofts. 1 Salk. 206. 1 Lutw. 201. Where Cofts are al-
lowed, it is not neceffary that the Jury fhould give
the Cofts; but they may leave it to the Court to do
it, who are beft able to judge of what Cofts are fit-
Colts, Are Expenfa Litis, recovered by the Plain-ting to be given. 23 Car. B. R. It is the Courſe of
tiff in a Suit, together with his Damages; And if the Court of B. R. to refer the Taxing of the Costs
the Plaintiff be nonfuit, or overthrown by lawful to the Secondary of the Office, and not to make any
Trial in any Action, the Defendant fhall have fpecial Rules for fuch Matters; except it be in ex-
Coſts. 4 Fac. 1. cap. 3. Alfo putting off Trials, in-traordinary Cafes. 1 Lill. Abr. 338. If at a Trial
fufficient Pleas, &c. on their Amendment, are lia- Evidence be given, and the Jury charg'd and ready
ble to Cofts: But it has been held Cofts ought not to to give their Verdict, but the Plaintiff becomes non-
be paid for the putting off a Trial, where no Fault fuited, on which the Jury depart without affeffing
was in the Party against whom it is moved; for Cofts Cofts and Damages, they fhall be affefs'd by a Writ
are only to be paid by fuch Perfons which by their of Enquiry, &c. Skin. 595. Attachment lies where,
Occafion have caufed the other Party to have been Cofts are refufed Payment: And where a Plaintiff is
at extraordinary Charges: And no Cofts fhall be al- nonfuit, Action of Debt may be brought for the
lowed for unreasonable Motions, but only for fuch Cofts; alfo the Defendant may have a Capias ad fa-
as the Party was neceffarily put unto. 1 Lill. Abr. tisfaciendum against him. 1. Nelf. Abr. 550. Where
335, 337. The Common Law doth not give Cofts in Cofts are given after a Verdi&t, the Court will top
any Cafe; but they are given by Statute: For the Proceeding in the fame Court till they are paid,
Defendant on a Writ of Error, brought to delay on Motion made: But when Cofts are given for not
Execution, if Judgment be affirmed, Cefts are algoing on to Trial, a Party may proceed, tho' they
lowed. 3 Hen. 7. c. 10. So in Actions of Wafte;
Debt upon the Statute for Tithes; in all Suits by
Sire facias, for malicious Trefpaffes, &c. 13 Car. 2.
And by fome Statutes double and treble
Cofts, and Damages, are given: But in Perfonal Ac-
Colhering. As there were many Privileges in-
herent by Right and Cuſtom, allowed in the Feudal
Laws; fo were there feveral grievous Exactions
impoſed by the Lords on their Tenants, by a Sort
or Prerogative or feignioral Authority, as to lie and
feaſt themſelves and their Followers at their Te-
nants Houfes, &c. which were called Cofbering.
Spelm, of Parliaments, MS.
Cofmus, A Word mentioned by Blount for Clean.
Coftard, Apple, whence Coftard-monger, i. e. Sel-
ler of Apples. Cartular. Abbat. Rading. MS. fol.
916.
Costera, Coast, Sca-Coaft. Richardum T. ad
Cuftodiam Coftere Maris in Com. Effex, per Literas
noftras Patentes affignavimus, Ey-c. Memor. in
Scaccar. Pafch. 24 Ed. 1.
cap. 2.
are not paid. Sid. 279. The Awarding of Cofts is al-
ways difcretionary in the Court; and in Cafe of a
great Fraud, a Perfon may be obliged to pay fuch
Cofts as fhall be afcertained by the injured Party's
Oath. 2 Vern. 123. See Damages, c.
Colts
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Colts are allow'd in Chancery, for failing to make | And four Acres of Ground holden by Copy, or for
Anſwer to a Bill exhibited; or making an infuffi- Life or Lives, or for any Number of Years, will
cient Answer: And if a firſt Anfwer be certified by
a Mafter to be infufficient, the Defendant is to pay
40s. Cifts; 3. for a fecond infufficient Anfwer; 47.
for a Third, &c. But if the Answer be reported
good, the Plaintiff fhall pay the Defendant 40s.
Cofts. An Anſwer is not to be filed, (till when it is
not reputed an Anfwer) until Cofts for Contempt in
not answering are paid. Practif. Attorn. 1 Edit. pag.
210, 212. If a Plaintiff in Chancery difmiffes his
Bill, or the Defendant; or if a Decree be obtained
for the Defendant, Cofts are allowed by Stat. 45
Ann. c. 16.
Cot, In the old Saxon fignifies Cottage, and fo
is ſtill uſed in many Parts of England.
Cotarius, A Cottager: The Cotarii, or Cottagers,
are mentioned in Domesday.
Cote and Cot. The Names of Places which be-
gin or end with thefe Words or Syllables, have the
Signification of a little Houfe or Cottage: There are
likewiſe Dove-Cotes, which are fmall Houfes or Places
for the Keeping of Doves or Pigeons. Game Law,
2 par. fol. 133, 135. Sce Pigeon-house.
1
not be fufficient to make it a lawful Cottage. 2 Inft.
737. Alfo the four Acres in Fee fimple, or Fee-
Tail, muft lie near the Cottage, and be occupied
therewith, fo long as the Cottage fhall be inhabited.
2 Roll. Abr. 139. But this Statute doth not extend
to Houfes that are Copyhold 1 Bulft. 50. The Pe-
nalty of ere&ting Cottages contrary to the Statute, is
101. for every Erection, and 40s. a Month for the
Continuance of it; which is inquirable in the Leer,
or the Offenders may be punished by Indictment
at the Quarter-Seffions of the Peace, &c. And no
Owner or Occupier of any Cottage fhall fuffer any
Inmates, or more Families than one to inhabit
therein, on Pain to forfeit to the Lord of the Leet
10s. a Month: But in Cottages built for the Poor,
more Families than one may be placed. Cottages
are oftentimes erected on the Waffe at the Charge
of Parishes, for poor impotent Perfons, by the
Church-wardens and Overfeers of the Poor, having
obtained Leave of the Lord of the Manor, in Wri
ting under Hand and Seal; but then it must be
confirm'd by the Juftices in Seffions. Mod. Just. 152.
Cottagers of new erected Cottages within the Memory
of Man, ought not to have Common in the Lord's
Coterellus. Cotarius and Coterellus, according to Wafte, tho' they have four Acres of Land laid to
Spelman and Du Frefne, are fervile Tenants: But in them. Wood's Inft. 445. Every Cottager, &c. is obli-
Domesday and other ancient MSS. there appears a ged to work towards the Repairs of the Highways,
Diftinction, as well in their Tenure and Quality, as or to hire an able Labourer to work on the Days ap-
in their Name. For the Cotarius had a free Socage-pointed by the Statute, on Pain of forfeiting I s. 6d.
Tenure, and paid a ftated Firm or Rent in Provi-
fions or Money, with fome occafional cuſtomary
Services; whereas the Coterellus feems to have held
in mere Villenage, and his Perfon, Iffue and Goods,
were diſpoſable at the Pleaſure of the Lord.
Edmund Earl of Cornwall, gave to the Bon-hommes of
Afberugge, his Manor of Chesterton and Ambrofden
una cum Villanis, Coterellis, eorum Catallis, Servitiis,
Sectis, & omnibus fuis ubicunque pertinentibus. Paroch.
Antiq. 310.
Cotellus, Coteria, Both fignify a fmall Cottage,
Houſe or Homeftall. Cowel.,
Coteswold, Is ufed for Sheep-Cotes and Sheep
feeding on Hills: From the Sax. Cote and Wold, a
Place where there is no Wood.
•
per Day. Stat. 22 Car. 2.
Cotton Library. For better fettling and pre-
ferving the Library kept in the Houfe at Westminster;
called Cotton-house, in the Name and Family of the
Cottons for the Benefit of the Publick, a Statute was
made 12 W. 3. c. 7. See Stat. 5 Ann. c. 30.
Cotuca, Coat-Armour. Ad Arma profiliunt & Milites
quidem Super Armatura Cotucas induerant, vocat.
Quarteloys. Walsingh. 114.
Cotuchans, Boors or Husbandmen, of which
Mention is made in Domesday.
Coucher, or Courcher, Signifies a Factor that
continues abroad in fome. Place or Country for
Traffick; as formerly in Gascoign, for buying of
Wines. Stat. 37 Ed. 3. cap. 16. This Word is allo
nei-ufed for the General Book wherein any Corpora-
tion, &c. regifter their particular Acts. 3 & 4 Ed.
Cotgare, A kind of refufe Wool, fo clung or
clotted together, that it cannot be pulled afunder.
By Stat. 13 R. 2. cap. 9. it is provided, that
ther Denizen or Foreigner fhall make any other
Refuſe of Wools but Cotgare and Villein.
6. c. 10.
ရွာ
Cotland and Cotfethland, Land held by a Cot- Cobenable, (Fr. Convenable, Lat. Rationabilis) Is
tager, whether in Socage or Villenage. Dimidia what is convenient or fuitable. Every of the fame
acra terra jacet ibidem inter Cotland, quam Johannes three Sorts of Goods, &c. shall be good and covenable,
Goldering tenet, ex una parte, & Cotland quam Tho-as in old Time hath been used. Stat. 31 Ed. 3. cap. 2.
mas Webbe tenet ex altera. Paroch. Antiq. 532. Covenably endowed, that is, endowed as is fitting.
See Plowd. 472.
Cotlethla, Cotletle, The little Seat or Manfion 4 H. 8. c. 12.
MS.
Cotfethus, A Cottage-holder, who by fervile
Tenure was bound to work for the Lord. Cowel.
Cotfets are the meanest Sort of Men, now term'd
Cottagers. And Cotfeti are thofe who live in Cottages.
belonging to a ſmall Farm. Ego Thomas de C. Covenant, (Conventio) Is the Confent and Agree-
Dedi Deo & Ecclefiæ Malmsbury unam Cotfetle in Cu-ment of two or more Perfons to do or not to do
lern, cum omnibus pertinentiis. Cartular. Malmsbur. fome Act or Thing, contracted between them: Alfo
it is the Declaration the Parties make, that they
will ftand to fuch Agreement, relating to Lands or
other Things; and is created by Deed in Writing,
fealed and executed by the Parties, or otherwife it
may be implied in the Contract as incident thereto.
2 Mud. Mod. Entr. 91. And if the Perfons do not
perform their Covenants, a Writ or Action of Cove-
nant is the Remedy to recover Damages for the
Breach of them. Ibid. A Covenant is generally ei-
ther in Fact, or in Law: In Fact is that which is
exprefly agreed between the Parties, and inferied
Villani vero vel Cotfeti, vel Perdingi, vel qui ſunt
bujufmodi viles, vel inopes perfonæ non funt inter legum
Fudices numerandi.. Leg. H. 1. c. 30.
Cottage, (Cotagium) Is properly a little Houfe
for Habitation, without Lands belonging to it. Stat.
4 Ed. 1. But by a later Statute, the 31 El cap. 7.
No Man may build a Cottage, unless he lay four A-in the Deed; and in Law, is that Covenant which
cres of Land thereto; except it be in Market-
Towns or Cities, or within a Mile of the Sea, or
for the Habitation of Labourers in Mines, Sailors,
Forefters, Shepherds, &c. and Cottages erected by
Order of Juftices of Peace, &c. for poor impotent
People, are excepted out of the Statute. The four
Acres of Land to make it a Cottage within this
Law, are to be Freehold, and Land of Inheritance: | venant Perſonal: A real Covenant is that whereby a
the Law intends and implies, though it be not ex-
preffed in Words; as if a Leffor demife and grant
to his Leffce a Houfe or Lands, &c. for a certain
Term, the Law will intend a Covenant on the Lef
for's Part, that the Leffee fhall during the Term
quietly enjoy the fame against all Incumbrances.
1 Inft. 384. There is alſo a Covenant Real, and Co-
4
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Man ties himſelf to pass a Thing real, as Lands or tees of Reverfions have the like Remedy by
Tenements; or to levy a Fine of Lands, &c. And A&tion of Covenant against Termors, as the Lef
Covenant perfonal, is where the fame is annexed to fors and their Heirs, . by Stat. 32 H. 8. A
the Perfon and merely perfonal; as if a Perfon Co- Perfon covenants with another, to pay him Money.
venants with another by Deed to build him a Houſe, at a Time to come, and doth not fay to his Exc-
or to fèrve him, &c. F. N. B. 145 5 Rep. 10. Cove- cutors, c. if the Covenantee die before the Day,
nants are likewiſe Inherent, that tend to the Support yet his Executors or Adminiftrators fhall have the
of the Land or Thing granted; or are collateral to Money. Dyer 112, 257. And in every Cafe where
it; and are affirmative, where fomewhat is to the Teftator is bound by a Covenant, the Executor
be performed, or negative; executed, of what is al- fhall be bound by it; if it be not determined by his
ready done, or executory: But a Covenant being to Death. 48 Ed. 3. 2. 2 Danv. 232. Affignees thall
bind a Man, to do fomething in futuro, is for the not have an Action upon Breach of any Covenant,
moft part executory. 1 Vent. 176. Dyer 112, 271, before their Time. Cro. Eliz. 863. Nor fhall an
And where a Covenant fhall be conftrued dependant Affignce be charged in a Writ of Covenant for any
upon another, and when diftinct by itself, fee Winch Breach, after the Death of the first Leffee; as it is
74 Cro. 107. Further, this Word is taken for the perfonal to the Leffee himſelf. 2 Danv. 238. If A.
folemn League and Covenant; which was a feditious feifed of Land in Fee, conveys it to B. and cove-
Confpiracy, invented in Scotland, and voted illegal nants with B. his Heirs and Affigns, to make any o
by Parliament, and Provifion is made against it, by ther Affurance upon Requeft; and after B. conveys
Stat. 14 Car. 2. cap. 4. All Covenants between Per- it to C. who conveys it to D. and then D. requires
fons must be to do what is lawful, or they will not A. to make another Affuránce, according to the
be binding; and if the Thing to be done be impof- Covenant; if he refuſes, D. fhall have Action of Co-
fible, the Covenant is void. Dyer 112. But where venant against him, as Affignce to B. Ibid. 236. A
the Thing is lawful at the Time of the Covenant Leffor made a Leafe of an Houfe for Years, excep-
made, and afterwards the Matter agreed to be done, ting two Rooms, and free Paffage to them; the
is prohibited by A&t of Parliament, yet fuch Cove- Leffee affigned the Term, and the Leffor brought
nant will be binding. 3 Mod. 39. And if a Man Covenant against the Affignce for diſturbing him in
covenants to do a Thing before a certain Time; his Paffage to thofe Rooms; and adjudged that the
and it becomes impoffible by the A&t of God, this Action lies: For the Covenant goes with the Tene-
fhall not excufe him, inafmuch as he hath bound ment, and binds the Affignee. I Salk. 196. If a
himſelf preciſely to do it. 2 Danu. Abr. 84. If a Man leafes for Years, and oufts the Leffee, he fhall
Perfon covenants exprefly to repair a Houſe, and it have Covenant againſt him. 48 Ed. 3. 2. But if, where
is burnt down by Lightning, or any other Accident, a Perfon leafes Lands for Years, a Stranger enters
yet he ought to repair it; for it was in his Power before the Leffec, fuch Leffee fhall not have an Ac-
to have provided againſt it by his Contract. Aleyn tion of Covenant upon this Oufter, becauſe he was
26, 27. `1 Lill. Abr. 349. But he is not fo bound never a Leffee in Privity to have the Action.
by Covenant in Law. Where Houfes are blown Danv. 234, A Man grants a Watercourfe, and after-
down by Tempeft, the Law excufes the Leffee in wards ftops it; for this voluntary Misfcafance, Co-
Action of Wafte; though in a Covenant to repair venant lies. I Saund. 322. Though where the Ufe
and uphold, it will not. I Plowd. 29. If a Leffee of a Thing is demifed, and it runs to decay, fo
for Years, rendring Rent, covenants for him and that the Leffee cannot have the Benefit of it, for
his Affigns to repair the Houfe, and after the Lef- this Nonfeafance no Action of Covenant lieth: Nor
fee affigns over the Term, and the Leffor accepts may Covenant be brought for a Thing which was
the Rent from the Affignee, and then the Covenant not in effe at the Making of the Leafe.
is broke; notwithstanding Acceptance of Rent 233. If one makes a Leafe for Years, reſerving
from the Affignee, Action of Covenant lies against a Rent, Action of Covenant lies for Non-payment
the firft Leffee, on his exprefs Covenant to repair of the Rent; for the Reddendum of the Rent is an
And this Perfonal Covenant cannot be transferred Agreement for Payment of it, which will make a
by the Acceptance of the Rent. 2 Danv. Abr. 240. Covenant. lbid. 230. A Leafe is made to two, and
Action of Covenant alfo lies on Covenant for Pay-one Seals the Deed, but the other doth not; if he
ment of Rent againſt ſuch Leffee; but not Action accepts the Eftate and occupies the Land, he is
of Debt after Acceptance. 3 Rep. 24. In Covenant bound to perform the Covenants for Payment of
upon a Demife, rendring Rent, the Defendant can- Rent, Reparations, and the like.
I Shep: Abr.
not fay, that Part of it was to be allowed; for this 458. Where there is an Agreement under Hand
is a Covenant againſt a Covenant. Comb. 21. There and Scal, A&tion of Covenant may be brought on it:
may be an Agreement and Covenant, only to be per- And if a Man is Party to a Deed, his Agreement
formed by the Parties themſelves; and there are to pay amounts to a Covenant, though formal Words
fome Covenants which none but the Party and his are wanting. 2 Mod. 91, 269. Action of Covenant lies
Peirs may take Advantage of, being fuch as con- on a Deed indented, or Poll: Alfo on a Bond, it
cern the Inheritance, and defcend to the Heir, as proving an Agreement. 2 Danv. 228. 1 Lill. Ábr. 346.
knit to the Eftate: Covenants in grofs go to the Exe- And if one Man covenants to pay another 201. at a
cutors, c. 1 Rol. Abr. 520. 2 Danv. 235. Not on- Day; although he may have Action of Debt for
ly Parties to Deeds, but their Executors and Ad- the 201. yet 'tis faid he may have a Writ of Cove-
miniftrators, fhall take Advantage of inherent Covenant at his Election. 2 Dano 229. It is agreed that
nants, though not named; and every Affignee of the 1. B. fhall pay to C. D. 100 1. for Lands in E. this
Land may have the Benefit of fuch Covenants: Like-is a mutual Covenant, whereon Action of Covenant
wife Executors and Affigns are bound by them, al-may be brought if C. D. will not convey. I Sid. 423.
though not named, as a Covenant to repair, &c. But where there are mutual Covenants, and the one
5 Rep. 16, 17. 1 Cro. 552. If a Man covenants with
another to do any Thing, his Heir fhall not be
bound, unless he be exprefly named: And yet
where a Leffee covenants to repair, the Heir fhall
have the Benefit of the Covenant, though not named,
becauſe it runs with the Land. 2 Lev. 92. 5 Rep. 8.
The Grantee of a Reversion may bring Action of
Covenant against a Leffee, as well in the County
where the Demife was made, as in the County
where the Lands lie. Carthew 183. And Gran-
2 Dany.
not to be performed before a precedent Covenant, in
fuch Cafe the Covenant is not fuable 'till the other
is performed: Though if the Covenants are diftin&t
and mutual, feveral Actions may be brought by and
against the Parties.
In a Covenant to pay another fo much Money, he
making him an Estate in fuch Land, &c. It has
been adjudged, that if he tender the Covenantor a
Feoffment, and offer to make Livery, he may have
Action of Covenant for the Money, as if he had
Dd d
1 Lill. Abr. 350. 2 Mod. 74.
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made a Title. 3 Salk. 107. If a Perfon covenants ment of his Bailiff, this is a good Covenant; and yet
that he hath good Right to grant, &c. and he it doth not reftrain the Power that the Leffee háth
hath no Right, it is a Breach of Covenant, for by Law to take thofe Things without Affignment:
which Action of Covenants lies. 2 Bulft. 12. Where But if a Leffee Covenants, that he will not cut any
a Man covenants that he hath Power to grant, and Timber, without the Leave or Affignment of the
that the Grantee, fhall quietly enjoy notwith-Leffor; by this he will be reftrained. Dyer 19, 115.
ftanding any claiming under him; thefe are diftin&t A Man makes a Leafe, wherein are divers Cove
Covenants, for one goes to the Title, and the other tonants to be performed by the Leffee; and after the
the Poffeffion. I Mod. 101. A Covenant for the Leffee Leffee doth Covenant that if any of the Covenants are
to enjoy againſt all Men; this extends not to tortious broken, the Leffor fhall enter upon the Land demi-
Acts and Entries, &. for which the Leffee hath his fed, and hold it till the Leffee make him Amends,
proper Remedy against the Aggreffors. Vaugh. 111, &c. it is good, and the Leffor may take Advantage
123. Where there is a Covenant to fave harmless thereof. Fitz. Coven. 3. No Duty nor Caufe of
against a certain Perfon, there the Covenantor muft Action arifes on a Covenant, 'till it is broken: And
fave the Covenantee harmleſs againſt the Entry of as to Breaches of Covenant, if a Perfon by his own
that Perfon, be it by wrong or rightful Title: Bur Act difables himself to perform a Covenant, it is a
if it be to fave harmleſs againſt all Perfons, the En-Breach thereof. 5 Rep. 21. Tho' there can be no
try and Eviction must be by lawful Title. Cro. Eliz. Covenant or Breach, where a Leafe; . is void.
213. Covenant that Lands fhall continue of fuch a Yelv. 18, 19. But here although when a Covenant
Value notwithſtanding any A&t done, or to be done, concerns the Intereft of the Leafe, as where 'tis
extendeth only to the Time of the Covenant made; for paying Rent, it is void, if the Leafe be
and 'tis faid cannot extend as well to that Time, as fo: Yet where Covenants are collateral to the
to the Time future. Ibid. 43, 479. 1 Lill. 352. A Leafe and Intereft, though that be void, the
Govenant was entered into, that Lands fettled on a Covenants may be good. Owen 136. And if a Co-
Woman for her Jointure, were of the Value of 1001. venant to do a Thing is performed in Subſtance,
per Ann. and fo fhould continue notwithſtanding any and according to the Intent, it is good, though it
A&t done by the Covenantor; in Action of Covenant differs from the Words; and on the other Hand,
for that the Lands were not of that yearly Value, although the Covenantor performs the Letter of his
adjudged that the Action did not lie, except fome Covenant, if he does any A&t to defeat the Intent
Act done by the Covenantor was the Caufe which and Ufe of it, he is guilty of a Breach. Mod. Entr.
made them not of that Value. Cro. Eliz. 43. I Nelf. Engl. In Covenant that a Perfon fhall hold Lands
Abr. 557. Where the Covenant is to do a Thing, and free from all Incumbrances, and be kept indemni-
no Time appointed for it, it must be done in conve-fied from Arrears of Rent; there till an Action is
nient Time: If it be inferted in a Deed among other brought, or Diftreſs made, he is not damnified :
Covenants, that the Leffee fhall repair, provided And a Suit in Chancery is no Breach in ſuch Cafe;
the Leffor allows Timber, &c. this will be a good but where a Jointure, or Dower is recovered, it
Covenant on both fides. 2 And. 73. Dyer 57, 150. Hob.is. Skin. 397. Moor 859. Palm. 339. If Covenants
28. But a Covenant must wait upon and join with perpetual are once broken, and an Action is brought,
the Grant; fo that if it be to make ſuch Affurance and Recovery thereon; upon a new Breach, a Scire
as fhall be reaſonably deviſed, it must be of an facias fhall be had on that Judgment, and the Plain-
Affurance as differs not from the Bargain: And tiff need not bring a new Writ of Covenant. Cro. Eliz.
when the Eftate to which a Covenant is annexed is 5. When the Intention of the Parties can be col-
at an End, the Covenant is gone. Hob. 276. 1 Leon lected out of a Deed for the doing, or not doing of
179. In an Indenture, the Word Covenant, is a the Thing, Covenant fhall be had thereupon. Chanc.
Word both of Leffor and Leffee; and therefore if the Rep. 294. A Covenant being one Part of a Deed, is
Leffce covenants to pay the Rent, this is a Referva- fubject to the general Rules of Expofition of all
tion. Tho' when there is a Covenant for a Leffee to Parts of the Deed: And in a Covenant the laft
repair, and he makes an Under-Leafe to one who Words, that are general, fhall be expounded by the
is in Poffeffion, the Under-Leffee is not liable to firft Words, which are fpecial and particular. I
that Covenant, in Law or Equity. 1 Rol. Rep. 8o. Vent. 218. Alfo a later Covenant cannot be pleaded
1 Vern. 87. 'Tis held in all Cafes. where Words in Bar to a former. When a Covenant is to two Per-
that begin any Sentence are conditional, and give fons jointly, one of them may not bring Action of
another a Remedy, they fhall not be conftrued a Covenant, or plead alone, but both muft join. 1 Nelf.
a Covenant; and yet if Words of Condition and Co-558. If a Man is bound to perform all the Cove-
venant are coupled together in the fame Sentence, nants in an Indenture, and they are all in the Af
as Provided always, and it is covenanted, &c. in that firmative, he may plead Performance generally. Co.
Cafe they may be adjudged both a Condition and Lit. 303. Covenants in the Negative must be pleaded
Covenant. March 103. There is this Difference how-fpecially. Ibid. 330. When fome Covenants are in the
ever between a Covenant and Condition; a Condition Negative, and fome in the Affirmative, the Defen-
gives Entry, and Covenant gives an an Action only.dant is to plead fpecially to the Negative Covenants,
Owen 54. A Perfon cannot have Action of Covenant that he had not done the Thing, and Performance
upon a verbal Agreement, for it cannot be ground-generally as to the Affirmative: And where the
ed without Writing, except by fpecial Cuftom. F. N. Negative Covenants are against Law, and the Af
B. 145. An Infant within Age may bind himself firmative agreeable to Law, Performance gene-
Apprentice; but neither at Common Law nor by rally may be pleaded. Moor S56. If any of the
Statute may be bound by Covenant for his Appren- Covenants are in the Disjunctive, fo that 'tis in the
ticefhip, fo as to make him liable to an Action of Election of the Covenantor to perform the one, or
Covenant if he depart, c. But Action of the Cafe the other, the Performance ought to be ſpecially
may lie upon the Covenant in Law, if he defraud his pleaded, that it may appear what Part hath been
Mafter: And by the Cuftom of London he may bind perform'd. Cro. Eliz. 23. 1 Nelf. 573. And common-
himſelf by his Covenant at 14 Years old. I Cro. 129. ly where an A&t is to be done, according to a Cove-
Winch 63. An exprefs Covenant in a Deed, will nant, he who pleads Performance ought to do it
qualify the general Covenant of Law: Tho' on a Co- fpecially. 1 Leon. 136. In Debt upon Bond for Per-
venant in Law, the Leffee cannot charge the Execu-formance of Covenants, one whereof for peaceable
tors or Adminiſtrators of the Leffor; as he may up- Enjoyment, and free from all Incumbrances, and
on an exprefs Covenant for quiet Enjoyment. Dyer another for farther Affurance, &c. the Defendant
257. See 4 Rep. 8o. If a Leffor Covenant with the fhould plead fpecially, that the Houfe was free from
Leffce that he fhall have Houſe-bote, c. by Affign-Incumbrances at the Time of the Conveyance made,
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Action; as if the Covenant be future, that in Confi-
deration of a Marriage, Lands fhall defcend or re-
main to a Son, and the Heirs of his Body on the
Body of his Wife; in this Cafe the Covenantee may
have Writ of Covenant upon the Covenant against the
Covenantor: But if a Covenant be that a Man and
his Heirs, fhall from henceforth ftand and be feifed
to fuch and fuch Ufes, and the Ufes will not arife
by Law; here no Action of Covenant lies on the Co-
venant, for this Action will never lie upon any Cove
nant but fuch as is either to do a Thing hereafter,
or where the Thing is already done, and not when
it is for a Thing prefent. Plowd. 307, 398. Finch's
Law 49.
Covert Baron, A married Woman. Stat. 27 Eliz
cap. 3.
and not charged at any Time fince, and that no far-
ther Affurance had been required, or fuch an Af
furance which he had executed, &c. yet where a
Defendant pleaded generally, in this Cafe, it was
held good. I Lutw. 603. Covenants are generally
taken moſt ſtrongly against the Covenantor, and for
the Covenantee. Plowd. 287. But it is a Rule in
Law, that where one Thing may have feveral In-
tendments, it fhall be conftrued in the most favour-
able Manner for the Covenantor. I Lut. 490. The
common Ufe of Covenants is for affuring of Land;
quiet Enjoyment free from Incumbrances; for Pay-
ment of Rent referved; and concerning Repairs,
And in Deeds of Covenant, fometimes a Claufe |
for Performance with a Penalty, is inferted in the
Body of the Deed: Other Times, and more fre-
quently Bonds for Performance, with a fufficient Coberture, (Fr.) Any Thing that covers; as Ap-
Ap..
Penalty, are given feparate; which laft being fued, parel, a Coverlet, &c. but it is by our Law par-
the Jury muft find the Penalty; but on Covenant, ticularly apply'd to the State and Condition of a
only the Damages. Wood's Inft. 250. It is held an married Woman, who is fub poteftate viri; and there-
Action of Covenant may be laid in London, for Non- fore difabled to contract with any to the Damage
payment of Rent on a Leafe of Lands in any other of herself or Husband, without his Confent and
Place. 1 Sid. 401. And if in this Action, a Sum be Privity, or his Allowance and Confirmation thereof.
miſcaft, either too little or much; it is amendable; Bract. lib. 1. c. 10. lib. 2. c. 15, &c. Bro. Abr. When
|
and not like to the Action of Debt, which if al-a Woman is married fhe is called a Feme Covert
ledged less than it is, without fhewing the Reft to and whatever is done concerning her, during the
be fatisfied, it is ill. 3 Keb. 39. 2 Cro. 247. In Marriage, is faid to be during the Coverture: All
Action of Covenant, the Plaintiff muft have Re- Things that are the Wife's, are the Husband's; nor
courfe to the Deeds or Writings, and the Circum- hath the Wife Power over her felf, but the Hus-
ftances of Time, Place, &c. and take Notice what band: And if the Husband alien the Wife's Land,
particular Covenant in the Deed it is beft to infift during the Coverture, fhe cannot gainfay it during
upon, to lay a Breach right, &c. The Words of Cove- his Life; but after his Death, the
nanting are, Covenant, Grant, Promife, and Agree, &c. by Cui in vita. Terms de. Ley 195. See Baron and
but there needs no great Exactnefs in Words to Feme.
make a Covenant.
•
may recover
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Covín, (Covina) Is a deceitful Compact between
Covenant to land leiſed of Ufes, Is when a two or more to deceive or prejudice others; as if
Man that hath a Wife, Children, Brother, Sifter, Tenant for Life or in Tail, confpires with another,
or Kindred, doth by Covenant in Writing under that he fhall recover the Land which he the Tenant
Hand and Scal agree that for their or any of their holds, in Prejudice of him in Reverfion. Plowd. 546.
Provifion or Preferment, he and his Heirs will ftand Covin is commonly converfant in and about Convey-
feifed of Land to their Ufe; either in Fee-fimple, ances of Land by Fine, Feoffment, Recovery, &c.
Fee-tail, or for Life. The Ufe being created by And then it tends to defeat Purchafers of the Lands
the Stat. 27 H. 8. c. 10, which conveyeth the Eftate they purchaſe, and Creditors of their Juſt Debts;
as the Ufes are directed; this Covenant to stand feifed and fo it is ufed in Deeds of Gift of Goods: It may
is become a Conveyance of the Land fince the faid be likewife fometimes in Suits of Law, and Judg-
Statute. The Confiderations of thefe Deeds, are ments had in them. But where ever Covin is, it
natural Affection, Marriage, &c. and the Law al- fhall never be intended, unlefs it appears and be
lows in fuch Cafes Confideration of Blood and Mar- particularly found; for Covin and Fraud though
riage, to raiſe Ufes, as well as Money and other proved, yet must be found by the Jury, or it will
valuable Confideration when a Ufe is to a Stranger. not be good. Brownl. 188. Bridgm. 112.
If one
Plowd. 302. There are no Confiderations now to make a Leafe to a Perfon by Covin, and after 70
raife Ufes upon Covenants to stand feifed, but natu- another Leafe to another bona fide, but without y
ral Love and Affection, which is for Advancement Fine or Rent; in this Cafe the fecond Leffee may
of Blood; and Confideration of Marriage, which not avoid the firft Leafe, becauſe he is not a Pur-
is the joining of the Blood and Marriage together: chafer that comes in for Money. Rep. 83. On
Other Confiderations, as Money, &c. for Land, Recovery by a good Title, there may be Covin; as
tho' the Words in the Deed are ftand feifed, yet where Tenant for Life by Affent, &c. fuffers a Re-
they are Bargains and Sales, and without Inrolment covery by Nil dicit, without making any Defence:
they raiſe no Ufc. Carter 138. Lill. Abr. 353. The And if a Man hath a rightful and juſt Cauſe of Ac-
ufual Covenant to ftand feifed to Uses need not be by tion, and of Covin and Confent fhall raife up a Te-
Deed indented and inrolled: And where a Man li- nant by Wrong against whom he may recover; the
mits his Eftate to the Ufe of his Wife for Life, this Covin doth fo fuffocate the Right, that the Recove-
imports a fufficient Confideration in itfelf: Alfo if ry, although it be upon good Title, fhall not bind.
a Perfon covenant to stand feifed to the Uſe of his Wife, Bro. Covin 47. Co. Lit. 357. 1 Shep. Abr. 365. A. is
Son, or Coufin, it will raiſe an Ufe without any Tenant for Life, Remainder in Tail to B. and a
exprefs Words of Confideration, for fufficient Con- Pracipe is brought against them as Jointenants, by
fideration appears. 7 Rep. 40. In Cafe of a Covenant | Covin between the Demandant and A. and an Anſwer
to stand feifed, fo much of the Ufe as the Owner procured for B. as Jointenant, and they join the
doth not difpofe of, remains ftill in him. 1 Ventr. Mife, and after make Default, whereby final Judg-
374. And where an Ufe is raiſed by Way of Cove-ment is given; this fhall not defeat the Efate of
nant, the Covenantor continues in Poffeffion; and B. who may bring a Writ of Difceit and ſhall be
there the Ufes limited, if they are according to
Law, fhall rife and draw the Poffeffion out of him:
But if they are not, the Poffeffion fhall remain in
him until a lawful Ufe arifeth. 1 Leon. 197. 1 Mod.
159, 160. If on a Covenant to stand feifed to Ufes, no
Ufe doth arife, yet it may be good by Way of Co-
venant and give Remedy to the Covenantce in an
restored to his Land. Roll. Abr. 621. If a Man that
has a Right to certain Lands, by Covin caufes ano-
ther to ouft the Tenant of the Land, to the Intent
to recover it from him, and he recovers according-
ly against him by Action tried; yet he shall not be
remitted to his ancient Right; but is in of the E-
ftate of him who made the Oufter; and an Affife
lics
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of.
Land is aliened, tee or Count, is an Earl, in the Law French.
|
Fr Dict.
his
Countenance,
Law
This Word feems to be uſed for
Credit or Eftimation. Old Nat. Br. 111. And in the
Stat. 1 Ed. 3. c. 4. See Contenement.
lies against him. 2 Dany. Abr. 309.
pending a Writ of Debt, by Cevin, to avoid the Ex-
tent
ercof for the Debt; the Land fo aliened fhall
be extended, when the Covin appears upon the Re-
turn of the Elegit by the Sheriff. Ibid. 311. If a Man
makes a Deed of Gift, &c. of his Goods in Counter, (Computatorium, from the Lat. Computare)
Life-time by Covin, to ouft his Creditors of their Is the Name of two Prifons in London, the Poultry-
Debts, after his Death the Donee or Vendee hall Counter, and Woodstreet: Counter, for the Ufe of the
be charged for them. 13 H. 4. And if Goods are City, to confine Debtors, Peace-breakers, &c. where-
fold in Marker overt by Covin, on Purpofe to bar in if any enter, he is like to account before he gets
him that hath Right, this fhall not bar him there-out. Cowel.
2 Inft. 713.
Counterfeits. Perfons obtaining any Money,
Council. In the City of London, there are Com-Goods, &c. by Counterfeit Letters or falfe Tokens,
mon Council-men chofen in every Ward at a Court being convicted before Juftices of Affife, or Juftices
of Wardmore held by the Aldermen of the refpec. of Peace, are to fuffer fuch Punishment as thall be
tive Wards on St. Thomas's Day yearly: They are thought fit, under Death; as Imprifonment, Pillo-
to be cliofen out of the moft fufficient Men; andry, &c. Stat. 33 H. 8. cap. 1. It was the Opinion of
fworn to give true Council for the common Profit of Sir Edward Coke, that upon this Statute the Offender
the City, &c. Lex Londinen. 117. In the Court of could not be fined; and that only corporal Pains
Common Council, are made Laws for Advancement of ought to be inflicted: But it hath been otherwiſe
Trade; and Committees yearly appointed, &c. But adjudg'd in Terry's Cafe, who by a falfe Note in the
Acts made by them, are to have the Affent of the Name of another obtain'd into his Hands a Wedge
Lord Mayor and Aldermen, by Stat. 11 Geo. 1: of Silver, of the Value of two hundred Pounds;
Counsellor, (Confiliarius) Is a Perfon retained by and on Conviction thereof, was fentenced to ſtand
a Client to plead his Caufe in a Court of Judica- in the Pillory, pay a Fine of five hundred Pounds
ture. A Counsellor at Law hath a Privilege to en. to the King, and be imprifoned during the King's
force any Thing which is informed him by his Cli- Pleaſure. Cro. Car. 407. The Obtaining of Money
ent, if pertinent to the Matter, and is not to exa-from one Man to another's Ufe, upon a falfe Pre-
mine whether it be true or falfe; for it is at the
Peril of him who informs him. Cro. Fac. 90. But
after the Court hath delivered their Opinions of
the Matter in Law depending before them, the
Counfel at the Bar are not to urge any Thing further
in that Cauſe. 1 Lill. Abr. 355. It has been held
that the King's Counsel ought not to be admitted to
argue any Caufe against the King; tho' this was
oppos'd by Serjeant Maynard. Hill. 21 Car. 2.1 Mod.
38. A Counsellor must not fet his Hand to a frivolous Countermand, Is where a Thing formerly exe-
Plea, to delay a Trial; which argues Ignorance or cuted, is afterwards by fome Act or Ceremony
foul Practice. Ibid. And as Counsellors have a fpeci- made void by the Party that firſt did it. And it is
al Privilege to practice the Law, they are punisha- either actual by Deed, or implied: Actual, wherc
ble by Attachment, &c. for Misbehaviour. 1 Hawka Power to execute any Authority, &c. is by a
P. C. 157. No Recufant Convict, or Nonjuror, fhall formal Writing for that very Purpofe put off for a
practice the Law, as a Counsellor, or otherwife, un-Time, or made void: And implied is where a Man
der Penalties, by Stat. 3 Fac. 1. c. 5. 13 14 W.3.
с. б.
tence of having a Meffage and verbal Order to
that Purpofe, is not punishable by criminal Profe-
cution; it depending on a bare naked Lie, againſt
which common Prudence and Caution may be a
Security. 6 Mod. 105. 1 Hawk. P. C. 188. Counter-
feiting the King's Seal, or Money, &c. which is Trea-
fon, Vide Treafon: And Counterfeiting Exchequer-Bills,
Bank-Bills, Lottery-Orders, c. which are Felony.
See Felony.
makes his laft Will and Teftament, and thereby de-
viſes his Land to A. B. if he afterwards enfeoffs an-
other of the fame Land, here this Feoffment is a
Counsel, for Prifoners. No Counſel is allowed a
Prifoner upon a General Iffue, on Indictment of Fe-Countermand to the Will, without any exprefs Words
lony, &c. unless fome doubtful Point of Law arife: for the fame, and the Will is void as to the Difpofi-
The Court is the Prifoner's only Counsel; and the tion of the Land: Alfo if a Woman feiſed of Land
Behaviour of the Prifoner in his own Defence, is in Fee-fimple, makes a Will and devifeth the fame
one Means of difcovering the Truth. In Appeals, to C. D. and his Heirs, if he furvives her; and af-
and upon fpecial Pleas, &c. the Prifoner fhall have ter fhe intermarries with the faid C. D. there by ta-
Counsel affigued him by the Court: Tho' Counsel is king him to Husband, and Coverture at the Time
not to prompt the Prifoner in Matters of Fact. 2 of her Death, the Will is countermanded. Terms de
Hawk. 400, 401.
Proviſion is made for Counsel for Ley 198. But if a Woman makes a Leafe at Will,
Prifoners in Treafon, by Stat. 7 W. 3.
and then marries, this Marriage is no Countermand
Count, Signifies the original Declaration of to the Leafe, without exprefs Matter done by the
Complaint in a real Action. As Declaration is ap- Husband to determine the Will. Where Land is
plied to perfonal; fo Count is applicable to real devifed, and after a Leafe made thereof for Years
Caufes: But Count and Declaration are oftentimes only; it fhall not be a Countermand of the Will,
confounded, and made to fignify the fame Thing. which is good notwithstanding for the Reverfion
F. N. B. 16, 60. In paffing a Recovery at the Com-after the Leafe for Years is ended: But in Cafe a
mon Pleas Bar, a Serjeant at Law counts upon the
Pracite, &c. See Countors and Declarations.
Countee, (Fr. Comte) Was the most eminent Dig-
nity of a Subject, before the Conqueft; and thofe
who in ancient Time were created Countees, were
Men of great Eftate: For which Reafon and be
cauſe the Law intends that they affift the King with
their Counſel for the públick Good, and preferve
the Realm by their Valour, they had great Privi-
leges; as they might not be arreſted for Debt or
Trefpafs; or be put on Juries, &c. Of old the
Countee was Præfectus, or Præpofitus Comitatus, and
had the Charge and Cuftody of the County; but this
Authority the Sheriff now hath. 9 Rep. 46. A Coun-
C.
Man have a Leafe for Years, and gives it by his
Will, and after Surrenders it; it is a Countermand
of the Devife, and the Devifee fhall not have this
Leafe. Dyer 47. Goldsb. 93. If a Copyholder like to
die, do furrender his Eftate to the Ufe of his Wife
or Children, without any Confideration of Money
c. and he recover before the Prefentment and Ad-
mittance, it may be Countermanded: 'Tis otherwiſe
if it be to the Ufe of a Stranger. Kitch. 82. If there
be a Feoffment with Letter of Attorney to make
Livery and Seifin; and before it is made the Feof-
for makes a Feoffment, or Bargain and Sale of the
Land, or Leafe to another, it will be a Countermand
in Law of the Authority given by the Letter of At-
torney
:
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torney. 2 Brownl. 291. A Perfon may countermand for Law and Equity, of which the Chamberlain of
his Command, Authority, Licence, c. before the Chefter is Judge. There is also a Chief Juftice of
Thing is done; and if he dies, it is countermanded. Chefter; and other Juftices in the other Counties Pa-
There is a Countermand of Notice of Trial, &c. in
Law Proceedings.
latine, to determine Civil Actions and Pleas of the
Crown. The Bishops of Durham and Ely, have thoſe
Counties Palatine; and if any erroneous Judgment
be given in the Courts of the Bishoprick of Durham,
a Writ of Error fhall be brought before the Bishop
himself; and if he give an erroneous Judgment
thereon, a Writ of Error fhall be fucd out return-
able in B. R. 4 Inft. 218. But it has been held, that
Ely is not a County Palatine, only a Royal Franchiſe,
having Cognizance of Pleas like unto the Cinque
Ports. Carthew 109. Counties Palatine, with Fura
Regalia, were probably crected at first, becauſe they
were adjacent to the Enemies Countries heretofore;
as Lancaster and Durham to Scotland, and Chester to
Wales; that the Inhabitants might have Adminiftra-
tion of Justice at Home, and remain there to fe-
cure the Country from Incurfions. 1 Vent. 155. The
King may make a County Palatine by his Letters
Patent without Parliament. 4 Inft. 201. Befides
Counterplea, Is when the Tenant in any real
Action, Tenant by the Curtefy, or in Dower, in
his Answer and Plea, vouches any one to warrant
his Title, or prays in Aid of another, who hath a
larger Eftate; as of him in Reverfion, &c. Or where
one that is a Stranger to the Action, comes and
prays to be received to fave his Eftare; then that
which the Demandant alledgeth against it, why it
fhould not be admitted, is called a Counterplea: In
which Senfe it is uted Stat. 25 Ed. 3. cap. 7. So that
Counterplea is in Law a Replication to Aid Prier;
and is called Counterplea to the Voucher: But when the
Voucher is allowed, and the Vouchee comes and
demands what Caufe the Tenant hath to vouch him,
and the Tenant thews his Caufe, whereupon the
Vouchee pleads any Thing to avoid the Warranty;
that is termed a Counterplea of the Warranty. Terms
de Ley. 199. Stat. 3 E. i. cap. 39. If on Demurrer theſe Counties of both Sorts, there are Counties Cor-
to a Counterplea of the Voucher upon a Warranty,
it be found against the Vouchee, Judgment fhall
not be peremptory, but only Stet vocare: 'Tis o-
therwife upon a Plea to the Writ tried by the Coun-
try. 10 Rep. 34. 4 Rep. So.
Counter-Bolls, Are the Rolls which Sheriffs of
Counties have with the Coroners of their Proceed-
ings, as well of Appeals, as of Inquefts, &c. Stat.
3 Ed. 1. c. 10.
Countos, (Fr. Contours) Have been taken for
fuch Serjeants at Law, which a Man retains to de-
fend his Caufe, and ſpeak for him in any Court,
for their Fees. Horn's Mirror, lib. 2. And as in the
Court of C. B. none but Serjeants at Law may
plead; they were anciently called Serjeant Countors.
1 Inft. 17.
forate. Stat. 3 E. 4. cap. 5. And they are certain
Cities, with Lands and Territories, having Liber-
tics and Jurifdiction by Grant from the King: As
the County of Middlefex annexed to the City of Lor
don by King Hen. 1. The County of the City of York,
Anno 32 H. S. The County of the City of Chefter, 42
Eliz. The County of the City of Bristol, Norwich,
Worcester, &c. and the County of the Town of King-
fton upon Hull, New Castle, c. Lamb. Eiren. lib. I.
Crompt. Juft. 59. And County in another Signification,
is used for the County Court, kept by the Sheriff
within his Charge, or by his Deputy. Stat. 2 Ed. 6.
cap. 25. Bract. lib. 3. cap. 7. Sce Comitatus.
County-Court, (Curia Comitatus) Is by Lambard
called Conventus, in his Explication of Saxon Words,
and divided into two Sorts; one retaining the gene-
County, (Comitatus) Signifies the fame with Shire, ral Name, as the County Court held every Month,
the one coming from the French, the other the Sax- by the Sheriff or his Deputy: The other called the
ons; and contains a Circuit or Portion of the Turn, held twice in every Year, viz. within a Month
Realm, into which the whole Land is divided, for after Easter and Michaelmas; of both which you
the better Government of it, and the more eafy may read in Cromp. Furifd. fol. 241. All Adminiſtra-
Adminiſtration of Juftice: So that there is no Part tion of Juftice was at firft in the King's Hands; but
of this Kingdom that lies not within fome County; afterwards when by the Increaſe of the People the
and every County is governed by a yearly Officer Burden grew too great for him; as the Kingdom
whom we call a Sheriff. Fortescue, cap. 24. Of theſe was divided into Counties, Hundreds, &c. So the
Counties, there are in England forty, befides twelve Adminiftration of Juftice was diftributed amongit di-
in Wales, making in all fifty-two: And four of them vers Courts; of which the Sheriff had the County
are of fpecial Note, which are therefore term'd Court for Government of the County, and Lords of
Counties Palatine; as Lancaster, Chefter, Durham, and Liberties had their Leets and Law-Days, for the
Ely; and we read anciently of the Counties Palatine speedier and cafier adminiftring Juftice therein, &c.
of Pembroke and Hexam, tho' they have long fince Before the Courts at Westminster were ere&ted, the
loft their Privileges. The chief Governors of the County-Courts were the chief Courts of the Kingdom:
Counties Palatine, by fpecial Charter from the And among the Laws of King Edgar it is ordained,
King, heretofore did all Things touching the Ad- that there be two County Courts kept in the Year, in
miniftration of Juftice as abfolutely as the Prince which there fhall be a Biſhop and an Alderman,
himself in other Counties, only acknowledging him or Earl, as Judges; one to judge according to the
their Superior and Sovereign: But by the Stat. 27 Common Law, and the other according to the Ec-
H. 8. cap. 24. their Power is abridged. 4 Inft. 204, clefiaftical Law: But thefe united Powers of a Bi-
The Counties Palatine are reckoned among the fhop and Earl, to try Caufes, were feparated by
fuperior Courts: And are privileged as to Pleas, William the Firft, called the Conqueror; and foon
fo as no Inhabitant of fuch Counties fhall be compel after the Bufinefs of Ecclefiaftical Cognizance was
led by any Writ to appear or anfwer out of the brought into its proper Courts, and the Common
fame; except for Error, and in Cafes of Treafon, Law Buſineſs into the King's Bench. Blount. That
c. and the Counties Palatine of Chester and Durham, the County Court in ancient Times had the Cognition
are by Preſcription, where the King's Writ ought of great Matters, appears by Glano lib. 1. cap. 2,
not to come, but under the Seal of the Counties Pa-3, 4. by Bracton, and Briton, in divers Places, and
latine; unless it be Writs of Proclamation. Crompt. | Fleta, lib. 2. c. 62. But the Power of this Court was
Furifd, 137. 1 Dany. Abr. 750. But Certiorari lies much reduced by Magn. Chart. c. 17. and by 1 Ed.
out of B. R. to Juftices of a County Palatine, &c. to 4. cap. 1. It had formerly, and now hath the De-
remove Indictments, and Proceedings before them. termination of certain Trefpaffes, and Debts under
2 Hawk. P. C. 286. There is a Court of Chancery 40s. And this Court holdeth not Plea of any Debt
in the Counties Palatine of Lancaster and Durham, oor Damage to the Value of 40s. or above; nor of
ver which there are Chancellors; that of Lancaster Trefpafs Vi & Armis, &c. But of Debt and other
called Chancellor of the Dutchy, e. and there is A&ions perfonal above that Sum, the Sheriff may
a Court of Exchequer at Chester, of a mixt Nature, hold Plea by Force of a Wric of Justicies, which
221.
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County Bates, Are those ordered by Juftices
of Peace at their Quarter-Seffions, who may
make one General Rate, to answer all former di-
ftin&t Rates, which fhall be affeffed on every Pa-
rifh, &c. and collected and paid by the High Con.
ftables of Hundreds to Treaſurers appointed by
the Juftices; which Money fhall be deemed the
Publick Stock, and be laid out in Repairing of
Bridges, Gaols, or Houfes of Correction, on Pre
fentment made by the Grand Jury, at the Affiles
or Quarter Seffions, of their wanting, Reparation;
But Appeal lies by the Churchwardens and Over-
feers of the Poor of Parishes to the Juftices at the
next Seffions, against the Rate on any particular
Parish. 12 Geo. 2. c. 29.
II
is in Nature of a Commiffion to him to do it. 4 | Courts of Record are of fuch Authority, as 110
Inft 266. Here the Plaintiff takes out a Summons, Proof will be admitted against them; and they are
and if the Defendant do not appear, an Attach- only triable by themselves. Inft. 71. But the
ment or Diftringas is to be made out against him; County Court, Court Baron, c. as they are no
but if the Defendant appears, the Plaintiff is to Courts of Record, the Proceedings therein may be
file his Declaration, and after the Defendant is to denied, and tried by a Jury: And upon their Judg
put in his Anfwer or Plea; and the Plaintiff ha- ments, a Writ of Error lies not
not; but Writ of
ving joined Iffue, the Trial proceeds, c. where- Falfe Judgment. 1 Inft. 117. At the Courts at Weft
upon, if Verdi& is given for the Plaintiff, Judg-minster, the Plaintiff need not.fhew at large in his
ment is entered, and a Fieri Facias may be awarded Declaration, that the Caufe of Action arifes within
against the Defendant's Goods, which may be taken their Jurifdiction, it being general: Inferior Courts
by Virtue thereof, and be appraiſed and fold to fa- are to fhew it at large, because they have particu-
tify the Plain iff: But if the Defendant hath no lar Jurifdictions. 1 Lill. Abr. 371. Alſo nothing fhall
Goods, the Plaintiff is without Remedy in this be intended to be within the Jurifdiction of an in-
Court; for no Capias lies therein, but an Action ferior Court, but what is exprefly fo alledged: And
may be brought at Common Law, upon the Judg. if Part of the Caufe arifes within the inferior Ju-
ment entered. Greenwood of Courts, pag. 22. No She-rifdi&tion, and Part thereof without it, the inferior
riff is to enter in the County Court, any Plaint in Court ought not to hold Plea. 1 Lev. 104. 2 Rep. 16.
the Abſence of the Plaintiff; nor above one Plaint An inferior Court not of Record cannot impofe a
for one Cauſe, under Penalties: The Defendant in Fine, or Imprifon : But the Courts of Record at
the County Court is to have lawful Summons; and Westminster may fine, impriſon, and amerce.
two Juftices of Peace are to view the Etreats of Rep. 43. The King being the Supream Magiſtrate
Sheriffs, before they iffue them out of the County- of the Kingdom, and intrufted with the executive
Court, &c. by Statute 11 Hen. 7. c. 15. Caufes are re- Power of the Law, all Courts Superior and Inferior
moved out of the County-Court, by Recordare, Pone, ought to derive their Authority from the Crown.
and Writ of Falfe Fudgment, into B. R. &c.
Staund. 54. 2 Hawk P. C. 2. Tho' the King him-
felf cannot fit in Judgment in any Court upon an
Indi&tment, becauſe he is one of the Parties to the
Suit. Hawk. Ibid. The King hath committed all
his Power Judicial to one Court or other. 4 Inft. 71.
And by Statute it is enacted, that all Perfons fhall
receive Juftice in the King's Court, and none take
any Diftrefs, &c. of his own Authority, without
Award of the King's Courts. Stat. 52 Hen. 3. cap. 1.
It is faid the Cultoms, Precedents, and common
Judicial Proceedings of a Court, are a Law to the
Court: And the Determinations of Courts, make
Points to be Law. 2 Rep. 16. 4 Rep. 53. Hob. 298.
All Things determinable in Courts, that are Courts
by the Common Law, fhall be determined by the
Judges of the fame Courts; and the King's Writ
cannot alter the Jurifdiction of a Court. 6 Rep. 11.
The Court of B R. regulates all the Courts of Law
in the Kingdom, fo that they do not exceed their
Jurifdi&tions, nor alter their Forms, &c. 22 Car.
B. R. And as the Court of King's Bench hath á
general Superintendency over all Inferior Courts,
it may award an Attachment against any fuch Court,
ufurping a Jurifdi&tion not belonging to it: But it
is fometimes ufual firft to award a Writ of Prohi
bition, and afterwards an Attachment, upon its con-
tinuing to proceed. 2 Hawk. 149, 150. If a Court
having no Jurifdiction of a Caufe depending there-
in, do nevertheless proceed, the Judgment in fuch
Court is coram non Judice, and void; and an Action
lies against the Judges who give the Judgment, and
any Officer that executes the Process under them:
Though where they have Authority, and give an
ill Judgment, there the Party who executes the
Procefs, &c. upon the Judgment, fhall be excufed.
1 Lill. Abr. 370. Action on the Cafe lies againſt
the Plaintiff in an Action for fuing one in an Infe-
rior Court, where the Caufe of Action is out of its
Jurifdi&tion. 1 Vent. 369. And if a Plaintiff on a
Contract for a large Sum, fplits it into feveral
A&tions for fmall Sums to give an inferior Court
Jurifdiction, a Prohibition hall go. Mod. Caf. 90.
Striking in the Courts at Westminster, is punished by
cutting off the right Hand, and Forfeiture of Goods,
&c. How Contempts to Courts are punishable by Fine
and Imprifonment, &c. Vide Attachment: See more
of Courts, under Fudges.
Counting-Houſe of the King's Houthold, (Domus
Computus Hofpitii Regis) Is ufually called the Green
Cloth; where fit the Lord Steward, and Treasurer
of the King's Houfe, the Comptroller, Mafter of
the Houshold, Cofferer, and two Clerks of the Green
Cloth, c. for daily taking the Accounts of all
Expences of the Houfhold, making Provifions, and
ordering Payment for the fame; and for the good
Government of the King's Houfhold Servants, and
paying the Wages of thofe below Stairs. Stat. 39
Eliz. cap. 7
Courier, (from the Fr. Couree to run) An exprefs
Meffenger of Hafte.
Courracier, A French Word fignifying a Horfe
Courier. 2 Inft. 719.
Court, (Curia) Signifies the King's Palace, or
Manfion; and is more cfpecially the Place where
Juftice is judicially adminiftred. The Superior Courts
are those at Westminster; and of Courts fome are of
Record, and fome not, which are accounted Bafe
Courts, in Refpe&t of the Reft: A Court of Record
is that Court which hath Power to hold Plea, ac-
cording to the Course of the Common Law, of real,
perfonal, and mixed Actions, where the Debt or
Damage is 40s. or above; as the King's Bench, Com-
mon Pleas, &c. A Court not of Record is where it
cannot hold Plca of Debt or Damages amounting to
40s. but of Pleas under that Sum; or where the
Proceedings are not according to the Courfe of the
Common Law, nor inrolled; as the County Court,
and the Court-Baron, &c. 1 Inft. 117; 260. 4
Rep. 52. 2 Roll. Abr. 574. Every Court of Record is
the King's Court, though his Subjects have the Be-
nefit of it; and the free Ufe of all Courts of Record
and not of Record, is to be granted to the People
The Leet and Tourn are the King's Courts, and of
Record. 2 Danv. 259. The Rolls of the fuperior
2
Court of Admiralty, (Curia Admiralitatis). Was
erected, as generally held, by King Ed. 3. for de-
ciding Maritime Cauſes; and the Title of its Judge
is Suprema Curiæ Admiralitatis Anglia Locum tenens,
Judex five Prefidens. The Admiralty Court is not al-
lowed to be a Court of Record, becauſe it pro-
ceeds
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ceeds by the Civil Law; and the Judge has no
Power to take fuch a Recognizance, as a Court of
Record may: The Procefs and Proceedings are in
the Name of the Lord Admiral, and by Libel; and
the Plaintiff and Lefendant enter into a Stipula-
tion, or Bond, for Appearance, and to abide the
Sentence. 4 Inft. 134, 135. This Court hath Jurif
diction to determine all Caufes arifing wholly upon
the Sea; out of the Jurifdi&ion of a County: And
a Judgment of a Thing done upon Land, is void:
1 Inft. 260. If the Court of Admiralty hold Plea of
an Agreement made at Sea, but put in Writing
and fealed in foreign Lands, a Prohibition may be
granted; but not if only a bare Remembrance
had been made of it at Land. Hob. 69, 211. See
Latch 11. By the Cuftom of the Admiralty, Goods
may be attached in the Hands of a third Perfon in
Caufa civili & maritima. March 204.
P
fo called, because they handle Matters efpecially
appertaining to Chriftianity; and were held here-
tofore by our Bishops from the Pope, as he chal-
lenged the Superiority in all Caufes Spiritual: But
fince his Ejection, they hold them by the King's
Authority, Virtute Magiftratus fui, &c. and as the
Appeal from thefe Courts did lie to Rome, now by
the Stat. 25 Hen. 8. cap. 19. it lies to the King in
his Chancery. 4 Inft. Thefe Courts were complained
against long before the Reformation, the Bishops
having extended their Jurifdi&tion fo far, that they
had left very little Bufinefs for the fecular Judges;
for they affumed an Authority over the Clergy,
even in Criminal Cafes, though they had no legal
Power, but only in the Execution of the Sentence
of Degradation, &c. and took upon them to judge
in a great many other Things, that did not belong
to them.
Court-Baron, (Curia Baronis) Is a Court which Court of Confcience, (Curia Confcientia) In the
every Lord of a Manor, hath within his own Pre- 9th Year of King Hen. 8. the Court of Confcience in
cinct: It is an infeparable Incident to the Manor: London was erected; there was then made an Act of
and muſt be held by Prefcription, for it cannot be Common Council, that the Lord Mayor and Alder-
created at this Day. 1 Inft. 58. 4 Inft. 268. A Court- men fhould affign monthly two Aldermen, and
Baron must be kept on fome Part of the Manor: four difcreet Commoners, to be Commiffioners to
And is of two Natures. 1. By Common Law, which fit in this Court twice a Week, to hear and deter-
is the Barons or Freeholders Court, of which the Free-mine all Matters brought before them between Par-
holders being Suitors are the Judges; and this canty and Party, between Citizens and Freemen of Lon
not be a Court-Baron, without two Suitors at leaft. don, in all Cafes where the Debt or Damage was
2. By Custom, which is called the Customary Court: under 40s. And this A&t of Common Council is
And concerns the Cuftomary Tenan's and Copy-confirmed by the Stat. 1 Fac. 1. which impowers the
holders, whereof the Lord, or his Steward is Judge. Commiffioners of this Court to make fuch Orders
The Court-Baron may be of this double Nature, or between the Parties touching fuch Debts, as they
one may be without the other: But as there can be hall find ftand to Equity and good Confcience. Alfo
no Court Baron at Common-Law without Freehold-the Stat. 3 Fac. 1. c. 15. further establishes this Court;
ers; fo there cannot be a cuftomary Court, without the Courſe and Practice whereof is by Summons,
Copyholders or Cuftomary Tenants. 4 Rep. 26. 6 to which if the Party appear, the Commiffioners
Rep. 11, 12. 2 Inft. 119. The Freeholders Court, proceed fummarily; examining the Witneffes of both
which hath Jurifdiction for trying of A&tions of Parties, or the Parties themselves on Oath, and
Debt, Trefpaffes, &c. under 40s. may be held e-as they fee Caufe give Judgment. And if the
very three Weeks; and is fomething like a County Party fummoned appear not, the Commiffioners
Court, and the Proceedings much the fame: Tho' may commit him to the Compter Prifon till he
on Recovery of Debt, they have not Power to does; alfo the Commiffioners have Power to com-
make Exccution, but are to diftrain the Defen-mit a Perfon refuſing to obey their Orders, &c.
dant's Goods, and retain them till Satisfaction is Stat. 3 Jac. I. By a late Statute, the Proceedings
made. The other Court Baron, for taking and paf-
fing of Eſtates, Surrenders, Admittances, &c. is
held but once or twice in a Year, (ufually with the
Court-Leer) unless it be on Purpoſe to grant an E-
Bate and then it is holden as often as requifite.
In this Court the Homage Jury are to inquire that
their Lords do not lose their Services, Duties, or Court of Delegates, (Curia Delegatorum) Is fo
Cuſtom; but that the Tenants make their Suits of called, becauſe the Judges are delegated, and fit by
Court; pay their Rents and Heriots, &c. and keep Force of the King's Commiffion, under the Great
their Lands and Tenements in Repair; they are Seal, upon Appeals to the King, in three Cafes.
to prefent all common and private Nufances, which 1. When a Decree or Sentence is given in an Ec-
may prejudice the Lord's Manor; and every pub-clefiaftical Caufe, by the Archbishop, or any of his
lick Trespass must be punished in this Court, by A-
mercement, on prefenting the fame. By Statute,
It fhall be enquired of cuftomary Tenants, what
they hold, by what Works, Rents, Heriots, Ser-
vices, &c. And of the Lord's Woods, and other
Profits, Fifhings, &c. Stat. Extent. Manerii, 4 Ed. 1.
Sce my Compleat Court-Keeper, 3d Edit.
Court of Chivalry, (Curia Militaris) Otherwife
called the Marfbal-Court; the Judges of it are the
Lord Conftable of England, and the Earl Marshal:
This Court is faid to be the Fountain of the Mar-
jbal Law, and the Earl Marshal hath both a judi-
cial and minifterial Power; for he is not only one
of the Judges, but to fee Execution done. 4 Inft.
123. See Conftable.
of the Court of Confcience are regulated; and in Cafe
any Perfon affront or infult any of the Com-
miffioners, on their certifying it to the Lord Mayor,
he fhall punish the Offender by Fine, not exceeding
20s. or may impriſon him ten Days. 14 Geo. 2.
c. 10.
Officials. 2. When any Decree or Sentence is gi
ven in an Ecclefiaftical Cauſe in Places exempt, or
Peculiars, belonging to the King, or an Archbi-
fhop. 3. When a Sentence is given in the Court of
Admiralty in a Civil and Marine Caufe, according
to the Civil Law. 4 Inft. 339. Stat. 25 Hen. S. c. 19.
If the Delegates in Ecclefiaftical Caufes are Spiri-
tual Perfons, they may proceed to Excommunica-
tion, &c. This is the higheft Court for Civil Af
See Appeal to
fairs that concern the Church.
Rome.
Courts Ecclefiaftical, (Curid Ecclefiaftice) Are
thofe Courts which are held by the King's Autho-
rity as fupreme Governor of the Church, for Mat-
ters which chiefly concern Religion. 4 Inft. 321.
Court Chriftian, (Curia Chriftianitatis) Is an Ec- And the Laws and Conftitutions whereby the Chur h
clefiaftical Judicature, oppoſed to the Civil Court, of England is governed, are, 1. Divers immemorial
or Lay Tribunal: And as in fecular Courts, Human Customs. 2. Our own Provincial Conftitutions; and
Laws are maintained; fo in the Court Chriftian, the the Canons made in Convocations, especially thoſe
Laws of Christ ſhould be the Rule. And therefore in the Year 1603. 3. Statutes or Ats of Parlia
the Judges are Divines; as Archbishops, Bifhops, ment concerning the Affairs of Religion, or Caufes
Archdeacons, &c. 2 Inft. 488. Courts Chriftian are of Ecclefiaftical Cognizance; particularly the Ru-
2
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bricks in our Common Prayer Book, founded upon
the Statutes of Uniformity. 4. The Articles of Re-
lig on, drawn up in the Year 1562, and eft.bliſhed
by 13 Eliz. cap. 12. 5. And 'tis faid, by the Gene
ral Canon Law, where all others fail. See the 25
Hen. 8. c. 28. As
to Suits in Spiritual or Ecclefia
ftical Courts, they are for the Reformation of Man.
ners, or for punishing of Herefy, Defamation, lay-
ing violent Hands on a Clerk, and the like; and
fome of their Suits are to recover fomething de-
manded, as Tithes, a Legacy, Contract of Mar-
riage, &c. And in the Caules of this Nature, the
Courts may give Cofts, but not Damages: Things
that properly belong to thefe Jurifdictions are
Matrimonial and Teftamentary, and Defamatory
Words, for which no Action lies at Law; as for
calling one Adulterer, Fornicator. Ufurer, or the
like. 11 Rep. 54 Dyer 240. The Proceedings in
the Eclefiaftical Courts, are according to the Civil
and Canon Law; by Citation, Libel, Anfwer upon
Oath, Proof by Witnesses, and Prefumptions, &c. and
after Sentence for Contempt, by Excommunication:
And if the Sentence is difliked, by Appeal. The
Jurifdi&tion of thefe Courts, is voluntary, or conten
tious: And the Puniſhments infli&ted by them, are
Cenfures and Puniſhments pro falute Anime, by way
of Penance, &c. They are not Courts of Record.
Vide Confultation and Prohibition.
a Day may be worn to be faithful to the King,
and the People are to kept in Peace, &c. Allo
every one from the Age of twelve to fixty Years,
that dwells within the Leet, is obliged to do Suit în
this Court; except Peers, Clergymen, &c. unleſs
they are under the Sheriff's Turn. 4 Inft. 261, 263,
A Leet is incident to a Hundred, as a Court-
Baron to a Manor; for by Grant of a Hundred, a
Leer paffeth, and a Hundred cannot be without a
Leet. Kitch 70. Leers may be held by Charter or
Preferiprion; but are commonly claim'd by Pre-
feription; and are to be kept twice a Year, one
Time within a Month after Eafter, and the other
within a Month after Michaelmas, at a certain Place
within the Precin&: Thete are the ufual Times of
holding the Leer; but if it hath been a Custom to
keep this Court at any other Time in the Year, it is
good if due Warning be given. 1 Inft. 115. 2 Inft.
72. The Steward is the Judge of this Court, as the
Sheriff is in the Turn: And he hath Power to elect
Officers, as Conftables, Tithingmen, &c. as well as
punish Offenders. 6 Rep. 1.2. 2 Inft. 199.
ment in a Court-Leet, or Sheriff's Turn, after the
Day of Pretentment, fubje&ts the Party to a Fine
or Amerciament; and is not traverfable, except it
toucheth the Party's Freehold; as that one ought
to cleanfe the Highways, c. by Reafon of his Te-
nure: Though fuch Prefentment may be removed
Court of Hultings, (Curia Huftingi) Is the higheft into B. R. by Certiorari, where it may be traversed.
Court of Record, holden at Guildhall, for the City Dyer 13. 2 Inft. 52. Kitch. 86, 91, &c. A Court-Leet
of London, before the Lord Mayor and Aldermen, may fine, but not imprifon: A Steward may impoſe
the Sheriffs, and Recorder. 4 Inft. 247. This Court a reafonable Fine, for a Contempt in Court; or
determines all Pleas real, perional, and mixt: And commit those who make an Affray before him, in
here all Lands, Tenements, and Hereditaments, the Execution of his Office, or bind them to the
Rents and Services, within the City of London, and Peace or Good Behaviour: But he may not grant
Suburbs of the fame, are pleadable in two Huft-Surety of the Peace, unlets by Prefcription. S Rep.
ings one called Huftings of Plea of Lands, and 38. 1 Saund: 135. The ufual Method of Punish-
the other Huftings of Common Pleas. In the Huftings ment in the Court-Leet, is by Fine and Amercement;
of Plea of Lands, are brought Writs of Right Patent the former affeffed by the Steward, and the latter
directed to the Sheriffs of London, on which Writs by the Jury: For both of which, the Lord may
the Tenant fhall have three Summons at the three have an Action of Debt, or take a Diftrefs, &c.
Huftings next following; and afer the three Sum- Twelve Freeholders or Refants, are to be of the
mons there fhall be three Effoins at three other Jury: And the particular Articles to be enquired
Huftings next enfuing; and at the next Huftings af into, by Statute, are, if all that owe Suit of Court
ter the third Effoin, if the Tenant makes Default, are prefent; of Cuttoms withdrawn; Purpre Aures
Procefs fhall be had against him by Grand Cape, or in Lands, Woods, &c. of Houfes fet up, or beat
Petit Cate, &c. And if the Tenant appears, the De-down, Cottages erected contrary to Law, and other
mandant is to declare in the Nature of what Writ Annoyances; of Bounds taken away; Ways or Wa-
he will; without making Proteftation to fue in Na-ters turned or ftopped; of Thieves, and Hues and
ture of any Writ: Then the Tenant fhall have the Cries not purfued; of Bloodshed, Efcapes, Perfons
View, &c. and if the Parties plead to Judgment, the outlawed, Money Coiners, Treafure found; Affife
Judgment fhall be given by the Recorder: But no of Bread and Ale, Perfons keeping Ale-houfes
Damages, by the Cuſtom of the City, are recovera- without Licence; Falfe Weights and Meafures,
ble in any fuch Writ of Right Patent. Practif. So- Unlawful Games, Offences relating to the Game;
lic. 416, 417. In the Huftings of Common Pleas, Offences of Tanners in felling infufficient Leather,
are pleadable Writs Ex gravi Querela, Writs of of Foreftallers, &c. of Markers, Victuallers and La-
Gavelet, of Dower, Wafté, &c. allo Writs of Exigent bourers, unlawful Fishing, idle Perfons, &c. Stat.
are taken out in the Hultings; and at the fifth Huft-18 Ed. 2. 14 & 15 H. S. 2 & 3 Ed. 6. 31 Eliz. 1 Fac.
ings the Outlawries are awarded, and Judgment &c. All thefe Articles are drawn up in Form, and
pronounced by the Recorder. If an erroneous
Judgment is given in the Huftings, the Party grieved
may fue a Commiffion out of Chancery directed to
certain Perfons to examine the Record, and there
upon do Right. 1 Rol. Abr. 745.
Court-Leet, (Leta, Vifus franci plegii) Is a Court of
Record, ordained for punishing Offences against the
Crown; and is faid to be the most antient Court of
the Land. 2 Danv. Abr. 289. It enquires of all Of
fences under High Treafon but thofe which are
to be puniſhed with Lofs of Life or Member, are
only inquirable and prefentable here, and to be
certified over to the Justices of Affife. Stat. 1 Ed.
And this Court is called the View of Frank-pledge, be
cauſe the King is to be there certified by the View
of the Steward, how many People are within every
Leer, and have an Account of their good Manners
and Government; and every Perfon of the Age of
12 Years, which hath remained there for a Year and
given in Charge by the Steward. The Lord of the
Leet ought to have a Pillory and Tumbrel, to pu-
nifh Offenders; and for Want thereof, the Lord
may be fined, or the Liberty ſeiſed. 2 Danv. 289.
Alfo all Towns in the Leet are to have Stocks in
Repair; and the Town that hath none fhall forfeit
51. Ibid. Stewards of Leets, &c. are not to receive
Profits to their own Ufe, belonging to the Lord, on
Pain of 401. Stat. 1 Fac. I. c. 5. Vide my Compleat
Edit.
Court-Keeper, 3
Court of Marthallea, (Curia Palatii) A Court of
Record to hear and determine Caufes between the
Servants of the King's Houfhold and others within
the Verge; and hath Jurifdiction of all Matters
within the Verge of the Court, and of Pleas of
Trefpafs, where either Party is of the King's Fa-
mily; and of all other Actions perfonal, wherein
both Parties are the King's Servants; and this is
the original Jurifdiction of the Court of Marshalsea.
2
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But the Caria Palatii, erected by K. Charles I. by Time of the Fair. Stat. 17 Ed. 4. c. z.
Letters Patent, in the 6th Year of his Reign, and The Court of Piepowders may hold Plea of a Sum
2 Inft. 220.
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made a Court of Record, hath Power to try all Per-above 40 s. and 'tis faid, Judgment may be given at
fonal Actions, as Debr, Treſpaſs, Slander, Trover, another Fair, at a Court held there: And a Writ
Actions on the Cafe, c. between Party and Party, of Error lies upon a Judgment given. Dyer 133.
the Liberty whereof extends twelve Miles about F. N. B. 18. This Court may not meddle with any
Whitehall; which Jurifdiction hath fince been con- Thing done in a Market, without a fpecial Cuftom
firmed by King Charles the Second: And the Judges for it; but for what is done in a Fair only: And
of this Court, are the Steward of the King's Houfe- not there for flanderous Words, unless they con-
hold, and Knight-Marſhal for the Time being, and cern Matter of Contra& in the Fair; as where it is
the Steward of the Court, or his Deputy, being al- for Slandering the Wares of another, and not of his
ways a Lawyer. Crompt. Jurifd. 102. Kitch, 199, &c. Perfon in the fame Fair. Moor ca. 854 The Stew-
2 Inft. 548. This Court is kept once a Week, in ard before whom the Court is held, is the Judge:
Southwark: And the Proceedings here are either And the Trial is by Merchants and Traders in the
by Capias or Attachment; which is to be ferved on Fair; and the Judgment against the Defendant ſhall
the Defendant, by one of the Knight Marshal's be Quod Ameṛcietur. If the Steward proceeds con-
Men, who takes Bond with Sureties for his Appear-trary to the Statute 17 Ed. 4. he ſhall forfeit 51.
ance at the next Court; upon which Appearance, Court of Bequests, (Curia Requifitionum) Was a
he muft give Bail, to anfwer the Condemnation of Court of Equity, of the fame Nature with the Court
the Court; and the next Court after the Bail is ta- of Chancery, but inferior to it; principally infti-
ken, the Plaintiff is to declare, and fet forth the tuted for the Relief of fuch Petitioners, as in con-
Caufe of his Action, and afterwards proceed to If-feionable Cafes addreffed themfelves by Supplica-
fue and Trial by a Jury, according to the Cuftomtion to his Majefty. Of this Court, the Lord Privy
of the Common Law Courts. If a Čauſe is confide-Seal was Chief Judge, affifted by the Masters of Re-
rable, it is ufually removed into B. R. or C. B. by quests; and it had Beginning about the 9 H. 7. ac-
an Habeas Corpus cum caufa: Otherwiſe Caufes are cording to Sir Julius Cafar's Tractate on this Sub-
here brought to Trial in four or five Court-Days.ject: Tho' Mr. Gwyn, in his Preface to his Readings,
Practif. Solic. 409, 410. By Statute, The Steward faith it began from a Commiffion firft granted by
and Marshal of the King's Houfe, are not to hold
Plea of Freehold, &c. 28 Ed. 1. c. 3. Error in the
Marſhalfea Court may be removed into the King's
Bench. 10 Ed. 3. And the Fees of the Marfbalfea are
limited by the Stat. 2 H. 4. c. 23. This Marfbalfea
is that of the Houfhold; not the King's Marſhalfea,
which belongs to the King's Bench.
King Hen. 8. This Court having affumed great
Power to itſelf, fo that it became burden fome, Mich.
Anno 40 & 41 Eliz. in the Court of Common Pleas,
it was adjudged upon folemn Argument, that the
Court of Requests was no Court of Judicature, &c.
And by Stat. 16 & 17 Car. 1. c. 10. it was taken
away. 4 Inft. 97.
*
:
:
Court Marthal, (Curia Martialis) Is a Court for Court of the Lord Steward of the King's
Puniſhing the Offences of Officers and Soldiers in oufe. The Lord Steward, or in his Abfence, the
Time of War And it appears by our Books, that Treaſurer and Controller of the King's Houfe, and
if any Perfon in Commiffion, in Time of Peace, put Steward of the Marfhalfea, may enquire of, hear
to Death any Man by Martial Law, it is againft and determine in this Court, all Treafons, Murders,
Magna Charta, and Murder. 3 Inft. 52. Tho' Tem- Manflaughters, Bloodfheds, and other malicious
poral Acts of Parliament have of late enabled our Strikings, whereby Blood fhall be fhed, in any of
Kings to hold Courts Martial in Time of Peace, c.the Palaces and Houfes of the King, or in
By 4 & 5 W. & M. c. 13. Defertion and Mutiny Houfe where his Royal Perfon fhall abide. And
any other
is punishable by a Court Martial: And the King, or this Jurifdi&tion was given by Star. 33 H. 8. c. 12.
the General of the Army, may grant Commiffions 3 Inft. 140. But this Court was at firft intended
to any Field-Officer, c. to call a Court Martial, of only to inquire of and puniſh Felonies, &c. by the
thirteen at leaſt Commiffion Officers, who are to King's Servants, against any Lord or other Perfon
take an Oath for trying truly; and Sentence of of the King's Council. 3 H. 7. c. 14.
Death is not to be given unleſs Nine concur: And
a Field-Officer is not to be tried by any under
the Degree of a Captain. By a fubfequent A&t,
Court Martials may be called within the Realm, for
trying Offenders againft the Laws of War out of
the Realm; or a Deferter abroad may be fent back
to his Regiment to be proceeded against And an
Acquittal or Conviction in a Court Martial, is a good
Bar to an Indictment. Stat. 7 Ann. c. 4. See 1 Geo.
7 Geo. I. c. 6. Court Martial at Sea, vide
I. c. 9.
Navy.
Court of Piepowders, (Curia Pedis Pulverifati)
Is a Court held in Fairs, to do Juftice to Buyers and
Sellers, and for Redrefs of Dilorders committed in
them: So called, becauſe they are moft ufual in
Summer, when the Suitors to the Court have dufty
Feet; and from the Expedition in hearing Caufes
proper thereunto, before the Duft goes off the Feet
of the Plaintiffs and Defendants. 4 Inft. 272. It is
a Court of Record incident to every Fair; and to be
held only during the Time that the Fair is kept.
Doct. & Stud. c. 5. As to the Jurifdiction, the Caufe
of Action for Contract, Slander, &c. muft arife in
the Fair or Market; and not before at any former
Fair, nor after the Fair: It is to be for fome Mat-
ter concerning the fame Fair or Market; and be
done, complained of, heard and determined the
fame Day. Alfo the Plaintiff must make Oath that
the Contract, &c. was within the Jurifdi&tion and
Court of Star-Chamber, (Curia Camere Stellata)
A Court erected by 3 H. 7. c. 8. which ordained,
That the Lord Chancellor, Treaſurer, and Lord
Privy Seal, calling a Bishop, and Lord of the King's
Council, and the Two Chief Juftices to their Af
fiftance, on Bill or Information might make Proceſs
againft Maintainors, Rioters, Perfons unlawfully
Affembling, and for other Mifdemeanors, which
through the Power and Countenance of fuch as did
commit them lifted up their Heads above their
Faults, and punish them as if the Offenders had
been convicted at Law, by a Jury, &c. But this
Act was repealed, and the Court diffolved by Sta-
tute 17 Car. I. c. 10.
+
Courts of Univerüities. The Courts of the Uni-
verfities of Oxford and Cambridge are of a particular
Nature: They were granted by Charters, and con-
firmed by Authority of Parliament. See Stat. 13
Eliz. 4 Inft. 227. Thefe Courts are called the Chan-
cellor's Courts, and are kept by the Vice-Chancellors
of the Univerfities: Their Jurifdi&ion extends to
all Caufes Ecclefiaftical and Civil, (except for Mai-
hem, Felony, and relating to Freehold) where a
Scholar, Servant, or Minifter of the Universities is
one of the Parties to the Suit. The Cauſes are
managed by Advocates and Proctors: And they pro-
ceed in a fummary Way, according to the Practice
of the Civil Law; and the Judges in their Sen-
tences follow the Juftice and Equity of the Civil
Fff
Law,
כי
CR
CR
Law, or the Laws, Statutes and Cuftoms of the U-
niverfities, or the Laws of the Land, at their Dif-
cretion. 3 Cro. 73. If any erroneous Judgment be
given in thefe Courts, Appeal lies to the Congrega-
tion; thence to the Convocation; and thence to the
King in Chancery, by his Delegates. Wood's Inft.
526.
Battel, and cried Cravent, he ſhould lofe Liberam
Legem; but if the Appellee, cried out Cravent, he
was to be hanged. 3 Inft. 221.
Creamer, A Foreign Merchant; but generally
taken for one who hath a Stall in a Fair or Market.
Blount.
Creanfor, Creditor, (of the Fr. Croyance) Signifies
him that trufts another with any Debt, Money, or
Wares: In which Senfe it is uſed in Old Nat. Br. 66.
and 38 Ed. 3. c. 5.
Creation-Money. This is mentioned in Stat. Car.
2. c. I.
Courts of Wales, (Curia Principalitatis Wallia)
The Courts of the Principality of Wales, and their
Jurifdiction, are fettled by Acts of Parliament: And
befides County-Courts, Hundred-Courts, Courts- Creaft, or Creft, (Crifta) Any Imagery, or carved
Leer, &c. by 34 & 35 H. 8. c. 26. it is enacted, Work, to adorn the Head of Wainfcor, &c. like
that there shall be a Court of Grand Seffions, kept our modern Cornice: But this Word is now applied
twice in every Year in every of the twelve Coun-by the Heralds to their Devices fet over a Coat of
ties of Wales; and the Justices of thofe Courts may Arms. Kennet's Paroch. Antiq. 573.
hold Pleas of the Crown in as large a Manner as
the King's Bench, &c. And alfo Pleas of Affifes,
and all other Pleas and Actions Real and Perfonal,
in as large a Manner as the Common Pleas, &c.
And Errors in Judgment before any of the Juftices
in the Great Seffions, fhall be redreffed by Writ of
Error out of the Chancery of England returnable in
B. R. The Proceedings in thefe Courts are accord-
ing to the Laws of England: And the King's Writs
ought not to go into Wales; tho' a Quo Minus out
of the Exchequer is often fent thither.
Court-Lands, Demains, or Lands kept in the
Lord's Hands, to ferve his Family. See Curtiles
Terra.
Coufenage, The Writ of and Proceedings therein.
Scc Cofenage.
Couthutlaugh, (from the Sax. Couth, i. e. Sciens,
and Utlaugh, exlex) Is a Perfon that willingly and
knowingly receives a Man outlawed, and cheriſhes
or conceals him: For which Offence he was, in an
tient Time, to undergo the fame Puniſhment as the
Outlaw himſelf. Bract. lib. 3. tra&t. 2. cap. 13.
Cows, One Milch Cow is to be kept to every ten
Beafts, and fixty Sheep, by Farmers, &c. on Pain
of 20s. Stat. 2 & 3 P. & M. c. 3.
Craiera, Crayer, A fmall Veffel of Lading; a Hoy
or Smack. Pat. 2 R. 2. 14 Car. 2. cap. 27.
Crail, An Engine made ufe of to catch Fifh.
Blount.
Cranage, (Cranagium) Is a Liberty to ufe a Crane
for drawing up of Goods and Wares of Burden
from Ships and Veffels, at any Creek of the Sea or
Wharf, unto the Land, and to make Profit of it:
It alfo fignifies the Money paid and taken for the
fame. Stat. 22 Car. 2. c. II.
Crannock, An ancient Meaſure of Corn.
Quilibet debet flagellare dimidium Crannock frumenti
ad femen, & duos Buffellos, &c. in firma fua. Cartu-
lar. Abbar. Glafton. MS. f. 39.
Cralpicis, Is a Word fignifying a Whale, viz.
Pifcis craffus.
Craftino San&i Wincentii, The Morrow after
the Feast of St. Vincent the Martyr, i. e. the 22d
of January; which is the Date of the Statutes made
at Merton, Anno 20 Hen. 3. There are likewiſe cer-
tain Return-Days of Writs in Terms, in the Courts at
Westminster, beginning with Craftino, &c. as Craftino
Animarum, in Michaelmas Term; Craftino Purifica-
tionis beata Maria Virginis, in Hillary-Term; Craftino
Afcenfionis Domini in Eafter-Term; and Craftino
Sanctæ Trinitatis, in Trinity-Term. Stat. 32 H. 8. 16
Eg 17 Car. I.
Crates, (Lat.) Is an Iron Grate before a Prifon,
ufed in the Time of the Romans. 1 Vent. 304.
Cravate, To impeach. Si Homicida divadietur ibi
vel Cravetur, &c. Leg. H. 1. c. 30.
Crabent, Was a Word of Obloquy, where in the
antient Trial by Battel, the Victory fhould be pro-
claimed, and the Vanquished acknowledge his Fault,
or pronounce the Word Cravent, in the Name of
Recreantiffe, &c. and thereupon Judgment was given
forthwith; after which the Recreant fhould become
infamous, &c. 2 Inft. 248. If the Appellant join'd
Creche, A Drinking Cup. Mon. Angl. tom. 1. pag.
104.
Creditos, Shall recover their Debts of Execu-
tors or Adminiftrators, who in their own Wrong
wafte, or convert to their Ufe the Eftate of the
Deccafed, &c. Stat. 30 Car. 2. c. 7. Wills and De-
vifes of Lands, &c. as to Creditors on Bonds or other
Specialties, are declared void; and the Creditors
may have Actions of Debt against the Heir at Law
and Devifees. 3 & 4 W. & M. c. 14. 6 & 7 W. 3.
And in Favour of Creditors, whenever it appears to
be the Teftator's Intent, in a Will, that his Lands
fhould be liable for paying his Debts; in fuch Cafe
Equity will make them fubject, though there are
not exprefs Words; but there must be more than a
bare Declaration, or it fhall be intended out of the
perfonal Eſtate. 2 Vern. Rep. 708. Where one de-
vifes that all his Debts, &c. fhall be firft paid; if
his perfonal Eftate is not fufficient to pay the Cre-
ditors, it fhall amount to a Charge on his Real
Eftate for that Purpofe. Preced. Canc. 430. See
Debtors and Executor.
Creek, (Creca, Crecca) Is a Part of a Haven
where any Thing is landed from the Sea: So that
it is obferved, if when you are out of the main Sea
within the Haven, you look round and fee how
many landing Places there are, fo many Creeks may
be faid to belong to that Haven. Cromp. Furifd. fol.
110. It is alfo faid to be a Shore or Bank whercon
the Water beats, running in a fmall Channel from
any Part of the Sea; from the Lat. crepido. This
Word is ufed in the Stat. 4 H. 4. c. 20. and 5 Eliz.
c. 5.
.
Crementum Comitatus, The Sheriffs of Coun-
ties antiently answered in their Accounts for the
Improvement of the King's Rents above the antient
Vicontiel Rents, under the Title of Crementum Comi-
tatus, or Firma de Cremento Comitatus. Hale's Sher.
Acco. p. 36.
Si
Crepare Dculum, To put out an Eye; which`
had a pecuniary Punishment annexed to it.
quis alii crepat Oculum folvat ei fexaginta folid. Leg.
H. 1. c. 78.
Cretinus, Cretena, A fudden Stream or Torrent.
Hiftor. Croyland contin. 485, 617.
Crocaros, A Sort of old bafe Money. See Pol-
lards.
Crocia, The Crofier or Paftoral Staff, fo called à
fimilitudine Crucis, which Bishops, &c. had the Pri-
vilege to carry as the common Enfign of their Re-
ligious Office; and being invefted in their Prelacies,
by the Delivery of fuch a Crofier: Hence the Word
Crocia did fometimes denote the Collation to, or
Difpofal of Bishopricks and Abbies, by the Dona-
tion of fuch Paftoral Staff; fo as when the King
granted large Jurifdi&tions, Exceptis Crociis, it is
meant, except the Collation or Inveftiture of Epif
copal Sces, &c. Addit. to Cowel.
Crociarius, The Crociary or Crofs-bearer, who
like our Virger, went before the Prelate, and bore
his Crofs.Robertus de Wycombe, Clericus Epif
I
copi
C R
CR
"
copi Dunelm. quem vulgo Crociarium ejus vocant. Li-
ber de Miraculis Tho. Epifc. Heref. MS. Anno
I 290.
Croft, (Sax. Croftum and Crofta) A little Clofe
adjoining to a Dwelling-houfe; and enclofed for
Pafture or Arable, or any particular Ufe. In
fome old Deeds Crufta occurs as the Latin Word
for a Croft; but cum Toftis & Croftis, is moft fre-
quent. Ingulph. It feems to be derived from the old
English Word Creaft, fignifying, Handy-Craft; be-
caufe fuch Grounds are ufually manured and extra-
ordinarily dreft by the Hand and Skill of the Ow-
Normandy having flain Harold at the Battle of Ha-
ftings, he claim'd the Kingdom as well by the No-
mination of Edward the Confeffer, as by Right of
Conqueft, and he was crown'd and enjoy'd the King-
dom for his Time. Bac. Coron. 4. 27. And to come
further down, we find that the Parliament, (which
had the beft Right) have afferted their Authority
in thefe Cafes: The Crowns of England and France
were entail'd on King Henry the Fourth, and his four
Sons by A&t of Parliament. Stat. 7 H. 4. c. z.
And the Parliament entail'd the Crown on Henry
the Sixth, and his Iffue; alfo Richard the Third was
recognized by Parliament. But the most extraor-
dinary Inftance of this Nature was, the Nomination
and Appointment of King Henry the Eighth, to whom
the Parliament granted Power by his Laft Will and
Teftament to make Conditions and Limitations at
his Pleafure, for fettling the Inheritance of the Crown;
and he by his Will ordain'd, that his Son Edward
fhould fucceed him, and he dying without Iffue, his
Daughter Mary, and for her Want of Iffae, his
Crop, Crappa, The Seeds or Products of the Har-Daughter Elizabeth to enjoy the Crown in Succeffion;
veft in Corn, &c. Fleta, lib. 2. c. 82.
ner.
Croíses, and Croisado, Are mentioned in our an-
tient Law Books. See Croyfes.
Crok, (Crocus) Turning up the Hair into Curls
or Croks; whence comes Crook, crooked, &c.
Sciatis quod Poteftatem vobis Dedimus fcindendi Capillos
Clericorum noftrorum, longos crines habentium, & ad
Crocos Capillorum fuorum deponendos, c. Pat. 21
H. 3.
{
with Remainders to fuch as the King by his Letters
Cross-Bows. None fhall fhoot in, or keep any Patent, &c. fhould appoint. Stat. 35 H. 8. c. 1. After
Crofs-Bow, Hand-gun, Hagbut, &c. but thofe who the Death of King Henry 8. his Son Edward the Sixth
have Lands of the Value of 100l. per Annum: And fucceeded; and he was prevailed upon to appoint
no Perfon fhall travel with a Cross-Bow bent, or the Lady Fane, Daughter to the Duke of Suffolk, (who
Gun charged, except in Time of War; or fhoot married K. Henry's Sifter) a Proteftant Lady, by his
within a Quarter of a Mile of any City, or Market-Letters Patent to fucceed him: But this Appoint-
Town, unleſs for Defence of himself or his Houfe, ment foon after the Death of K. Edward, was va-
or at a dead Mark, under the Penalty of 101. Stat. cated by Queen Mary; the Lady Fane beheaded,
and the Proteftant Reform'd Religion eclipfed during
33 H. 8. cap. 6.
Croffes. By Stat. 13 Eliz. c. 2. Croffes, Beads, her Reign; but it revived again and received Per-
c. ufed by the Roman Catholicks, are prohibited fection, by her Succeffor the glorious Q. Elizabeth.
to be brought into this Kingdom, on Pain of a Pre-By the Stat. 1 Eliz. c. 1, the Parliament acknowledg'd
munire, &c. And it was ufual in former Times for the Queen to be right Heir to the Crown; and by
Men to erect Croffes on their Houfes, by which they this At the Limitation of the Crown contain'd in 35
would claim the Privileges of the Templars to de- H. S. is declared to ſtand and Remain Law for ever.
fend themſelves against their rightful Lords; but And when King James the First came to the Crown,
this was condemned by the Stat. Weftm. 2. c. 37. It the Parliament made a Recognition, that upon
was likewiſe cuſtomary in thofe Days, to fet up Queen Elizabeth's Death, the Crown of England, and
Croffes in Places where the Corps of any of the No-all the Kingdoms, Dominions, and Rights belonging
bility refted, as it was carried to be buried, that à to the fame, did by lawful Birth-right and Succef-
Tranfeuntibus pro ejus anima deprecetur. Walfing. Anno fion defcend to K. James. Stat. I Fac. I. c. 1. After
1291. There were feveral of theſe Croffes erected this, I do not find that the Parliament intermeddled
over England, eſpecially in Honour to the Refting- in fettling the Succeffion of the Crown 'till the Ab-
places of our Kings, on their Bodies being tranf dication of King James the Second; when the Lords
mitted to any diftant Place for Burial: But thefe Spiritual and Temporal, and Commons, lawfully
Superftitions funk in this Kingdom with the Romish reprefenting all the Eftates of the People of the
Religion.
Realm, invited over William, Prince of Orange, and
Croyles, (Cruce Signati) Is ufed by Briton for Pil- the Princess Mary (eldeft Daughter of King James
grims, becauſe they wear the Sign of the Cross upon I1.) to take Care of their Rights and Liberties;
their Garments. Of thefe and their Privileges, whom they declared to be King and Queen of Eng-
Bracton hath treated, lib. 5. par. 2. cap. 2. and par. 5. land. And by Stat. 1 W. & M. c. 2. reciting the
cap. 9. Under this Word are allo fignified the Declaration of the Lords and Commons for fecuring
Knights of St. John of Jerufalem, created for the De- the Liberties of the Kingdom, upon which the Prince
fence of Pilgrims; and all thofe worthy Perfons who and Princefs of Orange accepted the Crown, the faid
in the Reigns of K. Hen. 2. Ric. 1. Hen. 3. and Ed. Prince and Princefs were recognized King and
Cruce Signati took upon them the Croifado, dedi-Queen of England, &c. for their Lives, and the
cating and lifting themselves to the Wars, for the Life of the Survivor of them; and after their
Recovery of Jerufalem and the Holy Land. Greg. Deaths, the Crown was fettled on the Heirs of the
Syntag. Lib. 15. cap. 13, 14.
I.
•
Body of the faid Princeſs; and for Want of fuch If
Croy, Signifieth Marth Land.Et quia palu-fue to the Princess Anne of Denmark, Sifter to the
ftris hujus Croyland ipfum nomen Indicat, nam crudam Queen, and the Heirs of her Body. Alfo by 12 W.
terram & cœnofam fignificat. Ingulphus, p. 853. 3. c. 2. (after the Deceaſe of Q. Mary without Iffue)
Crown, (Corona) Signifies the Poffeffions and the Princefs Sophia of Hanover, (Daughter of Eliza
Dignity of a King of any Kingdom. The Crown of beth, eldeſt Daughter of King James the Firſt) was
England has from the Beginning been fucceffive, by declared next in Succeffion after King William, and
Right of Inheritance; but fometimes our Kings, the Princess Anne, and their Iffue; and the Crown to
for political Reaſons, have conferred their Princi- remain to the Princefs Sophia, and the Heirs of her
palities on whom they pleafed, cftecming it lawful Body being Proteftants. By Virtue of which laft
to appoint their Succeffors after them. For Edward Statute, his Majefty King George the First, eldest
the Confeffor appointed the Crown, after his Deceafe, Son of the Princefs Sophia, on the Death of her Ma-
at feveral Times, to William called the Conqueror, jefty Queen Anne without Iffue, the faid Princeſs
and Edgar and Harold; and Harold, after the De-Sophia being likewife dead, came to the Poffeffion
ceafe of his Father, upon the Title left him, was of the Crown of thefe Realms: By theſe laſt Acts,
crown'd by the Archbishop of York; but William of Papifts are rendered incapable to inherit the Crown
of
>
GU
CU
t
}
of England; and Subjects are abfolved of their Alle-
giance to fuch; Perfons coming to the Crown, are
to join in the Communion of the Church of Eng-
land. And this Nation is not to be engaged in a
War for Defence of Dominions not belonging to
the Crown. Perfons endeavouring to deprive the
next in Succeffion to the Crown from fucceeding,
and who attempt it by any Overt-act, are guilty of
High Treafon. Stat. 1 Ann. c. 2. And if any affirm
by Writing, &c. that the King or Queen of Eng-
land cannot make Laws by the Authority of Parlia-
ment to bind the Crown, they are guilty of Treafon:
And Preaching or Speaking it incur a Pramunire.
4 Ann. c. 3. Affirming by Writing or Printing,
that any other Perfon hath Right to the Crown, o-
therwife than according to the Stat. 1 W. & M. &c.
is declared High Treafon. Stat. Ibid. There is no
Interregnum in this Kingdom; for when the Crown
defcends to the right Heir, he is Rex before Corona-
tion, as there must always be a King in whofe Name
Laws are to be maintained and executed. Hill. I Fac.
See Defcent of the Crown and King.
Cude. A Cule Cloth is a Chryfom or Face Cloth
for a Child baptized. Vide Chrifmale.
Cui ante Divoztíum, Is a Writ that a Woman di-
vorced from her Husband hath to recover her
Lands and Tenements which he had in Fee fimple,
or in Tail, or for Life, from him to whom her Huf
band did alienate them during the Marriage, when
fhe could not gainfay it. Reg. Orig. 233: FN. B.
240. And the Heir fhall have a Sur cui ante Divor
tium, where the Wife dieth before the Action
brought; as well as the fhall have a Sur cui in Vita :
But of an Eftate-tail, the Heir fhall not have Sur
cui in Vita ante Divortium, but ſhall be put to his For-
medon in the Defcender. New Nat. Br. 454.
•
Cuí in Wita, Is a Writ of Entry, which a Wi-
dow hath against him to whom her Husband alie-
nated her Lands or Tenements in his Life time;
which must contain in it, that during his Life fhe
could not withstand it. Reg. Orig. 232. F. N. B. 193.
If Husband and Wife be Jointenants before the Co-
verture, and the Husband alieneth all the Land, and
dieth, the fhall have a Cui in Vita for a Moiety,
Crown.Dfice. This is an Office under the and no more: But if they are joint Purchaſers, du-
King's Bench, of which the King's Coroner or At-ring the Coverture, and he alien all the Land, and
torney there is commonly Mafter. The Attorney
General, and Clerk of the Crown exhibit Infor-
mations in this Office, for Crimes and Mifdemean-
ors; the one ex officio, and the other ufually by Or-
der of Court: And here Informations may be laid
for Offences and Miſdemeanors at Common Law, as
for Batteries, Confpiracies, Libelling, Nufances, Contempt,
Seditious Words, &c. wherein the Offender is liable to
pay a Fine to the King. Finch 340: Show. 109. By
Štat. 4 & 5 W. & M. c. 18. the Clerk of the Crown
in B. R. is not to receive or file any Information
for Trespass, Battery, &c. without exprefs Order of
Court; nor to Iffue any Procefs, without taking a
Recognizance in 201. Penalty to profecute with
Effect; and if the Party appear, and the Plaintiff
do not procure a Trial in a Year, or if Verdict pafs
for the Defendant, &c. the Court fhall award the
Defendant Cofts: But this A&t doth not extend to
Informations in the Name of the King's Coroner or
Attorney, &c. When a Battery is committed pri-
vately, fo that the Perfon receiving it can make no
Proof thereof by Witneffes at Law; it is ufual to
bring an Information in this Office, where the Par
ty may be a Witneſs for the King, it being his Suit.
Informations in the Nature of Quo Warranto's
brought by the Attorney General, againft Corpo
rations, &c. Vide Quo Warranto.
•
Cruftum, Was a Garment of Purple, mix'd with
many Colours.
Duas Patenas argenteas auro or-
natas, cum duobus Urceolis & Crufto aureo. Mon. Angl.
Tom. I. pag. 210.
Cry de País, On a Robbery or other Felony
done, Hue and Cry may be raiſed by the Country
in the Abfence of the Conftable, which is called
Cry de pais. 2 Hale's Hift. P. C. 100.
Crypta, A Chapel or Oratory under Ground:
Egreſſo toto Conventu, accepta abfconfa fi nox eft vadit per
Cryptam. Du Cange.
dieth, his Wife fhall have a Cui in Vita of the whole
Land; becaufe that during the Coverture, as to
Purchaſe, they are but one Perfon in Law. F. N. B.
187. And from this Reafon, if Husband and Wife,
and a third Perfon, purchafe jointly, and the Huf-
band alieneth all in Fee, and dieth, the Wife fhall
have a Cui in Vita of a Moiety. Ibid. Where the
Husband and Wife exchange the Lands of the Wife
for other Lands, if the Wife agree unto the Ex-
change after the Husband's Death, fhe fhall not
have a Cui in Vita. Alfo if the Wife do accept of
Parcel of the Land in Dower, of which ſhe hath a
Cui in vita, by that Acceptance fhe fhall be barred
of the Refidue. New Nat. Br. 430. If the Husband
and Wife lofe by Default the Wife's Lands, after
the Death of her Husband, fhe fhall have a Cui in
Vita to recover thofe Lands fo loft by Default,
F. N. B. 187. By Stat. 13 Ed. 2. c. 3. Cui in Vita is
given to the Wife where the deccafed Husband loft
her Lands by Default in his Life-time: And fhe
fhall be admitted to defend her. Right during
his Life, if the come in before Judgment. Like
wife if Tenant in Dower, by the Curtefy, or for
Life, do make Default, &c. the Heirs and they to
whom the Reverfion belongeth, fhall be admitted
to their Anfwer, if they come before Judgment:
And if on Default Judgment happen to be given,
fuch Heirs, &c. fhall have a Writ of Entry for Re-"
covery of the fame, after the Death of fuch Te-
nants. The Form of the Writ Cui in Vita runs thus :
Form of a Writ Cui in Vita.
EORGE the Second, &c. to the Sheriff, &c.
Culagíum, Is when a Ship is laid up in the Dock
to be repaired. MS. Arth. Trevor Arm. de Plac.
Edw. 3.
Command A. B. that jufly, &c. he render to C. D.
who was the Wife of T. D. one Meffuage, with the Ap
purtenances in, &c. which she claimeth to be her Right
and Inheritance, and into which the faid A. B. hath not
Cuckingitool, (Tumbrellum) Is an Engine inven- entered, but by the aforefaid T. D. fometime Husband of
ted for the Puniſhment of Scolds, and unquiet Wo-her the faid C. D. who that to him demifed; whom she
men, by Ducking them in Water, called in an- in his Life time could not contradict, as she faith, &c.
cient Time a Tumbrel; and fometimes a Trebuchet.
Lamb. Eiren. lib. 1. cap. 12. And Bracton writes this
Word Tymborella. In Domefday it is called Cathedra
Stercoris: And it was in Ule even in our Saxons
Time, by whom it was deſcribed to be Cathedra, in Culprit, Is a Reply of a proper Officer in Be-
qua rixofa mulieres fedentes aquis demergebantur. It half of the King, affirming a Criminal to be Guil-
was anciently also a Punishment inflicted upon Brew-ty, after he hath pleaded Not guilty, without
ers and Bakers, tranfgreffing the Laws; who were which the Iffue to be tried is not joined: It is
thereupon in fuch a Stool immerged over Head and compounded of two Words, viz. Cul and Prit; the
Ears in Stercore, fome ftinking Water. Some think it one an Abbreviation of Culpabilis, and the other
is a Corruption from Duckingflool; others from derived from the French Word Preft, i. e. Ready;
Choakingstool; quia hoc modo demerfa aquis ferè fuffocan- and 'tis as much as to fay, That he is ready to prove
tur. Blount.
the Offender guilty.
I
Cultura,
!
CU
CU
3
Cultura, This Word is often found in old
Curfeu, (of the Fr. Couvrir, i. c. Tegere, and Feu,
Writings, and fignifies a Parcel of arable Land. Ignis) Signifies the Ringing of a Bell, or Evening
Peal, by which William the First, called the Con-
Blount.
1212.
Culvertage, (Culvertagium) Is faid by fome Perqueror, commanded every Perfon to rake up or cover
fons to be derived from Culum & Vertere, to turn over his Fire, and put out his Light: And in many
Tail: And in this Senfe, fub nomine Culvertagii, was Places of England at this Day, where a Bell is cufto-
taken to be on Pain of Cowardice, or being account-marily rung towards Bed-time, it is faid to Ring
ed Cowards. But in the Opinion of others, it rather Curfew. Stow's Annals.
fignifies fome bafe Slavery, or the Confifcation of Curia, The Word was fometimes taken for the
an Estate; being a Feudal Term for the Lands of Perfons, as fcudatory and other customary Tenants,
the Vaffal forfeited and efcheating to the Lord: who did their Suit and Service at the Court of the
And fub nomine Culvertagii, in this Signification, Lord. Kennet's Paroch. Antiq. 139. And it was ufual
was under Pain of Confifcation. Matt. Parif. Anno for the Kings of England, in ancient Times, to af
femble the Bishops, Peers, and great Men of the
Kingdom to fome particular Place, at the chief
Feſtivals in the Year, and this Affembly is called
by our Hiſtorians Curia; becauſe there they conful-
ted about the weighty Affairs of the Nation. And
Cuneus, A Mint or Place to coin Money: Cu- it was therefore called Solemnis Curia, Auguſtalis Curia,
neum Monetum fignifies the King's Stamp for Coin-Curia Publica, &c. See Court.
age; and from the Word Cune, is derived Coin. Sce Curia advifaré vult, Is a Deliberation which a
Court of Judicature fometimes takes, where there
is any Point of Difficulty, before they give Judg-
ment in a Caufe. New Book Entr. And when Judg-
ment is ftaid, upon Motion to arreft it; then 'tis
Jentered by the Judges Curia avifare vult. Shep. Epit.
Culward and Culberd, Words used for a Cow-
ard, or Cowardice. Chart. Temp. E. 1.
Cuna Cerviſiæ, A Tub of Alc. Domeſday. But this
Word is truly Cuva.
Coin.
-
Cuntey-Cuntey, Is a Kind of Trial, as appears
by Bracton, in thefe Words; In Brevi de Recto, nego-
tium terminabitur per Cuntey Cuntey, c. which is
taken to be the Ordinary Fury. Bra&t. lib. 4. tract. 3
C. IS.
•
Curagulus, One who taketh Care of a Thing.
Mon. Ang. Tom. 2.
Cura Monafterii, An Officer fo called, who had
the Charge of a Monaftery.
3
682.
Curía Curfus quæ, A Court held by the Lord
of the Manor of Gravesend for the better Manage-
ment of Barges and Boats ufing the Paffage on the
River of Thames from thence to London, and ply-
Curate, (Curatus) Is he who reprefents the Incum-ing at Gravefend Bridge, &c. mentioned in the Stat.
bent of a Church, Parfon or Vicar, and officiates 2 Geo. 2. c. 26.
Divine Service in his Stead: And in Cafe of Plura-
Curia Claudenda, Is a Writ to compel another
litics of Livings, or where a Clergyman is old and to make a Fence or Wall, which he ought to make
infirm, it is requifite there fhould be a Curate to between his Land and the Plaintiff's, on his refu-
perform the Cure of the Church. He is to be li-fing or deferring to do the fame. Reg. Orig. 155. This
cenfed and admitted by the Bishop of the Dioceſe, Writ doth not lie but againft him who hath a Clofe
or by an Ordinary, having Epifcopal Jurifdi&tion: adjoining to the Plaintiff's Land, who is obliged to
And when a Curate hath the Approbation of the enclofe ir; and it lieth not but for him who hath
Bishop, he ufually appoints the Salary too; and in a Freehold, c. It may be fued before the Sheriff
fuch Cafe, if he be not paid, the Curate hath a pro- in the County Court, or in the Common Pleas: And
per Remedy in the Ecclefiaftical Court, by a Se- the Judgment is to recover the Incloſure and Da-
queftration of the Profits of the Benefice; but if he mages. New Nat. Br. 282, 283.
hath no Licenſe from the Bishop, he is put to his Curia Domini, The Lord's Houfe, Hall or
Remedy at Common Law, where he must prove the Court, where all the Tenants attend at the Time
Agreement, &c. Right Clerg, 127. By Statute, where of keeping Courts.
Curates are licenfed by the Bishop, they are to be Curia Denticiarum, Is a Court held by the She-
appointed by him a Stipend not exceeding 50l. per riff of Chefter, in the Place there called the Pendice
Ann. nor less than 201. a Year, according to the of Pentice: And 'tis probable its being originally
Value of the Livings, to be paid by the Rector or kept under a Pent-house, or open Shed covered with
Vicar: And the fame may be done on any Com-Boards, gave it its Denomination.
plaint made. Stat. 12 Ann. c. 2. One Perfon can- Curnock, A Meafure containing four Bufhels, or
not be Curate in two Churches, unleſs fuch may fa- Half a Quarter. Fleta, lib. 2. cap. 12.
tisfy the Law, by Reading both Morning and Even- Curriers, Are Perfons that curry and drefs Lea-
ing Prayers at each Place: Nor can he ferve one ther. No Currier fhall uſe the Trade of a Butcher,
Cure on one Sunday, and another Cure on the Tanner, &c. or fhall curry Skins infufficiently tan-
next; for he must not neglect to read Morning and ned, or gafh any Hides of Leather, on Pain of For-
Evening Prayer in his Church every Lord's Day; feiting for every Hide or Skin 6 s. 8d. And Perfons
if he doth he is liable to Puniſhment. Comp. Incumb. in London putting Leather to be curried to any but
572. But it is otherwife where a Church or Cha-Freemen of the Curriers Company; and fuch Cur
pel is a Member of the Parish Church; and where riers not currying the Leather fufficiently, fhall
one Church is not able to maintain a Curate. Can. forfeit the Wares, or the Value, . Stat. 1 Fac. 1.
48. A Curate having no fixed Eftate in his Curacy, The Claufe relating to Freemen is repealed; but if
not being inftituted and inducted, may be removed any Currier do not curry Leather fent him, within
at Pleaſure by the Bishop or Incumbent. Noy. But Sixteen Days between Michaelmas and Lady-Day,
there are Perpetual Curates, as well as temporary, and in Eight Days at other Times, on Conviction
who are appointed where Tithes are impropriate, before a Juftice, he fhall Forfeit 51. to be le-
and no Vicarage endowed: Thefe are not remove- vied by Diftrefs, &c. yet fubject to Mitigation.
able; and the Impropriators are obliged to find them, 12 Geo. 2. c. 25. Curriers and fuch as deal in Lea-
fome whereof have certain Portions of the Tithes ther, may cut and fell it in fmall Pieces in their
fettled on them. Stat. 29 Car. 2. Every Clergyman Shops to any Perfons whatfoever. Stat. Ibid.
that officiates in a Church, (whether Incumbent or
Subſtitute) is in our Liturgy called a Curate: Curates
muft fubfcribe the Declaration, according to the
A&t of Uniformity, or are liable to Imprifonment,
Coac
Currículus, The Year, or Courfe of a Year:
Actum eft hoc annorum Dominica incarnationis quatuor
quinquagenis & quinquies, quinis Luftris, & tribus
Curriculis. This is the Year 1028; for four
Times 50 makes 200, and five Times 200 makes
G g B
1000.
:
C U
CU
1000. Then five Luftra are twenty-five Years, and
three Curriculi, three Years, making in all the very
Year.
·
out any Iffue living, before the Day of Payment:
It was here held, that her Husband fhould be Te-
See
nant
Curlitoss, (Clerici de Curſa) Clerks belonging to it by the Curtely. 1 Leon, cap. 233. See Kitch.
the Chan éry who make our original Writs; and
Chamery,
are called Clerks of Coufe, in their Oath appointed
!S Eds. There are of thefe Clerks twenty-four in
Number, which make a Corporation of themselves;
and to each Clerk is allotted a Divifion of certain
Counties, in which they exercife their Functions.
2 Inst. 670.
to
Curlones terræ, Is uſed for Ridges of Land. 14
Ed 20 tea
*..
> Curlogiæ, A fort of light Ships, or fwift Sailers:
This Word is mentioned in Hoveden, R. 1. Applicue
runt ibi Naves Bufcie 500. exeptis Galeis & Curfo-
riis, &c.
<
4
159.
Curteyn, (Curtand) Was the Name of King Ed-
ward the Conf for's Sword; which is the firtt Sword
carried before the Kings of England at their Coro-
nation. And it is faid the Point of it is broken as
an Emblem of Mercy. Mat. Parif. in Hen. 3.
Curtilage; (Curtilagium, from the Fr. Cour, Court,
and Sax. Leagh locus) Is a Court Yard, Back-fide,
or Piece of Ground lying near and belonging to a
Dwelling houfe. 4 Ed. 1. cap. 1. 35 H. 8. c. 4. 39 Eliz.
c. 10. 6 Rep. 64. Mibi dici videtur Curtilagium
à Curtillum & ago, fcil. locus ubi Curtis vel Curtilli
negotium agitur. Spelm. And though it is faid to be
a Yard or a Garden, belonging to a Houfe; it ſeems
to differ from a Garden, for we find, cum quodam
Gardino & Curtilagio. 15 Ed. 1. n. 34
:
Cultantia, The fame with Cuftagium, which fig-
Cuftode admittendo, and Cullode amovendo,
Writs for the Admitting or Removing of Guardi-
ans. Reg. Orig.
Cuftodes Libertatis Angliæ Buthozitate Parlia
menti, Was the Style in which Writs and all judi-
cial Procefs did run during the Grand Rebellion,
from the Murder of King Charles I. till the Ufur-
per Oliver was declared Protector, &c. mentioned
and declared traiterous, by Statute 12 Car. 2. c. 3.
Cuftodiam dare, Was taken for a Gift or Grant
for Life. Du Cange.
Curtesy of England, (Jus Curialitatis Anglia) Is
where a Man taketh a Wife feifed in Fee-fimple,
or Fee-tail general, or as Heiress in fpecial Tail, Curtiles Terre, Court-Lands. It is recorded,
and hath Iffue by her, Male or Female, born alive, that among our Saxon Anceſtors, the Thanes or No-
which by any Poffibility may inherit, and the Wife bles who poffeffed Bockland, or hereditary Lands,
dies; the Husband holds the Lands during his Life; divided them into Inland and Outland: The Inland
and is called Tenens per Legem Anglia, or Tenant by was that which lay moft convenient for the Lord's
the Curtefy of England; because this Privilege is not Manfion-house; and therefore the Lords kept that
allowed in any other Country, except Scotland, now Part in their own Hands, for Support of their Fa-
belonging to England. And four Things are requi-milies, and for Hofpitality: Afterwards the Nor-
fite to give an Eltate by the Curtesy, viz. Marriage, mans called thefe Lands Terras Dominicales, the De-
Seifin of the Wife, Iffue, and Death of the Wife. mains, or Lord's Lands: The Germans term'd them
1 Inft. 30. If Land defcend to the Wife, after the Terras Indominicatas, Lands in the Lord's own Ufe;
Husband hath Iffue by her; or if the Iffue be dead And the Feudifts, Terras Curtiles, Lands appropriate
at the Time of her Death, being born alive; the to the Court or Houſe of the Lord. Spelm. of Feuds,
Husband fhall be Tenant by the Curtefy. Alfo if cap. 5.
a Child is born alive, 'tis not material whether 'tis
baptifed, or ever heard to cry, to make the Hufnifies Cofts.
band Tenant by the Curtefy; for if 'tis born alive,
tis enough. 1 Nelf. Abr. 578. But the Child muft
be fuch as by Poffibility may inherit; and there-
fore if Land be given to a Woman, and the Heirs
Male of her Body, and fhe takes Husband and hath
Iffue a Daughter, and dies; as this Iffue cannot
poffibly inherit, the Husband ſhall not be Tenant
by the Curtesy. Terms de Ley 206. If the Child is
rip'd forth of the Mother's Belly, after her Death,
tho' it be alive, it will not entitle Tenancy by the
Curtefy; for this ought to begin by the Iffue, and be
confummate by the Death of the Wife, and the Eſtate Custom, (Confuetudo) Is a Law not written, efta-
of Tenant by the Curteſy ſhould avoid the immedi- blifhed by long Ufage, and the Confent of our An-
ate Defcent. Ibid. A Man fhall not be Tenant by ceftors. No Law can oblige a People without their
the Curteſy of a bare Right, Title, Ufe, Reverſion, Confent: So where-ever they confent and ufe a cer-
c. expectant upon an Eftate of Freehold, unlefs tain Rule or Mothod as a Law, fuch Rule, &c. gives
the particular Eftate is determined during the Co-it the Power of a Law; and if 'tis univerfal, then
verture; nor of a Seifin in Law: But if a Wife dies 'tis Common Law; if particular to this or that
before a Rent becomes due; or in the Cafe of an Place, then 'tis Cuftom. 3 Salk. 112. And as to the
Advowfon, before the Church becomes void; the Rife of Customs, when a reaſonable A&t once done
Husband fhall be Tenant by the Curtefy, though the was found to be good and beneficial to the People,
Wife had only a Seifin in Law; for in this Cafe no then did they ufe it often, and by frequent Repeti-
other Seifin could be attained. F. N. B. 149. 1 Inft. tion of the A&, it became a Custom; which being con-
29, 30, 40. There is no Tenancy by the Curtesy of tinued without Interruption Time out of Mind, it ob-
Coybold Lands, except there be a fpecial Custom tain'd the Force of a Law, to bind the particular
for it. And where a Husband is entitled to this Tc- Places, Perfons, and Things concerned therein. Thus
nancy, if after the Wife is an Ideot, and her E-a Cuftom bad Beginning and grew to Perfection :
ftate in the Land found; when the dies, he fhall And a good Custom must be grounded on Antiquity,
not be Tenant by the Curtefy, for the King's Title Continuance, Certainty, and Reafon; Antiquity,
by Relation prevents it. Plowd. 263. If the Wife
be feiſed in Fee of Lands, and attaint of Felony,
but have Iffue by her Husband, and fhe is hanged,
c. 'tis faid the Husband fhall be Tenant by the
Curtesy: But yet the Land will be forfeited accord-
ing to this Book. Kitch. 159. 21 Ed. 3. 49. A
Woman feifed of Land had two Daughters, and co-
venanted to ſtand feifed to the Ufe of E. her eldeft
Daughter in Tail; on Condition that ſhe ſhould pay
to her other Daughter within a certain Time 300l.
And if E. made Default, or died without Iffuc be-
fore fuch Payment, then the Land to go to the
fecond Daughter; the Mother dying E. took a
Husband, and had Iffue, and died afterwards with
for that it hath been Time out of Memory, or
threefcore Years, as limited by Statute; and
Time out of Mind is where no Man then living
hath heard or known any Proof to the contrary
If two or more Witneffes can depofe that they heard
their Fathers fay it was a Cuftom all their Time;
and that their Fathers heard their Grandfathers fay
it was fo alfo in their Time; it is enough for the
Proof of a Custom. Blount. Davis Rep. 32. Continu-
ance of a Custom ought to be without any Interrup-
tion Time out of Memory; for if it be difconti-
nued within Time of Memory, the Cuftom is gone.
Certainty, a Cuftom must be certain, becauſe an un-
certain Thing may not be continued Time out of
I
Mind
CU
:
CU
.0
}
1
"
***
-
+
fhall be determined by Jury. Doct. & Stud. c. 7, 10.
1 Inft. 110. Confuetudo pro Lege fervatur, &c. faith
Bracton, lib. 3. c. 3. And Custom is faid to be altera
Lex:. But the Judges of the Court of B. R. or C. B.
can over-rule a Custom though it be one of the Cu-
ftoms of London, if it be againft natural Reafon, &c.
Mod. 212.
Mind: And Custom must be reaſonable, for unreafon-jof the Husband's Lands, c. Alfo by Cuftom, an In.
able Things are unlawful. Customs have four infepa- fant may make a Féoffment, at the Age of Fifteen.:
rable Incidents: They are to have a reaſonable And Infants may bind themſelves Apprentices, &c.
Commencement; to be certain, and not ambigu 2 Dano Abr. 438. Regularly a Man cannot alledge
ous; to have uninterrupted Continuance; and not a Custom againit a Statute, becaufe that is the highest
be against the King's Prerogative. And the two Matter of Record in Law: But a Custom may be al-
Pillars of Custom, are common Ufage, and that ledged against a negative Statute, which is made in
they be Time out of Mind. Davis 32. 4 Leon. 384. Affirmance of the Common Law. 1 Inft. 115. And
A Custom contrary to the publick Good; or inju- Acts of Parliament do not always take away the
rious to a Multitude, and beneficial only to fome Force of Customs. Custom pleaded againſt Custom
particular Perfons, fuch Custom is repugnant to the is not good. 2 Danv. 436. A Custom is to be pofi-
Law of Reaſon, and confequently void. Dav. 1. Cu-tively alledged, by Ufage' in Fact. Lutw. 1319. Ge-
ftoms ought to be beneficial to all, but may be good neral Customs which are ufed throughout England,
where against the Intereft of a particular Perfon, if and are the Common Law, are to be determined
for the publick Good. Dyer 60. A Cuftom is not un-by the Judges: But Particular Customs, fuch as are
reaſonable for being injurious to private Perfons or ufed in fome certain Town, Borough, City, Pr.
Intereſts, ſo as it tends to the general Advantage of
the People. 3 Salk. A Cuftom may be good in fome
Cafes, where a Preſcription is not: But Customs that
are good for the Subftance and Matter of them,
may yet be bad for the Manner; if they are incer
tain, or mix'd with any other Cuftom that is unrea-
fonable, c. 2 Bulft. 166.
2 Bulft. 166. 2 Brownl. 198. Custom
that every one who paffeth over fuch a Bridge, Custom of London. The City of London hath di-
within the Lord's Manor, and which the Lord doth vers particular Cuſtoms, different from any other
repair, fhall pay him one Penny, is a good Custom; Place. By the Custom of London, when a Citizen
but if it be to pay the Lord 12 d. it will be naught, and Freeman dies, his Goods and Chattels fhall be
for it is unreasonable. Calth. Cop. 35. 1 Bulft. 203. A divided into three Parts; the Wife to have one Part;
Cuſtom that a Lord fhall have within his Manor Li- the Executors another, to diſcharge Legacies, &c.
beram faldam, or throughout the Village; and that and the Children unprovided for, the other third
no other fhall have it but by Agreement with him, Part. 2 Danv. Abr. 311, 312. If a Freeman of Lon-
and if any take it, the Lord may abate the fame; don hath no Wife, but Children, the Half of his
this hath been held a good Custom. 1 Rol. 560. The Perfonal Eftate goes to them, and he may difpofe
Custom of a Place, for all the Inhabitants of the of the other Moiety; fo if he have a Wife and no
Parish, to have Common in a great Waſte of the Children, the Half belongs to her; but if he have
Lord's for all Manner of Beafts all the Year; and both Wife and Children, then one third Part belongs
to have Liberty to Water them in fuch a Pond, to the Wife, another third to the Children, and he
and when the Pond was foul, to cleanfe it, was may difpofe of the other third; and if he dies In
adjudged good. Mich. 4 Fac. 1. 2 Brownl. 293. A teftate, the remaining third is to be diftributed
But fee
Cuftom, that a Tenant of a Manor fhall grind all according to the Statute. 2 Nelf. 1139.
the Corn they spend in their own Houſes, in the 11 Geo. I. c. 18. An after-born Child fhall come in
a Free-
Lord's Mill, &c. is good: But Cuftom that every with the others, for a Customary Share f
Inhabitant of a Houſe held of the Lord, thall grind man's Eftate. And where any Child dies, before
the Corn that he ſpends, or fhall fell, at his Mill, is one and twenty, his Share furvives to the other
void. Moor, cap. 1217. Hob. 149. Custom to have a Children; but in Cafe he die after that Age, at
common Bakehoufe in a Manor or Parish, for all which Time he might make a Will of it, there on
the Tenants or Inhabitants, is a good Cuftom. 2 his dying Inteftate, it shall go according to the
Bulft. 198. Cuftom is, and muft always be alledg'd Statute of Diftributions. Preced. Canc. 499, 537. A
to be in many Perfons, and fo it may be claimed Devife or Settlement of Lands, does not bar a Child
by Copyholders, or the Inhabitants of a Place, of his Part of the Perfonal Eftate by the Cuftom:
and when it is claimed, it must be as within fuch a But where a Wife is to have a certain Sum out of
County, Hundred, City, Borough, Manor, Pariſh, the Husband's Eſtate, it ſhall be intended in Satis-
Hamlet, &c. Co. Lit. 110, 113 4 Rep. 31. A good faction of her Share. 2 Vern. 753. 1.Chan. Caf. 160.
Cuſtom or Preſcription hath the Force of a Grant; A Freeman of London dies without Iffue, his Wi-
as where one and his Ancestors have had a Rent dow is to have her Widow's Chamber, and a Moi-
Time out of Mind, and ufed to diftrain, &. But ety of the Reft of the Eftate; and in an extraordi-
a Cuſtom that begins by Extortion of Lords of Ma-nary Cafe, fhe was allowed the Benefit of the
nors, is Judged wanting a lawful Commencement, other Moiety for Life, by Virtue of her Husband's
and therefore void: And where Custom is amongst Will. 1 Vern. 132. 2 Vern. Rep. 110. By the Sta-
many, and they are all dead but one, the Custom is tute 11 Geo. I. Freemen by Will may now gi e
gone. Plow. 322. Dyer 199. Customs must be construed and Difpoſe of their Perfonal Eftates, to whom
according to vulgar Apprehenfion: And are to be they think fit; yet if they die Inteftate, fuch Eftates
taken ftri&tly, being in Derogation of the Common fhall be fubje&t to, and be diftributed agreeable to
Law. 2 Roll. Abr. 270. They are not good which are the Cuftom of the City. Where a Freeman dies, and
meerly in the Negative; but if mixed with an Af-leaves Orphan-Children under Age, unmarried, the
firmative, they may be good. 1 Roll. 565. A Custom Court of Orphans hath the Cuftody of their Bodies
which may be intended to have had lawful Begin- and Goods, by the Custom of London: It is also the
ning, is a good Custom; otherwife not: Nor will fame, tho' he dies, or the Children were born out
Continuance of Time make Malum in fe good. 1 Lill. of London. I Mod. 8o. By the City Custom, A&tion
Ab. 375. Customs against common Right and the Rule on the Cafe lies for calling a married Woman
of Law, are held good. 8 Rep. 126. The Law takes Whore; for in London fuch Woman may be carted:
Notice of Customs of Gavelkind, c. which alter And this reaches to all the Inhabitants within London.
Defcents from the Common Law, in Favour of all 2 Danu. 310. 1 Lill. 378. A Woman that uſeth a
the Sons, &c. And Custom for an eldeft Daughter to Trade in London, without her Husband, is chargea-
inherit, or a youngeſt Son, may be good: For thefe, ble without him as a Feme Sole Merchant: She fall
though contrary to a particular Rule of Law, may plead as fole, and if condemned, be put in Prifon
have a reaſonable Beginning. 1 Nelf. Abr. 579. And till fhe pay the Debt; alfo the Bail for her are li-
by Cuftom a Woman may be endowed of a Moietyable, if the abfent herſelf; and the Husband ſhall
1
•
not
'
}
CU
CU
.
>
វ
not be charged. Privil. Londini. And if Action of, for all Merchandizes exported and imported. Ibid.
Trefpafs be brought against a Man and his Wife, 165. But that which is granted by Parliament, is
and the Wife only arrefted, &c. by the Cuftom of properly called a Subfidy; and fometimes granted
London, the Plaintiff may proceed against the Wife. to the King for Life; and there are ſeveral Sorts of
It is the Cuftom of the City of London, that where a thefe Subfidies, as Tonnage, a Duty granted out of
Perfon is educated in one Trade, he may fet up an- every Ton of Wine imported, which was firft grant-
other. 1 Saund. 312. If a Debtor be Fugitive, he ed by Parliament to King Edward III. And Poun-
may be arreſted by, the Custom of London, before the dage, a Subfidy granted for all Goods exported and
Day, to find better Security. Hob. 86. Where two imported, except Wines, &c. and is ufually the
Perſons are bound as Sureties for another, and Re- twentieth Part of the Value of the Goods, or 12 d.
covery is had against one of them, he may have Con- in the Pound, and this was first given to Hen 6. for
tribution against the other, by the City Laws. 2 Lifc. 1 Nelf. Abr. 583, 584. In the Reign of Ed
Danv. Abr. 310. Debts on fimple Contract will main-ward III. the Great Charter for free Traffick was
tain an Action in London, as well as Debts on Speci- confirm'd: And Anno 6 Ed. III. it was enacted, that
alty: And it is the Cuftom of the City, that A&tion no new Customs could be levied, nor ancient increa-
of Debt fhall be maintained upon fuch a Contract fed, but by Authority of Parliament. 2 Inft. 60 Bur
against Executors or Adminiftrators, who fhall be tho' the King cannot lay any Impofition on Mer-
chargeable therewith, as if it were upon a Bond or chandize without Confent of Parliament; yet by his
Obligation. 8 Co. Rep. 126. 5 Rep. 82. There is a Prerogative he may reſtrain Merchants from Trading
foreign Attachment, by the Custom of London, of without his Royal Licenfe. In the 14th Year of
Money, &c. in the Hands of a third Perfon, where Ed. 3. it was enacted in Parliament, that a Mark
one Man owes another any Debt, &c. See Attach-fhould be paid as Custom for a Sack of Wool. Anno
ment. By a Cuſtom of London, every Tenant at Will 4 H. S. Collectors were appointed of the Subfidy
of any Houſe above 40 s. per Ann. in the City, ought of Cloth of Gold, Silver, Velvet, &c. And 1 Eliz.
to give, or to have, half a Year's Warning, on leav-Duties were granted on Sweets, Wines, &c. And An.
ing it: And a Landlord recovered half Year's Rent, 12 Car. 2. The Subfidies of Tonnage and Poundage,
where the Tenant had left the Houfe, &c. without &c. were granted to King Charles during his Life; as
fuch Warning. Comber. 384. If any Cuftom of Lon- they have been fince to his Royal Succeffors, down
don be pleaded and denied, it fhall be tried by to his Majesty King George II. And many and various
Writ to the Lord Mayor and Aldermen, to cer- are the Duties of Cuftoms granted on foreign Goods
tify whether there be fuch a Custom; who fhall and Merchandize, in the Reigns of King James II.
make Certificate by the Mouth of their Re- K. William, Q. Anne, and his late and prefent Maje-
corder. Cro. Car. 516. The Courts at Westminster ty. The Tonnage Duty granted to King Charles II.
of Courſe take Notice of the Cuftoms of London ; bu was for every Tun of French Wine, brought into the
not of any other Place, without being alledged. Port of London, by Merchants natural Subjects, 4 1.
1 Rol. Rep. 106.
10s by Alien Strangers 6 for Malmfeys, Tents,
Custom of Merchants, Merchants giving Cha-Alicants, Sacks, Canaries, Malaga's, Madera's, and
raders of Strangers to thofe who fell them Goods, all other fweet Wines, by native Subjects, 21. 5 s.
are liable to the Debts of fuch Strangers for the the Ton, by Strangers and Aliens 3 1. c. The Poun-
Goods fold; by the Custom of Merchants. Lex Mercat.dage Duty was 12 d. in the Pound value for all
cap. 10. fol. 69. If two Perfons be found in arrear, Merchandize Geeds, according to the Book of Rates,
upon an Account grounded on the Custom of Ater-except Woollen Cloths made in England, and for all
chants, any one of them may be charged to pay the Woollen Broad Cloths, to be paid after the Rate of
whole Sum, that both were found in Arrear. 1 cach 64 Pounds in Weight, by Subjects 3 s. 4 d and
-Lill. Abr. 376. And if two joint Merchants occupy Strangers 6 s. 8d. Stat. 12 Car, 2. c. 4. If Goods and
their Stock and Merchandize in Common, one of Merchandize are brought by a Merchant to a Port
them naming himself a Merchant, fhall have an or Haven, and there Part thereof fold but never put
Account against the other, and charge him as Re-on Land, they must pay the Customs; and difcharg-
ceiver. Co. Lit. 172. By the Custom of Merchants, ing them out of the Ship into another upon the Sale,
where a Merchant orders his Factor to buy Goods amounts in Law to a putting them upon the Land,
of a particular Perfon, there the Merchant is Debt-fo that if the Cuftom Duties are not paid, the Goods
or, and not the Factor: But 'tis otherwife where will be forfeited. Hill. 24 Eliz. 12 Co. Rep. 18.
the Merchant orders his Factor to buy Goods gene-
rally, without faying of whom; here the Factor is
Debtor, tho' the Goods come to the Ufe of the
Merchant. 1 Lill. 376. The Custom of Merchants as
to Bills of Exchange, that the Indorfee fhall charge
the first Drawer before the Indorfor, &c. See Bill
of Exchange.
I
•
Ships and Veffels outward-bound, are not to take in
any Goods, 'till the Veffel, &c. is entered with the
Collector of the Cuftoms; and before Departure,
the Contents of the Lading is to be brought in un-
der the Hands of the Laders, c. Alfo when Ships
arrive from beyond Sea, the Mafters are to make
a true Entry upon Oath, of the Lading, Goods,
Customs, (Cuftuma) Are uſed for the Tribute or Ship, &c. under the Penalty of 100 1. And if any
Toll that Merchants pay to the King, for carrying concealed Goods are found after Clearing, for which
out and bringing in Merchandize. Stat. 14 Ed. 3. the Duties have not been paid, the Mafter of the
c. 21. They are Duties payable to the Crown for Veffel fhall be fubject to the like Penalty. Stat. 13
Goods exported and imported, and are due to the 14 Car. 2. Keepers of Wharfs, Keys, &c. land-
King of common Right; firft becauſe the Subje&ting or fhipping Goods, without the Prefence of fome
bath Leave to depart the Kingdom, and to export Officer of the Customs, fhall forfeit 100 1.
the Commodities thereof; fecondly, for the Intereft fifting Officers of the Cuftoms in the Execution of
which the King hath in the Sea, and as he is Guar- their Office, is liable to a Fine not exceeding 100 l
dian of, and maintains all the Ports, wherein the Stat. Ibid. But by 6 Geo. 1. Where Officers of the
Commodities are exported or imported; and laftly, Cuftoms are hindred in the Execution of their Duty,
for that the King protects Merchants from Enemies by Perfons armed to the Number of Eight, the
and Pirates. Dyer 43. The Word Customs compre- Offenders are to be tranfported for feven Years.
hends Magna & Antiqua Cuftuma, which is payable If any Goods are put into any Veffel to be carried
out of our own native Commodities, as for Wool, beyond Sea; or be brought from beyond Sea, and
Woodfells, and Leather; and Parva Cuftuma, which unfhipped to be landed, the Duties not being paid,
are Customs payable by Merchants, Strangers and nor agreed for at the Cuftom-Houfe; the fame fhall
Denizens; and thefe began in the Reign of Edw. I. be forfeited, one Moiety to the King, the other tọ
when the Parliament granted him 3 d. in the Pound the Seifor, &. And by late Statutes, Foreign Goods.
5
And re-
taken
CU
CU
+
ny falfe Entry, they fhall forfeit 100 l. and be in-
capable of any Employment under the King.
Stat. 13 & 14 Car. 2. c. 11. Alfo if any Officer of
the Revenue, fhall make any collufive Seifure of
foreign Goods, to the Intent the fame may eſcape
Payment of the Duties, he is to forfeit 5001. and
be incapable of ferving his Majefty; and the Im
porter and Owner fhall forfeit treble the Value of
the Goods fo collufively feifed, &c. 5 Geo. 1. c. 11.
Officers of the Cuftoms, &c. are not to trade in
Brandy, Coffee, &c. or any excifeable Liquor, on
Pain of 50 I. and Forfeiture of Offices.
c. 28. See Information.
12 Geo. I.
Cultoms and Services, Belonging to Tenure of
Lands, are fuch as Tenants owe unto their Lord;
which being with-held from the Lord, he may have
a Writ of Customs and Services. See Confuetudinibus
& Servitiis.
•
taken in at Sea, by any Coafting Veffels &c. fhall be
forfeited, and treble Value. To prevent clandeftine
running of Goods, foreign Brandy, &c. imported in
Veffels under 40 Tuns, the Veffel and Brandy to
be forfeited: If any Perfon conceal Run Goods,
he fhall forfeit them, and treble Value; and the
like Penalty is inflicted for offering fuch Goods to
Sale. S 11 Geo. I. The Commiffioners of the
Customs, &c. shall caufe all Goods feiled for unlaw-
ful Importation, or Non payment of Duties, to be
publickly fold; and damaged Wines for Diftilla-
tion, &c. And one or more Justices of Peace, of
the County where any Seifure fhall be made by
Officers of Run-Goods, &c. mentioned in Informa-
tions before them, may adminifter an Oath to any
Perfon skilled in the Nature and Quality of the
Goods, to view the fame, and make a Return of
the Species and Value; and after they fhall be con-
demned and fold. Stat. 12 Geo. 1. cap. 26. By the Cultos Bzevíum, Is the principal Clerk belong-
late Act, where three Perfons are affembled and ing to the Court of Common Pleas, whofe Office is to
armed with Fire-Arms, &c. to be affifting in the receive and keep all the Writs returnable in that
Running of Goods, they fhall be guilty of Felony Court, and put them upon Files, every Return by it
and transported; and 50 l. to be paid for appre- felf; and to receive of the Prothonotaries all the Re-
hending fuch Offenders, alfo the like Reward to cords of Nifi Prius, called the Poftea's; for they are
any of them for diſcovering others. All Perfons first brought in by the Clerk of Affife of every
two or more in Company, found paffing within five Circuit to the Prothonotary, who entered the Iffue
Miles from the Sea-Coafts, with any Horfes, Cart, in the Caufes, to enter the Judgment: And four
c. wherein are put above fix Pounds of Tea, or Days after the Return thereof, the Prothonotary
five Gallons of Brandy, or other foreign Goods of enters the Verdi&t and Judgment thereupon, into
30 1. Value, landed without Entry, and not having the Rolls of the Court; whereupon he afterwards
Permits, and who fhall carry offenfive Weapons, delivers them over to the Cuftos Brevium, who binds
c. or Affault any of the Officers of the Customs, them into a Bundle. He makes Entry likewiſe of
ſhall be adjudged Runners of Goods, and be tranfall Writs of Covenant, and the Concord upon every
ported as Felons, and all the Goods to be feifed and Fine; and maketh forth Exemplifications, and Co-
forfeited: And fufpected Perfons lurking near the pies of all Writs and Records in his Office, and of
Coafts, not giving a good Account of themfelves, all Fines levied. The Fines after they are engroffed,
may be fent by a Juftice to the House of Correction are divided between the Cuftos Brevium and the Chi-
for a Month; and Informers to have 20 s. for every rographer; the Chirographer always keeps the Writ
Offender fo taken. If any Perfon offers any Tea, of Covenant and the Note, and the Cuftos Brevium
Brandy, &c. to Sale, without a Permit, the Perfons the Concord and Foot of the Fine; upon which
to whom offered may feize and carry it to the next Foot of the Fine, the Chirographer caufeth the
|
Warchoufe belonging to the Customs or Excife; and Proclamations to be indorfed, when they are pro-
the Scifors fhall have a third Part, &c. And Water-claimed. This Officer is made by the King's Let-
men, Carmen, Porters, &c. in whofe Cuftody Run
Goods are found, fhall forfeit treble Value, or be
committed for three Months. Ships and. Veffels
from foreign Parts, having on Board Tea, or
Brandy, Rum, &c. in Casks under fixty Gallons,
(except for the Ufe of Seamen) found at Anchor,
or hovering near any Port, or within two Leagues
of the Shore, and not proceeding in their Voyages,
unleſs in Cafes of unavoidable Neceffity, all fuch
Tea, &c. fhall be forfeited. Perfons offering any
Bribe to Officers of the Caftoms, to connive at the
Running of Goods to forfeit 50 1. and obftructing
fuch Officers in entering or ſearching Ships, incurs a
Forfeiture of 100 l. And if an Officer be wounded
or beaten on board any Ship, the Offenders to be
transported, &c. Stat. 9 Geo. 2. c. 35. There is a
Drawback allowed Merchants for fome Goods and
Merchandize; and they have Allowances of fo much
per Cent, out of the Customs, where Goods are de-put him in Commiffion: And he may execute
fective, or receive Damage, &c.
ters Patent: And in the Court of King's Bench, there
is alfo a Cuftos Brevium & Rotulorum, who fileth fuch
Writs as are in that Court filed, and all Warrants of
Attorney, &c. and whofe Bufincfs it is to make out
the Records of Nifi prius, &c.
Cultos Placitozum Cozone, An Officer which
feems to be the fame with him. we now call Custos
Rotulorum. Bra&. lib. 2. c. 5.
Cultos Rotulozum, Is he who hath the Cuſtody of
the Rolls or Records of the Seffions of the Peace,
and allo of the Commiffion of the Peace itself. He
is always a Juftice of the Peace of the Quorum in
the County where appointed, and uſually fome Per-
fon of Quality: But he is rather termed an Officer
or Minifter, than a Judge. Lamb. Eiren. lib. 4. cap. 3.
p. 373. The Cuftos Rotulorum in every County is ap-
pointed by a Writing figned by the King's Hand,
which fhall be a Warrant to the Lord Chancellor to
his Office by Deputy; and hath Power to appoint
the Clerk of the Peace, &c. Stat. 37 H. 8. cap. 1.
By Stat. 1 W. & M. c. 21. The Cuftos Rotulorum is
to nominate and appoint the Clerk of the Peace;
but not to fell the Place, on Pain of forfeiting the
Office of Cuftos Rotulorum, and other Penalties, &c.
The Cuftos Rotulorum, two Juftices of Peace, and
the Clerk of the Peace, are to inrol Deeds of Bar-
gain and Sale of Lands of Papifts, &c. by 3 Geo. 1.
cap. 18.
By Statute, no Cuftomer or Comptroller of the Ca-
toms, fhall have any Ships of his own, or meddle
with the Freight of Ships. 14 R. 2. c. to. And no
Searcher, Surveyor, &c. or their Clerks, Deputies,
or Servants, may have any fuch Ships of their
own; nor fhall ufe Merchandize, keep a Wharf,
Inn or Tavern, or be Fa&tor, Attorney, &c. to a
Merchant, under the Penalty of 40 1. Stat. 20 H. 6.
c. 5. Customers, Collectors, or Comptrollers, fhall
not conceal Customs duly entered and paid, in Pain Cuftos of the Spiritualties, (Cuftos Spiritualitatis)
to forfeit the treble Value of Merchandize fo cufto- Is he that exercifeth the Spiritual or Ecclefiafti-
med, and to make Fine and Ranfon to the King. cal Jurifdi&tion of a Diocefe, during the Vacancy
3 H. 6. c. 3. If any Perfons employed about the of any See; who with us in England is the Arch.
Customs and Subfidies take a Bribe, or connive at a-bifhop by Prefcription: But (according to Gwin)
Hhh
fome
}
1
DA
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Tome Deans and Chapters challenge this Right by
ancient Charters from the Kings of this Land.
Cowel.
;
Wrong done him by the Defendant. Co. Lit. 2.57.
This Word Damage is taken in the Law, in two le-
veral Significations, the one Properly and Generally,
Cultos of the Tempoialties, (Cuftos Temporalium) the other Relatively: Properly, as it is in Cafes where
The Perfon to whofe Cuftody a vacant See or Ab-in Damages are founded upon the Statute of 2 H. 4.
bey was committed by the King, as fupreme Lord;
who as a Steward of the Goods and Profits, was to
give an Account to the Efcheator, and he into the
Exchequer His Truft continued till the Vacancy was
fupplied, and the Succeffor obtained the King's
Writ De Reftitutione Temporalium, which was ufually
after Confecration.
103
Cut-purle. If any Perfon clam & ferete and with
out the Knowledge of another, cut his Purfe or
pick his Pocket, and ſteal from thence to the Value
of 12 d. it is Felony excluded Clergy. 8 Eliz. 3 Inft.
68. See Felony.
c. 1. and 8 H. 6. c. 9. where Cofts are included with-
in the Word Damages, and taken as Damages: But
when the Plaintiff declares for the Wrong done to
him, to the Damage of fuch a Sum, this is to be ta-
ken relatively for the Wrong which paffed before the
Writ brought, and is affeffed by Reaſon of the
foregoing Trefpafs, and cannot extend to Cofts of
Suit, which are future and, of another Nature. 10
Rep. 116, 117. Greater Cofts may be given in fome
Cafes, than the Damages laid in the Plaintiff's De-
claration; for the Plaintiff's Declaration is only
for the Damage done him by the Defendant: But
the Cofts are given in Refpe&t of the Plaintiff's
Suit to recover his Damages, which may be fome-
times greater than the Damage. 1 Lill. Abr. 384,
Where the Plaintiff fhall have no more Cofts than
Damages, unless the Jury finds more than 40 s. in
Actions of Trefpafs, on the Cafe, c. See Stat. 43
Eliz. c. 6. 21 Fac. I cap. 16. In Action upon the
Cafe, the Jury may find lefs Damages than the Plain-
tiff lays in his Declaration; though they cannot
find more than is laid therein; if they do, it is
Cyclas, A long Garment cloſe upwards, and o-Error; but Colts may be increaſed beyond the Sum
pen or large below. Matt. Parif. Anno 1236. fpeak mentioned in the Declaration for Damages: Alfo
ing of the Citizens of London, tells us, they werehe Plaintiff may releaſe Part of the Damages, up-
Sericis veftimentis ornati, Cycladibus auri textis circun-
Cutts, Flat-bottomed Boats, built low and com-
modioully, ufed in the Channel for tranfporting of
Horfes. Stew. Annal. på 412.
Tufter of the Tallies, Is an Officer of the Ex-
chequer, to whom it belongs to provide Wood for
the Tallies, and to cut the Sum paid upon them,
Esc.
Cube, Is a French Word, in English Keeve, from
whence comes Keever, a Tub or Fat for Brewing.
Cowel.
dati.
Cynebote. This Word fignifies the fame with
Cenegild. Blount.
Cyfcbzyce, (Sax.) Irruptio in Ecclefiam. Leg. Eccl.
Canuti Regis.
¡D.
C
او
D31, (B) A Word Affirmative for Yes. Law Correds were recoverable, because nl Actions, no
Fr. Dict.
Dag, A Gun; un Dagg, a fmall Gun, or
gun. See Hague.
Dagenham-Breach, A Duty is granted on Coal
imported in London to repair the Walls, and Banks
thereof; to be collected and difpofed by Trustees,
Ec. Stat. 12 Ann. c. 17.
Dagus or Daís, The chief or upper Table in a
Monaftery; from a Cloth called Dais, with which
the Tables of Kings were covered.
Dakir. The Stat. 51 H 3. De Compofitione Ponde
rum Menfurarum afcertains a Laft of Hides to
confift of twenty Dakirs, and every Dakir of ten
Hides. See Dicker.
·
*
?
on entering up his Judgment. 10 Rep. 115. In Actions
upon any Bond, &c. for Non-performance of Cove-
nants, the Jury fhall affefs Damages for thofe
the Plaintiff proves broken; and the Plaintiff may
affign as many Breaches as he thinks fit. 89 W.
3. c 11. Damages are not to be given for that which
is not contained in the Plaintiff's Declaration; and
only for what is materially alledged. 1 Lill. 381.
In perfonal and mixed A&tions, Damages were re-
Damages none were de-
Hand-manded by the Count or Writ: Whereas in Actions
Perfonal, the Plaintiff counts Ad Dampnum for the
Injury; and if he recovers no Damages, he hath no
Cofts. 10 Rep. 111, 117. In a perfonal Action, the
Plaintiff fhall recover Damages only for the Tort
done before the Action brought; and therein he
counts for his Damage: In a real Action, he recovers
his Damages pending the Writ; and therefore never
counts for his Damages. 10 Rep. 117. By the Stat. of
Glouc. 6 Ed. 1. cap. 1. Damages are given in real
Actions, Affifes of Novel Diffeifin, Mort d' Ancestor, &c.
and fhall be recovered against the Alience of a Dif
feifor, as well as against the Diffcifor himſelf; and
Dalmatica, A Garment with large open Sleeves, the Demandant fhall have of the Tenant likewife
at first worn only by Bifhops, tho' fince made a Di Cofts of Suit; but not Expences for Trouble and
ftin&tion of Degrees; fo called, because it came o-Lofs of Time. 2 Inft. 288. If the Diffeiſor make a
Fcoffment in Fee, and the Diffeifee dieth, the Heir
riginally from Dalmatia.
of the Diffeifee fhall not recover Damages against
the Alienec, becauſe that Branch of the Stat. 6 Ed.
1. only provides for the Diffeifee's Remedy againſt
the Alienee, and not for his Heirs; though if a Per-
fon be diffeifed, and the Diffeifee dies, his Heirs
fhall recover Damages against the Diffeifor, from the
Death of his Anceſtor. 2 Inft. 286. And it is a Rule
upon this Statute, that in none of the Writs or Actions
therein mentioned, the Demandant ſhall recover Da-
mages but from the Death of his next immediate An-
ceftor. Ibid. 288. For the Infufficiency of the Dif
feifor, the Tenant ſhall Anſwer the Damages by this
Damage, (Damnum) Significs generally any Hurt A&t: And if the Diffeifor be able to yield Part and
or Hindrance that a Man receives in his Eftate not the whole Damages, both the Diffeiſor and Te-
But particularly, a Part of what the Jurors are to naut fhall be charged; and Judgment is given a-
enquire of and bring in, when an Action paffeth for gainft the Diffeifor and againſt the Tenant generally.
the Plaintiff For after Verdict given of the prin- 2 Inft. 284. 2 Dand. Abr. 448. When Damages dou-
cipal Caufe, the Jury are asked touching Cofts and ble or treble are given in an Action newly created
Damages, which comprehend a Recompence for by Statute; if no Damages were formerly recovera-
What the Plaintiff hath fuffered, by Means of theble, there the Demandant or Plaintiff fhall recover
Dalus, Dailus, Daila, A certain Meaſure of
Land.
Et totam Dailam Marifi tam de reffa
quam de prato, &c. Mon: Ang, tom. 2. p. 211. In fome
Places it is taken for a Dich or Vale, whence comes
Dale. The Dali prati have been eſteemed fuch nar-
row Slips of Pafture, left between the ploughed
Furrows in arable Land; which in fome Parts of
England are called Doles: The prefent Welch ufe this
Word for low Meadow by the River Side. And
this ſeems to be the original Name and Nature of
Deal in Kent, where Cafar landed, and fought the
Britains: Cæfar ad Dole Bellum pugnavit Nennius:
:
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;
thoſe
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·
Misdemeanor in executing a Writ of Enquiry; the
Court hath fometimes relieved the Defendant by a
new Writ of Enquiry. 2 Dany. 464. And where
Damages are exceffive, on Motion the Defendant
may have a new Trial. Style 465. 1 Nelf. Abr. 587.
In Battery, Imprifonment, and taking of Goods, a-
gainft three Perlons; one commits the Battery, an-
other the Imprisonment, the Third takes the Goods,
all at one Time, all are guilty of the Whole, and
to be charged in Damages. 3 Lev. 324. See 10 Rep.
66, 69. In Trefpafs against two, one comes and
pleads Not guilty, and it is found against him; and
afterwards another comes and pleads the like, and
is found Guilty by another Inqueft; in this Cafe,
the firft Jury fhall affefs all the Damages for the
Trefpafs. New. Nat. Br. 236. Trespass against di-
vers Defendants, they plead Not guilty feverally,
and the Jury finds them all Guilty: The Jury muft
affefs the Damages jointly, for it is but one entire
Trefpafs, and made joint by the Declaration: But
if in Trefpafs against two, the Jury finds one Guilty
of the Trespass at one Time, and the other Guilty
thereof at another Time, there feveral Damages
may be affeffed. If the Plaintiff himself confeffes
that they committed the Trefpafs feverally, then
the Writ fhall abate. 11 Rep. 5. Damages may be
feveral, where one Action of Trefpafs is brought
for two feveral Trefpaffes: And in Action on the
Cafe, Damages are divifible, and may be appor-
tioned according to the Wrong. I: Saund. 268. Alfo
in an Action on the Cafe upon two Promifes, entire
Damages may be given; though it be infifted that
Damages fhould be feveral upon cach Promife.
1 Roll. Rep. 423. But if Action is brought for two
feveral Caufes of Action, one of which is not action-
able, if entire Damages are given, the Verdict is
void: Contra if the Damages are fevered. And where
Damages are entirely affeffed, and they ought not
to be given for fome Part; no Judgment can. be
given on the Verdict. 10 Rep. 130.
↑
thofe Damages only, and fhall not have Cofts, being mages; though it is otherwiſe in Action on the Cafe,
a new Creation in Recompence where there was c. 2 Inst. 200. 2 Danv. 449. It hath been holden
none before: As upon the Stat. 1 & 2 P. & M. for that the judges may increafe, but not decreaſe Da-
driving of Diſtreffes out of the Hundred, &c. where-mages and this is, becauſe the Party may have an
by Damages are given, the Plaintiff fhall recover no Attaint. 2 Danu. 452. But where exceffive Da-
Cofts, only his Damages, becauſe this Action is new-mages have been given, or there hath been any
ly given. But in an Action upon the Stat. 8 H. 6.
of Forcible Entry, which giveth treble Damages,
the Plaintiff fhall recover his Damages and his Cofts
to the Treble, by Reafon he was entitled to fingle
Damages before by the Common Law; and the Sta-
tute, as Part of the Damages, encreaſes the Cofts
to treble; and when a Statute increaſes Damages,
Cofts fhall likewiſe be increaſed. 2 Inft. 289. 10 Rep.
116. In fome Cafes double treble Damages, &c.
are allowed: For not fetting forth Tithes; Diftreffes
wrongfully taken; Refcous, &c. Treble Damages
are incurred by Statute. Though if it be not found
by the Jury that the Plaintiff hath fuftained fome
Damage in Cafes where treble Damages, &c. are in-
Alicted by Law, no Damages can be awarded.
2 Danv. Abr. 449. And no Damages could be re-
covered at the Common Law, but against the
Wrong-doer, and by him to whom the Wrong was
done. 2 Inft. 284. Damages fhall be recovered in
Writ of Admeaſurement of Dower; but not in a
Writ of Admeaſurement of Pafture. 2 Danv. 457.
In Writ of Partition, by one Coparcener against
another, 'tis ſaid no Damages fhall be had: In a
Formedon, no Damages fhall be recovered; fo in a
Nuper Obiit, Writ of Account, Writ of Execution,
c. Ibid. 455, 456. Damages and Cofts are due in a
Writ of Annuity; and if the Jury find for the Plain
tiff, and do not affefs Damages, it will be Error;
though he may after Verdict releaſe the Damages,
and take Judgment for the Annuity. 11 Rep. 56.
Dyer 320, 369. Where Damages are awarded for
Delay of Execution, and being kept out of the
Money, they are ufually affeffed by allowing the
Party what lawful Intereft he might have. 1 Salk.
20S In real Actions, Damages are affeffed by Writ
of Enquiry: When the Jury find the Iffue for the
Plaintiff, they are to affefs the Damages. And in
Actions upon the Cafe, &c. where Damages are un
certain, it is left to the Jury to enquire of and tax
them: In Debt, which appears certain to the Court
what it is, the Damages affeffed by the Jury are
fmall, and the Maſter in B. R. taxeth the Cofts;
which is added thereto, and called Damages. 1 Lill.
390. When Judgment is given by Default, in Ac-out of all Damages exceeding five Marks, recovered
tion of Debt, the Court is to affefs the Damages,
and not the Jury: So if Judgment by Nil dicit, in
Action of Debt. And if on Demurrer for taking
Goods, c. it is adjudged for the Plaintiff, though
Damages are found by Writ of Enquiry, the Court
may increaſe or mitigate the Damages, becauſe the
Court might have awarded them without fuch Writ.
2 Danu. 452. In Writ of Trefpafs de Claufo fracto,
and when there is a Writ to enquire of Damages in
Treſpaſs; in Action on the Cafe for Slander, where
the Jury tax Damages, or in an Affife, the Judges
cannot increaſe nor abridge the Damages: 'Tis o
therwife on a Writ of Enquiry in Debe, Detinue,
Covenant, Mayhem and Battery; the Court may
increaſe or diminish the Damages. Fitz Damage 28.
Dyer 105. Fenk. Cent. 68. In Batteries and Wound-
ing, the Court may increaſe Damages given by the
Jury, on View of the Wound, or upon Affidavits
made thereof, &c. But it is faid, the Courts at Weft
minfter only can increaſe Damages in Action of Al-
fault and Wounding on View, &c. and not Juftices
of Nifi prius; tho' they may endorfe the Evidence
on the Poftea, and on fuch Evidence the Damages
be increaſed in the Courts above. 3 Salk. 115.
If Damages are too small, the Court hath Power to
increase them: Or if the Jury affefs no Damages,
where Verdict is found for the Plaintiff in A&tion of
Debt on Bond, &c. the Court may tax the Da
may
1
Damage-cleer, (Damna Clericorum) Was a Fce af-
feffed of the tenth Part in the Common Pleas, and
the twentieth Part in the King's Bench and Exchequer,
in thofe Courts, in Actions upon the Cafe, Cove-
nant, Trefpafs, Battery, &c. wherein the Damages
were uncertain; which the Plaintiff was obliged to
pay to the Prothonotary, or the Chief Officer of the
Court wherein recovered, before he could have Ex-
ecution for the Damages: This was originally a
Gratuity given to the Prothonotaries and their Clerks,
for drawing fpecial Writs and Pleadings; but it is
taken away by Statute, and if any Officer in the
King's Courts, take any Money in the Name of
Damage cleer, or any Thing in Lieu thereof, he ſhall
forfeit Treble the Value. Stat. 17. Car. 2. c. 6.
•
·
Damage-fefant, or Faifant, Is when a Stranger's
Beafts are found in another Perfon's Ground with
out his Leave or Licence, and there doing Damage,
by Feeding or otherwife, to the Grafs, Corn,
Woods, &c. In which Cafe, the Tenant whom
they damage, may diftrain and impound them, as
well by Night as in the Day, left the Beafts eſcape
before taken; which may not be done for Rent,
Services, &c. only in the Day-time. Stat. 51 H3.
Inft 142. If a Man takes my Cattle, and purs
them into the Land of another, the Tenant of the
Land may take thefe Cattle Damage-fefant, though
I who was the Owner, was not privy to the Cattle's
being there Damage fefant; and he may keep them
againſt me till Satisfaction of the Damages. 2 Danu.
Abr. 634. But if one comes to diftrain Damage-
fefant,
I
i
DA
DA
ם
Dare ad Bemanentíam, To give away in Fee,
or for ever. Glany. lib. 7. cap. 1. This feems to be
only of a Remainder.
Darvein, Is a Corruption from the Fr. Dernier,
viz. Ultimus; in which Senſe we uſe it: As Darrein
Continuance, &c.
fefant, and to feiſe the Cattle, and the Owner drives Dapifer, (à Dapes ferendo) Was at firſt a Domeſtick
them out before they are taken, he cannot diftrain Officer, like unto our Steward of the Houfbold; or ra-
them Damage fefant, but is put to his Action of ther Clerk of the Kitchen: But by Degrees it was uſed
Trefpafs; for the Cattle ought to be actually upon for any fiduciary Servant, efpecially the Chief
the Land Damage-fefant, at the Time of the Diftrefs. Steward or Head Bailiff of an Honour or Manor.
1 Inft. 161. 9 Rep. 22. He that hath but the Poffef There is Mention made in our ancient Records of
fion of, and no Title to the Land, may justify ta-Dapifer Regis; which is taken for Steward of the
king a Diftrefs Damage fefant. Plowd. 431. If a King's Houfhold. Cowel.
Man puts Cattle to Pafture at fo much a Week Dardus, i. e. A Dart: In Wales an Oak is called
with another, who after gives Notice that he willa Dar.
not have them there any longer; in this Cafe, the
Owner of the Ground may diftrain them Damage-
fefant, though the Cattle be in lawfully at firft: So
where a Leffee holds after his Efta e is ended. 43
E. 3. Kelw. 69. Beasts belonging to the Plough, or
Beafts of Husbandry, Sheep, Horfes join'd to a
Cart, and 'tis ſaid a Horſe with a Rider on it, may
be diſtrained Damage fefant, though not for Rent.
1 Sid. 422, 440. But the Owner may tender A- Date of a Deed, Is the Defcription of the Time,
mends, before the Cattle are impounded; and then viz. the Day, Month, Year of our Lord, Year of
the Detainer is unlawful: Alſo if when impounded the Reign, &c. in which the Deed was made.
the Pound door is open, the Owner may take them 1 Inft: 6. But the ancient Deeds had no Dates, only
out. 5 Rep. 76. A Greyhound may be taken Da- of the Month and the Year; to fignify that they
mage-fefant, running after Conics in a Warren: So were not made in Hafte, or in the Space of a Day,
a Man may take a Ferret that another hath brought but upon longer and more mature Deliberation.
into his Warren, and taken Conies with. If a Pcr Blount. If in the Date of a Deed, the Year of our
fon bring Nets and Gins though my Warren, I Lord is right, though the Year of the King's Reign
cannot take them out of his Hands. 2 Danv. 633. be mistaken, it fhall not hurt it. Cro. Fac. 261.
But if Men are rowing upon my Water, and en-Deed was dated 30th March 1701. without Anno Do-
deavouring with Nets to catch Fish in my feveral
Pifcary, I may take their Oars and Nets, and de-
tain them as Damage-fefant, to ftop their further
Fishing; though I cannot cut their Nets. Cro. Car
228.
·
Darrein Presentment, (Ultima Præfentatio) Sce
Affife of Darrein Prefentment.
A
mini and Anno Regni; and it was adjudged that both
the Year of the Lord and of the King were impli
citly in the Deed. 2 Salk. 658. A Deed is good,
though it hath no Date of the Day or Place, or if
the Date be mistaken, or though it hath an impof
fible Date, as the 30th of February, &c. But he that
doth plead fuch a Deed, without any Date, or with
Dam, A Boundary, or Confinement; as to dam
up, or dam out: Infra damnum fuum, within the
Bounds or Limits of his own Property or Jurifdic-an
tion. Bract. lib. 2. c. 37-
Stat. 12
Damilella, A light Damofel or Mifs.
Ed. 1. See Pimp Tenure.
Damnum abfque injuria. If one Man keeps a
School in fuch a Place, another may do fo likewife
in the fame Place, though he draw away the Scho
lars from the other School; and this is Damnum
abfque injuria; but he must not do any Thing to di-
fturb the other School. 3 Salk. 10.
·
Dan. Anciently the better Sort of Men in this
Kingdom had the Title of Dan; as the Spaniards
Don, from the Lat. Dominus.
Danegelt, or Dane-geld, (Danegildum) Is com-
pounded of the Words Dane and Gelt, the latter in
Dutch fignifying Money; and was a Tax or Tribute
of 1 s. and after of 25. upon every Hide of Land
through the Realm, laid upon our Anceſtors the
Saxons by the Danes, when they lorded it here.
Camd. Brit. 83, 142. According to fome Accounts,
this Tax was levied for clearing the Seas of Danish
Pirates; which heretofore greatly annoyed our
Coafts: But King Etheldred being much diftreffed by
the continual Invafions of the Danes, to procure his
Peace, was compelled to charge his People with
very heavy Payments called Danegelt, which he
paid to the Danes at feveral Times. Hoveden par. poft.
Annal. 344. Ingulph. 510. Selden's Mare Clauf. 190.
This Danegelt was releafed by St. Edward the Confef
for; but levied again by William the Firſt and Se
cond: Then it was releafed again by King Henry
the First, and finally by King Stephen. It is proba
ble that this ancient Tax might be a Precedent for
our Land-Tax of 3 s. and 45. in the Pound, when
first granted.
་
Danelage, Was the Law of the Danes when they
governed a third Part of this Kingdom. See Mers
chenlage.
Dangería, A Payment in Money made by Foreft
Tenants, that they might have Liberty to Plough
and Sow in Time of Pannage or Maft-feeding.
Manw. For. Laws.
impoffible Date, muft fer forth the Time when it
was delivered. 2 Rep. 5. 1 Inft. 46. If no Date of a
Deed be fet forth, it shall be intended that it had
none; and in fuch Cafe 'tis good from the Deli-
very; for every Deed or Writing hath a Date in a
Law, and that is the Day on which it is delivered:
And a Deed is no Deed till the Delivery, and that
is the Date of it. Mod. Ca. 244. 1 Nelf. Abr. 525.
An impoffible Date of a Bond, &c. is no Date at all;
but the Plaintiff muft declare on the Bond as made
at a certain Time: And if the exprefs Date be
infenfible, the real Date is the Delivery. 2 Salk.
463. Where there is none, or an impoffible Date,
the Plaintiff may count of any Date. 1 Lill. Abr.
393. If there be a miſtaken Date, or a Date be im-
poffible, &c. the Plaintiff may furmife a legal Date
in the Declaration, whereupon the Defendant is to
answer to the Deed, and not to the Date. Yelv. 194.
If a Deed bears Date at a Place out of the Realm,
it may be averred that the Place mentioned in the
Deed, is in fome County in England; and here the
Place is not traverfable; without this the Deed can-
not be tried. 1 Inft. 261. A Deed may be dated at
one Time, and fealed and delivered at another: But
every Decd fhall be intended to be delivered on the
fame Day it bears Date, unless the contrary is
proved. 2 Inft. 674. Though there can be no De-
livery of a Deed before the Day of the Date; yet
after there may. Telv. 138. So that a Deed may be
dated back on a Time paſt, but not at a Day to come.
See Deed.
Dative or Datif, (Dativus) Signifies that may be
Stat. 9
given or difpofed of at Will and Pleaſure.
R. 2. c. 4.
Dabata terræ, Dawach, A Portion of Land fo
called in Scotland. Skene.
Day, (Dies) Is a certain Space, of Time, con-
taining twenty-four Hours; and if a Fa&t be done
in the Night, you muft fay in Law Proceedings in
Note ejufdem Diei. Dierum alii funt Naturales, aliį
Artificiales: Dies Naturalis conftat de 24 horis, &
continet Diem Solarem & Notem, & eft fpatium in quo
fol
}
5
DA
DE
2
Days-man. In the North of England, an Arbi-
trator or elected Judge is ufually termed a Dies-
man or Days-man: And Dr. Hammond faith, that the
Word Day in all Idioms fignifies Judgment.
Dayeria, Dairy, from Day, Deie, Sax. Dag, was at
firft the Daily Yield of Milch-Cows, or Profit made
of them. In Lorrain and Champaign they use the
Word Dayer, for the Meeting of the Day-labour-
ing People to give an Account of their daily Work,
and receive the Wages of it. A Dairy in the North
is called Milkness; as the Dairy-maid is in all Parts
a Milk-maid: She is term'd Androchia by Fleta, lib. 2.
cap. 87.
fue de omnibus Exitibus & Proventibus de Dayri Domi-
Compotus Henrici D. Johanne axoris
ni Prioris de Burnceftre. Paroch. Antiq. 548.
fol progreditur ab Oriente in Occidentem, & ab occidente to be put without Day: But may be revived or re-
iterum in Orientem: Dies Artificialis, five folaris, in- continued by Re-fummons, Reattachment, &c.
cipit in ortu folis & definit in occafu. 1 Inft. 135. By Hawk, P. C. 300. Alfo by the Common Law, all
this Defcription, the natural Day confifts of twenty-Proceedings upon any Indictment, &, whereon no
four Hours, and contains the folar Day and the Judgment had been given, were determined by the
Night: And the artificial Day begins from the Rifing Demife of the King, and nothing remained but the
of the Sun, and ends when it fets. Day in legal Indictment, Original Writ, &c. which were put
Understanding, is the Day of Appearance of the Par-without Day, 'till re-continued by Re-attachment to
ties, or Continuance of the Suit where a Day is bring in the Defendants to plead de novo: Tho' this
given, &c. And there is a Day of Appearance in is remedied by Stat. 45 W. 3. c. 18. and i Ann.
Court by the Writ, and by the Roll; by Writ, c. 8. by which fuch Procefs, c. are to continue in
when the Sheriff returns the Writ; by Roll, when the fame Force after the King's Demife, as they
he hath a Day by the Roll, and the Sheriff returns would have done if he had lived.
not the Writ, there the Defendant to fave his Free-
hold, and prevent Lofs of Iffues, Imprisonment, &c. rifing and after Sun-fetting, is accounted Part of the
Day-light. In Refpect to Day-light, before Sun-
may appear by the Day he hath by the Roll. i Inft. Day by the Common Law; as to Robberies commit-
135. In real Actions there are Dies communes, com-red in the Day-time, when the Hundred is liable. 1
mon Days; and in all Summons there must be 15 Rep. 6. The Law regularly rejects all Fractions and
Days after the Summons before the Appearance: Divifions of a Day, for the Incertainty. 5 Rep. 1.
And before the Statute of Articuli fuper Chartas, in 1 Inft. 135. See Computation.
all Summons and Attachment in Plea of Land,
there fhould be contained 15 Days. 1 Inft. 134. As
to Offences in B. R. if the Offence be committed in
another County than where the Court fis, and the
Indictment be removed by Certiorari, there must be
fifteen Days between every Process and the Return
thereof; but if it be committed in the fame County
where the Bench fits, they may fit de Diem in Diem;
but this they will very rarely do. Ibid. There is a
Day called Dies Specialis, as in an Affife in the King's
Bench or Common Pleas, the Attachment need not
be fifteen Days before the Appearance; otherwife it
is before Juftices affigned: But generally in Affifes
the Judges may give a fpecial Day at their Pleafure,
and are not bound to the common Days; and thefe
Days they may give as well out of Term as within.
There is also a Day of Grace, Dies Gratia, and ge-
nerally this is granted by the Court at the Prayer
of the Demandant or Plaintiff, in whofe Delay it
is: But it is never granted where the King is Party,
by Aid Prier of the Tenant or Defendant; nor where
any Lord of Parliament, or Peer of the Realm is
Tenant or Defendant. And fometimes the Day
90.
that is quarto Die poft, is called Dies Gratia; for the Deadly Feud, Is a Profeffion of an irreconcile-
very Day of Return is the Day in Law, and to that able Hatred, 'till a Perfon is revenged even by the
Day the Judgment hath Relation, but no Default Death of his Enemy. It is mentioned in Stat. 43
thall be recorded till the fourth Day be paft; unlefs Eliz. c. 13. And fuch Enmity and Revenge were al-
it be in a Writ of Right, where the Law alloweth lowed by the old Saxon Laws; for where any Man
no Day but the Day of the Return. 1 Inft. 135. was killed, if a pecuniary Satisfaction was not made
There are feveral Return-Days in the Terms; and if to the Kindred of the Slain, it was lawful for them
either of them happen upon a Sunday, the Day folto take up Arms againft the Murderer, and revenge
lowing is taken inftead of it: For Sunday is Dies non themfelves on him: And this is called Deadly Feud,
Furidicus; and fo is Afcenfion-Day in Eafter Term, which 'tis conjectured was the Original of an Appeal.
St. John Baptift in Trinity Term, All Saints and All-Blount. Vide Feud.
Souls in Michaelmas Term, and the Purification of the
Virgin Mary in Hillary Term. Inft. 264 Days in
Bank are Days fet down by Statute, or Order of the Deaffozelted, This Word fignifies difcharged from
Court, when Writs fhall be returned, or when the being Foreft; or that is freed and exempted from
Party ſhall appear upon the Writ ferved. Stat. 51 the Foreft Laws. 17 Car. I. c. 16. Johannes
Hen. 3. 32 H. S. c. 21. And by the Statute de Anno Dei Gratia, &c. Volumes & firmiter præcipimus quod
Biffextili 21 H 3. the Day increafing in the Leap-Forefta de Brerewood & homines in illa manentes
Year, and the Day next going before are to be ac- hæredes eorum fint Deafforestati imperpetuum, &c. Dat.
counted but one Day. It is commonly faid that the 13 Martii Anno Regni noftri 5. There is likewife
Day of Nifi prius, and the Day in Bank, is all one Deawarrenata, as well as Deafforeftata; which is when
Day; but this is to be understood as to Pleading, a Warren is difwarrened, or broke up and laid in
not to other Purpoſes. 1 Inft. 135. If a Defendant Common. King Henry the Third, in a Charter to
appears, and the Court gives a Day to another the Citizens of London, grants to them,
Term; at which Day he makes Default, nò Judg-
ment fhall be given, but Procefs fhall be awarded
in this Cafe. 2. Dany. Abr. 476. But after Iffie
found for the Plaintiff at the Nifi prius, if a Day be
given in Banco, and the Defendant makes Default,
Judgment fhall be given against him. Ibid. 477. To
be difmiffed without Day, is to be finally difmiffed
the Court: And when the Juftices before whom
Caufes were depending, do not come on the Day to
which they were continued, whether fuch Abfence
be occafioned by Death or otherwife, they are faid
*
•
Daywere of Land. As much arable Land as
could be plough'd up in one Day's Work; or one
Fourney, as the Farmers ftill call it.
young Artificer who affifts a Malter Workman in
Hence any
Daily Labour, is called a Fourney-man.
vi Abbati & Conventui de Rading, tres Acras fex-
Confirma-
decim Daywere, de terra Arabili.
MS. f.
Cartular. Rading.
-
Dead Pledge, (Mortuum vadium) A Pledge of
Lands or Goods. Sce Mortgage.
Quod
tota Warrena de Stanes cum pertin. fuis fit Dewarrenata
& Deafforeftata in perpetuum. Placit. temp. Ed. 1.
and Ed. 2. MS. fol. 144.
1
Dean, (Decanus, from the Greek Aira Decem) Is
an Ecclefiaftical Governor or Dignitary, fo called
as he prefides over ten Canons or Prebendaries at
the leaft. And we call him a Dean, that is next un-
der the Bishop, and Chief of the Chapter, Ordina-
rily in a Cathedral Church, the Reft of the Society
being called Capitulum, the Chapter. As there are
two Foundations of Cathedral Churches in England,
•
I i
the
DE
DE
the Old and the New, the New erected by K. Henry any Perfon for whofe Life any Eftate hath been
VIII. fo there are two Means of creating thofe granted, remain beyond Sea, or is otherwife abfent
Deans: For thofe of the old Foundation, as the feven Years, and no Proof made of his being Li-
Dean of St. Pauls, York, &c. are exalted to their ving, fuch Perfon fhall be accounted naturally dead;
Dignity much like Bifhops; the King firft fending though if the Party be after proved living at the
out his Conge d' Efire to the Chapter to chufe fuch Time of Eviction of any Perfon, then the Tenant,
Dean, and the Chapter then chufing, the King af c. may re-enter, and recover the Profits. Stat. 19
terwards yielding his Royal Affent, and the Bishop Car. 2. c. 6. And Perfons in Reverfion or Remain-
confirming him, and giving his Mandate to inftal der, after the Death of another, upon Affidavit
him: Thoſe of the new Foundation, whofe Dean- that they have Caufe to believe fuch other dead,
eries were tranflated from Priories and Convents, may move the Lord Chancellor to order the Perfon
to Dean and Chapter, as the Deans of Canterbury, to be produced; and if he be not produced, he
Durham, Ely, Noravich, Winchester, &c. are donative, fhall be taken as dead; and thofe claiming may
and inftalled by a shorter Courſe, by Virtue of the enter, &c. 6 Ann. c. 18, A Man feifed in Fee of
King's Letters Patent, without either Election or Lands, made a Leafe in Reverfion to L. D. for 99
Confirmation; and are vifitable only by the Lord Years, to commence after the Deaths of F. D. and
Chancellor, or by fpecial Commiffion from the E. D. who had then a Leafe in Poffeffion for the
King: But the Letters Patent are prefented to the like Term, if they or either of them fo long lived:
Bishop for Inftitution, and a Mandate for Inftal-The Plaintiff pofitively proved the Death of F.D.
ment goes
forth. 1 Inft. 95. Davis 46, 47. There but as to the Death of E. D. the Proof was that he
are fome Cathedral Churches which never had a had been reputed dead, and no-body had heard of
Dean; as that of St. David and Landaff, where the him for fifteen Years paft, and the Defendant not
Bishop is Head of the Chapter, and in his Abfence being able to prove that he was alive at any Time
the Archdeacon: And there is alfo a Dean without within feven Years, this Cafe was adjudg'd' within
a Chapter, fuch as the Dean of Battel in Suffex: the A&t 19 Car. 2. Carthew 246. In Law Proceed-
Then there is a Dean without a Jurifdiction, as the ings, the Death of either Party, between the Ver-
Dean of the Chapel Royal, &c. In which Senfe this di&t and Judgment, fhall not be Error; ſo as Judg-
Word is applied to the Chief of certain peculiar ment be entered in two Terms. 17 Car. 2. c. 8.
Churches or Chapels. Spelm. There are four Sorts Where on the Death of Parties to a Suit, the Writ,
of Deans; a Dean who hath a Chapter, fuch as the &c. fhall abate, fee 8 & 9 W. 3. c. 10. and Abate-
Dean of Canterbury, &c. A Dean without a Chapment: Death of Judges, &c. Vide Day.
rer, as the Dean of Bocking, who hath a Court and De bene effe. To take or do any Thing de bene
Jurifdi&tion to hold Plea of all Ecclefiaftical Mat- effe, is in Law Signification to accept or allow it as
ters arifing in ſeveral Parishes within his Peculiar; well done for the Prefent; but when it comes to be
and who is conftituted by Commiffion from the more fully examined or tried, to ftand or fall ac-
Archbishop of Canterbury, like to the Dean of the Ar-cording to the Merit of the Thing in its own Na-
ches. The Dean of Battel, founded by William the ture. As in Chancery, upon Motion to have one of
Firft, ftiled the Conqueror, who hath Ecclefiaftical the lefs principal Defendants in a Caufe examined
Jurifdi&tion within the Liberty of Battel, and is as a Witnefs, the Court (not then thoroughly cxa-
prefentable by the Duke of Montague, and inftitu- mining the Juftice of it, or not hearing what may
ted and inducted by the Bishop of Chichester; but not be objected on the other Side) will often order fuch
fubject to his Vifitation. And Rural Deans, who a Defendant to be examined de bene eſſe, viz. That
had first Jurifdi&tion over Deaneries, as every Dio-his Depofitions fhall be taken, and allowed or fup-
cefe is divided into Archdeaconries and Deaneries; preffed at the Hearing of the Caufe, upon the full
but afterwards their Power was diminished, and Debate of the Matter, as the Court fhall think fit;
they were only the Bishops Subftitutes to grant Let. but in the Interim they have a Well-being, or condi-
ters of Adminiftration, Probate of Wills, &c. And tional Allowance. 3 Cro. 68. Where a Complain-
now their Office is wholly extinguifhed, for the ant's Witneffes are aged, or fick, or going beyond
Archdeacons and Chancellors of Bishops execute the Sea, whereby the Plaintiff thinks he is in Danger
Authority which rural Deans had through all the of lofing their Teftimony, the Court of Chancery
Diocefes of England. 1 Nelf. Abr. 596, 597. There will order them to be examined de bene eſſe; fo as to
are likewife Deputy Deans; and Commendatory Deans, be valid, if the Plaintiff hath not an Opportunity
who cannot confirm any Grants, &c. But a Com- of examining them afterwards; as if they die be-
mendatory Dean may with the Chapter chufe a fore Anfwer, or do not return, &c. In either of
Biſhop. And if a Dean be elected Bishop, and before which Cafes, the Depofitions taken may be made
Confecration doth obtain Difpenfation to hold his Ufe of in the Court of Chancery, or at Law: But if
Deanery in Commendam, fuch Dean may well con- Parties are alive and well, or do return, &c, after
firm, &c. for his old Title remains, and therefore Anfwer, thefe Depofitions are not to be of Force,
Confirmations, and other A&ts done by him as Dean, for the Witneffes must be re-examined. Practif.
are good in Law. Latch 237, 250. Palm. Rep. 460. A Attorn. Edit. 1. p. 232.
Dean and Chapter are the Bishop's Council, to affift
him in the Affairs of Religion, &c. to confult in de-
ciding difficult Controverfies, and confent to every
Grant which the Bishop fhall make to bind his Suc-
ceffors, &c. A Dean that is folely feifed of a di-
ftin&t Poffeffion, hath an abfolute Fee in him as well
as a Bishop. 1 Inft. 325. A Deanery is a fpiritual
Promotion, and not a temporal one, tho' the Dean
be appointed by the King: And the Dean and Chap-
ter may be in part Secular, and in Part regular.
Dyer 10. Palm 500. As a Deanery is a fpiritual
Dignity, a Man cannot be Dean and Prebendary in
the fame Church. Dyer 273. Sec Chapter.
Death of Perfons. There is a natural Death of
a Man, and a civil Death: Natural, where Nature
itfelf expires and extinguishes; and Civil, is where
a Man is not a&tually Dead, but is adjudged fo by
Law; as where he enters into Religion, &c. If
Debenture. A Soldier's Debenture (Stipendia Debi-
ta) is in the Nature of a Bond or Bill, to charge
the Government to pay the Soldier Creditor, or his
Affigns, the Sum due upon' the auditing the Account
of his Arrears; it was firft ordained by an Act
made during Oliver's Ufurpation, Anno 1649. and is
mentioned in the A&t of Oblivion, 12 Car. 2. cap. 8.
They ufe Debentures likewife in the Exchequer; and
Debentures are given to the King's Servants, for the
Payment of their Wages, Board-Wages, &c. Alfo
there are Custom-boufe Debentures, &c.
Debet Detinet, Are Latin Words ufed in the
Bringing of Writs and Actions. And an Action
fhall be always in the Debet & Detinet, when he who
makes a Bargain or Contra&t, or lends Money to
another, or he to whom a Bond is made, bringeth
the Action against him who is bounden, or Party to
the Contra&t and Bargain, or unto the Lending of
the
1
4
DE
DE
the Money, &c. But if a Man fells to another a
Horfe, &c. if he brings Debt for the Horfe, the
Writ must be in the Detinet only. New Nat. Br. 265.
In Debt against Husband and Wife, for a Debt due
from the Wife before Coverture, the Writ fhall be
in the Debet & Detinet: So in Debr against or for
Succeffors, in Refpe&t of Obligations made to the
Predeceffor, &c. Ibid. Debt against an Heir, is to. Though the Heir may not bring Action of
be in the Debet Detinet, or it will be naught; if
an Heir be to bring Debt, it ſhall be in the Detinet:
And if a Man be bound to another, and makes his
Executor and dies, if the Money due in the Time
of the Teftator be refufed to be paid by the Execu-
tor, the Action must be brought against him only
in the Detinet; and ſo in all Actions brought by Ex-
ecutors as Executors, though the Duty accrued in
their own Time. But Debet & Detinet lies by an
Executor on his own Contract: And if Leffee for
Years makes his Executor and dies, for Rent due
after the Teftator's Death, there the Action fhall be
in the Debet & Detinet. It is the like Law in Cafes
of Adminiſtrators, as it is not certain what fhall be
recovered, only according to the Affets. 5 Rep. 3.
An Executor upon a Devaftavit fhall be charged in
the Debet & Detinet, the Action being upon a Judg-
ment. 1 Lill. Abr. 399. In A&tion grounded on Pri-
vity of Contract; or Action of Efcape, it must be
brought in the Detinet. Cro. Jac. 545, 685. See
Executor.
lies for 1ol. being a feveral Duty. 2 Danu. Abr. 501.
On a Bond, Debt lies against the Heir of an Obli
gor, who has Lands by Defcent, if the Executors
have not, fufficient; and the Obligee may bring his
Action against the Heir or Executor, although the
Executor have Affets. Anderf. 7. An Heir mediate
may be fued in Debt as if he were immediate Heir,
Debt for a Debt due to his Anceftor; if it be by
Specialty, by which the Party is bound to pay it to
him and his Heirs, the Executor fhall nevertheleſs
have the Action. Dyer 368. F. N. B. 120. Action of
Debt lies not against Executors, upon a fimple Con-
tract made by the Teftator. 9 Rep. 87. But Debt
will lie for the Arrearages of an Account againſt
Executors, of Receipts by the Teftator. 2 Danv. 497.
Before the Statute 32 H. 8. c. 37. the Heirs, or Ex-
ecutors of a Man feifed of a Rent-fervice, Rent-
charge, &c. in Fee-fimple, or Fee-tail, had no Re-
medy for the Arrearages incurred in the Life-time
of the Owner of fuch Rents: But by that Statute,
the Executors and Adminiftrators of Tenants in
Fec-fimplc, Fec-tail, or for Life, of any Rent,
fhall have Action of Debt for all Arrearages of Rent
due in the Life of the Teftator. I Inft. 162. 2 Danv.
492. A Feme Sole feifed of a Rent in Fee, Fc.
which is behind and unpaid, takes Husband, and
the Rent is behind again, and then the Wife dieth;
the Husband by the Common Law fhould not have
Debet & folet, Are alfo formal Words made Ufe the Arrearages before the Marriage, but for the
of in Writs: And fome Writs have thefe Words in Arrears becoming due during the Coverture, he
them, which ought not to be omitted. Likewife ac- might have Action of Debt. Now by the Stat. 32
cording to the Diverſity of the Cafe, both Debet and Hen. 8. the Husband ſhall have the Arrears due be-
folet are used, or Debet alone: As a Quod permittat fore Marriage, and he hath a double Remedy for
may be in the Debet & folet, or in the Debet only, as the fame. 1 Inft. 162. At the Common Law, Debt
the Demandant claims. And if a Perfon fues to re-lies not for Rent upon a Leafe for Life, (though it
cover any Right, whereof his Anceſtor was diffeifed doth on a Leafe for Years) but the Remedy is Af-
by the Tenant or his Anceitor, then he uſeth the fife, if the Plaintiff have Seifin, or by Diſtreſs.
Word Debet alone in his Writ, becauſe his Ancestor 3 Rep. 65. But by Stat. 8 Ann. cap. 19. any Perfon
only was diffeifed, and the Eftate difcontinued: having Rent in Arrear upon any Leafe for Life or
But if he fue for any Thing that is now first of all Lives, may bring Action of Debt for fuch Rent, as
denied him, then be uſeth Debet & folet, by Reafon where Rent is due on a Leafe for Years. Action
his Anceſtor before him, and he himſelf uſually en-of Debt will lie against a Leffee, for Rent due after
joyed the Thing fued for, until the prefent Refufal
of the Tenant. Reg. Orig. 140. The Writ of Secta
Molendini is a Writ of Right, in the Debet & folet,
&c. F. N. B. 98.
:
·
the Affignment of the Leafe; for the perfonal Pri-
vity of Contra&t remains, notwithſtanding the Pri-
But after the
vity of Eftate is gone. 3 Rep. 22.
Death of the Leffee, it is then a real Contract, and
Debt, (Debitum) Is an Action which lieth where runs with the Land. Cro. Eliz. 555. When a Leafe
a Man oweth another a certain Sum of Money, by is ended, the Duty in Refpe&t of the Rent remains,
Obligation, or Bargain for a Thing fold, or by Con- and Debt lieth by Reafon of Privity of Contract be-
tween Leffor and Leffec. 2 Cro. 227. 1 Nelf. Abr. 604.
tract, &c. and the Debtor will not pay the Debt, at
the Day agreed; then the Creditor fhall have A&ti- If Debt be brought by an Executor for Arrears of
on of Debt against him for the fame. And if Mo-Rent ended, it is local ftill, and muſt be laid where
ney be due upon any Specialty, A&tion of Debt on-the Land lies. Hob. 37. Action of Debt may be had
ly lies; for no other Action may be brought for it against the Leffee in any Place; but if it be brought
If a Man contract to pay Money for a Thing which against an Affignee, it must be where the Land lieth:
he hath bought; and the Seller takes Bond for the And upon the Privity of Contract, it is to be
Money, the Contra&t is diſcharged, fo that he fhall brought against the Leffee where the Land is. Latch
not have Action of Debt upon the Contract, but on the 197, 271. 2 Leon. c. 28. In fome Cafes Action of Debt
will lie, although there be no Contra& betwixt the
Bond. New Nat Br. 268. If one binds himſelf in a
fingle Obligation, or with Condition, to pay Money Party that brings the Action, and him against whom
at a Day; or to deliver Corn, or the like, and do not brought; for there may be a Duty created by Law,
perform it accordingly, the Obligee may bring Ac- for which Action will lie. 2 Saund. 343, 366 Debt
tion of Debt for it. F. N. B. 120. A Man acknow-lieth against a Sheriff, for Money levied in Execu-
ledges by Deed, that he hath ſo much of the Mo- tion. 1 Lill. Abr. 403. A&ion of Debt lics againſt a
ney of 7. S. due to him in his Hands; here Debt Gaoler for permitting a Priſoner committed in Ex-
may be brought: And Debt will lie on a Talley ecution to escape; becauſe thereupon the Law
fealed. F. N. B. 122. 1 H. 6. §§. A.delivers 201. to makes the Gaoler Debtor: But where the Party is
B. to buy Goods, and B. gives a Receipt to A. tefti not in Execution, there A&tion on the Cafe only
fying the Delivery and Receipt of the 201. but doth lies for Damages fuffered by the Efcape. 1 Saund.
not promife to deliver the Goods, &c. A. may 218. 1 Lill Abr. 402. If I agree with a Taylor for
maintain Debt upon this Deed. Dyer 20. 2 Bulft. a certain Price to make me a Suit of Clothes, the
256. If a Man be bound by Bond to pay 20% in Taylor may have a general Action of Debt against
Manner following, viz. 101 at one Day, and Iol.me for the Money; though if the Price is not a-
at another Day; Action of Debt will not lie till af greed on, there lies Action of the Cafe only, cr
ter the laft Day, it being an entire Duty: But if fpecial Action of Debt upon the fpecial Contract,
one binds himself to pay A. B. 10l. at one Day, and which the Law may imply on a Quantum Meruit.
10%. at another, after the first Day Action of Debt | Wood's Inft. 544. And Debt may be made Action on
"
!
f
the
DE
DE
;
•
the Cafe, by proving Money lent, or Goods deli- | doth originally owe the Debt, whilft he is living; and
vered, &c. whereupon Promife of Payment is im-after his Death, it may be brought against his Ex-
plied in Law. A Man owes another a Sum of Mo- ecutor, if he make any; or otherwife against the
ney, and hath his Note under Hand, without Scal, Adminiftrator; and if the Ordinary appoint none,
Action of Debt on a Mutuatus lies; but the Defen- against the Ordinary himfelf; and if he die poffefs'd
dant may wage his Law: In Action of the Cafe of the Goods, againft his Executor, &c. And alſo
brought upon Promife of Payment, the Defendant againft Executors of Executors in infinitum. Dyer
cannot wage his Law. 4 Rep. 93. Action of Debt 24, 471. 3 Rep. 9. 2 Brownl. 207. In Debt, if it be
lies upon a parol Contract, and fo doth Action on demanded by Original, the Process is Summons,
the Cafe. 1 Lill. 403. If Goods or Money are de- Attachment and Diftrefs; and upon a Default of
livered to a third Perfon for my Ufe, I may have Sufficiency, on a Nihil return'd, Proceſs to the Out-
Action of Debt or Account for them. 2 Danu. 404. lawry, &c. And the Judgment in Debt, where the
Where Money is delivered to a Perfon, to be rede- Demand is in the Debet & Detinet, is to recover the
livered again, the Property is altered, and Debt Debt, Damages and Cofts of Suit; and the Defen-
lies: But where a Horfe, or any Goods are thus de- dant in Mifericordia: But if a Defendant denies his
livered, there Detinue lies, becaufe the Property is Deed, then a Capias pro Fine iffues. 1 Shep. Abr. 523.
not altered; and the Thing is known, whereas Mo- The Defendant in Debt pleads a Releafe, if at the
ney is not. Owen 86. 1 Nelf. Abr. 603. Debt will lie Trial he makes Default, the Plaintiff fhall have
against him that lodges or tables with another; by Judgment for his Debt, without a Verdict: Contra,
an Inn-keeper for the Lodging and Victuals of his if Durefs, or Payment had been pleaded. Fenk. Cent.
Guest, &c. A Servant for his Wages, tho? he do 68. Where the Plaintiff in Debt, declares on fome
his Service beyond Sca. 9 Rep. 87. Debt licth not Specialty, or Contract for a Sum of Money, it
againſt a Maſter upon the Buying of the Servant, must be certainly demanded, and no other; and
unless it come to the Mafter's Ufe, or be by his the Demand can't be of a leffer Sum, but it must
Agreement. Dott. & Stud. 137. Action of Debt lies a- be fhewn how the Remainder was fatisfy'd: But
gainst the Husband, for Goods which were delivered in an Action upon a Statute, that gives a certain
or fold to the Wife, if they come to the Ufe of the Sum for the Penalty; tho' lefs be recovered than
Husband. 1 Lill. 400. If one delivers Meat, Drink, the Plaintiff lays, it will be good. Cro. Fac. 498.
or Clothes, to an Infant, and he promifes to pay If Action of Debt is brought on a Specialty, Bill,
for them, Action of Debt or on the Cafe, will lie Bond, Leafe, c. the feveral Writings must be
against the Infant. Tho' Debt may not be brought well confidered by which the Plaintiff warrants his
on an Account ftated with an Infant: And what is Action, and the Sum due is to be rightly ſet forth;
deliver'd, muſt be averr'd to be for the neceffary and if it be Debt for Rent, the Time of Commence-
Ufe of the Infant. 1 Lill. Abr. 401. An Attorney. ment, and Ending, &c. Alfo in Debt on Account,
fhall have Action of Debt against his Client, for the Attorney must know when the Accounts were
Money, which he hath paid to any Perfon for the made up, and before whom, what the Party was to
Client, for Cofts of Suit, or unto his Counsel, &c. account for, and Time when, which are to be laid
A Perfon may have Debt upon an Arbitrament; but in the Declaration, &c. Comp. Attorn. 28. In Debt
not for Debt referred to Arbitration, which must be on fingle Bill the Defendant may plead Payment
Action on the Cafe: Alfo Debt lics for Money re- (before the Action brought) in Bar: And pending
covered upon a Judgment, &c. And upon a Re- an Action, on Bond, &c. the Defendant may bring
covery in C. B. he must bring the Action in Middle- in Principal, Intereft and Cofts; and the Court
fex, the Record being there; but a Sci. fac. to exe fhall give Judgment to difcharge the Defendant.
cute Judgment, must be where the Original was, Stat. 4 5 Ann. c. 16.
and follow it. New Nat. Er. 267, 268, &c. When Debt to the King. Under this Word Debitum,
Judgment is had in the King's Bench, and a Writ of all Things due to the King are comprehended; as
Error brought in the Exchequer Chamber, or in Par- all Rents, Fines, Iffues, Amercements, and other
liament; yet an Action of Debt will lie on the Judg. Duties received or levied by the Sheriff; for Debt
ment: In this Cafe, if the Plaintiff levies Part of his in the larger Senfe, fignifies whatever any Man
Money by Elegit; he may likewife bring Debt for the owes. 2 Inft. 198. The King's Debt is to be fatisfied
Residue. Sid. 236, 184. If a Man recovers Debt or before that of a Subject; and until his Debt be paid,
Damages in London, on Action brought there by the he may prote&t the Debtor from the Arreft of others.
Cuftom of the City, which lies not at Common Law; 1 Inft. 130. But by Statute, notwithſtanding the
when it is become a Debt by the Judgment, Action King's Protection, Creditors may proceed to Judg-
of Debt lies in the Courts at Westminster upon this Judgment against his Debtor, with a ceffet Executio till
ment. 2 Danu. 499 Action of Debt will lie for Breach
of a By-Law; or for Amercement in a Court Leet,
C. 1 Lill. 400. And Action of Debt is fometimes
grounded on an A&t of Parliament; as upon the 2 Ed.
6. c. 13. for not fetting out Tithes; the 27 El. c. 13.
against the Hundred for a Robbery, S. Against
Phyficians in London, for pra&tifing without Licence,
by 14 H. S. By Affignces of a Commiffion of Bank-
rupt. 1 Fac. 1. c. 15, &c. A College fhall have Action
of Debt for Commons of any Student, adjudged Pafch.
9. Fac. B. R. For Debt to a Bifhop, or Parfon, af
ter his Death, his Executors ſhall have the A&tion:
But of a Dean and Chapter, Mayor and Commo
nalty, &c. the Succeffors are intitled to the Action
of Debt. F. N. B. 120. Action of Debt lies on a Re
cognizance; fo upon a Statute Merchant, it being
in Nature of a Bond or Obligation: But it is other
wife in Cafe of a Statute Staple. 2 Danv. 497. In
bringing this Action, it is the general Rule, that
the Party himself to whom the Debt is originally
due, whilft he doth live muſt bring the A&tion; and
after his Death, his Executors, &c. And the Ac-
tion must be brought against the Party himfelf that
·
the King's Debts be paid. 25 Ed. 3. Lands, &c. of
the King's Debtor and Accountant, may be fold as
well after his Death, as in his Life-time: But if the
Accountant or Debtor to the King had a Quietus du-
ring his Life, his Heir fhall be difcharg'd of the
Debt. 27 Eliz. cap. 3. A Perfon being in Debt to the
King, purchaſes a Leafe to him and his Wife, and
dies; the Term in the Wife's Hands is liable to the
Debt. 2 Roll. Abr. 157. Though it is faid if he pur-
chafe Lands to him and his Wife for Life, and to
their Heirs; fuch Lands in the Hands of the Wife,
are not extendible after the Husband's Death, for
the King's Debt. Dyer. 255. If a Tenant in Tail, bc-
comes indebted to the King, by Receipt of the King's
Money, or otherwife; unless it be by Judgment, Re-
cognizance, Obligation, or other Specialty origi
nally due to the King, or fone other to his Ufc;
and then dies, the Land in the Hands of the Iffue in
Tail fhall not be extended: But it may, in either of
thofe four Cafes. 7 Rep. 21, 22. By the Common Law,
the King for his Debt had Execution of the Body,
Lands, and Goods of the Debtor: By Magna Char-
ta, 9 H. 3. c. S. the King's Debt fhall not be le
·
vied
井
​4.
DE
DE
O
*
And
Decem Tales, Is when a full Fury doth not ap-
pear at a Trial at Bar; then a Writ goes to the
Sheriff Apponere Decem Tales, &c. whereby a Sup-
ply is made of Jurymen to proceed in the Trial.
vied on Lands, where the Goods and Chattels of have been a Refpondeas Oufter; and it was held that
the Debtor are fufficient to levy the Debt; for in the Writ of Deceit would not lie to reverſe the Re-
fuch Cafe, the Sheriff ought not to extend the Lands cord, but only to recover Damages. Ibid. 622. If
and Tenements of the King's Debtor, or of his Heir, in a Suit or Action, another Perfon fhall come in-
c. 2 Inft. 19. Alfo Pledges fhall not be diftrained, to Court and pretend he is Party to the Suit, and fo
when the Principal is fufficient: Though in both let Judgment be had, or fome other Damage done
Cafes it must be made appear to the Sheriff; into the Party himſelf; or if I have Caufe to have an
the one, that there are Goods and Chattels enough, Action, and another brings it in my Name, and
and in the other, that the Sheriff may levy the lets Judgment go against me by Nonfuit, or the
King's Debt on the Principal. Ibid. Sheriffs having like; I may have this Writ of Deceit against him.
received the King's Debts, upon their next Account F. N. B. 96. March 48. If any one forge a Statute,
are to diſcharge the Debtors, on Pain to forfeit trec. in my Name, and fueth a Capias thereupon,
ble Value; and the Sheriffs are to give Tallies to for which I am arrefted; I fhall have a Writ of
the King's Debtors on Payment. Stat. 3 Ed. 1. See Deceit against him that forged it, and against him
Execution.
who fued forth the Writ of Capias, &c. Ibid. And
Debtors. It is here held, that Debt follows the if a Perfon procure another to fue an Action againſt
Perfon of the Debtor, being on fimple Contract; me to trouble me, I fhall have a Writ of Deceit.
and not of the Creditor, as to Actions brought, &c. There are many Frauds and Deceits provided a-
3 Keb. 163. Where a Debtor is made Executor of gainft by Statute, relating to Artificers, Bakers,
a Will, the Debt is faid to be Affets, becauſe it is Brewers, Victuallers, falfe Weights and Meaſures,
extinguiſhed not by Releafe, but in the Way of Le. which are liable to Penalties and Punishment
gacy. I Salk. 303. By Statute 8 & 9 W. 3. c. 18. in Proportion to the Offence committed.
Two Thirds in Number and Value of Creditors Writ of Deceit lies in various Cafes, for not per-
might make Compofitions with Debtors, and bind all forming a Bargain; or not felling good Commodi-
the reft; making Oath before a Mafter in Chancery ties, &c. 1 Inft. 357. See Action on the Cafe. This
how their Debts became due, &c. But this Act was Writ for fuing out a falfe Procefs runs thus: If A.
repealed by 9 10 W. 3. And there have been B. fhall fecure you, &c. then put, &c. C. D. to answer
&
feveral Statutes for difcharging poor Infolvent Debtors as well to us as the faid A. why a certain Writ or Pro-
out of Priſon, where they have had no Eftate or cefs be fraudulently and maliciously obtained, &c. in the
Effects to pay their Creditors, &c. See Prisoners. Name of the faid A. whereof he was altogether ignorant,
Deceit, Deceptio) Is a fubtle Trick or Device, in Deceit of our Court, and to his great Damage, &c.
whereunto may be drawn all manner of Craft and
Collufion, used to deceive and defraud another, by
any Means whatfoever, which hath no other or
more proper Name than Deceit to diftinguish the
Offence. Weft. Symb. Sect. 68. And there is a Writ Decies tantum, Is a Writ that lies against a Ju-
called Breve Deceptione, that lies for one that receives ror, who hath taken Money of either Party for gi-
Injury or Damage from him that doth any Thingving his Verdict; fo called, becauſe it is to recover
deceitfully in the Name of another Perfon: Which
Writ is either original or judicial. Reg. Orig. 112.
Old Nat. Br. 50. Deceit is an Offence at Common
Law, and by Statute: And all Practices of defraud-
ing or endeavouring to defraud another of his
Right, are punishable by Fine and Imprisonment;
and if for Cheating, Pillory, &c. Serjeants, Coun-
fellors, Attornies and others, doing any Manner of
Deceit, are to be imprifoned a Year and a Day;
Alfo Pleaders by Deceit fhall be expelled the Court.
Stat. 3 Ed. 1. cap. 29. If a Fine be levied by De
ceit; or if one recover Land by Deceit, the Fine,
and the Recovery, fhall be void. 3 Rep. 77. And
if a Man be Attorney for another in a real Action
against the Demandant, and afterwards by Covin
between fuch Attorney and the Demandant, the At-
torney makes Default, by which the Land is loft,
the Tenant who loft the Land fhall have a Writ
of Deceit against the Attorney. F. N. B. 96. In a
Precipe quod reddat, if the Sheriff return the Tenant Deciners, Decenniers, or Doziners, (Decennarii)
fummoned, where he was not fummoned, by which Derived from the Fr. Dizeine, i. e. Decas, Ten, fig-
the Defendant lofeth his Land by Default at the nify in our ancient Law, fuch as were wont to have
Grand Cape returned; the Tenant fhall have a Writ the Overfight of the Friburghs, or Views of Frank-
of Deceit against him who recover'd, and againft Pledge, for the Maintenance of the King's Peace ;
the Sheriff for his falfe Return; and by that Writ and the Limits or Compafs of their Jurifdiction was
the Tenant fhall be restored unto his Land again: called Decenna, because it commonly confifted of
And the Sherif fhall be punished for his Falfity. ten Houfholds; as every Perfon bound for himſelf
Ibid. 97.
If a Man bring a Writ of Deceit against and his Neighhours to keep the Peace, was filed
him that recovers in the firft A&tion, and the She- Decennier. Bract. lib. 3. Tract. 2. cap. 15. Theſe feem-
riff return him fummoned, upon which for Non-ed to have large Authority in the Time of the Sax-
fummons in that Action on finding the fame the ons, taking Knowledge of Caufes within their Cir-
Recovery is reverfed; in this Cafe the Defendant cuits, and redreffing Wrongs by Way of Judgment
fhall not have Writ of Deceit to recover the Land and compelling Men thereunto, as appears in the
again, if he were not fummoned: But he fhall Laws of King Edward the Confeffor, published by
have his Remedy against the Sheriff. Roll Abr. 621. | Lambard, Numb 32. But of late Times Decennier is
And where Debt was brought, and the Defendant not used for the chief Man of a Dizein, or Dozein;
pleaded in Abatement, and the Plea was over-
ruled; the Attornies on both Sides by Deceit be-
tween them, to the End the Plaintiff might recover
his Debt, entered another Judgment when it fhould
ten Times as much as he took: And every Perfon
that will may bring this Writ and recover the
fame, one half whereof fhall be to the Profecutor,
and the other to the King. This Writ alfo lies a-
gaint Embraceors that procure fuch an Inqueft; who
fhall be further punished by Imprisonment for a
Year. Reg. Orig. 188. F. N. B. 171. Stat. 38 Ed. 3.
cap. 13. But Decies tantum doth not lie againſt the
Embraceor, if he embrace and take no Money; for
he ought to take Money, and alfo embrace. Yet
it lies againft the Furors, although they do not give
a Verdi&, if they take Money; and fo, 'tis faid, if
they give a true Verdi&, Decies tantum lics, if they
take Money. Dyer 95. New Nat. Br. 380.
C
Decimation, (Decimatio) The punishing every tenth
Soldier by Lot, was termed Decimatio Legionis: It like-
wife fignifies Tithing, or Paying a tenth Part. There
was a Decimation during the Time of the Usurper 1655.
which by the Loyal Party will not eafily be forgotten.
but he that is fworn to the King's Peace, and by
Oath of Loyalty to his Prince, is fettled in the So-
ciety of a Dozein. A Dozein ſeemed to extend ſo far
as a Leet extendeth; becauſe in Leets the Oath of
Kkk
Loyalty
DE
DE
་ ་
.
·
C.
*
Loyalty is adminiftred by the Steward, and taken | miniftration granted, with a Profert in Curia; or the
by all fuch as are twelve Years old, and upwards; Declaration will be naught. 2 Lill. Abr. 412. Where
dwelling within the Precinct of the Leet where they there are two Counts in a Declaration, for Things of
are fworn. F. N. B. 161. There are now no other the fame Kind, and not averred to be different, it
Dozeins but Leers; and there is a great Diversity is not good; for the Defendant is twice charged, for
between the ancient and thefe modern Times, in the fame Thing But on Arrett of Judgment in fuch
this Point of Law and Government. 2 Inft. 73.. a Cafe, it was adjudged good after Verdict, and the
Declaration, (Declaratio, Narratio) Is a Shewing Court will not intend them to be the fame. 1 Salk.
in Writing the Caufe of Complaint of the Plaintiff 213. If a Declaration is bad, and the Defendant de-
in an Action against the Defendant, wherein the murs, the Plaintiff may fet it right in a fecond Ac-
Party is fuppofed to have received fome Wrong. tion; but if the Defendant do not take Advantage
And this ought to be plain and certain, becauſe it of it, but pleads in Bar, and the Plaintiff proceeds
impeacheth the Defendant, and compels him to an- to Iffue thereon, if the Right is found for the De-
ſwer thereunto; it must fet forth the Plaintiff's fendant, the Plaintiff is eftopp'd by the Verdict from
and Defendant's Names, the Nature and Caufe of bringing a new Action: And fo it is if he had de-
the Action, the Manner thereof, &c. and the Da-murred to the Plea in Bar. 1 Med. 20, 207. Where
mage received. 1 Inft. 17. A Count or Declaration a Declaration is defective, it is fometimes aided by the
ought to contain Demonftration, Declaration, and Con- Statutes of Feofails, &c. but they help only Matters
clusion: In Demonftration, are included three of Form, not Matters of Subftance; for Uncertainty
Things; Quis queritur, contra quem, & pro qua Cau-in a Declaration, which is Matter of Subftance, is
fa: In Declaration, there ought to be comprifed, not aided by Statute after Verdict, as in Cafe of
Quomodo inter partes Actio accrevit, quando & qua die, Trefpafs for taking Fish, where their Number or
anno & loco, & cui dabitur: And in the Conclufion, Nature are not fer forth. 5 Rep. 35. The Plaintiff,
Ifhould be averred and offered to prove the Suit and after the Return of the Writ, hath two Terms to
Damage, &c. fuftained. Terms de Ley 222. A De- exhibit his Declaration against the Defendant, that
claration is an Expofition of the Writ, with the Ad-Term being reckoned one wherein the Writ was
dition of Time, Circumftances, &c. and muſt be returnable: And if no Déclaration comes in before
true and clear, for the Court is not to take Things the Rifing of the Court, the laft Day of the fecond
in it by Implication: But it is not neceffary to fet Term, on a Rule of Court given, the Plaintiff fhall
forth Matters of Fad, as in a Bill in Chancery, be nonfuited, and the Defendant fign a Non. Prof.
becaufe they are to be tried by a Jury. Wood's Inft. whereupon he fhall have Cofts. If the Defendant ap-
582. The Law requires four Things in Declarations pears in Perfon, the Plaintiff is to declare in three
and Pleadings, viz. 1. Truth 2. Certainty. 3. Or- Days after Appearance in B. R. and in other Courts,
der. 4. Congruity. In perfonal Actions; the Day, at the next Court, by Stat. 8 El. c. 2. The Plaintiff's
Year, and Place ought to be expreffed in the Decla- Attorney is to file his Warrant the Term whercin
ration; but not in real Actions: And if in Trefpafs he declares. Stat. 4 & 5 Ann. If one be in Cuftody
the Plaintiff declares, that it was committed fuch a of the Marfhal of the Court, any Plaintiff may
Day, &c. and continued Diverfis diebus & vicibus, file a Declaration against him, and he is obliged to
without fhewing the Days of the Continuance of it, plead thereto; it is the fame when he is out upon
this is good For that is to be proved in Evidence, Bail, any other may declare against him: For
for the Increaſe of Damages. Fenk. Cent. 124. In when a Man is in Cuftody of the Law, he is bound
Action of Debt, upon a Bond, the Plaintiff in his to anfwer every one's Suit; and on Hab. Corp. a
Declaration muſt alledge a Place where the Bond was Stranger to the Writ by which the Prifoner is ar-
made, becauſe the jury fhould come from that refted, may take Notice of the Prifoner when he
Place; and if this be omitted, the Declaration is ill. is turned over to the Marshal, though at the Suit
Dyer 15, 39. 1 Nelf. Abr. 619. In Action of Cove- of another, and declare against him, without ta-
nant, no more of the Deed need be mentioned in king out Procefs. 1 Lill. 413. By Statute, when a
the Declaration, than the Covenant where the Breach Defendant is taken or charged in Cuftody, upon a-
is affigned: And if a Defendant pleads Non eft fac- ny Writ out of the Courts at Westminster, or impri-
tum to a Deed, he allows a Covenant therein to be foned for Want of Sureties for Appearance, the
broken, as laid in the Declaration, and makes the Plaintiff must declare against him before the End
Declaration good, though the Breach be too generally of the next Term, and caufe a Copy to be deliver-
affigned. 2 Cro. 369. In Slander there fhould be ed to the Prifoner or Gaoler; to which Declaration
no more Inducement than is neceffary: The like is the Prifoner is to plead, or the Plaintiff fhall
to be obſerved in Actions upon general Statutes, have Judgment. 45 W. & M. cap. 21. But if
concluding contra formam Statuti, &c. But in De the Declaration be not enter'd, or left in the Office,
clarations for Words, the Words ſpoke are to be laid before the End of the next Term; and Affidavit
exprefly and pofitively; not with an hac verba vel is made thereof, and filed, before the End of twenty
confimilia, nor with a Quorum tenor fequitur, &c. Cro. Days after, &c. the Prisoner, on entering his Ap-
Eliz. 645; 857. 5 Mod. 72. And where the Plaintiff pearance, fhall be diſcharged by Superfedeas. 8 & 9
declares on, and recites a Statute, he muſt recite it W. 3. If a Perfon is in Cuftody of the Marshal,
truly, and 'tis erroneous to mifrecite it; though as. and the Plaintiff would charge him either
to the Subftance of the Declaration, the Plaintiff with an Action or Execution, (if in Term-time) he
might have omitted to recite it all. 1 Nell. 616. In muft file a Bill againſt him, and deliver a Declaration
A&tion on the Cafe upon Affumpfit, the Plaintiff is to the Turnkey, c. and he fhall lie in Cuftody
to declare upon the whole Promiſe made, and not two Terms, . but if in Vacation, the Plaintiff is
on a Part of it; or on Trial he will be nonfuited. to go to the Marshal's Book in the Office, and make
1 Danv. Abr. 266, &c. It is good to lay large and an Entry quod Defenden. remaneat in Cuftodia ad festam
fufficient Damages in Declarations; in Debt it is A. B. &c. 1 Salk. 213. And in Declarations againſt
ufual to double the Sum, &c. And Damages fhall Prifoners by Virtue of any Procefs out of B. R. it
not be given for that which is not contained in the fhall be alledged in Cuftody of what Sheriff, Bailiff,
Declaration, and only for what is materially alledged. &c. fuch Prifoner is at the Time of the Declaration
10 Rep. 115. 1 Lill. Abr. 381. If one declare upon delivered; which Allegation fhall be as effectual
an Obligation, with an hic in Curia Prolat', he muft as if the Prifoner was in Cuftody of the Marſhal.
on Oyer pray'd of it, fhew the Obligation, or the 45 W. & M. All Declarations are to be filed;
Declaration will not be good. And a Plaintiff de-for 'tis filing makes them Authentick, as the Foun-
claring as Executor or Adminiftrator, ought to fet dation of the Caufe depending; and before filed,
forth the Probate of the Will, and Letters of Ad- they are not of Record to warrant a Judgment:
:
:
4
And
DE
DE
0
1
Form of a Declaration in Debt in B. R.
B. Complains of C. D. otherwife called
And if the Plaintiff's Attorney cannot find the De- Statute, no Man fhall be prejudiced by the ancient
fendants's Attorney to deliver him the Declaration, Forms; fo that the Matter of the Action be fully
filing it in the Office, will be a good Delivery; but fhewn in the Declaration, &c. which fhall be good,
Notice thereof must be given either to the Defen- tho the Terms are not perfectly proper. 35 E. 3. c.
dant or his Attorney, when they are to be found; 15. Vide 4 Geo. 2
and if the Defendant do not plead, Judgment fhall
be had against him. Pafch. 13 Car. B. R. On filing
Declarations, Copies thereof are ferved on the De-
fendants, or their Attornies, &c. And by an Order
of
Attorney is not obliged to deliver the Defendant's
Attorney the original Declaration; but inftead of it, Danes in the County of Middlefex, Gentleman, in the
is to deliver a true Copy of the Declaration; upon Custody of the Marshal of the Marthalfea of our Sove-
Delivery or Tender whereof, the Defendant's Attor-reign Lord the King, before the King himself, of a Plea,
ney fhall pay for fuch Copy after the Rate of 4 d. that he render to the faid A. twenty Pounds of good and
per Sheet, &c. and if any Perfon refife to pay for lawful Money of Great Britain, which he owes to him,
the Copy tender'd, the. faid Copy is to be left in and unjustly detains; for that, to wit, That whereas the
the Office, with the Clerk that keeps the Files of Said C. the tenth Day of September in the fifth Year
De larations, and thereupon the Plaintiff's Attorney of the Reign of the Lord George the Second, now King
giving Rules to plead, may for Want of a Plea fign of Great Britain, and fo forth, at the aforesaid Parish
Judgment; and before any Plea fhall be received, of St. Clement Danes in the County aforefaid, by his
the Defendant's Attorney is to pay for the Copy of certain Writing Obligatory, fealed with the Seal of the
the Declaration. I Lill. 417. And by a late Order, Said C. and here fhewn to the Court of the faid Lord the
in every Cauſe where fpecial or common Bail is fi- King, the Date whereof is the fame Day and Year above-
led, and Notice given to the Plaintiff, a Copy of mentioned, acknowledged himself to be held and firmly
the Declaration fhall be delivered to the Attorney bound to the aforesaid A. in the aforefaid taventy Pounds, to
for the Defendant, who fhall pay for it according be paid to the faid A. whenever afterwards he should be
to the ufual Rate; but if the Defendant's Attorney, thereto required: Nevertheless the faid C. altho' often re-
or his Clerk in his Abfence, refufes to pay for fuch quired to pay the fame, hath not paid to the faid A. the
Copy; or if it happens the Habitation of the At-faid twenty Pounds, or any Part thereof; but bath hitherto
torney for the Defendant, be unknown to the At
torney for the Plaintiff; then it fhall be lawful to A. faid, that he is injured, and hath Damage to the Value
leave the Copy, with the Officer of the Court ap- of ten Pounds; And therefore he brings his Suit, &c.
pointed for filing Declarations, which fhall be good,
giving Notice, &c. Ord. Cur. Trin. 2 Geo. 2. On the
first Day of the following Term after Delivery of
the Declaration, the Paper of Rules is to be made
all the Judges, Anno 12 W. 3. the Plaintiff's Midd. ff. A. C. D. of the Parife of St. Clement's
to refused, and still doth refufe fo to do: Whereupon the faid
Form of a Declaration in Cafe on an Affumpfit.
ff.
B. Complains of C. D. being in the
up, writing on the Top the Attorney's Name and Som. A. Cuftody of the Marshal, &c. for that,
the Term, and under that the Names of the Plain
tiff and Defendant, as A. B. againft C. D &c. and
the Paper of Rules must be carried to the Secon-
dary, who will give one peremptory Rule to plead
in eight Days, &c. A Plaintiff's Attorney, may a
mend his Declaration in B. R. in Matter of Form,
after the General Iffue pleaded, before Entry there
of, without paying Cofts, or giving Imparlance: But
if he amend in Subftance, he is to pay Cofts, or give
Imparlance: And if he amend in Subftance, after a
Special Plea pleaded, tho' he would give Imparlance,
he must pay Cofts. 1 Lill. Ab. 409. A Miftake in a De-
claration the Plaintiff may amend in C. B. on Notice
before the Effoin-Day, and the Defendant fhall have
no Advantage of it: Alfo before Demurrer, or Iffue
joined, the Plaintiff may amend, paying 13 s. 4 d.
Cofts; and force the Defendant to plead prefently,
or give him a further Imparlance without paying
Colts: But after Demurrer, or Iffue joined, and
when the Pleadings are entered on the Roll, the
Plaintiff cannot amend his Declaration; but is to en-
ter a Difcontinuance, and proceed de novo. Practif
Attorn. Edit. I. p. 147. On a Latitat in B. R. you
may declare against the Defendant in as many Ac-
tions as you think fit; but you must have one Ori-
ginal, for every A&tion in C. B. The Declaration is
grounded upon the Writ in the Common Pleas, and
Bill of Middlefex in the King's Bench: And in C. B.
it is ufual to declare in Actions on Quare claufum
4
to wit, That whereas the faid A. on the Day, &c. in
the Year of the Reign, &c. at the Parish of G. in the
faid County of Somerset, at the Special Inftance and Re-
queft of the faid C. bath fold and delivered to the faid C.
to the proper Ufe of him the faid C. one Damask Bed, &c.
at the Price of ten Pounds of lawful Money of Great
Britain; be the faid C. then and there, that is to fay,
the Day and Year aforefaid, at, &c. aforesaid, in Confi-
deration thereof, affumed upon himself, or undertook, and
to the faid A. then and there faithfully promiffed, that he
the faid C. would well and truly pay and content to the
faid A. the aforefaid ten Pounds, whenever after he ſhould
be thereunto required: Yet the faid C. not regarding his
Promife and Aſſumption aforesaid, but contriving and
fraudulently intending, craftily and fubtilly, to deceive and
defraud the Said A. in this Behalf, the aforesaid ten
Pounds, or any Penny thereof, hath not paid to the faid
A. although the faid C. was afterwards thereto required
by the faid A. to wit, on the Day and in the Year, &c.
and often after that Time, at, &c. aforesaid, but he
bath hitherto always refufed, and still doth refuse to pay
the fame to him; by Reafon whereof be fays that he is
the worse, and bath Damage to the Value of, &c. And
therefore he brings his Suit.
•
Form of a Declaration in Trefpafs in B. R.
ff.
B. Complains of C. D. in Custody,
fregit, as is practifed on a Latitat in B. R. 2. Ventr. Wilts, A. &c. of that, That be the faid C.
259. One may not regularly declare in B. R. a-
gainst a Perfon that is not in Cuftodia Marefchalli, or
barh not filed Bail; unless he be a privileged Per-
fon. 21 Car. B. R. If a Declaration begins Queritur
de Placito Tranfg. pro eo quod, &c. it may be a Decla-
ration in Cafe, or it will ferve for either Treſpaſs, or
Cafe. Cro. Car. 325. The Plaintiff's Attorney is not
obliged to fet his Hand to his. Declaration; for the
Defendant's Attorney muft receive it without, if he
knows him to be the Attorney in the Caufe. By
the Day, &c. in the Year of the Reign, &c. with Force
and Arms, to wit with Clubs, Staves, &c. the Clife of
him the faid A. called M. Clofe, at, &c. in the County
aforefaid, broke and entered, and the Grass of the faid
A. to the Value of one kundred Shillings, then and there
growing, with certain Beafts, that is to fay, with Horfes,
Oxen, Cows and Sheep, eat up, trod down and confume;
and continued the faid Trespass at divers Days and Times,
in fo eating up, treading down and confuming the Grafs
of
1
DE
DE
i
of the afordfaid A. there growing, from the faid Day of,
&c. in the Year aforesaid, until the Day, &c. (or be-
tween fuch Day, and the faid Day) then next following;
and other Injuries then and there did to the faid A. against
the Peace of our faid Sovereign Lord the King, and to
the Damage of him the faid A. &c. And therefore be
brings his Suit, &c.
Decretals, (Decretales) Are a Volume or Books of
the Canon Lawo, fo called, containing the Decrees of
fundry Popes; or a Digeft of the Canons-of all the nant from the Vendee, &c. Co. Lit. 55. The fe
Councils that pertained to one Matter under one
Head. See Canon Law.
Decurtare, Significs to bring into Order. Mon.
Ang. Toni. 1. p. 243.
Dedbana, Dead-bane, Sax. An actual Homicide,
or Manflaughter. Leg. H. i. c. 85.
Dedi, Is a Warranty in Law; as if it be faid in
a Deed or Conveyance, That 4. B. hath Given, &c.
to C. D. it is a Warranty to him and his Heirs. Co.
Lit. 304. Alfo Dedi imports a Power of giving any
Thing. Hob. 12.
Weft. Symb. Sect. 47. A Deed Poll is a Deed tefti-
fying that only one of the Parties to the A-
greement hath put his Seal to the fame, where
Inch Parry is the Principal or only Perfon,
whofe Confent or Act is neceffary to the Deed:
And it is therefore a plain Deed, without indent-
ing, and is ufed when the Vendor, for Exam-
ple, only feals, and there is no need of the Ven-
dee's Scaling a Counterpart, becaufe the Nature
of the Contract is fuch, as it requires no Cove-
veral Parts of Deeds by Indenture, are belong-
ing to the Feoffor, Grantor, or Leffor, who have
one; the Feoffee, Grantee, or Leffee, who have
another; and fome other Perfons, as Trustees, a
third, c. and the Deed Poll which is fingle, and
of but one Parr, is delivered to the Feoffee, or
Grantee, & All the Parties of a Deed indented, in
Judgment of Law make but one entire Deed; but
every Part is of as great Force, as all the Parts to-
gether, and they are esteemed the mutual Acts of
either Party, who may be bound by either Part of
the fame, and the Words of the Indenture are the
Words of either Party, &c. But a Deed Poll is the
fole Deed of him who makes it, and the Words
thereof fhall be faid to be his Words, and bind him
Dedication-Day, (Feftum Dedicationis) The Feaft
of Dedication of Churches, or rather the Feaft-Day of
the Saint and Patron of a Church; which was cele-
brated not only by the Inhabitants of the Place, but
by thofe of all the neighbouring Villages, who ufu-only. Plowd. 134, 421. Lit. Sect. 370. And there are
ally came thither; and fuch Affemblies were allow
ed as lawful: It was ufual for the People to feaft
and drink on thofe Days; and in many Parts of
England, they fill meet every Year in Villages for
this Purpofe, which Days are called Feafts or
Wakes.
Dedimus Poteftatem, Is a Writ or Commiffion
given to one or more private Perfons, for the ſpeed-
ing fome A&t appertaining to a Judge, or fome
Court: And it is granted moft commonly upon Sug-
geftion, that the Party who is to do fomething be.
fore a Judge, or in Court, is fo weak that he cannot
travel; as where a Perfon lives in the Country, to
take an Anſwer in Chancery; to examine Witneffes
in a Caufe depending in that Court; to levy a Fine
in the Common Pleas, c. F. N. B.
Dedímus Poteftatem de Attornato faciendo. As
the Words of Writs do command the Defendant to
appear, &c. antiently the Judges would not fuffer
the Parties to make Attornies in any Action or Suit,
without the King's Writ of Dedimus Poteftatem, to
receive their Attornies: But now by Statutes, the
Plaintiff or Defendant may make Attornies in Suits
without fuch Writs. New Nat. Br. 55, 56.
other Divifions of Deeds; fome are Abfolute, and
fome Conditional; fome inrolled, and others not in-
rolled; fome concerning the Realty, fome the Per-
fonalty, &c. and fome have in them Matter of Gift,
or Grant; and others Matter of Difcharge. Alfo in
overy Deed well made, there must be Writing in
Parchment or Paper; Form and Method in the
Writing; it must be fealed and delivered; the
Parties to the Deed are to be able to make and take;
and the Thing to be paffed must be a Thing paffa-
ble for the Matter and Manner, &c. 1 Inft. 225.
There are feveral Kinds of Deeds, by which Lands
pafs from one Man to another; as of Bargain and
Sale, Feoffment, Leafe and Releaſe, Indentures to lead
the Ufes of Fines and Recoveries, Settlements, Leaſes,
Alignments, Exchanges, Mortgages, &c. And Deeds
have feveral formal Parts, viz. The Premiffes, Ha-
bendum, Reddendum, Condition, Covenants, Warranty,
Date, Sealing, &c. The Premises fet forth the
proper
Names of the Parties, with their Additions of Place
and Quality; and comprehend the Certainty of
the Lands and Tenements to be conveyed, with the
Confideration of the Deed, as Money, Natural Love,
c. the Premiffes alfo contain the Exceptions, if there
Deed, (Factum) Is an Inftrument in Parchment be any out of the Land granted; as of Timber,
or Paper, but chiefly in Parchment, comprehending Mines, &c. and in many Deeds there may be an Oc-
a Contract or Bargain, between Party and Party; cafion of a Recital of former Deeds in the Premiffes,
or an Agreement of the Parties thereto, for the particularly in Affignments of Leafes, Mortgages,
Matters therein contained: And it confifts of three c. The Habendum names the Certainty of the E-
principal Points, Writing, Sealing, and Delivery; Wri- ftate granted, for what Time the Grantee is to have
ting, to exprefs the Contents; Sealing, to teftify it, and to what Ufe: And it fometimes qualifies the
the Confent of the Parties; and Delivery, to make Eftate, fo that the general Implication of it, which
it binding and perfect. Terms de Ley. The Word by Conftruction of Law paffes in the Premiffes, by
Scriptum or Writing doth not import a Deed; for a the Habendum may be controlled; but not if the E-
Contract may be in Writing, and not by Deed, and ftate is expreffed in the Premiffes. Likewife an
if fo, it is but a parol Agreement: But a Deed may Habendum may explain the Premiffes, to prevent
be effe&tual, although it does not mention, in the Wrong; and fometimes the Premiffes are thereby
Beginning, by or to whom it is made. I Ld. inlarged. A Freehold cannot be granted by Deed
Raym. 28. Of Deeds there are two Sorts, Deeds
indented, and Deeds Poll; which Names principally
arife from the Form of them, the one being
cut in and out at Top, dentwife, and the other
plain: And a Deed indented is defined to be a
Deed confifting of two Parts, or more, for there
are Deeds Tripartite, Quadripartite, Sextipartite, &c.
in which it is expreffed, that the Parties have
to every Part thereof interchangeably fet their
feveral Seals; and for that it contains more
Parts than one, each Part is indented, or cut one
of them into the other, that thereby it may ap-
pear they belong to one Bufinefs or Contra&t.
4
with Habendum at a Day to come: And a Deed or
Leafe, Habendum from henceforth, includes the Day
on which it was dated: But Habendum à Die Datus
excludes it. The Reddendum is that Claufe in the
Deed, which referveth fome new Thing to the Gran-
tor; as Rent, Suit, Service, &c. and is ufually made
by the Words Yielding, Paying, Doing, &c. A Leffor
cannot referve to any but himself, his Heirs and
Executors, &c. nor can be referve to himself Par-
cel of the annual Profits, fuch as the Herbage of:
the Land; for that would be repugnant to the Grant,
it being a Part thereof. Conditions and Covenants in
Deeds, are for the Holding or not holding of the
Eftate,
1
ら
​DE
•
DE
+
'
new
Eftate granted, on Performance of fome A&t: And (delivers it again, &c. Perk. Sect. 154. Co. Lit. 48. $
a Condition relating to a real Eſtate, is a Quality Rep. 119 The Delivery of any Deed may be al-
annexed by him that Hath the Estate, Intereft or ledged at any Time after the Date; but not before.
Right in the fame, whereby the Eftate granted may Dyer 315. In Deeds, the Confideration is a principal
be defeated, inlarged, or created, upon an uncertain Thing to give them Effect: And the Foundation of
Event. Conditions are expreffed by theſe Words, Deeds ought always to be honest. False Latin or
viz. upon Condition, provided, fo that, &c. and provided falfe English, will not make a Deed void: But Raſure
always, and it is covenanted, is a Condition, by Force or Interlineation in a material Part, will render the
of the Provifo, and a Covenant, by Virtue of the o-fame void; unleſs fome Memorandum be made there-
ther Words; tho' fometimes a Provifo fhall amount of on the Back of the Deed, teſtifying its being done
to a Covenant, and fometimes be taken for a Limita- before Sealing. 1 Rol. Rep. 40. If Words are blot-
tion, Exception, Refervation, Explanation, &c. The Warted out in a Deed, by a Grantee or Leffee himſelf,
ranty in Deeds, is to fecure the Eltate to the Grantee although it be not in a Place material, it will make
and his Heirs, &c. and is a Covenant real, annexed the Deed void. Dyer 261. It has been adjudg'd, where
to the Land granted, by which the Grantor and his an Estate cannot have its Effence without a Deed,
Heirs are bound to warrant the fame to the Grantee there if the Deed is raſed in any material Part, af-
and his Heirs, and that they ſhall quietly hold and ter the Delivery, it makes the Estate void: But if
enjoy it; or upon Voucher, the Grantor fhall the Eftate may have Effence without a Deed, then
yield other Lands, to the Value of what fhall be notwithstanding it is created by Deed, and that Deed
evicted. Where a Feoffor grants away all his Eſtate is rafed, it fhall not deftroy the Eftate, but the
in the Land, and is not bound to warrant the Title, Deed. 1 Nelf. Abr. 625. When a Chofe in Action is
but the Feoffee is to defend it at his Peril; the created by Deed, the Deſtruction of ſuch Deed is the
Feoffee fhall have all the Deeds, as Incidents to the Destruction of the Duty itself; as in Caſe of a
Land, although not granted in exprefs Words: But Bond, Bill, &c. though it is not fo, where an Eftate
where the Feoffor warrants the Land, it is other or Intereſt is created by a Deed. 3 Salk. 120. If a
wife, the Feoffor fhall have them to defend the Ti- Deed be fupprefs'd, on Proof made that it came
tle; and the Fcoffee must trust to his Warranty, to the Party's Hands, and of its Contents, the
and have only fuch Deeds as concern the Poffeffion, Perfon injured will have the fame Benefit to hold
c. In Witneſs, whereof, &c. aſcertains the Date of the the Eftate, as if the Deed could be produced.
Deed; and is as well Part of it as what is written
2 Vern. Rep. 280. A Perfon committed for burn-
before. Inft. 6, 47, 201, 365. Plowd. 152. Wood's ing a Deed. See 2 Vern. 561. Abr. Caf. Eq. 169.
Inft. 224, 225 &c. Nelf. Abr. 624, &c. Deeds of An Indorfement on a Deed, at the Time of the Seal-
Bargain and Sale, are to be inrolled by Stat. 27 ing and Delivery, is a Part of the fame: But if an
Hen. S. And all Deeds are to be regiſtred in the Coun- Indorſement be after the Delivery, it is a
ties of York, and Middleſex. Stat. 2 E 6 & 7 Ann. A Deed. Mod. Caf. 237. Deeds, if fraudulently made;
Deed may be good without all the orderly and for when got by Corrupt Agreement, as on ufurious Con-
mal Parts; but without Delivery by the Party him tract; and when made by Force or Duress, &c. are
felf, or his Attorney lawfully authorized, to the void So they are for Uncertainty, and by Reafon
Party to whom made, or fome other to his Ufe, it of Infancy, Coverture, or other Diſability in the
is no Deed: And the Delivery may be either abfo- Makers, c. 2 Rol. Abr. 28. 1 Inft. 253. 11 Rep. 27.
lute or on Condition. 1 Inft. 35. 2 Rep. 5. If a Deed A Deed may be good in Part, and void in Part; or
fealed lieth on the Table, and the Grantor faith to good againſt one Perſon, and void as to another: If
the Grantee, Take that as my Deed, or this will ferve, all the Parts of a Deed may by Law ftand together,
&c. it is a good Delivery: But if it be thus left no one Part fhall make the Whole void. And if a
when fealed, and the Party to whom made takes it Deed by any Conftruction of Law can be conftrued to
up, this is no Delivery, without fome Words. Tho' have legal Operation, the Law will not make it ut-
where Parties have come for that Purpoſe, and done terly void, tho' it may not operate according to the
every Thing but Delivery; it has been adjudged a Purport of the Deed: Alfo the Law will tranfpofe
good Delivery in Law. Cro. El. 7. 1 Leon. 140. A and marshal Claufes in Deeds, to come at their true
Deed fealed and delivered, 'tis faid may be good with- Meaning; but not to confound them. Where the
out figning; for the Seal is the effential Part of the Words of a Deed may have a double Intendment, one
Deed: But 'tis ufual to have Deeds figned; and there ſtanding with Law, and the other contrary to it; the
muſt be Witneſſes to the Scaling and Delivery, who Intendment that ſtandeth with Law ſhall be taken.
are to indorfe or under-write their Names thereon: 1 Lill. Abr. 421. 1 Inft. 42, 217. 1 Shep. Ahr. 540.
1 Inst. 7. 10 Rep. 93. If a Writing is not fealed, it There are four Grounds for the Expofition of Deeds.
cannot be a Deed: And if the Print of the Seal be 1. That they may be beneficial to the Taker.
utterly defaced, the Deed is infufficient, fo that it That where the Words may be imployed to fome
cannot be pleaded; but it may be given in Evi- Intent, they fhall never be void. 3. That the
dence. 3 Inft. 169. 5 Rep. 23. If any Deed be read Words be conftrued according to the Intention of
falfe to an illiterate Perfon, tho' he fign, feal, and the Parties, and not otherwife; and the Intent of
deliver it, it ſhall not be his Deed, to bind him: the Parties fhall take Effect, if it may poſſibly ſtand
Tho if he does not require the Deed to be read, and with Law. 4. That, they are to be confonant to
ſeal and deliver it, he is bound by the ſame. 2 Rep. the Rules of the Law. And Deeds fhall have a rea-
2 Rol. Abr. 28. And if he that is to feal the fonable Expofition, without Injury againſt the Gran-
Deed, caufe a Stranger covinoufly to read it falfe, tor, to the greatest Advantage of the Grantee. They
to make the fame void; this will not hurt the Deed. are to be expounded upon the Whole, and if the
12 Rep. 90. Hob. 96. If another Perfon feal my fecond Part contradi&s the firft, fuch fecond Part
Deed, and I take it after ſealed and deliver it as my fhall be void; but if the latter Part expounds or ex-
Deed; it is held to be good. Perk. Sect. 130. But if a plains the former, which it may do, both of them
Man feal and deliver a Piece of blank Paper, altho' fhall ftand. Plowd. 160. Raym. 142. 6 Rep. 36. 1 Inft.
he alſo command that a Deed be written in it, and this 313. 1 Rol. Rep. 375.
1 Rol. Rep. 375. The firft Deed of a Perfon,
is done, it is no good Deed. Co. Lit. 171. Regularly and laft Will, ftand in Force. In Deeds indented, all
there may not be two Deliveries of a Deed, for Partics are cftopped, or concluded, to fay any
where the Firat doth take Effe&, the Second is Thing against what is contained in the Deed.
1 Inft.
void Unless it be where the Deed is delivered to a 45. And where a Deed is by Indenture between Par-
Stranger as an Eſcrow; or when a Deed good at firft, ties none can have an A&tion upon that Deed, but
becomes void afterwards by the Breach of the Seal; he who is a Party to it; but where 'tis a Deed Poll,
or a Feme Covert fcals a Deed, and after being fole one may covenant with another who is not a Party
3.
LII
2.
to
1
*
!
DE
DE
any
to it, to do certain Acts, for the Non performance tute 9 Geo. I. c. 22. it was enacted, that if Per
whereof he may bring an Action. 2 Lev 74. Where fons armed with Swords, Fire-Arms, or other Wea-
a Man juftifies Title under a Deed, he is to produce pons, and having their Faces blacked, or being o-
the Deeds If a Deed is alledged in Pleading, it must therwife difguifed, fhall appear in any Foreft, Park,
be fhewed to the Court, that the Court may judge &c. and unlawfully hunt or kill any Deer; rob any
of the Validity of it, and whether there are fuffi- Warren, &c. or fhall fet Fire to any Houfe, or
cient Words to make a good Contract; and when it fhoot at any Perfon in a Dwelling-houfe, or other
is fhewn to the Court, the Deed fhall remain in Place; or fend any Letter without a Name fub-
Court all the Term, in the Hands of the Cuftos Bre- fcribed, or with à fictitious Name, demanding Mo-
pium; but at the End of the Term, it shall be de-ney of any Perfon, &c. they fhall be guilty of Fe-
livered to the Party. If the Deed is denied, it must lony without Benefit of Clergy: And 501. Reward
remain in Court 'till the Plea is determined. 10, Rep. is given for the Apprehenfion of the Offenders.
88 Wood 25. A Deed fet forth with a Profert hic This Statute is continued for five Years, by 12 Geo.
in Curia, remains in Court in Judgment, of Law all 1. cap. 30. Perfons convicted a fecond Time, of
that Term; and any Perfon may during that Term hunting or taking away Deer in uninclofed Forests,
have Benefit by it, though he hath it not ready to &c. or coming armed with an Intent to hunt or or
fhew; the adverfe Party may take any Advantage take them, who fhall beat or wound any Keeper,
by the Deed that it will afford him. 5 Rep. 74. 1&c. fhall be tranfported for feven Years. 10 Geo. 2.
Nelf. 625. Deeds fealed and delivered cannot be c. 32. Before the Charta de Foresta, 9 H. 3. to hunt
pleaded, if not ftamped according to Law. the King's Deer, in any Foreft or Park was Felony;
5 & 6 W. & M. cap. 21. Every: Deed that is plead but that Charter ordained that none fhould lofe
ed, shall be intended to be a Deed Poll; except it either Life or Member for killing the King's Deer.
be alledged to be indented: And if it begins, This2 Roll: Rep. 120. And the Hunting in any Foreft,
Indenture made, &c. though it be not indented, it. with Vizors or painted Faces in the Day- ime;
may be a good Deed Poll 5 Rep. 20. A Deed Poll or in the Night with or without fuch Vizors, if the
commonly begins thus: To all People to whom thefe Party conceal the fame, it is Felony by Stat. 1 H. 7.
Prefents shall come, &c. Or, Know all Men by thefe So that we may obferve there is fome Agreement
Preſents, &c. Sec Accomplish'd Conveyancer, Vol. 1. E-between our ancient Laws and modern Statures.
A Perſon was convicted on the Statute of Deerfteal-
ing, and it appearing by the Conviction, that the
Deer were not in a Park inclofed, &c. upon
in B. R. the Conviction was quafhed. Mich. 9 W. 3.
Mod. Juft. 161. A Conviction of Deer ftealing may
be removed by Certiorari into B. R. but the Party
doing it, is to give Bond in the Penalty of 60l. to
the Juftice of Peace before whom convicted, to
profecute fuch Certiorari, and pay the Forfeiture
due by the Conviction, or render his Perfon in
a Month after the Conviction confirmed, &c.
5 Geo. I.
dit. 2.
f
Deemfters, From the Sax. Dema, a Judge of
Umpire, are a Kind of Judges in the Ile of Man,
who without Procefs, or any Charge to the Parties
decide all Controverfies in that Ifland; and they
are chofen from among themſelves. Camb. Brit.
Decr-feld, A Park or Deer fold; Sax. Debr, Fera,
and Fald; Stabulum. Cowel.
Deer-Hays, Are Engines, or great Nets made of
Cords to catch Deer; and no Perfon not having a
Park, &c. fhall keep any of thefe Nets, under the
Penalty of 40s, a Month. Stat. 19 H. 7. cap. 11.
T
Motion
did take, kill, and carry away two Fallow Deer, against
the Peace, &c. to the great Damage of him the faid
T.D. and against the Form of the Statute, &c.
Deer-Bealers, There are feveral Laws, for the
Punishment of Deer-ftealers; as by 3 Fac. 1. cap. 13. Form of an Indictment for Hunting and Taking Deer.
None fhall kill or chafe any Deer, in any Park or
inclofed Ground, on Pain of fuffering three Months Midd. ff. HE Furors, &c. That A. B. of, &c.
Imprifonment, and to pay tréble Damages: And
in the County aforefaid, Yeoman, on the
Perfons not having 401. per Ann. in Lands, or worth Day, and in the Year, &c. about Twelve of the Clock
2001, in Goods, &c. are not to use any Gun, Bow, in the Night of the fame Day, being affembled with di-
Dog, &c. to kill Deer; and their Guns, &c. may bevers other Malefactors and Disturbers of the Peace of our
taken from them. By the 13 Car. 2. cap. 10. It is Lord the King yet unknown, with Force and Arms, that
ordained, that whoever fhall courfe, kill, hunt, or is to say, with Staves, Swords, Daggers, and Knives,
take away any Red, or Fallow Deed, from any and other Arms, the Clofe and Park of T. D. Esquire,
Parks, &c. fhall be liable to a Penalty of 201. And at, &c. in the faid County, unlawfully broke and en-
the Stat. 3 & 4 W. & M. c. 10. inflicts a Penalty tered, and the Deer of him the faid T. D. then and
of 20 for unlawful Hunting and Courfing of any there grazing, and lying down in the faid Park, with
Deer; and 301. for Taking, Wounding, or Killing, two Hare-Dogs or Greyhounds hunted; and with a Net
to be levied by Diftrefs; which is to be divided called a Buckftal, that the faid A. B. in the Park a-
into three Parts; one whereof to go to the In-forefaid then bad, and the Dogs aforefaid then and there
former, another to the Poor, and the other to the
Owner of the Deer; and if no Diftrefs can be had,
the Offenders fhall be imprifon'd a Year, and fet on
the Pillory, &c. Pulling down Pales or Walls of
Parks, where Deer are incloſed, by this A&t is De effendo quietum de Colonio, Is a Writ that
punished with three Months Imprifonment: Andlies for those who are by Privilege free from the
the Offences are determined by Juftices of Peace Payment of Toll; on their being molefted therein.
of the County where committed. Alfo by 5 Geo. F. N. B. 226.
1. c. 15 & 2.8. Perfons guilty of Deer-ftealing, may
be indicted before a Judge of Gaol-Delivery, and
in that Cafe be tranfported to the Plantations
for feven Years: And Perfons otherwife convicted
before they are difcharged, are to enter into Bond
of 501. Penalty to the Perfon injured for future
good Behaviour. Keepers of Parks, killing Deer
without Confent of the Owners, incur a Forfeiture
De facto, Signifies a Thing actually done; that
of 501. and others pulling down Walls and Fences is done indeed. A King de facto is one that is in
of Parks, are liable to the Penalties inflicted by: 3 a&tual Poffeffion of a Crown, and hath no lawful
& 4 W. & M. for killing of Deer. Thus ftood our Right to the fame; in which Senfe it is oppoſed to
Laws till the great Infolencies of the Waltham Blacks a King de Jure, who hath Right to a Crown, but is
made a further Provifion neceffary, when by Sta-out of Poffeffion. 3 Inft. 7.
•
▼
4
*
1
De Expenfis mílítum, A Writ commanding the
Sheriff to levy the Expences of a Knight of the Shire
for Attendance in Parliament, being 45. per Diem, by
Statute: And there is a like Writ De Expenfis Civium
& Burgenfium, to levy 25. per Diem, for the Ex-
pences of every Citizen and Burgefs of Parliament.
Stat. 23 Hen. 6. cap. 11. 4 Inft. 46.
Default,
:
5
DE
DE
:
串
​:
new Exigent awarded, becauſe in Cuftody of Re-
cord. 2 Hale's Hift. P. C. 202.
Default of Jurozs. If Furors make Default in
their Appearance for trying of Caufes, they fhall
lofe and forfeit fues, unless they have any reafon-
able Excufe proved by Witneffes, in which Cafe the
Juftices may difcharge the Iffues for Default. Stat.
35 H. 8. c. 6.
Default, (Fr. Defaut) Is commonly taken for
Non-appearance in Court, at a Day affigned; though
it extends to any Omiffion of that which we ought
to do. Bract: lib. 5. Tract 3. Co. Litt. 259. If a
Plaintiff makes Default in Appearance in a Trial at
Law, he will be nonfuited; and where a Defendant
makes Default, Judgment fhall be had against him
by Default. In Action of Debt upon Bond, if the
Defendant pleads a Releafe, and Iffue is thereupon Defamation, (Defamatio) Is when a Perfon fpeaks
joined, if at the Trial the Defendant makes Default, fcandalous Words of another, or of a Magiftrate,
the Plaintiff may pray Judgment by Default; be-c. whereby they are injured in their Reputation;
caufe by the Plea the Duty is confefled, and there-for which the Party offending fhall be puniſh d ac-
fore no Inquelt need be taken by Default: But if the cording to the Nature and Quality of his Offence;
Defendant plead Non eft factum, by that Plea the fometimes by Action on the Cafe at Common Law,
Duty is denied, and therefore if he make Default, fometimes by Statute, and fometimes by the Eccle
Inqueft must be taken by Default. In Trefpafs, if fiaftical Laws. But Defamation is properly punish-
the Defendant plead a Releafe, and then make De-able by the Spiritual Courts; in which Courts, it
fault, the Plaintiff cannot pray Judgment by De- ought to have three Incidents, viz. First, It is to
fault; but an Inqueft is to be taken, becauſe Da- concern Matters Spiritual, and determinable in the
mages are incertain. 1 Salk. 216. Tenant in Tail, Ecclefiaftical Courts; as for calling a Man Here-
Tenant in Dower, by the Curtefy, or for Life tick, Schifmatick, Adulterer, Fornicator, &c. Se-
louing their Lands by Default, in a Precipe quod Red-condly, That it be a Matter Spiritual only; for if
dat brought against them, they are to have Re- the Defamation concern any Thing determinable at
medy by the Writ Quod ei deforciat, &c. Stat. Weftm. the Common Law, the Ecclefiaftical Judges fhall
2. cap. 4. And in a Quod ei deforciat, where the Te-not have Conufance thereof. And Thirdly, Altho'
nant joined Iffue upon the mere Right, and the fuch Defamation be merely Spiritual, yet he that is
Jury appearing, the Defendant made Default; it defamed cannot fue for Damages in the Ecclefia-
was adjudged, that in fuch Cafe final Judgment ftical Courts; but the Suit ought to be only for Pu-
fhall be given: But if the Tenant had made Default, nifhment of the Fault, by Way of Penance. Terms
it would be otherwife, for then a Petit Cape mult de Ley 224, 225. See Action of the Cafe for Words,
iffue against him, because it may fo happen that he alfo Prohibition.
may fave his Default. 1 Nelf Abr. 627. By Default Defealance, (from the Fr. Defaire, to defeat) Sig-
of a Defendant, he is faid to be generally out of nifies a Condition relating to a Deed, which being
Court to all Purpoſes, but only that Judgment may performed, the Deed is defeated, and render'd void,
be given against him: And no Judgment can be af- as if it never had been made. The Difference be-
terwards given for the Defendant. Ibid. 628. When tween a common Condition and a Defeafance is, that
two are to recover a perfonal Thing, the Default the Condition is annexed to, or inferted in the
of one is the Default of the other: Contra, where Deed; and a Defeafance is a Deed by itſelf, con-
they are to difcharge themfelves of a Perfonalty;cluded and agreed on between the Parties, and ha-
there the Default of the one is not the Default of the
o her. 6 Rep. 25. 1 Lill. Abr. 425. In an Action
against two, if the Procefs be determined against
one, and the other appears; he fhall be put to an-
fwer, notwithſtanding the Default of his Companion.
2 Danu. Abr. 480. Where the Baron is to have a
Corporal Punishment for a Default, there the De-
fault of the Wife fhall not be the Default of the
Husband: But otherwife it is where the Husband is
not to have any Corporal Punishment by the De-
fault. Ibid. 473, 473. If a Defendant imparl to an-
the fame Term, and make Default at
the Day, this is a Departure in Defpite of the
Court: And when the Defendant after Appearance,
and being prefent in Court, upon Demand makes
Departure, it is in Deſpite of the Court, and the
Entry is, Et præd. Tenens, licet folemniter exactus, non
revenit, fed in contemptum Curie receffit, & Defaltum
fecit, & Co. Litt. 139. Before a Verdict is taken
by Default, the Cryer of the Court calls the Defen-
dant three Times; and if he doth not appear, the
Plaintiff's Counfel prays, that the Inqueft may be
taken by Default: He is called three Times, to fhew
if he hath any Challenge to the Jurors; and if he
doth not appear upon the Cryer's Calling, then the
Capiatur per Default is indorfed on the Back of the
Panel. 1 Lill. 425. Default, and Saver of Default,
made a large Title in the old Books of Law.
Default in Criminal Cafes. An Offender in-
dicted appears at the Capias, and pleads to Iffue,
and is let to Bail to attend his Trial, and then
makes Default; here the Inqueft in cafe of Felony,
fhall never be taken by Default, but a Capias ad au-
diendam juratam fhall iffuc, and if the Party is not
taken an Exigent; and if he appeared on that Writ,
and then make Default, an Exigi facias de novo may
be granted: But where upon the Capias or Exigent
the Sheriff returns Cepi Corpus, and at the Day hath
not his Body, the Sheriff fhall be puniſhed, but no
►
ving Relation to another Deed. To make a good
Defeafance, it must be, 1. By Deed, for there can-
not be a Defeafance of a Deed without Deed; and a
Writing under Hand doth not imply it to be a Deed.
2. It muft recite the Deed it relates to, or at leaſt
the moſt material Part thereof. 3. It is to be made
between the fame Perfons that were Parties to the
firſt Deed. 4. It muſt be made at the Time, or af-
ter the firft Deed, and not before. 5. It ought to
be made of a Thing defeasible. 1 Inft. 236. 3 Lev. 234.
Inheritances executed by Livery, fuch as Eftates in
Fee, or for Life, cannot be fubject to Defeafance af
terward, but at the Time of making the Feoffment
&c. only: But executory Inheritances, fuch as
Leafes for Years, Rents, Annuities, Conditions,
Covenants, &c. may be defeated by Defeafance
made after the Things granted. And it is the fame
of Obligations, Recognizances, Statutes, Judg
ments, which are most commonly the Subject
of Defeafance, and ufually made after the Deed
whereto they have Relation. Plowd. 137. 1 Rep.
113. If a Man acknowledge a Statute to another,
and enters into a Defeafance, that if his Lands in
that ite
fuch a County fhould be extended, the Statute
fhould be void; the Defeafance will be good, and
not repugnant, becauſe it is by another Deed: But
the Condition of a Bond not to fue the Obligation,
is void for Repugnancy, being in the fame Deed.
Moor 1035. Although the Condition of an Obliga-
tion, where it is repugnant to it, be void; 'tis other-
wife in Cafe of a Defeafance, made after the Bond,
for this fhall be good notwithstanding: As where
the Obligee afterwards grants by Deed to the Ob-
ligor, that he will not fue thereon at all; or not
till fuch a Time, or that it shall be difcharged, &c.
20 H. 7. 24. Fitz. Bar. 71. If A. be bound in a
Bond to B. in 201. and he makes a Defeafance to C.
that if he pay him the like Sum, the Obligation
made by A. fhall be void; this is no good Defea-
fance,
DE
DE
:
fance, becauſe it is not made between the fame Par- firft conferred by Pope Leo the Tenth, on King
tes: Though if a Statute be entered into to Huf Henry the Eighth, for Writing againſt Martin Lu-
band and Wife, and the Husband make a ther, and the Bull for it bears Date Quinto Idus Oc=
Defeafance, it may be good. 14 H. S. 101. 2 Shep. tob. 1521. Lord Herbert's Hift. Hen. 8. 195. But the
Abr. 488. It has been held, that if a Diffeifee re- Pope, on King Henry's fupprefing the Houfes of Re-
leafe his Right to the Tenant of the Land, and af-ligion, at the Time of the Reformation, not only de-
ter there is a Defeafance between them, that if the pofed him of his Title, but his Crown alfo; though
Releffor fhall pay fo much, the Releaſe to be void; in the 35th Year of his Reign, his Title, &c. was
by this it will not be defeated: And yet fuch a Re-confirmed by Parliament; which hath continued to
leafe may be avoided by a Condition or Defeafance be ufed by all fucceeding Kings to this Day. Lex
made at the Time of making it. Bro. Defeaf. 6. Conftitutionis 47, 48.
Plowd. 137. 1 Inft. 236. A Statute, &c. may be de- Defendere le per Corpus fuum, To offer Duel or
feafanced on Condition of performing a Will, and Combat, as a Legal Trial and Appeal. Braft. lib. 3.
paying Legacies to other Perfons. Cro. 837. If a cap. 26.
Defeafance of a Statute be made, and after another Defendere unica manu, Words fignifying to Wage
Defeafance is made by the fame Parties, the firft De-Law, and a Denial of the Accufation upon Oath.
feafance becomes void thereby; and the fecond only See Manus.
is in Force, as in a Will. 2 Danv. Abr. 481. Where a
Statute is acknowledged to two Perfons, and one of
them makes a Defeafance, it is faid to be a good
Difcharge. Ibid. 480. If Execution be fued out
before the Time in a Defeafance is paft, it fhall be
fet afide in B. R. 1 Lill. 436. In a Defeafance of a
Deed of Lands, the Perfon to whom made, covenants
that on Payment of a certain Sum, on fuch a Day, Defenfo. That Part of any open Field or Place
he will transfer and reconvey the Eftate back a- that was allotted for Corn and Hay, and upon
gain; and that the Maker fhall enjoy till Default, which there was no Common or Feeding, was an-
Ec. If the Defeafance be of a Judgment, he cove-tiently faid to be in Defenfo: So of any Meadow
nants that on Payment of the Money, he will en-
ter Satisfaction on Record: If of a Statute or Bond,
that on Payment it fhall be void, &c. Law of Se-
curities 144, 146, 148, &c. Vide Mortgage.
Defenfa, A Park or Place fenced in for Deer,
and defended as a Property for that Uſe and Service.
Idem Dux facit inftaurare prædi&um Parcum de fe-
ris Defenfe Leiceftrenfis. H. Knighton, fub ann. 1352.
Defenfiba, The Lords or Earls of the Marches,
who were the Wardens or Defenders of their Coun-
try, had the Title of Defenfiva. Cowel.
Ground, that was laid in for Hay only. It was like-
wife the fame of a Wood, where Part was inclofed
and fenced up, to fecure the Growth of the Un-
derwood from the Injury of Cattle. Mon. Angl.
Tom. 3. p. 306.
Defenfum, An Incloſure of Land, or any fenced
Ground. Mon. Angl. Tom. 2. pi 114.
Defence, In a legal Signification is applicable to
a Plea, and is that which the Defendant ought to
make immediately after the Count or Declaration,
viz. That he defends all the Wrong, Force, and Da- Deficiencies. A&t for making good the Deficien-
mages, where and when he ought, &c. And by de-cies, and preferving the publick Credit, &c. Stat. 1.
fending the Force and Wrong, he excufes himself Ann. c. 13.
Deforcement, (Deforciamentum) Is where any one
of the Wrong furmiſed againſt him, and makes him-
felf Party to the Plea; and by defending the Da-is caft our of his Lands or Poffeffions by Force: Or
mage, he affirms the Plaintiff able to be anſwered it is a With-holding Lands or Tenements by Force
unto: So that if he will fhew any Difability in the from the Right Owner. Co. Litt. 331. A Deforceor is
Plaintiff then he ought to omit the Defence of the one that overcomes and cafts forth by Force and
Damage, and demand Judgment if the Party fhall Violence, and differs from Diffeifor; first, becaufe a
be anſwered unto: For the Refidue of the Defence, Man may diffeife another with Force; and next,
the Defendant accepts the Power of the Court to for that a Perfon may deforce another, who never
hear and determine their Pleas. Terms de Ley 227.was in Poffeffion; as if feveral have Right to Lands
A Defence is fometimes a full Defence, and that is as common Heirs, and one entering keeps out the
where the Plea begins with thefe Words, Venit &reft, the Law faith he deforceth, not diffeifeth them.
Defendit vim & injuriam quando, &c. and this is And (according to Littleton) he who is enfcoffed by
ufual in perfonal Actions: But there is another De-Tenant in Tail, and put in Poffeffion, by keeping
fence in real A&ions, where the Plca begins Venit out the Heir of him in Reverfion who hath Right
&di.it, &c. In every Pracipe, where Land is de- to the Land, the Tenant in Tail being dead, doth
manded, the Defence must be Venit & Defendit jus deforce the Heir, though not diffeife him, becauſe he
fuum, &c. As in a Writ of Intrusion, Writ of Forme entered during the Life of the Tenant in Tail, when
don, &c. Nelf. Abr. 629. A Defendant cannot the Heir had no prefent Right. Alfo a Deforceor dif-
plead any Plea, before he hath made a Defence; fers from an Intruder, by Reaſon a Man is made an
tho' this must not be intended abfolutely, for in a Intruder by a wrongful Entry only into Land void
Scire facias a Defence is never made. 3 Lev. 182. of a Poffeffor: And a Deforceor is he that holds out
Defend, (Defendere) In our ancient Laws and Sta-against the right Heir. Bract. lib. 4. cap. 1.
tutes fignifies to forbid: And there is a Statute in
tituled, Statutum de Defenfione portandi Arma, &c.
7 Ed. 1. In divers Parts of England, we commonly
fay God defend, inftead of God forbid. Blount.
•
Defendant, (Defendens) Is the Party that is fued
in a Perſonal Adion; as Tenant is he that is fued in
an Action Real.
Britt.
cap. 33. Litt. 138. F. N. B. 118. As Force and Vio-
lence are oppofite to the Peace and Juſtice of the
Kingdom; and 'tis a Difgrace to the Law, that any
Perfon fhould prefume to enter forcibly into the
Poffeffion of another, before the Law hath decided
his Title therein; therefore divers Statutes have
been made for Reformation of thefe Abuſes, as
among others the Stat. 5 R. 2. cap. 7. See Forcible
Entry.
Defociant, Mentioned in the Stat. 23 El. c. 3.
is the fame with a Deforceor.
A
Deforciatio, Is uſed for a Diſtreſs, or Holding of
Goods for Satisfaction of a Debt. Paroch. Antiq.
Defendemus, Is an ordinary Word uſed in Grants
and Donations; and hath this Force, that it binds
the Donor and his Heirs to defend the Donee, if any
one go about to lay any Incumbrance on the Thing
given, other than what is contained in the Deed of
Donation. Brač. lib. 2. c. 16. See Warranty.
Defender of the Faith, (Fidei Defenfor) Is a pe-293.
culiar Title belonging to the King of England; as
Catholicas, to the King of Spain; and Chriftianiffimus,
to the King of France, &c. Thefe Titles were given
by the Popes of Rome; and that of Defenfor Fidei was
Degradation, (Degradatio) Is an Ecclefiaftical
Cenfure, whereby a Clergyman is devefted of his
Holy Orders, and there are two Sorts of degrading,
by the Canon Law; one Summary, by Word only:
the
:
DE
DE
i
ment of the Law, Vol. 1. pag. 630. fays, there are
three Sorts of Demands; one in Writing, without
fpeaking, and that is in every Precipe; one without
Writing, being a verbal Demand of the Perfon, who
is to do or perform the Thing; and another made:
without either Word or Writing, which is a De
mand in Law, in Cafes of Entries on Lands, &c. And
as Entry on Land, and taking a Diftrefs, are a De-
.
the other Solemn, by ftripping the Party degraded of
thofe Ornaments and Rights, which are the Enfigns
of his Order or Degree. Selden's Titles of Hon. 787.
Degradation is otherwife called Depofition; and in
former Times, the Degrading a Clerk was no more
than a Difplacing or Sufpenfion from his Office:
But the Canonifts have fince diftinguifh'd between a
Depofition and a Degradation; the one being now
ufed as a greater Punishment than the other, be-mand in Law of the Land and Rent; fo the Bringing
caufe the Biſhop takes from the Criminal all the
Badges of his Order, and afterwards delivers him
to the fecular Judge, where he cannot purge him-
felf of the Offence, whereof he is convicted,
There is likewife a Degradation of a Lord, or a Knight,
c. at Common Law; when they are attainted of
Treafon; as Hill. 18 Ed. 2. Andrew Harcla, Earl of
Carflile, who was alfo a Knight, was degraded, and
when Judgment of Treafon was pronounced against
him, his Sword was broken over his Head, and his
Spurs hewn off his Heels, &c. And there is a De-
grading by Act of Parliament; for by Stat. 13 Car. 2.
cap. 15. William Lord Monfon, Sir Henry Mildmay,
and others, were degraded from all Titles of Honour,
Dignities, and Preheminences, and none of them to
bear or ufe the Title of Lord, Knight, Efquire, or
Gentleman, or any Coat of Arms for ever after.
Dehors, (Fr.) A Word uſed in ancient Pleading,
when a Thing is without the Land, c. or out of
the Point in Queftion. Vide Hors de fon fee.
an Action of Debt for Money due on an Obligation,
is a Demand in Law of the Debt. 1 Lill. 432. Debts,
Claims, &c. are to be demanded and made in Time,
by the Statute of Limitations, 21 Fac. I. c. 16. and
other Statutes; or they will be loft by Law. Where
there is a Duty, which the Law makes payable on
Demand, no Demand need be made; but if there is
no Duty 'till Demand, in fuch Cafe there must be a
Demand to make the Duty. Trin. 3 Ann. ɩ Lill. 432.
Debt on Bond, to be paid prefendly upon Demand,
is a Duty prefently, and requires no Demand. Cro.
Eliz. 548. And upon a Penalty, the Party need
not make a Demand, as he muft in the Cafe of a
Nomine Pane; for if a Man be bound to pay 20 1.
on fuch a Day, and in Default thereof to pay 401.
the 40 1. mult be paid without Demand. i Mod. 89.
If a Man leafes Land by Indenture for Years, re-
ferving a Rent payable at certain Days, and the
Leffee covenants to pay the faid Rent at the Days
limited; the Leffor is intitled to his Rent, without
De Injuria fua propria, Abfque tali Caufa, Are Demand, for the Leffee is obliged to pay it at the
Words uſed in Replications, in Actions of Trefpafs, Days, by Force of his Covenant. 2 Danu. Abr. 101.
or on the Cafe. 1 Lill. Abr. 427. De Injuria faa pro- But if a Leffor makes a Leafe rendring Rent, and
pria is a good Plea, where it comes in Excufe of an
comes in Excufe of an the Leffee covenants to pay the Rent, being law.
Injury alledged to be done to the Perfon of the fully demanded, the Leffee is not bound to pay the
Plaintiff; or where a Defendant juftifies in Defence Rent, without a Demand.
Ibid. 102. A Perfon
of his Poffeffion, if the Title doth not come in makes a Leafe for Life, or Years, referving a Rent
Queftion. 8 Rep. 86. When one juftifies by Com-upon Condition, that if the Leffee doth not pay the
mand or Authority deriv'd from another; or if a Rent at the Day, that then without any Demand it
Defendant juftifies by Authority at Common Law, fhall be lawful for the Leffor to re enter; by this
as a Constable by Arreft for Breach of the Peace; fpecial Agreement of the Parties, the Leffor may
or if he juftifies by A&t of Parliament, &c. De In- enter on Non-payment of the Rent, without any
juria fua propria is a good Replication. Cro. Eliz. Demand. Ibid. 100. A Leafe for Years, with Con-
2 Salk. 628. Scc De fon Tort Demefne.
dition to be void, on Non-payment of the Rent, is
Dei Judicium. The old Saxon Trial by Ordeal not void unless the Rent be demanded, and an En-
was fo call'd; because they thought it an Appeal to try made: And an Intereſt ſhall not be determined,
God, for the Juftice of a Caufe, and verily believed without an a&tual Demand. Hob. 67, 331. 2 Mod. 264.
67,33
that the Decifion was according to the Will and A Demand is to be legal, and made in fuch Manner
Pleaſure of Divine Providence. Domefd.
as the Law requires: If it be for Rent of a Mef-
fuage and Lands, it ought to be made at the Mef-
fuage, at the fore Door of the Houſe, the moſt no-
539.
Deís, The high Table of a Monaftery. See
・Dagus.
Delatura, A Saxon Word fignifying an Accufatorious Place: Where Lands and Wood are let to-
tion: And ſometimes it hath been taken for the Re gether, the Rent is to be demanded on the Land, as
ward of an Informer. Leges H. 1. c. 64. Leges In the moft worthy Thing, and on the most publick
20. apud Brompton.
Part thereof: If Wood only be leafed, the Demand
Delegates, Are Commiffioners of Appeal ap-must be at the Gate of the Wood, &c. 1 Inst. 201.
pointed by the King under the Great Seal; in Ca-
ies of Appeals from the Ecclefiaftical Court, &c.
by Stat. 25 Hen. 8. c. 19. See Court of Delegates.
I
Poph. 58. For Re-entry, the Demand is to be on
the Day of Payment of the Rent, and it must be
exacly obferved: But a Demand at any Time after
Delf, (from the Sax. Delsan, to dig, or delve) due, is fufficient to warrant a Diftrefs. Dyer 51. If
Is a Quarry or Mine, where Sone, or Coal, &c. a Leffor in a Demand of Rent for Re-entry, demand
are dug. Stat. 31 Eliz. cap. 7. We ftill retain the a Penny more or less than due, or. doth not fhew
Word Delve for dig, in fome Parts of this King-the Certainty of the Rent, and the Day of Pay-
dom.
Deliverance. When a Criminal is brought to
Trial, and the Clerk in Court asks him whether he
is Guilty, or Not guilty, to which he replies Not
guilty, and puts himfelf on God and his Country,
the Clerk wifhes him a Good Deliverance.
Delivery of Deeds, On executing them, to give
them Perfection, &c. See Deed.
Demand, (Fr. Demande, Lat. Poftulatum) Signifies
a Calling upon a Man for any Thing due. And
there are two Manner of Demands, the one in Deed
the other in Law: In Deed, as in a Precipe quod
Reddat, there is an exprefs Demand: In Law, every
Entry on Land, Diftrefs for Rent, Taking of Goods,
c. which may be done without Words, is a De-
mand in Law. S Rep. 153. Mr. Nelfon, in his Abridg
ment, and when due, the Demand will not be good:
If the Demand be of all the Rent due, without
fhewing what Rent, and for what Time, &c. it is
not good, 1 Leon. 425. Cro. Eliz. 209. In Order to
Re-entry for Non-payment of Rent on a Leafe, the
Leffor or ſome other Perfon by his Direction, is to
go on the last Day of Payment, a little before Sun-
fet, and make the Demand thus: I do bere demand
the Sum of 10 1. for Half a Year's Rent for this Mef-
fuage due and ending at, &c. and yet unpaid, &c. And
after the Demand, continue at the Place till it be
dark. He that would enter for a Condition broken,
which tends to the Deftruction of an Eliate, muft
1. Demand the Rent. 2. Upon the Land, if there
is no Houſe. 3. If there is a Houfe, at the fore
Door; though it is not material whether any Per-
M m m
fon
DE
DE
?
4
fon be in the Houfe or no. 4. If the Appointment is which hold any of thofe Lands are called Tenants
at any other Place off from the Land, the Demand in Ancient Demain, and the others Tenants in Frank
must be at that Place. 5. The Time of the De-Fee, &c. Kitch. 98. See Ancient Demefne.
mand is to be certain, that the Tenant may be Demile, (Demo) Is applied to an Eftate either
there, if he will, to pay the Rent: And the laft in Fee, for Term of Life, or Years, but commonly
Time of Demand of the Rent, muſt be fuch a con- the latter: It is ufed in Writs for any Eltate.
venient Time before the Sun-fetting of the laft Day 2 Inft. 483. The Word Demifi in a Leafe for Years,
of Payment, as the Money may be number'd. Alfo implies a Warranty to the Leffee and his Affignee;
the Leffor or his fufficient Attorney is to remain and upon this Word Action on the Covenant lies a-
upon the Land, the last Day on which the Rent gainst the Heir of the Leffor, if he out the Leffce:
due ought to be paid, until it be fo dark that he It binds the Executors of the Leffor, who has Fee-
cannot fee to tell the Money: And if the Money Simple, or Fee-Tail; where any Leffee is evicted,
thus demanded is not paid, this is a Denial in Law, and the Executor hath Affers; but not the Leffor
though there are no Words of Denial; upon which for Life's Executors, without exprefs Words, that
a Re-entry may be made, &c. 1 luft. 201, 202. the Leffee fhall hold his whole Term. Dyer 257.
4 Rep 73. A Demand ought to be in the Prefence Fenk. Cent. 35. The King's Death is in Law termed
of Witneffes: And Demands are releafed by a Re- the Demife of the King, to his Royal Succeffor, of his
leafe of all Demands; which difcharges all Free- Crown and Dignity, &c.
holds, Rights of Entry, Actions, &c. 8 Rep. 153.
Demandant, (Peters) All civil Actions are pro-
fecuted either by Demands or Plaints, and the Pur-
fuer is called Demandant, in Actions Real; and,
Plaintiff, in Perfonal Actions: In a real Action, the Grant of a Rent-charge, &c.
Lands, &c. are demanded. Co. Lit. 127.
•
Demife and Bedemife. The Conveyance by De-
mife and Redemife, is where there are mutual Leafes
made from one to another on each Side of the fame
Land, or fomething out of it; and is proper upon
Demurrer, (in Latin Demorare, from the Fr. De-
Demefne, or Demain, (Dominicum, Domanium) meurer) Is a Kind of Paufe or Stop, put to any Ac-
Is a French Word otherwife written Domaine, and fig-tion, upon a Point of Difficulty, which must be de-
nifieth Patrimonium Domini. Demains, according to termined by the Court, before any farther Pro-
common Speech, are the Lord's chief Manor-Place, ceedings can be had therein: For in every Action,
with the Lands thereto belonging; which he and the Controverfy confifts either in Fact or in Law;
his Ancceftors have from Time to Time kept in if in Fact, that is tried by the Jury; but if in Law,
their own manual Occupation, for the Maintenance the Judge with his Affociates proceeds to Judgment;
of themſelves and their Families: And all the Parts and whatever they conclude ftands firm without any
of a Manor, except what is in the Hands of Free Appeal. Smith de Repub. Ang. lib. 2. c. 13. This De-
holders, are faid to be Demains. Copyhold Lands murrer is in our Records expreffed in Latin by Mora-
have been accounted Demains, becaufe they that tur in Lege: And when any Action is brought, and
are the Tenants thereof are judged in Law to have the Defendant faith that the Plaintiff's Declaration
no other Eftate but at the Will of the Lord; fo that is not fufficient for him to anſwer unto; or when the
it is still reputed to be in a Manner in the Lord's Defendant pleads, and the Plaintiff fays, that it is
Hands: But this Word is oftentimes ufed for a Di- not a fufficient Plea in Law, and the Defendant fays,
Itinction between thofe Lands that the Lord of the that it is a good Plea; and thereupon both Par-
Manor hath in his own Hands, or in the Hands of ties fubmit to the Judgment of the Court: This is
his Leffee demifed at a Rack Rent, and fuch other a Moratur in Lege, 1 Lil. Abr. 435. So that a Demur-
Land appertaining to the Manor, which belongeth rer is an Iffue joined upon Matter of Law, to be de-
to Free or Copyholders. Brat. lib. 4. tract. 3. cap.termined by the Judges; and is an Abiding in Point
9. Fleta, lib 5. cap. 5. As Demains are Lands in of Law, and a Referring to the Judgment of the
the Lord's Hands manually occupied, fome have Court, whether the Declaration or Plea of the ad-
thought this Word derived from De manu; but it verfe Party is fufficient in Law to be maintained.
is from the Fr. Demaine, which is ufed for an In-Finch, lib. 4. cap. 40. 1 Inft. 71. And a Demurrer may
heritance, and that comes from Dominium, because be to the Writ, Count, or Declaration, or to any
à Man has a more abfolute Dominion over that Part of the Pleadings: Alfo a Demurrer may be to
which he keeps in his Hands, than of that which a Demurrer, as where the Demurrer is double, and he
he lers to his Tenants. Blount. Domanium properly that demurs affigns one Error in Fact and another
fignifies the King's Lands in France, appertaining to in Law, which is ill, and may be demurred unto on
him in Property: And in like Manner do we in the other Side. 1 Lill. 43 S. Demurrers to Pleas, &c.
fome Sort ufe it here in England; for all Lands 'tis are General, without fhewing any particular Caufe;
faid are either mediately or immediately from the or Special, where the Caufes of Demurrer are parti-
Crown; and when a Man in Pleading would fig-cularly fer down: And the Judgment of the Court
nify his Land to be his Own, he faith, that he is is not to be prayed upon an infufficient Declaration
feifed thereof in his Demain, as of Fee; whereby is or Plea, otherwile than by Demurrer; when the
meant, that although his Land be to him and his Matter comes judicially before the Court. If in
Heirs, it depends upon a fuperior Lord, and is held Pleadings, &c. a Matter is infufficiently alledged,
by Rent or Service, &c. Litt. lib. 1. cap. 1. From that the Court cannot give certain Judgment upon
this it hath been obſerved, that Lands in the Hands it, a general Demurrer will fuffice; and for Want of
of a common Perfon, cannot be true Demains: And Subftance, a general Demurrer is good: But for
certain it is, that Lands in the Poffeffion of a Sub- Want of Form, there must be a fpecial Demurrer,
je&t are called Demains in a different Senfe from the and the Caufes fpecially affigned. Pract. Attorn. Edit,
Demain Lands of the Crown. For Demains or Do- 1. p. 84. And as he that demurs generally, confefferh
mains in the Hands of a Subject, have their Deriva-all Masters of Fact that are well and fufficiently
tion à Domo, because they are Lands in his Poffef pleaded; fo he that makes a fpecial Demurrer, can
fion for the Maintaining of his Houfe: But the Do-take no Advantage of any other Matter of Form,
mains of the Crown are held of the King, who is
abfolute Lord, having proper Dominion; and not by
any feudal Tenure of a fuperior Lord, as of Fec.
Wood's Inft. 139. Demain is fometimes taken in a
Special Signification, as oppofite to Frank Fee: For
Example, thofe Lands which were in the Poffeffion
of King Edward the Confeffor, are called Ancient De-
mains, and all others Frank Fee; and the Tenants
2
but what is expreffed in his Demurrer; tho' he may
take Advantage of Matter of Subftance, if the De-
murrer be Special, and the Caufes not fet down, 10
Rep. 88. By Statute, Judges are to proceed to give
Judgment in Actions, according to the Right of the
Caule, after Demurrer joined, without Regard to
Defects of Proceedings, except fuch as are expref-
fed with the Demurrer; but this not to extend to In-
dictments,
$
1
DE
DE
1
✓
waved. And the general formal Words of a De-
murrer are, Quod Breve vel Nar. vel Placitum, &c.
Materiaque in eodem content. minus fufficiens in Lege
exift, &c. 1 Lill, 435.
Form of a Demurrer to a Declaration in Engliſh.
AND
defends the Force, Injury, and Damages, and
ND the faid C. D. by, &c. his Attorney, comes
whatever else he ought to defend, when and where the
Court will confider thereof; and the faid C. prays Fudg
ment of the Declaration of the faid A. because he faith,
that the faid Declaration, and the fubject Matter therein
contained, are infufficient in Law for him the faid A. to
maintain his faid Action against the faid C. To which
Declaration the faid C. is under no Neceffity, or in any
wife bound by the Law of the Land to answer; and this
he is ready to verify: Whereupon for Want of a fufficient
Declaration in this Cafe, the faid C. prays Fudgment of
the faid Declaration, and that the fame may be quafb'd,
&c.
A
Form of the Foinder in Demurrer.
dictments, c. in criminal Profecutions. Stat. 27
Eliz. cap. 5. And by 4 & 5 Ann. cap. 16. the Caufes
of Demurrer are to be fpecially fet down, or the
Judges fhall give Judgment without regarding any
Imperfections in Writs, Declarations, Pleadings, &c.
A Defendant is to demur where he may do it; for
if the Defendant pleads in any Cafe, where he can
demar, he fhall not afterwards take Advantage in
Arreft of Judgment, Writ of Error, &c. Plowd. 182.
If any special Matter is pleaded, which hath the
Colour of a Plea but amounts to the General Iffue;
'ris no Cauſe of Demurrer. 5 Mod. 18. There cannot
be a 'Demurrer in Abatement; and where a Defen-
dant demurs only in Abatement, the Court may give
final Judgment: But it may be to a Plea in Abate-
ment. 1 Salk. 220. 1 Nelf. Abr. 634. After the Plain-
tiff and Defendant have join'd Iffue, which goes to
the Whole, neither of them can demur, without
Confent of the other: But one may demur to one
Part of a Declaration, and plead to the other Part
thereof, with a Quoad, &c. And where there is an
Iffue to Part of the Defendant's Plea, and a Demur-
rer to other Part of it, the Plaintiff before or af-
ter Judgment given on the Demurrer, may try the
Iffue; though 'tis ufual to give Judgment on the
ND the faid A. faith, that notwithstanding any
Demurrer hift. 1 Lill. Abr. 437. 1 Inft. 71. 1 Saund.
Thing above alledged by the faid C. the faid Decla-
80. If a Defendant pleads to Part, and demurs to ration ought not to be quash'd; because he faith, that the
Part; the Demurrer fhall first be determined, and faid Declaration, and the Subject Matter therein contained,
the Iffue laft; becauſe upon the Trial of the Iffue, are good and fufficient in Law, for him the faid A. to
the Jury may affefs Damages as to both. Palm. 517. maintain his faid Action against the faid C. which faid
Where there is a Demurrer in Part, and Iffue is join- Subject Matter contained in the faid Declaration, the faid
ed upon the other Part, and the Plaintiff bath Judg- A. is ready to verify and prove in fuch Manner as the
ment on the Demurrer; here he may enter a Non. Court fhall think fit: And becauſe the ſaid A. hath made
Prof. as to the Iffue, and proceed to a Writ of In- no Answer thereto, nor hitherto in any Manner denied the
quiry upon the Demurrer: But otherwife he cannot fame, the faid A. prays Judgment, and that his Dama-
have fuch Writ of Inquiry. 1 Salk. 219. A Demur-ges occafioned by the Premiffes may be awarded to him,
&c.
rer is to be figned, and argued on both Sides by
Counfel; and if a Party be delay'd in his Pro-
Demurrer to Evidence, Is where a Queſtion of
ceedings by Demurrer, he may move the Court to
appoint a ſhort Day after to hear Counſel on the Law doth arife thereupon: As if the Plaintiff
Demurrer, and the Court will grant it. Trin. 23 Car. duces in Evidence, any Records, Deeds, Writings,
B. R. After a Demurrer is joined, the Plaintiff ha-c. upon which a Queſtion of Law ariſes, and the
ving enter'd it in the Roll, delivers the Roll to the Defendant offers to demur upon it; and then the
Secondary, and makes a Motion for a Confilium or Plaintiff muft join in Demurrer, or waive his Evi-
Day to argue it, which the Court grants of Courfe, dence. So if the Plaintiff brings Witneffes to prove
on the Secondary's reading the Record; then the a Fact, and a Matter of Law arifeth upon it; if the
Demurrer must be entered by the Plaintiff in the Defendant admits their Teſtimony to be true, there
Court-Book with the Secondary, who on his Rule alfo the Defendant may demur in Law: And fo may
fets down the Day appointed for Argument, at leaſt the Plaintiff demur upon the Defendant's Evidence.
four Days before the Demurrer is argued: And Pa- And in thefe Cafes, the Counfel for the Plaintiff
per-Books are made and delivered to the Judges. and Defendant agree the Matter of Fact in Difpute;
The Demurrant argues firft, and the Court will hear and the Jury are diſcharged; and the Matter of
but two Counsel on a Day, viz. one of a Side, and Law is referred to the Judges to determine. But
feldom give Judgment the fame Day; and if de- where Evidence is given for the King, in an Infor-
fired on either Side, (unless the Cafe be very plain) mation or other Suit, and the Defendant offers to
the Court will hear further Arguments the next demur upon it, the King's Counſel are not obliged
Term. The whole Record is not to be read, on to join therein; but the Court ought to dire& the
opening the Demurrer; except the fame be to the Jury to find the fpecial Matter. And indeed becauſe
Declaration only: But where it appears to be for Juries of late ufually find a doubtful Matter fpe-
Delay, the whole Record will be heard by the Court, cially, Demurrers upon Evidence are now feldom used.
tho' there be a Plea, &c. And if it be found meerly 5 Rep. 104. 1 Inſt. 72. 2 Inft. 426. If the Court doth
for Delay, Judgment fhall be given prefently. If the not agree to a Demurrer to the Infufficiency of Evidence
major Part of the Judges of the Court can't deter- in a Civil Cauſe; they ought to feal a Bill of Excep-
mine the Matter on the Demurrer, it is to be fent tions, &c. 9 Rep. 13.
into the Exchequer Chamber to be determined by
all the Judges of England. 1 Inft. 71. Practif. Attorn.
Edit. 1. p. 154.
When the Court gives Judgment on
Demurrer in Debt for the Plaintiff in the Action,
the Judgment is for the Plaintiff to recover his
Debt, Cofts and Damages, but if it be in Action of
the Cafe, a Writ of Inquiry of Damages must be
awarded, before Judgment on the Demurrer. If
Judgment on the Demurrer is for the Defendant
in the Action, the Judgment is, that the Plain-
tiff Nihil Capiat per Breve, or per Billam, and that
the Defendant eat fine die. Wood's Inft. 603. A De-
murver, being entered, it cannot be afterwards
pro-
Demurrer to Indi&ments, If a Criminal joins
Iffue upon a Point of Law in an Indictment or Ap-
peal, allowing the Fact to be true, as laid therein,
this is a Demurrer in Law: And if the Indictment
or Appeal proves good in Law, in the Opinion of
the Judges, they proceed to Judgment and Execu-
tion, as if the Party had been convicted by Confef
fion or Verdi&. And tho' by the Criminal's De-
murrer, he refufeth to put himself upon Trial by
Jury, yet he fhall not as in other Cafes, be put un-
der the Pain fort & dure; for a Demurrer is allowed
to be tried by the Judges, and not by the Inqueft.
And he that is condemned on Demurrer, is faid to
be
1
DE
DE
O
1
be convict; for whoever is adjudged, is convicted | enjoy. Bract. lib. 5. tract. 5. cap. 25. 2 Inft, 741. When
by Law. 2 Inft. 178. H. P. C. 243. S. P. C. 150.
1 Hawk, P. C. 14. But fee 2 Hawkins 334.
Demy Sangue, Is the Half Blood: Where a
Man marries a Woman, and hath Iffue by her a
Son, and the Wife dying he marries another Wo-
man, by whom he hath alfo a Son; now theſe two
Sons, though they are called Brothers, are but Bro-
thers of the Half-Blood, because they had not both
one Father and Mother: And therefore by Law
they cannot be Heirs to one another; for he that
claims as Heir to another by Difcent, must be of
the whole Blood to him from whom he claimeth.
Terms de Ley 234.
Den. The Names of Places ending in Den, as
Biddenden, &c. fignify the Situation to be in a Val-
ley, or near Woods; from the Sax. Den, i. e. Vallis,
Locus Sylveftris. Blount.
the King makes a Denizen by Letters Patent, he may
purchafe Lands, and his Iffue born afterwards may
inherit them; but thofe he had before fhall not:
And though a Denizen is enabled to purchaſe, he
cannot inherit the Lands of his Anceſtors; but as
a Purchafor he may enjoy them; and he may take
Lands by Devife. 1 Inft. 8. 11 Rep. 67. 5 Rep. 52.
Aliens made Denizens are incapable of Offices in the
Government, to be Members of Parliament, &c. by
Stat. 12 W. 3. cap. 2., I Geo. 1. c. 4. It is fo high a
Prerogative to make Aliens Subjects and Denizens,
that the King cannot grant this Power over to any
other. 7 Rep. Wood's Inft. 22.
Denthiring of Land, Is the Cafting Parings of
Earth, Turf, and Stubble into Heaps, which when
dried are burnt into Afhes, for a Compoft on poor
barren Land. This Method of Improvement is ufed
Den and Strond, Is a Liberty for Ships or Vef- on taking in and inclofing Common and Walte
fels to run or come afhore: And K. Ed. 1. by Char-Ground; and in many Parts of England is called
ter granted this Privilege to the Barons of the Burn-beating, but in Staffordshire and other Counties,
Cinque Ports. Placit. temp. Ed. 1.
they term it Denfering of Land.
Dena terræ, A hollow Place between two Hills;
and the Word Dena is ufed for a little Portion of
woody Ground, commonly called a Copice.
Et una parva Dena Sylva. Domefd..
·
Denarii, A general Term for any Sort of Pecu-
"cunia numèrata, or ready Money. Paroch. Antiq. 320.
Denarii de Caritate, Cuftomary Oblations made.
to Cathedral Churches about the Time of Pentecoft,
when the Parish-Pricfts and many of their People
went in Proceffion to vifit their Mother Church;
This Cuftom was afterwards changed into a fettled
Due, and ufually charged upon the Parish Prieft;
though at firft it was but a Gift of Charity, or Pre-
fent, to help maintain and adorn the Bishop's Sec.
Cartular. Abbat. Glafton. MS. f. 15.
Denarius, An English Penny: It is mentioned in
the Stat. Ed. 1. De compofitione menfurarum, &c.
Denarius Dei, God's Penny, or Earnest Money
given and received by the Parties to Contracts, &c.
This Earnest Money is called Denarius
Dei, or God's Penny, becaufe in former Times, the
Piece of Money to given to bind the Contract, was
given to God, i. e. To the Church, or the Poor.
Denarius S. Petri, A annual Payment of one
Penny from every Family to the Pope, during the
Time that the Roman Catholick Religion prevailed
in this Kingdom, paid on the Feast of St. Peter.
Stat. 25 H. 8. c. 25. See Peter-Pence.
Denarius tertius Comitatus. Of the Fines and
other Profits of the County-Courts, originally when
thofe Courts had fuperior Jurifdiction before other
Courts were ere&ted, two Parts were referved to the
King, and a third Part or Penny to the Earl of the
County; who either received it in Specie at the Affi-
zes and Trials, or had an equivalent Compofition
for it out of the Exchequer. Paroch. Antiq. 418.
Denbera, (From the Sax. Den, a Vale, and Berg,
a Barrow or Hog) A Place for the Running and
Feeding of Hogs, wherein they are penn'd; by
fome called a Swinecomb. Cowel.
Denizen, (Fr. Donaiſon) Is an Alien enfranchiſed,
and made a Subject by the King's Letters Patent;
and is called Donaifon, becaufe his Legitimation pro-
ceeds ex donatione Regis, from the King's Gift. Such
a one is enabled in many Refpects, to do as the
King's native Subjects do, to purchafe and poffefs
Lands, enjoy any Office or Dignity; and when he is
thus enfranchised, he is faid to be under the King's
Protection, or Effe ad fidem Regis Anglie; before
which Time he can poffefs nothing in England. But
notwithſtanding this, it is fhort of Naturalization;
for a Stranger naturalized may inherit Lands by
Difcent, which a Denizen cannot: And in the Char-
ter, whereby a Perfon is made a Denizen, there is
commonly contained fome Claufe that exprefly a
bridges him of that full Benefit which natural Subje&ts |
4
De non Decimando, To be difcharged of Tithes.
See Modus Decimandi.
De non Residentia Clerici Regis, Is an ancient
Writ where a Parfon is employed in the King's Ser-
vice, &c. to excufe and difcharge him of Non-refi-
dence. 2 Inſt. 6'24.
Dentrix, A Fish with many Teeth. Chart. H. 6.
Monaft. Ramfey.
Deodand, (Deo dandum) Is a Thing given as it
were to God, to appease his Wrath, where a Perfon
comes to a violent Death by Mifchance, not by any
reafonable Creature; and is forfeited to the King,
or Grantee of the Crown; and if to the King, his
Almoner difpofes of it by Sale, and the Money ari-
fing thereby he diftributes to the Poor: Alfo if for-
feited to the Lord of a Liberty, it ought to be thus
diftributed. 3 Inft. 57. 5 Rep. 110. I Nelf. 636. The
Original of Deodands is faid to come from the No-
tion of Purgatory; for when a Perſon came to a
fudden and untimely Death, without having Time
to be ſbrieved by a Prieft, and to have the Extream
Unction adminiftred to him, the Thing which had
been the Occafion of his Death, became Deodand;
that is, was given to the Church, to be diftributed
in Charity, and to pray for the Soul of fuch decea-
fed Perfon out of Purgatory. 1 Lill. 443. There are
feveral Examples of Forfeitures in Cafes of Deodands;
as if a Man in driving a Cart, falls fo as the Cart-
wheel runs over him, and preffeth him to Death;
the Cart-wheel, Cart, and Horfes are forfeited to
the Lord of the Liberty: For Omnia que movent ad
mortem funt Deodanda. Bract. lib. 3. tract, 2. cap. 5.
But it hath been obferved, that at this Day, it a
Man be killed by the Wheel of a Cart drawn
with Horfes, the Jury find that only Deodard
which was the immediate Caufe of his Death,
viz. the Wheel; which is then feiſed by the Lord
of the Manor, and converted to his own Ufc.
Nelf. 639. If a Man riding over a River, is
thrown off his Horfe by the Violence of the Water,
and drown'd, his Horfe is not Deodand; for the
Death was caufed per Curfum Aqua. 2 Co. 483. Where
one under fourteen Years of Age, falls from a Cart,
Horfe, &c. they are not Deodand; but if a Horfe
ftrikes and kills fuch a Perfon, it is Deodand. 3 Inft.
57. And if a Perfon wounded by any Accident, as
of a Cart, Horfe, & die within a Year and a Day
after, what did it is Deodand: So that if a Horfe
ftrikes a Man, and afterwards the Owner fells the
Horfe, and then the Party that was stricken dies of
the Stroke, the Horfe, notwithstanding the Sale, fhäll
be forfeited as Deodand. Plovd. 260. 5 Rep. 110.
one falls out of a Veffel in Salt Water, the Veffel is
not Deodand, and Accidents at Sea are frequently
happening; but if one fall out of a Veffel in fresh
Water, it is faid to be otherwife. Wood's Inft. 212.
If
Things
DE
DE
Things fixed to the Freehold; as a Bell banging in a | which he had not done; on Demurrer this was held
Steeple, a Wheel of a Mill, &c. unless fevered from a Departure from the Plea, being all new Matter.
the Freehold, cannot be Deodands. 2 Inft. 281. And 2 Bulft. 39. Godb. 155. 1 Nelf. 637. After Nullum
there is no Forfeiture of a Deodand, till the Matter fecerunt Arbitrium, the Defendant cannot plead that
is found of Record, by the Jury that finds the Death; the Award is void, without being a Departure from
who ought alfo to find and appraiſe the Deodand. 5 the former Plea: And if where Nul tiel Award is
Rep. 110. 1 Inst. 144. After the Coroner's Inquifi- pleaded; then the Award is fet forth, and a Joinder
tion, the Sheriff is answerable for the Value, where that it was not tendered, it is a Departure. 1 Lev.
the Deodand belongs to the King; and he may levy 133. Lut. 385. A Departure must be always from
|
the fame on the Town, &c. Wherefore the In- fomething that is material; or it will not be allowed:
queft ought to find the Value of it. 1 Hawk. 67. If in Trefpafs for taking Goods, the Plaintiff reply,
Deodands were likewife the Goods and Chattels of that after the Taking, the Defendant converted them
Felo de fe, &c. I Lill. 443.
to his own Ufe, this being an Abuſe makes a Tref
pafs; and the Converfion is either Trover or Tref
pafs at the Plaintiff's Election, fo that by his Re-
plication he may make it Trefpafs, and be no De-
parture. I Salk. 221, 222. In Circumftances of Time,
c. laid as to Promiſes, the Plaintiff is not tied to
a precife Day; for if the Defendant by his Plea,
force the Plaintiff to vary, it is no Departure from
his Declaration. 1 Nelf. 640, 641. And if another
Place be mentioned in the Replication, in Action
of Debt; as this is a perfonal Thing, 'tis no Depar
ture, becauſe he who is indebted to another in one
Place, is fo in every Place. Sid. 228. A Departure
being a Denial of what is before admitted, is a Say-
ing and Unfaying, and for that one Iffue cannot be
joined upon it, 'tis naught for the Uncertainty.
1 Lill 444
De onerando pzo rata Poztíonís, Is a Writ that
lies where a Perfon is diftrained for Rent, that
ought to be paid by others proportionably with him.
F. N. B. 234. If a Man hold twenty Acres of Land,
by Fealty and twenty Shillings Rent; and he aliens
one Acre to one Perfon, and another Acre to another,
c. the Lord fhall not diftrain one Alienee for the
whole Rent, but for the Rate and Value of the
Land he hath purchaſed, &c. And if he be diftrain-
ed for more, he shall have this Writ. New Nat. Br.
586.
Departure in Despite of the Court, and Entry
of it. See Default.
Departers of Gold and Silver, The Parters or
Dividers of thoſe Metals, from others that are coar-
fer. Stat. 4 H. 7.
Depopulation, (Depopulatio) Is a Wafting or De-
ftruction; a Defolation or Unpeopling of any
Place, by Fire, Sword, Peftilence, &c. 12 Rep. 30.
Depopulatozes grozum. Thefe were great Of
fenders, by the ancient Common Law; fo called,
becaufe by Proftrating and Ruining of Houfes of
Habitation of the King's People, they as it were
depopulated Towns and Villages, leaving them with-
Departure, Is a Word in our Law properly ap-
plied to a Defendant, who firft Pleading one Thing
in Bar of an A&tion, and being replied unto in his
Rejoinder, he quits that and fhews another Matter,
contrary to, or not purſuing his first Plea, which is
called a Departure from his Plea: Alfo where a Plain-
tiff in his Declaration fets forth one Thing, and
after the Defendant hath pleaded, the Plaintiff in
his Replication fhews new Matter different from his
Declaration, this is a Departure; as in Coke's Institutes,
The Defendant demurred, because it was a Departure
from the Declaration. Plowd. 7, S. 2 Inft. 147. But
if a Plaintiff in his Replication depart from his
Count, and the Defendant takes Iffue upon it; if it
be found for the Plaintiff, the Defendant ſhall take
no Advantage of that Departure: Though it would
have been otherwife, if he had demurred upon it.
Raym. 86. 1 Lill. Abr. 444. If a Man plead a ge-
neral Agreement in Bar, and in his Rejoinder al-out Inhabitants. Stat. 4 Hen. 4. cap. 2. 3 Inft. 204.
ledge a fpecial One, this is a Departure in Pleading: Depolition, (Depofitio) Is the Teftimony of a Wit
And if an Action is brought at Common Law, and nefs, otherwife called a Deponent, put down in Wri-
the Plaintiff by his Replication would maintain it ting by Way of Anfwer to Interrogatories exhibited.
by Virtue of a Cuftom, &c. it hath been held a De- for that Purpofe, in Chancery, &c. Proof in the
parture. I Nelf. Abr. 638. Where a Matter is omit- High Court of Chancery is by Depofitions of Wit-
ted at firft, it is a Departure to plead it afterwards. neffes; and the Copies of fuch regularly taken and
Ibid. If in Covenant, the Defendant pleads Per- publifhed, are read as Evidence at the Hearing:
formance; and after rejoins that the Plaintiff oufted And Depofitions taken in one Caufe, may be uſed at
him, it is a Departure from his Plea. Raym. 22. In the Hearing of another Caufe, when they are be-
Debt upon Bond for Performance of Covenants in tween the fame Parties, &c. without Motion; but
a Leafe, the Defendant pleaded Performance; and in a Caufe between other Parties, though touching
afterwards in his Rejoinder fet forth that fo much the fame Matters, this will not be allowed, without
was paid in Moncy, and fo much in Taxes, &c. fpecial Order of Court; neither will Depofitions in
upon Demurrer it was adjudged a Departure from other Courts be permitted to be read, without fuch
the Plea; becauſe he had pleaded Performance, and Order. Practif. Attorn. Edit. 1. p. 233, 234 Depofitions
afterwards fets forth other Matter of Excufe, &c. in the Chancery after a Caufe is determined, may
1 Salk. 221. Debt upon Bond for Performance of be given in Evidence in a Trial at Bar in B. R. in
an Award, made for Payment of Money; if the a Suit for the fame Matter, between the fame Par-
Defendant plead Performance, and the Plaintiff ties, if the Party that depofed be dead; but not o-
having replied and affigned a Breach of Non-pay- therwife, for if he be living, he muft appear in Per-
ment, the Defendant rejoins that he is ready fon in Court to be examined, &c. 1 Lill. Abr. 445.
to pay the Money at the Day, &c. this is a Depar- And where Witneffes in a Caufe are going to Sea,
ture from his Plea; for Performance is Payment of or long Journies, the Court of B. R. will give Leave
the Money, and Payment and ready to pay are to examine them on Interrogatories, at a Judge's
different Iffues. Sid. 10. 4 Leon. 79. In Debt up-Chamber, in the Prefence of the Attornies on both
on Bond for Non-performance of an Award; the
Defendant pleads that the Award was, that he
fhould releafe all Suits to the Plaintiff, which he
had done; the Plaintiff replics that fuch an Award
was made, but that the Award was further, that
the Defendant fhould pay to the Plaintiff fuch a
Sum, &c. the Defendant rejoins that true it is, that
by the Award he was to pay the Plaintiff the faid
Sum, but that the Award was alfo, that the Plaintiff
fhould relcafe to the Defendant all Actions, &c.
Sides; which Depofitions in fuch Cafe fhall be admit-
red to be good Evidence. Ibid. Depofitions of Ir-
formers, &c. taken upon Oath before a Coroner,
upon an Inquifition of Death; or before Juftices of
Peace on a Commitment or Bailment of Felony,
may be given in Evidence at a Trial for the fame
Felony, if it be proved on Oath that the Informer
is dead, or unable to travel, or kept away by the
Procurement of the Prifoner; and Oath muft be
made that the Depofitions are the fame that were
Nnn
fworn
C
DE
DE
·
fworn before the Coroner or Juftice, without any all thefe have been held good Caufes for Deprivations
Alteration. 2 Hawk. P. C. 429. But the Depofitions of Pricfts. Degg's Parfon's Counsellor, 98, 99, &c.
taken before a Coroner, cannot be given in Evi-3 Inft. 204. And refufing to use the Common Pray-
dence upon an Appeal for the fame Death; becaufe ers of the Church; Plurality of Livings, &c. are
it is a different Profecution from that wherein they Caufes of Deprivation ipfo facto, in which Cafe the
were taken: And it has been adjudged, That the Church fhall be void, without any Sentence decla-
Evidence given by a Witnefs at one Trial, could ratory; And Avoidances by Act of Parliament need
not in the ordinary Courſe of Justice be made Ufe no declaratory Sentence: But in other Cafes there
of against a Criminal, on the Death of fuch Wit- must be a declaratory Sentence. Dyer 275 Where
nefs, at another Trial. Ibid. 430. It was adjudged a Benefice is only voidable, but not void before
in the Earl of Strafford's Trial, that where Witnef Sentence of Deprivation, the Party must be cited to
fes could not be produced, by Reafon of Sickness, appear; there is to be a Libel against him, and a
&c. their Depofitions might be read, for or againft Time affigned to answer it, and alfo Liberty for
the Prifoner on a Trial of High Treafon; but not Advocates to plead, and after all a folemn Sentence
where they could be produced in Perfon: And that pronounced: Though none of theſe Formalities
Depofitions by a Witneſs before a Juftice of Peace, are required, where the Living is made ipfo facto
might, at the Prisoner's Defire, be read at the void. Can. 122. If a Deprivation be for a Thing
Trial; in order to take off the Credit of the Wit-merely of Ecclefiaftical Cognizance, no Appeal lies;
nefs, by fhewing a Variance between fuch Depofitions but the Party has his Remedy by a Commiffion of
and the Evidence given in Court. Ibid. Depofition Review, which is granted by the King of mere
is ufed in the Law in another Senfe, viz. To fignify Grace. 26 H. S. Moor 781.
the Depriving a Perfon of fome Dignity: And Depo- Deputy, (Deputatus) Is he that exercifes an Office,
fition is alfo taken for Death; and Dies Depofitionis, &c. in another Man's Right; whofe Forfeiture or
the Day of one's Death. Littleton's Dic.
Mifdemeanor, fhall caufe him, whofe Deputy he is,
:
2
:
1
.
Deprivation, (Deprivatio) Is a Depriving or Ta-to lofe his Office. The Common Law takes Notice
king away; as when a Bifhop, Parfon, Vicar, c. of Deputies in many Cafes, but it never takes Notice
is depofed from his Preferment. Of Deprivations of Under-Deputies; for a Deputy is generally but a
there are two Sorts, Deprivatio à Beneficio, and ab Perfon authoriſed, who cannot authorite another.
Officio; the Deprivation à Beneficio is when for fome Lill. Abr. 446. A Man cannot make his Deputy
great Crime, &c. a Minifter is wholly deprived of in all Cafes; except the Grant of the Office justify
his Living And Deprivation ab Officio is where a Mi-him in it, as where it is to one, to execute by
nifter is for ever deprived of his Orders, which is alfo Deputy, &c. Litt. 319. Judges cannot a&t by De-
called Depofition or Degradation; and is commonly puty, but are to hold their Courts in Perfon; for
for fonte heinous Offence meriting Death, and per- they may not transfer their Power over to others.
formed by the Biſhop in a folemn Manner. Blount. 2 Hawk. P. C. 3. But it has been adjudged, that
Deprivation à Beneficio is an A&t of the Spiritual Recorders may hold their Courts by Deputy. i Lev.
Court, grounded upon fome Crime or Defect in the 76. 1 Nelf. 643. The Office of Cuftos Brevium and
Perfon deprived, by which he is difcharged from his Chirographer in C. B. cannot be executed by De-
Spiritual Promo ion or Benefice, upon fufficient puty. I Nelf. Abr. 644. A Steward of a Court may
Caufe proved againſt him. I Nelf. Abr. 641. Depri- make a Deputy; and A&ts of an Under-Steward's De-
vation may also be by a particular Claufe in fome puty have been held good in fome Cafes. Cro. Eliz.
Act of Parliament: The Deprivation of Bishops, &c. 534. A Sheriff may make a Deputy; it is incident
is declared lawful by Statute 39 Eliz. c. 8. And by to his Office, though no exprefs Power is given by
the King's Commiffion, as he hath the Supremacy his Patent; and he hath equal Power with the
lodged in him, a Bifhop may be deprived; for fince High Sheriff. 9 Rep. 49. A Coroner ought not to
a Bishop is vefted with that Dignity by Commiffion execute his Office by Deputy, it being a judicial Of
from the King, 'tis reafonable he should be deprived, fice of Truff; and judicial Offices are annexed to
where there is juft Caufe, by the fame Authority the Perfon. t Lill. 446. If the Office of Parkerfhip
But the Canons direct, that a Bishop fhall be debe granted to one, he may not grant this to an-
prived in a Synod of the Province; or if that cannot other; becauſe it is an Office of Truft and Confi-
be affembled, by the Archbishop, and twelve Bidence. Terms de Ley 239. A Bailiff of a Liberty,
fhops at leaft, not as his Affiftants, but as Judges: may make a Deputy. Cro. Fac. 240. And a Confta.
Though I think this Canon was never received in ble may make a Deputy, who may execute the War-
England. Young Clergyman's Lawyer 105. It has been rant directed to the Conftable, &c. 2 Danv. 482.
adjudged, that an Archbishop may deprive a Bifhop When an Office defcends to an Infant, Ideot, c.
for Simony, &c. for he hath Power over his Suffra fuch may make a Deputy of Courfe. 9 Rep. 47•
gans, who may be punished in the Archbishop's Where an Office is granted to a Man and his Heirs,
Court for any Offence against their Duty. 1 Salk. he may make an Affignce of that Office; and by
Rep. 134. The Caufes of Deprivation are many: If a Confequence a Deputy. 9 Rep. A Deputy of an Of
Clerk obtains a Preferment in the Church, by Si-fice, hath no Intercft therein, but doth all Things
moniacal Contract; if he be an Excommunicate, a in his Mafter's Name, and his Mafter fhall be an-
Drunkard, Fornicator, Adulterer, Infidel, Schifma- fwerable; but an Affignee hath an Intereft in the
tick or Heretick; or guilty of Murder, Manflaugh- Office, and doth all Things in his own. Name, for
ter, Perjury, Forgery, &c. If a Clerk be an Illi- whom his Grantor fhall not anfwer, unless in Spe-
terate, and not able to perform the Duty of his cial Cafes. Terms de Ley 239, 240. A fuperior Of
Church; if he is a fcandalous Perfon in his Life ficer muft answer for his Deputy in Civil Actions, if
and Converfation; or Baftardy is objected against he is not fufficient: But in Criminal Cafes it is o-
him; if one be a mere Layman, and not in Holy
Orders; or under Age, viz. the Age of twenty-three
Years; be difobedient and incorrigible to his Ordi-
nary; or a Nonconformist to the Canons; if a Par-
ſon refuſe to uſe the Common Prayer, or preach in
Derogation of it; do not adminifter the Sacraments,
or read the Articles of Religion, &c. If any Par-
fon, Vicar, c. have one Benefice with Cure of
Souls, and take Plurality, without a Faculty or
Difpenfation: Or if he commit Wafte in the Houfes
and Lands of the Church, called Dilapidations;
I
therwife, where Deputies are to anfwer for them-
felves. 2 Inft. 191, 466. Doct. & Stud. c. 42,
De quibus fur Diffeisin, Is a Writ of Entry,
mentioned in our Books treating of Writs. F. N. B.
191.
Der, (From Sax. Deor, Fera) The Names of Places
beginning with this Word, fignify that formerly
wild Beafts herded there together.
Deraign or Deteyn, (Difrationare) Secms to be
derived literally from the Fr. Defrayer, i. e. To con-
found and diſorder, or to turn out of Courſe or dif
place;
:
•
DE
DE
}
place; as Deraignment or Departure out of Religion.
Stat. 31 H. 8. cap. 6. And Deraignment and Dif
charge of their Profeffion. 33 H. 8. c. 29. Which
is ſpoken of thofe religious Men that forfook their
Orders or Profeffion; and fo doth Kitchen use it,
where he fays the Leffee entered into Religion, and
afterwards was deraigned, p. 152. In our Common
Law this Word is ufed diverfly; but generally to
prove any Thing, viz. to deraign that Right, Deraign
the Warranty, &c. Glanv. lib. 2. cap. 6. F. N. B.
146. If a Man hath an Eltate in Fee with War-
ranty, and enfeoffs a Stranger with Warranty, and
dies; and the Feoffee vouches the Heir, the Heir
fhall derain the first Warranty, &c. Plowd. 7. And
Jointenants and Tenants in Common fhall have Aid,
to the Intent to deraign the Warranty paramount.
31 H. 8. cap. 1. See Bracton, lib. 3. tract. 2, cap. 28.
Britton applieth this Word to a Summons that they
be challenged as defective, or not lawfully made,
cap. 21.
And Skene confounds it with our Waging
and Making of Law. See Lex Deraifnia.
Dereli, (Derelictus) Is any Thing forfaken and
left; or wilfully caft away. Derelict Lands left by
the Sea belong to the King. 2 Nelf. Abr. 903.
Detinue, (Detinendo) In the Cominon Law is like
Actio Depofiti in the Civil Law, and is a Writ which
lies againit him, who having Goods or Chattels de
livered to keep, refufeth to redeliver them. In this
Action the Thing detained is generally to be reco-
vered, and not Damages; but if one cannot recover
the Thing itfelf, he fhall recover Damages for the
Thing, and alfo for the Detainer. Wood's Inft. 542.
Detinue lies for any Thing certain and valuable,
wherein one may have a Property or Right; as for
a Horſe, Cow, Sheep, Hens, Dogs, Jewels, Plate,
Cloth, Bags of Money, Sacks of Corn, . It
muft be laid fo certain, that the Thing detained may
be known and recovered; and therefore for Money
out of a Bag, or Corn out of a Sack, &c. it lies
not; for the Money or Corn cannot in this Cafe be
known from other Money or Corn; fo that the
Party muft have an A&tion on the Cafe, &c. 1 Inft.
286. F. N. B. 138. Yet Detinue may be brought
for a Piece of Gold, of the Price of 225. tho' not
for 225. in Money; for here is a Demand of a cer
tain particular Piece. 2 Danv. Abr. 510 If a Man
receiving Money from a Banker, put Part thereof
into his Bag, and while he is telling the reft the
Bag is ftolen; no Action of Detinue, &c. lies, be-
caufe by putting up the Money, he had appropri-
ated it to his own Ufe. Comber. 475. A Man lends
Defcent of Lands, Tenements, &c. See Difcent.
Defcription, (Defcriptio) In Deeds and Grants
there must be a certain Defcription of the Lands grant-
ed, the Places where the Lands lie, and of the Pera Sum of Money to another, Detinue lies not for it,
fons to whom granted, &c. to make them good.
But Wills are more favoured than Grants as to thofe
Defcriptions; and a wrong Defcription of the Perfon
will not make a Devife void, if there be otherwife
a fufficient Certainty what Perfon was intended by
the Teftator. 1 Nelf. Abr. 647. If there are several
Defcriptions of one Perfon in a Will, they muft all
agree at the Time of the Will executed, in Name,
Circumstances, &c. or the Deviſe to fuch is void.
Ibid. And where a firſt Deſcription of Land, &c. is
falfe, though the fecond is true, a Deed will be
void: Contra if the first be true, and fecond falfe.
3 Rep.
:
De fon tost Demefne, Are certain Words of
Form uſed in A&tions of Trefpafs, &c. by Way of
Replication to the Defendant's Plea: For Example,
A. fues B. in Action of Trefpafs. B. anſwers for
himſelf, that he did that which is alledged againft
him by the Command of C. his Mafter; to which
A. replies, that B. did it De fon tort Demefne, fans
ceo que
C. luy command, modo & forma, viz. That B.
did it of his own Wrong, without that, that C. com-
manded him, in fuch Form, &c. When the De-
fendant in jure proprio, or as a Servant to another,
claims any Intereft in a Common, or to a Way,
&c. De fon tort generally is not good: But if the
Defendant juftifics as Servant, there it may be
good, with a Traverfe of the Commandment, it
being material; for the general Replication De fon
Tort is properly when the Defendant's Plea confifts
merely of Matter of Excufe, and no Matter of In-
tereft. 8 Rep. 67. 1 Lill. Abr. 428. There ought to
be a Conclufion to the Country, in a Replication
of De fon Tort; because the Replication ſhould make
an Iffue of it. 3 Lev. 65. But there cannot be Va-
riety of Matter put in Iffue; as Matter of Record,
and Matter of Fact, &c. 3 Lev. 65. 2 Leon. 108.
Defpitus, Signifies in our ancient Law-Books a
contemptible Perfon. Fleta, lib. 4. cap. 5. par. 4.
Defubito, To weary a Perfon with continual
Barkings, and then to bite; which is provided a-
gainſt by old Laws.
Si Canis hominem Defu-
bitet, aut mordeat tacitus, in prima culpa reddantur fex
fol. Leg. Alured. 26.
Detachiare, To feize or take into Cuſtody an-
other Perfon's Goods, &c. by Attachment or other
Cqurfe of Law. Cowel.
Detinet, A Word uſed in Writy, which is necef
fary in the Writ of Detinue, &c. See Debet De-
tinet.
but Debt: But if A. bargains and fells Goods to B.
upon Condition to be void if 4. pays B. a certain
Sum of Money at a Day; now if A. pays the Mo-
ney, he may have Detinue against B. for the Goods,
though they come not to the Hands of B. by Bail
ment, but by Bargain and Sale. Cro. Eliz. 867.
2 Danv. 510. If a Man delivers Goods to A. to de
liver to B. B. may have Detinue, for the Property
is in him: And where he delivers them to B. and
after grants them to D. he ſhall not have Detinue af
ter the Grant, but the Grantee shall have it. Yelv.
241. 1 Bulft. 69. When Goods are delivered to one,
and he delivers them over to another, Action of
Detinue may be had against the fecond Perfon, and
if he delivers them to one that has a Right threto,
yet 'tis faid he is chargeable: Alfo if a Perfon to
whom a Thing is delivered dicth, Detinue lieth a-
gainft his Executors, c. or against any Perfon to
whom the Thing comes. 2 Danu. Abr. 511. A Man
may have a general Detinue against another that
finds his Goods: Though if I deliver any Thing to
A. to re-deliver, and he lofes it, if B. finds it and
delivers it to C. who has a Right to the fame, he is
not chargeable to me in Detinue, becauſe he is not
privy to my Delivery. 7 H. 6. 22. 9 H.6 58. In
Actions of Detinue, the Thing must be once in the
Poffeffion of the Defendant; which Poffeffion is not
to be altered by A&t of Law, as Seizure, &c. And
the Nature of the Thing muft continue, without
Alteration, to entitle this Action. F. N. B. 138. If
I find Goods, and before the Owner brings his Ac-
tion, I fell them; or they are recovered out of my
Hands upon an Execution, or Outlawry against the
Owner, &c. he cannot have Detinue against me.
12 E. 4. 8. 27 H. 8. 13. But A&tion of Detinue will
lie againſt him that finds Goods, if they are waſted
by wilful Negligence. Dr. & Stud. 129. Á Man buys
Cloth or other Things of another, on a good and
perfect Contract; if the Seller keeps the Things
Where onc
bought, Detinue licth. Dyer 30, 203.
takes my Goods into his Cuftody to keep them for
me, and refuſes to restore them; although he have
nothing for the keeping of them, this Action will
lic. 4 Rep. 84. 29 Aſſ. pl. 28. If I deliver to one a
Trunk that is locked with Things in it, and keep
the Key myſelf, and fomething be taken out of it,
Writ of Detinue lieth not for this: But if the Trunk
and all that is in it be taken away, there it lies. 11
Rep. 89. 4 E. 3. This A&tion will not lic, where a
Man delivers Goods to me, and I bid him take them
again,
DE
DE
Goods given with her in Marriage. Mich. 35 E. 1.
New Nat. Br. 308.
Detractare, Signifies a Punishment to be torn in
Pieces with Horfes.
Apoftate, Sacrilegi, bu-
jufmodi, detra&tari debent & comburi. Fleta, lib. 1.
cap. 37.
Detunicare, To difcover or lay open to the
World. Matth. Weftm. 1240.
·
Devadíatus, Is where an Offender is without
Sureties or Pledges. Si homo in Villa delinquit &
Devadiatus fuerit, nil inde babet Præpofitus Regis.
Domefday.
again, if he refuſes to do it: Or where one takes
my Goods or Cattle by Wrong as a Trefpaffer; or
by Way of Diftrefs for Rent, or as Damage feafant,
c. Nor for a Horfe fick, when it is taken or lent;
if it dies of that Sickness. Bro. Detin. 242. 43 E. 3.
21. 21 E. 4. And if it be a Ring that is deliver'd
to another, and he breaks it, 'tis doubted whether
A&tion of Detinue may lie; because the Thing is
altered, and cannot be returned as it was: But
Action of the Cafe lieth. And altho' where Goods
are found, and fold, &c. Detinue lies not; yet Ac-
tion upon the Cafe of Trover and Converfion may be
brought. 12 E. 4. S. 18 E. 4. 22. To bring Detinue, Debaftabit, or Devaftaverunt bona Teftatoris,
the Plaintiff is to fet forth the Time and Thing de Is a Writ that lies against Executors or Admini-
livered, to what Ufe the fame was delivered, and ftrators, for paying Debts upon fimple Contra&t, be-
the Time appointed for the Redelivery thereof, fore Debts on Bonds and Specialties, &c. for in
with its Value, &c. If for a Thing bought, he muft this Cafe they are as liable to Action as if they had
thew when he bought it, and what he paid, and the fquandered away the Goods of the Deceaſed, or
Time for Delivery: Allo in Trover, the Nature and converted them to their own Ufe; and are compel-
Value of the Things are to be fhewn, the Time and lable to pay fuch Debts by Specialty out of their
Place when and where the Plaintiff was poffefs'd of own Goods, to the Value of what they fo paid ille-
them, and how they came to the Defendant's Hands, gally. Dyer 232. But if an Executor pays Debts
with the Converfion, &c. Practif. Solic. A&tions of upon fimple Contract, before he hath any Notice
Detinue are not fo frequently brought as formerly; of Bonds, it is no Devaftavit; and regularly this
for A&tions of Trover and Converfion are had in their Notice is by an Action commenced against him, for
Stead, where the Converfion changes the Detinue to the Law doth not oblige him to take Notice of it
Action of the Cafe; and thereby the tedious Proceed-himfelf, nor of a Judgment against his Teftator, be-
ings as to Garnishment, &c. are now out of Ufe.
10 Rep. 57. 1 Inft. 286.
caufe he is not privy to Acts done either by or a-
gainst him. 1 Mod. 175. 3 Lev. 115. Where an Ex-
Detinue of Charters. A Man may have Deti ecutor, &c. payeth Legacies before Debts, and hath
nue for Deeds and Charters concerning Land; but not fufficient to pay both, 'tis a Devaftavit. Alfo
if they concern the Freehold, it muſt be in C. B. where an Executor fells the Teftator's Goods at an
and no other Court. A&tion of Detinue lies for Undervalue, it is a Devaftavit; but this is under-
Charters which make the Title of Lands; and the ftood where the Sale is fraudulent; for if more Mo-
Heir may have a Detinue of Charters, altho' he hath ney could not be had, it is otherwife. Kela. 59. 1
not the Land: If my Father be diffeifed, and dieth, Nelf. Abr. 649. Executors keeping the Goods of the
I fhall have Detinue for the Charters, notwithftan- Deceafed in their Hands, and not paying the Te-
ding I have not the Land; but the Executors fhall ftator's Debts; or felling them, and not paying
not have the Action for them. New Nat. Br. 308. off Debts, &c. or not obferving the Law which di-
If a Man keep my Charters from me, concerning rects them in the Management thereof; or doing
the Inheritance of my Land, and I know the Cer- any Thing by Negligence or Fraud, whereby the
tainty of them, and the Land; or if they be in a Eftate of the Deceafed is mifemployed, are a De-
Cheft locked, &c. and I know not their Certainty, vaftavit, or Wafte; and they fhall be charged for fo
I may recover them by this Writ: So where Lands much de bonis propriis, as if for their own Debt. S.
are given to me and F. S. and my Heirs, and he Rep. 133. But the Fraud or Negligence of one Ex-
dies, if another gets the Deeds; and if Tenant in ecutor is not chargeable on the Reft, where there
Tail give away the Deed of Entail, and then die, are feveral Executors. 1 Roll. Abr. 929. There are
his Iffue may bring a Writ of Detinue of Charters. fome Cafes in the old Books, in which it hath been
Co. Litt. 286. 1 Rep. 2. F. N. B. 138. But if the held, if an Executor waftes the Goods of the Tefta-
Tenant in Fee-fimple, do give away his Deeds tor, and afterwards makes his Executor, and dies,
of the Land, his Heir may not have this Action: leaving Affets, that an Action of Debt will not lie
And in Cafe a Woman great with Child by her against the Executor of the wafting Executor, upon
deccafed Husband, keeps the Charters from his a Suggeftion of a Devaftavit or Wafte by the firft
Daughter and Heir that Concern the Land, during Executor; becaufe 'tis a perfonal Wrong which di
the Time fhe is with Child; this Writ will not lie ed with him. 3 Leon. 241. But in this Cafe there is
againſt her. 41 E. 3. 11. Detinue was brought for a Difference between a lawful Executor, and an
a Deed, and the Plaintiff had a Verdict, that the Executor de fon tort; for as an Exccutor de fon tort
Defendant detained the Deed, and the Jury gave poffeffes himself of the Goods wrongfully, if he af
201. Damages, but did not find the Value of the terwards waftes them, and dies, leaving Affets, his
Deed; and then there iffued out a Diftringas to de- Executor fhall be charged upon the Suggeſtion of
liver the Deed, or the Value, and afterwards a Writ a Devaftavit in his Teftator, becauſe he came wrong-
of Inquiry was awarded for the Value; whereupon fully by the Goods, and therefore the Wrong fhall
the Jury found a different Value from what the firft not die with his Perfon. 2 Lev. 133. And before the
Verdi& found; and it was adjudged good. Ray. 124. Statute 30 Car. 2. c. 7. it has been decreed in Equi-
1 Nelf. Abr. 649. In Detinue of Charters, if the Iffue bety against the Executor of a lawful Executor, who
upon the Detinue, and it is found that the Defendant had wafted the Goods, and died, that fuch Executor
bath burnt the Charters, the Judgment fhall not be fhould be liable to make good to the Creditors of
to recover the Charters, which it appears cannot be the Teftator, fo much as the firft Executor had
had; but 'tis faid it fhall be for the Plaintiff to wafted, and fo far as he had Affets of the faid first
recover the Land in Damages. 2 Roll. Abr. 101. 2 Executor. 1 Ch. Rep. 257. By that Statute 'tis enacted,
Danv. Abr. 511. For Detaining of Deeds and Char-that if an Executor de fon tort wastes the Goods, and
ters concerning the Inheritance of Lands, or an In- dies, his Executors fhall be liable in the fame Man-
denture of Leafe, the Defendant fhall not wage ner as their Teftator would have been if he had
Law; but in a common Action of Detinue he may been living. And it has been fince adjudged, that a
do it. 1 Inft. 295.
rightful Executor who waftes the Goods of the Te-
ftator, is in Effect an Executor de fon tort for abu-
fing his Truft; and therefore his Executor or Ad-
miniftrator may be liable to a Devaftavit. 3 Mod.
Detinue of Goods in Frank-marriage, Is on a
Divorce betwixt a Man and his Wife; after which,
the Wife fhall have this Writ of Detinue for the
1
:
I
113.
DI
DI
}
די
eft ut diligenter per Dicam notetur quantum ex omni ge-
nere Bladi vel Leguminis expendetur in femine Et
Dica illa dividatur in duo, & una pars deputabitur Cu-
ftodie Hofpitalis Fratris, c. altera Grangiario. Statut.
Ord. de Semplingham, pag. 748.
Dickar or Dicker of Leather, Is a certain Quan-
tity confifting of ten Hides, by which Leather is
bought and fold: There are alfo Dickers of Iron con-
taining ten Bars to the Dicker. This Word is thought
to come from the Greek dexa's which fignifies Ten.
Domesday.
113. Debt lies against an Executor in the Debet
and Detinet, where there is a Judgment against his
Teftator, upon a Suggeftion only, that he had
wafted the Goods; and this is a more expeditious
Way than the old Method of Sci. fac. Inquiry which
was iffued to fhew Caufe why the Plaintiff fhould
not have Execution against the Executor de bonis
propriis, and thereupon the Sheriff returned a Devafta-
vit, &c. 1 Lev. 147. 1 Nelf. 653. A Husband is to be
charged for Wafte done by his Wife Dum fola: But
the Husband is not chargeable after the Death of a
Wife Executrix, on Suggeftion of a Devaftavit in a Ditozes and Diffum: The one fignifies an Ar-
Declaration against him. Cro. Car. 603. Lutw. 672. bitrator; and the other the Arbitrament Protic-
And it has been adjudged, that a Feme Covert Ex-lit Di&tum fuum & fententiam pro Rege Anglia. Malmſ.
ecutrix cannot do any Wafte during the Coverture;
though for Waſte done by the Husband fhe fhall be
charged, if the furvives him; but then it must be
on a Judgment obtained against him, and not on a
bare Suggeftion of a Devaftavit, &c. 2 Lev. 145. See
Debet & Detinet.
►
Debenerunt, A Writ heretofore directed to the
Efcheator on the Death of the Heir of the King's
Tenant, under Age and in Cuftody, commanding
the Efcheator that by the Oaths of good and lawful
Men he enquire what Lands and Tenements by the
Death of the Tonant came to the King. Dy. 360. This
Writ is now difufed: But fee Stat. 14 Car. 2. c. 11.
for preventing Frauds and Abuſes in his Majefty's
Customs.
Debelt, (Deveftire) Is oppofite to invest. As Invest
fignifics to deliver the Poffeffion of any Thing to
another; ſo Deveft fignifieth the Taking it away.
Feud. lib. 1. cap. 7.
Devile, (from the Fr. Devifer, to divide or fort
into Parcels) Is properly where a Man gives away
any Lands or Tenements by Will in Writing. And
he who gives away his Lands in this Manner, is
called the Devifor; and he to whom the Lands are
given, the Devifee. A Devife in Writing is, in Law
Conftruction, no Deed; but an Inftrument by which
Lands are conveyed. And anciently where Lands
were devifeable, it was by Cuftom only; for at
Common Law, in Favour of Heirs, no Lands or
Tenements in Fec fimple were devifeable by Will;
nor could they be transferred from one to another
but by folemn Livery and Seifin; Matter of Re-
cord, or fufficient Deed or Writing. 1 Inft. 111.
2 Inft. 386, &c. But now it is otherwife by Statute
32 Hen. 8. Tis faid that Words of Recommenda-
tion and Defire in a Will, are always held to be a
Devife; as where the Teftator gives a Legacy to one,
willing him to do fuch a Thing, &c. Preced. Canc.
201, 202. Sec Will.
2
Devoires of Calcis, Were the Customs due to
the King, for Merchandize brought into or carried
out of Calais, when our Staple remained there.
R. 2. Stat. 1. c. 3. Devoir in French fignifies a Duty;
paying their Custom and Devoires to the King. Stat.
34 Ed. 1. c. 18.
Dextrarius, Is understood to take the Right Hand
of another. And the Word Dextravios, has been used
for light Horſes, or Horfes for the great Saddle;
from the Fr. Destrier, a Horfe for Service. Willi-
elmus de B. dedit Regi tres Dextrarios, quinque Chacu-
ros, &c. pro habenda feifina Caftr. de Grofmunt, &c.
Rot. Chart. in Tur. London, Anno 7 Joh. n. 38.
Dextras dare, Shaking of Hands in Token of
Friendſhip; or a Man's giving up himself to the
Power of another Perfon. Walsingh. p. 332.
Diarium, Is taken for daily Food; or as much
as will fuffice for the Day. Du Cange.
Diafperatus, Stained with many Colours. Mon.
Tom. 3 pag. 314.
p. 384.
Diitum de Kenelworth, An Edi&t or Award, be-
tween King Henry the Third and his Barons and o-
thers, who had been in Arms against him; fo called,
becauſe it was made at Kenelworth Castle in Warwick-
fhire, Anno 51 Hen. 3. It contained a Compofition
of thofe who had forfeited their Eftates in that Re-
bellion, which Compofition was five Years Rent of
the Lands and Eftates forfeited.
I
Diem claufit extremum, Was a Writ iffued out
of the Court of Chancery to the Efcheator of the
County, upon the Death of any of the King's Te-
nants in Capite, to enquire by a Jury of what Lands
he died feifed, and of what Valuc, and who was
the next Heir to him; and the fame ought to be
granted at the Suit of the next Heir, &c. for upon
that, when the Heir came of Age, he was to fue Li-
very of his Lands out of the King's Hands. F. N. B.
251.
1
Dies. There are feveral Sorts of Days, i.e.
Days natural, artificial and legal; and Sunday is not
only Dies non Juridicus as to legal Proceedings, but
alfo as to Contracts. 2 Inft. 264. See Day.
Dies datus, Is a Day or Time of Respite given
to the Defendant in a Suit by the Court. Broke.
Dies Marchiæ, Was the Day of Congress or
Meeting of the English and Scotch, appointed annu-
ally to be held on the Marches or Borders, to adjust
all Differences between them, and preferve the
Articles of Peace. Convenerunt ad Diem Mar-
chiæ, & conventum fuit inter eos pro commodo pacis, &c.
Tho. Wallingham, in Ric. 2. p. 307.
Dieta, A Day's Journey. - Omnis rationabilis Dieta
conftat ex viginti Miliaribus. Fleta, lib. 4. c. 28. And
in this Senfe it is ufed by Bracton, lib. 3. tracł. 2.c. 16.
Diet, (Conventus) An Affembly; as the Diet of
the Empire, of Ratisbon, &c.
Dieu & mon Droit, God and my Right, the Motto
of the Royal Arms, intimating that the King of Eng-
land holds his Empire of none but God; firſt given
by King Rich. 1.
Dieu fon &, Are Words often ufed in our old
Law: And it is a Maxim in Law, That the Act of
God fhall prejudice no Man. Therefore, if a Houſe
be blown down by Tempeft, Thunder or Lightning,
the Leffee or Tenant for Life or Years, fhall be
excufed in Wafte: Likewife he hath by the Law a
fpecial Intereft to take Timber, to build the House
again for his Habitation. 4 Rep. 63: 11 Rep. S2. So
when the Condition of a Bond confifts of two Parts
in the Disjunctive, and both are poffible at the
Time of the Obligation made, and afterwards one of
them becomes impoffible by the A&t of God, the
Obligor is not bound to perform the other Part. 5
Rep. 22. And where a Perfon is bound to appear in
Court, at a certain Day, if before the Day he
dieth, the Obligation is faved, &c. See Bond.
Difacere, To deftroy: And Diffactio is a Maim-
ing any one. Leg. H. 1. c. 64 92.
Diffociare Rectum, To take away, or deny Ju-
fticc. Mat. Parif. Anno 1164.
Dica, A Tally for Accounts, by Number of Tail-
lees, Cuts or Notches. Et præter hoc debet Magi-
fter Marifcalfie habere Dicas de donis Liberationibus Digctt, The Book of Pandects of the Civil Law;
que fuerint in Thefauro Regis, &c. Lib. Rub. Scaccar. which hath its Name from its containing Legalia
fol. 30. And in an ancient Record, Inftitutum præcepta excellenter Digcha. Du Cange.
Dignity,
DI
DI
Dígníty, (Dignitas) Signifies Honour and Autho-tors of the Dilapidator. Parf. Counf. 97, 98. ` If a
rity; Reputation, r. And Dignity may be divided Parfon fuffers Dilapidations, and aftewards takes an-
into Superior and Inferior: As the Titles of Duke, other Benefice, whereby his former Benefice be-
Earl, Baron, &c. are the higheſt Names of Dignity; comes void, his Succeffor may have an Action a-
and thofe of Baronet, Knight, Serjeant at Law, &c.gainst him, and declare that by the Cuftom of the
the lowest. Nobility only can give fo high a Name Kingdom he ought to pay him Tantas Denariorum
of Dignity, as to fupply the Want of a Surname fummas quanta fufficient ad Reparandum, &c. Lev.
in legal Proceedings: And as the Omiffion of a 268. In Cafe a Parfon comes to a Living, the
Name of Dignity, may be pleaded in Abatement of Buildings whereof are in Decay by Dilapidations,
a Writ, &c. fo it may be where a Peer who has and his Predeceffor did not leave a fufficient perfo-
more than one Name of Dignity, is not named by nal Eftate to repair them, ſo that he is without Re-
the moſt Noble. 2 Hawk. P. C. 185, 230. No Tem-medy; he is to have the Defects furvey'd by Work-
poral Dignity of any Foreign Nation can give a Man men, and attested under their Hands in the Prefence
A higher Title here than that of Efquire. 2 Inft.of Witneffes, which may be a Means to fecure him
667. See Addition and Difcent.
from the Incumbrance brought upon him by the
Fault of his Predeceffor. Country Parfon`s Compa-
nion 60.
Dignity Ecclefiaftical, (Dignitas Ecclefiaflicalis) Is
defined by the Canonifts to be Adminiftratio cum fu-
rifdictione Poteftate aliqua conjuncta; of which there
are feveral Examples in Duarenus, de Sacris Ecclef.
c. lib. 2. c. 6. Dignities Ecclefiaftical are mentioned
in the Stat. 26 H. 8. cap. 31 & 32. And of Church
Dignities, Camden in his Britannia, p. 161. reckons
in England 544.
Dignitaries, (Dignitarii) Are thofe who are ad-
vanced to any Dignity Ecclefiaftical; as a Biſhop,
Dean, Archdeacon, Prebendary, Sc. But there are
fimple Prebendaries, without Cure or Jurifdiction,
which are not Dignitaries. 3 Inft. 155.
❤
•
Dilatory Pleas, Are fuch as are put in merely
for Delay; and there may be a Demurrer to a Dila-
tory Plea, or the Defendant fhall be ordered to
plead better, &c. 6 Mod. The Truth of Dilatory
Pleas is to be made out by Affidavit of the Fact,
Ec. by Stat. 4 & 5 Ann. See Plea.
Diligiatus, Outlawed, i. e. De Lege ejectus. Leg.
Hen. 1. c. 45.
Dilligrout, Pottage formerly made for the King's
Table, on his Coronation Day: And there was a Te-
nure in Serjeanty, by which Lands were held of
the King, by the Service of finding this Pottage,
at that great Solemnity. 39 H. 3.
Dimidietas, Is uſed in our Records for a Moiety,
or one Half. Sciant quod Ego Matilda Filia Wil-
lielmi le F. dedi Waltero de S. Dimidietatem illius
Burgagii, &c. Sine dat. Ex libro Chart. Priorat.
de Leominster.
Dilapidation, (Dilapidatio) Is where an Incum-
bent on a Church Living, fuffers the Parfonage
Houſe or Outhoufes to fall down, or be in Decay,
for Want of neceffary Reparation: Or it is the
pulling down or deſtroying any of the Houfes or
Buildings, belonging to a Spiritual Living, or de-
ftroying of the Woods, Trees, &c. appertaining
to the fame; for it is faid to extend to the Com-
Diminution, (Diminutio) Is where the Plaintiff
mitting or Suffering any wilful Wafte, in or upon or Defendant in a Writ of Error alledges to the
the Inheritance of the Church. Degg's Parf. Counf. Court that Part of the Record is omitted and re-
89. 'Tis the Interest of the Church in general to mains in the inferior Court not certified; where-
preferve what belongs to it for the Benefit of the upon he prays that it may be certified by Certiorari.
Succeffors; and the old Canons, and our own pro- Co. Ent. 232, 242. Of courfe Diminution is to be
vincial Conſtitutions, require the Clergy fufficiently certified on a Writ of Error; tho' if Iffue be join'd
to repair the Houſes belonging to their Benefices; upon the Errors affigned, and the Matter is entered
which if they neglect or refufe to do, the Bishop upon Record, which is made a Confilium, in this
may fequefter the Profits of the Benefice for that Cafe there must be a Rule of Court granted for a
Purpofe, &c. Rights Clerg. 143. And by the Canon Certiorari to certify Diminution. 1 Lill. Abr. 245. Di-
Law, Dilapidations are made a Debt, which is to minution cannot be alledged of a Thing which is
be fatisfied out of the Profits of the Church; but fully certified; but in fomething that is wanting, as
the Common Law prefers Debt on Contra&s, &c. Want of an Original, or a Warrant of Attorney,
before Debt for Dilapidations. Hern. 136. The Pro-c. 2 Lev. 206. 1 Nelf. Abr. 658. And if on Dimi-
fecution in thefe Cafes, may be brought_either nution alledged, the Plaintiff in Errors certify one
againſt the Incumbent himſelf, or againft his Execu-
tors or Adminiftrators; and the Executor or Admi-
niftrator of him in whofe Time it was done or fuf-
fered, muſt make Amends to the Succeffor: And
if you proceed against the Incumbent, then it is
proper in the Spiritual Court: Likewife you may
proceed in that Court against an Executor, or
the Succeffor may have an A&tion of the Cafe
or Debt at the Common Law, in which Action he
ſhall recover Damages in Proportion to the Dilapi-
dations. 1 Nelf. Abr. 656. By Statute, if any Parfon,
&c. fhall make a Gift of his Goods and perfonal
Eftate to defraud his Succeffor, as to Dilapidations,
fuch Succeffor may have the fame Remedy in the
Spiritual Court against the Perfon to whom fuch
Gift is made, as he might have against the Execu- Dimiflozy Letters, (Litera Dimifforia) Are fuch
tors of the deceafed Parfon. 13. Eliz. cap. 10. And as are uſed where a Candidate for Holy Orders has
Money recovered for Dilapidations, is to be employ. a Title in one Dioceſe, and is to be ordained in an-
ed in the Reparations of the fame Houfes fuffered
to be in Decay; or the Party recovering fhall forfeit
double the Value of what he receives, to the King,
by Stat. 14 Eliz. cap. 11. Where in our Books 'tis
faid, that Dilapidations are fuable for only in the
Ecclefiaftical Court, that is to be intended when
the Suit is grounded upon the Canon Law; for an
Action of the Cafe might have been brought at
Common Law by the Succeffor against the Execu-
I
Original, &c. which is 'wrong; and the Defendant
in Errors certifies another that is true; the true
one fhall ftand. Cro. Fac. 597. Cro. Car. 91. After a
Writ of Error brought, and the Defendant hath
pleaded In nullo eft Erratum, he cannot afterwards
alledge Diminution; becaufe by that Plea he affir-
meth or alloweth the Record to be ſuch as is certi-
fied upon the Writ of Error. Godb. 266. But in ſome
Cafes, Diminution hath been alledged, after In nullo
eft Erratum pleaded, ex gratia Curie; though not ex
rigore juris. Palm. 85. And there is an Inftance that
the Court in fuch a Cafe hath awarded a Certiorari,
to inform their Confcience of the Truth of the Re-
cord in C. B. where the Defendant in Error had not
joined In nullo eft Erratum. 1 Nelf. 658.
other: The proper Diocefan fends his Letters Dimif-
fory directed to fome other ordaining Bishop, giving
Leave that the Bearer may be ordained, and have
fuch a Cure within his Diftri&. Cowel.
Diocele, (Diœcefis) Signifies the Circuit of every
Bishop's Jurifdiction. For this Realm hath two
Sorts of Divifions; one into Shires or Counties,
in Refpect to the Temporal State; and another into
Diocefes, in Regard to the Ecclefiaftical State, of
which
}
DI
DI
:
which we reckon twenty-one in England, and four
in Wales. 1 Inft. 94. Alfo the Kingdom is faid to be
divided in its Ecclefiaftical Jurifdi&tion into two
Provinces of Canturbury and York; each of which
Province is divided into Diocefes, and every Diocefe
into Archdeaconries, and Archdeaconrics into Pa-
rishes, &c. Wood's Inft. 2.
Dilability, (Diſabilitas) Is when a Man is difa-
bled, or made incapable to inherit any Lands, or
take that Benefit which otherwife he might have
done: Which may happen four Ways; by the A&t
of an Ancestor, or of the Party himself, by the Act
of God, or of the Law. 1. Difability by the Act of the
Anceltor, is where the Anceftor is attainted of Trea-
fon, &c. which corrupts the Blood of his Children;
To that they may not inherit his Eftate. 2. Difability
by the A&t of the Party, is where a Man binds himſelf
by Obligation, that upon Surrender of a Leafe, he
will grant a new Eftate to the Leffee; and after-
wards he grants over the Reverfion to another,
which puts it out of his Power to perform it. 3.
Difability by the A&t of God, is where a Perfon is
Non fana Memoria, whereby he is incapable to make
any Grant, &c. So that if he paffeth any Eftate out
of him, it may after his Death be made void; but
it is a Maxim in Law, That a Man of full Age Shall
never be received to difable his own Perfon. 4. Difability
by the A&t of the Law, is where a Man by the fole
A&t of the Law, without any Thing by him done,
is rendered incapable of the Benefit of the Law; as
an Alien born, &c. Terms de Ley 256. 5 Rep. 21.
Terms de Ley 256. 5 Rep. 21.
4 Rep. 123, 124. 8 Rep. 43. There are alfo other
Diſabilities, by the Common Law, of Ideocy, Infancy
and Coverture, as to Grants, &c. And by Statute
in many Cafes; as Papifts are difabled to make any
Prefentation to a Church, &c. Officers not taking
the Oaths, are incapable to hold Offices; Foreigners,
though naturalized, to bear Offices in the Govern-
ment, e. 11 Rep. 77. Stat. 11 12 W. 3. 1 Geo.
A Perfon fhall not be admitted to Difable him-
ſelf to avoid an Office of Charge, &c. no more than
a Man fhall be allowed to ſay that he was and Ideot,
c. to avoid an A& done by himself. Carthew's
Rep. 307. And the Statutes do not exempt and Dif-
able Diffenters from bearing Offices; but they muft
fubmit to a Fine, if they do not Qualify them-
felves. Hill. 6 Will. 3. Skinner 576, 577. See Capa-
city.
'I.
Difadvocare, To deny or not acknowledge a
Thing: It is mentioned in Hengham Magna, cap 4.
Difagreement, Will make a Nullity of a Thing,
that had Effence before: And Difagreement may be
to certain A&s, to make them void, &c. Co. Lit.
380. See Agreement.
Difalt, According to Littleton, is to difable a Per-
fon. Lit. Tit. Difcontinuance.
Disbofcatio, A Turning Wood Ground into Ara-
ble or Pasture..
Difcarcare, (from Dis and Cargo) Is to unlade a
Ship or Veffel by taking out the Cargo or Goods.
Et pradictus, &c. Carcare & Difcarcare fecit
ibidem Merchandifas & Denariatas quafcunque. Placit.
Parl. 18 Ed. 1.
Difceit, A Writ or Action for Fraud and Deceit.
See Deceit.
Difcent, (Lat. Defcenfus, Fr. Defcent) Is an Order
or Means whereby Lands or Tenements are derived
unto any Man from his Anceſtors: And is either by
Common Law, Custom, or Statute: By Common Law,
as where one hath Land of Inheritance in Fee-fim-
ple, and dieth without difpofing thereof in his Life-
time, and the Land goes to the eldeft Son and Heir
of Courſe, being caft upon him by Law. 1 Inft. 13,
23.7. Difcent of Fee fimple by Cuftom, is fometimes
to all the Sons, or to all the Brothers, where one
Brother dieth without Iffue; as in Gavelkind: Some-
times to the youngest Son, as in Borough English;
and fometimes to the eldest Daughter, or the
Youngeft, &c. according to the Cuſtoms of particu-
lar Places. I Inft. 110, 140, 175. Litt. 210,211. And
Difcent by Statute of Fec-tail, is as directed by the
Manner of the Settlement or Limitation, purfuant
to the Stat. Weftm. 2. 13 Ed. I. cap. 1. Difcent at
Common Law, is Lineal, or Collateral: Lineal is a
Difcent downwards in a right Line, from the Grand.
father to the Father, the Father to the Son, Son to
Grandfon, &c. and the lineal Heirs fhall fit inhe-
rit. Collateral is a Difcent which ſpringeth our of the
Side of the whole Blood, as another Branch there
of; fuch as the Grandfather's Brother, Father's
Brother, and fo downward. 1 Inft. 10, 11. There-
fore if a Man purchafeth Lands in Fee-fimple, and
dies without Iffue, for Default of the right Line,
he which is next of Kin in the collateral Line of
the whole Blood, though never fo remote, comes
in by Difcent as Heir to him; for there is a next of
Kin by Right of Repreſentation, and by Right of
Propinquity or Nearness of Blood. Litt. 2. 1 Ventr.
415. 3 Rep. 40. To have Land in Fee fimple by
Difcent, a Perfon muft be Heir of the whole Blood;
he is to be the next, and most worthy of Blood, to
the Anceſtor; and he ought to be Heir to him that
was laſt actually feifed. Where Lands defcend to the
Son from the Father, and he enters on the Lands,
and dies feifed thereof, without having any Iffue,
this Land will defcend to the Heirs of the Part of
the Father, who are of the whole Blood; and if
there are none fuch, the Land fhall efcheat: So
where Lands defcend on the Part of the Mother.
Litt. Sect. 4. 1 Inft. 13. And there is a Maxim in
Law, that where Lands deſcend on the Part of the
Father, the Heirs of the Mother ſhall never inhe-
rit; and when Lands defcend on the Part of the
Mother, the Heirs of the Father fhall never inherit.
1 Inft. 14. But it has been refolved, that a Fine and
Render of Lands, claimed by a Party, as Heir at
Law ex parte materna, will alter the Quality of the
Eftate; fo that it fhall defcend to the Heir ex parte
paterna. 6 Rep. 63. Carthew 141. Alſo if a Mán
feifed of Land, as Heir of the Part of his Mother,
make a Feoffment, and take back an Eſtate to him
and his Heirs; this as a Purchaſe alters the Difcent,
and if he die without Iffue, the Heir of the Part of
the Father fhall inherit it. 1 Inft. 12. There is a
Difference between Difcents from Father and Mo-
ther to their Children, and Difcents between Bro-
thers and Sifters; for a Son or a Daughter need be
only of the Blood of either the Father or Mother,
which hath the Inheritance, to inherit them: Thoʻ
the Brothers and Sifters must be of the fame Father
and Mother, to inherit one another. Noy 68.
next and most Worthy of Blood are the Male, and all
Defcendants from him, before the Females; and
the Female on the Part of the Father, before the
Male or Female of the Part of the Mother: And
the eldest Brother, and his Pofterity, fhall have
Lands in Fee-fimple before any younger Brother:
Alfo a Sifter of the whole Blood fhall be preferred,
and take before the younger Brother, which is of
the Half Blood; but fuch a younger Brother, tho'
he may not be Heir to a Brother, for Want of the
whole Blood, yet he may be Heir to his Father, or
his Uncle. 1 Inft. 14. 3 Rep. 41. All the Defccn-
dants from a Perfon who by our Laws might have
been Heir to ano: her, hold the fame Right as that
common Root from whom they are derived; fo
that the Son, or Grandchild, whether Son
Daughter of the eldeſt Son, takes before the
younger Son; and a Son or Grandchild of the
eldeft Brother, before the youngeſt Brother: And
fo it is through all Degrees of Difcents; by Repre
fentation, the Proximity is transferred from the
Root to the Branches, and gives them the fame
Preference, as next and worthieft of Blood. Hale's
Hift. L. 237. The great Grandchild of the elder
Brother, whether it be a Son or a Daughter, fhall
The
or
here
DI
DI
:
1
11
here be prefered as the Heir before the younger ceftors may not take from their Children, for the
Brother; for though a Female be lefs worthy than Father can never come to the Lands which his Son
the Male, yet the ftands in Right of Reprefenta- hath purchafed, by lineal Afcent; though he may
tion of the elder Brother, who was more worthy by collateral Afcent, where the Son's Lands come
In the col-
than the younger. Hale's Hift. L. 237. As to being to his Uncle, and then to the Father.
Heir to him that was laft feifed: If Tenant in Fee- lateral Line, the Uncle inherits the Nephew, and
fimple hath a Son and a Daughter by one Woman the Nephew the Uncle. Litt. 3. 3 Rep. 40. Vaugh.
or Venter, and a Son by another Venter, and dies 244. Lands and Tenements in Fee fimple defcend,
feifed, and the elder Son dies without Iflue, before first, to the eldest Son as Heir, and to his Iffue; the
actual Seifin, the younger Brother as Heir to the Sons firft, in Order of Birth; and for Want of Sons,
Father fhall have the Eftate; but if the elder Bro- to the Daughters equally, who inherit as one Heir;
ther had entered on the Lands, the Sifter would if the eldest Son hath no Iffue, then to his next
have it as Heir to him. 1 Inft. 11, 15. Lit. 8. None eldeft Brother of the whole Blood, and his Heirs,
can inherit any Lands as Heir, but only the Blood and for Want of a Brother, to his Sifter or Sifters
of the first Purchaſer; as if the Father make a Pur- of the whole Blood, and their Iffue; if there be no
chafe, the Blood of the Mother fhall not have the Brother or Sifter, to the Uncle and his Iffue; and
Eftate: But if a Son purchases, and there is no for Want of an Uncle, to an Aunt or Aunts, and
Heir on the Side of the Father, the Land fhall go their Iffue; and if there be none fuch, then to
to the Heirs on the Side of the Mother; for they Coufins in the nearest Degree of Confanguinity.
are of the Blood of the Son the firft Purchafer, Bacon's Elem. And in Cafe of Lands purchafed by
and he had the Blood of both Father and Mother. Brethren; after Uncles and Aunts, the Lands fhall
Lit. 4.
1 Inft. 12. So that there is a Difference defcend to the Father, and the Half Blood, and
where the Son purchaſeth Lands in Fee- fimple, and their Iffue, (who come in after the Father, being of
where he cometh to them by Difcent. Land thus the whole Blood to him, though not to one an-
purchafed may go to the Heirs of the Father and Mo-other) and for Want of Uncle, Father, and Halt
ther of the Purchafer; unless it be once attached Blood, to the next of Kin in the collateral Line.
in the Heir of the Part of the Father, for then the Wood's Inft. 218. In Difcent of Eftates-tail, Half
Heirs of the Mother cannot have it, because they Blood is no Hindrance; becaufe the Iffue are in
are not of the Blood of him who was laft fcifed. per formam Doni, and always of the whole Blood to
49 E. 3. 12. Finch 119.
Where for want of Heirs the Donee. 3 Rep. 41. A Man hath Iffue an elder
of a Purchafer, of the Part of his Father, or when Son, born out of the King's Allegiance, and after
fuch Heir had not entered, the Lands defcend to hath another Son within the Realm; the younger
the Line of the Mother; there the Heirs of the Son fhall have Lands by Difcent from his Father in
Mother of her Father's Side, fhall take in Succef- this Cafe, and not the Elder who had never any
fion, before her Heirs of the Part of her Mother. inheritable Blood in him. 1 Co. Inft. S. If one die
Hale's Hift. L. 247. Plowd. 444. If a Man hathfeifed of Land, in which another has Right to enter,
Iffue two Sons by divers Venters, the younger Bro- and it defcends to his Heir; fuch Difcent fhall take
ther of the Half Blood fhall not have Land pur-away the other's Right of Entry, and put him to
chafed by the elder Brother, on his dying without his Action for Recovery thereof. Stat. 32 Hen. S.
Iffue; but the elder Brother's Uncle, or next Cou-cap. 33. Co. Litt. 237. But a Difcent of fuch Things
fin fhall have it. 1 Inft. 14. The elder Brother of as lie in Grant, as Advowfons, Rents, Commons
the whole Blood fhall have Land by Difcent, pur-in grofs, &c. puts not him that hath Right to his
And a Di-
chafed by a middle or younger Brother, if fuch Action. 1 Inft. 237. . 2 Danv. Abr. 561.
die without Iffue; (for as to Difcents between Bre- fcent fhall not take away the Entry of an Infant;
thren, the Eldeft is the moft worthy of Blood to nor of a Feme Covert, where the Wrong was done
inherit to them as well as to the Father.) And if to her during the Coverture.. 2 Danv. 563. Sec
there be no Brother or Sifter, the Uncle fhall have Kindred, and Heir.
it as Heir, and not the Father: And yet it
Difcent being created by Law, and the moſt an-
may
afterwards come to the Father, as Heir to the tient Title, an Heir is in by that, before a Grant,
Uncle; likewife if the Father hath Iffue another or Devife, &c. 'Tis a Rule in Law, that a Man
Son or Daughter, after the Difcent to the Uncle, cannot raife a Fee-fimple to his own right Heirs, by
that Iffue may enter upon the Uncle, and hold the the Name of Heirs, as a Purchase, either by Con-
Eftate. Litt. 3. 3 Rep. 40. The Law takes no veyance or Devife; for if he devife Lands to one
Notice of the Difability of the Father in Cafe of who is Heir at Law, the Devife is void, and he fhall
Diſcent, but only of the immediate Relation of Bro. take by Difcent. Dyer 54, 126. And 'tis the fame
thers and Sifters, as to their Eftates; fo that the where the Lands will come to the Heir, either in a
Inability of the Father doth not hinder the Difcent direct or collateral Line; or where the Heir comes
between them: For Example, A Man had Iffue a to an Eſtate by way of Limitation, when the Word
Son and a Daughter, and was attainted of Treafon, Heirs is not a Word of Purchase. Ibid. A Father
and died; the Son purchafed Lands, and died with hath two Sons by feveral Venters, and devifes his
out Iffue; and it was adjudged that notwithſtand-Land to his Wife for Life, and after her Deceaſe
ing the Attainder of the Father, the Daughter hall to his eldeft Son; tho' the Son doth not take the
take by Difcent from her Brother, because the Difcent Eftate prefently on the Death of his Father, he fhall
between them was immediate, and the Law doth be in by Difcent, and not by Purchase, and the De-
not regard the Difability of the Father. 4 Leon. 5. vife fhall be void as to him. Style 148. I Nelf. Abr.
1 Nelf. Abr. 645. If there be Father and Son, and 645. A Man being feifed of Lands which he had
the Son is attainted of Treafon or Felony in the Fa- by the Mother's Side devised them to his Heirs on
ther's Life-time, and yet outlive his Father, the the Part of his Mother; and it was adjudged that
And
Land by Difcent fhall not come to fuch Son, nor any the Devifee fhall take by Difcent. 3 Lev. 127.
of his Iffues; but if he die before the Father, it will when the Heir takes that which his Ancestor would
defcend to his other Children. 4 Rep. 31, 124. And have taken if living, he fhall take it by Difcent,
where a Perfon feifed of Lands, hath Iffue two and not by Purchaſe. 2 Danv. 557. But generally
Daughters, if one of them commits Felony, after the where an Eftate is deviled to the Heir at Law, at-
Father's Death both Daughters being alive, a Moiety tended with a Charge, as to pay Money, Debts, &c.
fhall defcend to one Daughter, and the other fhall in fuch Cafe he takes by Purchaſe, and not by
Efcheat. I Inft. 163.
Inheritances may defcend but Difcent. Though Conditions to pay Money have
not aſcend: And in the right Line, Children inhe- been conftrued only a Charge in Equity; and that
rit their Anceſtors without Limitation; but the An- they do not alter the Difcent at Common Law. I Lut.
-
}
4
593-
DI
DI
593. 1 Salk. 241. A Man can have Lands no o
ther Way than by Difcent or Purchaſe. And Difcent
is the worthieft Means whereby Land can be ac-
quired.
Dilcent of Crown-Lands. All the Lands where-
of the King is feited in Fure Corona, fhall fecundum
jus Corona attend upon and follow the Crown; fo
that to whom foever the Crown defcends, thofe
Lands and Poffeffions defcend alfo. And if the Heir
to the Crown be attainted of Treafon; yet fhall
the Crown defcend to him, and without any Rever
fal the Attainder is avoided. Plowd. 247. Co. Lit. 15.
The Dignity of the Crown of England, for Want of
Heirs Male, is defcendible immediately to the el-
dest Daughter, and her Pofterity; and fo it has been
declared by A&t of Parliament: And by Stat. 25 H.
2. cap. 22. Regnum non eft Divifibile. The eldett
Sifter of a King, as well as the eldest Daughter,
fhall inherit all his Fee-fimple Lands by Difcent:
And Half Blood is no Impediment to the Difcent of
Lands of the Crown. Co. Litt. 15, 165. But a
Daughter of the Whole Blood fhall not inhe
rit where there is a Son of the Half Blood;
as where the King hath Iffue a Son and a Daugh
ter by one Venter, and a Son by another Venter,
and purchaſes Lands, and dies; afterwards the el-
deft Son enters and dies alfo without Iffue, the
Daughter fhall not have thefe Lands, or any other
Fee fimple Lands of the Crown, but they shall de-
feend to the younger Brother. Plowd. 245. 34 H. 6.
A Perfon coming to be King by Difcent of the Part
of his Mother, makes a Purchase of Land to him
and his Heirs, and dies without Iffue, this Land fhall
defcend to the Heir on the Part of the Mother;
contrary to the Cafe of a Subject, where the Heir
on the Father's Side ſhall enjoy it. Ibid. Co. Lit. 16.
As the whole Kingdom hath an Intereft in the Di-
Scent of the Crown, the King cannot furrender or
alien. it, c. See Crown.
him, this is called a Dif laimer, and the Lord pro-
ving the Tenant to hold of him, on a Writ of Right
brought, the Tenant fhall lofe his Land. Terms de
Ley 263. And if a Writ of Precipe be brought a-
gain two Perfons for Land, and one of them the
Tenant faith that he is not Tenant, nor claims
any Thing in the Lands; this is a Difilaimer as to
him, and the other ſhall have the whole Land. Ibid.
And when a Tenant hath difclaimed, upon A&ion
brought against him, he fhall not have Reftitution
on Writ of Error, & against his own A&t; but is
barred of his Right to the Land difclaimed. 8 Rep.
62. But a verbal Diſclaimer, fhall not take Place
against a Deed of Lands: Nor fhall the Disclaimer
of a Wife during the Coverture, bar her Entry on
her Lands. 3 Rep. 26. Baron and Feme may dif
claim for the Wife; though if the Husband bath
nothing but in Right of his Wife, he cannot difclaim.
2 Danu. Abr. 569. Such Perfon as cannot lofe the
Tning perpetually in which he difclaims, fhall not be
permitted to difclaim: A Bifhop, c. may not dif-
claim, for he cannot deveft the Right out of the
Church.
Church. Though in a Quo Warranto, at the Suit of
the King, against a Bifhop or others for Franchifes
and Liberties, if the Bishop, &c. diflaims them,
this fhall bind their Succeffors. Co. Lit. 102, 103-
If a Man be vouched becauſe of a Reversion on a
Leafe made by himself, he cannot difclaim: But an
Heir may difclaim, being vouched upon a Leafe
made by his Ancestor, 2 Danv. 569. A Perfon may
not difclaim in the Principal, and not in the Inci-
dent; as he that is vouched becauſe of a Reverfion,
cannot difclaim in the Reverfion, faving the Seigni-
ory. 40 Ed. 3, 27. If the Lord difclaims his Seignio-
ry, in a Court of Record, it is extin&t; and the Te-
nant fhall hold of the Lord next paramount to the
Lord dif laiming. Lit. Sect. 146. It is faid not to
be neceffary, that the Writ of Right far Disclaimer
fhould be brought against the Perion that difclaims;
for if it be only against him that is found Tenant
of the Land, though he be a Stranger, it is not ma-
terial. 2 Danv. 570. By Plea of Non-tenure, nothing
is difowned but the Freehold, which may be good
·
•
Difcent of Dignities. A Dignity alfo differs
from common Inheritances, and goes not according
to the Rules of the Common Law; for it defcends
to the Half Blood, and there is no Coparcenerfhip
in it, but the eldeft takes the Whole. Co. Lit. 27.where the Tenant hath the Reverfion in Fee, and
The Dignity of Peerage is perfonal, annexed to
the Blood, and fo infeparable that it cannot be tranf
ferred to any Perfon, or furrendered even to the
Crown; it can move neither forward or backward,
but only downward to Pofterity; and nothing but
Corruption of Blood, as if the Ancestor be attainted
of Treafon or Felony, can hinder the Difcent to the
right Heir. Lex Conftitutionis, p. 85.
1
Difcharge, On Writs and Procefs, &c. is where a
Man confined by fome legal Writ or Authority,
doth that which by Law he is required to do;
whereupon he is releafed or difcharged from the
Matter for which he was confined. And if one be
arrefted by a Latitat out of B. R. and the Plaintiff
do not file a Declaration against the Defendant in
Prifon in two Terms, he fhall be discharged on com-
mon Bail. 1 Lill. Abr. 470. Alfo where a Defen-
dant on Arreſt is admitted to Bail, if the Bail bring
in the Principal before the Return of the fecond
Scire facias iffued our against them, they fhall be
difcharged. Mich. 24 Car. B. R. If an Obligee dif
dings one joint Obligor, where feveral are joint-
charges
ly bound; it diſcharges the others. Mar.h 129. And
a Man may difharge a Promife made to himſelf,
c. Cro. Fac. 483. Sce Acquittal, and vide Habeas
Corpus.
not the Freehold; but when fuch Tenant difclaims,
or pleads Non-tenure and difclaims, the Demandant
hall have the Whole, as the Whole is difclaimed,
Ibid. Befide thefe Diſclaimers by Tenants of Lands,
there are Diflaimers in divers other Cafes: For
there is a Difclaimer of Blood, where a Perfon denies
himself to be of the Blood or Kindred of another in
his Plea, F. N. B. 102. And a Diſclaimer of Goods,
as well as Lands; as if a Man difclaimeth Goods, on
Arraignment of Felony, when he fhall lose them,
tho' he be cleared. Staundf. P. C. 156. In the Chan-
cery, if a Defendant by his Answer renounces the
having any Intereft in the Thing in Question, this
is likewile a Difclaimer. And there is a Deed of Dif
claimer of Executorship of a Will, c. where an Exc-
cutor refuſes, and throws up the fame.
T
Form of a Difclaimer of Executorship.
HIS Indenture tripartite, made the Day, &c.
Between A. B. of, Bec. of the first Part, C. D.
of, &c. of the fecond Part, and L. B. of, &c. of the
third Part: Whereas T. B. late of, &c. duly madé
and published his last Will and Testament in Writing,
bearing Date, &c. And thereby devifed (amongst other
Difclaimer, (Difclamium, From the Fr. Clamer, Things) all that Meſſuage, &c. to the ſaid L. B. and
with the Privative Dis) Is a Plea containing an ex- alfo gave and bequeathed, &c. and made the ſaid A. B.
prefs Denial, or Renouncing of a Thing; as if a and C. D. Executors and Trustees of his faid Will, as in
Tenant fue a Replerin, upon the Diftrels of the and by the faid Will may more fully appear. ·And
Lord, and the Lord avows the Taking, faying the whereas the faid T. B. foon after the Making and Pub-
Tenant holds of him as of his Lord, and that he di-lishing of the faid Will, died; And the faid A. B hath
ftrained for the Rent not paid, or Service not per refused to accept the faid Executorship and Trust, and ne-
formed: Now if the Tenant fay he doth not hold of ver acted therein, nor ever received any of the Rents and
PPP
Profits
J
i
•
DI
DI
2 Danu.
this is a Difcontinuance; though fuch Tenant that
made the Feoffment, hath the Fee in him.
572. A Man is Tenant for Life, the Remainder in
Tail, Remainder in Fee, and the Tenant for Life
makes a Feoffment to him in Remainder in Fee;
this is fuch a Difcentinuance of the Eftate-Tail, as
produceth a Forfeiture. 3 Rep. 59. If a Tenant in
Tail be diffeifed, and after Releafe with Warranty
to the Diffeifor, it will be a Difcontinuance: So if he
Profits of the faid Meffuage, or of the Goods and Chattels
of the Teftator T. B. But the faid C. D. alone proved
the faid Will, and took upon him the Execution thereof:
Now this Indenture witnelleth, That the faid A. B.
as a farther Declaration of his not acting in the Executor
Ship aforefaid, and to free himself from the fame, doth by
thefe Prefents renounce and diſclaim the faid Executorship,
and all the Trufts repoſed in him by the faid recited Will:
And doth also by thefe Prefents remife and releaſe unto the
faid C. D. his Executors and Administrators, all the E-releafe or confirm to Tenant for Life. Lit. Sect. 135.
fate, Right, Title and Interest of him the faid A. B. in
and to the faid Premiffes, by Virtue of the faid recited
Will, or otherwiſe howsoever." In Witneſs, &c.
|
I I
I
1 Rep. 44. And if where there is a Tenant for Life,
and Remainder in Tail, the Tenant for Life levies
a Fine to his own Ufe; and after Tenant for Life
and he in Remainder join in a Feoffment by Letter
Difcontinuance, (Difcontinuatio, Derived from the of Attorney, this is a Difcontinuance of the Estate
Fr. Difcontinuer, i. e. Ceffare) Signifies an Interrup- Tail and the Fee. Dyer 327. If Tenant in Tail
tion or Breaking off; and is twofold, Difcontinuance makes a Feoffment in Fee upon Condition, and the
of Poſſeſſion, and Discontinuance of Process: The Effect Condition is broken, the Iffue may enter notwith-
of Difcontinuance of Poffeffion is, that a Man may not ftanding this Difcontinuance. Lit. 632. Tenant in
enter upon his own Lands or Tenements alienated, Tail grants all his Eftate to another, though with
whatever his Right be to it, of his own Authority, Livery and Seifin; and if that other Perfon make a
but must bring his Writ, and feek to recover Pol- Feoffment in Fee, it will not be a Difcontinuance to
feffion by Law. Co. Lit. 325. F. N. B. 191. Where take away the Entry of him in Reverſion or Re-
a Tenant in Tail, or a Man feifed in Right of his mainder. Lit. 145. i Rep. 46. 10 Rep. 97. A Leaſe
Vife, &c. by Feoffment, Gift in Tail, or Leafe for is made for Life, Remainder in Tail; and he in
Life, by Fine or Livery, not warranted by the Sta- Remainder in Tail diffeifes the Tenant for Life,
tute 32 H 8. aliens the Eftate; fuch Alienations are and makes a Feoffment in Fee, and dies without
called Difiontinuances Whereby the Wife after her Iffue, and then Tenant for Life dieth; this is nó
Husband's Death, and the Iffue in Tail after the Discontinuance to him in Reverfion. Lit. 146. 1
Death of Tenant in Tail, and thofe in Remainder Brownl. 36. And if Tenant in Tail of a Rent, Com-
and Reverſion are driven to their Action, and can-mon, Advowfon, or the like, grant it in Fee, it is not
not enter. 1 Inft. 325. But a Difcontinuance taketha Difcontinuance: Nor where fuch Tenant granteth
away an Entry only: And to every Difcontinuance any Thing out of Land, &c. Lit. 138. Finch's Law
it is neceffary there fhould be a Devcfting or Dif 193. Where a Tenant in Tail of a Manor makes
placing of the Eftate, and turning the fame to aa Leafe for Life, not warranted by Stat. 32 Hen. 8.
Right; for if it be not turned to a Right, they that of Part of the Demefnes, this is a Difcontinuance of
have the Eftate cannot be driven to an A&tion. Co this Parcel; and 'tis faid makes
this Parcel; and 'tis ſaid makes it no Parcel of the
Lit. 27.
And an Estate-tail cannot be diſcontinued, Manor. 2 Rol. Abr. 58. By Statute, a Husband is
but where he that makes the Difcontinuance, was once reftrained from Alienation, and difcontinuing of
feiſed by Force of the Intail, where the Estate tail the Wife's Land. 32 Hen. S. cap. 28. And a Wife
is executed; unless by Reafon of a Warranty. Lit. Tenant in Tail with the Husband; or having an E-
Scct. 637, 641. Alfo if Tenant in Tail levies aftate in Dower, &c. from making any Discontinuante
Fine, &c. this is no Difcontinuance, 'till the Fine is of the Lands of the Husband, after his Death.
executed; because if he dies before Execution, the H. 7. cap. 20. Likewife Ecclefiaftical Perfons, as
Iffue may enter. Co. Lit. 33. 2 Dany. Abr. 572. A Dif- Bishops, Deans, &c. from aliening or difcontinuing
continuance may be five Ways, viz. by Feoffment, their Eftates. 13 Eliz. cap. 10. 1 Fac. 1. cap. 3. And
Fine, Recovery, Release, and Confirmation with fome Difcontinuances at Common Law are now made
Warranty. Rep 44. A Grant without Livery; or Bars as to the Iffue in Tail; though ftill Discontinu-
a Grant in Fee without Warranty, are no Difconances in fome Cafes, to him in Remainder, c. fuch
tinuances: An Exchange will not make a Difcontinuas Fines, with Proclamations by Statute. 4 H. 7.
ance; as if Tenant in Tail exchanges Land with an- cap. 24. 32 H. 8. cap. 36. If the Husband levy a
other, that is not any Difcontinuance, by Reafon no Fine with Proclamations, and dieth, the Wife muft
Livery is requifite thereon. 2 Danv. 57. It is the enter, or avoid the Eftate of the Conufee within
fame of a Bargain and Sale, &c. And an Altera- five Years, or fhe is barred for ever, by the Stat. 4
tion of fuch Things as lie in Grant, and not in Li-Hen. 7. For the Stat. 32 Hen. 8. cap. 28. doth help
very, works no Dif ontinuance; for fuch Grant does the Difcontinuance, but not the Bar. 1 Inft. 326. Hus-
no Wrong either to the Iffue in Tail, or him in band and Wife Tenants in fpecial Tail, the Hus-
Reverfion or Remainder, because nothing paffeth band alone levied a Fine to his own Ufe, and after-
but during the Life of Tenant in Tail, which is wards he devised the Land to his Wife for Life,
lawful; and every Difcontinuance worketh a Wrong. the Remainder over, rendring Rent, &c. The
Co. Lit. 332. If Tenant in Tail of a Copyhold E-Husband dies, the Wife enters and pays the Rent,
ftate, furrenders to another in Fee, this makes not and dies: In this Cafe it was adjudged, that the
any Difcontinuance, (except there be a Cuftom for it) Fine had barred the Iffue in Tail, but not the Wife.
but the Heir in Tail may enter; though this hath Dyer 351. The Entry of the Wife in this Cafe,
been a great Question. 1 Leon. 95. 2 Danv. 571.
If was a Difagreement to the Eftate of Inheritance,
there be Tenant for Life, Remainder in Tail, and and an Agreement to the Eftate for Life: But if the
Remainder in Tail, &c. And Tenant for Life, Wife had not waved the Inheritance, the Eftate-
and he in the firft Remainder in Tail levy a Fine, tail as to the Wife had remained. 9 Rep. 135. If
this is no Difcontinuance of either of the Remainders. Lands be given to the Husband and Wife, and to
1 Rep. 76. But if there be Tenant in Tail, Re- the Heirs of their two Bodies, and the Husband ma-
mainder in Tail, &c. And Tenant in Tail, en-keth a Feoffment in Fee, and dieth; the Wife is
feoffs him in Reverfion in Fee: Or where there is
Tenant for Life, Remainder in Tail, Reverſion in
Fee, and Tenant for Life enfeoffs the Reverfioner;
theſe are Discontinuances, becauſe there is a mean or
immediate Estate. 1 Rep. 140. Co. Lit. 335. 3 Danv.
575. If there be Tenant in Tail, Remainder to
his right Heirs, and he makes Feoffment in Fee,
•
helped by the Statute 32 H. 8. and fo is the Iffue of
both their Bodies. 1 Inft. 326. The Husband is Te-
nant in Tail, the Remainder to the Wife in Tail,
the Husband makes a Feoffmeut in Fee; by this the
Husband by the Common Law did not only difcon-
tinue his own Eftate-tail, but his Wife's Remain-
der: But by Statute 32 Hen. 8. after the Death
I
of
DI
DI
of the Husband without Iffue, the Wife may enter
by the faid A&t. Though if the Husband hath If
fue, and maketh a Feoffment in Fee of his Wife's
Land, and his Wife dieth; the Heir of the Wife
fhall not enter during the Husband's Life, neither
by the Common Law, nor by the Statute. Ibid. A
Difcontinuance may be defeated, where the Eftate
that worked it is defeated; as if a Husband make a
Feoffment of the Wife's Land upon Condition; and
after his Death, his Heir enters on the Fcoffee for
the Condition broken; now the Discontinuance is de-
feated, and a Femc may enter upon the Heir. 1 Inft.
336. The Titles of Difcontinuance of Eftates and
Remitter, were formerly large Titles in our Books;
but they are abridged by Statute.
answered: But if the Plaintiff plead over, the whole
Action is difcontinued. 1 Salk. 139. Debr upon
Bond of 500l. the Defendant as to 2251. Part of it,
pleads Payment, &c. And upon Demurrer to this
Plea, it was adjudged that there being no Antwer to
the Refidue, 'tis a Difcontinuance as to that, for
which the Plaintiff ought to take Judgment by Nil
dicit. I Salk. 180. Where no Answer is given to
one Part, if the Plaintiff pleads thereto, he cannot
have Judgment according to his Declaration; for
which Reafon it may be a Difcontinuance of the
Whole. 1 Nelf. 660. But this is helped after Ver-
dit by 32 H. 8. c. 30.
Difcobert, Is uſed in the Law for a Woman un-
married or Widow, one not within the Bands of
Matrimony. Law Fr. Dit.
Disfranchife, Is to take away one's Freedom or
Privilege: It is the contrary to Enfranchife. And
Corporations have Power to disfranchife Members,
for doing any Thing against their Oaths; but not
for Contempts, c. 11 Rep. 98. Sec Corporation.
Disherifon, Is an old Word which fignifics as
much as Difinkeriting; mentioned in the Stat. 20 Ed
1. and S R. 2.
Discontinuance of Procefs, Is when the Oppor-
tunity of Profecution is loft for that Time; or the Difcretion, (Difcretio) When any Thing is left to
Plaintiff is difmiffed the Court, &c. And every any Perfon to be done according to his Difcretion,
Suit, whether Civil or Criminal, and every Procefs the Law intends it must be done with found Difcretion,
therein, ought to be properly continued from Day and according to Law: And the Court of B. R. hath
to Day, c. from its Commencement to its Conclu-a Power to redreſs Things that are otherwiſe done,
fion; and the Suffering any Default or Gap herein, notwithstanding they are left to the Discretion of
is called a Difcontinuance: The Continuance of the thofe that do them. I Lill. Abr. 477. Difcretion is to
Suit by improper Process, or by giving the Party difcern between Right and Wrong; and therefore
an illegal Day, is properly a Mifcontinuance. 2 Hawk. whoever hath Power to act at Difcretion, is bound by
298. Where an Action is long depending, and con- the Rule of Reafon and Law. 2 Inft. 56, 298. And
tinued from one Term to another, the Continuances tho' there be a Latitude of Difcretion given to one,
muſt be all entered, otherwife there will be a Dif- yet he is circumfcribed that what he does be necef
continuance; whereupon a Writ of Error may be fary and convenient; without which no Liberty can
brought, &c. 1 Nelf. Abr. 660. If the Plaintiff in a defend it. Hob. 158. The Affeffment of Fines on
Suit doth nothing, it is a Diſcontinuance, and he muft Offenders committing Affrays, &c. And the Bind-
begin this Suit again: And where 'tis too late to a-ing of Perfons to the good Behaviour, are at the
mend a Declaration, &c. or the Plaintiff is adviſed Difcretion of our Judges and Juftices of the Peace.
to profecute in another Court, he is to difcontinue 1 Hawk. P. C. 132, 138. And in many Cafes, for
his Suit, and proceed de novo. Com. Law Com. Plac. Crimes not capital, the Judges have a diſcretionary
171. But a Difcontinuance of an A&tion, is not per- Power to inflict corporal Punishment on the Offen-
fect till it is entered on the Roll, when 'tis of Re-ders. 2 Hawk. 445. Infants, &c. under the Age of
cord. Cro. Car. 236. The Plaintiff cannot difcon- Difcretion, are not punishable for Crimes; and want
tinue his Action after a Demurrer joined, and en- of Difcretion, is a good Exception againſt a Witneſs.
tered; or after a Verdict, or a Writ of Enquiry, Ibid. 434.
without Leave of the Court. Cro. Fac. 35. 1 Lill. Abr.
473. In Actions of Debt or Covenant, after a De-
murrer joined, the Court will give Leave to difcon-
tinue, if there be an apparent Caufe; as if the
Plaintiff through his own Negligence, is in Danger
of lofing his Debt: But if the Demurrer be argued,
then he fhall not have Leave to difcontinue; nor
where he brings another Action for the fame Caufe,
and this is pleaded in Abatement of the first Action.
Sid. 84. It has been ruled, upon a Motion to dif-
continue, that the Court may give Leave after a Dilmes, (Decima) Arc Tithes, or the Tenth Part
Special Verdict; which is not compleat and final; of all the Fruits of the Earth, and of Beafts, or La
but never after a general Verdi&. 1 Salk. 178. bour due to the Clergy. It fignifieth alfo the
Nelf. 663. An Appeal may as well be difcontinued Tenths of all Spiritual Livings given to the Prince,
by the Defect of the Procefs or Proceeding in it, as which is called a Perpetual Difm. Stat. 2 & 3 Ed. 3
it may be by the Infufficiency of the Original Writ, cap. 35. And formerly this Word fignified a Tax or
&c. For by fuch Defect, the Matter depending is Tribute levied of the Temporality. Hollingsh. in H. 2.
as it were out of Court. Lill. 473. A Difcontinu f. 111. The Laws of Difmes or Tithes; fce Tithes.
ance or Miſcontinuance, at Common Law reverſes a Difparagement, In a legal Senfe was uſed for
Judgment given by Default; and Difiontinuance up- matching an Heir in Marriage under his Degree, or
on a Demurrer is Error; but a Mifcontinuance af-against Decency. Co. Lit. 107. Magn. Chart. c. 6.
ter Appearance is not fo. 8 Rep. 156. 46 E. 3. 30. Difpauper. When a Perfon by Reafon of his
Discontinuance of Procefs is helped at Common Law Poverty, is admitted to fue in Forma pauperis; if af-
by Appearance: And by Star. 32 H. S. cap. 30. allterwards, before the Suit is ended, the fame Party
Difcontinuances, Mifcontinuances and Negligences have any Lands or perfonal Eftate fallen to him, or
therein, of Plaintiff or Defendant, are cured after be guilty of any Thing whereby he is liable to have
Verdi&. 2 Danv. 352. The Death of the King is not this Privilege taken from him, then he is put out
a Discontinuance of any Suit; and no Suit before Ju- of the Capacity of fuing in Forma Pauperis, and is
ftices of Affife, or Jullices of Peace, &c. will be diffaid to be difpaupered. See Forma Pauperis.
continued by a new Commiffion, Stat. 1 Ed. 6. c. 3.
4 & 5 W. & M. &c. On the Discontinuance of Suits, it
is ufual to give the Defendant Cofts. See Continuance.
Discontinuance of lea, Is where divers Things
ſhould be pleaded to, and fome are omitted; this is
a Difcontinuance. 1 Nelf. Abr. 660, 661. If a Defen-
dant's Plea begin with an Anſwer to Part, and an-
fwers no more, it is a Difcontinuance; and the Plain
tiff may take Judgment by Nil dicit, for what is not
I
Diherito, One that difinheriteth, or puts another
out of his Inheritance. Stat. 3 Ed. 1. cap. 39.
Difpenfation. By the 25 H. 8. cap. 21. The
Archbishop of Canterbury has Power of difpenfing in any
Cafe, wherein Difpenfations (not contrary to the
Law of God) were formerly granted by the See of
Rome; and may grant Difpenfations to the King, as
well as to his Subjects: But fuch Difpenfations hall
not be granted out of the Realm, &c. And during
the Vacancy of the Sce of Canterbury, the Guardian
of the Spiritualties may grant Difpenfations. The
Archbishop
DI
DI
C
1
:
1
1.
Archbishop of Canterbury grants Difpenfations, not
only in his own Province, but in the Province of
York; and the Archbishop of York, and other Bi-
fhops, difpenfe as they were wont to do, by the
Common Law and Cuftom of the Realin. Wood's
Inft. 26. Every Bishop of common Right has the
Power of Inftitution into Benefices, and of Difpen
fing in common Cafos, &c. Ibid. 505. Difpenfations
to hold Pluralities; fce Chaplains.
the
-
•
4
lofe his Eftate for ever, if he do not profecute
his Suit within the Time limited by the Stature of
Limitations, Bac. Elem. And if a Diffeifee levy a
Fine of the Land whereof he is diffeifed, unto a
Stranger, the Diffeifor fhall keep the Land for ever;
for the Diffeifee against his own Fine cannot claim,
and the Conufee cannot enter, and the Right which
the Diffeifee had being extinct by the Fine, the Dif
feifor fhall take Advantage of it. 2 Rep. 56. But this
Difpenfations of the king. If a Difpenfation by is to be understood; where no Ufe is declared of
the Archbishop of Canterbury, is to be in extraordinary the Fine by the Diffeifee; when it shall enure to the
Matters, or in a Cafe that is new, the King and his Ufe of the Diffeifer, &c. by Bridgman, C. J. 1 Lev.
Council are to be confulted; and it ought to be 128. If a Feme Sole be feifed of Lands in Fee,
confirmed under the Broad Seal The King's Au and is diffcifed, and then taketh Husband; in this
thority to grant Difpenfations remains as it did at Cafe, the Husband and Wife, as in Right of the
Common Law; notwithstanding the Stat. 25 H S. Wife, have Right to enter, and yet the Dying
I Cro. 542, 601. The Difpenfation of the King, &c. feifed of the Differfor, fhall take away the Entry of
makes a Thing prohibited, lawful to be done by the Wife, af er the Death of the Husband. i Inft.
him who hath it: But Malum in fe will not admit 246. If a Perfon diffeifes me, and during the Dif
of a Difpenfation. March Rep. 213. Where the Sub-Seifin, he or his Servants cut down the Timber
ject hath an immediate Intereft in an Act of Parlia- growing upon the Land, and afterwards I re-enter
ment, the King cannot difpenfe with it; but where into the Lands, I fhall have Action of Treſpaſs
the King is intrufted with the Management thereof, against him; for the Law, as to the Diffeifor and
and the Subject intercfted by Way of Confequence his Servants, fuppofes the Freehold to have been.
only, he ntay. March 214, 216. When an Offence always in me: But if the Diffeifer be diffeifed, or if he
wrongs none but the King; or if the Suit is only the makes a Feoffment, Gift in Tail, Leate for Life er
King's for the Breach of a Penal Law, that is not Years, I fall not have an Action against the fecond
to the Damage of a third Perfon, the King may dif- Diffeifor, or against thofe who come in by Title: For
penfe: But in Cafe the Suit is the King's, for the Beall the mefme Profits fhall be recovered againſt the
nefit of another, he cannot. Vaugh. 344, 334,
339, Exc.
Blount.
•
any
En-
Diffeifor himself. 11 Rep. 51. Keilw. 1. A Diffeifor in
Affife, where Damages are recovered against him,
Difpenfation by non obftante. If any Statute fhall recover as much as he has paid in Rents charge-
tends to retrain fome Prerogative incident to the able on the Lands before the Diffeifin. Fenk. Cent. 189.
Perfon of the King, as. the Right of Pardoning, or But if the Diffeifor or his Feoffee fows Corn on the
of Commanding the Service of the Subject for the Land, the Diffeifee may take it whether before or af-
publick Weal, c. which are infeparable from the ter Severance. Dyer 31, 173
E.
11 Rep. 46 Where a
King; by a Clauſe of Non obftante, he may difpenfe Man hath a Houfe in Fee, &c. and locks it, and
with it. 2 Hawk. 390. But as in the Reign of King then departs; if another Perfon comes to his Houfe,
Fames II. the difpenfing Power was carried fo high as and takes the Key of the Door, and fays that he
to render the Execution of our neceffary Laws in a claims the Houfe to himself in Fee, without
Manner dependent on the Pleaſure of the Prince; try into the Houfe, this is a Diffeifin of the Houſe. 2
by Stat. 1 W. & M. Seff. 2. cap. 2. It is enacted, | Dano. Abr. 614. If a Feoffor enters on the Land of
That no Difpenfation by Non obftante of, or to any Sta- the Fooffice, and makes a Leafe for Years, &c. it is a
tute, or any Part thereof, fhall be allowed; but that Diffeifin, tho' the Intent of the Parties to the Feoff-
the fame fhall be held void, and of none Effect, ex. ment, was that the Feoffee fhould make a Leafe
cept a Difpenfation be allowed in fuch Statute. The to the Feoffor for Life. 2 Rep. 59. If Leffee for
Difpenfation by Non obftante was brought into this Years is oufted by his Leffor; this is faid to be no
Kingdom by the Pope; and first used by Hen. 3. Diffeifin. Cro. Fac. 678. A Man enters on another's
Pryn's Animadver. on 4 Inft. fol. 129.
Lands, claiming a Leafe for Years, who hath not
Difpcrfonare, 'Is to fcandalize or difparage.fuch Leafe, is a Diffeifor: Though if a Man enters
into the Houſe of another by his Sufferance, with-
Dillignare, To break open a Seal. Sepulto our claiming any Thing, it will not be a Diffeifin.
patre Teftamentum diffignatum eft. Neubrigenfis, lib. 9 H. 6. 21, 31. 2 Danv. 625. If a Perfon enters on:
Lands by Virtue of a Grant or Leafe, that is void
Diffeifin, (from the Fr. Diſſaifin) Signifies an un- in Law; he is a Diffeifor. 2 Danv. 630. A Leffee at
lawful Difpoffeffing a Man of his Right. As where Will makes a Leafe for Years, it is a Diffeifin, at
the Election of the Leffor at Will: But it is the
a Ferfon enters into Lands or Tenements, and his
Entry is not lawful, and keeps him that hath the Diffeifin of the Leffee at Will, not of the Leffee for
Eitate from the Poffeffion thereof. Braît. lib. 4 c. 3. Years. Hill 7 Car. B. R. If a Man enters into the
And Diffeifin is of two Sorts; either Single D Seifin, Land of an Infant, though by his Affent; this is a
committed without Force of Arms; or Diffe:jin by Diffeifin to the Infant, at his Élection. 11 Ed. 3. Aff.
Force, but this latter is more properly Deforcement. 87. And if a Perfon commands another to enter
Brit. cap. 42, 43. By Magna Charta, 9 Hen. 3. c. 29. upon Lands, and make a Diffeifin, the Commander
No Man is to be diffeifed or put of his Freehold, is a Diffeifer, as well as fuch other; unless the Com-
but by lawful Judgment of his Peers, or the Law: mand be conditional, when it may be otherwife.
And by Statute, the Dying feifed of any Diffeifor of 22 A. 99. 2 Danv. 631.
2 Danv. 631. If a Man forces another
to wear to furrender his Eftate to him, and he
or in any Lands, &c. having no Right therein, fhall
not be a Diſcent. in Law, to take away an Entry of doth fo, it will be a Diffeifin of the Eftate. So for-
a Perfon having lawful Title of Entry; except the cibly hindring a Perfon from tilling his Land, is
Diffeifor hath had peaceable Poffeffion five Years, a Diffeifin of the Land. 1 Inft. 161. But if one en-
without Entry or Claim by the Perfon having ter wrongfully into the Lands of another, and he
lawful Title. 32 H. 8. cap. 33. But if a Diffeifor ha- accepts Rent from fuch Perfon, he hell not after-
ving expelled the right Owner, hath fuch Peace wards be taken for a Diſſeiſor. Dyer 173. Where any
able Poffeffion of the Lands five Years without Perfon is difturb'd from entring on Land, it is a Dif
Claim, and continues in Poffeffion fo as to die feifed, feifin: A Denial of a Rent, when lawfully demand-
and the Land defcends to his Heirs, they have aed, is a Diffeifin of the Rent, 1 Inst. 153.
Right to the Poffeffion thereof till the Perfon that dring a Diftrefs for Rent, by Force; or making Ref
is Owner recovers at Law; and the Owner ſhall | cous of a Diftrefs, are a Diſſeifin of the Rent. 2 Danv.
2. C. 7.
•
Alfo hin-
:.624,
1
5
DI
DI
•
1
624, 625. An Infant, or Feme Covert, may be a
Diffeifor, but it must be by actual Entry on Lands,
&c. A Feme. Covert fhall not be a Diffeiforefs, by
the A&t of the Baron: If he diffeifes another to her
Ufe, fhe is not a Diffeiforefs; nor if the Wife agrees
to it during the Coverture: Yet if after his Death,
fhe agrees to it, he is a Diffeiforefs. Ibid. 626, 627.
Affifes that lie against Diffeifors are called Writs of
Diffeifin; and there are feveral Writs of Entry fur
Diffeifin, of which fome are in the Per, and others in
le Poft, &c. But Writs of Affife on Diffeifins, are now
difufed; and the feigned Action of Eje&tment is in-
troduced in their Place. See Affife of Novel Diffeifin,
and Entry.
4
Diffeifoz, Is in general be that diffeifeth or puts
another out of his Land, without Order of Law:
And a Diffeifee is he that is fo put out. 4 H. 4. As
the King in Judgment of Law can do no Wrong,
he cannot be a Diffeifor. 1 E. 5. 8. A Diffeifor is to
be fined and imprifoned; and the Diffeifee reftored
to the Land, &c. by Star. 20 H. 3. cap. 3. Where a
Diffeifor 'is diffeifed, it is called Diffeifin upon Diffeifin.
Diffenters, Are Separatifts from the Church,
and the Service and Worſhip thereof. At the Revo-
lution a Law was enacted, That the Statutes of Qu.
Eliz, and K. James I. concerning the Difcipline of
the Church, fhould not extend to Proteftant Diffen-
ters: But the Perfons diffenting, are to fubfcribe
the Declaration of 30 Car. 2. cap. 1. and take the
Oaths, or the Declaration of Fidelity, &c. And
they must not hold their Meetings, till their Place
of Worship is certified to the Bishop, &c. or to the
Juftices at their Quarter-Seffions, and regiftred
there; alfo they are not to keep the Doors of their
Meeting houfes locked, &c. If any Perfon difturbs
them in their Worship, on Conviction at the Sef-
fions, he shall forfeit 201. Stat. 1 W. & M. And
there are a great many Statutes relating to Diffen
ters befides the Toleration A&: As the 5&6 Ed. 6.
c. 1. 23 Eliz. c. I. 3 Fac. I. c. 4. 13 Car. 2. c. 1. 17
Car. 2. c. 2. and 22 Car. 2. c. 1. 1 W. & M. c. 18. 10
Ann. c. 2. I Geo. 1. c. 6, &c. See Church, &c.
per Gallon, to be raiſed in the fame Manner as Ex-
cife upon Beer, and Ale, c. And Distillers or other
Perfons may export Spirits, drawn from Corn of
Great Britain, on Oath; and that Duties are paid,
and fhall be allowed a Drawback of 41. 18 s. per
Ton, &c. Cyder ufed in Distillation, is exempted
from Duty; but Distillers ufing it otherwife, ſhall
forfeit 51. Stat. 6 Geo. 2. c. 17. No Distillers or o-
thers, fhall retail any Brandy, Rum, Arrack, Ge-
neva, c. by any Name, in any lefs Quantity than
two Gallons, without taking out a Licente, and pay-
ing sol. to the next Office of Excife, &c. on Pain
of forfeiting 100l. and fhall pay 20s. per Gallon:
And the Retailers to make a true Entry of all their
Warchoufes, Shops, Cellars, &c. and the Liquors
therein, under the Penalty of 20l. and 40s. for
every Gallon concealed, or making any clandeftine
Increafe, &c. Officers for the Duties may enter
Warchoufes, &c. and take an Account of Liquor,
and Perfons refufing them Entrance fhall forfeit
5ol. None may contra&t with any Workman or
Servant, to pay him his Wages, fo much in Money,
and the reft in Brandy, &c. And Hawkers and
Sellers of Brandy about the Streets, &c. to forfeit
10%. or be committed for two Months. But Phyfi
cians and Apothecaries, may ufe Spirituous Liquors
in Medicines for Sick Perfons; and Distillers may
exercise any other Trade. 9 Geo. 2. c.
23. The For-
feitures impofed on unlawful Retailers of Spirituous
Liquors, & to be recovered and mitigated, as di-
rected by the A&t 12 Car. 2. And where any Per-
fons are not able to pay the Fines, Commiffioners of
Excife to advance the Rewards for Information out
of Money in their Hands; and the Offenders to be
committed to the House of Correction, and there
ftript naked from the Middle and whipped, c.
Stat. 10 Geo. 2. c. 17. Occupiers of any House or
Place, where any Spirituous Liquors fhall be fold
lefs than two Gallons, if privy thereto, are to be
deemed Retailers thereof, and forfeit 100l. And
if any Perfons to the Number of five or more, in a
riotous Manner affemble to reſcue Offenders, or to
Distillers, Of Strong Waters and Spirits, fetting affault, beat or wound Informers, they fhall be ad-
up any Tun, Cask, &c. or ufing any private Ware judged guilty of Felony, and be tranfported. II
houfe or Cellar, without Notice given to the Officer Geo. 2. c. 26. By a late A&t the great Duties laid on
of Excife, fhall forfeit 201. and 101. for working Spirituous Liquors by former Statutes, and on Li-
Stills but at fuch appointed Hours, to be levied by cences for retailing the fame, are repealed, and o-
Warrant of two Juftices of Peace. Stat. 13 W. ther Duties granted; and no Perfons fhall retail any
M. 7 W. 3. c. 30. If any Distiller fhall ufe a private diftilled Spirituous Liquors, or Strong Waters, in
Pipe for Conveyance of diftilled Liquor, he forfeits Publick or Private, without taking out a Licence
100l. And private Stills to be feifed, for which a from the Commiffioners of the Excife, &c. and pay-
Search may be made by Officers of Excife by Viring 20s. yearly, on Pain of forfeiting 10l. or to be
tue of a Juftice's Warrant. 10 & 11 W. 3. c. 4. Di- committed to the House of Correction, and there
fillers, &c. are to make an Entry of all Warehouſes, kept to Hard Labour two Months. Thefe Licences
for keeping Brandy, on Pain of 201 and Forfeiture are not granted to any Perfons, but thoſe only that
of the Liquors; and Brandy fhall not be fold but keep Taverns, Inns, Alehoufes or Coffee Houses;
in Warehouſes and Places entered, under the Penal- and they must be firft Licenſed to fell Ale or Spiri-
ty of 40s. per Gallon, by Stat. 6 Geo. I. c. 20. Alltuous Liquors by two or more Justices of Peace, to
Mixed or Compound Waters or Spirits, commonly
called Geneva, &c. in the Poffeffion of Distillers, are
liable to a Duty of 5s. per Gallon; and Entries to
be made of Sills, c. under Penalty of 201. And
none of the faid mixed Liquors fhall be expofed to
Sale, but in fome Place that is entered, on Pain of Dilrefs, (Diftrictio) Signifies moft commonly a-
Forfeiting 40s. a Gallon; and if any Diftiller diftils ny Thing which is taken and diftrained for Rent be
or fells any Spirits, not of full Proof he fhall pay hind, or other Duty: And by the Common Law,
the like Forfeiture: Alfo Sellers or Retailers of a- Diftreffes for Rent were not to be fold, but only de-
ny Compound Liquors, in lefs Quantities than a tained for inforcing Payment of the Rent; but this
Gallon, are to take out a Licenfe at the Excife is altered by Statute. A Man may take a Diftrefs
Office for the fame, and pay down 20%. and felling for Homage, Fealty, or any Services; for Fincs and
without fuch Licence, to forfeit 501. Selling Bran- Amercements; and for Damage-feafant, &c. And
dy about Streets, in any Wheelbarrow or on a the Effect of it is to compel the Party either to re-
Shed, or other Place, incurs a Penalty of 101. le-plevy the Diftrefs, and conteft the Taking in Aion
viable by Justices of Peace: But this A&t fhall not of Trefpals against the Diftrainer; or, which is
extend to Arrack, Rum, Citron Water, Iriſh Uf more ufual, to compound and pay the Debt or Du
quebaugh, &c. Stat. Geo. 2. cap. 17. The Duty on ty, for which he was diftrained. There are like-
Compound Waters or Spirits, and French Brandy, wife Diftreſſes in Actions compulsory to caufe a Man
c. taken off, and Duties granted of Is. and 25. to appear in Court: And of theſe there is a Diprefs
Q19
Perfonal,
be enabled to retail fuch Liquors: But none fhall
be deem'd a Retailer, who does not fell it to be
drank in any Place belonging to him, or ſend it
abroad, in lefs Quantities than a Pint. Stat. 16 Geo.
2. cap. S.
DI
DI
•
Perfonal, of a Man's moveable Goods, and Profits | ken, and Notice given, and of the Caufe left at the
of his Lands. &. for Contempt in not appearing Dwelling-houfe, . replevy the fame according to
after ſummoned ; and Diſtreſſes Real, upon immove Law; then the Perfon diftraining may with the Un-
able Goods. And none fhall be diftrained to an-der-Sheriff of the County, or Conftable of the
fwer for any Thing touching their Freeholds, but Place, &c. (who are required to be affifting) caufe
by the King's Writ. 52 Hen. 3. Diftrefs is alfo di the Goods to be appraiſed by two fworn Appraiſers,
vided into finite and infinite: Finite, is that which is and fold to fatisfy the Rent, &c. leaving the Over-
limited by Law, how often it shall be made to plus in the Constable's Hands for the Ufe of the
bring the Party to Trial of the Action, as once, Owner. Stat. 2 W. & M. c. 5. All Diftreſſes for Rent
twice, &c. And infinite, is without Limitation, un-must be made on the Premiffes, by the Common
til the Party appears; which is likewife applica- Law: But by Statute, if any Tenant fraudulently
ble to Jurors not appearing: Then it hath had a removes Goods from off the Premiffes, the Land-
further Divifion into a Grand Diftrefs, and Ordinary lord may in five Days feife fuch Goods wherefoever
Diftrefs; the former whereof extends to all the found, as a Diftrefs for the Rent in Arrear; unleſs
Goods and Chattels which the Party hath within the Goods are fold for a valuable Confideration be-
the County. F. N. B. 904. Old Nat. Br. 43, 113. fore the Seifure. 8 Ann. c. 17.
fore the Seifure. 8 Ann. c. 17. And whereas before
Brit. c. 26. f. 52. Of common Right a Perfon may that Statute, for Rent due the last Day of the Term,
diftrain for Rents, and all Manner of Services; the Leffor could not diftrain; becauſe the Term
and for Rent reſerved upon a Gift in Tail, Leafe ended before the Rent was due; (and the Leffee
for Life, Years, &c. though there be no Claufe of had the whole Day to pay it) and it was the fame,
Difirefs in the Deed, fo as the Reverfion be in where the Leffee held over his Term, for Rent in-
himſelf: But on a Feoffment in Fec, a Diftrefs may curred during the Term. Co. Litt. 47. Now by the
not be taken, unleſs exprefly reſerved in the Deed. Stat. 8 Ann. where Leafes are expired, a Diftrefs
1 Inft. 57, 205. Doctor and Student, cap. 9. If a Leffee may be taken, provided it be done within fix
for Years grant away all his Term to another, ren- Months, and during the Landlord's Title and Te-
dring Rent, he cannot diftrain for this Rent; but nant's Poffeffion Diftreffes for Services, are to be
Debt will lie for it as a Sum in grofs. 2 Lev. So. on the Land: But for an Amercement in a Leet, fo
If one make a Leafe rendring Rent at Michaelmas,the Diftrefs may be taken any where within the Hun-
provided if it be behind twenty Days after, he fhall dred, as well out of the Land, as on it, where-ever
diftrain; in this Cafe the Leffor may not diftrain Cattle are of him that is amerced; for the A-
till the twenty Days be paft: But the Opinion mercement charges only the Perfon, and not the
of fome Judges is against it, where a Diftrefs is in- Land; and for this a Distress may be taken in the
cident; and the Words are Affirmative, that he high Street. 2 Danv. Abr. 644, 645. The Lord can-
may diftrain at any Time after the Day. Co. Litt. not diftrain for Amercements in a Court-Baron,
204. Trin. 14 Fac. 1. A Man grants a Rent out of without a Preſcription; though he may in the Leet:
the Manor of D. and further, that if the Rent be And the Goods and Cattle of another, may not be
behind, the Grantee fhould diftrain for it in the taken in Diftrefs on my Ground, for an Amercement,
Manor of S. this is a Rent of the Manor of D. &c. fet upon me in a Court-Leet or Court-Baron,
and only a Penalty on the other Manor. 1 Shep. Abr. 11 Rep. 44. 12 H. 7. 13. For Services a Diftrefs can-
567. If a Perfon feifed of Land in Fee, demife it not be taken but where the Services are certain; or
to one upon Condition to pay his Wife 51 a Year may be reduced to a Certainty. Co. Litt. 96. A Di-
Rent, and if it be behind and in Arrear, that the ftrefs for Rent cannot be made in the Night: Nor
fhall diftrain for it; the Wife may take a Diftrefs may Gates, &c. be broke open to make a Diftrefs;
for the Rent Dyer 3, 48. There is a Lord and Te or the Landlord enter into the Tenant's Houfe for
nant by 31. Rent and Fealty, the Lord dies, and that Purpoſe, unless the Doors are open. 1 Inft.
his Wife is endowed of the Thirds of the Seigniory; 142, 161. One may break an inner Door of a
here fhe may diftrain for one Pound, and the Heir Houfe, &c. to take the Diftrefs; if the outer Doors
for two Pounds: So if a Rent be divided amongst be open. Comb. 17. Diftreffes are to be of a Thing
Parceners, each of them may have a Diftrefs for her valuable, whereof fome Body hath a Property;
Part; but this may not be till Partition is made. Things Fera Natura, as Dogs, Conies, &c. may not
Bro. 45. If one Jointenant make a Gift in Tail, of be diftrained. 1 Roll. Abr. 664, 666. It is the fame
the Land, referving a certain Rent, and the Rent of Cattle of the Plough, Beafts of Husbandry, Sheep,
be arrear; he may not diftrain the Beafts of the or Horfes joined to a Cart, with a Rider upon it.
other Jointenant. 33 H. 6. 35. But if A. and B. are 1 Vent. 36. But it has been adjudged that Horſes
Tenants in Common, and A. leafes his Moiety to C. may be taken from a Cart loaded; though it has
for Years, rendring Rent, and C. leafe it to B. if been a difputed Cafe, whether they could be fepa-
the Rent is behind, A. may take a Diftrefs of the rated. Sid. 422 Raym. 18. A Horfe with a Rider
Cattle of B. his fellow Tenant in Common. 7 Rep. upon his Back; or a Horfe in an Inn, or put into
23. Moor 558. To juftify taking a Diftrefs, the Para Common; an Ax in a Man's Hand, cutting down
ty muſt fee he hath good Caufe to Diftrain; that
he have Power to take the Diftrefs, and from the
Perfon from whom he takes it; that the Thing for
the Quality of it be Diftrainable, and he diftrain
it in due Time and Place, &c. He who takes a Di
firefs for another, ought to have good Warrant for
the doing of it; and muft do it in his Name: And
a Bailiff or Servant, may diftrain for his Mafter. 1
Cro. 748. 2 Cro. 436. Godb. 110. A Distress ought to
be made of fuch Things whereof the Sheriff may
make Replevin, and deliver again in as good Plight
and Condition as they were at the Time of the Ta.
king. 1 Inft. 47. And Diftreffes for Rent are to be
reaſonable, and not exceffive; and not to be taken
in the King's Highway, or the common Street; or
in the ancient Fees of the Church. 51 H. 3. 52 H. 3.
And where a Diftrefs is taken, it
c. 15. 9 Ed. 2.
may be replevied in five Days; if the Tenant and
Owner of the Goods do not in that Time after ta-
-
Wood; or any Thing a Perfon carries about him;
Utenfils and Inftruments of a Man's Trade or Pro-
feffion, or the Books of a Scholar; Corn in a Mill,
or Goods in a Market to be fold for the Ufe of the
Publick; Materials in a Weaver's Shop, for making
of Cloth; another Perfon's Garment in the Houfe of
a Taylor, &c. are not diftrainable: Nor is any
Thing that is fixed to the Freehold of a Houſe, as a
Furnace, Doors, Windows, Boards, &c. 1 Sid. 422,
440. 1 Inft. 47. 2 Dano. Abr. 641. But Goods, Cat-
tle, not of the Plough, c. Sheaves of Corn; Corn
in the Straw, or thrashed; and Carts with Corn,
(but not Viduals) Hay in a Barn, or Ricks of Hay,
Money in a Bag fealed, though not out of a Bag,
&c. may be diftrained for Rent: And fo may
Cattle or Goods driving to Market, if put into Pa-
fture by the Way; and Beafts of a Stranger, in the
Landlord's Ground, being Levant and Cou bant, and
having well refted themselves there. 1 Inft. 47. 1
Lutw.
:
4
DI
DI
"
:
Lutw. 214. Md. 385. 2 W. & M. If a Driver of ftrainer muſt anſwer it. Wood's Inft. 191. And they
Cattle asks Leave of the Leffor to put his Cattle are to be removed immediately; except Corn or
into Ground for a Night, and he gives Leave, as Hay, by Stat. 2 W. & M. cap. 3. If a Landlord
well as the Leffee; yet 'tis faid he is not concluded doth not remove Goods immediately, but quits them
from diftraining them for Rent. 2 Ventr. 59. 2 Danv. till another Day, during which Time they are ta-
642. Relief given in Equity in thefe Cafes. See ken away, it is not a Refcous, for want of Poffef-
Chancery. 2 Vern. 129. But the Goods of a Carrier fion. Mod Ca. 215. I Nelf. 672. Where Goods are
are privileged, and cannot be diftrained for Rent, unlawfully diftrained, the Owner may refcue them,
though the Waggon wherein loaded is put into the before they are impounded; but not afterwards.
Barn of a Houfe, &c. on the Road. 1 Salk. 249. If 1 Inft. 47. If Lands lie in feveral Counties, a Di-
the Fences of another Man's Ground be out of Re-stress may be made in one County, for the whole
pair, and the Neighbour's Cattle efcape there, and Rent. i Inst. 154. And if a Landlord comes into
are Levant and Couchant, without any freſh Purfuit a Houſe, and feifes upon fome Goods as a Diſtreſs, in
after them, they may be diftrained for Rent; for the Name of all the Goods in the Houfe; this is a
the Land is Debtor for the Rent, and the Landlord good Seifure of all. 6 Mod. 215. But if any Perfon
muft refort thither, and is not to inquire whofe fhall diftrain another, on Purpofe to injure him, or
Cattle they are which he finds therein. 1 Rol. Rep. put him to Expence, &c. he fhall pay treble Da-
124. 1 Nelf. Abr. 667. But if the Owner freshly mages. Stat. 13 Ed. 1. And if any Diftrefs and Sale
pursues the Cattle, they are not diftrainable; be- be made where there is no Rent due, the Owner of
cauſe they are fuppofed to be always in his View the Goods diftrained fhall recover double the Value
and Poffeffion. If the Owner of the Cattle is to of the Goods, and full Colts, by 2 W. & M. Alfo
maintain the Fences, in fuch Cafe, if they efcape by the Common Law, if a Lord or other Perſon
into another's Ground, they may be diftrained be- fhall diftrain ſeveral Times for his Service or Rent,
fore Levant and Couchant, and notwithstanding fresh when none is in Arrear, the Tenant may have an
Purfuit. Nelf. Ibid. Where a Landlord comes to Affife de fovent Diftrefs, &c. F. N. B. 176. See Re-
diftrain Cattle, which he fees on the Tenant's caption, Replevin, and Refcous.
Ground, if the Tenant, or any other, to prevent the Distress for Rent by the late Act, which has
Diftrefs, drives the Cattle off the Land, the Land- much altered our Law in this Cafe: If any Tenant
lord may make freſh Purfuit, and diftrain them of Lands or Tenements, fhall fraudulently carry
Tho' if before the Diftrefs, the Owner of the Cattle away his Goods, to prevent Diftrefs, the Landlord
tenders his Rent, and a Diftrefs is taken afterwards, may within thirty Days after, diftrain them where-
it is wrongful. 2 Inft. 160. 2 Inft. 107. Two Diftreffes ever they fhall be found, as if they had been on
cannot be taken for one Rent, if there were fuffi- the Premiffes; but no fuch Goods fhall be diftrain-
cient Goods when the firft Diftrefs was made; but if ed, if fold bona fide for valuable Confideration be-
there were not then a fufficient Diftrefs, there may. fore Seizure, to any Perfon not privy to the Fraud.
Cro. El. 13: Lutw. 1536. But by Stat. 17 Car. 2. Tenants committing fuch Fraud, or others affifting,
When the Value of Cattle diftrained fhall fhall forfeit double the Value of the Goods carried
cap.. 1.
be found not to be of the Value of the Arrears of off, to be recovered by Action of Debt, &c. And
Rent, for which the Diftrefs was taken, the Perfon where they fhall not exceed 50l. Value, the Land-
diftraining, his Executors, c. may take further lord may exhibit a Complaint before two Juftices
Diftreffes, for fuch Arrears. 1 Nelf. 670. A Diftrefs of Peace, who are to examine the Fact, and inquire
of Cattle must be brought to the common Pound, or into the Value of the Goods, and thereupon order
be kept in an open Place; and if they are put into the Offender to pay double Value, leviable by Di-
a common Pound, the Owner is to take Notice of firefs and Sale; or for want thereof, commit the
it at his Peril; but if in any other open Place, No- Offender to the House of Correction for fix Months.
tice is to be given the Owner, that he may feed Landlords, or their Agents, may with the Affiftance
them; and then if the Cattle die for Want of Food, of a Conftable, feize any Goods fraudulently con-
the Tenant fhall bear the Lofs; and the Landlord ccaled in any Houſe, Outhoufe, &c. And in Café
may diftrain again for his Rent. 5 Rep. 90. 1 Inft. of a Dwelling-houfe, on Oath firft made to fome
47, 96. Where one impounds Cattle diftrained, he Juftice of Reafon to fufpect that fuch Goods are
cannot justify the Tying them in the Pound; if he therein, may break open the fame, and diſtrain
ties a Beaft, and it is ftrangled, he muſt anſwer it them: They may alfo diftrain for Rent any Cattle,
in Damages. 1 Salk. 248. If the Perfon diftraining or Stock of their Tenants, feeding in any Com-
put the Distress in a broken Pound, and the Distress mon; or Corn, Grafs, Hops, Fruits, &c. growing
cfcapes, he can have no Action for the fame: 'Tis on the Land, which they hall cut, gather, cure
otherwiſe if from another Pound, without his De- and lay up when ripe, in any proper Place, giving
fault, when he may have Action of Trefpafs. Salk. Notice to the Tenant within a Weck where lodged,
Ibid. By Statute, none fhall drive a Diftrefs out of and difpofe thereof towards the Satisfaction of the
the County, on Pain to be fined and amerced: And Rent and Charges; the Appraiſement to be taken
no Distress of Cattle fhall be driven out of the Hun- when cut or cured: But if after a Distress ſo taken,
dred where taken to any Pound, except to a Pound before the Product be ripe and gathered, the Te
overt in the fame County, and not above three nant fhall pay the Rent, and Charges of the Di-
Miles diftant; nor fhall any Diftrefs be impounded ftrefs, the faid Diftrefs fhall cease. Perfons may fe-
in ſeveral Places, under the Penalty of 51. and tre- cure Diftreffes lawfully taken, and fell them upon
ble Damages. 52 H. 3 c. 4. 1 P. & M. cap. 12. AF the Premiffes, in like Manner as may be done off
ter a Diftrefs is in the Pound, it is faid to be in Cu- the fame by 2 W. & M. And any Perfons may go
ftodia Legis, fo that the Owner of it hath no abfo- to and from the Premiffes, to view, appraiſe, buy,
lute Property therein; and therefore he cannot fell or take away the Goods of the Purchafer; and
or forfeit it, nor may the fame be taken in Execu- if a Refcous be made for the Distress, the Perfons
tion, &c. but it must be as a Pledge or Means to aggrieved fhall have the Remedy given by the
help the Party diftraining to his Debt or Duty. Co.
Litt 190. Finch's Ley 135. Cattle diftrained may
not be used, because by Law they are only as a
Pledge; unless it be for the Owner's Benefit, by
milking, &c.
2 Cro. 148. When a Diftrefs is taken
of Houfhold Goods, or other dead Things, they are
to be impounded in a Houfe, or other Pound Co
vert, . And if the Diftrefs is damaged, the Di-
faid Statute. Diftreffes made for Rent juftly duc,
fhall not be unlawful, nor Diftrainers Tref
paffers ab initio, for any Irregularity in the
Difpofition thereof; but the Parties grieved to
have Satisfaction for fpecial Damage, in an Ac-
tion of the Cafe, &c. But no Tenant fhall reco-
ver by ſuch Action, if Tender of Amends hath
been made before the Action brought. And in all
Actions
*
1
*
O
b
DI
DI
Actions of Trefpals, or on the Cafe relating to the times for Devife of a Portion or Parcel of Lands,
Entry, Distress, or Sale, made by Landlords for c. by Will: And fometimes it is taken for the
Rents, the Defendants may plead the General If Bounds or Limits of Divifion of a Parish, or Farm,
fue, and if the Plaintiffs become nonfuit, &c. fhallc. As Divifas perambulare, to walk the Bounds of
recover double Cofts of Suit. Stat. 11 Geo. 2. c. 19.
See Leafe. Vide the Statute.
Diftrels of the Bing. By the Common Law, no
Subject can diftrain out of his Fee or Seigniory;
unlefs Cattle are driven to a Place out of the Fec,
to hinder the Lord's Distress, &c. But the King
may diftrain for Rent-Service, or Fee-Farm, in all
the Lands of the Tenant wherefoever they be; not
only on Lands held of himfelf, but of others; where
his Tenant is in actual Poffeffion, and the Land
manured with his own Beafts, &c. 2 Inft. 132. 2
Dano. Abr. 643.
Distress of a Town. If a Town be affeffed to
a certain Sum, a Diftrefs may be taken in any Part,
ſubject to the whole Duty. 2 Danv. 643.
Diftri&tione Scaccarii, A Statute fo called.
H. 3.
District, (Diftridus) A Territory, or Place of
rifdiction; the Circuit wherein a Man may be com-
pelled to appear; alfo the Place in which on hath
the Power of diftraining: And where we fay Hors de
Jon fee, out of the Fee; it has been uſed for Extra
Diftri&um fuum. Brit. c. 120.
a Parish; in which Senfe, it has been extended to
the Divifion between Countries, and given Name to
Towns, as to the Devifes, a Town in Wiltshire, fitu-
ate on the Confines of the Weft Saxon and Mercian
Kingdoms. Leg. H. 2. cap. 9. Leg. Ina, c. 44. Leg.
H.1. c. 57. Cowel.
Divil ou the Peck. A tormenting Engine made
of Iron, ftraitning and winching the Neck of a Man
with his Legs together, in a horrible Manner, fo
that the more he firreth in it the ftraiter it preffeth
him, formerly in Ufe among the Perfecuting Pa
pifts. Fox's Atts fub R. H. S.
Divorce, (Divortium, à Divertendo) Is a Separation
of two, de facto married together, made by Law: It
is a Fudgment Spiritual; and therefore if there be
Diſtribution of Inteftates Eftates, according to Occafion, it ought to be reverfed in the Spiritual
the 22 & 23 Car. 2. may be fued for as well in Court. Co. Lit. 335. And befides Sentence of Di-
the Chancery, as in the Ecclefiaftical Court: And vorce; in the old Law, the Woman divorced was to
if the Perfons appointed to have it, die before a have of her Husband a Writing called a Bill of Di-
Diftribution made, their Shares go to their Exocu-vorce, which was to this Effect, viz. I Promise that
&c. There are
tors, &c. 2 Chan. Rep. 374. Where the Remain hereafter I will lay no Claim to Thee,
der or Surplus of an Eltate, not difpofed of by many Divorces, mentioned in our Books; as Caufa
Will, fhall go and remain to the next of Kin, by Pracontractus; Caufa Frigiditatis; Caufa Confanguinita-
the Statute of Diftributions. 2 Vern. 361, 676. Sce tis; Caufa Affinitatis; Caufa Profeffionis, &. But the
Adminiftrator, alfo Executor, and Inteftates.
ufual Divorces are only of two Kinds, i. e. à Menfa
51 Thoro, from Bed and Board; and à Vinculo Ma-
trimonii, from the very Bond of Marriage. A Di-
Ju-vorce à Menfa & Thoro, diffolveth not the Marriage;
for the Caufe of it is fubfequent to the Marriage,
and fuppofes the Marriage to be lawful: This Di-
verce may be by Reafon of Adultery in either of the
Partics, for Cruelty of the Husband, &c. And as
it doth not diffolve the Marriage, fo it doth not
debar the Woman of her Dower; or baftardize the
Iffue; or make void any Eſtate for the Life of Huf-
band and Wife, &c. 1 Inft. 235. 3 Inft. 89. 7 Rep.
43- The Woman under Separation by this Divorce,
muft fue by her next Friend; and fhe may fue her
Husband in her own Name for Alimony. Wood's
Diftringas Juratozes, Is a Writ directed to the Inft. 62. A Divorce à Vinculo Matrimonii, abfolutely
Sheriff, to diftrain upon a Fury to appear; and re-diffolves the Marriage, and makes it void from the
turn Iffues on their Lands, &c. for Non-appear- Beginning, the Caufes of it being precedent to the
ance. Where an Iffue in Fact is joined to be tried Marriage; as Pracontract with fome other Perſon,
by a Fury, which is returned by the Sheriff in a Confanguinity or Affinity, within the Levitical De-
Panel upon a Venire facias for that Purpofe; there-grees, Impotency, Impuberty, &c. On this Divorce
upon there goes forth a Writ of Diftringas Jurator', Dower is gone; and if by Reafon of Precontract,
to the Sheriff, commanding him to have their Bo-Confanguinity, or Affinity, the Children begotten
dies in Court, &c. at the Return of the Writ. between them are Baftards. 1 Inft. 335. 2 Inft. 93.
1 Lill. Atr. 483. And the Writ of Diftringas Fur 687. But in thefe Divorces, the Wife 'tis faid fhall
ought to be delivered to the Sheriff fo timely, that
he may warn the Fury to appear four Days before
the Writ is returnable, if the Furors live within
forty Miles of the Place of Trial; and eight Days
if they live farther off. Ibid. 484. There may be
an Alias, or Pluries Diftringas Jur' where the Jury
do not appear..
Diftringas, Is a Writ directed to the Sheriff, or
other Officer, commanding him to diftrain a Man
for a Debt to the King, &c. Or for his Appearance
at a Day. There is a great Diverfity of this Writ;
which was fometimes of old called Conftringas.
F. N. B. 138.
•
Dividend in the Exchequer, Is taken for one Part
of an Indenture. Stat. 10 Ed. 1. c. II.
Dividend in the University, Is that Part or Share
which every one of the Fellows do juftly and
qually divide among themſelves of their annual
Stipend.
+
receive all again that he brought with her, becauſe
the Nullity of the Marriage arifes thro' fome Im-
pedinient; and the Goods of the Wife were given
for her Advancement in Marriage, which now
ceafeth: But this is where the Goods are not ſpent;
and if the Husband give them away during the Co-
verture, without any Collufion, it fhall bind her:
If fhe knows her Goods unfpent, the may bring Ac-
tion of Detinue for them; and as for Money, &c.
which cannot be known, the muft fue in the Spiri-
e-tual Court. Dyer 62. 1 Nelf. Abr. 675. Where Lands
were formerly given to Husband and Wife, and the
Heirs of their Bodies in Frank Marriage; if they
had been afterwards divorced, the Wife was to have
her whole Lands; and by Divorce, an Eltate-Tail of
Baron and Feme, 'tis faid may be extin&. Godb. 18.
After a Sentence of Divorce is given in the Spiritual
Court Caufa Precontractus, the Iffue of that Marriage
fhall be Baftards, fo long as the Sentence ftands un-
repealed; and no Proof fhall be admitted at Com-
mon Law to the contrary. 1 Inft. 235. 1 Nelf. 674.
And Iffue of a fecond Marriage in fuch Cafe, may
inherit until the Sentence is repealed. 2 Leon. 207.
Though it is not fo where the Divorce is à Menfa
Thoro, for Adultery, &c. in which Cafe the Mar-
riage
Dividend in Law Proceedings, A Dividing of
Fees and Perquifites between Officers arifing from
Writs, &c. Practif. Solic.
Dividend of Merchants, Is where a juft Share of
Profits in Trade is affigned to any one.
Dividend in Stocks, A dividable proportionate
Share of the Interest of Stocks, erected on publick
Funds; as the South-Sea, India, Bank, and African
Stocks, &c. Payable to the Adventurers half-
yearly.
Díbila, Hath various Significations: Sometimes
it is uſed for a Device, Award or Decree: Some
*
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1
7
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D. O
DO
1
retain the Phrafe, in common Saying, when we
would undervalue a Man, That he is not worth a
Doit..
Do Law, (Facere Legem) is the fame with to
make Law.
Stat. 23 H. 6. c. 14.
Dole, (Dola) A Saxon Word fignifying as much
as Pars or Portio in the Latin; and anciently where
a Meadow was divided into feveral Shares, it was
called a Dole Meadow. 4 Jac. cap. 11. See Dalus.
Dolefish, feems to be the Share of Fish, which
the Fishermen, yearly employed in the North Seas,
do cuftomarily receive for their Allowance. Stat:
35 H. S. c. 7.
a
Dolg-bote, (Sax.) A Recompence or Amends, for
Scar or Wound. Sax. Diet. LL. Aluredi Reg. c. 23.
Dollar, A Piece of Foreign Coin, going for a-
al-bout 4 s. 6 d. Lex Mercat.
riage ſtill continues. Cro. Car. 462. And if after af
Divorce à Menfa Thoro, either of the Parties mar-
ry again, the other being Living, fuch Marriage is
a mere Nullity; and by Sentence to confirm the
firft Contract, the and her first Husband become
Husband and Wife to all Intents, without any for-
mal Divorce from the ſecond. I Leon. 173. Alſo on
this Divorce, as the Marriage continues, marrying
again, while either Party is living, hath been held
within the Statute 1. Fac. 1. of Felony, for having
married a fecond Husband or Wife, the former be-
ing alive; where a Woman was divorced, and inhi
bited by the Statute not to marry during her Huf
band's Life. Cro. Car. 333. I Nelf. 674. On a Di-
vorce à Vinculo Matrimonii, by Reafon of Pracontract,
c. the Parties may marry again: And in Divorces
for Adultery, feveral Acts of Parliament have
lowed the innocent Party to marry again. Sen-
tence of Divorce must be given in the Life of the
Parties, and not afterwards: But it may be repeal
ed in the Spiritual Court, after the Death of the
Parties. 1 Inft. 33, 244. 7 Rep. 44. 5 Rep 98. Up-
on the Divorce of a Man and his Wife, Equity will
not affiſt the Wife in recovering Dower, at the Hus-
band's Death, but fhall leave her to the Law; nei-
ther ought the Spiritual Court to grant her Admi-
niftration, the not being fuch a Wife as is intitled
to it; nor will the Chancery Decree her a Diftri
butive Share. Preced. Canc. 111, 112. A Divorce fhall
be tried by the Bishop's Certificate; and not by a
Jury.
Diurnalis, Signifies as much Land as can be
ploughed in a Day, with one Ox; in fome Authors,
it is writ Diuturna Blount.
Docket, or Dogget, Is a Brief in Writing on a
fmall Piece of Paper or Parchment, containing the
Effect of a greater Writing. 2. & 3 P. & M. cap. 6.
Weft. Symbol. par. 2. fect. 106. And when Rolls of
Fudgments are brought into C. B. they are docketted,
and entered on the Docket of that Term; fo that up.
on any Occafion you may foon find out a Judgment,
by ſearching thefe Dockets, if you know the Attor-
ney's Name. Exemplification, of Decrees in Chan-
cery are alfo docketted: And Attornies keep Docket-
Books, wherein are entered Judgments, &c. Practif.
Attorn. Edit. 1. p. 155, 166.
Dogs, The Law takes Notice of a Greyhound,
Maſtiff Dog, Spaniel and Tumbrel; for Trover will
lie for them. 1 Cro. 125. 2 Cro. 44. A Man hath a
Property in a Maftiff: And where a Maftiff falls on
another Dog, the Owner of that Dog cannot justify
the Killing the Maftiff; unless there was no other
Way to fave his Dog, as that he could not take off
the Maftiff, &c. I Saund. 84. 3 Salk. 139. The
Owner of a Dog is bound to muzzle him if mifchie-
vous, but not otherwife: And if a Man doth keep a
Dog, that ufeth to bite Cattle, c. if after Notice
given to him of it, his Dog fhall do any Hurt, the
Mafter fhall anfwer for it. Ibid.
Dom-boc, (Sax.) Signifies Liber Fudicialis, as ap-
pears by the Laws of K. Ed. 1.
This 'tis conjec-
tured was a Book of Statutes of the English Saxons,
wherein the Laws of the antient Saxon Kings were
contained. Leg. Ina, c. 29.
Dome, or Doom, (from the Sax. Dom) A Judg-
ment, Sentence, or Decree. And feveral Words
end in Dom; as Kingdom, Earldóm, &c. from whence
they may be applied to a Jurifdiction of a Lord, or
a King. Mon. Ang. Tom. 1. fol. 284. Alſo there is a
Dome of a Church; fuch as St. Paul's, &c.
Domesday, (Liber Fudiciarius, vel Cenfualis An-
glia) Is a molt antient Record, made in the Time
of William I. called the Conqueror, and now remain-
ing in the Exchequer fair and legible, confifting of
two Volumes, a Greater and a Lefs; the greater
containing a Survey of all the Lands in England, ex-
cept the Counties of Northumberland, Cumberland,
Westmoreland, Durkam, and Part of Lancashire, which
'tis faid were never furveyed, and excepting Effex,
Suffolk, and Norfolk; which three laft are compre-
hended in the leffer Volume. There is alfo a third
Book, which differs from the others in Form more
than Matter, made by the Command of the fame
King. And there is a fourth Book kept in the Ex-
chequer which is called Domesday; and though a
very large Volume, is only an Abridgment of the
others. Likewife a fifth Book is kept in the Remem-
brancer's Office in the Exchequer, which has the
Name of Domesday, and is the very fame with the
fourth before mentioned. Our Ancestors had many
Dome-Books: King Alfred had a Roll which he called
Domefday; and the Domesday Book made by Will. 1.
referred to the Time of Edward the Confeffor, as that
of King Alfred did to the Time of Ethelred. The
fourth Book of Domefday having many Pictures, and
gilt Letters in the Beginning, relating to the Time
of King Edward the Confeffor, this led him who
made Notes on Fitzherbert's Regiſter into a Miſtake in
p. 14. where he tells us, that Liber Domesday factus
fuit tempore. Regis Edwardi. The Book of Domesday
was begun by five Juftices, affigned for that Pur-
pofe in each County, in the Year 1081, and finifhed
Anno 1086. And it is generally known, that the
Queftion whether Lands are Antient Demefne, or not,
is to be decided by the Domesday of Will. 1. from
whence there is no Appeal: And 'tis a Book of that
Authority, that even the Conqueror himfelf fub-
mitted fome Cafes wherein he was concerned to be
determined by it. The Addition of Day to this
Dome- Book, was not meant with any Allufion to the
final Day of Judgment, as moft Perfons have conceit.
ed; but was to ftrengthen and confirm it, and fig-
Dog-nifieth the judicial decifive Record or Book of doom-
ing Judgment and Juftice. Hammond's Annot'.
den calls this Book Gulielmi Librum Cenfualem, the
Tax Book of King William ; and it was further called
Magna Rolla Winton. The Dean and Chapter of
York have a Register ftiled Domesday; fo hath the
Bishop of Worcester; and there is an antient Rull in
Chester Cafle, called Domesday Roll. Blount.
Dog-Days, (Dies caniculares) Are the hotteft
Time of the Year, by Realon the Sun is then in
Leo: They are reckoned fixty-four in all, à tertio
Idus Julii ufque in Idus Septembris.
Dog-dzato, Is a manifeft Deprehenfion of an Of
fender against Venifon in a Foreft, when he is found
drawing after a Deer by the Scent of a Hound, led
in his Hand: Or where a Perfon hath wounded a
Deer, or wild Beaft, by shooting at him, or other-
wife, and is caught with a Dog drawing after him to
receive the fame. Manwood, pár. 2. cap. 18.
Dogger, A light Ship or Veffel; as a Dutch
ger, &c. Stat. 31 Ed. 3. cap. 1.
Dogger-fih, Are Fish brought in thofe Ships
Stat. Ibid.
Dogger-Men, Fishermen that belong to Dogger-
Ships. 25 H. 8. c. 2.
Doitkin, or Doit, Was a baſe Coin of fmall Va-
lue, prohibited by the Stat. 3 H. 5. c. 1. We till
•
Rrr
Cam-
Domes=
DO
DO
!
1
Domes-men, Judges, or Men appointed to doom,
and determine Suits and Controverfies: Hence ag-
deme, I deem, or Judge. Vide Days Man.
Domicellus, Is an old obfolete Latin Word, an-
ciently given as an Appellation or Addition to the
King's natural Sons in France, and fometimes to the
cideft Sons of Noblemen there; from whence we
borrow'd thefe Additions: As feveral natural Chil-
dren of John of Gaunt, Duke of Lancaster, are ftiled
Domicelli by the Charter of Legitimation. 20 R. 2.9 Car. B. R. A Parochial Church may be Dona-
But according to Thorn, the Domicelli were only the
better Sort of Servants in Monafteries.- Domi-
cellus Abbatis & Domicelli & Servientes Monafterii,
p. 1748, 1990.
Domigerium, Is fometimes uſed to fignify Dan-
ger; but otherwife, and perhaps more properly, it
is taken for Power over another; fub Domigerio a
licujus vel manu effe. Bract. lib. 4. Tract. 1. cap.
19.
Domina, A Title given to honourable Women,
who anciently in their own Right of Inheritance
held a Barony. Paroch. Antiq.
Dominica in Bamis Palmarum, Palm Sunday.
Anno 23 Ed. 1,
Domínium, Signifies Right or Regal Power.
Paroch. Antiq. 498.
Dominus. This Word prefix'd to a Man's
Name, in ancient Times ufually denoted him a
Knight, or a Clergyman; and ſometimes a Gentle
man, not a Knight, eſpecially a Lord of a Manor.
Domo Beparanda, Is a Writ that lies for one a-
gainst his Neighbour, by the Fall of whofe Houfe
he fears Damage and Injury to his own. Reg. Orig.
153.
Domus Converfozum, Was an antient Houſe
built or appointed by King Hen. 3. for fuch Jews
as were converted to the Chriftian Faith: But King
Ed., who expulfed the Jews from this Kingdom,
deputed the Place for the Cuftody of the Rolls and
Records of the Chancery. See Rolls.
Domus Dei, The Hofpital of Saint Julian in
Southampton, fo called. Mon. Angl. Tom. 2. 440.
the Ordinary, the Patron is not exempted: And
the Clerk must be qualified like unto other Clerks
of Churches, no Perfon being capable of a Dona-
tive, unless he be a Pricft lawfully ordained, c.
Yelv. 61. Stat. 14 Car. 2. cap. 4. I Lill. 488.
There may be a Donative of the King's Gift with
Cure of Souls, as the Church of the Tower of Lon-
don is: And if fuch Donative be procured for Mo-
ney, it will be within the Statute of Simnony. Mich.
tive, and exempt from the Ordinary's Jurifdiction.
Godolph. 262. The Church of St. Mary le Bone in
Middleſex is Donative, and the Incumbent being cited
into the Spiritual Court, to take a Licence from
the Bishop to preach, pretending that it was a Cha-
pel, and that the Parion was a Stipendiary; it was
ruled in the King's Bench that it was a Donative;
and if the Bishop vifit, the Court of B. R. will
grant a Prohibition. 1 Mod. 90. I Nelf. Abr. 676.
If a Patron of a Donative, doth once prefent his
Clerk to the Ordinary, and the Clerk is admitted,
inftituted and inducted, then the Donative ceafeth;
and it becomes a Church prefentative. 1 Inft. 344.
But when a Donative is created by Letters Patent,
by which Lands are fettled upon the Parſon and his
Succeffors, and he is to come in by the Donation of
the King, and his Succeffors; in this Cafe, tho'
there may be a Preſentation to the Donative, and
the Incumbent come in by Inftitution and Induction,
yet that will not deftroy the Donative. 2 Salk. 541.
All Bishopricks, being of the Foundation of the
King; they were in antient Time Donative. 3 Rep. 75.
A Parfon is put in Poffeffion of a Donative by Gift
in Writing of the following Form:
Form of a Donation of a Church.
Right Honourable T. Lord B. Baron of, &c. fend
O all to whom theſe Prefents fhall come, I the
Greeting. Whereas the Church or free Chapel of, &c.
in the Diocefe of, &c. is now void, and of Right doth be-
long and appertain to my Gift. Know ye therefore,
That I the faid T. Lord B. in Confideration of the known
Abilities, Learning and Honefty of T. D. Clerk of, &c.
Have given and granted unto him the faid T. D. the
faid Church or Chapel of, &c. aforesaid with all Rights,
Benefits, Advantages and Appurtenances whatsoever to the
fame belonging; and by thefe Prefents I the faid T. Lord
B. do induct the faid T. D. to the Poffeffion of the faid
Church or Chapel, with all its Rights and Appurtenances.
In Witness, &c.
Donor and Donee. Donor is he who gives Lands
or Tenements to another in Tail, &c. And the
Perfon to whom given is the Donee.
Donative, (Donativum) Is a Benefice meerly gi-
ven and collated by the Patron to a Man, without
either Preſentation to, or Inftitution by the Ordina-
ry, or Induction by his Order. F. N. B. 35. And
Donatives are fo term'd, because they began only by
the Foundation and Erection of the Donor. Clergym.
Law. 120. The King might of ancient Time found
a Church or Chapel, and exempt it from the Jurif
diction of the Ordinary: So he may by his Letters
Patent give Licence to a common Perfon to found
fuch a Church or Chapel, and make it Donative,
not prefentable; and that the Incumbent or Chap-
lain fhall be depriv'd by the Founder and his Heirs,
and not by the Bishop; which feems to be the Ori- Dosture, (Dormitorium) Is the common Room or
ginal of Donatives in England. Gwin's Readings. Chamber, where all the Fryers, or Religious of one
When the King founds a Church, &c. Donative, it Convent flept and lay all Night. Stat. 25 H 8. c. 11.
is of Courſe exempted from the Ordinary's Jurifdic- Doffale, A Word ufed for Hangings or Tapestry.
tion, tho' no particular Exemption is mentioned, Doffale five Tapefium. Mat. Par.
and the Lord Chancellor fhall vifit the fame: And Dote Aignanda, Is a Writ that lay for a Widow,
where the King grants a Licence to any common where it was found by Office, that the King's Te-
Perfon to found a Church or Chapel, it may be Donant was feifed of Lands in Fee, or Fec-tail, at the
native, and exempted from the Jurifdi&tion of the
Bishop, fo as to be vifited by the Founder, &c.
x Inft. 134. 2 Roll. Abr. 230. The Refignation of a
Donative must be to the Donor or Patron and not to
the Ordinary; and Donatives are not only free from
all ordinary Jurifdi&tion, but the Patron and Incum-
bent may charge the Glebe to bind the Succeffor:
And if the Clerk is diſturbed, the Patron may
bring Quare Impedit, &c. Alfo the Patron of a Do-
native may take the Profits thereof, when it is va-
cant. i Inft. 344. Cro. Fac. 63. If the Patron of a
Donative will not nominate a Clerk, there can be no
Lapfe: But the Bishop may compel fuch Patron to
nominate a Clerk by Ecclefiaftical Cenfures; for
though the Church is exempt from the Power of
2
Day of his Death, and that he held of the King in
chief, &c. In which Cafe, the Widow came into the
Chancery, and there made Oath, That fhe would not
marry without the King's Leave; whereupon fhe
had this Writ to the Efcheator, to affign her Dower,
&c. But it was ufual to make the Affignment of
the Dower in the Chancery, and to award a Writ
to the Efcheator, to deliver the Lands affigned un-
to her. Stat. 15 Ed. 3. cap. 4. Reg. Orig. 297. F. N. B.
263.
Dote unde nihil habet, Is a Writ of Dower, that
lies for the Widow againſt the Tenant who bought
Land of her Husband in his Life-time, whereof he
was folely feiſed in Fee fimple, or Fee-tail, and of
which he is dowable. F. N. B. 147.
Dotis
}
1
**
DO
DO
+2
1
Dotis omenfuratione, Admeasurement of Dower,
where the Widow holds more than her Share, &c.
Sce Admeaſurement.
Double Plea, (Duplex placitum) Is where a De
fendant alledgeth for himself two feveral Matters
in Bar of the Plaintiff's A&tion, when one of them
is fufficient, which fhall not be admitted: As if a
Man plead feveral Things, the one not depending
upon the other, the Plea is accounted Double, and
will not be allowed; but if they mutually depend
on each other, and the Party may not have the laftfo it may abridge Dower to a 4th Part. 1 Inft. 33. 3
Plea without the first, then it shall be received.
Kitch. 223. And where a Double Plea that is wrong,
is pleaded; if the Plaintiff reply thereto, and take
Iffue of one Matter; if that be found against him,
he cannot afterwards plead in Arreft of Judgment;
for by the Replication it is allowed to be good. 18
Ed. 4. 17. If a Man pleads two or more Matters,
when he is compelled to fhew them, it makes not
the Plea double; fo it is where two diftin&t Things
are pleaded, which require but one Anfwer: And in
Cafe a Man pleads two feveral Matters or Things,
and only one is material, the other being Surplu-
fage, or but Matter of Inducement, and needing no
Anſwer, the Plea is not double. Hob. 197. Where
there are feveral Inducements to a Plea, they fhall
not make the Plea double: And Double Pleas are al-
lowable in Affifes of Novel Diffeifin, &c. but not in
other A&tions. Fenk. Cent. 75. All Pleas ought to
be fingle, that the Jury may not be troubled and
perplexed with over many Things at once. Smith's
Rep. Ang. lib. 2. c. 13.
Double Quarrel, (Duplex Querela) Is a Complaint
made by any Clerk, or other to the Archbishop
of the Province, against an inferior Ordinary, for
delaying or refufing to do Juftice in fome Caufe
Ecclefiaftical; as to give Sentence, inftitute a
Clerk, &c. and feems to be termed a Double Quarrel,
becauſe it is most commonly made againſt both the
Judge, and him at whofe Suit Juftice is denied or
delayed: The Effect whereof is, That the Arch-
bishop taking Notice of the Delay, directs his Let-
ters under his authentical Seal to all Clerks of his
Province, commanding them to admonish the Or-
dinary within a certain Number of Days to do the
Juftice required, or otherwife to appear before him
or his Official, and there alledge the Caufe of his
Delay: And to fignify to the Ordinary, that if he
neither perform the Thing enjoin'd, nor appear
and fhew Cauſe againſt it, he himself in his Court
of Audience will forthwith proceed to do the Juftice
that is due. Cowel.
Doubles, (Fr.) Signify as much as Letters Pa-
-tent. Stat. 14 H. 6. c. 6,
Douzen Peers, Were twelve Peers, affigned at
the Inftance of the Barons in the Reign of K. H. 3.
to be Privy Counsellors to the King, or rather Con-
fervators of the Kingdom.
Dober-Castle. The Conftable of Dover Castle,
fhall not hold Plea of any foreign County within
the Castle Gates, except it concern the Keeping of
the Caſtle; nor ſhall he diſtrain the Inhabitants of
the Ports, to plead elſewhere or otherwife than as
they ought, according to their Charters, &c. Stat.
28 Ed. 1. c. 7.
Dow, To give or endow, from the Latin Word
Do.
Dowager, (Dotata, Dotiffa) A Widow endowed;
applied to the Widows of Princes, Dukes, Earls,
and other great Perfonages.
Dower, (Dotarium) Is a Portion which a Widow
hath of the Lands of her Husband after his Deceafe,
for the Suftenance of her felf, and Education of
her Children. 1 Inft. 30. And there were formerly
five Kinds of Dower in this Kingdom. 1. Dower by
the Common Law, which is a third Part of fuch
Lands or Tenements whereof the Husband was fole
feifed in Fee fimple, or Fee-tail, during the Cover- I
ture; and this the Widow is to enjoy during her
Life. 2. Dower by Custom, which is that Part of the
Husband's Eftate to which the Widow is entitled af-
ter the Death of her Husband, by the Cuftom of a-
ny Manor or Place, fo long as the lives Sole and
Chafte; and this is more than one third Part, fór
in fome Places fhe fhall have Half the Land,' as by
the Cuftom of Gavelkind; and in divers Manors the
Widow fhall have the whole during her Life, which
is called her Free Bench: But as Cuſtom may inlarge;
Dower ad Oftium Ecclefia, made by the Husband him-
felf immediately after the Marriage, who named
fuch particular Lands of which his Wife fhould be
endowed; and in ancient Time, it was taken that
a Man could not by this Dower endow his Wife of
more than a third Part, though of lefs he might:
And as the Certainty of the Land was openly decla-
red by the Husband, the Wife after his Death
might enter into the Land of which he was en-
dowed without any other Affignment. 1 Inft. 34.
Lit. Sect. 39. 4. Dower ex affenfu Patris, which like-
wife was of certain Lands named by a Son who
was the Husband, with the Confent of his Father,
and always put in Writing as foon as the Son was
married: And if a Woman thus endowed, or Ad
Oftium Ecclefia, after the Death of her Husband en-
ter'd into the Land allotted her in Dower, and a
greed thereto, fhe was concluded to claim any
Dower by the Common Law. Lit. Sect. 41. 5. Dower
de la pluis Belle, which was where the Wife was en-
dowed with the fairest Part of her Husband's Eſtate;
but of all thefe Writs of Dower, the two first arc
now only in uſe. 1 Nelf. Abr. 679. By our Law,
all the Goods and Chattels of the Wife, are the
Husband's; and if fhe be an Inheritrix, the Huf
band holds her Land during her Life; alfo if he
hath Iffue by her, he fhall hold it for his own Life,
by the Curtesy of England: And if he have any Land
in Fee, whereof he is poffcffed during the Marri
age, fhe is to have a third Part thereof for her Life
as her Dower; though fhe bring nothing to the Huf
band, and whether the have Iffue by him or not.
Litt. 36. There are three Things to entitle Dower,
viz. Marriage, Seifin, and Death of the Husband;
the Marriage, muſt be good and lawful; and con-
tinue to the Husband's Death; and a Wife fhall be
endow'd of a Seifin in Law, as well as of a Scifin
in Deed; as where Lands and Tenements defcend
to the Husband, before Entry, he hath but a Seifin
in Law, and yet the Wife fhall be endow'd altho'
it be not reduc'd to an actual Poffeffion. I Inft. 31,
32, &c. And it is not neceffary that Scifin fhould
continue during the Coverture; for if the Hus-
band aliens the Lands, &. the Wife fhall be never-
thelefs endow'd. Ibid. 32, 35. If Lands are ex-
chang'd by the Husband for other Lands, the Wife
may be endow'd of which Lands fhe will, as the
Husband was feifed of both; though he may not
be endow'd of the Lands given and taken in Ex-
change. 1 Inft. 31. Where the Eftate, which the
Husband hath during the Marriage, is ended, there
the Wife fhall lofe her Dower. New Nat. Br. 333.
But of an Eftate-tail in Lands determined, a Wo-
man fhall be endow'd; in like Manner as a Man
may be Tenant by the Curtefy of her Lands. 1 Inft.
31. And if a Wife be endowed of her third Part,
and afterwards evicted by an elder Title; fhe fhall
have a new Writ of Dover, and be endowed of the
other Lands. 2 Dany. Abr. 670. Though this is
where it is the immediate Eftate defcended to the
Heir; and not when it is the Eftate of an Alienee.
9 Rep. 17. The Wife is dowable where Lands were
recovered against the Husband by Default or Covin:
And a Woman deforc'd of her Dower, fhall recover.
Damages, viz. the Value of her Dower from her
Husband's Death. 13 E. 1. 20 H. 3. If the Husband
doth not die feifed, after Demand and Refuſal 10 af
figr
DO
DO
::
1
fign Dower to her, the fhall have Damages from the jately after her Husband's Death have her Marriage
Time of the Refufal. Fenk. Cent. 45. The Wife of Inheritance; and remain in his chief Houfe forty
a Man who is baniſh'd, fhall have Dower in his Life-Days, within which Time Dower is to be affign'd
time; 'tis held otherwife, if he is profefs'd in Re-her of the third Part of all his Lands, &c. 9 H. 3.
ligion: And a Jointress of a banifh'd Husband, fhall The Affigment of the Lands is to be for her Life;
enjoy her Jointure in his Life. 1 Inft. 133. Perk. 5, and if Lands are affign'd to a Woman for Years,
307.. If a Man leafes Land for Life, rendring in Recompence of Dower; this is no Bar of Dower;
Rent; his Wife fhall not be endow'd of this Rent; for it is not fuch an Eftate therein as the
for this is but an Eftate for Life in the Rent; tho' fhould have. 2 Danu. Abr. 668. Alſo where other
it defcends to the Heir. 2 Danv. 656. But the fhall Land is affigned to the Woman, that is no Part of
be endowed of a Reverfion, expectant on a Term of the Lands wherein fhe claims Dower; that Affign-
Years; and of a Rent-referved thereon. Lutw. 729.ment will not be good or binding: And there muft
If the Husband bath only an Eftate for Life, Re-be Certainty in what is affigned; otherwife tho' it
mainder to another in Tail, though the Remainder be by Agreement, it may be void. 4 Rep. 2. 1 Inft. 34.
over is to his Heirs, the Wife fhall not be endow'd. If a Wife accept and enter upon lefs Land than the
2 Dano. 656. A Woman fhall not be endow'd of the third of the Whole, on the Sheriff's Affignment,
Goods of her Husband; nor of a Caſtle, or capital fhe is barred to demand more. Moor 679. But if
Meffuage: But of all other Lands and Tenements where a Wife is intitled to Dower of the Lands of
ſhe may.
1 Inft. 35. Where there are three Maher firft Husband; her fecond Husband accepts for
nors, one of them may be affign'd to the Wife in this Dower lefs than her third Part, after his Death
Dower in Lieu of all three; tho' it is faid that afhe may refufe the fame, and have her full third
third, Part of every Manor ought to be affign'd. Part. Fitz. Dower, 121. If a Wife having Right of
Moor 12, 47. The Sheriff may affign a Rent out of Dower in the Land, accept of a Leafe for Years
the Land in Lieu of Dower; and her Acceptance of thereof after the Death of her Husband, it fuf-
he Rent will bar Dower out of the fame Land, but pends the Dower; tho' not fuch Acceptance of a
nor of other Lands. 2 And. 31. Dyer 91.. 1 Nelf Leafe, before the Husband's Death, &c. for then
Abr 680. A Grantee of a Rent in Fee or Tail, the Wife has only a Tidle to have Dower, and not
dies without Heir, his Wife fhall be endowed: But an immediate Right of Dower. Bro. ca. 372. fenk.
not where the Rent arifes upon a Refervation to Cent. 15. A Widow accepting of Dower of the Heir,
the Donor and his Heirs, on a Gift in Tail, and the against common Right, fhall hold it fubject to the
Donee dies without Iffue; for this is a collateral Charges of her Husband; but otherwife it is, if the
Limitation. Plowd. 156. F. N. B. 149. If during be endowed against common Right by the Sheriff.
the Coverture, the Husband doth extinguish Rents 2 Danu. 672. By Provifion of Law, the Wife may
by Releafe, &c. yet fhe fhall be endowed of them; take a third Part of the Husband's Lands, and hold
for as to her Dower, in the Eye of the Law, they them difcharged. Ibid. If Dower be affign'd a Wo-
have Continuance. 1 Inft. 32. And where a Rent man on Condition, or with an Exception; the Con-
is defcended to the Husband, but he dies before any dition and Exception are void. Cro. Eliz. 541. De-
Day of Payment; notwithstanding the Wife fhall taining of Charters concerning the fame Land of
be endowed of it. 1 H. 7. 17. When a Jointure is which the Widow demands her Dower, is a good
made of Lands after Marriage, the Wife may wave Plea by the Heir in Delay of her Dower: But if
it, and demand her Dower: But it is otherwife when the delivers up the Evidences, fhe fhall have Judg-
made before Marriage, according to the Statutement; though if the denies the Derainer, and it is
27 Hen. 8. And if Lands are given to the Husband found against her, fhe lofes her Dower.
and Wife in Tail, and after the Death of the Huf 9 Rep. 19. If a Wife levies a Fine with her Huf-
band, the Wife difagrees, fhe may recover her band, the debars herſelf of her Dower: And if a
Dower; for by her waiving her Eftate, her Husband common Recovery be had against the Husband and
in Judgment of Law was fole feifed ab initio. 3 Rep. Wife, of the Husband's Lands, it fhall bar the Wife
27. If Lands are improved, the Wife is to have one of her Dower. 2 Rep. 74. Plowd. 514. Where a Wo-
Third according to the improved Value. 1 Inft. 32. man releaſes her Right to him in Reverſion, her
And if the Ground deliver'd her be fowed, the Dower may be extinguifh'd. 8 Rep. 151. If a Wife
ſhall have the Corn. 2 Inft. 81. A Widow may re- commits Treafon or Felony; or if the elope from
cover her Dower, with a Ceffat Executio, in Cafe there her Husband, and live with the Adulterer willingly,
be any Thing objected against precedent the Title without being reconciled to the Husband, fhe fhall
of Dower, &c. till that is determined. 1 Nelf. 684, lofe and forfeit her Dower; but if the Husband be
687. 1 Salk. 291. Judgment in Dower is to recover reconciled to her, and the lives with him again,
a third Part of Lands and Tenements per Metas & fhe fhall be endow'd. 2 Inft. 453. Dyer 106. And if
Bundas; but this may not be of a Mill; for if it after Elopement of the Wife, her Husband and ſhe
were, neither of the Parties could ufe their Parts. demean themſelves as Husband and Wife, it is Evi-
I Lev. 182. When no Divifion can be made of dence of Reconciliation. Dyer 196. İf a Man
what the Wife is dowable, Dower is to be affigned in grants his Wife with her Goods to another, and the
a fpecial Manner; as of the third Preſentation to Wife by Virtue of the Grant lives with the Grantee
a Church, the third Toll Dish of a Mill; Common during the Life of the Husband, this fhall forfeit
certain, a third Year; the third Part of the Profits her Dower; for fhe lived in Adultery, notwithſtand-
of an Office, Fair, Marker, &c. 1 Rol. Abr. 678.ing the Grant. 1 Inft. 135. 2 Danv. 662. If a Wo-
And Dower is much favoured in Law, being for the man be of the Age of nine Years, at the Death of
Benefit of Widows: Wherefore the Wife of one Non her Husband, fhe fhall be endowed of whatſoever
Compos Mentis, of an Ideot, Outlaw, or one attaint-Age he is; because after the Death of the Husband,
ed of Felony, may be endowed: But not of a Per-the Marriage is adjudged lawful. 1 Inft. 33. And
fon attainted of 'Treafon; nor the Wife of an Alien, Dower is an infeparable Incident to an Estate in Tail
Jew, &c. 1 Inft. 33, 37. Stat. 1 Ed. 6. cap. 12. 5 Ed. or Fee that cannot be taken away by Condition:
6. cap. 11. At Common Law, Dower is affigned by If one feifed in Fee of Lands make a Gift in Tail,
the Sheriff, by the King's Writs, or by the Heir, &c. on Condition that the Wife fhall not have Dower,
by Agreement among themselves: And the Wife the Condition is void. 6 Rep. 41. If Tenant in Tail
cannot enter otherwife into her Dorver. 1 Bulft. 35. die without Iffue, fo that the Land reverts to the
By the antient Law of England, till Magna Charta, Donor; or in Cafe he covenants to ſtand ſeiſed to
a Woman was to continue a whole Year in her Huf- Ufes, and dies, his Wife will be endowed: And a
band's Houfe, for the Affignment of her Dower. Devife of Land by the Husband to his Wife by Will,
Inft. 17. By that Statute, a Widow ſhall immeḍi- is no Bar of her Dover, but a Benevolence. S Rep.
2
Hob. 199.
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&
2
34.
DO
DR
܀
34. Yelv. 51. Bro. Dower 69. It is held, that Land
devifed to a Man's Wife, who is entitled to Dower
of his Lands; it not being mentioned in Satisfaction
Form of a Writ of Dower, &c.
of her Dower, thall be taken as a voluntary, Gift, G Greeting: Command A. B. that justly, &c. be
EORGE the Second, &c. To the Sheriff of S.
Dowry, (Dos Mulieris) Was in ancient Time ap-
plied to that which the Wife brings her Husband in
Marriage; otherwife called Maritagium, or Marriage
Goods: But theſe are termed more properly, Goods
given in Marriage, and the Marriage Portion.
Inft. 31. This Word is often confounded with Dower;
though it hath a different Meaning from it.
I
Dowzy Bill, Among the Jews, the Bridegroom
at the Time of the Marriage, gave his Wife a Dow-
ry Bill. Blount.
Dozein, A Territory or Jurifdiction mentioned
in the Stat. of View and Frank-pledge. 18 Ed. 4. Sce
Deciners.
Rex
Draco Regis, The Standard Enfign, or military
Colours, bore in War by our ancient Kings, having
the Figure of a Dragon painted on them.
Anglie fixiffet fignum fuum in medio, & tradidiffet Dra-
conem fuum Petro de P. ad portandum, &c.—
·Rog.
Hoved. fub ann. 1191.
Dragium, Drag; A coarfer Sort of Bread-Corn;
In Staffordshire they ufe a Kind of Malt, made of
Oats mixed with Barley, which they call Dreg, or
Drag Malt; and in Effex, &c. they have a Grain
called Dreg. Tuffer's Husband. p. 32.
and not any Recompence or Bar of Dower: And in
this Cafe the Widow brought a Writ and recover'd, render to C. D. who was the Wife of T. D. ber reaſona-
against which the Heir could have no Relief. ble Dower, which is come unto her, of the free Tene-
Preced. Canc. 133. A Perfon grants and conveys ment (or Freehold) that was of, and belonging to the faid
Land to D. and his Heirs, on Condition, to redemife T. Some Time her Husband, in, &c. whereof the hath
the fame back, &c. which afterwards he does, and nothing, as the faith; and whereof she complains, that
dies; here D's Widow may nevertheless be endow'd. the faid A. deforceth her, &c. And unless, &c.
Abr. Caf. 217. A is Tenant in Tail of Lands, the
Remainder to B. in Tail, Remainder to A. in Fee; As in great Eſtates Jointures of Lands are uſually
if A. bargains and fells the Land to C. and his Heirs, made in Lieu and Satisfaction of Dower, thefe Actions
the Wife of the Bargainec fhall have Dewer, de-of Dower are not fo frequently brought as they
terminable upon the Death of the Tenant in Tail. were formerly.
10 Rep. 96. And if a Fcoffment be made upon
Condition to reinfeoff, and the Feoffee take a
Wife, the may have her Dower 'till Reinfeoffment,
or an Entry made for not doing it: And fo 'tis of
other defeasible Eftates. 2 Rep. 59. Perk. Sect. 420.
If one be diffeifed, and after doth marry, if he die
before Entry, his Wife fhall not have Dower: And
where a Perſon recovers Land in a real Action,
and before his Entry or Execution made he dieth,
the Wife ſhall not be endowed of this Land. 2 Rep.
56. Perk. 377. Where the Husband's Eftate is
fuch, that by no Poffibility Iffue begotten on his
Wife might inherit as Heir to him; there the Wife
may not be endow'd: As if Lands are given to a
Man and the Heirs he fhall beget on his preſent
Wife, and the dies; and then he takes another
Wife, fhe fhall not have Dower: But in Cafe Land
be given to the Husband and Wife in Tail, the
Remainder in Tail to the Husband, and the first
Wife dying without Iffue, he marries another Wife;
this fecond Wife will be entitled to Dower, after his
Death. Lit. Sect. 53. 40 E. 3. 4. 2 Shep. Abr. 63. The
Wife of a Tenant in Common, but not a Jointenant,
fhall have Dower; and fhe fhall hold her Part in
Common with the Tenants in Common. Kitch. 160.
A Wife may have her Writ of Dower against an Heir,
an Alienee, a Diffei for, &c. or against any one that
has Power to affign Dower; if the Lord enters on
the Land for an Efcheat, fhe may bring it againft
him, but to the King fhe muft fue by Petition. 9 Rep.
10. Plowd. 141. Dyer 263. 1 Inft. 59. This Writ
was brought against eight Perfons Feoffees of the Drapery, (Pannaria) Is ufed as a Head in our old
Husband after Marriage, two confeffed the Action, Statute Books, extending to the Making and Manu-
and the other fix pleaded to Iffue; here the De- fa&turing of all Sorts of Woollen Cloths. Stat. 25
mandant had Judgment to recover the third PartEd. 3. 4 E. 4. 1 R. 3. 27 H. 8, &c. See Clothiers.
of two Parts of the Land, in eight Parrs to be di- Draw-gere, Signifies any Harness belonging to
vided: And after the Iffue being found for the De-Cart-Horfes, for drawing a Waggon, or other Car-
mandant againſt the fix, fhe recovered against them riage. Paroch. Antiq. p. 549.
the third Part of fix Parts of the fame Land, as her
Dower. Dyer 187. 1 Co. Inft. 32. The Wife is, as
foon as he can after the Deccafe of her Husband, to
demand her Dower, left fhe lofe the Value from the
Time of his Death: And in Action of Dower, the first
Proceſs is Summons to appear: And if the Tenant or
Defendant do not appear, nor caft an Effoin, a
Grand Cape lies to feile the Lands, &c. But on the
Return of the Writ of Summons, the Attorney for the
Tenant or Defendant may enter with the Filizer that
the Tenant appears, and prays View, &c. Then a
Writ of View goes out, whereby the Sheriff is to fhew
the Tenant the Land in Queftion, upon the Return
of which Writ of View, the Tenant's Attorney takes
a Declaration, and puts in a Plea; the molt general
one is, Ne unques feizie, &c. viz. that the Husband was
never feiſed of any Eftate, whereof the Wife can be
endowed; and when Iffue is join'd, you must proceed
to Trial, as in other Actions: Upon Trial, the Jury
are to give Damages for the mean Profits from the
Death of the Husband (if he die feiſed) for which
Execution ſhall be made out; and then you have a
Writ to the Sheriff to give Poffeffion of a third Part
of the Lands. Pract. Solic. p. 335, 336.
Dags, Seem to be floating Pieces of Timber fo
joined together, that by fwimming on the Water
they may bear a Burden or Load of other Things
down a River. 6 H. 6. c. 5.
Diana, A Drain or Water-courfe; fometimes
writ Drecca. Cartular. Abb. Rad. MS.
Draw-latches, Were Thieves and Robbers: Lam
bert in his Eiren. lib. 1. cap. 6. calls them Thieves,
Wafters, and Roberdfmen; Words grown out of Uſe.
They are mentioned in 5 E. 3. c. 14. and 7 R. 2.
cap. 5.
Dredgermen, Are Fishers for Oyfters, &c. Stat.
2 Geo. 2.
Dieit-Dicit, or Droit, Arc Words fignifying for-
merly a double Right, viz. of Poffeffion, and of
Property or Intereft. Bract. lib. 4. c. 27. Co. Lit. 266.
Drenched, An old Word, ufed where a Perfon
was overcome, from the Germ.
Drenches, or Dzenges, (Drengi) Are Tenants in
Capite, lays an an ancient MS. Mon, Angl. Tom. 2. fol.
598. And according to Spelman, they are fuch as
at the Coming of Will. 1. called the Conqueror, be-
ing put out of their Eftates, were afterwards re-
ftored thereunto; on their making it appear that
they were Owners thereof, and neither in Auxilio,
or Confilio against him. Spelm.
Drengage, (Drengagium) The Tenure by which
the Drenches or Drenges held their Lands. Trin. 21
Ed. 3 Ebor. & Northumb. Rot. 191.
sff
Dift
DR
DU
0
on many Days and Times, as well before as afterwards,
at, &c. in the faid County, and elfecubere in divers other
Places within the faid County, was and yet is a common
Drunkard, and common Disturber of the Peace of our
Sovereign Lord the King, to the bad Example of other
Subjects of our faid Lord the King, and against the Peace,
&c.
Drift of the Fozelt, (Agitatio Animalium in Fo-
refta) Is a View or. Examination of what Cattle are
in the Foreft, that it may be known whether it be
furcharged or not; and whofe the Beasts are, and
whether they are commonable, &c. Thefe Drifts
are made at certain Times in the Year by the Off-
cers of the Forest; when all the Cattle of the Foreft
are driven into fome Pound or Place inclofed, for
the Purpoſes afore mentioned; and to the End it Diy Exchange, (Cambium Siccum) Is a Terni in-
may be diſcovered whether any Cattle of Strangersvented in former Times for the Difguifing and Co-
be there, which ought not to common. Manw. par. vering of Ufury; in which fomething was pretend-
2. c. 15. Stat. 32 H. 8. c. 13. 4 Infl. 309.
ed to pafs on both Sides, whereas in Truth no-
Drinklean, (in ſome Records Potura Drinklean) thing paffed but on one Side, in which Reſpect it
Was a Contribution of Tenants, in the Time of the was called Dry. Stat. 3 H. 7. c. 5.
Saxons, towards a Potation or Ale, provided to en-
tertain the Lord, or his Steward.
Drofoenue, Signified with our Saxon Ancestors a
Grove, or woody Place, where Cattle were kept;
and the Keeper of them was called Drofman.
Domefday.
Dzofland, or Dryland, Another Saxon Word,
fignifying a Tribute or yearly Payment made by
fome Tenants to the King, or their Landlords, for
driving their Cattle thro' a Manor to Fairs or Mar-
kets. Cowel.
Diy Rent, A Rent referved withour Claufe of
Diftrefs. See Rent feck.
Duces tecum, Is a Writ commanding a Perfon
to appear at a certain Day in the Court of Chancery,
and to bring with him fome Writings, Evidences,
or other Things which the Court would view. Reg.
Orig.
Duces tecum licet Languidus, A Writ directed
to the Sheriff, upon a Return that he cannot bring
his Prifoner without Danger of Death, he being
adeo Languidus; then the Court grants a Habeas Cor-
pus in Nature of a Duces tecum licet Languidus. Book
Droit, Right, Is the highest Writ of all other
real Writs whatfoever, and hath the greatest Re-Entr,
fpe&t, and the moft affured and final Judgment; and
therefore is called a Writ of Right, and in the old
Books Droit. Co. Lit. 158. There are divers of thefe
Writs uſed in our Law, fuch as the following.
Droit de Bdvowson.
Droit de Dower.
Droit de Garde.
Droit Patent.
Droit Bationabili parte.
Djoft fur Diſclaimer.
All theſe ſeveral
Writs of Right, and
their various Ufes,
fee Recto.
Dzomones, Dromos, Dromunda, Signified at
firft high Ships of great Burden, but afterwards
thoſe which we now call Men of War. Walfing,
Anno 1292.
Tres Majores Naves fubfequentur,
Mat. Parif. fub
quos vulgo Dromones appellant.
ann. 1191.
Drovers, Are thofe that buy Cattle in one Place
to fell in another: They are to be married Men
and Houfholders, and be licenced by Stature, 5 Eliz.
And if they drive their Cattle on the Lord's
Day, they fhall forfeit 20s. by 1 Car. I. c. I.
Duggeria, A Place of Drugs, or Drugfters Shop:
And Druggifts and their Wares. Vide Coffee.
c. 12.
Duel, (Duellum) In our ancient Law is a Fight
between Perfons in a doubtful Cafe, for the Trial
of the Truth. Fleta. But this Kind of Duel is
difufed; and what we now call a Duel is, a Fight-
ing between Two, upon fome Quarrel precedent:
Wherein, if a Perfon is killed, both the Principal
and his Seconds are guilty of Murder, and whether
fuch Seconds fight, or not. H. P. C. 47, 51. And
'tis faid by fome, that the Seconds of the Per-
fon killed are equally guilty, by Reafon of the
Encouragement which they gave by joining with
him: But this is contradicted by others. 1 Hawk.
82. Wherever two Perfons in cool Blood meet
and fight upon a precedent Quarrel, and one of
them is killed, the other is guilty of Murder;
and cannot excufe himfelf by alledging that he
was firft ftruck by the Deceafed, or that he had
declined to meet him, was prevailed upon to do
it by his Importunity, or that it was not his In-
tent to kill, but only to vindicate his Reputation,
I Hawk. P.. C. 81. If two Perfons quarrel
c.
over Night, and appoint to fight the next Day;
or quarrel in the Morning, and agree to fight in
the Afternoon; or fuch a confiderable Time af-
ter, by which it may be prefumed the Blood was
Dunkennels, Is an Offence for which a Man cooled; and then they meet and fight a Duel, and
may be puniſhed in the Ecclefiaftical Court; as one kill the other, it is Murder. 3 Inft. 51. H. P. C.
And whenever it appears that he
well as by Justices of Peace by Statute: And by 48. Keyl. 56. And whenever it
4 Fac. I. c. 5. And 21 Fac. 1. c. 7. If any Perfon who kills another in a Duel or Fighting on a fud-
mhall be convicted of Drunkenness by the View of a den Quarrel, was Mafter of his Temper at the
Juftice, Oath of one Witness, &c. he fhall forfeit Time, he is guilty of Murder; as if after the
five Shillings for the firft Offence, to be levied by Quarrel he fall into another Difcourfe, and talk
Diftrefs and Sale of his Goods; and for want of a calmly thereon; or alledge that the Place where
Diſtreſs ſhall fit in the Stocks fix Hours: And for the Quarrel happens is not convenient for Fighting;
the fecond Offence, he is to be bound with two Sure or that his Shoes are too high, if he ſhould fight at
ties in ten Pounds each, to be of the good Beha-prefent, &c. Kel. 56. t Lev. 180. If one challenge
viour, or be committed. And he who is guilty of another, who refutes to meet him, but tells him
any Crime through his own voluntary Drunkenness, that he fhall go the next Day to fuch a Place a-
ſhall be punished for it as if he had been fober. Co. bout Bufinefs, and then the Challenger meets him
It has been held, that on the Road, and affaults the other; if the other
Lit. 247. 1 Hawk. P. C. 2.
Drunkenneſs is a fufficient Caufe to remove a Magi- in this Cafe kill him, it will be only Manſlaughter;
Itrate: And the Proſecution for this Offence, by the for here is no Acceptance of the Challenge, or A-
Statute of 4 Fac. I. was to be, and ftill may be be-greement to fight: And if the Perfon challenged re-
fore Justices of Peace in their Seffions, by way of
IndiЯment, &c.
An Indictment againſt a common Drunkard.
T
HE Jurors, &c. That A. B. late of, &c. on
the Day, &c. in the Year of the Reign, &c. and
I
|
fufeth to meet the Challenger, but tells him that he
wears a Sword, and is always ready to defend him-
felf; if then the Challenger attack him, and is killed
by the other, it is neither Murder nor Manflaughter,
if neceffary in his own Defence. Kel. 56. It is a
very high Offence to challenge another, either by
Word or Letter, to fight a Duel; or to be the Mer-
fenger of fuch a Challenge; or even barely to en.
deavour.
•
DU
DU
7
deavour to provoke another to fend a Challenge, or
to fight, as, by difperfing Letters for that Purpofe,
full of Reflection, c. I Sid. 186. 3 Inft. 158. And
Perfons, convicted of barcly fending a Challenge,
have been adjudged to pay a Fine of rool to be
imprisoned for a Month, and make a publick Ac-
knowledgment of their Offence, and to be bound to
their good Behaviour. 1 Hawk. P. C. 135, 138.
· Duke, (Lat. Dux, Fr. Duc, à Ducendo) Signified a-
mong the ancient Romans, Ductorem exercitus, fuch
as led their Armies; fince which they were called
Duces, and were Governors of Provinces, &c. In
fome Nations, the Sovereigns of the Country are
called by this Name; as the Duke of Savoy, c. In
England, the Title of Duke is the next Dignity to
the Prince of Wales: And the firft Duke we had in
England was Edward the Black Prince, fo fam d in our
English Hiftories for Heroick Actions; who was cre-
ated Duke of Cornwall in the 11th Year of King Edw.
3. After which, there were more made in fuch
Manner as their Titles defcended to their Pofterity;
and during the late Reigns their Number hath been
greatly increaſed. They are created with Solem-
nity, per Cincturam Gladii, Cappaque E Circuli aurei
in Capite impofitionem. Camd. Brit. p. 166.
2
•
·
+
12
to
Durels, (Duritia) Is where one is wrongfully im
prifoned or reftrained of his Liberty contrary to
Law, till he feals a Bond or other Dead to another
or threathed to be killed, wounded, or beaten if he
doth not do it: And a Bond or Deed to obtained is
void in Law. Broke, in his Abrigment, joins Du
refs and Minas together, ie. Hardship and Threat
nings: If one under a juft Fear of being imprisoned,
killed, &c. enters into a Bond to him that threatens
him, it is Duress per Minas; and may be pleaded-tẻ
avoid the Bond: But it mult be a Threathing of
Life or Member, or of Imprifonment; and nor of a
Battery only or to take away Goods, c. 1 Inst
162, 253. 2 Inft. 483. But it has been adjudged,
that if a Man makes a Deed by Duress done to him
by Taking of his Cattle, though there be no Duress
to his Perfon, yet this fhall avoid the Deed. 2 Dano
Abr. 686. If a Perfon threaten another to make a
Deed to a third Perfon, it is by Durėſs, and void;
as if fuch third Perfon had made the Threatning.
2 Inft. 482. 3 Inst. 92. 4 Inft. 97. And where a Man
is imprifoned until he makes a Bond at another
Place; if afterwards he doth it when at large, the
Bond is by Durefs, and void: But if a Perfon be ar-
refted upon an Action at the Suit of another, and
the Caufe of Action is not good, if he make a Bond
to a Stranger, it is not Darefs; though if he make
it to the Plaintiff, it is, and being fued upon the
Bond, he may plead it was made by Dureſs, and ſo
avoid it: Alfo the Party fhall have an Action for
the falfe Impriſonment itſelf. 1 Rep. 119: Perk. Sect.
16. Crompt, Fur. 296. 1 Lill. Abr. 494. If one im-
prifoned make an Obligation by Durefs, and after he
is at large takes a Defeafance upon it; this will
eftop him to fay it was made per Duress. And where
A. and B. by Durefs to B. Seal á Bond or Deed, it
may be good for A. that was never threathed. 3 H
6. 16. Bro. 17. Mich. 7 Fac. 1. If a Man be law-
fully in Prifon, and makes an Obligation against his
Agreement and Will, he may avoid it by Duress
Though it is otherwife if he do it of his good Will
43 E. 3. 10. 2 Dand. 686. A Man fhall not avoid a
Deed by Duress to a Stranger: For it hath been
held that none ſhall avoid his own Bond for the Im
prifonment or Danger of any other than of himſelf
only. Cro. Fac. 187. And yet a Son fhall avoid his
Deed by Duress to the Father: And the Husband
fhall avoid a Deed made by Duress to the Wife
though a Servant fhall not avoid a Deed made by
Duress to his Master, or the Mafter the Deed fealed by
Drefs of his Servant. 2 Dañv. 686. If a Man is taken
by Virtue of a Procefs iffuing out of a Court that
hath not Power to grant it; or in Cuftody on a falfe
Charge of Felony, &c. and for this Enlargement
and Diſcharge gives Bond, &c. this may be avoided,
as taken by Durefs. Cro. El. 646. 4 Inft. 97. Allen 92.
A Statute-Merchant may be avoided by Audita Que-
Danum and Duna, A Down or Hill: And Dun-rela, becauſe it was made by Duress or Imprisonment.
narium is uſed in the fame Senſe. Chart. dat. 29 Ed. A Will fhall be avoided by Durefs or Menace of
Penes Decan. & Cap. Eccl. Cath. Chrifti Oxon. Imprisonment. A Feoffment made by Durefs is void-
Duodena, A Jury of twelve Men. Tunc Fu-able; but not void. But no Averment fhall be taq
fticiar. convocata feorfim alia Duodena. Walfing. 256.
Duodena manu. Twelve Witneffes to purge a
Criminal of an Offence. See Furare duodecima
Dum fuit infra ætatem, Is where an Infant ma-
keth a Feoffment of his Lands; when he cometh of
full Age, he may have this Writ to recover thofe
Lands or Tenements which were ſo aliened: And
within Age, he may enter into the Land and take
it back again, and by his Entry he shall be remitted
to his Ancestor's Right. New. Nat. Br. 426. If the
Husband and Wife alien the Wife's Land, during
the Nonage of both of them, the Wife at her full
Age after the Death of the Husband, fhall have a
Writ of Dum fuit infra ætatem. M. 14 F. 3. By
this Writ to the Sheriff, he thall command A. that
he render to B. who is of full Age, two Meffiages
and Lands, &c. which B. demifed to him, while he
was within Age, as he faith; or into which the faid
A. hath not entered, but by C. to whom the faid B.
thoſe demiſed; and unlefs, &c. F. N. B. 477.
Dum non fuit Compos Mentis, Is a Writ that
lies where a Man who is not of found Memory a
liens any Lands or Tenements, then he fhall have
this Writ against the Alienee. And he fhall alledge
that he was not of Sane Memorie, but being vifited
with Infirmity, loft his Difcretion for a Time, fo
as not to be capable of making a Grant, &c. New
Nat. Br. 449. But fee Difability.
Dun, Down, In which Termination it hath varied
into Don, fignifies a Mountain or high open Place;
fo that the Names of thofe Towns which end in Dun
or Don, as Aſhdon, &c. were either built on Hills, or
near them in open Places. Domesday.
Dunſetts, Thofe who dwell on Hills or Moun-
tains.
3.
manu.
Duplex Querela, A Process Ecclefiaftical; Don-
ble Quarrel.
Duplicate, Is ufed, for fecond Letters Patent,
granted by the Lord Chancellor, in a Cafe wherein
he had before done the fame; which were therefore
thought void. Cromp. Jurifd. fol. 215. But it is more
commonly a Copy or Tranfcript of any Deed or
Writing, Account, &c. or a fecond Letter, written
and fent to the fame Party and Purpofe as a former,
for Fear of Miscarriage of the First, or for other
Reaſons This Word is mentioned in the Stat.
Car. 2. c. 10.
༥
ken againſt a Deed inrolled that it was made by
Durefs. 1 Rol. Abr. 861, 2 Dano. 685. A Marriage.
had by Duress is voidable: And by Statute, Obliga
tions, Statutes, &c. obtained of Women by Force,
to marry the Perfons to whom made, or otherwife,
unleſs for a juft Debt, are declared void. 31 H. 6.
c. 9. If a Perfon executes a Deed by Duress, he
cannot plead Non eft factum, because it is his Deed;
though he may avoid it by fpecial Pleading, and
Judgment Si actio, &c. 5 Rep. 119. Records may
not regularly be faid to be made by Durefs, and
therefore fhall not be avoided by this Plea or Pre-
tence. 2 Shep. Abr. 319.
Durham. The Biſhoprick of Durham was diffol
14ved, and the King to have all the Lands, c. by
Stat. 7 Edw. 6. But this A&t was afterwards re-
pealed, and the Bishoprick new erected, wich all
Jurifdiction
Durden, A Thicket of Wood in a Valley. Cowel.
:
:
D
DY
EA
:
*
Jurifdiction Ecclefiaftical and Temporal annexed | fions to appoint them': Oppofing the Searchers, in-
to the County Palatine. The Juftices of the Coun- curs 10 1. Penalty, by Stat. 13 Geo. I. cap. 24.
ty Palatine of Durham may levy Fines of Lands in Dyke-reebe, An Officer that hath the Care and
the County: And Writs upon Proclamations, &c. Overlight of the Dykes and Drains in Fenny Coun
are to be directed to the Bishop. 5 Eliz. c. 27. 31tries; as of Dieping Fens, &c. mentioned in the Stat.
Eliz. c. 2. Alfo Writs to elect Members of Parlia 16 17 Car. 2. c. 11.
ment in the County Palatine of Durham fhall, go to
the Bishop or his Chancellor, and be returned by
the Sheriff, &c. Stat. 25 Car. 2. c. 9..
Duilley, Signifies Blows without Wounding or
Bloodshed, vulgo Dry Blows Blount.
*
Dully Fatts, Dufty Foots; Pedlers or Traders
who have no fettled Habitation, and they have their
Name from their Feet being cover'd with Duft, by
their continual Travelling. See Piepowder Court.
مطر
Dyage or Ditge, A mournful Song over the
Dead; from the Teutonick Dyrke Laudare, to praiſe
and extol, whence it is a laudatory Song. Corvel.
Dytenum, A Ditty or Songi Venive cum toto
ac pleno Dyteno, to fing Harvest home. Paroch. An-
tig. 320.
E.
halus, (from the Sax. Eale, Cervifia, & Hus,
Domus) An Ale-houſe: In the Law of King
Eathorda, The Privilege of Affifing and Selling
Ale and Beer: It is mentioned in a Charter of King
Hen. 2. to the Abbot of Glaftonbury.
Calderman, Among the Saxons was as much as
Elder, Senator, &c. Ealdermen or Aldermen, are now
thofe that are affociated to the Mayor or Chief Of-
ficer in the Common Council of a City or Borough
Town. Stat. 24 H. 8. c. 13. See Alderman.
Dutchy Court of Lancaster, Is a Court of the
Dutchy Chamber of Lancaster held at Westminster be-
fore the Chancellor, for Matters concerning the
Lands and Franchiſes of the Dutchy: And the Pro-Alfred we often find this Word.
ceedings in this Court are by English Bill, as in
Chancery. 4 Int. 204. The Original of it was in
Henry the Fourth's Days, who obtaining the Crown
of England by depofing Richard II. and having the
Dutchy of Lancaster by Difcent, in Right of his Mo-Earl with the Danes. Camd. Brit. 107. Alfo an
ther, was feifed thereof as King, and not as Duke
But at length by Authority of Parliament he paffed
a Charter, whereby the Poffeffions, Liberties, &c.
of the faid Dutchy were fevered from the Crown,
and fo left to Pofterity. Of this Court Gwin (in his Earl, (Sax. Eorle, Lat. Comes) This 'tis faid was
Preface to his Readings) fays thus: The Court of a great Title among the Saxons, and is the moſt an-
the Dutchy of Lancaster grew out of the Grant of cient of the English Peerage, there being no Title of
King Edward III. who gave that Dutchy to his Son Honour ufed by our prefent Nobility that was like-
John of Gaunt, and endowed it with Royal Rights wife in Ufe by the Saxons, except this of Earl;
and Privileges; and for as much as it was after-which was usually applied to the Firft in the Royal
wards extinct in the Perfon of King Henry IV. by Rea-Line. Verftegan deriveth this Word from the Dutch
fon of the Union thereof with the Crown, the fame Ear, i. e. Honour, and Ethel, which fignifies Noble:
King (fufpe&ting himself to be more rightfully But whencefoever it is derived, the Title Earl was
Duke of Lancaster, than King of England) determined at length given to thofe who were Affociates to the
to fave his Right in the Dutchy, whatever fhould
befal the Kingdom; and therefore he feparated the
Dutchy from the Crown and fettled it in the natural
Perfons of himself and his Heirs, as if he had been
no King: In which Eftate it continued during the
Reigns of Hen. 5. and. Hen. 6. But when Edw. 4.
recovered the Crown, and recontinued the Right of
the House of York, he appropriated that Dutchy to the
Crown again, yet fo that he fuffered the Court and
Officers to remain as he found them; and in this
Manner it came together with the Crown to Hen. 7.
who approving the Policy of Hen. 4. and by whofe
Right he obtained the Kingdom, made a like Se
paration of the Dutchy, and fo left it. It is now
only a fuperior County Palatine. Vide Lancaster.
Officers of this Court, fée Chancellor of the Dutchy of
Lancafter.
But about the
King in his Councils and Martial Actions; and the
Method of Inveftiture into that Dignity was Per
Cincturam Gladii Comitatus, without any formal
Charter of Creation. Dugdale's Warwickh. 302. Wil
liam the Firft, called the Conqueror, gave this Dig-
nity in Fee to his Nobles, annexing it to this or that
County or Province; and allotting them for the
Maintenance of it a certain Portion of Money ari-
fing from the Prince's Profits, for the Pleadings
and Forfeitures of the Provinces. Camd. And for-
merly one Earl had divers Shires under his Govern-
ment, and had Lieutenants under him in every
Shire, fuch as are now Sheriffs; as appears by di
vers of our old Statutes. Cowel.
Reign of King John and ever fince, our Kings have
made Earls of Counties, &c. by Charter; and gi
ving them no Authority over the County, nor any
Part of the Profits arifing out of it; only fometimes
they have had an annual Fee out of the Exchequer,
&c. An Earl, Comes, was heretofore correlative with
Comitatus; and antiently there was no Earl, but
had a Shire or County for his Earldom; but of late
Times the Number of Earls very much increafing,
Dyers. By an ancient Statute Dyers fhall dye feveral of them have chofen for their Titles fome
both the Cloth and the Lift, of one and the fame eminent Part of a County, confiderable Town,
Colour, or forfeit it. 1 R. 3. c.4. No Dyer may dye Village, or their own Seats, &c. Then, befides
any Cloth with Orchel; or with Brazil, to make a thefe local Earls; there are fome perfonal and ho-
falfe Colour in Cloth, Wool, c. in Pain of 20 s. norary; as Earl Marshal of England; and others no-
Stat. 3 4 E. 6. c. 2. Dyers are to fix a Scal of minal, who derive their Titles from the Names of
Lead to Cloths, with the Letter M, to fhew that their Families. Lex Conftitutionis, pag. 78. Their
they are well mathered, &c. or forfeit 3 s. 4 d. and Place is next to a Marquefs, and before a Viſcount :
not to ufe Logwood in Dying, on Pain of forfeiting And as in very ancient Times, thofe who were cre-
20 1. Stat. 23 Eliz. c. 9. And Penalties are inflicted ated Counts or Earls, were of the Blood Royal; our
on Dyers, who dye any Cloths deceitfully, and not British Monarchs to this Day call them in all pub-
being dyed throughout with Woad, Indico and Ma- lick Writings, Our moft dear Coufin: They alſo o-
ther; alfo Marks fhall be put to the Cloths dyed,riginally did, and ſtill may uſe the Style of Nos.
c. Dyers in London are ſubje&t to the Inspection of See Countee.
Duty. Any thing that is known to be duc by
Law, and thereby recoverable, is a Duty before it is
recovered; because the Party intereſted in the fame
hath a Power to recover it. 1 Lill. 495.
Dwined, Signifies any Thing confumed; from
whence comes the Word Dwindle.
the Dyers Company, who may appoint Searchers ; Eafement, Aifiamentum, (from the Fr. Aife, i. e.
and out of their Limits, Juftices of Peace in Sef Commoditas) Is defined to be a Service or Coove-
nience,
I
1
E B
E G
nience, which one Neighbour hath of another, by called Tabula; whereupon the Perfons there entered
Charter or Preſcription, without Profit, as a Way were filed Intabulati: This is manifefted in the Stae
through his Land, a Sink, or fuch like. Kitch. 105.tures of the Cathedral Church of St. Paul's, digefted
A Person may preferibe to an Eafement in the Frec- by Dr. Ralph Baldock, Dean of St. Paul's, Anno 1295,
hold of another, as belonging to fome ancient MS. penes Joh. Epifc. Norw.
1
Eberemurder, (Apertum Murdrum) Was one of
thofe Crimes, which by King Henry the Firft's Laws,
cap. 13. Emendari non poffunt; hoc ex fcelerum genere
fuit nullo pretio expiabilium, &c. Spelm.
Houfe, or to Land, &c. And a Way over the Land Eberemouth, or beremos, (Sax.) Bare, or down-
of another; a Gate-way, Water-courfe, or Wafh-right Murder. Leg. H. 1. c. 12.
ing-place in another's Ground. may be claimed by
Prefcription as Eufements: But a Multitude of Perfons
cannot preferibe; though for an Easement they may
plead Cuftom. Cro. Fac. 170. 3 Leon. 254. 3 Mod.
294. To alledge an Eafement by Confuevit only is
the best Way And Things of Neceffity fhall not
be extinguished by Unity of Poffeffion; but a Way
of Eafe may be thus extinguifhed. 1 Lill. Abr. 496
Sce Prefcription.
Eater, Was the Name of a Goddess which the
Saxons worshipped in the Month of April, and fo
called, because he was the Goddess of the East.
Blount. But in our Church it is the Feast of the
Paſſover, in Commemoration of the Sufferings of
our Saviour Christ.
•
Ecclefia, (Lat.) Is commonly uſed for that Place
where God is ferved, which is called a Churchi
But in Law Proceedings, according to Fitzherbert, this
Word intends a Parfonage; for fo he expreffes it in
a Queftion, whether a Benefice was Ecclefia, five
Capella, c. F. N. B. 2. 2 Inft. 363.
Ecclefiæ Sculptura. The Image or Sculpture of
a Church in ancient Times, which was often cut out
or caft in Plate or other Metal, and preferved as a
religious Treafure or Relique; and to perpetuate
the Memory of fome famous Churches. Mon. Ang.
tom. 3. p 309.
Ecclefiaftical, Denotes fomething belonging to,
or fet apart for the Church; as diftinguished from
Civil or Secular, which regard the World.
Ecclefiaftical Perfons or Ecclefiafticks, (E. cle-
fiaftii) Are Church-men, Perfons whofe Functions
confift in performing the Service, and keeping up
the Difcipline of the Church. See Clergy.
Ecclefiaftical Jurisdi&ion. The Doctors of the
Civil Law, although they be Laymen, &c. may ex-
ercife Ecclefiaftical Furifdiction, by Stat. 37 H. S. c.
17.
Ecclefiaftical Laws, Sec Canon, and Courts Eccle-
fiaftical.
Sci-
Edía, Aid or Help: Thus Du Frefne interprets it;
but Cowel fays it fignifies Eaſe.
Edit, (Edictum) An Ordinance or Command; a
Statute. Lat. Law Dict.
Eel-fares, Are a Fry or Brood of Eels. Stat. 25
H. S.
Effocialiter, Is ufed for military Force. TB
ita Efforcialiter venis cum Equis & Armis. Mat.
Parif. Anno 1213.
Eaftintus, (Sax. Eaft-Tyne) Is an cafterly Coaft
or Country; alfo the Eaft-Street, East Side of a Ri
ver, &c.
Si fit Eftintus, & fi jit Northtintus
amendet
Leg. K. Edw. I,
Eat-India Company of Merchants and their
Privileges, began in the Reign of Queen Elizabeth,
when they obtained divers Grants and Charters to
carry on their Trade. 20 Eliz. c. 9. And for raifing
a Suin not exceeding two Millions, and fettling the
Eaft-India Trade, 160,000 l. per Ann. arifing by the
Duties on Salt, ftamp'd Vellum, &c. was made a
Fund for Payment of Annuities of 8 per Cent. to
Subfcribers, who were incorporated by Letters Pa
tent: The Company to have the fole Trade to the
East-Indies; and others trading thither without Edeftia, From Edes, ufed for Buildings.
Licence, fhall forfeit their Ships and Goods, and ant quod Ego Adam de M. concefi Johanni de B. pro
double Value: Members of this Company are to fervitio fuo totam terram cum Edeftiis, & omnibus per-
Trade only in their Joint-Stock; and the Company tin' &c. Ex Regift. Priorat. de Wormley.
not to owe more than their Capital Stock undivided,
which is liable for Debt. And an addi ional Duty
of 5 1. per Cent. is laid on Eaft-India Goods, for the
Company to maintain Forts, &c. Stat. 9 & 10 W. 3.
c. 44. The two East-India Companies are United
by Statute; they fhall advance and pay into the
Exchequer One million two hundred thousand
Pounds, and may borrow 1,500,000 1. more than
they could before this Act. 6 Ann. c. 17. This
Company may enter Goods and Merchandize im- Effrañozes, (Ĺat.) Breakers, applied to Burglars,
ported by Bills at Sight, and give Security for Pay- that Break open Houfes to fteal. Qui furendi
ment of the Cuftoms under their common Seal. Stat. caufa Domos effringunt, &c. MS.
10 Ann. c. 9. Eaft India Goods and Merchandize Efters, (Sax.) Ways, Walks or Hedges. Blount.
are not to be imported in Ireland or the Plantations, Effufio Sanguinis, The Mult, Fine, or Penal-
but from Great Britain only, on Pain of forfeiting ty impofed by the old English Laws for the Shed-
the fame. And illegal Traders to pay Cuftoms to ding of Blood; which the King granted to many
the King, and 30 1. per Cent. Damages to the Com-Lords of Manors: And this Privilege, among others,
pany, on a Bill exhibited by the Attorney General; was granted to the Abbot of Glastonbury. Cartular.
Perfons abroad trading, may be feifed and brought Abbat. Glafton. MS. fol. S7.
into England, &c. by Stat. 5 & 7 Geo. I. c. 21. Sub- Egyptians, (Egyptiani) Commonly called Gypfies,
jects of England ſhall not fubfcribe to any foreign are by our Laws and Statutes a counterfeit Kind
Company of Trade to the Eaft-Indies, under the Pe- of Rogues, who difguifing themfelves in ftrange
nalty of forfeiting their Shares of Stocks, c. 9 G. Habits, fearing their Faces and Bodies, and fra-
1. c. 26. The Intereft at 81 per Cent. paid by the ming to themſelves a Canting unknown Language,
Government, is funk to 6 and 5, by fubfequent wander up and down; and under Pretence of tel-
Acts: And a late Statute was made for reducing ling Fortunes, curing Difcafes, and fuch like, abuſe
the Fund of this Company; and continuing the the ignorant common People, by Stealing and Pil-
Corporation, &c. But on repaying the whole Ca-fering from them every Thing that is not to heavy
pital Stock, after fo many Years, the exclufive for their Carriage, and which they may go off with
Trade to ccafe. 3 Geo. 2. c. 14. See Merchant. undiſcovered. There are feveral Statutes for fup-
Ebdomadaríus, An Ebdomary or Officer appointed preffing thofe Impofters; as by Stat. 22 H. S. c. 10.
Weekly in Cathedral Churches, to fupervife the re-Egyptians coming into England, are to depart the
gular Performance of Divine Service, and prc- Realm in fifteen Days, or be imprifoned. And by
fcribe the particular Duties of each Perfon attend-12 P. & M. If any Perfon fhall import any Egyp
ing in the Choir, as to Reading, Singing, Praying, tians into this Kingdom, he fhall forfeit 401. And if
To which Purpoſe the Ebdomary at the Begin- the Egyptians remain in England above a Month,
ning of his Weck drew in Form a Bill or Writing of they fhall be guilty of Felony. Allo conforting with
the refpective Perfons and their feveral Offices, Egyptians is made Felony by 5 Elix. c. 20.
Cia,
Τι ε
C
$
1
E J
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:
4
Eia, (from the Saxon Eig) fignifies an Iſland.
Mat. Parif. Anno S33. See Ey.
Ejecta, A Woman ravifhed or deflowr`d; or caft
forth from the Virtuous: Ejectus, a Whoremonger.
Blount.
|
Common, Pifcary, &c. Cro. Fa. 150. For Under-
wood it lies, though a Precipe doth not. 2 Roll. Rep.
482, 483. But for uno Clauſo, or una pecia Terra, &c.
without Certainty of the Acres, and their Nature,
it doth not lie. 11 Rep. 55. 4 Mod. 1. It lieth of a
Ejectione Cultodiæ, (Ejectment de Garde) Is a Clofe, containing three Acres of Pafture, &c. Alfo
Writ which lieth againſt him that cafteth out the of fo many Acres of Land covered with Water;
Guardian from any Land during the Minority of the though not de Aque curfu. 2 Cro. 435- 1 Brownl.
Heir. Reg. Orig. 162. F. N. B. 139. There are two 242. The Method of Proceeding in Fjectment, is
other Writs not unlike this; the one termed Ravish-made more eafy than formerly; when a Leafe was
ment de Gard, and the other Droit de Gard.
to be fealed and delivered on the Premiffes to the
was any Perfon that came upon any Part of the
Land, c. mentioned in the Leafe of Ejectment,
though he were there without any Intent to diſturb
the Leffee of the Poffeffion, after the Sealing of
Athe Ejectment Leafe; and fuch Ejector was a good
Ejector against whom an Action of Ejectione firme
might be brought to try the Title of the Land in
Queftion: But now the Law is altered, for there is
no Occafion for a Leafe to be made and fealed up
on the Premiffes to the Leffee, who hath a Mind to
try the Title, and to leave the Leffee in Poffeffion
to be oufted and ejected by the Tenants in Poffeffion,
&c. As the Plaintiff could not proceed to recover
his Lands against the cafual Ejector, without deli-
-
Ejectione firme, or Ejectment, Is a Writ or Ac-Leffee, &e. In ancient Times, the Ejector in Law
tion that lies for the Leffee for Years, who is ejected
before the Expiration of his Term, either by the
Leffor, or a Stranger: Alfo Ejectment may be brought
by a Leffor against the Leffee, for Rent in Arrear,
or holding over his Term, Reg. Orig 227.
&c.
Copyholder may not bring Action of Ejectment; but
the Leffce of a Copyholder for one or more Years,
may bring it. 4 Rep. 26. And the Executors of a
Leffee, fhall have this Writ. Lib. Intr. 195. In theſe
Cafes, Ejectment is either an actual Ejectment, as
When the Leffce is actually put out of Land let
unto him; or it is an Ejectment by Implication of
Law, viz. where fuch an A&t is done by one which
doth amount to an Ejectment, although he doth not
really enter upon the Land let, and ouft the Leffee.vering to the Tenant in Poffeffion a Declaration,
1 Lill. Abr. 496. But Ejectment is now become an and making him a proper Defendant, if he thought
Action in the Place of many Real Actions, as Writs fit: After this, the Lord Ch. Ju. Rolls invented the
of Right, Formedons, &c. which are very difficult as Rule now in ufe; which is, that if the Defendant
well as tedious and chargeable: And this is the com- comes in the Room of fuch Ejector, he fhould en-
mon Action for trying of Titles, and recovering of ter into a Rule to confefs Leafc, Entry, and actual
Lands, c. illegally kept from the right Owner; Oufter, and infift on the Title only. See Attorn
tho' where Entry is taken away by Difcents, Fines Compan. 170, 173. The ufual Courfe at this Time is
and Recoveries, Diffeifins, &c. Ejectment may not to draw a Declaration, and therein feign a Leafc
be brought; fo that all Titles cannot be tried by for three, five, or feven Years, to him that would
this Action. Wood's Inft. 547, 548. Antiently Writs of try the Title, and alfo feign a cafual Ejector or De-
Entry and Affife were the ufual Means of Recovery fendant in the Declaration, and then deliver the
of the Poffeffion of Lands, and lay only againit Declaration to the Ejector, who ferves the fame by
Freeholders; but Anno 14 H. 7. it was refolved, that delivering a Copy thereof on the Tenant in Pol
an Habere facias Poffeffionem would lie to recover feffion, or his Wife, (for a Delivery to a Son or
the Term in Fjectment, and the Land itself. Attorn. Servant, &c. is not good) and gives Notice in Viri-
Compan. 170. The Action of Ejectione firme was ne-ting at the Bottom for him to appear and defend his
ver known to remove a Poffeffion till the Reign of Title; which must be read to the Tenant, and the
King Hen. S. before which Time an Action of Tref Perfon ferving it, is to tell him, that if he do not
paſs Quare claufum fregit, &c. was made ufe of: Tho' procure fome Attorney to appear for him and de-
in Action of Treipals, Damages were only to be fend his Title, in Default thereof, that he, (the
recovered; whereas in Ejectione firme, the Thing or Defendant) will fuffer a Judgment to be had againft
Term itself is recovered, as well as Damages. 3him, whereby he (the Tenant) will be turned our
Leon. 49. Ejectment ought to be brought for a Thing of Poffeffion: The Declaration being thus ferved,
that is certain; and if it be of a Manor, Manerium the Tenant is to appear the Beginning of the next
de A. cum Pertenentiis; if of a Rectory, Rectoriam de Term by his Attorney, and confent to a Rule to be
B. &c. And fo many Meffuages, Cottages, Acres made Defendant inftead of the cafual Eject.r, and
of arable Land, Meadow, c. cum pertin. in Paroch. take upon him the Defence; wherein he may con-
&c. For Land must be diftinguifhed, how much of fefs a Leafe, Entry, and Oufter, and at the Trial
one Sort, and how much of another, &c. Cro. El. ftand upon the Title only: But if the Tenant in
339. 3 Leon. 13. Ejectment lies of a Church, as De Poffeffion doth not appear and enter into the afore-
uno Domo vocat. The Parish Church of, &c. And a mentioned Rule in Time, after the Declaration
Church is a Meffuage, by which Name it may be ferved; then on Affidavit made of the Service of
recovered; and the Declaration is to be ferved on the Declaration, with Notice to appear as aforesaid,
the Parfon who officiates Divine Service, 11 Rep. 25. the Court will order that Judgment be entered a-
1 Salk. 256. It lies not of Tithes only; but may gainft the cafual Ejector by Default; and the Te-
be of a Rectory, Chapel, &c. and the Tithes there- nant in Poffeffion will, by an Habere facias Poſſeſſio
to belonging. 2 Danv. Abr. 752. And Ejement will nem upon fuch Judgment, be turned out of Poffef
lie of fo many Loads of Tithe Corn, levered from fion. 1 Lill. 499. If at the Trial the Defendant will
the nine Parts, or where certainly expreffed; tho' not appear and confefs Leafe, Entry and Oufter, it
it will not lie for Tithes generally. 1 Nelf. Abr. 688. is ufual to call him or his Attorney, and then call
It lies De uno Meuagio five Burgagio; but not De uno the Plaintiff and nonfuit him; and upon Return of
Meſſuagio five Tenemento, unless it have a Vocat. A. the Poftea, Judgment will be given against the cafu-
c. to make it good, becaufe of the Uncertainty al Ejector. I Salk. 250. But in this Cafe, though the
of the Word Tenement. 1 Sid. 295. It will lie of a Plaintiff be nonfuit, he fhall not pay any Cofts;
Meffuage and a Tenement: For a Moiety; or third for the Rule for confeffing Leafe, Entry, and Ou-
Part, of a Manor or Meffuage, &c. And for after is to be carried to the Secondary, who taxes
Chamber or Room of a Houfe well fet forth. 11 Colts upon it to be paid by the Defendant; and if
Rep. 55, 59. 3 Leon. 210.
59.3
It lieth de Domo, which the fame are not paid, the Court on Affidavit and
hath convenient Certainty for the Sheriff to deliver Motion will grant an Attachment againſt the De-
Poffeffion, &c. Cro. Fac. 654. It lies of a Cottage fendant; but this is where the Defendant appears,
or Curtilage; of a Coal-mine, &c. but not of al and not where it goes wholly against him by De-
fault.
·
5
EJ
EJ
2
fault. 1 Lill. 503, Sc4. If the Tenant doth appear, tion is fued out against him; if it appears by his
having by his Attorney filed common Bail, and Oath, that he was made Plaintiff without his Know-
entered into the Rule abovementioned, he is made ledge or Order, he fhall be difcharged. 34 Car. B. R.
Defendant in the Declaration, and put into the 5 Ann. 1 Lill. 5oo. In Ejectment, if the Plaintiff
500.
fame in the Place of the cafual Ejector; and then was ejected after the Leafe made, it is fufficient;
the Defendant's Attorney must plead Not Guilty; though no certain Day be alledged in which he was
And the Plaintiff's Attorney draws up the Iffue, a ejected, for the Day is not material, being before the
Copy whereof and of the Declaration is to be de- Action brought. Cro. Fac. 311. But the Time of
livered to the Attorney for the Defendant; where- Entry of the Plaintiff must be shown that it may
upon Notice is given of Trial: In order to which appear, he was not a Diffeifor, by Entring, on the
the Venire, &c. is to be made out and returned, and Lands before the Commencement of his Term, &c.
the Record made up by the Plaintiff's Attorney, be- If it appears that the Leffer of the Plaintiff had
ginning with the Declaration; which being fealed, not any Title at the Time of the Demife, upon
the Breviate is to be prepared, in which after a fhort which the Plaintiff declared, this will be fatal; And
Recital of the Declaration and Plea, the Plain the Court will not give Leave to alter the Declara-
tiff's Title is to be fet forth from the Perfon laft tion as to the Time of the Demile, which would
feifed in Fee of the Premiffes, under whom the make it a new Demife. Carth. 179. Where Lands
Leffor claims down to the Client, the Plaintiff pro- in the Leafe and Declaration, &c. are different, and
ving the Deeds, &c. And after Trial the Proceed- not exa&ly the fame, or the Term is different from
ings are as in other Cafes. And here it is to be ob- that in the Declaration, though the Plaintiff hath
ferved, that if the Declaration is delivered the first a Verdict, he cannot have Judgment. Telv. 166.
or fecond Day of Eafter or Michaelmas Terms, the Lutw. 963. The Declaration muft affign a Place
Tenant must plead the fame Term, or the Plaintiff where the Leafe was made: It is a good Plea in
will have Judgment; and this is by Reafon of the Abatement, that the Plaintiff hath another Ejectione
Length of thofe Terms. Practif. Solic. 328, 329. The firme depending in another Court for the fame
Plaintiff is not allowed to amend his Declaration Land; but as this Action is only as Trefpafs, the
in Fjectment after Delivery; he muft ftand by it, or Death of a Defendant when there are two, will
deliver a new Declaration. As many Demifes may not abate the Suit. One may in Ejectment as in
be laid in a Declaration, as fhall be thought fit; Trefpafs, juftify by Command of him who hath
and if the Plaintiff recovers upon one, it is fuffici- Title; and Accord with Satisfaction is a good Bar
ent for the Whole. 3 Lev. 117, 334. Where one in the Action. Moor, ca. 710,673. 1 And 283. 9 Rep.
brings Ejectment of Land in two Parishes, and the 78. If there be a Verdict and Judgment against
Whole lies in one, he fhall rocover: Alfo if a Per- the Plaintiff, he may bring another Action of Tref
fon brings Ejectment of one Acre in B. and Part of pafs and Ejectment for the Land, it being only to
it lies in A. he fhall recover for fuch Part as lies recover the Poffeffion, &c. wherein Judgment is
in B. And if one having Title to a Part only of not final; and it is not like a Writ of Right, S.
Lands, bringeth an Ejectment for the Whole, he shall where the Title alone is tried. Wood's Inft. 547. Trin.
recover his Part of the Lands. Plowd. 429. 3 Cro. 13. 23 Car. B. R. And an Ejectment being a mixed Ac-
A Plaintiff fhall recover only according to the tion, after a Judgment therein has lain ſome confide-
Right which he hath at the Time of bringing his rable Time, Execution may not be had upon it
Action: And one who hath Title to the Land in without a Scire fac, for the Tenant may be changed,
Question, inay on Motion be made a Defendant inc. But formerly it was held otherwife. Sid. 351.
the Action with the Tenant in Poffeffion, to defend Comberb. 250. No Arreſt is to be made in this Action,
his Title; and a Landlord may be made a Defen- as now ufually profecuted. But if there be no
dant by the Tenant, with the Confent of fuch Land-Tenant in Poffeffion; as where a Houfe or Land is
lord, &c. 1 Nelf. Abr. 694. 1 Lill. 497, &c. As the empty, and the Perfon that was laſt in Poffef
Poffeffion of the Land is primarily in Queſtion, and fion is run away, fo that you cannot find any Per-
to be recovered, that concerns the Tenant; and the fon to deliver the Declaration to, then the Proceſs
Title of the Land, which is tried collaterally, that must be in the old Way, by fealing a Leafe upon
is concerning fome other, who may be admitted to the Ground; and an Original is to be fucd out a-
be a Defendant with a Tenant: But none other is gainft the Perfon who ejected the Leffec, and then
to be admitted a Defendant, but he that hath been Oufter and Ejectment, &c. And herein Rules are to
in Poffeffion, or receives the Rents, &c. When be given to plead; though there cannot be Judg
there is a Recovery in Ejectment by Verdi&; Action ment against the cafual Ejector, without a Motion
of Trefpafs may be brought to recover the mefne for that Purpofe, after the Rules for Pleading are
Profits of the Lands, from the Time of the Defen- out. 1 Lill. 498. In Ejectment for empty Houfes, a
dant's Entry laid in the Declaration: And this Ac- Leafe was fealed on the Land, and a Declaration
tion may be brought either by the Plaintiff in E-delivered to the cafual Ejector, and Judgment and
jectment, or by the Leffor of the Plaintiff; though Execution had; yet becauſe the Plaintiff did not
where the Plaintiff brings it, he need only at the move for a peremptory Rule to plead, the Judg-
Trial to produce his Poftea of bis Recovery; but ment was fer afide: And in this Cafe there must be
where the Leffor brings it he must prove his Title an Affidavit of the Sealing the Leaſe and the Entry.
over again, if it be infitted on by the other Side, o-
I Salk. 255.
1 Nelf. Abr. In C. B. the common
therwife he will be nonfuired. 1 Lill. 499. The Rule is, that the Defendant fall forthwith ap-
Plaintiff in Ejectment is a mecr nominal Perfon, pear, and receive a Declaration, and therefore
and a Truſtee for the Leffor; and if he releaſe the this fuperfedes the Neceffity of an Original Writ;
A&tion, the Court may fet afide the Releafe, and and no Advantage can be taken for want thereof,
he fhall be committed for a Contempt; fo likewife unless it be in a Writ of Error; but when Error is
if he releaſe an A&ion brought in his Name for the brought, an Original muſt be filed; And as in the
mefoe Profits. 1 Salk. 260. Skinn. 247. It has been Common Pleas there needs no Original, ſo in the
held a great Abuſe, that nominal Leffees in Eject- King's Bench there need not be a Latitat; but the
ment were Perfons not in Being, or not known to Party is to file a Bill of Ejectment, befides the. Plea
the Defendant; and Attornies who have made fuch Roll, if a Writ of Error be brought before the
Leffees, have been ordered to pay Cofts, and put to Errors are affigned; and he must file Bail before
anfwer on Interrogatories, &c. Mod. Ca. 309. If a he can proceed, &c. In Ejectment, where there
Man is made Plaintiff in Ejecment without his are divers Defendants for the fame Premiffes, and
Knowledge, and the Defendant appearing the Plain-one appears, and confeffes Leafe, Entry, &c. and
tiff thereupon becomes nonfuit, after which Execu- the other does not, the Plaintiff cannot proceed a-
gainſt
EJ
E J
;
EORGE the Second, &c. To the Sheriff of S.
the
gainst the reft, but must be nonfuited. Thought
where Freeholds are ſeveral, no Defendant may de-
fend for more than is in his own Poffeffion; and the
Greeting: If A. B. Jhall make you fecure, &c.
Plaintiff may take Judgment against his Ejector for then put C. D. late of, &c. in your County, to find
what remains. 1 Vent. 355. 2 Keb. 531, 524. And Pledges and fufficient Sureties, that he be before our Fu-
if there are ſeveral Defendants in Ejectment, that ftices at Westminster, on the Day, &c. to answer to
arc feverally concerned in Intereft, to whom the the faid A. B. in a Plea, wherefore he with Force and
Plaintiff delivers Declarations; if he moves to join Arms into one Meffuage, twenty Acres of Land, ten A-
them all in one Declaration, the Court will not cres of Meadow, and fix Acres of Pafture, with the Ap-
agree to it, for feveral Declarations must be deli-purtenances, in, &c. in your County, which T. E. bath
vered to each of the Defendants; becaufe if any demifed to the faid A. for a Term not yet past, hath en-
are found Not guilty, each of them must have a tered, and him from his Farm aforesaid ejected, and o-
Remedy for his Cofts. 2 Keb. 524. In Lord Ray- other Wrongs to him done, to the great Damage, &c. And
mond's Reports, it is held if there are two Defend-against the Peace, &c.
ants in Ejectment, and one of them appears and
Confeffes Leafe, Entry, and Oufler, but the other
doth not appear; in that Cafe the Plaintiff may
enter a Non pros. or Retraxit against him, and go to
Form of a Declaration in Eje&ment in B. R.
៣.
B Complains of C.D. in Custody of
Trial and have Judgment against the other Defend. South'ton, ff. A. the Marbal, &c. For that cohereas
wards, that is to fay, the fame tenth Day of May in
the Year aforesaid, with Force and Arms, &c. entered into
the faid Tenements, with the Appurtenances, in and upon
the Pfeffion of the faid A. and him the faid A. from his
faid Farm, his faid Term therein not being yet expired,
ejected, expelled and removed; and the faid A. being fo
ejected, expelled and removed, the faid C. hitherto hath
with-held from him, and still doth with hold the Poffeffion
thereof, and other Injuries then and there did to him,
against the Peace of our faid Sovereign Lord the King,
and to the Damage of the faid A. Twenty Pounds; And
thereupon he brings his Suit, &c.
|
ant. 1 Ld. Raym. 717, 718. Alfo if an Ejectment
be brought against two Perfons, and after Iffue T. E. Gentleman, on the Tenth Day of May in the fixth
joined, one dies, and a Venire is awarded as to the Year of the Reign of our Sovereign Lord George the Se
two Defendants, and a Verdi& against two; here cond, by the Grace of God, King of Great Britain, &c.
upon Suggeſtion of the Death of one of them upon at the Parish cf, &c. in the Courty aforefaid, had de
the Roll, Judgment fhall be given for the Plaintiff mifed, granted, and to Farm let to the faid A. one Mef
against the other for the whole: For 'tis faid this fuage, ten Acres of Meadow, and fix Acres of Pasture,
Action is grounded upon Torts, which are feveral &c. with the Appurtenances, fituate, lying and being in,
in their Nature, and one may be found guilty and &c. in the County aforesaid; To have and to hold the
the other acquitted. Ibid. An Ejectment was brought faid Tenements, with the Appurtenances, to the faid A.
for Non-payment of Rent; and the Court was and his Affigns, from the Twenty-ninth Day of Septem-
moved to ftay Proceedings, upon Payment of the ber then laft paft, unto the full End and Term of five
Rent and Cofts, to be adjusted by a Secondary, Years from thence next enfuing, and fully to be compleat
which the Court granted: And also ordered a new and ended By Virtue of which faid Demife, be the faid
Leafe to be made af the Defendant's Charge. A. entered into the faid Tenements, with the Appurte
Mich. 8 W. 3. 1 Lill. 501. And by a late Statute,nances, and was thereof poſſeſſed, until the faid C. after
in all Cafes between Landlord and Tenant, when
half a Year's Rent fhall be in Arrear, the Land-
lord having lawful Right to re enter for Non pay
ment, may ferve a Declaration in Ejectment on
the Tenant, without a formal Demand or Re entry;
or he may affix fuch Declaration on the Door of the
demifed Meffuage, or notorious Place of the Lands,
which fhall be deemed a legal Service: And upon
Proof that half a Year's Renr was due before the
Declaration was ferved, and no fufficient Diftrefs
on the Premiffes, the Leffor fhall have Judgment
and Execution; which if the Leffee fuffer, with
our paying the Arrears and Cofts, and without fi
ling a Bill in Equity to be relieved within fix
Months, he fhall be barred from all Relief, other
than by Writ of Error; and the Leffor fhall hold
the Premiffes diſcharged from the Leafe: But if
the Tenant or Leffee tender to the Leffor, or
bring into Court the Rent in Arrear, together
with Cofts, all farther Proceedings fhall cease; and
if the Leffce be relieved in Equity, he hall enjoy
the demifed Premiffes, according to his Leafe,
without obtaining a new one. Stat. 4 Geo. 2. c. 28.
Tenants to whom Declarations in Ejectment are
generally delivered for any Lands, &c. fhall give
their Landlords, or their Bailiffs, Notice thereof,
under the Penalty of three Years Rack Rent, to
be recovered by Action of Debt, &c. And the
Court where fuch Ejectment fhall be brought, fhall
fuffer the Landlord to make himſelf Defendant,
by joining with the Tenant, unto whom the De-
claration is delivered, if he appears; but if not,
Judgment shall be figned against the cafual Ejector,
for want of fuch Apppearance: But if the Land-
lord fhall defire to appear by himſelf, and con
fent to enter into the like Rule that the Tenant, if
he had appeared, ought to have done; the Court
may permit him fo to do, and order a Stay of
Execution, till they make a further Order therein.
II Geo. 2. c. 19.
I
Notice to the Tenant in Poffeffion to appear, &c.
Mr. E. F.
Am informed that you are in Poſſeſſion of, or claim Ti-
tle to the Meffuage and Premies mentioned in this
Delaration of Eje&ment, or to fome Part thereof, And
I being fued in this Action as a caſual Ejector, and ba-
ving no Title to the fame, do adv fe you, (or give you No-
ti e) to appear on the first Day of next Hillary Term,
in his Majesty's Court of King's Bench at Weftmin-
fter, by fome Attorney of that Court, and then and
there, by a Rule to be made of the fame Court, to
cause yourself to be made Defendant in my Stead, and
make your Defence; otherwiſe I ſhall ſuffer a Fudg-
ment to be had against me, and you will be turned out
of Poffeffin.
Your Loving Friend,
!
& D.
:
Affidavit of Service of the Declaration and Notice.
In the King's
Between A. B. Plaintiff and
Bench.
C. D. Defendant.
T.
If an Original in Eje&tment is required, it is Tent, &co, lift pas, did deliver to E..
thus:
5
B. cf, &c. maketh Oath, That he this Depc-
laſt paſt,`
F.
Tenant in Poffeffion of the Menage and Premiffes in
Question,
E T
E L
0
&c.
Ejectum, Ejectus Maris, Quod è Mari ejicitur: Jet,
Jetfom, Wreck, &c. See Wreck.
Queſtion, a true Copy of the Declaration in Ejectment the whole amount to, &c. And be the faid E. amerced,
bereto annexed; at the Foot of which Declaration is a No-
ticé for the faid E. F. to appear on the first Day of the
then next, and now prefent Hillary Term, in this Court,
and defend his Title; otherwife Judgment would be en-
tered against him by Default: And this Deponent farther
faith, That he told the faid E. F. that if he did not ap-ftard eigne, and Mulier Puifne, are Words uſed in
pear, and defend his Title, the then next and now prefent our Law, for the Elder a Baftard, and the Younger
Hillary Term, he would be turned out of Poffeffion.
Sworn the Day, &c.
before me.
T. B.
The Common Rule by Confent in Ejectment.
Michaelmas Term in the Seventh Year of the Reign
of King George the Second.
I
Eigne, (Fr. Aifne) Eldeft or Firft-born; as Ba-
lawful born.
Einecía, (from the Fr. Aifne, i. e. Primogenitus)
Signifies Elderfhip. Statute of Ireland, 14 Hen. 3.
See Efnery.
Eire or Eyze, (Fr. Eire, viz. Iter, as a Grand
Eire, that is, Magnis Itineribus) Is the Court of Ju-
ftices Itinerant; and fuftices in Eyre are thofe whom
Bracton in many Places calls fufticiarios Itinerantes.
Theſe Juftices in antient Time, were fent with a
general Commiffion into divers Counties to hear
fuch Cauſes as were termed Pleas of the Crown: And
Tis ordered by the Court, with the Con this was done for the Eafe of the People, who must
elfe have been hurried to the King's if
Caufe were too high for the County-Court: Tis
faid they were fent but once in every ſeven Years.
Bract. lib. 3. c. 11. Horn's Mirror, lib. 2. The Eyre
of the Foreft is the Juftice-Seat; which by antient
Custom was held every Three Years by the Juftices
of the Foreft, Journeying up and down for that Pur-
pofe. Bract. lib. 3. tract. 2. c. 1 & 2.
Cromp. Jurifd. 156. Manw. par. I. pa. 121.
Brit. c. 2.
South'ton, ff.
fent of the Attornies for both Parties,
that E. F. be admitted Defendant instead of the now De-
fendant C. D. And that he forthwith appear at the Suit
of the Plaintiff, and put in common Bail, and receive a
Declaration in a Plea of Trefpafs and Eje&tment for the
Meffuage and Premiffes in Question, and plead thereunto
Not Guilty; and that upon the Trial of the Iffue, he con-
fefs Leafe, Entry, and actual Oufter, and infift upon the
Title only; otherwife Judgment shall be entered by the Election, (Electio) Is when a Man is left to his
Plaintiff against the now Defendant C. by Default: And own Free-will to take or do one Thing or another,
if upon the Trial of the ſaid Iſſue, the faid E. F. fhall not which he pleafes. And if it be given of ſeveral
confefs Leafe, Entry, and actual Oufter, by which the Things, he who is the first Agent, and ought to do
Plaintiff will not be able further to profeute bis Bill a the firft A&t, fhall have the Election: As if a Perfon
gainst the faid E. then no Cofts shall be awarded upon make a Leafe, rendring Rent, or a Garment, &c.
Jch Nonfuit; but the faid E. shall pay to the Plaintiff the Leffee fhall have the Election, as being the firft
the Cofts and Charges to be taxed thereupon. And it is Agent, by Payment of the one, or Delivery of the
further ordered, that if on the Trial of the faid Iffue, a other. Co. Lit. 144. And if A. covenant to pay B.
Verdict shall be given for the Defendant, or if it happen a Pound of Pepper or Sugar, before Eafter; it is
the Plaintiff Should not further profecute his faid Bill, for at the Election of A. at all Times before Eafter,
any other Caufe than for not confelling the faid Leafe, En-which of them he will pay: But if he
pays it not
try, and actual Ouster; that then the Plaintiff's Leffor, before the faid Feaft, then afterwards it is at the
Shall pay to the faid E. his Cofts and Charges, in that Election of B. to demand and have which he plea-
Cafe to be awarded to him.
feth. Dyer 18. 5 Rep. 59. 11 Rep. 51. If I give to
you one of my Horfes in my Stable, there you fhall
have the Election; for you fhall be the firft Agent,
by Taking or Seifure of one of them. Co. Lit. 145.
If Things granted are Annual, and to have Conti-
nuance, the Election (where the Law gives it him)
Form of a Plea and Iſſue in Ejectment.
remains to the Grantor, as well after the Day as
before: But 'tis otherwife when to be perform'd at
ND the faid E. F. (the new Defendant) by, &c. once. Ibid. When nothing paffes to the Feoffee or
his Attorney, comes and Defends the Force and In-Grantee before Election to have the one Thing or
jury, &c. and whatsoever, &c. when and where the the other, the Election ought to be made in the Life
Court will confider thereof, and faith, that he is in no wife of the Parties; and the Heir or Executor cannot
guilty of the Trespass and Ejectment aforesaid, fo as the make the Election: But where an Eftate or Intereſt
Said A. B. hath above against him complained; and of paffes immediately to the Feoffee, Donec, &c. there
this he puts himself upon the Country, and the faid A. Election may be made by them, or their Heirs or
doth likewife, &c. It is therefore commanded to the She- Executors. 2 Rep. 36, 37. And when one and the
riff, that he caufe to come before our Lord the King at fame Thing paffeth to the Donce or Grantee, and
Westminster, on the Day, &c. twelve honeft, &c. and fuch Donee or Grantee hath Election in what Man-
who neither, &c. to recognize and make a Fury, &c. bener he will take it, there the Intereft paffeth imme-
caufe as well the faid A. as the faid E. have thereof fub-diately, and the Party, his Heirs, &c. may make
mitted themselves to the Fury: The fame Day is given to
the faid Parties here, &c.
A
By the Court. SG. H. for the Plaintiff,
7. K. for the Defendant.
Election when they will. Co. Litt. 145 2 Dano. Abr.
761. Where the Election creates the Intereft, no-
thing paffes 'till Election; and if no Election can be
made no Intereft will arife. Hob. 174. If the E-
Judgment in Ejement for the Plaintiff after lection is given to feveral Perfons, there the first E-
T
Verdict.
Herefore it is conſidered, (adjudged) that the faid
A. do recover against the faid E his Term yet to
come of-and in the faid Tenements, with the Appurtenan
ces, and the Damages affeffed by the faid Fury in Form
aforefaid: And alfo eight Pounds and ten Shillings for
bis Expences and Cofts awarded to the faid A. with his
Affent, by the Court of the Lord the now King here, by
way of Increase; which faid Damages and Cofts, in
lection made by any of the Perfons ſhall ſtand: As if
a Man leafes two Acres to A. for Life, Remainder
of one Acre to B. and of the other Acre to C. Now
B. or C. may elect which of the Acres he will have,
and the first Election by one binds the other. Co. Litt.
145 2 Rep. 36. If a Man leafes two Acres for Life,
the Remainder of one in Fee to the fame Perfon;
and after licenfes the Leffee to cut Trees in one A-
cre, this is an Election that he ſhall have the Fee in
the other Acre. 2 Dano. 762. A Real Election con-
Uuu
cerning
E L
E L
O
1
cerning Lands is defcendible; and Election of a Sale be made of Lands, which is inrolled, and at
Tenant in Tail, may prejudice his Iffuc. He in the fame Time the Bargainor levies a Fine there.
Remainder may make an Election, after the Death of to the Bargainee, he hath his Election to take by
of Tenant for Life; but if the Tenant for Life do one or the other. 4 Rep. 72. A Wife bath her E-
make Election," the Remainder-Man is concluded. lection which to take, of a Jointure made after Mar-
Moor ca. 247, 832. A Perfon grants a Manor, ex-riage, or her Dower, on the Death of the Husband,
cept one Clofe called N. and there are two Clofes and not before. Dyer 358. When a Leffor hath E
called by that Name, one containing nine Acres, lection to charge the Leffee, or his Affignec, for
and the other but three Acres; the Grantee fhall Rent; if he accepts the Rent of the Affignee, he
not in this Cafe chufe which of the faid Clofes he hath determined his Election. 3 Rep. 24. If a Perſon
will have, but the Grantor fhall have Election which hath Elesion to pay or perform one of two Things
Clofe fhall pass. 1 Leon. 268. But if one grants anat a Day, and he do neither of them at that Day,
Acre of Land out of a Walte or Common, and doth his Election is gone: And where a Grant is made of
not ſay in what Part, or how to be bounded, the two Acres of Land, the one for Life, the other in
Grantee may make his Election where he will. Fee, or in Tail, and before any Election the Feoffee
1 Leon. 30. If a Man hath three Daughters, and makes a Feoffment of both; in this Cafe the Election
he covenants with another that he fhall have one of will be gone, and the Feoffor may enter upon which
them to difpofe of in Marriage; it is at the Cove- he will for the Forfeiture. 2 Rep. 37. If Money on
nantor's Election which of his Daughters the Cove- a Mortgage be to be paid to a Man, his Heirs, or
nantec ſhall have, and after Request fhe is to be de- Executors, the Mortgagor hath Election to pay it to
livered to him. Moor 72. 2 Danv. 762. Where there either: And if in a Feoffment, it be to pay it to the
are three Coparceners of Lands, upon Partition the Feoffee, his Heirs or Affigns, and he enfeoff an-
eldelt Sifter fall have Election: Though if the her-other, the Feoffor may pay the Money to the first,
felf make the Partition, the lofeth it, and fhall take or fecond Feoffee, &c. Co. Lit. 210.
In fome Cafes,
last of all. Co. Lit. 166. In Confideration that a Per- where one hath Caufe of Suit, he may fue one Per-
fon had fold another certain Goods, he promiſed to fon or another at his Election; for there is an Elec-
deliver him the Value in fuch Pipes of Wine as he tion of Perfons, as well as of Things. Dyer 204, 207.
ſhould chufe, the Plaintiff muft make his Election be A Man by Deed binds himself and his Heirs to pay
fore he brings his Action. Style 49. An Election Money, and dies; the Obligee may chufe to fue the
which of two Things fhall be done, ought not to be Heir, or the Executors, although both of them
made merely by bringing an Action; but before, have Affets. Poph. 151. One may have Election
that the Defendant may know which he is to do, when he hath recovered a Debt, to have his Exc-
and 'tis faid he is not bound to tender either before cution by Elegit, Fieri facias, or Cap. ad Satisfacien-
the Plaintiff hath made his Choice which will be ac- dum; but where he takes an Elegit, and hath no
cepted. 1 Med. 217. 1 Nelf. Abr. 697. A Condition Fruit of it, he may refort to another Writ, though
of a Bond is, that the Obligor fhall pay 30 or the Election be entered on Record. Hob. 57. Dyer 60,
twenty Kine, at the Obligee's Election, within fuch 369. There is no Election against the King in his
a Time; the Obligee at his Peril is to make his E Grants, c. 1 Leon 30. And an A&t becoming void,
lection within the Time limited. 1 Leon. 69. Though will determine an Election. Hob. 152.
in Debt upon Bond to pay 10l on fuch a Day,
or four Cows, at the then Election of the Ob-
ligee, it was adjudged, that it was not enough
for the Defendant to plead that he was always
ready, &c. if the Obligee had made his Elec
tion; for he ought to tender both at the Day, by
Reaſon the Word then relates to the Day of Pay
ment. Moor 246. 1 Nelf. 694, 695. If a Man hath
an Election to do one of two Things, and he cannot
by any Default of a Stranger, or of himself, or the
Obligce, or by the Act of God, do the one; he
muft at his Peril do the other. 1 Lill. Abr. 506.9 Ed 2. c. 14.
1 Lill. Abr. 506.
Where the Law allows a Man two Actions to re-
cover his Right, it is at his Election to bring which
he pleafeth: And when a Man's A&t may work two
Ways, both arifing out of his Intereft, he hath E-
lection given him to ufe it either Way. Dyer 20.
2 Roll. Abr. 787. A&ion of Trefpafs upon the Cafe,
or Action of Trefpafs Vi & Armis, may be brought
against one that refcues a Prifoner, at the Election
of the Party damnified by the Refcous. And an
Action of the Cafe, or an Affife lies against him
that furcharges a Common, at the Election of him Ele&ion of a Werderoz of the Forel, (Electone
that is injured thereby. 1 Lill. 504, 505. Alfo for Viridariorum Forefta) Is a Writ which lies for the
a Rent-charge out of Lands, there may be Writ of Choice of a Verderor, where any of the Verderors of
Annuity or Diftrefs, at the Election of the Grantee; the Foreft are dead, or removed from their Ofaces,
but after the Death of the Grantor, if the Heir be. It is directed to the Sheriff; and, as appears
not charged, the Election to bring Annuity ceafeth. by the antient Writs of this Kind, the Verderor is
Dyer 344. A Man was indicted of Felony for En- to be elected by the Freeholders of the County,
tring an Houſe and taking away Money, and found in the fame Manner as Coroners. New Nat. Br.
guilty, and burnt in the Hand; after which, the 366.
Perfon who loft the Money brought an Action of
Trefpafs against the other for Breaking his Houfe,
and taking away his Money; and it was held that
the Action would lie; for tho' it was at his Election at
firft, either to prefer an Indictment to bring an Ac-
tion, yet by the Indictment he had made no Election,
becauſe that was not the Profecution of the Party,
but of the Crown. Style 347. If a Bargain and
4
Election of a Clerk of Statutes-Merchant, Is a
Writ that lies for the Choice of a Clerk affign'd to
take Bonds called Statutes Merchant; and is granted
out of the Chancery, upon Suggeftion that the Clerk
formerly affign'd is gone to dwell at another Place,
or is under fome Impediment to attend the Duty of
his Office, or hath not Lands fufficient to answer
his Tranfgreffions, if he fhould act amifs, &c.
F. N. B. 164.
Ele&tion of Ecclefiaftical Perfons. There is to
be a free Election for the Dignities of the Church, by
9 Ed 2. c. 14. And none fhall difturb any Perſon
from making free Election, on Pain of great For-
feiture. If any Perfons that have a Voice in Elec-
tions, take any Reward for an Election in any
Church, College, School, &c. the Election fhall be
void: And if any of fuch Societies refign their
Places to others for Reward, they incur a For-
feiture of double the Sum, and the Party giving it,
and the Party taking it is uncapable of fuch Place.
Stat. 31 Eliz. c. 6. Election of Bishops. Vide Bi-
hops.
Election of Members of Parliament. See Par-
liament.
Eleemofyna, Alms: Dare in furam & perpetuam
Elcemofynam, to give in pure and perpetual Alms,
or Frank-almoigne ; as Lands were commonly given
in antient Times to Religious Ufes. Corvel.
Eleemofyna Regis, or Eleemofyna Aratri, Is a
Penny which King Ethelred ordered to be paid for
every
E L
EL
every Plough in England, towards the Support of the
Poor: It is called Eleemofyna Regis, becaufe it was at
first appointed by the King. Leg. helred. cap. 1.
Eleemofynaria, The Place in a Religious Houfe
where the common Alms were repofited, and thence
by the Almoner diftributed to the Poor.
Eleemofynaríus, The Almoner or peculiar Offi-
cer who received the Eleemofynary Rents and Gifts,
and in due Method diftributed them to pious and
charitable Ufes. There was fuch a chief Officer in
all the Religious Houses: And the greateft of our
English Bishops had antiently their Almoners, as
now the King hath. Linwood's Provincial, lib. 1. tit. 12.
See Almoner.
Eleemofynæ, Hath been used for the Poffeffions
belonging to Churches. Blount.
immediately after Entry of the Judgment upon the
Judgment-Roll award as many Elegits into as many
Counties as he thinks fit, and execute all or any of
them at his Pleasure. 1 Lill. Abr. 509. Cro.. Fac. 246.
And it has been held, that a Perfon may have feve-
ral Elegits into feveral Counties, for the entire Sum
recovered; or that he may divide his Execution,
and have it for Part in one County, and Part in
another. Moor 24. A Man had Lands in Execution,
upon Elegit, and afterwards moved for a new Elegit,
upon Proof that the Defendant had other Lands
not known to the Creditor at the Time when the
Execution was fued out; and it was adjudged, that
if he had accepted of the firft by the Delivery
of the Sheriff, he could not afterwards have a new
Elegit; but when the Sheriff returns the Writ, he may
wave it, and then have a new Extent. Cro. Eliz.
310. 1 Nelf. Abr. 699. If the Defendant dies in Pri-
I
Elegit, (from the Words in it, Elegir fibi Libe-
rari) Is a Writ of Execution that lies for him who
bath recovered Debt or Damages, or upon a Re-fon, fo that there is no Execution with Satisfa&ion,
cognizance in any Court, against one not able in
his Goods to fatisfy the fame; directed to the She-
riff, commanding him to make Delivery of a Moiety
of the Party's Lands, and all his Goods, Beafts of
the Plough excepted. And the Creditor fhall hold
the faid Moiety of the Land fo delivered unto him,
until his whole Debt and Damages are paid and fa-
tisfied; and during that Term he is Tenant by Ele-
git. Reg. Orig 299. Co. Lit. 289. Upon an Elegit,
the Sheriff is to deliver one Half of all Houfes,
Lands, Meadows and Paftures, Rents, Reverfions,
and Hereditaments wherein the Defendant had any
fole Eftate in Fee, or for Life, into whofe Hands
foever the fame do afterwards come; but not of a
Right only to Land, an Annuity, Copyhold Lands,
c. Dyer 206. 7 Rep. 49. Plowd. 224. This. Writ is
given by the Stature of Weftm. 2. 13 Ed. 1. c. 18.
And by it the Plaintiff, &c. ele&s omnia bona & ca-
talla of the Defendant, frater boves Afros de Caruca
&
fua; and alfo a Moiety of all the Lands which the
Defendant had at the Time of the Judgment reco.
vered: But it ought to be fued within a Year and a
Day after the Judgment; and Inquifition is to be
made by a Jury fummoned by the Sheriff of what
Land the Defendant had, &c. F. N. B. 267. All
Writs of Execution may be good, though not re-
turn'd, except in Elegit; but that must be returned,
because an Inquifition is to be taken upon it, and
that the Court may judge of the Sufficiency there-
of 4 Rep. 65, 74. It has been ruled, that if more
than a Moiety of the Lands is delivered on an Ele-
git by the Sheriff, the fame is void for the Whole
Sid. 91.
2 Salk. 563. And the Sheriff cannot fell
any Thing but what is found in the Inquifition;
and therefore if he fell a Term for Years, c. mif-
recited in the Inquifition as to the Commencement
thereof, the Sale is void. 4 Rep. 74. In Debt upon
Bond, the Defendant before the Trial conveyed his
Lands to another, &c. but he himself took the Pro-
fits; notwithstanding this Conveyance a Moiety of
his Lands were extended on an Elegit. Dyer 294.
3 Rep. 78. If two Perfons have each of them a
Judgment against one Debtor, and he who hath the
fift Judgment brings an Elegit, and hath the Moiety
of the Lands delivered to him in Execution; and
then the other Judgment-Creditor fues out another
Elegit, he fhall have only a Moiety of that Money
which was not extended by the first Judgment. Cro.
Eliz. 483. But this is contrary to the Year-Book
10 Ed. 2. where 'twas held, that the entire Moiery
left ſhould be delivered in Execution. 1 Nelf Abr.
698. When Lands are once taken in Execution on
an Elegit, and the Writ is returned and filed, the
Plaintiff ſhall have no other Execution. 1 Lev 92.
And if the Defendant hath Lands in more Counties
than one, and the Plaintiff awards an Elegit to one
County, and extends the Lands upon the Elegit, and
afterwards files the Writ, he cannot after that fue
out an Elegit into the other Counties: But he may
·
|
the Plaintiff fhall have an Elegit afterwards. 5 Rep.
86. And if all the Lands extended on an Elegit be
evicted by better Title, the Plaintiff may take out
a new Execution. 4 Rep. 66. Where one having
Land by Elegit, is wholly evicted out of it, he may
have a further Execution, either againſt the De-
fendant's Lands or Goods, as he might have had at
firft; fave only he must have a Scire fac. against
the Defendant, or him that comes in under him:
But if the Eviction be of Part of the Land, or for
a Time only, fo that the Plaintiff may take his full
Execution by holding it over; there he cannot
have any new Execution by the Stature, 32 H. 8.
6. 5. 2 Shep. Ahr. 115. After a void Elegit fued out
and filed, a new Writ may be had: And if one fue
an Elegit upon a Recovery, and the Sheriff returns
that he hath made Inquifition of the Lands of the
Defendant by twelve Jurors; but he cannot deliver
the Moiety to the Party according to the Writ, for
that all the Land is extended to another on a Sta-
tute; the Plaintiff fhall have a Cap. ad Satisfaciend.
Roll. Abr. 905. Where an Elegit is fued. upon a
Judgment, the levying of Goods thereon for Part
only, is no Impediment, but the Plaintiff may bring
another Elegit pro Refiduo, and take the Lands.
Lev. 92.
On a Nihil returned upon an Elegit, there
may be brought a Capias ad fatisfaciend. or Feri
facias. 1 Leon. 176. And an Elegit may be fued, after
a Fieri fa ias returned Nalla bona, or where Part is
levied by it; and after a Capias ad fatisfaciend, re-
turned Non eft Inventus. Hob 57. If on Recovery
by Writ of Debt, a Fieri facias is fued out, and the
Sheriff return Nulla bona; then the Plaintiff ſhall
have a Capias or Elegit, &c. And if the Sheriff re-
turn, that the Defendant hath nothing whereof he
may make Satisfaction, he ſhall be fent to the Pri-
fon of the Fleet, &c. there to remain 'till he have
made Agreement with the Party: And if the She-
riff in fuch Cafe return Non eft Inventus, there fhall
go forth an Exigent against him. Terms de Ley 289.
There is another Sort of Elegit upon adjudging Ex-
ecution against Tertenants, whereon only a Moiery of
the Lands, againft which Execution is awarded, is
extended by the Sheriff; and nothing is mentioned
therein of any Goods and Chattels. Ibid. A Perfon
in Execution was fuffered to escape, and then he
died; the Land which he had at the Time of the
Judgment may be extended by Elegit upon a Scire
Dyer
facias brought againſt his Heir as Tertenant..
271. A Man may have an Affife of the Land which
he hath in Execution by Elegit, if he be deforced
thereof. Stat. Weftm 2. c. 18. And if Tenant by
Elegit. alien the Land in Fee, &c. he who hath
Right fhall have again him and the Alienec an
At a Trial at Bar in
Affife of Novel Diffeifin. Ibid.
C. B. the Court delivered for Law, that where
Lands are actually extended and delivered upon an
Elegit, a Fine levied on thofe Lands, and Nonclaim,
will bar the Intereft of the Tenant by Elegit; and
upon
=
E L
E M
រ
*
|
Elongata, Is a Return of the Sheriff that Cattle
are not to be found, or removed fo that he cannot
make Deliverance, &c. in Replevin. 2 Lill. Abr.
454, 458...
upon the Inquifition found, the Party is in Poffeffo that they cannot come to fue perfonally, their
fion before actual Entry, for in fuch Cafe he may next Friends ſhall be admitted to fue for them. 13
bring an Ejectment, or Trefpafs, c. 1 Mod. 217. Ed. 1. cap. 15.
If Tenant by Elegit be put out of Poffeffion before
he hath received Satisfaction for his Debt, by the
Heir at Law, &c. he may bring Action of Tref
paſs, or re enter and hold over 'till fatisfied: But
after Satisfaction received, the Defendant may en-
ter on the Tenant by Elegit. 4 Rep. 28, 67. Te-
nants by Elegit, Statutes-Merchants, &c. are not pu-
nifhable for Wafte by Action of Wafte; but the
Party against whom Execution is fued is to have a
Writ of Venire facias ad computandum, &c. and there
the Waſte ſhall be recovered in the Debt: Though
'tis faid there is an old Writ of Waſte in the Re-
gifter for him in Reverfion against Tenant by Elegit
committing Waſte on Lands which he hath in Ex-fame is notorious, whoever gives her Credit, doth
ecution. 6 Rep. 37. New. Nat. Br. 130. On Tenant
by Elegit's Accounting, if the Money recovered by
the Plaintiff is levied out of the Lands, the Defen-
dant fhall recover his Land; and if more be re-
ceived by Wafte, &c. he fhall have Damages. Terms
de Ley 288. See Extent, Execution.
G
Form of a Writ of Elegit in Engliſh.
Elopement, (Derived from the Belg. Ee, viz. Ma-
trimonium & Loopen, currere) Is where a married
Woman of her own Accord, goes away and departs
from her Husband, and lives with an Adulterer. A
Woman thus leaving her Husband, is faid to elope;
and in this Cafe, her Husband is not obliged to al-
low her any Alimony out of his Ettate; nor fhall
he be chargeable for Neceffaries for her, as wear-
ing Apparel, Diet, Lodging, &c. And where the
it at his Peril: Bur on Elopement, the Putting a
Wife in the Gazette, or other News-Paper, is no le-
gal Notice to Perfons in general nor to truft her;
though perfonal Notice to particular Perſons given
by the Husband, will be good not to be chargeable
to them. 1 Roll. 350. 1 Vent. 42. By Stat. 13 Ed. 1.
cap. 34. If the Wife goes away from the Husband,
and tarrieth with the Adulterer, without returning
and being reconciled to her Husband, this continual
Elopement forfeits her Dower; according to theſe
old Verſes:
Sponte Virum Mulier fugiens, & Adultera facta,
Dote fua careat, nifi fponfo fponte retracta.
Action lies against the Adulterer for carrying away
another Perfon's Wife, and detaining her; and large
Damages are ufually given in thefe Cafes to the
injured Husband.
Ely, A Royal Franchife or County Palatine. See
County.
Embargo, A Prohibition upon Shipping, not to
go out of any Port, on a War breaking our, &c.
EORGE the Second, &c. to the Sheriff of S.
Greeting: Whereas A. B. lately in our Court, be-
fore us at Weltminster, by Bill without our Writ, and
by the Judgment of the fame Court, hath recovered a-
gainst C. D. 100 l. of Debt, and alfo 50 s. for his Da
mages, which he hath fuftained, as well by Occafion of
the Detention of that Debt, as for his Expences and Cofts
laid out by him about his Suit in that Behalf, whereof
the faid C. D. is convicted, as appears to us of Record:
And afterwards the faid A. came into our Court before
us, and bath elected to be delivered to him all the Goods
and Chattels of the faid C. except the Oxen and Heifers
of his Cart, (Beafts of his Plough) and in like Manner
one Moiety of all and fingular the Lands and Tene-
ments of the faid C. in your Bailiwick, according to the
Form of the Statute in this Cafe made and provided, un-
til the Debt and Damages aforefaid shall be fully levied
thereof: Therefore we command you, that all the Goods
and Chattels of the faid C. within your Bailiwick, except
the Oxen and Heifers of his Cart, (Plough) and likewife
a Moiety of all the Lands and Tenements of the faid C.
in your Bailiwick, whereof the faid C. the Day, &c. in
the Year of our Reign, &c. on which Day the Judgment
aforefaid was rendered, or at any Time afterwards was
feifed, you caufe to be delivered without Delay to the faid
A. by a reasonable Price and Extent; to hold to him the
faid Goods and Chattels as his own proper Goods and Chat-
tels, and also to hold the faid Moiety of the Lands and
Tenements aforesaid as his Freehold, to him and his Af-
figns, according to the Form of the Statute aforefaid, un-
til the Debt and Damages aforesaid shall be thereof levied:
And how this Writ you shall have executed, make certain-
ly known to us at Weſtminſter, on the Day, &c. (after
Such a Return) under your Seal, and the Seals of thofe
by whofe Oath you shall have made that Extent and Ap-fit of the Soil. Co. Lit. 55, 56. Where Tenant for
traifement; And have you then there this Writ. Witnefs,
Eg co
Elf-Arrows, Were Flint Stones fharpened on each
Side in Shape of Arrow-heads, made ufe of in War
by the antient Britains; of which feveral have been
found in England, and greater Plenty in Scotland,
where 'tis faid the common People imagine they
drop from the Clouds.
!
Elífozs, To impanel Juries, &c. See Eflifors.
Elke, A Kind of Yew to make Bows of. Stat.
32 H. 8. cap. 9. Alfo the Name of the wild Beaft
fomewhat like a Deer.
Eloine, (From the Fr. Efloigner) Signifies to re-
move or fend a great Way off: In this Senfe it is
uſed by Statute; if fuch as be within Age be elóined,
Emblements, (From the Fr. Emblavence de Bled,
viz. Corn fprung or put up above Ground) Signifie
properly the Profit of Land fown: But the Word is
fometimes uſed more largely, for any Products that
arife naturally from the Ground, as Grafs, Fruit,
c. In fome Cafes he which fowed the Corn fhall
have the Emblements; and in others not: A Lef
fee at Will fows the Land, he fhall have the
Emblements; though if the Leffee determines the
Will himſelf, he fhall not have them, but the Lef
for. 5 Rep. 116. If Leffee at Will fows the Land
with Grain, or other Thing yielding annual Profit,
and the Leffor enters before Severance; yet the
Leffee fhall have it: But where the Leffee plants
young Fruit-Trees, or other Trees, or fows the
Land with Acorns, &c. he shall not have theſe:
And if fuch Tenant by good Husbandry make the
Grafs to grow in greater Abundance; or fow the
Land with Hay-feed, by which Means it is encreaf-
ed, if the Leffor enters on the Leffce, the Leffce
fhall not have it, becauſe Grafs is the natural Pro-
Life fows the Land, and dies, his Executors ſhall
have the Emblements, and not the Leffor or him in
Reverfion; by Reafon of the Uncertainty of the
Eftate. Cro. Eliz. 463. And if a Tenant for Life
plants Hops, and dies before Severance, he in Re-
verfion fhall not have them, but the Executors of
Tenant for Life. Cro. Car. 515. If Tenant for Years,
if he fo long live, fow the Ground, and die before
Severance; the Executor of the Leffee fhall have
the Corn: And where Leffee for Life leafes for
Years, if the Leffee for Years fow the Land, and
after Leffee for Life dies before Severance, the
Executor of Leffee for Years fhall have the Emble-
ments.
2 Danu. Abr. 765. But if Tenant for Life
fows his Land with Corn, and afterwards grants o-
ver all his Eftate and Right to another; if the
Grantee
4
EM
E M
Life. Cro. Eliz. 61, 464. Where there is a Right to
Emblements, Ingrels, Egrefs and Regrefs are allow
by Law, to enter, car and carry them away,
when the Eftate is determined, &c. 1 Inft. 56.
Emblers de Gentz, (Fr.) A Stealing from the
People: The Word occurs in our old Rolls of Par-
liament.. Whereas divers Murders, Emblers des
Gentz, and Robberies are committed, &c. Rot.
Parl. 21 Ed. 3. n. 62.
Embraccoż, (Fr. Embrafour) Is he that when a
Matter is in Trial between Party and Party comes
to the Bar with one of the Parties having received
fome Reward fò to do, and ſpeaks in the Cafe; or
privately labours the Jury, or ftands in Court to
furvey and overlook thein, whereby they are awed
or influenced, or put in Fear or Doubt of the Mat-
this Offence is 20 I. and Imprisonment, at the Dif
cretion of the Juftices, by the faid Statute: Alfo a
Perfon may be punished by Fine; &c. on Indict-
ment at Common Law, as well as by Action on the
Statutes Com. Law Com. Plac'd 186. But Lawyers,
Attornies, c. may ſpeak in the Cafe for their
Clients, and not be Embraceors: Alfo the Plaintiff
may labour the Jurors to appear in his own Cauſe;
but a Stranger muft not do it: For the bare Wri
ting a Letter to a Perfon, or Parol Requeft for a
Juror to appear, not by the Party himself, hath
been held within the Statutes against Embracery
and Maintenance. 1 Inſt 369. Hob. 294. I Saund.
301. If the Party himself inftru&t a Juror, or pro-
mife any Reward for his Appearance, then the
Party is likewife an Embraceor. And a Juror may
be Guilty of Embracery, where he by indirect
Practices gets himſelf fworn on the Tales, to ferve
on one Side. 1 Lill. 513. There are divers Sta-
tutes relating to this Offence and Maintenance, as
5 Ed. 3. cap. 10. 34 Ed. 3. c. §. 32 H. S. c. 9, &c.
Grantee dies before Severance, it is faid his Execu-
tors fhall not have the Corn, but he in Reversion.
Cra. Eliz. 464. If Tenant for Years fows Ground,ed
and before his Corn is fevered, the Term which is
certain expires; the Leffor or he in Reverſion ſhall
have the Emblements; but he must first enter on the
Lands. 1 Lill. Abr. 511. A Leffee for Life or Years
fows the Land, and after furrenders, &c. before
Severance, the Leffor thall have the Corn. 2 Danv.
764. If there be Leffee for Years upon Condition
that if he commit Wafte, &c. his Eftate fhall ceafe;
if he fows the Ground with Corn, and after doth
Wafte, the Leffor fhall have the Corn. Co. Lit. 55.
And where a Lord enters on his Tenant for a For-
feiture, he fhall have the Corn on the Ground. 4
Rep. 21. A Feme Copyholder for her Widowhood
fows the Land, and before Severance takes Hufter. Stat. 19 H 7. cap. 13. And the Penalty of
band, fo that her Eftate is determined, the Lord
ſhall have the Emblements. 1 Lill. §11. Though if
fuch a Feme Copy holder durante viduitate, leafes for
one Year according to Cuftom, and the Leffce fows
the Land, and afterwards the Copyholder takes
Husband, the Leffee fhall have the Corn. 2 Dano.
764. If a Husband hold Lands for Life, in Right
of his Wife, and fow the Land, and after the dies
before Severance, he fhall have the Emblements.
Dyer 316. 1 Nelf. Abr. 701. And where the Wife
hath an Eftate for Years, Life, or in Fee, and the
Husband fows the Land, and dieth, his Executors
fhall have the Corn. I Nelf. 702. But if the Huf
band and Wife are Jointenants, though the Huf-
band fow the Land with Corn, and dies before Ripe,
the Wife and not his Executor fhall have the Corn,
fhe being the furviving Jointenant. Co Lit. 199. When
a Widow is endowed of Lands fown, the fhall have
the Emblements, and not the Heir. 2 Inft. S1. And a
Tenant in Dower may difpofe of Corn fown on the
Ground; or it may go to her Executors, if the die
before Severance. Stat. 20 Hen. 3. 2 Inft. So, 81.
And if a Parfon fows his Glebe, and dies, his Exe-
cutors fhall have the Corn: Likewife fuch Parfon
may by Will difpofe thereof. 1 Roll Abr. 655. Stat.
28 Hen. S. cap. 11. If Tenant by Statute-Merchant
fows the Land, and before Severance a cafual Profit
happens, by which he is fatisfied, yet he shall have
the Corn. Co. Lit. 55. Lands fown are delivered in
Execution upon an Extent, the Perfon to whom
delivered fhall have the Corn on the Ground.
Leon. 54. And Judgment was given against a Per.
fon, and then he fowed the Land, and brought a
Writ of Error to reverse the Judgment; but it
was affirmed; and adjudged that the Recoveror
ſhould have the Corn. 2 Bult. 213. If a Diffcilor
fows the Land, and afterwards cuts the Corn, but
before 'tis carried away, the Diffeifee enters; the
Diffeifee fhall have the Corn. Dyer 31. 11 Rep. 52.
A Perfon feifed in Fee of Land dies, having a
Daughter, and his Wife Priviment enfient with a Son;
the Daughter enters and fows the Land, and before
Severance of the Corn, the Son is born; in this
Cafe the Daughter fhall have the Corn, her Eftate
being lawful and defeated by the A&t of God; and
it is for the publick Good that the Land ſhould be
Towed. Co. Lit. 55.
Co. Lit. 55. A Man feiled in Fee-fimple
fows Land, and then devifes the Land by Will, and
dies before Severance; the Devifee fhall have the
Corn;
and not the Devifor's Executors. Winch 52,
Cro. Eliz. 61. If a Perfon devifes his Land fown,
and fays nothing of the Corn, the Corn fhall go
with the Land to the Devifee: And when a Man
feiſed of Land, fows it, and dies without Will, it
goes to the Executor, and not the Heir. 1 Lill. 512.
A Devifee for Life dies, he in Remainder fhall Emendatio, Hath been uſed for the Power of
have the Emblements with the Land. Hob. 132. Te-Amending and Correcting Abuſes, according to ſta-
nant in Fee fows the Land, and devifes it to A. for
Life, Remainder to B. for Life, and dies; A. dics
before Severance, B. in Remainder fhall have the
Corn, and not the Executor of the first Tenant for
2
|
Embracery, Is the Act or Offence of Embraceors:
And to attempt to influence a Jury, or any Way
incline them to be more favourable to the one Side
than the other, by Promiffes, Threatnings, Money,
Treats, &c. whether the Jurors on whom any fuch
Attempt is made, give any Verdict or no, or whe-
ther the Verdict pafs on his Side or not; this is
Embracery. 1 Inft. 369. Noy's Rep. 102.
Embzing Days, (From Embers, Cineres) So called
either because our Anceſtors, when they fafted fat in
Afhes, or trewed them on their Heads, are thoſe
which the antient Fathers called Quatuor Tempora
jejunii, and of great Antiquity in the Church: They
are obferved on Wednesday, Friday and Saturday next
after Quadragefima Sunday, (or the first Sunday in
Lent) after Whitfunday, Helyrood-day in September,
and St. Lucy's Day about the Middle of December.
Thefe Days are mentioned by Briton, cap. 53. and o-
ther Writers; and particularly in the Stat. 2 & 3
Ed. 6. c. 19. And are kept with great Zeal by the
Roman Catholicks: Our Almanacks call them the
Ember Weeks.
Emendals, (Emenda) Is an old Word ftill made
Ufe of in the Accounts of the Society of the Inner
Temple; where fo much in Emendals at the Foot of
an Account, on the Balance thereof, fignifies fo
much Money in the Bank or Stock of the Houſes,
for Reparation of Loffes or other emergent Occa-
fions: Quod in Restaurationem Damni tribuitur. Spelm.
Emendare, Emendam folvere, to make Amends for
any Crime or Trespass committed. Leg. Edw Con-
feff. cap. 35. Hence a capital Crime, not to be ar-
toned by Fine, was faid to be inemendabile. Leg.
Canut. pag. 2.
ted Rules and Meaſures: As Emendati Panni, the
Power of looking to the Affiſe of Cloth, that it be
of juft Meaſure; Emendatio Panis Cervific, the
Affifing of Bread and Beer, &c. a Privilege grant-
X X X
cd
EN
EN
:
簇
​!
ed to Lords of Manors, and executed by their Offi-
cers appointed in the Court Leet, &c. Ad nos fpectat
Emendatio Panni & Panis & Cervifie, quicquid
Regis eft, Excepto murdredo & Latrocinio, &c.
Paroch. Antiq. 196.
Empanel A Jury. Ponere in Affifis & Furatis,
&c. See Imparel.
he hath a Freehold in his Freedom during Life;
and may not, for endeavouring any Thing only a-
gainft the Corporation, lofe and forfeit the fame.
11 Rep. 91.
Englecery or Englefchire, (Engleceria) Is an old
Word fignifying the being an Englishman. When
Canutus the Dane came to be King of England, he at
Emperor, (Imperator) The higheft Ruler of large the Request of the Nobility fent back his Army in-
Kingdoms and Territories, a Title anciently given to Denmark, but kept fome Danes behind to be a
to renowned and victorious Generals of Armies, Guard to his Perfon; and he made a Law for the
who acquired great Power and Dominion. And Prefervation of his Danes, (who were often private-
this Title, is not only given to the Emperor of Gerly made away by the English) that if an Englishman
many, as Emperor of the Romans; but was formerly killed a Dane, he ſhould be tried for the Murder;
belonging to the Kings of England, as appears by a or if he escaped, the Town or Hundred where
Charter of King Edgar, viz. Ego Edgarus Anglorum the Fa&t was done, was to be amerced fixty fix
Bafileus, omniumque Regum Infularum Oceani que Bri, Marks to the King: So that after this Law, when-
tanniam circumjacent, &c. Imperator & Dominus. ever a Murder was committed, it was neceffary to
Enbzever, (Fr.) To write down in fhort. Erit. 56. prove the Party flain to be an Engliſhman, that the
Enchefon, A Fren: h Word ufed in our Law Books Town might be exempted from the Amercement;
and Statutes, fignifying as much as Occafion, or which Proof was called Englecery or Englefchire. And
the Caufe or Reafon wherefore any Thing is done. whereas if a Perfon were privily flain, he was in
Stat. 5 Ed. 3. c. 3.
ancient Time accounted Francigena, which Word
Endeavour. Where one who has the Ufe of his comprehended every Alien, efpecially the Danes:
Reaſon endeavours to commit a Felony, &c. he It was therefore, that where any Perfon was mur-
fhall be punished by our Laws, but not to that De-dered, he fhould be adjudged Francigena, unless
gree as if he had actually committed it: As if a Englecery were proved, and that it was made mani-
Man affault another on the Highway, in order to
a Robbery, but takes nothing from him, this is
not puniſhed as Felony, becauſe the Felony was
not accomplished; though as a Mifdemeanor, it is
liable to Fine and Imprifonment. 3 Inft. 68, 69,
161. 11 Rep. 98. And in this Cafe, the Offender
fhall be transported, by a late Statute. 7 Geo. 2.
Vide Intendment.
cap. 21.
feft he was an Englishman. The Manner of pro
ving the Perfon killed to be an Englfman, was by
two Witneffes who knew the Father and Mother,
before the Coroner, &c. Bract. lib. 3. track. 2. cap. 15.
Fleta, lib. 1. cap. 30. 7 Rep. 16. This Engleery, by
Reafon of the great Abufes and Trouble that af
terwards were perceived to grow by it, was utter-
ly taken away by Stat. 14 Ed. 3. c. 4.
Englishmen, The Names of, to be certified into
the Chancery who are abroad in Holland and Flanders,
ac. and fhall pay fuch Impofitions as Aliens do.
Stat. 14 & 15 H. S. c. 4.
Endowment, Signifies the Beftowing or Affuring
of Dower on a Woman: But it is fometimes ufed
metaphorically for the Settling a Provifion upon
Parton, or Building of a Church or Chapel; and
the Severing a fufficient Portion of Tithes, &c. for
a Vicar, towards his perpetual Maintenance, when
the Benefice is appropriated. Stat. 15.R. 2. c. 6.
4 H. 4. cap. 12.
•
Engravers, That fhall Invent, Defign and En-
grave Prints, to have the fole Right of printing
them for fourteen Years, which shall be engraved
with the Name of the Proprietors; and others co-
Fopying, and felling fuch Prints, though by varying,
c. without their Confent, fhall forfeit 5s. for
every Print, and alfo the Plates and Sheets, &c.
Stat. 8 Geo. 2. c. 13.
Enhance, To raise the Price of Goods or Mer-
chandize. See Forestaller.
Enpicet, Was anciently ufed for Implead.
They may enpleet and be enpleeted in all Courts. Mon.
Enemy, (Inimicus) Is properly an Alien or
reigner, who in a publick Capacity and hoftile
Manner, invades any Kingdom or Country; and
whether fuch Perfons come hither by themſelves, or
in Company with English Traitors, they cannot be
punished as Traitors, but fhall be dealt with by
Martial Law. H. P. C. 10, 15. 1 Hawk. 35. But the
Subjects of a Foreign Prince coming into England,
and living under the Protection of the King, ifing. Tom. 2. f. 412.
they take up Arms, &c. against the Government,
they may be punished as Traitors, not as Alien E-
nemies. 1 Hawk. Ibid. If a Prifoner be refcued by
Enemies, the Gaoler is not guilty of an Efcape;
as he would have been if Subjects had made the
Reſcue, when he might have a legal Remedy a-
gainst them. 2 Hawk. 130. Adhering to and Suc-
couring the King's Enemies. See Treafon.
Enfranchile, (Fr. Enfranchir) To make Free, or
incorporate a Man in any Society, . It is alfo
ufed where one is made a free Denizen, which is a
Kind of Incorporation in the Commonwealth.
Enfient, Is the being with Child. Law. Fr. Dist.
Enfienture, Of any Woman condemned for a
Crime, is no Ground to ftay Judgment; but it may
be afterwards alledged againйt Execution. 2 Hale's
Hift. P. C. 413.
Entail, (Fr. Entaille, i. c. Incifus) Is Fee entailed,
viz. abridged, limited, and tied to certain Condi-
tions, at the Will of the Donor; where Lands are
given to, or fettled on others. See Fee and Tail.
Enterpleader, (Fr. Enterplaider, Lat. Interplacitare)
Significs to difcufs or try a Point incidentally hap-
pening as it were between, before the principal
Enfranchisement, (Fr. from Franchife, i. e. Liber-Caufe can be determined. And Enterpleader is al-
tas) Is when a Perfon is incorporated into any So-lowed that the Defendant may not be charged to
ciety or Body Politick, and fignifies the A&t of In- two feverally, where no Default is in him: As if
corporating. He that by Charter is made a Denizen, one brings Detinue against the Defendant upon a
or Freeman of England, is faid to be enfranchifed, Bailment of Goods, and another againft him upon a
and let into the general Liberties of the Subje&ts of Trover, there shall be Enterpleader, to afcertain
the Kingdom: And he who is made a Citizen of who hath Right to his Action. 2 Danu. Abr. 779. If
London, or other City, or free Burgess of any Town two bring feveral Detinues against 4. B. for the fame
Corporate, as he is made Partaker of thofe Liber-Thing, and the Defendant acknowledges the A&tion
ties that appertain to the Corporation, is in the of one of them, without a Prayer of Enterpleader,
common Senfe of the Word a Perſon enfranchiſed. they ſhall not interplead on the Requeſt of the o-
So a Villein was enfranchifed, when he was made free ther; for the Enterpleader is given for the Security.
by his Lord, and rendered capable of the Benefits of the Defendant, that he may not be twice char-
belonging to Freemen. And when a Man is enfran-eed, and he hath waived that Benefit. 18 Ed. 3. 22.
chifed into the Freedom of any City or Borough, If one brings Decinue against B. and counts upon a
2
Deli.
}
EN
ΕΝ
Delivery of Goods, &c. to redeliver to him, and
Lands in which fach other had no Right of Entry,
another brings Detinue against him alfo, and counts but by the Feoffee of the Diffeifor, to whom the
fo likewile; if there be not any Privity of Bail- Diffeifor demifed the fame, who unjustly and with-
ment between them, yet they fhall interplead, to a-out Judgment diffeifed the Demandant. Fourth, A
void the double Charge of the Defendant; and alfo Writ of Entry fur Diffeifin in le Poft, which lieth
becaufe the Court cannot know to whom to deliver when after a Diffeifin the Land is removed from
the Thing detained, if both ſhould recover. Br. Hand to Hand beyond the Degrees, in Cafe of a
Enterplead 3. And upon fuch feveral Detinues, if more remote Seifin, whereunto the other three De-
the Defendant fays that he found it, and traverfes grecs do-not extend. 1 Inft. 238. In these four De-
the Bailment, they fhall interplead; for then he is grees, are comprehended generally all Manner of
chargeable as well to the one as the other: So if he Writs of Entry. And the Writ of Entry in le Poft is.
fays that they deliver'd it jointly, abfque hoc, that fo called, becaufe the Words of the Writ are, Poft
they delivered it as they have counted: But it is Diffeifinam quam B. injufte & fine Judicio fecit, &c.
otherwife if the Defendant doth not traverse the Briton obferves, that the Words In le Per, In le Per
Bailment, because if there was a Bailment, he is Cui, and In le Poft, fignify nothing but divers
chargeable only to the Bailor, and may plead in Forms of this, Writ, applied to the Cafe where-
Bar against the others., 2 Danv. 782. Where two upon
Where two upon it is brought; and cach Form taking its Name
bring feveral Detinues for one Thing, and the De-from the Words contained in the Writ. F. N. B.
fendant prays that they may interplead, and delivers 193. But if any Writ of Entry be conceived out of
the Thing to the Court, and before the Award of the right Caufe, fo that one Form is brought for
the Enterpleader, one difcontinues the Suit, the other
fhall not have judgment; but if he difcontinues his
Suit after the Enterpleader, the other may have
Judgment. 11 H. 6. 19. If a Recovery be had
upon an Enterpleader, Judgment fhall be given to
recover the Thing demanded against the Defendant;
and not againſt the Garnifhee, in Cafe of Garnish-
ment, &c. 2 Danv. 783. When two have enterplead
ed in Detinue, he that recovers fhall recover Da-
mage against the other. Br. Damage 68. There was
formerly Enterpleader relating to Delivery of Lands
by the King to the right Heir, where two Perfons
out of Wardſhip were found Heirs, &c. 7 Rep. 45.
Staund Prer. cap. 17 Bro, Tit. Enterplead. And an
tiently the Head Enterpleader made a great Title in
another, it is abateable. A Writ of Entry in the
Per and Cui, fhall be maintained againſt none, but
where the Tenant is in by Purchaſe or Difcent;
for if the Alienation or Difcent be put out of the
Degree upon which no Writ may be made in the
Per and Cui, then it fhall be made in the Poft. Terms
de Ley 299. And there are five Things which put
the Writ of Entry out of the Degrees, viz. Intruſton;
Diffeifin upon Diffeifin; Succeffion where the Dif
feifor was a Perfon of Religion, and his Succeffor
enters; Judgment, when a Perfon hath had Judg-
ment to recover against the Diffeifor; and Efcheat,
on the Diffeifor's dying without Heir, or commit-
ring Felony, c. on which the Lord enters, &c.
In all thefe Cafes, the Diffeifee or his Heir, fhall
not have a Writ of Entry within the Degrees of the
Entiertie, (from the Fr. Entierete, Entirenefs) Is Per, but in the Poft; because they are not in by
a Contradiftinction in our Books to Moiety, deno-Difcent, or Purchaſe. Ibid. Degrees as to Entries
ting the Whole: And a Bond, Damages, c. are
faid to be entire, when they cannot be divided or
apportioned.
the Law.
Entire Tenancy, Contrary to feveral Tenancy,
and fignifying a fole Poffeffion in one Man; where-
as the other is a joint or common Poffeffion in more.
-Brook.
are of two Sorts, either by A&t in Law, as in Caſe
of a Difcent; or by Act of the Party by lawful
Conveyance; and by the Common Law, if the
Lands were conveyed out of the Degrees, the De-
mandant was driven to his Writ of Right, in Reſpect of
fuch long Poffeffion, and fo many Alterations in dif-
ferent Hands; wherefore by the Statute of Marlbridge,
Entry, (Ingreffus, Fr. Entree, i.e. Introitus) Signifies 52 Hen. 3. cap. 29. the Writ of Entry in le Poft is given.
the taking Poffeffion of Lands or Tenements, where But no Eftate gained by Wrong doth make a Degree;
a Man hath Title of Entry: And it is alſo uſed for fo that Abatement, Intrusion, &c. work not a De-
a Writ of Poſſeſſion. This Entry into Lands, is where gree; nor doth every Change by lawful Title, or
any Man enters into or takes Poffeffion of any an Eftate of Tenant by the Curtefy, by Judgment,
Lands, &c. in his proper Perfon: And is an a&tual. or of any others that come in the Poft; though
Entry when made by a Man's felf, or by Attorney a Tenancy in Dower by Affignment of the Heir
by Warrant from him that hath the Right; or doth work a Degree, becauſe he is in by her Huf-
it is an Entry in Law, for a continual Claim is an En- band; and fo doth not Affignment of Dower by a
try implied by Law, and has the fame Force with it. Diffeifor, by Reafon fhe is in the Post. i Inft. 239.
Litt. Sect. 419. There is a Right of Entry, when Entry on Lands is taken away by Difcent on Diffeifins,
the Party claiming may for his Remedy either en- or Discontinuance, &c. But a Difcent fhall not take
ter into the Land, or have an Action to recover it away the Entry of Leffee for Years, nor of Tenant
And a Title of Entry, where one hath lawful Entry by Elegit, &c. who have but a Chattel, and no
given him in the Lands which another hath, but Freehold; otherwife it is of an Eftate for Life, or
has no Action to recover till he hath entered any higher Eltate. 1 Inft. 249. Where a Diffcifor
Plowd. 558. 10 Rep. 48. Finch's Law 105. The Writs dieth feifed, and the Law catteth the Lands upon
of Entry concern the Right of Property, and are of his Heir; this is a Difcent which tolls an Entry at
divers Kinds, diftinguished into four Degrees, ac Common Law: By Statute, it is only where the
cording to which the Writs are varied. The firft Diffeifor had peaceable Poffeffion five Years; for
Degree is a Writ of Entry fur Diffeifin, that lieth for if he had not Poffeffion peaceably during that
the Diffeifce againſt a Diffeifor, upon a Diffeifin Time, the Difcent to his Heir fhall not take away
done by himself; and this is called a Writ of Entry an Entry. 32 H. S. cap. 33. If a Diffeifor leafes for
in the Nature of an Affife. Second, a Writ of En-Years, and dies feifed of the Reverfion, the Entry
try fur Diffeifin in le Per, for the Heir by Difcent,
who is faid to be in the Per as he comes in by his
Anceſtor; and ſo it is if a Diffeifor make a Feoff
ment in Fee, Gift in Tail, &c. the Feoffee and
Donec are in the Per by the Diffeifor. Third,
A Writ of Entry fur Diffeifin in le Per & Cui,
where the Feoffee of a Diffeifor maketh a Feoff-
ment over to another, when the Diffcifce fhall
have this Writ of Entry fur Diffeifin, &c. of the
of the Diffeifee is taken away, because he died feifed
of the Fee and Freehold: But if he had leafed for
Life, &c. the Entry of the Diffeifee would not be
taken away. 1 Inft. 239. Where the Diffeifor of an
Infant dies feifed, and after the Infant comes of
Age, and the Heir of the Diffeifor dies before En-
try; though he died not feiſed of an actual Seifin,
but a Scifin in Law; yer his Dying feifed takes a
way the Entry of the Diffeifee. Ibid. If a Differ or
makes
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makes a Feoffment upon Condition, and the Feoffee ing nothing of his firft Eftate; or if the Diffeifee
dies feifed, and the Feoffor enters upon the Heir enters, and takes the Profic as Leffec, &c. of the
for the Breach of the Condition, the Diffeifee may Diffeifor, 'tis faid thefe will be an Entry that will
enter upon him; for by the Entry of the Diffeifor, reduce the firſt Eſtate. 2 Dano. 790. If the Dif
the Difcent is utterly defeated, Litt. Sect. 409. feifee commands a Stranger to put in the Cattle of
The Title of Entry in a Fcoffor, &c. that hath but fuch Stranger in the Land to feed there; this is an
a Condition, cannot be taken away by any Difcent, Entry in Law on the Land. I Inft. 245. And if a
becauſe he has no Remedy by Action to recover Perion enters by Command of him who hath Title,
the Land; fo that if a Difcent fhould take away he by Virtue thereof may gain a Title to himſelf.
his Entry, it would bar him of his Right for ever: 1 Nelf. Abr. 705. Where Entry may be made into
And the Condition remains, and cannot be devefted Land, or any Thing, it fhall not be in the Party]
and put out of Poffeffion, as the Lands, c. 1 Inft. before Entry: If Entry cannot be made, but only
240. If a Man recovers Lands, and after a Stran- Claim, then it fhall be in him by Claim; and when
ger to the Recovery dies feifed, this fhall not take neither Entry nor Claim can be made, it fhall be in
away the Entry of the Recoveror; as it was but a him by Act of Law. 1 Plowd. 133. In Cafe the Pof-
Title. 2 Dano. Abr. 561. But where a Perfon reco- feffion of Land is in no Man, but the Freehold in Law
vers against another, and enters and fues Execu- is in the Heir that enters, his general Entry into one
tion, and after the Recoveree diffeifes him, and Part reduces all into his actual Poffeffion: But if an
dies feifed; this Difcent fhall take away the Entry Entry is to deveft an Estate, a general Entry into Par-
of the Recoveror, for the Recovery was executed. cel, is good only for that Part. 1 Inft. 15 Where an
Ibid. If after Recovery against Tenant for Life, he Entry is in any Parts, it must be in the Name of all:
dies, and he in Remainder enters before Exccu- If I enfeoff a Perfon of an Acre of Ground upon
tion, and dies feifed, the Entry of the Recoveror is Condition, and of another Acre on Condition, and
not taken away. 1 Inft. 238. The Entry of the Te- both Conditions are broken; here Entry into one in
nant for Life, fhall be good for him in Remainder: Name of both Acres is not good to reduce both:
And if Tenant for Life make a Feoffment in Fee, But if a Man make a Feoffment of divers Parcels
and a Stranger enters for the Forfeiture in the upon Condition that is broken, there Entry into
Name of the Reverfioner; this will be good to veft Part in the Name of all the reft is fufficient. Co. Lit.
the Reverfion in him. Lit. 128. 9 Rep. 106. If an 252. 9 H. 7. 25. A Man hath Right to enter into
Infant under Age, makes a Deed of Feoffment, and Lands in divers Villages in one County, if he enter
after his full Age the Feoffee die feifed; or a Leffee upon Part of it in one Village in the Name of all in
for Life aliens the Land, and the Alienee dies feifed that County; by this he shall have Poffeffion of the
thereof; or a Devife be of Lands upon Condition, whole. 1 Inft. 252. Dyer 227, 337. If a Man diffeife
and the Heir of the Diffeifor enters and dies feifed: me of one Acre at one Time, and another Acre at
In thefe Cafes the Entry is gone, and the Parties another Time in the fame County, my Entry into
fhall be put to their A&tion. Lit. 96. 9 H. 6. 25. If one of them in the Name of both is good: Though
there be Tenant for Life, Remainder to the right it will not be good, if the Diffeifin be by two feve-
Heirs of F. S. and the Tenant for Life is diffeifed; ral Perfons, or if the Acres lie in feveral Counties,
a Difcent is caft, and after F. S. dies, and Tenant when there ought to be feveral Entries and Ac-
for Life alfo dies: By this the Entry of the Heir of tions. I Inft. 252. If he who bath Right of Entry
7. S. is not taken away, for his Remainder was in into a Frechold, enters into Part of it, it shall be
Cuftodia Legis. 1 Rep. 134. Where an Infant has adjudged an Entry into all poffeffed by one Tenant;
Caule of Entry, and the Difcent happens while he but if there be feveral Tenants poffeffed of the
is within Age, it will not bar him of his Entry: He Freehold, there must be feveral Entries on the feve-
that hath the Right of Entry, muft be of Age, within ral Tenants. Lill. Abr. 515, 516. Special Entry
the four Seas, of found Memory, and if it be a Wo- into a Houfe with which Lands are occupied, claim-
man ſhe muſt be ſole; and if the Party be under ing the Whole, is a good Entry as to the whole
Age, beyond the Seas, Non compos Mentis, in Prifon, Houfe and Lands. Ibid. If a Husband enters to the
or a Feme Covert, at the Time of the Difcent, it Uſe of his Wife; or a Man enters to the Ufe of an
fhall not bar. Lit. 402, 147. 21 H. 6. 17. The Infant, or any other, where the Entry is lawful; this
whole Time from a Diffeifin is confiderable; as fettles the Poffeffion before Agreement of the Par-
where Feme Covert is diffeifed, and her Husband ties: Though it is otherwife where a Perfon enters
dieth, and he takes another Husband, and then a to the Ufe of one whofe Entry is not lawful; for this
Difcent is caft; or if one ultra Mare be diffeifed, vefts nothing in him 'till Agreement, and then he
and he return into England, and then go beyond fhall be a Diffeiſor. 2 Dañv. 787.
2 Dañv. 787. If two Jointe-
Sea again, and there is a Difcent; here the Difcents nants are diffeifed, and the Diffeifor aliens, and one
will bar the Entry, because of the Interim. 9 H. 7. Jointenant enters upon the Alienee to the Use of
24. Dyer 143. 32 H. 8. c. 33. A Woman Tenant in both; this fettles the Freehold in both of them.
Tail took Husband, who made a Feoffment in Fee, Ibid. 788. But if one Coparcener, &c. enters fpe-
and died, and the Wife without Entry made a Leafe cially claiming the whole Land, fhe gains the Part
for Years; and it was held, that the Freehold was of her Companion by Abatement; and it fhall not
not reduced by the Leafe, without an Entry made fettle any Poffeffion in the other. 1 Inft. 243. The
1 Leon. ca. 165. The Entry of a Diffeifee when he Heir is to enter into Lands defcended to him, to
duly makes it, fhall avoid all the mefne Charges by entitle him to the Profits. 1 Inft. 214. If a younger
the Diffeifor upon the Land: But Right of Entry Son enters on Lands in Fee, where the eldest Son
may be loft divers Ways; as by Acceptance of dies having Iffue; though many Difcents are caft
Rent, by him who hath it, and the like. 1 Anderf. in his Line, yet the Heirs of the eldeſt Son
333. Noy Rep. 7. If a Man is diffeifed of Land make an Entry on the Lands; but if the youngest
whereunto a Common is appendant, the Diffeifee Son convey away the Lands in Fee, and the Feoffee
cannot use the common 'till he enters on the Land dies feifed, they may not enter; nor may they en-
to which the Common is appendant; for if the Difter where the youngest Son diffeifes the Eldeft, and
feifee might use it, fo might the Diffeifor, which
would be a double Charge on the Common: Yet if
a Perfon be diffifed of a Manor, to which an Ad-
vowfon is appendant, he may preſent to the Advow
fon before Entry on the Manor. 1 Inft. 122. A Dif
feifee enters into the Land, and continues therein
with the Diffeiſor, and manures it with him, claim-
-
|
1
ay
dies feifed. 1 Inf. 237, 244. Litt. Sect. 397. A Tc-
nant in Tail hath Iffue two Sons, and the Eldeſt
dies, leaving his Wife priviment enfient of a Son, and
the younger Brother enters, and then the Wife of
the Eldeft is delivered of a Son, he may enter upon
the younger Brother. 2 Danv. 557. If a Baſtard
being the eldest Son, enters on Land, and enjoys
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it during his Life; his Entry and dying feifed may In Actions for Recovery of Lands, &c. Entry is to
make a Title to his Heir against the lawful Chil- be made within twenty Years after the Title ac-
dren. 1 Inft. lbid. An Eftate of Freehold will not crued. Stat. 21 Fac. 1. cap. 16. But where a Fine
ceafe, without Entry or Claim: Alfo a Remainder of Lands is paffed, the Entry is to be in five Years.
of an Estate of Freehold cannot ceafe without En-1 R. 3. 4 H. 7. Alfo an Action is to be commenced
try, &c. no more than Eftate of Freehold in Pof-in one Year after the Entry. 4 & 5 Ann. Demand
feffion. Cro. Eliz. 360. A Right of Entry preferves how made of Rent, &c. to entitle Entry, fee De-
a Contingent Remainder. 2 Lev. 35. And a Gran-mand. Sec alfo Claim.
tee of a Reverſion may enter for a Condition bro-
ken. Plowd. 176. If a Perfon will take Advantage
of a Condition, he muft either enter, or make a
And for broken,
Form of a Writ of Entry.
EORGE the Second, &c. To G.
justly, &c. he
actual Entry, to bring Ejectment for Recovery of G Greeting: Command A. B. That'; Sheriff of Ge
Entry ad Communem Legem, Is the Writ of
Entry which lies where Tenant for Term of Life, or
for Term of another's Life, or by the Curtefy, &c.
aliens and dies, when he in the Reverfion fhall
have this Writ against whomfoever is in Poffeffion
of the Land. New Nat. Br. 461.
the Eftate; but where a Man is entitled to enter render to C. D. one Meffuage, &c. which he claims to be
by Difcent, or for Non-payment of Money due on a his Right and Inheritance, and into which the faid A
Mortgage, &c. Entry and Oufter confeffed in the hath not an Entry, but by E. that was the Wife of
Rule in Ejectment, without actual Entry, is fuffi- T. D. who that Meffuage to him demifed; and who held
cient to make the Leafe to entitle the Action. the fame in Dower of the Gift of the faid T. fometime her
1 Lill. Abr. 516. When a Man hath Title to Land, Husband, Father of the faid C. D. whofe Heir he is, as
and is out of Poffeffion, he cannot make a Leaſe of he faith, &c. And unleſs, &c.
it to a Tenant, but by Entering and Sealing the
Leafe on the Land; or impowering others by Let-
ters of Attorney to do it. Dalif. Rep. 81. A Leffee
must enter into Lands demifed to him; and though
the Leffor dies before the Leffec enters, yet he may
enter: And if the Leffee dies before Entry, his Ex-
ecutors or Adminiftrators may enter. The Leffee
may affign over his Term before Entry, having In- Entry ad terminum qui pzeteríít, A Writ of
tereffe termini; but he may not take a Releafe to en- Entry brought againſt a Tenant for Years, who hold-
large his Eftate, or bring Trefpafs, &c. till a&tual eth over his Term, and thereby keeps out the Lef
Entry. Though if there be Words Bargain and Sell for: And if the Husband and Wife leafe the Wife's
in a Leafe, &c. for Confideration of Money, the Land for Years, and the Husband dieth, and the
Leflec or Bargainee is in Poffeffion on Executing Termor holds over his Term, the Wife may have
the Deed, to make a Releafe, &c. Lit. 59, 454. a Writ of Entry ad terminum qui preteriit, &c. but the
1 Inft. 46, 57, 270, Where a Leffor enters on his muft count that fhe and her Husband leafed the
Leffee for Years, the Rent is fufpended. 1 Leon. 110. Land, &c. Alfo the Grantee in Reverfion may
But without Entry and Expulfion, the Leffee is not have this Writ against the Leffee, or his Affignee,
difcharged of his Rent to the Leffor; unless it bec. New Nat. Br. 447, 448.
-
aliens in Fee, &c. he in Reverfion may have this
Writ, by Stat. Weftm. 2. cap. 24. See Cafu Confimili.
where the Leffor is attainted of Treafon, &c. that Entry in cafu confimili, Is a Writ that lies
the Rent is to be paid to the King, who is in Pof-where Tenant for Life, or Tenant by the Curteſy,
feffion without Entry. Sid. 399. 1 Nelf. Abr. 706.
There is no need of Entry to avoid an Estate in
Cafe of a Limitation, becaufe thereby the Eftate is Entry in cafu Povilo, Lies where Tenant in
determined without Entry or Claim; and the Law Dower aliens in Fee, or for Term of Life, or of
cafts it upon the Party to whom it is limited. If 4. another's Life; then he in the Reverfion fhall have
devifes Lands to B. and his Heirs, and dies, 'tis in this Writ, provided by the Stat. of Glouc. 6 Ed. 1.
the Deviſee immediately; but 'till Entry he cannot cap. 7. By which Statute it is enacted, That if a
bring a poffeffory Action: And where a Poffeffion Woman alien her Dower in Fee, or for Life, the
vefts without Entry, a Reverfion will veft without next Heir, &c. fhall recover by Writ of Entry.
Claim. 2 Mod. Rep. 7, S. A bare Entry on another, And the Writ may be brought against the Tenant
without an Expulfion, makes only a Seifin; fo that of the Freehold of the Land, on fuch Alienation,
the Law will adjudge him in Poffeffion who hath during the Life of the Tenant in Dower, . New
the Right. 3 Salk. 135. If a Perfon who hath Ti-Nat. Br. 456. Thefe Writs of Entry may be all
tle of Entry, finds an Houfe open with no Body in brought either in the Per, or in the Cui or Poft.
it, and enters into it, and keeps Poffeffion; this is Entry line affenfu Capitali, Is a Writ of Entry
no forcible Entry: Contra if any Body is in it. Com-that lies where a Biſhop, Abbot, &c. aliens Lands
mon Law Com. Plac'd 186. Where a Perfon is in a or Tenements of the Church, without the Aſſent of
Houſe with Goods, &c. the Houfe may be enter'd the Chapter or Convent. F. N. B. 195.
when the Doors are open, to make Execution. Cro.
Eliz. 759. But it must be averred that the Goods
were in the Houfe, Lutw. 1434, 1428. And a Man
cannot enter into a Houfe, the Doors being open,
to demand a Debt, unless he aver that the Debror
is within the Houfe at the fame Time. Cro El.
876. Entry may be made on a Tenant
Rent is in Arrear, to take a Diſtreſs, &c.
der to regain Poffeffion of Lands by Entry, &c. the
Manner of Entry is thus: If it be a Houfe, and the
Door is open, you go into it, and fay thefe Words.
Enure, Signifies in the Law to take Place, or be
available; and is as much as effectum: As for Ex-
ample; A Releafe made to Tenant for Life, fhall
enure, and be of Force and Effect to him in the Re
verfion. Litt.
Codozbzice; (from the Sax. Eodor, a Hedge, and
where Brice ruptura) Hath been ufed for Hedge-breaking:
In Or-In which Senſe
In Or-In which Senſe it is mentioned in the Laws of King
Alfred, cap. 45.
Eozle, Sax. for Earl, &c. though made Ufe of by
the Danes for Barons. See Earl.
Epimenia, A Word fignifying Expences or Gifts.
Blount.
Epiphany, The Day when the Star appeared to
the Wife-men at Chrift's Nativity, generally called
Twelfth-Day.
I do here enter, and take Poffeffion of this Houfe:
But if the Door be shut, then fet your Foot on the
Groundfel, or against the Door, and fay the before
Words: And if it be Land, then go upon the Land,
and fay, I here enter, and take Poffeffion of this Land,
&c. If another do it for you, he muſt ſay, I do Epifcopatía, Synodals, or other cuftomary Pay-
kere enter, c. to the Use of A. B. And it is necefments from the Clergy to their Bishop or Diocefan:
fary to make it before Witneffes, and that a Me- Which were formerly collected by the rural Deans,
morandum be made of it. Lit. 385. 1 Inst. 237, 238. and by them tranfmitted to the Bishop, Epif
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copalia reddat, vel reddere faciat de Ecclefiis Decanatus | Mortgagee, Law of Securities, pag. 129, 133. A Fine
fui, &c. Mon. Angl. Tom. 3. pag. 61. Thefe cufto and Nonclaim will bar Equity of Redemption: But in
mary Payments have been otherwife called Onus Ea common Mortgage, a Covenant to reſtrain it
pifcopale; and were remitted by fpecial Privilege to
free Churches and Chapels of the King's Founda-
tion, which were exempt from Epifcopal Jurifdic
tion. Kennet's Gloſſ.
:
fhall not be regarded in Chancery. 2 Vent 365. If
the Condition of a Mortgage is, that the Mortgagor
only fhould redeem during Life, or that he and the
Heirs of his Body fhall do it; yet the general Heir
Epilcopus Duerozum. It was a Cuftom in for- fhall have the Equity of Redemption, for if the Prin-
mer Times, that fome Lay Perfon about a certain cipal and Intereft be offered, the Land is free. 1
Feaft fhould plait his Heir, and put on the Gar-Vern. 33, 190. And it is held tho' a Bond be con-
ments of a Bishop, and in them to exercife Epifcopal ditioned, that if the Money be not paid at ſuch a
Jurifdiction, and do feveral ludicrous Actions, for Time, then for a further Sum, the Mortgagee fhall.
which Reafon he was called Bishop of the Boys And have the Land abfolutely, as a Purchafer, &c. in
this Cuſtom obtained here long after ſeveral Confti- fuch Cafe a Man may alfo redeem. Ibid. 488. A Per-
tutions were made to aboliſh it. Mon. Angl. Tom.fon who has Mortgaged Lands to one Man, in Cafe
3. pag. 169,
he Mortgages the fame Land with fome others to
Equality, The Law delights in Equality; fo that another, and this appears to be a Contrivance to
when a Charge is laid upon one, and divers ought evade the Statute, the Mortgagee fhall not take
to bear it, he fhall have Relief against the Reft. Advantage thereof. 2 Vern. Rep. 589. See Barnardift.
2 Rep. 25. And where a Man leaves a Power to 101. Where Perfons having once mortgaged Lands,
his Wife, to give an Eftate aniong three Daughters, mortgage the fame a fecond Time, without difcover-
in fuch Proportions, as fhe fhall think fit: It has ing the firft Mortgage, they forfeit their Equity of
been held the muft divide it equally; unless good Redemption, and the fecond Mortgagee may redeem,
Reafon be given for doing otherwile. Preced. Canc. &c. And it is the fame where any Perfons bor-
256. See Contribution.
rowing Money, enter a Judgment, c. for Se-
curity, and afterwards borrow more Money, and
mortgage Lands to the fecond Lender, without gi-
ving Notice of the Judgment, or paying the fame
off in fix Months, c. by Stat. 4 & 5 W. & M.
་
Equus Coopertus, A Horfe equipp'd with Saddle
and Furniture. Inveniendo pro quelibet Feodo unum
Equum. Coopertum, vel duos Difcooperios, &c. Ing.
16 E. 1.
Ermins, (From the Fr. Ermine) A Fur of great
Value, much ufed in Robes of State.
Ern, The Names of Places ending in Ern, is ſaid
to fignify a melancholy Situation;" from the Sax.
Ern, i. e. Locus Secretus.
ern is in fome Places to glean. Kennet's Gloff.
Errant, (Itinerant) Is applied to Juftices of the
Circuit, and Bailiffs at large, &c. See Eyre.
Erraticum, A Waif, or Stray; Erring or wander-
ing Beast. Conftit. Norman. A. D. 1080.
Eques Juratus, (Lat.) Is taken for a Knight;
becauſe anciently none but Knights were allowed to
beautify and gild their Armour with Gold: But this
Word is rather ufed by the Heralds than Lawyers;
for Eques Auratus is not a Word in our Law for c. 16.
Knight, but Miles, and formerly Chevalier. 4 Inft. 5. Equivalent, Commiffioners are appointed by Sta-
Equity, (Equitas, quafi qualitas) Is defined to tute to Examine and State the Debts due to Scotland
be a Correction, or Qualification, of the Law geon the Union by way of Equivalent; and Provision is
nerally made, in that Part wherein it faileth, or is made for Payment of the fame by a yearly Annuity,
too fevere. And likewife fignifics the Extenfion of &c. 1 Geo. I. c. 27. 5 Geo. 1. Vide Scotland.
the Words of the Law to Cafes unexpreffed, yet
having the fame Reafon; fo that where one Thing
is enacted by Statute, all other Things are enacted
that are of the like Degree; For Example; The
Statute of Glouc. gives Action of Waſte against him
that holds Lands for Life or Years; and by the E
quity thereof, a Man fhall have Action of Waſte a-
gainst a Tenant that holds but for one Year, or Half-
Year, which is without the Words of the A&t, but with
in the Meaning of it; and the Words that enact the Ernes, The loofe fcattered Ears of Corn, that
one, by Equity enact the other. Terms de Ley 303, 304. Fare left on the Ground, after the Binding or Cock-
So that Equity is of two Kinds; the one doth abridge ing of it: It is derived from the old Teuton. Ernde,
and take from the Letter of the Law; and the other Harveft; Ernden, to cut or mow Corn: Hence to
inlarge and add thereto. Equitas eft perfecta quadam
Ratio, que Jus fcriptum Interpretatur & Emendat. 1 Inft.
24. And Statutes may be conftrued according to
Equity; efpecially where they give Remedy for
Wrong, or are for Expedition of Juftice, . i Inft.
24, 54, 76. 2 Inft. 106, 107, &c. Equity feems to be Erroz, (Fr. Erreur) Significs an Error in Plead-
the Interpofing Law of Reafon, exercifed by the Lord ing, or Procefs, &c. whereupon the Writ which is
Lording,
Chancellor in extraordinary Matters, to do equal Fuftice, brought for Remedy of this Overfight, is called a
and by fupplying the Defects of the Law, give Re Writ of Error, in Lat. De Errore Corrigendo. And a
medy in all Cafes. See Chancery.
Writ of Error is a Writ which iffucs out of Chancery,
Equity of Redemption, on Mortgages. If where and lies where any one is grieved by the Procced-
Moncy is due on a Mortgage, the Mortgagee is de-ings and Judgment in any Court of Record, having
firous to bar the Equity of Redemption, he may oblige Power to hold Plea of Debt, or Trefpafs above 40s.
the Mortgagor either to pay the Money, or be fore-It is returnable in the King's Bench; and if upon the
clofed of his Equity; which is done by Proceedings Tranfcript of the Record into B. R. it appears to
in the Court of Chancery. But the Chancery can- the Court that there is Error in the Record or Pro-
not fhorten the Time of Payment of the Mortgage cefs, or in giving of Judgment, then the Judgment
Money, where it is limited by exprefs Covenant; is reverfed: But if there appear to be none, then is
though it may lengthen it: And then upon Non the Judgment affirmed with double Cofts. 1 Lill. Abr.
payment, the Practice is to foreclofe the Equity of 518. This is borrowed from the French Practice,
Redemption, of the Mortgagor. 2 Ventr. 364. To which is called Propofition de Erreur, and lies in great
foreclofe the Equity, a Bill in Chancery is exhibited; Diversity of Cafes: Alfo there is a Writ of Error to
to which an Anſwer is put in, and a Decree being reverfe a Fine, &. Erroneous Judginents given in
obtained, a Mafter in Chancery is to certify what is the Court of B. R. were only reformed by the Par-
due for Principal, Intereft and Cofts, which is to be liament till the Stat. 27 Eliz. cap. S. By that Sta-
paid at a Time prefixed by the Decree, whereupon tute, a Writ of Error lies out of the Chancery upon
the Premiffes is to be reconveyed to the Mortgagor; all Judgments given in the King's Bench, when the
or in Default of Payment, the Mortgagor is or- Suit is by Bill, (except the King is a Party to the
dered to be foreclofed from all Equity of Redemption, Suit) returnable in the Exchequer Chamber, before
and to convey the Premiffes abfolutely to the the Judges of the Common Pleas, and Barons of the
-
Exche-
:
5.
ER
ER
I
Confent of Parties, it may be reverſed in the Ex-
chequer Chamber; for Conſent of Parties may not
change the Law; but if the Confent is entered up-
on and made Part of the Record, it may be good.
Hab. 5. Cro. El. 664 The Reverfal in the Exche-
quer Chamber, is res Judicata: No Writ of Error
lies upon fuch Judgment, except in Parliament;
and it is by fix Judges at leaft, by the Statute 27
Eliz. c. 8. and 31 Eliz. It has been held, that an
Error in Fa&t cannot be affign'd in the Exchequer
Chamber: Though by fome Authorities, Errors in
Exchequer, &c. who may examine the Errors, and
reverſe or affirm the Judgment; other than for
Errors concerning the Jurifdiction of the Court, or
Want of Form in Writs, Pleadings, &c. and after
the Errors are examined, and Judgment affirmed or
reverfed, the Record is fent back to the King
Bench, to proceed and award Execution: But if the
Suit is by Original Writ, or on Qui tam, &c. where
the King is Party, Writ of Ervor lies only to the
Parliament, Stat. Ibid. To reverfe a judgment
given in the Court of Common Pleas, the Writ of Er-
ror is made returnable in the King's Bench; and Ex-Fa&t may be affigned as Errors in Law: 2 Mod. 194.
ror is not to be brought in Parliament: Tho' where 2 Nelf. Abr. 70S. Error de Recordo quod coram vobis
a Writ of Error is brought in R. R. upon a Judgment Refidet lies in the Court of B. R. for Errors in Fact
given in C. B. and the Judgment is reverfed or af in the Judgment of the fame Court; as Nonage of
firmed in B. R. the Party grieved may have Writ the Partics, want of an Original, c. which doth
of Error returnable in Parliament. 31 Eliz. c. 1. 1 not proceed from the Error of the Judges, and this
Lill. Abr. 519, 521. Erroneous Judgment in the Writ is allowed without Bail: But a Writ of this
Court of Exchequer, is to be examined by the Lord Kind doth not lie for Error in Matter of Law, when
Chancellor,&c. with fome of the Juftices, and fuch it would be reverfing their own Judgments. Cro. Fac.
other fage Perfons as they think fit; and if any 254. And Errors in Fact may be corrected in Č. B.
Error be found, they fhall correct the Rolls, and the fame Term, without this Writ, which lies not
fend them into the Exchequer, in order to make in the Exchequer Chamber. Ibid 620. If Judgment
Execution, &c. Stat. 31 Ed. 3. cap. 12. Not only on is given in B. R. in civil Actions, a Writ of Error
reverfing or affirming a Judgment, the Exchequer will not lie in the fame Court, only for Errors in
Chamber is to fend back the Record into B. R. but Fact triable by a Jury; but upon a Judgment in Cri-
alſo if the Plaintiff in the Writ of Error is nonfuit,minal Cafes, Error will lie in B. R. whether the
or if the Suit is difcontinued in the Court of Ex- Error be in Fact or in Law; though it lies alſo in
chequer Chamber, the Record fhall be fent back; Parliament. 3 Salk. 147. Where a Judgment in C. B.
and the Court of Exchequer fhall give Cofts and is affirmed upon a Writ of Error in B. R. and after-
Damage to the Plaintiff in the original Action for wards a Scire fac. is brought on that Judgment, and
his Delay, c. though if the Plaintiff in Error was the Plaintiff hath Judgment thereon; no Writ of
Plaintiff in the original Action, there no Cofts fhall Error lieth in the Exchequer Chamber, becaufe the
be given. 2 And. 122. 2 Nelf. Abr. 707. Where a Record was not in B. R. by Bill, but by Writ of
Writ of Error determines in the Exchequer Cham- Error. 1 Roll. Rep. 264. 3 Salk 148. On Judgment
ber, by Abatement or Difcontinuance, the Judg given in the Court of King's Bench in Ireland,
ment is not again in B. R. till a Remittitur is entred. even after Error brought and determined there,
1 Salk. 261. Writ of Error will not lie in the Exche Writ of Error may be fued in the King's Bench in
quer Chamber upon a Judgment in B. R. but in England. 2 Nelf 730. When Judgment is given in
Actions of Debt, Detinue, Trefpafs on the Cafe, B. R. for the Plaintiff in Errors, there fhall be on-
Covenant and Ejectment; which are the Actions ly a Judicium Revocetur, &c. entered with Cofts: If
mentioned in the Stat. 27 Eliz. A Writ of Error for the Defendant in Errors, that the Plaintiff Nil
lies not in the Exchequer Chamber on Judgment in capiat per Breve fuum de Errore. The Chief Juftice
Replevin in B. R. nor on Judgment in Action of of B. R. &c. or the eldest Judge ought to allow a
Scandalum Magnatum. 2 Nelf. 708, 709. But on Judg. Writ of Error; which is in Judgment of Law a Su-
ment in Replevin in C. B. there may be Writ of Er-perfedeas until the Errors are examined, and the
ror brought in B. R. The Stat. 27 Eliz. c. S. is only Judgment affirmed or reverfed. Crc. Fac. 534. As
to relieve on the Merits of the Caufe, as it food a Plaintiff having erroneous Judgment, may reverfe
on the first Judgment, and there can be no new it; and new Judgment may be given for him: So
Writ of Errer after that Judgment is affirmed or re- if a Judgment is reverfed, the Plaintiff may bring a
verſed; ſo that if the Merits of the first Judgment new A&tion for the fame Caufe. I Lev. 310. Where
be examined before a Scire facias brought, the Ex- a Judgment is pleaded, in Bar of another Action,
chequer Chamber having executed their Power, can. and Judgment given on that Plea; Writ of
do nothing in it. 1 Salk. 263. The Exchequer Cham- Error may be had to reverfe the fecond Judgment.
ber doth not award a Sci. fac. ad audiend. Errores; but Cro. Eliz. 503. Fenk. Cent. 259. And Debt lies upon
Notice is given to the Parties concerned. 1 Vent. 34. a Judgment in B. R. after a Writ of Error brought;
And the Court of Exchequer Chanber have not a- which is only a Superfedeas to the Execution. Lev.
ny Authority, but to reverfe or affirm the Judg- 153. Writ of Error cannot be brought on any Re-
ment, &c. for they cannot make Execution. Cro. El cord which is not a Judgment. 1 Salk. 145. · And
108. But where Judgment is given for the Defen- Error lies not on an interlocutory Judgment;
dant, and the Plaintiff brings a Writ of Error; if it muſt be a final Judgment after Verdi&t,
the Judgment is reverfed, the Court which reverfes &c. A Writ of Error may not be brought to re-
the Judgment fhall give Judgment for the Plaintiff, verfe a Judgment by Default, before a Writ of
as the other Court ought to have done. Telv. 117, Inquiry of Damages iffues and is executed, that the
118. In the Exchequer Chamber, after Reverfal of Verdia of the Jury and interlocutory judgment
a Judgment, &c. in B. R. the Court gave Judgment, may be made a perfect final Judgment, upon which
quod Quer. recuperet, &c. but becauſe they wanted alone a Writ of Error must be brought. i Lill. 522.
Power to award a Writ of Enquiry which was ne- But on Judgment by Default in Ejectment, it lies
ceffary, being on a Demurrer, therefore it was fent before a Writ of Inquiry of Damages, and Judg-
back into B. R. for the Execution of that Writ, and ment thereupon; becaufe in this Cafe the Judg-
thereupon to give final Judgment: But if the Judgment already is perfect to recover the Term. Latch
ment is against the Plaintiff in B. R. upon a Special
Verdict, and that Judgment is reverfed in the Ex-
chequer Chamber, there being no Writ of Enquiry
requifite, the Court of Exchequer Chamber doth
not only give Judgment of Reverfal, but a com-
pleat Judgment for the Plaintiff in the Action.
Carthe ISI. If erroneous Judgment be had by
212. When a Writ of Error is brought to reverfe a
Judgment in an inferior Court, though the Record
is not certified as it ought, yer Execution cannot
be fued; but on Certificate of the Neglect, &c. a
Writ of Executione Fudicii may be iffued. 1 Lill. Abr.
526. Upon a Writ of Error, if the Clerk below
will certify the Record wrong, A&tion of the
Cafe
1
ER
ER
A
a.
Cafe lies againſt him; and if he make no Re-entered: And the Manner of affigning Errors, ac-
turn, the Plaintiff may have the Writ Executi- cording to the antient Practice, is to put a Bill in-
one Judicii out of Chancery. Mod. Caf. 245. If er- to the Court, and fay in the Bill, in hoc Erratum eft,
roneous Judgment be for the Defendant in an infe- &c. fhewing in certain in what Things. F. N. B. 20.
riour Court, and it is reverfed in B. R. and the Me- The Affignment of Error, in Omnibus Erratum is not
rits appear for the Plaintiff, he fhall have Judg-good; for the Judgment is founded upon the ori-
ment, but if the Merits be against the Plaintiff, ginal Writ, Count, Pleading, Iffue, Procefs, Trial,
the Defendant fhall have new Judgment, in like and fo is manifold. Fenk. Cent. $4. Errors not af
Manner as in the Exchequer Chamber; for the figned in the Record, may be affigned after a Sci.
Judges are to reform, as well as to affirm or reverfe. fac. ad audiend. Errores; as the Record is in Court;
Fareft. Rep. 2, 3. If a Writ of Error to reverfe a but 'tis not fo of a Warrant of Attorney, which is
Judgment be difcontinued for Want of Profecution; in an Error in Fact, and not upon Record. Ibid.
Execution cannot be had upon the Judgment, un 140. 5 Rep. 37. If one in Execution brings Error,
til the Discontinuance is certified from the Court he ought to affign the Errors in his proper Perlon;
where difcontinued. 1 Lill. 518. The Want of a Bill And in Cafes of Outlawry for Felony, Errors fuffici-
in B. R. is Error upon a Judgment by Confeffion, ent must be certainly alledged in Writing, before
or Default, (but not after a Verdict) becauſe the the Writ of Error is allowed. Fenk. Cent. 179, 165.
Bill is the original Procefs there. Ibid. For Vari- Where a Recovery is had and Error brought, if the
ance between the original Writ and Declaration; original Writ doth not abate by Death; but is a-
or Want of an Original: And where Proceedings bateable only, as by Entry into the Land pending.
are ſo erroneous, as not to be amended; for Faults the Writ, or Coverture, Acquifition of a Dignity,
in Verdicts, Executions, &c. And when any Thing a partial Array returned, Aid denied, &c. that
material is omitted in a Judgment, Writ of Error fhould have been pleaded, and were not: Thefe
lies, and the Judgment fhall be reverfed: So where fhall not be affigned for Error; for they are waved,
the Stiles of inferior Courts are wrong or infuffi- because no Exception was taken to the Writ. 9 Rep.
ciently named, &c. their Judgments may be rever-47, 21 H. 6. 29. The Party bringing a Writ of Error
fed. But where Faults are fmall, they fometimes is to caufe the Roll where the Judgment is entered
pafs as Vitium Clerici. 2 Nelf. Abr. 714, 715, 721, c.
728. After In nullo eft Erratum pleaded, the Party
affirms the Record to be perfect, and he is foreclo-
fed to fay there is Error in it: Though the Court
is not refrained from examining into it. I Salk.
270. The Judges are not bound to fearch for Er-
rors in the Record, which were not affigned; but
may if they will; and if they find Error, they
ought to reverfe the Judgment. Fenk. Cent. 159. If
a Writ of Error is brought to remove a Record of
a Judgment given in C. B. and the Plaintiff in Er-
ror leaves the Record there, without removing it
before the Return of the Writ; or in Cafe there
be a longer Return-Day than is convenient in the
Writ of Error, as if it is purchafed the Beginning of
Michaelmas Term, and made returnable in Hillary
Term; the Court may award Execution, although
the Writ of Error be delivered. Fenk. Cent. 180. Dyer
245. In Writ of Error, when the Record comes
into Court, if the Plaintiff all that Term do not
affign his Errors; or if he do it, and omit to fue a
Scive facias ad audiendum Errores, against the Defen-
dant in Errors, returnable the fame Term, or the
next, all the Matter is difcontinued; and the next
Term a new Writ of Error is to be fued out upon
the Record directed to the fame Juftices, &c. F. N. B.
20. If he that brings Writ of Error, difcontinues
before the Defendant in the Writ of Error pleads to
it, he may have a new Writ of Error; but if he dif-
continue after the Defendant hath pleaded In nullo
eft Erratum, he may not have a new Writ. 1 Lill. 522.
'The Parties upon the Removal of the Record by
the Writ of Error, have no Day in Court given
to either of them; fo that if the Plaintiff in Error
delay to fue forth his Sci. fac. ad audiend. Errores, the
Defendant hath no Way to compel him, but by
fuing out a Sci. fac. quare Executionem non, &c. And
if thereupon the Plaintiff in Error doth not plead
that his Errors are affigned, but fuffer Judgment to
pafs upon two Nihils, no Errors afterwards affigned
fhall prevent Execution. Carthew's Rep. 41. But
'tis faid the ufual Practice is, that the Defendant in
the Writ of Error, by Confent doth voluntarily take
Notice of the Affignment of Errors, and this Con-
fent is teftified by his Pleading In nullo eft Errat. and
then there is no Occafion for a Sci. fac. ad audiend.
Error'. Ibid. Errors are to be affigned in the Term,
or the Writ of Error will be quafhed. 1 Lill. Abr.
524. When the Record is in Court by Writ of Er
ror, the Plaintiff in Errors is to affign his Errors;
and may have a Scire facias before the Record is
་
•
to be marked with the Word Error in the Margin,
that the other Party may have Notice on the Re-
cord that the Writ of Error is brought, and this
Marking of the Roll, on giving Notice thereof, is
as it were a Superfedeas in it felf to hinder Exccu-
tion: Though a Superfedeas is to be made out, al-
lowed with the Sheriff of the County: And the
Plaintiff's Attorney is not obliged to fearch the
Record, whether Writ of Error is brought or not;
but may make out Execution upon the Judgment,
if no Superfedeas be taken forth, or he have no No-
tice of the Writ of Error. Trin. 24 Car. B. R. The
Affigning general Errors is to fay that the Declara-
tion, & is not fufficient in Law; and that Judg
ment was given for the Plaintiff, where it ought
to have been for the Defendant: And the Errors
of a Judgment are now to be affign'd on the Re-
cord, to appear with it to the Court. It muſt ap-
pear in the Record, that Judgment was given for
a Matter out of the Jurifdiction of the Court, for
the Plaintiff in Error to affign that for Error. And
that fhall never be affigned for Error which might
have been pleaded to the Action. Roll. Rep. 50, 88.
1 Lill. 523. A Judgment can't be reverfed in Part,
and ftand good as to other Part; or be reverfed as
to one Party, and remain good against the Reft:
Tho' if there be Error in awarding Execution, the
Execution only fhall be reverfed, and not the
Judgment. Hob. 90. The Judgment is an entire
Thing, and therefore it cannot be reverfed in Part,
and affirm'd in Part; but if 'tis Erroneous as to any
Part, the entire Judgment must be reverfed. Carth.
Rep. 235. If Judgment is entered againft joint De-
fendants, when one of them is dead, the Judgment
fhall be reverfed for Error as to all of them; for in
fuch Cafe the Plaintiff ought to make a fpecial En-
try of the Death of the Party, with Nihil ulterius
verfus eum fiat, and then take Judgment only againſt
the others. Ibid. 149. Any Perfon damnified by
Error in a Record, or that may be fuppofed to be
injured by it, may bring Writ of Error to reverfe
it, whether he be Party or no; but Principal and
Bail cannot join in a Writ of Error: And where
there are feveral Defendants, if one of them releaſe
the Errors, he may be fummoned and fevered, and
the others may reverſe the Judgment. 6 Rep. 26. Hob:
72. By Statute, he that brings Writs of Error to
reverfe a Judgment in a fuperior Court, in all Cafes
after a Verdi&t, or in any Action of Debt, upon
Bond for Payment of Money only, or on a Contract,
muft put in good Sureties to profecute his Writ of
Error
5
ER
ER
脊
​!
fuch
Error with Effect, and pay the Debt and Damages ifed for any Defect or Fault in Form or Subftance,
Judgment be affirmed: But inferior Courts, as well in any Bill, Writ, &c. or for Variance in any
upon Verdicts as other Judgments by Default, &c. Writs from the Declaration or other Proceedings:
have their Writs of Error allowed without putting in But this is not to extend to any Appeal of Felony,
Bail, they being omitted in the Statute 3 Fac 1. c. 8. or Procefs on Indictments, Informations, &c. Sec
If Bail be not put in, on the Writ of Error brought Judgment.
upon a Judgment in the Courts at Westminster, the Error in the King's Bench is thus profecuted: The
Writ of Error is no Superfedeas to the Execution; Curfitor of the County makes out the Writ of Er-
though fuch Writ is in Being until a Nolle profequi ror, from a Precipe or Copy of the Declaration left
is entered, or Judgment affirmed, &c. And it is the with him; which is to be allowed with the Clerk of
fame where infufficient Bail is given, on Rule to the Errors, who has a Fee of 21. 2s. 6d and a
put in better Bail, or juftify thofe put in; which if Certificate of the Allowance of the Writ muft be
the Plaintiff doth not do, Execution is ordered up- ferved on the Defendant's Attorney in Error; alſo
on the Judgment, with a Non obftante to the Writ of the Plaintiff's Attorney in the Action, is to procure
Error, &c. Mich 9 W. B. R. A Plaintiff in Error is, an Original to warrant his Judgment; and Warrants
in the Time appointed by the Rule for that Pur- of Attorney, must be filed, and Bail put in, where
pofe, to certify the Record into B. R. or the Court required, &c. And then the Proceedings are by
will grant a Nolle Profequi on the Writ of Error. Sci. fac. ad audiend. Errores against the Plaintiff in the
Mich. 22 Car. B. R. A Writ of Error is a Commif- A&tion, whereon Judgment was obtained; and the
fion, 'tis not an Action: Error in Procefs by the Writ of Error being received by the Sheriff to
Fault of Clerks in B. R. is not reverſible though in whom dire&cd, he is to give Notice to the Plaintiff
the fame Term, without Writ of Error; it is other in Error to fhew Caufe why Execution fhould not
wife in C. B. But Writs of Error remove only the be on the Judgment, and make a Return to that
Record and Process; not the Original, which re-Purpofe; then a Rule is to be given with the Clerk
mains filed with the Cuftos Brevium. Jenk. Cent. 116, of the Rules for the Plaintiff in Error to affign his
25. In Error it was faid that B. R could not reverfe Errors by ſuch a Day, which if he fhall not do be-
a Judgment given in another Court, unless theyfore the Rule is out, the Plaintiff in the original
could give the fame Judgment that Court fhould Action may take out Execution against him. If the
have given; which in this Cafe they might not, by Plaintiff in Error affign Errors in the Record, then
Reafon the Plaintiff in the original Action was dead: the Defendant muft plead In nullo eft Erratum, and
But by Holt, C. J. If this Court cannot give like thereupon enter the Caufe with the Clerk of the
Judgment, as that below fhould have done, 'tis be- Papers, for the Errors to be argued; and Paper
caufe the Suit by the Death of the Plaintiff there Books for the Counfel and Judges, are to be made
is abated; but the Judgment may nevertheleſs be our, c. If fome Part of the Record be not re-
reverfed here, and by Reverfal the Executor is re- turned, a Certiorari must be prayed to bring it into
ftored to his A&tion. Trin. 5 Ann. The Court will Court; and if Matters of Fact are alledged in Er-
not let the Plaintiff in Errors quafh his own Writ of ror, as Nonage, Death of the Plaintiff, &c. a pro-
Error; though they may grant Leave to difcontinue per Plea muit be made thereto, and Iffue thercup-
it. 5 Mod. 67. If a Verdi& is for a Defendant in
for a Defendant in on taken and tried as in any other Iffue: But if
Errors, and Judgment is affirm'd, Cofts are allow'd only Matters of Law are affign'd, the Errors are ar-
by Stat. 3 H. 7. c. 10. occafione dilationis Executionis.gued by Counfel on both Sides, and the Judgment
And by 45 Ann. c. 16. Upon quafhing Writs of is either reverfed or affirmed: And when Judgment
Error, for Defect or Variance from the Record, &. is affirmed, the Defendant in Error may proceed a-
the Defendant is to have Cofts as if Judgment were gainft the Defendant in the Action, by taking our
affirm'd. When Writ of Error is not in dilatione Execution on the Affirmetur, or bringing A&tion of
Executionis, as where it is brought after the Execu- Debt on the Judgment; or he may profecute the
tion is executed, the Plaintiff fhall not have Da-Bail by Sci. fac. upon their Recognizance. 2 Vol.
mages and Cofts. Cro. Fac. 636. No Perfon can Mod. Ent. Eng. 373, 378. When a Judgment is re-
reverſe a Thing for Error, unless the Error be to his verfed or affirmed in the Exchequer Chamber, the
Prejudice. 5 Rep. 38. One in Remainder may have Tranfcript of the Record thereof will be remitted
Writ of Error upon Judgment given against Tenant back to this Court, to be entered up at the End of
in Tail But he in Reverfion or Remainder fhall the Judgment here: And if fuch Judgment fhall be
not have Writ of Error, in the Life-time of Tenant affirmed in the Exchequer Chamber, yet a Writ
for Life, on Judgment given against fuch Tenant of Error may be brought thereupon returnable in
becauſe they cannot be Parties grieved in his Time. Parliament. Practif. Solic. 252, 253. If you would
2 Nelf. Abr. 712. Where a Plaintiff in Error dies, bring a Writ of Error in Parliament to reverſe a Judg-
the Writ abates; but 'tis faid nor where the Defen- ment in B. R. there must be a Petition to the King
dant dies. Yelv. 112. By 30 Car. 2. c. 6. In Actions for his Warrant, which Petition has the Allowance
real, perfonal, and mix'd, the Death of either Par- of the Attorney General, and then the King writes
ty between Verdict and Judgment, fhall not be al- on the Top of it Fiat Juftitia; whereupon a Writ
Jedged for Error. No Fine or Recovery, nor any of Error is made out by the Clerk of the Errors,
Judgment in a real Action, c. fhall be reverfed (who hath 4 1. Fee, and the King's Warrant cofts
for Error, except the Writ of Error be commenced 5 1.) And then the Lord Chief Justice of this Court
within twenty Years, faving the Right of Infants, carries the Record, and a Tranfcript thereof, up
c. 10 & 11 W. 3. c. 14. Writ of Error lies in to the Houfe of Lords in full Parliament, and af-
B. R. to reverſe a Fine levied in the Common Pleas,
and to cancel the fame if it be erroneous: And if
there be not an Original; or not proper Writs of
Covenant, or if there be any Fraud, c. Writ of
Error may be brought to make the Fine void. 1 Inft.
9. By Stat. 5 Geo. I. c. 13. it is enacted, That all
Writs of Error, wherein there fhall be any Variance
from the original Record, or other Defect may be
amended by the Court, and made agreeable to the
Record: And where any Verdi&t hath been given,
in any Aation, Suit, &, in any of his Majesty's
Courts at Westminster, or other Court of Record,
the Judgment thereon fhall not be ftayed or revers
into
-
ter they are examined there, leaves the Tranfcript
with the Lords, but brings back the Record: And
this being done, the Attorney for the Defendant
in Errors, gets fome Lord to move that the Plaintiff
in Errors inay affign his Errors; but if for the Plain-
tiff, Motion is to be made that upon his affigning
Errors, the Defendant may appear and make his
Defence, and Counfel be heard on both Sides: Then
after the Judgment is either affirmed or reverſed,
the Clerk of the Parliament remands the Tranfcrip
of the Record into B. R. with the Affirmation or
Reverfal thereof, to be entered upon the Record
of the faid Court, which Court, if, affirmed, awards
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Execution,
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At which
Execution, &c. Dyer 385. Practif. Attorn. Edit. 1. when by the Law of the Land, that Judgment ought to
P. 117 A Writ of Error in Parliament, is made re- have been given for the fame A. B. againſt the ſaid C. D.
turnable immediately; or on a Prorogation, ad prox- therefore in that it is manifeftly erred; alfo it is erred in
imum Parliamentum And it doth not determine by this, that where by the Record and Process aforefaid it
a Prorogation. But if a Parliament is diffolved appears, &c. yet the faid, &c. and therefore in that it
before the Errors are heard, it is otherwife: And on is manifeftly erred: And the Said A. B. prays the Writ
Motion, Execution hath been granted in B. R. on of the faid Lord the King, to provide for the faid C. D.
a Judgment in fuch a Cafe, the Record being ne- being before the faid Lord the now King, to hear the Re-
ver out of the Court. Raym. 5. 2 Nelf. Abr. 731. cord and Procefs aforefaid; and it is granted to him, &c.
To bring a Writ of Error in the King's Bench here By which it is commanded to the Sheriff aforefaid, that by
in England to reverſe a Judginent given in the King's honest and lawful, &c. he cauſe the ſaid C. D. to know,
Bench in Ireland, a Writ must be procured from the that he may be before the Lord the King, in fifteen Days.
Curfitor, directed to the Chief Juftice of the Court from the Day of Eafter, wherefoever, &c. to hear the
of B. R. in Ireland, requiring him to fummon the Record and Procefs aforefaid, if, &c. and further, &c.
Plaintiff in the Action there, to appear here in this The fame Day is given to the faid A. B. &c.
Court, to Answer the Errors; whereupon a Tran-Day, before the faid Lord the King at Westminster
fcript of the Record is fent over, (not the Record came the faid A. B. by his Attorney aforefaid, and the
itself of the Judgment which remains in Ireland) Sheriff bath not thereof fent the Writ; and the faid C. D.
and when the Errors are argued, if the Judgment is being folemnly required to come at the fame Day, likewife
reverfed, there must go a Writ to the Chief Justice by, &c. bis Attorney came; upon which the faid A. B.
of Ireland to reverfe it; fo that the Judgment is not as at firft faith, That in the Record and Process afore
actually reverfed here, but there. And where the faid, and alfo in the rendering of the Fudgment aforesaid,
Judgment in Ireland is affirmed here, there can be it is manifeftly erred, alledging the Errors aforefaid by
no Writ of Execution granted here; but on Affir-him in Form aforesaid alledged; and prays, that the Fudg
mance of the Judgment, a Writ goes, reciting allment aforefaid for thefe Errors, and others in the Record
the Proceedings, directed to the Judges of B. R. in and Procefs aforefaid, may be reverfed, annulled, and for
Ireland commanding them to iffue Procefs of Exc-nothing efteemed; And that he may be restored to all
cution. Cro. Car. 368. 1 Salk. 321. In Wales at the Things, which he loft by Occafion of the Fudgment afore-
Great Seffions there, a Writ of Error lies for perfo- faid; and that the Court of the faid Lord the King here,
nal Actions to the Council of the Marches of Wales; may proceed as well to the Examination of the Re:ord and
and if they give an erroneous Judgment, it is final, Procefs aforesaid, as the Matters aforefaid above affigned
for the Stature 34 H. 8. c. 26. ordains this Writ to for Errors; and that the faid C. D. may rejoin to the
the Council there; and fince that A&t, no Writ of Errors, &c. Upon which the fame C. D. faith, that nei
Error has been granted of fuch erroneous Judgment: ther in the Record and Procefs aforefaid, nor in giving of
Upon Errors in real or mix'd Actions in Wales, Writ the Judgment aforefaid, in any Thing it is erred; and
of Error lieth into the King's Bench. Fenk. Cent. 71. prays, that the Court of the Lord the King here, may pro-
And fo in perfonal Actions, now by a late Statute, ceed as well to Examination of the Record and Proceedings
1 W. & M. c. 27.
aforefaid, as the Matters affigned for Errors aforefaid;
and that the Fudgment aforesaid may be affirmed in all
Things. But because the Court of the faid Lord the King
•
Form of a Writ of Error brought in B. R. and Judg- now here, is not yet adviſed of rendring their Fudgment
THE
ment thereupon.
HE Lord the King hath given in Charge to his be-
loved and faithful Robert Eyre, Knt. his Chief
Fuftice of the Bench, bis Writ clofed in thefe Words, to
wit, George the Second, by the Grace of God, of Great
Britain, France, and Ireland, King, Defender of the
Faith, &c. To our beloved and faithful, &c. Greeting:
Becauſe in the Record and Procefs, and alfo in giving
Fudgment of the Plea which was in our Court before
you and your Companions, our Fustices of the Bench, by
our Writ between A. B. and C. D. of a certain Trespass on
the Cafe, cone to the Damage of the faid A. B. one bun
dred Pounds, as 'tis faid, Error manifeft bath intervened,
to the great Damage of the faid A. B. as by his Complaint
we are informed; We willing that the Error, if there
be any, should be corrected in due Manner, and that full
and Speedy Fuftice be done to the Parties aforefaid in this
Behalf, Command you, that if Fudgment he thereupon
given, then that Record and Procefs of the Plea aforefaid,
with all Things concerning them, to us under your Seal
diftinctly and openly you send and this Writ; fo that thofe
we may have, the Day, &c to the End, that looking into
the Record and Procefs aforefaid farther, we may caufe
to be done thereupon for correcting that Error, what of
Right, and according to the Laws of our Kingdom ought
to be done in the Premises, &c. (the Writ of Error is
to be thus entered and returned, and the whole Record
annexed). Afterwards, to wit, on Staturday next after
the Octaves of St. Hillary in this fame Term, before
the Lord the King at Westminster, came the faid A. B.
by, &c. his Attorney, and faith, That in the Record and
Procefs aforefaid, and alfo in giving the Judgment in the
Plaint aforefaid, there is manifeft Error, (or it is mani-
feftly erred) in this, to wit, that by the Record aforefaid
it appears, that the Judgment aforefaid in Form aforefaid
given, was for the faid C. D. against the faid A. B.
of and upon the Premiffes, a Day is therefore given to the
Parties aforefaid before the Lord the King at Weftmin-
fter, until in the Morrow of the Holy Trinity, &c. At
which faid Day before the faid Lord the King at Weft-
minfter, came the Parties aforefaid, by their Attornies
aforefaid; on which having seen, and by the Court of the
Lord the King now here, fully understood all and fingular
the Premiffes, and diligently examined and viewed as well
the Record and Proceedings aforefaid, and the Fudgment
given upon the fame, as the Caufes and Matters by the
faid A. B. above affigned for Error; for that it appears
to the Court of the Lord the King here, that neither in
the Record and Procefs aforefaid, nor in the rendering of
the Fudgment aforefaid, there is any Thing vicious or de-
fective, and that that Record was in nothing erred, it
is confidered, that the Fudgment aforefaid fhall in all
Things be affirmed, and ftand in all Force and Effect,
notwithstanding the faid Caufes and Matters above for
Error affigned: And further it is confidered by the Court
of the Lord the King now here, that the faid C. D.
fhall recover against the faid A. B. ten Pounds, adjudged
to the fame C. D. by the Court of the Lord the King here,
according to the Form of the Statute in the like Cafe lately
made and provided, for his Cofts, Charges and Damages
which he hath fuftained by Occafion of the Delay of Execu-
tion of the Judgment aforefaid, on Pretence of the Pro-
fecution of the Writ of Error aforefaid; and that the
faid C. D. may have thereof Execution, &c.
*
F
If the Judgment be reverfed, then it is thus:
OR that it appears to the Court of the Lord the
King now here, that in the Record and Procefs
aforefaid, and also in obtaining the Judgment aforesaid, it
is manifeftly erred; it is confidered, that the Fudgment
aforesaid for that Error, and others in the Record and
Proceed
!
:
1
ES
ES
Proceedings aforefaid, fhall be reverfed, annulled, and
utterly for nothing had; and that the aforefaid A. B. fball
be restored to all Things which he hath loft by Occafion of
the faid Judgment.
Erthmiotum, An antient Word for a Meeting of
the Neighbourhood to compromife Differences a-
mong themſelves; which was cuftomary in former
Days; it is mentioned in Leg. H. 1. c. 57.
Esbiancatura, (From the Fr. Esbrancher) Cutting
off Branches or Boughs in Forefts, &c. Hoved, 784.
Efcaldare, To Scald: Efcaldare Porcos, Was one
of our antient Tenures in Serjeanty; as appears by
the Inquifition of the Serjeancies and Knights Fees
in the 12th and 13th Years of King John, within
the Counties of Effex and Hertford. Lib. Rub.
Scaccar', MS. 137.
Elcambio, (Derived from the Span. Gambier to
change) Was a Licence granted to make over a
Bill of Exchange to another beyond Sea: For by the
Stat. 5 R. 2. c. 2. No Merchant ought to exchange
or return Money beyond Sea, without the King's
Licence. Reg. Orig. 194. See Exchange.
i
2
Efca. 27, 28. If a private Perfon arreft another for
Sufpicion of Felony, he is to deliver him to a pub-
lick Officer, who ought to have the Cuftody of him;
or if he let him go, it will be an Escape. 2 Hawk.
138. And if no Officer will receive him, he is to
deliver him to the Township where Arrested; or
And if the Offence appears on Record, as when a
Perfon is committed by the Court, or taken by Vir-
tue of a Capias out of B. R. it is Felony to break the
Priſon and make an Escape, though the Party is in-
nocent. But if any one by the General Authority
which the Law gives him arrefts an innocent Perfon,
fuch Perfon may refcue himself. a Inft. 592. 3 Inft.
221. H. P. C. 109. And a Man mult be committed
to Prifon by lawful Mittimus, or Breach of Prifon
and Efcaping is not Felony. If a Party is committed
for Treafon, to break, Prifon and efcape is but Felony;
but if a Prifoner let out Traitors, it will be Treaſon.
H. P. C. 109. 2 Inft. 590. Where one is impriſoned for
Petit Larceny, or Killing a Man fe Defedendo, &c. to
break Priſon and Efcape is not Felony: And if a Pri-
fon be fet on Fire, not by the Privity of the Prifo-
ner, he may break Priſon for the Safety of his Life.
2 Inft. 590. A Gaoler refuſing to receive a Perſon
arrested by the Conftable for Felony, whereby he is
let go is guilty of an Efcape: But there must be an
actual Arreft, which Arreft must be justifiable, to
make an Eſcape; for if it be for a fuppofed Crime,
where no Crime was committed, and the Party is
Elcape, (Efcapium, From the Fr. Efchapper, i. c. neither indicted nor appealed, &c. it is no Escape to
Effugere to Ay from) Signifies a violent or privy E-fuffer a Perfon to go at large. Fitz. Coron. 224. Bro.
vafion out of fome lawful Restraint; as where a
Perfon is arrested or imprifoned, and gets away be-
fore delivered by due Courſe of Law. Staundf. P. C.
cap. 26, 27. And there are two Kinds of Eſcapes
voluntary and negligent: Voluntary is when one arrefts
another for Felony, or other Crime, and lets him
go by Confent; in which Cafe the Party that Per-get him bailed. A. a meer private Man knows B.
mits the Efcape is efteem'd guilty of the Crime com- to have committed Felony, and thereupon arrefts
mitted, and muft answer for it: Negligent Efcape is him, he is lawfully in Cuftody of A. 'till he be dif
when one is arrefted, and afterwards efcapes againft charged, by delivering him to a Conftable or com-
the Will of him that arreſted him, or had him in mon Gaol; and therefore if he voluntarily ſuffer
Cuftody; and is not purfued by fresh Suit, and ta- fuch Perfon to escape, tho' he were no Officer, nor
ken again before the Party purfuing hath loft Sight B. indicted, it is Felony in A. But 'tis otherwife if
of him. Cromp. Fuft. 36. And for thefe negligent he never takes him nor attempts it, and lets him go.
Efcapes, the Gaoler, c. is to be fined. The Sheriff Hale's Hift. P. C. 594. Juftices of Peace in their
is not answerable for the Gaoler, only in Civil Seffions are impowered to inquire of Efcapes of Per-
Cafes; and none fhall fuffer capitally for the Crime fons arrefted, and imprisoned for Felony. Stat. 1 R.
of another, fo that a principal Gaoler is only fina- 3. c. 3. To bail a Perfon not bailable by Law is a
ble for a voluntary Efcape fuffered by his Deputy negligent Efcape. Plowd. 476. And it is faid that
2 Hawk. P. C. 135. The Crime of the Prifoner the Crime is equal in a Juſtice of Peace, for ta-
efcaping, for which the Gaoler is anfwerable, muft king a Felon out of Prifon, without Bail; or fuf-
be fuch as it was at the Time of the Efcape; as fering him to go at large without Commitment, &c.
where a Perfon is committed for dangerouſly wound-where the Offender confeffeth the Felony, as it is
ing another, it is Trefpafs only, and not Felony,
'till the Party wounded is dead: And he who fuffers
another to escape who was in Cuftody for Felony,
cannot be araigned for fuch Efcape as for Felony,
until the Principal is attainted, but he may be in
dicted and tried for Mifprifion before the Attainder
of the Principal. And in High Treafon 'tis faid the
Efcape is immediately punishable, whether the Party
eſcaping be ever convicted, or not. 2 Hawk. Ibid. If
an Officer who hath the Cuftody of a Prifoner
charged with, and guilty of a capital Crime, doth
knowingly give him his Liberty, with an Intent to
fave him from Trial, &c. he is guilty of a volun-
tary Escape. Ero, Car, 492. S. P. C. 32. One negli
gent Escape will not amount to a Forfeiture of a
Gaoler's Office, as one voluntary one will; but
many negligent Efcapes will do it: And the Fine for
fuffering a negligent Efcape of a Perfon attainted,
was by the Common Law of Courſe 100l. and in o-
ther Cafes at the Diſcretion of the Court. Lev.
288. 2 Lev. S1. A Gaoler cannot excufe himself by
Killing a Prifoner in a Purfuit, as to the Fine, tho'
he could not poffibly retake him; but fhall be fined
for the negligent Efcape, and becauſe the publick
Juſtice is not fo well fatisfied by fuch a Killing.
2 Hawk. 130.
As voluntarily permitting a Felon to
eſcape out of Prifon, is Felony; fo is the Breaking
of a Prifon by a Prifoner and efcaping: If one be
committed only on Sufpicion of Felony, if a Felony
is done, it is Felony to break the Priſon and eſcape:
|
1
in the Cafe of a Gaoler's permitting an Escape. Dalt.
382. A late Statute ordains, that Perfons who any
ways affift a Prifoner, committed for Treaſon, or
Felony, to attempt his Efcape from any Gaol, fhall
be adjudg'd guilty of Felony and be tranfported;
and if the Prifoner be committed for any other
Crime; or upon Process for 1007. Debt, &c. the
Offenders are liable to Fine and Imprifonment. 16
Geo. 2. c. 31. And where any Perfon conveys any
Arms, Inftrument or Difguife, to a Prifoner in Gaol
for Felony, &c. or for his Ufe, in order to an Escape,
Alfo if
'tis likewife Felony and Transportation.
one affifts any Prifoner to escape from any Conſtable,
or other Officer or Perfon in whofe Cultody he is,
by Virtue of a Warrant of Commitment for Felony,
it is declared to be the like Offence. Ibid. In Civil
Actions the Sheriff is to answer for the Escape of his
Bailiff; as the Bailiff is his Servant: And Action
of the Cafe lies against the Sheriff for an Escape
upon mefne Procefs, becauſe the Plaintiff is pre-
judiced in his Suit by it. Cro. Eliz. 623, 625. 1
Danv. Abr. 183. But if he is arrefted and refcued
before brought to Gaol, the Sheriff is not charge-
able: Though if a Defendant in Execution is ref
cued, the Sheriff is liable for the whole Debt; and
is to have his Remedy against the Refcuer. 2 Cro.
419. Dyer 241. Where a Perfon is in Cuftody on
mefne Procèfs, and being outlawed after Judgment
at the Suit of another, the Judgment Creditor
brings a Warrant on a Capias Útlagatum, and deli-
vers
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.
vers it to the Sheriff's Officer, who hath him in Cu It hath been adjudged no Efape to let a Prifoner
tody; if the Officer afterwards permits the Perfon go where the Sheriff hath the Prifoner in Cuftody,
to escape, though he refu'e to execute the Warrant, if it be before the Return of the Writ: 'Tis fuffi
the Sheriff is chargeable in Action of the Cafe. 5 cient if the Officer have the Party at the Return of
Rep. 89. And a Sheriff fhall not take Advantage of the Writ, c. Meor 299. Salk. 401.
2 Nelf. 739.
Error in fuing out a proper Procefs where a Perfon 740. Yet it hath been held, that where a Habeas
is arrefted, c. As if à Ca. fa. iffie after a Year Corpus is granted to bring a Perfon into Court, if
and a Day, without fuing out a Scire facias, this Er- the Sheriff on the Way let him go at large in the
ror will not excuſe the Sheriff in an Eſcape. 2 Cro. County, or carry_him round about a great Way,
288. 1 Salk 273. But though a Sheriff may not. it will be an Eſcape. 1 Mod. 116. And an Escape
take Advantage of an erroneous Procefs; yet he in one Place is an Efcape in all Places; for a Pri-
ſhall of a void Proceſs, on which it is no Escape to foner being once efcaped, and at large, it shall be
let a Prifoner go. It will not be a good Plea, for intended he is confined to no Place, fo that for E-
the Sheriff in Action upon an Escape, that the Pri- fcape Action may be brought against the Prifoner in
foner refued himſelf, &c. for the Sheriff may com- any County. 1 Lill. Abr. 537. Action of Efcape will
mand the Poffe Comitatus to help him: But this has not lie against the Executor or Adminiftrator of a
been held to be only in Cafe of Executions. 6 Rep. Sheriff, &c. for an Escape, because it was perfonal,
51. 1 Cro. 868. Where two Perfons are in Exccu- and Moritur cum Perfona: But it may be otherwife
tion for Debt, if one of them efcape; Debt will lic. if there be a Judgment recovered against the She-
34 H. 6. And if any Prifoner efrapes who was in riff before he died. Dyer 322. A Priſoner in Exe-
Execution, his Creditor may retake him by Capias cution fhould not be allowed to go out of the Gaol;
ad Satisfac. or bring Action of Debt on the Judg for if he goes out, though he returns again, it is an
ment, or a Sci. far. against him, c. 1 Vent. 269. Efcape. 3 Rep. 43, 44 2 Inft. 260. 2 Inft. 381. If
a Sheriff or Gaoler fuffer his Prifoner in Execu-
3 Salk. 160. A Prifoner taken in Execution make-
a tortious Efcape, the Party at whofe Suit he was tion to go abroad, unleſs it be by Licence of the
taken in Execution hall have an Alias Ca. fa. to Lord Chief Justice, and of the Plaintiff; this will be
take him in Execution again; or Action on the Cafe an Escape in Law, although he come to Prifon a-
against the Sheriff: But if the Sheriff voluntarily gain. Plowd. 37. And yet in London, by fpecial Cu-
permit the Escape, A&tion of Debt is to be brought from there, in fome Cafes the Prifoner may go a-
against the Sheriff; and on fuch a voluntary Efcape, broad with his Keeper, and it will be no Efcape. Ibid.
the Plaintiff may have a new Execution. 1 Lill. Abr. See Hol. 202. Where the Juftice of the Court, and
536. 8 Lev. 211. If a Man eſcapes, with the Con- Plaintiff in the Suit, agree that the Prifoner hall
fent of the Gaoler in a Civil Cafe, he cannot retake be at Liberty, and he go out and return at his
him. 3 Rep. 32. For 'tis faid the Execution is dif- Time; it is no Efcape: But this may not be without
charged, fo as the Party may not be taken again, the Sheriff's Confent. Dyer 275. If a Plaintiff by
or judg'd in Execution by Law. Hob. 202. And if Word Licence the Sheriff to deliver the Prifoner,
he be allowed to go with a Keeper into another no Action will lie for this as an Escape. 27 H. 8. 24.
County, it is fuch an Efcape and Difcharge, that if If the King, or any great Man fhall require a She-
he be there detained, out of the Power of the Sheriff, &c. to fet his Prifoner at Liberty, or threaten
riff, it will be falfe Imprisonment. Plowd. 36. Dyer
166. Though if a Perfon be permitted to escape by
the Sheriff, he may be taken by the Party; for it
may be the Sheriff is infufficient to answer. 1 Vent. 4.
If the Plaintiff permit the Prifoner to escape, he can
not afterwards retake him: And if the Body and
Goods, &c. of a Conufor are taken in Execution
upon a Statute-Merchant, if the Conufce agree that
he fhall go at large, it is a Difcharge of the whole
Execution, and the Conufor fhall have his Lands.
again: 'Tis otherwife if the Sheriff had permitted
him to eſcape, the Execution on the Lands would
not be diſcharged. 2 Nelf. Abr. 737. If there be an
Efcape by the Plaintiff's Confent, when he did not
intend it, the Law is hard that the Debt fhould be
thereby diſcharged; as where one was in Execution
in B. R. and fome Propofals being made to the
Plaintiff in Behalf of the Prifoner, fecing there was
fome Likelihood of an Accommodation, the Plain-
tiff confented to a Meeting in a certain Place in
London, and defired the Prifoner might be there,
who came accordingly: This was held to be an E-
fcape, with the Plaintiff's Confent, and he could
never after be in Execution at his Suit for the fame
Matter. 2 Mod. 136. When a Prifoner tortiouſly efcapes
from the Cuftody of the Gaoler, he may be retaken:
And the Sheriff, &c. may purfue a Perſon eſcaping
into that or any other County; and if he retakes
the Prisoner on fresh Purſuit before Action brought,
it ſhall excuſe the Sheriff, for there the Prifoner
fhall be faid to be in Execution till. 3 Rep. 44.
And where the Sheriff is to answer the Debt and
Damages for fuch Efcape, he shall have his Coun-
ter-remedy against the Party escaping; and may
take him at any Time and Place, and imprifon
him, 'till he hath fatisfied the Sherift as much as
he hath paid to the Plaintiff; or he may bring an
A&tion upon the Cafe againſt the Prifoner, and fo
relieve himſelf. 5 Rep. 52. 3 Rep. 52. Cro. Eliz. 393.
2
him if he do not fo; if he do it accordingly, it
will be an Efcape in him. Dyer 278, 297. But where
there is no good Imprisonment at the Time of the
Eſcape; as if a Man be impriſoned by a Court that
hath not Power to impriſon him, &c. there can be
no Efcape. 14 H. 7. 1. Dyer 66, 306.
2 Bulft. 237.
A Plaintiff having Judgment, it was ruled that the
Defendant fhould pay fo much Money, before fuch
a Day, and if he failed, then the Plaintiff to take
him in Execution; on Failure of Payment, he was
taken, and then fued an Audita Querela in the Chan-
cery, where on a Suggeſtion he had an Injunction and
Superfedeas, and was bailed and fet at large, the
Plaintiff not being paid his Debt: As this was done
after Judgment and Execution, it was faid to be
an Escape in Law. Mich. 11 Fac. I. 2 Bulft. 120.
2 Shep. Abr. 318. If a Perfon that hath the Fee of
a Priſon, make a Leafe of it for Life or Years to
another, who fuffers an Ef ape; the Party grieved
thereby muft profecute the Leffee for it, and if he
be not fufficient to answer, he may fue the Leffor.
4 Rep, 98, A Prifoner ef apes out of the King's Bench,
or Marfbalfea, or the Fleet; the Keeper of the Pri-
fon out of which he efcaped, is to be charged with
it; but if the Escape be from either of the Counters,
the A&tion must be brought against the Sheriffs of
London for this. Dyer 278. 3 Rep. 52. If a Man is
in Execution upon a Judgment in C. B. and there is
a Judgment before against him in B. R. In this
Cafe, he fhall be in Execution for both in the King's
Bench; And if the Marshal there fuffer him to escape,
he is chargeable with both Debts. Dyer 152, 153.
Committing the Marfbal of the Marfbalfea to Prison,
where an Escape in Law of all the Prifoners there,
See Style 375. Perfons in the King's Pench and Fleet
Prifons, are to be actually detained within the ſaid
Priſons: And if they escape, A&ion of Debt lies a
gainſt the Warden, &c. 1 R. 2. c. 12. Keepers of
thofe Prifons fuffering Prifoners to be out of the
Rules,
E S
:
ES
1
Rules, (except on Rule of Court, &c.) is an Escape; King, and have the Eftate, prefently. 3 Inft. 111.
and Perfons conniving at an Efcape fhall forfeit sool. It has been holden, that a Saving against the Cor-
Esc. by 8 & 9 W. 3. c. 26. And by this Statute ruption of Blood in a Statute concerning Felony, doth.
where any Prifoner in Execution efcapes, the Cre by Confequence fave the Land to the Heir, fo as
ditor may have any other new Execution against not to efcheat; because the Efcheat to the Lord for
him. By Stat. 5 Ann. c. 9. If any Perfon in Cuftody Felony is only pro defectu Tenentis, occafioned by the
for not performing any Decree in Chancery, &c. Corruption of Blood: But it hath been adjudged,
efcape, the Party for whom the Money is decreed that a Saving against the Corruption of Blood in a
may have the fame Remedy againſt the Sheriff, as Statute concerning Treafon, doth not fave the Land
if the Priſoner had been in Cuftody on Execution.to the Heir; for in Treafon the Land goes to the
An old Sheriff omits turning over a Prifoner in King by Way of immediate Forfeiture. 3. Inft. 47.
Execution to the new Sheriff, is faid to be an Escape 1 Salk. 85. Inheritances of Things not lying in Te-
fo where there are two Executions againſt a Man, nure, as of Rents, Commons, &c. cannot efcheat to
and in the Indenture of Turning over Mention is the Lord, becauſe there is no Tenure; nor defcend,
made but of one, &c. 3 Rep. 11. See Sheriff. by Reaton the Blood is corrupted: Though they
Escape-Warrant. If any Perfon committed or are forfeited to the King by an Attainder of Trea-
charged in Cuftody in the King's Bench or Fleet Pri-fon, and the Profits of them fhall be alfo forfeited
fon, in Execution, or on mefne Procefs, &c. go at to the King on Attainder of Felony, during the
large: On Oath thereof before a Judge of the Court Life of the Offender; and after his Death 'tis faid
where the Action was brought, an Escape Warrant the Inheritance fhall be extinguished. 2 Hawk, P. C.
fhall be granted, directed to all Sheriffs, &c. 449. A Perfon is feifed of Lands in Fee holden of
throughout England, to retake the Prifoner, and a Lord, his Son is attainted of Treafon, and the
commit him to Gaol where taken, there to remain Father dieth, the Land shall ef heat to the Lord,
till the Debt is fatisfied: And a Perfon may be ta- and not to the King; who cannot have the Land,
ken on a Sunday upon an Escape Warrant. Stat. 1 Ann. becaufe the Son who was attainted never had any
c. 6. And the Judges of the refpective Courts may Thing to forfeit: But the King fhall have the Ef
grant Warrants, upon Oath to be made before Per- cheat of all the Lands whereof the Perfon attainted
fons commiffioned by them to take Affidavits, in the of High Treafon was feifed, of whomfoever they
Country, (fuch Oath being first filed) as they might were holden. I Inft. 13. Husband and Wife, Te-
do upon Oath made before themſelves. 5 Ann. c. 9. nants in fpecial Tail; the Husband is attainted of
A Sheriff ought not to receive a Perfon taken on Treafon and executed, leaving Iffue; on the Death
Escape Warrant, &c. from any but an Officer; not of the Wife the Lands fhall efcheat, becauſe the If
from the Rabble, &c. which is illegal. Pafch. 3 fue in Tail ought to make his Conveyance by Fa-
Ann. 3 Salk. 149. A Perfon being arrested and ther and Mother, and from the Father he cannot
carried to Newgate by Virtue of an Escape-Warrant, by Reafon of the Attainder. Dyer 322. If Tenant
moved to be difcharged, becaufe he faid he was in Fec-fimple is attainted of Treafon, and executed,
abroad by a Day-Rule when taken; but it appear upon his Death the Fee is vefted in the King, with-
ing by Affidavit, that he was took upon the Escape-out Office found; yet he must bring a Scire facias
Warrant before the Court of B. R. fat that Morning,
they refused to fet him at Liberty. 2 Ld. Raym.
927.
Elcapio Duietus, Is on Efcape of Beafts in a Fo-
reft; and he that by Charter is Quietus de Efcapio, is
delivered from that Punishment which by the Laws
of the Foreft lieth upon those whofe Beafts are found
within the Land where forbidden. Crompt. Jurifd.
196.
Elcapium. Hath been uſed for what comes by
Chance or Accident. Cowel.
Efceppa, A Scepp or Meafure of Corn. Mon. Ang.
Tom. I. p. 823. See Sceppa.
against the Tertenants: Lands fhall never efcheat to
a Lord of whom they are holden, until Office found.
3 Rep. 10. Efcheat feldom happens to the Lord for
Want of an Heir to an Estate; but when it doth,
before the Lord enters, the Homage Jury of the
Lord's Court ought to prefent it.
fhall efcheat to the Lord, where Heirs are born after
2 Inft. 36. Land
Attainder of Felony. 3 Rep. 40. Though if the
King pardons a Felon before Conviction, the Lord
fhall not have his Lands by Efcheat; for the Lord
hath no Title before Attainder. Owen 87. 2 Nelf.
Abr. 744. If on Appeal of Death or other Felony,
Proceſs is awarded against the Party, and hanging
the Procefs he conveyeth away the Land, and after
is outlawed, the Conveyance is good to defeat the
dicted of Felony, hanging the Procefs against him,
he conveys away his Land, and afterwards is out-
lawed, the Conveyance fhall not prevent the Lord
of his Efcheat. I Inft. 13. See Corruption of Blood.
Efcheat, (Efchaeta, from the Fr. Efcheoir, i. e. Ac-
cidere) Signifies any Lands or Tenements that cafu
ally fall to a Lord within his Manor, by Way of For-Lord of his Efbeat: But if where a Perfon is in-
feiture; or by the Death of his Tenant, leaving no
Heir general or fpecial. Magn. Chart. cap. 31. Efcheat
is alſo uſed ſometimes for the Places or Circuit, in
which the King, or other Lord, hath Efcheats of his
Tenants. Bract. lib. 3. tract. 2. cap. 2.
And it is
likewife applied to a Writ, which lies where the
Tenant having an Estate in Fee fimple in any Lands
or Tenements holden of a fuperior Lord, dies with-
out Heir; in which Cafe the Lord brings this Writ
Form of a Writ of Efcheat.
EORGE the Second, &c. To the Sheriff of S.
againft him that is in Poffeffion of the Lands after G Greeting: Command A. B. that he render to C. D.
D. ought to revert and come as his Efcheat, because
the faid W. B. died without Heir; Or, because the Jaid
W. bath Felony committed, for which he was executed,
or outlawed, &c. as he faith. And unless, &c.
the Death of his Tenant, and fhall thereby recover
the ſame in Lieu of his Services. F. N. B. 144. Inquire, twenty Acres of Land, with the Appurtenances,
our Law Efcheats were of two Sorts: 1. Regal, in, &c. which W. B. of him beld, and which to the faid
Thofe Forfeitures which belong to our Kings by the
ancient Rights and Prerogative of the Crown.
ancient Rights and Prerogative of the Crown.
2. Feodal, which accrue to every Lord of the Fee as
well as the King, by Reafon of his Seigniory
Where a Perfon commits Treafon, his Eftate fhall
efcheat and be forfeited to the King: And when a
Tenant in Fee-fimple committeth Felony, and is at-
tainted, the King ſhall have Year, Day, and Walte
in his Lands, (or rather Year and Day in lieu of
Wafte) and afterwards it comes to the Lord by Ef
cheat. And the Lord may compound with the
•
Elchcator, (Efchaetor) Was an Officer appointed
by the Lord Treasurer, &c. in every County, to
make Inquefts of Titles by Efcheat; which Inquefts
were to be taken by good and lawful Men of the
County, impanelled by the Sheriff. Stat. 14 Ed. 3.
c. 8. 34 Ed. 3. c. 13. 8 H. 6.
c. 8. 34 Ed. 3. c. 13. 8 H. 6. c. 16. These Efcheators
4 A
found
ES
ES
1
firft: In the Statute of Marlebridge, cap. 9. it is call'd,
Initia pars Hæreditatis. Co. Litt. 166.
Elperons, Spurs, Efperons de Or, Gilt Spurs. 7 Co.
Rep. 13.
Efpervaríus, (Fr.) Efpervier) A Spar-Hawk, Chart.
Forest, cap. 4· Reddit. folut. Willielmo T. ad Ma-
nerium fuum de, &c. pro omnibus fervitiis unum Eſper-
varium ad Feftum, &c. Anno 35 H. 6.
found Offices after the Death of the King's Tenant's,
who held by Knight Service, or otherwife of the
King; and certified their Inquifitions into the Ex-
chequer, and Fitzherbert called them Officers of Re-
cord. F. N. B. 100. No Ef heater could continue in
his Office above one Year: And whereas before the
Statute of Westm. 1. cap. 24. Ef heators, Sheriffs, &c.
would feife into the King's Hands the Freehold of the
Subjects, and thereby diffeife them; by this Act it
is provided that no Seifure can be made of Lands
or Tenements into the King's Hands, before Office
found. 2 Inft. 206. And no Lands can be granted
before the King's Title is found by Inquifition. 18
H. 6. c. 6. The Office of Ef beator is an antient Of
Efbeator Offon
fice, and was formerly of great Ufe to the Crown;
but having its chief Dependance on the Court of
Wards, which is taken away by Act of Parliament,
it is now in a Manner out of Date. 4 Inft. 225.
There was anciently an Officer called Efcheator of
the Jews, Clauf. 4 Ed. 1. m. 7.
.
Efplees, (Expletie, from Expleo) Are the Products
which Ground or Land yield; as the Hay of the
Meadows, the Herbage of the Pafture, Corn of the
Arable; Rent and Services, &c. And of an Ad-
vowfon, the Taking of Tithes in Grofs by the Par-
fon; of Wood, the Selling of Wood; of an Or-
chard, the Fruits growing there; of a Mill, the
Taking of Toll, &c. Thefe and fuch like Iffues are
termed Efplees. And it is obſerved, that in a Writ
of Right of Land, Advowfon, &c. the Demandant
ought to allege in his Count, that he or his An-
ceftors took the Efplees of the Thing in Demand; ò-
therwife the Pleading will not be good. Terms de Ley
310. Sometimes this Word hath been applied to
Efthe Farm, or Lands, &c. themfelves. Dominus Ē.
E.
habebit omnia Expletias & Proficua de Corona emer-
gentia. Plac. Parl. 30 Ed. 1.
Elcheccum, A Jury or Inquifition. Matt. Parif.
Anno 1240.
Elchipare, To build or equip-Naves bene
chipatas bonis & probis Marinellis. Du Cange.
Eskippamentum.
See
Efcrow, Is a Deed delivered to a third Perfon,
to be the Deed of the Party making it, upon a fu-
ture Condition, when fuch a Thing is performed;
and then it is to be delivered to the Party to whom
made. It is to be delivered to a Stranger, mention-
ing the Condition; and has Relation to the firft
Delivery. 2 Roll. Abr, 25, 26. 1 Inft. 3r.
Efpoufals, (Sponfalia). Are a Contract or mutual
Promife between a Man and a Woman to marry
each other; and where Marriages may be confum-
mated, Efpoufals go before them. Marriage or Ma-
trimony is faid to be an Efpoufal de prafenti, and a
Conjunction of Man and Woman in a conftant So-
ciety. Wood's Inft. 57. See Matrimony.
Efcuage, (Sutagium, from the Fr. Efcu, a Shield) Efquire, (from the Fr. Efeu, and the Lat. Scutum,
Is a Kind of Knight-Service, called Service of the in Greek Exor) which fignifies an Hide of which
Shield, whereby the Tenant was bound to follow his Shields were anciently made, and afterwards cover-
Lord into the Wars at his own Charge. Alfo it has ed: For here in the Time of the Saxons, the Shields
been fometimes taken for that Duty or Payment, had a Covering of Leather; fo that an Esquire was
which they who held Lands under this Tenure, originally he who attending a Knight in Time of
were bound to make to the Lord, when they nei-War, did carry his Shield, whence he was called
ther went to the Wars, nor provided any other in
their Place; being in Lieu of all Services. And
fometimes Efeuage fignified a reaſonable Aid, de-
manded and levied by the Lord of his Tenants who
held in Knight-Service, &c. Stat. 12 Car. 2. c. 24.
F. N. B. 8. See Chivalry.
Purgare vel
Carta Tho.
Efcurare, To fcour or cleanſe.
Efcurare totam Aquam Foſſatorum, &c.
Epifcop. B. W. dat. 29 Oct. 4 Ed.
Elgiife, (Fr.) A Church, in the old Books a Law
Head. L. Fr. Di&.
4.
Efinge, The Kings of Kent, ſo called from the
firft King Ochta, who was furnamed Efe: He was
Grandfather of King Ethelbert.
Efcuier in French, and Scutifer or Armiger, (i. e. Ar-
mour-bearer) in Latin. Hotoman faith, that thofe
which the French call Efquires, were a military Kind
of Vaffals, having Fus Scuti, viz. Liberty to bear a
Shield, and in it the Enfigns of their Family, in
Token of their Gentility or Dignity: But this Ad-
dition hath not of long Time had any Relation to
the Office or Employment of the Perfon to whom
it bath been attributed, as to carrying of Arms,
&c. but been merely a Title of Dignity, and next
in Degree to a Knight. Thofe to whom this Title
is now of Right due, are all the younger Sons of
Noblemen, and the eldeft Sons of fuch younger
Sons; the eldest Sons of Knights, and their eldeft
Eske&ores, (from the Fr: Efcher) Robbers or Sons: The Officers of the King's Courts, and of
Deftroyers of other Men's Lands and Fortunes. the King's Houfhold; Counsellors at Law; Juftices
Furatores dicunt etiam quod Latrones, & E-of Peace, &c. But thefe latter, are Efquires in Re-
skectores de Terra de, &c. Intraverunt, &c. Plac. putation; and he who is a Juftice of Peace, has
Parl. 20 Ed. 1.
this Title only during the Time he is in Commif-
fion, and no longer, if he be not otherwife quali-
fied to bear it. A Sheriff of a County being a fu-
Fur-perior Officer, retains the Title of Efquire during
his Life; in Respect of the great Truft he hath in
the Commonwealth. The chief of fome ancient
Families are Efquires by Prefcription; and in late
Acts of Parliament for Poll-Money, many wealthy
Perfons (commonly reputed to be fuch) were rank'd
among the Efquires of this Kingdom. Blount.
Eskipper, (Fr.) to ſhip, and eskipped is uſed for
fhipp'd. Crompt. Fur. Cur.
Eskippamentum, Skippage, Tackle, or Ship
niture: The Sca-port Towns were to provide cer-
tain Ships, Sumptibus propriis & duplici Eskippamento.
Sir Rob. Cott.
Eskippefon, Shipping, or Paffage by Sea. Hum-
phrey Earl of Bucks, in a Deed dated 13 Feb. 22 H.
6. covenants with Sir Philip Chetwind, his Lieute-
nant of the Caftle of Calais, to give him Allowance
for his Soldiers, Skippefon and Re-skippefon, viz.
fage and Re-paffage by Ship.
Eiquires of the Bing, Are fuch who have the
Paf-Title by Creation: Thefe, when they are created,
have put about their Necks a Collar of SS; and a
Efnecy, (Æfnecia, Dignitas primogeniti) Is a pri-Pair of Silver Spurs is bestowed on them: And they
vate Prerogative allowed to the eldest Coparcener, were wont to bear before the Prince in War, à
where an Estate is defcended to Daughters for Shield or Lance. There are four Efquires of the
Want of Heir Male, to chufe firft after the Inlieri-King's Body, to attend on his Majesty's Perſon.
tance is divided. Fleta, lib. 5. cap. 10. Jus Æfnecia Camb. 111.
is Jus Primogenitura; in which Senfe it may be ex- Effendi quietum de Colonio, A Writ to be quit
tended to the eldeſt Son, and his Iffue, holding of Toll; and lies for Citizens and Burgeffes of any
4
City
ES
ES
City or Town that by Charter or Prefcription ought
to be exempted from Toll, where the fame is exact
ed of them. Reg. Orig. 258.
Ellifos, Are Perfons appointed by a Court of
Law, to whom a Writ of Venire facias is directed to
impanel a Jury, on Challenge to the Sheriff and Coro-
ners; who return the Writ in their own Names,
with a Panel of the Jurors Names. 15 Ed. 4. 24
pl. 4.
*
·
•
Eftate, (Fr. Eftat, Lat: Jus) Signifies that Title
or Intereft which a Man hath in Lands or Tene-
ments, &c. And Estates are acquired divers Ways,
viz. by Difcent from a Father to the Son, &c. Con·
veyance, or Grant from one Man to another; by
Gift or Purchase; Deed or Will: And a Fee-fimple
is the largest Eftate that can be in Law. 1 Lill. 541.
Eftates are Real, of Lands, c. or Perfonal, of Goods
or Chattels; otherwife diftinguifhed into Freeholds,
Effoín, (Effonium, Fr. Effoine) Signifies an Excufe that defcend to the Heir, and Chattels which go to
for him that is fummoned to appear and anfwer to the Executors: Some Eftates afe made by the Words
an Action, or to perform Suit to a Court-Baron, &c. of Deeds, and others made by Law; as an Estate
by Reafon of Sicknefs and Infirmity, or other juft in Frank-marriage given to a Coufin, makes a Gift
Cauſe of Abfence. It is a Kind of Imparlance, or in Tail. Also there is an Eftate that is implied,
craving of a longer Time, that lies in Real, Per- where Tenant in Tail bargains and fells his Land to
fonal and Mix'd Actions: And the Plaintiff as well a Man and his Heirs; by this he hath an Eftate de-
as the Defendant fhall be effoined, to fave his De- fcendible, and determinable upon the Death of the
fault. 1 Inft. 138. The Caufes that ferve to Effoin, Tenant in Tail. Co. Litt. 10 Rep. 97. If I give
and the Effoins are divers under thefe Heads. 1. Ef Lands in Dale to a certain Perfon for Life, and af
foin de ultra Mare, whereby the Defendant fhall ter to his Heirs or right Heirs, he hath the Fee
have forty Days. 2. De Terra Sancta, where the fimple; and if it be to Heirs Males, he will have
Defendnnt fhall have a Year and a Day. 3. De malo an Estate-tail. 1 Rep. 66. A Man grants to one and
veniendi, which is likewife called the Common Effoin. his Heirs and Affigns for his Life, and a Year over;
4. De malo lecti, wherein the Defendant may by this is an Estate for Life only. 39 E. 3. 25. Litt. 46.
Writ be viewed by four Knights. 5. De fervitio If a Leafe be made, and not expreffed for what.
Regis. Bract. lib. 5. Britton, cap. 122. Fleta, lib. 6. number of Years, it is an Estate at Will.
2 Shep.
And befides the common Effoin, de malo veniend. i. e. Abr. 81. The Word Eftate generally in Deeds, Grants,
by falling fick in coming to the Court, and other and Conveyances, comprehends the whole in which
Effoins abovementioned; there were feveral other the Party hath an Intereft or Property, and will
A Perfon in Poffeffion
Excuſes, to fave a Default in real Actions; as Con-pafs the fame. 3 Mod. 46.
ftraint of Enemies, the falling among Thieves, of an Estate, Mortgaged in Fee, by Will gave it to
Floods of Water, and breaking down of Bridges, his two Daughters, and their Heirs; one of them
&c. 2 Co. Inft. 125. After Iffue joined in Dower, married, and then died: And it being a Question,
Quare Impedit, &c. one Effoin only fhall be allowed. whether her Share fhould be held Real or Perfo-
Stat. 52 H. 3. c. 13. And in Writs of Affife, Attaints, nal Eftate, and go to the Heir, or her Husband
. after the Tenant hath appeared, he fhall not Adminiftrator? It was adjudged for the Heir; for
be effoined; but the Inqueft fhall be taken by De-here the Mortgaged Land fhall defcend as other
fault. 3 Ed. 1. c. 42. Effoin ultra Mare will not be
allowed, if the Tenant be within the four Seas;
but it fhall be turned to a Default, c. 44. There is
no Eoin permitted for an Appellant. 13 Ed. 1.
Nor doth Eoin lie where any Judgment is given;
or the Party is diftrained by his Lands; the Sheriff
is commanded to make him appear; after the Par-
ty is feen in Court, &c. 12 E. 2. And Effoin de fer-
vitio Regis lieth not when the Party is a Woman;
in a Writ of Dower; where the Party hath an At-
torney in his Suit, &c. Ibid. The Eoin-Day in
Court is regularly the firft Day of the Term; but
the fourth Day after is allowed of Favour. 1 Lill.
540.
An Eoin is entered thus: A. B. offers himself on the
fourth Day against C. D. in a Plea or Action of, &c.
and he did not appear, and was fumrioned, &c. There
fore let him be attached, that he be here on the Day, &c.
And be it known, that the faid A. hath the fame Day to
appear by his Effoin, &c. Raft. 520.
Lands of Inheritance, and be Subject to the fame
Rules. Preced. Canc. 265. In fuch Cafe, if the
Mortgage in Fee be paid off, the Money fhall be con-
fider'd as Land, and belong to Heirs, as the Estate
in the Land would have done. Ibid. Perfonal Estate
was devifed by a Man to his Wife for Life, and
what he left at her Death, to be divided between
his Kindred: He died, and the Widow married a-
gain; this Devife over was held good in Equity, on
a Bill brought to have an Inventory taken of the
Eftate, and Security given not to imbezil it. But
if the fame were of fmall Value, that the Widow
could not live thereupon, without fpending the
Stock, it would be otherwife. Ibid. 71, 72. One by
Will gives to his Wife, all his Goods and Furniture
at fuch a Place; the Goods that are there, at the
Time of his Death fhall pafs, tho' they were not
there on making of the Will; for the perfonal E-
ftate is fluctuating until the Teftator's Death. 2 Vern.
688. Some hold, that where Goods of a Houſe or
Eloin de Malo Wille, Is when the Defendant Chamber are devifed, there ought to be a parti-
is in Court the firft Day; but gone without Plead-cular Inventory of them, to make thofe pafs as were
ing, and being afterwards ſurpriſed by Sickness, c. there when the Will was made.
cannot attend, but fends two Effoiners, who openly
proteft in Court that he is detained by Sickness in
fuch a Village that he cannot come, pro lucrari & pro
perdere; and this will be admitted, for it lieth on the
Plaintiff to prove whether the Effoin is true or not.
Effoins and Proffers, Words uſed in the Statute
38 H. S. c. 21. See Profer.
Establishment of Dower, Is the Affurance or
Settlement of Dower, made to the Wife by the Huf
band, on Marriage: And Affignment of Dower, fig.
nifies the Setting it out by the Heir afterwards, ac-answer according to the Obligation, though it be
cording to the Eftablishment. Brit. cap. 102, 103.
Ettache, (From the Fr. Eftacher, to faften) Is
ufed for a Bridge, or Stank of Stone and Timber.
Corvel.
Eltandard, or Standard, An Enſign for Horſemen
in War. See Standard.
Estoppel, (From the Fr. Eftouper, i. e. Oppilare,
obftipare) Is an Impediment or Bar of an Action a-
rifing from a Man's own Fact: Or where he is for-
bidden by Law, to fpeak against his own Deed ; for
by his Act, or Acceptance, he may be eftopped to al-
ledge or fpeak the Truth. F. N. B. 142 Co. Litt.
352. If a Perfon is bound in an Obligation by the
Name of A. B. and is afterwards fued by that Name
on the Obligation; now he fhall not be received to
fay in Abatement, that he is mifnamed, but ſhall
wrong; and forafmuch as he is the fame Perfon
that was bound, he is eftopped and forbidden in Law
to fay contrary to his own Deed; and otherwiſe he
might take Advantage of his own Wrong, which
the Law will not fuffer. Terms de Ley 314. If a Man
enter into Bond, with Condition to give to another
:
all
ES
•
ES
alledge any Thing against that which before he hath
faid in his. Writ, or Declaration; and one may not
be eftopped by the Record upon which he was non-
fuited. 21 H. 7. 24. 2.Leon. 3. 17. An Estoppel ought
all the Goods which are deviſed to him by his Fa-
ther; in this Gafe the Obligor is eftopped to plead
that the Father made no Will, but he may plead
that he had, not any Goods devifed to him by his
Father. Nelf. Abr. 751. In a Deed, all the Par-to be certain and Affirmative, and a Matter alledged
་
W
1
་
ties are cftopped to fay any Thing againft what is
conrained in it: It eftops a Leffee, to fay that the
Leffor had nothing in the Land, &c. And Parties
and Privies are bound by Eloppek Litt. 58. 1
Inft. 352. 4 Rep. 53 None but Privies and Parties
fhall regularly have Advantage by Eftoppels: But if
a Man makes a Leafe of Part of a Term whereby
he is eftopped; and after affign away the Term,
the Affignce will be eftopped alfo. 30 H. 6. 2. 4 Rep.
56. In Estoppels, both Paries must be eftopped;
and therefore where an Infan: or Feme Covert,
make a Leafe, they are not cftopped to fay that 'tis
not their Deed, becauſe they are not bound by it;
and as to them it is void. Cro. Eliz. 36. And tho'
Estoppels conclude Parties to Deeds to fay the Truth;
yet Jurors are not concluded, who are fworn ad
veritatem de & fuper pramiffis dicendam: For they
may find any Thing that is out of the Record; and
are not eftopped to find Truth in a special Verdi&t.
4 Rep. 53. Lut. 570. An Eftoppel fhall bind only
the Heir, who claims the Right of him to whom
the Eftoppel was. 8 Rep. 53. Acceptance of Rent
from a Diffeifor by the Diffeifee, may be an Eftop.
pel: And a Widow accepting less than her Thirds
for Dower, is Estoppel, &c. 2 Danu. Abr. 130, 671.
Our Books mention three Kinds of Estoppel, viz. By
Matter of Record, by Matter in Writing, and by
Matter in Pais. Co. Lit. 352. If a Feoffment be
made to two, and their Heirs, and the Feoffor af
terwards levies a Fine to them two and the Heirs
of one of them; this will be an Estoppel to the other
to Demand Fee fimple according to the Deed; for
the Fine fhall enure as a Relcafe. 6 Rep. 7. 44.
Tenant in Tail ſuffers a Recovery, that his Iffues
may avoid; he himself fhall be eftopped and con-
cluded by it, and may not demand the Land againft
his own Recovery. 3 Rep. 3. The taking of a
Leafe by Indenture of a Man's own Land, whereof
he is ſeiſed in. Fee, is an Estoppel to claim the Fee
during the Term. Moor, ca. 323. And. 121. A
Leafe is made to one Man for eighty Years, and
then to another by Deed indented for the fame
Term, this fecond Leafe may be good by Way of
Estoppel: And if the first determine by Surrender,
that is not traverfable, fhall not eftop; one may
not be eftopped by Acceptance, before his Title ac-
crued; an Estoppel must be infifted and relied upon;
and where there is Eftoppel against Eftoppel, it
the Matter at large. I Inft. 352. Hob. 207. Eftop-
puts
pels are to be pleaded relying on the Estoppel; with-
our demanding Judgment fi Actio, &c. 4 Rep. 53.
Eftovers, (Fr. Eftover, from the Verb Eftoffer) Sig-
nifies to fupply with Neceffaries; and is generally
ufed in the Law for Allowances of Wood made of
Tenants, comprehending Houfe-bote, Hedge-bote and
Plough-bote, for Repairs, &c. And in fome Manors,
the Tenants pay a certain fmall annual Rent, for
Eftovers out of the Lord's Woods Weftm. 2. cap. 25.
20 Car. 2. cap. 3. This Word hath been taken for
Suftenance; as Bracton ufes it, for that Suftenance
or Allowance, which a Man committed for Felony
is to have out of his Lands or Goods for himfelf
and his Family during his Impriſonment. Bract. lib.
3. tract. 2. cap. 18. And the Stat. 6 Ed. 1. cap. 3. ap-
plies it to an Allowance in Meat, Clothes, c. În
which Senfe, it has been used for a Wife's Alimony.
See Common of Eftovers.
In
Eftray, (Extrabura, from the old Fr. Eftrayeur) Is
any Beaft that is not wild, found within a Lordſhip,
and not owned by any Man; pecus quod elapfum ¯à
cuftode campos pererrat, ignoto Domino: In which Cafe
if it be tried and proclaimed according to Law in
the two next Market-Towns on two Market-Days,
and is not claimed by the Owner within a Year and
a Day, it belongs to the Lord of the Liberty. Brit.
cap. 17. And Swans may be Efray, as well as Beafts;
and are to be proclaimed, &c. i Roll. Abr. 878. If
the Beaft ftray to another Lordship within the
Year, after it hath been an Eftray, the firft Lord
cannot retake it, for until the Year and Day be
paft, and Proclamation made as aforefaid, he hath
no Property; and therefore the Poffeffion of the
fecond Lord is good against him. Wood's Inst. 213.
Cro. Eliz. 716. If the Cattle were never proclaimed,
the Owner may take them at any Time: And
where a Beaft is proclaimed as the Law directs, if
the Owner claims it in a Year and a Day, he ſhall
have it again; but must pay the Lord for Keeping.
Forfeiture, &c. the fecond Leffee will have the 1 Rol. Abr. 879. Finch 177.
Land. But if the fecond Leafe be by Deed Poll, it Eftray, without telling the Marks, or proving the
An Owner may ſeiſe an
will be void. I Co. Rep. 155. If a Leffor at the Property, (which may be done at the Trial, if con-
Time of making the Leafe, hath nothing in the tefted) and tendering Amends generally is good in
Land, but after he gets it by Purchaſe or Difcent, this Cafe, without fhewing the particular Sum;
it is a good Leafe by Eftoppel. Dyer 256. Plowd. 344. becauſe the Owner of the Eftray is no Wrong Doer,
1 Inft. 47. A Recital in a Deed fhall not eftop aand knows not how long it has been in the Poffef
Perfon, unless it be of a particular Fa&t, or where fion of the Lord, &c. which makes it different
it is material, when it may be Estoppel. Cro. Eliz. from Trefpafs, where a certain Sum must be ten-
362. The Lord by Deed indented, reciting that dered. 2 Salk 686. In Cafe of an Eftray, the Lord
his Tenant holds of him by fuch Services, whereas ought to make a Demand of what the Amends
he doth not, confirms to the Tenant, faving his Ser-fhould be for the Keeping; and then if the Party
vices; 'tis no Estoppel to the Tenant. 35 H. 6. 33. thinks the Demand unreasonable, he must tender
Plowd. 130. If one do make a Deed by Duress of fufficient Amends; but if what he tenders is not e-
Impriſonment, and when he is at large makes a nough, the Lord fhall take Iffue, and 'tis to be fet-
Defeafance to it; he is eftopped to fay it was per tled by the Jury. Noy 144. Trin. 5 Ann. A Beaſt
Duress. Bro. Defeaf. 17. Where the Condition of a Eftray
Where the Condition of a Eftray is not to be uſed in any Manner, except in
Bond is in the Particularity, as to enfeoff J. S. of Cafe of Neceffity; as to milk a Cow, or the like;
the Manor of D. or to pay fuch a Sum of Money but not to ride an Horfe. Cro. Fac. 148. 1 Roll. 673.
as he stands bound to pay to W. S. or to ftand to Eftrays of the Foreft are mentioned in the Statute of
the Sentence of J. S. in a Matter of Tithes in Que- 27 H. 8. cap. 7. The King's Cattle cannot be Eſtrays
ftion between them; here the Party is eftopped to or forfeited, &c.
deny any of theſe Things, which in the Condition
he did grant: But if a Condition be in the Genera-
lity, to enfeoff one of all his Lands in D. or to be
nonfuit in all A&tions, &c. it is no Estoppel. Dyer 196.
18 Ed. 4. 54. If a Man in pleading confefs the
Thing he is charged with, he cannot afterwards de-
ny it: Though a Plaintiff fhall not be eftopped to
4
Eftreat, (Extractum) Is ufed for the true Copy
or Note of fome original Writing or Record, and
especially of Fines, Amercements, &c. impoſed in the
Rolls of a Court, to be levied by the Bailiff or o-
ther Officer. F. N. B. 57, 76. Stat. Weftm. c. 8.
Juftices, Commiffioners, &c. are to deliver their
Eftreats into the Exchequer yearly after Mihaelmas :
And
氰
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And Fines to have Writs, which fhall be entered | ing Action of Dower, Writ of Eftrepement lies.
in the Eftreat, in Order as they are entered in the 5 Rep. 115. It alfo lies in Cafes of Diffeifins: And
Chancery-Rolls, c. 51 H. 3. 15 E. 2. c. 2. Thefe where a Writ of Error is brought to reverſe a
Eftreats relate to Fines for Crimes and Offences, Common Recovery, whilft the Writ is depend-
Defaults and Negligences, of Parties in Suits and ing, Eftrepement may be awarded to the Tenant;
Officers, Non-appearance of Defendants, and Jurors, likewife on a Scire facias brought against the Ter-
c. And all forfei ed Recognizances are to be firft tenants, in Reverfal of a Recovery, it will lie. Cro.
eftreated into the Exchequer, by Sheriffs of Coun- Eliz. 114. Moor 622. But pending a Writ of Parti-
ties; on which Procefs iffues to levy the fame to tion between Coparceners, if the Tenant commit
the Ufc of the King. Stat. 22 & 23 Car. 2. cap. 22. Wafte, this Writ will not be granted; becauſe there
Eftreats are to be levied on the right Perfons: And is equal Intereft between the Parties, and the Writ
Sheriff's Eftreats must be in two Parts, indented and will not lie, but where the Intereft of the Tenant
fealed by the Sheriff, and two Juftices of the Peace; is to be difproved. Goldsb. 50. 2 Nelf. Abr. 754. Writ
who are to view them, and one of them is to re- of Eftrepement is directed to the Tenant and his Ser-
main with the Sheriff, and the other with the Ju- vants, or to the Sheriff: And if it be directed to
Atices. 11 H 7. c. 15. The Eftreats of Fines, at the the Tenant and his Servants, and they are duly fer-
Quarter-Seffions, are to be made by the Juftices; ved with ir, if they afterwards commit Walte, they
and to be double, one whereof is to be delivered to may be committed to Prifon: But it is faid not to
the Sheriff by Indenture. 14 R. 2. cap. 11. Fines, be fo, when directed to the Sheriff, becauſe he may
Poft-Fines, Forfeitures, &c. must be eftreated into raife the Poffe Comitatus to refift them who make
the Exchequer twice a Year, on Pain of 501. And Wafte. Hob. 85. Though it hath been adjudged,
Officers are to deliver in their Returns of Eftreats that the Sheriff may likewife imprifon Offenders, if
upon Oath. 22 & 23 Car. 2. 4 & 5 W. & M. 'Tis he he put to it; and that he may make a Warrant
the Courſe of the Court of B. R. to fend the Eftreats to others to do it. 5 Rep. 115. 2 Inft. 329. In the
twice a Year into the Exchequer, viz. on the laft Chancery, on filing of a Bill, and before Anfwer,
Day of the two iffuable Terms; but in extraordi- the Court will grant an Injun&tion to stay Waſte,
nary Cafe there may be a Rule to eftreat them &c. 1 Lill. 547. The Writ of Eftrepement commands
Tooner. I Salk. 55. Ámercements are not uſually the Sheriff; That to the Meffuage, &c. perfonally com-
difcharged on Motion, and there ought to be a Con- ing, he do Order that Waste or Eftrepement of the faid
fat of the Eftreat; though the Court may give Meffuage, against the Form of the Statute in this Cafe
Leave to the Sheriff to compound them. Ibid. 54. made and provided, be not made pending the Plea, &c.
I Nelf. Abr. 207.
Eftreciatus, Is a Word fignifying Streightened.
Inuirendum eft de viis Domini Regis Eftrechiatis.
R. Hoveden, p. 783.
Etheling or Etheling, (Sax.) Signifies Noble,
and among the English Saxons, it was the Title of
the Prince, or the King's cldeft Son. Camden. Sce
Adeling.
Eftrepe, (Fr. Eftropier) To make Spoil in Lands to Evation, (Evafio) Is a fubtle Endeavouring to fet
the Damage of another, as of the Reverfioner, &c.afide Truth, or to escape the Punishment of the
Eftrepement (Estrepamentum, from the Fr. Eftro Law; which will not be endured. If a Perfon fays
pier, Mutilare, or from the Lat. Extirpare) Is where to another that he will not ftrike him, but will
any Spoil is made by Tenant for Life, upon any give him a Pot of Ale to ftrike firft; and accord-
Lands or Woods, to the Prejudice of him in Re-ingly he ftrikes, the Returning of it is punishable;
verfion; and alfo fignifics to make Land barren by and if the Perfon first ftriking be killed, it is Mur-
continual Ploughing. Stat. 6 Ed. 1. cap 13. It feems der; for no Man fhall evade the Juftice of the Law,
by the Derivation, that Eftrepement is the unreafon- by fuch a Pretence to cover his Malice. 1 H. P. C.
able Drawing away the Heart of the Ground, by 81. No one may plead Ignorance of the Law to
Ploughing and Sowing it continually, without Manu-evade it, &c.
Evesdroppers, Are fuch Perfons as ftand under
the Eves or Walls or Windows of a Houfe, by Night
or by Day, to harken after News, and carry it
to others, and thereby caufe Strife and Contention.
in the Neighbourhood. Terms de Ley 317. They
are called evil Members of the Common-wealth;
and by the Statute of Weftm. 1. c. 33. they may be
punished, either in the Court Leet by Way of Pre-
fentment, and Fine; or in the Quarter-Seffions by
Indictment, and binding to the good Behaviour.
Kitch. 11.
ring or other good Husbandry, whereby it is impair- Evenings, The Delivery at Even or Night of a
ed: And yet Eftropier fignifying Mutilare, may no certain Portion of Grafs, or Corn, &c. to a Cu.
lefs be applied to the cutting down Trees, or topftomary Tenant, who performs the Service of Cut-
ping them farther than the Law allows. In ancient ting, Mowing or Reaping for his Lord, given him
Records, we often find Vaftum & Eftrepamentum as a Gratuity or Encouragement. Kennets's Gloff.
facere: And this Word is uſed for a Writ, which lies
in two Cafes; the one, when a Perfon having an
Action depending, as a Formedon, Writ of Right,
c. fues to prohibit the Tenant from making Wafte,
during the Suit; the other is for the Demandant,
who is adjudged to recover Seifin of the Land in
Queftion, before Execution fued by the Writ Habere
facias Poffeffionem, to prevent Wafte being made till
he gets mio Poffeffion. Reg. Orig. 76. Reg. Fudic. 33.
F. N. B 60, 61. The Writ of Eftrepement lics pro-
perly where the Plaintiff in a real Action, fhall
not recover Damages by his Action; and it as it Evi&tion, (From Evinco to overcome) Is a Reco
were fupplies Damages, for Damages and Cofts very of Land, c. by Law. If Land is evicted, be-
may be recovered for Wafte, after the Writ of E-fore the Time of Payment of Rent on a Leafe, no
freement is brought. A Writ of Eftrepement was de-
livered to the Tenant in Formedon, who notwith-
ftanding committed Wafte, and thereupon the De-
mandant counted upon this Writ; the Tenant
pleaded Non fecit Vaflum contra Prohibitionem; and
was found by Verdict that he did, whereupon the
Demandant the Plaintiff, had his Damages and Cofts.
Moor 100. This Writ may be fued out with the O
riginal in the Action; and in fome Cafes may be
brought as well after, as before Judgment, where
Execution is not had; but is ufually before Judg.
ment. 2 Inft. 328. If Tenants commit Walte in
Houſes affigned a Feme for Dower, on her bring-
Rent fhall be paid by the Leffee. 10 Rep. 128. Where
Lands taken on Entent are evicted or recover'd by
better Title, the Plaintiff fhall have a new Execu
tion. 4 Rep. 66. If a Widow is evicted of her Dow-
iter or Thirds, fhe fhall be endowed in the other
Lands of the Heir. 2 Dano. Abr. 670. And if on an
Exchange of Lands, either Party is evicted of the
Lands given in Exchange, he may enter on his own
Lands. 4 Rep. 121.
Evidence, (Evidentia) Is ufed in the Law for fome
Proof, by Teftimony of Men on Oath, or by Wri
tings or Records. It is called Evidence, because
thereby the Point in Iffue in a Caufe to be tried, is
4 B
to
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:
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con-
to be made evident to the Jury; for Probationes debent | Knowledge before retained, not as Counfel or At-
effe Evidentes & Perfpicue. Co. Lit. 283. The Evidence torney, 1 Ventr.97. The Bail cannot be an
to a Jury ought to be upon the Oaths of Witneffes; Evidence for his Principal. State Tr. If the Plaintiff
or upon Matters of Record, or by Deeds proved, makes one a Defendant in the Suit, on Purpoſe to
or other like authentical Matter. 1 Lill. Abr. 547. impeach his Teftimony, under a Pretence of his be
And Evidence containeth Teftimony of Wirneffes, and ing a Party in Intereft, he may nevertheless be ex-
all other Proofs to be given and produced to a Jury amined de bene effe; and if the Plaintiff prove no
for the Finding of any Iffue joined between Parties. Caufe of Action against him, his Evidence fhall be
1 Inft. 283. As to Proof by Witneffes, they cannot allowed in the Caufe. 2 Lill. Abr. 701. Alfo if where
teftify a Negative; and the Common Law required a Man makes himself a Party in Intereft, after a
no certain Number of Witneffes, though they are Plaintiff or Defendant has an Intereſt in his Evidence,
required by Statute in fome Cafes: The Teftimony he may not by this deprive them of the Benefit of
of one fingle Evidence is fufficient for the King in his Teftimony. Skinner's Rep. 586. One that hath a
all Caufes, except for Treafon; where there muft Legacy given him by Will, is not a good Witnefs to
be two Witneffes to the fame Overt-Act, &c. In prove the Will; but if he releafe his Legacy, he
all other criminal Matters, one Evidence is enough; may be a good Evidence. Ibid. 704. It is the fame of
and to a Jury one Witnefs is fufficient. 3 Inft. 20. a Deed, he that claims any Benefit by it, may not
Mich. 23 Car. B. R. Stat. 7 W. 3. cap. 3. And fome. be an Evidence to prove that Deed, in Regard of his
times violent Prefumption will be admitted for Evi- Intereft: And a Perfon any Ways concerned in the
dence, without Witneffes; as where a Perfon is run fame Title of Land in Queftion, will not be admit
through the Body in a Houfe, and one is feen to ted as Evidence. Ibid. 705. But it has been held that
come out of the Houle with a bloody Sword, c.an Heir apparent may be a Witnefs concerning a
But on this the Court ought not to judge hastily. Title of Land; and yet a Remainder-man, who
1 Inft. 6, 673. And though prefumptive and cir-hath a prefent Intereft, cannot. I Salk. 385. A Lc-
cumftantial Evidence may be fufficient in Felony; it gatee cannot be a Witneſs to the Will, because the
is not fo in Treafon. State Trials, Vol. 4. p. 307. Legacy is devifed to him; though if fuch Legatee
Where Neceffity requires, Witneffes may be exa- be permitted to be fworn and examined, the Coun-
amined apart in Court, 'till they have given all fel cannot afterwards except against his Evidence.
they had to fay in Evidence; fo that what one has i Ld. Raym. 730. The Son of a Legatee, is no
depofed, may not induce another to give his Evi-Witness to a Will in the Spiritual Court; neverthe-
dence to the fame Effect. Fortefc. 54. The King lefs it is held, he may be a good Evidence to prove
cannot be a Witnefs under his Sign Manual, &c.a nuncupative Will, within the Intent of the Sta-
2 Rol. Abr. 686. Though it has been allowed he tute of Frauds. Ibid. 85. A Grantee, who is a barc
may, in Relation to a Promife made in Behalf Trustee, 'tis faid is a good Witnels to prove the
of another, Hob. 213. A Peer produced as an Evi- Execution of the Deed made to himſelf. P. Wil
dence, ought to be fworn. 3 Keb. 631. It is no Ex-liams 290. If an Action is brought against many
ception to an Evidence that he is a Judge, or a Ju-
ror, to try the Perfon; for a Judge may give Evi-
dence going off from the Bench. 2 Hawk. P. C. 432.
And a Juror may be an Evidence as to his particular
Knowledge; but then it must be on Examination in
open Court, not before his Brother Jurors. 1 Lill.
552. Members of Corporations fhall be admitted
or refuſed to give Evidence in Actions brought by
Corporations, as their Intereft is fmall or great;
whereby it may be judged whether they will be par-
tial or not. 2 Lev. 231, 241. But they will not ge-
nerally be admitted; though Inhabitants not free of
the Corporation may be good Witneffes for the Cor-
poration, as their Intereft is not concerned; and
Members may be disfranchiſed on thefe Occafions.
Ibib. 236. In ÁЯtions againſt Church wardens and O-
verfeers of the Poor for Recovery of Money Mif-
pent on the Pariſh Account, the Evidence of the Pa-
rishioners, not receiving Alms, fhall be allowed.
Stat. 3 & 4 W. & M. cap. 11. And in Informations
or Indictments for not repairing Highways and
Bridges, the Evidence of the Inhabitants of the
Town, Corporation, &c. where fuch Highways lic
fhall be admitted. 1 Ann. cap. 1S. A Party in-
tereſted in the Suit; or a Wife for or against her
Husband, a Husband againſt the Wife, (except in
Cafes of Treafon) may not be Witneffes. 4 Inft. 279.
Yet it has been adjudged that a Wife may be ad-
mitted as an Evidence for the Husband on her being
feduced to live with an Adulterer, againſt the A-
dulterer; and fhe may be a Witnefs to prove a
Cheat upon her and her Husband, Sid. 431. Kin
men, though never fo near, Tenants, Servants, Ma-
fters, Attornies for their Clients, and all others that
are not infamous, and which want not Understand-3
ing or are not Parties in Intereft, may give Evi-
dence in a Caufe; tho' the Credit of Servants is
left to the Jury. 2 Rol. Abr. 685. 1 Vent. 243. A
Counsellor, Attorney, or Solicitor, is not to be ex-
amined as an Evidence against their Clients, becaufe
they are obliged to keep their Secrets; but they
be examined, as to any Thing of their own
may
4
Perfons for taking of Goods, one of them
cerned may be admitted as an Evidence against the
Reft. Comberb. 367. Sec 1 Mod. 282.
See i Mod. 282 In criminal
Cafes, as of Robbery on the Highway, in Action
against the Hundred; in Rapes of Women, or
where a Woman is married by Force, &c. a Man
or a Woman may be an Evidence in their own Cauſe.
An A-
Vent. 243. And in private notorious Cheats, a
Perfon may give Evidence in his own Caufe, where
no Body elfe can be a Witnefs of the Circumftances
of the Fact, but he that Suffers. 1 Salk. 286. Upon
an Information on the Statute against Ufury, he
that borrows the Money, after he hath paid it, may
be an Evidence; but not before. Raym. 191.
lien Infidel, may not be an Evidence; but a Few
may, and be fworn on the Old Testament. 1 Inft. 6.
A Quaker fhall not be permitted to give Evidence in
any criminal Caufe: Though on other Occafions,
his folemn Affirmation fhall be accepted inftead of
an Oath. Stat. 7 & 8 W. 3. cap. 34. Perfons non
fane Memoria; thofe that are attainted of Confpi-
racy, or in a Pramunire upon the Statute § Eliz.
Popish Recufants convict, on the Stat. 3 Fac. I. c. 5.
are difabled to give Evidence. So Perfons convicted
of Felony, Perjury, &c. And if one by Judgment
hath ftood in the Pillory, or been whipp'd; for this
Infamy he fhall not be admitted to give Evidence,
whilft the Judgment is in Force: But the Record
of Conviction muft be produced, on objecting againft
his Teftimony; and the Witnefs fhall not be asked
any Queftion to accufe himself, though his Credit
may be impeached by other Evidences, as to his Cha-
ra&ter in general, fo as not to make Proof of parti-
cular Crimes, whereof he hath not been convicted.
Inft. 10S, 219. 3 Lev. 426. If after a Man hath
ftood in the Pillory, c. he be pardoned, he may
be an Evidence: And notwithstanding Judgment of
the Pillory infers Infamy at Common Law; by the
Civil and Canon Law it imports no Infamy, unleſs
the Caufe for which the Perfon was convicted was
infamous; and therefore fuch may be a good Wit-
nefs to a Will, if not convicted of any infamous A&.
3 Levi
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}
EV
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•
3 Lev. 426, 427. It has been held, that 'tis not fhall not be examined to any Thing that does not re-
tanding in the Pillory, difables a Perfon to give E-late to the Matter in Iflue. Ibid. Vol. 2. 343. And
vidence; but ſtanding there upon a Judgment for an where an Iffue is not perfe&t, no. Evidence can be ap-
infamous Crime, as Forgery, &c. If for a Libel, a plied, nor can the Juftices proceed to Trial. Brownl.
Man may be a Witnefs. 5 Mod. 74. 3 Nelf. Abr. 557. 2.47, 435. If Evidence doth not warrant and main-
A Man is convicted of Felony, and afterwards par- tain the fame Thing that is in Iffue, the Evidence
doned, he may be a good Evidence. Raym. 369. So is defective, and may be demurred upon; but pro-
where burnt in the Hand, which is quafi a Statute-ving the Subftance is fufficient. Trials per pais
Pardon; and 'tis faid 'tis Burning in the Hand re- 425. Evidence may be given of Facts before and af
ftores the Offender to his Credit. Ibid. 330. A Per-ter the Time they are laid in the Indictment. And
fon who was condemned to be hanged for Burglary, where a Place is laid only for a Venue in an India-
but having a Pardon for Transportation, hath been ment or Appeal, (and not made Part of the De-
allowed to be a good Evidence. 5 Mod. 18. One our-feription of the Fact) Proof of the fame Crime may
lawed for Treafon and pardoned, may be an Evi be made at any other Place in the fame County;
dence. State Trials, Vol. 3, 515. Perfons acquitted, and after a Crime hath been proved in the County
or guilty of the fame Crime, (while they remain where laid, Evidence may be given of other Instances
unconvicted) may be Evidence against their Fellows. of the fame Crime in another County, to fatisfy the
Kel. 17. Though no Evidence ought to be given of Jury. 2 Hawk. P. C. 436. But where a certain
what an Accomplice hath faid, who is not in the Place is made Part of the Defcription of the Fact a-
fame Indictment. State Trials, Vol. 2. 414. An In-gainst the Defendant, the leaft Variation as to fuch
former may be a Winefs, though he is to have Place between the Evidence and Indictment is fatal.
Part of the Forfeiture, where no other Witneffes Ibid. 435. It hath been alfo adjudged, that where
can be had. Wood's Inft. 598. A Witness fhall not an Indictment fets forth all the fpecial Matter in
be examined where his Evidence tends to clear or Refpect whereof the Law implies Malice, Variance
accuſe himſelf of a Crime. State Trials, Vol. 1. 557. between the Indictment and Evidence as to the Cir-
And a Witness fhall not be crofs examined till he cumftances of the Fact doth not hurt; fo that the
hath gone through the Evidence on the Side wherein Subftance of the Matter be found by the Evidence.
produced. Ibid. Vol. 2. 772. The Court is to exa- 2 Hawk. 438. An Evidence against the King in
mine the Witneffes, and not the Prifoner or Profe- Treafon, or Felony, for the Criminal, was not to be
cutors. Ibid. Vol. 1. 143. An Evidence fhall not be per-examined on Oath by the Common Law: But by
mitted to read his Evidence; but he may look on his Statute, Witneffes for a Prifoncar are to be sworn,
No es to refreſh his Memory. Ibid. Vol. 4. 45. An as in Cafe for the King, and Process for their Ap-.
Evidence may not recite his Evidence to the Jury, af-pearance is to be taken out. 3 Inft. 79. Stat. 7 W. 3.
ter gone from the Bar, and he hath given his Evi- i Ann. If a Witneſs ferved with Procefs in a Civile
dence in Court; if he doth, the Verdict may be fet Caufe refufe to appear, being tendered reaſonable.
afide. Cro. Eliz. 159. One that is to be an Evidence Charges, and having no lawful Excufe, Action on
at a Trial, ought not to be examined before the the Cafe lies against him, whereon 10%. Damages,
Trial, but by the Confent of both Parties, and a and other Recompence to the Party fhall be reco-
Rule of Court for that Purpoſe: But if a Witness vered; and a Feme Covert not appearing, Action
is not able to attend the Trial, a Judge may ex may be brought againſt the Husband and her. Stat.
cufe his Non-appearance, and certify his Examina. 5 Eliz. cap. 9. 1 Leon. 112. Where any Witneſs ac-
tion; though an Examination ought not to be read, cepts of a Shilling, and has a Promife of the Pay-
where the Evidence himself may be produced. Statement of his Charges, fuch Acceptance is fufficient
Trials, Vol. 1. 526. If a Perfon who gave Evidence, to maintain any fuch Action: But without that the
in a former Trial, be dead; upon Proof of his Party cannot fupport an Action upon the Statute, for
Death, any Perfon who heard him give Evidence, not giving Evidence, but must tender the Witnefs his
may be admitted to give the fame Evidence between reafonable Charges, at a reaſonable Time before the
the fame Parties; but a Copy of the Record of the Trial, W. Jones 430. In a criminal Caufe, if
Trial when the Evidence was given ought to be pro-a Witness refufe to appear and give Evidence, being
duced. 3 Inft. 2. Lill. Abr. 705. A Witness by Hear- ferved with Procefs, the Court will put off the Trial,
fay of a Stranger, fhall not be allowed; except and grant Attachment against him; and as refufing
perhaps to confirm the Evidene of a Witnefs that to give Evidence is a great Contempt, the Party may
Spoke of his Knowledge. Wood's Inft. 644. And Evibe committed and fined. 1 Salk. 278. Preventing
dence given at one Trial, has been held not to be
Evidence at another's Trial. State Trials, Vol. 2. 308,
337. No Evidence is neceffary in paffing a Bill of
Attainder, but private Satisfaction to every one's
Confcience is fufficient. Ibid. Vol. 1. 676. But the
fame Evidence is requifite on an Impeachment in
Parliament, as in private Courts. Ibid. Vol. 4. 311,
318. Members of either House of Parliament may
be Witneffes on Impeachments. Ibid. Vol. 2. 632.
Evidence cannot fupply a Defect in the Charge a
gainft a Criminal. Ibid. Vol. 720. No Evidence ought
to be produced against a Man in a Trial for his
Life, but what is given in his Prefence. Ibid. Vol. 4.
227. And Evidence fhall not be given against the
Prifoner for any other Crime than that for what
profecuted. Ibid. Vol. 3. 947. A Prifoner may bring
Evidence to prove that the Witneffes gave a different
Teſtimony before a Juftice of Peace, or at another
Trial: Though, he may not call Witneffes to dif
prove what his own Evidences have fworn. Ibid. Vol. 2.
623, 792. And no Objection can be made to the
Evidence after Verdi&t given. Vol. 4. 35. It is juf
tifiable to maintain or fubfift an Evidence; but not
to give him any Reward, for this, if proved, will
avoid his Teſtimony. Ibid. Vol. 2. 470. A Witnefs
Evidence to be given againſt a Criminal, is punish-
able by Fine and Imprisonment; and a Perfon was
fined one thouſand Marks in fuch a Cafe. Hill. 1663.
B. R. Perfons diffuading a Witnefs from giving Evi-
dence, &c. And Jurors or others difclofing Evidence
given, are likewife Offences punified by Fine and
Imprifonment. 1 Hawk. 59. The Burthen of pro-
ving lics on the Plaintiff; and the Prefumption hall
ftand, until the contrary appears: Tho' that which
plainly appeareth, need not be given in Eviden e.
7 Rep. 40.
Rep. 40. 1 Inft. 233. The Defendant's Counfel
is to conclude by Way of Anfwer to the Evidence
given to the Jury by the Plaintiff's Counſel: But
he who doth begin to maintain the Iffue to be tried,
ought to conclude and fum up the Evidence given,
which is no more than to put the Jury in Mind how
he hath proved his Caufe. 1 Lill: 551.
are
Evidence by Records and Writings, Is where Acts of
Parliament, Statures, Judgments, Fines and Reco-
veries, Proceedings of Courts, and Deeds, &c.
admitted as Evidence. A general A& of Parliament
may be given in Evidence, and need not be pleaded;
and of thefe the printed Statute-Book is good Evi-
dence: But in the Cafe of a private A&t, a Copy of
it is to be examined by the Records of Parliament,
and
{
EV
E V
Re-
and it is to be pleaded. Trials per pais 117, 232. dence, they may have; and nothing which was not
The Statute of Limitations, &c. may be given in given in Evidence; for the Court gives their Direc-
Evidence. I Salk. 278. On Nil debet pleaded, this tion to the Jury upon the Evidence given in Court.
Statute may be given in Evidence; but 'tis faid not 1 Lill. 313. It is dangerous to fuffer any who by
upon Non Affumpfit. 3 Salk. 154. Journals and other Law ought to fhew forth any Deed, to prove in E-
Proceedings in the House of Commons have been vidence, that there was fuch a Deed, which they had
held to be no Evidence. State Trials, Vol. 3. 470 feen or read, &c. For there might be Imperfections
Though it is otherwife, Vol. 3. Soo. A Hiftory of in the Deed, or it may be on Condition, with Limi-
England, or printed Trial, may not be read as Evi tation, &c. 10 Rep. 92. A Deed tho' fealed and deli-
dence. 1 Lill. 557. Camden's Britannia was not allowed vered, if not ftamp'd according to A&t of Parlia-
as Evidence: But it has been held, that an Hiftory ment, cannot be pleaded or given in Evidence in any
may be Evidence of the gencral History of the Court. Stat. 5 & 6 W. M. cap. 21.
A Deed can-
Realm, though not of a particular Cuftom, &c. not be proved by a Counterpart of it or Copy, it
Mich. 7 W. 3. B. R. Skinner's Rep. 623. An Exem- the Original is in Being, and may be had though-
plification of the Inrolments of Letters Patent under it may be when the Original cannot be procured.
the Great Seal, may be pleaded in Evidence. 3 Inft. 1 Inft. 225. 10 Rep. 92. The Counterpart of an an-
175. Records and Inrolments prove themselves; cient Deed hath been allowed to be given in Evi-
and a Copy of a Record or Inrolment fworn to, dence. Mod. Caf. 225. But it hath been held that
may be given in Evidence. 1 Inft. 117, 262. A Tran- the Counterpart of a Deed, without other Circum-
feript of a Record in another Court, may be given ftances, is not fufficient Evidence; unless in Cafe of
in Evidence to a Jury. 1 Lill Abr. 551. There is a a Fine, when a Counterpart is good Evidence of it-
Difference between Pleading a Record, and giving felf. 1 Salk. 287. Where a Deed was cancelled by
the Record in Evidence; if it be pleaded, it must be Practice, that being proved, it was allowed to be
fub pede Sigilli, or the Judges cannot judge thercof: Evidence in an Action under the Decd. Hetl. 138.
Tho' where it is given in Evidence, if it be not under The Recital of a Deed is no Evidence without fhew-
Seal, the Jury may find the fame, if they have other ing the Deed; or proving that there was fuch a
good Matter of Inducement to prove it. Style's Rep. Deed, and it is loft. 1 Infl: 352. Vaugh. 74.
22. A Fine or Recovery may be given in Evidence, cital of a Leafe, in a Deed of Releafe is good
without vouching the Roll of the Recovery; for the Evidence that there was fuch a Leafe against the
Part indented is the ufual Evidence that there is fuch Releffor, and thofe claiming under him; but not
a Fine: But it is faid the Fine ought to be fhewed against others, except there he Proof that there
with the Proclamations under Seal. 10 Rep. 92. was fuch Leafe. 1 Salk. 286. A Settlement fet forth
2 Roll. Abr. 574 A Record of an inferior Court, in a Bill in Chancery, and admitted in the Anſwer;
hath been rejected in Evidence, and the Party pur and where it was proved that the Deed was in the
to prove what was done: And Proceedings of Poffeffion of fuch a one, &c. hath been judged a
County Courts, Courts-Baron, &c. may be tried by good Evidence of the Deed of Settlement, where not
a Jury; for it hath been adjudged that they cannot to be found. 5 Mod. 384. The Probat of a Will, when
be proved by the Rolls, but by Witneffes. Lit. 75.it concerns perfonal Eftate only, may be given in
But Court Rolls of a Court-Baron, when fhewn are Evidence: But where Title of Lands is claimed
good Evidence; and in fome Cafes, Copies of the under a Will, the Will muſt be fhewn, not the
Court-Rolls have been allowed as Evidence; and in Probate: Though if the Will be proved in the
others not. Trials per pais 178, 228. A Copy of Chancery, Copies of the Proceedings there will be
Copyhold Lands may be given in Evidence, where Evidence. 2 Roll. Abr. 678. Trials per pais 234. A
the Rolls are loft. Mich. 15 Car. B. R. Inrolment Bill in Chancery has been admitted as flight Evidence
of a Deed is proved on certifying it by an exa-against the Complainant: An Anfwer in Chancery is
mined attefted Copy; though Inrolment of a Deed Evidence against the Defendant himself, though not
which needs no Inrolment, or the Eftate doth not against others. 1 Vent. 66. Trials per pais 167. But
pafs by it, is only Evidence to fome Purpoſes. 3 Lev. when a Party gives an Anfwer in Chancery in Evi-
387. An ancient Deed proves itfelf, where Poffefdence at a Trial, though he infift to read only fuch
fion has gone accordingly: But later Deeds must be a Part of it; yet the other Side may require to
As in Cafe of a
proved by Witneffes. i Inft. 6. If all the Witneffes have the whole read. 5 Mod. 10.
to a Deed are dead, continual and quiet Poffeffion Writing permitted to be read to prove one Part of
is prefumptive Evidence of the Truth of it; yet it an Evidence, which may be read to prove any other
may receive farther Credit by Comparison of Hands Part of the Evidence given to the Jury. Depofitions
and Seals. Wood's Inft. 599. When Witneffes to of Witneffes in Chancery between the fame Parties,
Deeds are dead, their Hand-writing must be proved. may be given in Evidence at Law, especially if the
2 Inft. 118. And where there are feveral Witneffes Witneffes are dead, and the Bill and Anfwer proved.
to a Deed, and they are all dead but one, a Subpoc Trials per pais 167, 207, 234. Regularly Depo-
na muſt be taken out against the living Man, and fitions in Chancery of a Witnefs may not be giveň
Ari& Enquiry made after him, and Affidavit is to in Evidence, if he be alive; unless he be in France,
be made that he cannot be found; before the dead or in another Kingdom, not fubje&t to the Domi-
Men's Hands are to be proved. 1 Lill. 556. An nion of our King. Ibid. 359. But Depofitions in
old Deed proved to have been found among Deeds Chancery, after Anfwer, between the fame Parties,
and Evidences of Land, may be given in Evidence to may be read as Evidence, though the Witneffes are
a Jury; tho' the executing of it cannot be proved not dead, if they cannot be found on Search.
and made out. Trin. 9 W. 3. B. R. 3 Salk. 153. A Shower 3. 3. 1 Salk. 278. Depofitions in Chancery
Deed may be good Evidence, though the Seal is in perpetuam Rei Memoriam, are not to be given in
broken off: And where a Deed is burnt, &c. the Evidence fo long as the Parties are living. 1 Salk.
Judges may allow it to be proved by Witneffes, that 286. And it hath been adjudged that thefe Depofi-
there was ſuch a Deed, and this be given in Eoi-tions to perpetuate Teftimony, on a Bill exhibited,
dence. I Lev. 25. But the Court will not allow the fhall not be admitted as Evidence at a Trial at
Jury on a Trial at Bar to carry Deeds, Writings
or Books with them out of Court, as Evidence to
confider of, but fuch as are under Seal, and have
been proved: Though by the Affent of Parties, or
by Affent of the Court without the Parties, they
may be delivered to the Jurors, Cro. Eliz. 421. All
Deeds or Writings under Seal, and given in Evi-
.
+
•
I
Law, except an Anfwer be put in. Raym. 335. If
Depofitions are taken out of the Realm, he who
makes them is fuppofed there ftill, and they fhall
be read as Evidence; but if it appears he is in Eng-
land, they cannot be read, but he must come in
Perfon. 1 Lill. 555. Things done beyond Sea may
be given in Evidence to a Jury; and the Teftimony
of
4
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EX
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1
\
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I
of a publick Notary of Things done in a Foreign (Vaugh. 143, 147. In Debt the Defendant may give
Country, will be good Evidence. 6 Rep. 47. Depo- in Evidence that he paid Money on an Obligation
fitions in the Ecclefiaftical Courts, may not be before the Day, &c. 2 Nelf. Abr. 755. And a Rc-
given in Evidence to a Jury at a Trial; but a Sen-leafe may be given in Evidence on Nil debet. 5 Mod.
tence may in a Cauſe of Tithes, &c. And the Sen- 18.
And the Sen 18. Though in Indebitatus Affumpfit the Plaintiff
tence of the Spiritual Court is conclufive Evidence in fhall not give any Specialty in Evidence to prove his
Cauſes within their Jurifdi&tion. I Salk. 290. 2 Nelf. Debt, as a Bond, Indenture, &c. because he may
161. Depofitions taken before Commiffioners of bring A&tion of Debt upon that Specialty. Moor 340.
Bankrupt, 'tis faid fhall not be used as Evidence at a Entry and Expulfion may be given in Evidence in
Trial. Paf. 18 Car. 2. B. R. Depofitions before a Debt for Rent: Coverture may be given in Ezi-
Coroner, are admitted as Evidence, the Witneffes dence to avoid a Deed, &c. Mod. Caf. 230. Ufuri-
being dead. I Lev. 180. Likewife they have been ous Contracts, &c. may be given in Evidence. 2 Nelf.
admitted where a Witnefs hath gone beyond Sea. 756. Fraud may be given in Evidence, on the Gene-
2 Nelf. Abr. 760. The Confeffion of a Prifoner be-ral Iffue: And Tampering with Witneffes may be
fore a Magiftrate, &c. may be given in Evidence a-given in Evidence against a Party, &c. 5 Rep. 60.
gainst him: And the Examination of an Offender But many Things are to be pleaded; as Juftifica-
need not to be on Oath, but must be fubfcribed by tions without Title, in Trefpaffes, c. and cannot
him, if he confeffes the Fact; and then be given in be given in Evidence upon Nor gnilty. Trials per pais
Evidence upon Oath by the Juftices of the Peace 404. If in Trefpafs, Not guilty be pleaded, a Li-
who took the fame. The Examination of others cence may not be given in Evidence to excufe the
must be on Oath, and proved by the Juftice or his Trefpaffor; for it must be pleaded. Kelw. 59. And
Clerk, c. as to their Evidence, if they are dead, if the Iffue in Detinue, is Non detinet, it shall not
unable to travel, or kept away by the Prifoner. be given in Evidence that the Goods were pledged
H. P. C. 19, 262. Kel. 18, 55. Wood's Inft. 647. The for Money, and the Money not paid; this is not
Examination of an Informer before a Juftice, taken good without pleading it: But a Gift of the Goods.
on Oath, and ſubſcribed, may be given in Evidence by the Plaintiff may be given in Evidence. 1 Inft.
on a Trial, if he be dead, or not able to travel, &c. 283. So in an Iffue in Wafte, no Waste done, the
which is to be made out on Oath. 2 Hawk. P. C. 429. Defendant may give in Evidence, that it came by
A Verdict against one under whom either the Plain- Lightning, Tempeft, or Enemies; but that he re-
tiff or Defendant claims, may be given in Evidence paired, before Action brought, must be fpecially.
against the Party fo claiming; but not if neither Pleaded, &c. Ibid. 282. If an Iffue be taken on the
claim under it. Mich. 1656. B. R. In Eje&tment Cutting of 20 Oaks, Evidence may be for ten; be-
where the Plaintiff hath Title to feveral Lands, caufe either is a Breach of Covenant not to do
and brings Action of Eje&tment against feveral De- Wate. 2 Shep. Abr. 142. In Eject one firme the Plain-
fendants, if he recovers againft one, he fhall not tiff declares for 100 Acres of Land, and gives Zvi-
give that Verdict in Evidence aginft the Reft. 3 Mod.dence only for forty, it will be good for fo much.
141. In a Court of Common Law, a Decree in Cro. 13. The Iffue is of Account before R. and W.
Chancery is no Evidence: Affidavits are not Evidence. and the Evidence and Verdict of an Account before
Letters may be produced as Evidence against a Man, R. alone: Or an Iffue is if 7. S. was taken by a
in Treafon, &c. Similitude of Hands fworn to, has Capias, and Evidence that he was taken by Alias Ca
been allowed as Evidence: But fince the Attainder of pias, thefe will maintain the Iffue; alfo if it be an
Algernoon Sidney, it hath not been admitted in any Agreement, a fpecial Agreement may be given in
criminal Cafe. 2 Hawk. 431. Although a Witness Evidence, &c. Hob. 54, 55. Plowd. S. But if the
fwear to the Hand and Contents of a Letter, if he Point in Iffue be the Sealing and Delivery of a
never faw the Party write, it fhall not be allowed Leafe, and the Witneffes prove fealed and deliver-
as Evidence. Mich. 8 W. 3. Skinn. 673. Since no led, but did not know the Leffor that fealed it: Or
Witneſſes are prefent when Goldsmiths Notes are where Proof is not made of Livery and Seifin, on Iffue
given, fuch Notes are allowed as Evidence of the of a Leafe for Life; Or if on an Iffue upon a Ta-
Receipt of Money, or other Thing. 1 Salk. 283. king by Capias ad Satisfaciend. Evidence be of taking
A Shop-Book is Evidence; but it may not be given by Capias Utlagatum, &c. in thefe Cafes the Evidence
in Evidence for Goods fold, &c. after one Year, be- will not be good to maintain the Iffue. Plow. 14.
fore. the Adion brought; unless there be a Bill, Kelw. 55, 59. Hob. 55. Iffue was upon a Prefcrip-
&c. for the Debt; though this extends not to any tion for Common Appendant to 300 Acres in four
Buying or Selling, or Trading between Tradesman Towns, on the Evidence the Jury found it appendant
and Tradefman. Stat. 7 Jac. I. c. 2. To make thefe to 240 Acres in two Towns; and a Manor was gi
Books Evidence, there ought to be the Hand of the ven in Evidence in another County, &c. and they
Perfon to the Books that delivered the Goods, which were held infufficient. Hob. 209, 188. Where Jufti-
muſt be proved. 1 Salk. 285. A Church Book fome ces of Peace fued for Things done in their Offices,
Writers fay is not to be admitted as Evidence; tho may give Special Matter in Evidence. Stat. 21 Fzc.
others fay it may. 1 Cro. 41-1. Tis faid Copies of 1. Vide Justice. Sec Copy, Depofitions, &c.
publick Books of Corporations, &c. fhall be Evidence. Ewage, (Ewagium) Is the fame with Aquage,
1 Lev. 25. 1 Lill. 551.. But as to Books of Corpo- from the Fr. Eau, Water; and fignifies Toll paid for
rations where Things are entered not of Record, Water-paffage. Charta Regis Johannis,
the Originals are to be produced as Evidence. A Pe-bus de B. quod fint quieti de Thelonio, Scutagio, Paffagio,
digree drawn by a Herald at Arms, will not be ad-Laftagio, de Wrec & Lagan, de Ewagio, &c. Hill. 14
mitted for Evidence, without fhewing the Records or Hen. 3. In Thefauro Reg. Scacc. Ebor. Rot. 15.
antient Books from whence taken; for the Entries Ewbzice, (Sax. Ew, i. e. Conjugium, and Bryce,
in the Herald's Office are no Records, but only cir-fractio) Adultery or Marriage breaking: From this
cumſtantial Evidence: But a Copy of an Infeription Saxon Word Ew, Marriage, we derive our prefent
on a Grave Stone, has been given in Evidence in English Woo, to woo a Dame.
fuch a Cafe.* 2 Roll. Abr. 686, 687. An Almanack
wherein the Father had writ the Day of the Nati-
vity of his Son, was allowed as Evidence to prove Exa&tion, Is defined to be a Wrong done by an
the Nonage of the Son. Raym. 84. Matter in Law Officer, or one in pretended Authority, by taking
ought not to be given in Evidence at a Trial, but a Reward or Fee for that which the Law allows noi.
only Matters of Fact, unless it be in Cafe of a fpe. And the Difference between Exa&ion and Extortion, is
cial Verdict: Matter in Law is diſputable, and re-this: Extortion is where an Officer extorts more
ſerved to be ſpoken to in Arreft of Judgment. than his Due, when fomething is due to him; and
Exation
:
homini-
Ewe, (Euva) A German Word fignifying Law;
it is mentioned in Leg. W. 1.
4 C
1
1
1
}
1
}
EX
Exaction is, when he wrefts a Fec or Reward, where
none is due, for which the Offender is to be fined
and imprifoned, and render to the Party twice as
much as the Money he fo takes. Co. Lit. 368. 10
Rep. 100.
3
Exaltor Begis, The King's Exa&tor or Collec-
tor; fometimes taken for the Sheriff: But general-
ly, Quicunque Publicas Pecunias, tributa, vectigalia &
ves fifco debitas cxigit, proprie nominatur Exactor Regis.
Niger liber Scacc. par. 1. cap. ult.
|
EX
Ed. 1. cap. 31. 2 Inft. 1 Lill. Abr. 232. The Excep-
tions ought to be put in Writing fedente Curia, in the
Prefence of the Judge who tried the Cauſe, and
figned by the Counſel on each Side; and then the
Bill must be drawn up and tendered to the Judge
that tried the Caufe, to be fealed by him; and
when figned, there goes out a Scire facias to the
fame Judge ad cognofcendum fcriptum, and that is
made Part of the Record, and the Return of the
Judge with the Bill it felf,. must be entered on the
Iffue-Roll; and if a Writ of Error be brought, it
is to be returned as Part of the Record. 1 Nelf. Abr.
M. Juftices of Peace are to examine Felons appre-573. If a Bill of Exceptions is drawn up and render-
hended, and Witneffes, before the Felon is commit-ed to the Judge for Sealing, and he refuses to do it,
ted; and the Accufers must be bound over to apon Petition to the Lord Chancellor, he will grant a
pear and give Evidence at the next Affifes, &c. to Writ for that Purpoſe. Theſe Bills of Exception are
which the Examinations are to be certified. Mod. to be brought before a Verdi&t given, and extend
Fuſtice 176, 177. See Evidence.
only to Civil Actions, not to Criminal. Sid. 85.
1 Salk. 288.
Examination, (Examinatio) A Searching after, or
Cognizance of a Magiftrate. By Stat. 2 & 3 P.
Examiners in the Chancery, (Examinatores) Are
two Officers of that Court, that examine upon Oath,
Witneffes produced by either Side, in London, or
near it, on fuch Interrogatories as the Parties to
any Suit exhibit for that Purpose: And fometimes
the Parties themſelves are, by particular Order,
likewife examined by them. In the Country, Wit-
neffes are examined by Commiffioners, (ufually Attor
nies not concerned in the Caule) on the Parties join-
ing in Commiffion, c.
|
:
Exception in Deeds and Writings, Keeps the
Things from paffing thereby, being a Saving out of
the Deed, as if the fame had not been granted:
But it is to be a particular Thing out of a general
One, as a Room out of an Houfe, a Ground out
of a Manor, Timber out of Land, &c. And it muſt
not be of a Thing exprefly granted in the Deed:
Alfo it must be of what is feverable from, and not
infeparably incident to the Grant. 1 Inft. 47. 1 Lev. 287.
Epannual Boll. In the old Way of exhibiting Cro. El. 244. Where an Exception goeth to the whole
Sheriffs Accounts, the illeviable Fines and defperate Thing granted or demifed, the Ex eption is void. Cro.
Debis, were tranſcribed into a Roll under this Name; El. 6. A Man makes a Leafe of a Manor, excepting
which was yearly read, to fee what might be gor-all Courts, &c. the Exception is void as to the Courts;
ten. Hale's Sher. Acco. 67.
F
for having leafed the Manor, it cannot be fuch with
Excambiato2s, A Word uſed anciently for Exchan-out Courts. Hob. 108. Moor 870. A Leaſe was made
gers of Land: Bur Cowel fuppofes them to be fuch
as we now call Brokers, that deal upon the Exchange
between Merchants.
Exception, (Exceptio) Is a Stop or Stay to an Ac-
tion; and divided into Dilatory and Peremptory. Bract.
lib. 5. tract. 5. In Law Proceedings, it is a Denial
of a Matter alledged in Bar to the Action: And in
Chancery it is what is alledged against the Sufficiency
of an Answer, &c. The Counſel in a Cauſe are to
take all their Exceptions to the Record at one Time;
and before the Court hath delivered any Opinion
therein. 1 Lill. Abr. 559. And, on an Indictment for
Treafon, &c. Exception is to be taken for Milnaming,
falfe Latin, &c. before any Evidence is given in
Court; or the Indi&tment fhall be good. Stat. 7 W.
3. c. 3. Where by a general Pardon, any particular
Crime is excepted; if a Perfon be attainted, S. of
that Offence, he fhall have no Benefit of the Par-
don. 6 Rep. 13. 2 Nelf. Abr. 765 And when a Par-
don is with an Exception as to Perfons, the Party,
who pleads it ought to fhew, that he is not any of
the Parties excepted. 1 Lev. 26. A negative Expref-
fion, may be taken to enure to the fame Intent as an
Exception; for an Exception in its Nature is but a
Denial of what is taken to be good by the other
Party, either in Point of Law or Pleading. And
Exceptio in non Exceptis firmat regulam. 1 Lill. 559.
-
of all a Man's Lands in L. excepting his Manor of
H. and he had no Lands in L. but the faid Manor;
it was adjudged that the Manor paffed, and that
the Exception was void. Hob. 170. 2 Nelf. Abr. 764.
A Leafe of an Houſe and Shops, except the Shops;
though this may extend to other Shops, 'tis void as
to the Shops belonging to the Houfe demifed, be
caufe 'tis repugnant to the Leafe. Dyer 265. If an
Exception croffes the Grant, or is repugnant to it,
the fame is void: And if there be a Saving or Ex-
ception out of an Exception, it may make a particu-
lar Thing as if never excepted; as if a Leafe be
made of a Rectory, excepting the Parfonage-Houfe,
faving to the Leffee a Chamber; this Chamber not
being excepted out of the Leafe, fhall pass by the
Leafe of the Rectory. Hob. 72. 170. Cro. El. 372. Owen
20. By Exception of Trees, the Svil is not excepted,
but only fufficient Nutriment for the Trees: For
the Leffee fhall have the Pafture growing under
them; though the Leffor fhall have all the Benefit
of the Trees, Maft, Fruit, &c. and the Trees are
Parcel of the Inheritance. 11 Rep. 48, 50. 5 Rep.
II.
But it has been adjudged, that by an Exception
of Woods, Underwood and Copices, that the Soil
of the Coppices is excepted. Poph. 146. 2 Cro. 487.
If a Leffee for Years, affigns over his Term, ex-
cepting the Trees, &c. the Exception is not good;
because no one can have fuch a ſpecial Property in
the Trees, but the Owner of the Land. 2 Nelf. 764.
Though where Leffee for Life makes a Leafe for
Years, excepting the Wood, &c. this may be a good
Exception, although he hath not any Intereft in it but
as Leffee, in Regard he is chargeable in Wafte, &c.
and hath not granted his whole Term. Cro. Fac. 296.
I Lill Abr. 560. Thefe Exceptions are commonly in
Leafes for Life and Years; and must be always of
a Thing in effe. Co. Lit. 47.
Exception to Evidence, &c. If one of the Par-
ties in a Suit, for the Infufficiency of the Evidence
on the other Side, doth offer to demur upon the
fame, and the Court will not agree to it; then the
Court ought upon Request to feal a Bill of Excep-
tions tendered to them in Writing, which upon a
Writ of Error may be heard. 2 Inft. 246. And
where a Suit is in any Court, if the Plaintiff or
Defendant alledge any Exception to the Judge's Opi-
nion, praying that the fame may be allowed; if
the Judge refufeth it, then the Party making the Exchange, (Excambium or Cambium) Significs ge-
Exception is to write it, and require the Judge to nerally as much as Permutatio with the Civilians;
feal the fame; which being done, and the Bill pro as the King's Exchange, which is the Place appoint-
duced fealed in Court, the Judge that fealed it fhalled by the King for Exchange of Plate or Bullion for
appear at a certain Day to confefs or deny his Seal;
and if the Seal be not denied, Proceedings are had
to Judgment according to the Exception. Stat. 13.
I
the King's Coin, &c. Thefe Places have been di-
vers heretofore; but now there is only one, viz. the
Mint in the Tower. Stat. H. 6. c. 4. By 9 E 3. c. 7.
Exchanges
· ព
1
EX
EX
the Heir of the Perfon non fane, and the Feme af-
ter the Death of the Husband, who may wave the
Poffeffion and diſagree to them, Perk. Sect. 277, 281.
Jointenants and Tenants in Common,, after they
have made Partition, may exchange their Lands: And
by this Deed, Freeholds pafs without Livery and
Seifin; but the Word Exhange is to be ufed, and
it ought to be by Deed indented; and there muft
be Execution of the Exchange, by Entry on the
Lands in the Life of the Parties, or the Exchange
will be void. I Inft. 50. 1 Mod. 91. Sometimes Lands
intended to pafs by Exchange, not having the Qua-
lities and Incidents of exchanged Lands, may pafs
by way of Gift or Grant: As if two Perfons are
feifed of two Acres of Land, and one of them by
Deed gives his Acre to the other, and the other his
Acre to him, and each of them give Livery of Seifin
upon his Acre given in Exchange; here the Acres
will pass from one to the other, but not in a Way
Exchanges are to be kept where the King plcafes:
And every Man may exchange Gold for Silver, or
Silver for Gold, &c. but none fhall take Profit of
Money exchanged, but the King's Exchangers, on Pain
of Forfeiture. 25 Ed. 3. c. 12. Alfo none fhall give
or take any more for Exchange of Coin than the true
Valuc, under the Penalty of Forfeiting the Money
exchanged, or to be fined and imprifoned, &c. 5 &
6 Ed. c. 19. There is a Royal Exchange of Merchants in
London: And Exchange among Merchants, is a Com-
merce of Money, or a Bartering or Exchanging of the
Money of one City or Country for that of another:
Money in this Senfe, is either real or imaginary;
Real, any real Species current in any Country at a
certain Price, at which it paffes by the Authority
of the State, and of its own intrinfick Value: And
by imaginary Money, is underflood all the Deno-
minations made Ufe of to express any Sum of Mo-
ney, which is not the juft Value of any real Spe-
cies. Lex Mercatoria, or Merch. Comp. 98. The Me-of Exchange, becauſe there was no Word of Exchange
thods of Exchange for Money ufed in England ought in the Deed. Litt. Sect. 62. Perk. 253. A Man grants
to be par pro pari, according to Value for Value to another Lands in Fee fimple, for Lands in Tail
And our Exchange is grounded on the Weight and by Way of Exchange; or Land in Tail, for Lands
Fineness of our own Money, and the Weight and for Life, &c. thefe Deeds will not take Effect as
Fineness of that of other Countries, according to Exchanges. Fitz. Exchang. 15, 64. Co. Litt. 64. If Te-
their ſeveral Standards, proportionable in their Vanant in Tail give his Land in Exchange, for other
luation; which being truly and justly made, re- Land of the fame Eftate tail; the Iffuo in Tail
duces the Price of the Exchange of Money of any may make it good if he will, or avoid the Exchange.
Nation or Country to a Certainty. But this Courfe
of Exchange is of late abufed; and Money is be,
come a Merchandize, that rifes and falls in its
Price in regard to the Plenty and Scarcity of it.
Ibid. At London, all Exchanges are made upon the
Pound Sterling of 20s. In the Low Countries, France
and Germany, upon the French Crown; Spain and
Italy, &c. upon the Ducat; and at Florence, Venice,
and other Places in the Streights, by the Dollar and
Florin. See Bill of Exchange.
-
Exchanges of Goods and Merchandize, Were
the original and natural Way of Commerce, pre-
cedent to Buying; for there was no Buying till
Money was invented; though in Exchanging, both
Parties are as Buyers and Sellers, and both equally
warrant. 3 Salk. 157.
Rep. 96. A Feoffment is made to A. and B. and
the Heirs of 1. and they exchange the Land for o-
ther Lands; this will be good, and they fhall hold
the Lands in the fame Nature that the Land given
in Exchange was held. Perk. Sect. 277. If a Lord
releafe to the Tenant his Services in Tail, in Ex-
change of Land given to the Lord in Exchange in
Tail alfo, it is ill: But if Leffee for Life of one
Acre, give another Acre, to his Leffor in Tail,
in Exchange for a Releafe from him of that Acre,
habendum in Tail in like Manner, it is a good
Exchange. Ibid. 283, 219, 276. In Cafe two Per-
fons make an Exchange of Land, and limit no E-
ftare; each fhall have an Eftate for Life, by Impli-
cation: But if an exprefs Eltate be limited to one
for Life, and none to the other, it will be void. 19
Exchange of Lands, Is a mutual Grant of equal H. 6. 27. And to make a good Exchange, both the
Intereft in Lands or Tenements, the one in Exchange Things must be in Effe at the Time of the Ex-
for the other: And is ufed peculiarly in our Com change: Therefore if I grant the Manor of A. to
mon Law for that Compenſation which the Warran- another, in Exchange for the Manor of B. which he
tor must make to the Warrantee, Value for Value, if is to have by Difcent after his Father's Death, this
the Land warranted be recovered from the Warran-is void, becauſe it is not in him. I Inft. 50. 3 E. 4.
tee. Bract. lib. 2. cap. 16. Accomp. Conv. 1 Vol. 170. Alſo | 10.
I
But an Exchange may be made to take Effect
there is a tacit Condition of Re-entry in this Deed, in futuro, as well as prefenily; for if it be, that af
on the Lands given in Exchange, in Cafe of Eviction; ter the Feast of Eafter A. B. fhall have fuch Lands in
and on the Warranty to vouch and recover over in D. in Exchange for his Lands in S. this is good. Perk.
Value, &c. For if either of the Parties is evicted, Sect. 265. Exchange of Lands in divers Countries;
the Exchange is defeated. 4 Rep. 121. If A. B. give and 'tis faid of Land in Ireland, for Land in Eng-
5 Acres of Land in Exchange to C. D. for five other land, may be good. Latch 234. By a fpecial Kind
Acres, and afterwards C. D. is evicted of one Acre, of Agreement, an Exchange may be of unequal
in this Cafe all the Exchange is defeated, and C. D. Eftates. Moor, ca. 909. The Condition and Warranty
may enter on his own again. 4 Rep. 121. Cro. El. in Exchanges run to the Parties in Privity; nor
903. An Exchange may be made of Lands in Fee- an Affignee, &c. And if after two have exchanged
fimple, Fee-tail, for Life, &c. The Eftates granted Lands, one of them Releaſes to the other the War-
are to be equal, as Fee fimple for Fee-fimple, &c. ranty in Law; it will not deftroy the Exchange. 4
though the Lands need not be of equal Value, or Rep. 122. Roll. Abr. 815. The Parties themselves,
of the like Nature: For a Rent in Fee iffuing out and all Privies and Strangers for the most part,
of Land, may be exchanged for Land in Fee; but may take Advantage of Exchanges void, by any
Annuities which charge the Perfon only, are not Defe&t or Accident: Contra if they are voidable,
to be exchanged for Lands. Litt. 63, 64. 1 Inft. 50, &c. 1 Rep. 105. Dyer 285. See Exchanges of Land,
51. If an Exchange be made between Tenant for Accomp. Conveyancer, Vol. 1. pag. 358.
Life, and Tenant in Tail after Poffibility of Iffue
extinct, the Exchange is good; because their Eftates
are equal. 11 Rep. 80. Moor 665. An Exchange made
between Tenant in Tail, and another, of unequal HIS Indenture made, &c. Between A. B. of,
Intereft, may be good during his Life; but his If
&c. of the one Part, and C. D. of, &c. of the
fue, when of full Age, ſhall avoid it. And Exchan-other Part, Witneffeth, that the faid A. B. hath gi
ges made by Infants; by Perfons non fane Memorie;
a Husband of the Wife's Lands, &c. are not void,
but voidable only, by the Infant at his full Age,
Form of a Deed of Exchange of Lands in Fee.
one
to
ven and granted, and by these Prefents doth give and
grant unto the faid C. D. his Heirs and Aſſigns, All that
Meffuage, &c. fituate, lying and being, &c. To have
and
*
EX
EX
1
•
1
and to hold the Meuage or Tenement and Premiffes
abovementioned, with the Appurtenances, unto the faid
C. D. his Heirs and Aſſigns for ever; in Exchange for
all that Meffuage or Tenement, &c. of The Jaid C. D.
fituate and lying, &c. For which Confideration, the
faid C. D. hath given and granted, and by these Prefents
doth give and grant unto the faid A. B. bis Heirs and
Affigns, All that the faid Meffuage or Tenement laft a
bove mentioned, with the Appurtenances; To have and
to hold the faid Meffuage or Tenement and Premises
laft above-mentioned, with the Appurtenances, unto the faid
A. B. bis Heirs and Affigns for ever; in Exchange of
and for the faid Meffuage and Premiffes first above men-and the Acts thereof were not to be examined or
tioned. And the faid A. B. for himself his Heirs and
figns, doth covenant and grant to and with the faid C. D.
his Heirs and Affigns, by these Prefents, that he the faid
C. D. his Heirs and Aſſigns, ſhall or lawfully may from
Time to Time, and at all Times hereafter for ever,
peaceably and quietly enter into, kave, hold and enjoy the
Jaid Meffuage or Tenement and Premiffes first above-quer; Writs of Summons to affemble Parliaments,
mentioned, or intended to be hereby given and granted by
the faid A. B. with the Appurtenances, without any Let,
Trouble, Challenge, Claim Disturbance or Interruption of
or by him the faid A. B. bis Heirs or Affigns, or of or by
any other Perfon or Persons whatſoever, claiming or to
claim from, by or under him, them or any of them. And
the fail C. D. for himſelf his Heirs and jigns, doth co-
venant and grant to and with the faid A. B. &c. (the like
Covenant from C. D. to A. B. for quiet Enjoyment of the
Meffuage, &c. laf abovementioned; and there may be a
Provifo for either Party to re enter on his former Lands,
if there be an Eviction.) In Witneſs, &c.
(fince: And the Judges of the Court were at that
Time ftiled Barones Scaccarii, and adminiftred. Ju-
ftice to the Subjects. In antient Times the Barons
of the Exchequer dealt in Affairs relating to the
State, or publick Service of the Crown and Realm:
And were greatly concerned in the Prefervation of
the Prerogative, as well as the Revenue of the
Crown; for at the Exchequer it was the Care of the
Treaſurer and Barons to fee that the Rights of the
Crown were no Way invaded. Lex Conftitutionis 198.
For the Authority and Dignity of the Court of Ex-
chequer, antiently it was held in the King's Palace;
Exchange of Church-Livings. Exchanges are now
feldom used except that Parfons fometimes exchange
their Churches, and refign them into the Bishop's
Hands: And this is not a perfe&t Exchange till the
Partics are inducted; for if either dies before they
both are inducted, the Exchange is void. Wood's Inft.
284. If two Parfons by one Inftrument agree to
exchange their Benefices, and in order thereto re-
fign them into the Hands of the Ordinary, fuch Ex.
charge being executed on both Paris, is good; and
cach may enjoy the other's Living: But the Patrons
muft prefent them again to each Living; and if
they refuse to do it, or the Ordinary will not admit
them respectively, then the Exchange is not execu-
ted; and in fuch Cafe either Clerk may return to
his former Living, even though one of them fhould
be admitted, inftituted and inducted to the Benefice
of the other; which is exprefs'd in the Exchange it
felf, and the Proteftation utually added to it. Rights
Clerg. 2 Co. Rep. 74. Roll. Abr. 814.
controlled in any other of the King's ordinary
Courts of Justice: The Exchequer was the great Re-
pofitory of Records, wherein the Records of the
other Courts at Westminster, &c. were brought to be
laid up in the Treasury there. And Writs of the
Chancery were fometimes made forth at the Exche
c. Ibid. The Exchequer has been commonly held
at Westminster, the ufual Place of the King's Refi-
dence; but it hath been fometimes holden at other
Places, as the King pleafed; as at Winchester, &c.
And in the Exchequer there are reckond leven
Courts, viz. The Court of Pleas; the Court of Ac-
counts; the Court of Receipts; the Court of the
Exchequer Chamber (being the Affembly of all the
Judges of England for difficult Matters in Law;) the
Court of Exchequer Chamber for Errors in the
Court of Exchequer; for Errors in the King's Bench;
and the Court of Equity in the Exchequer-Chamber.
4 Inft. 119. But according to the ufual Divifion
for the Difpatch of all common Bufinefs, the Ex-
chequer is divided into two Parts; one. whereof is
converfant efpecially in the judicial Hearing and
Deciding of Caufes pertaining to the Prince's Cof-
fers, antiently called Scaccarium Computorum; the
other is the Receipt of the Exchequer, which is pro-
perly employed in the Receiving and Payment of
Money. And it has been obfeived, that about
the Time of the Conqueft there was very little Mo-
ney in Specie in the Realm; for then the Tenants
for Knights Fees answered their Lords by military
Services: And till the Reign of K Hen. 1. the
Rents or Farms due to the King were generally
rendered in Provifions and Neceffaries for his
Houfhold; but in this Reign the fame were chan-
ged into Money; and afterwards in fucceeding
Times, the Crown Revenue was anfwered or paid
into the Exchequer chiefly in Gold and Silver. Lex
Conftitutionis, p. 208. By S arute, all Sheriffs, Bailiffs,
·
c. are to account in the Exchequer before the Trea-
Exchangeois, Are thofe that return Money by furer and Barons: And annual Rolls are to be made
Bills of Exchange. See Fxcambiators. 5 R. 2. c. 2. of the Profits of Counties, c, Alfo Inquifitors fhall
Exchequer, (Scaccarium, from the Fr. Efchequier, be appointed in every County, of Debts due to
i. c. Abacus, tabula luforia, or from the Germ. Schatz, the King. 51 H. 3. 10 E. 1. And all Fines of Coun-
viz. Thefaurus) Is an ancient Court of Record, ties for the whole Year are to be fent into the Exche-
wherein all Caufes touching the Revenue and quer. 15 Ed. 2. Perfons impeached in the Exchequer,
Rights of the Crown are heard and determined; may plead in their own Difcharge; and there fhall
end here the Revenues of the Crown are received. be Writs for diſcharging Perfons, &c. 5 R. 2. c. 9,
Camden in his Britan. p. 113. faith, This Court took 14. Any Perfon to whom Money is due from the
its Name à Tabula ad quam affidebant, the Cloth Exchequer, having an Order registered for Payment,
which covered is being Party-coloured, or chequered: may affign the fame by Indorfement. 19 Car. 2. c.
We had it from the Normans, as appears by the 12. And the Officers of the Receipt may receive
Grand Cuftumary, cap. 56. where it is defcribed to and take for their Fees 1 d. in the Pound for Sums
be an Affembly of High Jufticiers, to whom it ap-iffued out, &c. 5&6 W. & M. c. 20. Officers of
pertained to amend that which the inferior Jufti- the Exchequer are without Delay to receive Money
ciers had mifdone, and unadvifedly judged, and to brought thither: And the Money in the Receipt is
do right to all as from the Prince's Mouth. Some Per- to be kept in Chefts under three different Locks and
fons think there was an Exchequer under the Anglo- Keys, kept by three feveral Officers, c. 8 & 9
Saxon Kings; but our beft Hiftorians are of Opini-W. 3. c. 28. The Tellers of the Exchequer allowed
on, that it was erected by K. William the Firft, cal-15,144. to make good the Deficiency in their Offi-
led The Conqueror, its Model being taken from the ces by the Reduction of Guineas. Stat: 10 Geo. I. c.
tranfmarine Exchequer, eſtabliſh'd in Normandy long 5. See 2 Geo. 2. c. 16. In the lower Part of the Ex-
before that Time Madox's Hift. Excheq. In the chequer, called the Receipt, the Debtors of the King,
Reign of Henry the Firſt, Son of William the Firſt, and their Debtors, the King's Tenants, and the Of
there was an Exchequer, which has continued ever | ficers and Minifters of the Court, &c. are privileged
to
I
EX
EX
܀
"
do Bufinefs under them: Who by Statute are not to
iffue out of the Remembrancer's Office, any Writs
upon Suppofition, but upon juft Grounds, &c. 1 Fac.
1. c. 26. There are two Chamberlains that keep the
Keys of the Treafury, where the Records do lie,
with the Book of Domefday, &c. They may fit in
Court if they pleaſe, but not intermeddle with any
Thing; unless it be relating to the Sheriffs, in the
And befides
Pricking whereof they have a Vore.
the Chamberlains, there is a Clerk of the Pipe, in
whofe Cuftody are conveyed out of the King's and
Treasurer's Remembrancers, &c. as Water through
to fue and implead one another, or any Stranger, | And thefe Remembrancers have ſeveral Attornies to
and to be fued in the like Actions as are profecured
in the King's Bench and Common Pleas. The judicial
Part of the Exchequer is a Court both of Law and
Equity; the Court of Common Law is held in the
Office of Pleas, after the Courfe of the Common
Law, coram Baronibus; and here the Plaintiff ought to
be a Tenant or Debtor to the King, or fome Way
accountant to him; and the leading Process is ei-
ther a Writ of Subpœna, or Quo Minus, which goes
into Wales, where no Proceſs of the King's Bench or
Common Pleas ought to run; except the Capias Ut-
lagatum. The Court of Equity is holden in the Ex-
chequer-Chamber coram Thefaurario, Cancellario & Ba-a Pipe, all Accounts and Debts due to the King.
ronibus, but utually before the Barons only, the Lord The Controller of the Pipe; which is faid to be the
Chief Baron being the Chief Judge to hear and de- Chancellor of the Exchequer. The Clerk of the Eftreats,
termine all Caufes in Law or Equity; the Proceed- who receives the Eftreats from the Remembrancer's
ings here are by English Bill and Anſwer, agreeable Office, and writeth them out to be ferved for the
to the Practice of the High Court of Chancery; but King, &c. The Foreign Oppofer who oppoſes or makes
the Plaintiff muft likewife fet forth that he is. Debt- a Charge on all Sheriffs, &c. of their Green Wax,
or to the King, tho' it is not material whether he i. e. Fines, Iffues, Amerciaments, Recognizances,
be fo or not, it being only Matter of Form. In this c. certified in Fftreats annexed to the Writ, un-
Court the Clergy ufually exhibit Bills for Recovery der the Seal in Green Wax, and delivereth the
of their Tithes, &r. And here the Attorney Gene- fame to the Clerk of the Eftreats to be put in Pro-
ral brings Bills for any Matters concerning the King; cefs. The Auditors that take the Accounts of the
and any Perfon grieved in any Caufe profecured a King's Receivers, Collectors, &c. and perfect them.
gainst him on Behalf of the King, may bring his The four Tellers, whofe Bufinefs to receive and pay
Bill against the Attorney General to be relieved in all Money is well known. The Clerk of the Pells,
Equity; in which Cafe the Plaintiff must attend from his Parchment Rolls, called Pellis Receptorum.
the King's Attorney with a Copy of the Bill, and The Clerk of the Nibils, who makes a Roll of fuch
procure him to anſwer the fame; and Mr. Attorney Sums as the Sheriff upon Process returns Nihil, &c.
may call any that are intereſted in the Caufe, or The Clerk of the Pleas, in whofe Office all Officers
any Officer or others, to inftru&t him in the Ma- and privileged Perfons are to fuc and be ſued; and
king of his Anfwer, fo as the King be not preju- here are divers Under-Clerks employed in Suits com
diced thereby, and his Anfwer is to be put in menced or depending in this Court. Then there is
without Oath. 4 Inft. 109, 112, 118. The Practice a Clerk of the Summons; Under-Chamberlains of the Ex-
and Proceedings generally in Ufe at the Exchequer chequer; Secondaries in the Offices of the Remembran
Bar, where anciently there was very much Buli-cers; Secondaries of the Pipe; the Uber of the Exche-
finefs and very various, are chiefly relating to quer, Marſhal, &c.
Debtors, Farmers, Receivers, Accountants, c. Exchequer Bills. By Statute 5 Ann. c. 13. The
for Debts and Duties due to the Crown: And all Lord Treaſurer may caufe Exchequer Bills to be made
penal Punishments, Intrufions, Forfeitures upon of any Sum not exceeding 1,500,000l. for the Uſe
popular Actions, &c. are Matters cognizable by this of the War; and the Duties upon Houſes were made
Court. Practif. Attorn. Edit. 1. p. 292, 293. The Ex-chargeable with 4 1. 10 s. per Cent. per Annum to the
chequer is now faid to be the last of the four Courts Bank for circulating them. The Bank not paying
at Westminster; governed by the Chancellor of the the Bills, Actions to be brought against the Compa-
Exchequer, the Lord-Chief Baron, and three other Bany, and the Money and Damages recovered: And
rons, who are the Sovereign Auditors of England, if any Exchequer Bills be loft, upon Affidavit of it
and the Judges of the Court, and ever give Judg. before a Baron of the Euchequer, and Certificate
ment in the Term-time only: There also fits in this from fuch Baron, and Security given to pay the
Court a Puifne Baron, who adminiſters the Oath of all fame if found, Duplicates are to be made out:
High Sheriffs, Under-Sheriffs, Bailiffs, Auditors, Re- Alfo when Bills are defaced, new ones fhall be de-
ceivers, Collectors, Controllers, Surveyors, and livered. Ibid. The King, or his Officers in the Ex-
Searchers of all the Cuftoms in England. The Chancel- chequer, by former Statutes, might borrow Money
lor or Under-Treafuver hath the Cuftody of the Seal of upon the Credit of Bills, payable on Demand, with
this Court. The King's Attorney General is made privy Intereft after the Rate of 3 d. per Diem for every
3.
to all Manner of Pleas that are not Ordinary and 100 1. Bill. 7 & 8 W. 3. c. 31. And by 8 & 9 W.
of Courſe, which rife upon the Procefs of the Court; c. 20. an Intereſt of 5 d. a Day was allowed for eve
Put 12 W. 3. c. 1. lowered the Intereft on
and he puts into Court in his own Name, Informa-ry 100 %.
tions of Concealments of Cuftoms, Seizures, &c.thefe Bills to 4 d. a Day per Cent. And by 12 Ann.
And alſo for Intrufions, Waftes and Incroachments c. 11. it is funk to 2 d. a Day. Forging Exchequer
upon any of the King's Lands; or upon Penal Sta- Bills, or the Indorſements thereon, is Felony. Sec
tutes, Forfeitures, &c. The Remembrancers keep
the Records of the Court betwixt the King and his Excile, (From the Belg. Accüffe, Tributum) Is a
Subjects, and enter the Rules and Orders there Duty or Impofition laid upon Beer, Ale, and other
made: One is called the King's Remembrancer, Liquors, which had its Beginning in the Reign of
and the other the Lord Treasurer's Remembran- King Charles the Second. The 12 Car. 2. c. 23. grant-
cer; the Remembrancer for the King hath all Man-ed to the King an Excife on Beer, Ale, Cyder,
ner of Informations upon Penal Statutes uſed in his Strong- waters, &c. Which Excife Duty then laid
if
Office only; and he calls to Account, in open Court, upon the Beer and Ale, was 15 d. the Barrel,
all the great Accountants of the Crown, Collectors fold for above 6 s. and 3 d. every Barrel under that
of Customs, &c. he makes out Writs of Privilege, Price; fince enlarged by other Acts of Parlia
enters Judgments of Pleas; and all Matters upon ment. One principal Office of Excife to be erect
ed in London, &c. and the Commiffioners and
English Bill are remaining in his Office. The Re
membrancer for the Lord Treafurer makes out all E- Sub-Commiffioners appointed to levy this Dury,
ftreats; he fets down in his Book the Debts of all may under their Hands and Seals appoint fo many
Sheriff, and takes their foreign Accounts; and if Gaugers as fhall be needful; who are to enter the
fues out Writs and Proceffes in many Cafes, c. Houfes of Brewers, Inn-keepers, e. to Gage all
4 D
Felony.
the
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1
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the Coppers, Fats, and Veffels in the fame, and make an Excommuni.ation was of old: Auctoritate Dei Patris
Returns to the Commiffioners of Excife, &c. under omnipotentis & Filii & Spiritus Sandi, Beata Dei Ge-
whoſe Office and Limits they live: And upon Refu- netricis Maria, omniumque Sanctorum, Excommunica-
fal, may forbid the Parties to fell any Beer, under mus, Anathematizamus, & â limitibus Sancte Matris
51. Forfeiture, &c. by this A&t. And by fubfequent Ecclefie Sequeftramus, &c. Leg. Will. 1. Anno 38
Statutes, additional Duties have been granted on H. 3. Boniface Archbishop of Canterbury, and the
Low-Wines, Spirits, or Brandy drawn from Corn; other Bifhops, with burning Tapers in their Hands,
Alfo a Duty of Excife is laid upon Malt, and on in Westminster Hall before the King, and the other
Sweets, &c. which is annually continued. Brewers Eftates of the Realm, denounced a Curfe and Ex-
not making true Entries of Beer and Ale brewed, communication against the Breakers of the Liberty of
once a Weck at the Office of Excife, fhall forfeit the Church: And by Stat. 9 E. 3. Biſhops may ex-
10%, but ſubject to Mirigation, fo as not to be less communicate not only all Perturbers of the Peace of
than double the Duy: And Retailers of Beer, Ale, the Church, but allo Felonis, and other Offenders,
Strong waters, &c. ure to make true Entries once a c. And by the Ecclcfiaftical Laws, excommunica-
Month of what Liquors they retail, under the Pe- ted Perfons are not permitted to have Chriftian Bu-
nalty of 40s. And not paying the Excife within the rial. This Ex ommunication is generally for Con-
like Times, to pay double Duty: If any Brewer tempt in not appearing, or not obeying a Decree,
conceals any Ale or Beer, he shall forfeit 20 s. per S And in other Refpe&ts, the Caufes of it are
Barrel: And an Officer of the Excife in the Day- many; as for Matters of Hereſy, refuſing to receive
time, or in the Night with a Conftable, may enter the Sacrament, or to come to Church; Incontinen
into a Houfe or Brewhoufe, and ftay there during cy, Adultery, Simony, &c. It is published in the
the Time of Brewing, Exc. Brewers creating or Church, and if the Offender do not fubmit in forty
altering any Back, Cooler, Copper, &c. or keep Days, then the Bifhop is to certify the Excommunica-
ing any private Storchoufes; and Maltfters keeping tion into the Temporal Courts, fetting forth fpeci-
any private Veffels for freeping of Barley, without ally the Canfe of Excommunication, that the Judges
giving Notice to the Officers of the Excife; in either may fee whether the Ecclefiaftical Court hath Cog
Cafe, forfeit 50 1. and bribing a Gauger incurs the nifance of the Matter; and thereupon the Party
Penalty of 10 .. 15 Car. 2. c. 11. 2 W. & M. 4 W may be taken and impriſoned by Virtue of the Writ
& M. 7 & 8 W. 3. 8 & 9 W. 3. c. 19. By 12 Significavit or Capias Excommunicatum, and is to re
Car. 2. the Excife on Beer and Ale is granted for the main in Priſon till he ſubmits and is abfolved; when
Life of King Charles the Second. By the Fac. 2. the Bishop likewife certifying the fame, another
c. 11. it is granted to King James for Life. By 2 Writ iffues to the Sheriff to difcharge him.
W. & M. c. 3. it is granted to King William and 189. S Rep. 68.
2 Inft.
Queen Mary during their Lives. By 1 Ann. c. 7. it fhop is to certify Excommunication, unless the Bishop
2 Nelf. Ab 768. None but the Bi-
is granted to Queen Anne for her Life; and together be beyond Sea, or in Remotis; or except the Certi-
with the Revenue of the Poft-Office, &c. made ficate is by one that hath ordinary Jurifdiction, &c.
chargeable with 700,000l. per Annum for the Sup-And if the Ordinary excommunicates a Perfon for a-
port of the Houfhold; and by 1 Geo. 1. c. 1. it is thus ny Thing where he hath not Cognifance of the
granted to King George the First during his Life: Caufe; the Party may bring an A&tion against him,
See i Geo. 2. where 'tis among other Things, grant-or the Ordinary 'tis faid may be indicted.
ed to King George the Second for Life; charged with 134. 2 Inft. 527. Wood's Inft. 508.
1 Inft.
So0,000 1. per Annum for his Houfhold. Officers of be excommunicated for Matter of Defamation, &c.
A Man may not.
Excife may go on board Ships, and fearch for Rum, The Bishop's Certificate, if he die before the Re-
Arrack, and other excifeable Liquors, as Officers turn of the Writ, fhall not be received, for his
of the Cuftoms may do, and feize Commodities for- Succeffor fall certify; the Significavit must mention
feited, c. Stat. Geo. 1. c. 30. And three of that the Party: lived within the Diocefe where he
the Commiffioners of Excife, have Power to deter was excommunicated, and by what Bishop; if it be
mine all Complaints and Informations concerning pleaded, the Time when is to be fhewed; and Ex-
the Excise Duties; as well as Juftices of Peace at communication must be declared in the Ecclefiaftical
their Seffions, &c. Stat. I Geo. 2. c. 21. Vide 9 Geo. Court before they proceed, sc. 8 Rep. 68.
2. c. 35. A Duty fhall be paid for Sweets (or made 84. Moor, ca. 667. Latch 174. Hetley 86.
Wines) made here for Sale, from Foreign or British fome Cafes Perfons incur Excommunication ipfo facto
Fruit and Sugar, c. to be under the Management by Act of Parliament; but they are to be first con-
of the Commiffioners of Excife; and Makers are to victed of the Offence by Law, and the Coviction is
enter their Names, and Places made ufe of, tranfmitted to the Ordinary. Dyer 275.
on Pain of 20 l.
1 Ventr.
But Fines may be mitigated, ac- 146. It hath been adjudged that the Spiritual
cording to the Excife Laws, &c. Stat. To Geo. 2. Court hath not Power to meddle with the Body of
any Perfons whatſoever, or to fend Proceſs to take
them; for if a Perfon is excommunicate for Contempt,
c. 17.
f
•
·
1
Exclufa, Exclufagium, A Sluice for the carrying
off Water; and a Payment to the Lord for the
Benefit of fuch a Sluice. Et duo molendina in eodem
Manerio cum Aquis Exclufagiis, &c. Mon. Angl. Tom.
I. P, 398, 587.
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2 Cro.
In
they ought to certify it into the Chancery,
whence 'tis fent into B. R. and thence iffues Procefs.
Cro. El 741. An Offender excommunicated is difabled
to do any judicial A&t, as to fùe any Action at Law,
be a witness, &c. though he may be fued: But e-
very Excommunication doth not difable one; for if a
Mayor and Commonalty bring an Action, an Excom-
munication of the Mayor fhall not difable them, be-
caufe they fue and anſwer by Attorney: And if a
Bishop is Defendant, an Excommunication by that Bi-
fhop thall not diſable the Plaintiff: And an
munication against an Appellant, while the Appeal is
Excom-
depending, is void. Inst. 134. 4 Inft. 340. Wood
5c8. Popish Recufants convict are difabled as Per-
fons excommunicate, &c. Stat. 3 Jac. I.
Excommengement, Is in Law French the fame
with Excommunication in Engliſh. Stat. 23 Hen: 8. c. 3.
Excommunication, (Excommunicatio) An Ecclefi-
aftical Cenfure, by which a Perfon is excluded
from the Communion of the Church, and from the
Company of the Faithful. It hath been thus defi
ned: Excommunicatio eft nihil aliud quam Cenfura a
Canone vel fudice Ecclefiaftico prolata & inflicta privans
legitima communione Sacramentorum & quandoq; homi-
And it is divided into Majorem and Mi
norem; Minor eft, per quam quis a Sacramentorum par-
ticipatione confcientia vel fententia arcetur: Major eft, quæ Excommunicato Capiendo, Is a Writ directed to
non folum à Sacramentorum, verum etiam Fidelium com-the Sheriff for apprehending him who ftands obſti-
munione excludit, & ab omni actu Legitimo feparat & di- nutely excommunicated forty Days; for the Contempt
vidit. Venatorius de fent. Excom. The Form of of fuch a Perfon, not feeking Abfolution, being
certified
num.
2
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1
EX
EX
certified or fignified into the Chancery; this. Writ
iffues for the Imprifoning him without Bail or
Mainprife until he conforms. F. N. B. 62. By the
Stat. 5 Eliz. c. 23. Writs de excommunicato Capiendo
fhall iffue out of the Court of Chancery in Term-
time, and be returnable in B. R. &c. They fhall
be brought fealed into the King's Bench, and there
opened and delivered of Record to the Sheriff, and
there must be twenty Days between the Teſte and the
Return: And if the Sheriff return a Non eft Inventus
on the Writ, a Capias with Proclamation is to be
granted for the Party to yield his Body to Gaol
under the Penalty of 101. And if he do not appear
on the firft Capias and Proclamation, a fecond is to
go forth, and he is to forfeit 207. &c. But by this
Statute, if in the Excommunicato Capiendo, the Party
excommunicated hath not a fufficient Addition, as
to his Place of Dwelling, &c. according to 1 H. 5.
c. 6. Or if in the Significavit it is not contained,
that the Excommunication proceeds upon a Caufe
of Contempt or fome original Matter of Herefy; for
refuſing to have a Child baptized, to receive the Sa-
crament, to come to Divine Service, or for Error in
Matters of Religion and Doctrine, for Incontinency,
Ufury, Simony, Perjury in the Ecclefiaftical Courts, or
Idolatry; he shall not incur the Penalties in this A&t,
for his Contempt in not rendring himſelf Prifoner
upon the Capias, &c. So that the Statute doth not
require the Capias with Proclamations, and the Pe-
nalties in other Cafes, befides the ten Cafes men-
tioned. 2 Inft. 661. And it has been adjudged where
a Perfon has been excommunicated, and none of
thole Caufes were contained in the Significavit, that
the Perſon excommunicate fhould be difcharged of
the Penalties; but not of the Excommunication.
3 Mod. 89. It has also been held, that for any of
the Caufes expreffed in the Stature, there ought to
go a Capias with a Penalty, and be an Addition to
the Writ: In other Cafes, it is not neceffary; and
if then the Capias be with a Penalty, the Court will
not difcharge the Party, but the Penalty only: But
for Want of Addition, in Cafes where that is requi-
red, the Party ſhall be discharged upon Motion.
1 Salk. 294, 295.
Excommunicato deliberando, Is a Writ to the
Sheriff for Delivery of an excommunicate Perfon
out of Priſon, upon Certificate from the Ordinary
of his Conformity to the Jurifdi&tion Ecclefiaftical.
F. N. B. 63. Reg. Orig. 67. And where a Man is
unduly excommunicated, he may be delivered in fome
Cafes by the Writ Habeas Corpus; and fometimes by
Pleading, as well as by an Excommunicato delibe ando:
Alfo fometimes by Prohibition, c. And on a ge-
neral Pardon, the Party may have a Writ to the
Bishop to abfolve him. 12 Rep. 76. Latch 205.
Godb. 272. If a Plaintiff in an A&tion be excommu-
nicate, and after he gets Letters of Abfolution; on
fhewing them in Court, he may have a Re-fum-
mons, &c. upon his Original. 1 Inft. 133. The
Writ of Excommunicato deliberando runs thus:
G
•
EORGE the Second, &c. to the Sheriff of S.
Greeting: Whereas A. B. and C. D. whom at the
Denunciation of the venerable Father J. Bishop of, &c. as
excommunicate, and the Keys contemning, by their Bu-
dies, according to the Custom of England, by you to be
jufticed, we have commanded, &c. until to Holy Church,
as well of the Contempt as of the Injury to it done by them
Should be fatisfied: And now from him the faid Bishop the
Benefit of Abfolution in Form, they having merited to ob-
tain, as the fame Bishop by his Letters Patent to us bath
fignified: We command
e command you that them the ſaid A. B. and
C. D. from the Prifon in which they are detained, if upon
that O cafion, and no other, they be detained in the fame,
without Delay you caufe to be delivered, &c.
Excommunicato Recipiendo, Is a Writ whereby
Perfons excominunicated, being for their Obftinacy
་
committed to Prifon; and unlawfully delivered, be
fore they have given Caution to obey the Authority
of the Church, are commanded to be fought after
and imprifoned again. Reg. Orig. 67.
Execution, (Executio) Signifies the laft Perform-
ance of an A&t, as of a Judgment, &c. And is the
Obtaining of Poffeffion of any Thing recovered by
Judgment of Law. 1 Inft. 289. Sir Edw. Coke, in his
Reports, makes two Sorts of Executions; one final,
another with a Quoufque, tending to an End: An
Execution final is that which makes Money of the
Defendant's Goods, or extends his Lands, and de-
livers them to the Plaintiff, which he accepts in Sa-
tisfaction, and is the End of the Suit, and all that
the King's Writ requires to be done: The other
Writ with a Quoufque, though it tendeth to an End,
is not final; as in Cafe of a Capias ad Satisfaciendum,
which is not a final Execution, but the Body of the
Party is to be taken, to the Intent the Plaintiff be
fatisfied his Debt, &c. and the Imprifonment of the
Defendant not being abfolute, but until he do fatisfy
the fame. 6 Rep. 87. A Man can have but one Ex-
ecution; but it must be
must be intended an Execution with
Satisfaction, and the Body of the Defendant is no
Satisfaction, only a Pledge for the Debt. 5 Rep. 86.
When a Perfon dies in Execution, it is without Satif
faction; fo that the Plaintiff may have a Fieri facias
against the Goods, or Elegit against the Lands. Ibid.
But where a Perfon was taken on a Capias Utlaga-
tum, and died in Prifon, the Plaintiff having cho-
fen this Execution, which is the higheft in Law; it
has been held that the Defendant dying, the Law
will adjudge it a Satisfa&tion. Cro. El 850. By Sta-
tu e, if a Perfon in Execution dics, a new Execution
fhall iffue against the Lands, c. as if he had never
been taken in Execution. 21 Fac. 2. c. 13. If an Ex-
ecution be executed and filed, the Party can have no
other Execution upon that Judgment; becaufe there
can be but one Execution with Satisfaction upon one
Judgment. 1 Lill. Abr. 565. If the Execution be not,
returned and filed, another Execution may be had:
And if only Part of the Debt be levied on a Fieri
facias, another Writ of Execution may be fued out
for the Refidue thereof. Ibid. But if you once
charge the Body of the Defendant in Execution on a
Capias Satisfaciend, you may not have any other Ex-
ecution against his Goods, &c. except the Defendant
make an Escape, or is privileged, or die in Execu-
tion. Practif. Solic. 248. Though if one take out any
Writs of Execution, and they have no Effe&t, he may
have other Writs on their Failure. Hob.
57. Where
Goods are taken in another County, upon a Tefta-
tum that he hath not any Goods at London, which
is falfe, the Execution fhall be fet afide: But where
a Man is taken upon a wrong Writ of Execution,
though it be returned executed; yet because he in
Truth never was in Execution, a Capias fhall iffue
out against him. Yelv. 180. 53. If a Perfon taken by
Ca. fa. efcapes, the Plaintiff may have a new Exe-
cution. Cro. Car. 174 In Cafe any Prifoner commit-
ted in Execution fhall efcape, any Creditor, at whoſe
Suit he ftands charged, may retake him by a new
Capias ad fatisfaciend. or fue forth any other Kind of
Execution, as if the Body of fuch Prifoner had ne-
ver been taken in Execution. Stat. 8 & 9 W. 2. c. 27.
Where two are bound jointly and feverally, and
Judgment is had against both of them, if one in Exe-
cution efcape, the Creditor may take out Execution
against the other: But if he go by Licenſe of the
Creditor, then the other will be diſcharged. Cro.
Car. 53. If one in Execution be delivered by Privi-
lege of Parliament, when the Privilege ceaſes, the
Plaintiff may fuc out a new Execution against him.
I Fac. 1. c. 13. If where two are bound jointly,
they are fued feverally, and ſeveral Judgments are
had against them, as an Elegit is fued againſt one,
and executed and returned, and a Capias fatisfaciend.
against the other, he may bring Audita Querela:
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of his Goods, and may diſpoſe of them as he thinks
fit, and they are not bound by the Judgment. Preced.
Can. 286. But where a Man generally keeps Pof-
feffion of Goods after Sale, it will make the fame
void againſt others, by the Statute of fraudulent
Conveyances.
And where on an Execution the
Owner of the Goods by Agreement was to have
the Poffeffion of them upon certain Terms; after-
wards another got Judgment against the fame
Perfon, and took theſe Goods in Execution: Ir
For there muſt be the fame Kind of Proceſs against | And where Debt or Damages are recovered, the
both. Cro Fac. 338. 2 Nelf Abr. 772. A Defendant Plaintiff fhall have Execution of any Land the De-
cannot plead to any Writ of Execution, (ho he may fendant had at the Time of the Judgment; not of
in Bar of Execution to a Scire facias brought ;) but if the Lands he had the Day when the firft Writ was
he hath any Matter after Judgment to ditcharge purchated. Roll. Abr. 892. Sheriff's may deliver in
him of the Execution, he is to have Audita Querela. Execution all Lands whereof others fhall be feited in
I Inft. 290. If Husband and Wife are taken in Exe Truft for him against whom Exe ution is had, on a
cution for the Debt of the Wife, the Wife fhall be Judgment, &. 29 Car. 2. c. 3. If there are Chat-
diſcharged; for the Husband being in Execution, the tels fufficient, the Sheriff ought not to take the
Wife ſhall not be ſo alfo, and because the Wife hath Lands; nor may Things fixed to the Freehold,
nothing liable to the Execution. 1 Lev. 51. The Ex Goods bought bona fide, Goods pawned, &c. be ra-
ecution of a Liberate, is good without being returned; ken in Execution. 8 Rep. 143. And if a Defendant
and where a Man is taken upon a Ca. fa. the Execu-hides his Goods in fecret Places, fo that the Plain-
tion is good, though the Writ is not returned: And tiff cannot come at them to take them in Execution,
fo in all Cafes where no Inqueft is to be taken, but it is faid no Action will lie against him. 5 Rep. 92,
only Lands delivered, or Seifin had, &c. which are 93. The Sale of Goods for a valuable Confidera-
only Matters of Fact 4 Rep. 67. 5 Rep 89. The tion, after Judgment, and before Execution awarded,
writs of Execution at Common Law were only a Fi. is good: And if Judgment be given against a Leffce
fa. on the Goods and Chattels ; and a Levari facias for Years, and afterwards he felleth the Term be-
to levy the Debt or Damages upon the Land and fore Execution, the Term affigned bona fide is not lia-
Chattels Afterwards a Ca. ad fatisfac. was given by ble; alfo if he affign it by Fraud, and the Affignee
Stat. 25 Ed. 3. c. 17. And an Elegit by Star. Weftm. 2. fells it to another for a valuable Confideration, it
c. 18. which makes the Body liable, and the future is not liable to Execution in the Hands of the ſecond
Profit of Lands, &c. 1 Inft. 154. 2 Inft. 394 The Affignee. Godb. 161. 2 Nelf. Abr. 783. If a Perfon
Reafon why by the Common Law, where a Subje& has a Bill of Sale of any Goods, in Nature of a
had Execution for Debt or Damages, he could not Security for Money, he shall be preferred for his
have the Body of the Defendant, or his Lands in Debt to one who hath ob ained a Judgment againſt
Exe ution, (unless it were in fpecial Cafes) was, that the Debtor before thofe Goods are fold; for till Exe-
the Defendant's Body might be at Liberty, not on-cution lodged in the Sheriffs Hands, a Man is Owner
ly to follow his own Affairs and Bufinefs, but also to
ferve his King and Country; and taking away the
Poffeffion of his Lands, would hinder the following |
of his Husbandry and Tillage. 2 Inft. 394. Though
neither the Body, nor Lands of the Debtor on a
Judgment could be taken in Execution at Common
Law, but only his Goods; yet in A&tion of Debt a
gainst an Heir, upon the Bond of his Ancestor, his
Land which he had by Difcent was fubje&t to be ta
ken in Execution. 3 Rep. 11. In Action of Debt a
gainst the Heir upon his Ancestor's Bond, there was here adjudged they were well liable, and
Judgment by Nil dicit; and it was held that the that the firft Execution was by Frand and void againſt
Plaintiff fhould have Execution against the Heir, of any fubfequent Creditor; because there was
any of his own Lands or Goods. Dyer 89, 149. Change of the Poffeffion, and fo no Alteration of
Judgment was had against the Heir by Nil dicit, and Property. Ibid. 287. Execution may be made of
a Scire facias being brought against him to have Ex Lands that the Defendant hath by Purchaſe af-
ecution, he pleaded Riens per Difcent; it was adjudged ter the Judgment; al hough he fell the fame be-
that this Plea was too late after the Judgment by fore Execution. Roll. 892. Where there is an Ex-
Nil dicit, and the Execution fhall be on his own ecution against Goods or Chattels, of a Tenant
Lands. Dyer 344. But there is a Difference be- for Life, or Years, the Plaintiff before Removal of
tween a Scire facias and an A&tion of Debt brought the Goods by the Execution is to pay the Landlord
againſt an Heir, upon a Bond of his Anceſtor, in the Rent of the Land, c. fo as there be not above
which the Heir is named. Poth. 193. On a Judg a Year due; and if more be due, paying a Year's
ment for the Debt of an Ancestor, where the Heir Rent, the Plaintiff may proceed in his Execution,
ha h made over Lands defcended to him, Execution and the Sheriff fhall levy the Rent paid as well as
may be taken againſt fuch Heir to the Value of the the Execution Money, Stat. 8 Ann. c. 17. When a
Land, &c. for the Debt of his Anceſtor, as if his Judgment is figned, Execution may be taken out im-
own Debt. Stat. 3 & 4 W. & M. c. 14. If a Per- mediately upon it, and need not be delayed till it is
fon have Judgment given against him for Debt or entered, it being a perfe&t Judgment of the Court
Damages, or be bound in a Recognizance and die h, before entered. Co Litt. 505. And if the Judges of
and his Heir be within Age, no Execution fhall be the Court of B R. fee one against whom there is a
fued of the Lands during the Minori'y; and a- Judgment of that Court walk in Westminster Hall,
gainst an Heir within Age, no Execution fhall be fued they may fend an Officer to take him up, if the
upon a Statute Merchant or Staple, &c. 1 Inft. 290. Plaintiff defire it, without a Writ of Execution. Far
There is an Execution on Body, Lands and Goods, ref. Rep. 52. If Execution be not fued within a Year
upon Statutes Merchant, Staple and Recognizances. and a Day after Judgment, where there is no Fault
1 Inft. 289. 2 Inft. 678. Writs of Execution bind the in the Defendant, as if Writ of Error be not
Property of Goods only from the Time of the De- brought, &c. there must be a Scire facias to revive
livery of the Writs to the Sheriff; who upon Re- the Judgment, which in that Time may be had
ceipt thereof indorfes the Day of the Month when without moving the Court; but if it be of longer
received: But Land is bound from the Day of the Standing, the Court is to be moved for it.
1 Inft.
Judgment. Stat. 29 Car. 2. c. 3. Cro. Car. 149. Not 290. 2 Inft. 771. But if the Defendant be outlawed
withstanding this Statute, if after the Writ deli-after Judgment, (as he may where he cannot be
vered to the Sheriff, and before Execution is exe
cuted, the Defendant becomes Bankrupt, that will
hinder Exe.ution. 3 Salk. 159. The Plaintiff takes
out Execution by Fieri facias against the Defen-
dant, all the Goods and Chattels that he had at
the Time of the Execution, will be liable to it:
was
Do
taken in Execution, or hath no Lands or Goods to
pay the Debt, c. when the Suit is commenced by
Original) the Plaintiff need not renew the Judg
ment by Scire facias to obtain Execution after a Year.
1 Inft. 290. It hath been adjudged, thar by the
Common Law, if a Man was outlawed after Judg.
mert
2
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7
mands, the Execution is diſcharged. Ibid. Where
one is in Execution at my Suit, and I bid the She-
riff let him go; this is a good Discharge and Re-
leafe both to the Party and Sheriff. Poph. 207.
But if the Plaintiff make a Releaſe to the Defendant
being in Execution, or other A&t amounting to a
Difcharge; it will not be a Diſcharge ipfo facto, bur
by this Means he may have the fame. Rep. 86.
Dyer 152. A Perfon in Execution fhall not be deli-
vered out of Prifon, but by Writ of Superfedeas.
1 Lill. Abr. 565. And if a Sheriff proceeds after
great Contempt; and a Writ of Reftitution may
be awarded. 2 Bulft. 194. An Execution may be
fet afide as irregular, by Superfedeas; and the Party
have Reftitution, &c. Carthew 460, 461, 468. It
hath been refolved, that a Writ of Error is a Super-
fedeas from the Time of the Allowance: Though
if a Writ of Execution be executed before the Writ of
Error is allowed, it may be returned afterwards.
I Salk. 321. No Writ of Execution fhall be stayed
by any Writ of Error or Superfedeas, after Verdict
and Judgment, in any Action upon the Cafe for
Payment of Money, Covenant, Detinue, Trefpafs,
ment in Debt, the Plaintiff was at the End of his
Suit, and he could have no other Procefs after that
perfonally; but was put to his new Original, &
2 Nelf. Abr. 172. If the Plaintiff does not proceed
upon the Scive facias, he may bring an Action upon,
the Judgment: And after Judgment against the De-
fendant, in Action where fpecial Bail hath been
given, the Plaintiff may have Execution against the
Defendant, or profecute his Bail. Common Law Com.
plac'd 206. If one be arrested upon Procefs in B. R.
and puts in Bail; and afterwards the Plaintiff re-
covers, and the Defendant renders not hi felf ac-a Superfedeas to ftay Execution on Goods, &c. it is a
cording to Law, in Safeguard of his Bail, the Plain-
tiff may at his Election take Execution against the
Principal, or his Bail; but if he takes the Bail, he
fhall never afterwards meddle with the Principal.
Cro. Fac. 320. Execution may not be fued forth a-
gainst the Bail, 'ill a Default returned against the
Principal. Goldsh. 175. If one recovers jointly a-
gainſt two in Debt, the Execution must be joint against
them: The Court cannot divide an Exe ution, which
is entire, and grounded on the Judment. Mich. 24
Car. B. R. When Judgment is given against three
Perfons, you cannot take out Execution against one
or two. 1 Mod. 2. A Man and his Wife recovered. until Recognizance be entered into as directed
in an Action of Debt against the Defendant 100l. by 3 Fac. 1. Sat. 13 Car. 2. c. 2. And Judgment was
and Damages; then the Wife died, and the Huf had against a Perfon at Bristol, and his Goods at-
band prayed to have Execution upon this Judgment: tached there; and the Court of B. R. being moved
The Court at firft inclined, That it fhould not fur- to tay the Execution until a Writ of Error brought
vive to the Husband, but that Adminiftration ough fhould be determined, they granted a Habeas Corpus,
to be committed of it, as a Thing in Action; but but nothing to ftay the Execution. 1 Bulft. 268. All
at laft, they agreed that the Husband might take Judgments of Courts in Debt are to be executed in
out Execution, for that by the Judgment it became the peculiar Jurifdictions where given, and cannot
his Debt due to him in his own Right. Cro. Car. be removed to be executed by the fuperior Courts.
608.
1 Mod. Rep. 179, 180. If Judgment be a Cro. Car. 34. But if a Judgment given in another
gainst two, on the Death of one the Plaintiff fhall Court be affirmed or reverted for Error in B. R. bc-
have Execution by Scire facias against the Survivor; caufe the Proceedings in the Court below are enter-
and tho' be pleads, that the other Defendant has led upon Record in the King's Bench, the Party fhall
an Heir alive, c. it will not prevent it. Raym. have Execution in that Court: And fo if a Judgment
26. And where two Perfons recover in Debt, and of Debt, &c. in the Common Pleas be affirmed in B.
before Execution one of them dies; it has been held, R. on a Writ of Error. 5 Rep. 88. Tho' where the
that Execution may be fued in both their Names by Record of a Judgment given in C. B. is removed in
the Survivor, and it will be no Error; which may to B. R. the Party cannot take out Execution upon
be done without a Sire fac. Noy 150. An Execution it, without a Scire facias quare Executionem habere
may be executed after the Death of the Defendant; non debeat. 1 Lill. Abr. 562. And where a Writ of
for his Executor being privy, is bound as well as Error is brought in the Exchequer Chamber, to re-
the 'Teftator: And where Execution is once begun, verfe a Judgment in B. R. if the Judgment is af
it can't be delayed, unleſs there appears Irregula firmed there, yet that Court cannot make out Exe
rity; an Audita Querela is no Superfedeas to it, nor cution upon the Judgment affirmed; but the Record
fhall any Thing ftop the Sheriff from Selling, &c. must be tranfmitted back to the Court of King's
2 Cro. 73. Comberb. 33, 389. As an Execution is an Bench, where Execution must be done.
I Lill 565.
entire Thing, he who begins muft end it; a new A Capias ad fatisfaciend. may be execured upon a Pri-
Sheriff may distrain an old one to fell the Goods on foner in Prifon for Felony; and if he be acquitted
a Diftringas nuper Vicecom. and to bring the Money of the Felony, the Sheriff is to keep him.
( Lill.
into Court, or fell and deliver the Money to the Ab. 567. But where a Perfon is in Prifon for cri-
new Sheriff; and the Authority of the old Sheriff minal Matters, he ought not to be charged with a
continues by Virtue of the fire Writ, fo that when Civil Action without Leave of the Court; yet if he
he hath feifed, he is compellable to return the be charged, he ſhall not be diſcharged. Raym. 58.
Writ, and liable to answer the Value according to Where not allowed, on a Pardon, fee Farrell. 153.
the Return; likewife by the Seizure the Property A Ca. fa. will lie against a Man who is outlawed for
of the Goods, &c. is devefted out of the Defendant, Felony, and he may be taken in Execution at the
and he is diſcharged, whereby no further Remedy Suit of a Common Perfon. Owen 69. And if he was
can be had against him. 1 Salk. 322. 3 Salk. 159. taken upon a Capias Utlagat, which is at the King's
By Releaſe of all Suits, Execution is gone; for no Suit, he fhall be in Exe ution at the Suit of the Par-
one can have Execution without Prayer and Suit,ty, if he will. Moor 566. But this is not withour
but the King only, in whofe Cafe the Judges ought Prayer of the Party: And if after a Judgment
to award Execution ex Officie, without any Suit:
And a Releaſe of all Executions, bars the King. By
Releaſe of all Debts or Duties, the Defendant is
difcharged of the Execution, because the Debt or
Duty on which it is founded is diſcharged: But
if the Body of a Man be taken in Execution, and
the Plaintiff releaſe all Actions, yet he fhall re-
main in Execution. 1 Inft. 291. If where a Judgment
is given in Action of Debt, and the Defendant taken
in Execution, the Plaintiff releaſeth the Judgment,
the Body fhall be diſcharged of the Execution: And
if the Plaintiff after Judgment releaſeth all De-
-
given, the Judges of their own Heads, or at the Re-
queft of any Perfon, without Prayer of the Plain-
riff, do commit the Defendant to Prifon; by this he
fhall not be faid to be in Execution for the Plaintiff.
Dyer 297. If one arrefted be in Prifon for Debt,
and Judgment is had against him; though it be in
Arreft on a Latitat or Capias, he fhall not be in Ex-
ecurion upon the Judgment, unless the Plaintiff
prays it of Record; or fues a Capias ad fatisfaciend.
and delivers it to the Sheriff. Dyer 197, 306. Fenk.
Cent. 165. A Sheriff fhall have his Fees for Execu
tions, upon Writ of Capias fatisfaciend. for the whole
4 E
Debt;
1
EX
EX
fizes by Order ferved on them or left at their
Houfes thirty Days before; and at the Affizes, the
Judges on Examination fhall determine the Matter,
and give Judgment and Relief; a Record of which
Judgment is, to be returned and certified to the
Court whence the Procefs iffued, on which the Pri-
foners were taken in Exe;ution. 3 Geo. 2. c. 27. No
Perfon charged in Execution, ſhall be allowed to ex-
hibit a Petition to any Court at Law to be dif
charged, purfuant to the above Acts, unless it be
done before the End of the next Term after he is
charged; and thofe Statutes fhall not relate to any
one taken on a Capias for running cultomable
Goods, A Claufe for fetting mutual Debts of
Plaintiff and Defendant one against the other,
made perpetual; and they may be pleaded in Bar,
or given in Evidence, on the General Iffue, though
of a different Nature, except in Cafes of Penalties
Bonds, &c. And in Pleading fhall be fhewn, how
much is justly due on either Side, and Judgment
given for what appears for the Plaintiff, &c. Stat.
8 Geo. 2; c. 24.
•
jet to the King's Extent, and where nor, fec 7 Rep.
21. See alfo King.
Debt; upon a Fieri fac. according to the Sum leditors must be fummoned to appear at the faid Af-
vied, and on an Elegit it is held by fome, that he
fhall have Fees according to what is levied, and by
others for the whole Debt recovered because the
Plaintiff may keep the Land till he is fatisfied the
intire Debt. 1 Salk 333. In Perfonal Actions, Execu-
tion is either by Capias ad fatisfaciend. or Fieri facias
against the Body or Goods; or Elegit again the
Lands, &c. In Real and Mixed Actions, the Writs
of Execution arc Habere facias Seifinam, to put the
Party in Poffeffion of his Freehold recovered by
Judgment of Law; and Habere facias Poffeffionem, to
•pur him in Poffeffion of his Term, &c. And after
Judgment, iffues Procefs of Execution; for it begins
where the Action ends. No Execution for Damages
recovered in a real Action, fhall be had by Capias
ad fatisfaciendum: But where a Man hath Judgment
to recover Land and Damages, he may have Exe-
cution of both together. S Rep. 141. If one have
Judgment to recover Lands, and die before Execu-in
tion, his Heir fhall have it; and where Tenant in
Tail recovers and dies before the Execution without
Iffue, he in Remainder may fue out Execution: An
Heir is to have Execution for Lands, and the Exc- Execution for the King's Debt, or Prerogative Exe-
cutor or Adminiftrator for Damages. Co. Litt. 251. cution, is always preferred before any other Execu-
Dyer 26.
The Executors of Executors may fue out tions. 7 Rep. 20. And if a Defendant is taken by
Execution of a Judgment; but an Adminiftrator get-Capias ad Satisfaciendum, and before the Return
ting Judgment in Behalf of the Inteftate, and then thereof a Prerogative Writ iffues from the Exchequer,
dying, neither his Executor or Administrator fhall for the Debt of the King, tefted a Day before be
take out the Execution, but the Adminiftrator de bonis was taken, here he fhall be held in Execution for the
non Adminiftratis of the firft Inteftate. 5 Rep 9.
5 Rep 9. In King's Debt, and that of the Subje&t. Dyer 197. Lands
Debt, if the Defendant acknowledge the Action forintailed in the Hands of the Iffue in Tail, when ſub-
Part, and as to the Remainder pleads to Iffue, and
the Plaintiff hath Judgment for hat he confeffeth;
here he may not have Execution till the Iffue is tried Execution of Criminals, Muſt be according to
for that which he is to recover Damages: Tho' if the Judgment; and the King cannot alter a Judg-
he releaſes the Damages, he may have Execution ment from Hanging to Beheading, becauſe no Exe-
preſently for the Reft. Rol. 897. If a Sheriff in cution can be warranted unless it be purſuant to the
doing of Execution at the Suit of a common Perfon, Judgment. 3 Inft. 52, 211. H. P. C. 272. But there
break open any Man's Houſe, the Execution may be are ancient Precedents, wherein Men condemned to
good; but the Party fhall have his Action of Tref be hanged for Felony, have been beheaded by Force
pafs againſt him for it: And where the Sheriff hath of a fpecial Warrant from the King. Bract. 104.
a Fieri fac. or Ca. fa. against a Man, and before Ex Staundf. 13. And the King may pardon Part of the
ecution, he pays him the Money, Execution may not be Execution in Judgment for Treafon, viz. all but Be-
done afterwards; if it be, Trespass or falfe Impri- heading. The Court may command Execution to be
|
fonment lies. 5 Rep. 93. 12 Car. B. R. By a late done without any Writ: Though fometimes Execu-
Statute, Perfons charged in Exe ution for any Sum tion is commanded by Writ. 2 Hawk. P. C. 463.
not exceeding 1007. in any Gaol, who are willing Judgment belongs to the Judge; but the Execution
to fatisfy their Creditors as far as they are able, must be done by the Sheriff, c. And an Execution
may exhibit a Petition to the Court whence the cannot be lawfully made by any but the proper Of
Procefs iffued, with an Account of their whole E-cer; who may do it on the Precept of the Judge
ftate upon Oath, praying to be difcharged, &c.
And thereupon the Court fhall order the Prifoner
to be brought up, and his Creditors fummoned at a
certain Day, when the Court in a fummary Way is
to examine into the fame, &c. and order the Eftate
and Effects of the Prifoner to be affign'd to the Crc
ditors by Indorfement on the Back of the Petition;
whereupon the Prifoner fhall be discharged out of Pri-
fon; but if Creditors are diffatisfied with the Truth
of the Prifoner's Oath, he is to be remanded till
another Day, and then if his Creditors cannot dif-
cover any Effects omitted, he shall be releafed;
unless the Creditors infift on the Prifoner's being de.
tained in Priſon, and agree by Writing to pay him
2 s. 4 d. a Weck, &c. Stat. 2 Geo. 2. c. 22. Priloners
in Execution ut fupra in any Prifon (except in London
and Westminster) before they Petition any of the
Courts from whence the Proceſs iffued for a Rule
be brought up, are to give Notice to their Creditors
in Writing, that they defign to petition, and alſo a
true Copy of the Account or Schedule of their
whole Eltates which they intend to deliver in to the
Court, &c. And then upon fuch Petition, the Pri-
foners fhall have a Rule of Court to be brought to
the next Affizes for the County, at an Expence not
exceeding 12 d. a Mile, to be paid to the Officer out
of the Eff&s of the Prisoners, &c. And the Cre-
8
under his Seal: And if the Sheriff, or other Officer,
alters the Execution, or any other executes the Of-
fender, or if he is killed without Authority of Law,
it is Felony. 2 Hawk. Ibid. It's faid by Hale Chicf
Juftice, That there is no Warrant for the Execution
of Perfons condemned, but a Calendar dire&ing it
left with the Sheriff under the Hand of the Justice
that fits; though anciently there was a Precept or
Warrant, under their Hands and Seals: And where
the Prifoner is in Cuftody of the Sheriff, the open
pronouncing and entering the Judgment Sufpendatur,
is a Warrant for the Execution. 2 Hale's Hift. P. C.
31, 409. Subfequent Juftices have no Power by
the Stat. 1 Ed. 6. c. 7. to award Execution of Per
fons condemned by former Judges; but if Judg-
ment has not been paffed on the Offenders, the
other Juftices may give Judgment, and award Ex
toecution, &c. 2 Hawk 27. Execution ought to be in
the fame County where the Criminal was tried and
convicted; except the Record of the Attainder be
removed into B. R. which may award Execution
in the County where it fits. 3 Inft. 31, 211, 2 les).
Where a Perfon attainted hath been afterwards at
large, if on the Court's demanding why Execution
should not be awarded against him, he denies he is
the fame Perfon, it fhall be tried by a Jury for that
Purpofe, and then he is to be executed. 2 H. P. C.
1
4
463.
EX
EX
1
And a
463. If upon a Record removed, an outlawed Per- there can be no Executor: But this is underfood of
fon confefs himself to be the fame Perfon, Execution Goods; for where Lands in Fee are devifed, this is
fhall be had; but if he deny it, and the King's At- good, though no Executor be named'; Executors ha-
torney confeffes he is not, he fhall be difcharged;ving nothing to do with Land, which is not Teſta-
though if the Attorney General take iffue upon it,
the fame fhall be tried. 2 Hale's Hift. P. C. 402. If
a Perfon, when attainted, ftand mute to a Demand
why Execution fhall not go against him, the ordinary
Execution, (and not Penance) fhall be awarded. 2
Hawk 4.62 In Cafe a Man condemned to die,
come to Life after he is hanged, as the Judgment
is not executed till he is dead, he ought to be
hung up again. Finch 389. The Body of a Trai-
tor or Felon is forfeited to the King by the Ex-
ecution; and he may difpofe of them as he pleafes.
The Execution of Perfons under the Age of Dif
cretion is uſually refpited, in order to a Pardon.
I Hawk. 2.
Execution of Statutes. The Court of Star-
Chamber erected in the Reign of King Hen. 7. was
ſaid to be for the Execution of Statutes, &c. Stat. 3
H. 7. c. I.
+
!
mentary but by Act of Parliament. Offic. Exec. 3, 4.
Finch 167. All Perfons capable of making a Will,
are capable of being Executors. 3 Cro. 9.
Woman Covert may be an Executor, and do any
lawful A&t which another Executor may do; but ſhe
may not damage her Husband thereby, by Affen-
ting to a Legacy before Debts are paid, &c. 5 Rep.
27 A Feme Covert Executrix cannot releaſe a Debt
of her Teftator's, or give away the Goods fhe hath
as Executriz, without the Husband; but the Huf-
band may do it, and yet the Goods which the Wife
hath as Executrix are not devefted out of her, as
her own Goods are; nor if fhe dies, fhall they go
to the Husband, bur to her Executors, or the next of
Kin, being Adminiftrator of her Teftator. Offic.
Exec. c. 17. Husband and Wife muſt be named in
Actions brought for Goods which the Wife is enti-
tled to as Executrix. Ibid. A Woman may be Execu-
Executione facienda, Is a Wrir commanding Ex-trix to her Husband, and the Husband Executor to.
ecution of a Judgment, and diverfly ufed. Reg Orig.
Executione facienda in Withernamíum, A Writ
that lies for taking his Cattle, who hath conveyed
the Cattle of another out of the County, fo that
the Sheriff cannot replevy them. Reg. Orig. 82.
Executione Judícií, Is a Writ directed to the
Judge of an inferior Court to do Execution upon a
Judgment therein, or to return fome reaſonable
Caule wherefore he delays the Execution. F. N. B.
20. If Execution be nor done on the firft Writ, an
Alias fhall iffue, and a Pluries with this Claufe, vel
Caufam robis fignifices quare, &c. And if upon this
Writ Execution is not done, or fome reasonable
Caufe returned why it is delayed, the Party fhall
have an Attachment against him who ought to have
done the Execution returnable in B. R. or C. B.
New Nat. Br. 43. If the Judgment be in a Court
of Record, this Writ fhall be directed to the Julti-
ces of the Court where the Judgment was given,
and not unto the Officer of the Court; for if the
Officer will not execute the Writs directed unto him,
nor return them as he ought, the Judges of the
Court may amerce him. Ibid. One may have a
Writ de Executione Judicii out of the Chancery to ex-
ecure a Judgment in an inferior Court, although a
Writ of Error be brought to remove the Record,
and reverse the Judgment; if he that brings the
Writ of Error do not take Care to have the Re-
cord tranfcribed, and the Writ of Error returned
up in due Time. 1 Lill. Abr. 562.
Epecutor, (Lat.) Is one that is appointed by a
Man's laft Will and Teftament, to have the Execu-
tion thereof after his Deceafe, and the Difpofing of
all the Teftator's Subftance according to the Tenor
of the Will: He is as much as Hares defignatus or
Teftamentarius in the Civil Law, as to Debts, Goods
and Chattels of his Teftator. Terms de Ley 321, 322.
An Executor may be appointed either by exprefs
Words, or Words that amount to a direct Appoint
ment; as if the Teftator declares by his Will, that
a certain Perfon fhall have his Goods to pay Debts,
and otherwife difpofc of, &c. And Executors may be
made upon Condition, for a fixed Time; or fome
Part of the Eftate. Wood's Inft. 320. A Man that
can make an Executor, may either make one, two,
three, or more his Executors; and he may appoint
one Perfon his Executor for one Year, and another
Man for another Year, &c. If he make a Will, and
appoint an Executor for feven Years; after that the
Ordinary may grant Adminiftration. of the Goods;
fo till the Power of Executors takes Place: And
where one makes an Exe. utor as to Part of his E
ftate, he shall die Inteftate as to the Refiduc. 4
Shep. Abr. 66, 67, 68. If there is no Executor, there
is properly no Will; and where there is no Will,
his Wife; and by this Means, he may recover all
the Debts due to her before Marriage, &c. Fitz.
Executor, 47, 87, 24. An Infant may be an Exe utor;
though he cannot at 'till he is feventeen Years of
Age; and until that Time Adminiftration durante
Minori atate is to be granted. 6 Rep. 67. 4 Inft. 335.
If two are Executors, one whereof is under Age,
he of full Age may folely prove the Will. Lev.
181. A Man attainted of Felony cannot make Ex-
ecutors; becauſe he hath forfeited all that he had:
But a Perfon outlawed may make Executors; fo may
an excommunicate Perfon, &c. 1 Leon. 326. Cro. El.
577. A Traitor, or Felon, Baftard begotten in
Inceft, or a notorious Ulurer, 'tis faid, may not be
Executor to another. Swinb. 222. A Popith Recu-
fant convi& cannot be an Executor. 9 Rep. 37. A
Mayor and Commonalty may be Executors.
1 Rol.
Abr. 915. And if the King is made Executor, he
appoints others to take the Execution of the Will
upon them, and to take Account. 5 Rep. 29. Where
Executors are appointed, they may accept of, or re-
fule the Executorship; but they may not refufe after
Acceptance, nor on the other Hand accept after
Refufal. 9 Rep. 37. When a Will with Executors is
made the Ordinary may fend out Process againſt
the Executors to come in and prove it; and if they do
not come in, they are to be excommunicated; bat if
they come in and refufe to take upon them the Ex-
ecution of the Will, then the Ordinary is to com-
mit Adminiſtration: And the Refufal must be by
fome Act regifter'd in the Spiritual Court. Offic. Exec.
If an Executer hath adminiftred, he cannot refufe ;
but the Ordinary is to compel him to take upon
him the Executorship. Offic. Exec. 38. Executors can-
not refufe for a Time, but for ever; but they may
have Time to advife upon it, and the Ordinary is
to grant Letters ad Colligendum, not Adminiſtration.
Cro. Eliz. 92. An Executor refufing the Executorship,
where two are appoined, may not adminifter after
the Death of his Companion, for then his Election
is gone; and the Executor of the other Executor who
proved the Will, may alone bring an Actron for
Money due to the first Teftator, without joining
him who refufed. Dyer 160. If there are many Ex-
eutors of a Will, and one of them only proves the
Will, and takes upon him the Exe. utorship, it is fuf-
ficient for all of them; but the reft after may join
wi h him, and intermeddle with the Teftator's E-
ftate: But if they all of them refufe the Executorship,
none of them will ever afterwards be admitted to
prove the Will; the Ordinary in this Cafe grants
Adminiſtration with the Will annexed, and the Te-
ftator is in Law adjudg'd to die Inteftate, and
without Executor. 9 Rep. 37.1 Rep. 113 Perk, 485
If an Executor dies before Probate, it is the fame;
for
}
EX
EX
1
or pay
1
or before Probate of the Will, if he be Executor by
his own A&t of Adminiftring, which makes him li-
able to Actions. Offic. Exec. 35. It has been ruled,
that an Executor may commence an Action before
Probate; but he cannot declare upon it, without
producing in Court the Letters teftamentary: He is
not like an Adminiftrator, who hath no Right till
Administration committed; for his Right is the
fame before as after Probate of the Will, and the
not proving it is only an Impediment to the A&tion.
for fuch an Executor's Executor cannot prove the Will and Executors, and dies, the Executors may enter
Will, becauſe he is not named therein, and no one into the Houfe, and carry away the Goods. Lit. 69.
can prove a Will but he who is named Executor in An Executor may in convenient Time after the Te-
it; but if the first Executor had proved the Will, ftator's Death, enter into a Houfe defcended to
then his Executor might have been Executor to the the Heir, for removing and carrying away the
firſt Teftator, there requiring no new Probate. Goods; fo as the Door be open, or the Key be in
Salk. 299. An Executor of an Executor may be Execu- the Door. Offic. Exec. 8. He may take the Goods
tor to the first Teftator; but he may take upon him and Chattels to himself, or give Power to another to
the Executorship of his own Teftator, and refufe to feize them for him. 9 Rep 38. An Executor with his
intermeddle with the Estate of the other: And if own Goods redeems the Goods of the Teftator; or
the firft Executor refufes, or dies before Probate, pays the Teftator's Debrs, &c. the Goods of the Te-
his Executor fhall not adminifter to the fift Tefta- ftator fhall, for fo much, be changed into the
pro-
tor: Nor can an Executor of an Adminiftrator take per Goods of the Executor. Fenk. Cent. 188. Executors
Adminiſtration of the Goods of his Inteftate. Dyer having their Power wholly by the Will, may releaſe
372. A Teftator having thought the Executor appoin-an Action, Debt, or Duty, or do any Thing as Execu-
ted a proper Perfon to be entrusted with his Affairs, tors before Probate of the Will, fo as afterwards they
the Ordinary cannot acjudge him disabled or Inca-prove it; except it be bringing Actions for Debts, c.
pax; but a Mandamus fhall iffae from B. R. for the But to maintain thefe they muft fhew the Teftament
Ordinary to grant Probate of the Will, and admit prov'd, and the Probate is to be brought into Court
the Executor, if he refufe him: Neither can the Or- before the Defendant will be bound to plead. Plowd.
dinary infift upon Security from the Executor, as the 277. 1 Inft. 292. 1 Roll Abr. 917, 926. For the Goods of
Teftator hath thought him able and qualifhed. 1 the Teftator, taken from them, or for Trefpals upon.
Salk: 299. And altho' an Executor becomes Bank the Land, &c. Executors may before the Will prov'd
rupt, yet 'tis faid the Ordinary cannot grant Admi bring Action of Trefpafs, Detinue, &t. And if they
niftration to another: But if an Executor become fell Cattle, or other Goods of the Teftator, before
Non Compos, the Spiritual Court may commit Admi the Will is proved, they may have Actions for the
niftration for this natural Difability. 1 Salk. 307. If Money payable, before the fame is proved: And
an Executor take Goods of the Teftator's, and con-an Executor may be fued for the Debts of the Tefta-
vert them to his own Ufe; or if he either receive,
Debts of the Teftator, or give Bond for Pay.
meni; make Acquittances for them, or demand the
Teftator's Debts as Executor; or give away the Goods
of the Teftator, &c. thefe are an Adminiftration, fo
that he cannot afterwards refufe the Executorship:
And it has been held, that if the Wife of the Te
ftator take more Apparel than is neceffary, it is an
Administration. Offic. Exec. 39. All Goods and Chat
tels which belonged to the Teftator at the Time of
his Death, in any Part of the World, come to the Salk. 303. Executors may maintain Action of
Executor as Affets, and make him chargeable to Trover for Goods converted in the Life of the Te-
Creditors and Legatees; and Debts, &c, recovered ftator. Cro. Eliz. 377. And by Statute, Executors
by the Executor, by Action after the Death of the fhall have a. Writ of Account, and the like Action
Teftator, are to be accounted as Affets, but not be and Procefs, as the Teftator might have had, if he
fore recovered. 6 Rep. 47. 1 Inft. 374. If an Execu had lived 13 Ed. 1. c. 23. The Executors inay bring
tor do never recover, or get in a Debt, he fhall nc-Actions for Trefpafs done to their Teftator, as for
ver be charged, provided he hath ufed his utmoft Goods and Chattels carried away in his Life, and
Endeavours to recover it, and cannot do it. 1 Rep. fhall recover their Damages, in the fame Manner as
98. And where an Executorship is controverted in the he fhould have done. Stat. 4 Ed. 3. c. 7. Alfo Execu-
Spiritual Court by another Executor who fets up an-tors of Executors fhall have Actions of Debt, Account,
other Will; an Injunction may be granted to the land of Goods taken away of the firft Teftator's;
Teftator's Debtors not to pay any Money till the land have Execution of Statutes, &c. and fhall An-
Title to the Executorship is fettled. Chanc. Rep. The fwer to others, fo far as they recover Goods of the
Chattels real and perfonal of the Teftator coming firft Teftator, as the firft Executors. 25 Ed. 3. c. 5.
to the Executor; are Leafes for Years, Rent due, The Word Executor is a Word collective, and doth
Corn growing and cut, Grafs cut and fevered, comprehend in it the Executor of an Executor ; for
Cattle, Money, Plate, Houfhold- Goods, &c. Co. Litt. he is accountable for the first Teftator's Goods, and
118. Dyer 130, 537. An Executor having a Leafe for is as it were his Executor for fuch Goods as remain
Years of Land in Right of the Deceafed, if he unadminiftred by the firft Executor. 1 Lill. Abr. 568.
purchaſe the Fee, whereby the Leafe is extin&t; yet Formerly, if an Executor wafted Goods, and left an
this Leafe fhall continue to be Affets, às to the Executor, and died, leaving Affets, his Executor ſhould
Creditors and Legatccs. 1 Rep. 87. Bro. Leaf. 63. nor be chargeable, because it was a perfonal Tort.
Though a Plantation be an Eſtate of Inheritance, 2 Lev. 110. But now it is otherwife by the Statute
yet being in a foreign Country, it is a Chattel in 30 Car. 2. cap. 7. made perpetual by 4 & 5 W. & M.
the Hands of Executors to pay Debts. 1 Vent. 358. c. 24. As the Law gives to Executors all Chattels,
The Executor is not only intitled to all perfonal &c. of the Teftator, fo it fubjects the Executors to
Goods and Chattels of the Teftator, of what Nature every Perfon's Claim and A&tion, which he had a-
foever they are; but they are alfo accounted to be gainft the Teftator; for which Reaſon the Executor.
in his Poffeffion, though they are not actually fo; is laid to be the Teftator's Affignee, and to repre-
for he may maintain an Action against any one who fent the Perfon of the Teftator: But for perſonal
detains them from him: He is likewife entitled to Wrongs done by the Teftator to the Perfon or Goods,
Things in Action; as Right of Execution on a Judg- &c. of another, the Executor doth not reprefent him;
ment, Bond, Statute, &c. Alfo to Money awarded
on Arbitration, where the Party dies before the
Day, &c. 1 Inft. 209. 2 Vent. 249. 1 Dano. Ahr. 549
If Goods of the Teftator are kept from the Executor,
he may fuc for them in the Spiritual Court, or at
Common Law; and if one feifed of a Meffuage in
Fee, &c. hath Goods in the Houfe, and makes a
I
becaufe perfonal A&tions die with the Perfon. 1 Inft.
209. 9 Rep. 89. Nothing can be Debt in the Execu-
tor, which was not Debt in the Teftator; and if a
Man covenants that his Executor fhall pay 101. no
Action lies against him for it. Cro. El. 232. So a
Promife to pay to an Executor, when the Teftator is
not named, is not good. Cro. Jac. 570. But a Te-
ftator
C
EX
EX
fecutor will pass; yet others hold the contrary. Noy
106: 4 Leon. 70. An Executor shall be charged with
Rent in the Detinet, if he hath Affers; and if he
continues the Poffeffion, he fhall be charged in the
Debet and Detinet, in Reſpect of the Perception of
the Profits, whether he hath Affets or not. 1 Lev.
127. But an Executor is not fuable in the Debet and
Detinet for Part, and in the Detinet for the other
ftator may bind his Executors as to his Goods, though
he himſelf is not bound. Ibid. And an Exe utor may
recover a Duty due to the Teftator, tho' he be
not named. Dyer 14. Action lics against an Execu-
tor upon, a collateral Promife made and broke by
the Teftator. Cro. Fac. 663. The Teftator's Affumpfit
to do any collateral Thing, as to build an Houle,
c. which is not a Debt, binds Executors: And A.
brings Affumpfit against the Executor of B. on a ProPart; becauſe they require feveral Judgments, viz.
mife of the Teftator to pay a certain Sum of Mo De bonis propriis for the Debet and Detinet, and De bo-
ney, which neither he nor his Executor hath paid; nis Teftatoris for the Detinet. 3 Lev. 74. If an Execu-
refolved by all the Judges, that the Action well tor has a Term, and the Rent referved is more than
lieth. Fenk. Cent. 290, 336. Affumpfit lies upon a the Value of the Premiffes, in Action brought a-
Contract of the Teftator; and the Reafon is the gainft him for it in the Debet and Detinet, he may
fame upon a Promife, where the Teftator had a va plead the fpecial Matter, viz. That he hath no Af-
luable Confideration. Palm. 329. Though a Debt lets, and that the Land is of lefs Value than the
upon a fimple Contract of the Teftator, cannot be Rent, and demand Judgment if he ought not to be
recovered of the Executor by A&tion of Debt; yet charged in the Detinet tantum: And he cannot wave
it may by Aſſumpfit. 1 Lev. 200. Where the Tefta- the Leafe; without renouncing the whole Execu-
tor might have waged his Law, his Executors fhall torſhip. 1 Salk. 297. It hath been held, that if an
not be charged. 9 Rep. 87. If two Perfons are bound Executor alters the Property of Things from the
jointly, and one of them dies, the Survivor only fhall Teftator to himſelf, by paying a Debt to the Va-
be charged, and not the other's Executor. Pafch. 16 lue; or by paying the Rent of a Leaſe, and re-
Car. 2. Allo when there are two Executors, if one ceiving the Profits, or Part of the Profits equal to
of them dies, Debt is to be brought against the fur- the Rent, the Things and Profits received are his
viving Executor, and not the Executor of the De- own. Dyer 185, 187. 5 Rep. 31. Where a Man by
ceafed But in Equity, the Teftator's Goods are
Will devifes that his Lands fhall be fold for Payment
liable in whoſefoever's Hands they are. 1 Leon. 304. of Debts, his Executors fhall fell the Land, to whom
Chanc. Rep. 57. Bills in Equity for Debts without it belongs to pay the Debts. 2 Leon. c. 216. And if
Specialty, have been allowed to be brought against Lands are deviled to Executors to be fold for Pay-
Executors, with an Averment that they had Affets; ment of the Teftator's Debts, thofe Executors that
and no Difference has been made where the Party act in the Executorship, or that will fell, may do it
feeks for Relief either before or after a Judg. without the others. 1 Inft. 113. By Statute 21 H. 8.
ment given against him at Law. Moor 566. Affets c. 4. Bargains and Sales of Lands, &c. deviſed to
fhall be always intended, till the Executors alledge be fold by Executors, fhall be as good, if made by
the Want of them in Excufe. 9 Rep. 90, 94. If fuch of the Executors only as take upon them the Ex-
an Obligee makes the Obligor Executor, this is a ecution of the Will, as if all the Executors had join-
Releaſe in Law of the Debt; but it fhall be Affets ed in the Sale: If Lands are thus devifed to pay
in his Hands; if there be not Affets befide to pay Debts, a furviving Executor may fell them; but if
other Creditors. 8 Rep. 136. 2 Roll. Abr. 920. When the Devife be, that the Executors fhall fell the Land,
an Obligor is made Executor by the Obligee, by Ad and not of the Land to them to be fold, here being
miniftring fome of the Goods, he hath accepted the only an Authority, not an Intereft, if one dies, the
Executorship, and 'tis that which makes the Release; other cannot fell. 1 Lev. 203. When Lands are devi-
becauſe by being Executor he is the Perfon who is to fed or difpofed for paying Debts, Goods in the
receive the Money due on the Bond, and he is Hands of an Executor fhall not be liable; though in
likewiſe the Perfon to pay it; and the Rule is, that Cafe of an Adminiſtrator it is otherwiſe. Ibid. Each
where the fame Hand is to receive and pay, that Executor hath the Whole of the Teftator's Goods and
amounts to an Extinguiſhment. I Salk. 305 But a Chattels, and each may fell or affign the Whole;
Perſon who owed the Teftator 400l. was made Ex- (But one of them cannot affign or releaſe his Inte
ecutor, where Debts, Legacies, and a refiduary E- eft to the other, if he doth it will be void.) If one
ſtate were deviſed; and though it was infifted that Executor grant his Part of the Tefta:or's Goods, all
the Debt was diſcharged by the Debtor's being made paffeth, and nothing is left in the other; each ha-
Executor, and that there was fufficient to pay theving the Whole, and there are no Parts or Moieties
Debts and Legacies, yet it was decreed in Equity
against the Executor, that he fhould pay the 4007.
to the Refiduary Legatee, 1 Chanc. Rep. 292. It has
been adjudged, that an Obligee making the Wife of
an Obligor Executrix, had fufpended the Action on
the Bond fo long as the Exe utorship continued; and
that a perſonal Action being fulpended by the A&t
of the Party himself, is quite extinguished: This
was in a Cafe where the Teftator deviſed all his
Goods to the Wife of the Obligor, and made her
fole Executrix. Moor 855. Hutt. 128. If an Obligee
is made Executor by the Obligor, the Debt is not
releaſed, but the Obligee may ftill fue for the Debt;
unleſs he adminifters, when if he ſues he muſt fue
himself, which cannot be, and in this Cafe he may
retain the Goods of the Obligor Teftator in Satif
faction of his Debt. 2 Lev. 73. 2 Nelf. Abr. 785. And
if there be no Affets, the Obligee Executor may fue
the Heir of the Obligor Teftator in Action of Debt
upon his Bond. 1 Salk. 304. 1 Lill. Abr. 575. If an
Executor releaſes all A&tions, Suits and Demands, it
extends only to Demands in his own Right; not
ſuch as he hath as Executor. Show. 153. And where |
an Executor grants Omnia bona fua, though fome are
of Opinion that the Goods which he hath as Ex-
|
between Executors: Yet one Executor may demiſe or
grant a Moiety of the Land, for the whole Term,
and fo may the other; and this Way they may fer-
tle in Friends trufted for them a Moiety for each.
Offic. Exec. c 9. One Executor cannot regularly fuc
another at Law; but he may have Relief in Equity:
In the Eye of the Law all are but as one Executor
and moft A&ts done by or to any one of them, are
esteemed A&s done by or to all of them. 1 Roll. Abr.
918. If where one Executor is fued, he plead that
there is another Executor, he ought to fhew that
he hath adminiftred. 1 Lev. 161. And he only that
adminifters is to be fued in Actions againſt Executors;
but Actions brought by Executors are to be in the
Name of all of them, though fome do not take
upon them the Executorship. 1 Roll. 924.
two Executors, and one doth not adminifter; a Writ
of Debt lies against him alone who adminiſtered:
For he that doth not meddle with the Eftate of the
Teftator, fhall not be charged to his Damage; tho'
in fuing Actions against others, he remains Execu
tor to advance the Teftator's Benefit. Fenk. Cent. 106,
107. An Executor is not difabled by Outlawry, to
fue for the Debts of the Teftator. Special Bail is
not required of Executors, &c. in any Action brought
4 F
for
There are
EX
EX
|
↓
9 Rep. 39. By Statute, no Executor or Adminiſtrator
fhall be cited into any Ecclefiaftical Court to ren-
der an Account, otherwife than by Inventory, un-
lefs at the Inftance of a Creditor, &c. 1 Fac. I.
c. 17. It has been held, an Executor is bound to
Account; and the Ordinary muft take the Execu-
tor's Account, when he is fummoned by any Credi-
tor, and cannot hold Plea of it, becauſe 'tis made
upon Oath: But if a Legatee comes, he may unra-
vel the Account, for this is generally the only
Court for him to fue in, and therefore he is not
bound by it; though if the Executor will pay him
his Legacy, then he cannot compel him to exhibit
an Inventory or to Account, he having the End of
his Suit. 2 Inft. 600. Raym. 407. Hill. 6 Ann.
The Inventory of the Teftator's Goods being made,
or before if requifite, where there is enough to pay
all Debts and Legacies, the Executor is to prove the
Will before the Ordinary in common Form, by his
own Oath, or by Witneffes, if required by those who
have a Right to question it; and being exhibited in
Regiſter's Office of the Ecclefiaftical Court, a
Copy in Parchment is delivered the Executor under
the Ordinary's Seal, which is called the Probate.
Perk. 486. 9 Rep. 37. 2 Inft. 488. One may prove
for the Teftator's Debt: And Executors or Admini
ſtrators are not liable to Cofts. Stat. 24 H. S. If an
Executor brings a Writ of Error, though the Judg-
ment is affirm'd, he fhall not pay any Cofts; be-
cauſe as he is Executor, it is in auter Droit: Alfo an
Executor shall not pur in Bail on a Writ of Error,
Caufa fupra. Mich. 5 W. & M. Executors are excufed
from paying Colts, as being prefumed to have no
Knowledge of the Affairs of the Teftator; and
therefore they fhall pay Cofts for not going on to
Trial, or where the Caufe of Action arifes to the
Executor himself, &c. 1 Salk. 207. 3 Salk. 106. No
Action fhall charge an Executor to anſwer Damages
out of his own Eltate, upon any Promife to an-
other, unless there be fome Writing thereof figned
by the Party to be charged therewith. 29 Car. 2.
c. 3. On any Judgment after Verdict, had by or in
the Name of an Executor or Adminiftrator; an Admi
niſtrator de bonis non may fuc forth a Sure facias, |
and take Execution upon fuch Judgment. Stat. 30
Car. 2. Before this Statute it was not fo; where an
Executor, c. died, for Want of Privity, the Admi-the
niftrator was to begin again. 2 Nelf. Abr. 789. If an
Executor makes himſelf a Stranger to the Will of
the Teftator, or pleads Ne unques Executor, or any falfe
Plea, and it is found against him, Judgment fhalla Will before the Ordinary, which contains Goods
be de bonis propriis: In other Cafes, de bonis Teftatoris. and Lands; though formerly a Prohibition was
Cro. Fac. 447. If on a Sci. fac. against an Executor, granted as to the Lands: And a Will of Freehold
the Sheriff return a Devaftavit; the Plaintiff fhall Land is to be proved by Witneffes in the Chancery.
have Judgment and Execution de bonis propriis of the Vent. 207. 6 Rep. 23. The Proving of the Will
Defendant: And if Nulla bona be return'd, he may is neceffary for Goods and Chattels, to give the Ex
have either a Capias Satisfaciend. or an Elegit. 2 Nelf. ecutor Power to bring A&tions, and confirm the Acts
791. Dyer 185. But one Executor fhall not be charged he did as Executor before: When this is done, the
with a Devaftavit made by his Companion; for the Executor is to pay all the Teftator's Debts before
A&t of one fhall charge the other no further than any Legacies, in the Order following, viz. After the
the Goods of the Teftator in his Hands amount to. Funeral Charges, the King's Debt is to be preferr'd;
Cro. Eliz, 318. If an Executor does any Wafte, or then Debts on Judgments, and Statutes or Recogni
mifemploys the Eftate of the Deceas'd, or doth any zances, on Mortgages, Rent upon Leafes, &c.
Thing by Negligence or Fraud, &c. it is a Devafta- Bonds, Bills fealed, and other Specialties, Servants
vit, and he fhall be charged for fo much out of his Wages, Debts on Notes, Shop-Books, &c.
own Goods. 8 Rep 133. And a new Executor may Abr. 927. Plowd. 543. See Fenk. Cent. 274. And
have an Action against a former Executor, who if the Executor pays the Debts in any other Order,
wafted the Goods of the Deceaſed; or the old one he is liable to the Payment of the Debts of a high-
may remain chargeable to Creditors, &c. Hob. 266. er Degree, though out of his own Eftate. Doct. By
The Duty and Office of an Executor is to bury the Stud. c. 10. The Executor, c. paying Debts on
Teftator in a decent Manner, according to his Rank Contract, fhall not be relieved against a Bond-
and Quality, and with a due Regard to the Eftate Debt, although he had no Manner of Notice of
left after Debts are fatisfied: For whatever an Ex-it; for this would be to alter the Courſe of the Law.
ecutor lays out extravagantly in Funeral Charges, if
there be not enough to pay Debts, he must bear it
at his own Expence. Wood's Inft. 325. But all rea-
fonable and neceffary Funeral Charges must be al-
low'd before Debts and Legacies. Roll. Abr. 926.
The Executor is to make an Inventory of all the
Goods and Chattels of the Deceas'd, with their Va-
lue, and of all Debts due to the Teftator; and this
Inventory ought to be made and apprais'd in the
Prefence of the Executor, by Two or more of the
Creditors, or two next of Kin to the Teftator; or
in their Default, by two or more of the Neigh
bours or Friends of the Deceas'd: And then the Ex
ecutor must deliver the fame upon Oath to the Ordi-
nary. Doct. & Stud. c. 10. 21 H. S. c. 5. Until the
Inventory of the Teftator's Goods is made and
brought into the Office of the Ordinary, it fhall be
prefumed that the Executor hath Affets to pay all the
Debts of the Teftator: The Inventory fhews the
Charge of the Executor, and his Account must be his
Difcharge, for fo much as he can prove to be laid
out in the Payments for Funeral Charges, making
the Inventory, Probate of the Will; Debts and Le
gacies: This Account will diſcharge him of all
Suits in the Spiritual Court; but will not difcharge
him of Suits at the Common Law, for there each
Particular must be again proved. Wood 328. An
Executor is to pafs his Account before the Ordinary,
for the Goods and Chattels of the Teftator; but the
Ordinary may not call Executors to account ex Officio.
I
I Roll.
Preced. Canc. 534. An Executor is allowed to re-
tain his own Debt, out of the Teftator's Eſtate;
and fo may the Executor of fuch Executor; and
the Reafon is because he can't pay himſelf.
Ibid. 179. Among Debts of equal Degree, the
Executor may pay himself firft: And thofe Debts
that are firft fued for, are to be first paid: Where
two Judgments are given against an Executor, the
Judgment given firft fhall be firft fatisfied; but if
the Judgments were given against the Teftator, he
who firft fucs Execution, fhall be paid before the
other. Noy Max. 104. 3 Leon. cap. 364. If no Suir
is begun against the Executor, he may pay the whole
Debt to any other Creditor in equal Degree, though
there be nothing left to pay another any Part of
his Debt. Wood's Inft. An Executor pays a Debt up-
on Bond before a Statute broken, and afterwards
the Statute is broken, the Payment of the Debt up-
on Bond, is a good Plea against the Statute. Cro.
Fac. 9. Pending a Bill in Equity against an Exe-
cutor, he may pay any other Debt of a higher Na-
ture, or of as high a Nature, where he has legal
Affets: But where there is a final Decree against an
Exe utor, if he pays a Bond, it is a Mifpayment; for
a Decree is in Nature of a Judgment. 2 Salk. 507.
If there are feveral Debts due on feveral Bonds
from the Teftator, his Executor may pay which Bond-
Debt he pleafes, except an A&tion of Debt is actu-
ally commenced against him upon one of thofe
Bonds; and in fuch Cafe, if pending an Action,
another
133
EX
EX
A
✓
-
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*
•
pays out
another Bond-Creditor brings another Action against | Difcharge for it, and is anfwerable to the Legatee if
him, before Judgment obtained by either of them, there be fufficient Affets. If an Executor
he may prefer which he will by confeffing a Judg. the Affets in Legacies, and afterwards Debts appear,
ment to one and paying him, which Judgment he of which he had no Notice, which he is obliged
may plead in Bar to the other A&tion. Vaugh. 89 to pay; the Executor by Bill in Chancery may force
An Action was brought against an Executor, and the Legatees to refund. Chanc. Rep. 136, 149. One
pending that Action, he procured another to com- Legatee paid fhall refund against another, and againſt
mence an Action against him for a juft Debt owing a Creditor of the Teftator, that can charge the Exe-
by the Teftator, and the other had Judgment firft, cutor only in Equity: But if an Executor pays a
which was allowed a good Plca to the firft Action; Debt upon fimple Contract, there shall be no Re-
and the Executor's Confent to pay one Creditor be-funding to a Creditor of a higher Nature. 2 Vents.
fore another, fhall never be intended to be by Co 360. Executors are not bound to pay a Legacy, with-
vin, but on confidering the Circumstances of the out Security to refund. Chanc: Rep. 149, 257. And if
Creditors, &. Sid. 21. Executors fometimes con Sentence be given for a Legacy in the Ecclefiaftical
fefs Judgment prefently to a Friend for his Debt, Court, a Prohibition lies, unless they take Security
for they are not bound to ſtand Suit; and plead di- to refund. 2 Vent. 358. If an Executor pays Lega-
latory Pleas to a Stranger's Debt, that the Friend cies, and feven Years after Covenant is. broken, for
may be first paid upon the Execution: And Exe which A&ion is brought against the Executor; the
cutors may give Precedence as they pleafe before Court inclined that it was a Devaſtavit, and that the
Execution: But if Judgment for 100 l. is fuffered, Executor ought to have taken Security for his In
and the Plaintiff compounds for 60 1. the Judgment demnity upon Payment of the Legacies. Allen 38
for the whole Sum fhall not be allowed to keep off Though it has been adjudged, that a Covenant is
other Creditors. 8 Rep. 133. In Action of Debt a- no Duty till broken; and therefore fince it is un-
gainst an Executor, he may plead a Judgment ob certain, whether it will be broken or not, it fhall be
tained against him by another, ultra quod he hath not prefumed it will not; and the Legacies being a pre-
Affets, which Judgment is in Force; though Judg-fent Duty fhall be paid by the Executor, notwith-
menis are not to be kept on Foot by Fraud. Sid. 230. ftanding any Covenant not actually broken. Style
1 Ventr. 76. If an Executor fued by feveral Credi 37. 1 Nelf. Abr. 786. If one binds himself and his
tors, pleads Plene Adminiftrávit to all at the fame Executors in an Obligation, &c. to perform a cer-
Time; and that he hath no Affets præter to pay one tain Thing, and in his Will gives divers Legacies
or two, he will make himfelf liable to all the Debts: and dies, leaving Goods only fufficient to pay the
He should plead fpecially to one Creditor, fhewing Obligation when forfeited; this Obligation hall be
what Affets he hath, or pay him, and plead fully no Bar to the Legacies, because it is uncertain
adminiſtered. 1 Lill. Abr. 574. On a Scire facias a
whether the fame may ever be forfeited: Though
gainst an Executor, he cannot plead fully adminifter the Executor may therefore make a Delivery upon
ed, but muft plead fpecially that no Goods of the Condition, viz. to return the Legacies if the Obli-
Teftator came to his Hands, whereby he might dif- gation become forfeit, and the Penalty be reco-
charge the Debt; for he may have fully adminiftred, vered. 1 Rol. Abr. 928. 2 Ventr. 358. The Executor
and yet be liable to the Debt, where Goods of the is to pay the Legacies, after the Debts; and he may
Teftator's afterwards come to his Hands. 1 Lill 568. prefer a Legacy to himſelf, if nothing remains to
Cro. Eliz. 575. In Sci. fac. against Executors, upon a difcharge the other Legacies. Plowd. 545. Offic. Exec.
Judgment against their Teftator, they pleaded Plene 204. But Exesutors cannot in Equity pay their own
Adminiftravit, by paying Debts upon Bonds ante No-Legacies firft, where there is not enough to pay all
titiam; It was adjudged no Plea, for at their Peril
they ought to take Notice of Debts upon Record,
and first pay them; and tho' the Recovery be in
another County than that where the Teftator lived:
But where an Action is brought againft Executors in
another County than where they live, and they not
knowing thereof, pay Debts upon Specialty, it is
good. Cro. Eliz. 793. In pleading Debt by Bond a-
gainst Executors, the Plaintiff fhould alledge not
only Goods left; but that there is no Debt upon
Judgment, Statute, &c. 3 Lev. 218. If a Surety
pay the Debt of his Principal, who is dead, 'tis faid
the Executor is not liable at Law to repay him, with-
out a Promiſe; but he is liable in Equity: Sid. 89.
3 Salk. 96. A Bill may be exhibited in the Chan-c. it must be delivered before any other Legacy,
cery againſt an Executor, to diſcover the Teftator's
Perfonal Eftate; and thereupon he fhall be de-
creed to pay Debts and Legacies. Abr. Caf. Eq. 238.
If a Perfon being Executor, and his Teftator great-
ly indebted, be defirous to pay the Affets as far as
they will go, and that his Payments may not be af-
terwards queftioned, he may bring a Bill in Equity
against all the Teftator's Creditors, in order that
they may, if they will, conteft each other's Debts,
and difpute who ought to be preferred in Payment.
2 Vern. 37.
Where there are only equitable Affets,
they must be equally paid among all the Creditors;
for a Debt by Judgment, and fimple Contract is in
Confcience equal. 2 Peer Williams 416. And it is
held, that Bonds, and other Debts, fhall be paid
equally, by Executors, where a Perfon has deviled
Lands to them, to be fold, for the Payment of
his Debts. I Peer Will. 430. A Debt devifed by the
Teftator, is not to be paid by the Debtor to the Le-
gatee, but to the Executor, who can give a fufficient
覆
​of them; but fhall have an equal Proportion with
the rest of the Legatees. Chane. Rep. 354. An Ex-
ecutor has Election, where any Chattel is given
to him, to have and take in one Right or the o-
ther, viz. as Executor, or Legatee; which is to be
made by a fpecial Taking or Declaration, c. 10
Rep. 47. Plowd. 519. Dyer 277. After the Executor
hath his own Legacy, he may pay what Legacies
he pleaſes firft; or pay each Legatee a Part in Pro-
portion, if there be not enough to pay every one
his whole Legacy; and he is not bound to Order, as
he is in the Payment of Debts due from the Tefta-
tor. 2 Ventr. 358, 360. If there be a ſpecifick Le-
gacy given of any Thing, as a Horfe, Silver Cup,
provided there be Affets. Offic. Exec. 317. And if
there be enough to pay all the Legacies, after the
Debts are fatisfied, the Legacies fhall all be paid;
but if there is not fufficient to pay Debts or more,
the Legatces muft lofe their Legacies: If there be
any Remainder undiſpoſed of after the Debts and
Legacies paid, by the Common Law it is faid to
belong to the Executor, by Virtue of the Executorship.
Plowd. 526. But this hath been underfood where
the Executor hath had no Legacy, or other Proviſion
by the Will: And a Man made his Will, giving only
a fmall Legacy for Mourning; and appointed an
Executor, without difpofing of the Refidue of his
perfonal Eftate, after Debrs and Legacies paid; and
it was adjudged that the Remainder fhould not
go to the Executor, but be diftributed among the
Relations of the Teftator by an Adminiſtration:
The Teftator was eſteemed as to that Refidue to
die Inteftate; and thereupon Adminiſtration ſhall
be granted quoad the Refidue. 1 Lill. Abr. 579. Wood's
Inft.
EX
EX
-
When there is a
Inft. 322. 4 Ann. in B. R. A Teftator made one Ex-7. If a Man who is neither Executor nor Admini-
ecutor who was no Relation to him, and gave him ftrator, acts as Executor, as when he takes into his
50 1. And the next of Kin exhibited a Bill in Hands the Goods of the Deceaſed for his own Uſe,
Chancery for the Refiduum of the Eftate; and it or alters the Property by Sale, &c. or delivers
was determined that the Executor fhould not have Goods of the Deceaſed to Creditors or Legatees, re-
the Refidue, but the next of Kin to the Teftator:ceives any Debt due to the Inteftate, &c. he is Ex-
But if the Executor had been nearly related to the ecutor in his own Wrong, and ſhall anſwer as far as
Teftator, it might be otherwife; though in fuch he acts. 5 Rep. 31, 32. 8 Rep. 135 9 Rep. 39. Tho
Cafe if there were other Relations, in equal De- every Taking of the Goods of the Deceafed, is not
gree, poor and indigent, Equity would give the Re- enough to make one chargeable; as if a Perfon
fiduc among them. 3 Salk. 82. If there be an ex-take away his own Goods in the Houſe of the De-
prefs Legacy given to an Exe utor, and no Deviſe of ceafed, or ufe fome of the Deceafed's Goods in the
the furplus Eftare, that shall generally go to the neceffary Occafions of his Family; bury the De-
next Kindred according to the Statute of Diftribuceafed, and fell fome of the Goods for that Purpose;
tions. And where two Perfons were appointed Exe- or if he take them by the Delivery of another, &c.
cutors, having Legacies given them; it was decreed Dyer 166, 167.. Noy's Max. 102,
in Equity, that the Executors fhould be only Tru- rightful Executor, and a Stranger poffeffes himself of
ftees as to the Refidue of the Estate, after the Le-the Teftator's Goods, without doing any further
gacies paid, which ſhould remain to the Teftator's A&t as Executor, he is not an Executor de fon tort: But
next of Kin, &c. 2 Vern. Rep. 677, 361. In a Cafe where there is neither an Executor or Adminftrator,
of the like Nature, the Surplus of the Teftator's it is o.herwife; for there the Creditors have no
perfonal Eſtate, has been adjudged to be in Truft Perfon against whom they may bring any Action
for his Children, though they had particular Lega. but him who hath poffeffed himself of the Goods.
cies. 1 Vern. 473. Abr. Caf. Eg 244. Alfo a Man Dyer 105. Roll. Abr. 918. If there is a lawful Ex-
by his Will gave Legacies to Relations, near to the ecutor that hath proved the Will, or a legal Adini-
Value of his Eftate, and made a certain Perfon niftration granted, before a Stranger intermeddles
Executor, to whom he gave a fmall Legacy, and de- with the Goods, the Stranger cannot be an Executor
fired him to take upon him the Trouble of the Ex-of his own Wrong; but is a Trefpaffer against the
erutorship; after the making of which Will, the
Teftator lived ten Years, and acquired a confidera-
ble additional Eftate, and then died; on a Bill
brought by his Relations, against the Executor, to
have an Account of the Perfonal Eftate, and the
Surplus diftributed amongst them; here the new ac-
quired Eftate was decrced to go to the Legatees,
in Proportion of each one's Legacy. Preced. Canc.
12. The Surplufage of an Eftate, given to pay
Debts, &c. after Debts, Legacies and Portions paid,
hath been ordered by the Court of Chancery to go
to the Heir. Chanc. Rep. 189. Overfeers of a Will have
nothing to do with the Execution of it, but are only
to give Counſel and Advice to the Executors; and if
they will not do their Duty, to complain of them
to the Spiritual Court, &c.
An
Executor, &c. who is to have his Remedy againſt
the Stranger, and the Creditors may have their Re-
medy against the lawful Executor. 5 Rep. 82.
Executor of his Wrong, may be fued as Executor;
and he fhall be fued for Legacies, as well as a
rightful Executor. Noy 13. Though an Executor de fon
tort cannot maintain any Suit or Action becaule he
cannot produce any Will to juftify it: And he will
be feverely punished for a falfe Plea, for in fuch
Cafe the Execution fhall be awarded for the whole
Debt, tho' he meddled with a Thing of very finall
Value. Noy 69. Debt was brought against an Execu
tor of his own Wrong, who pleaded that he never
was Executor, nor adminiftred as fuch; it was held,
not to be material whether he had Affers or no,
but to prove that he had adminiftred any Thing
was enough; for this would make him chargeable
Executor de fon toạt, Or Executor of his own
Wrong, is he that takes upon him the Office of an with the Debt: But if he had not pleaded failly,
Executor by Intrusion, not being fo conftituted by he would have been liable for no more than the
the Teftator; or for Want thereof, appointed by Value of the Goods of the Deceased. Style 120. If
a Plaintiff alledges that the Defendant adminiftred
the Ordinary to adminifter. Dyer 166. If an Ex
ecutor of his own Wrong takes upon himself the Of of his own Wrong, and the Defendant demurs, it is
fice of an Executor without any lawful Authority, a Confeffion of it to be true; and then the Action
he is chargeable to the rightful Executor, and to all may be brought againſt the Defendant as Executor
the Creditors of the Teftator, and likewife to the de fon tort. 5 Mod. 136. 1 Salk. 298. And Executor of
Legaters, fo far as the Goods amount unto which his own Wrong poffeffes himself of Goods, and af-
he wrongfully poffeffcd: And fuch an Executor is terwards Adminiftiation is granted him, he may by
Virtue thereof retain Goods for his own Debr.
made by any Act of Acquifition, Transferring or
Poffeffing himself of any of the Eftate or Goods of 5 Rep. 30. And where a Man took Poffeffion of
the Deceafed; but not by Acts of Neceffity, Piery an Inteftate's Goods wrongfully, and fold them to
or Charity. 2 Nelf Abr. 793. Where a Perfon gets another, and then took out Adminiftration, it was
the Goods of the Inteftare into his Hands, he is adjudged that the Sale was good by Relation. Moor
chargeable for them as Executor de fon tort, until he 126. But where an Executor de fon tort delivered
gives Satisfa&tion for them to the true Adminiftra- Goods to one to whom Adminiſtration was afterwards
tor; or fatisfies the true Debts of the Inteftate to the granted, it was held that if the Adminiſtration had
Value. Cro. Eliz. SS. And fuch a one cannot retain been granted to himself, it would not have purged
for his own Debt, againſt another Creditor. 5 Rep. the Tort, much lefs where granted to another; for
31. For if an Executor of his own Wrong, to whom he having once made himſelf liable to an Action as
207. is owing, doth feife Goods to that Value, in- Executor de fon tort, he fhall never after diſcharge
tending to pay himself, it shall be Affets in his himſelf by Matter ex poft facto. Hob. 49. An Execu
Hands to make him chargeable to any Creditor or tor de fon tort fhall be allowed in Equity, all fuch
Legatee. 5 Rep. 31. And by Statute, Perfons ob- Payments which a rightful Executor ought to have
taining any Goods or Debts of an Inteftate by paid. 2 Chanc. Rep. 33. See more of Executors,
Fraud, or procuring Adminiftration to be granted under Adminiftrators, Affets, Joint Executors, Wills,
to a Stranger, &c. are chargeable as Executors in &c.
their own Wrong, to the Value of the Goods or Executory, Is where an Estate in Fee created by
Debts, &c. And Executors and Adminiſtrators of Ex-Deed or Fine, is to be afterwards executed by En-
ecutors in their own Wrong, fhall be liable to pay
the Debts of the Teftator; in like Manner as their
Teftator or Inteftate. 43 Eliz. cap. 8. 30 Car. 2. cap.
I
try, Livery, Writ, &c. And Leafes for Years, Rents,
Annuities, Conditions, &c. are called Inheritances
Executory. Wood's Inft. 293. Eftates executed are when
they
EX
EX
they paſs preſently to the Perfon to whom convey-fuch a Remainder was adjudged void: For a De-
ed, without any After-A&t. 2 Inft. 513.
viſe of a Chattel to one for an Hour, was a Deviſe
of it for ever. Dyer 74. But fince it has been held,
that a Remainder of a Term to one, after it was
limited to another for Life, was good: In a Cafe
where a Teftator having a Term devifed that his
Wife should have the Lands for fo many Years of
the Term as the fhould live; and that after her
Death, the Refidue thereof fhould go to his Son
and his Affigns; and this was the firft Cafe wherein
an Executory Remainder of a Term for Years was
adjudged good. Dyer 358, 253. A Perfon poffeffed
and after to his eldeft Son for Life, after to the
Son's eldeft Iffue Male during Life; tho' he have
no fuch Iffue, at the Time of the Devife, and
Death of the Devifor, if he has before his own
Death, he fhall have it as an Executory Devife. I
Roll. 612. But if one devife a Term to his Wife
for Life; the Remainder to his firft Son for Life,
and if he dies without Iffue, to his fecond Son, &c.
the Remainder to the fecond Son is void, and no
Executory Devife; yet where he dying without Iffue
living at a Perfon's Death, may be confined to one
Life, it hinders not a Remainder over. Abr. Ca. Eq.
194. Executory Devifes, as to Terms for Years, are
not extended beyond a Life, or Lives; they ought
to arife within the Compafs of one Lite. I Salk.
229. Where there is an Executory Devife, there needs
nor any particular Eftace to fupport it; and becauſe
the Perfon who is to take upon Contingency, hatn
not a prefent but future Intereft, his Eltare cannot
be barred by a common Recovery; and for that it
was a Remainder not in Being when the Recovery
was fuffered, it has been adjudged it could not be
barred by fuch a Recovery. 2 Nelf. Abr. 797, 798.
It is held Executory Devifes, and Limitations of the
Truft of a Term, are governed alike. 1 Vern. 234.
Exemplification of Letters Patent, Is a Copy
Executory Devile, Is faid to be where a future
Intereft is devifed, that vefts not at the Death of
the Teftator, but depends on fome Contingency which
must happen before it can veft. If a particular E-
tate is limited, and the Inheritance paffes out of
the Donor, this is a contingent Remainder; but
where the Fee by a Devife is veſted in any Perfon,
and to be veſted in another upon Contingency, this
is an Executory Devife: And in all Cafes of Executory
Devifes, the Eltates defcend until the Contingencies
happen. Raym. 28. 1 Lutw. 798. Where a contin- of a Term, devifes it to his Wife for eighteen Years,
gent Eftate limited, depends upon a Freehold, which
is capable of supporting a Remainder, it fhall never
be conftrued an Executory Devife, but a Remainder.
And fo it is, if the Eftate be limited by Words in
prafenti, as when a Perfon deviſes his Lands to the
Heirs of A. B. who is living, &c. Though if the
fame were to the Heir of A. after his Death, it
would be as good as an Executory Devife. 2 Saund.
380. 4 Mod. 255. One by Will devifes Land o bis
Mother for Life, and after her Death, to his Bro-
ther in Fee; provided, hat if his Wife, being then
enfient, be delivered of a Son, then the Lands to re-
main to him in Fee, and dies, and the Son is born;
in this Cafe it was held, that the Fee of the Bro
ther ſhould ceaſe, and veft in the Son, by Way of
Executory Devife, on the happening of the Contin-
gency; and here fuch Fee Eftate enures as a new
original Devile to take Effect when the firft fails.
Dyer 127. 33. Cro. Fac. 592. A Remainder of a Fee
may not be limited by the Rules of Law, after a
Fee-fimple; for when a Man hath parted with his
whole Eftate, there cannot remain any Thing for
him to difpofe of: But of late Times a Diftinction
hath been made between an abfolute Fee-fimple
and a Fee-fimple which depends upon a Contingen-
cy, or is conditionally limited; efpecially where
ſuch a Contingency may happen in the Courfe of aor Tranfcript of Letters Patent, made from the In-
few Years, or of one or two Lives; and where rolment thereof, and fealed with the Great Seal of
fuch a Remainder is limited by Will, it is called England; which Exemplifications may be fhewed or
an Executory Devife. 2 Nelf. Abr. 797. An Eftate de- pleaded, as the Letters Patent themselves. But nei-
viſed to a Son and his Heirs, upon Condition that ther an Exemplification nor Conftat was pleadable at
if he did not pay the Legacies given by the Will Common Law, becaufe they were only the Tenor of
within fuch a Time, that then the Land fhould an Inrolment, and the Tenor of a Record is not
remain to the Legatees, . and their Heirs: This pleadable: Though by the Statutes of 6 R. 2. c. 4.
Limitation of a Fee in Remainder, after a Fee li 3 Ed. 6. and 13 Eliz. they are pleadable 5 Rep. 53.
mited to the Son, being upon the Contingency of By the laft mentioned Statute, Exemplifications of the
the Son's Failing in Payment of the Legacies, was Inrolment of Grants by Letters Patent, fhall be of
adjudged good by Way of Executory Devife. Cro. El. as good Force in pleading for the Patentees, &c. as
833. And where the Father devifed his Lands to if the Parents were produced. 13 Elix. c. 6. One
his youngest Son and his Heirs, and if he died may exemplify a Patent under the Great Seal in
without Infue, the eldeft Son being alive, then to him Chancery; and alfo any Record or Judginent, in
and his Heirs; this was held a good Remainder in any of the Courts at Westminster, under the proper
Fee to the eldest Brother, after the conditional Seal of each Court; and fuch an Exemplification
Contingent Eftate in Fee to the youngeft, as de- may be given in Evidence to a Jury, &c. 1 Lill
pending upon the Poffibility that he might be alive 583. If a Man will plead a Record in another
when his youngeſt Brother died without Iffae; and Court than where it remaineth, he must have it ex-
his Dying without Iffue, was a collateral Determi-emplified under the Great Seal, if it be denied; o-
nation of his Eftate, whilft the other was living. therwife it will not ferve, unless to give in Evi-
Godb. 282. 2 Nelf. Abr. 198. There can be no Ex-dence. 2 Shep. Abr. 134. A Rule made, or Writ
ecutory Devife after an Eftate-tail generally limited, filed in any Court at Westminster, may be exempli-
becauſe that would tend to a Perpetuity; and a Con- fied in the Court where made or filed. 1651. C. B.
tingency is too remote where a Man must expect a But nothing but Matter of Record ought to be ex-
Fee upon another's Dying without Iffue, generally: emplified. 3 Inft. 173.
But dying without Iffue, living another, may hap
pen in a little Time, because it depends upon one
Life; and therefore a Devife of a Fec-fimple to Exemption, (Exemptio) Signifies a Privilege to
one, but to remain to another upon fuch a Contin- be free from Service or Appearance; as Knights,
gency, is now held good by Executory Devife. 2 Cro. Clergy men, &c. are exempted to appear at the
695. Sometimes crofs Remainders in Tail by Im-County-Court by Statute; and Peers from being
plication, have been pleaded against Executory De-
vifes. Formerly where a Term of Years, which is
but a Chattel, was devifed to one; and that if he
died, living another Perfon, it should remain to
the other Perfon, during the Refidue of the Term,
•
Exemplificatione, Is a Writ granted for the Ex-
emplification of an original Record. Reg. Orig. 290.
put upon Inquefts. 6 Rep. 23. Perfons feventy Years
of Age, Apothecaries, &c. are alfo exempted by Law
from ferving on Juries: And Juftices of Peace, At-
tornies, &c. from Parish Offices. 2 Inft 447. There
is an Exemption from Tolls, c. by the King's Let-
4 G
ters
.
་
O
1
EX
ters Patent: And a Writ of Exemption or of Eafe, to
be quit of ferving on Jurics, and all publick Ser-
vice. Shep. Epitom. 1049.
1
EX
mations in the County where the Defendant dwells,
for him to yield himself, &c. by the Stat. 31 Eliz
The Writ of Exrgent alfo lies in an Indictment of
Felony, where the Party indicted cannot be found:
And upon fuing out an Exigent for a criminal Mat-
ter before Conviction, there fhall be a Writ of
Proclamation, &c. 3 Inft. 31. 4 & 5 W. & M. c. 22.
If a Perfon indicted of Felony abfent fo long that
the Writ of Exigent is awarded, his Withdrawing
will be deemed a Flight in Law, whereby he will
be liable to forfeit his Goods; and though he ren-
ders himfelf upon the Exigent, after fuch Withdraw-
ing, and is found Not guilty, 'tis faid the Forfei-
Exercituale, Was anciently used for a Heriot;
being paid only in Arms and military Accoutre-
ments: Exercituale Vironis five Baronis Regis, qui erit
proximus ei, quatuor Equi. Leg. Edw. Conf. 1.
Exeter. By Letters Patent under the Great Seal,
the Site of the Caſtle of Exon (Part of the Dutchy
of Cornwall) to be granted to fome Perfon appoin-
ted by the Juftices in Quarter-Seffions for the
County of Devon, for the Term of 99 Years, to the
Ule of the faid County and for other publick Ufes;
under the ancient yearly Rent of 10l. per Annum,ture fhall ftand. 5 Rep. 110. 3 Inft. 232. After a Ca-
payable to the Crown. Stat. 9 Ann. c. 1.9.
Exfrediare, (From the Sax. Frede, Frith, Peace,
and Frithian) To break the Peace, or commit open
Violence. Leg. H. 1. c. 3.1.
pias directed to the Sheriff to take and impriſon a
Felon, &c. if he cannot be taken, an Exigent is a-
warded: And after a Judgment in a civil Action,
the Exigent is to go forth after the firft Capias; but
Ex gravi Queréla, Is a Writ that lies for him before Judgment, there must be a Capias, Alias and
to whom any Lands or Tenements in Fee are devi-Pluries. 4 Inft. 177. If the Defendant be in Prifon,
fed by Will, (within any City, Town or Borough, or beyond Sea, &c. he or his Executors may reverfe
wherein Lands are devifable by Cuftom) and the the Award of the Exigent. Sce Outlawry.
Heir of the Devifor enters, and detains them from
him. R. Orig 244. Old Nat. Br. 87. And if a Man
devifes fuch Lands or Tenements unto another in
Tail, with Remainder over in Fee, if the Tenant
Form of a Writ of Exigent.
EORGE the Second, &c. To the Sheriff of L.
in Tail enter, and is feifed by Force of the Inrail G Greeting: We Command you, that you caufe C. D.
and afterwards dieth without Iffue; he in the Re-
mainder ſhall have the Writ Ex gravi Querela to ex-late of, &c. to be exacted and called in your Huftings,
ecute that Devife. New Nat. Br. 441. Alfo where until according to the Law and Cuftom of this Part of our
Tenant in Tail dies without Iffue of his Body, the
Heir of the Donor, or he who hath the Reverfion
of the Land, ſhall have this Writ in the Nature of
a Formedon in the Reverter. Ibid. If a Devifor's Heir
be ousted by the Devifec, by Entry on the Lands;
he may not after have this Writ, but is to have his
Remedy by the ordinary Courſe of the Conimon
Law. Co. Lit. 111.
Exhenium or Exennium, A Gift or Prefent, and
more properly a New Year's Gift,
In Expenfis
Domini Regis & Exenniis eidem factis apud, &c. lxxv
fol. Ex Compot. Dom. de Farend. MS.
Exhibít, (Exhibitum) A Word mentioned in the Sta-
tute 14 Car. 2. cap. 14. And where a Deed, or other
Writing is in a Suit in Chancery exhibited to be proved
by Witneffes, and the Examiner or Commiffioners
appointed, certify on the Back of it, that the Deed
or Writing was fhewed to the Witnefs, to prove it at
the Time of his Examination, and by him fworn to;
this is called an Exhibit in Law Proceedings.
Exhibitio, An Allowance for Meat and Drink,
fuch as was customary among the religious Appro-
priators of Churches, who ufually made it to the
depending Vicar; and the Benefa&tions fettled for
the Maintaining of Scholars in the Univerſities, not
depending on the Foundation, are called Exhibitions.
Paroch. Antiq. 304.
Exigendaries of the Common Pleas, (Exigenda
rii de Banco Communi) Are otherwife called Exigen-
ters, by Stat. 10∙H. 6. c. 4.
Kingdom of Great Britain called England, he shall be
outlawed, if he doth not appear; and if he appeareth,
then that you take him, and caufe him to be fafely kept,
fo as you have his Body before us, the Day, &c. where-
foever, &c. to answer to A. B. of a Plea of, &c. And
whereof we charged you on the Day, &c. last past, and
you returned that the faid C. was not found in your Bai-
liwick: And have you there this Writ. Witneſs, &c.
Exigenter, (Exigendarius) Is an Officer of the
Court of Common Pleas; of which Officers there
are four in Number: They make all Exigents and
Proclamations, in Actions where Procefs of Out-
lawry doth lie; and alfo Writs of Superfedeas, as
well as the Prothonotaries, upon fuch Exigents made
out in their Offices. 18 Hen. 6. c. 9. But the iffu-
ing Writs of Superfedeas is taken from them by an
Officer in the fame Court, conftituted by Letters
Patent by King James the Firft.
Exile, A Banishment or driving out of a Perfon.
Lit. Dict. And this Exile is either by Reſtraint,
when the Government forbids a Man and makes it
penal to return; or 'tis voluntary, where he leaves
his Country upon Difguft, but may come back
again at Pleafurc. 2 Lev. 191.
Exilium, Signifies in Law Conſtruction, a Spoil-
ing: And by the Statute of Marlbridge it feems to
extend to the Injury done to Tenants, by altering
their Tenure, ejecting them, &c. and this is the
Senfe that Fleta determines; who diftinguishes be-
Exigent, (Exigenda) Is a Writ that lies where the tween Vaftum, Deftructio and Exilium; for he tells us
Defendant in an Action perfonal cannot be found, that Vaftum & Deftructio are almoft the fame, and
nor any Thing of his, within the County, whereby are properly applied to Houſes, Gardens or Woods;
to be attached or diftrained; and is directed to the but Exilium is when Servants are enfranchifed, and
Sheriff, to proclaim and call him five County-Court afterwards unlawfully turned out of their Tene-
Days, one after another, charging him to appear ments. Vaftum & Deftru&tio fere equipollent,&
upon Pain of Outlawry: It is called Exigent, be-convertibiliter fe habent in Domibus, Bofcis & Gardinis ;
caufe it exacbeth the Party, i. e. requires his Appear-fed Exilium dici poterit, cum fervi manumittuntur, aut
ance or Forth-coming to anfwer the Law; and if he à Tenementis fuis injuriofe ejiciuntur. Fleta, lib. 1. cap.
come not at the laſt Day's Proclamation, he is faid 11. -Venditionem vel Exilium non faciant de Domi-
to be Quinquies Exactus, and is outlawed. Crompt. bus, Bofcis, vel hominibus, &c. Stat. Marlb. c. 25.
Jurifd. 188. The Statutes requiring Proclamations
on Exigents awarded in civil Actions, are 6 Hen. S.
c. 4. and 3 Eliz. cap. 3. Exigents are to be awarded
against Receivers of the King's Money, who detain
the fame; and against the Confpirators, Rioters, &c.
Stat. 18 Ed. 3. c. I. And a Writ of Proclamation
fhall be iffued to the Sheriff to make three Procla-
5
Exitus, Iflue or Off-fpring; and applied to the
Iffues or yearly Rents and Profits of Lands.
Et fciat vicecomes, quod Redditus, Blada in grangia, &
omnia mobilia, præter equitaturam, Indumenta Üten-
filia Domorum, continentur fub nomine Exituum. Stat.
Weft. 2. c. 43.
Exlegalitus,
1
EX
EX
}
Eplegalitus, Is he who is profecuted as an Out-
law. Leg. Edw. Confeff. c. 38.
Expeditate, (Expeditare) In the Laws of the Fo-
reft, fignifics to cut out the Ball of Dogs Forc-feet,
for the Prefervation of the King's Game: But the
Ball of the Foot of a Maftiff is not to be taken out,
but the three Claws of the Fore foot on the right
Side are to be cut off by the Skin. Crompt. Furifd.
152. Manwood, cap. 16. This relates to every Man's
Pa-Dog who lives near the Foreft; and was formerly
done once in every three Years: And if any Perfon
keeps a great Dog not expeditated, he forfeits to the
King 35. 4d. 4 Inft. 308.
Ex mero motu, Are Words used in the King's
Charters and Letters Patent, to fignify that he
grants them of his own Will and Motion, without Pe-
tition or Suggeftion of any other: And the Intent
and Effect of thefe Words, is to bar all Exceptions
that might be taken to the Charters or Letters
tent, by alledging that the King in granting them
was abuſed by falfe Suggeſtions. Kitch 352. When
the Words ex mero motu are made ufe of in any
Charter, they fhall be taken moſt ſtrongly against
the King. 1 Co. Rep. 451.
Expeditate Arbores, Trees rooted up or cut
down to the Roors. Inquiratur de Arboribus Ex-
Per-peditatis in Forefta. Fleta, lib. 2. c. 41.
Ex Dficio, Is fo called from the Power a
fon has by Virtue of an Office, to do certain Acts,
without being applied to: As a Juftice of Peace
may not only grant Surety of the Peace, at the
Complaint or Requeft of any Perfon, but he may
demand and take it ex Officio at Difcretion, &c. Dalt.
270. And by Stat. 1 Eliz. c. 1. the Queen by her
Letters Patent might authorize any Perfon exerci-
fing Ecclefiaftical Jurifdiction, to adminifter an
Oath ex Officio; whereby a fuppofed Offender was
compelled to confefs, accufe, or clear himſelf of
any criminal Matter, and thereby made liable to
Cenfure or Puniſhment, &c. but the Branch of this
Statute relating to the faid Oath, is repealed by 17
Car. I. c. II.
Expenditos, Are the Perfons appointed by Com-
miflioners of Sewers to pay, disburfe or eprend the
Money collected by the Tax for the Repairs of
Sewers, &c. when paid into their Hands by the
Collectors, on the Reparations, Amendments and
Reformations ordered by the Commiffioners, for
which they are to render Accounts when thereunto
required. Laws of Sewers, 87, 88. Thefe Officers
are mentioned in the Statute 37 H. 8. c. 11. and o-
ther Statutes: The Steward who fupervifes the
Repair of the Banks and Water-courfes in Rumney
Marsh is called the Expendit.r.
Expénfæ Litis, Cofts of Suit, allowed a Plaintiff
or Defendant recovering in his Action. See Cofts.
Expenfis militum non levandis, &c. Is an an-
Exoneratione feite, Was a Writ that lay for the
King's Ward, to be freed from all Suit to the Councient Writ to prohibit the Sheriff from levying any
ty-Court, Hundred Court, Lect, &c. during Ward-
fhip. F. N. B. 158.
Allowance for Knights of the Shire, upon thofe
that hold Lands in Ancient Demefn. Reg. Orig. 261.
For there is a Writ De expenfis militum levandis, for
levying Expences for Knights of the Parliament,
Reg. Orig. 191.
Exoneratione feita að Curiam Baron. A Writ
of the fame Nature, fued by the Guardian of the
King's Ward, and directed to the Sheriff or Stew.
ards of the Court, that they do not diftrain him,
-
for not doing Suit of Court. New Nat. Br. 352.
And if the Sheriff diftrain Tenants in Ancient De-
metne to come to the Sheriff's Turn or Lect, they
may have a Writ commanding the Sheriff to fur
ceafe, &c. Ibid. 359. Likewife if a Man have
Lands in divers Places in the County, and he is
conftrained to come to the Leet where he is not
dwelling, when he refides within the Precinct of any
other Leet, &c. then he fhall have this Writ to the
Sheriff to difcharge him from coming to any other
Court-Leet than in the Hundred where he dwelleth.
Ibid. 357. By the Common Law, Parfons fhall not
be diftrained to come to Court-Leets, for the Lands
belonging to their Churches; and if they be, they
may have the Writ Exoneratione fect, &c. F. N. B.
394. So fhall a Woman holding Land in Dower, if
the is diftrained to do Suit of Court for fuch
Land; when the Heir has Lands fufficient in the
fame County. Ibid.
Ex parte, Of the one Part; as a Commiffion in
Chancery Ex parte, is that which is taken out and
executed by one Side or Part only, on the other
Parry's Neglecting or Refuſing to join: When both
Plaintiff and Defendant proceed, it is a Joint-Com-
miffion.
Ex parte talis, Is a Writ that lies for a Bailiff
or Receiver, who having Auditors affigned' to take
his Account, cannot obtain of them reafonable Al-
lowance, but is caft into Priſon: And the Courſe in
this Cafe is to fuc this Writ out of the Chancery,
directed to the Sheriff to take four Mainpernors to
bring his Body before the Barons of the Exchequer at
a certain Day, and to warn the Lord to appear at
the fame Time. F. N. B. 129.
Expices, The Rents or Profits of an Estate, &c.
Vide Efplees.
Explozatoz, A Scout; alfo a Huntſman or Cha-
fer. In memoriam Henrici Croft Equitis aurati, Ex-
ploratoris in Hibernia Generalis, qui obiit Anno 1609.
Exportation, Is the Shipping or carrying out the
native Commodities of England for other Countries;
mentioned in the Statutes relating to the Customs.
See Importation.
Expolition of Deeds, It shall be favourable, ac-
cording to the apparent Intent; and be Reaſonable
and Equal, &c. Co. Lit. 313. See Deed.
Ex poft facto, Is a Term ufcd in the Law, fig-
nifying fomething done after another Thing that
was committed before. And an A&t done, or Eftate
granted, may be made good by Matter ex poft facto,
that was not fo at first, by Election, &c. As fome-
times a Thing well done at first, may afterwards
become ill. 8 Rep. 146. 5 Co. Rep. 22.
鲁
​Extend, (Extendere) Is to value the Lands or Te-
nements of one bound by a Statute, &c. who hath
forfeited his Bond, at fuch an indifferent Rate, as
by the yearly Rent the Creditor may in Time be
paid his Debt. F. N. B.
Extendi facias, A Writ of Extent, whereby the
Value of Lands is commanded to be made and le-
vied, &c. Reg. Orig.
Extent, (Extenta) Signifies a Writ or Commiffion
to the Sheriff for the valuing of Lands or Tene-
ments; and fometimes the A&t of the Sheriff or o-
ther Commiffioner upon this Writ. Bro. 313. Stat.
16 & 17 Car. 2. cap. 5. It hath been held more
frequently to be the Eltimate or Valuation of
Lands, which when done to the utmoft Value, is
faid to be the full Extent; whence come our exten-
Expe&ant, Having Relation to or depending up-ded Rents, or Rack-Rents. And if one bound to
on; and this Word is ufed in the Law with Fee, as
Fee-Expectant. If Land is given to a Man and his
Wife, to hold to them and their Heirs; in this Cafe
they have a Fee-fimple: But if it be given to them
and the Heirs of their Bodies, &c. they have Tail
and a Fee-Expectant; and thus it is oppofite to Fec-
fimple. Kitch. 153.
the King by Specialty or to others by Statute, Re-
cognizance, &c. hath forfeited it; fo that by the
yearly Rent of the Debtor's Lands, the Creditor is
to be paid his Debt; upon this the Creditor may
fue a Writ to the Sheriff out of the Chancery. to
deliver him the Lands and Goods to the Value of
the Debt, which is termed a Liberate. F. N. B.
131.
[
=
EX
:
EX
131. This is after the Extent directed to the She-taken, the Writ ought to be returned. 4 Rep. 67.
riff to feife and value the Lands, &c. of the Debt- | 1 Lill. Abr. 592. The Sheriff may be charged to
or, to the utmoft Extent. 4 Rep. 67. Lands and make a Return of his Writ, if he put the Cognifee
Goods are to be appraiſed and extended by the In- in Poffeffion of Part only; and fo the Cognifce may
queft of twelve Men, and then delivered to the have Poffeffion of the Whole. 2 Nelf. Abr. 774. But
Crediter, in Order to the Satisfaction of his Debt: if a Perfon fuing out an Extent, die before the Re-
Every Extent ought to be by Inquifition and Ver- turn of a Writ, the Sheriff may not proceed in his
dict, by the Stat. Weftm. 2. And the Sheriff without Inquifition, &c. afterwards; for there muſt be a
an Inquifition cannot execute the Writ. Cro. Fac. 569. Profecution de novo. I Cro. 325. After a full and
The Body of the Cognifor, and all Lands and Te-perfect Execution had by Extent, returned and of
nements that were his at the Time of the Statute, Record, there fhall never be any Re extent upon an
. entered into, or afterwards, into whofe Hands Eviction: But if the Extent be fufficient in Law,
foever they come, are liable to the Extent. 2 Inf 396. there may be a new Extent. Stat. 32 Hen. 8. cap. 5.
But Copyhold Lands are chargeable only during the 1 Inft. 290. So if Lands be extended upon a Miftake,
Life of the Cognifor; and may not be extended by and fee Dyer 299. If Part of the Lands is evict
Elegit, fo as to admit a Stranghr to have Intereſt in ed, the Cognifce is to hold over the Reſidue of the
the Lands held by Copy, without the Admittance of Land till the Debt is fatisfied. 4 Rep. 66. When
the Lord. Lands in Antient Demefne, Annuities, Lands are delivered in Extent, it is as if the Cog-
Rents, &c. are extendible. 1 Roll, Abr. 88. Two nifee had taken a Leaſe thereof for Years, until the
Parts of an entire Rent, may be delivered upon an Debt is fatisfied; and he fhall never afterwards
Extent by the Sheriff. 1 Cro. 742. But if the Cog- take out a new Execution: The Cognifee having
nifor of a Stature have a Rent-charge, and before accepted the Land upon the Liberate, the Law pre-
the Extent he purchaſe Parcel of the Land; the fumes the Debt to be fatisfied. 1 Lutw. 429. ´An
Rent is gone, and fhall not be in Execution: 'Tis Extent was filed, and though it was diſcovered that
otherwife if he purchaſes after Extent of the Rent. Lands were omitted, the Court would not grant
Dyer 206. A Reverfion of Lands, &c. may not be a Re-extent. Sid. 356. Lands or Goods, c. are not
extended; but a Plaintiff had Judgment for his to be fold on an Extent; but delivered.
Debt and Damages de Reverfione cum acciderit, and a Extinguishment, (From Extinguo) Signifies a Con-
ſpecial Elegit to extend the Moiety, &c. 2 Sid. 86. folidation; For Example; If a Man hath an year-
Dyer 373. An Advowfon in grofs is not extendi-ly Rent out of Lands, and afterwards purchaſes
ble on Elegit, &c. Stat. Weftm. 2. cap. 18. An Of the Lands whereout it arifeth, fo as he hath as
fice of Truft cannot be extended, becauſe 'tis not good an Eſtate in the Land as the Rent; now both
affignable; and nothing fhall be extended but what the Property and Rent are confolidated or united
may be affigned over. Dyer 7. Though an Office is in one Poffeffor; and therefore the Rent is faid
extendible in Equity. Chanc. Rep. 39. Goods and to be extinguished. Alfo where a Perton has a Leaſe
Chattels, as Leales for Years, Cattle, &c. in the for Years, and afterwards buys the Property; this
Cognifor's own Hands, and not fold for valuable is a Confolidation of the Property and Fruits, and
Confideration, are fubject to the Extent. As the is an Extinguishment of the Leafe: But if a Man
Lands are to be delivered to the Party at a reaſonable have an Effate in Land but for Life or Years, and
yearly Value, fo the Goods fhall be delivered in Ex-hath a higher Eftate as a Fec-fimple in the Rent;
tent at a Price that is reaſonable: And on a Scire facias the Rent is not extinguished, but in Sufpence for
ad computand. the Cognifee is to account according to a Time; for after the Term, the Rent fhall re-
the extended Value; not the real Value of the Land. vive. Terms de Ley 327. Extinguishment of a Rent
Hardr. 136. If the Extenders appraiſe and value the is a Deftroying of the Rent by Purchaſe of the
Lands too high, the Cognifee at the Return of the Land; for no one can have a Rent going out of his
Writ may pray that they may take and retain the own Land; though a Perfon muſt have as high an
Lands at the Rate appraiſed; and then 'tis faid he Eftate in the Land, as in the Rent, or the Rent
may have Execution against their Lands for the will not be extinct. i Inft. 147. If a Perfon hath a
Debt; but this may not be on Elegit. Cro. Fac. 12. Rent-charge to him and his Heirs, iffuing out of
It has been adjudged, that at the Return of the Lands, and he purchafeth any Part of the Land to
Writ, the Cognifee may refufe the Lands, &c. ex him and his Heirs; as the Rent is entire and iffu-
tended, if over-valued. Cro. Car. 148. Where Lands ing out of every Part of the Land, the whole Rent-
are extended at under-value, and delivered in Ex-charge is extinguiſhed: Though it is not fo where
ecution; the Cognifee hath an Intereft in the Land, one hath a Rent-fervice, and purchaſeth Part of the
which cannot be devefted by finding of Surplufage. Land out of which it iffues; Rent-fervice being ap-
I Cro. 266. 2 Cro. 85. The Cognifor cannot enter portionable according to the Value of the Land, fo
upon the Cogniſfee, when Satisfaction is received that it fhall only extinguish the Rent for the Land
for the Debt, but is put to his Scire facias on an purchaſed. Litt. 222. 1 Inft. 148. And if the Gran-
Extent: Though on an Elegit, the Defendant may tee of a Rent-charge, purchaſes Parcel of the
enter becauſe the Land is only awarded, till the Lands, and the Grantor by his Deed granteth that
Debt, which is certain is fatisfied; whereas on Ex- he may diftrain for the Rent in the Refidue of the
tent, the Land is to be held until the Debt, Dama- Land, this amounts to a new Grant. 1 Inft. 147.
ges and Cofts, &c. are fatisfied: And the Cognifee If a Man be feifed of a Rent-charge in Fee, and
being in by Matter of Record, fhall not be put grants it to another and his Heirs, and the Tenant
out but by Matter of Record, viz. a Scire facias attorns; the Grantor is without Remedy for the
brought against him. 4 Rep. 67. March's Rep. 207, Rent in arrear before his Grant; and fuch Arrears
208. The Cognifee hath no abfolute Property in become as it were extin&t. Vaugh. 40. 1 Lill. Abr. 594.
Lands by the Extent, till the Delivery upon the Li- A. B. made a Leafe for Years of Lands to another,
berate; but notwithstanding, by the very Extent they and afterwards granted a Rent-charge to C. D. who
are in Cuftodia Legis for his Benefit. Cro. Car. 106, devifed the faid Rent to the faid A. B. till 100 l.
148. No actual Seifin can be on an Extent, and a hould be levied; then to B. G. and died: Adjudg-
Cognifee of a Statute-Staple, &c. cannot bring E-ed that by the Devife to A. B. the Rent was fuf-
je&tment before the Liberate; nor can the Sheriff
upon the Liberate turn the Ter-tenant out of Poffeffi-
on, as he may upon a Hab. fac. Poffeffionem. I Vent.
41. Where there is an Extent upon a Statute, and
a Liberate thereupon, but it is not returned, yet it
is good; though regularly when Inquifitions are
pended, and that a perfonal Thing once fufpended
by the A&t of the Party, is extinguished for ever.
Dyer 140. If Tenant for Life, makes a Leafe for
Years, rendring Rent, and after the Reverſion de-
feends to the Tenant for Life; this is not an Ex-
tinguishment of the Term: But it is otherwife if he
have
!
1
...
5
1
EX
EX
ligation for 10% of it, the Debt is extinct: And by
Releafe of Part of a Debt due on Bond, the whole
is gone, and the Oligation extinguished. Bro. Contract,
So. 1 And. 235. There is an Extinguishment of Common;
of Liberties and Franchifes, Services, &c. See more of
Extinguishment of Rents, &c. under Unity of Poffeffion.
Extinguiſhment of Common. By purchafing
Lands wherein a Perfon hath Common Appendant,
the Common is extinguished. Cro. El. 594. A Com-
moner releafes his Common in one Acre, it is an
Extinguishment of the whole Common.
Show. Rep.
350. And where a Perfon hath Common of Vicinage,
if he enclofes any Part of the Land, all the Con-
mon is extin&t. 1 Brownl. 174. But if one have
Common Appendant in a great Wafte, belonging to
his Tenant, and the Lord improve Part of the Waſte
leaving fufficient; if he after make a Feoffment to
the Commoner of the Land improved, this will be
no Extinguishment. Dyer 339. Sec Hob. 172. A Com
moner aliens Part of his Land, to which the Com-
mon doth belong; the Common is not extinct, but
fhall be divided. 2 Shep. Abr. 152. Vide Common.
have the Reverſion by Purchaſe. 1 Co. Rep. 96. A
Jointenant for Life purchaſes the Land in Rever-
fion, it will extinguish the Eftate for Life for a
Moiety, and fever the Jointure. 2 Rep. 60. Lands
are given to two Men, and the Heirs of their Bo-
dies; though they have an Estate for Life jointly,
and feveral Inheritances, yet the Eftate for Life is
not extin&t: Contra, if it be by feveral Conveyances;
as where a Leaſe is made to two for their Lives,
and after the Leffor grants the Reverfion to them
and their Heirs, &c. here the Life-Eftate will be
extinguiſhed. 1 Inft. 182. If one after his Title be-
gun to be Tenant by the Curtefy, make a Feoff-
ment in Fee upon Condition, and enter for the
Condition broken; the Eſtate is extinct, fo that if
his Wife die, he fhall not be Tenant by the Cur-
tefy. 1 Rep. 18. Where a Man hath an Eftate for
his own Life, and for another's Life at once; the
Eftate per auter vie will be extinguiſhed in the Eftate
for his own Life, which is greater in Law than the
other. í Rep. 87. Dyer II.
I
If a Leaſe be made to
a Perfon for his Life, and alfo for 20 Years; thefe
two Eftates may ftand well enough, and there fhall be Extinguiſhment of Liberties. As to Liberties
no Extinguishment: But if it were a Leafe for Years, and Franchiles granted by the King, fometimes they
Remainder to him for Life, in this Cafe, the Leafe may be extinguished, and fometimes they fhall not.
for Years would be extin&t. Bre. 409. A Leafe was Moor 474. When the King grants any Privileges,
granted to one for 100 Years, and the Leffee made Liberties or Franchifes, which were in his own
a Leafe for twenty Years rendring Rent; then the Hands, as Parcel of the Flowers of the Crown;
Leffor granted the Reverfion in Fee, c. and the fuch as Bona Felonum, Fugitivorum Utlagatorum,
Grantec purchased the Reverfion of the Term; Waifs, Strays, Deodand, Wreck on the Sea, &c.
and it was held that he fhall not have the Rent, if they come to the Crown again, they are drowned
becauſe that being incident to the Reverfion of the and extin&t in the Crown, and the King is ſeiſed of
Term, is extinguished by the Reverfion in Fee, them Fure Corona: But if Liberties of Fairs, Markets
both being in one Perfon. Moor 94. 2 Nelf. Abr. 821. or other Franchiſes, and Jurifdi&tions, be erected
When the Freehold cometh to the Term, the Estate and created by the King, they will not be extinguished,
for Years is extin&t. Nelf. Ibid. 820. Where the nor their Appendances fevered from the Poffeffions.
Remainder of a Term is granted over to another, 19 Rep. 25. A Man has Liberties by Prefcription, if
if the Party in Poffeffion purchase the Fee-fimple, he takes Letters Patent of them, the Prefeription
though by this Means his Intereft is extinguished;
yet that shall not defeat the reverfionary Intereft.
10 Rep. 52. 2 Nelf. 820. A Fine, &c. of Lands, will Extinguishment of Services. The Lord purcha-
extinguifh a Term: And by Purchaſe of an Eftate fes or accepts Parcel of the Tenancy, out of which
in Fee-fimple, an Eſtate-tail in Land is extinct. 9 an entire Service is to be paid or done; by this
Rep. 139. But if a Fee-fimple and Fee-tail meet the whole Service will be extinct: But if the Ser-
together by Difcent, the Eſtate-tail will not be ex vice be pro bono publico, then no Part of it fhall be
tinguifhed. 3 Rep. 61. Difcent of Lands to the fame extinguished; and Homage and Fealty are not fub-
Perſon who has a Term, will extinguish the Term. je to Extinguishment, by the Lord's purchaſing
Moor 286. If a Copyholder takes a Leafe of the Part of the Land. 6 Rep. I, 105. Co. Lit. 149. If
Land held by Copyhold Tenure, his Copyhold is the Lord and another Perfon do purchaſe the Lands,
extinguifhed. Cro. Eliz. 7. And a Copyhold Eftate where out he is to have Services, they are extinct;
is extinct whenever it becomes not demifable by Alfo by Severance of the Services, a Manor may
Copy. Coke's Cofybold 62. When a Leffor enters tor-be extinguiſhed. Co. Lit. 147.
tioufly upon the Leffce againft his Confent, the Rent
is extinguiſhed. 2 Leo. 143. But it has been ad-
judged that Rent is not extinct by the Entry of the
Leffor, but only fufpended; and revives by the
Leffee's Re-entry. Dyer 361. An Infant has a
Rent, and purchaſes the Land out of which it is if
fuing; by this the Rent will be fufpended, but not
extinct. Bro. Extinguish. A Man Leffee for Years
takes a Wife, or Woman Leffee a Husband, that
hath the Reverſion after the Leafe; here the Term
is not extinguished. 12 Rep. 81. If Feme Sole
Debtee, take the Debtor to Husband; or there be
two joint Obligors in a Bond, and the Obligee mar- Extocare, To grub up Lands, and reduce them
ries one of them; or in Cafe a Perfon is bound to to Arable or Meadow.
bound to to Arable or Meadow. Man. Ang. tom. 2. p. 71.
a Feme Sole and another, and ſhe takes the Obli- Extortion, (Extorfio, from Extorqueo to wreft a-
gor to Husband; in thefe Cafes, the Debt will be way) Is an unlawful Taking by any Officer, &c.
extinguished. 8 Rep. 136. And if a Debtor make the by Colour of his Office, of any Money, or valu-
Debtee his Executor, or him and another Execu-able Thing, from a Perfon where none at all is
tors, and they take the Executorship upon them; due, or not fo much is due, or before it is due.
Or if the Debtee makes his Debtor Executor, c. 1 Inft. 368. 10 Rep. 102. At the Common Law which
it is ap Extinguiſhment of the Debt, and it fhall ne- was affirmed by the Statute of Weft. 1. cap. 26. it
ver revive. Plowd. 184. 1 Salk. 304. But where a was Extortion for any Minifter of the King, whofe
Debtee or Debtor Executor legally refufeth; or he Office did any way concern the Administration and
and others being made Executors they all refufe, Execution of Juftice, or the common Good of the
then the Debt is revived again. Plowd. 185. A Per- Subject, to take any Reward for doing his Office,
fon hath 20 1. due by Contract, if he take an Ob-except what he received from the King: Though
will be gone and extinct; for Things of a higher
determine thofe of a lower Nature. 2 H. 7. §.
1 And. 257.
Extinguiſhment of Ways. If a Man hath a
Highway as Appendant, and after purchaſes the
Land wherein this Way is, the Way is extin&.
Terms de Ley. Tho' a Way of Neceffity to Market,
or Church, or to arable Land, &c. is not extinguiſhed
by Purchaſe of Ground, or Unity of Poffeffion.
11 H. 7. 25. r Inft. 155.
Extirpatione, Is a Judicial Writ, either before
or after Judgment, that lies against a Perfon who
when a Verdict is found against him for Land, &c.
doth maliciously overthrow any Houfe, or extirpate
any Trees upon it. Reg. Jud. 13, 56.
4 H
reaſonable
EY
FA
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1
Eyery Of Hawks. See Aery. Eyze, Vide Eire,
F.
their be-
F,
Is a Letter wherewith Felons, &c. are branded
and marked with an hot Iron, on
ing admitted to the Benefit of Clergy. See the
Stat. 4 H. 7. c. 13.
reaſonable Fees for the Labour and Attendance of
Officers of the Courts of Juftice are not reftrained and Fuftices in Eyre.
by Satute, which are ftated and fettled by the re-
fpe&tive Courts; and it has been thought expedient
to allow theſe Officers to take certain immediate
Fees in many Cafes. 2 Inft. 209 3 Inft. 149. 1 Hawk.
P. C. 170, 171. The taking of Money by Virtue of
an Office, implies the A&t to be lawful; but to take
any Money by Colour of an Office, implies an ill
Action: And the Taking being for Expedition of
Bufinefs, is judged. by Colour of the Office, and Fabzick Lands, Are Lands given towards, the
unlawful. 2 Inft. 206. 1 Inft. 368. And where an Rebuilding or Repairing of Cathedrals and other
Officer is not allowed by Law to take any Thing, Churches: For in antient Time, almost every Per-
and it would be Extortion to do it, a Promife to pay fon gave by his Will, more or lefs, to the Fabrick of
Money is void. 1 Roll Abr. 16. There must be a the Cathedral or Pariſh-Church where he lived ;
pofitive Charge in Cafes of Extortion, and that the and Lands thus given were called Fabrik Lands, be-
Perfon charged with it took fo much Extorfive or ing ad Fabricam reparandum: Thefe Lands are men-
olre Officii; which Words are as effential as Proditioned in the Stat. 12 Car. 2. c. 8.
torie or Felonice for Treafon or Felony. 2 Salk. 680. Falta Brmozum, Feats of Arms, Jufts, Tornaments,
Extortion by the Common Law is feverely punished &c. Rex Ricardus in Angliam tranfiens Statuit
on Indictment by Fine and Imprisonment, and Re- Facta Armorum, que vulgo Torneamenta dicuntur, in
moval of Officers from the Offices wherein commit- Anglia exerceri. Hif Joh. Brompton, in R. 1. p. 1261.
ted: By the Stat. 3 Ed.1. c. 30. Officers of Justice, Facto, In Fact; as where any Thing is actually
c. guilty of Extortion, are to render treble Value: done, &c. See De facto.
And there are divers Statutes for puniſhing Extor-
tions of Sheriffs, Bailiffs, Gaolers, Clerks of the
Affife, and of the Peace, Attornies and Solicitors,
&c. 23 Hen. 6. 33 Hen. 8.. 3 Fac. 1. 10 & 11 W. 3.
The Extortion of Officers of the Cuftoms, diftrain-
ing Merchants for undue Charges, c. See Stat. 28
H. 6. c. 5. Officers may be jointly indicted of Ex-
tortion, as they may be jointly guilty of the Offence.
I Salk. 382. Against Attornies for Extortion, A&tion
may be brought, and the Party grieved fhall have
treble Damages and Colts; but Information will not
lie on the Stat, 3 Fac. 1. cap. 7. Sid. 434. 2 Nelf.
822. If an Officer by terrifying another in his
Office, take more than his ordinary Fees or Duties,
he is guilty of Extortion; which may be compared
to unlawful Ufury, &c. And Crompton fays, that
Wrong done by any Man is a Trefpafs; but excef-
five Wrong is properly Extortion. Cromp. Juft. 8.
And Extortion has been deemed more odious than
Robbery, because it carries an Appearance of
Truth; and is often accompanied with Perjury in
Officers, c. by breaking their Oaths of Office.
Extortion in a large Senfe is taken for any Oppref.
fion by Power or Pretence of Right. 1 Hawk. P. C.
Factor, Is a Merchant's Agent refiding beyond the
Seas, or in any remote Parts, conftituted by Letter
or Power of Attorney: And one Factor may be con-
cerned for feveral Merchants, and they thall all
run a joint Rifque of his A&tions. If the Princi-
pal give the Factor a general Commiffion to act for
the beft, he may do for him as he thinks fit; but
otherwife he may not. Though in Commiffions at
this Time, it is common to give the Factor Power
in exprefs Words, to difpofe of the Merchandize,
and deal therein as if it were his own; by which
the Factor's A&tions will be excufed, though they
occafion Lofs to his Principal. Lex Mercat. 151.
A bare Commiffion to a Factor to fell and difpofe of
Merchandize, is not a fufficient Power for the
Factor to entrust any Perfon, or to give a farther
Day of Payment than the Day of Sale of the
Goods; for in this Cafe, on the Delivery of the
one, he ought to receive the other: And by the
general Power of doing as if it were his own, he
may not truft out an unreasonable Time, viz. be-
yond one, two or three Months, &c. the ufual
Time allowed for the Commodities difpofed of; if
he doth, he fhall be answerable to his Principal,
out if his own Eſtate. 1 Bulft. 103. 7 Jac. 1. B. R.
If a Factor buys Goods on Account of his Principal
where he is ufed fo to do, the Contract of the
Factor fhall oblige the Principal to a Performance
of the Bargain; and he is the proper Perfon to be
profecuted, on Non-performance: But if the Factor
Extrajudicial, Is when Judgment is pafs'd in a enters into a Charter-Party of Affreightment with
Caufe, not depending in that Court where given;a Mafter of a Ship, the Contract obliges him only;
or wherein the Judge has not Jurifdi&tion..
170.
Extrafta Curiæ, The Iffues or Profits of hold-
ing a Court, arifing from the customary Fees, &c.
Paroch. Antiq. 572.
Extrafts Of Writings or Records, being Notes
thereof. See Efreats.
Extra-parochial, Signifies to be out of any Pa-
rifh; and where any Thing is privileged and ex-
empt from the Duties of a Pariſh. Stat. 22 & 23
Car. 2. Most of the Forefts in England are Extraparo-
chial; fo are fome privileged Places, but they
ought to maintain their own Poor. Mod. Cafes in L.
and Eq. 40.
Extravagants, Are certain Conftitutions of Popes,
fo called, because they are Extra Corpus Canonicum
Gratiani, five Extra Decretorum libros vagantur. Du
Cange.
Extume, Reliques in Churches and Tombs.
Cartular Abbat. Glafton. MS. f. 15.
Exuperare, To overcome; and it fometimes fig-
nifies to Apprehend or Take, as, Exuperare vivum
vel Mortuum. Leg. Edm. c. 2.
Ey, Infula, an Inland: And where the Names of
Places end in Ey, it denotes them an Inland. As
Ramfey, is the land of Rams; Sheppey, the Inland
of Sheep; Herfy, the Inland of Harts, &c.
unless he lades aboard generally his Principal's
Goods, when both the Principal and Lading be-
come liable for the Freight, and not the Factor.
Goldsb. 137. Goods remitted to a Factor, ought to
be carefully preferv'd; and he is accountable for
all lawful Goods which fhall come to his Hands;
yet if the Factor buy Goods for his Principal, and
they receive Damage after in his Poffeffion, thro❞
no Negligence of his, the Principal fhall bear the
Lofs; and if a Factor be robb'd, he fhall be dif
charged in Account brought against him by his
Principal. 4 Rep. 83. If the Factor has Orders from
his Principal not to fell any Goods but in fuch a
Manner, and he breaks thofe Orders, he is liable to
the Lofs or Damage that shall be received there-
by: And where any Goods are bought or exchang-
ed, without Orders, it is at the Merchant's Cur-
tefy whether he will accept of them, or turn
them on his Factor's Hands. Lex Mercat. 154, 155.
When a Factor has bought or fold Goods purfuant
to Orders, he is immediately to give Advice of it
to
:
I
FA
FA
that oppos'd the Doctrine of the arbitrary Pricft-
hood, were condemn'd not only to the Penance of
carrying a Faggot, as an Emblem of what they had
merited, to fuch an appointed Place of Solemnity;
but for a more durable Mark of Infamy, they were
to have the Sign of a Faggot embroider'd on the
Sleeve of their upper Garment: And if this Badge.
or Faggot was at any Time left off, it was often al-
ledged as the Sign of Apoftacy.
Faída, Malice or deadly Feud. Leg. H. 1. c. 88.
Failure of Beco2D, Is when an Action is brought
against a Man, who alledges in his Plca Matter of
Record in Bar of the Action, and avers to prove
to his Principal; left the former Orders should be
contradicted before the Time of his giving Notice,
whereby his Reputation might poffibly fuffer: And
where a Factor has made a confiderable Profit for
his Principal, he must take due Care in the Difpo-
fition of the fame; for without Commiffion or par-
ticular Orders, he is answerable. Ibid. A Factor
fhall fuffer for not obferving of Orders; and no
Factor acting for another Man's Account in Mer-
chandize, can juftify Receding from the Orders of
his Principal, though there may be a Probability of
Advantage by it: If he make any Compofition with
Creditors without Orders, he fhall answer it to his
Principal. Ibid. Factors ought to obferve the Con-it by the Record; but the Plaintiff faith, Nul tiel
tents of all Letters from their Principals, or writ
ten to them by their Order; and to be very diligent
and punctual in giving fpeedy and particular An-
fwers: They fhould make it their Bufinefs to study
the Nature, Value, Rife and Fall of Merchandi-
zes, as well here at Home as Abroad, and alfo the
proper Seafons of Buying and Selling, . A Mer-
&c.
chant is anfwerable in Action upon the Cafe for the
Deceits of his Factor, in Selling Goods abroad; and
as fome Body must be a Lofer by fuch Deceit, it is
more Reason that he who employs, and puts Confi-
dence in the Deceiver, fhould lofe than a Stranger.
1 Salk. 289. If a Perfon doth employ a Factor to
fell Goods, who fells them on Credit, and before
the Money is paid dies indebted more than his
Affets will pay; this Money fhall be paid to the
principal Merchant, and not to the Factor's Admi-In
niftrator, but thereout must be deducted what was
due for Commiffion: For a Factor is in Nature only
of a Truſtee for his Principal. 2 Vern. 638.
Faftorage, Is the Wages or Allowance paid and
made to a Factor by the Merchant. The Gain of
Factorage is certain, however the Succefs proves to
the Merchant; but the Commiffions and Allow
ances vary according to the Cuftoms and Distance
of the Country, in the ſeveral Places where Fac-
tors are refident: In the West Indies, the Commif
fion runs at about 8 per Cent. but in France and
Spain, &c. not above 2 per Cent. and in Holland but
one and a half per Cent Lex Mercat. 155.
Fatum, A Man's own Act, Fact, or Feat; and
particularly uſed in the Civil Law, for any Thing
itated and made certain. See Fait.
Record, viz. denies there is any fuch Record: Upon
which, the Defendant hath. Day given him by the
Court to bring it in; and if he fails to do it, then
he is faid to fail of his Record, and the Plaintiff fhall
have Judgment to recover. Terms de Ley 329. In
Debt upon an Efcape, the Plaintiff declared, that
he had obtained a Judgment in an inferior Court,
upon which the Defendant was taken, and the She-
riff fuffered him to escape; the Defendant pleaded
Nul tiel Record, and being at Iffue, in the Record
was certified at the Day; by which it appear'd that
there were feveral Variances in the Continuances
and Procefs; but becauſe the Plaint, Count, and
Judgment certified, did agree with the Plaintiff's
Declaration, it was held that thofe Variances made
no Failure of Record. Hob. 179. 2 Nelf. Abr. 823.
>
Formedon for the Manor of Isfield; she Defen-
dant pleaded in Bar a Common Recovery of the
faid Manor against the Donee in Tail, who replied
Nul tiel Record, and the Defendant having brought
in the Record, it appear'd that the Recovery was
of the Manor of Iffield; and adjudg'd, that this be-
ing in a Common Recovery, fhall be no Failure of
Record for this fmall Variance, but ſhall be a-
mended being the Mifprifion of the Clerk. 5 Rep.
46. And where a Fine with Proclamations was le-
vied, and upon an Iffue of Nul tiel Record, on which
it was brought in at the Day, tho' the Year of the
King was left out in the Proclamations made in one
Term, as it was expreffed in the Proclamations of
the other two Terms, they were held to be right,
and the Omiffion no Failure of Record. Dyer 234.
If a Judgment, c. be reverfed for Error, Nul tiel
Record may be pleaded. 8 Rep. 142. And where a
Tenor only of a Record, &c. is brought in, it is a
Failure of Record. Dyer 187. 2 Nelf. 824.
Faculty, (Facultas) As reftrained from the Ori-
ginal and active Senfe, to a particular Underſtand
ing in Law, is ufed for a Privilege granted to a
Man by Favour and Indulgence, to do that which Faint-ion, (Fr. Feinte) A feigned Action; fuch
by Law he ought not to do. And for the Granting that altho' the Words of the Writ are true, yet for
of thefe, there is an efpecial Court under the certain Caufes the Plaintiff hath no Title to reco-
Archbishop of Canterbury, called the Court of the Faculver thereby: But a Falfe Action is properly where
ties; and the chief Officer thereof the Master of the the Words of the Writ are falfe. 1 Inft. 361.
Faculties; who has Power by the Stat. 25 H. 8. cap.
21. to grant Difpenfations; as to marry Perfons
without the Banes firft asked, to eat Flesh on Days
prohibited, (and every Dioceſan may make the like
Grants) to Ordain a Deacon under Age, for a Son
to fucceed the Father in his Benefice, one to have
two or more Benefices incompatible, &c. And in
this Court are regiftred the Certificates of Bishops
and Noblemen granted to their Chaplains, to qua-
lify them for Pluralities and Non-Refidence. 4
Inft. 337.
+
Falting-Men, In Mon. Angl. Tom. I. pag. 100.
are rendered to fignify Vaffals: But Cowel thinks
they rather mean Pledges or Bondſmen; which by
the Cuſtoms of the Saxons, were faft bound to an-
fwer for one another's peaceable Behaviour. See
Feftingmen.
༔
fag, A Knot or Excrefcency in Cloth; and
in this Senfe it is ufed in the Statute 4 Ed. 4.
cap. I.
faggot, A Badge wore in the Times of Popery,
by Perions who had recanted and abjured what the
then Powers adjudged Hereſy: Thofe poor Wretches
Faint-Pleader, Is a fraudulent, falfe or collu-
fory Manner of Pleading, to the Deceit of a third
Perfon; againft which, among other Things, was
made the Stat. 3 Ed. 1. c. 19.
Fair-Pleader, Or not Pleading fairly, &c. See
Beaupleader.
Fair, (Fr. Feire, Lat. Nundina) A folemn or
greater Sort of Market, granted to any Town by
Privilege, for the more fpeedy and commodious
providing of fuch Things as the Subject needeth;
and the Utterance of what Commodities we abound
in above our own Ufes and Occafions: And both
our English and the French Word feems to come
from Feria, becauſe it is incident to a Fair that Per-
fons fhall be privileged from being moleſted or ar-
reſted in it, for any other Debt or Contract than
what was contracted in the fame, or at least was
promiſed to be paid there. Stat. 17 Ed. 4. c. 2. And
R. 3. c. 6. It is generally kept once or twice in
the Year; and it has been obſerv'd, that Fairs were
at firft occafion'd by the Refort of People to the
Feast of Dedication, and therefore in moft Places
the Fairs, by old Cuſtom, are on the fame Day with
the
FA
}
FA
N
:
Falefia, A great Rock, Bank or Hill by the
Sea-fide. Domefd.
Fallow Land, Vide Warrectum & Terra Warrecta.
Fallum, Is a Sort of Land, as appears by the
De duobus acris & vi-
Monafticon Anglicanum.
ginti Fallis in, &c. Mon. Tom. 2. 425.
Falmotum, or Falkmote, the fame with Folk-
mote.
Falle Axion, If brought against one, whereby
he is caft into Prifon, and dies pending the Suit,
the Law giveth no Remedy in this Cafe, becauſe
the Truth or Falfhood of the Matter cannot appear
before 'tis tried: And if the Plaintiff be barred or
nonfuited, at Common Law, regularly all the Pu-
nifhment is Amercement. Fenk. Cent. 161. See Faint-
Action.
the Wake or Feſtival of that Saint to whom the
Church was dedicated; and for the fame Reafon
kept in the Church-yard, till by Authority, re-
ſtrain'd. 2 Inft. 221. Blount. The Court of Piepowder
is incident to every Fair, &c. And there is a Toll
ufually paid in Fairs and Markets, on the Sale of
Things tollable, and for Stallage, Picage, &c. But
this is not incident to a Fair or Market, without
Special Grant; for where it is not granted, ſuch a
Fair or Market is accounted a Free Fair or Market.
2 Inft. 220. Cro. Eliz. 559. By the Statute 2 Ed. 3
cap. 15. Fairs are not to be kept longer than they
ought by the Lords thereof, on Pain of their being
feiled into the King's Hands, until fuch Lords have
paid a Fine for the Offence; and Proclamation is
to be made how long Fairs are to continue: Alfo
no Merchant fhall fell any Goods or Merchadize Falle Claim, By the Foreft Laws, is where a
at a Fair after the Time of the Fair is ended, under Man claims more than is his due, and is amerced
the Penalty of forfeiting double the Value of the and punished for the fame. A Perſon had a Grant
Goods fold, one fourth Part whereof to the Profe- by Charter of the Tenth of all the Venifon in the
cutor, and the Reft to the King. 5 Ed. 3. c. 5. Any Foreft of Lancaster, viz. In Carne tantum, fed non in
Citizen of London may carry his Goods or Merchan- Corio; and becauſe he made a False Claim, by al-
dize to any Fair or Market in England at his Plea- ledging that he ought to have the Tenth of alí Ve-
fure, Whereas an Ordinance had been made by the nifon within the Foreft, as well in Carne, as in Co-
Lord Mayor, Aldermen and Citizens, that no Citirio, therefore he was in Mifericordia de Decima Vena-
zen fhould go to any Fair or Market out of the ſaid | tionis fuæ in Corio non percipiendo. Manwood, cap. 25.
City. 3 Hen, 7. cap. 9. Owners of Fairs and Mar-num. 3.
kets are to appoint Toll-takers or Book-keepers, on Falle Form, In Proceedings at Law, is aided by
Pain of 40s. and they fhall enter and give Account a Verdict; tho' not where there is Want of Certain-
of Horfes fold, &c. 2 & 3 P. & M. c. 7. and 31 ty, &c. 1 Keb. 734, 876.
Eliz. c. 12. Sce Market.
Fait, (Factum) Is in Law Signification a Deed
or Writing, lawfully executed to bind the Parties
thereto. Vide Deed.
Falle Imprisonment, (Falfum Imprifonamentum)
Is a Trefpafs committed against a Perfon, by Ar-
refting and Imprifoning him without juft Čaufe,
contrary to Law; or where a Man is unlawfully de-
Fait enrolle, (Fr.) Is a Deed of Bargain and Sale,tained, without legal Procefs: And it is alſo uſed
&c. and forging the Inrollment of it is a great Mif-
demeanor, but not Forgery within the Stat. 5 Eliz.
1 Keb. 568.
Faitours, (Fr.) In the Statute 7 R. 2. cap. 5. is
ufed for Evil Doers; and may be interpreted Idle
Livers, from Faitardife, which fignifieth a Kind of
fleepy Difcafe, proceeding of too much Sluggish-
nefs: And in the faid Statute it feems to be fyno-
nymous with Vagabonds. Terms de Ley 331.
Falang, A Jacket or Clofe Coat. Blount.
Falcatura, One Day's Mowing of Grafs; a cu-
ftomary Service to the Lord by his inferior Te-
nants : Falcata was the Grafs fresh mowed, and laid
in Swathes; and Falcater, the fervile Tenant per-
forming the Labour. Kennet's Gloff.
Falco, A Faulcon. King John, in his 14th
Year of his Reign, granted to Owen Fitz-David,
and others, Omnes accipitres & Falcones gentiles
Pat. 14 Joh.
Spuarios, &c.
falda, A Sheepfold. Et quod oves fint
vantes & cubantes in propria Falda, &c. Rot. Chart.
6 Hen. 3. m. 6.
for a Writ which is brought upon this Trefpafs. If
a Perfon be any way unlawfully detain'd, it is
Falfe Imprisonment; and confiderable Damages are
recoverable in thefe A&tions. I Inft. 124. The Law
favours Liberty, and the Freedom of a Man from
Imprifonment, fo that Falfe Imprisonment is a great
Offence; and lawful Imprifonment is fo far pitied,
that by feveral Statutes, as well as by the Common
Law, Defaults are faved on that Account. Wood's
Inft. 16. The King cannot give any Power to im-
prifon, where Imprifonment may not be awarded
And if a Per-
by the Common Law. 2 Brownl. 18.
fon is imprifon'd on any By-Law of a Corpora-
tion, &c. it is Falfe Imprisonment; becaufe a By-Law
to impriſon is againſt Magna Charta, quod nullus Li-
ber Homo Imprifonetur, &c. 5 Rep. 64. It is the fame
of a Cuſtom to impriſon Perfons: But 'tis incident
to a Court of Record to impriſon. 2 Nelf. Abr. 827.
If a Juftice of Peace, &c. commits a Perfon with-
le-out juft Caufe, it is Falfe Impriſonment: And a Con-
ftable cannot impriſon a Man at his Pleaſure, to
compel him to do any Thing required by Law;
Faldage, (Faldagium) Is a Privilege which feve but is to carry him before a Juftice. Ibid. 1 Leon.
ral Lords anciently referved to themfelves, of fet-327. Where any Juftice fends for a Man, and
to Gaol without any Examina-
ting up Folds for Sheep in any Fields within their commits him
Manors, for the better Manurance of the fame; tion; the Party may have Action of Falfe Impriſon-
and this was ufually done not only with their own, ment againſt him: And if a Juftice of Peace fend a
but their Tenant's Sheep, which they called Secta general Warrant to arrest a Perſon, and fay not for
falde. This Faldage is term'd in fome Places a Fold- what; A&tion lies againſt him, but not against the
Course; and in old Charters Faldfoca, i. e. Libertas Officer. Mich. S Fac. B. R. In Falfe Imprisonment
Faldæ, or Faldagii.
brought againſt an Officer of an inferior Court, if
he juftify an Arreft by Virtue of their Warrant ;
he muft entitle the Court to Jurifdiction, or the
Action lies against him: Marfb, pl. 195. If errone-
ous Procefs iffues out of a Court that hath Jurif-
diction of the Matter, and the Bailiff or Officer
executes it, whereby the Party is imprifoned, the
Officer fhall be excufed in A&tion of Falfe Imprison-
ment: But if the Court out of which the Process
iffues hath no Cognizance of the Caufe, it is other-
wife; for in fuch Cafe the whole Proceeding is Co-
ram non Fudice, and the Officer will not be excu-
Faldæcurfus, A Sheep Walk, or Feed for Sheep.
2 Vent. Rep. 139.
Faldfey, Fald-fee, A Fee or Rent paid by fome
cuftomary Tenants for Liberty to fold their Sheep
upon their own Land.
Faldiltoz, (Sax.) The higheſt Seat of a Bishop,
enclos'd round with a Lettife. Cowel.
Faldworth, A Perfon of Age, that he may be
reckoned of fome Decennary. Du Frefne.
Falere, (Lat. Phaler&) The Tackle and Furniture
of a Cart or Wain. Mon. Angl. Tom. 2. f. 256.
!
fed.
I
FA
}
FA
-
•
}
fed. 10 Rep. 75. An Officer bath a Warrant upon | have a Hand in a wrong Imprisonment, ſhall be
a Capias ad Satisfaciend. against an Earl, or Coun- fued in Action of Falfe Imprisonment; and the Party
tefs, &c. who are privileged in their Perfons, and grieved may fue any one of them for it. i Inft. 57.
he arrests them; 'tis faid Action of Falfe Imprifon- Bro. Trefp. 113, 256. But if the Imprisonment be
ment will not lic against the Officer, becauſe he is by the Agreement and Confent of him that is arreft-
not to examine the Judicial A& of the Court, but ed, it may be juſtifiable. Bro. Faux Impr. 18. If a
to obey. 6 Rep. 56. 10 Rep. 75. Where a Perfon is Man arrefted or apprehended be committed to a
taken and imprifon'd on a Procefs unduly obtain'd, private Priſon, where he fhould be fent to the
Action of Falfe Imprisonment may be brought by the Common Gaol; Action will lie for it, as a Falle
Party imprisoned, against him at whofe Suit he is Imprisonment, 2 Brownl. 41. A Man under Arreſt,
impriſon'd; but not againſt the Officer that exe- or in Stocks, &c. is faid to be in Priſon: And in a
cutes it. 1 Lill. Abr. 595. If an Arreft is made by one common. Arreft, where lawful, the Officer may
who is no legal Officer, it is Falfe Imprisonment, for make any Place his Prifon, becauſe the Writ com-
which Action lies. 1 Inft. 69. An Action of Falfe mands that Habeas Corpus ejus coram, &c. apud Weftm.
Impriſonment lies againſt a Bailiff for arrefting a Per- which is a general Authority. 1 Salk. 401. In cri-
fon without Warrant, tho' he afterwards receives a minal Cafes, where a Man is fally imprifon'd, he
Warrant: And fo it is if he arrest one after the may bring a Habeas Corpus, and upon Return of the
Return of the Writ is paft; for it is then without Writ, fetting forth the Caufe of the Commitment,
Writ. 2 Inft. 53. If a Sheriff or any of his Bailiffs if it appears to be against Law, he fhall be dif
arreft a Man out of his County, &c. or after the charg'd; or he may be bailed, if it be doubtful,
Sheriff is diſcharged of his Office; or a Perfon arc. 4 Inft. 182.
refts one on a Juftice's Warrant after his Commif- Falle Judgment. (Falfum Judicium) Is a Writ
fion is determined, &c. it will be Falfe Imprisonment. that lieth where Falfe Fudgment is given in the
Dyer 41. And if the Sheriff, after he hath arrested County-Court, Court Baron, or other Courts not of
a Man lawfully, when a legal Difcharge comes to Record. F. N. B. 17, 18. This Writ may be brought
him, as a Superfedeas, or the like, do not then dif- on a Judgment in a Plea, Real or Perfonal: And
charge the Party, he may be fued in this Action. for Errors in the Proceedings of inferior Courts;
2 R. 1. 12. Fitzh. 253. In Cafe the Plaintiff in a or where they proceed without having Jurifdi&tion,
Suit brings an unlawful Warrant to a Sheriff and Writ of Falfe Fudgment lieth: Though the Plaintiff
fhews him the Defendant, requiring him to make affign Errors in a Writ of Falfe Fudgment, he shall
the Arreft; or if he bring a good Warrant, and di- not fay, In hoc Erratum eft, &c. but unde queritur di-
rect the Sheriff to a wrong Man, &c. for this the verfimodo fibi Falfum Judicium factum fufe, Fudi-
Action of Falfe Imprisonment will lie against both. cium in hoc, &c. Moor 73. 2 Nelf. Abr. 829.
Bro. Trefp. 99 307. Faux Impr. 19. 1 Brownl. 211. Writ of Falfe Judgment abate for any Fault in the
If a Warrant be granted to arreft or apprehend a Writ, the Plaintiff fhall not have a Sire facias ad
Perfon, where there are feveral of the Name, and audiend. Errores upon the Record certified; becaufe
the Bailiff or other Officer arrests a wong Perfon, it comes without an Original; but if the Plaintiff
he is liable to Action of Falſe Imprisonment; and he dies, and falle Judgment is given in the inferior
is to take Notice of the right Party at his Peril. Court, his Heir fhall have a Sci. fac. ad audiend.
Lýer 244. Moor 457. A Man arrested of a Sunday Error. against him who recovered upon that Re-
may bring his Action of False Imprisonment; but one cord, which is removed into C. B. And where the
has been refuſed to be releafed in fuch a Cafe. Plaintiff in a Writ of False Fudgment is Nonfuit, it
5 Mod. 95. When a Perfon is kept longer in Hold was formerly a Queftion, whether the other Parry
than he ought, tho' he was at firft lawfully impri- fhall fuc Execution upon this Record fo removed
foned, it is Falfe Imprisonment: If a Bailiff demand against the Plaintiff, without fuing out a Scire fa
more than his juft Fees, when offer'd him, and cias; but it has been adjudged, that he may do it.
keep a Perfon in Cuftody thereupon, it is Falfe Im-Hill. 23 Hen. 6. New Nat. Br. 39. When a Record
prifonment, and punishable: And if a Sheriff, or is removed into B. R. by Writ of Falfe Judgment,
Gaoler, keeps a Prifoner in Gaol, after his Acquit- if the Party alledges Variance between the Re-
tal, for any Thing except for Fees, it is unlawful cord removed, and that on which Judgment was
Impriſonment. 2 Inft. 482. Wood 16. If a Man falfly given, the Trial fhall be by those who were prefent
impriſons A. B. and the Gaoler detains him till in Court when the Record was made up. 2 Lutw.
he pays fo much Money, he fhall have Action of 957. Stat. 1 Ed. 3. cap. 4. A Man fhall not have
Falfe Impriſonment, and taking fo much Money from a Writ of False Fudgment but in a Court where
him, againſt ſuch Perfon: And it is illegal to uſe athere are Suitors; for if there be no Suitors, there
lawful Means for Oppreffion. Mod. Caf. 179. Un-the Record cannot be certified by them. New Nat.
lawful or False Imprisonment is fometimes called Du
A Tenant at Will, according to the Cu-
4
:
Br. 40.
If
ress of Imprisonment, where one is wrongfully im-tom of the Manor, which is Tenant by Copy of
prifoned till he feals a Bond, &c. 2 Inft. 482. Falfe Court Roll, fhall not have a Writ of Falfe Judg.
Imprisonment lies when one is imprifon'd, where by ment upon a Judgment given against him: But
no Statute or Common Law a Man is to fuffer In-where Falfe Judgment is given on a Writ of Fufi-
prifonment. Bro. Impr. 7. So that if a Perfon bind
himself to pay Money; and if he do not pay it,
that the other hall imprifon him; if he pays it
not, and the other doth imprifon him, it is Falfe
Impriſonment. 23 E. 3.3. And where a Man owes
ne Money, or hath done any Trespass, &c. and I
impriſon him for it, without Order of Law, he
may bring Falfe Imprisonment against me. F. N. B.
88. An Imprifonment will be unlawful, and give
this A&tion, altho' the Cauſe be good, when he that
makes it doth the fame without any Colour of Au-
thority; or if he has a Colour, yet no good Au-
thority, from the Court, &c. or where a Court or
Officer hath Power, but do not well make it out;
or when the Authority is well made forth, and not
rightly purfued and executed. 4 Rep. 64 8 Rep. 67.
And all Perfons Male or Female, that
cies, directed to the Sheriff, the Parry grieved fhall
have a Faux Fudgment, altho' the Judgment be for
Debt, or Trefpafs above the Sum of 40 s. Ibid.
Where a Record of a Judgment in the County-
Court was vicious, and the Judgment reverfed in C. B.
the Suitors were ordered to be amerced a Mark,
and the County Clerk fined 51. And if a Plaintiff
in an Inferior Court declare for more than 40s.
Judgment fhall be reverfed by Writ of Falfe Fudg-
ment: But where Damages are laid under that
Sum, Cofts may make it amount to more.
1 Mod.
249. 2 Mod. 102, 206. Upon Falfe Judgment before
Bailiffs, or others who hold Plea by Prefcription,
in every Sum in Debt by Bill before them, a Party
fhall not have a Writ of False Fudgment; but a Writ
of Error thereupon. M. 4 E. 4. For Defaults of
Tenants for Life, in Writs of Right, &c. Faux
4 I
Fudg
FA
FA
O
1
Fudgment lies by him in Reverfion: And this Writ
may be brought against a Stranger to the Judgment,
if he be Tenant of the Land. A Judgment fhall be
intended good till reverfed by. Writ of Falfe Judg
ment, &c. Sce Accedas ad Curiam, and Attaint.
G
+
Form of a Writ of Falfe Judgment.
EORGE the Secord, &c. To the Sheriff of S.
Greeting: If A. B. hall make you fecure in pro
fecuting his Suit, then in your full County Court do you
cauſe to be recorded the Plea, which is in the faid Court,
without our Writ, between C. D. and the faid A. B. in
a certain Trespass on the Cafe, to the faid C. by the faid
A. done, &c. whereof the faid A. complains that Falle
Judgment is done kim in the fame Court: And that
Record have before our Justices at Westminster, the Day,
&c. under your Seal, and the Seals of four legal Men of
the faid Court, that were prefent at the making of the
faid Record; and fummon by good Summoners the faid C.
that he be then there to hear that Record, and have you
there the Summoners, &c. and this Writ. Witness,
Exc..
1:
Falle Latin, Before the late Statute for turn-
ing Law Proceedings into Engl fh, if a Latin Word
was fignificant, though not goud Latin, yet an In-
diament, Declaration, or Fine, fhould not be made
void by it: But if the Word was not Latin, nor al
lowed by the Law, and it were in a material Point,
it made the whole vicious. 5 Rep. 121. 2 Nelf. S30.
Vide Latin.
Falle Tokens, As where Perfons get Money or
Goods into their Hands, by forged Letters, or other
counterfeit Means, is punishable by Imprifonment,
c.. by Star. 33 H. 8. c. 1. Sec Counterfeits.
C
Falfify, Seems to fignify as much as to prove a
Thing to be falfe. Perk. 383.
•
1
(pleaded in Bar to the Affife brought by the Infant;
who fet forth all this Matter in his Replication,
and that the Demandant at the Time of the fecond
Writ brought was Tenant of the Land, and prayed
that he might falfify this Recovery; and it was held
that he might, because he could not have Writ of
Error, or Attaint. Godb. 271. 2 Crò, 264. It has
been determined, that a Recovery is not fo firm, but
in may be falfified in Point of Reqvery of the Thing
itself, between the fame Parties. Ibid.
Fallifying a Merdit. Where in any Real Ac-
tion, there is a Verdict against Tenant in Tail, the
Iffue can never falfify fuch Verdict in the Point di
re&tly tried; but only in a special Manner, as by
faying that fome Evidence was omitted, &c. 2 Ld
Raym 1050.
1
Fallonarius, A Forger Et quod Fallonarios
Chartam, &c. detègent. Hoveden 4240 Re
*
\
1
Fallo returno Brevium, Is a Writ that lieth af
gaint the Sheriff who hath Execution of Procefs,
for falfe Returning of Writs. Reg Fud 43. fuade
Familia, Signifies all the Servants belonging to
a particular Mafter; but in another Senfe, it is
taken for a Portion ef Land, ſufficient to maintain
one Family: It is fometimes mentioned by our
Writers to be a Hide of Land, which is alfo called a
Manfe; and fonetimes Carucnta or a Plough-land.
Blorent.
4
事
​Fanaticks, Are Perfons pretending to be infpi-
red, and being a general Name for Quakers, Ana
baptifts, and all other Sectaries, and factious Diſſen
ters from the Church of England. Stat. 13 Car. 2.
cap. 6.
Fanatio, (Menfis Fanationis) Is the Fawning Sea
fon, or Fence Month in Forests: Kennet's Gloff.
Faranonian, (Sax.) A Fraveller or Merchant
Stranger, to whom by the Laws of Scotland Justice
ought to be done with all Expedition, that his Bu-
finefs or Journey be not hindered. Skene, c. 140.
Fardel of Land, (Fardella Terra) Is generally.
accounted the Fourth Part of a Fard Land; but
according to Ney, (in his Compleat Lawyer, p. 57:)
it is an eighth Part only, for there he fays that two
Fardels of Land make a Nook, and four Nooks a Yard-
Falifying a Becozd, A Perfon that purchaſes
Land of another, who is afterwards outlawed of
Felony, &c. may falfify the Record, not only as to
the Time wherein the Felony is fuppofed to have
been committed, but alfo as to the Point of the
Offence: But where a Man is found guilty by Ver-Land.
dict, a Purchaſer cannot falfify as to the Offence; Farding deal, Quadrantata Terra) Is the fourth
though he may for the Time, where the Party is Part of an Acre: And befides Quadrantata Terre,
found guilty generally in the Indictment, c. be- we read of Obolata, Denariata, Solidata, and Librata
cauſe the Time is not material upon Evidence. 2 Terre, which probably ariſe in Proportion of Quan-
Hawk. P. C. 456. And any Fudgment given by Per-tity from the Farding-deal, as án Halfpenny, Penny,"
fons who had no good Commiffion to proceed a-Shilling, or Pound in Money, rife in Value; andi
gainst the Perfon condemned, may be falfified by then. muft Obolata be half an Acre, Denariata an A-
fhewing the Special Matter, without Writ of Ercre, Solidata twelve Acres, and Librata Terra twelve
ror. Ibid. Alfo where a Man is attainted of Trea- Score Acres of Land: But fome hold Obolata to:
fon or Felony, if he be afterwards pardoned by be but half a Perch, and Denariata a Perch; and
Parliament, the Attainder may be falfified, by him I find Viginti Libratas Terra vel redditus, Reg. Orig.
or his Heir, without Plea. Ibid.
94, 248. whereby it ſeems that Librata Terra is fo
much as yields 20s. per Annum. F. N. B. 87. Spelm.
Gloff.
Fallifying a Becovery. Iffue in Tail may falfify
a Recovery fuffered by Tenant for Life, &c. And
it has been held, that a Perfon may falfify a Reco
very had by the Iffue in Tail, where an Eltate-trail
is bound before by a Fine. 2 Nelf. Abr. 831. But
where there was Tenant for Life, Remainder in
Tail, and Reverfion in Fee, Tenant for Life fuf
fered a common Recovery, in which he in Remain-
der was vouched, and the Ufes were declared to
him, who had the Remainder in Tail; it was ad
judged, that by the Recovery all Remainders and
Reverfions were barred, and that they could not
falfify this Recovery. 10 Rep. 43. He in Reverfion
fuffered a common Recovery, and declared the
Ufes; his Heir fhall not falfify it by pleading that
his Father had nothing at the Time of the Recove-
ry, becauſe he is eftopped to fay he is not Tenant'
to the Precipe. Godb. 189. An Infant brought an
Affile in B. R. Perding which Action the Tenant
brought an Affife against the Infant in C. B. for the
ame Land, and had Judgment by Default, which he
1
·
Fare, (Sax.) A Voyage or Paffage by Water;
but more commonly the Money paid for fuch Paf
fage, in which Senfe we now ule it.3 P. & M.
cap. 16.
- Et
Farinagium, Toll of Meal or Flower.
quod de catero Molendinarius non capiat Farinagium, &c.
Ordin. Inful. de Jerfey 17 Edw. 2.
Farleu, Is Money paid by Tenants in the Weft
of England in Lieu of a Heriot: And in fome Manors
in Devonshire, Farleu is diftinguiſhed to be the beft
Goods; as Heriot is the belt Beaſt, payable at the
Death of a Tenant. Cowel.
Farlingarii, Are Whoremongers and Adulterers.
Sax.
脊
​Farm, or Ferm, (Lat. Firma, from the Sax. Feorm,
i. c. Food, and Feormian to feed or yield Vi&uals;
Signifies a large Meffuage and Land, taken by
Leafe under a certain yearly Rent, payable by the
Tenant; and in former Days, about the Time of
Willian
{
I
C
1
2
FE
FE
1
A
William the First, called the Conqueror, theſe Fealty, (Fidelitas, Fr. Feaulte, i. e. Fides) Signifies
Rents were reſerved to the Lords in Victuals and an Oath taken at the Admittance of every Tenant,
other Neceffaries arifing from the Land; but after- to be true to the Lord of whom he holds his Land:
wards in the Reign of King Hen. 1. were altered And he that holds Lands by the Oath of Fealty, has
and converted into Money. Terms de Ley. A Farm it in the freeft Manner; becauſe 'all Perfons that
is moft properly the chief Meffuage in a Village; have Fee, hold per Fidem and fiduciam, that is, by
and it is a colle&tive Word, confifting of divers Fealty at the leaft. Smith de Repub. Angl. lib. 3. cap. 8.
Things gathered into one, as a Meffuage, Land, This Fealty, which is ufed in other Nations, as well
Meadow, Pafture, Wood, Common, &c. Locare ad as England, at the firft Creation of it bound the Te
Firmam is fometimes taken for as much as to let nant to Fidelity; the Breach whereof was the Lofs of
or fet to Farm; and the Reafon of it may be in his Fee. It is ufually mentioned with Homage, but
Respect of the firm or fure Hold the Tenants differs from it; being an Obligation permanent,
thereof have above Tenants at Will. A Farm in which binds for ever: And theſe differ in the Man-
Lancashire is called Ferm-bolt; in the North a Tack,ner of the Solemnity; for the Oath of Homage is ta-
and in Effex a Wike: And Ferm is taken in various
Ways. Plowd. 195.
:
ken by the Tenant kneeling; but that of Fealty
is taken ftanding, and includes the fix following
Farmer, Is he that tenants a Farm, or is Leffee Things, viz. 1. Incolume, that he do no bodily Injury
thereof. Terms de Ley. And 'tis faid generally eve- to the Lord. 2. Tutum, that he do no fecret Damage
ry Leffee for Life or Years, although it be but of to him in his Houfe, or any Thing which is for his
a final) Houſe and Land, is called Farmer, as he is Defence. 3. Honeftum, that he do him no Injury in
that occupieth the Farm: As this Word implies no his Reputation. 4. Utile, that he do no Damage to
Myftery, except it be that of Husbandry, Husband-him in his Poffeffions. 5. Facile; and, 6. Poffibile,
man is the proper Addition of a Farmer. 2 Hawk. that he render it eafy for the Lord to do any Good,
188. By Statute, no Parfon or Spiritual Perfon and not make that impoffible to be done, which was
may take Farms or Leafes of Land, on Pain of for-
feiting 101. per Month, &c. 21 Hen. 8. c. 13. And
no Perfon whatfoever fhall take above two Farms
together, and they to be in the fame Parish, under
the Penalty of 3 s. 4 d. a Week. 25 Hen. 8.
35.
Farthing, Was the fourth Part of a Saxon Penny,
as it is now of the English Penny.
you
before in his Power to do: All which is comprised
in Leg. Hen. 1. c.5. Fealty has likewife been divi-
ded into General and Special; General, to be per-
formed by every Subject to his Prince; and Special,
required only of fuch as in refpect of their Fee, are
tied by Oath to their Lords. Grand Cuftum. Nor
mand. Fealty Special is with us performed either by
Farthing of Gold, (Quafi fourth Thing) A Coin Freemen, or by Villeins. The Particulars of the
ufed in ancient Times, containing in Value the Oath of Fealty, as it is ufed by the Feudifts, is well
fourth Part of a Noble. It is mentioned in the Stat. expreffed by Zafius, in his Tractat. de Feudis, Part 7.
9 H. 5. c. 7. where it is ordained, that there fhall be Numb. 15, 16. which is worthy comparing with the
good and juft Weight of the Noble, Half- Noble, and uſual Oath taken here in England. By Stat. 17 Ed.
Farthing of Gold, &c.
2. the Form of this Oath is appointed, and as now
Farthing of Land, Seems to differ from Farding-obferved, it runs as follows, viz. I A. B. will be to you
deal; for it is a large Quantity of Land: In a Sur-my Lord C. True and Faithful, and bear to
Fealty
vey Book of the Manor of Weft Slapton in Com. De and Faith for the Lands and Tenements which I hold of
von. is entered thus: A. B. holds fix Farthings of you: And I will truly do and perform the Customs and
Land at 1261, per Annum.
Services that I ought to do to you. So help me God. The
Oath is adminiftred by the Lord or his Steward;
the Tenant holding his right Hand upon the Book,
and repeating after the Lord, &c. the Words of the
Falt-Days, Are Days of Fafting and Humiliation, Oath; and then kifling the Book. Terms de Ley.
appointed to be obferved by publick Authority. This Oath is in fome Manors neglected; but in Co-
There are fixed Days of Fafting enjoined by our pyhold Manors, where Courts are kept, and Copy-
Church, at certain Times in the Year, mentioned hold Eftates granted, it is generally ufed: Leffces
in ancient Statutes, particularly the 2&3 Ed. 6. for Life, or Years, ought to do Fealty to their Lords,
c. 19. and 5 Eliz. c. 5. And by 12 Car. 2. c. 14. the for the Lands they hold; and there can be no Te-
30th of January is ordained to be a Day of Fafting nure without fome Service. Wood's Inft. 183. But a
and Repentance, for the Murder of King Charles I.bare Tenant at Will, fhall not do Tealty, because he
Other Days of Fafting which are not fixed, are occa- hath no certain Eftate; and the Matter of an Oath
fionally appointed by the King's Proclamation. Tho' ought to be certain. Lit. 131, 132. 1 Inft. 93. Fealty
Abftinence from Eating of Flesh is required onis incident to all manner of Tenures, except Frank-
thofe Days, by our Laws; it is made penal to affirm almoign and Tenancy at Will. Ibid. Fidelitas eft Fi-
that any Forbearing of Flefh, is neceffary to Salva-dei, obfequii & fervitii ligamen, quo particulariter Vaffa-
tion. 1 Hawk. P. C. S. See Embring Days.
·lus Domino aftringitur. Spelm.
Faltermans, Among the Saxons were Pledges.
Leg. Ed Confeff. cap.. 38. Vide Faftingmen.
Farundel of Land, the fame with Farding-deal.
Fallus, (Fr. Faiffeau) A Faggot of Wood. Mon.
Ang. Tom. 2. p. 238.
•
•
+
Fealis, Anniversary Times of Feafting and Thankf
giving, as Christmas, Eafter, Whitfontide, &c. The
four Feafts which our Laws efpecially take Notice
of, are the Feasts of the Annunciation of the Bleſſed
Virgin Mary, of the Nativity of St. John the Baptiſt,
of St. Michael the Archangel, and of St. Thomas the A-
poftle; on which Quarterly Days, Rent on Leaſes is
utually referved to be paid. See the Stat. 5 .6
Fat, or date, Is a large wooden Veffel ufed by
Maltfters and Brewers, for meafuring of Malt with
Expedition, containing eight Bushels or a Quarter.
Stat. 1 H. 5. c. 10. and 11 H. 6. c. 8. It is alfo a
leaden Veffel, or Pan, made ufe of by Brewers to
run their Wort into, and by others for the making
of Salt at Droitwich, in the County of Worcester. Ed. 6 3 Fac. 1. c. I. 12 Car. 2. c. 30.
Fatua mulier, A Whore. Cum quadam Fatua muliere Fees of Attornies and Officers, Are Confiderations
Nurus in Lecto cum nuda extitit deprehenfus. Du Frefne. paid and allowed them as a Reward and Recom-
Fauletum, A Faucet, Mufical Pipe, or Flute.pence for their Pains and Labour; and in refpect
Organum & decentum Fauletum in divino Officioto Officers, they are granted over and above their
omnibus noftris, &c. interdicimus.
Fautos, Are Favourers or Supporters of others;
Abettors of Crimes, &c.
Feal, The Tenants by Knight Service did ſwear
to their Lords to be Feal and Leal, i. e. to be Faith-
ful and Loyal. Spel. de Parliament 59.
Salaries, to excite them to Diligence in executing
their Offices. They differ from Wages which are
paid to Servants for certain Work and Labour done
in a certain Space; whereas Fees are disburied, to
Officers, &c. for the tranſacting of Bufines which
occaſionally occurs. If a Client, when his Bufineſs
in
FE
FE
!
·
Braît. Lib. 2.
in Court is diſpatched, refufeth to pay the Officer Lordship or Manor, as we fay the Lord of the Fee,
his Court Fees, the Court on Motion will grant an c. as well as the particular Eftate of the Tenant
Attachment against him, on which he fhall be com- And alfo for a perpetual Right Incorporeal; as to have
mitted until the Fees are paid. 1 Lill. Abr. 598. Ee the Keeping of Priſons, &c. in Fee.
clefiaftical Courts have not Power to eltablish Fees: cap. 5 Old Nat. Br 41. And when a Rent or An-
But if a Perſon bring a Quantum Meruit in B. R. &c.nuity is granted to one and his Heirs, it is a Fee Per-
for Fees, and the Jury find for him, then they be fonal. 1 Inft. 1, 2. Fee is commonly divided into Fee
come cftablished Fees. 1 Salk 333. A&tion of the Abfolute, otherwife called Fee Simple; and Fee Condi-
Cafe, lies for an Attorney for his Fees, against him tional, termed otherwife Fee-Tail Fee-Simple (Feo-
that retained him in his Caufe: And Attornies are dum fimplex) is where a Man hath Lands or Tene-
not to be difmiffed by their Clients, till their Fees ments, to hold to him and his Heirs for ever: Fee-
are paid. 1 Lill. 142. But Attornies are not to de-Tail is an Eftate whereof one is feiled with Limita-
mand more than their juft Fees; nor to be allowed tion, to him and the Heirs of his Body, &c. Litt.
Fees to Counfel without Tickets, c. Sat. Jac. 1. 14, 16. All Effates at the Common Law were Fee-
c. 7. An Attorney may have Action of Debt for his Simple; and all other Eftates and Intercfts are de-
Fees, and alfo of Countel, and Cofts of Suit: But a rived out of it, wherefore there must be a Fee-Simple
Solicitor may not bring an Action for Money laid at laft in fome Body. Lit. 647. To have Fee Simple
out in Suits, without exprefs Retainer to lay it out, implies that it is without Limitation to what Heirs,
and Promife to pay it. And as a Counsellor is not but to Heirs generally: Though it may be limited
bound to give Counſel till he has his Fee; tis faid by A&t of Parliament. 4 Inst. 206. It is the Word
he can have no Action for it: Though it has been Heirs makes the Inheritance; and a Man cannot
held otherwife. F. N. B. 121. 1 Brownl. 73. 31 H. have a greater Eftate. Litt. 1. And a Fee Simple
6.9. There were no Fees due to Sheriffs for cxccu may not come after a Fee Simple; nor can a Re-
ting their Offices, till the Stat. 29 Eliz. r. which mainder, it being an abfolute Eftate, fo that nc-
allows them Fees for executing Writs of Execution, thing can come after it. Dyer 33. If one give or
c. By the Stat. of Weftm. 2. 13. Ed. 1. c. 42 grant Lands to F. S and his Heirs; and if he die
44. the ancient Fees of Officers of Courts of Juftice without Heirs, that F. D. fhall have it to him and
were ordained: And by Statutes, not only the Fees his Heirs: By this 7. S. hath a Fec-Simple, and J. D.
Where Land is
of Sheriffs, but of Gaolers, Bailiffs, &c. are limited. will have no Eftate. Dyer 4, 33:
See Extortion. In an Action of falfe Impriſonment, given or granted by Fine, Deed, or Will, in Pof-
it has been adjudg'd that a Bailiff cannot detain a feffion, Reve: fion, or Remainder, to another and
Perfon arrested for his Fees. 1 Ld.: Raym. 4.
his Heirs; it will be a Fee fimple. Plowd 134. And
Fee-Eltate, (Féodum, or Feudum) Fee, comes of if Land be granted to a Man and his Heirs, Haben-
the French Fief, j. c. Pradium beneficiarium, vel res dum to him for Life only, and Livery of Seifin is
clientelaris, or from the Sax. Feb, viz. Merces, Stipen- made; it is a Fee-Simple Eftate becauſe a Fee is ex-
2 Rep 23. A Leafe granted
dium, quafi dicitur ftatus Beneficiarius; it is faid to preffed in the Grant.
be that Ettate which we hold by the Benefit of an- to one for a Term of Years, and after that the
other, and for which we do Service or pay Rent to Leffee fhall have the Land to him and his Heirs, by
the chief Lord; and is applied to all thofe Lands the Rent of 10l. a Year; if the Grantor makes
and Tenements which are held by perpetual Right, Livery upon it, 'tis a Fee Simple: Otherwife but for
by an Acknowledgment of any Superiority to a Years. Inft. 217. Where Lands are granted to A
higher Lord. The Writers on this Subject, divide for Life, Remainder to B. for Life, the Remain-
all Lands wherein a Man hath a perpetual Eftate der to the right Heirs of A. here A. hath a Fee-
A Gift or
to him and his Heirs, in o Allodium and Feudum: Simple. 20 Hen. 6 35. Bro. Eft 34, 35.
Allodium they define to be every Man's Land, c. Grant is to a Man's Wife during Life, after to him
which he poffeffeth merely in his own Right, with-in Tail, and after to his right Heirs; he will have
out Acknowledgment of Service or Payment of any a Fee-Simple Eftate. 2 Rep. 91. If Lands are granted
Rent to another; and this is a Property in the to a Man and his Succeffors, this creates no Fee-
higheſt Degree: But Feudum is fuch Land as is held Simple: But if fuch a Grant be made to a Corpora-
of ano: her, for which Service is done or Rent is tion, it is a Fee-Simple; and in Cafe of a folé Cor-
paid, as an Acknowledgment thereof. All the poration, as a Bishop, Parfon, &c. a Fee-Simple is
An Eſtate
Land in England, except the Crown-Lands in the to them and their Succeffors. Wood 119.
King's own Hands in Right of his Crown, are in is granted to a Perfon, to hold to him for ever, or
the Nature of Feudum, or Fee; for though many to him and his Affigns for ever, is only an Estate
have Lands by Difcent from their Ancestors, and for Life; the Word Heirs being wanting to make it
others have bought Land, it cannot come to any ei- Fee-Simple: But in Wills, which are more favoured
ther by Difcent or Purchaſe, but with the Burden than Grants, the Fee-Simple and Inheritance may
that was laid upon him who had Novel Fee, or firft pafs without the Word Heirs.. 1 Inft. 19. 9. And by
of all received it from his Lord; fo that there is no Deed of Feoffment a Fee-Simple may be created,
Perfon hath Directum Dominium, i. e. the very Pro- which would be an Estate Tail by Will; as where
perty or Demain in any Land but the King, in Lands are given to another, and his Heirs Male,
Right of his Crown: And notwithstanding he thatc. without the Word Boy. Hob 32. A Gift to a
hath Fee, hath jus perpetuum & utile Dominium, yet Man and his Children, and their Heirs, is a Fee-
he owes a Duty for it, and therefore it is not fim-Simple to all that are living; tho' if Land is given
ply his own; and he that can fay most of his E-to a Man and his Heir, in the fingular Number, it
fate, faith thus: I am fe fed of this or that Land or is but an Estate for Life; and the Heir cannot take
Tenement, in my Demain, as of Fec; feifitus inde in by Difcent, he being but one, and therefore it is
Dominico meo ut de Feodo, which is as much as if he faid fhall take nothing. 1 Inft. 8 Litt. Rep. 6.
faid, it is my Demain or proper Land to me and Fee Simple determinable upon a Contingency, is a
my Heirs for ever; but yet I hold it in Nature of Fee to all Intents; though not fo durable as abfo-
a Benefit of and from another. Camb. Britan. 93. late Fee. Vaugh. 273. In pleading Eltaics in Fee-
All that write de Feudis, hold that Feudatarius hath Simple; they may be generally alledged, but the
not an entire Property in his Fee: And as Fee can- Commencement of Elta es-Tail, and other particu-
1 Inft. 303.
not be without Fealty, fworn to a Superior, the lar Eftates, must regularly be fhewed.
Lands of the Crown are not properly Fee; for no The Fee-Simple Eftate, being the chief and most
Man, may grant that our King or Crown oweth excellent; therefore he who hath it in Lands or
Fealty to any Superior on Earth. The Word Fee Tenements, may give, grant, or charge the fame
fometimes uled for the Compass or Circuit of a by Deed "or Will at his Pleafure; or he may make
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Wafte
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1
4
Waſte or Spoil upon it: And if he bind himſelf
and his Heirs to Warranty; or for Money by Obli-
gation, or otherwife; and leaving fuch Land to the
Heir, it fhall be charged with the Warranty and
Debts: Alfo the Wife of a Man that is feifed of fuch
an Eftate, fhall be endowed; and the Husband of a
Woman having this Eftate, be Tenant by the Cur-
tely, Co. Lit. 273. Dyer 330. Perk. Sect. 236. Tho'
Fee-Simple is the moff ample Eftate of Inheritance,
it is fubject to many Incumbrances; as Judgments,
Statutes, Mortgages, Fines, Join ures, Dower, &c.
And there is a Fee Simple Conditional, where the E-
ftate is defeasible by not performing the Condition;
and a Qualified Fee-Simple, which may be defeated
by a Limitation, &c. This is called a Bafe Fee, upon
which no Reverfion or Remainder can be expectant.
1 Inft. 18. 10 Rep. 97. See Difcent, Executory Devife,
Wills.
*
Fee Expectant, (Feudum Expectativum.) See
pectant.
Fele Homagers, Were faithful Subjects from the
Sax. Fai, i. e. Fides.
Felo de fe, One that commits Felony or lays vio-
lent Hands upon himſelf, and is the Occaſion of his
own untimely Death. When a Perſon with Delibera-
tion and direct Purpofe kills himself, by Hanging,
Drowning, Shooting, Stabbing, &c. this is Felo de fe;
but the Perfon that commits this Felony, muft be of
the Age of Difcretion, and Compos Mentis: And there-
fore if an Infant under fourteen Years of Age, or a
Lunatick during his Lunacy, or one diftracted by a
Difcafe, or an Ideot, kills himself, it is not Felony.
3 Inft. 54. Dalt. ch. 145. Alfo if a Perfon during the
Time that he is Non Compos Mentis giveth himſelf a
morral Wound, tho' he dieth thereof when he reco-
vers his Memory; he is not Felo de fe, becauſe at the
Time of the Stroke he was not Compos Mentis. Dalt.
342, 344. And he who defires and perfuades another
Ex-Man to kill him, is not a Felo de fe; his Affent being
void in Law, and the Perfon killing him a Murderer.
Kelw. 136. It is Felo de fe where a Man malicioufly
attempts to kill another, and falls upon his Sword,
c. whereby he kills himself; but he must be the
only Agent. 1 H. P. C. 68. A Felo de fe fhall forfeit
all his Goods and Chattels Real and Perfonal; but
not until it is lawfully found by the Oath of twelve
Men, before the Coroner fuper vifum Corporis, that he
is Felo de fe. 3 Inft. 55. By the Return of the Inqui-
fition, the Goods, c. are vefted in the King: Tho'
it hath been faid, that Goods of a Felo de fe are
forfeited before Inquifition, viz. immediately upon
committing the Fa&t. I Lev. 8. But fee 5 Rep. 110.
where it is adjudged that they are not forfeited 'till
it is found of Record. The Lands of Inheritance
of a Felo de fe are not forfeited, by Reafon he was
not attainted in his Life-time; nor is fach a Per-
fon's Wife barred of Dower, or his Blood corrupt-
ed. 1 Hawk. 68. If a Judgment
If a Judgment is obtained by a
Plaintiff in any Action, and the Plaintiff hangs
himself, fo as to become Felo de fe, the Debt is for-
feited to the King. 1 Saund. 36. 2 Nelf. Abr. 840.
Goods are forfeited to the King by a Felo de fe, for
the Lofs of a Subje&t, and Breach of the Peace.
Fee-Farm, (Feudi Firma) Is when the Lord upon
Creation of the Tenancy, referves to himself and
his Heirs, either the Rent for which it was before
let to Farm, or was reaſonably worth, or at least a
fourth Part of the Value; without Homage, Fealty
or other Services, beyond what are especially com-
prifed in the Feoffment. 2 Inft. 44. By Fitzherbert,
a third Part of the yearly Value of the Land may
be appointed for the Rent, where Lands are granted
in Fee-Farm, &c. F. N. B. 210. And my Lord Coke
fays, Fee Farm Rents may be one Half, a Third,
or fourth Part of the Value. Co. Lit. 143. Though
thefe Fee-Farm Rents feem to be more or less ac
cording to the Conditions or Confideration of the
Purchaſe of the Lands out of which they are if
fuing. It is the Nature of Fee Farm, that if the
Rent be behind and unpaid for the Space of two
Years, then the Feoffor or his Heirs may bring an
Action to recover the Lands, &c. Brit. cap. 66.
num. 4.
Plowd 261. But thefe Forfeitures are oftentimes
faved, by the Coroner's Jury finding their Verdict
Lunacy; to which they are inclinable on a favour-
Fee-Farm Bents of the Crown. The Fee-Farm
Rents remaining to the Kings of England from their
Ancient Demefnes, were many of them alienated from
the Crown in the Reign of King Charles 2. And by
Stat. 22 Car. 2. c. 6. the King was enabled by Let-
ters Patent to grant Fee Farm Rents due in Right
of his Crown, or in Right of his Dutchies of Lan-able Interpretation, that it is impoffible for a Man
cafter and Cornwal, except Quit-Rents, &c. to
Truſtees to make Sale thereof, and the Trustees
were to convey the fame by Bargain and Sale to
Purchafers, &c. who may recover the fame as the
King might. But it has been obferved, that Men
were fo very doubtful of the Title to Alienations
of this Nature, that whilſt theſe Rents were expofed
to Sale for ready Money, fcarce any would deal
for them, and they remained unfold; 'till what
made Men carneft to buy them, was the Stop
upon fome of his Majefty's other Payments, which
occafioned Perfons to refort to this as the most
eligible in that Conjun&ture: No Tenant in Tail of
any of the faid Rents, is enabled to bar the Re-
mainder. 22 & 23 Çar. 2. cap. 24. On the Taxing
21 Ep
of Fee-Farm Rents, Receivers, c. were to allow
to the Perfons paying them fo much in the Pound
as the Land-Tax amounts to. Stat. 9 & 10 W. 3.
c. 18.
Felagus, (Quafi fide cum eo ligatus) A Companion
but particularly a Friend, who was bound in the
Decennary for the good Behaviour of another. In
the Laws of King Ina, it is faid, if a Murderer
could not be found, &c. the Parents of the Perfon
flain fhould have fix Marks, and the King forty; if
he. had no Parents, then the Lord fhould have it.
Et fi Dominus non haberet, Felagus ejus. LL. Inæ,
cap. 15.
Feld, Is a Saxon Word, fignifying Field; and in
its Compound it fignifies Wild, as Feld-Honey, is
Wild Honey, &c. Blount.
in his Senfes to do a Thing fo contrary to Nature;
but if this Argument be good, Self-Murder can be
no Crime, becaufe a Madman cannot be guilty of
any Crime. 1 Hawk. 67. If a Perfon Felo de fe is
fecretly made away with, that the Coroner cannot
view the Body; Prefentment is to be made of it by
Juftices of Peace, &c. to entitle the King to the
Forfeiture of Goods. 5 Rep. 110. Where a Perfon
is found Felo de fe, who on Account of Lunacy, &c.
ought not to be fo; or where one is returned Non
Compos, when in Truth the Party is Felo de fe, &c. if
there be no Fault in the Coroner, or Incertainty in
the Inquifition, a Melius Inquirendum will not be
granted; but the Inquifition is traverſable in B. R.
3 Mod. 238. 2 Nelf. Abr. 840. Although there can
be no Melius Inquirend. 'tis faid the Court may order
an Indictment to be against the Felo de fe; and if that
be found, his Goods fhall be forfeited. 1 Lill Abr.
601. A Pardon of Murder, doth not pardon Felo de
fe; but a Pardon of all Felonies and Forfeitures
doth. By Cuftom and Pra&ice, the Bodics of Felo's
de fe's are buried in the Highway, &c.
Felons Goods. The Statute de Prerogativa Regis,
17 Ed. 2. c. 1. grants to the King, among other
Things the Goods of Felons and Fugitives.
If the
King grant to a Man and his Heirs Felons Goods, the
Grantee cannot deviſe them, &c. on the Statute 32
H. S. because they are not of an yearly Value; but
where a Perlon is feifed of a Manor, to which they
are appendant, it is therwife, for, they will pafs as
appurtenant. 3 Rep. 32. A Perfon committed to
4 K
Prifon
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Priſon on Sufpicion of Felony, having the Money
taken from him which he had about him before
Conviction, brought.an Action of Trefpafs for fei-
fing his Money, &c. on the Star. 1 R. 3. c. 3. by
which it is enacted, that no Perfon fhall take the
Goods of another, &c. Raym. 414. 2 Nelf. 839. See
Flight.
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Houfe, his Houfe pulled down, and all that he had
for his Comfort or Delight deftroyed. 4 Rẹp. 124.
A Felony by Statute incidently implies, that the Of
fender fhall be fubject to the like Attainder and
Forfeiture, &c. as is incident to a Felen at Common
Law. 3 Inft. 47, 59, 90. And when Perfons are to
undergo Judgment of Life and Member for any
Felony, (Felenia, Fr. Felonnie) As Sir Edward Coke Crime by Starure, it is Felony thereby, whether the
tells us, is derived from the Latin Word Fel, or Word Felony be mentioned or not. 1 Hawk. 107. All
from the old Sax. Fell, one fignifying Gall, and the Felonies are ſeveral, and cannot be joint; fo that a
other Fiery; and his Reafon is, becaule either of Pardon of one Felon, cannot difcharge another:
thefe Words are fuitable to the Crime, which is al-But the Felony of one Man may be dependant upon
ways intended to be done with a bitter or fierce that of another, and the Pardon of the one by a
Mind: But the learned Spelman gives a different neceffary Confequence enure to the Benefit of the
Account of the Derivation of this Word, that it other, as in Cafes of Principal and Acceffary, &c.
comes from the Saxon Word Feah, which fignified a 2 Hawk. P. C. 387, 380. Private Perfons may ar
Reward or Eftate, and the German Lon, which in reft Felons by their own Authority, or by Warrant
English is Price; and this was formerly a Crime pu- from a Juftice of Peace: And every private Perfon
nished with the Price, viz. the Lofs of Eftate. And is bound to affift an Officer to take Felons, c.
before the Reign of K. H. 1. Felonies were punish-2 Hawk. 75. And if a Perfon be brought before a
ed by Pecuniary Fines, for he was the first who or Juftice upon Sufpicion of Felony, where a Felony is
dered Felons to be hanged, about the Year 1108. committed, though it appears on Examination that
The Judgment againſt a Man for Felony hath been the he is not guilty, yet it is faid he is not to be dif
fame fince the Reign of this King, i.e. That he be charged without Trial. Lamb. 229. But one ought
hanged by the Neck till Dead; which is entered not to be arrested upon Sufpicion of Felony, except
fufpendatur per Collum, &c. 4 Inft. 124. Felony was there be probabilis Caufa fhewed for the Ground of
anciently every Capital Crime perpetrated with an the Sufpicion. 1 Lill. Abr. 603. If a Felony is not
evil Intention: All Capital Offences by the Com done by a Man, but fome Perfon elfe, if another
mon Law came generally under the Title of Felony; hath probable Caufe to fufpect he is the Felon, and
and could be expreffed by no Word but Felonice; accordingly doth arreft him, this is lawful, and
which muft of Neceffity be laid in an Indictment of may be juftified: But to make good fuch Juftifica-
Felony. 1 Inft. 391. It is always accompanied with tion, there mult be in Fact a Felony committed by
an evil Intention; and therefore fhall not be im fome Perfon, without which there can be no Ground
puted to any Mifanimadverfion: But the bare In-of Sufpicion. 2 Hale's Hift. P. C. 78. A private Man
tention to commit a Felony is fo very Criminal, that arrefting one for Felony, cannot justify Breaking
at the Common Law it was punishable as Felony, Doors, to take the Party fufpected; but he doth it
where it miffed of its Effect through fome Accident; at his Peril, viz if in Truth he be a Felon, it is
and as our Law now is, the Parry may be feverely juftifiable; but if innocent, then it is not: To pre-
fined for fuch an Intention. 1 Hawk. P. C. 65. Fe-vent a Murder or Manflaughter, private Perions
We may break Doors open. 2 Hale Ibid. S2. Officers
lony is included in High Treafon. H. P. C. 11.
account any Offence Felony, that is in Degree next may break open a Houfe to take a Felon, or any
Petit Treafon; and at this Day Felony includes Petit Perfon joftly fufpe&ted of Felony; and if an Officer
Treafon, Murder, Homicide, Sodomy, Rape, Burn-hath a Warrant to take a Felon, who is killed in re
ing of Houfes, Burglary, Robbery, Breach of Pri-fifting, it is not Felony in the Officer; but if the Of
fon, Refcous and Efcape, after one is imprisoned ficer is killed, it is otherwife. Dalt. 289. Perfons
or arrefted for Felony, &c. It is either by the Com- indicted of Felony, &c. where there are strong Pre-
mon Law, or by Statute: Felony by the Common Law fumptions and Circumftances of Guilt, are not re-
is against the Life of a Man, as Murder, Man-plevifable; but for Larceny, &c, when Perfons are
flaughter, Felo de fe, Se Defendendo, &c. Against a committed who are of good Reputation, they may
Man's Goods, fuch as Larceny, and Robbery: A-be bailed. 2 Hawk. 101. If one be committed to
gainst his Habitation, as Burglary, Arfon or Houfe- Prifon for one Felony, the Juftices of Gaol-Delivery
burning; and against Publick Juftice, as Breach of may try him for another Felony, for which he was
Prifon. 3 Inft. 31. Piracy, Robbery, or Murder not committed, by Virtue of their Commiffion. 1
upon the Sea, are Felonies punishable by the Civil Lill. 602. A Felon refufing to plead, and put him-
Law; and likewife by Statute: And Felonies by Sta-felf upon his Trial, fhall be put to the Penance of
tute are very numerous. Med. Juft. 180. Felony is Paine fort & Dure, &c. If a Felon ftands Mure by
diftinguished from lighter Offences, in that the Pu-the A&t of God, the Felony is to be enquired of by
nifhment of it is Death; but not always, for Petit Jury, and whether the Prifoner be the faune Perfon,
Larceny is Felony, and the Indictment against fuch and all other Matters in the fame Manner as if the
an Offender muft run, Felonie cepit, yet it is not pu- Criminal had pleaded. 2 Hawk. 327. And it may
nifhed by Death, though it be Lofs of Goods: And be enquired of by Inqueft of Office, whether he do
of Felonies in general, there are two Sorts; one io of Malice, or by the Act of God. Ibid. Where
which for the firit Offence is allowed Clergy, and a married Woman commits Felony, in Company with
another that is not; but Clergy is granted where it her Husband, it fhall be prefumed to be done by
is not exprefly taken away by Statute. Staundf. lib. 1. his Command, and fhe fhall be excufed. 3 Inf. 310.
Felony is punished with Lofs of Life, and of Lands, If a Man's Horfe be going into the Ground of ano-
not entailed, Goods and Chattels; but the Statutes ther, and he takes it Felleo Animo, not as Damage.
make a Difference in fome Cafes concerning Lands, Fealant, it is no Finding, but Felony: But if A.'s.
as the 37 H. 8. c. 6. And Felony ordinarily works Sheep ftray into the Flock of B. and he drives the
Corruption of Blood; unless a Statute making an fame along with his Flock, or by Miftake fhears
Offence Felony, ordains it fhall be otherwife, as him, this is not a Felony; though if he knew it to be
fome Statutes do. The Punishment of a Perfon for
Felony, by our ancient Books, is, 1ft, To lofe his
Life. 2dly, To lofe his Blood, as to his Ancestry,
and fo as to have neither Heir nor Pofterity. 3dly,
To lofe his Goods. 4thly, To lofe his Lands; and
the King ſhall have Annum, Diem & Vaftum, to the
Intent that his Wife and Children be caft out of the
4
another Perfon's, and marks it with his Mark, it is
an Evidence of Felony. 1 Hale's Hift. P. C. 5.06.
Where one fteals another's Goods, and a third Per-
fon feloniously takes them from him; he is a Felon
as to both the others. And when there is a Pre-
tence of Title to Things unlawfully taken, it may
be only a Trick to colour Felory; and the ordinary
Discovery
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1
Diſcovery of a felonious Intent is, if the Party to be guilty of Felony, and tranfported. 9 Geo. 2. c.
doth it fecretly, or being charged with the Goods 35. To inroll a Deed in the Name of another, with-
denies it. Ibid. 507, 509. If a Perfon to whom Goods out his Privity or Confent, is Felony. 21 Fac. 1. c.
are delivered on a pretended Buying them, runs a- 26.
26. Where Perfons to the Number of five, affem-
way
with them, it is Felony: And a Gueft flealing ble in a riotous Manner to beat Informers againſt
Plate fet before him at an Inn, &c. is Felony; alfo Distillers felling Spirituous Liquors unlawfully, or to
Perfons who have the Charge of Things, as a Ser-refcue Offenders, &c. it is Felony. 11 Geo. 2. c. 26.
vant of a Chamber, &c. may be guilty of Felony: Perfons any Way affifting Felons in Gaol, or in
And the leaft Removing of a Thing in Attempts of the Cuftody of a Conftable, or conveying to
Felony, is Felony, though it be not carried off. 3 Inft. them Arins or Inftruments, to make their Efcape, is
308. Raym. 27.5. But Goods muft not be of a bafe made Felony and Tranfportation. 16 Geo. 2. c. 31.
Nature; fuch as Dogs, &c. nor Fera Nature, as Putting out of Eyes, &c. of any one, is Felony with-
Deer, Hares, &c. except they be made tame, when our Benefit of Clergy. 22 & 23 Car. 2. c. 1. To ac
it will be Felony to teal them. If any Turkeys, knowledge a Fine of Lands in the Name of another
Geefe, Poultry, Fish in a Trunk, &c. are taken a Perfon, not privy or confenting, is Felony 21. Fac. 1.
way, it is Felony. 3 Inft. 309, 310. Stealing of tame Forging a Deed or Writing to the Intent the Inheri-
Peacocks, is Felony; fo of Herons, and young Hawks tance of Land may be defeated or charged, or the
in their Nefts: Tis otherwife of Pheasants, Par Title troubled, &c. for the fecond Offence, after a
tridge, Conics, &c. although they be fo kept that former Conviction, is made Felony. 5 Eliz. cap. 14.
they cannot escape; if they be not reclaimed, and And forging any Deed, Will, Bond, Note, &c. is Fe-
known. Fenk. Cent. 204. As to Cats, Dogs, Mon lony in all Cafes, by 2 Geo. 2. c. 25. Forging the Seal
keys, and the like; though it be no Felony to take of the Bank of England, or any Bank-Bills; and for-
them, Trefpafs lies for them. Fenk. Ibid.
ging the Common Seal of the South Sea Company, or
Felonies by Statute, Are the following, viz. To em-any Bond of the faid Company, are Felony. 7 S
bezil the King's Armour, Munition, Naval Stores, W. 3. 9 Ann. So is alfo the Forgery of Exchequer
c. to the Value of 20s. is declared to be Felony; Bills, or any Indorſements thereon; and of Lottery-
but not to caufe Corruption of Blood, Sc. And Tickets and Orders, or altering the Number or
the Profecution must be in a Year. 31 Eliz. c. 4. principal Sum of any Order; forging any Warrant
Acknowledging Bail in the Name of another Per- of the South Sea Company, &c. or Letter of Attor-
fon, who is not privy or confenting, is Felony with-ney to transfer Stock, or to receive any Annuity;
our Benefit of Clergy. 21 Fac. 1. c. 26. Officers of Perfonating or Forging the Name of any Proprietor,
the Bank of England, imbezilling Bank Notes, &c. &c. 89 Ann. 3 E 6 S 8 Geo. 1. Forging of
wherewith they are trufted, it is made Felony. 15 Geo. Stamps on Vellum, Paper, . is likewife Felony. to
2. c. 13. Bankrupts not furrendering to be examined, Ann. Forging or Counterfeiting Bills of Exchange,
and not diſcovering their Eftates, or removing or or the Acceptance of any Bill, &c. is Felony. 2 Geo. 2.
embezilling any Money or Effects to the Value of 7 Geo. 2. c. 22. Perfons maliciously cutting Hop-binds
201. were guilty of Felony: And their Goods and E-growing on Poles, are guilty of Felony. 6 Geo 2. c. 37.
ftates to be forfeited and divided to and among the
Creditors. 4 5 Ann. cap. 17. and 5 Geo. I. c. 24
And if Bankrupts do not fürrender themfelves to the
Commiffioners, in forty-two Days after Notice given
in the Gazette, it is Felony, by 5 Geo. 2. c. 30. Stealing
Bills of Exchange, Bonds, or Notes for Money, &c.
is made Felony. 2 Geo. 2. c. 25. Buggery with Man or
Beaft, is Felony without Benefit of Clergy; and the
A&t extends to Women as well as Men. 25 H. 8.
To commit any Offence of Burglary, in ftealing
Goods from a Houfe, Shop, Warehoufe, Coach-Hunting in the Day-time in Forefts, Chafes, c. dif
houfe, &c. to the Value of 5s. though no Body be guifed with pain-ed Faces, and concealing the Fact
therein, is Felony excluded Clergy. 10 11 W. 3. on Examination, is Felony. 1 Hen. 7. If any Perfons
Burning of Barns, Buildings, Stacks of Corn, &c. is having their Faces blacked, armed with Fire-Arms,
made Felony; though it works no Corruption of &c. fall unlawfully hunt, kill or fteal any Deer in
Blood. 22 & 23 Car. 2. Deftroying of Cattle, the any Foreft, fteal any Fish out of a Pond, &c. or
Offenders fhall fuffer as in Cafes of Felony. 22 Car. 2. fhoot at any Perfon; or fend any threatning Letter,
Perfons breaking into Shops to deftrov woollen demanding Money or other valuable: Thing of
Cloth in the Loom, or cutting it on the Rack, &c. another; or kill or wound any Cattle; cut down any
to be guilty of Felony. 12 Geo. 1. 4. Mixing Trees in any Avenue, Garden, &c. they are guilty
blanched Copper with Silver, to make it heavier of Felony without Benefit of Clergy; and if the Of
and refemble Gold Coin; or receiving or paying fenders are not taken, the Hundred fhall make Sa
counterfeit Money, or Coin unlawfully diminished, tisfaction not exceeding 200l. 9 Geo. I. c. 22.
is Felony; but incurs no Corruption of Blood, or Lofs acknowledging or procuring to be acknowledged of
of Dower. 8 & 9 WV. 3. Sec 15 Geo. 2. c. 28. Stealing a Fudgment in the Name of another Perfon, is Fèlo-
of Cloth, on the Rack or Tenters, or any Wool, ny. 21 Fac. 1. Confpiracy or Imagination, though
&c. left out 10 Dry, is adjudg'd Felony, for a third by Words only, to kill the King, or any of the
Offence. 15 Geo. 2. cap. 27. Uling Violence to King's Council, or any Lord of the Realm, &c.
hinder Perſons, or Carriages from carrying Corn within the King's Houfhold is Felony, the Offenders
to be exported, being the fecond Offence, or deſtroy-being thereof convicted by twelve of the faid Houf-
ing it in any Granary, Boat, &c. was made Felony hold before the Lord Steward, &c. 3 Hen. 7. c. 14.
and Transportation, by 11 Geo. 2. c. 22. Perfons, Perfon's tealing Linen, Fuftian or Cotton Goods,
three or more in Number, affembled and armed from Whitening or Bleaching Grounds, Drying.
with Fire-Arms, &c. to be effifting in running, Houles, c. of 10s. Value; and thofe who buy or
landing, or carrying away uncultoned Goods; or
found paffing within five Miles from the Sea-Coafts,
with any Horfes, &c. whereon fhall be more than
fix Pounds of Tea, or five Gallons of Brandy, &c.
landed without Entry, and that obftruct or affault
any Officer of the Customs; or who fhall wound or
beat fuch Officer on board any Ship, or Boat, &c.
་
To deftroy Horfes in the Night-time, is Felony; but
wounding them incurs a Forfeiture of treble Da-
mages only. 22 23 Car. 2. Horfe ftealing is Fe-
lony without Benefit of Clergy. 2 & 3 Ed. 6. MA-
licioufly Burning of Hufes, &c. was made Felony by
22 & 23 Car. 2. And Demolishing of Meeting
Houfes, Dwelling-Houfes, &. is Felony by the At
against Riorers. 1 Geo. 1. Stealing of Lead from
Houles, or Iron Bars or Rails fixed thereto, or to
any Fences, is Felony, by Stat. 4 Geo. 2. c. 32. Perfons
The
receive them, knowing the fame to be stolen, are
guilty of Felony. 4 Gco. 2. c. 16. Cutting off any
Limb or Member, or malicioufly difabling any
Member, with Intent to maim or disfigure a Per-
fon, is Felony without Benefit of Clergy. 22 & 23
Car. 2. Perions marrying a fecond Husband or Wife.
the first being living, is Felony: But if either of them
be
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O
•
1
·
I.
be abſent abroad above feven Years, without Notice | in wait for that Purpoſe, is Felony. 22 & 23 Car. 2.
of his or her's being alive, the other may marry a- If Perfons maliciously pull down, pluck up, or o
gain. I Fac. I. Stealing or taking away a Woman therwife deftroy any Turnpike-Gate, Pofts, or Rails,
against her Will, that has Lands or Goods, or is&c. it is Felony; not to work Corruption of Blood.
Heir apparent, and marrying her, is Felony 3 H. 7. S Geo. 2. c. 20. If any Waterman fhall take into his
Perfons convicted of malicioufly, fetting any Mine Boar, a greater Number of Paffengers than allowed,
on Fire, or Pit of Coal, to be guilty of Felony. 10 and a Perfon is drowned, it is Felony and Tranfpor-
Geo. 2. c. 32. The breaking down Locks, Sluices, tation. 10 Geo. 2. c. 31. Doing any Witchcraft, &c.
or other Works on Navigable Rivers, &c, is made whereby any Perfon fhall be killed, confumed, or
Felony. S Geo. 2. c. 26. Slitting or cutting off the lamed, &c. was Felony, without Benefit of Clergy.
Nefe, &c, of any Perfon, is Felony excluded Cler-1 Fac. 1. cap. 12. But fee 9 Geo. 2. c. 5. Taking and
gy. 22 & 23 Car. 2. If Pick-pockets take above 12 d. ftealing away Woollen Cloth from the Tenters in the
from the Perfon of another clam & fecrete, without Night time, is declared to be Felony. 22. Car. 2. c. 5.
his Knowledge, it is Felony. 8 Eliz. c. 4. Not only Perfons malicioufly fetting on Fire, burning or
fetting out Pirates, but aflifting or advifing any Pi- caufing to be burnt any Wood, Underwood, &c. are
racy, or receiving or concealing any Pirate, &c. is guilty of Felony. 1 Geo. 1. And by late Statutes, Per-
Felony 11 & 12 W. 3. c. 7. And trading with Pi-fons convicted of Felony or Larceny within the Be-
rates, furnishing them with Stores, or boarding any nefit of Clergy, may be ordered by the Court by
Veffel, and throwing overboard Goods, c. is Pi- whom convicted to be transported to the Plantations.
racy and Felony, by S Geo. 1. Wilful Poifoning is for feven Years; and for Felony excluded Clergy, the
Murder and Felony; and the Aiders, Abettors, c. Offenders may be pardoned and tranfported for four-
ſhall ſuffer Death. 1 Ed. 6. It is Felony for any Per- teen Years: But if any Felon thus under Transpor-
fon to break Prifon, being in for Felony, by 1 Ed. 2. tation fhall return before the End of the Time li-
Affaulting and riking, or attempting to kill a Pri-mited, he hall fuffer Death; though the King
vy Counsellor, when in the Execution of his Office, is may pardon the Tranfportation, and allow of the
Felony without Benefit of Clergy. 9 Ann. Thofe Return of the Offender, Satisfaction being made to
who receive, relieve or maintain Priests and Jefuits, the Proprietor. 4 Geo. 1. 6 Geo. 1. cap. 23. "Tis fur-
knowingly, are guilty of Felony. 27 Eliz. c. 2. To ther enacted if any Felon order'd for Tranſportation,
commit a Rape on any Maid within Age, or any fhall be afterwards at large in any Part of Great
married Woman, Maid at full Age, or any other Britain, before the Expiration of the Term for
Woman, by Force and against her Will, was former- which he was to be transported, he shall fuffer as for
ly punishable only by Fine and Imprisonment; but Felony without Benefit of Clergy; and whoever fhall
the Stat. Weftm. 2. made it Felony: And by 18 Eliz. c. difcover, apprehend and profecute any fuch Of
7. it is Felony to know a Woman carnally under the fenders, fhall have 201. Reward, to be paid as
Age of ten Years, though fhe confent. Acknowledg- that for apprehending Highway men. Stat. 16 Geo. 2.
ing a Recognizance or Statute, in the Name of an-cap. 15. See Clergy, Larceny, &c.
other Perfon, not privy and confenting, is Felony, 21
Fac. 1. c. 26. Imbezilling of Records is made Felony,
by S H. 6. Rioters affembled, being twelve in Num-
ber, not difperfing within an Hour after Proclama-
tion made for that Purpoſe, &c. fhall be guilty of
An Indictment for a Felony, and against Acceffaries.
ff.
Felony. I Geo 1. Suffering a Recovery of Lands in South'ton, of H. in the County of S. Labour-
TH HE Jurors, &c. that A. B. late
er, on the Day, &c. in the Year of the Reign, &c. at
H. aforesaid in the faid County, with Force and Arms,
&c. did break and enter the Clofe of one C. D. and felo
niously steal, take, and drive away a certain black Horſe
or Gelding, of the Price of fix Pounds, &c. of the Goods
and Chattels of the faid C. D. then and there found, that
is to fay, at H. aforesaid, in the faid County, against the
Peae of our faid Sovereign Lord the now King, his Crown
and Dignity.
And that one E. F. of, &c. in the faid County, Lec-
man, before the Felony aforesaid done and committed by
him the faid A. B. in the Manner aforesaid, that is fo
fay, on the Day and Year, &c. at H. aforefaid in the
Jaid County, feloniously abetted, procured and excited the
Said A. B. to commit the faid Felony, in the Manner ‹-
forefaid, against the Peace, &c.
the Name of another, is Felony. 21 Fac. I. Robbe-
ry of Churches, &c. is Felony, by 23 Hen. S. c. I.
Robbery on the Highway is Felony by the Common
Law; and the 13 Ed. 1. orders a Hue and Cry to be
made from Town to Town, and County to County,
c. after the Robbers; alfo 407. Reward is given
for apprehending a Robber on the Highway, (as it
is in feveral other Cafes by other Statutes) by 4
5 W. & M. Perfons affaulting others in a forcible
Manner, with an Intent to rob them, is Felony, and
Offenders to be tranfported. 7 Geo. 2. Servants pur-
loining or imbezilling their Mafter's Goods, &c. to the
Value of 40s. Felony. 12 Ann. Destroying and Killing
of Sheep, is made Felory; and fo is the Stealing, or
Driving away Sheep, or other Cattle, with an Intent
to Steal their Carcaffes, &c. 22 & 23 Car. 2. 14 Geo.
2. c. 6. Wilful cafting away a Ship, or caufing the
fame to be done; or making of Holes, in the Bottom
And that G. H. of, &c. in the faid County, knowing
or Sides tending to the Lofs of the Ship, &c. is Fe-that the faid A. B. had committed the faid Felony, in
lony. 1 Ann. 12 Ann. Soldiers departing from their Manner aforefaid, on the faid Day in the faid Year, &c.
Captains without Licence; raiſing a Muriny, or re- aforefaid, at H. aforefaid in the ſaid County, feloniouſly
fifting a fuperior Officer, &c. are guilty of Felony. 18 and wilfully received, comforted and entertained the faid
H. 6. 10 Ann. &c. So all Perfons Subjects of Great A. B. after the faid Felony by him done and committed,
Britain, in this Kingdom or Ireland, inlifting them against the Peace, &c.
felves Soldiers, to go beyond the Seas, and ferve any
foreign Prince, without Leave. 9 Geo. 2. c. 30. Stab-
bing a Perfon not having a Weapon drawn, if he dies
in fix Months, is Murder, and Felony excluded Cler-
gy. 1 Fac. 1. Stealing of Goods and Chattels, which
Perfons by Contract are to ufe, is Felony. 6 & 7
W. 3. And receiving ftolen Goods knowingly and
comforting the Felon, is Felony. If any Thief taker
or other Perfon takes a Reward for helping of ano-
ther to ftolen Goods, and do not profecute the Fe-
lon, he is guilty of Felony. 4 Geo. 1. cap. 11. Cutting
out the Tongue of any Perfon maliciously, and lying
•
Feme Covert, Is a married Woman ; who is
likewife faid to be Covert Baron. Star. 27 El.z. c. 3.
Feme fole, (Fr) A Woman alone, that is un-
married: And if the marries, her Debts become
thofe of the Husband, Escò 1 Roll. Abr. 351. Feme
Sole Merchant. Scc London.
Fence, Is a Hedge, Ditch, or other Inclofure of
Land for the better Manurance and Improvement
of the fame. And where a Hedge, and Ditch join
together, in whofe Ground or Side the Hedge is, to
the Owner of that Land belongs the keeping of the
4
fame
FE
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fame Hedge or Fence, and the Ditch adjoining to it falfo mortgaged to raiſe the Money, &c. by 11 Geo.
on the other Side, in Repair and fcoured. Par. 2. cap. 39.
Offic. 188. An Action of the Cafe or Trefpafs lies,
for not repairing of Fences, whereby Cattle come
into the Ground of another and do Damage. 1 Salk.
335. Alfo it is prefentable in the Court-Baron, c.
Vide Approvement. Stat 13 Ed. 1.
Feed or Feud, Is defined to be a Right which a
Vaffal hath in Lands, or fome immoveable thing of
his Lord's, to ufe the fame, and take the Profits
thereof hereditarily; rendring unto the Lord fuch
Feodal Duties and Services as belong to Military
Tenure, . and the Property of the Soil always
remaining to the Lord. Spelm of Tenures, cap. 1.
Feodal, (Feodalis, vel Feudalis) Of or belonging to
the Fee. Stat. 12 Car. 2. c. 24.
Feodality, Fealty paid to the Lord by his Feodal
Tenant.----
Fecit Feodalitatem fuam, prout decet,
dicto Domino. Cartular. Rading. M´ S.
Feodary or feudary, (Feudatarius) An Officer of
the Court of Wards, appointed by the Mafter of that
Court, by Virtue of the Statutes 32 Hen. S. cap. 26.
whofe Bufinefs it was to be prefent with the Efbeator
in every County at the finding of Offices of Lands,
and to give in Evidence for the King as well con-
cerning the Value as the Tenure; and bis Office
was alfo to furvey the Lands of the Ward, after
the Office found, and to rate it. He did likewife
affign the King's Widows their Dowers; and re-
Pecunia vel Tri-ceive all the Rents of Wards Lands within his
Circuit, which he answered to the Receiver of the
Court. This Office feems to be wholly taken away
by Stat. 12 Car. 2. cap. 24.
Fence-Month, (Menfis Prohibitionis, or Menfis Ve-
titus) Is a Month wherein Female Deer in Forefts,
c. do fawn, and therefore it is unlawful to hunt
in Forests during that Time; which begins fifteen
Days before Midfummer, and ends fifteen Days after
it, being in all thirty Days. Manw. Part. 2. cap. 13.
Stat. 20 Car. 2. cap. 3. Some antient Forefters call
this Month the Defence Month, becauſe then the
Deer are to be defended from being difturbed, and
the Interruptions of Fear and Danger; as there
are certain Defence-Months for Fish, particularly Sal-
mons, as appears by the Stat. Weftm. 2. cap. 47, &c.
Serjeant Fleetwood faith, that the Fence-Month hath
been always kept with Watch and Ward, in every
Bailiwick thro' the whole Foreft, fince the Time of
Canutus. Fleetwood's Foreft Laws, p. 5.
Fengeid, (Sax.) A Tax or Impofition exacted for
the repelling of Enemies.
butum ad arcendos Hoftes erogatum. MS. Antiq.
Feodatary, Was the Tenant who held his Eftate
by Feodal Service: And Grantees, to whom Lands
in Feud or Fee were granted by a fuperior Lord,
were fometimes called Homagers; and in fome Wri-
tings are term'd Vafals, Feuds and Feodataries. See
Feuds.
Feodum Militis, a Knight's Fee: Feodum Laicum,
a Lay Fee, or Land held in Fee of a Lay Lord.
Kennet's Gloff.
Fens, (Paludes) Are low marfhy Grounds, or
Lakes for Water; for the Draining whereof in this
Kingdom, feveral Statutes have been enacted. The.
Statutes 4 Fac. I. cap. 8 13. make Provifion for
draining and fecuring from Inundation the drown'd
Grounds and Marthes of Lefnefs and Fants in Kent;
and the Fens and low Grounds in the Ile of Ely.
The 15 Car. 2. c. 17. appoints William, Earl of Bed-
ford, and other Adventurers, a Corporation, for the
draining of Bedford Level in Bedfordshire, confifting
of a Governor, Bailiffs and Confervators, &c. who
have Power to lay and levy Taxes within the great Feoffment, (Feoffamentum, from the Gothick Word
Level of the Fens; and alfo to erect Works within Feudum, and fignifies Donationem Feudi) Is a Gift or
the fame, for carrying the Water to the Sea, ma-Grant of any Manors, Meffuages, Lands or Tene-
king Satisfaction to the Owners of Lands for Injury ments, to another in Fee, to him and his Heirs for
received; and throwing down any of the faid ever, by the Delivery of Seifin and Poffeffion of
Works, incurs treble Damages, &c. By 16 & 17 the Thing given or granted: And in every Feoff-
Car. 2. cap. 11. Deeping Fens, &c. in Lincolnshire, are ment, the Giver or Grantor is called the Feoffor, and
to be drained from Water; and Edward, Earl of he that receives by Virtue thereof, is the Feoffee.
Manchester, and feveral others are declared Under. Littleton fays, the proper Difference between a
takers thereof, on certain Trufts, with Power to e-Feoffor and a Donor, is, that the one gives in Fee-fim-
rect Banks, Bridges, Drains, Locks, Sluices, &c.ple, the other in Fee-Tail. Littl. lib. 1. c. 6. Accomp.
for Recovery of the faid Fens; and Affeffees of Conv. 1 Vol. 71. The Deed of Feoffment is our moſt
Lands held by the Adventurers under the Trustees, ancient Conveyance of Lands: And in Records we
may hold Affemblies for making of By-Laws, for often find Fees given to Knights under the Phraſes
the Management of the Works of Draining; they of De veteri Feoffamento, and De novo Feoffamento; the
may charge the Owners of the Land by au Acre firft whereof were fuch Lands as were given or
Tax, c. and on Default of Payment, fell the De-granted by King Henry I. And the others, fuch as
faulters Lands, &c. The 11 Geo. 2. cap. 34. ordains were granted after the Death of the faid King,
that Commiffioners thall be appointed to put this fince the Beginning of the Reign of Henry II. At
A&t in Execution, for effectual Draining and Pre- Common Law the ufual Conveyance was by Feoff-
ferving of the Fens in the Ifle of Ely, in Cambridge- ment, to which Livery and Seifin was neceffary, the
Jhire; who are authorifed to make Drains, Dams, Poffeffion being thereby given to the Feoffee; but if
. and proper Works thereon: And the faid Com- Livery and Seifin could not be made, by Reafon
millioners may charge Proprietors with a propor- there was a Tenant in Poffeffion, the Reverfion
tionable Acre Tax, viz. for Waterden Fen, at the was granted, and the particular Tenant attorn'd.
Rate of 5s. and Redmoor, Cawdle Fen, and the Holts, 1 Inft. 9, 49. And a Feoffment is faid in fome Re-
at 2 s. an Acre by the Year, for four Years; and fpects to excel the Conveyance by Fine and Reco-
afterwards at an yearly Rate, not exceeding 1 s. 6 d. very; it clearing all Diffeifins, Abatements, Intru-
per Acre; they may likewife borrow Money for fions, and other wrongful Eftates, which no other
maintaing and effecting the Works, by affigning Conveyance doth: And for that it is fo folemnly
over the Duties: Perfons obftructing the Draining, and publickly made, it has been of all other Con-
to forfeit 100 l. and if any Perfon fhall burn any of veyances the moft obferved. Weft. Symb. 235. Plowd.
the Engines erected, he fhall be imprifoned three 554. It bars the Feoffor of all collateral Benefit, as
Years; and being convicted again of the like Of Conditions, Powers of Revocation, Writs of Er-
fence, to be guilty of Felony. And for raifing ror, &c. and deftroys contingent Ufes. 1 Inft. 5.
Money, for Draining and future Prefervation of Bur a Feoffment may not be of fuch Things whercof
Deeping Fens, a Rate of 20 s. an Acre is to be paid, Livery and Seifin may not be made; for no Deed
by all the Taxable Land-Owners, according to A-of Feoffment is good to pafs an Eftate without Li-
greement of the Proprietors; levied by Diftrefs of very of Scifin; and if either of the Parties die be-
Goods, or Sale of Defaulters Lands; which may be fore Livery, the Feoffment is void. Plowd. 214, 219.
4 L
Though
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}
Though where a Feme Feoffor made a Feoffment of Cafe the Feoffor and his Wife both die, the Feoffee
Lands with Livery in View, and then married the then fhould make the Eftate to the Iffue, and Heirs
Fesffee before the Livery was executed by actual of the Body of his Father and Mother begotten,
Entry; it was adjudged the Livery might be exe-Remainder to the Right Heirs of the Husband
cuted after Marriage, the Feoffee having not only an or Father. I Inft. 219, 220. Tenant in Tail makes
Authority to enter, but an Intereft paffed by the a Feoffment in Fee; the Inheritance of the Tail
Livery in View, and the Woman did all on her is not given to the Feoffee by the Feoffment, nor is
Part to be done. 1 Vent. 186. There must be Li- he thereby Tenant in Tail; for none fhall be Tc-
very of Seifin in all Feoffments, and Gifts, &c. where nant in Tail but he only who is comprehended
a corporal Inheritance or Freehold doth pafs: And in the Gift made by the Donor. But it gives away
without Livery, the Deed is no Feoffment, Gift or all the immediate Eftate the Feoffor had. Plowd
Demife. Lit. 59. S Rep. 82. But a Freehold may 562. Hob. 335. If Leffee for Life, and the Re-
paſs without Livery by the Stat. 27 H. 8. c. 10. By verfioner in Fce, make a Feoffment in Fee by Deed,
Force of which Statute, a Feoffment to the Use of each gives his Eftate; the Leffee his by Livery,
the Feoffor, Feoffee, c. fupplies the Place of Livery and the Fee from him in Remainder. 6 Rep. 15.
and Seifin. Wood's Inft. 239. A Feoffment being a Lill. Abr. 609. A Feoffment was made Habendum
Common Law Conveyance, and executed by Live- to the Feoffee and his Heirs, after the Death of the
ry, makes a Tranfmutation of Eftate; but a Con- Feoffor, and Livery was made; yet it was held to
veyance on the Statute of Ufes, as a Covenant to be a void Feoffment, for an Eftate of Freehold in
ſtand feifed, &c. makes only a Tranfmutation of Lands cannot begin at a Day to come: But where
Poffeffion, and not of Eftarc. 2 Lev. 77. 1 Ventr.
a Leffor made a Leafe for Lives, and granted the
37S. A Feoffment to the Ufe of 4. for Life, the Reverfion to another for Life, whofe Estate for
Remainder to B. If A. refufes to take the Eftate, Life was to begin after the Death of the Survivor
B. fhall take prefently, becaufe the whole Eftate of the other Leffees for Life, this was adjudg'd a
is out of the Feoffor by Livery; But if it had been good Estate in Reverſion for Life. Hob. 171. 1 Nelf.
by Covenant to ftand feifed, he fhould not have ta Abr. 846. If a Man be diffeifed, and makes a Deed
ken 'till after the Death of A. but it would reft in of Feoffment, and a Letter of Attorney to enter and
the Covenantor, who fhall have the Ufe in the take Poffeffion of the Land, and afterwards to
mean Time. 2 Lev. 77. 1 Leon. Ca. 279. Before the make Livery, according to the Form of the Char-
Stat. Weftm. 3. If a Man had made Feoffment in Fee, ter, it will be a good Feoffment, tho' he was out of
without declaring any Ufe, it fhould have been to Poffeffion at the Time of the Deed made; for the
the Ufe of the Feoffee; though now by that Statute, Feoffment takes Effect by the Livery, and not by the
where no Confideration or Declaration of Ufe is ex- Deed. Co. Lit. 48, 52. And if the Husband alone
preffed, it fhall go to the Feoffor himſelf. 2 Leon. 15, make a Feoffment of his Wife's Land, or of both
16. If I convey Lands by Feoffment, which I have their Lands, his Wife being on the Land, and dif
on the Part of the Mother, to J. S. and his Heirs, agreeing to it; this will be good against all Perfons
without Confideration; the Ufe will be void, and but the Wife: Alfo fo it is, if one Jointenant make
the Land ſhall return again to me and my Heirs on a Deed of Feoffuuent of the whole Land, his Com-
the Part of the Mother: Yet if I declare the Ufe panion being then upon it: Or if a Man diffeife
to me and my Heirs, or upon fuch Feoffment referve me of my Lands, and then enfeoff another thereof
a Rent in like Manner, it fhall go to my Heirs at whilft I am upon the Land, &c. Perk. Sect. 219, 220.
the Common Law, it being a new Thing divided A Feoffment may be made of a Meffuage, Land,
from the Land. Hob. 31. Co. Lit. 13, 231. 1 Rep. 100. Meadow, Pafture, or other corporal Thing; and
Dyer 134. Where a Man makes a Feoffment, with- of a Moiety, Third, or Fourth Part of it, that lies
out any Confideration; by that the Eftate and in Livery: And in Deeds of Feoffment, there muſt
Poffeffion paffes, but not the Ufe, which thall de- be a good Feoffor, that is, one able to grant the
fcend to his Heir. 1 Leon. 182. A Feoffment in Fee Thing conveyed by the Deed; a Feoffee capable to
is made to the Ufe of fuch Perfons, and for fuch take it; and a Thing grantable, and granted in
Eftates, as the Feoffor fhall appoint by his Will, or the Manner the Law requireth. 1 Inft. 42, 49, 190.
to the Ufe of the Laft Will; by Operation of Law Every Gift of Feoffment of Lands made by Fraud or
the Ufe vests in the Feoffor, and he is feifed of a Maintenance, fhall be void; and the Diffeifee not-
qualified Fec, viz. until he makes his Will, and de- withstanding fuch Alienation, fhall recover against
clares the Ufes; and after the Will is made, it is the firft Diffcifor his Land and double Damages;
only directory, for nothing paffes by it but all by provided he commence his Suit in a Year after the
the Feoffment. 6 Rep. 18. Moor 567. A Feoffment in Diffeifin, and that the Feoffor be Pernor of the Pro-
Fee, upon Condition, &c. was inrolled, but no Li- fits. Stat. 1 R. 2. cap. 9. See 11 Hen. 6. cap. 3. A
very made; and it was adjudged no good Feoffment, Deed of Feuffment is always applied to a corporal
but the Inrollment fhall conclude the Perfon to and immovable Thing: And is made by the Words,
fay that it was not his Deed. Poph. 6. 2 Nelf. br. have Granted, Bargained, Enfeoffed, &c. The Way
844. If a Bargain and Sale of Lands be not in- of pleading a Feoffment is thus, viz. That A. B. was
rolled, and the Bargainor deliver Livery and Sei- feifed in Fee of the Place where, &c. and being fo
fin of the Lands fecundum formam Charte, &c. it feifed, Feoffavit quendam C. D. inter alia per nomina
has been held a good Feoffment. 2 And. 68. A Feoff- omnium, &c. habend. tenend. dict' Tenementa, &c.
ment in Fee made upon Condition not to alien, the prefat' C. D. & hæredibus fuis in perpetuum ad folum
Condition is void; becaufe 'tis repugnant to the E- opus & ufum, &c. 3 Salk. 165.
ftate; but if Livery is had, the Feoffment will be
good against the Feoffor: And a Bond with Condi-
tion that the Feoffee fhall not alien, is faid to be
good. I Co. Inft. 206. 2 Cro. 596. If a Man makes
▸
Form of a Deed of Feoffment of Lands.
HIS Indenture made, &c. Between A. B. of,
a Feoffment of Lands on Condition, that the Feoffee &c. of the one Part, and C. D. of, &c. of the
fhall give the Land to the Feoffor and his Wife in
Special Tail, Remainder to the Heirs of the Feoffor;
and he dies before fuch Gift is made, the Feoffee
ought to make it as near the Intent of the Con-
dition as may be, viz. to the Wife without Im-
peachment of Waftc, Remainder to the Heirs of
the Body of her Husband, on her Body begotten,
and Remainder to the Husband's right Heirs. In
I
I
other Part, Witneffeth, That the faid A. B. for and in
Confideration of the Sum of Five hundred Pounds of law-
ful Money of Great Britain, to him in hand paid by
the faid C. D. the Receipt whereof the faid A. B. doth
hereby confefs and acknowledge, and for other good Causes
and Confideratsons him thereunto moving, he the faid
A. B. hath granted, bargained and fold, aliened, enfeoff-
ed,
'
FE
FE
i
•
nies, or either of them, fhall do in the Premises. In
Witnefs, &c.
Birds that are wild, in Oppofition to the Tame;
Feræ Naturæ, In our Law fignifics Beats and
fuch as Hares, Foxes, Wild Geefe, and the like,
wherein no Man may claim a Property.
293.
Ferdfare, (from the Sax. Fyrd and Fare, Iter) Sig-
nificat quietantiam eundi in exercitum. Fleta, lib. 1.
cap. 47.
}
Ferial Days, (Dies Feriales, Ferie) According to
the Latin Dictionary are Holy-Days; but in the
Statute 27 H. 6. c. 5. Ferial Days are taken for
Working Days; all the Days of the Weck, except
Sunday: The Week-Days as diftinguifhed from Sun
day, the Profane from the Sacred, were called Dies
Feriales, by a Charter dat. 28 Mart. 1448.
Cartular. Eccl. Elyenfis, MS.
<
Ex
Ferlingata terre, A Quarter or fourth Part of
a Yard-land.- Decem acre faciunt Ferlingatam,
4 Ferlingatæ faciunt Virgatam, 4 Virgata faciunt
Hidam, c. In antient Records there is Mention
of Ferlingus and Ferdlingus terra. Mon. Angl. Tom. 2.
f. 8. See Fardel of Land.
C
Ferm, (Firma) A Houſe and Land let by Leafe,
&c. Vide Farm.
Fermary, (from the Sax. Feorme, Vi&tus) Is an
Hospital; and we read of Friers of the Firmary.
ed, releafed, and confirmed, and by thefe Prefents doth
grant, bargain, and fell, alien, enfeoff, &c. unto the
Jaid C. D. his Heirs and Affigns for ever, All that Mef-
Suage or Tenement fiturte, &c. now in the Poffeffion of,
&c. and alfo the Reverfion and Reverfions, Remainder
and Remainders, Rents and Services thereof; and all the
Estate, Right, Title, Intereft, Claim and Demand what
foever of him the faid A. B. of, in and to the fame Pre-
miffes, and of, in and to every Part and Parcel thereof;
To have and to hold the faid Meffuage, and all and
fingular the Premiffe above mentioned, with the Appurte
nances, unto the faid C. D. his Heirs and Affigns, to the Ferdit, (Sax. Ferd, excrcitus, & Wite poena)
only proper Uſe and Behoof of him the faid C. D. his Was uſed for being quit of Manflaughter, commit-
Heirs and Aligns for ever; under the yearly Rent of ted in the Army. Fleta, lib. 1. It is rather a Fine
Four pence; Or, to be holden of the Chief Lord or Lords impofed on Perfons for not going forth in a mili-
of the Fee of the Premises by the Rents and Services tary Expedition; to which Dury all Perfons who
therefore due and of Right accuftomed. And the faid held Land, were in Neceffity obliged: And a Neg-
A. B. for himſelf, his Heirs and Aſſigns, doth covenant | le&t or Omiffion of this common Service to the Pub
and grant to and with the faid C. D. bis Heirs and Aflick, was punished with a pecuniary Mul& called
figns, that the faid A. B. now is lawfully and rightfully the Ferdwite. Cowcl.
feifed in his own Right of a good, fure, perfect, abfolute
and indefeasible Eftate of Inheritance in Fee-finple, of and
in all and fingular the faid Meffuage and Premises a
bove-mentioned, and of every Part and Parcel thereof,
with the Appurtenances, without any Manner of Condi-
tion, Mortgage, Limitation of Uſe or Uses, or other Mat-
ter, Caufe or Thing, to alter, change, charge or determine
the fame: And alfo that he the faid A. B. now hath good
Right, full Power, and lawful Authority in his own Right
to grant, bargain, fell and convey the faid Meffuage and
Premiffes above-mentioned, with the Appurtenances, unto
the faid C. D. bis Heirs and Aſſigns, to the only proper
Ufe and Behoof of the faid C. D. his Heirs and Affigns
for ever, according to the true Intent and Meaning of
thefe Prefents. And alfo that he the faid C. D. his
Heirs and Affigns, shall and may from Time to Time,
and at all Times hereafter, peaceably and quietly have,
hold, occupy, poffefs and enjoy all and fingular the faid
Premiffes above mentioned, to be hereby granted, with the
Appurtenances, without the Lets Trouble, Hindrance,
Moleftation, Interruption and Denial of him the faid A. B.
bis Heirs or Affigns, and of all and every other Perfon
and Perfons whatsoever, claiming or to claim by, from or
under him, them, or any of them. And further, that
be the faid A. B. and his Heirs, and all and every other
Perfon and Perfons, and his and their Heirs, any Thing
baving or claiming in the faid Meffuage and Premiffes
above-mentioned, or any Part thereof, by, from or under
him, shall and will at all Times hereafter, at the Requeft
and Cofts of the faid C. D. his Heirs or Affigns, make, do
and execute, or cause or procure to be made, done and ex-
ecuted, all and every further and other lawful and reafon
able Grants, Act and Afurances in the Law whatfoe-
ver, for the further, better, and more perfect Granting
Conveying, and Alluring of the faid Premises hereby gran-
ed, with the Appurtenances, unto the faid C. D. his
Heirs and Aligns, to the only proper Ufe and Behoof of
the faid C. D. bis Heirs and Affigns for ever, a cording to
the true Intent and Meaning of thefe Prefents, and to and
for none other Ufe, Intent or Purpose whatsoever. And
laftly, the faid A. B. hath made, ordained, conftituted
and appointed, and by these Prefents doth make, ordain,
conftitute and appoint E. F. of, &c. and G. H. of, &c.
his true and lawful Attornies jointly, and either of them
Severally, for him and in his Name, into the faid Meffu-
age and Premiffes, with the Appurtenances hereby granted
and conveyed, or mentioned to be granted and conveyed, or
into fome Part thereof, in the Name of the whole, to en-
ter, and full and peaceable Poffeffion and Seifin thereof
for him, and in his Name, to take and have; and after
fuch Poffeffion and Seifin fo thereof taken and bad, the like
full and peaceable Poffeffion and Seifin thereof, or of fome
Part thereof, in the Name of the Whole, unto the faid
C. D. or to his certain Attorney or Attornies in that Behalf,
to give and deliver; To hold to him the faid C. D. his
Heirs and Affigns for ever, according to the Purport,
true Intent and Meaning of thefe Prefents, ratifying, con-
firming and allowing all and whatsoever his faid Attor-
·
Fermilona, The Winter Season of killing Deer;
as Tempus pinguedinis is the Summer Scalon. Quod
idem Hugo & hæredes fui de catero quolibet anno poffunt
capere in prædicto Parco de, &c. unam Damam in Fer-
mifona inter Feftum Sancti Martini & Purif. Beate
Marix, Et unam Damnam in Pinguedine inter Feftum;
&c. Fin. Concor. in Cur. Dom. Regis apud Litchfield
coram Roger. de Turkilby, &c. inter Hugonem de
Acover Quer. Will. de Aldethley Deforc. Penes
Will. Dugdale, Mil'.
Fernigo, A Piece of wafte Ground where Fern
grows. Cartular. Abbat. Glafton. MS.
Ferramentum, Ferramenta, The Iron Tools or
Inftruments of a Mill. Et reparare Ferramenta
ad tres carucas, i.e. The Iron Work of three Ploughs.
Lib. Niger Heref.
Ferrandus, An Iron Colour, particularly applied
to Horles, which we a this Time call an Iron Gray.
Ferry, A Liberty by Prefcription of the King's
Grant, to have a Boat for Paffage upon a River,
for Carriage of Horfes and Men for reaſonable Toll:
It is ufually to cross a large River. Terms de Ley.
A Ferry is no more than a common Highway; and
no Action will lie for one's being difturb'd in his
Paffage, unless he alledge fome particular Damage,
&c. 3 Mod. Rep. 294. The not keeping up a Ferry,
has been held to be indictable. See Bridge.
Ferlpeken, To fpeak fuddenly
Nemo poteft
placitare, &c. nec cogi debet Rectum ejus Ferfpeken de
omnibus caufis, &c. Leg. H. 1. c. 61.
Felta in Cappis, Were fome grand Holy-Days,
in which the whole Choirs and Cathedrals wore Caps.
Vitæ Abbat. S. Alban. pag. So, S3.
Fellingmen. The Saxon Feftinman fignifies a
Surety or Pledge; and to be free of Feftingmen, was
probably to be free of Frank-pledge, and not bound
for any Man's Forth-coming, who fhould tranfgrefs
the Law. Mon. Angl. Tom. 1. p. 123.
Felting-Penny, Earnest given to Servants when
hired or retained in Service, fo called in fome Nor-
thern
FI
FI
thern Parts of England, from the Sax. Feftnian, to
faften or confirm.
Feltum, A Feat; Feftum S. Michaelis, the Feaft
of St. Michael, &c.
Feftum Stultozum, The Feast of Fools. See
Caput Anni.
that Fealty which he hath fworn to the Lord. Leg.
H. 1. c. 53.
Fict, Which we call Fee, is in other Countries the
contrary to Chattels: In Germany, certain Diftri&s
or Territores are called Fiefs; where there are Fiefs
of the Empire.
Feud, (Feida) Signifies in the German Tongue Guer- Fieri facías, Is a judicial Writ, given by the Sta
ram, Lat. Bellum; and according to Lambard, Capi- tute of Weftm. 2. 13 Ed. 1. that lies where Judg-
tales Inimicitias: And Feud uſed in Scotland is a Comment is had for Debt or Damages recovered in the
bination of Kindred for revenging the Death of King's Courts against any Man; by which Writ
any of their Blood against the Killer, and all his the Sheriff is commanded to levy the Debt and
Race; or any other great Enemy. Skene.
Damages of the Goods and Chattels of the Defen-
Feuobote, A Recompence for Engaging in a dant, &c. Old Nat. Br. 152. This Writ is to be fued
Feud, and the Damages confequent; it having been out within a Year and a Day after the Judgment; or
the Cuftom in antient Times, for all the Kindred to the Judgment must be revived by Scire facias: But
engage in their Kinfman's Quarrel. Sax. Dia. if a Fieri facias be not executed, a fecond Fieri fa-
Feuds, (Feoda) Eftates in Lands were originally cias or Elegit may be fued out; and 'tis faid fome
at Will, and then they were called Munera; after-Years after, without a Scire facias, provided Conti-
wards they were for Life, and then they were nuances are entered from the firft Fi. fa. which ris
term'd Beneficia, and for that Reafon the Livings alfo held may be entered after the fecond Fi. fa.
!
of Clergymen are fo called at this Day; and after- taken out, unlefs a Rule is made that Proceedings
wards they were made Hereditary, when they were fhall ftay, &c. Sid. 59. 2 Nelf. Abr. 776. If a Man
called Feoda, and in our Law Fee-fimple. Rel. Spel. 9. recover Debt against A. B. and levy Part of it by
When Hugh Caput ufurped the Kingdom of France, Fieri facias, and this Writ is returned; yet he may
about the Year 947. 10 fupport himself in fuch U-take his Body in Execution by Capias for the rest of
furpation, he granted to the Nobility and Gentry,
that whereas till then they enjoy'd their Honours
for Life, or at Will only, they fhould from thence-
forth hold them to them and their Heirs; which
was imitated by William called The Conqueror, upon
his Acceffion to the Crown of England, for 'till his
Reign Feuds or Fees were not hereditary, but on
ly for Life, or for fome determinate Time. 3 Salk.
165.
Feudal and Feudary. See Feodal and Feodary.
Fiat, In our Law is a fhort Order or Warrant of
fome Judge for making out and allowing certain
Proceffes, &c. If a Certiorari be taken out in Vaca-
tion, and tefted of the precedent Term, the Fiat for
it must be figned by a Judge of the Court, fome
Time before the Effoin-Day of the fubfequent
Term, otherwife it will be irregular: But it is faid
there is no need for any Judge to fign the Writ of
Certiorari itfelf; but only where it is required by
Statute. 1 Salk. 150. 2 Hawk. 289.
Fiat Juftitia. On a Petition to the King, for
his Warrant to bring a Writ of Error in Parliament,
he writes on the Top of the Petition Fiat Juftitia,
and then the Writ of Error is made out, &c. And
when the King is Petitioned to redress a Wrong,
he indorfes upon the Petition Let Right be done the
Party. Dyer 385. Stamf. Prærog. Reg. 22.
the Debt, Roll. Abr. 904. The Sheriff on a Fieri fa
cias is to do his best Endeavours to levy the Moncy
upon the Goods and Chattels of the Defendant; and
for that Purpofe to enquire after his Goods, &c.
And the Plaintiff may enquire and fearch if he can
find any, and give Notice thereof to the Sheriff:
who ex officio is to take and fell them if he can, or
if not, by a Writ of Venditioni Exponas. 2 Shep. Abr.
III. There may be a Teftatum fieri facias into an
other County, if the Defendant hath not Goods
enough in the County where the A&tion is laid to
fatisfy the Execution; and the Fieri facias for the
Ground of the Teftatum, may be returned of Courſe
by the Attornies, as Originals are. 2 Salk. 589. If
all the Money is not levied on a Fieri facias, the
Writ must be returned before a fecond Execution
can be iffued; becauſe it is to be grounded on the
firft Writ, by reciting that all the Money was not
levied. 1 Salk. 318. Where the Sheriff levies Goods
by Fieri facias, and doth not return the Writ, and
afterwards another Fieri facias is brought to levy the
Money, the Defendant may plead this Matter.
Godb. 171. And where the Sheriff fells Goods which
he levied by Fieri facias, and doth not pay the Mo-
ney, A&tion of Debt will lie against him; for the
Defendant is difcharged as to the Plaintiff, and
the Sheriff is now become his Debtor in Law; and
Filion of Law, (Fictio Furis) Is allowed of in if the Sheriff die after he hath levied the Debt,
feveral Cafes: But it muſt be framed, according to the like Action will lie against his Executors, as it
the Rules of Law; not what is imaginable in the is a Duty when levied. March Rep. 13. Cro. Car. 387.
Conceptions of Man; and there ought to be E-If a Sheriff that hath feifed Goods by Fieri facias is
quity and Poffibility in every legal Fiction. There going out of his Office, he muft deliver them to the
are many of thefe Fictions in the Civil Law; and by new Sheriff, and return his Writ executed pro tanto;
fome Civilians, it is faid to be an Affumption of and he ought not to deliver them to the Owner, by
Law upon an Untruth, for a Truth, in fomething Reafon the Writ of Execution is warranted by a
poffible to be done, but not done. Godolphin & Bar- Record, and therefore the Discharge thereof muſt
tol. The Seifin of the Conufee in a Fine is but a appear by Record. Yelv. 44. Upon a Fieri facias
Fiction in our Law; it being an invented Form of the Sheriff returned, that he had levied Goods ad
Conveyance only. 1 Lill. Abr. 610. And a Common valentiam of the Debt; the Return being filed, a
Recovery is Fictio Juris, a formal A&t or Device by Motion was made that he might bring in the Mo
Confent, where a Man is defirous to cut off anney, which not being done an Attachment was gran-
Fftate-tail, Remainders, c. 10 Rep. 42.
10 Rep. 42. Byted, and then the Sheriff appeared and prayed to
Fidion of Law, a Bond made beyond Sea, may be amend the Return, for that the Goods were dama-
pleaded to be made in the Place where abroad, in ged by Lying, and he could not get Buyers; but
Ilington in the County of Middlesex, &c. to try the it was adjudged that the Return fhall not be al.
fame here; without which it cannot be done. i Inft.tered, for he might have returned this at firft by
And fo it is in fome other Cafes; but the Way of Excufe; and having returned that he had
Law ought not to be fatisfied with Fictions, where it levied Goods ad valentiam, he fhall pay the Money.
may be otherwife really fatisfied; and Fictions in Law Sid. 407. The Sheriff may fell the Goods on a Fieri
ſhall not be carried farther, than the Reaſons which facias, and take the Money; though he cannot take
introduce them neceffarily require. 1 Lill. Abr. 610. the Money upon a Capias fatisfaciend. that Writ
2 Hawk. 320.
not warranting him to do it. Lut. 588. But the
Sheriff cannot deliver the Goods by him taken in
Execution
261.
Fidem mentiri, Is when a Tenant doth not keep
I
FI
FI
4
:
·
the Plaintiff fuffered the Goods to remain in the
Hands of the Debtor, and would not let the Sheriff
proceed any further: A. B. having alſo a Judgment
against this Debtor, on a Fieri facias, feifed upon
the fame Goods, and it was held good, for the for-
mer was a fraudulent Execution. Favel. Rep. 37,
38. On a Writ of Fieri facias against one Partner,
the Sheriff may take the Goods of both; yet the
Vendee fhall have only a Moiety thereof in Com-
mon with the other. Comberb. 207. By the Common
Law Goods were bound from the Day of the Teftè
of the Writ; but by Statute 29 Car. 2. they are
bound only from the Time of Delivery thereof,
&c. Ibid. The Sheriff having taken Goods, and
levied the Money by Virtue of a Fieri facias, ought
to bring it into Court. Godb. 147. See Execution.
G
Execution to the Plaintiff, in Satisfaction of his,
Debt; becauſe his Authority is to fell the Goods.
Ibid. 589. 1 Lill. Abr. 611. And, if a Sheriff fells
the Goods taken by Fieri facias at under Price, the
Sale is good, and the Defendant can have no Re-
medy; though where there appears to be Covin
between the Sheriff and the Buyer, the Owner
fhall have his Action upon the Cafe. Kelw. 64. A
Sheriff took Goods in Execution upon a Fieri facias,
whereupon a Stranger promiſed the Officer to pay
him the Debt, in Confideration he would reftore
them; on Indebitatus Aſſumpfit brought for the Money,
it was objected upon a Demurrer, that it was ill, for
that it was like a Confideration to fuffer a Prifoner
to eſcape; but it was held, that as upon a Fieri facias
Goods are to be fold by the Sheriff, and the Writ is
to raiſe the Money, this is no more in Effect than a
Sale for that Purpoſe. 1 Salk, 28. On a Fieri facias,
the Sheriff has Power to take any Thing, but wear-
ing Clothes; and if the Defendant hath wo Gowns,
c. tis faid he may fell one. If the Sheriff executes
a Writ of Fieri facias, he may afterwards return
Nulla Bona, upon there appearing a prerogative
Writ fubfequent; or on better Information, that
Goods taken were not the Defendant's. Comb. 356,452.
By the Seizure of the Goods, the Sheriff hath a Pro-
porty in them; but Goods of a Stranger, &c. in the
Poffeffion of the Defendant fhall not be feifed in Ex
ecution; for the Sheriff at his Peril muft take No-
tice whofe Goods they are: Tho' if the Sheriff en-
quires by a Jury, where the Property is lodged, and
it is found that they are the Defendant's Goods,
when they are not, this will indemnify the Sheriff.
Dalt. Sher. 60. Wood's Inft. 608. The Sheriff cannot
break open the Door of an Houfe to execute a Fieri
facias upon the Goods of the Owner or Occupier;
but a Man's Houfe fhall be a Protection for his own
Goods only, and not for the Goods of another. 5 Rep.
91. 2 Nelf. Abr. 775. If the Defendant is a beneficed
Clergyman, and the Sheriff returns Quod eft Clericus
beneficiatus, &c. a Writ fhall go to the Bishop of the
Diocefe to levy the Debt De bonis Ecclefiafticis, who
thereupon fends forth a Sequeftration of the Profits
of the Clerk's Benefice, directed to the Church-
wardens, &c. But this Writ of Sequestration muſt
be renewed every Term. 2 Inft. 4, 472, 627. By
Virtue of a Fieri facias a Term for Years may be
fold, as well as any other Goods, and without an
Inqueft or Jury: Alfo Corn growing may be fold.
8 Rep. 96. 1 Rol. Abr. 892. And if the Sheriff on
a Fieri facias, &c. felleth a Term for Years, and af-
ter that the Judgmeut is reverfed; the Term fhall
not be restored, but the Money for which it was
fold. 8 Rep. 141. A Term is fold on an Execution
by Fieri facias; the Sale of the Term is good, tho'
the Judgment be reverfed, and Reftitution fhall be
only of the Money: But where a Term is deliver-
ed to the Plaintiff upon an Elegit, and then the E-ed for Maintaining the Wars, c.
legit is reverfed, Reflitution fhall be of the Term.
Cro. Fac. 246. When upon a Fieri facias the Sheriff
fells a Term, reciting it falfly, as to its Commence
ment and Ending, &c. the Sale is void, becaufe
there is no fuch Term: Yet if he recites it general-
ly, and being of divers Years yet to come, fells all
the Intereft which the Defendant had in the Land,
the Sale will be good. 4 Rep. 74. If an Execution
is fued on a Fi. fa. and the Defendant dies before it
is executed, it may be ferved on the Defendant's
Goods in the Hands of his Executor or Adminiftra-
tor. Cro. Eliz. 181. Two Fieri facias's are delivered
the fame Day to the Sheriff against the fame Per-
fon; he is bound to execute that first which was fift
delivered; and if he executes the last first, he muft
anfwer it to the Party that brought the Firft, who
may bring an Action against him; but the Execu-
tion fhall ftand good. 1 Salk. 330. A Man had a
Judgment for Debt against another, and on a Fi.
fac. the Sheriff took his Goods in Execution, but
Form of a Writ of Fieri facias.
EORGE the Second, &c. We Command you,
that you cauſe to be made of the Goods and Chat-
tels of C. D. (if on a Bond, fay, otherwife called,
&c.) in your Bailiwick, one hundre Pounds, which A. B.
lately in our Court before us at Weſtminſter, recovered
against him for a Debt; and alfo the Sum, &c. which
were awarded to the faid A. B in our fame Court before
us, for his Damages which he hath fustained, occafioned
as well by the Detaining of the fa d Deht, as for his Ex-
pences and Cofts by him laid out in and about his Suit in
that Behalf, whereof the faid C. D. is convicted, as ap-
pears to us of Record; and have
pears to us of Record; and have you the Money before us
at Westminster on the Day. &c. next after, &c. (ſub
a Return) to render to the faid A. B. his Debt and
Damages aforefaid: And have you then there this Writ.
Witnefs, &c.
J
Fifteenths, Were a Tribute or Impofition of
Money, laid generally upon Cities, Boroughs, &c.
through the whole Realm; fo called, because it
amounts to a Fifteenth Part of that which each City
or Town hath been anciently valued at, or a Ff
teenth of every Man's perfonal Eftate according to
a reaſonable Valuation. And every Town knew
what was a Fifteenth Part, which was always the
fame; whereas a Subfidy raiſed on every particular
Man's Lands or Goods, was adjudged incertain:
And in that Regard the Fifteenth feems to have been
a Rate formerly laid upon every Town; according
to the Land or Circuit belonging to it. Camd. Brit.
171. There are certain Rates mentioned in Domes-
day, for levying this Tribute yearly; but fince,
though the Rate be certain, it is not to be levied
but by Parliament. By 31 Ed. 3. cap. 13. a Fif
teenth was granted, for Pardons, &c. The 7 Ed. 6.
c. 4. granted a Subfidy and two Fifteenths by the
Temporalty, &c. And in the 1, 5, &c. Eliz. and
1, 3 & 18 Fac. 1. Fifteenths and Tenths were grant-
Fighting and Quarrelling, Is prohibited by Sta-
tute, in a Church or Church yard, &c. on Pain of
Excommunication, and other corporal Punishment.
Stat. 5 & 6 Ed. 6. c. 4. See Chur b.
Fightwite, (Sax.) Signifies a Mul&t for Fighting
or Making a Quarrel to the Disturbance of the
Peace.
Mleta ob Commiſſam pugnam in Per-
turbationem Pacis: In exercitu Regis 120 fl. luebatur
Fightwita, i. e. Forisfactura pugna. MS. Codex.
Filaçer or Filizer, (Filizavius, from the Lat. Fi
lum) Is an Officer of the Court of Common Pleas
called by this Name, as he files thofe Writs whereon
he makes our Process. There are fourteen of theſe
Filizers in their feveral Divifions and Counties; and
they make forth all Writs and Proceffes upon ori
ginal Writs, iffuing out of the Chancery, as well
real, as perfonal and mix'd, returnable in that
Court: And in Actions meerly Perfonal, where the
Defendants are returned fummoned, they make ou
Pones or Attachments; which being returned and
4 M
executed,
í
FI
FI
executed, if the Defendant appears not, they make Reality there is none, to fecure the Title that a
forth a Difringas, and fo ad Infinitum, or until he Man hath in his Eftate against all Men; or to cur
doth appear: If he be returned Nihil, then Procefs off Intails, and with more Certainty convey the Ti-
of Capias infinite, &c. They enter all Appearances tle of Lands, &c. either in Fee-fimple, Fee-tail,
and Special Bails, upon any Process made by them: for Life or Years; whereupon alfo a Rent may be
And make the firft Scire facias on fpecial Bails, referved. Weft's Symb. par. 2. Originally the final
Writs of Habeas Corpus, Diftringas nuper Vicecomitem Concord was inftituted and allowed, in Regard that
vel Ballivum, and all Superfedeas's upon Special Bail: by the Law and antient Courfe of Proceedings, no
In real Actions, Writs of View, of Grand and Petit Plaintiff could agree without Licence of the Court:
Cape, of Withernam, &c. Alfo Writs of Adjournment And Fines have been formerly had in perfonal Acti-
of a Term, in Cafe of publick Disturbance, &c. ons; but Time hath wrought other Ufes of them,
And until an Order of Court, 14 Fac. 1. they entered viz. to cut off Intails, and pass the Inheritance of
Declarations, Imparlances and Pleas, and made out Lands, though the fame be not controverted, to
Writs of Execution, and divers other judicial Writs, whom we think good; and a Fine may be levied on
after Appearance: But that Order limited their a Writ of Right, &c. in any real Action, tho' not
Proceedings to all Matters before Appearance, and on an Original in a perfonal Action; and the Com-
the Prothonotaries to all after. The Filizers of the mon Writ of Covenant on which a Fine is levied, is
Common Pleas have been Officers of that Court
before the Stature 10 H. 6. c. 4. wherein they are
mentioned: And in the King's Bench, of later Times,
there have been Filizers, who make out Procefs up
on original Writs returnable in that Court, on Ac-
tions contra Pacem, &c.
File, (Filacium) A Thread, String or Wire, upon
which Writs, and other Exhibits in Courts and
Offices are faftened or filed, for the more fafe Keep-
ing and ready Turning to the fame. A File is a Re-
cord of the Court; and the Filing of Process of a
Court, makes it a Record of it. 1 Lill. 112. An o-
riginal Writ may be filed after Judgment given in
the Caufe, if fued forth before; Declarations, &c.
are to be filed: And Affidavits must be be filed, fome
before read in Court; and fome prefently when read
in Court. Ibid. 113. Before Filing, a Record remo-
ved by Certiorari, the Juftices of B. R. may refufe
to receive it, if it appears to be for Delay, &c. and
remand it back for the Expedition of Justice: But
if the Certiorari be once filed, the Proceedings below
cannot be revived. 2 Hawk. 7, 207. An Indictment,
c. cannot be amended after filed.
Field-le or Filtdale; A Kind of Drinking in
the Field, by Bailiffs of Hundreds; for which they
gathered Money of the Inhabitants of the Hundred
to which they belong'd: But it has been long fince
prohibited. Bract. 4 Inft. 307.
Ubi
Filicctum, Significs a Ferny Ground.
Filices crefcunt. I Inft. 4.
Filiolus, Is properly a little Son, alfo a Godfon.
Filiolus quem de facro Fonte fufcepit. Dugd.
Warwickſh. 697.
not a perfonal but a real Action. As a Fine is a
Concord acknowledged before a competent Judge,
touching Hereditaments or Things immoveable, and
for its better Credit imputed to be made in the Pre-
fence of the King, becauſe levied in his Court;
therefore it binds Women covert, being Parties, and
others whom ordinarily the Law difables to act; for
this Reafon, that all Prefumption of Deceit is ex-
eluded, where the King and his Court of Juftice.
are fuppofed to be privy to what is tranfacted. And
Fines are now levied in the Court of Common Pleas
at Westminster, on Account of the Solemnity there-
of, ordained by the Stat. 18 Ed. 1. before which
Time they were fometimes levied in the Exchequer,
in the County-Courts, Courts-Baron, &c. They may
be acknowledged before the Lord Chief Juftice of
the Common Pleas, as well in as out of Court; and
two of the Juftices of the fame Court, have Power
to take them in open Court: Alfo Juftices of Affife
may do it by the general Words of their Patent or
Commiffion; but they do not ufually certify them
without a fpecial Writ of Dedimus Poteftatem. 2 Inft
512. Dyer 224. The King by Patent or Commiffion,
with a Non obftante, may give Power to A. and B.
Juftices of Aflife in a Circuit, when A. is not a
Judge of either of the Benches, only a Serjeant at
Law, &c. to take the Cognizance of all Fines conjunc-
tim & feparatim; and upon fuch a Commiffion, the
Cognizance of a Fine taken by A. will be good, with-
out any Dedimus Poteftatem fued out before or after
it. Fenk. Cent. 227. And Fines are alfo taken by
Commiffioners in the Country, empowered by Dedi-
mus Poteftatem; one whereof named muſt be a
Knight; and the Writ of Dedimus doth furmife,
that the Parties who are to acknowledge the Fine
are not able to travel to Westminster for the Doing
thereof: Thefe Commiffions general and Special,
iffue out of the Chancery. By the Common Law
all Fines were. levied in Court: But the Statute
15 Ed. 2. allows the Dedimus Poteftatem to Commif
fioners, who may be punished for Abuſes, and the
Fines taken before them fet afide: And it is faid an
Information may be brought by him in Reverfion
against Commiffioners, who take the Caption of a
Fine, where a married Woman, &c. is an Infant.
Fine, (Finis) Is a final Agreement or Conveyance 3 Lev. 36. In the Levying of Fines in Court, a
upon Record, for the Settling and Affuring of Lands Pleader fhall fay Sir Justice conge d'Accorder, &c.
and Tenements, acknowledged in the King's Court i. e. he defires leave to Accord or Agree: And when
by the Cognifer to be the Right of the Cognifec. the Sum for the King's Fine is agreed, after Pro-
Accomp. Convey. 1 Vol. 89. This Word hath divers clamation and Crying the Peace, the Pleader fhall
Ufes or Significations; but it is most commonly, repeat the Subftance of the Fine, &c. Stat. de Fini-
Amicabilis Compofitio & Finalis Concordia, ex confenfu & bus, 18 Ed. 1. Touching the Form of Fines, it is
Licentia Domini Regis vel ejus fufticiariorum, or a to be confidered upon what Writ or Action the Con
Covenant made before Juftices and entered of Record is to be made; and there must first paſs a Pair
cord for Conveyance of Lands, Tenements or any of Indentures between the Cognifor and Cognifee,
Thing inheritable, to cut off all Controverfies: Et whereby the Cognifor covenants to pass a Fine to
Finis dicitur Finalis Con òrdia quia finem litibus impo- the Cognifce of fuch Things, by a Time limited;
nit. Glanv. lib. 8. c. 1. Eract. lib. 5. A Fine was anci-and thefe Indentures preceding the Fine, are faid
ciently a Determination of a real Controverfy; but to lead the Ufes of the Fine: But by the Statute 4 & 5
now it is generally a feign'd Action upon a Writ of Ann. the Uíes of a Fine, &c. may be declared after
Covenant, &c. and fuppofes a Controverfy where in the Fine levied, and be good in Law. Upon this the
Filum que, Is the Thread or Middle of the
Stream, where a River parts two Lordships: Et ha-
bebunt iftas Buttas ufque ad Filum Aquæ prædicta. Ex
Reg. Priorat. de Wormley, fol. 3. Mon. Angl. Tom.
1. fol. 390. File du Mer, the high Tide of the Sea.
Rot. Parl. 11 H. 4.
finders, Are mentioned in feveral ancient Sta-
tutes, and feem to be the fame with thofe which
we now call Searchers; who are employed for the
Discovery of Goods imported or exported, without
paying Cuſtom. Stat. 18 Ed. 3. 14 R. 2. c. 10. 1 H.
4. c. 13, Exc.
I
Writ
FI
FI
I
i
Writ of Covenant is brought by the Cognifee against Matter of Record, and remain in Subftance and
the Cognifor, who then yields to pass the Fine before Form as they were before. Plowd. 265. If Tenant
the Judge; and fo the Acknowledgment being re- in Tail levics a Fine, and dies before all the Procla-
corded, the Cognifor and his Heirs are prefently mations are made, though the Right of the Eſtate-
concluded, and all Strangers (not excepted) after tail defcends upon the Iffue, immediately on the
five Years paft; and if the Writ whereon the Fine Death of the Anceftor; yet if Proclamations are
is grounded, be not a Writ of Covenant, which is made afterwards, fuch Right fhall be barred by the
ufual, but of Warrantia Charta, or a Writ of Right, Fine, by the Statute 4 H. 7. and 32 H. S. 3 Rep 84.
or of Customs and Services, &c. then the Writ is The Fine without Proclamations is called a Fine at
to be ferved upon the Party that is to acknowledge the Common Law, being levied in fuch Manner as
the Fine; and he appearing doth it accordingly. was uſed before the Statute 4 H. 7. c. 24. and is ſtill
Weft. Sect. 23. Dyer 179. By Statute, a final Concord of the like Force by the Common Law, to diſconti-
cannot be levied in the King's Court, without ori-nue the Estate of the Cognifor, if the Fine be exe-
ginal Writ, &c. And when a Fine is paffed, it is to cuted. A Fine alfo with or without Proclamations
be in the Prefence of the Parties, who are to be of is either executed or executory: A Fine executed is
full Age, good Memory, &c. And if a Feme Co-fuch a Fine as of its own Force gives prefent Poffef
vert be one, fhe is to be privately examined if fion to the Cogniſee, without any Writ of Seifin to
The confent freely; for if the doth not, the Fine enter on the Lands, &c. as a Fine fur Cognisance de
cannot be levied. Stat. 18 Ed. 1. A Fine after the Droit come eo; and in fome Refpe&ts a Fine fur Re-
Ingroffing is to be openly read and proclaimed in leafe, &c. is faid to be executed. A Fine executory
the Court of C. B. and a Tranſcript to be ſent to doth nor execure the Poffeffon in the Conifee,
the Juftices of Affife, and another to the Justices of without Entry or A&tion, but requires a Writ of
the Peace of the County where the Land lieth, to Scifin; as the Fine fur Cognizance de Droit tantum, &c.
be openly proclaimed there; which being certified, unless the Party be in Poffeffion of the Lands; for
concludes all Perfons; Feme Coverts, Perfons un-if he be in Poffeffion at the Time of levying the
der Age, in Prifon, &c. excepted; if they lay not Fine, there need not be any fuch Writ, or any Exc-
Claim by Way of Action or Entry in five Years: cution of the Fine; and then the Fine will enure by
Perfons out of the Land, or Non fana Memoria, &c. Way of Extinguishment of Right, not altering the
have that Time after their Imperfections are remo-Eftate or Poffeffion of the Cognifee, however it may
ved. 1 R. 3. c. 7. And by fubfequent A&ts, Fines after better it. Weft. Sect. 20. Fines are likewife fingle or
Ingroffing are to be proclaimed in Court the fame double; Single, where an Eltate is granted by the
Term, and the three next Terms, formerly four Cognifor to the Cognifee, and nothing is thereby
feveral Days in each Term; but of late only once rendered back again from the Cognifee to the Cog-
in the Term wherein ingroffed, and once in each nifor. The double Fine is that which doth contain a
of the fucceeding Terms. 4 H. 7. 31 Eliz. c. 2. The Grant or Render back again from the Cogniſee, of
Day and Year of acknowledging a Fine, and War-the Land itself; or of fome Rent, Common, or o-
rant of Attorney for the Suffering a Recovery, are [ther Thing out of it, and by which Remainders are
to be certified with the Concord: And an Office limited, &c. Weft. Sect. 21, 30. And a Fine is fome-
hath been ere&ted for the Inrolment of Writs for Fines, times called a double Fine, when the Lands lie in
c. the Fees whereof are limited and appointed; feveral Counties. Fines are further divided into four
likewife the Chirographer the first Day of every Term Sorts, viz. A Fine fur Cognizance de Droit come eo, &c.
is to fix in the Court of C. B. a Table containing A Fine fur Done Grant & Render; a Fine fur Cognizance
the Fines paffed in the Term before in every Coun- de Droit tantum; and a Fine fur Conceffit: The Fine
ty, c. by 23 Eliz. c. 3. There are in every Fine fur Cognizance de Droit come ceo is a fingle Fine levied
five Parts, viz. 1ft, An original Writ, ufually a with Proclamations, according to the Statute 4 H. 7.
Writ of Covenant. 2. The Licentia Concordandi, or And it is the principal and fureſt Kind of Fine, ic
King's Licence, for which the King hath a Fine cal- being faid to be executed, because it gives prefent
led the King's Silver. 3. The Concord itself, con- Poffeffion (at leaſt in Law) to the Cognifee, fo that
taining the Agreement between the Parties how the he needs no Writ of Hab. facias Seifinam, or other
Land, &c. fhall pafs, being the Foundation and Sub-Means for Execution thereof; for it admits the
ftance of the Fine; it begins, Et eft concordia talis, &c. Poffeffion of the Lands of which the Fine is levied
4. The Note of the Fine, or Abstract of the original to pass by the Fine, fo that the Cognifee may enter,
Contra&t. 5. The Foot of the Fine, which includes and the Eftate is thereby in him, to fuch Ules as
all, fetting forth the Day, Year, and Place and be are declared in the Deed to lead the Ufes thereof:
fore what Juftices the Concord was made, &c. Of But if it be not declared by Deed to what Uſe the
this there are Indentures made forth in the Office, Fine was levied, fuch Fine fhall be to the Ufe of the
If the
which is called the Ingroffing of the Fine; and it Cognifor that levied the fame. 2 Inft. 5.13.
beginneth thus, Hac eft finalis Concordia facta in Cu- Cognilec of a Fine levied of Lands, do pay Money
via Domini Regis apud Weftm. a die Pafche in quinde- unto the Cognifor at the Time of the Fine levied,
cine dies anno, &c. 2 Inft. 511, 517. 'Tis faid, the and there is no Ufc declared of the Fine, the Law
Concord being the compleat Fine, it fhall be ad- will conftrue the Fine to the Ufe of the Cogniſee:
judged a Fine of that Term in which the Concord And if there be no Money paid by the Cognifee, nor
was made, and the Writ of Covenant returnable. any Ufe declared, the Fine fhall enure to the Cog-
1 Salk. 341. A Concord cannot be of any Thing nifor that levied it. Pafch. 23 Car. B. R.
but what is contained in the Writ of Covenant: And Fine is levied to the Ufe of two Perfons in Tail,
the Note of the Fine remaining with the Chirogra &c. in Confideration of Marriage, though the Deed
pher, it hath been held, eft Principale Recordum. 3 to lead its Ufes do not mention any Marriage had
Leon. 234. As to Fines, there are various Kinds: between them, yet it hath been adjudged that the
They are either with Proclamations, or without; Eftate-tail is executed before Marriage; for the
that with Proclamations, is term'd a Fine according Fine doth carry the Ufes, and they are perfected by
to the Statutes 1 R. 3. c. 7. and 4 H. 7. c. 24. And the Fine, notwithstanding the Confideration is per-
fuch a Fine is every Fine, that is pleaded, intended to
be, if it be not fhewed what Fine it is: And theſe
Fines are the best Sort, and moſt uſed; alfo if there
be Error in the Proclamations, it fhall be taken as
a good Fine at Common Law. 3 Rep. 86. A Fine
may ftand, though the Proclamations according to
the Statute are made irregularly; for Fines are
Where a
fected afterwards; but without a Fine, the Marriage
must be had, before any Ufe could arife. 1 Leon. 138.
If a Feme Covert alone declares the Ufes of a Fine
intended to be levied by Husband and Wife of her
Land, and the Husband alone declares other Ules;
it hath been held that both Declarations of Uſes
are void, and the Ufe fhall follow the Ownership of
the
FI
FI
1
•
refer-
•
the Lands: But in another Cafe, it was determined not to a Stranger. Dyer 33, 69. 2 Rep. 39. To make
that the Ufes declared by the Wife were void; and a Leafe for Years, c. by Fine with a Render; the
the Ufcs declared by the Husband, good only againft Leffce muft acknowledge the Land to be the Right
himſelf, during the Coverture. 2 Rep. 56. If Huf- of the Leffor that is feifed thereof, and then fuch
band and Wife levy a Fine of the Lands of the Wife, Leffor grants and renders the fame back again to
and he alone declares the Ufes, this fhall bind the the Leffce, for a certain Number of Years,
Wife, if her Diffent doth not appear; becauſe o-ving Rent, &c. and this is a good Fine: But if the
therwife it fhall be intended that he did confent. Leffor be Tenant in Tail, then to bind him, he and
Ibid. 59. Though there be a Variance between a the Leffee, are to acknowledge the Tenements the
Deed declaring Ufes, and the Fine levied; yet if Right of A. B. who is to render the fame Fine to
nothing appears to the contrary, fuch Fine by Con- Leffce for Years, the Remainder to the Leffor and
ftruction of Law fhall be to the Ufes declared in his Heirs, &c. 44 E. 3. 45. See 2 Leon. 206. A Fine
the Deed, and which is Evidence thereof: And and Render is a Conveyance at Common Law, and
where a Fine varies from a former Defcription, it makes the Cognifor on the Render back a new
has been held that a new Deed made after, will de- Purchafer; by which Lands arifing on the Part of
clare the Ufes of the Fine. 1 Ld. Raym. 289, 290. the Mother, may go to the Heirs on the Part of
"Tis faid not to be abfolutely neceffary, to infert the the Father, &c. 1 Salk. 337. 2 Nelf. Ab. 864 The
Word Ufe, in the Declaration of Ufes of Fines; for Fine Sur Conceffit is where the Cognilor is feiled of
any Words which fhew the Intent of the Parties the Lands contained therein, and the Cognifce hath
will be fufficient. Ibid. A Fine fur Cognizance de no Freehold in it, but it paffeth by the Fine: This
Droit come ceo, &c. may not be levied to any Fine is ufed to grant away Eftates for Life, or
Perfon but one that is Party to the Writ of Cove Years; and it is executory, fo that the Cognifees
nant, though a Vouchee, after he hath entered muft enter or have a Writ of Hab. fac. Seifinam to
into the Warranty to the Demandant, it is faid obtain Poffeffion; if the Parties to whom the E-
may confefs the Action, or levy a Fine to the De- ftate is limited, at the Time of levying fuch Fine,
mandant, for he is then fuppofed to be Tenant of be not in Poffeffion of the Thing granted. A Fine
the Land, though he is not a Party to the Writ; Sur Cognisance de Droit tantum is alſo a Fine execu
and yet a Fine levied by the Vouchee to a Stranger, tory, and much of the Nature of a Fine fur Concef-
is void. No fingle Fine can be with a Remainder fit; it is commonly made ufe of to pafs a Rever-
over to another Perfon not contained in it: But fion, and then it is expreffed by fuch Fine that the
if A. levy a Fine to B. Sur Cognisance de Droit come particular Eftate is in another, and that the Cog-
ceo, and B. by the fame Concord grants back the nifor willeth that the Cognifce fhall have the Re-
Land again to A. for Life, Remainder to E. the verfion, or that the Land fhall remain ro him af-
Wife of A. for her Life, Remainder to A. and his ter the particular Eftate is spent: And fometimes
Heirs; this will be a good Fine. Plowd. 248, 249. it is ufed by Tenant for Life, to make a Releaſe
A Fine fur Done Grant & Render, is a double Fine, (in Nature of a Surrender) to him in Reverfion,
being in a Manner two Fines, i. e. A Fine fur Cogni but not by the Word Surrender; for it is faid a par-
fance de Droit come ceo, &c. and a Fine für Conceffit, ticular Tenant, as for Life, c. cannot furrender
both formed into one; whereby the Cognifee, af his Term to him in Reverfion by Fine; but he may
ter a Releafe and Warranty made to him by the grant and releafe to him by Fine. Plowd. 268. Dyer
Cognitor of the Lands contained therein, doth grant 216. A Fine upon a Releaſe, &c. fhall not be in-
and render back to the Cognifor the Lands, &c. tended to be to any other Ufe, but to him to w
thereby oftentimes limiting Remainders to Perfons it is levied. 3 Leon. 61. A Fine is called a Feoffment
that are Strangers, and not named in the Writ of of Record, and is of great Antiquity, for we read of
Covenant. This Fine is partly executed and partly Fines before the Conqueft. 2 Inft. 511. But it hath
executory; and as to the firft Part of it, is altoge-been held, that a Fine is improperly called a Fcoff-
ther of the fame Nature with a Fine fur Cognisance de ment of Record; though it hath the Effc&s of a
Droit come ceo; but as to the fecond Part, containing Feoffment, where he that levies it is feifed of the
a Grant and Render back, it is taken in Law to be Freehold at the Time of the Fine levied. I Salk.
rather a private Conveyance or Charter between 340. Lands bought of divers Perfons, by feveral
Party and Party, and not as a Writ or Judgment Purchafers, may pafs in one Fine, to fave Charges;
Record: And this Render is fometimes of the but the Writ of Covenant must be brought by the
whole Eftate, and fometimes of a particular Eftate, Vendees against all the Vendors, and every Vendor
If a Feme fole
with Remainder or Remainders over; or of the warrant against him and his Heirs.
Reverfion, and fometimes with Refervations of marries after the Dedimus Poteftatem to take her
Rent and Claufe of Diftrefs, and Grant thereof o-Fine, &c. the Fine fhall nevertheleſs be paffed as her
ver by the fame Fine. 5 Rep. 38. A. B and C. D. le- Fine. Dyer 246. And if either of the Parties Cog-
vied a Fine of Lands, and the Cognifce by the famenifors die after the King's Silver is entered, the
Fine rendered back the Land to A. B. in Tail re- Fine fhall be finished, and be good. 1 Cro. 469. A
ferving a Rent to himself, &c. the Rent and Re-Record of a Fine may be amended, (if the King's
verfion fhall pafs, though in one Fine; and it fhall Silver is paid) where it is the Mifprifion of the
enure as feveral Fines. Cro. Eliz. 727. It is faid, a Clerk. 5 Rep. 43. A Fine is perfe&t, when the King's
And tho' one
Grant and Render of Land, cannot be immediately Silver is paid thereon. 1 And. 229.
in primo Gradu to a Perfon who is no Party to the Concord will ferve for Lands that lie in divers
Writ; but mediately or in fecundo Gradu it may. 3 Counties; yet there must be feveral Writs of Co-
A Concord of a Fine
Rep. 514. Bro. 108. The Fine with Grant and Ren- venant. 3 Inft. 21. Dyer 227-
der, differs from the Fine fur Cognifance de Droit come may have an Exception of Part of the Things men-
c. as that must be levied of the Land in the O- tioned therein: And if more Acres are named,
riginal; but the Grant and Render may be of ano- than a Man bath in the Place, or are intended to
ther Thing than is expreffed in the Original. Tho' be paffed; no more fhall pafs by the Fine than is a-
to make a good Grant and Render, the Land ren- greed upon. 1 Leon. 81. 3 Bulft. 317, 318. A Fine
dered muſt paſs to the Cognifee by the Fine; for he as well as a Deed may be covinous, and avoidable
cannot render what he hath not. 3 Rep. 98, 510. for this; where it is fuffered by Fraud to deceive a
Hugh's Abr. 936. A Man may not by this Fine rc- Purchafer, or Creditor, &c. 3 Rep. 80. 16 H. 7. 5.
ſerve to himſelf a lefs Eftate by Way of Remainder
than the Fee: And the Render of a Rent, (if any
be) must be to one of the Parties to the Fine, and
upon
ceo,
:
4
whom
Form
*
4
•
FI
1
FI
ceafe of the faid E. the faid Manor with the Appurtenan-
ces, shall remain to the right Heirs of the faid T. &c.
Form of a Præcipe and Concord of a Fine fur Cognisance And for this, &c.
de Droit come ceo, &c.
South'ton, J. Command 4. B. that he juftly and Form of a Fine fur Cognisance de Droit tantum, by
without Delay, perform to B. D. the
Covenant made between them, of one
A
Husband and Wife.
Meffuage, forty Acres of Land, fixty Middlefex, . Command A. B. and E. his Wife, that
Acres of Meadow, and feventy Acres
of Pafture, &c. with the Appurtenances
in R. And unleſs, &c.
ND the Agreement is ſuch, that is to fay, That
the Said A. bath acknowledged the Tenements a-
forefaid, with the Appurtenances, to be the Right of the
faid B. as that which the faid B. hath of the Gift of the
faid A. and those he hath remiſed and quit claimed, from
him and his Heirs, to the aforefaid B. and his Heirs for
ever. And moreover, the faid A. bath granted for him-
Self and his Heirs, that they will warrant to the faid B.
and his Heirs, the faid Tenements, with the Appurtenan-
ces, against the faid A. and his Heirs for ever. And for
this, &c.
A
they justly perform to L. D. the Cove-
nant made between them, of the third
Part of three Meffuages, three Tofts,
three Gardens, two hundred Acres of
Land, fixty Acres of Meadow, and
one hundred Acres of Pafture, with
the Appurtenances, in K. H. and B.
And unless, &c.
ND the Agreement is fuch, (to wit) That the faid
A. and E. have acknowledged the faid third Part
of the Meffuages, with the Appurtenances, to be the
Right of the ſaid L. and have granted that the faid third
Part with the Appurtenances, (which J. R. Vidow, at
the Day when this Agreement was made, holds for her
Life) of the Inheritance of the faid E. and whi.h after
the Death of J. R. ought to revert to the faid A. and E.
•
Form of a Fine fur Done Grant and Render, called a ball immediately after the Death of the faid J. R. re-
Double Fine.
Dorfet, f. Command W. B That he justly and with-
out Delay, perform to T. D. the Covenant
made between them, of the Manor of,
c. with the Appurtenances in D. And
unless, &c.
A¹
ND the Agreement is fuch, to wit, That the faid
W. bath acknowledged the faid Manor, with the
Appurtenances, to be the Right of him the faid T. as that
which the faid T. bath of the Gift of the faid W. and
main to the faid L. and his Heirs for ever: To bold, &c.
And moreover the faid A. and E. have granted for them-
felves, and the Heirs of the faid E. that they will war-
rant to the faid L. and his Heirs, the faid third Part
with the Appurtenances, (as aforefaid) against them the
faid A. and E. and the Heirs of the faid E. for ever.
And for this, &c.
A Fine fur Conceffit upon a Grant for ninety-nine
Years.
that he hath remifed and quit-claimed, from him the faid Berks, J. Command A. B. that he justly, &c. per-
W. and his Heirs, to the faid T. and his Heirs: And
further, the faid W. hath granted for himself and his
Heirs, that they will warrant to the faid T. and his
Heirs, the aforesaid Manor with the Appurtenances, a-
gainst the faid W. and his Heirs for ever: And for this
Acknowledgment, Remife, Quit-claim, Warranty, Fine
and Agreement, the faid T. hath granted to the faid W.
and his Heirs, the annual Rent of Twenty Pounds, iſſu
ing out of the faid Manor, with the Appurtenances; and
form to C. D. the Covenant made bet cen
them, of the Manor of, &c. with the Ap-
purtenances; and of two hundred Acres
of Land, three hundred Acres of Meadow,
and one hundred and eighty Acres of Pa-
fture, with the Appurtenances, in R. And
unless, &c.
that he hath rendered to him, &c. for him the faid W. A ND the Agreement is fuch, that is to fay, That
and his Heirs, to have and receive the faid Rent, at the
Feasts of the Annunciation of the Blessed Virgin Mary,
and St. Michael the Archangel, by even and equal Por
tions to be paid yearly for ever. And if it shall happen
that the faid Rent of Twenty Pounds be in arrear, in
Part or in all, after any of the faid Feafts whereon it
ought to be paid, then it fhall be lawful for the faid W.
and his Heirs to enter into the faid Manor, with the Ap
purtenances, and diftrain, and to drive and carry away,
and retain in his own Poffeffion the Difirefs there taken
and had, until the faid Rent with the Arrears thereof, if
any be, fhall be fully paid and ſatisfied.
If the Render on the Fine be of the whole Manor,
and not a Rent, &c. out of it, then it is in the fol
lowing Form:
ND Remiſe, Quit
the faid A. bath granted to the faid C. the faid
Manor and Tenements, with the Appurtenances: To have
and to hold to the faid C. from the Feast of St. Mi-
chael the Archangel last past, until the End of the Term
of, &c. Years, from thence next enfuing, and fully to be
compleat and ended, without Impeachment of Wafe;
Yielding and paying therefore yearly, to the faid A.
and his Heirs a Pepper Corn, at the Feast of the Nativity
of St. John the Baptift, if demanded. And the faid A.
and his Heirs, warrant to the faid C. the ſaid Manor
and Tenements with the Appurtenances, as aforesaid, a-
gainst the faid A. and his Heirs, during the whole Term
aforefaid. And for this, &c.
Taken and acknowledged the
Day and Year, &c. before, &c.
AW for this knowledgement, the said claim Form of an Indenture to lead the Ufes of a Fine, on
Warranty, Fine T. bath
granted to the faid W. the Manor, &c. aforesaid, with
the Appurtenances; and that he hath rendered to him,
&c. To have and to hold, to the ſaid W. and the Heirs
which he shall beget on the Body of E. his Wife: And if
it shall happen that the faid W. fhall die, without Heirs
by him begotten on the Body of the faid E. then after the
Death or Deceafe of the faid W. the faid Manor, with
the Appurtenances, fhall wholly remain to the faid E.
during the Life of her the faid E. And after the De
TH
a Purchaſe.
HIS Indenture made, &c. Between W. B. of,
&c. Efq; and A. his Wife, of the one Part, and
T. D. of, &c. of the other Part, Witneffeth, That for
and in Confideration of the Sum of 10001. of lawful
British Money to the faid W. B. and A. his Wife in
Hand paid by the faid T. D. The Receipt whereof they
do hereby acknowledge, and for divers other good Caufés
and Confiderations, he the faid W. B. kath covenanted and
4 N
granted
?
:
FI
FI
f
1
•
granted, and by thefe Prefents doth covenant and grant, to fhall be and enure, and shall be adjudged, esteemed, and
and with the faid T. D. bis Heirs and Affigns, That he taken to be and enure; and the faid C. D. and his Heirs,
the faid W. B.. and A. his Wife, fhall and will on this and all and every other Perfon and Perfons, and his and
Side, and before the End of Eater Term next coming, their Heirs now standing and being feifed, or which at
before the King's Majesty's Justices of his Court of Com- the Perfecting of the faid Fine fhall ftand or be feifed of
mon Pleas at Westminster, in due Forni of Law, levy the faid Manor and Premiffes, or any Part thereof, shall
and acknowledge unto the faid T. D. and his Heirs, one at all Times hereafter stand and be feifed thereof, and of
Fine fur Cognisance de Droit come ceo, &c. with every Part thereof, with the Appurtenances, to and for the
Proclamations to be thereupon had, according to the Form of feveral Ufes, Intents and Purpoſes herein after limited,
the Statute in that Cafe made and provided, of all that expreffed and declared, (that is to fay) As for and con-
Meffuage or Tenement, with the Appurtenances, fituate, cerning the faid Manor, with its Rights, Members, and
&c. And also of all thofe Pieces or Parcels of Land ly- Appurtenances, and all and fingular the Meuages, Cot
ing and being, &c. and containing, &c. with all and tages, Lands, Tenements, Commons, Waftes, Wafte
fingular their Appurtenances; all which faid Prem fes Grounds, Mines, Royalties, Rents and Hereditaments
were formerly purchased of, &c. and are now in the Te whatsoever, to the fame Manor belonging or appertaining,
nure of, &c. And also of the Reverfion and Reverfions, or accepted, reputed, or taken as Part, Parcel, or Mem-
Remainder and Remainders, Rents and Services of the ber thereof, to the Ufe and Behoof of the faid A. B. and
faid Premiffes abovementioned, and of every Part and M. B. for and during the Term of their natural Lives,
Parcel thereof, with the Appurtenances, by fuch Name and the Life of the longest Liver of them, without Im-
and Names, Quantity and Number of Acres and Things, peachment of or for any Manner of Wafte; and with full
and in fuch Manner as by the faid T. D. or his Counfel Power and Authority for the faid A. B. alone, during his
learned in the Law fhall be reafonably devifed or adviſed Life, and after his Death, for the fame M. alone, du-
and required. Which faid Fine fo to be had and levi-ring her Life, to make and grant any Leafe or Leafes,
ed; and all and every other Fine and Fines already had, or Grant or Grants by Copy of Court-Roll, for one, two,
or at any Time bereafter to be had, levied, fued or profe- or three Life or Lives, in Poffeffion or Reverfion, of any
cuted of the faid Premiffes, or any Part thereof, by it Lands or Tenements, Parcel of the faid Manor, which
Self or jointly, with any other Lands or Tenements, by or have been usually fo granted; provided that there shall be
between the faid Parties to thefe Prefents, or by or be no more than three Lives at any one Time in Being on
tween them, or any or either of them, and any other Per-the faid Premises, or any Part thereof, and fo as the
fon or Perfons, as for and concerning all and fingular the
faid Premijes abovementioned with the Appurtenances,
Thall be and enure, and shall be adjudged, esteemed, and
taken to be and enure, to and for the only proper Ufe and
Behoof of the faid T. D. his Heirs and Affigns for ever,
and to and for none other Ufe, Intent or Purpose whatfe-
In Witness, o co
ever.
And as for
ufual Rents, Heriots and Services, or more fhall be reſerved
on fuch Leafes and Copies refpectively; and front and
after the Deceafe of the faid A. B. and M. his Wife,
and the Survivor of them, then to the Ufe and Behoof of
the right Heirs of the faid A. B. for ever.
and concerning all and fingular the faid Meffuage or
Farm called, &c. with the Appurtenances, whereof the
faid Fine fhall be fo levied, and whereof no Ufe is herein
before declared, to the only proper Ufe and Behoof of the
An Indenture declaring the Ufes of a Fine, by Way faid A. B. &c. his Heirs and Aſſigns for ever; and to
TH
of Settlement.
:
and for none other Ufe, Intent or Purpoſe whatſoever. In
Witness, &c.
HIS Indenture made, &c. Between A. B. of,
&c. Efq; and M. his Wife, of the one Part, and A Fine may be levied of any Things whereof a
C. D. of, &c. of the other Part, Witneffeth, That the Pracipe quod reddat lies; as of Manors, Meffuages,
faid A. B. and M. his Wife, for the Settling and Afu- Lands, Rents, &c. or of any Thing whereof a Pre-
ring of the Manors, Lands, Tenements, Hereditaments cipe quod faciat lies, as Cuftoms, Services, &c. or
and Premiffes herein after mentioned, to the feveral Ufes whereof a Præcipe quod permittat, or Precipe quod te-
herein after declared and limited, and for divers other good reat may be brought. 2 Inft. 513. And almost any
Caufes and Confiderations, he, the faid A. B. bath cove- Kind of Contract may be made and expreffed by a
nanted and granted, and by thefe Prefents doth for him-Fine, as by a Decd; and therefore it may be fo
Self, his Heirs and Affigns, covenant and grant, to and made that one of the Parties fhall have the Land,
with the faid C. D. his Heirs and Affigns; and the faid and the other a Rent out of it; and that one fhall
M. Wife of the faid A. B. doth hereby confent and agree, have it for a Time, and another for another Time;
that the faid A. B. and M. his Wife jhall and will, be- alfo a Leafe for Years, or a Jointure for a Wife,
fore the End of Michaelmas Term next enfuing, acknow- may be made; and a Gift in Tail, and a Remain-
ledge and levy in due Form of Law, before his Majefty's der over, may be limited and created thereby. 1
Justices of the Court of Common Pleas at Weftmin- Rep. 76. The King, and all Perfons who may law.
fter, unto the faid C. D. his Heirs and Affigns, one Fine fully grant by Deed, may levy a Fine; but not In-
fur Conufance de Droit come ceo, &c. with Procla-fants, Ideots, Lunaticks, &c. 7 Rep. 32. Civil Cor-
mations to be thereupon had according to the Form of the porations, as Mayor and Commonalty, &c. may
Statute in that Cafe made, of all that the Manor of, &c. levy a Fine of Land belonging to their Body: But
And of all that Meſſuage or Farm called, &c. and alfo Bifhops, Deans and Chapters, Parfons, c. are re-
the Reverfion and Reverfions, Remainder and Remain-trained from levying of Fines to bind their Succef
ders, Rents and Services of the faid Manor and Premif- fors. All Perfons that may be Grantees, or that
fes abovementioned, and of every Part and Parcel thereof may take by Contract, may take by Fine: Though
avith the Appurtenances, by the Names of twenty five in Cafes of Infants, Feme Coverts, Perfons attaint-
Meuages, fifteen Cottages, two Mills, four hundred ed, Aliens, &c. who, it is faid, may take by Fine,
Acres of Land, three hundred Acres of Meadow, five before the Ingroffing of the Fine, there goes a Writ
hundred Acres of Pafture, thirty Acres of Wood, and thir-to the Juftices of C. B. quod permittat finem Levari.
ty Pounds Rent, and Common of Pasture for all Manner Litt. 669. Tenant in Fee-fimple, Fee-tail general,
ef Cattle, &c. with the Appurtenances in, &c. aforefaid. or fpecial, Tenant in Remainder or Reverfion, may
And it is hereby agreed by and between the faid Parties levy a Fine of their Eftates; fo may Tenant for
to theſe Preſents, and the true Meaning hereof is, and it
is hereby fo declared, That the Fine fo as aforefaid, or in
any other Manner to be bad and levied of the faid Manor
and Premiffes, or any Part thereof; and also all and every
other Fine and Fines already bad, levied, or to be had
and levied of the fame Premises, or any Part thereof,
5
*
Life, to hold to the Cognifee for Life of Tenant
for Life: But a Perfon who is Tenant, or hath
an Intereft only for Years, cannot levy a Fine of his
Term to another. 3 Rep. 77. 5 Rep. 124. As Fines
may be levied of Things in Poffeffion; fo they may
be levied of a Remainder or Reverfion, or of a
Right
1
FI
FI
ப்
་
i
.
A
Right in futuro. 3 Rep. 90. But if a Leffee for pel during her Life, and the Tenant may plead,
Years, or a Diffeilee, or one that hath Right only to that the by fuch a Name levied the Fine, 1 Aff. pl.
Reverfion or Remainder, levy a Fine to a Stran- 11. Brook 117. When the Husband and Wife join
ger that, hath nothing in the Land, this Fine will be in a Fine of the Wife's Lands, all the Eftate paf
void or voidable as to the Stranger; and he that feth from her, and he is joined only for Conformi-
hath Caufe to except againft it, may fhew that the ty; fo that if the Fine levied by Husband and Wife
Freehold and Seifin was in another at the Time of in fuch a Cafe be reverfed, the fhall have Reſticu-
the Fine levied, and that Partes Finis nihil habuerunt tion. 2 Rep. 77. A Husband and his Wife cove-
tempore Legationis, Finis, and by this avoid the Fine: nanted to levy à Eine of the Lands of the Wife, to
And yet a Diffcifor, who hath a Fee fimple by the Ufe of the Heirs of the Body of the Husband
Wrong in him, may levy a Fine to a Stranger that on the Wife, Remainder to the Husband in Fee;
bath nothing in the Land, like unto one that is both dying without Iffue; it was held that the Heir
rightfully failed of Land in Fee, &c. and it will be of the Wife had the Title, because the Limitation
a good Fine. Plowd. 353 3 Rep. 87. If the Cog to the Heirs of the Body of the Husband was
nifor of a Fine hath nothing in the Land paffed, at merely void, there being no precedent Estate of
the Time of the Fine levied, the Fine may be a Freehold for Life, &c. to fupport it as a Remain-
voided: But where the Cognifor or Cognifee is der. 2 Salk. 675. 4 Mod. 153. If a Widow having
feifed of an Estate of Freehold, whether by Right an Eftate in Dower accept of a Fine, and by the
or by Wrong, the Fine will be a good Fine in Point fame Fine render back the Land for 100 Years, &c.
of Eftate, 41 E, 3. 14. 22 Hen. 6. 43. 27 Hen. 8. this is a Forfeiture of her Eftate within the Stat.
Fines may be had of all Things in Effe tempore Finis, 11.H. 7. 20. by which Statute fhe may not make
which are inheritable; but not of Things uncertain; a greater Eftate than for her own Life; if fhe do,
or of Lands held in Tail by the King's Letters Pa- it is a prefent Forfeiture. 2 Cro. 689. If Tenant
tent; of Land restrained from Sale by Act of Par- for Life grants a greater Eltate by Fine than for:
liament, or of Lands in Right of a Man's Wife, his own Life, it is a Forfeiture: And if there be
without the Wife, &c. 5 Rep. 225. Weft. Sect. 25. Tenant for Life, and Remainder for Life, and the
Lands affured for Dower, or Term of Life, or in Tenant for Life levy a Fine to him in Remainder
Tail, to any Woman by Means of her Husband, and his Heirs, both their Eftates are forfeited, the
or his Anceſtors, cannot be conveyed away from Tenant for Life by Levying the Fine, and the Re-
her by Fine, c. without her Act: But if a Woman mainder-Man for Life by accepting it. 2 Lev. 209.
and her Husband levy a Fine of her Jointure, fhe is Where a Fine is levied by Tenant for Life, for a
barred of the fame; though if the Jointure be greater Eftate, the Fine may be good; but it is a
made after Coverture, when the Wife hath an E-Forfeiture of the Eftate of Tenant for Life, whereof
lection to have her Jointure or Dower on the Huf he in Remainder, &c. may take prefent Advan-
band's Death, it is faid this will be no Bar of her tage and enter: And when a Perfon enters for a
Dower in the Refidue of the Land of the Husband. Forfeiture, all Eftates are avoided. Dyer III. Tho'
Dyer 358. Leon. 285. No Fine of the Husband a- if fuch a Tenant for Life levy a Fine fur Grant &
lone, of the Lands of the Wife, fhall hurt her, but Releafe to the Cognifee for the Life of Tenant for
that he or her Heirs, or fuch as have Right may Life; or by Fine grant a Rent out of the Land for
avoid it; but if he joins with him, it shall bind a longer Time, the Fine is good, and there will be
her and her Heirs. 37 H. 8. Women Coverts ought no Forfeiture of the Eftate of Tenant for Life: So
to be cautious in levying Fines with their Husbands likewife if a Fine be levied of Lands by Tenant for
of their own Lands; and if a married Woman un-Life to a Stranger, who thereby acknowledges all
der Age levies a Fine of her Lands, the cannot re- his Right to be in the Tenant for Life, and re-
verfe it during her Husband's Life, nor after his leafes to him and his Heirs. 27 Ed. 1. 1. 44 Ed. 3.
Death, if he be of full Age when he dies; but if 36. If there be Tenant in Tail upon Condition
the Husband dies during her Minority, the may. not to alien, or diſcontinue the Lands, &. if he
Dyer 359. Wood's Inft. 243. A married Female ought
not to be admitted alone without her Husband to
levy a Fine; and if he be received, the Husband Leon. 292. An Eftate being fettled on Husband
may avoid the Fine by Entry; but if he do not, it and Wife for Life, Remainder to first and other
is good to bar her and her Heirs, except fhe be an Sons in Tail, with Remainders over; after the Birth
Infant at the Time of the Fine levied: The Huf of their éldeft Son, they by Releafe and Fine, mort
band and Wife together may difpofe of her Land, gaged the Lands: On a Bill exhibited against the
c. 12 Rep. 122. If Baron and Feme levy a Fine, Son to Redeem, &c. he pleaded the Marriage Set-
the Feme within Age, the may be brought into tlement of his Father and Mother, whereby they
Court by Habeas Corpus; and if it be found by In- were but Tenants for Life, and that this Fine was a
fpection, that she is under Age, it hath been adjud- Forfeiture of their Eftate; and fo it was adjudged.
ged, where the Baron and Feme brought a Writ of Preced. Canc. 591. But it is faid where a Wife by
Error, that as to both, quod Finis Revocetur. 1 Leon. Settlement has only a Truft for Life, if ſhe joins with
116, 117. 3 Salk. 168. Husband and Wife, Tenants her Husband in a Mortgage in Fee and Fine of the
in Special Tail, the Husband only levies a Fine, Lands; this Truft is not forfeited, as it would
this bars the Iffue in Tail; but it remains in Right be in Cafe of a legal Eſtate. 1 Peere Williams
to the Wife as to herſelf, and to all the Eftates 147. A Fine is levied by Leffee for Life, co
and Remainders depending upon it, and all the who continues the Poffeffion, and pays the Rent;
Confequences of Benefit to herself and others, foit fhall not bind the Leffor, who fhall have five
long as he lives, as if the Fine had not been levi- Years Claim after the Determination of the Leffee's
ed. Hob. 257, 259. If a Husband make a Feoffment Ettate, &c. 3 Rep. 77, 78. If one doth levy a
of the Wife's Land, upon Condition, which is bro-
ken, and the Feoffee levies a Fine, and the Huf
band and Wife die having Iffue, and five Years
pafs; the Heir is barred to enter as Heir to the
Father upon the Condition, but he shall have five
Years after the Death of his Father, as Heir to his
Mother. Plod, 367. If a Woman with her fecond
Husband acknowledge a Fine, it fhall not bind her;
though if the levies a Fine with her right Husband
by a wrong Chriftian Name, fhe is bound by Eftop
•
doth, the Donor to re-enter, and his Iffue levy a
Fine of the Land, this is a Forfeiture of the Eftace.
Fine of my Land, while I am in Poffeffion, this
will not hurt me; nor where a Stranger levies a
Fine of my Lands let to a Tenant, if the Te-
nant pays me his Rent duly: And if there is Tc-
nant in Tail, or for Life, Remainder in Tail, &c.
And the firft Tenant in Tail or for Life, bargains
and fells the Land by Deed inrolled, and levies
a Fine to the Bargainee, the Remainders are not
bound; for the Law adjudges thein always in Pof-
feffion. 9 Rep. 106. Leffees who pretend Title to
the
ļ
FI
FI
the Inheritance of the Lands, cannot by Fine bar 377. Alfo he that is privy in Blood only, and
the Inheritance. 3 Rep. 77. But if a Leafe is made not in Eftate, is not within the Statutes to be bar-
for Years, and the Leffor before Entry of the Lef red by a Fine: As if Lands are given to a Man and
fee levics a Fine with Proclamations, and the Leffee the Heirs Females of his Body, and he hath a Son
doth not make his Claim within five Years, the Lef and a Daughter, and the Son levies a Fine, and dies
fee is barred, and no Relief can be had for him; without Iffue, this is no Bar to the Daughter; for
for though the Leffee for Years cannot levy a Fine, notwithstanding fhe be Heir to his Blood, yet the
yet he fhall be barred by a Fine levied by the Te-is not Heir to the Eftate, nor need make her Con-
nant of the Land, Sc. 5 Rep. 124. If a Perfon hath veyance to it by him; but if her Father had levied
a Remainder depending on an Eftate for Years, and the Fine, it would have been otherwife. Trin. 21
the Termor is diffeifed, and a Fine is levied and five Fac. A Fine, &c. cannot deftroy an executory E-
Years pafs, &c. the Termor and Reverfioner are ftate, which depends upon Contingencies, as it is
barred: Becauſe the Termor might prefently have uncertain whether there will ever be an Eſtate in
entered, and he in Remainder had an Affife. Weft. Being for the Fine to work upon; but a Fine and
Sect. 183. In Cafe a Perfon enters upon and puts Recovery will bar an Estate in Remainder, as that
out a Copyholder, and the Diffeifor doth levy a is an Eftate vefted. 1 Lill. Abr. 617. Eftates by Sta-
Fine of the Lands, if the Copyholder fuffer five tute Merchant, Statute-Staple, and Elegit, may be
Years to pass after the Diffeifin and Fine, without barred, if a Fine is levied, and thofe that have Right
making any Claim, the Intereft of the Copyholder fuffer five Years to pafs without Claim, &c. 5 Rep.
and his Lord are hereby barred for ever: And if a 124. If a Fine be levied of Lands in Ancient De-
Copyholder makes a Feoffment in Fee upon good mefne, it doth not bar by the Statute of Non-claim.
Confideration, and the Feoffee levies a Fine with Lut. 781. As Deans, Biſhops, Parfons, &c. are
Proclamations, and five Years pafs, the Lord is bar- prohibited by Statute to levy Fines, and may not
red; but if a Copyholder himſelf levies a Fine and have a Writ of Right; they are not barred by five
five Years do pafs, the Lord is not barred, for the Years Non-claim, and their Non-claim will not pre-
Copyholder not having a Freehold, the Fine will be judice their Succeffors. Plowd. 238, 375. If a Ĉor-
void. Wood's Inft. 247, 248. A Fine of Ceftui que Truft poration which hath an abfolute Eftate, fo as to
fhall bar and transfer a Truft, as it fhould an E-maintain a Writ of Right, is diffeiſed of Land, and
ſtate at Law, if it were on a good Confideration. a Fine is levied by the Diffeifor; if they claim not
Chanc. Rep. 49. And Fines of Ceftui que Ufe are as good in five Years, they are barred: But in fuch Cafe
as if levied of immediate Poffeffions, c. 1 R. 3. 2 it is faid, that every Succeffor being Head of the
Nelf. Abr. 860. Interefts in Eftates which may be bar- Corporation, may have a new five Years to make
red by Fine, are either Interefts by Common Law, or their Claim. Plewd. 537. By the ancient Common
by Cuftom; as Copyholds, &c. And if I have a Fce Law, he that had Right was to make his Claim,
fimple, and am diffeifed, and the Diffeifor levies a . within a Year and a Day of the Fine levied and
Fine with Proclamations, and I do not claim within the Execution thereof, or he was barred for ever:
five Years after, I and my Heirs (Allowance being But this Bar is now gone; and if a Fine without Pro-
made for Impediments) are barred for ever. Plowd. clamations according to the Common Law be now
353. 3 Rep. 79. If a Man purchaſe Lands of another levied, he that hath Right may make his Claim or
in Fee, and after finding his Title to be bad, and Entry, &c. at any Time to prevent the Bar. 1 Inft.
that a Stranger hath Right to the Land, levies a 254, 262. By Statute, a Claim or Entry to avoid
Fine thereof with Intent to bar him; and he fuffers the Bar of a Fine is to be made in five Years: And
five Years to pass without Claim, &c. he is barred of no Claim or Entry fhall avoid any Fine with Pro-
his Right for ever: And in thefe Cafes, none fhall clamations, unless an Action be commenced within
be relieved in Equity. 3. Rep. Doct. & Stud. 83, 155. one Year after fuch Entry, and profecuted with
A Fre with Proclamations levied by Perfons of Effect. I R. 3. c. 7. 4 5 Ann. c. 16. The Statutes
Lands entailed to them or their Ancestors, &c. is a of 4 Her. 7. c. 24. and 32 Hen. 8. c. 36. declare the
good Bar against their Heirs, claiming only by fuch Force of Fines how far they bar and take away the
Intail. 32 H. S. c. 36. Where the Anceftor is barred Entry or Action of Parties, Privies and Strangers,
by the Fine, there for the moft part the Heir is bar- having Right: Privies in Blood, as Heirs of the
red alo. 9 Rep. 105. Although the Iffue in Tail be Cognitor are barred prefently by a Fine; but
within Age, out of the Realm, &c. when a Fine is Strangers to the Fine, fuch as are not Parties nor
had and the Proclamations paffed; the Eftate-tail Privies, have five Years to enter and claim their
fhall be barred. 3 Rep. 84. If the Eftate paffed by Rights, &c. Plowd. 367, 375 Feme Coverts have
the Fine, be afterwards (before all the Proclamati- five Years after the Death of their Husbands, to
ons had) avoided, it is faid the Iffue in Tail are avoid the Fine of the Husband of the Wife's Lands;
barred by it. 3 Rep. 91. The Tenant in Tail to him and alfo to claim their Dower; and if they do not
and the Heirs Male of his Body hath three Sons, make their Claim in that Time by A&tion or En-
the Second levies a Fine in the Life of the Father, try, they are barred by Statute. Dyer 72. 2 Rep. 93.
and the Father dies; here the Eldeft is not barred. An Infant fhall have five Years after he comes of
But if the Elder die without Iffue, living the Se- Age, although he was in his Mother's Womb at the
cond, it is a Bar to the Third. Hob. 333. See Fenk. Time of the Fine levied. Plowd. 359. And an In-
Cent. 96. Tenant in Tail difcontinues; the Difcon- fant is allowed Time, during his Minority, to re-
tinuce levies a Fine with Proclamations, and five verfe his own Fine and prevent the Bar; and if not
Years pafs without Claim in the Life of Tenant in reverfed during that Time, their Fines will be good.
Tail: In this Cafe the Iffue may have a Formedon, Aff. pl. 53. Strangers out of the Realm at the Time
and ſhall not be barred; for his Father could not of the Fine levied, fhall have five Years after their
Claim. "Tis otherwife where he is diffeifed, and Return to prevent the Bar; and fo if they were in
the Diffeifor levies fuch Fine; there the Tenant in England when the Fine was levied, and within five
Tail may Claim, &c. Ferk. Cent. 192. A Tenant Years are fent in the King's Service by his Com-
for Life, and he that is next in Remainder in Tail mandment.
next in Remainder in Tail mandment. Plowd. 366. A Perfon in Scotland or
join in a Fine, it is a good Bar to the Iffue in Tail Ireland fhall be faid to be out of the Realm. 4 H. 7.
for ever, ſo long as that Eftate-tail fhall continue. Madmen, &c. have five Years after the Cure of
10 Rep. 96. But though a Fine bars the Eftate-tail their Maladies, and though the Infirmity happen
and the Iffue in Tail, yet it doth not Remainders after the Fine levied, if before the laft Proclama-
or Reverſions; tho' Recoveries bar them all. And tion. Plowd. 367. Dyer 3. And they who have di-
if one makes his Title as Heir by another, and not vers Defects, have five Years after the laft Infir
by him that levied the Fine, he is not barred. 1 Cro.mity removed; but if the Impediments are once
5
|
wholly
:
FI
FI
45.
·4
wholly gone, and afterwards the Party relapfes into
the like again, the five Years fhall begin immedi
ately after the first Removal; and if the Party dies,
his Heir fhall not have a new five Years. Plowd. 375.
Dyer 233. If a Feme Covert dies during the Cover-
ture, being no Party to the Fine, &c. or if an In-
fant being Party to the Fine, and having prefent
Right, dies in his Infancy: If a Perfon beyond Sea
when the Fine was levied, never return, &c. a Per-
fon in.Priſon dies whilft therein; or if one Non Com
pos, c. dies fuch, in all thefe Cafes, their Heirs,
are not limited to any Time. 2 Inft. 519, 520. Five
Years are given after a Remainder falls; and five
Years after the Forfeiture of Tenant for Life.
Plowd. 374. And he that hath two Titles, fhall
have two five Years to make his Claim. Fenk. Ca.
A future Intereft of another Perfon, cannot be
barred by Fine and Non-claim, until five Years after
it happens; as in Cafe of a Remainder or Rever-
fion.
2. Rep. 93. Raym. 151. And where there is no
prefent nor future Right in Land, &c. only a Pof
fibility at the Time of Levying the Fine, a Perfon
may enter and claim when he pleafes. 10 Rep. 49.
Alfo when there is only a Right to a Rent, & if
füing out of Lands, and not the Land in the Fine,
the Perſons that have, it are not barred at all. 5 Rep.
124. No Fine bars any Eftate in Poffeffion or Re-
verſion, which is not devefted and put to a Right.
9 Rep. 106. He that at the Time of a Fine levied
had not any Title to enter, fhall not be immedi-
ately barred by the Fine: But this is in Cafe of an
Intereft not turned to a Right, where a Man is not
bound to claim; and not in the Cafe of Tenant in
Tail, barring his Iffue. 32 Hen. 8. When an Eſtate
is put to a Right, and there comes a Fine and Non-
claim, it is a perpetual Bar. Carter 82, 163. A Fine,
Grant and Render was levied, and a Scire facias
brought and Judgment given, and alfo Writ of
Seifin awarded, but not executed; and afterwards
a fecond Fine was levied and executed, and five
Years paffed; it was the Opinion of the Court that
the fecond Fine barred the firft. March's Rep. 194.
2 Nelf. Abr. 864. If a Man that is attainted of Trea-
fon or Felony, levy a Fine of his Land; this, as to
the King and Lord of whom the Land is held, is void,
and no Bar to their Difadvantage and Title of For-
feiture: But as to all others it is a good Bar. 2 Shep.
Abr. 241. One levied a Fine, and then was outlawed
for Treafon and died; the Heir reverfed the Out-
lawry; and it was held the Wife fhould have her
Dower, if he bring her Action within five Years.
Moor cap. 879. Where a Fine thay be a Bar as
fome Lands, and not as to other Lands. Sce E N. B.
98. Plowd. A Fine was levied, and five Years paffed
without bringing a Writ of Error; and it was held
a good Bar within the Stat. 4 Hen. j. cap. 14. Cro.
Fac. 333,
But it has been adjudged that where five
Years pafs, that fhall not hinder, where the Fine is
crroneous. 2 Nelf. Ahr. S3S. And Fines may be re-
verfed for Error, fo as the Writ of Error be
brought in twenty Years, c. and not afterwards,
by Star. 10 & 11 W. 3. cap. 14. Fines are not re-
verfible for Rafure, Interlineation, Mifentry, &c.
or any Want of Form; but 'tis otherwife if of Sub-
flance. 23 Eliz A Fine fhall not be reverfed for
ſmall Variance, which will not hurt it; nor is
there Occafion for a precife Form in a Render up
on a Fine, because it is only an amicable Afurance
upon Record. 5 Rep. 38. If a Fine be levied of
Lands in a wrong Parish, though the Parish in
which they lie be not named, it will be a good
Fine, and not be erroneous, being an amicable Af
furance: And a Fine of a Clofe may be levied by a
Lieu Conus in a Town, without mentioning the
Town, Vill, &c. Gedb. 440. 2 Cro 574. 2 Mod. 47.
If there be Want of an Original, or not Writs of
Covenant for Lands in every County; or if there is
any notorious Error, in the Suing out a Fine, or
to
any Fraud or Deceit, c. Writ of Error may be
had to make void the Fine. 1 Inft. 9. 1 Cro. 469. So
if either of the Parties dies before finished, &c. And,
if the Cognifor of a Fine die before the Return of
the Writ of Covenant, (though after the Caption of
the Fine) it is faid it may be reverſed. 3 Salk. 168.
A Writ of Error may be brought in B. R. to re-
verfe a Fine levied in C. B. and the Tranſcript only
not the very Record of the Fine is removed in theſe
Cafes: But if the Court of B. R. adjudge it erro-
cous; then a Certiorari goes to the Chirographer to
certify the Fine itſelf, and when it comes up it is
And where on a Writ of
cancelled. 1 Salk. 341.
Error in B. R. to reverfe a Fine in C. B. the Fine
was affirmed; a Writ of Error coram vobis Refiden.
hath been allowed to lie. Ibid. 357. The Court of
B. R. will not reverfe a Fire, without a Sci. fac. rc-
turned against the Tertenant, because the Cognifees
are but nominal Perfons. Ibid. 339. A Fine may be
fet afide, by pleading that neither of the Parties
had any Thing in the Eftate, at the Time of Levy-
ing the Fine, &c. But thofe that are privy to the
Perfon that levied the Fine, are cftopped to plead
this Plea. 3 Rep. 88. In the Pleading a Fine or Re-
covery to Ufes, the Deeds need not be fet forth; but
the Pleader is to fay, that the Fine, &c. was levied
to fuch Ufes, and produce the Deeds in Evidence
to prove the Ufes. 8 W. 3. B. R. A fraudulent
obtaining of a Fine, or Irregularity therein, cannot
be relieved against in Chancery; but must be in the
Court where levied, though the Officers may be
examined and punished, if they did it Criminaliter.
Preced. Canc. 150. And where one was perfonated
on levying a Fine, it was not fet afide in Equity,
but a Reconveyance ordered of the Land. Ibid. 151.
Fines levied before the Justices in Wales; or in the
Counties Palatine of Chefter, Durham, &c. have the
fame Effect as Fines levied before the Justices of
C. B. 34 35 H. 8. 2 & 3 Ed. 6. 5 Eliz. &c. Some-
times a Sum of Money paid for the Income of
Lands, c. let by Leafe, is called Fine. And Fine
alfo fignifies an Amends, or Punishment for an
Offence committed; in which Cafe a Man is faid
facere finem de Tranfgrefione cum Rege, &c.
in all Cafes it is a final Conclufion or End of Dif
ferences.
το
And
Fine adnullando levato Tenemento quod fuit
de antiquo Dominico, Is a Writ directed to the
Juftices of C. B. for difannulling a Fine levied of
Lands in Antient Demefne, to the Prejudice of the
Lord. Reg. Orig. 15.
Fines for lienation, Were Fines paid to the
King by his Tenants in Chief, for Licence to alien
their Lands according to the Statute 1 Ed. 3. c. 12.
But thefe are taken away by the Stat. 12 Car. 2.
cap. 24.
Fines for Dences. Among the Antients, all
Punishments were by Fine; but in Procefs of Time
this Sort of Punifliment became too mild, and then
for fome Crimes Death was inflicted. And a Fine
is a Sum of Money which one is to pay to the King,
for any Contempt or Offence against the Govern
ment. 3 Inft. 218. 3 Salk. 32. All Fines belong to
the King, and the Reaſon is, because the Courts
of Juftice are fupported at his Charge; and where-
ever the Law puts the King to any Charge for the
Support and Protection of his People, it provides
Money for that Purpoſe. Bract. 129. Where a Sta-
tute impofes a Fine at the Will and Pleaſure of the
King, that is intended of his Judges, who are to
Courts of Record only
impofe the Fine. 4 Inft. 71.
can fine and imprisen a Perfon: And fuch a Court
may fine a Man for an Offence committed in Court
in their View, or by Confeffion of the Party re
corded in Court. 1 Lill. Abr. 621. A Man fhall be
fined and imprisoned for all Contempts done to any
Court of Record againſt the Commandment of the
King's Writs, c. 8 Rep. 60. If a Perfon is arreft-
40
ed
FI
FI
2
*
to the King are eftreated into the Exchequer.
5.5.
ed coming to the Courts of Juftice to answer a Writ, a Court of Equity, and they have a Privy Seal for
the Offender doing it fhall be fined for the Contempt: it. Ibid. A Defendant being indicted for an Affault,
But there has been a Difference made where it is confeffed it, and fubmitted to a fmall Fine; and it
done by the Plaintiff in the Writ, and a Stranger, was adjudged that in fuch a Cafe he may produce
who it is faid fhall not be fined. 9 H. 6. 55. 1 Danv. Affidavits to prove on the Profecutor that it was fon
469. If an Officer of the Court neglects his Duty, Affault, and that in Mitigation of the Fine; though
and gives not due Attendance; a Clerk of the this cannot be done after he is found Guilty. 1 Salk.
Peace doth not draw an Indictment well in Matter 55. If a Perfon is found Guilty of a Mifdemeanor
of Form, or Return thereof, upon a Certiorari to re- upon Indictment, and fined, he cannot move to mi-
move the Indi&ment into B. R. If a Sheriff, c.tigate the Fine, unless he appear in Perfon; but one
make an infufficient Return of a Habeas Corpus if abfent may ſubmit to a Fine, if the Clerk in Court
fuing out of B. R. &c. Or if Juftices of Peace will undertake to pay it. 1 Vent: 209, 270. 1 Sall
procced on an Indictment after a Certiorari iffued to 2 Hawk. 446. It is a common Practice in the
remove the Indictment, the Court may fet a Fine Court of B. R. to give a Defendant Leave to speak
upon them. 1 Lill. 626. When a Juror at the Bar with the Profecutor, 2. e. to make Satisfaction for
will not be fworn, he may be fined. 7 H. 6. 12. And the Cofts of the Profecution, and alfo for Damages
if one of the Jury depart without giving his Ver- fuftained, that there may be an End of Suits; the
dict; or any of the Jury give their Verdict to the Court at the fame Time fhewing on that Account
Court before they are all agreed, they may be an Inclination to fet a moderate Fine on Behalf of
fined. S Rep. 38. 40 40 10. In Actions quare Vi the King. Wood's Inft. 653. And in Cafes where
Aff.
Armis, as Trefpafs, and the like; if Judgment Colts are not given by Law, after a Profecutor has
pafs against the Defendant in a Court of Record, accepted Cofts from the Defendant, he cannot ag-
he fhall be fined. 8 Rep. 59. But in Actions which gravate the Fine; becaufe having no Right to de-
have not fomething of Force, or Fraud, or Deceit mand Cofts, if he takes them, it shall be intended
to the Court; if the Defendant come the first Day by Way of Satisfaction of the Wrong. 2 Hawk. P.C.
he is called, and tender the Thing demanded to the 292. A Joint Award of one Fine against divers Per-
Plaintiff, he is not to be fined. 5 Rep. 49. Where a fons, is erroneous; it ought to be feveral against
Plaintiff gets Judgment in a real Action by Deceit, each Defendant, for otherwife one who hath paid
the Defendant not having Summons, &c. he may his Part might be continued in Prifon 'till all the o-
be fined. 8 Rep. 99. It a Writ abates through the thers have paid theirs likewife, which would be in
Default of the Plaintiff, he fhall be fined: And fo if Effect to puniſh him for the Offence of another.
the Plaintiff be nonfuited. 34 A 9. And if in Ap 2 Hawk. 446. A Man was fined a great Sum who
peal of Maihem, &c. against feveral, fome are drank a Health to the pious Memory of a Traitor,
found Guilty, and the Plaintiff prays Judgment a-that was executed, &c. Raym. 376. 3 Mod. 52. Fines
gainſt them only, and relinquifies his Suit againft
the others, he fhall be fined for not proceeding a- Fines le Roy, Are all Fines to the King; and
gainſt the Reft. 22 A. 82. If in an Action a Man under this Head are included Fines for Original
denics his own Deed, and this is found against him Writs. Originals on Trefpafs in the Cafe, where the
by Verdict, he fhall be fined for his Falfity, and the Damages are laid above 401. pay a Fine, viz. from
Trouble to the Jury. S Rep. 60. 1 Danv. 471. But 401. Damages to 100 Marks, 6 s. 8 d. from 100
where a Perfon denies a Recovery or other Re- Marks to 100 l. the Fine is 10 s. From 100% to 100
cord, to which he himself is Party, he fhall not be Marks, 13 s. 4 d. From 200 to 400 Marks, 16's.
fined; for it is not his A&t but the A&t of the Sd. From 400 Marks to 200 l. it is 1 1. Fine; and
Court, and he does not deny it abfolutely, but non fo for every 100 Marks more, you pay 6 s. 8 d. and
habetur tale Recordum. Ibid. All Capiatur Fines are every 100 1 further 10's. Practif. Attorn. 1 Edit.
taken away by Stat. 4 & 5 W. & M. cap. 12. Ex-132. And Fines are paid for Original Writs in Debt
cept where a Defendant pleads Non eft factum, and for every Writ of 40 1. Debt, 6 s. 8 d. and if it be of
it is found against him. 1 Lill. Abr. 621. In Tref 100 Marks, but 6 s. 8 d. and for every 100 Marks
pafs, Affault and Battery, &c. there can be no Ca- 6 s. 8 d. &c. Alfo for every Writ of Plea of Land, if
piatur pro Fine entered fince the Statute 56 W. 3. it be not a Writ of Right Patent, which is for the
but instead thereof the Plaintiff is to have fe much yearly Value of 5 Marks, 6 s. S d. and fo accord-
in Cofts allowed him, to pay to the King for the ing to that Rate. 19 H. 6. 44. 7 Hen. 6. 33. New
Fine: And in B. R. Judgment is entered up without Nat. Br. 212.
any Notice of the Fine, the Law being altered by
this Statute: In C. B. they enter their Judgments
nihil de Fine quia remittitur per Stat. 1 Salk. 54. 2 Nelf
Abr. 847. To every Fine Imprifonment is incident;
and when the Judgment is quod Defendens Capiatur,
that is Capiatur qucufque Finem fecerit. 8 Rep. 59.
Where an Offender is to be fined, the ufual Judg.
ment is Quod Capiatur, i. e. to be imprisoned 'till the
Fine is paid: But if the Fine is tendered, there ought
to be no Imprifonment. 1 Vent. 116. When a Per-
fon is fined to the King, notwithstanding the Body Fine pzo Bediffeífina capienda, Is a Writ that
remains in Prifon, 'tis faid the King fhall be faiflies for the Releafe of one impriſoned for a Redif-
fied the Fine out of the Offender's Eftate. 4 Leon. feifin, on Payment of a reafonable Fine. Reg. Orig.
c. 393. A Fine may be mitigated in the fame Term
wherein it was fer, it being under the Power of the
Fine Force, Is where a Perfon is forced to do
Court during that Time; but it may not be done that which he can no ways help; fo that it feems to
afterwards. Raym. 376. And Fines affeffed in Court fignify an abfolute Neceffity or Conftraint not a-
by Judgment upon an Information, cannot be after-voidable. Old Nat. Br. 68. Stat. 35 H. 8. c. 12.
wards mitigated. Cro. Car. 251. If a Fine certain is
impoſed by Statute on any Conviction, the Court
cannot mitigate it; but if the Party comes in before
the Conviction, and fubmits himself to the Court,
they may affefs a lefs Fine; for he is not convicted,
and perhaps never might. 3 Salk. 33. The Court of
Exchequer may mitigate a Fine certain, becauſe it is
4
pag.
Fine non capiendo pzo pulchze Placitando, Is a
Writ to inhibit Officers of Courts to take Fines for
fair Pleading. Reg. Orig. 179.
Fine capiendo pro Terris, &c. A Writ lying
where a Perfon upon Conviction of any Offence by
Jury, hath his Lands and Goods taken into the King's
Hand, and his Body is committed to Prifon, to be
remitted his Imprifonment, and have his Lands and
Goods redeliver'd. him, on obtaining Favour for a
Sum of Money, c. Reg. Orig. fol. 142.
222.
Finire, To fine, or pay a Fine upon Compofition
and making Satisfaction, &c. It is the fame with
Finem facere, mentioned in Leg. H. 1. cap. 53. And
in Brompton, p. 1105. Quando Rex Scpiæ cum
Domino Rege Finivit, &c. And in Hovedon, p. 783.
Finitio, Death, fo called; becaufe Vita Finicur
morte. Blount.
finds
>
FI
FI
#
Finors of Gold and Silber, Are thofe Perfons
that purify and feparate Gold and Silver from o-
ther coarfer Metals, by Fire and Water. 4 H. 7.
c. 2. They are not to allay it; or fell the fame,
fave only to the Master of the Mint, Goldsmiths,
Ec. Ibid.
Firdfare and Firdwite; Sec Ferdfare and Ferdwit.
Leg. Canuti, par. 2. c. 22.
Firberinga, A Preparation to go into the Army.
Leg. H 1.
Hen. 8. the Lord Chancellor, &c. is empowered to
examine into the Value of First Fruits; and Clergy-
men entering on their Livings before the fame are
paid or compounded, are to forfeit double Value.
But the 1 Eliz. c. 4. ordains, that if an Incumbent
on a Benefice do not live half a Year, or is oufted
before the Year expired, his Executors are to pay
only a fourth Part of the First-fruits; and if he lives
the Year, and then dies, or be oufted in fix Months
after, but half of the Firft-fruits fhall be paid. And
Fire and Fire-cocks, Church wardens in London by this Statute Livings not above 10 1. per Ann. &c.
and within the Bills of Mortality, are to fix Fire are difcharged from Payment of thefe Duties: As
Cocks, &c. at proper Distances in Streets, and keep are alfo Benefices under and not exceeding 50 1. a
a large Engine and Hand-Engine for extinguifhing Year, by Stat. 5 Ann. c. 24. The 2 Ann. cap. II.
Fire, under the Penalty of 10 7. &c. Stat. 6 Ann. c. fettles upon a Corporation the First-fruits and Tenths of
31. To prevent Fires, Workmen in the City of Lon-all Benefices for the Maintenance of the poor Clergy;
don, c. muft ere&t Party-Walls between Buildings which is called the Coporation of the Bounty of Q.
of Brick or Stone, of a certain Thickness, &c. un- Anne. See the A&, relating to large Waftes in
der Penalties. Stat. 7 Ann. c. 17. And on the Break- Yorkshire inclofed, a fixth Part for Benefit of poor
ing out of any Fire, all the Conftables and Beadles Clergymen, whofe Livings do not exceed 40 1. per Ânn.
fhall repair to the Place with their Staves, and be Stat. 12. Ann. c. 4. Vide 3 Geo. I. c. 10.
affifting in putting out the fame, and caufing People
to work, &c. No Action fhall be had against any
Perfon in whofe Houfe or Chamber a Fire fhall be-
gin. 6 Ann. 10 An. c. 14. See Arfon.
Firebare, (Sax.) Significs a Beacon or high Tower
by the Sea fide, wherein were continual Lights, ei
ther to direct Sailors in the Night, or to give
Warning of the Approach of an Enemy. Quod
fine dilatione levari reparari fac. figna & Firebares
fuper montes altiores in quolibet Hundredo, ita quod tota
patria, per illa figna, quotiefcunque neceffe fuerit, pra-
munire poteft, &c. Ordinatio obfervanda à Lynne
que Yarmouth. Temp. Ed. 2.
Firebote, Fuel for Firing for neceffary Ufe, al-
lowed by Law to Tenants out of the Lands, &c.
granted them. See Eftovers.
Firma, Is taken for Victuals or Provifions; alfo
Rent, &c.
Firma Alba, Rent of Lands let to Farm paid in
Silver, not in Provifion for the Lord's Houfe.
And
Fish and Fishing, No Fisherman fhall ufe any
Net or Engine, to deftroy the Fry of Fish: And
Perfons ufing Nets for that Purpofe, or taking Sal-
mon or Trout out of Seafon, or any Fifh under cer-
rain Lengths, are liable to forfeit 20 s. And Justices.
of Peace, and Lords of Leets have Power to put the
Acts in Force. 13 R. 2. 17 R. 2. 1 El. c. 17. No Per-
fon may faften Ners, &c. across Rivers to deftroy
Fib, and difturb Paffage of Veffels, on Pain of 51.
Stat. 2 H. 6. c. 15. None fhall fif in any Pond or
Moar, &c. without the Owner's Licence, on Pain of
uf-three Months Imprifonment. 31 H. 8. cap. 2.
no Perſon fhall take any Fish in any River, without
the Confent of the Owner, under the Penalty of 10 s.
for the Ufe of the Poor, and treble Damage to the
Party grieved, leviable by Diftrefs of Goods; and
for want of Diftrefs, the Offender is to be commit-
red to the House of CorreЯion for a Month: Alfo
Nets, Angles, &c. of Pochers may be feifed, by the
Owners of Rivers, or by any Perfons, by Warrant
from a Justice of Peace, &c. 22 & 23 Car. 2. cap.
25. 4 & 5 W. & M. c. 23. The Stat. 4 & 5 Ann.
cap. 21. was made for the Increaſe and Preſervation
of Salmon in Rivers in the Counties of Southampton
and Wilts; requiring that no Salmon be taken be-
tween the ift of August and 12th of November, or
under Size, &c. And by 1 Geo. i. c. 18. Salmon
taken in the River Severn, Dee, Wye, Weere, Ouſe,
&c. are to be 18 Inches long at leaft; or the Per-
fons catching them fhall forfeit 51. And Sea Fish
fold must be of the Lengths following, viz. Bret
and Turbot 16 Inches, Bril and Pearl 14, Codlin,
Bafs and Mullet 12, Sole and Plaice 8, Flounders
7, Whiting 6 Inches long, &c. on Pain of forfeit
ing 20s. to the Poor, and the Fish. Vide the
Statute. Perfons that import any Ffb, contrary to
the 1 Geo. 1. for better preventing fresh Fish taken
by Foreigners being imported into this Kingdom, &c.
fall forfeit 100%. to be recovered in the Courts at
Westminster, one Moiety to Informers, and the other
to the Poor; and Mafters of Smacks, Hoys, Boats,
Firmam olis, Was a Cuftom or Tribute paid
towards the Entertainment of the King for one
Night, according to Domeſday.— Comes Mertion
T. R. E. Reddebat Firmam unius No&tis, &c. i. e.
Provifion or Entertainment for one Night, or the
Value of it. Temp. Reg. Edw. Confeff.
Firmam Regis, Antiently pro Villa Regia, feu
Regis Manerio. Spelm.
Firmatio, Firmationis Tempus. Doc-Scafon, as
oppofed to Buck-Scafon. 31 Hen. 3. Firmatio fignifies
alio a Supplying with Food. Leg. Ine, cap. 34.
Firmura. Will. de Creffi gave to the Monks of
Blyth, a Mill, cum libera Firmura of the Dam of it.
Reg. de Blyth. This has been interpreted Liberty to
fcour and repair the Mill- Dam, and carry away the
Soil, c. And Dr. Thornton Engliſhes it Free-
Firmage.
Firl-fruits, (Primitia) Are the Profits after A-
voidance, of every Spiritual Living for the first
Year, according to the Valuation thereof in the
King's Books. Thefe were given in ancient Time
to the Pope throughout all Chriftendom; and were
first claimed by him in England of fuch Foreigners
as he bestowed Benefioes on here by Way of Pro-
vifion; afterwards they were demanded of the
Clerks of all Spiritual Patrons, and at Length of all
other Clerks on their Admiflion to Benefices: But
upon the throwing off the Popes Supremacy in the
Reign of King Hen. 8, they were tranflated to and
vefted in the King, as appears by the Stat. 26 H S.
c. 3.
And for the Ordering thereof, there was a
Court erected 32 Hen. 8. but diffolved Anno 1 Mar.
Though by 1 Eliz. thefe Profits are reduced again
to the Crown, yet the Court was never reftored;
for all Matters formerly handled therein, were
transferred to the Exchequer, within the Survey of
which Court they now remain. By the Statute 26
c. in which the Fish thall be imported, or brought
on Shore, forfeit 50 l. Alfo felling the fame in Eng-
land, is liable to 20 1. Penalty. Stat. 9 Geo. c. 33.
Fishing Bight of, and Property of Fish. It has
been held, that where the Lord of a Manor hath
the Soil on both Sides the River, 'tis a good Evi-
dence that he hath the Right of Fifing, and it purs
the Proof upon him who claims Liberam Pifcariam ;
but where a River ebbs and flows, and is an Arm
of the Sea, there 'tis common to all, and he who
claims a Privilege to himself must prove it; for if
Trefpafs is brought for fishing there, the Defendant
may juſtify that the Place where is Brachium Maris,
in quo unufquifque fubditus Domini Regis habet & habere
debet Liberam Pifcariam: In the Severn, the Soil
belongs to the Owners of the Land on each Side;
and
1
!
FL
FO
Flem, Flema, (from the Sax. Flean, to kill or ſlay)
An Outlaw; and by Virtue of the Word Flemaflare
were claimed Bona felonum, as may be collected from
Quo Warranto Temp. Ed. 3.
Flemenefrit, Flemencsfrinthe, Flymenafrynthe,
Signifies the Receiving or Relieving of a Fugitive
or Outlaw. Leg. Ine, cap. 29, 47. LL. H. 1. cap.
10, 12.
Flemeswite, (Sax.) Fleta, who writes of this
Word, interprets it Habere Catalla Fugitivorum. Lib.
I. cap. 47.
and the Soil of the River Thames, is in the King,
&c. but the Fishing is common to all. 1 Mod. 105.
He who is Owner of the Soil of a private River,
bath Separalis Pifcaria; and he that hath Libera Pifa
caria, hath a Property in the Fish, and may bring a
poffeffory Action for them; but Communis Pifcaria
is like the Cafe of all other Commons. 2 Salk. 637
One that has a clofe Pond in which there are Fifb,
may call them Pifces fuos in an Indi&tment, &c. But
he cannot call them as Bona & Catalla, if they be
not in Trunks. Mod. Ca. 183. There needs no Pri-
vilege to make a Fish Pond; as there doth in Cafe Flighers, Mafts for Ships.Conceffit etiam eis
of a Warren. Ibid.
Flighers ad fuam propriam Navem, colligendas in terri-
Fishermen. There fhall be a Maſter, Wardens torio, &c.
Mafter, Wardens torio, &c. Mon. Ang. Tom. 1. p. 799.
and Affiftants of the Fishermen's Company in London,
chofen yearly at the next Court of the Lord Mayor
and Aldermen after the tenth of June, who are
conftituted a Court of Affiftants; and they fhall
meet once a Month at their common Hall, to regu.
late Abuſes in Fishery, regifter the Names of Filber-
men, and mark their Boats, &c. Fishermen are not
to kill, or fell any Fry or Brood of Fish; and no
Fifh fhall be fold more than once, at Billingsgate, or
within 150 Yards of the Dock; or before fuch
Hours in the Morning, &c. And Fines not above
10 1. or under 5 s. may be impofed and levied by
the Lord Mayor and Aldermen, and Juftices of
Peace. Stat. 9 Ann. c. 26. See Herrings, &c.
Car. 2.
+
Fishery. A Royal Fishery of England was efta-
blished in the Reign of King Car. 2. and the Mem-
bers of it incorporated into a Company. See 29
The Crown hath Power to direct 20 s.
out of every 100 L South-Sea Stock, to be applied
for improving the Fibery of the Kingdom, carried
on to Greenland, and in other Northern Seas. Stat.
9 Ann. cap. 21. And for Recovery of the British
Fishery, Allowances are made on Fish exported to
other Countries, &c. Stat. 5 Geo. 1. cap. 28. Fishery
in Scotland to be improved according to the Arti
cles of the Union. 13 Geo. I. c. 30.
Filhgarth, A Dam or Wear in a River, made for
the Taking of Fish, efpecially in the Rivers of Owfe
and Humber. 23 H. 8. c. 18.
flaco, A Place covered with ſtanding Water.
Mon. Angl. Tom. I. p. 209.
Fletta, A feather'd or fledged Arrow, a Fleet Ar-
row. Radulphus de F. tenet, &c. per fervitium reddendi
per Annum viginti Fle&tas. Dom. Reg. 9 Edw. I.
Fledwite or Flightwite, (from the Sax. Flybt,
fuga, & Wite, Multa) In our antient Law figni-
fies a Difcharge from Amerciaments, where a Per-
fon having been a Fugitive, comes to the Peace of
our Lord the King of his own Accord, or with Li-
cenfe. Raftal.
Fleet, (Sax. Fleot, i. c. Flota, a Place of Running-
water, where the Tide or Float comes up) Is a fa-
mous Prifon in London, fo called from the River or
Ditch on the Side whereof it ftands. To this Pri-
fon Men are ufually committed for Contempt to the
King and his Laws, particularly against the Courts
of Juftice; or for Debt, when Perfons are unable
or unwilling to fatisfy their Creditors: There are
large Rules, and a Warden belonging to the Fleet
Prifon, &c. Stat. 8 & 9 W. 3. cap. 7. By a late Sta-
tute, the Warden of the Fleet was difabled to hold
any Office, for his notorious Oppreffions of the Pri-
foners; and the King was empowered to grant the
faid Office to fuch Perfon as he fhould think fit,
Ec. 2 Geo. 2. c. 32.
Fleet-Ditch. The Lord Mayor of London, &c.
fill up
Fleet-Dit.h, and make the Soil level with
may
the Streets; and the Fee is vefted in the Mayor
and Commonalty, but they fhall not ere&t Houfes
or Euildings thereon above fifteen Foot high, &c.
Stat. 6 Geo. 2. cap. 22.
Flight For any Crime committed, which implies
Guilt. See Fugitives.
Flood mark, The Mark which the Sea makes on
the Shoar, at flowing Water and the higheſt Tide:
It is also called High-water Mark.
Florence, An ancient Piece of English Gold
Coin: Every Pound Weight of old Standard Gold
was to be coined into fifty Florences, to be current at
fix Shillings each; all which made in Tale fifteen
Pounds, or into a proportionate Number of Half
Florences or Quarter Pieces, by Indenture of the Mint.
18 Ed. 3.
Flozin, A Foreign Coin, in Spain 4 s. 4 d. Ger-
many 3 s. 4 d. and Holland 2 s. And in fome Parts of
Germany, Accounts are kept in Florins.
Flota nabíum, A Fleet of Ships. Rex, c.
Sciatis quod conftituimus Johannem de R. Admirallum
noftrum Flote Navium ab ore aque Thamific verfus
partes occidentales, &c. Rot. Francia, 6 R. 2. m. 21.
Flotages, Are fuch Things as by Accident fwim
on the Top of great Rivers; the Word is fometimes
ufed in the Commiffions of Water Bailiffs.
Flotsam, Is when a Ship is funk or caft away,
and the Goods are floating upon the Sea. 5 Rep. 106.
Flotfam, Fetfam and Lagan are mentioned together;
Fetfam being where any Thing is caft out of the
Ship when in Danger, and the Ship notwithſtand-
ing perisheth; and Lagan is when heavy Goods are
thrown over-board before the Wreck of the Ship,
which fink to the Bottom of the Sea. Lex. Mercat.
149. The King fhall have Flotfam, Fetfam and La-
gan, when the Ship is loft, and the Owners of the
Goods are not known; but not otherwife. F. N. B.
Where the Proprietors of the Goods may be
known, they have a Year and a Day to claim Flot-
fam. 1 Keb. 657. Flotfam, Fetfam, &c. any Perfon
may have by the King's Grant, as well as the Lord
Admiral, c. Lex Mercat. 149.
122.
focage, (Focagium) The fame with Houfe-bote or
Fire-bote.
focal, A Right of taking Wood for Firing: In
eadem Haid 10 Carratas Focalis recipiendas annuatim
per vifum fervientis mei. Mon. Ang. Tom. I. p. 779.
Foder, (Sax. Foda, i. e. Alimentum) Any Kind of
Meat for Hories, or other Cattle, And among the
Feudifts it is. ufed for a Prerogative of the Prince,
to be provided with Corn and other Meat for his
Horfes, by his Subjects, in his Wars or other Expe-
ditions. Hotar. de verb. Feudal.
Fodertozium, Provifion or Fodder, to be paid,
by Cuttom to the King's Purveyor. Cartular. St. Ed-
mund. MS. fol. 102.
Focla, (Fr. Foiffon) Grafs, Herbage. Men. Angl.
Tom. 2. pag. 506.
Fogage, (Fogagium) Fog or Rank After-Grafs, not
eaten in Summer. LL. Foreftar. Scot. c. 16.
Foiterers, By Blount are interpreted to be Vaga-
bonds. See Faitours.
Folc-lands, (Sax.) Copyhold Lands fo called in
the Time of the Saxons, as Charter Lands were
called Boc-lands. Kitch. 174. Folland was Terra Vulgi
Flect of Ships. See Flota Navium, and Navy for Popularis, the Land of the vulgar People, who
had no certain Eftate therein, but held the fame
under
Royal of England.
}
14.
FO
FO
Fozbiſher of Armour, (Forbator) Si quis Forbator
arma alicujus fufceperit, ad purgandum, &c. LL. Alu-
redi, MS. cap. 22.
•
Force, (Vis) Is most commonly applied in pejorem
partem, the evil Part, and fignifies any unlawful
Violence. It is defined by Weft to be an Offence,
by which Violence is ufed to Things or Perfons;
and he divides it into Simple and Compound; Simple
Force, is that which is fo committed that it hath no
other Crime accompanying it; as if one by Force
do only enter into another Man's Poffeffion, with-
out doing any other unlawful A&: Mix'd or Com-
pound Force, is when fome other Violence is commit-
minal; as where any one by Force enters into an-
other Man's Houfe, and kills a Man, or raviſhes a
Woman, &c. And he makes feveral other Divi-
fions of this Head. Weft. Symbol. par. 2. fect. 65.
The Lord Coke fays, there is alfo a Force implied in
Law; as every Trefpafs, Refcous, or Diffeifin, im-
plieth it; and an actual Force, with Weapons, Num-
ber of Perfons, &c. where threatning is ufed to the
Terror of another. 1 Inft. 257. By the Law any
Perfon may enter a Tavern; and a Landlord may
enter his Tenant's Houfe to view Repairs, &c.
But if he that enters a Tavern, commits any Force
or Violence; or he that enters to view Repairs,
breaketh the Houfe, &c. it fhall be intended that
they entered for that Purpófe. 8 Rep. 146. All Force
is against the Law; and it is lawful to repel Force
by Force: There is a Maxim in our Law, Quod alias
bonum & Fuftum eft, fi per vim vel fraudem petatur,
malum & injuftum eft. 3 Rep. 78.
under the Rents and Services accustomed or agreed,
at the Will only of their Lord the Thane; and it
was therefore not put in Writing, but accounted
Pradium Rufticum & Ignbile. Spelm. of Feuds, cap. 5.
Folcmote or folkmote, (Sax. Folcgemot, i. e. Con-
ventus Populi) Is compunded of Folk, populus, and
Mote or Gemote, convenire; and fignificd originally, as
Somner in his Saxon Dictionary tells us, a general Af
fembly of the People, to confider of and order
Matters of the Commonwealth: Omnes proceres Regni
& Milites & Liberi homines univerfi totius Regni Bri-
tannia facere debent in pleno Folcmore Fidelitatem Do-
mino Regi, &c. Leg. Edw. Confeff. cap. 35. And Sir
Henry Spelman fays, the Folcmote was a Sort of an-ted with fuch a Fact, which of itſelf alone is cri-
nual Parliament, or Convention of the Bishops,
Thanes, Aldermen and Freemen, upon every May-
day yearly; where the Laymen were fworn to de-
fend one another, and to the King, and to preferve
the Laws of the Kingdom, and then confulted of
the Common Safety. But Dr. Brady infers from the
Laws of our Saxon Kings, that it was an inferior
Court, held before the King's Reve or Steward,
every Month to do Folk Right, or compofe fmaller
Differences, from whence there lay Appeal to the
Superior Courts. Brady's Geoff. pag. 48. Manwood
mentions Folkmote as a Court holden in London,
wherein all the Folk and People of the City did
complain of the Mayor and Aldermen, for Mifgo
vernment within the faid City: And this Word is
ftill in Ufe among the Londoners; and denotes Cele
brem ex tota Civitate conventum. Stow's Survey. Ac-
cording to Kennet, the Folkmote was a Common
Council of all the Inhabitants of a City, Town or
Borough, convened often by Sound of Bell to the
Mote-ball or Houfe; or it was applied to a larger
Congress of all the Freemen within a County, called
the Shire-mote, where formerly all Knights and mi-
litary Tenants did Fealty, to the King, and elected
the annual Sheriff on the first of October, till this
popular Election to avoid Tumults and Riots de-
volved to the King's Nomination. Anno 1315. 3
Ed. 1.
After which the City Folkmote was fwallowed
up in a felect Committee or Common Council; and
the County Folkmote, in the Sheriff's Tourn and fi-
fes. 3. The Word Folkmote was used for any Kind
of Popular or Publick Meeting; as of all the Te-
nants at the Court-Leet or Court-Baron, in which Sig-
nification it was of a lefs Extent. Paroch. An-
tiq. 120.
foldage and fold-course, A Liberty to fold
Sheep, &c. Sec Faldage and Faldfee.
·
Folgarií, Menial Servants; Eos qui aliis defer-
viunt. Bract. lib. 3. tract. 2. cap. 10. Houfe keepers
by the Saxons were called Husfaftene; and their Ser-
vants or Followers, Folgheres or Folgeres. LL. Hen. 1.
cap. 9.
Fool, A Natural, one fo from the Time of his
Birth. See Ideot.
Footgeld, (From the Sax. Fot, Pes, & Geldan,
folvere) is as much as Pedis Redemptio, and fignifics
an Amercement for not cutting out and expeditating
the Balls of great Dogs Feet in the Foreft: To be
quit of Footgeld is a Privilege to keep Dogs. within
the Forelt unlawed, without Punishment. Manwood
par. 1. p. 86.
Forage, (Fr. Fourage) Hay and Straw for Horfes,
particularly for the Uſe of Horſe in an Army.
Et le dit J. Trovera herhe & feyn & Forage pour un
Hackney, a MS. Penes Wal. Blount. Bar.
Fozagium, Straw when the Corn is thraſhed out.]
Corvel.
Fozbalk, (Forbalka) Lying forward or next the
Highway. Petr. Blefenfis Contin. Hift. Croyland p. 116.
Foibarre, Is to bar or deprive one of a Thing
for ever. 9 R. 9. c. 2. and 6 H. 6. c. 4.
Forbatuous, Is when the Aggreffor in Combat is
flain. Et fic eft veritas fine ullo concludio & in fud
culpa fecundum Legem Forbatudum fecit, &c.
Forcible Entry, (Ingreffus manu forti falus) Is a
violent actual Entry into Houfes or Lands: And
forcible Detainer is a With-holding by Violence, and
with ftrong Hand, of the Poffeffion of Land, &c.
whereby he who hath Right of Entry is barred or
hindred. Writ of forcible Entry lies where one is
feifed of a Freehold, and is put out thereof with
Force; or if he is diffeifed peaceably, and afterwards
the Diffeifor doth hold and detain the fame by
Force. F. N. B. 54. When one or more Perfons
armed with unufual Weapons, violently enter into
the Houfe or Land of another; or where they do
not enter violently, if they forcibly put another
out of his Poffeffion; or if one enter another's
Houfe, without his Confent, although the Door be
open, &c. Theſe are Forcible Entries punishable by
Law. 1 Inft. 257. So when a Tenant keeps Poffel-
fion of the Land at the End of his Term againſt
the Landlord, it is a Forcible Detainer. Cro. Fac. 199.
And if a Leffee takes a new Leafe of another Per-
fon, whom he conceives to have better Title, and
at the End of the Term keeps Poffeffion against his
own Landlord, this is a Forcible Detainer. Ibid. Alſo
Perfons continuing in Poffeffion of a defeazible E-
ftate, after the Title is defeated, are punishable
for Forcible Entry; for continuing in Poffeffion after-
wards, amounts in Law to a new Entry. 1 Inft.
256, 257. And an Infant, or Feme Covert may be
guilty of Forcible Entry within the Statutes, in Re-
fpe&t of Violence committed by them in Perfon ;
but not for what is done by others at their Com-
mand, their Commands being void. 1 Inft. 357. If
a Man have two Houfes next adjoining, the one by
a defeaſible Title, and the other by good Title;
and he ufes Force in that he hath by the good Ti-
tle to keep Perfons out of the other Houfe, this is
a forcible Detainer. 2 Shej, Abr. 203. A Man enters
into the Houfe of another by the Windows, and
then threatneth the Party, and he for fear doth
leave his Houſe, it is forcible Entry: So if one enter
a Houfe when no Perfon is therein, with armed
Men, &c. Moor Caf. 185. If a Perfon after Peacc-
able Entry, fhall make Ufe of Arms to defend his
Poffeffion, c. it will be forcible Detainer: A Man
puts another out of his Houfe by Force, if he then
4 P
put
FO
FO
嘉
​-
2
¡ Leon.
pur in one of his Servants in a peaceable Manner, [156. And it hath been held, that in forcible En-
who keeps out the Party, &c. it will be a forcible try and Detainer, the Jury are to find all or none;
Entry, but not Detainer; but if himſelf remaineth and not the Detainer, without the forcible Entry.
there with Force, this makes a forcible Detainer. 2 Ventr. 25. A Reverſioner cannot bring Action of
Shep. 203. If I hear that certain Perfons will come forcible Entry, because he cannot be expelled, tho'
to my Houfe to beat me, &c. and I take in Force he may be diffcifed. Dyer 141. And the Words in
to defend myſelf, 'tis no forcible Detainer: Though the Writ to maintain the Action are, that the De-
where they are coming to take Poffeffion only, it is fendant Expulit & Diffeifivit, &c. yet it is faid that
otherwife. Ibid. This Offence may be commited of every Diffeifin implies an Expulfion in forcible Er-
à Rent, as well as of a Houſe or Land; as where try. 2 Cro. 31. The Poffeffion of the Termor is the
one comes to diftrain, and the Tenant threatens to Poffeffion of him in Reverſion: And when a Leffee'
kill him, or doth forcibly make Refiftance, &c. Ibid. for Years is put out of Poffeffion by Force, Refti-
201. Indictment of forcibly Entry lies not only for tution must be to him in Reverfion, and not the
Lands, but for Tithes; and alſo for Rents: But not Leffee; and then his Leffee may re-enter.
againſt a Lord entering a Common with Force, for 327. A Termor may fay that he was expelled,
which the Commoner may not indict him, becaufe and his Landlord in Reverſion diffeiſed; or rather
it is his own Land. Cro. Car. 201, 486. And no Man that the Tenant of the Freehold is diffeifed, and he
can be guilty of forcible Entry, for entring with Vio- the Leffee for Years expelled. 4 Mod. 248. 2 Nelf.
lence into Lands or Houſes in his own fole Poffef- Abr. 869. A Copyholder cannot be diffeifed, becauſe
fion, at the Time of Entry, as by breaking open he hath no Freehold in his Eftate; but he may be
Doors, & of his Houfe, detained from him by expelled: And a Copyhold Tenant may be restored,
one who has the bare Cuftody of it: But Jointe- where he is expelled wrongfully; but if the Indict-
nants, or Tenants in Common, may be guilty of ment be only of Diffeifin, as he may not be dif
forcible Entry, and holding out their Companions. feifed, there can be no Reftitution but at the Prayer
1 Hawk. P. C. 147. A Perfon is not guilty of a of him that hath the Freehold. Telv. 81. 2 Cro. 41.
forcible Detainer, by barely refusing to go out of a Indictment for forcible Entry must be laid of Liberum
Houfe, and continuing therein in Defpight of ano- Tenementum, &c. to have Reftitution by the Statute
ther. Ibid. 146. And no Words alone can make a 15 R. 2, &c.
Ec. 2 Cro. 157. Though by 21 Jac. I. cap.
forcible Entry, although violent and threatning, with- 15. Juftices of Peace may give like Reftitution of
out Force ufed by the Party. 1 Lill. Abr. 514. Poffeffion to Tenants for Years, Tenant by Elegit,
Hawk. 145. At Common Law, any one who had a Statute ftaple, &c. and Copyholders, as to Free-
Right of Entry into Lands, c. might regain Pof holders. Juftices of Peace only have Power to en-
feffion thereof by Force; but this Liberty being quire of forcible Entry: But an Indictment of forcible
much abuſed, to the Breach of the publick Peace, Entry may be removed from before Juftices of
it was found neceffary that it fhould be reftrained Peace into the Court of B. R. coram Rege, which
by Statute: At this Day, he who is wrongfully dif Court may award Reftitution. 11 Rep. 65. And the
poffeffed of Goods, may juftify the Retaking them Juftices before whom fuch Indictment was found,
by Force. Lamb. 135. Cromp. 70. Kelw. 92. But may, after Traverſe tendered, certify or deliver the
fee 3 Salk. 187.
By Statutes, none fhall enter into Indictment into the King's Bench, and refer the Pro-
any Lands or Tenements, but where Entry is ceeding thereupon to the Justices of that Court.
given by Law, and in a peaceable Manner, though A Record of Juftices of Peace of forcible Entry, is
they have Title of Entry, on Pain of Imprifon- not traverſable; but the Entry and Force, &c.
ment, &c. And when a forcible Entry is committed, may be traverfed in Writing, and the Juftices may
Juftices of Peace are impower'd to view the Place, fummon a Jury for Trial of the Traverfe. I Salk.
and enquire of the Force by a Jury fummoned by 353. The Finding of the Force being in Nature of
the Sheriff of the County; and caufe the Tene-a Prefentment by the Jury, is traverfable; and if
ments to be feifed and reftored, and imprifon the the Juftices of Peace refufe the Traverfe, and grant
Offenders till they pay a Fine. 5 R. 2. c. 7. 15 R. 2. Reftitution, on removing the Indictment into B. R.
c. 2. 8 Hen. 6. cap. 9. If a Juftice of Peace come to there the Traverse may be tried; and on a Verdict
view a Force in a Houfe, and they refuſe to let him found for the Party, &c. a Re-reftitution fhall be
in; this of itſelf will make a forcible Detainer in all granted. Sid. 287. 2 Salk. 588. If no Force is found
Cafes; but it must be upon Complaint made. The at a Trial thereof before Juftices, Reftitution is not
Juftices of Peace are not to enquire into the Title to be granted; nor fhall it be had till the Force is
of either Party: And there ſhall be no Reftitution tried; or ought the Juftices to make it in the Ab-
upon an Indictment of forcible Entry or Detainer, fence of the Defendant, without calling him to an-
where the Defendant hath been in quiet Poffeffion fwer. 1 Hawk. P. C. 154. No other Juftices of Peace
for three Years together without Interruption, next but thofe before whom the Indictment was found,
before the Day of the Indictment found, and his E- may either at Seffions or out of it award Reftitu
ftate in the Land not ended; which may be alledged tion; the fame Juftices may do it in Perfon, or
in Stay of Reftitution, and Reffitution is to be ftaid make a Precept to the Sheriff to do it, who may
till that be tried, if the other will traverſe the raife the Power of the County to affift him in exc
fame, &c. Dalt. 312. Stat. 31 Eliz. cap. 11. If a a cuting the fame. 1 Hawk. 152. And the fame Ju-
Diffeifee within three Years makes a lawful Clairo, ftices of Peace may alfo fuperfede the Restitution,
this is an Interruption of the Poffeffion of the Dif- before it is executed; on Infufficiency found in the
feifor. H. P.C. 139. Though it has been adjudged, Indi&tment, &c. But no other Juftices, except of
that it is not the Title of the Poffeffor, but the the Court of B. R. A Certiorari from B. R. is a Su
Poffeffion for three Years, which is material. Sid. perfedeas to the Reftitution; and the Juftices, of
149. Since the Statute 5 R. 2. if W. R. is feifed of B. R. may fet afide the Reftitution after executed,
Lands, and L. R. having good Right to enter, doth if it be against Law, or irregularly obtained, .
accordingly enter Manu forti, he may be indicted 1 Salk. 154. If Juftices of Peace exceed their Au
notwithstanding his Right, &c. 3 Salk. 170. For a thority, an Information may be brought againf
forcible Detainer only 'tis faid there is no Reftitu- them. A Conviction for Ferible Entry, before a Fine
tion; the Plaintiff never having been in Poffeffion; is fet, may be quafhed on Motion; but after a Fine'
but there may be Reftitution where forcible Entry is fer, it may not; the Defendant muft bring Writ
and Detainer are found. 1 Ventr. 23. Sid. 97, 99. of Error. 2 Salk. 450. Indictments for Forcible Entry
The Juftices on forcible Detainer may punish the muft fet forth that the Entry was Manu forti, to
Force upon View, and fine and imprifon the Offen- diftinguish this Offence from other Trefpaffes Vi &
ders; but cannot meddle with the Poffeffion. Sid. Armis; and there are many Niceties to be obferved
•
1
2
in
FO
FO
:
in drawing the Indictment, otherwife it will be mages to the Treble against the Defendant, and further
quafhed. i Cro. 461. Dalt. 298. There must be Fine and Ranform to us he shall make; the faid C. D.
Certainty in this Indictment; and no Repugnancy, the faid A. B. out of his free Tenement (or Freehold) in
which is an incurable Fault. An Indictment of M. with strong Hand bath excelled and diſſeiſed, and him
Forcible Entry was quafhed, for that it did not fet fo expelled and diffeifed, boldeth cut of the fame, to the
forth the Eſtate of the Parry: So where the Defen- Contempt of us, and no fmall Damage and Grievane of
dant had not been in Poffeffion peaceably three him the faid A. B. and against the Form of the Statute
Years before the Indictment, without faying before aforefaid, and against our Peace: And have you there the
the Indictment found, &c. And Force fhall not be Names of the Pledges, and this Writ. Witneſs, Exc.
intended when the Judgment is generally laid, for
it must be always expreffed. 2 Nelf. Abr. 867, 869.
If a Plaintiff proceeds not criminally by Indi&ment
for Forcible Entry, but commences a Civil Action on
the Cafe, which he may do on the Statute of Hen.
6. the Defendant is to plead Not guilty, or may
plead any special Matter, and traverse the Force;
and the Plaintiff in his Replication muft answer the
ſpecial Matter, and not the Traverſe; and if it be
found against the Defendant, he is convicted of the
Force of Courfe; whereupon the Plaintiff fhall re-
cover treble Damages and Cofts. 3 Salk. 169. And
if in Trefpafs or Affife upon the Statute of Forcible
Entry, 8 H. 6. c. 9. the Defendant is condemned by
non fum Informatus; he fhall pay treble Damages
and treble Cofts: Adjudged and affirmed in Error.
For the Words of the Statute give them where the
Recovery is by Verdict, or otherwife in due Man-
ner. Fenk. Cent. 197. Though Forcible Entry is
nifhable either by Indictment or Action; the Action
is feldom brought, but the Indictment often.
Forcible Marriage, Of a Woman of Eftate is
Felony; for by the Stat. 3 Hen. 7. c. 2. it is enacted,
That if any Perfons fhall take away any Woman
having Lands or Goods, or that is Heir apparent to
her Anceftor, by Force and against her Will, and
marry or defile her, the Takers, Procurers, Aber-
tors, and Receivers of the Woman taken away a
gainft her Will, and knowing the fame, fhall be
deemed principal Felons: But as to Procurers and
Acceffaries, they are to be before the Offence com-
mitted, to be excluded the Benefit of Clergy, by
39 Eliz. c. 9. The Indi&ment on the Stat. 3 H. 7. is
exprefly to fet forth, that the Woman taken away
had Lands or Goods, or was Heir apparent, and al
fo that she was married or defiled, becauſe no other
Cafe is within the Statute; and it ought to alleuge
that the Taking was for Lucre: It is no Excule
pu-that the Woman at firft was taken away with her
Confent; for if the afterwards refufe to continue
with the Offender, and be forced against her Will,
the may from that Time properly be faid to be ca-
ken against her Will; and it is not material whether
a Woman fo taken away, be at laft married or de-
filed with her own Confent or not, if he were un-
&c.der the Force at the Time, the Offender being in
both Cafes equally within the Words of the A&t. 3
themselves with other Offenders, and Disturbers of the Inft. 61. H. P. C. 119. 1 H. P. C. 109, 110.
Peace of our faid Lord the King, whofe Names to the Perfons who after the Fa&t receive the Offender, are
Furors aforefaid are unknown, and being armed in a but Acceffaries after the Offence, according to the
warlike Manner, on the Day of, &c. in the Year of the Rules of the Common Law; and thofe that are
Reign, &c. at M. in the faid County, with Force and only privy to the Damage, but not Parties to the
Prms, that is to say, with Staves, Swords, Guns, &c. Forcible Taking away, are not within the A&t. H. P. C.
to say, with Staves, Swords, Guns, &c.
and other offenfive and defenfive Arms, did enter, and each
119. A Man may be indicted for taking away a
of them did enter into one Meffuage with the Appurtenan Woman by Force in another County; for the Con-
ces in M. aforesaid, in the peaceable Poffeffion of one E. F. tinuing of the Force in any County amounts to
of which faid Meffuage the faid E. F. was then poffeffed for a Forcible Taking there. Ibid. Taking away any
the Term of, &c. Tears yet to come; and that the faid Woman Child, under the Age of fixteen Years and
A. B. and C. D. and the other Malefactors aforesaid, unmarried, out of the Cuftody and without the Con-
with Force and Arms, did eject, drive out and remove the fent of the Father or Guardian, &c. the Offender
faid E. F. from his Poffeffion aforefaid, and the faid E. fhall fuffer Fine and Imprifonment; and if the
F. being fo ejected, they unlawfully and with a frong Woman agrees to any Contract of Matrimony with
Hand, then did detain from him, and yet do detain from fuch Perfon, fhe fhall forfeit her Eftate during her
him the Poſſeſſion of the faid Meffuage, with the Appurte-Life, to the next of Kin to whom the Inheritance
nances, against the Peace of our faid Lord the King, his
Crown and Dignity, and against the Form of the Statute
in fuch Cafe made and provided.
Form of an Indictment for a Forcible Entry.
Wilts, ff.
HE Jurors, &c. That A. B. of,
T and C. D. of, &c. having affembled
A Writ of Forcible Entry, according to the Statute.
G
Thoſe
fhould defcend, &c. Stat. 4 & 5 P. & M. c. 8. See
3 Mod. Rep. 84, 169. This is a Force against the Pa-
rents: And an Information will lie for feducing
a young Man or Woman from their Parents, againſt
their Confents, in order to marry them, &c. 3 Cro.
557. Raym. 473.
Fo¿D, (Forda) A ſhallow Place in a River made fo
by damming or penning up the Water. Mon. Ang.
Tom. 1.
•pag. 657.
Fordol, (From the Sax. Fore, before, and dele a
Part or Portion) Signifies a But or Head-land,
fhooting upon other Bounds.
EORGE the Second, &c. To the Sheriff of S.
Greeting: If A. B. fhall make you fecure, &c.
then put C. D. &c. to answer as well to us, as the faid
A. B. why, Whereas in the Statute made in the Parlia
ment at Westminster in the eighth Year of the Reign of
King Henry of England the Sixth held, then fet forth,
amongst other Things is contained, That if any Perfon out Fozecheapum, Preemption, from the Sax. Fore, ante,
Et non
of any Lands or Tenements with strong Hand is expelled and Ceapean, i. e. Nundinari, Emere.
and diffe fed, or peaceably expelled, and after with a strong | licebat iis aliquod Forecheapum facere Burghmannis, &
Hand held out, or any Feoffment or Difcontinuance in any dare Theolonium fuum. Chron. Brompton. Col. 897,
wife be made thereof after fuch Entry, to defraud the Pof-1898. and LL. Ethelredi, c. 23.
feffor of his Right and take it away, the Party grieved. Foreclofed, Shut out, or excluded, as the Bar-
in this Particular, fhall have against fuch Diffeifor the Af ring the Equity of Redemption on Mortgages, &c.
fife of Novel Diffeifin, or a Writ of Trespass; and if the 2 Inft. 298.
Party grieved by Affife or Action of Trefpafs fhall recover,
and by Verdict or other Manner in due Form of Law it
Shall be found, that the Party, Defendant, entred into
the Lands and Tenements with Force, or those after his
Entry with Force held, the Plaintiff ſhall recover his Da-
foregoers. The King's Purveyors were fo called
from their going before to provide for his Houshold.
36 Ed. 3. 5.
Foreign, (Fr. Forain, Lat. Forinfecus, Extraneus)
Strange or outiandifh, of another Country, and in
ou
1
D
}
•
FO
our Law, is uſed adjectively, being joined with di-
vers Subftantives in feveral Senfes. Kitch. 126.
Foreign Attachment, Is an Attachment of Fo-
reigners Goods, found within a Liberty or City, for the
Satisfaction of fome Citizen to whom the Foreigner
is indebted; or of Money in the Hands of another
Perſon, due to him against whom an Action of Debt
is brought, &c. See Attachment.
Foreign Court, At Lemfter, (Anciently called
Leominfer). There is the Borough and the Foreign
Court; which laft is within the Jurifdiction of the
Manor, but not within the Liberty of the Bailiff of
the Borough: So there is a Foreign Court of the Ho
nour of Glocefter. Clauf. 8. Ed. 2. Foreign bought and
fold is a Custom within the City of London, which
being found prejudicial to the Sellers of Cattle in
Smithfield, it was enacted 22 & 23 Car. 2. that as
well Strangers, as Frçemen, may buy and fell any
Cattle there.
FO
Though as this Stature extends not to Treafon, nor
Appeals, it is faid a Foreign Iffue therein muft ſtill be
tried by the Jury of the County wherein alledged.
3 Inft. 17. H. P. C. 255. In a Foreign Plea in a Civil
Action the Defendant ought to plead to that Place
where the Plaintiff allodges the Matter to be done
in his Declaration; and the Defendant may plead
a Foreign Plea where a Matter is tranfitory, or not
tranfitory; but in the laſt Cafe he muft fwear to it.
Sid. 234. 2 Nelf. 871. When a Foreign Plea is plead-
ed, the Court generally makes the Defendant put
it in upon Oath, that it is true; or will enter up
Judgment for Want of a Plea: But if a Plea in B. R
c. be only to the Jurifdi&ton of the Court, or a
Plea of Privilege, c. if it is not put in on Oath,
Judgment fhall not be fign'd for Want thereof. 5 Mod.
335. Foreign Anſwer is fuch an Anfwer as is not tria-
ble in the County where made: And Foreign Matter is
that Matter which is done in another County, &c.
Salvo
Foreign Service, Is that whereby a mean Lord
Foreign Kingdom, Is a Kingdom under the Do-
minion of a Foreign Prince; fo that Ireland, or any holds of another, without the Compaſs of his own
other Place, ſubject to the Crown of England, can- Fee: Or that which the Tenant performs either to
not with us be called Foreign; though to fome Pur- his own Lord, or to the Lord Paramount, out of
poſes they are diftin&t from the Realm of England. the Fee. Kitch. 299. Of thefe Services, Bracton ſays
If two of the King's Subjects fight in a Foreign King- thus: Item funt quædam fervitia, que dicuntur Forin-
dom, and one of them is killed, it cannot be tried feca, quamvis funt in Charta de Feoffamento expresa Es
here by the Common Law; but it may be tried and nominata; & que ideo dici poffunt Forinfeca, quia perti-
determined by the Conftable and Marfbal, according nent ad Dominum Regem, & non ad Dominum Capita-
to the Civil Law; or the Fact may be examined by lem, &c. Quandoque enim nominantur Forinfeca, large
the Privy Council, and tried by Commiffioners ap- fumpto vocabulo, quoad fervitium Domini Regis, quandoque
pointed by the King in any County of England, by fcutagium, quandoque fervitium Domini Regis, & ideo
Statute. 3 Inft. 48. 33 H. 8. One Hutchinfon killed Forinfecum dici poteft, quia fit & capitur Foris, five
Mr. Colfon abroad in Portugal, for which he was tried extra fervitium quod fit Domino Capitali. Bra&t. lib. 2.
there and acquitted, the Exemplification of which c. 16. And Foreign Service feems to be Knight-Service,
Acquittal he produced under the Great Seal of that or Efeuage uncertain. Perkin 650.
Kingdom; and the King being willing he ſhould be Forinfeco Servitio. Mon. Ang. Tom. 2. pag. 637.
tried here, referred it to the Judges, who all agreed,
that the Party being already acquitted by the Laws
of Portugal, could not be tried again for the fame
Fact here. 3 Keb. 785. If a Stranger of Holland, or
any Foreign Kingdom, buys Goods at London, and gives
a Note under his Hand for Payment, and then goes
away privately into Holland; the Seller may have a
Certificate from the Lord Mayor, on Proof of Sale
and Delivery of the Goods; upon which the People
of Holland will execute a legal Procefs on the Par-
ry. 4 Inft. 38. Alfo at the Inftance of an Ambaffa-
dor or Conful, fuch a Perfon of England, or any
Criminal againſt the Laws here, may be fent from
a Foreign Kingdom hither. Where a Bond is given,
or Contract made in a Foreign Kingdom, it may be
tried in the King's Bench, and laid to be done in any
Place in England. Hob. 11. 2 Bulft. 322. And an
Agreement made in France, on two French Perfons
marrying, touching the Wife's Fortune, has been
decreed here to be executed, according to the Laws
of England; and that the Husband furviving fhould
have the Whole: But Relief was firft given for a
certain Sum, and the reft to be governed by the
Custom of Paris. Preced Canc. 207, 208.
-
Foreigners, Though made Denizens or natura-
lized here, are difabled to bear Offces in the Go-
vernment, to be of the Privy Council, Members
of Parliament, &c. by the Acts of Settlement of
12 W. 3. cap. 2. ´ I Geo. I. c. 4.
the Crown.
Fozejudger, (Forjudicatio) A Judgment whereby a
Perfon is deprived or put by the Thing in Que-
ftion. Bract. lib. 4. To be forejudged the Court, is
when an Officer or Attorney of any Court is expelled
the fame for fome Offence; or for not appearing to
an A&tion, on a Bill filed against him, &c. And in
the latter Cafe, he is not to be admitted to practice
in the Court, till he appears. 2 Hen. 4. cap. 8. If
an Attorney privileged in C. B. is fued, after a Bill
filed against him, the Plaintiff's Attorney delivers
it to one of the Criers of the Court, who calls the
Attorney Defendant by his Name, and folemnly
proclaims aloud, that if he does not appear to fuch
Bill, he will be forejudged: And when the Crier hath
fo called fuch an Attorney, the Bill is delivered to
the Secondary, who gives a Rule for him to appear,
or he will ſtand forejudged: After which this Bill is
to be carried to the Prothonotary's Office, and
there filed and entered; and if the Attorney ap-
Foreign Dppoler, or Appofer. See Ex hequer. pears not in four Days, then the Bill is entered up-
Foreign Plea, Is a Plea in Objection to a Judge, on a Roll of that Term, and carried to the Clerk
where he is refuted as incompetent to try the Mat- of the Warrants and Inrolments; and he thereupon
ter in Queſtion, becauſe it arifes out of his Jurifttrikes fuch Attorney out of the Roll of Attornies,
diction. Kitch. 75. Stat. 4 Hen. 8. cap. 2. And if a when he ftands unprivileged, and may be arreſted
Plea of iffuable Matter is alledged in a different as any other Perfon, &c. Practif Solic. 322. Attorn.
County from that wherein the Party is indicted or Compan. 182, 183. But an Attorney forejudged, may
appealed, by the Common Law, fuch Pleas can on- be reftored, on clearing himself from his Contuma-
ly be tried by Juries returned from the Counties cy in not appearing when he was called, and on
wherein they are alledged. 2 Hawk. P. C. 404. But making Satisfaction to the Plaintiff; and then a
by the Stat. 33 H. 8. c. 14. all Foreign Pleas triable Judge will make an Order to the Clerk of the War
by the Country, upon an Indi&tment for Petit
Treafon, Murder or Felony, fhall be forthwith
tried without Delay, before the fame Juftices
before whom the Party fhall be arraigned, and by
the Jurors of the fame County where he is arraign-
ed, notwithſtanding the Matter of the Pleas are al-
ledged to be in any other County or Counties:
rants, to replace him in the proper Roll of Attor-
nics: And there are Inftances of restoring Attor-
nies forejudged, upon Payment of a fmall Fine. Ibid.
Rafal 96.
Form
2
FO
FO
Form of a Forejudger of an Attorney.
E it remember'd, that on the Day of, &c. this
Blame Term, la B. came here into this Court by,
•
|
King, may erect a Fore on his own Ground and
As
and prohibits all Perfons from hunting there without
his Leave; and then he appointeth Officers fit for
the Preſervation of the Vert and Veniſon, and ſo it
becomes a Foreft on Record. Manw. cap. 2. Tho' the
&c. his Attorney, and exhibited to the Fuftices of our So- Waftes; he may not do it in the Ground of other
vereign Lord the King, his Bill against J. M. Gent. one Perfons, without their Confents; and Agreements
of the Attornies of the Common Bench of our faid So with them for that Purpoſe, ought to be confirmed
vereign Lord the King, perfonally prefent here in Court; by Parliament. 4 Inft. 300. Proof of a Foreft appears
the Tenor of which Bill follows in thefe Words, that is to by Matter of Record; as by the Eyres of the Juftices
fay, To the Fufices of our Sovereign Lord the King, of the Foreft, and other Courts, and Officers of Forests,
A. B. by, &c. his Attorney, complains of J. M. one of and not by the Name in Grants. 12 Rep. 22.
the Attornies, &c. for that whereas, &c. (fetting forth Parks are inclofed with Wall, Pale, &c. fo Forefts and
the whole Bill.) The Pledges for the Profecution are Chafes are inclofed by Metes and Bounds; íuch as
John Doe and Richard Roe: Whereupon the faid J. M. Rivers, Highways, Hills, c. which are an Incloſure
being folemnly called, came not; therefore he is forc-in Law; and without which there cannot be a Foreft.
judged from exercifing his Office of Attorney of this Court, 4 Inft. 317. And in the Eye of the Law, the Boun-
for his Contumacy, &c,
daries of a Foreft go round about as it were a Brick
Wall, directly in a right Line the one from the other;
Fozefchoke, (Derelictum) Is of the fame Meaning and they are known either by Matter of Record,
with Forfaken in modern Language; in one of our or Prefcription. Ibid. Bounds of Foreft, may be afcer-
Statutes, it is ſpecially used for Lands or Tenements tained by Commiffion from the Lord Chancellor;
feifed by a Lord, for Want of Services performed and Commiffioners, Sheriffs, Officers of Forests, &c.
by the Tenant, and quietly held by fuch Lord be- are empowered to make Inquefts thereof. Stat. 16
yond a Year and a Day; now the Tenant, who fec-17 Car. I. c. 16. Alfo the Boundaries of Forefts
ing his Land taken into the Hands of the Lord, and are reckoned a Part of the Foreft; for if any Perfon
poffeffed fo long, and not purfuing the Courfe ap- kill or hunt any of the King's Deer in any High-
pointed by Law to recover it, doth in Prefumption way, River, or other inclufive Boundary of a Forest,
of Law difavow or forfake all the Right he hath he is as great an Offender as if he had killed or
to the fame; and then fuch Lands fhall be called hunted Deer within the Foreft itself. 4 Inft. 318. By
Forefchoke. Stat. 10 Ed. 2. c. I.
the Grant of a Forest, the Game of the Foreft do
Fozelt, (Foresta, Saltus) Signifies a great or vaft pafs; and Beafts of Foreft are the Hart, Hind, Buck,
Wood; Locus Sylveftris & Saltuofus. Our Law-Wri- Doe, Boar, Wolf, Fox, Hare, &c. The Scafons
ters define it thus, Forefta eft Lo us ubi fera inhabi- for hunting whereof are as follow, viz. That of the
tant vel includuntur; others fay it is called Forefta, Hart and Buck, begins at the Feast of St. John Bap-
quafi ferarum ftatio, vel tuta manfio ferarum. Man- tift, and ends at Holy-rood Day; of the Hind and
wood in his Foreft Laws gives this particular Defini- Doe, begins at Holy-rood, and continues till Candle-
tion of it: A Foreft is a certain Territory or Cir-mas; of the Boar, from Christmas to Candlemas; of
cuit of Woody Grounds and Paftures, known in its the Fox, begins at Christmas, and continues till
Bounds, and privileged, for the peaceable Being Lady-Day; of the Hare, at Michaelmas, and latts
and Abiding of wild Beafts, and Fowls of Foreft, till Candlemas. Dyer 169. 4 Inft. 316. Not only
Chaſe and Warren, to be under the King's Protec- Game, &c. are incident to a Foreft, but also a Foreft
tion for his Princely Delight; replenished with hath divers fpecial Properties. 1. A Foreft truly and
Beasts of Venary or Chafe, and great Coverts of ftri&tly taken cannot be in the Hands of any but the
Vert for Succour of the faid Beaſts; for Prefervation King; for none but the King hath Power to grant
whereof there are particular Laws, Privileges and Commiffion to any one to be a Justice in Eyre of the
Officers belonging thereunto. Manw. part 2. cap. 1. Foreft: But if the King grants a Forest to a Subject,
Forefts are of that Antiquity in England, that (ex- and granteth farther that upon Requeft made in
cept the New Foreft in Hampshire, created by Wil Chancery, he and his Heirs fhall have Juftices of
liam called The Conqueror, and Hampton Court erected the Foreft, then the Subje&t hath a Forest in Law. 4
by King Hen. 8.) it is faid there is no Record or Inft. 314. Cro. Fac. 155. The fecond Property of a
Hiſtory doth make any certain Mention of their E- Foreft is the Courts; as the Justice-Seat, the Swain-
rections and Beginnings; tho they are mentioned mote, and Court of Attachment. The third Property
by feveral Writers; and, in divers of our Laws and is the Officers belonging to it; as firft the Justices
Statutes. 4 Inft. 319. Our ancient Hiftorians tell us, of the Foreft, the Warden or Warder, the Verderors,
that New Forest was raised by the Deftru&tion of Forefters, Agifters, Regarders, Keepers, Bailiffs, Beadles,
twenty-two Parish Churches, and many Villages, c. Though as to the Courts, the moft efpecial
Chapels and Manors, for the Space of thirty Miles Court of a Foreft is the Swainmote, which is no lefs
together; which was attended with divers Judg-incident to it than a Court of Pie-powders to a Fair:
ments on the Pofterity of King Will. 1. who erected And if this fail, there is nothing remaining of a Fo-
it; for William Rufus was there fhot with an Arrow, rest, but it is turned into the Nature of a Chafe.,
and before him Richard the Brother of Hen. I. was Manw. cap. 21. Crompt. Jur. 146. There is but one
there killed; and Henry Nephew to Robert, the eld-Chief Fuftice of the Forests on this Side Trent, and he
eft Son of the Conqueror, did hang by the Hair of
the Head in the Boughs of the Foreft like unto Abfa.
lom. Blount. Befides the New Foreft, there are fixty-
eight other Forefts in England; thirteen Chafes, and
more than ſeven hundred Parks: The four principal
Forefts are New Forest on the Sea, Shirewood Foreft on
the Trent, Dean Foreft on the Severn, and Windfor Fo
reft on the Thames. The Way of making a Foreft is
thus: Certain Commiffioners are appointed under
the Great Seal of England, who view the Ground
intended for a Forest, and fence it round with Metes
and Bounds; which being returned into the Chan-
cery, the King caufed it to be proclaimed through-
out the County where the Land lieth, that it is a
Foreft and to be governed by the Laws of the Foreft,
દ
is named Fufticiarius Itinerans Foreftarum, &c. citra
Trentam; and there is another Capitalis Fufticiarius,
and he is Fufticiarius Itinerans omnium Foreftarum ultra
Trentam, &c. who is a Perfon of greater Dignity,
than Knowledge in the Laws of the Foreft; and there-
fore when Justice Seats are held, there are affſociated
to him fuch as the King fhall appoint, who together
with him determine Omnia placita forefte, &c. 4 Inft.
315. A Justice in Eyre cannot grant Licence to fell
any Timber, unless it be fedente Curia, or after a
Writ of Ad quod Damnum: And it hath been refolved
by all the Judges, that though Juftices in Eyre, and
the King's Officers within his Forests have Charge of
Venifon, and of Vert or Green Hue, for the Main-
tenance of the King's Game, and all Manner of
4 Q
Trees
+
FO
FO
{
❤
•
Trees for Covert, Browſe and Pawnage; yet when Summons is to be directed to the Sheriff of the Coun-
Timber of the Foreft is fold, it must be cut and ta-ty, and another Writ Cuftodi Forefte Domini Regis vel
ken by Power under the Great Seal or the Exchequer ejus locum tenenti, &c. Which Writ of Summons con-
Seal by View of the Forefters, that it may not be fifts of two Parts: First, To fummon all the Officers
had in Places inconvenient for the Game: And the of the Forest, and that they bring with them all Re-
Justice in Eyre, or any of the King's Officers in the cords, . Secondly, All Perfons which claim any
&c.
Foreft, cannot fell or difpofe of any Wood within the Liberties or Franchifes within the Foreft, and to fhew
Foreft without Commiffion; fo that the Exchequer how they claim the fame: If there be erroneous Judg.
and the Officers of the Foreft have Divifum Imperium, ment at the Juftice-Seat, the Record may be remo-
the one for the Profit of the King, the other for his ved by Writ of Error into B. R. 4 Inft. 291. The
Pleaſure. 3d Vol. Read. on Stat. pag. 304, 305, Alfo Court of Regard, or Survey of Dogs, is holden like-
no Officer of the Foreft can claim Windfalls, or Do- wife every third Year, for Expeditation or Lawing
tard Trees, for their Perquifires, becauſe they were of Dogs; by cutting off to the Skin three Claws of
once Parcel of the King's Inheritance; but they the Fore-feet, to prevent their running at and kil- «
ought to be fold by Commiffion, for the King's bestling of Deer. By Statute, three Courts of Swainmote
Benefit. Ibid. If any Officers cut down Wood, nor are to be held for Forefts in the Year; one fifteen
neceſſary for Browfe, &c. they forfeit their Offices. Days before Michaelmas, another about Martinmas,
9 Rep. 50. The Lord of a Foreft may by his Officers and the third fifteen Days before Midſummer: And
enter into any Man's Wood within the Regard of Prefentments of Trefpaffes of Green Hue, and hunt-
the Forest, and cut down Browfc-Wood for the Deering in Forefts, muft be made at the next Swainmote
in Winter. 2 Par. Game Law, p. 46. A Preſcription by Forefters, c. Alfo no Officer of the Foreft fhall
for a Perſon to take and cut down Timber-Trees in furcharge the Foreft, on Pain of Impriſonment by the
a Foreft, without View of the Forefter, it is faid may Juftices of the Foreft. Charta de Forefta, 9 Hen. 3.
be good: But of this Quare, without Allowance of cap. 1. Ordinatio de Foreſta, 34 Ed. 1. Fuftices of Fo-
a former Eyre, &c. If a Man hath a Wood in a rests, &c. may make Deputies. 32 Hen. 8. cap. 35.
Foreft, and hath no fuch Preſcription, the Law will The Chief Warden of the Foreft is a great Officer,
allow him to fell it, fo as he doth not prejudice the next to the Juftice of the Foreft, to bail and diſcharge
Game, but leave fufficient Vert; but it ought to be Offenders; but he is no judicial Officer: And the
by Writ of Ad quod Damnum, &. 4 Inft. Cro. Fac. Conftable of the Caftle where a Foreft is, by the Fo-
155. And every Perfon in his own Wood in a Fo-reft Law is Chief Warden of the Foreft, as of Windfor
veft may take Houfe bote and Hay bote, by View of Castle, &c. A Verderor is a judicial Officer of the
the Forefter; and fo may Freeholders by Prefcrip- Foreft, and chofen in full County, by the King's
tion, Copyholders by Cuftom, &c. 1 Ed. 3. cap. 2. Writ: His Office is to obferve and keep the Affifes
The Wood taken by View of the Forefter, ought to or Laws of the Forest, and view, receive and inrol
be prefented at the next Court of Attachment, that it the Attachments and Prefentments of all Trefpaffes
was by View, and may appear of Record. Fences, of the Foreft, of Vert and Venifon, and to do equal
c. in Forefts and Chafes, muft be with low Hedges, Right and Juftice to the People: The Verderors are
and they may be deftroyed, though of forty Years the Chief Judges of the Swainmote Court; although
Continuance, if they were not before. Cro. Fac. 156. the Chief Warden, or his Deputy, ufually fits there.
He whofe Wood is in Danger of being ſpoiled, for 4 Inft. 292. The Regarder is to make Regard of the
Want of repairing Fences by another, ought to re- Foreft, and to view and enquire of Offences, Con-
queft the Party to make good the Hedges; and if cealments, Defaults of Foresters, &c. Before any Ju-
he refufe, then he must do it himself, and have Ac-ftice-Seat is holden, the Regarders of the Foreft muft
tion on the Cafe against the other that should have make their Regard, and go through and view the
done it. 1 Jones 277. A Perfon may have Action at whole Foreft, &ć. They are minifterial Officers,
Common Law, for a Trefpafs in a Foreft, as to conftituted by Letters Patent of the King, or cho-
Wood, &c. to recover his Right. Sid. 296. The fen by Writ to the Sheriff. 4 Inft. 291. A Forefter is
Court of the Fuftice in Eyre may proceed upon the Pre- in legal Understanding a fworn Officer minifterial of
fentments or Verdicts in the Swainmote, &c. And the Foreft, and is to watch over the Vert and Veni-
Prefentments and Convictions of the Court of At- fon, and to make Attachments and true Prefent-
tachment and Swainmote, muſt be delivered to the ments of all manner of Trefpaffes done within the
Lord Chief Juftice in Eyre, at the next Court of Forest: A Forefter is alſo taken for a Woodward: This
Juftice-Seat, &c. where Judgment is to be given: Officer is made by Letters Patent, and 'tis faid the
And the Plea of the Foreft runs thus; Præfentatio per Office may be granted in Fee or for Life. 4 Inft. 293.
Foreftarios, & Convictio per Viridarios, &c. The Court Every Forefter when he is called at a Court of Justice-
of Attachment or Woodmote in Forefts, is kept every Seat, ought upon his Knees to deliver his Horn to
forty Days; at which the Foresters bring in the At-the Chief Juftice in Eyre; fo every Woodward
tachments de viridi & venatione, and the Prefentments ought to prefent his Hatchet to my Lord. A Riding
thereof, and the Verderors do receive the fame, Forefter is to lead the King in his Hunting. I fones
and inrol them; but this Court can only enquire, 277. The Office of Forefter, &c. though it be a
and not convict. 4 Inft. 289. The Court of Swainmote Fee-fimple, cannot be granted or affigned over,
is holden before the Verderors, as Judges, by the without the King's Licence. 4 Inft. 316. If a Fo-
Steward of the Swainmote, thrice in the Year: Therefter by Patent for Life, is made Juftice of the
Freeholders within the Foreft, are to appear at this
Court, to make Inqucfts and Juries; and this Court
may enquire de fuperonatione Foreftariorum & aliorum
Miniftroum Forefte & de eorum Oppreffionibus populo
noftro illatis: It may enquire of Offences, and convict
alio, but not give Judgment, which must be at the
Juftice Seat. Ibid. The Court of the Chief Justice in
Eyre, or Justice-Seat, is a Court of Record, and hath
Authority to hear and determine all Trefpaffes,
Pleas, and Caufes of the Foreft, &c. within the Fo-
reft, as well concerning Vert and Venifon, as other
Caufes whatſoever; and this Court cannot be kept
oftener than every third Year. As before other Ju-
ftices in Eyre, it must be fummoned forty Days at
leaft before the Sitting thereof; and one Writ of
I
J
fame Foreft pro bac vice, the Forefter fhip is become
void; for thefe Offices are incompatible, as the Fo-
refter is under the Correction of the Juſtice, and he
cannot judge himself. 4 Inft. 313. An Agifter's Of
fice is to attend upon the King's Woods and Lands
in a Foreft, receive and take in Cattle, &c. by A-
giftment, that is to depafture within the Foreft, or
to feed upon the Pawnage, c. And this Officer is
conftituted by Letters Patent. 4 Inft. 293. Perfons
inhabiting in the Forest, may have Common of Her-
bage for Beafts commonable within the Foreft; but
by the Foreft Law, Sheep are not commonable there,
becauſe they bite fo clofe that they deftroy the
Vert; and yet it has been held, that Sheep may be
commonable in Forefts by Prefcription. 3 Bulft. 213.
There
f
›
"
1
F O
FO
Body, and carry him to Prifon; from whence he
fhall not be delivered without fpecial Warrant from
the King, or his Juftices of the Foreft, &c. But by
:
There may be a Preſcription for Common in a Fo-
reft at all Times in the Year; tho' it was formerly
the Opinion of our Judges, that the Fence-month
fhould be excepted. 3 Lev. 127. A Foreft may be Ed. 3. c. 8. Perfons are bailable if not taken in the
difafforested and laid open; but Right of Common Manner, as with a Bow ready to fhoot, carrying a-
fhall remain. Popb. 93. He that hath a Grant of way Deer killed, or ſmeared with Blood, &c. 'Tho'
the Herbage or Pawnage of a Park, Foreft, &c. can- if one be not thus taken, he may be attached by his
not take any Herbage or Pawnage, but of the Sur Goods. 4 Inft. 289. The Warden of the Forest hall
plufage over and above a competent and fufficient let fuch to Mainprife until the Eyre of the Foreft; or
Pafture and Feeding for the Game; and if there be a Writ may be had out of the Chancery to oblige
no Surplufage, he that hath the Herbage and Pawn him to do it; and if he refufe to deliver the Party,
age, cannot put in any Beafts; if he doth, they a Writ fhall go to the Sheriff to attach the Warden,
may be driven out. 3 Vol. Read. on Stat. 305. None &c. who fhall pay treble Damages to the Party griev
may gather Nuts in the Foreft, without Warrant. ed, and be committed to Prifon, &c. Stat. i Ed. 3.
A Ranger of a Foreft is one whofe Bufinefs it is to re- No Officer of the Foreft may take or impriſon any
chafe the wild Beafts from the Purlieus into the Fo- Perfon without due Indictment, or per main ouore,
reft, and to prefent Offences within the Purlieu, with his Hand at the Work; nor fhall constrain any
and the Foreft, &c. And though he is not properly to make Obligation against the Affife of the Foreft, on
an Officer in the Foreft, yet he is a confiderable Of Pain to pay double Damages, and to be ranfomed
ficer of and belonging to it. The Readle is a Foreft at the King's Will. 7 R. 2. c. 4. A Forefter fhall not
Officer, that warns all the Courts of the Foreft, and be queftioned for killing a Trefpaffer, who (after
executes Procefs, makes all Proclamations, the Peace cried unto him) will not yield himſelf;
4 Inft. 313. There are alfo Keepers or Bailiffs of fo as it be not done out of fome former Malice. 21
Walks in Forefts and Chafes, who are fubordinate Ed. 1. but if Trefpaffers in a Foreft, &c. kill a Man
to the Verderors, &c. And thefe Officers cannot be who oppofes them, although they bore no Malice to
fworn on any Inquefts or Juries out of the Foreft. If the Perfon killed, it is Murder; becauſe they were
any Man hunt Beafts within a Foreft, although they upon an unlawful A&t, and therefore Malice is im-
are not Beafts of the Foreft, they are punishable by plied. Rol. Abr. 548. And if Murder be committed
the Forest Laws; because all Hunting there, without by fuch Trefpaffers, all are Principals. Kel. Rep. 87.
Warrant, is unlawful. 4 Inft. 314. If a Deer be If a Man come into a Foreft in the Night-time, the
hunted in a Foreft, and afterwards by Hunting it is Forefter cannot juftify Beating him before he make
driven out of the Foreft, and the Forefter follows the Refiftance; but if he refifts, he may juftify the Bat-
Chafe, and the Owner of the Ground where driven tery. Perfons may be fined for concealing the Kil-
kills the Deer there; yet the Forefter may enter ling of Deer by others; and fo for carrying a Gun,
into the Lands and retake the Deer: For Property with an Intent to kill the Deer: And he that fteals
in the Deer is in this Cafe by Purfuit. 2 Leon. 201. Venifon in the Forest, and carries it off on Horfe-
He that hath any Manner of Licence to hunt in a back, the Horfe fhall be forfeited, unless it be a
Forest, Chafe, Park, c. must take heed that he do Stranger's ignorant of the Fact. 2 Par. Game Law
not abuſe his Licence, or exceed his Authority; for 34, 35. Where Heath is burned in a Foreft, the
if he do, he ſhall be accounted a Trefpaffer ab Offenders may be fined: And if any Man cuts down
initio, and be puniſhed for that Fact as if he had no Bufhes and Thorns, and carries them away in a
Licence at all. Manw. 280, 288. Every Lord of Cart, he is finable; and the Cart and Horfes fhall
Parliament fent for by the King, may in coming be feifed by the Forest Laws. Ibid. 36, 46. But a
and returning kill a Deer or two in the King's Fo-Man may prefcribe to cut Wood, &c. And every
reft or Chaſe through which he paffes; but it muft Freeman within the Foreft, may on his own Ground
not be done privily, without the View of the Fo-make a Mill Dyke, or Arable Land, without en-
refter if prefent; or if abfent by caufing one to blow clofing fuch Arable; but if it be a Nufance to o-
a Horn, becauſe otherwife he may be a Trefpaffer, thers, it is punishable. Chart. Foreft. c. 11. 12 Rep. 22.
and feem to ſteal the Deer. Chart. Foreft. c. 11. 4 Inft. And if any having Woods in his own Ground, within
308. Lex Forefte is a private Law, and muft be any Foreft, or Chafe, fhall cut the fame by the King's
pleaded. 2 Leon. 209. But it hath been obferved, Licence, &c. he may keep them ſeveral and in-
that the Laws of the Forest are eſtabliſhed by A&t of clofed, for feven Years after Felling. 22 E. 4. 7. By
Parliament, and for the most part contained in Charta de Foresta, no Man fhall lofe Life or Member
Charta de Foresta, 9 H. 3. and 34 Ed. 1. By the Law for killing the King's Decr in any Foreft, &c. but
of the Foreft, Receivers of Trefpaffers in hunting or fhall be fined; and if he have nothing to pay the
killing of Deer, knowing them to be fuch, or any Fine, he fhall be imprifoned a Year and a Day; and
of the King's Venifon, are principal Trefpaffers; then be delivered, if he can give good Security
though the Treſpaſs was not done to their Ufe or not to offend for the future; and if not, he fhall ab
Benefit, as the Common Law requires; by which jure the Realm: Before this Statute, it was Felony
the Agreement fubfequent amounts to a Command-to hunt the King's Deer. 2 Roll. 120. To hunt in a
ment: But if the Receipt be out of the Bounds of Foreft, Park, &c. in the Night difguifed, if denied
the Foreft, they cannot be punished by the Laws of or concealed, upon Examination before a Juftice of
the Foreft, being not within the Foreft Jurifdi&tion, Peace, it is Felony: But if confeffed, it is only
which is local. 4 Inft. 317. If a Trefpafs be done Fineable. i H. 7. c. 7. By the 9 Geo. 1. cap. 22. If
in a Foreft, and the 'Trefpaffer dies, it fhall be pu- any Perfons armed and difguifed, fhall appear in any
nifhed after his Death in the Life-time of the Heir, Forest, Chafe, &c. where Deer are kept, and hunt,
contrary to the Common Law. Hue and Cry may wound, kill or fteal any Deer; or if any Perfons
be made by the Forest Law for Trefpafs, as to Veni- fhall procure any one to join with them in any
fon; though it cannot be purfued but only within fuch unlawful A&t; or fhall refcue fuch an Offender,
the Bounds of the Forest. 4 Inft. 294. And not pur-&c. they fhall be guilty of Felony. And the Nor-
fuing Hue and Cry in the Foreft, a Township, &c. man Kings punifhed thofe who hunted and killed
may be fined and amerced. In every Trefpafs and Deer in Forefts with great Severity, inflicting their Pu-
Offence of the Forest in Vert or Venifon, the Pu- nifhments in various Ways; as by Hanging, Forfei-
nishment is, to be imprifoned, ranfomed, and bound
to the good Behaviour of the Forest, which must be
executed by a judicial Sentence by the Lord Chief
Juftice in Eyre of the Foreft. If any Forefter find any
Perfon hunting without Warrant, he is to arrest his
ture of Goods, and Lofs of Limbs, Gelding, and put-
ting out Eyes, &c. W. 1. H. 1. R. 1. &c. Felony com-
mitted within a Foreft, is enquired of before the Judges
of the Common Law; and not by the Juftice of the
Foreft. See Drift of the Forest, Chafe and Purlieu.
1
Forestagium
FO
FO
0
1
Fozelagium Seems to fignify fome Duty payable
to the King's Foresters, as Chiminage or fuch like: Et
fint quieti de Thelonio & Passagio, & de Foreftagio, &c.
Chart. 18 E. 1.
Alfo where Land
ご
​feiture of Life and Member, and all that a Man
hath. Leg. H. 1. c. 88. And there is Mention in fome
Statutes, of Forfeiture at the King's Will, of Body,
Lands, and Goods, &c. 4 Inft. 66. Forfeitures are in
Forettal, (Foreftallamentum, from the Sax. Fore, Criminal Matters, where a Perfon is attainted of
e. via & Stal) Is to intercept on the Highway. Treafon, Felony, &c. And as all Eftares are faid
Spelman fays, it is Via obftructio, vel itineris interceptio; to be derived from the Crown; fo all Forfeitures
with whom agrees Coke on Litt. fol. 161. And ac- and Efcheats of Lands belong to the King, unleſs
cording to Fleta, Foreftalling fignificat obftructionem granted away. Finch 132, 164.
Via vel Impedimentum tranfitus & fuga averiorum, &c. comes to the Crown, as forfeited by Attainder of
lib. 1. cap. 24. In our Law, Foreftalling is the Buy-Treafon, all mefne Tenures of common Perfons
ing or Bargaining for any Corn, Cattle, or other are extin&t; but if the King grant it out, the for-
Merchandize, by the Way as they come to Fairs or mer Tenure fhall be revived, for which a Petition
Markets to be fold, before they are brought of Right lies. 2 Hale's Hift. P. C. 254. In Treafon,
thither; to the Intent to fell the fame again, at a all Lands of Inheritance, whereof the Offender was
higher and dearer Price. By the 5 & 6 Ed. 6. cap. feifed in his own Right, were forfeited by the Com-
2 Hawk. P.
14 any buying or contracting for Merchandize, mon Law; and Rights of Entry, &c.
Victuals, or other Thing whatfoever in the Way, C. 448. And the Inheritance of Things not lying
coming by Land or Water to any Fair or Market, in Tenure, as of Rent-Charges, Commons, &c. fhall
or to any Port, &c. to be fold, or caufing the fame be forfeited in High Treafon: But no Right of Ac-
to be bought, or diffuading People by Word, Let-tion whatfoever to Lands of Inheritance is forfeited,
ter, Meffage, or otherwife, from bringing fuch either by the Common or Statute Law. Ibid. 449
Things to Market, or perfuading them to enhance All Lands, Tenements, &c. are forfeited in Treafon
the Price after they are brought thither, is Forestall by Stat. 26 H. 8. c. 13. And the King fhall be ad-
ing: And the Party guilty of any Offence of Fore-judged in Poffeffion of Lands and Goods forfeited for
falling, &c. upon Conviction at the Quarter-Sef-Treafon on the Attainder of the Offender, without
fions by two Witneffes, on Bill, Information, Pre-any Office found, faving the Right of others. 33
fentment, &c. fhall for the firft Offence, lofe the H. 8. c. 20. Lands and Hereditaments in Fee-fimple
Goods fo bought, or the Value of them, and fuffer and Fee-tail, are forfeited in High Treafon: But
two Months Imprisonment; for the fecond Offence, Lands in Tail could not be forfeited only for the Life
he fhall forfeit double the Value, and be impri- of Tenant in Tail, till the Statute 26 H. 8. by
foned fix Months; and for the third Offence, he which Statute they may be forfeited. 2 Hawk. Where
fhall lofe all his Goods, be fet upon the Pillory, and Tenant for Life, &c. is attainted, the King fhall
be impriſoned at the King's Pleafure. Stat. Ibid. The have the Profits of the Lands during the Life of
Forfeitures are to the King's Ufe only, if there are fuch Tenant only. 2 Inft. 37. There fhall be no
no Informers; otherwife a Moiety goes to the King, Forfeiture of Lands for Treafon of dead Perfons, not
3
and a Moiety to the Informer. All Endeavours to atainted in their Lives. Stat. 34 Ed. 3. cap. 12.
enhance the common Price of any Victuals or Mer-Inft. 12. Tho' the Chief Juftice of B. R. as Sove-
chandiſe, and Practices which have an apparent reign Coroner may view the Body of a Perfon kill-
Tendency thereto, whether by fpreading falfe Ru-ed in a Rebellion, and make a Record thereof,
mours, or buying Things in a Market before the whereby he fhall forfeit Lands and Goods. Wood's
accuftom'd Hour, or by buying and felling again the Inft. 654. And a Man may be attainted by A&t of
fame Thing in the fame Market, &c. are highly Cri- Parliament. 3 Inft. After the Deceaſe of the Pre-
minal by the Common Law; and all fuch Offences tender, no Attainder for Treafon in Scotland fhall
anciently came under the general Appellation of make any Forfeiture, to difinherit the Heir, &c. Stat.
Foreftalling. 3 Inft. 195, 196. And fo jealous is the 7 Ann. cap. 21. Upon Outlawry in Treafon or Fe-
Common Law of Practices of this Nature, which lony, the Offender fhall forfeit as much as if he had
are a general Inconvenience and Prejudice to the appeared, and Judgment had been given againſt him,
People, and very oppreffive to the poorer Sort, that fo long as the Outlawry is in Force. 3 Inft. 52, 212.
it will not fuffer Corn to be fold in the Sheaf before For Petit Treafon, Murder, Burglary, Robbery, and all
thrashed; for by fuch Sale the Market is in Effect Felonies for which the Offenders fhall fuffer Death,
Foreftalled. 3 Inft. 197. H. P. C. 152. By the Com-they fhall forfeit all their Lands in Fee-fimple,
1 Lill. Abr. 628.
mon Law Perfons guilty of Foreftalling upon an In- Goods and Chatrels. 1 Inft. 391.
dictment found, are liable to a Fine and Imprifon- But Gavelkind Land in Kent is not forfeited by com-
ment, anfwerable to the Heinoufnefs of their Of-mitting of Felony; and by a Felony only, entailed
fence. 1 Hawk. 235. See Ingroffer.
Foreltaller, Is a Perfon guilty in any of the
ftances and Particulars defcribed of Foreftalling. 5
& 6 E. 6. c. 14.
Lands are not forfeit. S. P. C. 3. 26. Land that one
In-hath in Truft; or Goods and Chattels in Right of
another, or to another's Ufe, &c. will not be liable
to Forfeiture. Though Leafes for Years, in a Man's
Forfang or Fozefeng, (from the Sax. Fore, ante & own, or his Wife's Right; Eftates in Jointenancy,
fangen, prendere) Is the Taking of Proviſion from &c. and all Statutes, Bonds, and Debts due thereby,
any one in Fairs or Markets, before the King's Pur-and upon Contracts, &c. fhall be forfeited. I Inft. 42,
veyors are ferved with Neceffaries for his Majefty. 151. Staundf. 188. A married Man guilty of Fe-
Eft captio obfoniorum, qua in Foris aut Nundinis lony, Forfeits his Wife's Term; and if a Wife kill
ab aliquo fit, priufquam Minifter Regis ea ceperit qua her Husband, the Husband's Goods are forfeited. Fenk.
Regi fuerint neceffaria. Antecaptio vel præventio
Et fint quieti de Wardwite & Forfeng & With-
fang, &c. Chart. Hen. 1. Hofp. Sancti Barth. Lond.
Anno 1133.
-
Cent. 65. In Manslaughter, the Offender forfeits Goods
and Chattels : And in Chance-medley and ſe Defen-
dendo, Goods and Chattels; but the Offenders have
their Pardon of Course. 1 Inft. 391. Thofe that are
Forfeiture, (Forisfactura, from the Fr. Forfait) Sig- hanged by Martial Law in Time of War, forfeit no
nifies the Effect or Penalty of trafgreffing fome Lands. 1 Inft. 13. And for Robbery or Piracy, &c.
Law. It is of Lands or Goods, and differs from on the Sea, if tried in the Court of Admiralty by
Confifcation, in that Forfeiture is more general; where- the Civil Law, and not by Jury, there is no Forfei
as Confifcation is particulary applied to fuch as are ture: But if a Perfon be attainted before Commif
forfeit to the King's Exchequer, and Confifcate Goods fioners by Virtue of the Statute 28 Hen. 8. there
are faid to be fuch as no Body doth Claim. Staundf.
P. C. 186. There is a full Forfeiture, plena Forisfac-
tura, otherwife called Plena Wita, which is a For-
works a Forfeiture. 1 Lill. Abr. The King fhall have
Goods of Felons, and Year, Day and Waſte in their
Lands, &c. which afterwards go to the Lord of
the
I
1
FO
FO
1
the Manor of whom held. Magna Charta, cap. 22. | being oufted, bring an Affile ut de libero Tenemento,
and 17 Ed. 2. cap. 14. And the Profits of Lands. By either of thefe Things, there will be a
whereof a Perfon attainted of Felony is feifed of an Forfeiture of Eftate. Plowd. 15. 1 Rep. 15. 8 Rep. 144.
Eftate of Inheritance in Right of his Wife; or of an
Eltare for Life only in his own Right, are forfeited the Land granted by Tenant for Life, or Years, is
1 Inft. 251. Dyer 324, 152. í Bulſt. 219. But where
to the King, and nothing is forfeited to the Lord. 3 not well conveyed; or the Thing doth not lie in
Infl. 19. Fitz. Aff. 166. By the Conviction of a Fe- Livery, as a Rent, Common, or the like; he will
lon, his Goods and Chattels are forfeited; but by not forfeit his Eftate: And therefore, if a Feoffinent,
Attainder, his Lands and Tenements. 1 Inft. 291. Gift in Tail, or Leafe for another's Life, made by
The Forfeiture in Cafe of Felony fhall relate to the the Tenant for Life, is not good, for Want of
Time mentioned in the Indictment when the Felony Words in the Making it, or due Execution in the
was committed, as to the avoiding of Eftates and Livery and Seifin, this fhall not produce a Forfeiture.
Charges after; but for the mean Profits of the 2 Rep. 55. When Tenant in Tail makes Leafes,
Land, it fhall relate only to the Judgment. 1 Inft. not warranted by the Statute; a Copy holder com-
390. Goods or Lands of one arrested for Felony, mits Waste, refufes to pay his Rent, or do Suit of
mhall not be ſeiſed before he is convict or attaint of Court; and where an Estate is granted upon Con-
the Felony; on Pain of forfeiting double Value. Idition, or Non-performance thereof, &c. they will
R. 3. c. 3. Goods of a Felon, &c. cannot be feifed make a Forfeiture. 1 Rep. 15. Alfo Offices may be for-
before forfeited; though they may be inventoried, feited by Neglect of Duty, &c. See Fire.
Record.
-
fons attainted or convicted of Treafon or Rebellion
in Ireland, were vetted in feveral Commiffioners and
Truſtees for Sale thereof; and any Perfon or Socie-
ty might purchaſe any of the faid Lands, and the
Conveyances being inrolled, they should be actually
feifed thereof: And the Commiffioners had Power
to proceed fummarily, and determine by Examina-
tions on Oath, c. The & Geo. I. c. 50. appointed
Commiflioners to enquire of forfeited Eftates in Eng-
land and Scotland, on the Rebellion at Prefton, &c.
And the Eftates of Perfons attainted of Treafon
were veſted in his Majefty for publick Uſes; but
afterwards in Trustees, to be fold for the Uſe of
the Publick; and Purchaſers to be Proteftants. The
Commiffioners had Power to fummon Claimants,
and determine Claims, &c. for which they were a
Court of Record; and five Judges were affigned to
be a Court of Delegates to hear and determine Ap-
peals. The Commiffioners to give up their Ac-
counts to the King, and both Houses of Parlia-
ment: And were alfo impowered to enquire of
Eftates of Popish Recufants, and Lands given to fu-
perftitious Ufes; two Thirds of the former being lia-
ble to Forfeiture, and the latter vefted in the Crown,
&c. Sec i Geo. 1. c. 50. and 4 Geo. I. c.
Geo. I. and 5 Geo. 2. c. 23.
8, 5, 7 & 8
Forgabel, (Forgabulum) A finall reſerved Rent in
Money, or Quit-Rent:
M. vel Haredes mei nihil juris de Tenemento, &c. excep-
Ita quod ego Henricus
tis vi. denar. de Forgabulo annuatim percipiendis ad
Pafcha pro omnibus fervitiis. Ex Cartul. Abbat. de
Rading. MS. f. 88.
and a Charge made thereof before Indictment. Wood's Fozfcited Estates. There are feveral Statutes
Inft. 659. In Treafon or Felony, the Delinquent appointing Commiffioners of forfeited Eftates, on Re-
may fell his Goods, be they Chattels real or perfo-bellions in this Kingdom and Ireland: By II &
nal, bona fide, before Conviction, for his Mainte- 12 W. 3. c. 3. all Lands and Tenements, &c. of Per-
nance in P'rifon; for the King hath no Intereft in
the Forfeiture 'till Conviction. 8 Rep. And where
Goods of a Felon are pawn'd before he is attainted,
the King fhall not have the Forfeiture of the Goods
'till the Money is paid to him to whom they were
pawn'd. 3 Inft. 17. 2 Nelf. Abr. 874, 875. Goods of
Perfons that fly for a Felony, are forfeited to the
Lord of the Franchife, when the Flight is found of
2 Inft. 281. A Felo de fe forfeits all his
Goods and Chattels. 3 Inft. 55. For Mifprifion of
Treafon, the Forfeiture is Goods and Chattels, and
Profits of Lands during Life. 1 Inft. 392. In a Pre-
munire, Lands in Fee fimple are forfeited, with Goods
and Chattels. I Inft. 129. For Petit Larceny the
Offender forfeits his Goods. I Inft. 391. And for
Standing Mute where Perfons are adjudged to Pe-
nance, in Cafes of Felony, there is a Forfeiture of
Goods and Chattels; and fo for challenging above
35 Jurors, &c. 3 Inft. 227. Drawing a Weapon up-
on a Judge, or striking another in the King's Courts,
incurs Forfeiture of the Profits of Lands for Life, and
of Goods: And it is the fame Forfeiture for refcuing
a Priſoner in or before any of thofe Courts, com-
mitted by the Juftices. 2 Cro. 367. 3 Inft. 141. If
a Woman after a Rape, conſent to the Ravifher,
he hall lofe her Dower after the Death of her
Husband, c. Stat. 6 R. 2. c 6. And if any Maiden
or Woman Child above 12, and under 16 Years of
Age, fhall agree to be taken away and deflowred, or
Contract with any Man for Marriage against the
Will and without the Confent of her Father; or if
he be dead, her Mother or Guardian appointed by
her Father's Will, fhe fhall forfeit her Land of In- Forge, (Forgia) A Smith's Forge, to melt and
heritance for her Life. 4 & 5 P. & M. c. 8. Artifi-work Iron. Henricus Rex conceffiffe, &c. & unam
cers going out of the Kingdom, and teaching their
Trades to Foreigners, are liable to forfeit their
Lands, c. by Stat. 5 Gev. 1. c 27.
Fozfeiture in civil Càles, A Man that hath an
Eftate for Life or Years, may forfeit it by many
Ways, as well as by Treafon or Felony, and fuch
Means as are before mentioned: As by Alienation;
by claiming a greater Eltate than he hath; or affirm
ing the Reverfion to be in a Stranger, &c. If Tenant
for Life, in Dower, by the Curtefy, or after Pof
fibility of Iffue extinct, or any Leffee for Years,
Tenant by Statute Merchant, Staple, or Elegit, of
Lands or Tenements that lie in Livery, fhall make
any abfolute or conditional Feoffnent in Fee, Gift
in Tail, Leaſe for any other Life than his own, &c.
or levy a Fine fur Conufance de Droit come ceo, &c. or
fuffer a common Recovery thereof; or being im-
pleaded in a Writ of Right brought against him,
join the Mife upon the meer Right, or admit the
Reverfion to be in another; or in a quid Furis cla-
mat, claim the Fee-fimple; or if Leffee for Years
Forgiam Ferrariam ita liberam. Chart. Hen. 2.
Forgery, (from the Fr. Ferger, i. e. accudere, fa-
bricare, to beat on an Anvil, forge or form) Is
where a Perfon fraudulently makes and publishes
falfe Writings, to the Prejudice of another Man's
Right; or it fignifics the Writ that lies against him
who commits fuch an Offence, the Penalty whereof
is declared in the Stat. 5 Eliz. cap. 14. And For-
gery either at Common Law, or by Statute, pu-
nishable by Indictment, Information, &c. But there
can be no Forgery, where none can be prejudiced by
it but the Perfon doing it. 1 Salk. 375. Forgery by
the Common Law extends to a falfe and fraudulent
making or altering of a Decd or Writing, whether
it be Matter of Record, or any other Writing,
Deed, or Will. 3 Inft. 169. I Roll. Abr. 65. Nor
only where one makes a falfe Deed; but where a
fraudulent Alteration is made of a true Deed, in a
material Part of it, as by making a Leafe of the
Manor of Dale, appear to be a Leafe of the Manor
of Sale, by changing the Letter D. into an S. or
4 R
by
FO
FO
:
!
1
by altering a Bond, &c. for 500 1. expreffed in Fi- | Obligation, Acquitrance, Releaſe, Exc. 3 Leon. 170.
gures, to 5000 1. by adding a new Cypher, thefe And forging an Affignment of a Leafe is not within
are Forgery So it is if a Man finding another's Name the A&t, becauſe it doth not charge the Lands, but.
at the Bottom of a Letter, at a confiderable Diftance only transfers an Intereft which was in Being before.
from the other Writing, caufes a Letter to be cut Noy 42. Forgery of a Leafe of Lands in Ireland is not
Where there is a
off, and a general Releafe to be written above the within this Stature, 3 Leon. 170.
Name, &c. Alfo a Writing may be faid to be Penalty in an Obligation, &c. the Party grieved by
forged, where one being directed to draw up a Will a forged Releafe thereof, fhall recover double the
for a fick Perfon, doth infert fome Legacies therein Penalty as Damages, and not of the Debt appear-
falfly of his own Head; tho' there be no Forgery of ing in the Condition. 3 Inft. 172. As to publiſhing
the Hand or Seal; for the Crime of Forgery conlits a Deed, knowing the fame to be forged, it has been
as well in endeavouring to give an Appearance of refolved, that if a Perfon is informed by another
Truth to a meer Fality, as in counterfeiting a that a Deed is forged, if he afterwards publishes it
Man's Hand, &c. 1 Hawk. P. C. 182, 183. 3 Inft. as true, he is within the Danger of this Statute.
170. But a Perfon cannot regularly be guil y of Ibid 171. The King may pardon the corporal Pu-
Forgery, by an A&t of Omiffion; as by omitting a nifhment of Forgery which tends to common Exam-
Legacy out of a Will, which he is directed to draw ple; but the Plaintiff cannot releaſe it: If the
for another: Though it has been held, that if the Plaintiff releaſe or difcharge the Judgment or Ex
Omiffion of a Bequest to one caufe a material Al-ecution, &c. it fhall only difcharge the Cofts and
teration in the Limitation of an Eltate to another; Damages; and the Judges fhall proceed to Judgment
as if the Devifor directs a Gift for Life to one Man, upon the Refidue of the Pains, and award Execu-
tion upon the fame. 5 Rep. 50. 5 Eliz. c. 12. Bur
and the Remainder to another in Fee, and the Wri
ter omit the Eltate for Life, fo that he in the Re-in an extraordinary Cafe a Forgery hath been com
mainder hath a prefent Eftate upon the Death of pounded; and the Defendant diſcharged on paying
In an Information for
the Devilor, not intended to pals, this is Forgery. a fmall Fine. 3 Salk. 172.
Noy 118. Moor 760. If one write a Will without Forgery, it was adjudged that no Perfon who is or
any Direction, and bring it to the Teftator, who is may be a Lofer by the Deed forged, or who may re-
not of perfect Memory, and he figns it, this doth ceive any Benefit or Advantage by the Verdict be-
not amount to Forgery. Ibid. If a Feoffment be made ing found against the Defendant, shall be a Witness
A Perfon convicted of
of Land, and Livery and Seifin is not indorfed for the King. Hard. 331.
when the Deed is delivered, and afterwards on fell- Forgery, and adjudged to the Pillory, &c. whereby
ing the Land for a valuable Confideration to ano- he becomes infamous, is not allowed to be a Wit
ther, Livery is indorfed upon the fift Deed; this nefs; but it is a good Exception to his Evidence.
hath been adjudged Forgery both in the Feoffor and Hawk. P. C. 432. And one convicted of this Crime,
Fcoffee; becauſe it was done to deceive an honeft may be challenged on a Jury, fo as to be incapa-
Purchafor. Moor 665. And when a Perfon knowingly ble to ferve as a Juror; and it hath been holden,
falfifies the Date of a fecond Conveyance, which that Exceptions to Perfons found guilty of Perjury
he had no Power to make, in order to deceive a or Forgery, as well as Felony, &c. are not falved by
Purchafer, &c. he is faid to be guily of Forgery.a Pardon. 2 Hawk. 417. The Court of B. R. will
3 Inft. 169. 1 Hawk. 182. It feems to be no Way not ordinarily at the Prayer of the Defendant,
material, whether a forged Inftrument be made ingrant a Certiorari for Removal of an Indictment of
fuch Manner, that if it were in Truth fuch as it is Forgery, &c. I Sid. 54. By a late A&t, Forging or
counterfeited for, it would be of Validity or not. Counterfeiting any Deed, Will, Bond, Bill or Ex-
i Sid. 142. The Counterfeiting Writings of an in-change, Note or Acquittance for Money, or any
ferior Nature, as Letters and fuch like, is not pro-Indorfement or Affignment of a Bill, &c. with In-
perly Forgery; but the Deceit is puniſhable. 1 Hawk. [tent to defraud any Perfon, or publishing fuch falfe
184. By Statute 1 H. 5. c. 3. a Forger or Publisher Deed, &c. to be true, knowingly, the Offenders
of falfe Deeds, was to pay Damages, Fine and Ranfhall be guilty of Felony, and fuffer Death as Fe-
Efc.
fom. And by 5 Eliz. cap. 14. If any Perfon alone lons; but not to work Corruption of Blood,
For-
or with others, fhall falfly forge or make, or caufe Stat. 2 Geo. 2. cap. 25. Vide 7 Geo. 2. cap. 22.
to be forged and made, or affent to the Forging of ging of Exchequer and Bank Bills, Lottery Tickets, Let-
See Felony.
any Deed or Writing fealed, Court-Roll or Will ters of Attorney to transfer Stock, &c.
in Writing, to the Intent that the Freehold or In-
heritance of Lands may be defeated or charged;
or fhall pronounce, publish, or fhew forth in Evi-
dence any fuch forged Writing as true, knowing of
the Forgery; and fhall be convicted thereof, upon
an Action founded on this Statute, or otherwife by
Bill, &c. in the King's Bench or Exchequer, he fhall
pay double Cofts and Damages to the Party grieved
and be fet on the Pillory, and have both his Ears
cut off, and his Noftrils flit, and shall forfeit to the
King the Iffues and Profits of his Lands and Tene-
ments during Life, fuffer perpetual Imprisonment,
Exc. And if any one shall forge or falfly make any
Deed or Writing, containing a Leafe for Years of
Lands (not Copyhold) or an Annuity in Fee, for
Life or Years, or any Obligation, Acquittance,
Releafe, or other Difcharge of any Debt or perfo
nal Demand, or publish or give in Evidence the
fame knowingly; he fhall pay to the Party injured
double Cofts and Damages, and fhall be likewife
fet on the Pillory, and lofe one of his Ears, and be
imprisoned for a Year. And if any Perfon fhall be
guilty of a fecond Offence, it fhall be adjudged Fe
lony, without Benefit of Clergy. Stat. Ibid. The
Forgery of a Deed of Gift of meer perfonal Chattels,
is not within the Words of the Statute which are
*
Wilts,
TH
An Indictment for forging a Deed.
ff.THE Furors, &c. That A. B. late of,
&c. on the Day, &c. in the Year of the
Reign, &c. at M. in the faid County, upon bis own Head
and Imagination, did wittingly, fubtilly and fallly forge
and make a certain falfe Deed, that is to fay, a certain
Indenture, whereby one C. D. did bargain and fell all his
Lands called, &c. with the Appurtenances in, &c. in the
faid County to one E. F. and then and there published, and
caufed the faid Indenture to be read and fhewed forth in
Evidence, to the Intent to moleft and trouble the Eftate,
Poffeffion, Title and Interest of the faid C. D. in the
Lands and Tenements aforesaid, and whereby the faid C.
D. is greatly troubled and molefted in his Poffeffion, Title
and Intereft in the faid Lands and Tenements, with the
Appurtenances, in Contempt. of our faid Sovereign Lord
the now King, to the Grievance and Damage of him the
faid C. D. and against the Form of the Statute in fuch
Cafe made and provided, and alſo against the Peace, &c.
Fozinfecus, Outward, or on the Outfide. Ken-
net's Gloff.
Fozín=
.
2
:
FO
FO
•
Fozinfecum Serbitíum, The Payment of extra-
ordinary Aid, oppoſed to Intrinfecum Servitium, which
was the common and ordinary Duries, within the
Lord's Court. Kenn. Gloff. Sce Foreign Service.
Fozisbannítus, Signifies banished: Expulfus à
tia, Forisbannitus ab Anglia, &c. Mat. Parif. Ann.
1245.
Fozlet-land, Was Land in the Bishoprick of He
reford granted or leafed dum Epifcopus in Epifcopatu
fteterit, fo as the Succeffor might have the fame for
his prefent Revenue: This Cuftom has been long
fince difused, and the Land thus formerly granted
is now let by Leafe as other Lands, though it ftill
retains the Ñame by which it was antiently known.
Butterfield's Surv. 56.
Fozinfecum Manerium, The Manor as to that Tenements by Virtue of any Intail, growing from
Part of it, which lies without the Town, and not the Statute of Westm. 2. c. 2. It is a Writ of Right
included within the Liberties of it. Summa red-for Recovery of Land; and is of three Kinds, viz.
dituum Affiforum de Manerio Forinfeco Banbury, &c. in Defcender, Remainder and Reverter: Formedon in
Paroch. Antiq. 351.
Defcender lieth where Tenant in Tail enfeoffs a
Stranger, or is diffeifed, and dieth, the Heir fhall
have this Writ to recover the Land. Formedon in
Remainder lies where one gives Land in Tail, and
for Default of Iffue the Remainder to another in
Sco-Tail, &c. If the Tenant in Tail die without If-
fue, and a Stranger abates and enters into the Land,
he in Remainder fhall have this Writ. Formedon in
Fozisfamiliari. When a Son accepts of his Fa- the Reverter lieth where Land is entailed to certain
ther's Part of Lands, in the Life time of the Fa-Perfons and their Iffue, with Remainder over for
ther, and is contented with it; he is faid to be Fo Want of Iffue, and on the Remainder failing to re-
risfamiliari, and cannot claim any more. Blount. vert to the Donor and his Heirs; now if Tenant
Fozland, (Forlandum) Lands extending further or in Tail dies without leaving any Iffue, and likewife
lying before the reft; also a Promontory. Mon. Angl. he in Remainder, then the Donor or his Heirs to
Tom. 2. fol. 332.
whom the Reverfion comes, fhall have this Writ
for Recovery of the Eftate, in Cafe it be aliened,
&c. Reg. Orig. 238, 242. F. N. B. 111. Formedon in
Defcender is the highest Writ a Tenant in Tail can
have: And where Tenant in Tail aliens, or is dif
feifed of his Eftate, or if a Recovery is had a-
gainst him by Default and he dic, his Heir fhall
have a Formedon, it being the only Remedy the Heir
may have for the Poffeffion of his Anceftor; but if
Form, Is required in Law Proceedings, otherwife he be outed of his own Poffeffion, as if he be feifed,
the Law would be no Art; but it ought not to be and put out, he fhall have his Writ of Affife.
used to share or entrap. Stat. 27 Eliz. Hob, 232. There is a Writ of Formedon in Defcender, where.
Matters of Form in Pleas that go to the A&tion, may Partition of Lands held in Tail, being made among
be taken Advantage of and helped on a general De-Parçeners, &c. and one alieneth her Part, her Heir
murrer; as when a Plea is only in Abatement. 2 fhall have this Writ: And by the Death of one
Ld. Raym. 1015.
Sitter without Iffue, the Partition is made void,
and the other fhall have the whole Land as Heir in
Tail. New Nat. Br. 476, 477. Alfo there is a Writ
of Formedon infimul tenuit, that lies for a Coparcener
against a Stranger upon the Poffeffion of the An-
ceftor; which may be brought without naming the
other Coparcener who hath her Part in Poffeffion.
Ibid. 481. This Writ may be likewife had by onc
Heir in Gavelkind, &c. of Lands entailed; and
where the Lands are held without Partition. A
Demandant in a Writ of Formedon, ought to make
his Defcent by all which did hold the Eftate; o-
therwife the Writ will abate; and the Demandant
fhould always be. made Coufin and Heir, or Son
and Heir to him who was laft feifed of the Tail;
but the fureft Way is to make every Man named
in the Writ Son and Heir in the Writ, and it is not
material whether they were feifed or not, although
they are named Heir. 8 & 11 Hen. 6. In a Forme-
don in Defcender, the Demandant is to fet forth his
Pedigree in the Declaration: In Formedon in Re-
mainder, that the Tenant in Tail is dead without If-
fue; but in a Formedon in Reverter the Donor, &c.
need not fhew the Pedigree of the Iffue, nor who
was laft feiſed, becauſe he is fuppos'd to be a Stran-
ger to them. 2 Nelf. Abr. 880. Where a Fee-fimple
is demanded in a Formedón in Reverter, the Taking of
the Profits ought to be alledged in the. Donor, and
Donee: If an Estate-tail is demanded, it must be
alledged in the Donee only. I Lutw. 96. The Writ
of Formedon is now rarely brought, except in ſome
fpecial Cafes, where it cannot be avoided; and the
trying Titles by Ejectione firme fupplies ic's Place, at
an eafier Rate: But when it is neceffary, the Forms
following are of ufc.
-
Fozina Pauperis, Is where any Perfon has juft
Caufe of Suit, and is fo poor, that he cannot bear
the uſual Charges of fuing at Law, or in Equity
In this Cafe, upon his making Oarh that he is not
worth 51. his Debts being paid, and bringing a
Certificate from fome Lawyer that he hath Caufe of
Suit, the Judge admits him to fuc in forma Pauperis,
i. e. without paying any Fecs to Counsellor, Attor-
ney or Clerk: This had Beginning from the Stat.
11 Hen. 7. cap. 12. by which it is enacted, that poor
Perfons having Caufe of Action or Suits, fhall have
Original Writs, Counsel and Attornies, affigned
them gratis. On proceeding in Chancery, Affidavit
is first made that the Plaintiff is not worth 57. in
Lands, Tenements, Goods or Chattels, his wearing
Apparel, and the Matters of the Suit excepted;
and then a Petition is drawn up and prefented to the
Lord Chancellor or Mafter of the Rolls, praying to
be admitted in forma Pauperis, and to have Coun-
fel, c. affigned him, who are neither to take Fees,
nor make any Contract or Agreement for Recom-
pence, on Pain of Punishment; and no Counsellor
or Attorney affigned fhall refufe to proceed, with-
out fhewing good Caufe to the Lord Chancellor,
&c. Pract. Sol. 24. If it be made appear, that any
Pauper has fold or contracted for the Benefit of his
Suit, while depending in Court, fuch Caufe fhall be
thenceforth wholly difmiffed. And a Man fuing in
forma Pauperis is not to have a new Trial granted
him, but is to acquiefce in the Justice of the
Court; nor fhall Paupers be admitted to remove
Caufes out of inferior Courts. 1 Mod. 268. If a
Caufe goes againſt a Pauper, or a Plaintiff in forma
Pauperis be Nonfuit; he fhall not pay Cofts to the
Defendant, but ſhall fuffer fuch Puniſhment in his
Perſon as the Court fhall award. 23 Hen. 8. cap. 15.
1 Lill, Abr. 634. 2 Sid. 261. Paupers ufing Delays,
to vex their Adverfarics; or being proved to be
vexatious Perfons, and having many frivolous Suits
depending, will be difpaupered by the Court; for the
Law doth not affift them to do Injury to others.
1 Lill. 633.
Formedon, (Breve de Forma donationis) Is a Writ
that lieth for him who hath Right to Lands or
Form of a Writ of Formedon in Defcender, &c.
EORGE &c.
.. To the Sheriff of W
Greeting: Command A. B. that he render to C. D.
one Meffuage, &c. with the Appurtenances in, &c.
That R. B. gave T. D. of, &c. and the Heirs of his
Body iffing, and which after the Death of the ſaid T. D.
to the aforesaid C. D. Son and Heir of him the faid T. D.
ought
G Greting the Second,
FO
FO
C
I
"
ought to defeend, by Form of the Gift aforefaid, as be
faith, and unless, &c. If in Remainder; That R. B.
gave to L. D. and the Heirs of his Body iſſuing; ſo that
if the faid L. D. Should die without Heir of his Body if
fuing, the faid Meffuage and Lands, with the Appurte-
nances, fhould remain to the aforefaid C. D. and his Heirs;
and that after the Death of the faid L. D. to the faid
C. D. they ought to remain, by Form of the Gift afere
faid, because the faid L. D. died without Heir of his Body
iffuing, as he faith, &c. If in Reverter; That T. D.
Father of the faid C. D. whofe Heir he is, gave to, &c.
and the Heirs of their Bodies iſſuing, and which after the
Death of, &c. to the faid C. D. ought to revert, by
Form of the Gift aforesaid, because the faid, &c. are
dead, without Heirs of their Bodies iffuing, as he faith,
and unless, &c.
Wilts, ff.
Form of a Declaration in a Formedon.
C
D. by, &c. his Attorney demands a
gainſt A. B. one Meſſuage, one Garden,
and two Acres of Land, with the Appurtenances in W.
which L. D. gave to T. D. his Son, and the Heirs of his
Body begotten, and which after the Death of the faid T. D.
The Son of L. D. to the faid C. Son and Heir of the faid
T. Son of the faid L. ought to defcend, by Form of the
Gift, &c. And whereupon he faith, that the faid L. by
bis Deed of Gift or Feoffment made the Day and Year,
&c. Gave the Tenements aforesaid, with the Appurte
nances, to the ſaid T. his Son, and the Heirs of his Body
to be begotten, in Form as aforefaid; by which Gift the
faid T. the Son of the faid L. was ſeiſed of the faid Te-
nements, with the Appurtenances, in his Demefne as of
Fee and Right, by Form of, &c. in the Time of Peace,
in the Reign of George the First, late King of Great
Britain, taking thereof the Profits to the Value, &c.
And from the faid T. defcendeth the Right, by the Form,
&c. to the faid C, now the Demandant, as Son and Heir
of the Body of the faid T. And which after the Death,
&c. And therefore he brings his Suit, &c.
•
Formella, A certain Weight of about feventy
Pounds, mentioned in the Statute of Weights and
Measures. 51 H. 3.
}
Fortiori, à fortiori or Multo fortiori, Is an Argu-
ment often uſed by Littleton, to this Purrofe: If it
be fo in a Feoffment paffing a new Right, much more
is it for the Reftitution of an antient Right, &c.
Co. Lit. 253, 260.
Fotilice and fortility, (Fortellefcum) Significs a
fortified Place, Bulwark or Caftle; as it is faid
within the Towns and Fortilities of Berwick and Car-
lifle, Anno 11 H. 7. c. 18.
Foztlet, (Fr.) A Place or Fort of fome Strength;
or ra her a little Fort. Old Nat. Br. 45.
Fortuna, Is that which is called in our Law
Treature-trove, i. e. Thefaurum ducente Fortuna in
venire
Inquirendum eſt per 12 Furator. pro Ré-
ge, &c. quod fideliter præfentabunt omnes Fortunas, Ab-
jurationes, &c..
Foztunium, A Tournament or Fighting with
Spears; or an Appeal to Fortune therein. Mat.
Parif. Anno 1241.
Foffa, A Ditch full of Water; wherein Women
committing Felony were drowned: It has been
likewife ufed for a Grave, in antient Writings. See
Furca.
Follatum, (Lat.) Is a Ditch or Place fenced
round with a Ditch or Trench; alfo it is taken for
the Obligation of Citizens, to repair the City Ditches.
Foffatura fignifies the fame with Foffatum; And the
Work or Service done by Tenants, &c. for Re-
pairing and Maintenance of Ditches is called Foffa-
torum operatio; and the Contribution for it Foffagium.
Kennet's Gloff.
felleway, (From Feffus, digged) Was antiently
one of the four principal Highways of England,
leading through the Kingdom; which had its Name
from its being fuppofed to be digged and made paf-
fable by the Romans, and having a Ditch upon one
Side. Cowel.
Folterlean, (Sax.) Nuptial Gifts, which we call
a Jointure or Stipend for the Maintenance of the
Wife. Poftea fciendum eft cui Fofterlcan pertineat,
vadiet hoc Brigdunia & plegient amici fui.
Fother or Fodder, (From the Teuton. Fuder) Is
a Weight of Lead containing eight Pigs, and every
Pig one and twenty Stone and a Half; fo that it is
about a Tun or common Cart load: Among the
Plumbers in London it is Nineteen hundred and an
Half; and at the Mines it is Two and twenty hun-
Foznagium, Furnagium, (Fr. Fournage) Significs
the Fee taken by a Lord of his Tenants, bound to
bake in the Lord's common Oven, or for a Permifdred Weight and a Half. Skene.
fion to uſe their own; this was as ufual in the Nor-
thern Parts of England. Plac. Parl. 18 Ed. 1.
Fornication, (Fornicatio, from the Fornices in Rome,
where lewd Women proftituted themfelves for Mo-
ney) Is Whoredom, or the A&t of Incontinency in
fingle Perfons; for if either Party is married, it
is Adultery The Stat. 1 H. 7. cap. 4. mentions this
Crime; which by an A&t made Anno 1650. during
the late Times of Ufurpation, was punished with three
Months Imprisonment for the firft Offence; and
the fecond Offence 'tis faid was made Felony. Sco-
bel's Collect. The Spiritual Court hath Cognizance of
this Offence: And formerly Courts Leet had Power
to enquire of and punish Fornication and Adultery;
in which Courts the King had a Fine affeffed on
the Offenders, as appears by the Book of Domefday.
2 Inft. 488.
Fovea, A Place for Burial of the Dead. Statut.
Eccl. Paulin. London. MS. 29.
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new
Foundation, The Founding and Building of a
College or Hofpital is called Foundatio, quafi funda-
tio, or fundamenti locatio. Co. lib. 10. The King only
can found a College; but there may be a College
in Reputation, founded by others. Dyer 267. If it
cannot appear by Inquisition, who it was that
founded a Church or College, it fhall be intended it
was the King; who has Power to found a
Church, &c. Meor 282. The King may found and
erect an Hof,ital, and give a Name to the Houfe,
upon the Inheritance of another, or licence another
Perfon to do it upon his own Lands; and the
Words, Fundo, Creo, &c. are not neceffary in every
Foundation, either of a College or Hofpital made by
the King; but it is fufficient if there be Words c-
quivalent: The Incorporation of a College or Ho-
Ipital is the very Foundation; but he who endows it
with Lands is the Founder; and to the Erection of
Forpríle, (Forprifum) An Exception or Referva-
tion, in which Senfe it is ufed in the Stat. 14 Ed. 1.
This Word is frequently inferted in Leafes and Con-
veyances, wherein Excepted and Foreprifed is an ufualan
Expreffion. In another Signification it is taken for
any Fxaction; according to Thorn. Anno 1285.
Forles, (Catadupa) Water-falls fo called in Weft-
moreland. Camb. Britan.
;
Hofpital nothing more is requifite but the In-
corporation and Foundation. to Rep. Cafe of Sutton's
Hefp. Perfons feifed of Eftates in Fee-fimple, may
erect and found Hospitals for the Poor, by Deed in-
rolled in Chancery, &c. which fhall be incorpora-
Foilpeaker, An Attorney or Advocate in a Caufe.ted, and fubject to fuch Visitors as the Founder
Blount:
Fortia, Power, Dominion or Jurifdiction: And
we read of Infortiare Placitum, by Judges affembled.
Leg. H. 1. cap 29.
2
fhall appoint, &c. Stat. 39 Eliz. Where a Corpora
tion is named, it is faid the Name of the Founder
is Parcel of the Corporation. 2 Nelf. 886. Though
the Foundation of a Thing may alter the Law, as to
--that
Å
FR
FR
į
1
that particular Thing; yet it fhall not work a ge-vilege in the Hands of a Subje&t; and may be velted.
neral Prejudice. 1 Lill. Abr. 634.
in Bodies Politick or Corporations, either aggre
Founder of Metal, (From the Fr. Foundre, to gate or fole, or in many Perfons that are not Cor.
melt or pour) Is he that melts Metal, and makes porations, (as in Borough Towns, c.) or in a fin-
any Thing of it by Pouring or Cafting it into agle Perfon: And Franchises are of different Kinds:
Mould. 17 R. 2. cap. 1. Whence is Bell founder, a fuch as the Principality of Wales, Counties Palatine,
Fount of Letters, c.
Counties, Hundreds, Ports of the Sea, &c. Then there
Fourcher, (Fr. Fourchir) Signifies a putting off, or is a Franchife or Liberty of having a Leet, Manor or
delaying of an Action; and has been compared to Lordship, as well as a Liberty to make a Corporation,
ftammering, by which the Speech is drawn out to and to have Cognifance of Pleas; and Bailiwicks of
a more than ordinary Length of Time, as by Fourch Liberties, the Liberty of a Forest, Chaſe, &c. Fairs
ing a Suit is prolonged, which might be brought to and Markets, Felons Goods, Goods of Fugitives, Outlaws,
a Determination in a fhorter Space: The Device Deadands, Treasure Trove, Waifs, Efrays, Wrecks, &c.
is commonly used when an Action or Suit brought All theſe come under Franchifes and Liberties. F. N. B.
againſt two Perfons, who being jointly concerned, 230. 2 Inft. 221. All Franchifes and Liberties are de-
are not to anſwer till both Parties appear; and is rived from the Crown, and fome are held by Char-
where the Appearance or Effoin of one, will excufeter; but fome lie in Prefcription and Ufage, with
the other's Default, and they agree between them-out the Help of any Charter. Finch 164. And Ufage
ſelves that one fhall appear or be effoined one may uphold Franchifes, which may be claimed by
Day, and for Want of the other's appearing, have Prefcription, without Record either of Creation,
Day over to make his Appearance with the other Allowance or Confirmation; and Wreck of the
Party; and at that Day allowed the other Party Sea, Waifs, Strays, Fairs and Markets, and the
doth appear, but he that appeared before doth like, are gained by Ufage, and may become due
not, in Hopes to have another Day by Adjourn- without any Matter of Record. 2 Inft. 281. 9 Rep.
ment of the Party who then made his Appearance. 27. But Goods of Felons and Outlaws, and fuch like,
Terms de Ley 356. This is called Four.her; and in grow due by Charter, and cannot be claimed by
the Statute of Weft. 1. cap. 42. it is termed Fourcher Ulage, &c. Ibid. It hath been adjudged, that
by Effoin; where are Words to this Effe&t, viz. Co-Grants of Franchiſes, inade before the Time of Me-
parceners, Jointenants, &c. may not fourch by Effoin,mory, ought to have Allowance within Time of Me-
to effoin feverally; but fhall have only one Efmory in the King's Bench, or before the Barons of
fain, as one fole Tenant. And Anno 6 Ed. 1. c. 10. the Exchequer, or by fome Confirmation on Record;
it is ufed in like Manner: The Defendants fhall
be put to anſwer without Fourching, &c. 23 Hen. 6.
cap. 2. 2 Inft. 250. Fourcher in the Latin is writ Fur-
care; becauſe it is two-fold.
fraction. The Law makes no Fraction of a Day;
if any Offence be committed, in Cafe of Murder,
c. the Year and Day fhall be computed from the
Beginning of the Day on which the Wound was gi-
ven, &c. and not from the precife Minute or Hour.
2 Hawk. 163. See Co. Litt. 255.
Fra&itium, Is made Ufe of for arable Land..
Pratum de Mura & tres Acr. terra de Fractitio. Mon.
Angl. Tom. 2. 873.
Fra&tura navium, Wreck of Shipping at Sea,
Frampole Fences, Are fuch Fences as the Te
nants in the Manor of Writtel in Effex, fet up against
the Lord's Demeans; and they are entitled to the
Wood growing on thofe Fences, and as many Poles
as they can reach from the Top of the Ditch with
the Helve of an Axe, towards the Reparation of
their Fences It is thought the Word Frampole comes
from the Sax. Frempul, profitable; or that it is a
Corruption of Franc pole, becauſe the Poles are free
for the Tenants to take: But Chief Justice Bramp-
ton, whilft he was Steward of the Court of the
Manor of Writtel, acknowledged that he could not
find out the Reaſon why thofe Fences were called
Frampole; fo that we are at a Lofs to know the
Truth of this Name etymologically.
and it is faid they are not Records pleadable, if
they have not the Aid of fome Matter of Record
within Time of Memory; and fuch ancient Grants,
after fuch Allowance, fhall be conftrued as the Law
was when they were made, and not as it hath been
fince altered: But Franchifes granted within Time.
of Memory are pleadable without any Allowance
or Confirmation; and if they have been allowed or
confirmed as aforefaid, the Franchifes may be claim-
ed by Force thereof, without fhewing the Charter.
9 Rep. 27, 28. 2 Inft. 281, 494. There have been
formerly feveral antient Prerogatives divided from
the Crown, befides the Franchifes aforementioned;
as Power to pardon Felony, make Juftices of Affife,
and of the Peace, &c. Though by the Statute 27
H. 8. c. 24. they were refumed and re-united to the
Crown; and the King cannot grant Power to an-
other to make Strangers born, Denizens here, be-
caufe fuch Power is by Law infeparably annexed to
his Perfon. 7 Rep. 25. By feveral antient Statutes,
the Church fhall have all her Liberties and Franchifes
inviolable: And the Lords Spiritual and Temporal
hall enjoy their Liberties, &c. and the King may
not deprive them of any of them. 9 H. 3. c. I. 14
Ed. 3. 2 H. 4. cap. 1. By the Statute of Magna
Charta, 9 H. 3. cap. 37. The Franchifes and Liber-
ties of the City of London, and all other Cities,
Towns, &c. are confirmed. The 30 Ed. 1. ordains,
that a Writ ſhall iſſue out to the Sheriffs of Coun-
Franchilanus, (Fr. Franchi, i. e. free) A Free-ties, to permit all Men to enjoy their antient Li
Sciatis me dediffe, cum Villanis, & Fran- berties and Franchifes; and on Proclamation made,
chilano, cum Tenuris eorum, &c. Chart. Hen. 4 they fhall fhew their Tenures to the Justices of Af-
And we find Francus homo uſed for a Freeman in fife, or forfeit their Franchifes. The Franchiſes of
Domeſday.
Religious Houſes were granted to the King, by Star.
Franchile, (Fr.) Is taken for a Privilege or Ex-32 H. S. c. 20. All Writs, Proceffes, &c. in Fran-
emption from ordinary Jurifdiction; as for a Cor- chifes, are to be made in the King's Name; and
poration to hold Pleas to fuch a Value, &c. And Stewards, Bailiffs, and other Ministers of Liberries,
fometimes it is an Immunity from Tribute, when
it is either perfonal or real, that is belonging to a
Perfon immediately; or by Means of this or that
Place whereof he is Chief or a Member. Crompt.
Furifd. 141. There is alſo a Franchiſe Royal; which
feems to be that where the King's Writ runs not.
21 Hen. 6. c. 4. But Franchife Royal is faid by fome
Authors, to be where the King grants to one and
his Heirs, that they fhall be quit of Toll, &c. Bract.
lib. 2. cap. 5. A Franchiſe in general is a Royal Pri-
man.
fhall attend the Juftices of Affife, and make duc Ex-
ecution of Process, &c. 27 Hen. 8. Some Franchifes,
as Fork, Bristol, &c. have Return of Writs, to whom
Mandates are directed from the Courts above, to
execute Writs and Procefs: And a Mayor or Bailiff
of a Town, may have Liberty to keep Courts, and
hold Pleas in a certain Place, according to the
Courfe of the Common Law; and Power to draw
Caufes out of the King's Courts, by an exclufive
Jurifdi&tion: But the Caufes here may be removed
4 S
2
to
1
J
}
FR
FR
•
•
·
*
to the fuperior Courts. 1 Inft. 114. · 4 Inft. 87, 224 [ty and certain Rent, the. Lord may at this Time
Sheriffs of Counties, within which is any Fran bife, confirm his Eftate, to hold to him and his Succeffors
the Lord whereof is intitled to Return of Writs, in Frankalmoign; for the former Services are extinct,
fhall on his Requeft, appoint one or more Depu and nothing is referved but that he fhould hold of
ries, to reſide at fome Place near, there to receive him, which he did before; whereby this Change
all Writs in the Sheriff's Name, and under his Seal and Alteration is not within the Statute 18 Ed. 1.
toiffue Warrants for their due Execution; and the of Quia emptores Terrarum. Litt. 540. 1 Inft. 99, 306,
Lord Chancellor is to fettle the Charges to be paid Tenure in Frankalmoign is incident to the Inherita-
any fuch Deputy, &c. by 13 Geo. 2. c., 18. A Fran ble Blood of the Donor or Founder; except in Cafe
chife hath no Relation to the County wherein of the King, who may grant this Tenure to hold of
it lies, as has been generally held; for it is not ne him and his Succeffors. Litt. 135. And the Reaſon
ceffary to fet forth the County when any Thing is why a Grant in Frankalmoign, fince the Stat. 18 Ed.
fhewed to be done within a Liberty or Franchife. 1. is void, except in the Cafe of the King, &c. is,
Trin. 23 Car. B. R. If a Franchiſe fails to adminifter becaufe none can hold Land by this Tenure, but of
Juftice within the fame, the Franchife fhall not be the Donor; whereas the Statute enjoins, that it be
allowed; but on any fuch Failure, the Court of B. R. held of the Chief Lord, by the fame Service by
may compel the Owners of the Franchife, &c. to do which the Feoffor held it; though the King may
Juftice; for this Court ought to fee Juftice equally grant away any Eftate, and referve the Tenure to
diftributed to all Perfons. 1 Lill. Abr. 635. Franchises himself. 1 Inft. 99, 223. If any Perfons that hold
may be forfeited and feifed where they are abufed, Lands or Tenements in Frankalmoiğn, make any
for Mif-ufer or Non-ufer; and when there are many Failure in doing fuch Divine Service as they ought,
Points, a Mif-ufer of any One will make a Forfeit the Lord may make Complaint of it to the Ordi
ure of the Whole on a Quo Warranto brought. Kitch. nary or Vifitor; which is the King, if he be Foun-
65. And where Fran bifes come to the Crown again der, or a Subject where he was appointed Vifitor:
from whence derived, by Forfeiture, &c. they are upon the Foundation; and the Ordinary, &c. may
extinguifhed; but in fome Cafes it is faid they are punish the Negligence, according to the Ecclefia-
not. For Contempt of the King's Writ, in a County ftical Laws. Litt. 136. 1 Inft. 96. Alfo for Neglect
Palatine, the Liberties may be feifed, and the in performing Divine Service in certain, the Lord
Offenders fined; and the Temporalties of a Bifhop, may diftrain: But Frankalmoign is faid to be held by
have been adjudg'd to be feiſed until he fatisfied the Service uncertain; and where the Tenure is tied to
King for fuch a Contempt, on Information exhibited, certain Services, as to read Prayers every Friday,
&c. Cro. Car. 253. The Bishop of Durham pretend. this is not Frankalmoign, but Tenure by Divine
ing he had fuch a Franchife, that the King's Writ Service; it is Lands given in Alms, but not in free
was not to come there, and becaufe one brought it Alms. Briton, cap. 66. The Tenure by Frankalmoign
thither he imprisoned him; this being proved upon is an antient Tenure, chiefly to be met with in
an Information brought againſt him, it was adjudg- Grants to religious Houfes, Bishops, Deans, Col-
ed he should pay a Fine to the King, and lofe his Li-leges, &c. and is become out of Ufe.
berties. 2 Shep. Abr. 250. Wherever the King is
Party to a Suit, as in all Inforinations and Indi&t
ments, the Procefs ought to be executed by the She-
riff, and not the Bailiff of any Franchife, whether it
have the Clauſe Non omittas, &c. or not; for the
King's Prerogative fhall be preferred to any Franchiſe.
2 Hawk. 284. And Sheriffs upon a Non omittas, or
on a Capias Utlagatum, or Quo minus, may enter and
make Arreſts in any Franchife. 1 Lill. 635. If a Per-
fon claims Franchifes which he ought not to have, it
is a Ufurpation upon the King; and not fhewing his
Title, the King fhall take from him his Franchife.
Poph. 180. 1. Bulft. 54. Sce Quo Warranto.
C.
Francigene, Was the general Appellation of all
Foreigners. Vide Englecery.
Franclaine, Is ufed to denote a Freeman or Gen-
tleman, in our ancient Authors. Fortescue.
}
Frank-Chafe; Is a Liberty of Free Chafe; by which
all Perfons that have Lands within the Compafs.
thereof, are prohibited to cut down any Wood, &c.
without the View of the Forefter, though it be in
their own Demefnes. Cromp. Jurifd. 187.
Frank-fee, Is where Freehold Lands are held ex-
empted from all Services, but not from Homage. In
the Register of Writs, we find that is Frank-fee,
which a Man holds at the Common Law, to him
and his Heirs; and not by fuch Service, as is re-
quired in Antient Demefne, according to the Cuſtom
of the Manor: And that the Lands in the Hand of
King Edward the Confeffor, at the Making of the Book
of Domesday, were Antient Demefne, and all the reft
Frank fee; wherewith Fitzherbert agrees. Reg. Orig.
12. F. N. B. 161. And the Author of the Terms of
the Law defines a Frank fee to be a Tenure pleadable
at the Common Law; and not in Antient Demofne.
Terms de Ley 358. Feudum Francum eft, pro
quo nullum Servitium præftatur Domino. Frachineus,
lib. 7. cap. 39.
•
. L
Frank, A French Gold Coin, worth about a French
Shilling; but in Computation was twenty Sols, which
is a Livre, and twenty Pence in our Money.
Frankalmoign, (Libera Eleemofyna) Is a Tenure
by Spiritual Service, where an Ecclefiaftical Cor: Frank-ferm, Was when Lands or Tenements were
poration, fole or aggregate, holdeth Land to them changed in the Nature of the Fec, by Feoffment,
and their Succeffors, of fome Lord and his Heirs inc. our of Knight Service, for certain yearly Ser-
free and perpetual Alms: And perpetual fuppofes it vices. Britton, cap. 66. See Fee farm.
•
1
to be a Fec-fimple; though it may pafs without Frank-Law, (Libera Lex) Is applied to the Be-
the Word Succeffors.. Litt. 133. 1 Inft. 94.
1 Inft. 94. A Laynefit of the Free and Common Law of the Land.
Perfon cannot hold in free Alms: And when a You may find what it is by the contrary, from
Grant is in Frankalmoign, no Mention is to be made Crompton in his Juftice of Peace; where he fays, he
of all Manner of Service; for it is free from any that for any Offence lofeth his Frank Law, falls into
Temporal Service, and is.of the higheft Nature, thefe Mifchiefs, viz. He may never be impanelled
becauſe it is a Tenure by Spiritual Service. Litt. upon any Jury or Affife; or be permitted to give
137. None can hold in Frankalmoign but by Pre- any Teftimony: If he hath any Thing to do in the
fcription, or by Force of fome Grant made before King's Courts, he must not attend them in Perfon,
the Statutes of Mortmain, 7 Ed. 1. c. 36, and 18 Ed. but appoint his Attorney therein for him: And his
1. c. I. fo that the Tenure cannot at this Day be Lands thall be eftreated, and his Body committed
created, to hold of a Founder and his Heirs in free to Prifon, &c. Crompt. Furifd. 156. Lib. Affif. 59. See
Alms: But the King is not reftrained by the Sta- Confpiracy.
tutes; nor a Subject licenfed or difpenfed with by
the King, to make fuch a Grant, &c. 1 Inft. 98, 99.
And if an Ecclefiaftical Perfon holds Lands by Feal-
-
Frank-Marriage, (Liberur Maritagium) Is where
a Man feifed of Land in Fce fimple, gives it to an-
other, with his Daughter, Sifter, c. in Marriage;
1
4
to
FR
FR
1
to hold to them and their Heirs? And it is a Te- Frateria, A Fraternity, Brotherhood or Society
nure in special Tail, growing from thefe Words in of Religious Perfons, who were bound to pray for
the Gift, i. e. Sciant, &c. me A. B. dediffe & concef- the good Health and Life, &c. of their living Bre-
B. &
&c. in Liberum Maritagi Anne Uxor. ejus, filia,thren, and the Souls of thofe that were dead: In
2
1
Cr
Fraternities, Of Places in refpect to a Trade or
Myftery. Vide Corporation.
Frater nutricius, Ufed in antient Deeds for a
Baftard Brother. Malmsb.
Fratres conjurati, Are fworn Brothers or Com-
panions; fometimes thofe were fo called who were
fworn to defend the King against his Enemies.
Hoveden, pag. 445. Leg. W. 1.Precipimus ut om-
nes Liberi homines fint Fratres conjurati ad Monarchiam
noftrum & Regnum noftrum contra Inimicos pro poffe fuo
defendendum. Leg. Ed. 1. cap. 35.
;་་
Fratres pyes, Were certain Friers, wearing
black and white Garments; of whom Mention is
made by Walfingham, p. 124.
Sc. in Liberum Maritagium unum Meffuagium, &c. the Statutes of the Cathedral Church of St. Paul's
Lit. 17. Weft. Symb. par. 1 lib. 2 fect. 303. The Ef-in London, collected by Ralph Baldock, Dean, 1295.
fect of which Word is, That they shall have the There is one Chapter de Frateria Beneficiorum Ecclefia
Land to them and the Heirs of their Bodies; and S. Pauli, &c.
fhall do no Services to the Donor, except Fealty,
until the fourth Degree. Glanvil, lib. 7. cap. 18.
And Fleta gives this Reaſon why the Heirs do no
Sérvice until the fourth Degree: Ne Donatores vel eo-
rum hæredes per Homagium receptionem, a reverfione repel-
lantur. And why in the fourth Defcent and down-
ward, they ſhall do Services to the Donor; Quia in
quarto gradu vehementer prafumitur, quod Terra eft pro
defectu hæredum Donatoriorum reverfura. Fleta, lib. 3.
cap. 11.
All this appears in Bratton, lib. 2. cap. 7.
where it is faid, that Lands in Frank- Marriage are
quieta & libera ab omni feculari fervitio, &c ufque ad
tertium hæredem, & ufque ad quartum gradum. Alfo
Bracton divides Marriage into Liberum Maritagium
and Maritagium fervitio obligatum which laft was
where Lands were given in Marriage, with a Refer-and whatever the Sons or Brothers poffefs of the
vation of the Services to the Donor, which the Do-
nee and his Heirs were bound to perform for ever;
but neither he, or the next two Heirs, were obliged
to do Homage, which was to be done when it came
to the fourth Degree, and then, and not before,
were required to be performed both Services and
Homage. Bract. lib 2. Lands given by one Man to
another with a Wife in Frank Marriage, amounts by
Implication to a Gift in Tail; which in this Cafe
may be created without the Words Heirs or Body.
Litt. 17. Wood's Inft. 120. A Gift in Frank Mar-
riage might be made as well after as before Marriage
And fuch a Gift was a Fee-fimple before the Statute
of Weftm. 2. but fince, it is ufually a Fee-tail:
Thefe Gifts were common in former Times, where
on Questions in Law did arffe; but are nowidifufed.
2 Nelf. Abr. $88.;
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+
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1
>
Fratriagium, Is a younger Brother's Inheritance; 1
Eftate of the Father, they enjoy it ratione Fratria-
gii, and are to do Homage to the elder Brother for
ir, who is bound to do Homage for the Whole to
the fuperior Lord. Bract. lib. 2. c. 35.
+
·
Fraud, (Fraus) Is Deceit in Grants and Convey-
ances of Lands, and Bargains and Sales of Goods,
c. to the Damage of another Perfon. F. N. B. 98.
Fraudulent Affurances of Lands or Goods to deceive
Creditors, fhall be void; and the Creditors fhall
have Execution thereof. 50 Ed. 3. c. 6. By the Sta-
tute 13 Eliz. a. 5. all fraudulent Conveyances made.
of Lands, Goods. or Chattels, to fet afide or avoid
Debts, as to Creditors fhall be void; and by 27
Eliz. c. 4. Conveyances and Affurances of Land
made to defraud Purchafers, as to fuch Purchafers
they are declared void: And Perfons juftifying or
putting fuch Grants, &c. in Ufe as good, and bona
Frank-pledges (Franci plégium, from the French fute made, fhall forfeit a Year's Value of the Lands,
Franc, i. e. Liber, and Pledge, Fidejuffor) Signifies a and the whole Value of Goods and Chattels, and
Pledge or Surety for the Behaviour of Freemen; it be alfo imprifoned: Where Lands are conveyed
being the antient Cuſtom of this Kingdom, borrow with Claufe of Revocation, &c. and afterwards fold
ed from the Lombards, that for the Prefervation of for valuable Confideration, the firft Conveyance
the publick Peace, every Free-born Man at the Age fhall be void against the Purchafer, but this is not
of Fourteen, (Religious Perfons, Clerks, &c. ex- to extend to Mortgages made bona fide. If a Man
cepted) fhould give Security for his Truth towards feifed of Land in Fec, make a Feoffment of it to
the King and his Subjects, or be committed to Pri- divers Ufes, with Remainders over, &c. and with
fon; whereupon a certain Number of Neighbours, Power of Revocation by Writing under Hand and
ufually became bound one for another, to fee each Seal; here if he for good Confideration doth enter
Man of their Pledge forth-coming at all Times, or into a Recognizance, the Land fhall be charged
to anſwer the Tranfgreffion done by any gone away with the fame: So if A. referves to himſelf Power to
And whenever any one offended, it was forthwith revoke by the Affent of B. and then bargains to an-
And where one hath
inquired in what Pledge he was, and then thofe of other. Bridg. 22. Lane 22.
that Pledge either produced the Offender within One made an Eftate with a Power of Revocation ; and
and thirty Days, or fatisfied for his Offence. This after with Intent to deceive a Purchafer he makes
was called Frank-pledge; and this Cuftom was fo kept, a Feoffment, &c. to a Stranger to extinct the Power,
that the Sheriffs at every County Court, did from and then fells the Land for a valuable Confidera-
Time to Time take the Oaths of young Perfons astion; in this Cafe both the Conveyances fhall be
they grew to fourteen Years of Age, and fee that fraudulent as to the Purchafer. 2 Rep. S3. The Sta-
they were fettled in one Decennary or other; where-tute of Frauds 29 Car. 2. requires that Contracts and
by this Branch of the Sheriff's Authority was called Agreements, Leafes and Devifes of Lands, &c.
Vifus franci plegii, or View of Frank-pledge. At this fhall be put in Writing. And Devifes of Lands, Rents,
Day no Man ordinarily giveth other Security for &c. are deemed fraudulent and void, againſt Credi-
the Keeping of the Peace, than his own Oath; fotors upon Bonds, or other Specialties. 3 & 4 W.
that none anfwereth for the Tranfgreffion of ano-M. cap. 14. Alfo Judgments againft Purchaſers of
ther, but every Perfon for himſelf. 4 Inft. 78. Li- Lands for a valuable Confideration, shall be deem-
ving under Frank-pledge has been termed living un-ed Judgments only from the Signing, &c. 29 Car. 2..
der Law, &c. See the Statute of View of Frank-cap. 3. The Statute 13 Eliz. makes a fraudulent
pledge, i8 Ed. 3.. And Court-Leet, Deciner, &c.
Frank-Tenement, A Poffeffion of Freehold Lands
and Tenements. Sec Freehold.
fraffetum, A Corruption of Fraxinetum, is taken
for a Wood or woody Ground, where Afbes grow.
1 Inft. 4.
Deed or grant of Goods, &c. void againft Credi-
tors, but not against the Party himfelf, his Execu-
tors or Adminiftrators, for against them it remains
good: And a Conveyance, if made of Lands by
Fraud, is not void by the Statute against all Perfons;
but only against thofe who afterwards come to the
Land
FR
FR
1
↓
Land upon valuable Confideration. Cro. El. 445. Cro. than thoſe in the firft; for the old Settlement be-
Fac. 271. Grants and Conveyances are to be on ing deftroyed, and a new one made on the fame
good Confideration, and bona fide, or they will be Day, it fhall be prefumed that there was an Agree-
fraudulent; and a Grant bona fide is made without ment for it. a Lew 70, 71. The Husband who mar-
any Truft, &c. A Grant upon good Confideration, ried a Wife an Inheritrix, promifed, that if the
except it be alfo bona fide, is not within the Provifo would join with him in a Sale of her Land, and
of the A&t 13 Eliz. 3 Rep. 81. Confideration valua- let him have the Money to pay his Debts, that
ble is Money, Marriage, &c. and not natural Af he would leave her 400 at his Death; about fix
fection, &c. A Man made a Leafe for twenty one Months after the Lands were fold, he gave Bond
Years, in Truft for his Daughter till Marriage; and to a Stranger to leave his Wife the 400l. And it
if the married with his Confent, then to her during was adjudged that this was not fraudulent quoad Cre-
the Term; this till Marriage, has been held fraududitors, but good again them. 2 Lev. 148. A Per-
lent as to a Purchafer: But after Marriage it is good, fon makes a voluntary Conveyance, and then
becaufe Marriage is an Advancement to the Daugh-mortgages the fame Land, and the firft Deed is up-
ter, and taking Effect made it upon valuable Con- on a Trial found fraudulent; then he to whom the
fideration, which a Marriage is always taken to be, Deed was made exhibited his Bill in Equity to re-
and the Husband was drawn in by this Conveyance deem the Mortgage; and it was held, that tho' the
to marry her. I Sid. 133. It has been adjudged, first Deed was fraudulent quoad the Mortgage-Ma
That if a Father makes a Feoffment to another, Dey, yet it was good to pass the Equity of Redemp-
for the Advancement of Daughters, or his younger tion. Chanc, Rep. 59. Where a Leafe is made with
Sons, or for Payment of his Debts; and afterwards a Prouifo, that if the Leffor pays 10. the Leafe
enfeoffs his eldeſt Son or Heir, this is not Fraud or fhall be void; because 10s. is not the Value of
Collufion within the Statute, for he is bound in the Leafe and Land, but only limited as a Power
Law to make Provifion for his Children: But where of Revocation, it is frudulent as to a Purchaſer.
there is a Grandfather, Father, and two Sons, and Gro. Fac. 455. And if a Man make an Affignment of
the Grandfather (living the Father) conveys his his Leafe, and yet keeps Poffeffion of the Lands,
Land to either of the Sons, this is out of the Sta-the Deed of Affignment will be judged fraudulent.
tute 32 H. S. because it is not a common Thing fo In Chancery it has been decreed, That if a Man con-
to do, and the Father ought to have the immediate veys his Land to Friends in Trust, to the Ufe of
Care of his Children; though if he is dead, then it his Children, &c. to defraud a Purchafer, the Truft
belongeth to the Grandfather. 6 Rep. 76. If a Man fhall go in Equity to the Purchafer; alfo it fhall be
levy a Fine to the Ufe of himself for Life, Remain- liable for Debts, to fatisfy the fame. Tothil 43, 44-
der to his Son in Tail, and after fells the Fee-fimple A Husband affigned a Term of his Wife's, in Trutt
to another, he as a Purchaſer fhall avoid this Con for his Wife; and it was held fraudulent againſt
veyance upon the Statute 27 Eliz. becauſe it was Purchafers. Chane. Rep. 225. By the Common Law,
voluntary, and therefore fraudulent; fo it had been an Eftate made by Fraud, fhall be avoided only by
if he had fettled the Remainder on his Wife, unlefs him who hath a former Right, Title, Intereft, Debt
there had been a Confideration on precedent Mar- or Demand. 3 Rep. 83. If one indebted do really
riage. Sid. 133. 3 Salk. 174. But it was ruled by fell Lands, though to avoid Payment of Debts; if
Hale Chief Juftice, that a Deed may be voluntary, the Vendee be not privy to the Intent, the Sale to
and not fraudulent, as where a Father having an ex- him is good: For as to the Vendee there is no Fraud
travagant Son, fettles his Land fo that he may in the Cafe. Mich 24 Car. B. R. A Man gives his
not ſpend all; this is good, if there is no Confidera-Goods to his Son, they are nevertheless liable as
tion of Money. 1 Med. 119. Although every vo- to his Creditors; but if he gives them to one of his
luntary Conveyance is primia facie deemed fraudulent Creditors, without any Truft or Covin, it fhall not
against Purchaſers, yet fome Circumftances may al be fraudulent to make him liable to other Creditors.
ter the Cafe: An Infant promiſed, on his Marri-3 Salk. 174. If a Man is indicted, and give away
age, to fettle his Eftate when he came of Age, up. his Goods to prevent a Forfeiture, the King shall
on himself and his Iffue; and this was held a fuffi- have them upon an Attainder or Conviction; tho*
cient Confideration, though an Infant by Law is 'tis otherwife if he fell them for a good Confidera-
not compellable to fulfil fuch Promife. 2 Lev. 147.tion to one who had no Notice of the Indictment.
A Perfon, in Confideration that his Son is to mar. Ibid. If Tenant for Life commit a Forfeiture, and
ry the Daughter of A. B. covenants to ftand feifed he in the Reverfion enters, this thall be as a frau-
of Lands to the Ufe of his Son for Life; and after dulent Conveyance with Refpe&t to Creditors. Ventr
to other Suns in Reverfion or Remainder: The 257. Fraudulent Gifts, or Grants of Goods to defraud
Ufes thus limited in Remainder, fhall be fraudulent the Lord of his Heriot, fhall be void; and the Va
as to any Purchafer of the Land, though the firft lue of the Goods forfeited. 13 Eliz. 5. Gifts made
be upon good Confideration. And although the in Secret are liable to Sufpicion of Fraud: A general
Confideration of Marriage is good; if there be a Gift of all a Man's Goods may be reafonably fu-
Power to revoke annexed to the Deed, it will be fpected to be fraudulent, even though there be a true
void as to Purchasers. Lane 22. If a Man after Debt owing to the Party to whom made. 3 Rep. 80,
Marriage, make a voluntary Conveyance of Land 81. And the feveral Marks or Badges of Fraud, in
for a Jointure, or Maintenance of his Wife, and a Gift or Grant of Goods are, if it be general,
afterwards fell the Land for Money, to one that without Exception of fome Things of Neceffity; if
hath no Notice of it; in this Cafe, the Conveyance the Donor till poffeffes and ufes the Goods; if the
made to the Ufe of the Wife, fhall be faid to be Deed be fecretly made; if there be a Trust between
fraudulent: And yet if a Perfon upon a Marriage, the Parties; or if it be made pending the Action.
before the Marriage and in Confideration thereof, 3 Rep. 80, &c. And where a Perfon is Party to a
or after Marriage, in Confideration of a Portion gi-Fraud, all that follows by Reafon of that Fraud fhall
ven or Money paid, convey his Land to the Ufe of be faid to be done by him. Cro. Fac. 469. But
his Wife, &c. it will not be a fraudulent Deed. 2 when Fraud is not exprefly averred, it fhall not be
Cro. 158. A Feme Covert joins with her Husband prefumed; nor fhall the Court adjudge it to be ſo,
in the Alienation of her Jointure, and hath a new till the Matter is found by Jury. 10 Rep. 56. A poor
Deed of Settlement of other Lands dated the Man was drawn in to fell an Eſtate, at a great Un-
fame Day in lieu thereof, without Articles or A-der-Value; but no Fraud appearing, tho' the Pur-
grement precedent to this fecond Settlement; this
is not fraudulent against a Purchafer, though the
Lands in the new Settlement are more in Value
chafe was not a fair Bargain, the Seller could not
be relieved in Equity, to fet it afide. Preced. Canc.
206. The Chancery may decree a Conveyance,
to
1
FR
FR
Free-Chapel, (Libera Capella) A Chapel fo cal-
led, because it is exempt from the jurifdi&tion
of the Diocefan. Thofe Chapels are properly Free-
Chapels which are of the King's Foundation, and
by him exempted from the Ordinary's Vifitation:
Allo Chapels founded within a Pariſh for the Ser-
to be fraudulent, mecrly for being voluntary, and
without any Trial at Law; yet it has been infifted,
that Fraud or not was triable only by a Jury. Ibid.
14, 15. A Will, as well as Deed, fhall be fet afide
in Chancery for Fraud and Circumvention. Ib. 123.
Fraudulent Conveyances to multiply Votes at Election
of Knights of the Shire, fhall be taken against the Pervice of God, by the Devotion and Liberality of
fons making them as free and abfolute; and all
Securities for Redeeming and Reftoring, &c. to be
void. Stat. 10 Ann. c. 23. A Preſentation to a Bene-
fice; or Administration of Goods, obtained by Fraud,
are void; and fo is Sale of Goods by Fraud, altho'
in open Market, &c. Where a fraudulent Deed
or Conveyance, is affigned upon a valuable Con-
fideration, the Fraud is purged thereby. 1 Ld.
Raym. SS.
Fraus Legis, If a Perfon having no Manner of
Title to a Houfe, procure an Affidavit of the Ser-
vice of a Declaration in Ejectment, and thereupon
gets Judgment; and by Virtue of a Writ of Hab. fac.
Poffeffionem turns the Owner out of Poffeffion of the
Houſe, and feifes and converts the Goods therein
to his own Ufe, he may be punished as a Felon;
becauſe he used the Procefs of the Law with a
felonious Purpoſe, in fraudem Legis. Raym. 276.
Sid. 254.
Fraxinetum, A Wood of Afhed Trees. Domefday.
Fredum, Was a Compofition made by a Cri-
minal, to be freed from Profecution, of which
the third Part was paid into the Exchequer. See De-
latura.
fredwit, A Liberty to hold Courts, and take up
Amerciaments, &c. Cowel.
pious Men, over and above the Mother-Church,
and endowed with Maintenance by the Founders,
which were free for the Inhabitants of the Parish to
come to, were therefore called Free Chapels. Reg.
Orig. 40, 41. The Free Chapel of St. Martin le Grand
is mentioned in the Stat. 3 Ed. 4. c. 4. as are others
likewife, by ancient Statutes: But thefe Chapels
were given to the King, with the Chantries, &c. 1
Ed. 6. c. 14.
Freehold, (Liberum Tenementum) Is that Land or
Tenement which a Man holds in Fee-fimple, Fee-
tail, or for Term of Life. Bract. lib. 2. cap. 9. And
is defcribed to be of two Sorts: Freehold in Deed, and
Freehold in Law; the First being the real Poffeffion
of Lands, &c. in Fee, or for Life, and the other
the Right a Perfon hath to fuch Lands or Tene-
ments, before his Entry or Seifure. Freehold is alfo
extended to Offices, which a Man holds either in Fee,
or during Life: And in the Register of Writs it is
faid, that he who holds Land upon an Execution
of a Statute-Merchant until he is fatisfied the Debt,
Tenet ut Liberum Tenementum fibi & aſſignatis fuis,
and the fame of a Tenant by Elegit; but fuch Te-
nants are not Freeholders, only as Freeholders for their
Time, till they have received the Profits of the
Land to the Value of their Debt. Reg. Judic. 68, 73.
Free-Bench, (Francus Bancus, i. e. Sedes Libera) A Leafe for ninety-nine Years, &c. determinable
Is that Estate in Copyhold Lands which the Wife upon a Life or Lives, is not a Leafe for Life to
hath on the Death of her Husband for her Dower, make a Freehold, but a Leafe for Years or Chattel
according to the Cuftom of the Manor: But it is determinable upon Life or Lives: And an Eftare
faid the Wife ought to be efpous'd a Virgin; and is for One thousand Years is not a Freehold, or of ſo
to hold the Land only fo long as the lives fole and high a Nature as an Eftate for Life. Co. Litt. 6. He
continent. Kitch: 102. Of this Free-Bench, feveral that hath an Eftate for the Term of his own Life,
Manors have feveral Customs; and Fitzherbert calls or the Life of another, hath a Freehold, and no o
it a Custom whereby in certain Cities the Wife fhallther of a lefs Eftate; though they of a greater E-
have the whole Lands of the Husband for her Dow-ftate have a Freehold, as Tenant in Fee, &c. Litt. 57.
er, &c. F. N. B. 150. In the Manors of Eaft and When a Man pleads Liberum Tenementum generally,
Weft Enbourne in the County of Berks, and the Mait fhall be intended that he hath an Estate in Fee;
nor of Torre in Devonshire, and other Parts of the and not a bare Eltate for Life. Cro. Eliz. 87. An E
Weft of England, there is a Cuftom; that when aftate of Freehold cannot by the Common Lay com-
Copyhold Tenant dies, his Widow fhall have her mence in futuro; but it must take prefently in Pof-
Free-Benth in all his Cuftomary Lands, Dam fola &
cafta fuerit; but if fhe commits Incontinency, fhe
forfeits her Eftate: Yet nevertheless, on her com-
ing into the Court of the Manor, riding backwards
a Black Ram, with his Tail in her Hand, and
faying the Words following, the Steward is bound
by the Custom to re-admit her to her Free-Bench;
the Words are theſe,
Con
Here I am,
Riding upon a Black Ram,
Like a Whore as I am:
And for my Crincum Crancum,
I have lost my Binkum Bankum;
And for my Tail's Game,
Have done this wordly Shame;
feffion, Reverfion, or Remainder. 5 Rep. 94. A
Man made a Deed of Gift to his Son and his Heirs,
of Lands after his Death, and no Livery was made;
now if there had been Livery, it had been void, be-
caufe a Freehold cannot commence in futuro: And it
has been held, that ir fhall not enure as a Covenant
to ftand feifed, by Reafon of the Word Give; by
which was intended a Tranfmutation of the Eftate,
and not to pass it by Way of Ufe. March Rep. 50,
51. Whatſoever is Part of, or fix'd to the Freehold
goes to the Heir; and Glaſs-Windows, Wainſcot, &c.
affix'd to the Houſe are Parcel of the Houſe, and
cannot be removed by Tenants. 4 Rep. 63, 64. Bur
it hath been adjudged, that if Things for Trade,
c. are fix'd to the Freehold by the Leffee, he may
take them down and remove them, fo as he do it
Therefore pray Mr. Steward let me have my Land before the End of the Term, and he do not there-
:
again.
This is a Kind of Penance, among jocular Tenures
and Cuſtoms, to purge the Offence.
Free-booter, Signifies a Perlon who fights without
Pay, in Hopes of getting fome Booty.
freebozo, (Francbordus) Is Ground' claimed in
fome Places more or lefs, beyond, or without the
Fence: It is faid to contain two Foot and a Half, in
Mon. Angl. Tom. 2. pag. 241.
Free-borough-men, Were fuch great Men as did
not engage like the Frank-pledge Men for their De-
cennier. See Friburgh.
by injure the Freehold. 1 Salk. 368. Any Thing fix'd
to the Freehold may not be taken in Diftrefs for Rent
or in Execution, &c. But it is not Felony at Com-
mon Law, only Trefpafs, to ſteal or take any Thing
annexed to the Freehold; fuch as lead on a Church or
Houſe, Corn or Grafs growing on the Ground, Ap-
ples on a Tree, &c. Though if they are fevered
from the Freehold, whether by the Owner or the
Thief; if he fever them at one Time, and take
them away at another, it is Larceny to take them.
12 A. 32.
1 Hawk. 93. And to ſteal Lead on
Houfes, &c. is made Felony, by a late Statute. 4
Geo. 2. The Statute of Magna Charta, cap. 29. or-
dains,.
4 T
1
FR
FR
and
If a
-
dains, that no Perfon fhall be diffeifed of his Free-unlade them; for if he then changes his Mind,
bold, &c. but by Judgment of his Peers, or accord refolves not to venture, but will unlade again, by
ing to the Law of the Land; which doth not only the Marine Law the Freight becomes due.
relate to common Diffeifins, but the King may not Mafter freights out his Ship, and afterwards fc-
otherwife feile into his Hands the Freehold of the cretly takes in Goods unknown to the first Laders,
Subject. Wood's Inft. 614. None fhall diftrain any by the Law Marine he forfeits his Freight: And if a
Freeholders to anfwer for their Freeholds, or any Mafter of a Ship shall put into any other Port than
Thing touching the fame, without the King's Writ, what the Ship was freighted to, he fhall anfwer Da-
Stat. 52 H. 3. cap, 22. Nor fhall any Perfon be mages to the Merchant; unless he is forced in by
compelled to anfwer for his Freehold before any Lord Storm, Enemies, or Pirates; and in that Cafe he is
of a Manor, c. 15 R. 2. c. 12. Freehold Estates, of obliged to fail to the Port agreed at his own Ex
certain Values, are required by Statutes to qualify pence. Leg. Oleron. A Ship is freighted out and in,
Jurors; Electors of Knights of the Shire in Parlia- there fhall be no Freight due till the Voyage is per-
ment, &c.
form'd; fo that if the Ship be caft away, coming
Freeholders, Are fuch as hold any Freehold E-home, the Freight outwards as well as inwards are
tate. By the ancient Laws of Scotland, Freeholder's both gone. 1 Brownl. 21. A Matter of a Ship is not
were called Milites; and Freehold, in this Kingdom, bound to anſwer Freight to the Owners for Paffen-
hath been ſometimes taken in Oppofition to Villegers, where it appears they are not able to pay.
nage, it being Lands in the Hands of the Gentry See Charter-party.»
and better Sort of Tenants, by certain Tenure, who
were always Freeholders, contrary to what was in the
Poffeffion of the inferior People, held at the Will of
the Lord. Lambard.
Freeman, (Liber homo) Is one diftinguifh'd from
a Slave, that is born or made Free; and thefe have
divers Privileges beyond others. See London.
·
܀
Freight, (Fr. Fret) Significs the Money paid for
Carriage of Goods by Sea; or in a larger Senfe, it
is taken for the Cargo, or Burthen of the Ship.
Ships are freighted either by the Ton, or by the
Great; and in Refpe&t of Time, the Freight is a-
greed for at fo much ter Month, or at a certain
Sum for the whole Voyage. If a Ship freighted by
the Great, happens to be cast away, the Freight is
loft; but if a Merchant agrees by the Ton, or at
fo much for every Piece of Commodities, and by
any Accident the Ship is caft away, if Part of the
Goods is faved, it is faid the ought to be anfwered
her Freight pro rata: And when a Ship is infured,
and fuch a Misfortune happens, the Infured com-
monly transfer thofe Goods over to the Affurers, to-
wards a Satisfa&tion of what they make good. Lex
Mercat. or Merchants Compan. 79. If Freight is agreed
for the Lading and Unlading of Cattle at fuch a
Port, and fome of them die before the Ship arrives
there, the whole Freight fhall be paid for the Living
and the Dead; but if the Agreement be for tranf
porting them, Freight fhall be only paid for the Li-
ving: And it is the fame of Siaves. Ibid. 85. The
Lading of a Ship, in Conftru&tion of Law, is bound
for the Freight; the Freight being in Point of Pay-
ment preferr'd before any other Debts to which the
Goods fo lader are liable, though fuch Debts as to
Time were precedent to the Freight: And Actions
touching the fame, are conftrued favourably for the
Ship and Owners; for if four Part-Owners of Five,
belonging to a Ship, fettle their Accounts with the
Freighters, and receive their Dues, yet the fifth Man
may fue fingly by himſelf without joining with the
Reft, by the Common Law, and the Law Marine.
Hill. 27 Car. 2. B. R. If Part of the Lading be on
Ship-board, and through fome Misfortune happen-
ing to the Merchant, he has not his full Lading a-
board at the Time agreed, the Mafter hall have
Freight by Way of Damage, for the Time thofe
Goods were on Board; and is at his Liberty to con-
tra&t with another, left he lofe his Seafon and
Voyage: And where a Ship is not ready to take in,
or the Merchant not ready to lade his Goods aboard,
the Parties are not only fo at Liberty, but the Per-
fon damnified may bring an Action against the other
and recover his Damages fuftained. Leg. Rhod. If
the Freighter of a Ship fhall lade on Board prohi-
bited Goods, or unlawful Merchandize, whereby
the Ship is detained, or the Voyage impeded; he
fhall answer the Freight agreed for. Style 220. And
when Goods are laden aboard, and the Ship hath
broke Ground, the Merchant may not afterwards
3
ing a Native of Normandy in France, caufed the
French, King William 1. called The Conqueror, be-
Laws of this Realm, in his Time, to be written
and pleaded in the French Language. 3 Rep. 17. Bur
by the Stat. 37 E. 3. 15. all Pleas that are pleaded
in any of the King's Courts, fhall be pleaded in the
raigned, and the Plea of the Defendant read in
English Tongue; though Appeals were ftill to be ar-
French, in the fame Manner as anciently. 2 Hawk
P. C. 308. Vide Stat. 4 Geo. 2. c. 26.
ger or outlandishman. Bract. lib. 3. tract. 2. cap. 15.
Frenchman, Heretofore a Term for every Stran-
See Francigena.
micus, & Wite. mul&ta, and is a Mult exacted of
Frendwite, Comes from the Sax. Freond. i. e. A-
him who harbour'd his outlawed Friend. Blount
But fee Fleta, lib. 1. cap. 47.
Chart. Antiq. in Somner of Gavelkind, p. 132.
Fresca, Fresh Water or Rain, and Land Floods.
Fraiz, i. e. Recens, Diffeifor, viz. Poffeffione ejicere)
Fresh Disleitin, (Frifca Diffeifina, from the Fr.
Signifies that Diffeifin, which a Man might formerly
feek to defeat of himself, and by his own Power,
without reforting to the King, or the Law; as
where it was not above fifteen Days old, or of
fome other fhort Continuance. Briton, cap. 5. Of
this Bracton writes at large, concluding it to be ar-
bitrary, Lib. 4. cap. 5.
Fresh Fine, Is that which was levied within a
Year palt: It is mentioned in the Statute of Westm.
2. 13 Ed. 1. cap. 45.
in any City, Borough, &c. And if a Perfon be
Fresh Force, (Frifca Fortia) Is a Force newly done
diffeifed of any Lands or Tenements within fuch a
City, or Borough, he who hath a Right to the
Land, by the Ufage and Cuftom of the laid City,
c. may bring his Affife, or Bill of Fresh Force, with-
in forty Days after the Force committed; and re-
cover the Lands. F. N. B. 7. Old Nat. Br. 4. This
Remedy may be alfo had where any Man is de-
forced of any Lands, after the Death of his An-
ceftor, to whom he is Hcir; or after the Death of
Tenant for Life, or in Tail, in Dower, c. within
forty Days after the Title accrued; and in
of Fresh Force, the Plaintiff or Demandant fhall make
a Bill
Protcitation to fue in the Nature of what Writ he
will, as Affife of Mortdanceftor, of Novel Deifin, In
trufion, &c. New Nat. Br. 15. The Affife or Bill of
Fresh Force is fued out without any Writ from the
Chancery; but after the Forty Days, there is to be
a Writ out of the Chancery, directed to the Mayor,
c. Ibid.
Fresh Suit, or Purfuit, (Recens infecutio)Is fuch
a prefent and carnet following of an Offender,
where a Robbery is committed, as
from the Time of the Offence done or difcovered,
never ceafes
until he be apprehended: And the Benefit of a Pur-
fuit of a Felon is, that the Party purſuing fhall have
his Goods restored to him; which otherwife are for-
כי
feited
FR
FU
፡
Frier-obfervant; (Frater obfervans) Is a Branch of
the Francifcan Friers, which are Minors as well the
Obfervants as the Conventuals, and Capuchines. And
they are called Obfervants, becauſe they are not com-
bined together in any Cloifter, Convent, or Corpo-
ration, as the Conventuals are; but tie themselves
to obferve the Rules of their Order more ftri&tly than
the Conventuals do, and upon a Singularity of Zeal
feparate themselves from them, living in certain
Places of their own Chufing. Zach. de Rep. Ecclef. de
Regular, cap. 12. They are mentioned in the Stat.
25 H. 8. cap. 12.
Friling, Freoling, (From the Sax. Freob, Liber
& Ling, progenies) Signifies a Man that is free.
feited to the King. Staundf. Pl. Cor. lib. 3. cap. 1c. | Reft deſcend. 4 H. 4. c. 17. Lyndewood de Relig. Dia
and 12. When an Offender is thus apprehended, mihus, c. 1.
and Indictment brought againſt hin, upon which he
is convicted of the Felony, the Party robb'd fhall
have Reftitution of his Goods; and though the Par
ty robb'd do not apprehend the Thief prefently,
but that it be fome Time after the Robbery, if the
Party did what in him lay to take the Offender; and
notwithstanding in fuch Cafe he happen to be ap-
prehended by fome other Perfon, it fhall be ad-
judged Fresh Purfuit. Terms de Ley 362, 363. It has
been anciently holden, that to make a Fresh Suit,
the Party ought to make Hue and Cry with all con-
venient Speed, and to have taken the Offender him-
felf, &c. But at this Day, if the Party hath been
guilty of no grofs Negligence, but hath ufed all
reaſonable Care in inquiring after, purfuing, and
apprehending the Felon, he thall be allowed to have
made fufficient Fresh Suit. 2 Hawk. P. C. 169. Alfo
it is faid, that the Judging of Fresh Suit is in the
Diſcretion of the Court, tho' it ought to be found
by the Jury; and the Juftices may, if they think
fit, award a Reftitution without making any Inqui-
fition concerning the fame. Ibid. 169, 171. Where
a Gaoler immediately purfues a Felon, or other Pri-
foner, efcaping from Prifon, it is Fresh Suit, to ex-
cufe the Gaoler: And if a Lord follow his Diftiefs
into another's Ground, on its being driven off the
Premiffes, this is called Fresh Suit; fo where a Te-
nant purſues his Cattle, that efcape or ftray into
another Man's Lands, &c. Fresh Suit may be either
within the View, or without; as to which the Law
makes fome Difference: And it has been faid that
Fresh Suit may continue for feven Years. 3 Rep.
S. P. C.
Fretum Britannicum, Is ufed in our ancient
Writings for the Streights between Dover and Calis.
Frettum and Freitum, The Freight of a Ship, or
Freight-Money. Acquietari facietis Frettum Na
vium, &c. Clauf. 17 Joh. m. 16.
Friburgh, alias Frithburgh, (Frideburgum, from
the Sax. Frid, i. e. Pax, & Borge, Fidejuffor) Is the
fame with Frank-pledge; the one being in the Time
of the Saxons, and the other fince the Conqueft: Of
theſe Friburghs, Bracton treats Lib. 3. Tract. 2. cap. 10.
And they are particularly defcribed in the Laws of
King Edward fet out by Lambard, fol. 143.
likewife writes on this Subject, lib. 1. cap. 47. And
Spelman makes a Difference between Friborg and
Frithborgh; faying the Firſt fignifies Libera Securitas,
and the other Pacis Securitas. Although Friburghs
or Friburghers were antiently required as principal
Pledges or Sureties for their Neighbours, for the
Keeping of the Peace; yet as to great Perfons, they
were a fufficient Affurance for themfelves, and
their menial Servants. Skene.
Fridoll and Frithlow, (Sax. Frid, Pax, & Stol,
fedes) A Sear, Chair, or Place of Peace. In the
Charter of Immunities granted to the Church of St.
Peter in York, by Henry 1. and confirmed Anno 5 H. 7.
Fridftoll is expounded Cathedra pacis & quietudinis, &c.
And there were many fuch in England; but the most
famous was at Beverley, which had this Infeription;
Hæc fedes Lapidea Frecuftoll dicitur, i, e. Pacis Cathe-
dra, ad quam reus fugiendo perveniers, omnimodam habet
Securitatem. Camd.
Friendless Man, Was the old Saxon Word for
him whom we call an Outlaw; and it is for this
Reaſon, because he was, upon his Expulfion from
the King's Protection, denied all Help of Friends,
after certain Days: Nam forisfecit amicos. Era&t. lib.
3. Tra&t. 2. cap. 12. See Frendwite.
Fricr. (Lat. Frater, Fr. Frere) The Name of an
Order of Religious Perfons, of which there are four
principal Branches, viz. 1. Minors, Grey Friers, or
Francif.ans. 2. Auguftins. 3. Dominicans, or Black
Friers. 4. White Friers, or Carmelites; of which the
Friperer, (Fr. Fripier, i. e. Interpolator) One that
fcours and furbiſhes up old Clothes to fell again ; a
Kind of Broker. 1 fac. 1. c. 21.
Frifcus, Is taken for uncultivated Ground.
Et de Communia Pafture in Frifcis & Dominicis fuis.
Mon. Angl. Tom. 2. pag. 56.
Fritt, A Term among Merchants for felling
Goods upon Credit.
Frith, (Sax) A Wood, from Frid, i. e. Pax, for
the English Saxons held Woods to be facred, and
therefore made them San&tuaries. Sir Edward Coke
expounds it a Plain between two Woods, or
Lawnd. Co. Lit. 5. Camden in his Britan. ufeth it
for an Arm of the Sea, or a Streight, between two
Lands, from the Word Fretum.
a
Fríthbzech, (Pacis Violatio) The Breaking of the
Peace. LL. Ethelred. c. 6. See Grithbre he.
Frithgear, (From the Sax. Frith or Frid, Pax, &
Gear, Annus) The Year of Jubilee, or of Meeting
for Peace and Friendship. Somn.
Frithgild, Is the fame which we now call a Guild-
Hall; or a Company or Fraternity.
Frithman, One belonging to fuch Fraternity or
Company. Blount.
Frithmote, Is mentioned in the Records of the
County Palatine of Chefter: Per Frithmote J. Stan-
ley, Ar. clamat capere annuatim de Villa de Olton, que
eft infra feodum & Manerium de, &c. 10 fol. quos Co-
mites Ceftria ante confectionem Chart& præd. folebant ca-
pere. Pl. in Itin. apud Ceftriam, 14 Hen. 7.
Frithloke, Frithloken, Signifies Surety of De-
fence; or, according to Fleta, Libertas habendi Franci
plegii; feu Immunitatis locus.
Et concedo eis
Frodmoztel, rectius Fredutoztel, (from the Sax.
Freo, free, and Morthdel, Homicidium) An Immu-
nity for committing Manflaughter.
Curiam fuam de omnibus Querelis, Et Fudicium ſuum
pro Frodmortel, &c. Mon. Angl. Tom 1. p. 173.
Frumgyld, (Sax.) Is the firft Payment made to
the Kindred of a Perfon flain, towards the Recom-
pence of his Murder. Prima Capitis æftimationis
Perfio vel folutio. LL. Edmund,
Frumsol, The chief Seat or Manfion-houſe ;
which is called by fome the Homeftal. Leg. Inæ,
cap. 38.
Frufca terræ, Waste and Defart Lands. Mon.
Tom. 2 pag. 327-
Frufura, (from the Fr. Froiffure) A Breaking
down; alo a Ploughing or Breaking up: Fruffura
Domorum is Houfe breaking; and Fruffura Terra,
new broke Land. Mon. Angl. Tom. 2 pag. 394.
Frutrum terræ, Is a fmall Peace or Parcel of
Land, Refiduum quiddam prater acras numeratas vel
Campum menfuratum. Fruftrum terræ accipiatur
pro ampla Portione feorfum a Campo, Villa, Manerio ja-
centi. Domeſday.
Frute&um, A Place where Shrubs, or tall Herbs
do grow. Mon. Ang Tom. 3. pag. 22.
Fuage. In the Reign of King Edward III. the
Black Prince having Aquitain granted him, laid an
Impofition of Fuage upon the Subje&s of that Duke-
dom,
FU
FU
**
dom, i. e. 12 d. for every Fire. Rot. Parl. 25 Ed. 315 Ed. 4. And this Word has been fometimes uſed
And 'tis probable, that the Hearth- Money impofed for Smoke-Money, a customary Payment for every
Anno 16 Car. 2. took its Original from hence. Sec Houfe that had a Chimney. Domesday.
Fumage.
fuel. By an ancient Statute, if any Perfon fhall
fell Billet-wood or Faggots for Fuel under the Affife,
c. on Prefentment thereof upin Oath by fix Per-
fons fworn by a Justice of Peace, the Party may
be fer on the Pillory in the next Market-Town,
with a Faggot, & bound to fome Part of his Body.
For the Affife of Fuel, it is ordained, that every Billet
fhall be in Length three hoor and four Inches, and
if fingle contain fasen Inches and a half about; a
Faggot bound must be three Foot long, and have
the Bond twenty-four Inches round, befides the
Knot; and every Talfbide marked one, being round
bodied, fhall meaſure in Length four Foot, and be
fixteen Inches, and a half abou, &. Stat. 7 Ed. 6.
cap. 7. 43 Eliz. cap. 14. And none are to buy
any Fuel but fuch. as will burn. it, or retail it to
thofe as do; on Pain to forfeit the treble Value:
Alfo no Perfon may alten any Mark on Affife of Fuel,
on the like Forfeiture: Stat. Ibid.
&
Fumadoes, Are Pilchards garbag'd and falted,
then hung in the Smoke, and prefs'd; fo called in
Spain and Italy, whither they are exported in great
Abundance. 14 Car. 2. c. 31.
Fundítozes, Is ufed for Pioneers, in Pat. 10 Ed.
2. m. 1.
Furca and Foffa, (i. e. the Gallows and the Pit)
In ancient Privileges granted by our Kings, it fig-
nified a Jurifdiction of punishing Felons; that is,
Men by Hanging, and Women with Drowning. And
Sir Edw. Coke fays Foffa is taken away, but that Furca
remains. 3 Inft. 58. Skene treating of thefe Words,
faith thus Erectio Furcarum eft meri Imperii &
alte fuftitia,& fignificat Dominium aeris, quia fufpenfi
pandent in aere: Et merum Imperium confiftit in quatuor,
ficut funt, quatuor Elementa; In Aere, ut hii qui ſuſpen-
duntur; In Igne, quando quis comburitur propter Male-
ficium; In Aqua, quando quis ponitur in culeo & in
Mare projicitur ut parricida, vel in amnem immergitur ut
Fœmine furti Danimate; In Terra, cum quis decapitatur
Fuer, (Fr. Fuir, Lat. Fugere) Is ufed fubftantive-in Terram profternitur. Skene.
ly, though it be a Verb; and is two-fold, Fuer in
fait, or in fallo, when a Man doth apparently and
corporally fly; and Fuer in Ley, in Lege, when being
called in the County-Court he appeareth not, which
is Füght in the Interpretation of Law. Staundf. Pl.
Cor. Lib. 3. cap. 22.
Furcare ad Taffum, To pitch Corn with a Fork
in Loading a Waggon, or in making a Rick or
Mow. Tenentes debent falcare, fpargere, vertere, cumu-
lare, cariare in Manerium Domini, & ad Taffum fur-
-Cowel.
care unam acram Prati·
Furcam & Flagellum. The meanest of all fer-
vile Tenures, when the Bondman was at the Difpo-
fal of his Lord for Life and Limb. Ipfe tenet in
Villenagio ad Furcam & Flagellum de Domino fuo,
Fuga Catallozum, A Drove of Cattle: Fugatores
Carrucarum, Waggoners who drive Oxen, without
beating or goading. Fleta, lib. 2. c. 78.
Fugacía, Signifies a Chafe, being all one with. Placit. Term. Mich. 2 Joh. Ror. 7.
Chafea; and Fugatio, Hunting, or the Privilege to
hunt. Blount.
:
Furigeldam, A Mul paid for Theft: And by
the Laws of King Ethelred, it is allow'd, that they
fhall be Witneffes qui nunquam Furigeldum reddide
runt, i. e. who never was accufed of Theft.
Fugam fecit, Is where it is found by Inquifition,
that a Perfon fled for Felony, &c. And if Flight
and Felony be found on an Indi&tment for Felony, Furlong. Is a Quantity of Ground containing
or before the Coroner, where a Murder is commit- generally forty Poles or Perches in Length, every
ted, the Offender ſhall forfeit all his Goods, and the Pole being fixteen Foot and a half; cight of which
Iffues of his Lands, 'till he is acquitted or pardon- Furlongs make a Mile: It is otherwife the eighth
ed. And it is held, that when one indicted of any Part of an Acre of Land in Quantity. Stat. 3.5 Ed. 1.
capital Crime, before Juftices of Oyer, &c. is accap. 6. In the former Acceptation, the Romans call
quitted at his Trial, but found to have fled, heit Stadium; and in the latter Fugerum. Alfo the
hall notwithstanding his Acquittal, forfeit his Word Furlong hath been fometimes ufed for a Piece
Goods; but not the Iffues of his Lands, becaufe by of Land of more or lefs Acres.
the Acquittal the Land is difcharged, and confe-
quently the Iffucs. Inft. 218. Hawk. P. C. 27.
2 Hawk. P. C. 450. The Party may, in all Cafes,
except that of the Coroner's Inqueft, traverſe the
Finding of a Fugam, fecit; and the Particulars of the
Goods found to be forfeited, may be always tra-
verfed: Alfo whenever the Indictment againſt a
Man is infufficient, the Finding of a Fugam fecit
will not hurt him. 2 Hawk. 451. Making Default
in Appearance on Indi&tment, &c. whereby Out-
lawry is awarded, a Flight in Law. See Exigent.
Furnage, (Furnagium) Eft tributum quod Domino
Furni a Sectatoribus penditur ob ufum Furni; Et multis
enim in locis tenentur Vaffali ad coquendum panes fuos in
Furno Domini. Eft etiam Lucrum feu Emolumentum
quod Piftori conceditur in piftionis fumptus Mercedem,
tunc poteft Piftor de quolibet quarterio frumenti lu-
crare 4. Denar. & furfur, & duos panes ad Furnagium.
Affifa Panis & Cervifia, 51 H. 3. See Fornagium.
Furnarius, Is uſed for a Baker, who keeps an
Oven; and Furniare fignifies to bake or put any
Thing in the Oven. Matt. Parif. Anno 1258.
Fugitives GooDS, (Bona Fugitivorum) Are the Furt, (Furrura) from the Fr. Fourer, i. c. Pelli:u-
proper Goods of him that flies upon Felony; which lare) Is the Coat or Covering of a Beaft, The Sta-
after the Flight lawfully found on Record, do be-ture 24 H. 8. c. 13. mentions divers Kinds of it, viz.
long to the King or Lord of the Manor. 5 Rep.
109.
Sables; which are a rich Furr, of Colour between
black and brown, the Skin of a Beast called a Sable,
Fugitives over Sea. To depart this Realm o- of Bignefs between a Pole-cat and an ordinary Cat,
ver the Sea, without the King's Licence, except it be bred in Ruffia and Tartary. Lucerns, the Skin of a
Great. Men and Merchants, and the King's Soldiers, Beaft of that Name, near the Size of a Wolf, in Co-
incurs forfeiture of Goods: And Master's of Ships, lour neither red nor brown, but between both, and
c. carrying fuch Perfons beyond Sea, fhall forfeit mingled with black Spots; which are bred in Maf-
their Veffels; alfo if any Searcher of any Port, neg-covy; and is a very rich Furr. Genets, a Beall's
ligently fuffer any Perfons to pafs, he fhall be im-
prifoned, &c. Stat. 9. Ed. 3. 10. 5. R. 2. c. 2.
Fugitio, Pro Fuga Condonavit omnes Felonias
Fugitiones. Knighton, anno 153.7.
Fullum que, A Fleam or Stream of Water,
fuch as comes from a Mill.
Fumage, (Fumagium) Dung for Soil, or a Ma-
nuring of Land with Dung.. Et fint Quieti de
Fumagio Maremio cariando, &c. Chart. R. 2. Pat.
3
Skin fo called, in Bignefs between a Cat and Weezle,
mailed like a Cat, and of that Nature, and of two
Kinds black and grey, the black most precious
which hath black Spots upon it hardly to be feen;
this Beaft is the Product of Spain. Foins are of Fa-
ſhion like the Sable, the Top of the Furr is black,
and the Ground whitifli; bred for the moft part in
France. Marten is a Beaſt very like the Sable, the
Skin fomething coarfer, produc'd in England and
Ireland,
C
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GA
2
Ireland, and all Countries not too cold; but the beſt|
are in Ireland. Befides thefe, there are the Fitch or
Pole-cat; the Calabar, a little Beaft, in Bignefs near
a Squirrel; Miniver being the Bellies of Squirrels
and Shanks, or what is called Budge, &c. all of
them Furrs of Foreign Countries, fome whereof
make a large Branch of their Inland Traffick.
Furtta Fondong, (Sax.) Time to advife, or to
take Counfel.- De quibufcunque Implacitetur aliquis
Furft & Fondong habeat. Leg. H. 1. cap. 46.
Furtum, Theft, or Robbery of any Kind. Litt.
Dict.
Futians. No Perfons fhall drefs Fuftians with
any other Inftrument than the Broad Sheers, under
the Penalty of 20 s. And the Mafter and Wardens
of the Company of Clothworkers in London, c. have
Power to Search the Workmanship of Sheermen,
as well for Fustian as Cloth. 11 H. 7. 39 Eliz.
c. 13.
Fultick, Wood brought from Barbadoes, Jamaica,
Ec. ufed by Dyers, mentioned in the 12 Car. 2.
cap. 18.
Fyderinga, (from the Sax. Firderung, i. c. Expe-
ditionis apparatus) A going out to War, or a military
Expedition at the King's Command; not going
upon which, when fummon'd, was punifhed by
Fine at the King's Pleafure, Leg. H. 1. c. 1o. Blount
calls it an Expedition; or a Fault or Treipafs for
not going upon the fame.
Fyzthing or Fyzdung, A military Expedition.
G.
་
Gainage, (Gainagium, i. e. Plauftri apparatus, Fr.
Gaignage, viz. Lucrum) The Gain or Profit of tilled
or planted Land, raifed by Cultivating it; and the
Draught, Plough, and Furniture for carrying on
the Work of Tillage, by the bafer Kind of Soke-men
or Villains. Gainage was only applied to arable
Land, when they that had it in Occupation had
nothing thereof but the Profit raised by it from
their own Labour, towards their Suftenance, nor
any other Title but at the Lord's Will: And Gainor
is ufed for a Soke-man, that hath fuch Land in Oc-
cupation. Bract. lib. 1. cap. 9. Old Nat. Br. 117. The
Ward Gain is mentioned by Weft. Symb par. 2. Sect. 3.
Where he fays Land in Demeine, but not in Gain,
&c. And in the Stat. 51 H. 3. there are thefe Words;
no Man fhall be diftrained by his Beafts, that gain
the Land. By the Statute of Magna Charta, c. 14.
Gainage is meant no more than the Plough-Tackle,
or Implements of Husbandry, without any Refpe&t
to Gain or Profit; where it is faid of the Knight
and Freeholder, he ſhall be amerced Salvo contenemento
fuo; the Merchant or Trader, Salva Mer:handifa fua ;
and the Villeins or Countrymen, Salvo Gainagio fuo,
c. In which Cafes it was that the Merchant and
Husbandman fhould not be hindered, to the Detri-
ment of the Publick, or be undone by arbitrary
Fines; and the Villein had his Wainage, to the End
the Plough might not stand ftill; for which Rea-
fon the Husbandmen at this Day are allowed a
like Privilege by Law, that their Beafts of the
Plough are not in many Cafes liable to Diftrefs. See
Wainage.
Gainery, (Fr. Gaignerie) Tillage, or the Profit
arifing from it, or of the Beafts employed therein.
•
Gabble, (Blatero, Garvio) To babble and talk Stat. Weſtm. 1. c. 6. & 17.
idly to no Purpofe, whence comes Gabbler or
Babler. Plaut.
Galea, A Galley, or fwift-failing Ship. Hoved. pag.
682, 692.
Galleti, According to Somner were Viri Galeati;
but Knighton fays they were Welchmen. In quo·
rum prima acie fuit Dominus Galfridus, cum multis
Galletis, &c. Knight.
Gabel, (Gabella, Gablum, Gablagium) in French.
Gabelle, i. e. Vectigal, hath the fame Signification
among our antient Writers, as Gabelle hath in France:
It is a Tax; but hath been varioufly ufed, as for a
Rent, Cuftom, Service, &c. And where it was a Gallígaskins, Wide Hofe or Breeches, having
Payment of Rent, thofe who paid it were termed their Name from their Ufe by the Gascoigns.
Gablatores. Domesday. Co. Lit. 213. It is by fome Gallihalpence, A Kind of Coin, which with Suf-
Authors diftinguished from Tribute; Gabella eft Vec-kins and Doitkins, were forbidden by the Stat. 3 H.
tigal quod foluitur pro Bonis mobilibus; & Tributum eft 5. 1. It is faid they were brought into this Kingdom
proprie quod Fifco vel principi folvitur pro rebus inmobili- by the Genoefe Merchants, who trading hither in
bus. When the Word Gabel was formerly mention-Galleys, lived commonly in a Lane ner Tower-street,
ed, without any Addition to it, it fignified the Tax and were called Galley-men, landing their Goods at
on Salt, tho' afterwards it was applied to all other Galley-Key, and trading with their own ſmall Silver
Coin term'd Galley Half-pence. Stow's Survey of Lond.
Taxes.
Gallimawfry, Signifies a Meal of coarfe Victuals,
Gable-End, (Gabulum) The Head or extream 137.
Part of a Houfe or Building.- Que Domus fita
eft inter Gabulum Tenementi mei & Gabulum Tene-given to Galley Slaves.
menti Laurentii K. Paroc. Antiq. 286.
Gabulus Denariozum, Rent paid in Money. Sel-
den on Tithes, p. 321.
Gafold-gild, (Sax.) Is the Payment of Tribute
or Cuftom; alſo it fometimes denotes Ufury.
Gafold-land, or Gaful-land, (Terra cenfualis) Land
liable to Taxes; and rented or letten for Rent. Sax.
Dict.
Gage, (Fr. Lat. Vadium) Signifies as much as to
pawn or pledge. Glanvil, lib. 1o. cap. 6. And Gage
Deliverance is where he that hath taken a Diftrefs,
being fued, hath not delivered the Cattle, &c. that
were distrained; then he fhall not only avow the
Distress; but Gager Deliverance, i. e. put in Surety
or Pledges, that he will deliver them. F. N. B. 67,
74. This Gage Deliverance is had on fuing out Re-
plevins, upon the Plaintiff's Praying the fame: And
it is faid the Parties are to be at Iffue, or there is to
be a Demurrer in Law, before Gage Deliverance is
allowed; and if a Man claim any Property in the
Goods, or the Beafts are dead in the Pound, the
Plaintiff fhall not gage, &c. Kitch. 145.
Gager del Ley, In old Writings. See Wage and
Wager of Law.
Gallibolatium, (from Gallus a Cock) A Cock-
fhoot or Cock-glade.
Galoches, (Fr.) Signify a Kind of Shoe, worn by
the Gauls in dirty Weather; mentioned in the Sta-
tute 14 & 15. H. 8. c. 9.
Gamba, Gambería, Gambia, (Fr. Jambiere)
Military Boots or Defence for the Legs.
Gambeylon, (Gambezonum) A Horfeman's Coat
ufed in War, which covered the Legs: Or rather a
quilted Coat, Cento, Veftimentum ex coactili Lana con-
fectum, to put under the Armour, to make it fit eaſy.
Fleta, lib. 1. cap. 24.
Game, (Aucupia from Auceps, Auchpis, i. c. Avium
captio) Birds or Prey got by Fowling and Hunting:
And Deftroying the Game is an Offence by Statute.
No Perfon fhall take Pheasants or Partridges with
Engines in another Man's Ground, without Licence,
on Pain of 10 1. Stat. 11 H. 7. c. 17. If any Perfons
fhall take or kill any Pheasants or Patridges, with
any Net in the Night-time, they fhall forfeit 20 s.
for every Pheafant, and to s. for every Partridge
taken; and Hunting with Spaniels in Standing-Corn,
incurs a Forfeiture of 40 s. 23 Eliz. c. 10. Thofe
who kill any Pheafant, Partridge, Duck, Heron,
4 U
Hare
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1
on
i
Hare, or other Game, are liable to a Forfeiture of where a Perfon was brought before a Juftice of
20s. for every Fowl and Hare; and Selling, or Buy-Peace for fhooting with Hail-fhot in a Hand-gun,
ing to fell again, any Hare, Pheasant, &c. the For- the Juftice committed him to Prifon until he should
feiture is 10 s. for each Hare, c. I. Fac. 1. cap. 17. pay 101. &c. and having made a Record of his
Alfo Pheasants or Partridges are not to be taken Conviction, it was certified upon the Return of an
between the first of July and the last of August, Habeas Corpus; and it was held, that if the Justice
Pain of Imprisonment for a Month, unless the Of of Peace had purfued the Statute, no Court could.
fenders pay 20 s. for every Pheasant, c, killed: difcharge the Defendant. W. Jones 170. On a Cer-
And Conftables, having a Justice of Peace's War- tiorari to remove a Conviction before a Juftice, &c.
rant, may fearch for Game and Nets, in the Poffeffor carrying a Gun, not being qualified; it ap
fion of Perfons not qualified by Law to kill Game, peared upon the Return to be taken before a cer-
or to keep fuch Nets. 7 Fac. 1. c.11. Conttables ain Juftice of Peace, without adding Necnon ad di-
by Warrant of a Justice of Peace, are to fearch verfas felonias & Trefgreffiones, audiend. affign", &c.
Houfes of fufpected Perfons for Game; and if any and it was ruled that this was a good Exception up-
Game be found upon them, and they do not give a on a Certiorari to remove an Indictment taken at the
good Account how they came by the fame, they Seffions; but not upon a Conviction of this Nature,
fhall forfeit for every Hare, Phealant, or Patridge, becaufe the Court can take Notice that the Statutes
not under 5 s. nor exceeding 20s. And inferior give the Juftices Authority in thefe Cafes. 1 Vent.
Tradefinen, hunting, &c. are fubject to the Penal-33. Sid. 419. A Perfon was convicted before a Ju-
ries of the Act, and may be likewife fued for Trefftice of Peace upon the Statute, for keeping a Gun,
pafs: If Officers of the Army or Soldiers kill Game, not having 100 1. per Annum; and the Conviction
without Leave, they forfeit 51. an Officer, and 10 s. being removed into B. R. was quafhed, for not fay-
a Soldier. 4 & 5 W. 5. M. cap. 23 Higlers, Chap-ing when the Defendant had not 1001, a Year; for
men, Carriers, Innkeepers, Vi&tualers, &c. ha- it might be he had fuch Eftate at the Time when
ving in their Cuftody, Hare, Pheafant, Partridge, he kept the Gun, though not at the Conviction,
Heath Game, &c. (except fent by fonie Perfon qua and the Offence and Time ought to be certainly
lified to kill Game) fhall forfeit for every Hare and alledged. 3 Mod. 28o. The Defendant not having
1.
Fowl 51. to be levied by Diftrefs and Sale of their 100 l. per Annum, did fhoot in a Gun in February
Goods, being proved by one Witness, before a Ju- and was brought before a Juftice of Peace in March
ftice; and for Want of Diftrefs, fhall be committed following, and then by him convicted; and it was
to the House of Correction for three Months: One held, that as by the Statute no Time was limited
Moiety of the Forfeiture to the Informer, and the when the Offender fhould be carried before a Ju-
other to the Poor. And felling Game, or offering ftice to be examined, it therefore ought to be In-
the fame to Sale, incurs the like Penalty; wherein ftanter; which not being done, the Conviction was
Hare, and other Game found in a Shop, &c. is ad quafhed. 4 Mod. 147. A Man was indicted for
judg'd an Expofing to Sale: Killing Hares in the fhooting of Game; but it was omitted fhewing that
Night is liable to the fame Penalties: And if any he was not worth 100 l. a Year; and it was ordered
Perfons fhall drive wild Fowl with Nets, between the by the Court, that the Party fhould fhew he was
first Day of July and the fift of September, they fhall worth fo much to difcharge him. 2 Keb. 582. If a
forfeit
§ s. for
every Fowl. 5 Ann. c. 14. 9 Ann c. 25. Perfon hunt upon the Ground of another, fuch o-
And Penalties for killing and deftroying Game, are ther Perfon cannot juftify Killing of his Dogs, as
recoverable not only before Juftices of Peace by appears by 2 Roll Abr. 567. But it was otherwife
the feveral Statures; but alfo by Action of Debr, adjudged Mich. 33 Car. 2. in C. B. 2 Cro. 44. and
Bill, Plaint or Information, in any of his Majefty's fee 3 Lev. 28. Any Man may hawk and hunt at his
Courts at Westminster; and the Plaintiff if he re- Pleature in his own Lands: "And the Common Law
covers fhall likewife have double Colts. 8 G. 1. c. 19. allows the Hunting of Foxes, and other ravenous
Perfons qualified to keep Guns, Dogs, c. to kill Beafts of Prey, in the Ground of another Perfon;
Game, are fuch as have a free Warren, or are tho' a Man may not dig and break the Ground to
Lords of Manors, or have 100 per Annum Inheri- unearth them, without Licence, which is unlawful;
tance or for Life, or Leafe for ninety-nine Years of and the Owner of the Ground may maintain an
1501. per Ann. (and by the Exception of the A&t, Action of Trefpafs for it. 2 Rel. 538. Cro. Fac. 321.
the eldest Sons and Heirs of Efquires, or other An Action was brought againſt a Perfon for enter-
Ferfons of higher Degree). And if any Perfon fhall ing another Man's Warren; the Defendant pleaded
keep a Gun not fo qualified, he fhall forfeit 10 that there was a Pheafant on his Land, and his
And Perfons being qualified may take Guns from Hawk purfued it into the Plaintiff's Ground; it was
thole that are not, and break them. 22 & 23 Car. 2. refolved that this doth not amount to a fufficient.
c. 25. 33 Hen. 8. c. 6. One Juftice of Peace, upon Juftification, for in this Cafe he can only follow
Examination and Proof of the Offence, may com- his Hawk and not take the Game. Poph. 162. though
mit the Offender till he hath paid the Forfeiture of it is faid to be otherwife where the Soil of the
10%. And Perfons not qualified by Law, keeping Plaintiff is not a Warren. 2 Roll. Abr. 567. - If a
Dogs, Nets, or other Engines to kill Game, being Man in Hunting ftarts a Hare upon his own Ground,
convicted thereof before a Juftice of Peace, fhall and follows and kills it on the Ground of another,
forfeit 5 1. or be ſent to the Houſe of Correction for yet ftill the Hare is his own, becauſe of the freſh
three Months; and the Dogs, Game, &c. fhall be Suit; but if a Man ftarts a Hare upon another
taken from them, by the Stat. 5 Ann. No Certiorari Perfon's Ground, and hunts and kills it there, he is
fhall be allowed to remove any Conviction or other fubject to an A&tion, tho' it is feldom brought, be-
Proceeding on the Stat. 5 Ann. . into any Courting frivolous. Cro. Car. 553. In A&tion of Debt, Qui
at Westminster, unless the Party convicted become tam, &c. by a common Informer on the Stat. 5 Ann.
bound to the Party profecuting with fufficient Sure-
ties, in the Sum of 50l. to pay the Profecutor his
Cofts and Charges, c. after the Conviction con-
firmed, or a Procedendo granted. Ibid. In Convictions
for keeping of Guns, the Peace is not concerned,
but only the Qualification of the Perfons thar ufe
them; fo that it hath been adjudged the Juftices of
Peace have no general Power to punish the Offen-
ders, for Want of Jurifdiction. 4 Mod. 49. But
for 15 1. wherein the Plaintiff declared on two fe-
veral Counts, one for fol. for killing two Par-
tridges, the other for 51, for keeping an Engine
to deftroy the Game, not being qualified, c. The
Plaintiff had a Verdi&t for 5 1. only: This Action
Mod.
was brought by Virtue of the Stat. 8 Geo. 1.
Caf. in Law and Eq. 238.
Form
}
2
GA
GA
1
of an Efquire, may by Writing under Hand and
Form of a fuftice of Peace's Warrant, and Conviction, Seal, authorize one or more Game-keepers; who
&c. for killing of Game.
•
To the Constable and Chureshwardens of, &c.
Wilts, ff.
Hercas it hath been duly proved before
W me, by the Oath of, &c. That A. B.
may feize Guns, Dogs, Nets, and other Engines,
made Uſe of to kill the Game by fuch Perfons as
are prohibited, for the Uſe of the Lord of the
Manor, or otherwife deftroy them. 22 23 Car. 2.
c. 25. Any Lord or Lady of a Manor or Lord-
fhip, may impower his or her Game-keeper within
of your Parish, bath for fome Time paft kept and made their refpective Royalties, to kill Hare, Pheafant,
Ufe of two Greybounds, &c. for killing and deftroying of Partridges, c. But if the faid Game-keeper under
Game, and on the Day, &c. laft paft, with the faid Colour of the faid Power, fhall kill and after-
Dogs, killed one Hare in the Ground called, &c. in the wards fell or diſpoſe thereof to any Perfon whatfo-
Parish of, &c. aforesaid, without having any visible E-ever, without the Confent of the Lord or Lady of
ftate, or being otherwife legally qualified to do the fame, fuch Manor, upon Conviction thereof, he ſhall be
contrary to an Act of Parliament in that Cafe made: committed to the House of Correction for three
Theſe are therefore in his Majesty's Name, to command Months, there to be kept to hard Labour. 5 Ann.
you forthwith to levy the Sum of 51. (which he hath for cap. 14. By the Stat. 9 Ann. no Lord or Lady of a
feited by the Offence aforefaid) on the Goods of the faid Manor fhall make, conftitute or appoint, above one
A. B. by Diftrefs and Sale thereof; and that you do pay Perfon to be Game-keeper within any one Manor,
one Moiety of the faid Forfeiture to C. D. of, &c. who with Power to kill Game; the Name of which
informed of the faid Offence, and that you do diftribute Game keeper fo appointed, is to be entered with the
the other Moiety thereof amongst the Poor of your Parish, Clerk of the Peace of the County wherein the Ma-
or keep the fame for their Ufe, according to the Direction nor lies: And if any other Game-keeper fhall pre-
of the Act of Parliament: And for Want of fuch Di- fume to kill any Hare, Pheasant, Partridge, &c.
stress, that you do convey the faid A. B. to the Houfe of Or if any Game-keeper fhall fell any Hare, Pheasant,
Correction, there to remain for the Space of three Months.. he fhall for every Offence incur fuch For-
Given, c.
feitures, as are inflicted by the A&t 5 Ann. And by
3 Geo. I. c. 11. no Lord of a Manor is to make or
appoint any Perfon to be a Game-keeper, with Power
Form of a Declaration at Law against a Perfon killing to take and kill Hare, Pheafant, Partridge, or other
Game, upon the Stat. S Geo. I.
B. who fues as well in this Behalf
for
Game, unless fuch Perfon be qualified by Law ſo
to do, or be truly and properly a Servant to the
faid Lord, or immediately employed to take and
South'ton, ff. A. whe Poor of the Parish of, &c. kill the Game for the fole Ufe or Benefit of the
in the County aforefaid, as for himself, Complains of C. D.
in Custody of the Marshal of the Marfhalfea of our Sove
reign Lord the King, before the King himſelf being; Of a
Plea that he render to the faid Poor, and to the fame A.
who fues as well for the faid Poor, as for himself, Five
Pounds of lawful Money of Great Britain, which to the
faid Poor, and to the faid A. he owes, and unjustly de-
tains: For that, to wit, That whereas the aforefaid C.
not having Lands, Tenements, or any other Eftate of In-
heritance, in his own Right, or in the Right of his Wife,
of the clear yearly Value of One hundred Pounds; or for
the Term of his own Life; nor having a Leafe or Leafes
of Ninety and nine Years, or for any longer Term, of the
yearly Value of one hundred and fifty Pounds; nor being
the Son and Heir apparent of ary Efquire, or other Per-
fon of higher Degree; nor being the Owner of any Forest,
Park or Warren, ftocked with Deer or Conies for his ne-
ceffary Ufe; bath on the Day of, &c. in the Sixth Year
of the Reign of our Sovereign Lord George the Second,
now King of Great Britain, at the Parish of, &c. a-
forefaid in the County aforesaid, unlawfully and unjustly
had and kept Greyhounds, and other Dogs called Lurchers,
and unlawful Engines for the Taking, Courfing and De-
froying of Hares and Conies; and on the fame Day and
Year, at the faid Parish of, &c. in the County aforesaid,
with the faid Dogs, unlawfully and unjustly took, run
down, killed and destroyed (contrary to the Form of the
Statute in fuch Cafe lately made and provided) Several
Hares, that is to say, Five Hares; whereby an Action
bath accrued to the above named Poor, and to the faid A.
who fues as well for the faid Poor, as for himself, to have
and demand of the aforesaid C. the aforefaid Five Pounds:
Nevertheless the faid C. altho' often thereto required, bath
not paid the faid Five Pounds to the aforefaid Poor, and
to the faid A. who fues as well for the faid Poor, as for
himfelf; but hath hitherto entirely denied, and ftill doth
deny to pay that to them, to the Damage, &c. And there
upon, as well for the Poor aforesaid, as for himself, he
brings this Suit.
·
faid Lord: And any Perfon not qualified, or not
employed as aforefaid, who under Pretence of any
Qualification from any Lord of a Manor, fhall
take or kill any Hare, &c. or keep or ufe any
Dogs to kill and destroy the Game, fhall for every
fuch Offence incurfuch Forfeitures, Pains, and
Penalties, as are inflicted by the A&ts 5 & 9 Ann.
By this laft Statute, no Game-keeper can qualify any
Perfon to kill Game, or to keep Guns, Dogs, &c.
Where Game-keepers ought to have a Jultice of Peace's
Warrant, to take away Guns from unqualified Per-
fons, fee Comberb. 305.
Appointment of a Game-keeper by a Lord of a
T
Manor.
O all People to whom thefe Prefents fhall come,
I T. Lord A. Lord of the Manor of B. in the
County of, &c. have (by Virtue of feveral Acts of Parlia-
ment lately made for the Prefervation of the Game) ne-
minated, authorised and appointed, and by thefe Prefents
do nominate, authorize and appoint E. D. of, &c. to be
my Game-keeper of and within my Manor, &c. in the
County of, &c. aforefaid, with full Power and Authority,
according to the Direction of the Statutes in that Cafe
made, to kill Game for my Ufe; and to take and feife
all fuck Guns, Greyhounds, Setting dogs, and other Dogs,
Ferrets, Trammels, Hays, or other Nets, Snares or En-
gines, for the Taking, Killing or Deftroying of Hares.
Pheasants, Partridges, or other Game, as within the fail
Manor of, &c. and the Precincts thereof, shall be kept or
ufed by any Perfon or Perfons not legally qualified to do the
fame: And further to act and do all and every Thing
and Things which belong to the Office of a Game-keeper,
pursuant to the Direction of the faid Acts of Parlia-
ment, during my Will and Pleasure; for which this fhall
be his fufficient Warrant. Given under my Hand and
Seal, &c.
Gaming, or Games unlawful, (Ludos vanos) The
Game-Keepers, Are thoſe who have the Care of Playing at Tables, Dice, Cards, &c. King Ed. 3.
keeping and preferving of the Game, being ap- in the 39th Year of his Reign, enjoined the Exer-
pointed thereto by Lords of Manors, &c. Lords of cife of Shooting and of Artillery, and forbad the
Manors, or other Royalties, not under the Degree] Cafting of the Bar, the Hand and Foot Balls, Cock-
fighting,
?
GA
GA
:
;
33
4
I
fighting, & alios Ludos vanos; but no Effect did fol- f ney won at Play, and that at the fame Time he al-
low from it, till they were fome of them forbidden fo loft 66 1. to another; but on Demurrer the Plain-
by Act of Parliament. 11 Rep. 87. Anno 28 H. 8 tiff had Judgment; for it was held that lofing 1061.
Proclamation was made against all unlawful Games, to feveral Perfons at one Time, is not within the
and Commiffions awarded into all the Counties of Statute 16 Car. 2. unless they are Partners in the
England, for the Execution thereof; fo that in all Stakes; for then as to the Chance of the Game,
Places, Tables, Dice, Cards and Bowls, were taken they are as one Perfon. Mich. 13 W. 3. 1 Salk. 345.
and burnt. Stow's Annals 527. And by the Statute Where Security is given for Money won at Gaming
H. 8. c. 9. Juftices of Peace, and head Officers in to a third Perfon, not being privy to it, or not
Corporations, are impowered to enter Houfes fuf knowing it was won at Play, it is not within the
pected of unlawful Games; and to arrest and im Statute; as where the Winner being indebted to
prifon the Gamefters, till they give Security not another brought the Lofer to his Creditor, who en-
to play for the future: Alfo the Perfons keeping tered into Bond to him, &c. 2 Mod. 297. If a Per-
unlawful Gaming Houses, may be committed by a fon lofe Money at Play, and the Lofer give the
Juftice, until they find Suretics not to keep fuch Winner a Bill for it drawn upon a third Perfon, who
Houfes; who fhall forfeit 40 s. and the Gamefters accepts the Bill; tho' the Acceptance of the Bill
65. 8d. a Time: And if the King licence the Keep is in Nature of a new Contract, yet all is founded
ing of Gaming-houſes, it is against Law, and void. on the illegal Winning, and it is for the Security
No Artificer, Apprentice, Labourer or Servant, of the Payment of the Money loft; and therefore
fhall play at Tables, Tennis, Dice, Cards, Bowls, 'tis within the Statute: But if the Bill be affigned
&c. out of Christmas Time, on Pain of 20s. for for a valuable Confideration to a Stranger, fuch Af-
every Offence; and at Christmas, they are to play fignce not being privy to the firft Wrong, as was
in their Mafter's House, or Prefence: But any No the Winner, it fhall not be within the Statute.
bleman, or Gentleman, having 100l. per Annum E-Salk. 344. By the Statute of 9 Ann. cap. 14. all
ftate, may licence his Servants or Family to play Notes, Bills, Bonds, Judgments, Mortgages, or
within the Precincts of his Houfe, or Garden, at other Securities, given for Money won by playing
Cards, Dice, Tables, or other Games, as well among at Cards, Dice, Tables, Tennis, Bowls, or other
themſelves, as others repairing thither. Stat. Ibid. Games; or by Betting on the Sides of fuch as play
This Act is to be proclaimed once a Quarter, in at any of thofe Games, or for Repayment of any
every Market-Town, by the refpective Mayors, &c. Money knowingly lent for fuch Gaming or Betting,
and at every Affifes and Seffions. A Perfon was fhall be void: And where Lands are granted by fuch
-convicted of keeping a Cockpit; and the Court Mortgages or Securities, they fhall go to the next
refolved it to be an unlawful Game, within the Perfon, who ought to have the fame as if the Gran-
Stat. 33 H. 8. and fined him 40s. a Day. Keb. 510. tor were actually dead, and the Grants had been
But to play at Dice, &c. is not unlawful in itself, made to the Perfon fo entitled after the Death of
though prohibited by Statutes to certain Perfons, the Perfon fo incumbering the fame. If any Per-
and to be used in certain Places. 2 Ventr. 175.
If fon playing at Cards, Dice, or other Game, or Bet-
any Perfon of what Degree focver, fhall by Fraud, ting, fhall lofe the Value of 10l. at one Time, to
Deceit, or unlawful Device, in playing at Cards, one or more Perfons, and fhall pay the Money, he
Dice, Tables, Bowls, Cock-fighting, Horfe-races, may recover the Money loft by Action of Debr,
Foot-races, or other Games or Paftimes, or bearing within three Months afterwards; and if, the Lofer
a Share in the Stakes, Betting, &c. win any Modo not fue, any other Perfon may do it and recover
ney, or valuable Thing, he fhall forfeit treble the the fame, and treble the Value with Cofts, one
Value, one Moiety to the Crown, and the other Moiety to the Profecutor, and the other to the
to the Party grieved, Profecution being in fix Poor: And the Perfon profecuted fhall anfwer up-
Months; in Default whereof, the laft mentioned on Oath, on preferring a Bill to difcover what Sums
Moiety is to go to fuch other Perfon as will profe-he hath won. Perfons by Fraud or ill Practice, in
cure within one Year, &c. 16 Car. 2. cap. 7. And playing at Cards, Dice, or by bearing a Share in
by this Statute, if any Perfon fhall play at any of the Stakes, &c. or by Betting, winning any Sum
the faid Games, upon Tick, and not for ready above 107. fhall forfeit five Times the Value of the
Money, and lofe above 100l. upon Tick or Cre-Thing won, and fuffer fuch Infamy and corporal
dit, at any one Meeting, if the Money be not paid Punishment, as in Cafes of wilful Perjury, being
down, his Security taken for it ſhall be void; and convicted thereof on Indictment or Information;
the Winner fhall forfeit treble the Value of the and the Penalty fhall be recovered by. Action, by
Money won; one Moiety to the Crown, and the fuch Perfon as will fue for the fame. And if any
other Moiety for him that will fue for the fame, by one fhall affault and beat, or challenge to fight
Action of Debt, Bill, Plaint or Information, &c. any other Perfon, on Account of Money won by
A Watch may be loft at Gaming, which is converti- Gaming, upon Conviction thereof, he ſhall forfeit
ble to, or may be taken for ready Money; and it all his Goods, and fuffer Imprifonment for two
is not within the Statute: A Perfon loft his Watch Years. Stat. 9 Ann. Alfo by this Statute, any two or
which was delivered, and after that the fame Party more Juftices of Peace, may caufe fuch Perfons to
loft 100 l. upon Tick, for which a Bond was given; be brought before them as they fufpe&t to have no
and this was held good; for the Statute doth not vifible Eftates, &c. to maintain them; and if they
reftrain playing for ready Money, as the Watch is do not make it appear that the principal Part of
intended to be, but fuch playing only as puts People their Expences is got by other Means than Gaming,
in Debt: But it was here infifted, that if above 1007. the Juftices fhall require Securities for their good
were loft at Play, and Part paid prefently, and Bond Behaviour for a Twelvemonth; and in Default of
given for the Refidue, fuch Bond would be void by fuch Security, commit them to Prifon until they
the Statute. I Lev. 244.
1 Lill. Abr. 645. It has find it: And Playing or Betting during the Time,
been adjudged, that if A. B. lofe 100l. to one, and to the Value of 20s. fhall be deemed a Breach of
afterwards fool to another, upon Tick or Credit, Behaviour, and a Forfeiture of their Recognizan-
it is not within the Meaning of the Statute, becaufe ces. Ibid. By a late A&t, where it fhall be proved
it is a feveral Contract; but it would be otherwife before any Juftice of Peace, that any Perfon hath
on a joint Contract: And if a Perfon loft 2001. in ufed unlawful Games contrary to the Stat. 33 H. 8.
ready Money; and 100l. more, for which he gave the Juftice may commit fuch Offender to Prifon, till
his Note, the Note would be good, but all beyond he enter into a Recognizance that he shall not from
ip be void.
1 Salk. 345. A Perfon brought an Ac- thenceforth at any Time to come play at any un-
tion for 401. the Defendant pleaded it was for Mo-lawful Game. Stač. 2 Geo. cap. 2. 28. For better pre-
venting
2
*
፡
A.
GA
GA
Justices of Peace in Seffions have Power to tax every
Parish in the County, not exceeding 8 d. per Week,
leviable by Conftables, and diftributed by Collec-
tors, &c. 14 Eliz. cap. 5. Offenders committed to
Prifon, are to bear the Charges of their Conveying
for that Purpofe; by Virtue of a Juftice of Peace's
Warrant; and if they, have no Goods, a Tax is to be
made by Conftables, c. on the Inhabitants of the
Parish where the Offenders were apprehended. 3
Fac. 1. c. 10. If a Gaol be out of Repair, infuffici-
ent, &c. the Juftices of Peace in the Quarter-Sef-
fions may agree with Workmen for Rebuilding or
Repairing it; and by Warrant under their Hands
and Seals, order the Sum agreed upon to be levied
upon the feveral Hundreds and Divifions in the
County, by a proportionate Rate. li & iż W. 3.
cap. 19.
venting exceffive and deceitful Gaming; the Ace of
Hears, Pharaoh, Baffet, and Hazard, are declared
to be Lotteries by Cards or Dice; and Perfons fet
ting up theſe Games are liable to the Penalty of
2001. And every Perfon who fhall be an Adven-
turer, or Play or Stake therein forfeits 507. Like-to Gaol; or on Refufal, their Goods fhall be fold
wife the Sale of any Houfe, Plate, &c. in the Way
of Lottery by Cards, &c. is adjudged void, and the
Things to be forfeited to any Perfons that will fue
for the fame. 12 Geo. 2. c. 28. The Game of Paf
fage, and all other Games with one or more Dice,
or any Thing in that Nature, having Figures or
Numbers thereon, (Bagammon and Games now
Play'd with thofe Tables only excepted) fhall be
decmed Games or Lotterics by Dice, within the 12
Geo. 2. And fuch as keep any Office or Table for
the faid Game, &c. or Play thereat, are fubject to
the Penalties in that A&t. 13 Geo. 2. cap. 19. It was
formerly held that Indebitatus Affumpfit would lie for Gaoler, Is the Mafter of a Prifon; one that hath
Money won at Gaming; tho' fome Judges were of the Cuftody of the Place where Prifoners are kept.
Opinion it would not, but fpecial Action upon the Sheriffs muft make fuch Gaolers for which they will
Cafe. 2 Lev. 118. 2 Vent. 175. But it hath been anfwer: But if there is a Default in the Gaoler, Ac-
fince adjudged, that it will not lie, for there muft tion lies against him for an Escape, &c. 2 Inft. 592.
be Work done, or fome meritorious A&t for which In common Cafes, the Sheriff or Gaoler are charge-
Debt lies, to maintain it: And although a Caft of able at the Diſcretion of the Party; though the
the Dice, alters the Property of the Money, if it Sheriff is moft ufually charged. Wood's Inft. 76. He
is ſtaked down, it being then a Gift on a Condition who hath the Cuftody of the Gaol wrongfully or of
precedent, and an Indebitatus Aſſumpfit lies against Right, fhall be charged with the Escape of Prifo-
him who holds the Wager, becauſe it is a Promifeners; and if he that hath the actual Poffeffion be
in Law to deliver it if won; yet in other Cafes, not fufficient, Refpondeat Superior. Ibid. A Gaoler kills
there is no Confideration. 5 Mod. 13. Mod. Caf. 128. an unruly Prifoner, it is no Felony; but if it be
Common Gaming-boufes are a common Nufance in
the Eye of the Law; not only becaufe they are
great Temptations to Idlenefs, but as they draw to-
gether great Numbers of diforderly Perfons to the
Disturbance of the Neighbourhood. 1 Hawk. P. C.
198. Noy had a Writ on the Statute 33 H. 8. to
remove Bowling-Alleys, &c. which were pulled
down, as common Nufances. 3 Keb. 465..
-
An Indictment for keeping a Gaming-boufe.
South'ton, ff. HE Jurors, &c. prefent, That
A. B. late of W. in the faid County
TH
by hard Ufage, it is Felony and Murder. 3 Inst. 52.
And if a Gaoler barbaroufly mifufe Prifoners, he
may be fined and difcharged. Raym. 216. If any
Perfon affault a Gaoler, for keeping a Prifoner in
fafe Cuftody, he may be fined and imprifoned. 1
Hawk. 58, 59. Where a Gaol is broken by Thieves,
the Gaoler is anfwerable; not if it be broken by
Enemies. 3 Inft. 52. No Fees fhall be taken by
Gaolers of Prifoners, but fuch as are allow'd by Law,
and the Judges, &c. are to fettle the fame; alfo
the Judges may determine Petitions against Extor-
tions of Gaolers, Bailiffs. Stat. 2 Geo. 2. c. 22.
Prifoners, and Escape.
Sce
Gaol delivery. The Adminiftration of Justice be-
Innholder, on the Day, &c. in the Year of the Reign, &c.ing originally in the Crown, in former Times our
and on divers other Days and Times, before the Day of Kings in Perfon rode thro' the Realm once in feven
this Inquifition, at W. aforesaid in the faid County, did Years, to judge of and determine Crimes and Offences:
maintain and keep a common Room, &c. for Gaming, Afterwards Fuftices in Eyre were appointed; and
and did then and there fuffer divers fufpected Perfons un-fince Juftices of Affife and Gaol-delivery, &c. A Com-
lawfully to play with Cards and Dice, as well in the Day, miffion of a Gaol delivery is a Patent in Nature of a
as in the Night-time, after lawful Hours, to the Griev-Letter from the King to certain Perfons, appointing
ance of the Inhabitants there, and to the bad Example of them his Juftices, or two or three of them, and
other Subjects of our faid Lord the King, and contrary to authorizing them to deliver his Gaol, at fuch a
the Statute, &c. and alfo against the Peace, &c.
C.
Place, of the Priſoners in it; for which Purpoſe, it
commands them to meet at fuch Place, at the
Gang-days, (Dies Luftrationis) And Gang-weeks are Time they themtelves fhall appoint; and informs
mentioned in the Laws of King Athelftan. See Ro-them, that for the fame Purpofe the King hath
gation Week.
commanded his Sheriff of the fame County to
bring all the Prifoners of the Gaol, and their At-
tachments before them, at the Day appointed.
Cromp. Furifd. 125. 4 Inft. 168. Juftices of Gaol-de-
livery are empowered by the Common Law to pro-
ceed upon Indi&ments of Felony, Treſpafs, &c. and
to order Execution or Reprieve: And they have
Power to diſcharge fuch Prifoners, as upon their
Trials fhall be acquitted; alfo all fuch againſt
whom, upon Proclamation made, no Evidence ap-
pears to indict them; which Juftices of Oyer and Ter-
miner, &c. may not do. 2 Hawk. 24, 25. But thefe
Juices have nothing to do with any Perfon not in
Cuftody of the Prifon, except in fome fpecial Ca-
fes; as if fome of the Accomplices to a Felony to
in fuch Prifon, and fome of them out of it, the
Juftices may receive an Appeal against thofe who
are out of the Prifon, as well as thofe who are in
it; which Appeal after the Trial of fuch Priſoners,
fhall be removed into B. R. and Process iffue from
4 X
Gaol, (Gaola, Fr. Geole, i. c. Gaveola, a Cage for
Birds) Is uſed metaphorically for a Prifon. It is a
trong Place or Houfe for keeping of Debtors, &c.
and wherein a Man is reftrained of his Liberty to
anſwer an Offence done against the Laws: And cve-
ry County hath two Grols, one for Debtors, which
may be any Houfe where the Sheriff pleaſes; the
other for the Peace and Matters of the Crown,
which is the County Gaol. Mod. Fuft. 230. Juftices
of Peace may not commit Felons, and other Crimi-
nals to the Counters in London, or other Prifons but
the common Gaols; for they can legally impriſon no
where but in the common Gaol Co. Lit. 9, 119. But
the House of Correction, and the Counters of the
Sheriffs of London, are the common Prifons for Of
fenders for the Breach of the Peace, &c. Sheriffs of
Counties are to have the Keeping of the common
Grols; except fuch as are held by Inheritance. 19
Hen. 7. 10. And for the Relief of Priſoners in Gaols,
thence
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thence against the Reft; but if thofe out of Prifon
be omitted in the Appeal, they can never be put in
to any other, because there can be but one Appeal
for one Felony.
Fitz. Coron. 77. S. P. C. 64. Such
Juftices have no more to do with one ler to Main-
prife, than if he were at large; for fuch Perfon
cannot be faid to be a Prifoner, fince it is not in
the Power of his Sureties to detain him in their
Cuftody: And where any Perfon is bailed, that he
is in the Cuftody of his Sureties, they may detain
him where they pleafe: 2 H. P. C. 25. Tho' per
Hale C. J. If a Perfon be let to Bail, yet he is in
Law in Prifon, and his Bail are his Keepers; and
therefore the Juftices of Gaol-delivery may take an
Indictment against him, as well as if he was actu-
ally in Gaol. And they may take Indictments not
only of Felony, but alſo of High Treafon, if the
Offenders are in Prifon, and try and give Judgment
upon them, like unto Commiffioners of Oyer and Ter-
miner; tho it has been formerly held otherwife.
2 Hale's Hift. P. C. 35. Juftices of Gaol-delivery may
punish thoſe who unduly bail Prifoners; as being
guilty of a negligent Efcape. S. P. C. 77. 25 Ed. 3.
39. They are alfo to punish Sheriffs and Gaolers,
refufing to take Felons into their Cuftody from Cón-
ftables, &c. 4 Ed. 3. 10. and have Authority to pu-
niſh many particular Offences by Statute.
Garb, (Garba, from the Fr. Garbe, alias Gerbe, i. e.
fafcis) Signifies a Bundle or Sheaf of Corn. Chart.
Foreft, cap. 7. And in fome Places it is taken for
an Handful, tiz, Garba aceris fit ex triginta peciis.
Fleta, lib. 2. c. 12. Garba Sagittarum is a Sheaf of
Arrows containing twenty-four. Skene.
Garble, Is to fever the Drofs and Duft from
Spice, Drugs, &c. Garbling is the Purifying and
Cleanfing the Good from the Bad; and may come
from the Italian Garbo, i. e. Finery or Neatnefs;
and thence probably we fay, when we fee a Man
in a neat Habit, that he is in a handfome Garb.
Cowel.
Garbler of Spices, An Officer of Antiquity in
the City of London, who may enter into any Shop,
Warehouſe, &c. to view and fearch Drugs and Spi-
ces, and garble, and make clean the fame, or fee
that it be done. 21 Jac. I. c. 19. And all Drugs, &c.
are to be cleanfed and garbled before fold, on Pain
of Forfeiture, or the Value. Stat. Ibid. But fee Sta
tute 6 Ann. c. 16.
Garcio, (Fr. Garçon) A Groom or Servant. Pla.
Cor. 21. Ed. 1. Garcio ftola, Groom of the Stole to
the King: And in the Irish Language, (according to
Toland) Garfon is an Appellative for any menial Ser-
vant. Kennet's Gloff.
Garciones, Are thofe Servants which follow the
Camp.
Habeat Garcionem fuo fervitio femper
attendentem. Ingulph. 886. And the Word Garciones
hath been applied to the Baggage of an Army; fo
called à Garcionibus five militum famulis. Walfing.
242.
Gard, Gardian, &c. See Guard, and Guardian.
Gardebache, (Fr. Gardebrace) An Armour or Vam-
brace for the Arm. Chart. K. Hen. 5.
Garderobe, (Garderoba) A Clofet or fmall Apart-
ment, for hanging up Clothes, being the fame with
Wardrobe. See 2 Inft. 255.
Gardía, Is a Word ufed by the Feudifts for Cufto
dia. Lib. Feud. 1.
Gare, A Coarfe Wool, full of ftaring Hairs, fuch
as grow about the Shanks of Sheep. 31 Ed. 3. c. 8.
Garlanda, A Chaplet, Coroner, or Garland.
Matt. Parif.
Garnettura, Victuals, Arms, and other Imple-
ments of War, neceffary for the Defence of a
Town or Caftle. Mat. Parif. Anno 1259.
Garnish To garnish the Heir, fignifies in Law to
warn the Heir. Stat. 27 Eliz. c. 3.
Garnishment, (Fr. Garnement, from Garnir, i.c.
inftruere) In a legal Senfe intends a Warning given
<-
( to one for his Appearance, for the better furniſhing
of the Caufe and Court. For Example; one is fued
for the Detinue of certain Writings delivered; and
the Defendant alledging that they were delivered
to him by the Plaintiff, and another Perfon upon
Condition, prays that the other Perfon may be
warned to plead with the Plaintiff, whether the
Conditions be perform'd or not; in this Petition he
is faid to pray Garnishment; which may be inter-
prered either a Warning of that other, or a Fur
nifhing the Court with all Parties to the Action,
whereby it may thoroughly determine the Caufe; and
until he appears and joins, the Defendant is as it
were out of the Court. Cromp. Furifd. 211. F. N. B.
106. A Writ of Scire facias is to go forth against
the other Perfon to appear and plead with the
Plaintiff; and when he comes and thus pleads, it is
called Enterpleader: If the Garnishee be returned Scire
feci, and make Default, Judgment will be had to re-
cover the Writings, and for their Delivery againſt
the Defendant; and if the Garnishee appears and
pleads, if the Plaintiff recovers, he hall have
Damages. Raft. 213. 1 Brown. 147. Garnishment is
generally ufed for a Warning; as Garnifher le Court
is to warn the Court; and Reasonable Garnishment is
where a Perfon hath reaſonable Warning, Kitch. 6.
In the Stat. 27 Eliz. c. 3. we read, upon a Garniſh-
ment, or two Nihils returned, &c. And further,
fome Contra&ts are naked, fans Garnement, and fome
furnifhed, &c.
Garnithee, Is a third Perfon or Party in whoſe
Hands Money is attached within the Liberties of the
City of London, by Procefs out of the Sheriff's
Court; fo called, becauſe he hath had Garnishment
or Warning, not to pay the Money to the Defen-
dant, but to appear and answer to the Plaintiff Cre-
ditor's Suit. Vide Attachment.
Garniſture, A Furniſhing or Providing. Pat. 17
Ed. 3. Vide Garneftura.
Garfummune, Gerfuma, or Gerfoma, A Fine or A-
merciament. Domefday, Spelm. Gloff.
Garter, (Garterium, Fr. Fartier, i. e. Perifcelis,
Fafcia poplitaria) Signifies in divers Statutes and elfe-
where, a fpecial Garter, being the Enfign of a No-
ble Order of Knights, inftituted by King Ed. 3.
called Knights of the Garter: It is alfo taken for the
Principal King at Arms, among our English Heralds,
attending upon the Knights thereof; created by
King Hen. 5 and mentioned in the Statute 14 Car.
2. cap. 33.
Garth, A little Backfide or Clofe in the North of
England; being an ancient British Word, as Gardd
in that Language is Garden, and pronounced and
writ Garth; alfo a Dam or Wear, &c.
Garthman. As there are Filhgarths or Wears for
catching of Fish, fo there are Garthmen; for by
Statute it is ordained, that no Fisher nor Garthman
fnall ufe any Nets or Engines to deftroy the Fry
of Fifh, c. 17 R. 2. cap. 9. And this Word is fup-
pofed to be derived from the Scottiſh Gart, which
fignifieth enforced or compelled; and Fifh are
forced by the Wear to pass in a Loop where they
are taken.
Gastaldus, A Governor of a Country, whofe Of
fice was only temporary, and who had Jurifdi&tion
over the common People. Blount.
Gate, At the End of the Names of Places, fig
nifies a Way or Path, from the Sax. Geat, i. e. Porta.
The Cuftody of the Gates of the City of London, is
granted to the Lord Mayor, &c. by Chart. King
Hen. 4.
Gabel, (Sax. Gafel) Tribute, Toll, Cuftom or
yearly Revenue; of which we had in old Times
feveral Kinds. See Gabel.
Gabelet, (Gaveletum) Is an ancient and fpecial
Kind of Ceffavit uſed in Kent, where the Cuftom of
Gavelkind continues, whereby a Tenant, if he with-
holds his Rents and Services due to the Lord, fhall
forfeit
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forfeit his Land: It was intended where no Diftrefs tition of divers Kentish Gentlemen, in much of the
could be found on the Premiffes, fo that the Lord Land of that County, fo as to be defcendible to the
might feife the Land itſelf in the Nature of a Di- eldest Son, according to the Courſe of the Common
ftrefs, and keep it a Year and a Day; within which Law, by the Stat. 3 H. 8. cap. 3. Tho' the Cuftom
Time, if the Tenant came and paid his Rent, heto devife Gavelkind Land, and the other Qualities
was admitted to his Tenement to hold it as before; and Cuftoms remain. 1 Inft. 140. By the Statute
but if not, the Lord might enter and enjoy the 34 & 35 H. S. cap. 26. all Gavelkind Lands in Wales
fame. 10 H. 3. 10 Ed. 2. The Lord was to feck by were made defcendible to the Heir, according to
the Award of his Court, from three Weeks to the Common Law; whereby it appears, that the
three Weeks, to find fome Diftrefs upon the Land Tenure of Gavelkind was like wife in that Principa-
or Tenement, until the fourth Court; and if in that lity. By the Cuftomary Tenure called Gavelkind,
Time he could find none, at the fourth Court it which is an ancient Socage Tenure, the Lands are
was awarded that the Tenement fhould be feifed as dividable between the Heirs Male who fhall inherit
a Diſtreſs, and kept in the Lord's Hands a Year as Sifters do at the Common Law; and when one
and a Day without manuring; and if the Tenant Brother dies without Iffue, all the other Brothers are
did not in that Time redeem it, by paying the to inherit. 1 Inft. 140. But a Father having Gavelkind
Rent and making Amends to the Lord, the Lord Lands, had three Sons, one of whom died in the
having pronounced his Procefs by Witneffes at the Life-time of his Father, leaving Iffue a Daughter;
next County Court, was awarded by his Court to en- and it was held that the Daughter fhall inherit the
ter and manure the Tenement as his own: And if Part of her Father Fure Repræfentationis, and yet fhe
the Tenant would afterwards have it again, he was is not within the Words of the Cuftom of dividing
to make Agreement with the Lord. Fitz. Ceff. 60. the Land between the Heirs Male, for fhe is the
Terms de Ley 373. Gaveletum is as much as to fay Daughter of a Male, and Heir by Reprefentation.
to cease, or to let to pay the Rent; and Confuetudo
de Gavelet was not a Rent or Service, but a Rent or
Service with-held, denied or detained, caufing the
Forfeiture of the Tenement. Co. Lit.
Salk. 243. The Heir at the Age of fifteen Years,
it is faid, may give and fell his Lands in Gavelkind,
and fhall inherit. Co. Lit. 111. The Cuftom of
Gavelkind is not altered, though a Fine be levied of
the Lands at Common Law; becaufe 'tis a Cuftam
that runs with the Land. 6 Ed. 6. Land in Gavel-
kind was devifed to the Husband and Wife for Life,
Remainder to the next Heir Male of their Bodies,
་
Gavelet in London, (Breve de Gaveleto in London,
pro redditu ibidem quia Tenementa fuerunt indiftringibilia)
Is a Writ ufed in the Huftings of London; and the
Statute of Gavelet, 10 Ed. 2. gives this Writ to Lords
of Rents in the City of London, as well as in Kent:&c. They had three Sons, and it was adjudged
Here the Parties, Tenant and Demandant, appear
by Scire facias, to fhew Caufe why the one fhould
not have his Tenement again on Payment of his
Rent, or the other recover the Lands, on Default
thereof. Practif. Solic. 419.
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that the eldest Son fhould not have the Whole.
Dyer 133. A Donec in Tail, of Gavelkind Lands,
had Iffuc four Sons; and it was held, that all fhould
(inherit: But if a Leafe for Life is made of Gavel-
kind, Remainder to the right Heirs of A. B. who
Gabelgeld, Is applied to the Payment of Tribute hath Iffue four Sons, in this Cafe the eldest Son
or Toll. Mon. Ang. Tom. 3.
fhall inherit the Remainder, becauſe in Ca'c of
Gabelkind, Is faid by Lambard to be compound-Purchafe, there can be but one right Heir. 1 Rep.
ed of three Saxon Words, Gyfe, Eal, Kyn, omnibus 103. If Gavelkind Lands come to the Crown, and
cognatione proximis data. Verftegan calls it Gavelkind, are regranted to hold in Capite, &. the Land ſhall
quafi Give all kind, that is to each Child his Part: defcend to all the Heirs Males as Gavelkind. 4 Ep. 5
And Taylor in his Hiftory of Gavelkind, derives it Mar. 2. Nelf. Abr. 895. A Wife fhall be endowed of
from the British Gavel, i. e. a Hold or Tenure, and Gavelkind Land, of a Moiety of the Land whereof
Cenned, Generatio aut familia; and fo Gavel cenedh her Husband died feifed, during her Widowhood. I
might fignify Tenura Generationis. But whatever is Inft. 111. And it has been adjudged, that the Widow
the Etymology, it fignifies a Tenure or Cuftom, cannot have Election to demand her Thirds or
annexed and belonging to Lands in Kent, whereby Dower at Common Law, fo as to avoid the Cuftom,
the Lands of the Father are equally divided at his and marry a fecond Husband, by which the hall
Death among all his Sons; or the Land of the lofe her Dower. Moor 260. But fee 1 Leon. 62. The
Brother among all the Brethren, if he have no Husband fhall be Tenant by the Curteſy of Half
Iffuc of his own. Lit. 210. In the Time of our Saxon the Gavelkind Lands of the Wife, during the Time
Ancestors, the Inheritance of Lands did not de- he continues unmarried, without having any Iffue
fcend to the eldeſt Son as now, but to all alike; by his Wife; but if he marry, he fhall forfeit his
from whence came the Cuftom of Gavelkind: And Tenancy by the Curtefy. 1 Inft. 111. If the Huf
the Reason why this Cuftom was retained in Kent, band had Iffue by his Wife, and fhe die, he fhall
is becauſe the Kentifhmen were not conquered by the be Tenant by the Curtefy of the whole Land; and
Normans in the Time of Will. 1. For Stigand, then though he do marry, he fhall not forfeit his Tenan,
Archbishop of Canterbury, who commanded the Forces cy. Mich. 21 Car. B. R. 1 Lill. Abr. 649. Altho'
in that Country, ordered every Man to march a Father be attainted of Treafon or Felony, and
with Boughs in their Hands, and meeting William hanged, the Heir of Gavelkind Land fall inherit;
they acquainted him with their Refolution of tand- for the Cultom is, the Father to the Bough, and the
ing or falling in Defence of the Laws of their Son to the Plough. Dot. & Student, c. 10. A Rent
Country, and he imagining himſelf to be encom-in Fee granted out of Gavelkind Lands, fhall defcend
paffed in a Wood, granted that they and their Po-in Gavelkind to all the Heirs Male, as the Lands
terity should enjoy their Rights, Liberties and would have done; it being of the fame Nature with
Laws; fome of which, particularly this of Gavel-the Land itfelf. 2 Lev. 138. 1 Mod. 97. All Lands
kind continues to this Day. Blount. All the Lands in in Kent fhall be taken to be Gavelkind, except thoſe
England were of the Nature of Gavelkind before the which are difgavelled by particular Statutes. I Mod.
Conquest, and defcended to all the Iffue equally; but 98. If Lands are alledged to be in Kent, ic ſhall
after the Conqueft (as it is called) when Knight-Ser-be intended that they are Gavelkind; if the Contrary
vice was introduced, the Defcent was reftrained to the doth not appear. 2 Sid. 153. By Hale Chief Juftice,
eldeft Son, for the Prefervation of the Tenure. Gavelkind Law is the Law of Kent, and is
Lamb. 167. 3 Salk. 129. In the Reign of H. 6. there pleaded, but prefumed: And it has been held, that
were not above thirty or forty Perfons in all Kent the fuperior Courts may take Notice of Gavelkind
that held by any other Tenure than this of Gavel- generally without pleading; tho' not of the fpecial
kind; which was afterwards altered upon the Peti- Čuftom of devifing it, &c. which ought to be pleaded
never
fpecially.
GE
GE
Specially. But it appears by fome of our Books,
that the Court cannot judicially take Notice of the
Cuttom of Gavelkind, without pleading the fame;
and that it ought to be ſet forth in the Declaration,
Ec. 1 Mod. 98. Cro. Car. 465. Lutw. 236, 754.
Gabelman, Is a Tenant liable to Tribute.
Villani de, &c. qui vocantur Gavelmanni. Somner of
Gavelkind, pag. 33. And hence Gavelkind has been
thought to be Land in its Nature Taxable. Blount.
Gabelmed, The Duty or Work of mowing Grafs,
or cutting of Meadow Land, required by the Lord
from his customary Tenants, Confuetudo falcandi que
vocatur Gavelmed. Somn.
catas terra in S. & non funt Geldabiles. Ex Rot.
Hundr. in Turr. Lond. Ann. 3 Ed. 1.
Gemote, (Sax. i. e. Conventus) Omnis homo pacem ha
bent eundo ad Gemorum & rediens de Gemoto, Nifi pro-
batus fur fuerit. Leg. Edw. Conf. c. 35. See More.
Geneath, Villanus, as Regis Geneath is the King's
Villain. LL. Ina, MS. cap. 19.
General Jue, Is a Plea to the Fa& of Not guilty,
in Criminal Cafes, in order to Trial, by the Coun-
try, or by Peers, &c. H. P. C. 254.
Generatio. When an old Abbey or Religious
Houfe had fpread itfelf into many Colonies, or de-
pending Cells, that Iffue or Offspring of the Mother
Gabellefter, (Sax.) Sextarius Vectigalis, Is a cer- Monattery was called Generatio, quafi proles foboles
tain Meaſure of Rent-Ale: And among the Articles Matricis Domus. Annual. Waverl. 1232.
to be charged on the Stewards and Bailiffs of the Generale. The fingle Commons, or ordinary
Manors belonging to the Church of Canterbury in Kent, Provifion of the Religious, were termed Generale, as
according to which they were to be accountable, their general Allowance, diftinguished from their
this of old was one; De Gavelfefter cujuflibet Bracini Pietantia or Pittances; which upon extraordinary
braciati infra Libertatem Maneriorum, viz. unam Lage Occafions were thrown in as Over commons. In the
nam & dimidiam Cervifia. This Duty cliewhere oc- Obfervances of the Cluniac Monks, they are deſcribed
curs under the Name of Tolfefter; in lieu whereof thus: Generale appellamus quod fingulis in fingulis da-
the Abbot of Abington was wont of Cuftom to receive tur futellis: Pietantia quod in una fcutella duobus. They
the Penny mentioned by Selden in his Differtation are alfo defcribed amongst other Cuftoms. Cartular.
annexed to Fletà, cap. 8. Nor doth it differ from Glafton, MS. fol. 10.
what is called Oakgavel in the Gloffary at the End
of Hen. 1. Laws. Sax. Dict.
Gabel-werk, (Sax.) Was either Manu opera, by
the Hands and Perfon of the Tenant, or Carropera,
by his Carts or Carriages. Phillips of Purvey.
Gaugetum, A Gauge or Gauging, done by the
Gauger; and the true English Gauge is mentioned
Rot. Parl. 35 Ed. 1.
'
Generals of Daders, Chiefs of the feveral Orders
of Monks, Friers, and other Religious Societies.
Geneva, A famous Strong-Water, or Spirit, put
down by Stat. 2 Geo. 2.
Vide Diftillers.
Gentleman, (Generofus) Is compounded of two
Languages, from the Fr. Gentil, i. e. Honeftus, vel
honefto loco natus, and the Sax. Mon, a Man; as if you
would lay a Man well born. The Italians call thoſe
Gauger, (Gaugeator, Fr. Gauchir, i. e. in gyrum tor-Gentil homini whom we ftyle Gentlemen; the French
quere) Signifies an Officer appointed by the King, to likewife diftinguish fuch by the Name of Gentil-
examine all Tuns, Pipes, Hogfheads, Barrels and homme: And the Spaniards keep up to the Meaning
Tercians of Wine, Oil, Honey, &c. and to give of the Word, calling him Hidalgo or Hijo d'alga, who
them a Mark of Allowance, as containing lawful is the Son of a Man of Account; fo that Gentlemen
Meaſure, before they are fold in any Place: And are fuch whom their Blood or Race doth make
becauſe his Mark is a Circle made with an Iron In-known. Under the Denomination of Gentleman, arc
ftrument for that Purpoſe, it feems to have its compriſed all above Yeomen; whereby Noblemen
Name from thence. Of this Officer and his Office, are truly called Gentlemen. Smith de Rep. Ang, lib. 1.
we have many Statutes; as by 27 Ed. 3. cap. 8. all cap. 20, 21. A Gentleman is generally defined to be
Wines, &c. imported, are to be gauged by the one, who without any Title, bears a Coat of Arms,
King's Gaugers, or their Deputies: By 31 Ed. 3. c. 5. or whofe Ancestors have been Freemen; and by
Selling Wine before gauged, incurs Forfeiture or the Coat that a Gentleman giveth, he is known to be,
the Value. And by 23 H. 6. cap. 16. the Gauge-Penny or not to be deſcended from thofe of his Name, that
is to be paid Gaugers, on gauging Wines. The 31 lived many hundred Years fince. Cicero in his To-
Eliz. ordains, that Beer, &c. imported, fhall be picks, fpeaks thus of this Subject; Gentiles funt, qui
gauged by the Mafter and Wardens of the Coopers inter fe eodem funt nomine ab ingenuis oriundi, quorum
Company. Sec 12 Car. 2. c. 4. Vide Excife. majorum nemo fervitutem fervivit, qui capite non funt di-
Geafpecia, In a Charter of the Privileges of New-minuti. There is faid to be a Gentleman by Office,
caftle upon Tyne, renewed Anno 30 Eliz. we find Stur-
giones, Porpecias, (i. c. Porpoifes) Delphinos, Geafpecias,
(viz. Grampois) &c. .
*
Geburlcip, (Geburfcipa) Neighbourhood, or ad-
joining District. Leg. Edw. Confeff. c. 1.
Geburus, A Country Inhabitant of the fame Ge-
bureship or Village; from the Sax. Gebure, a Carl,
Ploughman, or Farmer. Cowel.
*
Geld, (Geldum) Mulita, Compenfatio Delicti & Pre-
tium rei. Hence in our ancient Laws, Wergeld was
uſed for the Value or Price of a Man flain; and
Orfgeld of a Beaft: Likewife Money or Tribute; for
it is faid, Et fint quieti de Geldis, Danegeldis, Horn.
geldis, Blodwita, &c. Chart. Rich. 2. Priorat. de H. in
Devon. Pat. 5 Ed. 4. Angeld is the ſingle Value of
Thing; Twigeld, double Value, &c.
a
and in Reputation, as well as thofe that are born
fuch. 2 Inft. 668. And we read that F. Kingston was
made a Gentleman by King R. 2. Pat. 13 R. 2. par. 1.
Gentilis Homo for a Gentleman, was adjudged a good
Addition. Hill. 27 Ed. 3. But the Addition of Efquire,
or Gentleman, was rare before 1 H. 5. though that of
Knight is very ancient. 2 Inft. 595, 667.
Gentlewoman, (Generofa) Is a good Addition for.
the Eftate and Degree of a Woman, as Generofus is
for that of a Man; and if a Gentlewoman be named
Spinfter in any original Writ, Appeal, c. it hath
been held that fhe may abate, and quafh the fame.
2 Inft. 668.
Gentility, (Gentilitas) Is loft by Attainder of
Treafon, or Felony, by which Perfons become baſe
and ignoble, &c.
Geldable, (Geldabilis) That is liable to pay Tax Genu, Is a Generation. Su ceffit Ethelbaldo
or Tribute. Camden dividing Suffolk into three Offa quinto Genu. Malmsb. lib. 1. c. 4.
Parts, calls the first Geldable, becauſe fubje&& to Genus, (Lat.) The general Stock, Extraction,
Taxes; from which the other two Parts were ex- c. as the Word Office in Law is the Genus, or ge-
empt, as being Ecclefia Donate. This Word is men-neral; but the Sheriff, &c. is the Species of it, or
tioned in the Stat. 27 H. 8. cap. 26. But in an old Particular. 2 Lill. Abr. 528. Sec Statute.
MS. it is expounded to be that Land or Lordſhip, George Noble, A Piece of Gold, current at fix
which is fub difrictione Curie viecom. 2 Inft. 701. Shillings and eight Pence, in the Reign of King
Fur. dicunt quod Prior de Sempringham tenet tres Caru-H. 8. Lownds's E upen Coins, p. 41.
Georgia,
3
GI
GI
1
Georgia. The Sum of Twenty-fix Thoufand
Pounds, is granted by the Land Tax Act, towards
fettling the new Colony of Georgia in America. Stat.
8 Geo. 2. c. 23. And Thirty Thouſand Pounds fur-
ther, by 9 Geo. 2. c. 34. and 10 Geo. 2. c. 17.
Gerluma, Mentioned in Mon. Ang. Tom. 2. p. 973.
See Garfummune.
“Geftu ↑ Fama, An antient Writ where a Perfon's
good Behaviour. was impeached, now out of Ufe.
Lamb. Eiren. lib. 4. cap. 14. See Good Abearing.
Gewineda, (Sax.) Was used for the publick
Convention of the People, to decide a Caule: Et
pax quam Aldermannus Regis in quinque Burgorum Ge-ing to the Letter, the Law will make fuch Con-
winedâ dabit emendatur 12 libris. LL. Ethelred.
cap. i.
Gewitnella, The giving of Evidence. Leg Ethel.
cap. 1. apud Brompton.
the Daughter in Poffeffion at the Time of the Deed
made: And in B. R. it was adjudged by the Court
that the Deed was good, and carried the Eſtate to
the Daughter by way of Covenant to ſtand ſeiſed,
Exc. 1 Mod. Rep. 175. The Words Give and Grant,
in Deeds of Gift, &c. of Things which lie in Grant,
will amount unto a Grant, a Feoffment, a Gift, Re-
leafe, Confirmation or Surrender, at the Election
of the Party, and may be pleaded as a Gift, or
Grant, Releafe Sec. at his Election. I 1 Inft. 301.
And Words fhall be marshalled fo in Gifts and
Grants, that where they cannor take Effect accord-
ftruction as the Gift by Poffibility may take Effe&:
Benigna funt Interpretationes Chartarum propter fimplici·
tatem Laicorum, ut res, &c. Co. Litt. 183. If a Perfon
gives or grants Land, and does not fay in what Pariſh
or County it lies; yet if there be any other Thing
to deſcribe it, as lately belonging to fuch a Perfon,
c. or other Circumftantial Matter, it may be a-
verred where the Land lieth, and fo the Gift be
good. Bro. Grant, 53. 9 Rep. 47. All corporeal and
immoveable Things that lie in Livery, fuch as Ma-
nors, Meffuages, Cottages, Lands, Woods, and the
like, may be given and granted in Fee, for Life, or
Years at firft; and be affignable over after, from
Man to Man in infinitum. 1 Roll. Abr. 44. And where
a Man gives and grants Wood to another on his
Lands, or 20s. for it to be received out of the fame
Lands, &c. here the Wood paffes by the Gift pre-
fently, with Power to chufe to have the Money.
Roll. Abr. 47. A Deed of Gift of Lands or Goods
may be made upon Condition; and on a Gift or Sale
of Goods, the Delivery of 6d. or a Spoon, &c. is a
good Seifin of the Whole. Wood's Inft. 234.
Form of a Deed of Gift of Lands and Tenements.
Τ'
HIS Indenture, made the Day and Year, &c.
Between A. B. of, &c. of the one Part, and
T. B. of, &c. Son of the faid A. B. of the other Part,
Wineffeth, That the faid A. B. as well for and in
Confideration of the Natural Love and Affection which he
Gift, (Donum) Is a Conveyance, which paffeth
either Lands or Goods. And a Gift is of a larger
Extent than a Grant, being applied to Things move-
able and immoveable; yet as to Things immoveable,
when taken ftri&tly, it is applicable only to Lands
and Tenements given in Tail; but Gifts and Grants
are faid to be alike in Nature and often confounded.
Wood's Inft. 260. A Gift may be by Deed, in Word,
or in Law: All Goods and Chattels perfonal may be
given without Deed, except in fome special Cafes;
and a Free Gift is good without a Confideration.
Perk. 57. But a general Gift of all one's Goods,
without any Exception, though this be by Deed, it
is liable to Sufpicion as fraudulent, to deceive Cre-
ditors; for by giving all a Man's Goods, there feems
to be a fecret Truft and Confidence implied, that
the Donce ſhall deal favourably with the Donor, in
Refpect to his Circumftances. 3 Rep. So. And
therefore whenever any Gift fhall be made, in Satis-
faction of a Debt, it is good to make it in a publick
Manner before Neighbours; that the Goods and
Chattels be appraised to the full Value, and the Gift
exprefly made in Satisfaction of the Debt; and that
on the Gift, the Donee take Poffeffion of them, &c.
Hob. 230. If a Man intending to give a Jewel to an-
other, fay to him, Here I give you my Ring, with the
Ruby in it, &c. and with his own Hand delivers it
to the Party; this will be a good Gift; notwith-bath and beareth unto the faid T. B. his Son, as also for
tanding the Ring fhall bear any other Jewel, be- the better Maintenance and Preferment of the faid 'T. B.
ing delivered by the Party himself to the Perfon to Hath given, granted, aliened, enfeoffed and confirmed,
whom given. Bac. Max. 87. And if a Perfon give and by thefe Prefents doth give, grant, alien, enfeoff and
a Horſe to another, being prefent, and bid him take confirm, unto the ſaid T. B. All that Meſſuage or Te-
the Horfe, though he call the Man by a wrong nement, fituate, &c. with all and fingular its Appurte-
Name, it will be a good Gift: But it would be o- nances, and all Houses, Outhouses, Lands, &c. And the
therwife if the Horfe were delivered for the Ufe of Reversion and Reverfions, Remainder and Remainders,
another Perfon, being abfent; there a Miftake of
there a Mistake of Rents and Services of the faid Premiffes; and all the E-
the Name would alter the Cafe. Ibid. A Gift muft ftate, Right, Title, Intereft, Property, Claim and Demand
be certain; and therefore to give or grant another whatsoever of him the faid A. B. of, in, and to the faid
his Horfes or Cows, that may be fpared, will be Meffuage or Tenement, Lands and Premiffes, and of, in,
void: Though if one give to A. B. his Horfe, or his and to every Part and Parcel thereof, with the Appurte-
Cow, he may take which he will of them. Bro. Done nances; and all Deeds, Evidences and Writings concern-
19. If I give all my Money in my Purfe to an ing the faid Premiſes only, now in the Hands or Cuſtody
other, without faying how much it is; this is a void of the faid A. B. or which he may get or come by without
Gift, and no A&tion will lie for the fame. Plowvd. Suit in Law; To have and to hold the faid Meſſage
273. As to Gifts in Law, when a Man is married or Tenement, Lands and Premiſſes hereby given and
to a Woman, all her Goods and Chattels by Gift in granted, or mentioned or intended to be given and granted
Law become the Husband's; but then he is liable for unto the faid T. B. his Heirs and Affigns, to the only pro-
her Debts: So if a Man is made Executor of a per Ufe and Behoof of him the faid T. B. his Heirs and
Will, the Law gives him all the Goods and Chattels Affigns for ever. And the faid A. B. for himself, his
of the Teftator, fubject to the Teftator's Debts: Heirs, Executors and Adminiftrators, doth Covenant and
And if a Person make a Suit of Clothes for another, Grant to and with the faid T. B. his Heirs and Affigns by
and put it upon him to use and wear, this will be thefe Prefents, that he the faid T. B. his Heirs and Af-
a Gift or Grant in Law of the Apparel made. 1 Inft. figns, fall and lawfully may from henceforth for ever
351. A Man by Deed did Give and Grant, Bargain hereafter, peaceably and quietly have, bold, occupy, poffefs,
and Sell, Alien, Enfeoff and Confirm to his Daughter and enjoy the faid Meffuage, Tenenient, Lands, Heredi-
certain Lands: But no Confideration of Money was taments and Premiſſes hereby given and granted, or men-
mentioned, nor was the Deed inrolled; there was tioned or intended fo to be, with their Appurtenances, free,
likewife no Confideration of Natural Affection ex- clear and difcharged of and from all former and other Gifs,
preffed, (other than what was implied in naming Grants, Bargains and Sales, Fecffments, Jointures, Dow
the Grantee his Daughter) and there was no Liveryers, Eftates, Entails, Rents, Rent-Charges, Arrearages of
endorfed, or any found to have been made; nor was Rents, Statutes, Judgments, Recognizances, Statutes
4 Y
Merchant
1
GL
GO
D
1
•
Merchant and of the Staple, Extents, and of and from
all other Titles, Troubles, Charges and Incumbrances
whatſoever, had, made, committed, done or suffered, or
to be had, made; committed, done or fuffered, by him the
faid A. B. his Heirs, Executors or Adminiftrators, or any
other Perfon or Perfons lawfully claiming or to claim by,
from
or under him, them, or any or either of them. In
Witnefs, &c.
T
A Gift of Goods and Chattels.
Glais-men, Are reckoned amongst wandering
Rogues and Vagrants, by the old Statutes. 39 Eliz
and 1 Fac. I. a 70.
Glebe, (Gleba) Is Church-land; Dos vel Terra ad
Ecclefiam pertinens. Lyndewood fays, Gleba eft terra
in qua confiftit Dos Ecclefia; generaliter tamen fumitur
pro folo vel pro terra culta: We most commonly take
it for the Land belonging to a Parish Church, be-
fides the Tithes. If any Parfon, Vicar, c. hath
cauſed any of his Glebe Lands to be manured and
fown at his own Cofts, with any Corn or Grain, the
O all People, &c. I A. B. of, &c. fend Greet Incumbents may devife all the Profits and Corn
ing. Know ye, That I the faid A. B. for and growing upon the faid Glebe by Will. Stat. 28 H. S.
in Confideration of the natural Love and Affection which cap. 11. And if a Parfon fows his Glebe and dies,
I have and bear unto my beloved Brother L. B. of, &c. the Executors fhall have the Corn fown by the
and for divers other good Causes and Confiderations me here- Teftator. But if the Glebe be in the Hands of a
unto moving, have given and granted, and by thefe Pre- Tenant, and the Parfon dies after Severance of the
fents do give and grant unto the faid L. B. all and fingu Corn, and before his Rent due; it is faid, neither
lar my Goods, Chattels, Plate, Jewels, Leafes and perfo- the Parfon's Executors, or the Succeffor, can claim
nal Estate whatſoever, in whofe Hands, Cuftody or Pof the Rent, but the Tenant may retain it, and alfo
feffion foever they be, within the Kingdom of Great Bri- the Crop, unless there be a ſpecial Covenant for the
tain, &c. To have, hold and enjoy all and fingular Payment to the Parfon's Executors proportionably,
the faid Goods, Chattels, and Perfonal Eftate aforesaid, c. Wood's Inft. 163. There is a Writ grounded
unto the faid L. B. his Executors, Administrators and Af-upon the Stat. Articuli Cleri, cap. 6. Where a Par-
figns, to the only proper Ufe and Behoof of him the faid L. B. fon is diftrained in his Glebe Lands by Sheriffs, or
his Executors, Adminiftrators and Affigns for ever. And other Officers; against whom Attachment fhall iffue.
I the faid A. B. all and fingular the aforefaid Goeds, New Nat. Br. 386, 387.
Chattels and Premiffes, to the faid L. B. his Executors,
Adminiftrators and Afſigns, against all Perfons whatfo-
ever, fhall and will warrant, and for ever defend by theſe
Prefents. In Witness, &c.
Gifta quæ, The Stream of Water to a Mill.
·Molendinum & vivarium cum Gifta Aquæ. Mon.
Angl. Tom. 3.
Gigmills, A Kind of Fulling Mills for Fulling
and Burling of Woollen Cloth, prohibited Anno 5 &
6 Ed. 6. č. 22.
A
Gild, A Fraternity or Company, &c. See Guild.
Gilding Metals. The Gilding any Metal but
Silver, and Church Ornaments; or Silvering any
thing except the Apparel of Peers, &c. and Metal
for Knight's Spurs, is liable to Forfeiture of ten
Times the Value, and a Year's Imprifonment, by
Stat. 8 H. 5. cap. 3. None fhall gild Rings or other
Things made of Copper or Latten, in Pain to forfeit
57. to the King, and Damages to the Party deceiv
ed. 5 Hen. 4. cap. 13. For gilding Silver Warcs, no
Perfon may take above 4s. 8d. for a Pound of
Troy Weight, under Penalties. Stat. 2 H. 5. c. 4.
Gilarms, or Guifarmes, An Halbert or Hand-
Ax, from the Lat. Bis Arma, becauſe it wounds on
both Sides. Skene. Eft Armorum genus longo manu-
brio & porrecta cufpide. Spelm. It is mentioned in
the Stat. 13 Ed. 1. c. 6.
Gift of A&ion, From the Fr. Gift, is the Caufe
for which the Action lieth; the Ground and Foun-
dation thereof, without which it is not maintain-
able. 5 Mod. Rep. 305.
Gladiolum, A little Sword or Dagger; alfo
Kind of Sedge. Matt. Parif. 1.206.
Glebariæ, Turfs digged out of the Ground.
In Sylvis, Campis, Semitis, Moris, Glebariis, &c.
Glifcywa, An old Saxon Word for a Fraternity.
Leg. Adelftan. cap. 12.
Glomerells, Commiffaries appointed to determine
Differences between Scholars of a School or Univerfi-
ty, and the Townfmen of the Place: In the Edict of
the Bishop of Ely, Anno 1276, there is Mention of
the Master of the Glomerells.
Globe-Silver, Money cuftomarily given to Ser-
vants to buy them Gloves, as an Encouragement of
their Labours.- Inter antiquas confuetudines Abba-
tie de Santo Edmundo, capiunt etiam quidam ex prædict.
Servientibus Glove-Silver in Fefto Sti. Petri quorum hac
funt Nomina, Clericus Cellerarii 2 Denar. Armiger Cel-
lerarii 11 Den. Grangiarius 11 Den. Vaccarius Den.
Ex Cartular. S. Edmund. MS.. 32.3. Glove-
Money has been alfo applied to extraordinary Re-
wards given to Officers of Courts, &c.
Glyn, A Valley, according to the Book of Domef
day.
Go. This Word is fometimes uſed in a ſpecial
Signification, as to go without Day, is to be dif
miffed the Court; fo in old Phrafe to go to God.
Broke, Kitch. 190.
God-bote, (Sax.) An Ecclefiaftical or Church
Fine, paid for Crimes and Offences committed a-
gainſt God.
God-gild, That which is offered to God, or his
Service. Sax.
Golda, A Mine, according to Blount. Conceffionem
quam idem Thomas fecit de Terris fuis & Terris te-
anentium fuorum, à Goldis mundandi per fe & fuos fe-
cundum confuetudinem, &c. Mon. Ang. Tom. 2 pag.
610.
Gladius. Fus Gladii, Is mentioned in our Latin
Authors, and the Norman Laws; and it fignifics a
fupream Jurifdiction. Camd. And 'tis faid that from
hence, at the Creation of an Earl, he is Gladio fuc-
cinctus; to fignify that he had a Jurifdi&tion over the
County of which he was made Earl. See Pleas of
the Sword.
Gold and Silver Lace and Thread, Perfons that
fell Orrice Lace, mixed with other Metal or Mate-
rials than Gold, Silver, Silk and Vellum, ſhall forfeit
2s. 6d. for every Ounce: And there fhall be allow'd
at leaft fix Ounces of Gold and Silver prepared and
reduced into Plate, to cover four Ounces of Silk,
except large Twift, Freeze, &c. And laying the
fame on greater Proportions of the Silk, or in any
Glaire, (Fr.) A Sword, Lance, or Horfeman's
Staff. Gleyre was one of the Weapons allowed the
contending Parties in a Trial by Combat. Orig. Ju-other Manner than directed, incurs the like For.
rifd. 79. Glavea, a Hand-Dart. Blount.
Glafs. There were certain Duties granted on
all Glass-ware, &c. by Statute 6 & 7 W. 3. And
thefe Duties were continued for ever by a fubfequent
A&: But they are fince taken off. See Stat. 1o &
11 W. 3. c. 18.
feiture of 2s. 6d. the Ounce. Copper and Lace in-
ferior to Silver, is to be fpun upon Thread, Yarn or
Incle, and not on Silk; but this does not extend to
Tinfel Apparel, ufed in Theatres. No Gold or Sil-
ver Lace, Thread, Fringe or Wire, &c. may be
imported, on Pain of being forfeited and burnt, and
100%.
}
4
GO
GO
•
}
100l, Penalty. Stat. 15 Geo. 2. c. 20. See Wire-ed against any Perfons whatsoever, under the De-
Drawers.
gree of Nobility, against whom Complaint is to be
Goldsmiths, Gold and Silver Manufactures are made in the Court of Chancery, or in B. R. and
to be affayed by the Warden of the Goldsmiths Com-they may be bound there to keep the Peace. Dalt.
pany in London, and mark'd; and Gold is to be of 267, 268. The Warrant of the Juftice to keep the
a certain Touch. 28 Ed. 1. cap. 20 Goldsmiths muft Peace, is to be granted against Infants, and Feme
have their own Marks on Plate, after the Surveyors Coverts, who ought to find Security by their
have made their Affay; and falfe Metal fhall be Friends, and not be bound themfelves; it may be
feifed and forfeited to the King. 37 E. 3. 7. Work had against the Husband, at the Request of the
of Silver made by Goldsmiths, &c. is to be as fine as Wife, and againſt the Wife, at the Request of the
Sterling, except the Solder neceffary; and mark- Husband; againft a Lunatick, that hath fometimes
ing other Work, incurs a Forfeiture of double Va-lucid Intervals; (but not a Non Compos, or against
lue. 2 H. 6. c. 14. Goldsmiths fhall not take above or for one attainted of Felony, c.) against any
Is. the Ounce of Gold, befides the Fashion, more Perfon affronting a Judge, Juftice of Peace, &c.
than the Buyer may be allowed for it at the King's and in a Word against all Perfons that are fu-
Exchange: And if the Work of any Goldsmith be fpected to break the Peace, or that do break it by
marked and allowed by the Mafters and Wardens Affrays, Affaults, Battery, Wounding, Fighting,
of the Mystery, and afterwards found faulty; the Quarrelling, Threatning to beat another, or to
Wardens and Corporation fhall forfeit the Value burn his Houfe, Rioters, &c. and in all Cafes,
of the Thing fo fold or exchanged. 18 Eliz. c. 15. where there is a future Danger. Dalt. 263, 264.
Molten Silver is not to be tranfported by Goldsmiths 4 Inft. 180. Alfo one may be bound to his Good Be-
before it is marked at Goldsmiths-Hall, and a Certi-haviour for a fcandalous Way of Living, for keep-
ficate made thereof on Oath; and Officers of the ing Bawdy-Houfes, or haunting them, Gaming
Cuftoms may feize Silver fhipped otherwife. 67 Houfes, c. and fo may common Drunkards,
W. 3. cap. 17. The Cities of York, Exeter, Bristol, Whoremongers, and common Whores, Night-walk-
Chefer, Norwich, and Town of Newcastle, are apers, and thofe that live idly, Cheats, Libellers, &c.
pointed Places for affaying and marking wrought Dalt. 292, 293. A Woman who is a common Scold
Plate of Goldsmiths, &c. 12 W. 3. 4. 1 Ann. c. 9. may be bound to the Good Behaviour: But the Stat.
A Duty is granted on Silver Plate of 6 d. per Ounce; 34 Ed. 3. c. 1. relates only to Misbehaviours againſt
and Goldsmiths are to make Entries thereof with the the Publick Peace; fo that it ought not to be de-
Weight, on Pain of 1001. c. And Goldsmiths manded for private Defamation of another, but for
muft work their Plate according to the old Stand- Words only, which tend to the Breach of the Peace,
ard; which is to be touched, affayed and marked or terrifying others, or unto Sedition, c. 4 Inft.
before expoſed to Sale. Stat. 6 Geo. I. c. II. By a
181. 1 Lill. Abr. 650, 651. A Juftice of Peace may
late A&t, Gold Plate made by Goldsmiths fhall con- not bind any Perfon to the Good Behaviour, upon a
rain 22 Carracts of Fine Gold; and Silver Plate 11 general Accufation made against the Party. Pafch.
Ounces and two Penny Weight of Silver, in every 23 Car. B. R. He that demands Security for the
Pound Troy, or they forfeit 10%. And no Gold-Peace, muft make Oath before the Juftice of Blows
Smith fhall fell any fuch Plate, until marked with given, or that he ftands in Fear of his Life or fome
the first Letters of the Maker's Chriftian and Sur- bodily Hurt; or that he fears the Party will burn
name, the Marks of the City of London, being the his Houfe, Sc. and that he doth not demand the
Leopard's Head, Lion Paffant, &c. and thofe made Peace of him for any Malice or Revenge, but for
ufe of by the Affayers at York, Exeter, &c. All Per-his own Safety; whereupon the Juftice grants his
fons making Plate, are [0 enter their Marks, Warrant to bring the Party before him, and then
Names and Places of Abode in the Affay-Office; Security is to be given by Recognizance for the
they are likewife to fend with the Plate required to Good Behaviour; or on Default thereof, the Party
be marked, a particular Account thereof, in order fhall be committed to Gaol. I Inft. 293. 4 Inft. 180.
to be entred, c. or forfeit 51. The Affayers de- And when Security for the Peace is given to the
termine what Solder is neceffary about Plate, and King by Recognizance in a Penal Sum, if the Peace
judge of the Workmanship, and for good Caufe is afterwards broken by any A&t of the Party, or
may refufe to Affay it; and if any Parcel be dif- by his Procuring another to break it, &c. it is a
covered of a coarfer Allay than the Standards, Forfeiture of the Recognizance, which being
it may be broke and defaced; alfo the Fees for brought to the next Seffions of the Peace by the
affaying and marking are particularly limited, &c. Juftice, the Juftices in Seffions are to certify the
Recognizance, with the Caufe of Forfeiture, into
B. R. or the Exchequer, &c. from whence Procefs
fhall go out against the Offender. Dalt. 277, 296.
Juftices of Peace, under Colour of their Authority,
ufe to require the Good Behaviour of every one at
their Pleafure; and if they refufed, then to com-
mit them to Prifon: But if they have not good
Caufe to require Suretics for Good Behaviour, and the
Party refufing to give it is committed to Prifon,
falfe Imprifonment well lies; for the Statute which
gives the Juftices that Authority, is principally a-
gainft Vagabonds. 1 Lill. 651. The Surety for the
Peace or Good Behaviour may be releaſed by the Ju-
ftice that took it, and the Party upon whofe Com-
plaint it was granted. Dalt. 296. But it is faid fuch
à. Recognizance may not be difcharged by Reles fe
of the Party himself; because the Cognifor is bound
to the King, and to keep the Peace in general;
though by the Death of the King, or of the Prin
cipal Cognifor, (not of the Sureties) it is difcharged
of Courte. Roll. Rep. 199.
12 Geo. 2. c. 26.
Goldwit, or Goldwich, Perhaps a golden Mult;
in the Records of the Tower, there is Mention of
Confuetudo vocata Goldwith vel Goldwich.
Goliardus, Is a Jefter or Buffoon, mentioned in
Mat. Parif. 1229.
Good bearing, (Bonus Geftus) Signifies an exact
Carriage or Behaviour of a Subject towards the King
and the People; whereunto fome Perfons upon their
Misbehaviour are bound: And he that is bound to
this, is faid to be more ftri&tly bound than to the
Peace; becauſe where the Peace is not broken, the
Surety de Bono Gefu may be forfeited by the Num-
ber of a Man's Company, or by their Weapons.
Lamb. Eiren. lib. 2. cap. 2. 34 Ed. 3. cap. I.
Good Behaviour, Surety for the Good Behaviour
is Surety for the Peace, and differs very little from
Good Abearing. A Juftice of Peace may demand it
ex Officio, according to his Diferetion, when he fees
Caule; or at the Request of any other under the
King's Protection: His Warrant alfo is to be iffued
when he is commanded to do it by Writ of Suppli-
carit out of the Chancery or B. R. It may be grant-c. See Chattels,
Goods and Chattels, (Bona & Catalla) Perfonal,
GR
GR
?
}
Goole, (Fr. Goulet) A Breach in a Sea Bank or
Wall; or a Paffage worn by the Flux and Reflux of
the Sea. 16 & 17 Car. 2. c. II.
Grand Diltrels, Is a Writ fo called not for the
Quantity of it, for it is very fhort, but for its
Quality, for the Extent thereof is very great, be
ing to all the Goods and Chattels of the Party di-
trained within the County: It lies in two Cafes,
ei her when the Tenant or Defendant is attached,
and appears not, but makes Default; or where the
Tenant hath once appeared, and after makes De-
fault, then this Writ is had by the Common Law in
lieu of a Petit Cape. Stat. Weftm. 1. c. 44. 52 H.
Gorce, (From the Fr. Gort) A Wear: By Stat. 25
Ed. 3. cap. 4. it is ordained, that all Gorces, Mills,
Wears, levied and fet up, whereby the King's
Ships and Boats are difturbed and cannot pafs in
any River, fhall be utterly pulled down, without
being renewed. Sir Edward Coke derives this Word
from Gurges, a deep Pit of Water, and calls it a
Gors or Gulf; but this feems to be a Miftake, for in3. cap. 9.
Domefday it is called Gourt and Gort, the French
Word for a Wear. Co. Litt. 5.
Goze, A narrow Slip of Ground. Paroch Antiq.
393.
Gote, (Sax, Geotan, i. e. Fundere) A Ditch, Sluice
or Gutter, mentioned in the 23 H. 8. c. 5.
Grand Jury, Is the Jury that find Bills of Indict-
ment before Juftices of Peace, and Gaol-Delivery,
or of Oyer and Terminer, &c. They ought only to
hear Witneffes for the King; and to find a Bill on
probable Evidence; because it is bur an Accufation,
and the Party is to be put upon his Trial afterwards.
But if the Bill be againſt A. for Murder, and the
Grand Fury on the Evidence before them, be fatis-
fied it was Se Defendendo, &c. and fo return it fpe-
cially; the Court may remand them to confider
better thereof, or hear the Evidence at the Bar,
and accordingly direct the Grand Fury. 2 Hale's Hift.
P. C. 157, 158. But fee 2 Hawk. 210.
Where a
Government. In the first Year of K. Will. and
Q. M. an Act was made for empowering his Majefty
to apprehend and detain fuch Perfons as he fhould
find just Caufe to fufpect were confpiring against the
Government: By Virtue of which, thofe who were
fufpected of Treafonable Practices, were taken up
and imprisoned, without Bail or Mainprize, for fix
Months, &c. Stat. 1. W. & M. cap. 2. A like A&Grand Fury refufes to prefent Things that are with-
of Parliament, to continue a thort Time, paffed in in their Charge, &c. a new Grand Inqueft may be
the Reign of Q. Anne, 6 Ann. cap. 15. And his Ma-impanelled, to enquire of the Concealment of the
jefty K. George the Firft, was empowered by Statute,
to fecure and detain fufpected Perfons, in the Time
of the late Rebellion; and all A&tions, Suits and Pro-
fecutions, by Reafon of any Thing done to fupprefs
the fame, and for the Service of the Government,
were made void. Stat. 1 Geo. 1. cap. S, 39. and o-
thers. Sufpending the Habeas Corpus A&t. See Ha
beas Corpus. Preaching againſt the Government. Vide
Indictment.
Governozs of the Cheft at Chatham, Are Officers
appointed to take Care of and relieve the poor and
maimed Seamen belonging to the Nary Royal. 22
23 Car. 2.
Grace, A&ts of Parliament for a general and
free Pardon, are called Acts of Grace. 7 Gco. 1. cap.
29, Exc.
Graduates, (Graduati) Are Scholars as have ta
ken Degrees in an Univerfity. 1 H. 6. cap. 3.
Gaffer, (Fr. Greffier, i. c. Scriba) A Notary or
Scrivener, ufed in the Stat. 5 H. 8. cap. 1.
former; on whofe Defaults prefented, they fhall be
amerced. Ibid. 155. Vide Indictment, and Fury.
Grand Serjeanty, An antient Tenure, by Mili-
tary Service. See Chivalry.
Grange, (Grangia) A Houſe or Farm where Corn
is laid up in barns, Granaries, &c. and provided
with Stables for Horfes, Stalls for Oxen, and other
Things neceffary for Husbandry.
Gangiarius, Is a Perfon who has the Care of
fuch a Place, for Corn and Husbandry: And there
was antiently a Granger, or Grange-Keeper belong-
ing to Religious Houfes, who was to look after
their Granges, or Farms in their own Hands. Fleta,
lib. 2. c. 8. Cartular. St. Edmund. MS. 323.
Giant, (Conceffio) Signifies in the Common Law
a Conveyance in Writing of Incorporeal Things
not lying in Livery, and which cannot pafs by
Word only; as of Reverfions, Advowfons in Grofs,
Tithes, Rents, Services, Common in Grofs, &c. It
has been also taken generally, for every Gift and
Grant of any Thing whatfoever. 1 Inft. 172. 3 Rep.
63. And Grants are made by fuch Perfons as can-
not give but by Deed: And he that granteth is term.
Graffium, A Writing-Book, Regiſter, or Cartu-ed the Grantor; and he to whom the Grant is made
lary of Deeds and Evidences. Annal. Ecclef. Mene
venfis apud Angl. Sacr. par. 1. pag. 653.
Graffio, Gravio, A Landgrave, or Earl-Nec
Princeps, nec Graffio, hanc lenitatem mutare audeat.
Mon. Ang. Tom. I. p. 100.
Grail, (Gradale, or Graduale) A Gradual or Book,
containing fome of the Offices of the Roman Church.
Gradale, fic dictum, & gradalibus in tali libro con-
tentis. Lyndewood. Provincial. Ang. lib. 3. It is fome.
times taken for a Maſs-book, or Part of it, inftituted
by Pope Celeftine, Anno 430. See Stat. 37 H. 6. c. 32.
Gain, Is the twenty-fourth Part of a Penny
Weight. Merch. Dict. Alfo Grain fignifies any Corn
fown on Ground; and there is what is fo called in
the Top of the Ear, lefs than Corn. Litt. Aleyn's
Rep. 80.
Grand life, A Writ in a real Action, to deter-
mine the Right of Property in Lands. See Magna
Affifa.
Grand Cape, Is a Writ on Plea of Land, where
the Tenant makes Default in Appearance at the Day
given, for the King to take the Land into his
Hands, &c. Reg. Jud. 1. Vide Cape Magnum.
Grand Days, Are thofe Days in the Terms
which are folemnly kept in the Inns of Court and
Chancery, i. e. Candlemas Day in Hillary Term, Af
cenfion Day in Eafter Term, St. John the Baptift Day in
Trinity Term, and All Saints Day in Michaelmas
Term; which Days are Dies non Juridici, or no Days
in Court.
is the Grantee. Weft. Symb. Sect. 234. Any natural
Perfon, or corporate Body, (not prohibited by Law,
as Infants, Feme Coverts, Monks, &c.) may make
a Grant of Lands, and be a Grantor; and an Infant,
or Woman Covert may be a Grantee. Perk. 3, 4, 43,
&c. Though the Infant at his full Age may difa-
gree to the Grant, and the Husband difagree to the
Grant to his Wife. Ibid. Grants made by Perfons
non fane memorie, are good against themselves; bur
they are voidable by their Heirs, &c. A Man that
is born Dumb, or Dumb and Deaf, if he have Un-
derftanding by making of Signs, he may grant his
Land to another; not one who is born Deaf, Dumb
and Blind alfo. 1 Co. Inft. 2. A Perfon attainted of
Treafon or Felony, may make a Deed of Gift or
Grant, and be good against all Perfons, except the
King, and the Lord of whom the Lands are held;
and for Relief in Prifon, they may be good against
them likewife. Inft. 2. Perk. Sect. 26, 31. Regu-
larly to every good Grant the following Things are
requifite: 1. That there be a Perfon able to grant.
2. A Perfon capable of the Thing granted. 3. That
there be a Thing grantable. 4. That it be granted in
fuch Manner as the Law requires. 5. That there
be an Agreement to and Acceptance of the Thing.
granted, by him to whom made. And 6. There
ought to be an Attornment where needful. 1 Inft.
:
4
73.
GR
GR
·
73. But Grants and Conveyances are good, without 214. 4 Rep. 66. It was formerly held, that by a
Attornment of Tenants, Notice being given them of Grant of all a Man's Goods and Chattels, Bonds
the Grants, by Stat. 4 & 5 Ann. Grants are taken would pafs; now 'tis held the contrary, that the
most strongly against the Grantor in Favour of the Words Goods and Chattels do not extend to Bond,
Grantee: The Grantee himſelf is to take by the Grant Deeds or Specialties, being Things in Action, un-
immediately, and not a Stranger, or any in futuro; lefs in fome Special Cafes. 8 Rep. 33. 1 Inft. 152. See
and if a Grant be made to a Man and his Heirs, he 2 Geo. 2. c. 25. In Grants there must be a Founda
may affign at his Pleaſure, though the Word Aftion of Intereft, or they will not be binding: If a
figns be not expreffed. Lit. 1. Saund. 322. The Ufe of Perfon grants a Rent-charge out of Lands, when
any Thing being granted, all is granted neceffary to he hath nothing in the fame Land, the Grant will
enjoy fuch Ufe: And in the Grant of a Thing, what be void. Perk. 15. Though it is faid, if a Man
is requifite for the obtaining thereof is included. I grant an annual Rent out of Land, wherein he hath
Inft. 56. So that if Timber Trees are granted, the no Kind of Intereft, yet it may be good to charge
Grantee may come upon the Grantor's Ground to cut the Perfon of the Grantor. Owen Rep. 3. A Man
and carry them away. 2 Inft. 309. Plowd. 15. Where may grant an Annuity for him and his Heirs, to
the principal Thing is granted, the Incident fhall commence after his Death, and it shall charge the
pafs; but the Principal will not pass by the Grant of Heir. Bac. Max. 58. And after the Grant of an An-
the Incident. 1 Inft. 152. A Lord of a Manor cannot nuity, &c. is determined, Debt lies for the Arrears;
grant the fame, and referve the Court Baron, it be and the Perfon of the Tertenant will be charged.
ing infeparably incident. Ibid. 313. A Grant of a 7 Rep. 39. If a common Person grants a Rent, or
Manor, without the Words cum pertinentiis, will pafs other Thing that lies in Grant, without Limitation of
all Things belonging to the Manor: The Grant of a any Eftate, by the Delivery of the Deed, a Free
Farm will alfo pafs all Lands helonging to it; but hold paffes: But if the King makes fuch a Grant of
a Grant of a Meffuage paffes only the Houfe, Out- a Rent, &c. it is void for Uncertainty. Dano. Rep.
houſes and Gardens. Owen's Rep. 51. Tot il. Maner. 45 A Grant to a Man, with a Blank for his Chri-
de A. may be taken in the fingular or plural Num ftian Name, is void, except to an Officer known by
ber; and Dashes and Abbreviations in Grants fhall his Office, when it must be averred: And it is the
be fo taken that the Grant be not void. 9 Rep. 48. fame where the Grantee's Chriſtian Name is mifta-
When Lands are granted by Deed, the Houfes which ken. Cro. Eliz. 328. And Grants may be void by
ſtand thereon will pafs; Houfes and Mills pafs by Incertainty, Impoffibility; being against Law, on a
the Grant of all Lands, becaufe that is the moft du- wrong Title, to defraud Creditors, &c. 1 Inft. 183,
rable Thing on which they are built. 4 Rep. 86. Such Things as lie in Grant, may not be granted,
2 And. 123.
By Grant of all the Lands, the Woods or held without Deed: And if any Thing not grant-
will pats: And if a Man grant all his Trees in a cer- able, is granted with other Things, the Grant will
tain Place, this paffeth the Soil; though an Excep- be void for all. 2 Shep. Abr. 269, 271, 273. Trufts
tion of Wood extends to the Trees only, and not and Confidences are perfonal Things, and may not
the Soil. 1 Roll. Rep. 33. Dyer 19. 5 Rep 11. Trees be granted over to others in moft Cafes; as Offi-
in Boxes will not pass by the Grant of the Land, .ces of Truft, and the like: But regularly all kind
as they are ſeparate from the Freehold. Mod. Cafes of Chattels Real and Perfonal, are grantable. Perk.
170. A Man grants all his Wood that fhall grow Sect. 99. Plowd. 379, 141. If one grant any Thing
in Time to come; it is a void Grant, not being in that lies in Livery or Grant, and that is in effe at
Effe. 3 Leon. 57. A Grant de vestura Terre paffeth the Time of the Grant, in Fee, or for Life, and
not the Freehold; and therefore the Grantee hath no the Estate is to begin at a Day to come; this for
Authority to dig in it by Virtue of fuch a Grant. Ow. the most part will be void: But a Leafe or Grant
37. By the Grant of Lands in the Poffeffion of ano for Years, may be good in futuro; and may be to
ther, it is good if fuch other be in Poffeffion, let one for Term of Years, or Years determinable on
the Poffeffion be by Right or Wrong. 1 Roll. Rep. 23. Lives, and after to another, to begin at the End of
If a Grant is general, and the Lands granted reftrain- that Eftate. 5 Rep. 1. Dyer 58. Where a Man hath
ed to a certain Vill, the Grantee fhall have no Lands a Reverfion after an Estate for Life of Land, and
out of the Vill. 2 Rep. 33. If I grant all my Lands he grants a Rent out of it; the Grant is good, and
in D. which I had by the Grant of A. B. this is a will faften upon the Land after the Eftate of the
good Grant of all my Lands in D. whether I had Tenant for Life is ended: And if a Perfon grant
them of A. B. or any other. Mich. 2 Fac. 2. It has Rents, &c. and a Stranger take them at that Time;
been held, that where a Grant is made of Lands and in this Cafe the Grant will be good, for one may
Tenements in D. Copyhold Lands will not pafs; not be out of Poffeffion of thefe Things but at his
for they cannot pafs otherwife than by Surrender. Pleafure. Perk. 92, 98. Of Grants fome charge the
Owen 37. Where Lands are certainly defcribed in Grantor with fomething he was not charged with
a Grant, with a Recital as granted to A. B. &c. tho' before; and others difcharge the Grantee of fome-
they were not thus granted, it has been adjudged thing wherewith he was before charged or charge-
that the Grant was good. 10 Rep. 110. A fift De-able. If a Man grant to me a Rent-Charge; and
fcription of Lands in a Grant is falfe, notwithſtand-after I grant to him, that he fhall not be fued for
ing the fecond be true, nothing will pafs by it; this Rent; this is good to bar me of bringing an
though if the first be true, and the fecond falfe, Action, tho' I may diftrain for the Rent ftill: And
the Grant may be good. 3 Rep. 10. The Word Grant, if one grants to his Leffee for Life or Years, that
where it is placed among other Words of Demife, he fhall not be impeached for Wafte; it will be a
c. fhall not enure to pass a Property in the Thing good Difcharge, and may be pleaded. 7 H. 6. 43.
demifed; but the Grantee shall have it by Way of Bro. Grant 175. Kelw. 88. If an Estate be made
Demife. Dyer 56 A Man cannot grant that which of Land upon Condition, that if A. B. the Grantor
he hath not, or more than he hath: Though he pay to C. D. the Grantee 201. on fuch a Day, he
may covenant to purchaſe an Eftate, and levy a fhall have his Land again; they may both join and
Fine to Ufes, which will he good. Bac. Max. 58. make an Eftate of the Land, or charge it with any
A Perfon may grant a Reverfion, as well as a Pof- Rent, &c. before the Day of Redemption: And
feffion; but the Law will not allow of Grants of Ti-C. D. may also before the Day grant away his E-
tles only, or imperfe&t Interests, or of fuch Interefts
as are merely future. Ibid. A bare Poflibility of an
Intereft, which is uncertain; a Right of Entry or
Thing in Action, Caufe of Suit, . may not be
granted over to a Stranger. Perk. Sec 65. 1 Inft.
1
ftate to another, but it will be fubject to the Condi-
tion; and if he grant a Rent to a Stranger, and
A. B. doth perform the Condition, and then re-
enter, he may avoid the Charge. 1 Rep. 147.
Rep. 43. If a Man grants that to one, that he hath
4 2
granted
10
-
GR
GR
$
granted before to another, for the like Term, &c.
the fecond Grant will be void. Dyer 23. Perk. Sect.
102. Grants are ufually made by thefe Words, viz.
Have Given, Granted and Confirmed, &c. And Words
in Grants fhall be conftrued according to a reafon-
able Senfe, and not be trained to what is unlikely,
Hob. 304. Alfo it hath been adjudged, that Grants
fhall be expounded according to the Subftance of
the Deed, not the ftri&t Grammatical Senfe; and
agreeable to the Intention of the Parties. 1 Inft.
146, 313.
Form of a Grant of an Annuity out of Lands.
T
make a Grant Non obftante any Statute made or to
be made; if he doth, any fubfequent Statute prohi-
biting what is granted, will be a Revocation of the
Grant. 11 Rep. 87. Dyer 52. Where the King is re-
ftrained by the Common Law to make a Grant, if
he makes a Grant Non obftante the Common Law, it
will not make the Grant good; but when he may
lawfully make a Grant, and the Law requires he
fhould be fully appriſed of what he grants, and
not be deceived, a Non obftante fupplies it, and makes
the Grant good: If the Words are not fufficient to
pafs the Thing granted, a Non obftante will not help.
4 Rep. 35. Nelf. Abr. 904. If a Grant is made by the
King, and a former Grant is in Being of the fame
Thing, if it be not recited, the Grant will be void :
HIS Indenture made, &c. Between A. B. of, And reciting a void Grant, when there is another
&c. of the one Part, and C. D. of, &c. of the good, may make the King's Grant void. Dyer 77.
cther Part, Witneffeth, That the faid A. B. for and in Cro. Car. 143. But there may be a Non obftante to a
Confideration of the Sum of, &c. to him in Hand paid former Grant. If the King is deceived in his Grant,
by the faid C. D. the Receipt whereof is hereby acknow- as where it contains more than was intended to be
ledged, he the faid A. B. hath Given, Granted and Con- granted; or if there be any Deceit in the Confide-
firmed, and by thefe Prefents doth Give, Grant and Con- ration, &c. fuch Grant of the King is void. 5 Rep.
firm unto the faid C. D. and his Affigns, one Annuity of, 94. Moor 293. And the King's Grants may be void
&c. to be received, taken, had, and to be issuing out of by Reafon of Incertainty; as if Debts and Duties
All that Meuage or Tenement fituate, &c. with all are granted, without faying in particular what Du-
and fingular the Hereditaments and Appurtenances there-tics, &c. 12 Rep. 46. But where there is a particu-
unto belonging, and every Part and Parcel thereof; Tolar Certainty preceding, they fhall not be destroyed
have and to hold the faid Annuity or yearly Rent-
Charge of, &c. abovementioned, and every Part and Par-
cel thereof, unto the faid C. D. and his Afſigns, for and
during the natural Life of him the faid C. D. Payable
and to be paid in and upon, &c. yearly and every Year,
by even and equal Portions. And if it shall happen the
faid Annuity or yearly Rent-Charge of, &c. or any Part
thereof, fhall be behind and unpaid, in Part or in all, by
the Space of twenty-one Days next after either of the faid
Days or Times of Payment thereof, whereon the fame should
or of Right ought to be paid, as aforefaid, That then and
fo often, and at any Time thence after, it shall and may
be lawful to and for the faid C. D. and his Affigns, into
the faid Premiffes abovementioned, or into any Part there-
of, to enter and diftrain, and the Diftrefs and Diftreffes
then and there found, to take, lead, drive, carry away
and impound, and the fame in Pound to detain and keep
until the ſaid Annuity, and the Arrears thereof (if any be)
together with all Cofts and Charges thereabout, fhall be
fully paid and satisfied. And the ſaid A. B. for himſelf,
bis Heirs and Affigns, doth covenant and grant to and
with the faid C. D. his Executors, Adminiſtrators and Af
figns, that he the faid A. B. his Heirs and Affigns, fhall
and will well and truly pay, or cauſe to be paid, unto the
faid C. D. or his Afſigns, the ſaid Annuity or yearly Rent-
Charge of, &c. abovementioned, at the Days and Times
and in Manner and Form above expreſſed, according to the
true Intent and Meaning of thefe Prefents. And alfo,
That the faid Meffuage, &c. and Hereditaments above
mentioned to be charged or chargeable with the faid An-
nuity hereby granted, fhall from Time to Time be and
continue over and fufficient for the Payment of the faid
Annuity or Rent-Charge of, &c. yearly, during the Life
of the faid C. D. In Witnefs, &c.
-
"
Gants of the King. The King's Grant is good
for himſelf and Succeffors, tho' his Succeffors are
not named. Yelv. 13. Before the Statute de præroga-
tiva Regis, Dowers, Advowfons, and other Things,
have paffed by the general Grant of the King; but
by that Statute they are to be granted in exprefs
Words. 1 Rep. 50. The King may not grant away
an Eſtate-tail in the Crown, &c. And the Law
takes Care to preferve the Inheritance of the King
for the Benefit of the Succeffor. 2 And. 154 Style
263. But where the King is Tenant in Tail of
Lands, of the Gift of his Anceſtor; he may bar this
Intail by Fine levied, and grant and render, &c.
Fenk. Cent. 307. A Grant may not be made by the
King which tends to a Monopoly against the Inte-
reft and Liberty of the Subject: Nor can the King
by any Incertainty or Miftake which follows: And
there is a Diftinction where a Miſtake of Title is
prejudicial to the King, and when it is in ſome D'e-
feription of the Thing which is fupplemental only,
and not material or iffuable. 1 Mod. 195. The King
grants the Manor of D. which he has by the At
tainder of a certain Perfon, &c. and in Fact the
King bath it not fo; this Grant is void. 10 Rep. 109.
If the King grants a Meffuage of the Value of 51.
a Year to A. B. and it be of the yearly Value of
10 1. the Value being in the fame Sentence with
the Grant, will make it void: Tho' if it be menti-
oned in another Sentence, it may be good. Fenk.
Cent. 261. The Grant of the King to a Corporation,
that they fhall not be impleaded for Lands, ñor for
any Caufe arifing there, elſewhere than before them-
felves, &c. This doth not bind the King where he
is Party: And the King by his Grant cannot ex-
clude himself from profecuting Pleas of the Crown;
for it concerns the publick Government. Kelw. 88.
Dyer 376. Fenk. Cent. 190.
Grantz, Is used for Grandees, in the Parl. Roll.
6 Ed. 3. n. 5, 6. —
autre Grantz, &c.
Et les ditz Countz, Barons, &s
with a Plough; whence the customary Service for
Gals-hearth, The Grafing or Turning up the Earth
the inferior Tenants of the Manor of Amerſden in
Oxfordshire, to bring their Ploughs and do one Day's
Work for their Lord, was called Grafs-hearth or
Grafs-burt: And we ſtill fay the Skin is grafed or
flightly hurt, and a Bullet grafes on any Place, when
it gently turns up the Surface of what it strikes
upon. Paroch. Antiq. 496, 497.
Gaba, À little Wood or Grove: Unam Ca-
Mon. Ang. Tom. 2. p. 198. Co. Lit. 4.
rucatam terræ cum Gravis & Pafturis eidem pertinen.
ment. Leg. Etheld. c. 19.
Gzabare a Gravatío, An Accufation or Impeach-
Grabe. The Names of Places ending with Grave,
come from the Sax. Graf, a Wood, Thicket, Den,
or Cave.
Gzavers, Of Seals and Stones ſhall give to every
one their Weight of Silver and Gold, on Pain of
Impriſonment. Stat. 7 Ed. 3. c.7.
Cattle, mentioned in the Stat. 25 H. 8. See Cattle.
Grazier, (Pecuarius) A Breeder or Keeper of
Temporal Lords in the higher Houfe of Parlia-
Great Men, Are fometimes understood of the
ment, as by Stat. 43 Ed. 3. cap. 2. and fometimes
of the Members of the Houfe of Commons, as by
2 R. 2.
Great
GR
GU
Great Seal of England. See Keeper of the Great
Seal, and Treafon.
Gree, (Fr. Gre, i. e. good Liking or Allowance)
In our Law fignifies Satisfaction; as to make Gree
to the Parties, is to agree with and fatisfy them for
an Offence done. And where it is faid in our Sta-
tutes, that Judgment fhall be put in Sufpence till
Gree is made to the King of his Debt; it is taken
for Satisfaction. 1 R. 2. c. 15. 25 Ed. 3. c. 19.
Green Cloth, Of the King's Houfhold, fo term'd
from the Green Cloth on the Table, is a Court of Ju-
ftice compos'd of the Lord Steward, Treasurer of
the Houfhold, Comptroller, and other Officers, to
which is committed the Government and Over-
fight of the King's Court, and the Keeping of
the Peace within the Verge, &c. See Counting
Houſe.
Greenhew or Green-hue, Is all one with Vert in
Forefts, &c. Manwood, Par. 2. c. 6. num. 5.
Greenland Company. A Joint-Stock of 40,000 1.
was by Statute to be raiſed by Subfcribers, who
were incorporated: And the Company to uſe the |
Trade of catching Whales, &c. into and from Green-
land, and the Greenland Seas; they may make By-
Laws for Government, and of Perfons employed in
their Ships, c. Stat. 4 & 5 W. 3. c. 17. But any
Perfons who will adventure to Greenland for Whale
Fiſhing, ſhall have all Privileges granted to the
Greenland Company, by 1 Ann. c. 16. Any Subjects
may import Whale-Fins, Oil, &c. of Fish caught in
the Greenland Seas, without paying any Customs, &c.
Stat. 10 Geo. 1. c. 16. And Ships employed in the
Greenland Fishery are to be of fuch Burden, provi-
ded with Boats, fo many Men, Fiſhing-Lines, Harp-
ing Irons, &c. and be licensed to proceed; and on
their Return fhall be paid 20 s. per Tun Bounty,
for Whale-Fins, &c. imported. 6 Geo. 2. c. 33. A
further Bounty or Allowance of 10 s. a Tun, is
granted to this Company, to be paid by the Com-
miffioners of the Cuftoms, during the War; and the
Seamen fhall not be imprefs'd from that Service,
by 13 Geo. 2. cap. 28.
-
Green-Silver. There is an antient Cuftom within
the Manor of Writtel in the County of Effex, that
every Tenant whofe Fore-door opens to Greenbury,
fhall pay a Half
penny yearly to the Lord, by the
Name of Green-Silver.
Green Wax, Is where Eftreats are delivered to
the Sheriffs out of the Exchequer, under the Seal of
that Court, made in Green Wax, to be levied in the
ſeveral Counties: This Word is mentioned in the
Stat. 43 Ed. 3. c. 9. and 7 H. 4. c. 3.
Greenwich Hospital. A Duty is laid on all Fo-
reign-built Ships for Relief of decay'd Seamen in
Greenwich Hospital, &c. by Stat. 1 Fac. 2. cap. 18.
And every Seamen fhall allow out of his Wages 6 d.
a Month, for the better Support of the faid Hofpi-
tal: For which Duty, Receivers are appointed,
who may depute Officers of the Cuftoms, &c. to
collect the fame, and examine on Oath Mafters of
Ships, &c. 10 Ann. 2 Geo. 2. cap. 7. See Navy and
Mariner.
Bebe, (Sax. Gerefa) A Word of Power and Au-
thority, fignifying as much as Comes or Vicecomes;
and hence comes our Shreive, Portreve, &c. which
by the Saxons were written Sciregerefa, Portgerefa
Lambert in his Expofition of Saxon Words, Verbo
Præfectus, makes it the fame with Reve. See Hove
don Part. pofter. Annal. fol. 346.
Grocers, Were formerly thofe that engroffed
Merchandize. Stat. 37 Ed. 3. c. 5. It is now a par-
ticular and well known Trade; and the Cuſtom Du-
ties for Grocery Wares and Drugs, are particularly
afcertained, by the Statute 2 W. & M. Seff. 2. c. 4.
Vide Aromatarius.
Gonna, A deep Pit, or bituminous Place, where
Turfs are dug to burn. Hoved. 438. Mon. Angl. Tom.
t. pag. 243.
Groom, Is the Name of a Servant in fome infe-
rior Place. 33 H. S. c. 19. and is generally applied
to Servants in Stables: But it hath a Special Signi-
fication, extending to Groom of the Chamber; Groom
of the Stole, &c. which laft is a great Officer of the
King's Houfhold, whofe Precinct is properly the
King's Bed-Chamber, where the Lord Chamberlain
hath nothing to do; and Stole fignifics a Robe of
Honour, and not a Clofe-ftool, as vulgarly appre-
hended. Lex Conftität. p. 182. Vide Garcio.
Groom-Pozter, An Officer or Superintendant o-
ver the Royal Gaming Tables; and in Latin is writ
Aula Regia janitor Primarius.
Grols, (Groffus) In Groſs, abfolute, entire, not de-
pending on another; as antiently a Villein in Grofs
was fuch a fervile Perfon as was not appendant or
annexed to the Lord or Manor, and to go along
with the Tenure as appurtenant to it; but was like
the other perfonal Goods and Chattels of his Lórd,
at his Lord's Pleaſure and Diſpoſal: So alfo Advow-
fon in Grofs differs from Advowfon Appendant, being
diftin&t from the Manor. Co. Litt. 120.
Groffe bois, (Fr. Gros bois, i. e. great Wood) Sig-
nifics fuch Wood as by the Common Law or Cuſtom
is reputed Timber. 2 Inft. 642.
Grols-weight, The whole Weight of Goods or
Merchandize, Duft and Drofs mix'd with them, and
of the Cheft, Bag, &c. out of which Tare and Tret
are allowed. Merchant's Dict.
Grot, (Fr.) A Den, Cave, or hollow Place in the
Ground; alfo a fhady woody Place, with Springs
of Water. L. Fr. Diet.
Groundage, A Cuſtom or Tribute paid for the
ftanding of a Ship in a Port.
Groule, Are the Red and Black Heath-Game, for
preferving of which, no Heath, Furze or Fern
fhall be burnt on any Heaths, Moors or other
Waftes, between the 2d of February and 24th of June,
by Star. 4 & 5 W. & M. c. 23.
Growme, An Engine to ftretch Woollen Cloth af-
ter it is woven; mentioned 43 Ed. 3. c. 10.
Growth-halfpenny, Is a Rate fo called, and paid
in fome Places for the Tithe of every fat Beaſt, Ox,
or other unfruitful Cattle. Clayton's Rep. 92.
Guarii, (From the Fr. Gruyer) Signifies the prin-
cipal Officers of the Foreft in general.
Guard, (Fr. Garde, Lat. Cuftodia) A Cuftody or
Care of Defence. And fometimes it is used for
thofe that attend upon the Safety of the Prince,
called the Life Guard, &c. fometimes fuch as have
the Education and Guardianship of Infants; and
fometimes for a Writ touching Wardship, as Droit de
Gard, Ejectione de Gard, and Ravishment de Gard.
F. N. B. 139.
Guardian, (Fr. Gardein, Lat. Cuftos, Guardianus)
Signifies him that hath the Charge or Cuftody of
any Perfon or Thing; but most commonly he who
hath the Cuftody and Education of ſuch Perſons as
are not of fufficient Diferetion to guide themselves
and their own Affairs, as Children and Ideots, (ufu-
ally the former) being as largely extended in the
Common Law as Tutor and Curator among the Civi-
lians. Blount. And a Guardian is either Legitimus, Te-
ftamentarius, Datus, or Cuftumarius: He that is a le-
Grith-gitimate or lawful Guardian is fo Fure Communi, or
Fure Naturali; the first as Guardian in Chivalry, in
Fact or in Right; the other de Fure Naturali, as
Father or Mother: A Teftamentary Guardian was by
Grils, A kind of ſmall Fiſh. Stat. 22 Ed: 4.
Grith, Is a Saxon Word, fignifying Peace. Terms
de Ley 179.
Gjithbreche, (Sax. Grythbryce, i. c. Pacis fractio)
Breach of the Peace.
In caufis Regiis
breche 100 Sol. emendabit. Leg. Hen. 1. c. 36.
Gzíthatole, (Sax. Sedes Pacis) A Place of San&tu-
ary. See Fridftol.
the
}
GU
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A
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y
the Common Law; for the Body of the Minor was may maintain Action of Treſpaſs, . againſt un-
to remain with him who was appointed, till the Age lawful Takers away of fuch Children, and take
of Fourteen; and as for his Goods it might be lon- into Cuftody their Lands, &c. And by this Statute
ger, or as long as the Teftator appointed; but as to the Father may appoint a Guardian to bis Heir for
this Matter there are feveral Statutest Guardianus any Time till he is twenty one Years old; and fuch
Datus was by the Father in his Life-time, or by the Guardian ſhall have the like Remedy for his Ward
Lord Chancellor after the Death of the Father; and as the Guardian in Socage had at Common Law.
where there is a Guardianship by the Common Law, Nelf. Abr. 911. But if the Father appoint no Guar-
the Lord Chancellor can order and intermeddle; dian to his Child, the Ordinary or Spiritual Court
but were by Statute, he cannot remove either the may appoint one for the perfonal Eftate until the
Child or the Guardian: Guardianship by Custom is of Age of Fourteen: And as to his Lands, there ſhall
Orphans by the Cuftom of London, and other Cities be a Guardian in Socage, &c. as heretofore. 2 Lev.
and Boroughs; and in Copyhold Manors, by the 262. If a Bishop appoints a Guardian of Goods and
|
Cuftom it may belong to the Lord of the Manor to Lands, it will be void; for it may be only of Goods
be Guardian bimfelf, or to appoint one. 3 Salk. Rep. and Chattels : And Guardianship is a Thing cogniſable
176, 177. The Guardianships by the Common Law, by the Temporal Courts, where a Devife is made of
are Guardians in Chivalry; (taken away by Statute) it, which Courts are to judge whether the Deviſe
Guardians by Nature, fuch as the Father or Mother: be purfuant to the Statute. Ventr. 207. A Copy-
Guardians in Socage, who are the next of Blood, to hold Tenant is not within the Statute 12 Car. 2. to
whom the Inheritance cannot defcend, if the Father difpofe of the Cuftody of his Children; for it belongs
does not order it otherwife; and Guardian because to the Lord or others, according to the Cuftom of the
of Nurture, when the Father by Will appoints one Manor: But the Lord of a Manor hath no Power
to be Guardian of his Child. 1 Inft. 88. 2 Inft. 305 by the Common Law, without fome particular Cuſtom,
3 Rep. 37. The Duty and Office of the Guardian in to grant the Guardianship of an Infant Copyholder.
Socage, is to educate the Heir, and preferve his 3 Lev. 395. Lutw. 1190. Guardianships are not only
Eftate, and Writings of his Land; and not to make by the Common Law, by Statute Law, and by parti-
any Destruction on the Eftate, but to manage it for cular Cuftom; but are alſo diſtinguiſhed into Guar
his utmost Advantage. And where Land defcends dian in Socage, Guardian appointed by the Father,
of the Part of the Father, there the next of Kin and Guardian affigned by the Court. 1 Žill. Abr. 655.
on the Part of the Mother fhall have the Guardian- And a Father or Mother, without Affignment, are
Ship: And fo on the other Side, and not fuch a Guardians of Women, Children, &c. Stat. 4. & P.
Kinfman as may have any Benefit by his Death. & M. c. 8. A Female Infant may be brought in o
i Cro. 825. Moor cap. 872. The eldeſt Son of the Court, and ask'd whether the be willing to ft-
Half Blood fhall be Guardian in Socage to a Son by with her Guardian. 2 Lev. The Husband of a Wo-
the ſecond Venter: And the Guardianship in Socage man under Age cannot difavow a Guardian made by
continues till the Minor accomplishes the Age of the Court for his Wife. 1 Vent. 185. An Infant 'tis
fourteen Years, and then he may chufe his Guar- faid cannot revoke the Authority of the Guardian :
dian before a Judge at his Chamber, or in Court, or But the Court may discharge one Guardian, at their
in the Chancery: Alfo after the Minor is come to Difcretion, and affign another; and the juftices of
the Age of fourteen, he may fue his Guardian in Nifi prius, &c. may affign a new Guardian. Palm.
Socage to Account as Bailiff, &c. Cro.. Fac. 219 252. Stile 456. Noy 49. 1 Danv. Abr. 604. The Court
Though a Father is Guardian by Nature, yet a Man will affign a Guardian to an Infant to fue or defend
may be Guardian to an Infant against his Father, Actions, if the Infant comes into Court and defires
for Prevention of Wafte; which is a Forfeiture of it; or a Judge at his Chamber, at the Defire of
Guardianship. Hard. 96. Guardian in Socage hall the Infant, may affign a Perfon named by him to
make no Waſte nor Sale of the Inheritance, but be his Guardian; but this laft is no Record until en-
keep it fafely for the Heir: And where there hath tered and filed with the Clerk of the Rules: The
been fome Doubt of the Sufficiency of a Guardian Heir must be in Perfon in Court, for the Appoint-
in Socage, the Chancery hath obliged him to give ment of a Guardian for his Appearance. 1 Lill. 656.
Security. 2 Mod. 177. Alfo a Guardian may be or- 2 Leon. 238. Guardians to Infants, appointed by the
dered to enter into Security by Recognizance not Court to fue, may acknowledge Satisfaction upon
to fuffer a Female Infant to marry whilft in his Record, for a Debt recovered at Law for the In-
Cuftody; and to permit, other Relations to vifit fant. Trin. 23 Car. B. R. A Guardian in Socage may
her, &c. 2 Lev. 128. And the Court of Chancery keep Courts in the Infant's Manors in his own
will make fuch Guardian give Security not to mar- Name, grant Copies, &c. He is Dominus pro Tem-
ry the Infant without the Court is first acquainted pore, and hath an Intereſt in the Lands. Cro. Fac. 91.
with it. 2 Chan. Rep. 237. Before the A&t of 12 Car. 2. Such a Guardian may let the Land for Years, and
Tenant in Socage might have difpofed of his Land avow in his own Name and Right; and his Leffee
in Truft for the Benefit of the Heir; but it is faid for Years may maintain Ejectment: But he cannot
he could not devife or difpofe of the Guardianship or prefent to an Advowfon, for which he may not
Cuftody of the Heir from the next of Kin to whom lawfully Account; and the Infant must preſent of
the Land could not defcend, because the Law gave whatfoever Age. Cro. Fac. 98, 99. Though it is
the Guardianship to fuch next of Kin. Keilw. 186. faid if the Infant be within the Age of Difcretion,
A Guardian
But now Tenant in Socage may nominate whom he his Guardian may prefent. 8 E. 2. 10.
pleaſes to have the Cuftody of the Heir, and the for Nurture of the Minor appointed by Will, hath
Land fhall follow the Guardianship, as an Incident Power to make Leafes at Will only. Cro. El. 679, 734.
given by Law to attend the Cuftody; and fuch Guardians are to take the Profits of the Minor's
Special Guardian cannot affign the Cuftody by any Lands, c. to the Ufe of the Minor, and account
A&t, the Truft being Perfonal; nor shall it go to for the fame: They ought to fell all Moveables in
the Executor or Adminiftrator of the Guardian, but a reaſonable Time, and turn them into Land or
determines by his Death. Vaugh. 180. Dyer 189. Money, except the Minor is near of Age, and may
Guardianship by Statute is by the 12 Car. 2. c. 24. by Want fuch Goods himself: And they shall pay In-
which it is enacted, That a Father by Deed in his tereft for Money in their Hands, which might have
Life-time, or by Will, may difpofe of the Cuftody been put out at Intereft; in which Cafe it shall be
of his Child under twenty-one Years of Age, and prefumed the Guardians made use of it themselves.
not married at the Time of his Death, and whether 3 Salk. 177. A Guardian fhall anfwer for what is loft
then born, or in Ventre fa Mere, during the Mi- by his Fraud, Negligence or Omiffion; but not for
nority, to any Perfons not Popifh Recufants, who any cafual Events, as where the Thing had been
well
2
GU
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well but for ſuch an Accident. Litt. 123. On account-
ing of Guardians, they fhall have Allowance of Cofts
and Expences; and if they are robb'd, c. without
any Default or Negligence, they fhall be difcharged
thereof. Inft. 89. In Guardianships of great Eftates,
the Guardians generally pafs their Accounts yearly
in the Chancery, for their better Juftification when
the Minor calls them to a general Account at his
full Age. By Statute, Guardians are to retain the
Lands till the Heir comes of Age, and then reffore
the fame as fully ftock'd, &c. as received. 9 H. 3.
c. 3. They fhall fuftain the Land, without Deftruc-
tion of any Thing. 3 Ed. 1. c. 21. And Perfons,
who as Guardians hold over, without the Confent of
the Perfon next entitled, fhall be adjudged Tref
paffers, and be accountable for Profits, &c. Stat. 6
Ann. c. 18. A&tion of Account may be brought a-
gainst the Executors or Adminiftrators of a Guardian,
c. Stat. 4 & 5 Ann. A Guardianship of a Minor
is an Intereft in the Body and Lands, &c. of one
within Age.
K
An Election of a Guardian by a Minor.
fhop is of any Dioceſe in his Province; or Guardian
by Delegation, being he whom the Archbishop or Vicar
General doth for the Time appoint. 13 Eliz. c. 12.
And the Guardian of the Spiritualities hath all Manner
of Ecclefiaftical Jurifdiction of the Courts, Power
of granting Licences and Difpenfations, Probate of
Wills, c. during the Vacancy, and of admitting
and inftituting Clerks prefented; but fuch Guar
dians cannot as fuch confecrate or ordain, or pre-
fent to any Benefices. Wood's Inft. 25, 27.
Guelt, (Sax. Geft, Fr. Gift, a Stage of Reft in a
Journey) A Lodger or Stranger in an Inn, &c. A
Guest who hath a Piece of Plate fet before him in
an Inn, may be guilty of Felony in fraudulently
taking away the fame. 1 Hawk. P. C. 90. And a
Gueft having taken off the Sheets from his Bed, with
Intent to fteal them, carried them into another
Room, and was apprehended before he could get
away; this was adjudged Larceny. Ibid. 92. Ac-
tion lies againft an Inn-keeper, refufing a Guest
Lodging, &c. Sec Inn.
Guidage, (Guidagium) Is an old legal Word, fig-
nifying that which is given for fafe Conduct thro'
a ftrange Land, or unknown Country. Et Guida-
gium quod datur ali ui, ut tuto conducatur per terram
NOW all Men by thefe Prefents, That I A. B. alterius. Confuetud. Burgund. p. 119. 2 Inft. 526.
Son and Heir of, &c. deceased, being now about Guild, (From the Sax. Guildan, to pay) Signifies
the Age of eighteen Years, have elected and chofen, and by a Fraternity or Company, because every one was
thefe Prefents do elect and chufe C. D. of, &c. to be Guar-Gildare, i. e. to pay fomething towards the Charge
dian of my Perfon and Eftate, until I shall attain the Age
of twenty-one Years, and I do hereby Promife to be Ruled
and Governed by him in all Things touching my Welfare;
and I do authorize and impower the faid C. D. to enter
upon and take Poffeffion of all and every my Meffuages,
Lands, Tenements, Hereditaments and Premiffes whatfo
ever, fituate lying and being in, &c. in the County of, &c.
or elsewhere, whereunto I have or may have any Right or
Title, and to let and fet the fame, and receive and take
the Rents, fues and Profits thereof, for my Ufe and
nefit, during the Term aforefaid; giving and hereby grant
ing unto the faid C. D. my full Power in the faid Pre
miffes; and whatsoever be shall lawfully do or caufe to
be done in the Premiffes, by Virtue hereof, I do hereby pro-
mife to ratify and confirm. In Witnefs, &c.
and Support of the Company. The Original of
thefe Guilds and Fraternies, is faid to be from the
old Saxon Law; by which Neighbours entered into
an Affociation, and became bound for each other,
to bring forth him who committed any Crime, or
make Satisfaction to the Party injured, for which
Purpoſe they raifed a Sum of Money among them-
felves, and put it into a common Stock, whereout
a pecuniary Compenfation was made according to the
Be-Quality of the Offence committed. From hence
came our Fraternities and Guilds; and they were
in Ufe in this Kingdom long before any formal Li-
cences were granted for them: Though at this Day
they are a Company combined together, with Or-
ders and Laws made by themfelves, by the Prince's
Licence. Camd. Guildam Mercatoriam, or the Mer-
chant's Guild, is a Liberty or Privilege granted to
Merchants, whereby they are enabled to hold cer-
tain Pleas of Land, &c. within their own Precin&
37 E 3. 15 R. 2. And Guildhalls are the Halls of
thofe Societies, where they meet and make Laws,
Guardian de l'eftemary, Is the Guardian or War
den of the Stannavies, or Mines in the County of
Cornwal, &c. 17 Car. I. c. 15.
Guardians de l'Eglis, Churchwardens who are
Officers chofen in every Pariſh to have the Care
and Cuftody of the Church Goods; and they may for their better Government. King Ed. 3. in
have an A&ion for fuch Goods, and have divers Pow-the 14th Year of his Reign, granted Licence to the
ers for the Benefit of the Church. Stat. 43 Eliz. Men of Coventry to erect a Merchants Guild, and alfo
cap. 2.
a Fraternity of Brethren and Sifters, with a Mafter
Guardians of the Peace, Are thofe that have the or Warden, and that they might make Chantries,
Keeping of the Peace; Wardens or Confervators there-beftow Alms, do other Works of Piety, and confti-
of. Lamb. Eiren. lib. 1. cap. 3.
&c.
tute Ordinances touching the fame, c. And King
H. 4. in the 4th Year of his Reign, gave Licence to
found a Guild of the Holy Cross at Stratford upon
Adon. Antiq. Warwickh. 119, 522. Guild or Gild, is
alſo uſed for a Tribute or Tax, an Amercement, &c.
Guardian of the Cinque Dots, Is a Magiftrate
that hath the Jurifdiction of the Ports or Havens,
which are commonly called the Cinque Ports, who has
there all the Authority and Jurifdiction the Admi-
ral of England has in Places not exempt: And Cam-27 Ed. 3. 11 H. 6. 15 Car. 2. See Geld.
den believes this Warden of the Cinque Ports was firft
erected among us in Imitation of the Roman Policy,
to ftrengthen the Sea-Cofts againit Enemies, &c.
Camd. Brit. 238.
Guild-hall, Or the Chief Hall of the City of
London, for the Meeting of the Lord Mayor and
Commonalry of the Ciry, making Laws and Ordi-
nances, holding of Courts, &c. Gildarum nomine
continentur non folum minores Fraternitates, fed ipfe eti
Guardian of the Spiritualities. The Perfon to
whom the Spiritual Furifdiction of any Diorefe is com-am Civitatum Communitates. Spelm.
mitted, during the Vacancy of the See, is called by
this Name. 25 H S. c. 21. The Archbishop is Guardian
of the Spiritualities on the Vacancy of any See within
his Province; but when the Archiepifcopal See is va-
cant, the Dean and Chapter of the Archbishop's
Diocefe are Guardians of the Spiritualities, viz. the
Spiritual Jurifdiction of his Province and Diocefe
is committed to them. 2 Rol. Abr. 223. 25 H. S. The
Guardian of the Spiritualities it is faid may be either
Guardian in Law, Fure Magiftratus, as the Archbi-
Guildhalda Teutonica um. The Fraternity of
Easterling Merchants in London, called the Still-yard.
22 Hen. 8. c. 8.
Guild Bents, Are Rents payable to the Crown,
by any Guild or Fraternity; or fuch Rents as for-
merly belong'd to Religious Guilds, and came to the
Crown at the general Diffolution of Monafteries,
being ordered to be fold by the Stat. 22 Car. 2. c. 6.
Guilder, Foreign Coin: The German Guilder is
3 s. Sd. and the golden, one in fome Parts of Ger-
SA
many
1
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1
10
Guti and Gotti, Engl. Goths, called fometimes
Jute, and by the Romans Gete, is derived from the
old Word Fet, which fignifies a Giant: They were
one of thofe three Nations or People who left Ger-
many, and came to inhabit this Iland. Leg. Edw
Confel. c. 35.
Buttera, A Gutter or Spout to convey the Water
from the Leads and Roofs of Houſes: And there
are Gutter Tiles, eſpecially to be laid in fuch Gut
ters, &c. mentioned in the Statute 17 Ed. 4.
Gwabz-merched, Is a British Word which fignifies
a Payment or Fine, made to the Lords of fome
Manors, upon the Marriage of their Tenants
Daughters; or otherwife on their committing In-
contineney. See Marchett.
many 4 s. 9 d. In Portugal it paffes for 55. but the
Poland and Holland Gelder is but 2 5. In Holland
Merchants keep their Accounts in Guilders, &c.
Gule of August, (Gula Augufti, alias Goule de Au-
guft) Is the Day of St. Peter ad Vincula, which is
celebrated on the 1st of August, and called the Gule
of Auguft, from the Lat. Gula, a Throat, from this
Reafon, that one Quirinus a Tribune, having a
Daughter that had a Diſeaſe in her Throat, went to
Pope Alexander, the Sixth from St. Peter, and de-
fired of him to fee the Chains that St. Peter was
chained with under Nero, which Requeft being
granted, fhe the faid Daughter kiffing the Chains,
was cured of her Difeafe: Whereupon the Pope in-
ftituted this Feaft in Honour of St. Peter; and, as be-
fore, this Day was termed only the Calends of August, Gwalkow, (Sax.) A Place of Execution: Om-
it was on this Occafion called indifferently either St. nia Gwalltowa, i. e. Occidendorum loca, totaliter Regis
Peter's Day ad Vincula, from what wrought the Mi-funt in foca fua. Leg. Hen, 1. c. 11.
racle, or the Gule of August, from that Part of the
Virgin whereon it was wrought. Durand's Rationale
Divinorum, lib. 7. cap. 19. It is mentioned F. N. B.
62. Plowd. 316. Stat. Weftm. 2. cap. 30. 27 Ed. 3.
Guns. None may fhoot in, or keep in his
Houfe any Gun, Hand-gun, &c. who hath not Lands
to the Value of 100l. a Year, in Pain of 10l. Nor
ſhall any Perfon fhoot in fuch Guns, under the
Length of one Yard, or three Quarters of a Yard,
under the like Penalty: If any do fo, one that
hath 100l. per Ann. Land, may feize the Guns un-
lawfully kept and uſed; but then he must break
them within 20 Days, or fhall forfeit 40 s. In Fo-
refts, Parks and Chaſes, thofe who have Power
Gylpur, The Name of a Court held every three
in
Weeks in the Liberty or Hundred of Pathbew,
the County of Warwick. Inquific. ad quod Damn.
13 Ed. 3.
Gyltwite, A Compenfation or Amends for Tref
pafs, &c. Multa pro Tranfgreffione. LL. Edgar. Re-
gis, Anno 964.
Gyzobagi, Wandering Monks, who pretending
great Piety left their own Cloifters, and vifited
others. Matt. Parif. p. 490.
H.
Abeas Corpoza, Is a Writ for the Bringing up
from the King to take away Guns, may retain the Hjury, or fo many of them as refule to ap
fame. Stat. 33 H. 8. c. 6.
a
pear upon the Venire facias, for the Trial of any
Caufe brought to Iffue. Old Nat. Br. 157. And the
Habeas Corpora Furatorum in the Court of C. B. ferves
for the fame Purpofe as the Diftringas Jurator. in
B. R. It commands the Sheriff to have the Jurors
before the Judges at fuch a Day, to pafs on the
Trial of certain Parties, in fuch a Caufe, &c.
Practif. Solic. 308, 309.
Gunpowder. It is lawful for all Perfons, as
well Strangers as natural-born Subjects, to import
any Quantities of Gunpowder, or Salt-Petre, Brim-
ftone, and other Materials for the making thereof,
and to make and fell Gunpowder, &c. Stat. 16 Car. 1.
C. 21. But no Perfon fhall keep more than 600 lb.
Weight of Gunpowder, in any Places in the Cities of
London and Westminster, or the Suburbs, &c. And
Perfons keeping more, not removing it, on Order of Habeas Corpus, The great Writ of English Li-
Juftices of Peace, fhall forfeit 20s. for every hun-berty, lies where one is indicted for any Crime or
dred Weight: Gunpowder is to be carried in covered Treipafs before Juftices of Peace, or in a Court of
Carriages, the Barrels clofe jointed, or in Cafes, any Franchife, and being imprifoned for the fame,
Bags of Leather, c. 5 Geo. 1. cap. 26. By a fubfe hath offer'd fufficient Bail, but it is refufed where
quent A&t, it is unlawful for any Perfon to keep in bailable; he may then have this Writ out of the
London, &c. above 200 lb. Weight of Gunpowder at King's Bench to remove himſelf thither, and anſwer
one Time, beyond the Space of twenty-four Hours, the Caufe there. F. N. B. 250. And the Courſe in
which incurs a Forfeiture of the Powder, or the this Cafe is firft to procure a Certiorari out of the
Value: And two Juftices may caufe Searches to Chancery, directed to the Juftices for removing the
be made, and the fame to be feized and amoved, &c. Indictment into B. R. And upon that to procure
Perfons obftructing the Search, incur the Penalty this Writ to the Sheriff, for the Caufing his Body to
of 51. Alſo none fhall ufe Iron or Steel Hammers, be brought at a Day. Reg. Jud. S1. This Writ is
where Gunpowder is, on Pain of 205. 11 Geo. I. c. alfo ufed to bring the Body of a Perfon into Court,
23. Perfons who are no Dealers therein are not to who is committed to any Gaol, either in Criminal
keep above 50 lb. of Gunpowder, in London and Weft- or Civil Caufes; and a Habeas Corpus will remove a
minster, or if they deal in it, not more than 200 Perfon and Caufe from one Court and Priſon to an-
Weight longer than twenty-four Hours, tho' under other. The Writ of Habeas Corpus was originally or-
different Roofs; or on the Thames, except in Ships dained by the Common Law of the Land, as a Re-
paffing or detained, on Pain of forfeiting all fuch medy for fuch as were unjustly impriſoned, to pro-
Gunpowder, &c. A Juftice of Peace may iffue his cure their Liberty; and it is a miſtaken Notion that
Warrant to ſearch for dangerous Quantities of Pow- this Writ is of a modern Date, and introduced with
der, and break open any Place, if there be Occa- the Reign of King Charles 2. But before the Sta-
fion to feize the fame; which may be removed out tute 31 Car. 2. 'tis true it was difficult to be ob-
of the Limits aforefaid, and kept 'till determined tained, because the Judges who had Authority to iffue
in one of the Courts, whether it be forfeited, &c.it, pretended to have Power either to grant or deny
And if any Perfons permit others to have Gunpowder it; and the Sheriffs and Gaolers to whom the Writ
in Places not belonging to the Owners, they fhall was directed frequently put poor Priſoners to the
forfeit 1 s. for every Pound. Stat. 15 Geo, 2. cap. 32. Charges of a fecond, and third Habeas Corpus, before
No Gunpowder fhall be put on board Ships, above they would yield Obedience to the first; which be-
Blackwall in the River Thames, under 51. Penaltying grievous to the People, the Stat. 31 Car. 2. was
for every 50 lb. Weight, c. by 5 Geo. 2. c. 20.
Gurgites, Is uſed as a Latin Word for Weares:
Tres Gurgites in Aqua de Monew attachiantur per Ho-
mines de Groffomonte. Black Book Hereford, f. 20. See
Gorce.
S
enacted to prevent Abules of this Nature, and fur-
ther our Laws for the Benefit of the Liberty of the
Subje&t. Laws of Liberty, pag. 44, 45. By the Sta-
tute 31 Car. 2. cap. 2. a Perfon in Prifon may have
an Habeas Corpus from any Judge, on Complaint
made
HA
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;
}
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{
will not grant a Habeas Corpus in the Vacation, for a
Prifoner to follow his Suits; but the Court may
grant a fpecial Habeas Corpus for a Prifoner to be at
Court may grant a Habeas Corpus to bring a Priſoner,
not in Prifon on Execution, out of Prifon, to be a
Witnefs at a Trial; though it is at the Peril of the
Party fuing out the Writ, that the Prifoner do not
efcape. Style 119. Trin. 1640. But no Perfon ought
to take out a Habeas Corpus for any one in Prison,
without his Confent; except it be to turn him over
to B. R. or charge him with an Action in Court.
2 Lill. A Man brought into B. R. by Habeas Corpus,
fhall not be removed thence till he has anſwered
made and View of the Copy of the Warrant of
Commitment, (unless he be committed for Treafon
or Felony especially expreffed in the Warrant, or
other Offences or Matters not bailable) which Habis Trial in the Vacation-time. Ibid. 3. And the
beas Corpus fhall be returnable immediately; and
upon Certificate of the Caufe of Commitment, the
Prifoner fhall be diſcharged on Bail to appear in
the Court of B. R. the next Term, or at the next
Affizes, &c. where the Offence is cognifable: And
Perfons committed for Treafon or Felony, (efpe-
cially expreffed in the Warrant) on Prayer in open
Court, the first Week of the Term, or Day of Sef
fions, &c. are to be brought to Trial; and if not
indicted the next Term, or Seffions after Commit-
ment, upon Motion the laft Day of the Term, &c.there; he fhall be detained until then, and after he
they fhall be let out upon Bail; except it appears may be removed. 1 Salk. 350. A Perfen is in Cu-
upon Oath, that the King's Witneffes are not ftody upon a Criminal, and alfo on a Civil Mac-
ready; and if on Prayer they are not indicted or ter, if he would move himself by Habeas Corpus,
tried the fecond Term after Commitment, they there ought to be but one Habeas Corpus of the
fhall be difcharged. No Perfons who fhall be de- Crown Side or Plea Side, and both Caufes are to
livered upon an Habeas Corpus, fhall be committed be returned. Mod. Caf. 133. If there be Judgment
again for the fame Offence, other than by legal against a Defendant in the Court of B. R. and an-
Order and Procefs of fuch Court where they other in C. B. on which he is in Execution in the
fhall be bound to appear, or other Court having Fleet, he may have an Habeas Corpus to remove him-
Jurifdi&tion of the Caufe; on Pain of 5001. And felf into B. R. where he fhall be in Cuftody of the
if any Perſon be in Prifon, or any Officer's Cufto- Marfhal for both Debts. Dyer 132. Where the
dy, for any Criminal Matter, he fhall not be re- Chief Juftice of the Court of King's Bench commits
moved by him into the Cuftody of any other Officera Perfon to the Marſhal of the Court by his War-
but by Habeas Corpus, upon Pain of incurring the rant, he ought not to be brought to the Bar by
Penalty of 100l. for the first Offence, and 2001. Rule, but by Habeas Corpus. 1 Salk. 349. In extra-
for the fecond Offence, and being difabled to exe-judicial Commitments, the Warrant of Commitment
cute his Office. No Perfon fhall be fent Prifoner to ought to be returned in hec verba on a Habeas Cor-
Ireland, Scotland, or any Place beyond the Seas inpus; but when a Man is committed by a Court of
the King's Dominions; which will be falfe Impri- Record, it is in the Nature of an Execution for a
fonment, on which the Priſoner may recover treble Contempt, and in fuch Cafe the Warrant is never
Cofts, and not less than 500l. Damages, &c. and the returned. 5 Mod. 156. The Caufe of the Impri-
Party committing or detaining him alfo fhall incur fonment must be particularly fet forth in the Re-
the Penalty of a Pramunire. Judges denying a Ha-turn of the Habeas Corpus, or it will not be good;
beas Corpus fhall forfeit 500l. And the Officer re- for by this the Court may judge of it, and with a
fufing to obey it, or to deliver a true Copy of the Paratum habeo, that they may either diſcharge, bail,
Commitment Warrant, is liable to a Forfeiture of or remand the Prisoner. 2 Nelf. Abr. 915. 2 Cro. 543.
100 for the first Offence, &c. Stat. Ibid. This If a Commitment is without Caufe, or no Caule is
is the Subſtance of the Habeas Corpus Act; which fhewn, a Priſoner may be delivered by Habeas Cor-
hath been ſuſpended feveral Times in late Reigns, pus. 1 Salk. 348. But on a Habeas Corpus granted by
on Rebellions, &c. No Writ of Habeas Corpus, or the Court of B. R. a Difference was made as to
other Writ to remove a Caufe out of an Inferior Return; that where a Prifoner is committed by
Court, fhall be allowed, except delivered to the one of the Privy Council, there the Caufe of his
Judge of the Court, before the Jury to try the Commitment is to be returned particularly; but
Caufe have appeared, and before any of them are when he is committed by the whole Council, no
fworn. 43 Eliz. cap. 5. And Writs to remove Suits Caufe need be alledged. i Leon. 70, 71. And it has
í
commenced in an Inferior Court of Record fhall been adjudged, that on a Commitment by the Houfe
not be obeyed, unless delivered to the Steward of of Commons, of Perfons for Contempt and Breach
the Court before Iffue or Demurrer joined, &c. of Privilege, no Court can deliver on a Habeas Cor-
And a Suit ſhall never be removed again, after a pus: But Holt Ch. Juft. was of a contrary Opinion.
Procedendo is allowed. 21 Fac. 1. 23. Nor fhall any 2 Salk. 503, 404. A Wric of Error may be allowed
Suit be removed where the Thing in Demand doth by the King in füch a Cafe, Sc. and it is not to be
hot exceed 51. or where the Freehold, Inheritance, denied ex debito Juftitia; though it has been a Doubt,
Title of Land, &c. are concerned. And Judges are whether any Writ of Error lay upon a Judgment
to proceed in Suits in Inferior Courts laid not to given on a Habeas Corpus. Ibid. A Man may not be
exceed the Sum of 51 although there may be Actions delivered from the Commitment of a Court of Oyer
against the Defendant, wherein the Plaintiff's De-and Terminer by Habeas Corpus, without Writ of Lr-
mands may exceed that Sum, by Stat. 12 Geo. I. ror: And where there appears to be good Cauſe,
cap. 29. If the Steward of an Inferior Court pro- and a Defect only in the Form of the Commitment,
ceeds after an Habeas Corpus delivered and allowed, he ought not to be difcharged. 1 Salk. 348. If a
the Proceedings are void; and the Court of B. R. Perfon be committed by the Admiralty in Execu-
will award a Superfedeas; and grant an Attachmenttion, he is not removeable by Habeas Corpus into
against the Steward for the Contempt. Cro. Car. 79,
296. A Habeas Corpus fufpends the Power of the
Court below, fo that if they proceed, it is void,
and coram non judice. And on a Habeas Corpus, if the
Record be filed, no Procedendo can go to the Court
below; but where a Record below is not filed, or
not returned, it may be granted. 1 Salk. 352. A
Habeas Corpus cum Caufa removes the Body of the
Party for whom granted, and all the Caufes de-
pending against him; and if upon the Return
thereof the Officer doth not return all the Caufes,
c. it is an Escape in him. 2 Lill. Abr. 2. A Judge
·
B. R. to answer an Action brought againſt him there;
but it might be otherwiſe if an Action had been be-
fore depending. Ibid. 351. Where there is a prece-
dent Action in B. R. to the King's Suit, on which
the Party is out on Bail, Habeas Corpus may be brought
by the Bail, &c. and the Prifoner turned over;
though this was greatly oppofed in Favour of the
King's Execution. Ibid. 353. A Habeas Corpus is a
prerogative Writ, which concerns the Liberty of the
Subject, and muſt be obeyed in Counties Palatine, &c.
If it is not, an Alias Habeas Corpus will iffue with
a great Penalty. And on the Infufficiency of the Re-
a
:
НА
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turn of an Habeas Corpus, an Alias Habeas Corpus fhall
be granted 2 Cro. 543. 12 W. 3. B. R. Where an
Action is founded on the Custom of London, for a
Thing actionable there, and not elsewhere; if it be
removed by Habeas Corpus, a Procedendo fhall be
granted: But the Declaration itself ought to be re-
turned upon the Habeas Corpus, and then the Court
will fee what was the Caufe, &c. For the Special
Matter and all the Proceedings are to be in the
Return in this Cafe; as well as in an Action on a
By-Law, to take Notice thereof. Carth. 75, 76. Be-
fore a Habeas Corpus is returned and filed, it may be
amended; but not afterwards. 2 Lill. Abr. 2. A Ha-
beas Corpus is grantable, without Motion, to remove
a Perfon upon an Arreft; but not where committed
for a Crime. I Lev. 1. In the fuing out thefe Writs
in B. R. tỏ remove a Caufe, &c. they are firſt to be:
carried to the other Court to be allowed; and fome
few Days after the Delivery, the Return must be
called for, and fpecial Bail put in at a Judge's
Chamber; which being done, within four Days in
Term, and fix Days in the Vacation, the Caufe is
removed to the fuperior Court. Practif. Solic. 262.
And if the Defendant be actually a Prifoner, he
fhall not be delivered from Prifon till the Bail on
:
་
an Action of Debt, &c. And further to to and receive
all and fingular thofe Things, which our Court before us
hall then and there confider of in this Bebalf; And have
you then there this Writ. Witneſs, &c.
Habeas Corpus ad profequendum, Is to remove
a Man in order to Profecution and Trial in the
proper County, &c.
Habeas Corpus ad faciendum & Recipiendum,
A Writ iffuing out of the Common Pleas for Defen-
dants that are fued in Courts below, to remove their
Caufes into this Court: And if an Inferior Court
will proced againft the Law, in a Thing of which
the Juftices of C. B. have Cogni fance, and commit
a Man thereon, they may discharge him by Habeas
1 Mod. 235.
Corpus.
Habeas Corpus ad Refpondendum, Lies where a
Perfon is imprifoned upon Procefs at the Suit of an-
other, in any Prifon, except the King's Bench Pri-
fon; and a third Perſon would fue the Prifoner in
B. R. this Writ removes the Prifoner from the Pri-
fon where he was into the King's Bench, to answer
the Action in that Court; and for that Reafon it is
called Habeas Corpus ad Refpondend. 2 Lill. Abr. 4.
And where a Perfon is in Cuftody in an Inferior
Jurifdi&tion, the Plaintiff may bring his Writ re-
turnable in B. R. and then the Defendant cannot
nonfuit the Plaintiff, nor be bailed but by the Court
of B. R. &c. Ibid. There is Mention in fome of
our Books of a Habeas Corpus ad Subjiciendum, for a
Criminal to fubmit to the Order of the Court.
the Habeas Corpus be accepted, or juſtified in Court.
Ibid. If a Defendant arrefted cannot find Bail, and
would be removed to the King's Bench or Fleet Pri-
fon, a Habeas Corpus is to be delivered there; and
they will make out a Return, and fend an Officer
with the Defendant to a Judge's Chamber, and there
a Committitur is made, whereupon the Judge's Tip-
staff takes the Prifoner into Cuftody, and charges
him in Priſon; and he may agree with the Marshal
or Warden, for the Liberty of the Rules, &c.
Practif. Attorn. Edit. I. pag. 124. When the Defen-
dant is in the Cuftody of a Bailiff, or in any other Habendum. In every Deed or Conveyance there
Priſon, and would be turned over to the King's Bench, are two principal Parts, the Premises, and the Ha-
the Practice is the fame; the Habeas Corpus directed bendum; the Office of the Firft is to express the
to the Sheriff of London and Middleſex is to be deli-Name of the Grantor and Grantee, and the Thing
vered, and he, after Search in his Office for what
Writs he hath against the Defendant, will make
Return of them, and then the Bailiff or Keeper of
the other Prifon, who hath the Defendant in Cufto-
dy, is to carry him to a Judge's Chamber, where he
will be turned over, ut fupra. Ibid.
Habeas Corpus ad Satisfaciendum, Is had a-
gainft a Man in the Fleet Prifon, &c. to charge him
in Execution; which being delivered to the War-
den will be fufficient. Practif. Attorn. Edit. 1. pag.
173.
|
Form of a Habeas Corpus returnable immediate.
G
granted: And the Habendum is to limit the Estate,
by which the general Implication in the Premiffes
may be qualified: As in a Leafe or Grant to two
Perfons, if the Habendum be to one for Life, and
the Remainder to the other for Life, this alters
the general Implication of the Jointenancy, which
would pass by the Premiffes, if the Habendum were
not. 2 Rep. 55. And where Things which lie in
Grant are conveyed to take Effect barely on Deli-
very of the Deed of Grant, without other Ceremo-
Al-ny; in fuch Cafe, if the Habendum be for a leſs E-
ftate than in the Premiffes, or be repugnant to it,
the Habendum is void: But when a Ceremony is re-
quifite to the Perfection of an Eftate granted, and
not a bare Delivery only of the Deed; and to the
Eftate limited by the Habendum, nothing is required
to perfect it; there though the Habendum is of a lefs
Eftate than the Premiffes, the Habendum ſhall ſtand
good, and qualify the Eftate granted in the Pre-
miffes. 2 Rep. 23. 2 Nelf. 920. An Habendum may
not only qualify what is granted in the Premiffes;
but it may alfo enlarge what is thus granted, or ex.
plain the Premiffes: Though the Habendum shall ne-
ver introduce one who is a Stranger to the Premif
EORGE the Second, &c. To the Mayor,
dermen, &c. Greeting: We command you, that
the Body of A. B. in our Prifon under your Cuftody de
tained, as 'tis faid, together with the Day and Caufe of
bis Taking and Detaining, by whatfoever Name the faid
A. B. fhall be charged in the fame, you have under Safe
and fecure Conduct, before our beloved and faithful Philip
Lord Hardwick, our Chief Justice affigned to hold Pleas
before us, at his Chamber fituate in Serjeants Inn in
Chancery Lane, immediately after the Receipt of this
Writ, to do and receive all thofe Things which the fame
our Chief Fustice hall then and there confider of in this
Particular, &c.
The Habeas Corpus cum Caufa, to remove the Body fes. 1 Fones 4. 3 Leon. 60. If a Bargain and Sale
and Cauſe is made out as follows:
City of
Greet
be made, without expreffing to whom; although it
were Habendum to A. B. who is a Party to the Deed,
A Writ of Habeas Corpus to remove a Caufe. it is not good; becaufe the Habendum is only to li-
mit an Estate, and not to give any Thing, Cro. Eliz
EORGE the Second, &c. To the Mayor, Al 585, 903. 2 Lill. 8. If one Thing be granted in
dermen, and Sheriffs of the City of London, Greet the Premiffes of a Deed, Habendum with another.
ing: We command you, that you have before us at Weft-Thing, which is not appendant, &c. this other Thing
minster on Tueſday next after the O&tave of St. Hillary, fhall not pafs. Hob. 161, 172. None can take by
under ſafe and ſecure Conduct, the Body of C. D. who is any Deed, who is not named in the Premiffes: But
faid to be detained in our Prifon under your, or one of your though an Estate limited by the Habendum to a Man
Cuftodies, together with the Day and Caufe of his being that is no Party, is void by Way of Eftate; it may
taken and detained, (by whatsoever Name the faid C. D. be good in Remainder. Hob. 313. Godb. 51. See
be therein charged) to answer to A. B. of a Plea, or in Deed.
4
Habentia,
HA
HA
Habentia, Signifies Riches: In fome antient [View is required to be taken of the Lands in Con-
Charters, Habentes Homines is taken for rich Men;troverfy. Reg. Fud. 26, 28, &c., F. N. B.
and we read, Nec Rex fuum paftum requirat, vel Ha- Habergeon, (From the Germ. Hals, Collum, & Ber-
bentes Homines quos nos dicimus Feafting Men. Mon. gen, tegere) An Helmet which covered the Head and
Shoulders. Blount.
Angl. Tom. 1. pag. 100.
Haberjets, (Haubergeta) A Sort of Cloths of a
mixed Colour, mentioned in the Statute of Magna
Charta, cap. 26.
Habilliments of tar, Armour, Utenfils, or Pro-
vifions for the Maintaining of War. 3 Eliz. cap. 4.
Hable, (Fr.) Signifies a Sea-port Town; this Word
is ufed in 27 H. 6. ca? 3.
Hachia, A Hack, Pick, or Inftrument for Dig-
Placit. 2 Ed. 3.
Hadbote, (Sax.) A Recompence or Amends for
Violence offered to Perfons in Holy Orders. Sàx.
Dict.
Haberdashers. If any Perfons work Hats with Fo-
reign Wool, and not having ferved an Apprentice
fhip to the Trade, &c. they fhall forfeit the Goods
and 51. And no Perfon may dye any Caps with
Bark, c. but only with Copperas and Gall, or
Woad and Madder. Stat. 8 Eliz. cap. 7. None fhall
make Hats or Felts, that hath not ferved feven Years
in Felt-making; nor retain any but Journeymen who
have lawfully ſerved; or have above two Apprenti-ging.
ces at once, and thofe not for lefs than feven Years
Time, &c. in Pain of 51 a Month: But Hatmakers
may employ their own Children in the Trade.
Fac. 1. cap. 17. And the Matters and Wardens of
Haberdashers in London, calling to them one of the
Company of the Cappers, and another of the Hat-
makers, and Mayors, &c. of Towns and Corpora-
tions, may fearch all Hatters, and punish them that
offend, by Fines. Stat. Ibid. A Statute was lately
made to prevent the Exportation of Hats out of the
Plantations abroad, which may be feifed, and Of-
fenders are liable to fool. Penalty; and for regu-admired. Leg Ethelred.
lating the Trade of Hat-making there, &c. See Stat.
5 Geo. 2. c. 22.
I
Habere facias Poffeflionem, Is a judicial Writ
that lies where one hath recovered a Term for
Years in A&tion of Ejectione firma, to put him into
Poffeffion. F. N. B. 167. And one may have a new
Writ, if a former be not well executed; but where
Execution is made, and the Writ returned, the
Court will never grant a new Habere facias, &c.
Mich. 21 Car. 1. B. R. A Sheriff delivered Poffeffion
in the Morning, by Virtue of an Habere facias Pof-
feffionem, and fome Time in the fame Day after he
was gone, the Defendant turned the Plaintiff out of
Poffeffion; and it was held, that if he had been
turned out immediately, or whilft the Sheriff or
his Officers were there, an Attachment might be
granted against the Defendant; for this had been
a Difturbance in Contempt of the Execution;
but it being feveral Hours after the Plaintiff was
in Poffeffion, the Court doubted, but agreed to
grant a new Habere facias, &c. 1 Salk. 321.
Nelf. Abr. 779. If the Sheriff delivers Poffeffion
of more than is contained in the Writ of Habere
facias Poffeffionem, an Action of the Cafe will lie
against him; or an Affife for the Lands. Style
238. The Sheriff cannot return upon this Writ,
that another is Tenant of the Land by Right,
but muft execute the Writ, for that will not
come in Iffuc between the Demandant and him.
6 Rep. 52.
J
2
Habere facias Seifinam, Is a Writ directed to
the Sheriff to give Seifin of a Freehold Eftate re-
covered in the King's Courts by Ejectione firma, or
other A&tion. Old Nat. Br. 154. The Sheriff may
raife the Poffe Comitatus in his Affiftance, to execute
thefe Writs: And where a Houfe is recovered in a
real Action, or by Ejectment, the Sheriff may
break open
the Doors to deliver Poffeffion and Sei-
fin thereof; but he ought to fignify the Cauſe of
his Coming, and request that the Doors may be
opened. 5 Rep. 91. This Writ alfo iffues fome
times out of the Records of a Fine, to give the
Cognifee Seifin of the Land whereof the Fine is le-
vied. Weft. Symb. par. 2. And there is a Writ called
Habere facias Seifinam, ubi Rex habuit Annum, Diem
Vaftum; for the Delivery of Lands to the Lord
of the Fee, after the King hath had the Year, Day
and Walte in the Lands of a Perfon convict of Fc-
lony. Reg. Orig. 156.
Habere facias Wifum, A Writ that lies in divers
Cafes in real Actions, as in Formedon, &c. where a
|
Hade of Land, (Hada Terra) Is a fmall Quantity
of Land, thus expreffed:Surfum reddidit in Ma-
nus Domini duas acras terra, continentes decem feliones. &
duas Hadas, Anglic. Ten Ridges, and Two Hades, ja-
cent. inter Terr. &c. Rot. Cur. Maner. de Orleton,
Anno 16 Fac.
Haderunga, Refpe&t or Diftin&tion of Perfons;
from the Sax. Had, Perfona, and Arung, honoured and
Hadgonet, (Sax.) Seems to be a Tax or Mul&t.
Item quando aliquis delegabit terram Burgagii, &c.
quieta Hadgonel & maxime Celerario. Mon. Angl.
par. 1. fol. 302.
Hærede abdulto, Is a Writ that anciently lay for
the Lord, who having by Right the Wardship of
his Tenant under Age, could not come by his Body,
being carried away by another Perfon. Old Nat.
Br. 93.
Hærede deliberando alii, qui habet Cuftodiam
terræ, A Writ directed to the Sheriff to require one
that had the Body of him who was Ward to another,
to deliver him to the Perfon whofe Ward he was,
by Reafon of his Land. Reg. Orig. 161.
Hærede Rapto, Alfo a Writ; fee Ravishment of
Guard. Reg. Orig. 163.
Et
Hæredipeta, The next Heir to Lands.—
nullus Hæredipeta fuo propinquo vel extraneo periculofa
fane Cuftodia committatur. Leg. H. 1. cap. 70.
de-
Hæretico comburendo, Is a Writ that lay against
an Heretick, who having been convicted of Heresy by
the Bishop, and abjured it, afterwards fell into the
fame again, or fome other, and was thereupon
livered over to the Secular Power. F. N. B. 69. By
this Writ, grantable out of Chancery, upon a Cer-
tificate of fuch Conviction, Hereticks were burnt;
and fo were likewife Witches, Sorcerers, &c. But
the Writ De Heretico comburendo lics not at this Day.
12 Rep. 93. Stat. 29 Car. 2.
Hafne, Is a Danish Word for Haven or Port; and
Hafne Courts are granted inter alia by Letters Patent
of Rich. Duke of Glouc. Admiral of England. 14 Aug.
Anno 5 Edw. 4.
aga, (Sax. Manfio) A Houfe in a City or Borough.
Domefday. An ancient Anonymous Author expounds
Haga to be a House and Shop, Domus cum Shopa:
And in a Book which belonged to the Abbey of St. Au-
ftin in Canterbury, Mention is made of Hagam Mona-
chis, &c. See Co. Lit. 56.
Hagia, A Hedge, (Sax. Hag, melted into Hay,
whence Haia) Mon. Angl. Tom. 2. p. 273.
aia, Alfo an Hedge: Sometimes taken for a
Park, &c. cnclofed. Bract. lib. 2. c. 40. And Haie-
ment is ufed for a Hedge-Fence. Rot. Ing. 36 Ed. 3.
Hail-Shot. The Stat. 3 Ed. 6. against fhooting
of Hail Shot or more Pellets than one, by any Per-
fon under the Degree of a Lord, &c. is repealed.
Stat. 6 & 7. W. 3. c. 13.
Hair-Powder, Not to be mixed with Lime, Ala-
bafter, &c. under Penalties, by Stat. 4 Ges. 2. Vide
Starb Powder.
5 B
Hake,
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HA
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1
1
Hake, A Sort of Fish dried and falted; hence
the Proverb obtains in Kent, As dry as a Hake. Pa-
roch. Antiq. 575. Spelm.
Haketon, A military Coat of Defence. Walf. in
Ed., 3.
Word Halimote is rather the Lord's Court held with-
in the Manor, in which the Differences between the
Tenants were determined.
Omnis Caufa ter.
minetur vel. Hundredo, vel Comitatu, vel · Hálmote
focam habentium, vel Dominorum Curia. Leg. Hen. r.
cap. 1o.
Half-blood, Is no Impediment to Defcents of Fee-
fimple Lands of the Crown, or to Dignities, or in Halymote, Is properly a Holy or Ecclefiaftical
Defcent of Eftates-tail: But in other Cafes it is an Court; but there is a Court in London, formerly
Impediment. Adminiftration is grantable to the held on the Sunday next before St. Thomas's Day,
Half-blood of the Deceased, as well as the Whole- called the Halymote or Holy Court, (Curia Santimotus)
blood; and Half-blood thall come in for a Share of for regulating the Bakers of the City, &c.
an. Inteftate's Eltare, equally with the Whole-blood, Halymercfolk, Holyworkfolk, or People who en-
they being next of Kin in equal Degree. Style 14.joyed Lands by the Service of Repairing or Defend-
I Vent. 307, 22 Car. 2. 10. See Demy Sangue.
ing a Church or Sepulchre; for which pious La-
Halfendeal, Signifies the Moiety, or one Half of bours they were exempt from all Feodal and Mili-
a Thing; as Fardingdeal is a Quarter, or fourth tary Services. It did fignify fuch of the Province
Part of an Acre of Land, Exi.
of Durham in particular, as held their Lands to de-
fend the Corpfe of St. Cuthbert; and who claimed
the Privilege not to be forced to go out of the Bi-
fhoprick, either by the King or Bishop. Hift. Du-
3
Ham, Is a Saxon Word, ufed for a Place of Dwel-
ling; a Village or Town: And hence is the Ter-
mination of fome of our Towns, as Nottingham,
Buckingham, &c. Alfo a Home cloſe, or little nar-
row Meadow is called Ham.
Half-mark, (Dimidia Marke) Is a Noble, or fix
Shillings and eight Pence in Money. If a Writ of
Right is brought, and the Seifin of the Plaintiff, or
his Anceftor, be alledged, the Seifin is not traver-nelm. apud Wartoni Ang. Sac. par. 1. p. 749.
fable by the Defendant, but he must render the
Half-mark for the Inquiry of the Seifin; which is
as much as to fay, that though the Defendant fhall
not be admitted to deny, that the Plaintiff or his
Ancestors were feifed of the Land in Queftion, and
to prove his Denial; yet he may be allowed to ten-
der Half a Mark in Money, to have an Inquiry
made whether the Plaintiff, &c. were fo feifed, or Hamlet, and Hamel or Hampfel, (from the Sax.
not. F. N. B. 5. Old Nat. Br. 26. But in a Writ of Ham, i. e. Domus, and Germ. Let, Membrum) Sig-
Advowson brought by the King, the Defendant nify a little Village, or Part of a Village or Parish;
may be permitted to traverſe the Seifin, by Licence of which three Words, Hamlet is now only used;
obtained from the King's Serjeant; fo that the De-though Kitchen mentions the other Two, Hamel and
fendant fhall not be obliged to proffer the Half
mark, c. F. N. B. 31.
Half-Seal, Is what is ufed in the Chancery for
Sealing of Commiffions to Delegates, upon any Ap:
peal to the Court of Delegates, either in Ecclefi-
aftical or Marine Caufes. Stat. 8 Eliz. c. 5.
Half-Tongue. See Medietas Lingua, as to Pleas
and Trials of Foreigners.
Halke, (from the Sax. Heale, i. e. Angulus)
Hole; feeking in every Halke, &c.
Hambling, or Hameling of Dogs, Is the ancient
Term ufed by Foresters for exped.tating. Manwood.
Hampfel. By Spelman there is a Difference between
Villam integram, Villam dimidiam, and Hamletam ;
and Stow expounds it to be the Seat of a Free-
holder. Several Country Towns have Hamlets, as
there may be feveral Hamlets in a Pariſh; and fome
particular Places may be out of a Town or Hamlet,
though not out of the County. Wood 3.
Hamfare, Breach of the Peace in a Houfe. Bromp-
Anton in Legibus H. 1. c. 80.
Hall, (Lat. Halla, Sax. Heall) Was anciently taken
for a Manfion-houfe or Habitation, being mentioned
as fuch in Domesday, and other Records; and this
Word is retained in many Counties of England,
especially in the County Palatine of Chester, where
almost every Gentleman of Quality's Seat is called
a Hall.
Hall, or Common Hall. There is a Common Hall
for electing the Mayor, Sheriffs, and other Officers
of the City of London, affembled at Guild-hall by the
Lord Mayor. Ord. 7 W. 3.
Hamfoken, (Sax. Hamfocen) Is the Liberty or Pri-
vilege of a Man's own Houfe; alfo a Franchife
granted to Lords of Manors, whereby they hold
Pleas, and take Cognifance of the Breach and Vio-
lation of that Immunity. And likewife fignificat
quietantiam Mifericordia intrationis in alienam Domum
Vi & Injufte. Fleta, lib. cap. 47. In Scotland Viola-
tions of this Kind are equally punishable with Ra-
vishing a Woman. Skene. And our old Records ex-
prefs Burglary under the Word Hamfocne.
Handbozow, A Surety or manual Pledge, i. e. an
inferior Undertaker; for Headborow is the Superior
or Chief. Spelm,
Hallage, Is Toll paid for Goods or Merchandize
vended in a Hall; and particularly applied to a
Fee or Toll due for Cloth, brought for Sale to
Blackwell-Hal in London: Lords of Fairs or Mar-cap. 59. Fleta, lib. 1. cap. 38.
kets are entitled to this Fee. 6 Rep. 62.
Hand-habend, A Thief caught in the very Fact,
having the Goods ftolen in his Hand. Leg. Hen. 1.
Hallamas, The Day of All-Halloavs, or All Saints,
viz. November 1. and one of the crofs Quarters of
the Year, was computed in ancient Writings from
Hallamafs to Candlemas. Cowel.
Hallain hire, Is a Part of the County of York,
in which the Town of Sheffield ftands. 21 Fac. 1.
cap. 23.
Hallmote or Halimote, (Sax. Heall, i. c. Aula, &
Gemete, Conventus) Was that Court among the
Saxons, which we now call a Court-Baron; and the
Etymology is from the Meeting of the Tenants of
one Hall or Manor. The Name is ftill kept up in
feveral Places in Herefordshire; and in the Records
of Hereford this Court is entered as follows, viz.
Hereford Palatium, ad Halimot ibidem tent. 11 Die
Octob. Anno Regni Regis Hen. 6, &c. It hath been
fometimes taken for a Convention of Citizens in
their publick Hall where they held their Courts,
which was alſo called Folkmote and Halmote But the
Hand in and out, Is the Name of an unlawful
Game, now difufed and prohibited by the Statute
17 Ed. 4. c. 2.
Handful, In Mcafuring is four Inches by the
Standard. Anno 33 H. S. c. 5.
Handgrith, (from the Sax. Hond, manus, and
Grith, Pax) Peace or Protection given by the King,
with his own Hand.
Hac mittunt hominem in
Mifericordia Regis, infractio feu violatio pacis quam fer
Manum fuam dabit alicui. Leg. Hen. 1.
Hand-gun, An Engine to deftroy Game. Stat. 33
Hen. S. See Guns.
Handy-warp, A Kind of Cloth. Stat. 4 & 5 Ph.
& M. c. 5.
Hanig, A Term for cuftomary Labour to be
done and performed. Mon. Ang. Tom. 2. p. 264.
Hankwit alias hangwite, (from the Sax. Han
gan, i. e. fufpendere, & Wie, Mulata) Is a Liberry
granted to a Perfon, whereby he is quit of a Felon
or Thief hanged without Judgment; or eſcaped
Our
3.
HA
HA
out of Cuftody. Raftal. We read it interpreted to
be quit de Laron pendu fans Serjeants le Roy, i. e. with
out legal Trial: And elsewhere, Multa pro Latrone
præter juris exigentiam fufpenfo vel elapfo. And it may
fignify a Liberty, whereby a Lord challenges the
Forfeiture for him who hangs himself within the
Lord's Fee. Domefday.
སྶ དྷསྨཱ ཝ ཙ, སཱམཱཝ
Women of their Bodies, to come into their Houfes
to eat, or drink, or otherwife to be converfant or
abide there; they fhall be liable to Imprifonment,
and alfo the Women and Harlots. Artic. Ward-
mote 23.
Harnels, (Fr. Harnifch) Signifies all Warlike In-
ftruments. Hoved. p. 725. Matt. Parif. The Tackle
Hanper or Hanaper, (Haniperium) The Hanaper of or Furniture of a Ship, was alfo called Harness or
the Chancery; it feems to be the fame as Fifcus ori-Harnefium. Pl. Parl. 22 Edw. 1.
ginally in the Latin. 10 R. 2. c. I.
"
Hanfe, (an old Gothish Word) Signifies a Society
of Merchants, for the good Ufage and fafe Paffage of
Merchandize from one Kingdom to another. The
Hanſe or Mercatorum Societas, was and in Part yer
is endowed with many large Privileges by Princes
within their Territories; and had four principal
Seats or Staples, where the Almain, or German and
Dutch Merchants, being the Founders of this Socie-
ty, had an eſpecial Houfe; one of which was here
in London, called the Steel-Tard. Ortelius's Index ad
Theatr. verbo Afiatici.
Hans Towns, In Germany, &c. fo named, either
because they lay near the Sea, or from the Gothick
Anft, which is taken for those who were the Richelt
of the People; and from thence it is inferred, that
thefe Towns were the chiefeft for Trade or Riches:
Or it may come from the German Hanfa, i. e. Socie-
tas; a Company of Merchants excelling others in
Trade. There were at firſt ſeven Towns diftin.
guiſhed by this Name; but afterwards they were
Seventy in Number.
Hantelode, An Arreft, from the Germ. Hant, an
Hand, and Load, i, e. laid; Manus immiffio: As Ar-
refts are made by laying hold on the Debtor, &c.
Hay, (Fr. Happer, i.e. Rapere, to catch) Is of the
fame Signification with us as in the French; as to hap
the Rent, is where Partition being made between
two Parceners, and more Land allowed to one than
the other, the that has most of the Land charges
it to the other, and the haps the Rent, whereon
Affife is brought, &c. This Word is ufed by Lit
tleton, where a Perfon happeth the Poffeffion of a
Deed Poll. Litt. f. 8.
Haque, A little Hand-gun, prohibited to be ufed
by Statute 33 H. 8. c. 6, and 2 3 Ed. 6. cap. 14.
There is the Half-Haque, or Demy-Haque, within the
faid A&s.
Haro, Harron, An Outery after Felons and Male-
factors; and the Original of this Clameur de Haro
comes from the Normans. Cuftum. de Normand.
Vol. 1. p. 104
Harping-Frons, Are Iron Inftruments for the
Striking and Taking of Whales: And those that
ftrike the Fish with them are called Harpiniers.
Merch. Dict.
Harriers, (Harrecti canes) Small Hounds, for hunt-
ing the Hare: Anciently feveral Perfons held Lands
of the King, by the Tenure and Service of keep-
ing Packs of Beagles and Harriers. Cart. 12 Ed. 1.
Hart, Is a Stag or male Deer of the Foreft five
Years old compleat; and if the King or Queen do
hunt any fuch, and he efcape alive, then be is
called an Hart Royal: And where by the Hunting
he is chafed out of the Foreft, Proclamation is
ufually made in the adjacent Places, that in Re-
gard of the Diverfion the Beaft has afforded the
King or Queen, none fhall hurt or hinder him
from returning to the Foreft; and then he is called
a Hart Royal proclaimed. Man wood's Foreft Laws,
par. 2. cap. 4.
Harbe Workmen, May be licenfed by Juftices,
of Peace to go into other Counties to work, &c.
Stat. 13 & 14 Car. 2. c. 12.
Hafta oici, A Shield of Brawn. Jobannes)
de Mulgrave tenet Terras in B. de Domino Rege per
fervitium deferendi Domino Regi unam Haftam Porci,
& Paroch. Antiq. 450.
Hatches, Are certain Dams made of Clay and
Earth, to prevent the Water iffuing from the
Works and Tin Washes in Cornwall, from running
into the freſh Rivers: And the Tenants of feveral
Manors there are bound to do certain Days Work
ad le Hatches, or Hacches. Stat. 27 Hen. 8. c. 23. And
from a Hatch, Gate, or Door, fome Houfes fituate
on the Highway, near a common Gate, are called
Hatches,
haur, (from the Fr. Hair) Is ufed for Hatred.
Leg. W. 1. c. 16.
aquebut, A bigger Sort of Hand-gun than the
Haque, from the Teuton. Haeck-Buyfe; it is other-Hats and Caps, A Tile in the Statute Law, fee
wile called an Harquebufs, and vulgarly a Hagbut. Stat. S Eliz. c. 7. Haberdashers.
2 & 3 Ed. 6. c. 14. and 4 & 5 Ph. and Mar. c. 2.
Baratiain, (from the Fr. Haras) A Race of Hor-
fcs and Mares kept for Breed; in fome Parts of
England termed a Stud of Mares, &c. Spelm. Gloff.
Harbinger, An Officer of the King's Houfe, &c.
See Herbinger.
Dauthoner, (Homo Loricatus) A Man armed with
a Coat of Mail.
Et faciendo fervitium, de
Hauthoner, quantum pertinet ad Villam, &c. Charta
Galfridi de Dutton, temp. H, 3.
Haw, A fmall Parcel of Land, fo called in Kent ;
as a Hemphaw or Beanhaw, lying near the Houſe,
and encloſed for thofe Ules. Sax. Dict. But Sir Ed
ward Coke, in an ancient Plea concerning Feverfham
in Kent, fays Hawes are Houfes. Co. Litt. 5. See
Haga.
Hawgh or Howgh, Signifies a green Plot in a
Valley, as they use it in the North of England.
Camb.
Harbours and Havens. There are many Acts of
Parliament for Repairing and Improving the Har-
bours and Havens of this Kingdom; fuch as the 23
Hen. 8. cap. 7. and 28 H. S. relating to the Havens
and Ports of Plymouth, Dartmouth, Falmouth, c. in
Devonshire and Cornwall; and none fhall labour in
Tin Works, near Rivers of thofe Havens; but ſhall
prevent the Fall of Stones and Gravel therein.
Cafting and unlading Ballaft, Rubbish, &c. in any
Harbour, Haven, or Road, incurs the Penalty of 5 1. Hawbert alias Hawbert, (Fr. i. e. Lòrica) He that
by Stat. 34 Hen. S. cap. 9. The 27 Eliz. cap. 1. was holds Land in France by Finding a Coat or Shirt of
made for repairing Orford Haven in Suffolk and 13 Mail, and to be ready with it when he fhall be call-
14 Car. 2. and 4 Geo. 1. c. 13, &c. for the Reed, is faid to have Hauberticum feudum, Fief de
paration of Dover Harbour, &c. And Duties are
granted by thefe Statutes, towards effecting thereof.
Vide the Statutes.
Darowic, Mentioned in Domefday, and by Spel-
Sec Herderwick.
man.
Hares, The Penalty of Taking and Killing them,
by Statute I Fac. 1, &c. Vide Game.
Harlots, If any Vintner, Alehoufe keeper, &c.
in London, fhall permit any Harlots, or common
Haubert: And Hawberk, with our Anceſtors, had
the fame Signification, and fo it feems to be used
in the Star. 13 Ed. 1. cap. 6.
Hawks. The Stealing of an Hawk, or Conceal-
ing it, after Proclamation made by the Sheriff, is
Felony with Clergy: Bút this extends unly to long-
winged Hawks, of the Kind of Falcons ; and not lo
Goſs-Hawks, or Sparrow Hawks. 34 Ed. 3. 37 Ed. 3.
cap. 19. 3 Inft. 97. None fhall kill or feare away
any
:
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but he must avow in the Name of him who hath
the Freehold. 2 Cro. 430. See Agillarius.
Headland, Is the upper Part of Ground left for
the Turning of the Plough; whence the Headway.
Paroch. Antiq. 587.
any Hawks from the Coverts where they ufe to
breed, on Pain of 10l. to be recovered before Ju-
ftices of Peace, and divided between the King and Hazard, Is an unlawful Game at Dice; and thofe
Profecutor. Stat. 11 Hen. 7. cap. 17. A Hawk taken that play at it are called Hazardors: And we read,
up must be delivered to the Sheriff, if taken by a Hazardor communis ludens ad falfos talos adjudicatur,
mean Perfon, to be proclaimed in the Towns of the quod per fex Dies in diverfis locis ponatur fuper Colliftri·
County, &c. And Action of Trover and Convergium. Int. Plac. Trin. 2 Hen. 4. Suffex 10.
fion lics for an Hawk reclaimed, and which may be Headbozow, (from the Sax. Head, caput, & Borge,
known by her Vervels, Bells, &c. Hawking for fidejuffor) Signifies him that is Head of the Frank-
Game, fee Game.
pledge in Boroughs; and had the principal Govern-
Hawkers. Thofe deceitful Fellows who went ment within his own Pledge; and as he was called
from Place to Place, buying and felling Brafs, Pew-Headborow, fo he was alfo ftiled Borowhead, Burfholder,
ter, and other Goods and Merchandize, which Thirdborow, Tithingman, &c. according to the Ufage
ought to be utter'd in open Market, were of old fo and Diverfity of Speech in feveral Places. Lamb.
called; and the Appellation feems to grow from Thefe Headborows were the chief of the ten Pledges:
their uncertain Wandering, like Perfons that with the other Nine being denominated Handborows, or
Hawks feek their Game where they can find it. inferior Pledges: Headborows are now a Kind of
They are mentioned Stat. 25 Hen. 8. cap. 6. and 33 Conftables.
Hen. S. cap. 4. Hawkers and Pedlars, &c. going from
Town to Town, or Houfe to Houfe, are now to pay
a Fine and Duty to the King. If they travel with
an Horfe, Afs, &c. the fame is 81. and if on Foot,
41. and to be licenſed by Commiffioners appointed
for that Purpoſe, or be liable to certain Penalties;
and any Perfon may feife a Hawker, &c. till he
produce a Licence: Travelling without Licence,
hall forfeit 121. and refufing to fhew their Li-
cenfes 51. There is alſo a Forfeiture for lending
a Licence to hire; and it fhall be void. 8 & 9 W.
3. cap. 25. Bur Traders in the Linen and Woollen
Manufactures, fending their Goods to Markets and
Fairs, and felling them by Wholefale; Makers of
Goods, felling thofe of their own Making; and
Makers and Sellers of English Bone-lace, going from
Houſe to Houſe, &c. are excepted out of the Acts,
and not to be taken as Hawkers. 3 & 4 Ann. 4.
4 Geo. I. If Hawkers and Pedlars, offer any Tea,
c. to Sale, tho' they have Permits, the fame may
bo feiſed as forfeited, . by the late A&t against
running uncuftomed Goods. 9 Geo. 2. c. 35. We
now call thoſe Perfons Hawkers, who go up and
down the Streets of London, crying News Books and
Papers, and felling them by Retail, and the Wo-4 H. 7. 15.
men and others who fell them by Wholefale from
the Prefs, are called Mercuries.
Hay, Haya, Fr. Haye, A Hedge or Inclofure ;
alfo a Net to take Game. See Haia.
Hay-bote, Is a Liberty to take Thorns and other
Wood, to make and repair Hedges, Gates, Fences,
c. either by Tenant for Life, or Years: It is alfo
faid to be Wood, for the making of Rakes and
Forks, with which Men in Summer make Hay. See
Co. Litt. 41.
Head-pence, Was an Exaction of a certain Sum
heretofore collected by the Sheriff of Northumberland
of the Inhabitants of that County, without any Ac-
count therefore to be made to the King; which
was abolished by the Stat. 23 H. 6. c. 7.
Head-Silver, Paid to Lords of Leets. See Com-
mon Fine.
Healfang or Halsfang, Is compounded of two
Saxon Words Hals, i. e. Collum, and Fang, capere,
and fignifies that Punishment, qua alicui collum ftrin
gatur, (Colliftrigium). Sometimes it is taken for a pe-
cuniary Mulet, to commute for ſtanding in the Pil-
lory; payable to the King or Chief Lord. Leg. H. 1.
cap. 11.
Hearth-Money, A Tax. Vide Chimney Money.
Hebber-men, Fishermen, or Pochers below Lon-
don-Bridge, who fish for Whitings, Smelts, c. com-
monly at Ebbing Water; mentioned in one of the
Articles of the Thames Jury, at the Court of the
Confervator of the River of Thames, printed Anno
1632. And theſe Perſons are punishable by Statute
Hebbing-wears, Are Wears or Engines made or
laid at Ebbing-Water. 23 H. S. 5.
Hebdomas, (Lat.) A Week. See Week.
* Hebdomadíus, The Week's Man, Canon or Pre-
bendary in a Cathedral Church, who hath the Care
of the Choir, and the Officers belonging to it for his
own Weck. Reg. Ep fc. Hereford. MS. See Ebdomary.
Heck, Is the Name of an Engine to take Fish in
the River Owfe. 23 H. S. c. 18.
Heccagium, Is fuppofed to be Rent paid to the
Lord of the Fee, for Liberty to use the Engines.
to-called Hecks.
Hay-market. Carts of Hay, which ftand to be
fold in the Hay-market, are to pay 3d. per Load
wards the Paving and Amending the Street; and
fhall nor ftand loaden with Hay after Three o'Clock
in the Afternoon, &c. on Pain of forfeiting 5s.
Hay fold in London, c. between the first of June
and laft of August, being new Hay, is to weigh 60
Pounds a Trufs; and old Hay the rest of the Year
56 Pounds, under the Penalty of 2s. 6d. for every
Trufs offer'd to Sale, &c. Stat. 2 W. & M. c. 8.
8 & 9 W. 3.
Heda, A ſmall Haven, Wharf, or landing Place.
Domefd. See Hith.
Hedagium, Toll or Cuftomary Duties paid at the
Hith or Wharf, for the Landing of Goods, &c. from
which Exemption was granted by the King to fome
particular Perfons and Societies. Cartular. Abbat, de
Radinges, MS. f. 7.
Hedge-bote, Is neceffary Stuff to make Hedges,
which the Leffee for Years, c. may of common
Right take in his Ground leafed. See Hay-bote.
Hayward, (from the Fr. Haye, i. c. fepes, & Gar-
de, Cuftodia) Is one that keeps the common Herd Hedge-breakers. By the Statute 43 Eliz. cap. 7.
of Cattle of a Town; and the Reafon of his being Hedge breakers, c. fhall pay fuch Damages as a Ju-
called Hayward may be, because one Part of his ftice of Peace fhall think fit; and if not able to
Office is to fee that they neither break nor crop the pay the Damages, fhall be committed to the Con-
Hedges of inclos'd Grounds, or for that he keeps table to be whipp'd. And Conftables, and others,
the Graſs from Hurt and Deſtruction. He is an Offi may apprehend Perfons fufpected of Hedge-ftealing,
cer appointed in the Lord's Court: And is to look and carry them before a Juftice; where not giving
to the Fields, and impound Cattle that do trefpafs a good Account how they came by Wood, &c. they
therein; to infpect that no Pound-breaches be are not only to make fuch Recompence as the Ju-
made, and if any be, to prefent them at the Leet, tice of Peace fhall adjudge, but pay a Sum no!
&c. Kitch. 46. There may be a Cuſtom in a Ma- exceeding 10 s. for the Ule of the Poor, or be
nor, to have a Surveyor of the Fields or Hayward, fent to the Houfe of Correction for a Month, by
and for him to diftrain Cattle Damage-feafant ;| 15 Car. 2. 2. Perfons convicted of Buying ftolen
Wood,
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Wood, fhall forfeit treble Value to him from whom
taken. Ibid.
A
But in
under Heirs, the Heirs of Heirs are comprehended
in Infinitum; if Lands are given to a Man and his
Heirs (Hares, ab hæreditate) Is he that fucceeds by Heirs, all his Heirs are fo totally in him, that he
Defcent to Lands, Tenements and Hereditaments, may give his Lands to whom he will. Trin. 23 Fac.
being an Estate of Inheritance. The Eftate muft 1. Noy 56. The Heir is favoured by the Common
be Fee, because nothing paffeth Fure Hareditatis but Law; and the Ancestor could not give away his
Fee; and by the Common Law a Man cannot be Heir Lands by Will from his Heir at Law, without the
to Goods and Chattels : But the Civilians call him Confent of the Heir, till the Statute 32 H. 8. 2 Lill.
Dubious Words in a Will
Hæredem, qui ex Teftamento fuccedit in Univerfum jus 11. Hill. 23 Car. B. R.
Teftatoris. Some Writers have made a Diftinction fhall be conftrued for the Benefit of the Heir; and
of Hæres fanguinis, & Hæreditatis; a Man may be not to difinherit him: And the Heir at Law is pre-
Hares fanguinis to a Father or Ancestor, and yet ferred in Chancery in a doubtful Cafe. Noy 185.
upon Difpleasure be defeated of his Inheritance; Chanc. Rep. 7. Where Lands were devised to the
And there is an Ultimus Hares, being he to whom Heirs of f. S. then living; it was held, that his el-
Lands come by Efcheat, for Want of lawful Heirs, deft Son fhould have them, though in Strictness he
viz. The Lord of whom the Lands are held, or the was not Heir during his Father's Life, but Heir ap-
King. Bract. lib. 7. cap. 17. Hares, according to Sir parent: But this was by Reafon of the Words then
Edw. Coke, is he qui ex juftis Nuptiis procreatus eft, to living, which made it a Defcription of the Perſon.
whom Lands and Tenements by the A&t of God, Preced. Canc. 51. Not only Land, but Rent not due
and Right of Blood, do defcend. Co. Litt. 7. The at the Death of the Ancestor Leffor, fhall go to the
eldeft Son, after the Death of his Father, is bis Heir; fo Corn fown by Tenant for Years, where
Heir, &c. And if there be Grandfather, Father his Term expires before the Corn is ripe every
;
and Son, and the Father die before the Grandfa- Thing faftned to the Freehold, Timber-Trees, Deeds
ther, and after the Grandfather dies feiſed; the belonging to the Inheritance; Deer, Conies, Pige-
Land hall go to the Son or Daughter of the Fa-ons, Fish, &c. 2 Nelf. Abr. 927. An Heir fhall en-
ther, and not to any other Children of the Grand-force the Adminiftrator to pay Debts with perfonal
father. Bro. 303. And this Heir is called Hares jure Eftate, to preferve the Inheritance. Chanc. Rep. 280,
Reprafentationis, becauſe he doth reprefent his Fa-293. If an Executor hath Affets, he is compella-
ther's Perfon: But if in this Cafe, the Father die ble in Equity to redeem a Mortgage, for the Bene-
without any Child; his next eldest Brother shall fit of the Heir; and it is the fame where the Heir is
have the Land as Heir, or for Want of a Brother, charged in Debt. Hard. 511. And when the Heir is
it defcends to the Sifters of the Father. Ibid. A fued for the Debt of his Anceftor, and pays it, he
Man having Iffue only a Daughter, dies, leaving fhall be re-imburfed by the Executor of the Obligor,
his Wife with Child of a Son, which is afterwards who hath perfonal Affets. I Chanc. Rep. 74.
born; here the Son after his Birth is Heir to the Action of Debt brought upon a Bond against an
Lund, but till then the Daughter is to have it. 9 Heir, 'tis no good Plea for the Heir to fay, that the
H. 6. 23. Perk. 521. There are fome Perfons who Executors have Affets in their Hands. Dyer 204. For
may not be Heirs; as a Baftard born out of law a Creditor may fue either Heir or Executor; and
ful Wedlock; an Alien, born out of the King's Heirs and Executors are both chargeable upon Spe-
Allegiance, tho' in Wedlock; a Man attainted of cialties. If an Heir hath Affets, and the Executor
Treafon or Felony, whofe Blood is corrupted; thefe alfo, it is at the Election of the Obligee to have
laft may not be Heirs, propter Deli&um; and an Alien Action of Debt againſt the one, or the other; but
cannot be Heir, propter Defectum ſubjectionis; nor may he fhall not charge them doubly. 2 Plowd. 433. If
one made Denizen by Letters Patent; though 'tis an Heir has made over Lands fallen to him by De-
otherwife of a Perfon naturalized by Act of Parliafcent, Execution fhall be had against him to the
ment. Co. Litt. S. 2 Danu. Abr. 552. A Baftard, by
Continuance, may be Heir against a Stranger: And
an Hermaphrodite may be Heir, and take according
to that Sex which is most prevalent; but a Monster,
that hath not human Shape cannot be Heir, altho'
a Perſon deform'd may. Co. Litt. 7. 2 Danv. 553.
Ideots and Lunaticks, Perfons excommunicate, at-
tainted in Præmunire, Out-laws in Debt, &c. may
be Heirs. Ibid. There is a Lineal Heir, as the Son
of a Perfon; and a Collateral Heir, as Brother, &c.
Yet a Man can have no right Heir, to take Lands
during his Life. Dyer 99. The Word Heir is not a
good Defcription of a Perfon in the Life-time of
the Anceſtor; and an eldeſt Son fhall not take
by the Name of Heir in the Life-time of his Fa-
ther. 2 Leon. 70. A Man cannot raife a Fee-fimple
Eftate to his right Heirs, by the Name of Heirs,
as a Purchaſe, by Conveyance or otherwife; but
in fuch Cafe the Heir fhall be in by Defcent: Fortior
Potentior eft Difpofitio Legis, quam Hominis. Hob. 30.
2 Lill. Abr. II. By the Law of England, no Perfon
can take to himſelf an Inheritance in Fec-fimple by
Deed, without the Word Heirs; but he may by De-
vife: Tho' in Cafes where the Word Heir is wanting,
it has been adjudged that if there are other Words
equivalent, and the Intereft in the Thing granted
paffeth by the Confideration only, without any fur-
ther Ceremony in the Law, an Estate in Fee may
pafs. 2 Nelf. Abr. 928. In a Devife by Will, or Ex-
change, &c. the Word Heirs is not neceffary: But
Eftares of Inheritance which are otherwife convey-
ed require it. Fenk. Cent. 196. The Word Heir is
nomen collectivum, and extends unto all Heirs: And
It
Value of the Land, &c. if it be not fold bona fide
before the Action brought, in which Cafe there is
a Saving by the Statute 3 & 4 W. & M. cap. 14.
And whether the Heir hath Lands by Defcent, fhall
be tried and enquired of, with the Value, by a Ju-
ry, to make the Heir answerable. 5 Mod. 122.
has been held, that the Heir is never chargeable
without an exprefs Lien and Affets; and even then
no longer than he hath Affets, for he is not obliged
to keep them till he is charged: But if he hath Af
fets, he ought to plead truly, and to confeſs them ;
otherwife Judgment fhall be given against him de
Terris propriis, for 'tis then his Debt. Jones 88. 3
Salk. 179 When a Man recovers against an Heir,
by Default or Verdict, on pleading Riens per Defcent,
a fpecial Judgment de Terris Defcenfis, may be enter-
ed against the Heir, and the Plaintiff fhall have all
the Lands by Defcent in Execution: Though if
the Judgment be general against the Heir, without
praying fuch fpecial Judgment, he can have only a
Moiety of the Lands by Elegit. Plowd. 439. 2 Leon.
16. Here the Plaintiff may furmife, that the Heir
hath fuch Land by Defcent, and pray to have Ex-
ecution of all his Land. Dyer 149. Roll. 72.
Judgment and Execution fhall be general, unlefs
the Heir acknowledges the A&tion, and fhews that
he hath ſo much by Deſcent; but if he will not fhew
what he hath by Defcent, he lofes the Benefit of
the Law. Mich. I W. & M. B. R. Cro. Eliz. 692.
Where an Heir is fued for the Debt of his Ancestor,
his Body ought not to be taken in Execution, or
any other Lands which he had not by Descent; yet
if the Heir do not fhew what Lands he had by De-
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Heir apparent, Is one during the Life-time of his
Anceſtor; till the Ancestor's Death he is only Heir
apparent, or at Law. 1 Inft. 8. Bonds and Bargains
with fuch an Heir, to have double or treble the
Money lent, after his Father's Death, &c. are fet
afide in Equity; but it is by paying what was lent
bona fide, with Intereft, if the Obligor applies for
Relief: Tho' in cafe the Obligee fues, he shall not
recover what was really lent; for that would be
to affift Fraud. 2 Ventr. 359. 1 Vern. 141. Where
young Heirs enter into any Bond, Chancery relieves
againft it, without Evidence of actual Impofition;
becauſe there is a fuppofed Diftrefs, and Prefump-
tion of a Liableness to be impofed on. Barnardift.
481.
Heiress, Is a Female Heir to a Man, having an
Eftate of Inheritance in Lands; and where there
are feveral joint Heirs, they are called Co-heirs or
Co-heireffes. Stealing an Heirefs, and marrying her
against her Will, where Felony. See Forcible Mar-
fcent, it ſhall be intended that he had Affets to pay | but the Executor; and if the Day be paft, altho'
the Debt. Moor $22. If the Heir, in Cafe where the Heir be named, the Executor fhall have it.
the Anceſtor hath bound himſelf and his Heirs, have Inft. 210. 2 Ventr. 348 If a Perfon makes a Leafe
never fo much Land come to him by Gift in Tail, for Years of Lands of Inheritance, rendring Rent
or Conveyance of the Father, and not by Defcent, to his Executors and Affigns, the Heir fhall have
he is not chargeable at all; And fo it is for any E-the Rent; for by the Refervation it is to continue
ftate but what is in Fee-fimple; as where Lands are after the Leffor's Death, and is incident to the Re-
granted to F. S. and his Heirs during the Life of verfion; though it was formerly held otherwiſe, the
another, &c. the Heir fhall not be charged for this, Heir not being named: And where it is referved to
no more than for Land entailed. 10 Rep. 98. No the Leffor and his Affigns, it is otherwife. 2 Lev. 13,
Lands can be charged but Fee-fimple; and therefore 14. 12 Rep. 36. Heirs includes Affigns in Grants, c.
in a Suit against the Heir, the Judgment is only for If a Woman keeps Land from the Heir, on Pretence
the Land defcended, and not for other Lands, &c. of being with Child by the Heir's Anceſtor, her de-
but where it is by his own Fault, as by a falfe Plea, ceafed Husband, the Writ Ventre Infpiciendo is to be
or the like. 1 Inft. 102, 376. A Man binds himself granted to fearch her, &c. that the Heir be not de-
and his Heirs in an Obligation, and hath Lands and frauded. F. N. B. 227. The next Heir Male is to
Heirs on the Part of the Father, and the Part of bring Appeal for the Death of his Anceftor, &c.
the Mother; the Heirs and Lands of both, and not And Heirs may have divers Writs, as Writ of Mort-
of one alone, must be charged in Debt: And the dancestor, Entre ad communem Legem, In cafu Provifo,
Plaintiff fhall have feveral Actions; and Execution and Confimili cafu, Quod permittat, &c. See Difcent,
fhall ſtay, till it may be had against both of them.&c.
2 Rep. 25. Hob. 25. Alfo if one bind himself and
his Heirs, and leave Land at Common Law, and
Lands in Gavelkind; the Obligee muft fue all
the Heirs. Hob. 25. An Heir fued on a Specialty,
fhall have his Age; and if one of the Heirs be with
in Age, the Parol fhall be ftay'd for all. Moor, ca.
203. A collateral Heir is chargeable for the Debt
of his Anceftor; but the Declaration muſt be fpeci-
al, and he is to be charged as collateral Heir, not
as immediate Heir; and if a Son happens between,
who dies, he must be faid Uncle and Heir of the
Son, who was Heir of the Debtor, &c. Cro. Car. 151.
And a Child born, though he lives but an Hour,
has the Fee of Lands vefted in him as Heir. Hetl.
134. In a Writ a Man need not fhew how he is
Heir; but he muft in a Declaration, c. tho' it is
only for Form to fet forth how a Perfon is Heir,
becauſe it is not traversable; and Heir, or no Heir,
is iffuable. Moor SS5. If an Heir ought to confefs
the Debt on Action brought against him, and the
Debt be not denied, it must be admitted. 1 Lutw.riage.
442. Debt against the Heir, upon the Bond of his
Anceftor, is to be brought in the Debet and Detinet,
becauſe the Heir himſelf is bound; and not in the
Detinet only, tho' that is cured by a Verdi&. Sid.
342. I Lev. 224. An Heir is not bound by the Bond
of the Ancestor, unless he is exprefly bound: And
if in a Bond a Man binds his Heirs, but not himſelf,
the Bond is void. 2 Saund. 136. Cro. Fac. 570. Alfo
a Man fhall never bind his Heir to Warranty, where
himſelf was not bound: If he makes a Feoffment in
Fee, and binds his Heirs only to Warranty, the
Feoffment is void, for the Heir fhall be bound to
Warranty in fuch Cafes only, where the Ancestor
was bound, without which it cannot defcend upon
him. 1 Inft. 386. And Warranties and Eftoppels
fhall defcend upon the Heir general, and not upon
any special Heir, &c. So that if a Man convey Land
with Warranty against him and his Heirs, his Heir
on the Mother's Part fhall not be vouched by this,
fo long as there is an Heir on the Father's Part, &c.
Hob. 24.
A Grant of an Annuity must be for a Man
and his Heirs, to bind the Heir, although there be
Affets; and when he is named, the Heir fhall not be
bound except there be Affets. 1 Inft. 144. Where a
Perfon covenants with another to perform any A&t,
if his Heir be not named, he is not bound by it:
But in Covenants of others, that concern the Inhe-
ritance, the Heir fhall have the Benefit of them,
though not named. 5 Rep. 8. 1 Roll. Abr. 520.
Heir may enter for a Condition broken, when the
Condition is annexed to Lands, and take Advantage
of it; because if there had been no Condition, the
Land would have defcended to him: And an Heir
may perform a Condition, to fave the Land. 2 Nelf.
Abr. 929. The Heir fhall not have Money due on
Mortgages in Fec, if he be not particularly named,
I'
An
Heir-loome, (From the Sax. Heier, i. e. Hares, &
Leome, Membrum) Comprehends divers Implements
of Houfhold, fuch as the first beft Bed and other
Things, which by the Cuſtom of fome Countries
have belonged to a Houſe certain Defcents, and are
never inventoried after the Deceaſe of the Owner
as Chattels, nor do they go to the Executor, but ac-
crue to the Heir with the Houſe itſelf by Cuſtom,
and not by the Common Law: And theſe are not
devifable by Teftament; for the Law prefers the
Cuftom before a Devife, which takes not Effect till
after the Death of the Teftator, and then they are
vefted in the Heir by the Cuftom. Co. Litt. 18, 185.
But Sale in a Man's Life-time might make it other-
wife. The antient Jewels of the Crown are Heir-
looms, and fhall defcend to the next Succeffor; and
are not devifable by Will. Ibid. 185. And Heir-looms
in general are faid to extend to all large Houfhold-
Implements; of which Spelman fays thus: Omne
Utenfile robuſtius quod ab ædibus non facile revellitur, ideo-
que ex more quorundam locorum ad hæredem tranfit, tan-
quam membrum hæreditatis. And Sir Edw. Coke fays,
Confuetudo Hundredi de Stretford in Com. Oxon. eft, quod
Hæredes Tenementorum poft Mortem antecefforum fuorum
habebunt, &c. Principalium, Anglice, an Heir-loom,
viz. de quodam genere Catallorum, Utenfilium, &c. Op-
timum Plauftrum, optimam Carucam, optimum Cipbum,
&c. Co. Litt. 18.
Hegira, The Mahometan Era, or Computation of
Time, beginning from the Flight of Mahomet from
Rome, 16 July, Anno 622.
Helfing, A Brafs Coin among the Saxons, equi-
valent to our Half-penny.
Hellen-Wall, Is an End Wall, that defends the
Reft of the Building, from the Sax. Helan, to co-
ver; hence a Thatcher, Slater or Tiler, who co-
vers
1
HE
HE
vers the Roof of a Houfe, is in the Weſtern Parts
of England called a Hell er Paroch. Antiq. 573-
Hemp and Flat. None may water Hemp or Flax
in any River, running Water, Stream, Brook, or
common Pond, where Beafts are used to be watered;
but only in their feveral Foods, &c. for that Pur-
pofe, in Pain of 20 s. Stat. 33 H. 8. c 17. Perfons
coming from abroad, ufing the Trade of Hemp or
Flax Dreffing, and of making Thread, Weaving
Cloth made of Hemp or Flax, or making Tapeftry
Hangings, Twine or Nexts for Fishery, Cordage.
c. after three Years, fhall have the Privileges of
Natural born Subje&ts. Stat. 15 Car. 2.
| by King Edward 3. and the Two latter by Edward
4. and Henry 8. To thefe, upon the Coming of
King George to the Crown, on Account of his Hano
verian Dominions, a new Herald was made, called
Hanover Herald, and another ftiled Gloucester, King
at Arms. Anno I Geo. I. And lastly, to the fupe-
rior and inferior Heralds, are added Four others
called Marshals or Purfuivants at Arms, who com-
monly fucceed in the Places of fuch Heralds as die,
or are preferred; and they are Blue Mantle, Rouge-
Crofs, Rouge Dragon, and Portcullis; all equipp'd with
proper Enfigns, Badges and Diftin&tions. The an-
tient Heralds have been made a Corporation or Col-
lege under the Earl Marshal of England, with cer-
tain Privileges by the Kings of this Realm: Concef-
ferunt, &c. Heraldi Armorum, & omnes alii Heraldi,
Profecutores five Purfuivandi Armorum, qui pro tenipore
Henedpenny, A customary Payment of Money, fuerint, imperpetuum, fint unum Corpus Corporatum, in
initead of Hens at Christmas; mentioned in a Char-re, facto, & nomine; habeantque fucceffionem perpetuam,
ter of King Edward. 3. Mon. Angl. Tom. 2. p. 327. nec non quoddam figillum commune, &c. Dat. &c.
Du Frefne is of Opinion, it may be Hen-peny, Galli- Spelm. Gloff. Herald's Court of Honour. See Honor-
nagium, or a Compofition for Eggs: But Cowel thinks Courts.
it is misprinted Hened-peny, for Heved-peny or Head-
peny
Henchman, Heuxman, A German Word, fignify-
ing Doefticum, it is uled for a Man that runs on
Foot, attending upon a Perfon of Honour. 3 E. 4. 5.
24 H 8.13
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of
Henghen, (Sax.) A Gaol, Prifon or Houfe
Correction. Leg H. 1. c 65.
Heozdielte, (Sax. Heorthfaft, i. c. Fix'd to the
Houle or Hearth) Is the fame with Hufeftane, the
Mafte of a Family, LL. Canuti, cap. 40.
Heordpeny, (From the Sax. Heorth, focus & Pen-
ning, Denarius) Olim Romefcot, poftea Peter
&
pence. Lee. Edgar. apud Brompt. c. 5.
Herbage, (Herbagium) Is the green Pafture and
Fruit of the Earth, provided by Nature for the Bite
or Food of Cattle: And it is ufed for a Liberty that
a Perfon hath to feed his Cattle in the Ground of
another Perfon; or in the Foreft, &c. Cromp. Furifd.
197.
Herbagium anterius, The first Crop of Grafs or
Hay, in Oppofition to the fecond Cutting, or After-
Math. Paroch. Antiq. 459.
Herbinger or Harbinger, (From the Fr. Herberger,
i. e. Hofpitio accipere) Significs an Officer of the
King's Houfhold, who goes before and allots the
Noblemen, and thoſe of the King's Retinue, their
Lodgings. It has been alfo taken for an Inn-keeper,
who has the Care of Lodging and Harbouring his
Guefts. Kitch. 176.
Herberg, (Sax.) A Houfe of Entertainment;
whence Herbigere, to harbour and entertain.
Herbury, Is a Saxon Word uſed for Inn. Blount.
Herce, (Lat. Hercia) A Harrow. Caruças &
Hercias reparare. Fleta, lib. 2. cap. 77.
Hercía, The fame as Herce; and fignifies likewiſe
a Candlestick fet up in Churches, made in the Form
of an Harrow, in which many Candles were plac'd;
chefe Candlesticks were uſed on the Sepulture of
Perfons, and fet ad Caput Cenotaphii.
Herdemic, (Herdewycha) A Grange, or Place for
Carrie and Husbandry. Mon. Angl. Tom. 3.
Herald, Heralt, or Harold, (Ital. Heraldo, Fr.
Herault, quafi Herus al us) Signifies an Officer at
Arms, Vestegan, thinks it may be derived from two
Dutch Words, viz. Here, exercitus Healt, pugil
Magnanimus; as if he fhould be called the Champion
of the Army: And the Romans called Heralds, Feciales.
Polydore, lib. 19. defcribes them thus: Habent infuper
Apparitores Miniftros, quos Heraldos dicunt, quorum pre
factus Armorum Rex vocitatur; bii Belli pacis Nun
cii, Ducibus, Comitibufque a Rege factis infignia aptant,
ac eorum funera curant. The Function of thefe Offi
cers, as now exercifed with us, is to denounce War,
proclaim Peace, and to be employed by the King
in Martial Meffages; They are Examiners and
Junges of Gentlemens Coats of Arms, and Confervers
of Genealogies; and they marthal the Solemnities at
The Coronations, and Funerals of Princes, and o- Herciebant, (From the Fr. Hercer, to harrow, and
ther great Men. The three Chief of thefe Heralds, Arabant) Arabant & Herciebant ad Curiam Domini,
are called King's at Arms; of which Garter is thee. They did plough and harrow at the Lord's
Principal, inftituted by King Henry 5. whofe Office Manor. 4 Inft. 270.
is to attend the Knights of the Garter at their Solem.
nitie, and to marfhal the Funerals of the Nobility;
And King Edw. 4. granted the Office of King of He-
valds to one Garter, cum Feudis & Proficuis ab antiquo,
c. The next is Clarencieux or Clarentius, ordained
by Edward 4. who attaining the Dukedom of Cla-
rence by the Death of George his Brother, whom he
beheaded for afpiring to the Crown, made the He
vald which belong'd to that Dukedom a King at
Arms, and called him Clarencieux; his proper Office
is to marshal and difpofe the Funerals of all the
leffer Nobility, Knights and Efquires, through the
Realm, on the South Side of Trent. The Third is
Norroy, quafi North Roy, whofe Office and Bufinefs is
the fame on the North Side of Trent, as Clarentius
on the South, which is intimated by his Name, fig-
nifying the Northern King, or King at Arms of the
North Parts. These three Officers are diftinguifhed
as follows, viz. Garter Rex Armorum Anglicorum in-
definite; Clarencieux, Rex Armorum partium Auftra-
lium: Norroy, Rex Armorum partium Borealium. Be-
fides the Kings at Arms, there are Six inferior He
valds, according to their Original, as they were cre-
ated to attend Dukes and Great Lords, in Martial
Expeditions, i. c. York, Lancaster, Chefter, Windfor,
Richmond and Somerfet; the Four former inftituted
Herdwere, Herdiman's Labour, or customary
Work done by Shepherds, Herdsmen, and inferior
Tenants. Regift Ecclef. Chrifti Cant. MS.
Herebannum, (Sax) Here, exercitus, & Ban Edic-
tum, Mulia) A Mul& for not going armed into the
Field, when called forth: Spelm.
Herebote, From the Sax. Here, and Bode a Mef-
fenger) The King's Edi&t commanding his Subjects
into the Field.
Hereditaments, (Hæreditamenta) Signify all fuch
immoveable Things, whether Corporeal or Incor-
poreal, which a Man may have to him and his Heirs
by way of Inheritance; and which, if they are not
otherwife devifed, defcend to him that is next Heir,
and fall not to the Executor as Chattels do. 32 Hen.
8. cap. 2. It is a Word of very great Extent, com-
prehending whatever may be inherited or come to
the Heir; be it Real, Perfonal or Mix'd, and tho
it is not holden, or lieth nor in Tenure. Co. Lit. §.
16. And by the Grant of Hereditaments in Convey.
ances, Manors, Houfes, and Lands of all Sorts,
Rent, Services, Advowfons, &c. will pafs. Ibid.
Hereditamentum eft omne quod jure hæreditario ad Hare-
dem tranfeat. Coke.
Hercfare,
1
HE
HE
&
C
Herefare, (Sax.) Is a going in a military Expe-
dition, or to a Warfare.
Beregeld, A Tribute or Tax levied for the Main-
tenance of an Army. See Tax.
Heremitozium, A folitary Place of Retirement
for Hermits. Radulphus Heremita locum. Heremi-
torium de M. edificavit. Mon. Angl. Tom. 3. p. 18.
Herenach, An ancient Word fignifying Archdea-
con.
·
Writ de Excommunicato capiendo, till he make Satif
faction to the Church. And denying the Truth of
the Chriftian Religion, or the Divine Authority of
the Holy Scriptures, &c. is liable, for the fecond
Offence, to three Years Imprisonment, and divers
Difabilities, by Stat. 9 10 W. 3. c. 32.
Thing condemned or forbidden by the Gospel; but
by an Obftinate Adherence to an Opinion, oppofite
to fome Article of the Chriftian Faith. See Haretico
Comburendo
Heretoche, (From the Sax. Here, exercitus, and to
gen, ducere) The General of an Army; a Leader or
Commander of military Forces. LL. Ed. Conf. c. 35.
Du Cange fays, the Heretochii were the Barons of the
Realm. Interfunt Epifcopi, Comites, Vicecomites,
Heretochii, &c. Leg. H. 1.
Heretum, A Court or Yard for drawing up the
Guards or military Retinue, which ufually attended
our Nobility. Hift. Dunelm.
Hergripa, (Sax. Her, capillus, and grypan, capere)
Signifies the Pulling any one by the Hair; which
was punishable by the Laws of Hen. 1. c. 94.
Herigaldis, A Sort of Garment called by that
Name. Blount,
Heretick, (Hæreticus) Is one that adheres to and
is convicted of Herefy, or that maintains any
Opinions or Principles contrary to the Chriftian Re
Herellita, A Soldier hired for the Wars, depart-ligion: And a Perfon is not an Heretick by doing a
ing without Licence; from the Sax. Here, and Sliten
to depart, or Slitan, feindere, diffolvere. 4 Inft. 128.
This Word is alfo writ Herefla; and Herefliz.
Herely, (Harefis) Is an Opinion contrary to found
Principles of Religion; among Proteftants it is ta-
ken for a falfe Opinion repugnant to any effential
Point of Doctrine of the Chriftian Faith revealed in
Scripture, and obftinately maintained and perfifted
in, by fuch as profels the Name of Chrift. Some
Authors fay 'tis properly the Obftinacy that makes
the Crime of Herefy, and not the Error; for when
a Man is humble, and ingenuous, and defires to re-
ceive further Light and Information, giving every
Thing urged against him its due Weight; he is not
guilty of Herefy. There is no exprefs Law or Sta-
tute that determines what fhall be called Herefy, it
being impoffible to fet down all the particular Er-
rors which may be faid to be Heretical, concerning
which there have been fo many Difputes: Yet as the
Stat. 1 Eliz. c. 1. directed the High Commiffion Court,
(fince abolished) to reftrain the fame to what had
been adjudged fo by the Authority of the Scriptures;
or by the first four General Councils, or any other
general Council wherein it was declared Herify by
exprefs Words of Scripture; or as ſhould be deter-
mined to be fuch by Parliament, the Convocation
affenting: Thefe Rules may be a good Direction to
the Judges of the Ecclefiaftical Courts in Relation
to Herefy 3 Inft. 40. H. P. C. 3, 4. Opinions con-
demned by Scripture, or the four firft General Coun-
cils, viz. of Nice, Ephefus, Conftantinople and Chalcedon,
fhall be accounted Herefy. Fenk. Cent. 210. See 12 Rep.
57. The Archbishop, or Bishop of every Diocefe,
have Power to convict any for Herefy; this is by the
Common Law. And by the 23 Hen. S. c. 9. the Arch
bishop of either Province may cite any Perfon before
him for Herefy, if the immediate Ordinary or Bi-
fhop confent thereto; or do not his Duty in punish-
ing the fame. The Convocation may declare what
Tenets are Heretical; and fome fay that an Here-
tick may be convicted before an Archbishop and
Bishops, &c. at a general Convocation; but it is
faid to be a Queftion of late, whether they have
Power to convene and convict the Heretick. 2 Roll.
Abr. 226. 1 Hawk. P. C. 4. The Temporal Courts
cannot take Cognifance of any Perfon for Herefy,
by Indictment, or otherwife; but they may inci-
dently adjudge whether any Tenet be Herefy or
not, as in a Quare Impedit, where the Bishop pleads,
that he refufed the Clerk for Herefy, &c. 5 Rep. 58.
And if a Perfon in Maintenance of his Errors fets
up Conventicles, and raiſes Factions, to the Disturb-
ance of the publick Peace; he may be fined and
impriſoned, upon an Indictment at the Common Law.
2 Hawk. 4. Herefy was anciently Treafon, according
to Lord Finch; and the Punishment for Herefy was
Burning, by Force of the Writ de Heretico Combu-
rendo; but the Heretick forfeited neither Lands nor
Goods, because the Proceedings against him were
only pro falute Anime. H. P. C. 5. 3 Inft. 43. Raym.
407. By the Stat. 29 Car. 2. c. 9. the Proceedings
on the Writ de Heretico Comburendo, and all Punish-
ments by Death in Purſuance of any Ecclefiaftical
Cenfures, are taken away: And all the old Statutes
which gave Power to arreft or impriſon Perfons for
Herefy, &c. are repealed: But by the Common
Law, an obftinate Heretick being excommunicate,
is ftill liable to be imprisoned by Virtue of the
Heriot, (Heriotum) Is in the Sax. Heregate, de-
rived from Here, i. e. Exercitus, an Army, and Gate,
a Beaft; and fignified originally a Tribute given to
the Lord of a Manor for his better Preparation for
War. By the Laws of Canutus, at the Death of
the great Men of this Realm, fo many Horſes and
Arms, were to be paid as they were in their re-
fpe&tive Life-times obliged to keep for the King's
Service. Spelm. Sir Edw. Coke makes Heriot, or He-
regat, (from Herus Lord) the Lord's Beaft: And it
is now taken with us for the beſt Beaft, whether it
be Horfe, Ox, or Cow, that the Tenant dies pof
feffed of, due and payable to the Lord of the Ma-
nor; and in fome Manors, the beft Goods, Piece of
Plate, &c. Kitch. 133. There is Heriot Service, or
Heriot-Custom: Heriot-Service is payable on the Death
of Tenant in Fee-fimple; and Heriot-Cuftom upon the
Death of Tenant for Life: When a Tenant holds
by Service to pay a Heriot at the Time of his
Death, which Service is expreffed, and especially
referved in the Deed of Feoffment, this is Heriot-
Service; and where Heriots have been customarily
paid Time out of Mind, after the Death of Tenant
for Life, this is Heriot Cuftor. Co. Lit. 185. Heriots
by Cuftom are commonly paid for Copyhold Eftates;
and if an Heriot is referved upon a Leafe, it is He-
riot-Service, and incident to the Reverfion. Lutw.
1366, 1367. For a Heriot goes with the Reverſion,
as well as Rent; and the Grantee of the Reverfion
fhall have it. 2 Saund, 166. Although a Heriot re-
ferved upon a Leafe is called an Heriot-Service; yet
it is not like the Cafe where a Man holds Land by
the Service of paying an Heriot, &c. becauſe where a
Heriot is referved on Leafe, the proper Remedy is
either a Diftrefs, or A&tion of Covenant grounded
on the Contract; for the Leffor cannot feife, as the
Lord of a Manor may do, the Beaft of his Tenant
who holds of him by Heriot-Service. Keilw. 82, 84.
There may be a Covenant in Leafes for Lives, &c.
to render the beſt Beaſt, or ſo much in Money for
an Heriot, at the Ele&tion of the Leffor; in which
Cafe the Leffor muft give Notice which he will ac-
cept, before Action may be brought for it, or a
Diftrefs taken, &c. 2 Lill. Abr. 19. For Heriot-Ser-
vice, the Lord may diftrain any Beaft belonging to
the Tenant on the Land: Alfo it has been held,
that the Lord may diftrain any Man's Beafts which
are upon the Land, and retain them 'till a Heriot is
fatisfied. 1 Inft. 185. Lit. Rep. 33. And if the Te-
nant devifeth away all his Goods, &c. yet the Lord
thall
4
HE
HI
:
.
fhall have his Heirot on the Death of the Tenant.
Stat. 13 Eliz. cap. 5. For Heriot-Custom, the Lord is
to feife, not diftrain; and he may feize the beft
Beaft, c. though out of the Manor, or in the
King's Highway, becauſe he claims it as his proper
Goods, by the Death of the Tenant, which he may
feiſe in any Place where he finds it. Kitch. 267. 2 Inft.
132. 2 Nelf. Abr. 931. The Lord may properly feile
for Heriot Custom, and take a Diftrefs for Heriot-Ser-
vice: And for Heriot-Custom, he may feife any where
but for Heriot-Service, on the Land only: Though it
has been adjudged, that a Heriot-Custom or Service,
may be ſeiſed any where; but one cannot diftrain
for them out of the Manor. Plowd. 96. Keilw. 84.
1 Salk. 356. Where a Woman marries and dies, the
Lord fhall have no Heriot-Custom, becauſe a Feme
Covert can have no Goods to pay as a Heriot. 2 Leon.
239. And when a Heriot is to be paid by a certain
Life of his own Goods, an Affignee is not liable to
pay the Heriot; his Goods not being the Goods of
fuch Life. Cro. Car. 313. 2 Nelf. 932. If the Lord
purchaſe Part of the Tenancy, Heriot-Service is ex-
tinguished; but it is not fo of Heriot-Custom 8 Rep.
105. There is this Difference between Heriot and
Relief; Heriot has been generally a Perfonal, and Re-
lief always a predial Service.
1
Herilchild, (From the Sax, Here, and Scyld, i. c.
Scutum) Military Service, or Knight's Fee.
Heriftall, (Sax. Here, an Army; and Stall, Statio)
A Caftle. Blount.
Hermaphrodite, (Hermaphroditus) A Perfon that is
both Man and Woman. Lit. Dict. And as Herma-
phrodites partake of both Sexes; they may give or
grant Lands, or inherit as Heirs to any, and fhall
take according to the prevailing Sex. 1 Inft. 2. 7.
Hermer, Among the Saxons was a great Lord;
from the Sax. Hera, i. e. Major, and Mare, Domi-
nus.
Hermitage, (Hermitagium) The Habitation of a
Hermit: The Hermitory is faid to be the fame; but
in an old Charter Mention is made of Capella, five
Hermitorium, where it should fignify a Place of
Prayer belonging to an Hermitage. See Heremito-
rium.
こ
​Herring Silver, Seems to be a Compofition in
Money, for the Cuftom of paying fuch a Number of
Herrings, for the Provifion of a religious Houfe, &c.
Placit. Term. St. Trin. 18 Ed. 1.
Herrings. It is unlawful to buy or fell Herrings
at Sea, before the Fishermen come into the Haven,
and the Cable of the Ship be drawn to the Land.
31 Ed. 3. Stat. 2. No Herrings fhall be fold in any
Veffel, but where the Barrel contains 32 Gallons,
and Half Barrel and Firkin accordingly; and they
muſt be well packed, of one Time's Packing and
Salting, and be as good in the Middle as at the
Ends, on Pain of Forfeiting 3 s. 4 d. a Barrel, &c.
by Stat. 22 Ed. 4. cap. 2. The Veffels for Herrings
are to be marked with the Quantity, and Place
where Packed; and Packers to be appointed and
fworn in all Fishing Ports, &c. under the Penalty
of 100 7. Stat. 15 Car. 2. cap. 16.
Helia, An Ealement.Ufque ad quandam He-
fiam ante Meffuagium, &c. Chart. Antiq.
Hella, Is a Corruption of the Lat. Hecta, fignify-
ing a little Loaf of Bread.
Heftcon. King Athelftane in his Return from the
North, after a Victory, went to Beverley, where he
gave to God, &c. Quafdam avenas, vulgariter dictas
Heftcorne, percipiendas de Dominiis & Ecclefis in illis
partibus, quas, &c. Mon. Angl. Tom. 2. p. 367.
Heliha, A Capon, or young Cockerill.
Quando Rex ibi veniebat, reddebat ei unaquaeque Caru-
cata 200 Hefthas. Domesday.
Heuvelborth, From the Sax. Healf, i. e. Dimi-
dium, & Borgh, Debitor vel Fidejuffor) A Surety for
Debt, Quia qui fide jubet, Debitorem fe quodammodo
conftituit. Du Freine.
Hexam and Hexamshire, Anciently Haguftald, was
a County of itself, and likewife a Bishoprick, en-
dowed with great Privileges: But by the Stat. 14 E-
lix, c. 13. it is enacted, that Hexam and Hexam fhire,
fhall be within and accounted Part of the County of
Northumberland. 4 Inft. 22.
Heymetus, A Net for catching of Conies; a Hay
Net. Placit. Temp. Ed. 3.
Hídage, (Hydagium) Was on extraordinary Tax,
payable to the King for every Hide of Land. Bra-
on writes of it thus: Sunt etiam quadam communes
Præftationes, que fervitia non dicuntur, nec de Confuetu-
dine veniunt, nifi cum neceffitas intervenerit, vel cum Rex
venerit; ficut funt Hidagia, Coragia, & Carvagia, ex
confenfu communi totius Regni introducta, &c. Bract.
lib. 2. cap. 6. This Taxation was levied not only in
Money, but Provifion of Armour, &c. And when
the Danes landed at Sandwich, in the Year 994.
King Ethelred taxed all his Land by Hides, fo that
every 310 Hides found one Ship furnished; and e-
very 8 Hides found one Jack and one Saddle, to
arm for the Defence of the Kingdom, &c. Some-
times the Word Hidage was ufed for the being quit
of that Tax; which was alfo called Hidegild, and in-
terpreted from the Saxon, a Price or Ranfom paid
to fave one's Skin or Hide from Beating. Sax. Di&t.
See Danegeld.
hide of Land, (Hyda Terre, Sax. Hydeland, from
Hyden, tegere) Is fuch a Quantity of Land as might
be plowed with one Plough in a Year; or as much
as would maintain a Family. Terms de Ley. Crempton
in his Jurifd. fays, it contains an hundred Acres;
and others hold it to be four Yard-Lands: But Sir
Edw. Coke faid, that a Hide, or Plough-Land, Yard-
Land, c. contain no certain Number of Acres.
Co. Lit. 69. The Diſtribution of England by Hides of
Land is very antient; Mention being made thereof
in the Laws of King Ina, cap. 14.
Hide and Gain, Signified arable Land; to gain
the Land, being as much as to till it. Co. Lit. 85.
Hidel, A Place of Protection or San&tury. Stat.
Hen. 7. cap. 6.
High Treafon, (Lefa Majeftas.) See Treafon.
Highway, (Via Regia) Is a Paffage for the King's
People, for which Reafon it is called the King's
Highway; but the Freehold of the Soil is in the
Lord of the Manor, or the Owner of the Land on
each Side; and if there are Trees and other Profits
there, they belong to him. Dalt. 76. Our Books
mention three Kinds of Ways. ift, A Foot-way,
which is called Iter, quod eft jus eundi vel ambulandi bo-
minis. 2d, A Foot-way and Horfe way, which is
termed Actus ab agendo; and this is called a
pack
and prime Way, becauſe it is both a Foot-way,
which was the firft or prime Way, and a pack or
drift Way alfo. 3d, Via, or Aditus, which contains
the other two, and likewife a Cart-way, &c. And
this is either the King's Highway for all Men, or
Communis ftrata, belonging to a City or Town, &c.
and is called by our ancient Writers Chimin, be-
ing a French Word for a Way. Co. Lit. 56. Any one
of the aforementioned Ways, may properly be
called the Highway; if common to all the King's
People; and fo may a private Way that leads
from Town to Town, and is a Thorough fare: If a
Way leads to a Market-Town, is a Way for Tra-
vellers, and has a Communication with a great
Road, &c. it is a Highway; but if it leads only to a
Church, a Village, or the Fields, &c. there it is a
private Way. Co. Lit. 56. Ventr. Rep. 189. A Foot-way
common to all People, is a Highway, although it do
not lead to a Market-Town: A common Street is a
Highway; and fo may a River be faid to be, that is
common to all Men. Ibid. Highways which lead
from one Town to another; and thofe Highways
that are Drift-ways, or Cart-ways, leading from
Market to Market, that are Ways for all Travel.
lers, and great Roads, or do communicate with
5D
-
them,
&
HI
HI
1
them, are only under the Care of Surveyors, as to Cafe, this fhall not diſcharge him, on an Informa-
Reparation, &c. 2 Inft. 38. 1 Ventr. 189. A Highway tion against him; though it may be a Mitigation of
lying within a Parif, the whole Parifh is of com- his Fine. 3 Salk. 183. Alfo it is no Excufe for the
mon Right bound to repair it; except it appear that Inhabitants of a Parish indicted at Common Law,
it ought to be repaired by fome particular Perfon for not repairing the Highways, that they have done
either ratione Tenure, or by Prefcription. 1 Ventr. 183. the Work required by Statute; for the Statutes are
Style 163. The King by the Common Law may a-made in Aid of the Common Law: And when the
ward his Commiffion for amending the Highways and Statute-Work is not fufficient, Rates and Affeff-
Bridges throughout the Realm. Dält. 77. And all the ments are to be made. Dalt, c. 26. The Prefentment
Country ought to make good the Reparations of a of a Juftice of Peace on the Statute of 5 Eliz. upon
Highway, where no particular Perfons are bound to his own Knowledge of a Highway out of Repair, is
do it; by Reafon the whole Country have their of the fame Effect as a Prefentment of twelve Men;
Eafe and Paffage by the faid Way. Co. Rep. 13. By but the Authority of Juftices of Peace is limited
the ancient Common Law, Villages are to repair only to common Highways, and not to private Ways;
their Highways, and may be punished for their De- and the Prefentment of the Juftices may be tra-
cay; and if any do injure, or traiten the Highway, verfed by the Defendants, &c. On a Prefentment
he is punishable in the King's Bench, or before Ju- of a Highway out of Repair, and that the Inhabi-
ftices of Peace, in the Court Lect, c. 27 Aff. 63. tants of fuch a Parish ought to repair it; upon a
Cromp. Furifd. 76. A Hamlet within a Parish is not Traverfe to this Prefentment, the Jury found it was
obliged to repair a Highway, except it be by Pre-not a common Highway: And it was adjudged that
feription, or for fome other fpecial Reafon; becaufe the Inhabitants ought to have pleaded Reparare non
of common Right the whole Parifh is charged with debent, and that fuch a Perfon, naming him, ought
it: But though a Hamlet be not bound to the Reto repair; but by taking this Traverfe, the Pre-
pairs of common Right, yet a Vill may. Style 163. fentment is admitted to be good. 4 Mod. 38. A
Private Ways are to be repaired by the Village Prefentment before Juftices of Peace of a Way our
or Hamlet where they lic; and fometimes by of Repair, &c. may be removed into B. R. And
particular Perfons. 1 Ventr 189. Where a Parish an Indictment for not repairing of Highways, may
is indicted for not repairing a Highway, they be thus removed by Certiorari: But by the Statute
cannot plead Not guilty, and give in Evidence 3&4 W. & M. all Matters concerning Highways,
that fuch a one is bound to repair it, either by c. are to be tried and determined in the County
Tenure, or Preſcription; for the Parish is charge-where they lie; and no Prefentment, Indictment,
able de Communi jure, and they must plead the Pre- or Order made by Virtue of this Act, fhall be re-
fcription, &c. if they would discharge themselves. moved by Certiorari out of the County. Though if
1 Ventr. 256. 1 Mod. 112. The General Iffue Not the Right or Title to repair fuch Ways come in
guilty, goes only to the being in Repair, or nor; Queftion, upon Suggeſtion and Affidavit made there.
and a special Juftification ought not to be given in of a Certiorari may be had to remove the Indi&ment
Evidence upon the General Iffuc. 1 Salk. 287. On into B. R. notwithstanding the aforefaid Statute 5
Indictment against a Parish, they can give nothing 6 W. & M. cap. 11. In Cafes of Trials on India-
in Evidence upon Not guilty, but that the Way is ments, relating to the Highways, thofe Perfons in
in Repair: Though where a private Perfon is in-the Parish who are no way liable to the Repara-
dicted for not repairing a Highway, he may give in tions will be good Evidence; but Perfons chargea-
Evidence that another is to repair, becauſe he is ble to the fame will not. Hill. 14 15 Car. 2.
&
not bound of common Right as a Parifh is. Mich. Stat. Ann. c. 18. A Perfon may be indicted for
8 W. 3. 3 Salk. 183. Though a Highway be not fet not repairing a Houfe ftanding upon a Highway,
forth in the Indiament to lead to any Market- which is ruinous, and like to fall down, to the Dan-
Town, it has been adjudged no Objection; for every ger of Travellers, whatever be his Tenure, which
Highway leads to fome Market-Town, or Vill, &c. in fuch Cafe is not material. 1 Salk. 357. And in
Nor is it neceffary to fhew that the Profecutors of Respect of Inclofure of Land, wherein a Way lies,
a Man, for not amending an Highway, are Survey-particular Perfons may be liable to the general
ors, &c. 2 Roll. Rep. 412. But the Indictment muft Charge of repairing a Highway. H. P. C. 144. S
fhew with Certainty, in what Place a Nufance was H. 7. 5. If any Perfon inclofe any Part of a High-
done, the Extent of it, &c. And the Fact is to be way, or Wafte adjoining, he thereby takes upon
fet forth in proper Terms, that the Court may him to keep the Way in Repair; but if afterwards
judge of it. 1 Hawk. P. C. 220. An Indictment he lays it open again, he fhall be difcharged from
concerning the Highways, ought to fet forth that it is the Reparation, and the Parish is to repair it. 1
the King's Highway, and for all the King's liege Sid. 464. Cro. Car. 306. Where a Man enclofes his
People; or it may be quafhed. Co. Lit. 56. Cro. Land on both Sides of a Highway, though he makes
Eliz. 63. The Indi&ment muft fhew from what the Way better than was before, by the Encloſure,
Place to what Place the Highway leads, c. Hill. he is bound to keep it in Repair at his own Char-
9 W. Style 356. Upon an Indictment for not re-ges; and the Country is freed from the Charges of
pairing a Highway, if the Defendant produce a Cer-it, which before was bound to do it: And if a Per-
tificate before Trial, that the Way is repaired, he fon enclofe Land of one Side of the Way only, and
ſhall be admitted to a Fine: But after Verdict, the it was antiently enclofed of the other Side; he
Certificate is too late, for then he muſt have a Con- that makes the new Inclofure, is to repair the
ftat to the Sheriff, who ought to return that the Way whole Way; though if there hath not been
any
is repaired, becauſe the Verdict, which is a Record,
must be anſwered by a Record. Raym. 215. And
where the Defendants, indicted for not repairing a
common Foot-way, confeffed the Indictment, and
fubmitted to a Fine; it was held, that the Matter
was not ended by their being fined, but that Writs of
Diftringas fhall be awarded in infinitum, 'till the
Court of B. R. is certified that the Way is repaired,
as it was when it was at beft; but the Defendants
are not bound to put it in better Repair than it has
been Time out of Mind. 1 Salk. 3.58. If a Defen-
dant hath made a Highway, as good as it is capable
of being made, it was faid in an extraordinary
See
In-
clofure of the other Side, then but half of the Way
is to be repaired by him. Cro. Car. 366. 2 Saund. 160.
I Danu. Abr. 783. When any Perfon turns a High.
way, or enclofes a Field to his own Benefit, leaving
a Way, he is to repair the Way at his own Charge,
and make it paffable, although it were founderous
before. Cro. Car. 306. If a Highway leading through
a Field is founderous, Travellers may go out of the
Track-way, notwithstanding there be Corn ſown :
And where it hath been ufed Time out of Mind for
the King's Subjects to go by Outlets on the Lands
next the Highway, when the Way is founderous, the
Outlets are a Part of the Way, for the good Paf
5
fage
{
HI
HI
fage is the way. Telv. 141. Trin. 10 Čar. B. R. 11 of the Highways, under the Penalty of 13. 6 d. per
Dano. 712. If there be a common Foot-way through Day. Stewards of Lects are empowered to enquire
a Clofe by Prefeription, and the Owner of the of all Offences against this Statute, and to affefs
Clofe ploughs up the Way, and fows it, and lays Fines and Amerciaments; in Default thereof, the
Thorns at the Side of it, Paffengers may go over Juftices of Peace in their Seffions are to enquire of
another Foot-way in the fame Clofe, without being the faid Offences: And the Fines, which are levia-
Trefpaffers. Yelv. 142. And if a Highway is not ble by Diftrefs, and all Forfeitures, fhall go towards
fufficient, any Paffenger may break down the In- the Repairing of the Highways. By the 18 Eliz. cap.
clofure of it, and go over the Land, and juftify it 10. Perfons having a Plough-land in feveral Pa-
till a fufficient Way is made. 3 Salk. 182. One High-rishes, fhall be charged with a Team only where
way cannot lawfully be stopped, and another laid they refide; but every Perfon occupying and keep
our, without the King's Licence upon a Writ of Ading in his Hands feveral Plough lands, in ſeveral
quod Damnum, after Return of the Inquifition. Cro. Towns, or Pariſhes, fhall be chargeable to find in
Car. 266. Vaugh. 341. But this in fome Measure each Town where the Lands lie, on Wain, c.
is altered by the Statute 8 & 9 W. 3. To change And it has been adjudged, that he who occupies fe-
an ancient Highway, there must be this Writ; or veral Plough-lands, ought to fend a Team for each,
the Subjects cannot justify going there, nor are they whether he keep any Draught or not; that he who
liable to repair it, or the Hundred antwerable for keeps a Draught and but two Horfes, is obliged to
Robberies, c. Vaugh. Ibid. Erecting a Gate croſs give his Attendance with it for repairing of the
a Highway, though not locked, but opening and Highways; and a Clergyman keeping a Coach and
fhutting at Pleaſure, is cfteemed a Nufance; for it Horfes, not a Team, is bound to let out a Wain
is not fo free and cafy a Paffage, as if there had towards the Repairs of the Highways; a Coach
been no Gate: And the ufual Way of redreffing and Horfes doing as much Damage to the Ways as
Nufances of this Kind, is by Indictment; but eve-a Cart and Horfes; and Clergymen are not exempt-
ry Perfon may remove the Nufance, by cutting or ed from the publick Duties of the Nation. Raym.
throwing it down, if there be Occafion fo to do; and 186. Dalt. 105. 1 Lev. 139. A Man keeps a Cart
it hath been held, that although there are many for Hire, and goes with one or two Houfes; he
Gates cross Highways, they must be anciently fet up, fhall fend his Cart for the Amendment of the High-
and it fhall be intended by Licence from the King ways, with as many Horfes as he goes withal: And
upon the Writ Ad quod Damnum. Cro. Car. 184. All Brickmakers, &c. in Middlefex, have been adjudged
Manner of Injuries to Highways which render them to fend fo many Draughts as they keep. Mich. 27
lefs commodious to Travellers, are adjudged Nu-Car. 2. If a Man hath Plough-lands, though he
fances; as Laying Logs of Timber in Ways, Erect- hath no Draughts; or if he hath Draughts, and no
ing Gates, or making Hedges overthwart them, Per-Lands, he muft fend our Teams: But in fuch Places
mitting Boughs of Trees to hang over the Road; where there is no Ule of Carts and Teams for the
Digging Ditches, &c. 2 Roll. Abr. 137. If a Carrier Amendment of Highways, the Inhabitants ſhall ſend
carries an exceffive Weight, as more than twenty Horfes or other Carriages with able Perſons to work,
Hundred, and thereby fpoils the Way; this is a under certain Penalties, by Stat. 22 Car. 2. cap. 12,
Nufance. Mich. 17 Car. And drawing with more And this Statute gives Power to Juftices of Peace
Horses than allowed by Law, to the Injury of the in their Seffions, to enquire into the Value of Lands
Highways; or with Wheels under fuch Breadth, given for the Maintenance of Highways, &c. and
is puniſhable, and liable to certain Forfeitures of to fee that they are let to the full Value, and the
Horfes, by Stat. I Geo. I. c. 11. 5 Geo. 1. c. 12. A Rents and Profits duly applied. And likewife the
Nufance in a Highway is punishable by Indictment, Juftices at their general Quarter-Seffions, on their
Information, S. And if in a common or private being fatisfied that the common Highways cannot be
Way, by A&tion on the Cafe; and if a private Way repaired by Force of the Laws in Being, may cauſe
in a Vill, &c. be ruinous and out of Repair, every one or more Affeffments to be made and levied
Inhabitant has a Right to bring an Action. 1 Vent. upon the Inhabitants, Owners and Occupiers of
208. For avoiding Multiplicity of Suits, Indict- Lands, Tenements and Hereditaments, or any per-
ments, &c. are to be had for Nufances in Highways, fonal Eftate, ufually rated to the Poor, towards the
and not Actions; but for any particular Damage, Repairing fuch Highways; and fuch Affeffments fhall
not common to others, a Man fhall have Action on be levied by Diftrefs and Sale of Goods of the Per-
the Cafe 1 Inft. 56. An old Law has ordered that fons affeffed, not paying the fame within ten Days,
the Highways should be enlarged, and all the Buſhes &c. Stat. Ibid. And it has been refolved, that it is
and finall Wood near to be cut down, that there the Occupier, and not the Owner of Land, who is
might be no hiding Places for Thieves within 200 chargeable with the Repairs of Highways: But it is
Foot of either Side; and if by Default of the fame, otherwife where there is no Occupier, and the
any Robbery were done, the Lord of the Place to Owner fuffers the Lands to lie fresh, &c. For in
make it good; and if any Murder, he fhall be fi-fuch Cafe he fhall be charged as if he had occupied
ned, &c. Stat. 13 Ed. 1. c. 5.
them. 2 Roll. Rep. 412. Palm. 389. By 5 Eliz. c. 13.
For repairing Highways, by Statute 2 & 3 P. & M. Surveyors of the Highways may take and carry a
cap. 8. it is enacted, That Conftables and Church-way the fmall broken Stones of any Quarry, being
wardens of Parishes, calling together the Parishio already dug, without the Licence of the Owners,
ners, fhall yearly clea two honeft Perfons to be for the Amendment of the Highways; and they
Surveyors of the Highways, who arc authorized to may dig Gravel in the Ground of any Perfon
order and direct the Perfons and Carriages that adjoining to the Highway, not being a Garden, Mea-
fhall be employed in the Works for the Amendment dow, &c. provided they make not above one Pi of
of the Highways; and the Perfons chofen fhall take ten Yards fquare in one Ground, and ſuch Pits be
upon them the Execution of the Office, on Pain of filled up in one Month; and may gather Stones
forfeiting 20 s. Alfo Days are to be appointed for upon any Lands in the Parish, to be employed in
Working on the Repairs of Highways; on which e- the Amendment of the Ways: And the Surveyors
very Perfon having a Plough land, (formerly 100 are alfo empowered to turn any Water-courfe or
Acres, now 501. per Annum) or keeping a Draught, Spring, being in any Highways, into the Dirches of
or Plough, hall ſend out one Wain or Cart, furniſh- the Grounds adjoining. The Hedges and Ditches.
ed with Horfes, Oxen, Tools, &c. and two able adjoining to the Highways, fhall from Time to Time
Men with the fame, on Pain of 10 s. for every De- be kept low and (coured; and the Trees and Buſhes
fault; and every Houfholder, Cottager and Labour-growing in Highways cut down, that the Ways may
er, fhall work on the faid Days for the Amendment lie open: There fhall be fix Days yearly appointed
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to be employed in the Reparation and Amendment Ground of any Garden, & And a Jury fhall be
of the Highways; of which Notice fhall be given in impanelled to enquire of the Value of the Ground
the Church the next Sunday after Easter: And Sur-taken into Highways, and affels Damages as a Re-
veyors of the Highways are to prefent Defaults with-compence for Injuries; on the Payment of which,
in one Month, to the next Juftice of Peace, on Pain the Intereft of fuch Ground fhall be devefted out of
of forfeiting 40s and the faid Justice fhall certify the Owners, ond the Ground be taken to be a pub-
the faid Prefentment to the next General Seffions of lick Way: The Juftices may alfo caufe Affeffments
the Peace, at which Seffions the Offender fhall be to be made upon the Occupiers of Lands, &c. for
fined; alfo here the Prefentment of a Juftice in Sef- the Purchaſe of the faid Ground to enlarge the faid
fions on his own Knowledge, fhall be a good Con- Highways. And Perfons aggrieved by the Order of
viction, whereupon Fines may be affeffed on Offen-Juftices in their Quarter Seffions for enlarging High-
ders, &c. and this Statute is made perpetual by 29 ways, may appeal to the Judges of Affife at the
Eliz. c. 5. Juftices of Peace, &c. are to appoint next Affifes, &c. Surveyors of the Highways, by
particularly the fix Days for working on the High- Precept from the Juftices in their fpecial Seffions,
ways by Statute, and not generally between fuch a are to fix a Stone or Poft with Inferiptions in large
Time and fuch a Time; which Appointment is ill, Letters, where two or more crofs Ways meet; as a
and Perfons are not bound to come thereon. I Salk. Direction to Travellers to the next Market-Town,
357. The Stat 3 & 4 Will. & Mar. cap. 12. ordains, to which each of the Ways lead, on Pain of for-
That all the Laws and Statutes concerning the Re- feiting 10 s. to be employed in creating fuch Poft:
pairing of the Highways, not thereby repealed or And if any Perfon fhall pull up, cut down, or re-
altered, fhall be put in Execution: And on the 26th move any Poft, Block, or great Stone, or other Se-
of December yearly, the Parish Officers and Inha-curity fer up for fecuring Horfe and Foot Caufeys,
bitants of every Pariſh are to affemble and make a he fhall forfeit 20s. leviable by Diftrefs, &c. 7 & 8
Lift of the Names of Perfons having 10 per An W. 3. cap. 29. The 1 Geo. 1. c. 52. enacts, that the
num, or perfonal Eftate of 100l. or who rent 301. Laws for repairing of Highways fhall be put in Force;
per Ann. or if there be none fuch, of the moft fuffi and Surveyors of the Highways are every four
cient Inhabitants, and fhall return the faid Lift to Months, or oftner, if required by two Juftices of
two Juftices of Peace at a fpecial Seffions to be held Peace, to view all Highways, &c. and give an Ac-
on the 3d of Fanuary, or within 15 Days after; count of their State and Condition to the Juftices
who are by Warrant to appoint two or more to beat their next fpecial Seffions, under the Penalty of
Surveyors of the Highways in every Parish, &c. for 51. And the Juftices in their fpecial Seffions may
the enfuing Year: And if any Surveyor, being ferorder the Reparation of fuch great Roads as molt
ved with the Warrant of Appointment of the Ju want Repairing to be firft amended, and in what
ftices, fhall neglect or refufe to take upon him the Manner. The Surveyors fhall take the first and most
Office, he fhall forfeit 51. and the Juftices fhall no-convenient Time of the Year for Repairing the
minate another, &c. And every Surveyor fhall Highways, and perfect the fame before Harveft;
within fourteen Days after the Acceptance of his and Fines, &c. are to be rightly applied for the
Office, and afterwards every four Months, view the Repairs of the Highways. Juftices of Peace at their
Highways and Roads, and make a Prefentment of Quarter-Seffions may make Affeffments for Repara-
the Condition thereof, on Oath, to fome Juftice; tion of Highways, according to the Proportion li
and give Notice of ſuch Defects and Annoyances, as mited by the Stat. 3 & 4 Will. & Mar. although the
he fhall find, the next Sunday after Sermon; and if Statute-Work hath not been performed; but Money
they are not removed or amended within thirty raifed fhall not excufe the working on the Ways.
Days after, then the Surveyor fhall do the fame, Perfons neglecting to fcour Ditches, thirty Days af
and be reimburſed his Charges by the Party who ter Notice given thereof by the Surveyors, fhall
fhould have done it: The Juftices of Peace in their forfeit 2 s. 6d. for every eight Yards not fcoured:
reſpective Diviſions, are to hold a fpecial Seffions And permitting Soil to lie in the Highways, incurs a
once in four Months for the Highways, and fummon Forfeiture not exceeding 51. nor under 205.
Surveyors, at which they fhall make Prefentments; the Surveyors are to fcour and keep open fuch
and account for Money coming to their Hands, Ditches; or may make new ones through the ad-
which ought to be employed in amending the High-joining Lands, and to remove all Annoyances out
ways And on Oath made by Surveyors of Sums ex- of the Highways. Justices of Peace in Cities and
pended for Materials, &c. to mend the Ways, the Corporations are empowered to execute the Laws
Juftices in their ſpecial Seffions may caufe a Rate relating to the Highways. Appeal lies from the fpe-
to be made to reimburſe the fame; alfo they may cial Seffions, to the Quarter-Seffions; and Perfons
make a Rate for reimburfing any Inhabitant of a fued for what they do in Purſuance of the Statutes,
Pariſh on whom a Fine fhall be levied: And in their may plead the General Iffue, and give the A&t and
General Quarter-Seffions, by Force of this A&t, they the fpecial Matter in Evidence, c. By the 7 Geo.
may order Affeffiments to be made on Lands, Tene-2. c. 9. Where, any Highways are deep and founde-
ments, not exceeding 6d. in the Pound, c.rous, and the Hedges adjoining high, preventing
Every Cart-way leading to a Market Town muſt be their Drying by the Wind, &c. being prefented at
eight Foot wide at leaft, and as near as may be le- the next Seffions, the Juftices of Peace there may
vel; and no Caufey ſhall be under three Foot wide.
Laying in any Highway not twenty Foot broad, any
Stone, Timber, Dung, or other Matter to obftruct
it, incurs a Penalty of 5s. and the Occupier of
Lands adjoining may remove and convert the fame
to his own Uſe; and no Tree or Bufh fhall be per-
mitted to grow in, or fpread or hang over fuch
Way, under the like Penalty, Surveyors neglect-
ing their Duty, required by this Statute, fhall for-
feit 40 s. and Juftices of Peace 51 and Offences a- Form of an Indictment for not Repairing of a High-
gainst this A&t are to be profecuted in fix Months,
c. By 8 & 9 W. 3. c. 16. Juftices of Peace at
their Quarter-Seffions have Power to order the En-
+
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in do not exceed eight Yards in Breadth, and they
do not pull down any Houfe, or take away, the
4
:
And
order fuch Hedges to be new made, or cut lower
by the Owner, in proper Seafon; in Default where-
of, thirty Days after Notice, the Surveyors fhall
caufe the fame to be done, and Owners to repay
them the Charge; or the Money expended may be
levied by Juftice's Warrant; by Diftrefs, &c. See
Waggon..
way.
HE Jurors, &c. That the common King's High-
+
M. in the County aforefaid, the Day and Fear, &c. was
and ftill is in great Decay, for Default of due Repa
ration
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ration and Amendment thereof, fo that the Subjects of our
Lord the King, paffing or travelling through or along that
Way, without Danger cannot pass through the fame, to
the great Damage and common Nufance of all the liege
Subjects of our faid Lord the King paffing through that
Way; And that the Inhabitants of the Town of, &c. of
Right and by ancient Custom ought to repair, and amend
the faid Highway, when and fo often as ſhould be necef-
fary; against the Peace, &c.
Highwaymen. A Reward of 41. is given for
the Apprehending and Taking of a Highwayman, to
be paid within a Month after Conviction, by the
Sheriff of the County, &c. Stat. 45 W. & M.
Vide Robbery.
!
HO
brate that Day, on which the English Conquered and
expulfed the Danes; being the fecond Tuefday after
Eafer Week.
Hockettos or Bocqueteur, Is an old French Word
for a Knight of the Poft; alfo a decayed Man.
3. Inft. 175
Hoga, Bogium, och, A Mountain or Hill, from
the Germ. Hoogh, altus; or from the Sax. Hou.
Edwinus invenit, quendam Hogam, &c. ibi edifica-
vit quandam villam quam vocavit Stanhogiam, poftea
Stanhow. Du Cange...
hogafter, (Hogaftrum) A little Hog; ir alfo figni-
fies a young Sheep: Tertium ovile pro Hogaftris anna-
tis & juvenibus. Flera, lib. 2. c. 19.
·
Hogenhine, (Sax.) Is he that comes Gueſt wife to
Hiis teftibus, Words antiently added in Deeds, an Inn or Houfe, and lies there the third Night, af-
after the In cujus rei Teftimonium; which Witreffes ter which he is accounted of that Family. Bract.
were firſt called, then the Deed read, and their lib. 3. See Third Night Acun-hind.
Names entered down: But this Claufe of His Tefti- | Hogshead, A Vefel of Wine, or Oil, &c. cord
bus in the Deeds of Subjects, has been difuted fince taining in Meaſure 63 Gallons; Half a Pipe, and
the Reign of King Hen. S. Co. Lit. 6.
the fourth Part of a Ton. 1 R. 3. c. 13.
Hindeni homines, (From the Sax. Hindene, i. c. Hokeday, Called otherwife Hock-Tuefday, (D´ès
Societàs) A Society of Men: And in the Time of the Martis, quam Quindenam Pafchæ vocant) Was a Day
Saxons, all Men were ranked into three Claffes, and fo remarkable in ancient Times, that Rents were
valued, as to Satisfaction for Injuries, &c. accord- referved pavable thereon: And in the Accounts of
ing to the Clafs they were in; the higheft Clafs were Magdalene College in Oxford, there is a yearly Allow-
valued at Twelve hundred Shillings, and were cal-anoc pro Mulieribus Hockantibus, in fome Manors of
led Twelfhindmen; the middle Clafs valued at Six theirs in Hampshire, where the Men bock the Women
hundred Shillings, and called Sexhindmen; and the on Monday, & contra on Tuesday; the Meaning of it
lowest, at ten Pounds, or Two hundred Shillings, is, that on that Day the Wonten in Merriment ftop
called Twyhindmen 5 And their Wives were termed the Ways with Ropes, and pull Paffengers to them,
Hinda's. Brompt. Leg. Alfred. cap. 12, 30, 31. defiring fomething to be laid out in pious Ufes. Sec
Hine, (Sax.) A Servant, or one of the Family: Hock-Tuefday Money.
but it is properly a Term for a Servant in Husban-
dry, and he that overfees the Reft is called the
Mafter hine. Stat. 12 R. 2. G, 4.
Hinegeld, Significat quietantiam Tranfgreffionis illata
in fervum tranfgredientem. MS. Arth. Trevor, Ar.
Hircifcunda, Is the Divifion of an Inheritance
mong Heirs. Sax.
Holde, (Sax. Hold, i. c. Summus Præpofitus) A Bai-
liff of a Town, or City: Others are of Opinion that
it fignifies a General; for Hold in Saxon is alſo fum-
Holidays, Appointed by Statute. See 56 Ed.
c.
Hinefare, (Sax. Hne, a Servant, and Fare, a Go-mus Imperator.
ing or Paffage) Signifies the Lofs or Departure of a
Servant from his Mafter.
Si quis o cidit homi- 6,
nem Regis & facit Heinfarum, dat Regi 20s. &c. Holm, (Sax. Hulmus, infula amnica) An Ile or
Domeſday.
Fenny Ground, according to Bede; or a River Island.
And where any Place is called by that Name, or
this Syllable is joined with any other in the Names
of Places, it fignifies a Place furrounded with Wa-
ter; as the Flatholmes and Stepholmes in the Severn
near Bristol: But if the Situation of the Place is not
near the Water, it may then fignify a hilly Place;
Holm in Saxon being alfo a Hill or Cliff.
duobus Holmis in Campis de Wedonc. Mon. Angl. Tom.
2. pag. 262.
Hireman, A Subject, from the Sax. Hiran, i. e.
Obedire, to obey; or it may be one who ferves in
the King's Hall, to guard him, from Hird, Aula,
and Man, Homo.
Hith, or Hyth, (Sax.) A Port, Wharf, or little
Haven, to embark or land Wares at; as Queen-hith,
c. Mon. Angl. Tem. 2. p. 142.
Wood at thofe Places.
Cum
Holt, (Sax.) A Wood: Wherefore the Names of
Towns beginning or ending with HI, as Buckholt,
Hlaford, (Sax. fignifying bountiful) Is the fame. denote that formerly there was great Plenty of
as Dominus in Latin, i. e. Lord. Leg H. 1.
Hlafozolocna, The Lord's Protection.
Dominus homini libëro Hlafordfoenam prohibeat.
Adelftan. cap. 5.
Nec
Leg.
Hlalocuer. (From the Sax. Laga, Lex, and Socn,
Libertas) The Benefit of the Law.
Homage, (Homagium) Is a French Word derived
from Homo, because when the Tenant does his Ser-
vice to the Lord, he fays, I become your Man. Co.
Lit. 64. In the Orininal Grants of Lands and Te-
nements by way of Fee, the Lord did not only ob-
loth, An unlawful Affembly from the Num-lige his Tenants to certain Services; but also took
ber of Seven to Thirty-five; and where one was a Submiffion with Promife and Oath, to be true to
accuſed of being in a Rout or Riot, he was to clear him as their Lord and Benefactor: And this Sub-
himſelf by a Mul& called Hlothbota or Hlothbote.
Sax.
Hoalimen, Are an antient Fraternity, who deal
in Sea-Coal, at Newcastle upon Tyne. Stat. 21 Jac. 1.
cap. 3.
Hoblers or Hobilers, (Hobelarii) Were Light Horfe-
men; or certain Tenants bound by their Tenure to
maintain a little light Horfe, for giving Notice of
any Invafion made by Enemies, or fuch like Peril
towards the Sea-fide; of which Mention is made in
the Stat. 18 Ed. 3. c. 7. 25 Ed. 3. c. 8. Camd. Britan.
272. They were to be Ad omnem motum agiles, &c.
And we read, Duravit. vocabulum ufque ad ætatem H. 8. |
Gentzdarmes and Hebelours. Spelm.
Hock-Tuesday-Money, A Duty formerly paid to
the Landlord, for giving his Tenants Leave to cele-
miffion, which is the most honourable, being from
a Freehold Tenant, is called Homage. Stat. 17 Ed, 2.
The Lord of the Fee for which Homage is due, takes
Homage of every Tenant, as he comes to the Land
or Fee: But Women perform not Homage but by
their Husbands, as Homage efpecially relates to Ser-
vice in War; and a Corporation cannot do Homage,
which is Perfonal, and they cannot appear but by
Attorney: Alfo a Biſhop, or religious Man, may
not do Homage, only Fealty; but the Archbiſhop of
Canterbury does Homage on his Knees to our Kings at
their Coronation; and it is faid the Biſhop of the
Iſle of Man does Homage to the Earl of Derby; tho'
Fulbec reconciles this, when he fays that a religious
Man may do Homage, but may not fay to his Lord,
Ego devenio homo vefter, I become your Man, becauſe
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t
he has profeffed himself to be God's Man, but hef Homine Eligendo ad cuftodiendam pecíam figilli
may fay, I do unto you Homage, and to you shall be pro mercatozibus éditi, Is a Writ directed to a Cor-
faithful and loyal Britton. cap. 68. There is Homage poration, for the Choice of a new Perfon to keep
by Ligeance: Homage by Reafon of Tenure; and one Part of the Seal appointed for Statutes-Mer
Homage Annceftrel: Homage by Ligeance is inherent chant, when a Former is dead, according to the Sta-
and infeparable to every Subject. Homage by Te-tute of Acton Burnel. Reg. Orig. 178.
nure, is a Service made by Tenants to their Lords
according to the Statute; and Homage Aurceftrel,
is where a Man and his Anceſtors have Time out
of Mind held their Land of the Lord by Homage,
and fuch Service draws to it Warranty from the
Lord, and Acquittal of all other Services to other
Lords, &c. Bract, lib. 3. F. N. B. 269. Litt. Sect.
85. But according to Sir Edw. Coke, there must be
a double Prefeription for Homage Annceftrel, both
in
Homine capto in Withernamium, Is a Writ for
the Apprehending of one who has taken any Man
or Woman, and conveyed him or her out of the
County, fo that they cannot be replevied by Law.
Reg. Orig. 79.
the Blood of the Lord, and of the Tenant; fo Cauſe irreplevifable, directed to the Sheriff to caufe
the fame Tenant and his Anceſtors, whoſe Heir
he is, is to hold the fame Land of the fame Lord
and his Ancestors, whofe Heir the Lord is, Time
out of Memory, by Homage, &c. and therefore there
is but little Land holden by Homage Auncefrel; tho'
in the Manor of Whitney in Herefordshire, there is one
Weft who holds Lands by this Tenure. Co. Litt. Ho-
mage Tenure is incident to a Freehold, and none
fhall do or receive Homage, but fuch as have Eftates
in Fee-fimple, or Fee-tail, in their own Right or
Right of another. Kitch. 131. Seifin of Homage is
Seifin of Fealty, and inferior Services, &c. And
the Lord only fhall take Homage, and not the Stew
ard, whoſe Power extends but to Fealty. 4 Rep. 8.
When a Tenant makes his Homage to the Lord, he
is to be ungirt, and his Head uncovered, and his
Lord fhall fit, and he fhall kneel, and hold his
Hands together between his Lord's Hands, and fay;
I become your Man from this Day forward, for Life, for
Member, and for wordly Honour, and unto you shall be
true and faithful, and bear you Faith for the Lands that
I hold of you, (faving the Faith that I owe to our Sove
reign Lord the King:) And the Lord fo fitting fhall
kifs the Tenant, c. 17 Ed. 3. Litt. Sect. 85.
Homage Jury, Is a Jury in a Court-Baron, con-
fifting of Tenants that do Homage to the Lord of
the Fee; and thefe by the Feudifts are called Pares
Curia: They enquire and make Prefentment of
Defaults and Deaths of Tenants, Admittances and
Surrenders, in the Lord's Court, &c. Kit.b.
Homine Beplegiando, Is an ancient Writ for
bailing a Man out of Prifon: It lies where a Per-
fon is in Prifon, not by fpecial Commandment of
the King, or his Judges, or for any Crime or
him to be replevied: And if the Sheriff return on a
Homine Replegiando, that the Defendant hath efloined
the Plaintiff's Body, fo that he cannot deliver him;
then the Plaintiff ſhall have a Capias in Witbernam
to take the Defendant's Body, and keep it quoufque,
And if the Sheriff return Non eft Inventus on
c.
that Writ againſt the Body, the Plaintiff fhall have
a Capias againſt the Defendant's Goods, &c. F. N. B.
66. New Nat. Br. 151, 152. Where one Man takes
away fecretly, or keeps in his Cuftody another Man
against his Will, upon Oath made thereof, and a
Petition to the Lord Chancellor, he will grant a Writ
of Replegiari facias, with an Alias and Pluries, upon
which the Sheriff returns an Elongatus, and there-
upon iffues out a Capias in Withernam: And when
the Party is taken, the Sheriff cannot take Bail
for him; but the Court where the Writ is return-
able may, if they think fit, grant a Habeas Corpus
to the Sheriff to bring him into Court and bail
him, or remand him. 2 Lill. 23. In a Homine Reple-
giando it hath been adjudged, that it doth not differ
from a common Replevin, on which the Sheriff muſt
return a Deliberari feci, or an Excufe why he doth
not: That where he cannot make Deliverance, if
he return an Elongatus, the Defendant is not con-
cluded by that Return to plead Non cepit; and af-
ter the Return of an Elongatus, and a Capias in Wi-
thernam, if the Defendant pleads this Plea, he shall
be bailed, for the Withernam is no Execution: And
after a Defendant is bailed upon the Capias in Wi-
Homager, Is one that does or is bound to do Ho-thernam, there may be a new Withernam againſt
mage to another.
Homagio refpe&uando, Was a Writ to the Ef
cheator, commanding him to deliver Seifin of
Lands to the Heir of the King's Tenant, notwith-
ftanding his Homage not done. F. N. B. 269. And
the Heir at full Age was to do Homage to the King,
or agree with him for refpiting the fame. New Nat.
Br. 563:
Homagium reddere, To renounce Homage; was
when the Tenant or Vaffal made a folemn Declara-
tion of disowning his Lord, for which there was a
fet Form and Method prefcribed by the Feudatory
Laws. Bract. lib. 2. c. 35.
HomeLoken, A Freedom that a Man hath in his
Houfe or Home; which, as commonly faid, fhould
be his Caftle, and not be invaded. See Hamfoken.
Hometall, Is taken for a Manfion-houſe. Vide
Frumftol.
Homicide, (Homicidium) Signifies the Slaying of a
Man; and is divided into Voluntary and Cafual: Vo-
luntary Homicide is that which is done with Delibe-
ration, and a fet Purpofe to kill; and Cafual Ho-
micide is where the Death of a Man happens by
Chance, without any Intention to kill: The Former
done out of Malice is Murder; and the Latter may
be Manslaughter, Chancemedley, &c. Glanvil, lib. 14.
cap. 3. Weft's Symb. Sect. 37. Co. Litt. lib. 3. cap. 8.
See Murder, &c,
Hominatio, Is the Muftering of Men; according
to Mr. Tate in MS.
him. 2 Salk. 581. And it was held, that in a Homine
Replegiando after an Elongatus returned, if the De-
fendant comes in gratis, and calls for a Declaration,
and pleads Non cepit, he fhall not be obliged to give
Bail; but if he come in upon the Return of the Ca-
pias, he must give Bail, and fhall not be admitted
to it till he call for a Declaration, and plead Non
cepit. Ibid. The Sheriff returned an Elongavit in a
Homine Replegiando, and then a Capias in Withernam
went forth; afterwards the Defendant having en-
tered an Appearance, moved for a Superfedeas to the
Withernam, and offered to plead Non cepit; which
was oppofed, unless he would give Bail to deliver
the Perfon, in Cafe the Iffue was found againſt him:
Though it was ruled, that if any Property had been
pleaded in the Party, then the Defendant ought to
give Bail to deliver him; but he fays he hath not
the Perfon, and therefore Non cepit is a proper Plea,
and he shall put in Bail to appear de die in diem. 4
Mod. 183. In this Cafe the Defendant fhall not be
compelled to Gage Deliverance; and a Superfedeas was
granted to the Withernam. 5 W. & M.
Homines, Were a Sort of Feudatary Tenants, who
claimed a Privilege of having their Caufes and
Perfons tried only in the Court of their Lord; And
when Gerrard de Camvil Anno 5 R. 1. was charged
with Treafon and other Mifdemeanors, he pleaded.
that he was Homo Comitis Fohannis, &c. and would
ftand to the Law and Justice of his Court. Paroch.
Antiq, 152.
Holl1o,
A
4
но
но
Homo. This Latin Word includes both Man and Hozdera, (From the Sax. Hord, Thefaurus) A Trea
Woman, in a large or general Understanding.furer: And hence we have the Word Hord or Hoard,
as uſed for Treafuring or laying up a Thing. Leg."
Adelftan. cap. 2.
2. Inft. 45.
Hondhabend, (Sax. Hond, i. c. Hand, and habens)
See Handbabend.
Honey. All Veffels of Honey are to be mark'd
with the Name of the Owner, and be of fuch a
Content, under Penalties; and if any Honey fold,
be corrupted with any deceitful Mixture, the Seller
fhall forfeit the Honey, &c. Stat. 23 Eliz. c. 8.
:
Hozdeum Palmale, and Hordeum Quadragefimale,
Beer-Barley, of a large fpreading Ear like a Hand;
which in Norfolk is termed Sprat Barley and Battle-
dore, and in the Marches of Wales, Cymridge. Chart.
Dat. 43 Ed. 4.
Herds run Horn with Horn upon the fame open large
Common; that there might be no Difpute about
the Right of Tithes, the Bishop ordained, that the
Cows fhall pay Tithe to the Minister of the Parish
where the Owner lived. Spelm.
Hoznagium, Is fuppofed to be the fame with
Horngeld.
Hozn with Horn, (Cornutum cum Cornuto) Is when
Honour, (Lat. Honor Is efpecially uſed for a there is Common per Caufe de Vicinage, or an Inter-
more noble Seigniory or Lordship, on which other in commoning of horned Beafts. The promifcuous Feed-
ferior Lordships and Manors do depend, by Per-ing of Bulls and Cows, &c. that are allowed to run
formance of Cuftoms and Services. Originally no together upon the fame Common, is called Horn
Lordfhips were Honours but fuch as belong'd to the with Horn, or Horn under Horn; And in the Conftitu-
King; though afterwards they were given in Fee to tions of Robert Bishop of Durham, Anno 1276. where the
Noblemen: And it appears, that Honours have been | Inhabitants of feveral Parishes let their common
created by A& of Parliament; for by the Statute
31 Hen. 8. cap. 5. the Manor of Hampton-Court, with
divers Manors and Lands thereto annexed, were
made an Honour; ſo Ampthill in the County of Bed-
ford, and Grafton in Northumberland are Honours. 33
H. 8. c. 37, 38. and by 37 H. S. cap. 18. the King is
empowered by Letters Patent to cre&t four feveral
Honours, viz. Westminster, Kingston upon Hull, St.
Ofithe and Donnington. There are divers Honours in
England befides thefe; as Lancaster, Clare, Walling
ford, Nottingham, Weft and East Greenwich, Bedford,
Windfor, Montgomery, Gloucester, Arundel, Leicester,
Hertford, Chester, Warwick, and a great many others,
mentioned by Authors, and in ancient Records.
4 Inft. 224. This Word is taken in the fame Signi-
fication in other Nations as with us; (but anciently Houers, No Stranger was to buy any English
Honor and Baronia fignified the fame Thing). Uti Horns gathered or growing in London, or within
Manerium plurimis gaudet (interdum Feodis, fed plerum-twenty-four Miles thereof, by the Stat. 4 Ed. 4. c. 8.
que) Tenementis, confuetudinibus, fervitiis, &c. Ita Ho-And none may fell English Horns unwrought to any
nor plurima complectitur Maneria, plurima Feoda Mili- Stranger, or fend them beyond Sca, on Pain of
taria, plurima Regalia, &c. dictus etiam olim eft Feo- forfeiting double Value: The Wardens of Horners
dum Regale, tentufque femper a Rege in Capite. in London may fearch all Wares, &c. 7 Fac. 1:
Spelm. A Name of Dignity or Honour may be en cap. 14.
tailed upon one and the Heirs Males of his Body;
alfo it may be forfeited at the Common Law, and by
the Stat. 26 H. 8. c. 13. as an Hereditament. 2 Nelf.
Abr. 934
:
Hongeld, (from the Sax. Horn, Cornu and Geld,
i. e. Solutio) Signifies a Tax within the Forest, to be
paid for horned Beafts. Cromp. Jurifd. 197. And to
be Free of it is a Privilege granted by the King.
Quietum effe de omni Collectione in Foresta de Be-
tiis Cornutis, &c. 4 Inft. 306. Et fint Quieti de om-
nibus Geldis, Danegeldis, Wodgeldis, Horngeldis, &c.
Chart. H. 3.
Hois de fon fee, (Fr. i. e. out of his Fec) Is an
Exception to avoid an Action brought for Rent or
Services, c. iffuing out of Land, by him that pre-
tends to be the Lord; for if the Defendant can
Honour-Courts, Are Courts held within fuch prove that the Land is without the Compass of his
Honours, mentioned in the Stat. 33 Hen. 8. cap. 37. Fee, the Action falls. Broke. In an Avowry, a Stran-
And there is a Court of Honour of the Earl Marshal ger may plead generally Hors de fon Fee; and ſo
of England, &c. which determines Difputes concern-may Tenant for Years: And fuch Stranger to the
ing Precedency and Points of Honour. 2 Hawk. P. C.
11. This Court of Honour, which is alfo exerciſed
to do Juftice to Heralds, is a Court by Prefeription,
and has a Priſon belonging to it, called the White
Lyon in Southwark. 2 Nelf. 935.
Honourary Services, Are thofe as are incident
to the Tenure of Grand Serjeanty, and commonly
nexed to fome Honour. Stat. 12 Car. 2. a 29.
1
铲
​Hops. A Statute was formerly made against
bringing any Hops mix'd with Soil, &c. into this
Kingdom from Foreign Parts, on Pain to forfeit
them; and Perfons ufing fuch Hops, to lose the Va-
lue. Stat. 1 Fac. 1. c. 18. There is a Duty of 1 d.
in the Pound impofed on Hops; and ufing Store
houfes without giving Notice, &c. incurs a Penalty
of 501. and privately conveying away Hops from the
Place of their Growth, is liable to a Forfeiture of
5 s. for every Pound. Stat. 9 Ann. c. 12. The Duty
on Hops is continued; Places where they grow to
be entered, on Pain of 40s, an Acre: And Notice
given of Bagging the Hops, &c. by 1 Geo. 1. cap. 2.
If any Perfon fhall mix Ingredients with Hops to al-
ter the Colour or Scent, he fall forfeit 5 1. for
every Hundred Weight; leviable by Juftices of
Peace. See Stat. 7 Geo. 2. c. 19. Cutting Hop-binds
on Poles, Felony. 6 Geo. 2. cap. 37.
2 Mod.
Avowry, being made a Party, is at Liberty to plead
any Matter in Abatement of it. 9 Rep. 30.
104. A Tenant in Fec-fimple ought either to dif
claim, or plead Hors de fon Fee. 1 Danv. Abr. 655.
hofes, were not to be convey'd out of the Realm
without the King's Licence, c. on Pain of For-
an-feiture, by an ancient Statute, 11 H. 7. c. 13. Per-
fons having Lands of Inheritance in Parks, c. are
to keep two Mares apt to bear Foals thirteen Hands
high, for the Increafe of the Breed of Horfes, in
Pain of 40s. for every Month they are wanting;
and not fuffer them to be leaped by ftoned Horfes
under fourteen Hands, on a certain Penalty. 27
Hen. S. c. 6. And for the Preſervation of a Strong
Breed of Horfes, Stone Horfes above two Years old
are to be fifteen Hands high, or they shall not be
put into Forefts or Commons, where Mares are kept,
upon Pain of Forfeiture; and feabbed or infected
Horfes fhall not be put into common Fields, under
the Penalty of 10s. leviable by the Lord of the
Leet. 32 H. 8. c. 13. Stealing of any Horſe, Geld-
ing or Mare, is Felony without Benefit of Clergy:
But Acceffaries to this Offence are not excluded
Clergy. 1 E 6. cap. 12. 2 & 3 Ed. 6. c. 23. And if
any Horfe that is ftolen be not fold according to the
Stat. 2 & 3 P. & M. c. 7. the Owner may take the
Horfe again where-ever he finds him, or have Action
of Detinue, &. To prevent Horfes being ſtolen and
fold in private Places, the 2 & 3 P. & M. provides,
that Owners of Fairs and Markets fhall appoint
Toll-
Hoja Auroze, The Morning Bell, or what we now
call the Four o'clock Bell, was called anciently Hora Au-
roxe; as our Eight o'Clock Bell, or the Bell in the
Evening was called Ignitegium or Coverfeu. Cowel.
;
HO
HO
1
Hozles hired. Action of Trefpafs and the Cafe
lies for abufing a Horſe hired, by immoderate Ri
ding, &c. And a Difference has been made in our
Law berwixt Hiring a Horfe, and Borrowing one to
go a Journey; for in the firft Cafe the Parry may
Tet his Servant, &c. upon the Horfe, but not in the
fecond. Mod. 210.
..
Hozles for the King's Service. None fhall take
the Horfe of any Perion to ferve the King, without
the Owner's Confent, or ſufficient Warrant, on Pain
of Imprisonment, &c. Stat. 20 R. z. c.
2
Toll-takers or Book.keepers, who are to enter the tal be at the Time of the Foundation or Endow-
Names of Buyers and Sellers of Horfes, &c. And to ment of the yearly Value of 200l om under, and
alter the Property, the Horſes mult be rid or ftand afterwards they become of greater Value by good
in the open Fair one Hour; and all the Parties to Husbandry, Accidents, & they fhall continue
the Contract must be prefent with the Horfe. And good o be enjoyed by the Hofpital, although they
by 31 Eliz cap. 12. Sellers of Horfes are to procure be above the yearly Value of 2001 And Goods and
Vouchers of the Sale to them; and the Names of Chattels, (Real or Perfonal), may be taken of what
the Buyer, Seller and Voucher, and Price of the Value foever. 2 Inft. 722. And if one give his
Horfe are to be entered in the Toll-taker's Book, Land then worth fol. a Year to maintain Poor,
and a Note thereof delivered to the Buyer. And&c. and the Land after comes to be worth 100% a
if any Perfon fhall fell a Horfe without being known Year, it must all of it be employed to increaſe their
to the Book-keeper, or bringing a Voucher; or if Maintenance, and none of it may be converted to
any one ſhall vouch without knowing the Seller; private Ute. 8 Rep 130 Alfo if one devifeth the
S
or the Book keeper ſhall make an Entry without Rent of his Land for fuch. Ufes, it fhall be taken
knowing either; in either of thefe Cafes the Sale is largely for a Devife of the Rent then referved, or
void, and a Forfeiture is incurred of 51. A Horfe afterwards to be referved upon an improved Value.
Holen, tho' fold according to the Direction of the 9 Fac. Such only are to be Founders of Hofpitals
A&t, may be redeemed and taken by the Owner within the A&t 39 Eliz. as are feiſed of any Eftare
within fix Months, repaying the Buyer what he in Fee, and who give, the fame at the first Founda-
fhall fwear he gave for the fame. Stat. Ibid.
tion of the Hofpital to the Incorporation of the. Ho-
Spital, &c. But if a Man, as a Citizen of London, by
Will deviles that his Executors fhall lay out 1000l.
in the Purchaſe of Lands, and that an Hofpital
hall thereupon be built and incorporated for the
Suftentation and Relief of poor impotent People,
and dieth, whereupon the Executors purchaſe Lands
of fuch a Value, and cauſe the Eftate to be convey-
ed to certain Perfons and their Heirs, and build
an Hospital; in this and the like Cafes, the Perfons
that have the Eftate in the Lands are by the Pur-
view of this Statute to be Founders, and do all
Hole-Races, for fmall Sums having encouraged Things that the Founder is appointed to do. Inft.
If one devife fo much a Year for the Poor,
Idlenes, and impoverish'd the meaner Sort of Peo
ple; it is ordain'd, that no Perfon fhall run any leaving Affers in Goods, this is good, and the
Executors will be forced to buy as much Land, and
Horfe at a Race, unless it be his own, nor enter more
than one Horfe for the fame Plate, upon Pain of to affure it to that Ufe. Trin, 15 Car. And if a
forfeiting the Horfes; and no Plate is to be run for Devife he to the poor People maintained in the
under 50%. Value, on the Penalty of 2007. Alfo Hofpital of St. Laurence in Reading, c. (where the
every Horfe-Race must be begun and ended in the Mayor and Burgeffes capable to take in Mortmain,
fame Day, &c. Stat. 13 Geo. 2. cap. 19.
do govern the Hoſpital) albeit the Poor not being a
Hozßilers, (Fr. Hofteliers) Is uled for Inn-keep-Corporation, are not capable by that Name to take;
ers: And in fome old Books the Word Heftlers is yet the Devife is good, and Commiffioners appoint-
taken in the fame Senfe. 31 Ed. 3. c 2. The Exeed to enquire into Lands given to Hoſpitals, &c.
affuresiteto
cutors of Horftelers are not chargeable, for their may order him that hath the Land to affure into
the Mayor and Burgeffes for the Maintenance of
Faults. Keb. 682.
Hofpes généralis, A Great Chamberlain. the Hofpital. 43 Eliz. A Deed of Gift to a Parish
Volumus, quantum ad Hofpitia pertinet, omnes indiffe- generally, to maintain Poor or other charitable
renter noftro Hoſpiti generali obediant, &c. Du Cange. Ule, is not good: But a Devife by Will is good,
Hofpitalers, (Hoſpitalarii) Were a certain Order and the Churchwardens and Overfeers fhall take it
of Religious Knights in this Kingdom, fo called bein Succeffion; and in London the Mayor and Com-
cauſe they built an Hofpital at Ferufalem wherein
Pilgrims were received. The Inftitution of their
Order was firft allowed by the Pope in the Year 1118.
and confirmed by Parliament with many Privileges
and Immunities; and Pope Clement the 5th tranf
ferred the Templers to them; which Order, by a
Council held at Vienna, he afterwards fuppreffed.
Thefe Hofpitalers were otherwife ftiled Knights of St.
John of Ferufalem; they are mentioned in the Stat.
13 Ed. 1. c. 42. and 9 H. 3. c. 37. And all the Lands
and Goods of thefe Knights here in England, were
given to the King, by the Stat. 32 H. S. c. 34.
1
;
१.
724
·
督
​تم
•
monalty. 40 Aff. 26. A Gift must be to the Poor, and
not to the aged or impotent of fuch a Pariſh, with-
out expreffing their Poverty; for Poverty is the
principal Circumftance to bring the Gift within the
Stat. 43. Eliz. Although at Common Law a Corpo-
ration may be of an Hospital, that is in poteftate of
certain Perfons to be Governors of the Hofpital,
and not of the Perfons placed therein: The fafeft
Way upon the A&t 39 Eliz. is first to prepare the
Hofpital, and to place the Poor therein, and to in-
corporate the Perfons therein placed; and after
the Incorporation to convey the Lands, Tenements,
c. to the faid Corporation, by Bargain and Sale,
or otherwife, between the Founder of the one Part,
and the Mafter and Brethren, &c. of the other
Part, in Confideration of 5 s. in Hand paid by the
Mafter of the faid Hofpital, &c. 2 Inft. 724, 725.
And the Founder cannot ere an Hofpital for Years,
Lives, or any other limited Time, but it must be
for ever, according to the Stat. 39 Eliz. which Sia-
tute for erecting of Hoſpitals is made perpetual by
21 Fac, cel
Hospitals. Any Perfon feifed of an Estate in
Fee-fimple, may by Deed inrolled in Chancery erect
and found an Hofpital for the Suftenance and Relief
of the Poor, to continue for ever; and place fuch
Heads, c. therein as he fhall think fit: And fuch
Hofpital fhall be incorporated, and fubject to fuch
Vifitors, &c. as the Founder fhall nominate; alfo
fuch Corporations have Power to take and purchafe
Lands not exceeding 2001. per Annum, fo as the fame
be not holden of the King, &c. and to make Leafes
for twenty-one Years, referving the accustomed
yearly Rent: But no Hofpital is to be ereded, un- Ferm of a Deed for creating and Founding an Hofpital.
lefs upon the Foundation it be endowed with Lands
or Hereditaments of the clear yearly Value of 101. HIS Indenture, made, &c. Between A. B. of
per Annum. Stat. 59 Eliz. c. 5. It has been adjudged &c. Efq; of the one Part, and C. D. E. F. G. H.
upon this Statute, that if Lands given to an Hofpi- &c. of, &c. of the other Part, Wineffeth, That where
T
as
2
HO
HO
1
as the faid A. B. being feifed in Fee fimple, of and in a Breaches of Truft, &c. of Lands given to charitable
certain Meſſuage and Lands of the yearly Value of &c. Ufes, who may make Orders and Decrees concern
fituate, lying and being in, &c. and now in the Poffeffioning the fame, and the due Application thereof;
of him the faid A. B. of his charitable Affection and Dif and the Commiffioners are to decree, that Recom-
pofition, Hath erected and founded feveral Buildings and pence be made for Fraud and Breaches of Truſt,
Edifices upon the faid Land adjoining to the aforefaid Mef-c. fo as their Orders and Decrees be certified into
fuage together with the fame, to be an Hofpital for the the Chancery; and the Lord Chancellor fhall take
Suftentation and Relief of twenty poor and impotent Per Order for the Execution of the faid Judgmen.s and
fons, to have Continuance for ever. And the faid A. B. doth Decrees, and after Certificate may examine into,
by thefe Prefents found, erect and establish the fame for an annul, or alter them agreeable to Equity, on juft
Hoſpital of poor and impotent People for ever; and accor- Complaint: But this does not extend to Lands given
ding to the Power given to the faid A. B. by the Statute to any College or Hall in the Universities, &c. nor
in that Cafe provided, the faid A. B. doth by thefe Pre- to any Hofpital, over which ſpecial Governors are
fents, covenant and grant, to and with the faid C. D. appointed by the Founders; and it' fhall not be pre-
E. F. and G. H. &c. and hereby limit and appoint, that judicial to the Jurifdiction of the Bishop or Ordi
the faid Hofpital, and the poor and impotent Perfons there nary, as to his Power of Inquiry into and reform-
in now plac'd by the faid A. B. viz. J. K. L. M. N. O. ing Abufes of Hofpitals, by Virtue of the Stat. 2
P.R. S. T. &c. together with the faid C. D. E. F. G. H. Hen. 5. &c. Thefe Commiffiouers may order Houſes
&c. and their Succeffors, shall for ever hereafter be incor- to be repaired, by thofe who receive the Rents;
porated by the Name of the Master and Brethren of the fee that the Lands be let at the utmoft Rent; and
Hofpital of, &c. in the County aforefaid. And further, on any Tenant's committing Wafte, by cutting down
the faid A. B. doth by thefe Prefents make and appoint the and Sale of Timber, they may decree Satisfaction,
faid C. D. to be the prefent Master of the faid Hofpital, and that the Leafe fhall be void. Hill. 11 Car. Where
and the faid E. F. G. H. I. K. L. M. N. O. P. R. Money is kept back, and not paid, or paid where it
S. T. &c. to be the prefent, Brethren of the faid Hofpital, fhould not, they have Power to order the Payment
and by the Name of Mafter and Brethren of the faid Ho- of it to the right Ufe: And if Money is detained in
fpital, they shall have full Power and lawful Capacity and the Hands of Executors, &c. any great Length of
Ability to purchaſe, take, bold, receive and enjoy, and to Time, they may decree the Money to be paid with
have to them and their Succeffors for ever, as well Goods Damages for detaining it. Duke Read. 123. See 4
and Chattels, as Lands, Tenements and Hereditaments, Rep. 104. The Hofpital of St. Crofs near Winchester,
being Freehold, of any Perfon or Perfons whatsoever, accor- and feveral other large Hofpitals, were anciently
ding to the Form and Effect of the Statutes in that Cafe founded by particular Statutes, or Acts of Parliament.
made: And that the fame Hofpital, and the Perfons fo And King Charles the first granted to the Mayor
being incorporated, founded and named, shall have full and Commonalty of London the keeping of Bethlem
Power, and lawful Authority, by the faid Name of Ma- Hofpital, and the Manors and Lands belonging to it.
fter and Brethren, &c. to fue and be fued, implead and Chart. K. Cha. 1. Alfo there is now an Hospital in
|
be impleaded, to answer and be answered unto, in all London for Foundling Children, under the Care of Go-
Manner of Courts and Places, as well Temporal as Spiri- vernors and Guardians, who may purchaſe Lands or
tual, in all Manner of Suits whatsoever, and of what Kind Tenements to the Value of 4000l. a Year: And
or Nature foever fuch Suits or Actions may or shall be. And they are to receive as many fuch Children, as they
the faid A. B. dotb by theſe Preſents covenant and grant, think fit, which may be brought to the Hospital,
and hereby appoint, that the faid Mafter and Brethren, and fhall there be bred up and employ'd, or plac'd
and their Succeffors for ever hereafter, shall have a com- Apprentice to any Trade, or the Sea Service, the
mon Seal with, &c. engraven thereon, whereby the faid Males till the Age of 24, and Females till 21.
Mafter and Brethren, and their Suceffors fall or may They may likewife be let out or hired, &c. 13 Geo.
See Bath.
feal any Inftrument or Writing touching the fame Corpora
tion, and the Lands, Tenements and Hereditaments, Goods,
or other Things thereto belonging, or in any wife touching
or concerning the fame: And that it shall be lawful for
the faid A. B. during his Life, upon the Death or Remo-
val of the faid Master, or any of the faid Brethren, to
place one other in the Room of him that dieth or is remo-
ved; and after the Death of the faid A. B. it shall be
lawful for the Rector or Parfon of the Parish of, &c. a.
forefaid, and the Churchwardens of the fame Parish for
the Time being, for ever after the Decease of the ſaid A. B.
upon the Death or Removal of the Mafter, or any of the
Brethren of the faid Hoſpital, to place one other in the
Room of him that dies, or is removed, fucceſſively for ever.
And the ſaid A. B. doth further hereby declare and appoint,
that it shall be lawful for him the faid A. B. during his
Life, and for the Rector or Parfon of the Parish of, &c.
aforefaid, for the Time being, after the Decenfe of the faid
A. B. to vifit the faid Hofpital and infpect into the Govern
ment and State thereof: And lastly, that the Rents and
Profits of the faid Mefuage and Lands abovementioned,
Shall be yearly, &c. paid to the Mafter of the faid Ho
Spital, and his Succeffors, and be applied for the Mainte
nance of the twenty Brethren and por impotent Perfons a-
forefaid, and their Succeffers, and to and for no other Pur-
pofe whatsoever. In Witnefs, &c. Scé 10 Rep. 17 &
34. for a Form of a Deed of Bargain and Sale.
•
By 39 Eliz. c. 6. and 43 Eliz. c. 4. Commiſſions may
be awarded to certain Perfons to enquire of Lands
or Goods given to Hofpitals; and the Lord Chancellor
is empowered to iffue Commiffions to Commiffioners
for enquiring by a Jury, of all Grants, Abuſes,
2. cap. 29.
Hofpitium, Hath been used in the fame Senfe
with Procuration or Vifitation Money. Brompt. 1193.
Hostelagium, A Right to have Lodging and En-
tertainment, referved by Lords in the Houfes of
their Tenants. Cartular. Radinges, MS. 157.
Hofterium, A Hoe, being an Inftrument well
known: Et quieti de Aratro Hofterio, & fegi-
bus fecandis, Homagio faciendo, de Averiis, & de
pannagio, omnibus aliis confuetudinibus, &c. Chart.
Hamon. Maſſy.
Hottie, Hoast Bread, or confecrated Wafers in
the Holy Euchari?: And from this Word Hoftia, Mr..
Somner derives the Sax: Hufel, uſed for the Lord's
Supper, and Huflian to adminifter that Sacrament;
which were kept long in our old English, under Hou-
fel, and to Houfal. Paroch. Antiq. 270.
Hoûtilaria, Was a Place or Room in Religious
Houfes alloited to the Ufe of receiving Strangers.
Cartular. Ecclef. Elien. MS. 34.
Hoftilarius, An Officer appointed for the Care of
the Hoftilaria.
Hotchpot, (In partem pofitio) Is a Word brought
from the Fr. Hotchepot, used for a confuſed mingling
of divers Things together, and among the Dutch it
fignifies Fleth cut into Pieces, and fodden with
Herbs or Roots; but by a Metaphor it is a Blending
or Mixing of Lands given in Marriage, with other
Lands in Fee falling by Defcent: As if a Man ſeiſed
of thirty Acres of Land in Fee, hath Iffue only two
Daughtets, and he gives with one of them ten A-
cres in Marriage to the Man that marries her, and
dies feiſed of the other twenty Acres: Now the
SF
that
HO
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that is thus married, to gain her Share of the reft
of the Land, muft put her Part given in Marriage
in Hotchpot, i, e. fhe must refuse to take the fole Pro
fits thereof, and cauſe her Land to be mingled with
the other, fo that an Equal Divifion may be made of
the whole between her and her Sifter, as if none
had been given to her; and thus for her ten Acres
the fhall have fifteen, otherwife her Sister will have
the twenty Acres of which her Father died feifed.
Litt. 55. Co. Litt. lib. 3. cap. 12. This feems to be a
Right of waving a Provifion, made for a Child in
a Man's Life-time, at his Death, tho' as it depends
upon Frank Marriage, and Gifts of Lands therein,
it now feldom happens. But there is a bringing of
Money into Hotchpot, upon the Claufes and Intent of
the Act of Parliament for Diftribution of Inteftates
Eftates. 22 23 Car. 2. Where a certain Sum is
to be raiſed, and paid to a Daughter for her Por-
tion, by a Marriage Settlement; this has been
Decreed to be an Advancement by the Father. in his
Life-time, within the Meaning of the Statute, tho'
future and contingent; and if the Daughter would
have any further Share of her Father's Perfonal
Eftate, the muft bring this Money into Hotchpot;
and fhall not have both the one and the other. Abr.
Caf. Eq. 253. See 2 Vern. 638. By the Cuftom of
London, there is likewife a Term of Hotchpot, where
the Children of a Freeman are to have an equal
Share of one third Part of his Perfonal Eſtate,
ter his Death. Préced. Canc. 3.
+
every County of England there fhall be a Houfe of
Correction built at the Charge of the County, with
Conveniencies for the fetting of People to work,
or every Juftice of Peace fhall forfeit 51. And the
Juftices in Seffions are to appoint Governors or Ma-
fters of fuch Houses of Correction, and their. Salaries,
&c. which are to be paid Quarterly by the Treaſurer
out of the County Stock: Thefe Governors are to
fet the Perfons fent on Work, and moderately.
correct them, by Whipping, E. and to yield a true
Account every Quarter-Seffions of Perfons commit-
ted to their Cuftodies; and if they fuffer any to e-
fcape, or negle&t their Duty, the Juftices may fine
them. 7 Fac. 1. By late Statutes, on the Prefent-
ment of the Grand Jury, at the Affifes held for
any County, or the Quarter-Seffions, that there is
no House of Correction, or not a ſufficient Number of
thofe Houfes, &c. the Juftices at their General.or
Quarter-Seffions, may order Perfons to build, or
enlarge any Houses of Correction, or Purchaſe Houſes
for that Purpoſe, or Land to erect them upon, and
make convenient Backfides or Outlets thereto; and
the Juftices are to take Care, that fuch Houſes pro-
vided within their Jurifdi&tions, fhall be duly fitted
up, and fupply'd with all Neceffaries, for Relie-
ving, Setting to Work, and Correcting all Idle Per-
fons fent to the fame: Alfo two Juftices of Peace
appointed by the Seffions, fhall vifit them twice a
af-Year, c. Stat. 13 Geo. 2. c. 24. and 14 Geo. 2. The
House of Correction is chiefly for the punishing of idle.
and diforderly Perfons; Parents of Baftard-Chil-
dren, Beggars, Servants running away; Trefpaffers,
Rogues, Vagabonds, &c. Poor Perfons refufing to
Work are to be there whipped, and fer to Work and
Labour: And any Perfon who lives extravagantly,
having no visible Eftate to fupport himſelf, may be
fent to the House of Correction, and fet at Work there,
and may be continued there until he gives the Ju-
ftices Satisfaction in Refpect to his Living; but not
be whipped. 2 Bulft. 351. Sid. 281. A Perfon ought
to be convicted of Vagrancy, &c, before he is or-
dered to be whipped. Ibid. Bridewell is a Prifon for
Correction in London, and one may be ſent thither.
Style 27. See County Rates.
Hovel, (Mandra) Is a Place wherein Husbandmen
fet their Ploughs and Carts out of the Rain or Sun.
Law Lat. Dict.
Hounslow-Heath. A large Heath containing 4293
Acres of Ground, and exrending into feveral Pa-
rifhes; fo much thercofas is the King's Inheritance,
and fit for Pafture, Meadow, or other feveral
Grounds, fhall be of the Nature of Copyhold Lands;
or the Steward of the Manor may let it for 21
Years, &c. and the Leffees may improve the fame.
Stat. 37 H. 8. c. 2.
Hour, (Hora) Is a certain Space of Time of fixty
Minutes, twenty four of which make the natural
Day. It is not material at what Hour of the Day
one is born. 1 Inft: 135. Vide Fraction.
Houlage, Is a Kind of Fee paid for Houfing Goods
by a Carrier, or at a Wharf or Key, &c. Shep. E-
pit. 1725.
Houle, (Domus). A Place of Dwelling or Habita-
tion; alfo a Family or Houfhold. Every Man has
a Right to Air and Light, in his own Houfe; and
therefore if any Thing of infectious Smell, be laid
near the House of another, or his Lights be ftopped
up and darkned, by Buildings, c. they are Nu-
fances punishable by our Laws. 3 Inft. 231. 1 Danv.
Abr. 173.
But for a Profpe&t, which is only Matter
of Delight, no Action will lie for this being stop
ped. 11 Co. Rep. The dwelling Houfe of every Man,
is as his Castle; therefore if Thieves come to a
Man's Houſe to rob or kill him, and the Owner or
his Servant kills the Thieves in defending him and
his Houſe, this is not Felony, nor fhall he forfeit
any Thing. 2 Inft. 316. A Man ought to ufe his
own Houſe, ſo as not to damnify his Neighbour:
And one may compel another to repair his Houſe, in
feveral Cafes, by the Writ de Domo Reparanda. 1 Salk.
Rep. 360. Doors of a Houfe may not be broke open
on Arrests, unless it be for Treafon, or Felony, &c.
H. P. C. 137. Ploud. 5. 5 Rep. 91. Riotoufly pulling
down a House is Felony excluded Clergy. Stat. 1 Geo.
I, c. 6. Stealing Lead, or Iron Bars, or Rails fixed
to Houses, &c. is Felony punishable by Tranſporta-
tion, by 4 Geo. 2. cap. 32. Houfe-burning, fee Arfon.
House of Correction. Juftices of Peace in their
Quarter-Seffions, are to make Orders for erecting
Houses of Correction, and the Maintenance and
Government of the fame; and for the Puniſhment
of Offenders committed thither, 39 Eliz. cap. 4. In
I
Houfe-bote, Signifies Eftovers, or an Allowance of
Timber out of the Lord's Woods, &c. for the re-
pairing and upholding of a Houſe or Tenement :
And this Houfe-bote is faid to be two-fold, viz. Efto-
verium edificandi, and Ardendi. Co. Litt. 41. See Com-
mon of Eftovers.
bing any Perfon in his Dwelling Houſe, the Dweller,
Houle-breaking, or Robbing of Houſes. The Rob-
his Wife, Children, or Servants being therein, and
put in Fear; this requires that there be fomething
taken, but not an actual Breach of the Houſe: But
if they are not put in Fear, there must be a Break-
ing, and alfo a taking of Something, to make it Fe-
lony excluded Clergy. Stat. 23 H 8. 5 & 6 Ed. 6.
1 Hale's Hift. P. C. 548. Vide Burglary.
Houtholder, (Pater-familias) Is the Occupier of a
Houfe, a Houſe-keeper or Mafter of a Family.
Hue and Cry, (Hutefium & Clamor) From the Fr.
Huer & Crier, both fignifying to cry out aloud, is a
Purfuit of one who hath committed Felony by the
Highway; for if the Party robbed, or any in the
Company of one murdered or robbed, come to the
Conftable of the next Town, and require him to
raife Hue and Cry, or to pursue the Offender, defcri-
bing him and fhewing (as near as he can) which
Way he is gone, the Constable ought forthwith to
call upon the Parifh for Aid in feeking the Felon;
and if he be not found there, then to give the next
Conftable Warning, and he the next, until the Of
fender be apprehended, or at least thus purſued to.
the Sea-fide. Bract. lib. 3. Stat. 13 Ed. 1. of Winton,
c. 3. 28. Ed. 3. cap. 11. 27 Eliz. c. 13. 3.Inft. 117.
The Scotch make Hue and Cry where a Robbery is
done, by Horfemen and by blowing a Horn, and
·
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making
HU
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101.
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making an Outery; after which, if the Offender will
not yield himself to the King's Bailiff, he may be
lawfully flain, &c. And no Hue and Cry by our Law
fhall be a good and lawful Hue and Cry, unless made
by Horſemen and Footmen, &c. Hue and Cry is the
Purſuit of an Offender from Town to Town, till he
is taken; which all Perfans who are prefent where
a Felony is committed, or a dangerous Wound gi-
ven, are by Law bound to raife against the Offen-
ders who efcape; alfo a Man may raife Hue and Cry
against one who fets upon him in the Highway to
rob him; and Hue and Cry fhall be levied upon any
Stranger who will not obey the Arreft of the Watch
in the Night; and in Forefts, c. againft Offenders:
But if a Man take upon him to levy Hue and Cry,
without fufficient Caufe, he fhall be punished for
the fame. 2 Hawk. P. C. 75. A Perfon that levies
Hue and Cry, according to Lord Chief Juftice Hale,
ought to give Notice to the Conftable of a Felony
committed, and fuch reaſonable Affurance thereof,
as the Cafe will bear; if he knows the Name of him
who did it, he must tell the Conftable, the fame;
and if he know it not, but can give a Defcription
of him, then he must defcribe his Perfon, Habit, or
Horfe, or fuch Circumstances as he knows, which
may conduce to his Difcovery: If the Felony be
done in the Night, fo that thefe Things are un-
known, he is to mention the Number of Perfons, or
the Way they took; and if none of all thefe can be
difcovered, the Party muft acquaint the Conftable
with the Fact, and defire him to fearch in his
Town, and make Hue and Cry after fuch as may be
probably fufpe&cd, &c. 2 Hale's Hift. P. C. 100,
If Hue and Cry be not against a Man certain,
but by Deſcription of his Perfon, Clothes, &c. it
juftifies the Constable, or other Perfons following it,
in apprehending the Perfon fo defcribed: And in
Cafe of a Hue and Cry once raiſed and levied, on
Suppofal of Felony done, though in Truth there
was none, yet thofe that pursue it may proceed as
if there had been really a Felony; for being levied
upon fuch Information, it is fufficient if that is
falfe. Ibid. 103. And there are two Kinds of Hues
and Cries; by the Common Law, and by Statute;
one for the King, and the other for the Party; and
refufing to make Hue and Cry is punishable by Fine
and Imprisonment, c. 2 Inft. 172. By Statute of
Weftm. 1.3 Ed. 1. c. 9. All Perfons are to be rea-
dy at the Summons of the Sheriff, and Cry of the
County, to pursue and arreft Felons and Robbers,
&c. or be fined to the King: And if Default be in
the Lord of a Franchife, the King fhall feize his
Franchife; but if in the Bailiff, he fhall be impri-
foned for a Year, and fined, &c. If the Inhabitants
of any Hundred, after the Hue and Cry is made,
neglect to pursue it, they fhall answer one Moiety
of the Damages recoverable againſt the Hundred
where a Robbery is committed. 27 Eliz. c. 13.
And if the County will not produce the Bodies of
the Offenders, the whole Hundred fhall be antwer-
able for Robberies there committed, &c. 13 Ed. 1.
Where a Robbery is done on the Highway, in the
Day-time, of any Day except Sunday, the Hundred
where committed is anfwerable for it: But Notice
is to be given of it, with convenient Speed, to fome
of the Inhabitants of the next Village, to the Intent
that they may make Hue and Cry for the apprehend-
ing of the Robbers, or no Action will lie again ft the
Hundred And in the making of Hue and Cry, dili-
gent Search is to be made in all fufpected Houſes and
Places, and nor only Officers, but all others who fhall
purfue the Hue and Cry, may arreft all fuch Perfons
as in their Search and Purfuit they fhall find fuf
picious, and carry them before fome Juftice of the
Peace of the County where taken, to be examined
where they were at the Time of the Robbery, &c.
for in this Cafe, the Arreft of a Perfon not guilty
is lawful. 13 Ed. 1. 27 Eliz. And if any of the
:
Robbers are taken within forty Days, and convi&-
ed, the Hundred fhall be excufed; if no', after the
forty Days paft, the Party robbed is to make Oath
before a Juftice of Peace of the County where the
Robbery was done, of the Time and Place of the
Robbery, and of what Sum he was robbed, and
that he knew none of the Robbers; and then in
twenty Days he may bring his Action against the
Hundred by Original Writ, &c. which muſt be füed
out within a Year after the Robbery: If a Recove
ry is had againſt the Hundred, the Sheriff may le
vy his Execution, which is a Charge upon the
Lands, on any one or more Inhabitants in the Hun-
dred; but Juftices of Peace at their Seffions, may
make a Rate or Tax upon the whole Hundred, to
pay and reimburſe it; and Conftables, &c. of every
Town and Parish are to levy it proportionably on
all the Inhabitants; alfo the like Tax may be made
for a Moiety of Damages leviable where any De-
fault fhall be of freſh Purfuit after Hue and Cry
made. 27 Eliz. 3 Lev. 320. 7 Rep. 7. By a late
Statute, no Procefs is to be ferved against the Hun-
dred, c. for a Robbery committed, but on the
High Conftable, who shall give Notice of it in one
of the principal Market-Towns, &c. and then en-
ter an Appearance, and defend the Action; and if
the Plaintiff recovers, Execution fhall not go a-
gainft any Inhabitant, or the Conftable, but instead
of ferving it, the two next Juftices are to cauſe a
Taxation to be made upon every Parish within the
Hundred, which fhall be levied on the Inhabitants
by Conftables, and the Money paid over to the She-
riff, to the Ufe of the Party recovering, and the
High Conftable as to his Expences, &c. And the
Perfon robbed is in twenty Days to give publick No-
tice in the Gazette, defcribing the Circumftances of
the Robbery; and enter into Bond to pay Cofts, if
Verdi&t be againſt him, &c. and no Hundred is
chargeable, where any Robbers are taken in forty
Days after fuch Notice; alfo all Constables, &c.
fhall make Hue and Cry, or neglecting it ſhall forfeit
51. And a Reward of 101. is given, to be paid by
the Hundred, for apprehending any Robber within
the Time limited, and levied by the Juftices as the
other Money. Stat. S Geo. 2. c. 16. If he that is
robbed, after Hue and Cry, makes no further Pur-
fuit after the Robbers, Action lies against the Hun-
dred. 4 Leon. 180. The Party robbed is not bound
to purfue the Robbers himself, or to lend his Horfe
for that Purpofe; but ftill has his Remedy againſt
the Hundred, if they are not taken: Though if any
of them are taken, either within forty Days after
the Robbery, or before the Plaintiff recovers, the
Hundred is diſcharged. Sid. 11. It has been held,
that an Action lies against the Hundred for a Rob-
bery in the Day-time, although not in the King's
Highway, but in a private Way. Hill. 1 Ann. 1 Mod.
221. But not for a Robbery in the Morning, be-
fore it is light; and yet where it is before Sun-ri-
fing, or after Sun fet, if it be fo light that a Man's
Face may be known, it well lies. 7 Rep. 6. · Cro.
Fac. 106. If a Party be robbed in the Night-time,
when Perfons are at Reft, the Hundred is not charge-
able: And where a Perfon is feifed by Day-light,
but robbed in the Night, he is without Remedy.
Leon. 350.
Though where Robbers forced a
Coach out of the Way, in the Day-time, and after-
wards robbed it in the Night, this was held a Rob-
bery in the Day, and that Action lay against the
Hundred, Sid. 263. When a Man is robbed on
a Sunday, on which Day Perfons are ſuppoſed to be
at Church, and none ought to travel, the Hundred
is not liable, 27 Eliz. But where a Robbery is
done on a Sunday, though the Hundred is not charge-
able, Hue and Cry fhall be made, by Stat. 29 Car. 2.
c. 7. And if a Perfon be robbed going to Church
in a Country Town or Village, on a Sunday, which
is a religious Duty required by Law, it has been
3
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lately
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the Robbery was, if it be laid in the right Hundred,
it is well enough. 2 Leon 212. And though the
Party puts more in his Declaration than he can
prove, for fo much as he can prove it fhall be good.
Cro. Fac. 348. Upon a Trial in thefe Cafes, the
Party must file his Original, and be fure to have a
true Copy thereof, and Witneffes to prove it; and
he muſt alſo have the Affidavit or Oath, and a Wit-
nefs to prove the Taking it. 2 Lill. Abr. 25. In
thefe Actions, poor Perfons in a Hundred, and
Servants, are good Witneffes for the Hundred; but
not thofe Houfholders as are worth any Thing. 1
Mod. 73. And as Proof cannot be otherwife for the
Plaintiff, he is allowed to be a Witnefs in his own
Caufe.
Huillier, An Ufher of a Court, or in the King's
Palace, &c. See Usher.
Huiflerium, or Uffers, Are Ships to tranſport
Horfes; derived as fome will have it, from the
Fr. Huis, i. e. a Door; becauſe when the Horfes are.
put on Shipboard, the Doors or Hatches are fhut
upon them, to keep out the Water. Brompton Anno
1190.
Dulka, Is a Hulk, or fmall Veffel. Walfingham,
p. 394;
Hull. The Mayor and Corporation of Hull,
may take certain Cuftoms for Fish; of every Per-
fon privileged, for the Laft of Herrings 20d. for
an Hundred of Salt Fifh 4d. a Laft of Sprats 8 d.
and greater Duties of Perfons not privileged. Stat.
33 H. 8. c. 33.
Humagium. A moift Place. Mon. Angl. Tom:
1. pag. 628.
:
lately held an Action lies against the Hundred; but
not if one be robbed on that Day in other travel-
ling for Pleaſure, &c. which is prohibited by Sta-
tute. 6 Geo. 1. C. B. per King, Chief Juftice. And
it was formerly ruled by three Judges on the Sta-
tute of Winton, where a Man was robbed on a Sun-
day, in Time of Divine Service, and made Hue and
Cry, that the Hundred fhould be charged; for many
Perfons are neceffitated to travel on this Day, as
Phyficians, &c. 2 Cro. 496. 2 Roll 59. Godb. 280.
Sec 2 Nelf. Abr. 937, 938. If a Person be robbed
in a Houfe, where he is prefumed to be at Safety
by his own Care, the Hundred is not chargeable:
A Robbery must be an open Robbery, that the
Country may take Notice of it, to make the Hun-
dred anſwerable. 7 Rep. 6. A Man is fet upon and
affaulted by Robbers in one Hundred, and carried
into a Wood, &c. in another Hundred, near the
Highway, and there robbed, the A&tion fhall be
brought against the Hundred where the Robbery |
was done, as particularly expreffed in the Statute,
and not the Hundred where the Man was taken or
affaulted; becauſe the Affault is not the efficient
Caufe of the Robbery, as a Stroke is in Cafe of
Murder. Hill. Ann. R. R. 2 Salk. 614 But where
Goods are taken from a Man in one Hundred, and
opened in another, where they are firft taken or
feiled, they are ftolen, and the Robbery is commit-
ted. 2 Lill. Abr. 27. If a Servant is robbed of his
Matter's Moncy, he may fue the Hundred on the
Statute of Winton of Hue and Cry; or the Mafter
may bring the A&tion, and the Man making ath
of the Robbery, and that he knew none of the
Robbers, is fufficient wi hout the Oath of the Ma- Hundred, (Hundredum, Centuria) Is a Part of a
fter. Goldf. 24. Cro. Car. 26, 37, 336. Where a Ser- County, fo called, becaufe it contained ten Tithings,
vant is robbed, he must be examined and fworn; and a Hundred Families; or for that it found the
but if the Mafter be prefent, it is a Robbery of him. King one Hundred able Men for his Wars. Theſe
Show. 241. 1 Leon. 323. If a Quaker be robbed, or Hundreds were firft ordained by King Alfred, the 29th
a Man's Servant being a Quaker, and either refufe King of the Weft-Saxons; who took the Form of
to take the Oath of the Robbery, and that he did dividing Counties into Hundreds for better Govern-.
not know any of the Robbers, the Hundred is not ment, from the Confticution of Germany, where
anſwerable; for the Statute of Eliz. was made to Centa or Centena is a Jurifdiction over an Hundred
prevent Combination between Perfons robbed and Towns; and has the Punishment of capital Crimes.
the Robbers.. 2 Salk. 613. But the Mafter's Oath After the Divifion of England into Counties by the
where his Servant is a Quaker, or otherwife, and afore-mentioned King, and the Government of each
being robbed in his Prefence, will maintain the Ac County given to a Sheriff; thofe Counties were fub-
tion in his own Name. Carth 146. And a Plaintiff divided into Hundreds, of which the Conftable was
had Judgment on his own Oath, though his Servant the chief Officer: And the Grants of Hundreds at
that was robbed with him, knew one of the Rob- firft proceeded from the King to particular Perfons.
bers. When a Carrier is robbed of another Man's 9 Co. 25. The Jurifdiction of the whole County re-
Goods, he or the Owner may fue the Hundred; but mained to the Sheriff, until K. Ed 2. granted fome
the Carrier is to give Notice, and make, Oath, &c. Hundreds in Fee; and all Hundreds which were not be-
though the Owner of the Goods brings the Action, fore that Time granted by the Crown in Fee, were
2 Saund 380. Receivers General of Taxes, &c. by Statute joined to the Office of Sheriff.
By the
being robbed, there must be Three in Company at Statute 14 Ed. 3. c. 9. Hundreds which were fevered
leaft to make Oath of the Robbery to maintain an from the Counties were rejoined to the fame; but
Action against the Hundred. Stat. 6 Geo. 1. If an neither of the Statutes extend to a Grant of the
Action against the Hundred be difcontinued, on a King of an Hundred in Fee, with Retorna Brevium.
new A&tion brought there must be a new Oath ta- Vent. 99. 2 Nelf. Abr. 942. Hundreds it is faid, are
ken within forty Days before the laſt Action brought. Parcel of the Crown; and by the Grant of an Hun-
Sid. 139. In A&tion upon the Stature of Hue and Cry, dred, a Leet paffes, and an implied Power of making
the Declaration is good, though the Plaintif doth a Bailiff to execute Process, &c. But a Hundred can-
not fay, that the Juftice of Peace who took the not at this Day be feparated from the County ex-
Oath lived prope locum where the Robbery was com- cept fuch as were granted by King Edward 3. or
mitted. Mich. 6 W. And Oath was made before-a his Ancestors; it may not now be by Grant or
Juftice of Peace of the County where the Robbery Prefeription, though formerly derivative out of
was done, in a Place of another neighbouring Coun- the County. 3 Mod 199. Our Hundreds keep the
ty; and it was held good. Cro. Car. 211. If a Ju- Name, and remain in fome Sort the fame, as origi
fice of Peace refufes to examine a Perfon robbed, nally ufed; but their Jurifdi&tion is devolved to
and to take his Oath, A&tion on the Statute lies a- the County Court, fome few excepted, which have
gainst the Justice. 1 Leon. 323. It is fafe to fay the been by Privilege annexed to the Court, or grant-
Plaintiff gave Notice at fuch a Place, near the ed to fome great Subjects, and remain fill in the
Place where the Robbery was done; and though Nature of a Franchife: This has been ever fince
that Place where Notice is given be in another Hun-the Statute 14 Ed 3. whereby the Hundred Courts
dred or County, yet it is good enough; for a Stran-
ger may not know the Confines of the Hundred or
County Cro. Car. 41, 379. 3 Salk. 184. If there be
a Miftake of the Pariſh in the Declaration where
5
.
I
anciently farmed out by the Sheriff to other Men,
were reduced all or the moft Part to the County
Court, and fo continue at prefent; fo that where
there are now any Hundred Courts, they are feverai
Franchifes,
HU
JA
!
?
I
Hufcarle, A menial Servant
Hufcarle, A menial Servant: It fignifies proper
Gatherers of the Danes Tributes were anciently
called Hufcarles. The Word is often found in
Domesday, where it is faid the Town of Dorchester
paid to the Ufe of Hufcarles or Houfecarles, one Mark
of Silver. Domefday....
Franchiſes, wherein the Sheriff hath nothing to do
by his ordinary Authority, unless they of the Hun-ly a ftout Man, or a Domeftick: Alfo the Domeftical
dred refufe, to do their Duty. Weft. Symb. lib. 4. feet.
288. They were formerly Juffices of Hundreds
And the Word Hundredum is fometimes taken for
an Immunity or Privilege, whereby a Man is quit
of. Money or Cuftoms due to the Hundreds. See
Turn. Hundred chargeable for Robberies, vide' Hue
and Cry.
Huleans, (Fr. Houfeau) A Sort of Boot, or Buf
kin made of coarſe Cloth, and worn over the Stock-
ings, mentioned in the Stat. 4 Ed. 4. c. 7.
Hufgable, (Hufgablum) Houſe-Rent, or fome Tax
or Tribute laid upon Houles. Mon. Angl. Tom. 3.
p. 254.
HundzeDozs, (Hundredarii) Are Perfons ferving on
Furies, or fit to be impanelled thereon for Trials, Husfaltne, (Sax. Hus, i. e. Domus, & Faft, fixus)
dwelling within the Hundred where the Land in Is he that holdeth House and Land.
Et in.
Queftion lies. Stat. 35 H. 8. c. 6. And Default Franco plegio effe debent omnes qui Terram & Domum te-
of Hundredors was a Challenge or Exception to Panent qui dicuntur Husfaftne, &c. Bract. lib. 3. tract.2.
nels of Sheriffs, by our Law, till the Stat. 4 & 5 cap. 10. See Heordfefte.
Ann. cap. 16. ordained, that to prevent Delays by
Reafon of Challenges to Panels of Jurors for De
fault of Hundredors, &c. Writs of Venire facias for
Trial of any Action in the Courts at Westminster,
ſhall be awarded of the Body of the proper County
where the Iffue is triable. Hundredor alfo fignifies
him that hath the Jurifdiction of the Hundred; and
is in fome Places applied to the Bailiff of an Hun-
dred. 13 Ed. 1. c. 38. 9 Ed. 2. 2 Ed. 3. Horn's
Mirror, lib. 1.
Hundred-lagh, (From the Sax. Laga, Lex) Is in
Saxon the Hundred Court. Manwood, par. 1. pag. 1.
Hundzed-peny, Was collected by the Sheriff or
Lord of the Hundred, in Oneris fui fubfidium. Camd.
223- Eft autem Pecunia quam. Subfidii caufa Vice-
comes olim exigebat ex fingulis Decuriis fui Comitatus,
quas Tithingas Saxones appellabant; fic ex Hundredis,
Hundred-peny, &c. Spelm. Gloff. Pence of the Hun-
dred is mentioned in Domesday. And it is elfewhere
called, Hundredfeb. Chart. K. Joh. Egidio Epifc.
Heref.
Huffeling People, Communicants, from the Sax.
Huffel, which fignifies the Holy Sacrament: And in
a Petition from the Borough of Leominster to King
Edward the Sixth, the Petitioners fet forth that in-
their Town there were to the Number of 2000 Huf
feling People, Epc.
Hultings, (Huftingum, from the Sax. Huftinge, i. e.
Concilium, or Curia) Is a Court held before the Lord
Mayor and Aldermen of London, and is the principal
and fupream Court of the City: And of the great
Antiquity of this Court, we find this honourable
Mention in the Laws of King Edward the Confeffor:
Debet etiam in London, que eft caput Regni & Legum,
femper Curia Domini Regis fingulis feptimanis Die Lune
Huftingis federe teneri; Fundata enim erat olim & &
dificata ad inftar, & ad modum & in memoriam Veteris
Magna Troje,& ufque in hodiernum diem, Leges &
Fura & Dignitates, & Libertates regiafque confuetudines
antique Magne Troja, in fe continet: Et confuetudines
Ang.fuas una femper inviolabilitate confervat, &c. Other
Cities and Towns have alfo had a Court of the
fame Name; as Winchefter, York, Lincoln, c. Fleta,
lib. 2. c. 55. 4 Inft. 247. Stat. 10 Ed. 2. c. I. See
Court of Huftings.
|_ Hundzed-Setena, Signifies Dwellers or Inhabi-
tants of a Hundred. Charta Edgar. Reg. Mon.
Tom. I. pag. 16.
Hunting, of Game and Prey, fee Game and Deer-
ftealers.
Hurrers. The Cappers and Hat makers of Lon
don were formerly one Company of the Haberdashers,
called by this Name. Stow's Surv. Lond. 312.
Hurst, Hyzlt, (Sax.) A Wood or Grove of Trees:
And as the great Wood called Andrefwald extended
through Kent, Suffex, and Hampshire, there are ma
ny Places in thofe Counties which begin and end
with this Syllable.
1
Hurst-Castle, Is fo called becaufe fituated near
the Woods: So Hurflega is a woody Place; from
whence probably is Hurley a Village, where Oliver
Cromwell had a Seat, near Winchefter.
Hutilan, Terras quietas ab omni Hutilan & omni
alia Exactione. Mon. Ang. Tom. 1. p. 586.
Hybernagium, The Seaſon for fowing Winter-
Corn, between Michaelmas and Christmas; as Tre-
magium is the Seafon for Sowing the Summer-
Corn in the Spring of the Year: Thefe Words were
taken fometimes for the different Scafons; other
Times for the different Lands on which the feveral
Grains were fowed; and fometimes for the different
Corn; as Hybernagium was applied to Wheat and
Rye, which we ftill call Winter-Corn; and Tremagium
to Barley, Oats, &c. which we term Summer-Corn:
This Word is likewife writ Ibernagium and Thorna-
gium. Flera, lib. 2. cap. 73. fect. 18.
.
Hyde of Land, and Hydegild. See Hide and
Hidage.
Hus and Hant, Words ufed in ancient Pleadings,
Henricus P. captus per querimoniam Mercatorum
Flandria & Imprifonatus, offert Domino Regi Hus &
Hant in Plegio ad Standum recto, & ad refpondendum
pradictis Mercatoribus & omnibus aliis, qui verfus eum
loqui voluerint: Et diverfi veniunt qui manucapiunt quod Hypothecate a Ship, (from the Lat. Hypotheca, a
dictus Hen. P. per Hus & Hant veniet ad fummonitio- Pledge) Is to pawn the fame for Neceffaries; and
nem Regis vel Concilii fui in Curia Regis apud Shepway, a Mafter may hypothecate either Ship or Goods, for
quod ftabit ibi Recto, &c. Placit. coram Concilio Relief when in Diſtreſs at Sea, for he repreſents the
Dom. Reg. Anno 27 H. 3. Rot. 9. See commune Ple-Traders as well as Owners: And in whoſe Hands ſo-
gium, ficut Johannes Doe & Richardus Roe. 4 ever a Ship or Goods hypothecated come, they are
Inft. 72.
liable. i Salk. 34.
Husband and Wife, Are made fo by Marriage,
and being thus joined, are accounted but one Per-
fon in Law. Litt. 168. See Baron and Feme.
Husbandry. There having been great Decay of
Husbandry and Hofpitality; it was enacted that one
Half of the Houfes decayed fhould be erected, and
40 Acres of arable Land laid to them, by the Per-
fon, his Heir, Executor, &c. who fuffered the De-
cay; And they are to keep the Houfes and Land in
Repair, by Stat. 39 Eliz. c. 1.
Husbiece, (From the Sax. Hus, a Houſe and Brice,
a Breaking) Was that Offence formerly which we
now call Burglary. Blount.
2 Lill. Abr. 195..
yth, A Wharf, &c. See Hith.
J
cens hareditas dicitur, antequam adita fit; An E-
ftate in Abeyance. Dig.
Ja
Jack, A Kind of defenfive Coat-Armour worn by
Horfemen in War, not made of folid Iron, but of
many Plates faftned together; which fome Perfons
by Tenure were bound to find upon any Invaſion.
Walfingham.
5 G
1
Jaltíbus,
ID
ID
1
Ja&tibus, (Lat.) Signifies he that lofeth by De-
fault: Placitum fuum neglexerit, & Jativus exinde re-
manfit. Formul. Solen. 159.
!
Jamaica, An American Inland, taken from the
Spaniards in the Year 1655, mentioned in the Stat.
15. Car. 2. c. 5. See Plantations.
Jambeaux, Leg-Armour, from Fambe, Tibia.
Blourt.
Jampnum, Furze or Gorfe, and gorfy Ground;
a Word ufed in Fines of Lands, &c. and which feems
to be taken from the Fr. Jaune, i. e. yellow, becaufe
the Bloſſoms of Furze or Gorze are of that Colour.
1 Crok. 1.79.
Jaunum or Jaun, Heath, Whins, or Furze. Pla-
cita 23 H. 3. No Man can cut down Furze, or
Whins in the Foreft, without Licence. Manwood,
cap. 25. num. 3.
them is in the King; but the Freehold is in the
Ideot: If he alien his Land, the King fhall have a
Scire facias against the Alience, and refeife the fame
into his Hands, and the Inheritance fhall be veſted
in the Ideot; but this must be after he is found by
Inquifition to be an Ideot. 13 Eliz. Dyer 302. 5 Rep.
125. It has been adjudged, that the King thall have
the Profit of an Ideot's Lands only from the Time
of the Inquifition; but to prevent Incumbrances
made by the Ideot, it fhall have Relation to the
Time of his Birth. 8 Rep. 170. By his Prerogative,
and Fure Protectionis fua Regia, the King hath the
Lands, and it is faid the fole Intereft in granting the
Eftate of an Ideot, but not of a Lunatick: Though
if a Copyholder be Ideot, his Copy hold Eftate fhall be
ordered by the Lord, and not by the King. Co. Litt.
126. Dyer 302. If a Perfon had once Underſtand.
Jaques, Small Money, according to Staundford.ing, and became a Fool by Chance or Misfortune;
S. P. C. c. 30.
Jarrock, A Kind of Cork, mentioned in the Sta-
tute 1 R. 3. c. 8.
Jar, (Span. Farro, i. e. a Pot made of Earth)
With us is a large earthen Veffel of Oil,
ing twenty Gallons; or from eighteen to twenty-fix
Gallons, of Oil, Olives, &c.
the King fhall not have the Cuftody of him. Staundf.
Prerog. c. 9. 4 Rep. 124. And if one have ſo much
Knowledge as to meaſure a Yard of Cloth, number
twenty Pence, or rightly name the Days of the
contain-Week, or to beget a Child, &c. whereby it may ap-
pear he hath fome Light of Reafon, he fhall not be
accounted an Ideot by the Laws of the Realm. 4
Rep. Though where there was a general Finding
of an Ideot, and afterwards faid for fo many Years,
and not from his Nativity; it was held good, and
that what followed was Surplufage. 3 Mod. 43. I.
deots not having Understanding, are incapable to
make a Will or Teftament; and their Deeds, Grants
and Conveyances are voidable, or may be made
void But what they do concerning Lands, &c. in
Jceni, The People of Suffolk, Norfolk, Cambridge-
fhire and Huntingdonshire. Law Lat. Di&.
Jch Dien, (From the German) Is the Motto be-
longing to the Arms of the Prince of Wales, fignify
ing I ferve: It was formerly the Motto of John,
King of Bohemia, flain in the Battle of Creffy, by
Edward the Black Prince; and taken up by him to
Thew his Subjection to his Father King Edward 3.
Icona, (Iconia) A Figure or Reprefentation of aa Court of Record, as Fines, Recoveries, Judgments,
Thing. Matt. Parif. 146. Hoveden 670.
J&tus ozbus, A Maim, Bruife, or Swelling; any
Hurt without breaking the Skin and fhedding of
Blood, which was called Plaga: It is mentioned in
Bracton, lib. 2. tract. 2. cap. 5 24. And in the Laws
of Hen. 1. c. 34.
Statutes, &c. by them fuffered and entered into,
fhall bind themfelves, and all others claiming un-
der them. Yet the Judges ought not to fuffer an
Ideot to do any fuch A&t. 1 Inft. 247. 2 Inft. 483.
5 Rep. III. 4 Rep. 125. 12 Rep. 124 By a late
Statute Perfons being Ideots, Lunaticks, or Non
Identitate nominís, Is a Writ that lies for him compos Mentis, who are feifed or poffeffed of Eftates
who is taken and arrefted in any perfonal Action, in Fee, or for Life or Years, in Truft or by Way
and committed to Prifon for another Man of the of Mortgage, are enabled to make Conveyances or
fame Name; in fuch Cafe he may have this Writ Affignments of fuch Eftates, in fuch Manner as the
directed to the Sheriff, which is in Nature of a Lord Chancellor fhall direct, on hearing of the Par-
Commiffion to enquire, whether he be the fame ties for whom fuch Ideots or Lunaticks fhall be feifed
Perfon against whom the Action was brought; and in Truft, &c. which Conveyances fhall be good in
if not, then to diſcharge him. Reg. Orig. 194. F. Law, as if the Ideots, &c. had been of found Mind:
N. B. 267. Mich. 25 H. 8. But when there are two And they may be compelled to convey fuch Eſtates,
Men of one Name, and one of them is fued without in like Manner as other Perfons. Stat. 4 Geo. 2. c. 10.
any Name of Place, or Addition to diftinguish him, If an Ideot contracts Matrimony, it will bind him,
this Writ will not lie; and where there are Father and his Iffues will be legitimate: And Ideots fhall be
and Son, &c. of the fame Name, if there is no Ad-bound to pay for Neceffaries. 1 Rol. Abr. 357.
dition of Junior, the Perfon fued is always taken for
Senior, and if the Younger be taken for him, he may
have Falſe Imprifonment. Hob. 330. A Writ de 1-
dentitate Nominis, it is faid, hath been allowed after
Verdi&t and Judgment. Cro. Fac. 623. It lies alfo
for wrongfully feizing Lands or Goods of a Perfon
outlawed, for want of a good Declaration of his
Surname; and Officers fhall take Security, to an-
fwer the Value of what is feifed, if the Party can-
not diſcharge it, on Pain of double Damages. Stat.
37 Ed. 3. c. 2. And this Writ fhall be maintainable
by Executors, &c. by Stat. 9 H. 6.-c. 4.
2
Sid. 112. A Difcent on a Diffeifin, may take away
the Entry of an Ideot; but after his Death his
Heir may enter, &c. 4 Rep. 125. Alſo where an
Heir is an Ideot, though of any Age, any Perfon
may make a Tender for him. 1 Inft. 206. Ideots
cannot appear by Attorney, but when they fue or
defend any Action, they muft appear in Perſon,
and the Suit be in their Names, but followed by
others. 2 Sid. 112, 335. Ideots, &c. ought not to
be profecuted for any Crime; because they want.
Knowledge to diftinguish Good and Evil. 1 Inft. 247.
3 Inft. 4, 108.
Deot, (Lat. Idiota, Indoctus) Is uſed in our Law, Deota inquirendo vel Examinando, Is a Writ to
for one who is a natural Fool from his Birth. By the examine whether a Perfon be an Ideot. The King
Statute 17 Ed. 2. c. 9. The King fhall have the having the Protection of his Subjects, and the Go-
Cuftody of the Lands of an Ideot or natural Fool, vernment of their Lands who are naturally defec-
taking the Profits during his Life, without commit-tive in their Understanding; for this Purpoſe the
ting Waſte, and finding him and his Family Necef-
faries; and after his Death fhall render the Lands
to the right Heir: And the King fhall alfo have
the Cuftody of the Body, Goods and Chattels of an
Ideot, after Office found, &c. The Cuftody of the
Body and Goods of the Ideot are given to the King
by the Common Law; as the Cuftody of the Lands
is by the Statute de Prerogativa Regis, and the Ufe of
Writ de Idiota Inquirendo, &c. is iffued, directed to
the Sheriff to call before him the Party fufpe&ted
of Ideocy, and to examine him and inquire by a Ju-
ry of twelve Men, who are to be on their Oaths,
whether the Party is an Ideot, or not, viz. If he be
of fufficient Underſtanding and Difcretion to ma-
nage his Eftate, or not fo; and if from his Birth
he hath been a perfect Ideot, by Reafon whereof
the
A
I
JE
JE
the Cuftody of his Lands and Tenements ought to
belong to the King; or if by any Misfortune, he
hath fell into fuch Infirmity, &c. and by what, &rc.
and of his Age, and Lands, and who holds them,
c. and when the Inquifitionis taken, the Sheriff
is to certify it into the Chancery: And the Party
may be afterwards examined by the Lord Chan-
cellor, &c. F. N. B. 232. Reg. Orig. 267. 9
Rep. 31.
Nones.
Des, (Idus) Are eight Days in every Month, fo
called; being the eight Days immediately after the
In the Months of March, May, July and
October, theſe eight Days begin at the eighth Day
of the Month, and continue to the fifteenth Day:
In other Months they begin at the fixth Day, and
laft to the Thirteenth. But it is obfervable, that
only the last Day is called Ides, the first of thefe
Days is the Eighth Ides, the fecond Day the Seventh,
the Third the Sixth, i. e. the eighth, feventh, or
fixth Day before the Ides; and fo it is of the Reft
of the Days: Wherefore when we fpeak of the Ides
of any Month in general, it is to be taken for the
Fifteenth or Thirteenth of the Month mentioned.
See Calends.
Doneum le facere, (Idoneus, ufed for Innocens) Is
to purge himſelf by Oath of a Crime, whereof he is
accufed. Leg. H. 1. c. 75. But he is faid in our
Law to be Idoneus Homo, that has thefe three Things,
Honesty, Knowledge and Ability; and if an Officer,
c. be not Idoneus, he may be difcharged. 8 Rep. 41.
See Prefentation.
Jejunum, (Purgatio per Fejunium) We read of in
the Laws of Canutus, cap. 7.
い
​that
Plea and Iffue may be aided by the Statute of Fed-
fails, after a Verdict: And if an Iffue joined be un-
certain and confufed, a Verdict will help it. Cro.
Car. 316. Hob. 113. The Statutes likewife help when
there is no Original; and where there is no Bill
upon the Fine, it is aided after Verdict by Statute:
But when there is an Original, which is ill,
is not aided. Cro. Fac. 185, 480. Cro. Car. 282. The
Stature of Feofails 16 & 17 Car. 2. helps a Mif-trial
in a proper County; but not where the County is
mistaken. 1 Mod. 24. And theſe are the Statutes of
Feofails, which help Errors and Defects by Mif
pleading in Records, Procefs, Mifprifions of Clerks,
&c. By 32 H. 8. c. 30. it is enacted, that if the Ju-
ry have once paffed upon the Iffue, though after-
wards there be found a Feofaile in the Proceedings,
yet Judgment fhall be given according to the Vers
di&t. The 18 Eliz. c. 14. ordains, that after Verdict
given in any Court of Record, there fhall be no
Stay of Judgment, or Reverfal for Want of Form
in a Writ, Count, Plaint, &c. or for Want of any
Writ original or judicial; or by Reafon of infuffi
cient Returns of Sheriffs, &c. But this is not to
extend to Appeals of Felony, Indi&ments, &c. By
the 21 Fac. 1. c. 13. if a Verdi& fhall be given in
any Court of Record, the Judgment fhall not be
stayed or reverfed for Variance in Form between
the original Writ or Bill and the Declaration, &c.
or for Want of Averment of the Party's being li
ving, fo as the Perfon is proved to be in Life; or
for that the Venire facias is in Part mif-awarded;
for Mifnofmer of Jurors, if prov'd to be the Per-
fons returned; Want of Return of Writs, fo as a
Jeofaile, Is compounded of the Fr. J'ay faillé, i.e. Panel of Jurors be returned and annexed to the
Ego lapfus fum, and fignifies an Overlight in Plead-Writs; or for that the Return Officer's Name is not
ing or other Law Proceedings. It is when the Par-fet to the Return, if Proof can be made that the
ties to any Suit have gone fo far that they have Writ was returned by fuch Officer, &c. The Stat.
joined Iffue, which fhall be tried, or is tried by a 16 & 17 Car. 2. c. 8. enacts, that Judgment fhall
Jury or Inqueft, and this Pleading or Iffue is fo not be ftayed or reverfed after Verdict in the Courts
badly pleaded or joined, that it will be Error if of Record at Westminster, &c. for Default in Form;
they proceed; then fome of the Parties may by or for that there are not Pledges to profecute upon
their Counfel fhew it to the Court, as well after the Return of the original Writ, or becauſe the
Verdict given and before Judgment, as before the Name of the Sheriff is not returned upon it; for
Jury are charged; the Shewing of which Defects Default of alledging the Bringing into Court of
by the Counſel was often, when the Jury came in- Bond, Bill or Deed, or of alledging or Bringing in
to Court to try the Iffue, by faying, This Inqueft ye Letters Teftamentary, or of Adminiftration; or for
ought not to take; and if afer Verdict, by faying, the Omiffion of Vi & Armis, or contra pacem; mifta-
To Judgment ye ought not to go, &c. Therefore for king the Chriftian Name or Surname of either Par-
avoiding the frequent Delays in Suits by fuch Sug ty, or the Sum of Money, Day, Month or Year,
geftions, feveral Statutes have been made. Terms dec. in any Declaration or Pleading, being rightly
Ley 401. If the Plaintiff in an Action declares up named in any Record, c. preceding; nor for Want
on a Promiſe to find the Plaintiff, his Wife, and of the Averment of hoc paratus eft verificare, or for
two Servants with Meat and Drink for three Years, not alledging prout pater per Recordum; for that there
upon Requeft; and the Defendant pleads that he is no right Venire, if the Caufe was tried by a Jury
promifed to find the Plaintiff and his Wife with of the proper County or Place; nor any Judgment
Meat, &c. abfque hoc, that he promiſed to find for after Verdict, by Confeffion, Cognovit actionem, &c.
two Servants, and the Plaintiff replies, that he did fhall be reverfed for Want of Mifericordia or Capiatur,
promiſe to find, &c. for three Years next following; or by Reafon that either of them are entered, the
Et hoc petit, &c. and thereupon a Verdict is found one for the other, &c. But all fuch Defects, not be-
for the Plaintiff; yet he fhall not have Judgment; ing against the Right of the Matter of the Suit, or
for the Promife in the Replication is not the fame whereby the Iffue or Trial are altered, fhall be a-
with that in the Declaration, which was traverfed mended by the Judges: Though not in Suits of
by the Defendant, and fo there is no Iffue join'd, and Appeal of Felony, Indi&ments, Informations on
therefore it is not helped by Statute. Mich. 19 & penal Statutes, which are excepted out of the A&t.
20 Elix. 3 Leon. 66. In an Affumpfit, the Defendant The 22 23 Car. c. 4. made this A&t perpetual. By
pleads Not guilty, and thereupon Iffue is join'd, and 4 & 5 Ann. c. 16. all the Statutes of Feofaile fhall ex-
found for the Plaintiff; he fhall have Judgment, tend to Judgments entered by Confeffion, Nil dicit,
though this is an improper Iffue in this Action, for or Non fum Informatus in any Court of Record; and
as there is a Deceit alledged, Not guilty is an An- no fuch Judgment fhall be reverfed, nor any Judg.
fwer thereto, and it is but an Iffue mif-joined, ment or Writ of Inquiry of Damages thereon fhall
which is aided by Statute. Cro. Eliz. 407. If in Debt be ftayed for any Defect which would have been
upon a fingle Bill, the Defendant pleads Payment, aided by thofe Statutes, if a Verdict had been gi-
without an Acquittance, and Iffue is join'd and ven; fo as there be an original Writ filed, &c.
found for the Plaintiff; though the Payment with- The 5 Geo. 1. c. 13. ordains, that after Verdict gi-
out Acquittance is no Plea to a fingle Bill, he fhall ven, Judgment fhall not be stayed or reverſed for
have Judgment, becauſe the Iffue was joined upon Defect in Form or Subſtance, in any Bill or Writ,
an Affirmative and a Negative, and a Verdi&t for or for Variance therein, from the Declaration or
the Plaintiff. Mich. 37 & 38 Eliz. 5 Rep. 43. An illany other Proceedings. See Error.
i
any
Terley
1
!
1
▸
IG
Ferley and Guernley Iflands, Laws relating to.
Vide IЛe..
effe, A large Brafs Candlestick, with many Scon-
ces hanging down in the Middle of a Church or
Choir which Invention was firft called Jeffe, from
the Similitude of the Branches of thofe of the Arbor
Fefe And this uſeful Ornament of Churches was
first brought over into this Kingdom by Hugh de Flo-
ry, Abbot of St. Auftins in Canterbury, about the
Year 1100. Chron. Will. Thorn. 1796.
I M
dictment; the Effe&t whereof is, that all farther In-
quiry and Proceedings againſt that Party, for that
Fault wherewith he is charged, is thereby ftopped,
and he is delivered without further Anſwer. 3
Inft. 30.
►
Ignorance, (Ignorantia) Which is Want of Know-
ledge of the Law, fhall not excufe any Man from
the Penalty of it. Every Perfon is bound at his
Peril to take Notice what the Law of the Realm
is; and Ignorance of it, though it be invincible,
Jetlen, Jetlon, or Jetlam, (From the Fr. Fet-where a Man affirms that he hath done all that in
ter, i. c. ejicere) Is any Thing thrown out of a Ship, him lies to know the Law, will not excufe him.
being in Danger of Wreck, and by the Waves dri-Dot & Stud. 1. 46. And an Infant of the Age of
ven to Shore. 5 Rep. 106. See Flotfam.
Difcretion fhall be punished for Crimes, though he
be ignorant of the Law; but Infants of tender Age,
have Ignorance by Nature to excuse them; fo Perfons
Non Compos have Ignorance by the Hand of God.
Stud. Compan. S3, S4. Though Ignorance of the Law
excufeth not, Ignorance of the Fact doth: As if a
Re-Perfon buy a Horfe or other Thing in open Market,
of one that had no Property therein, and not know-
ing but he had Right; in that Cafe he hath good
Title, and the Ignorance fhall excufe him. Doct. &
Stud. 309. But if the Party bought the Horfe out
of the Market; or knew the Seller had no Right,
the Buying in open Market, would not have ex-
cufed. Ibid. 5 Rep. 83. Alfo where a Mán is to
enter into Land, or feife Goods, &c. he muſt ſee
that what he does be rightly done, or his Ignorance
fall be no Excufe. Wood's Inft. 608.
Jefuits, &c. Born in the King's Dominions and
ordained by the pretended Jurifdiction of Rome, re-
maining in England, or coming from beyond Sea in-
to this Kingdom, and not fubiittiag to fome Bishop
or Juftice of Peace within three Days, and taking
the Oaths, are guilty of High Treafon; and
ceivers, Aiders and Harbourers of them, are guil-
ty of Felony. Stat. 27 Eliz. c. 2. Perfons knowing
Priests, Jefuits, &c. and not difcovering them to a
Juftice of Peace, ſhall be fined and imprisoned. 22
Car. 2.
:
kenild Street, One of the four famous Ways!
lleviable, A Debt or Duty that cannot, or ought
not to be levied; as Nihil ſet upon a Debt is a Mark
for illeviable.
Jews, (Fudai) In former Times the Jews and
all their Goods were at the Difpofal of the Chief
Lord where they lived; who had an abfolute Pro-
perty in them; and they might not remove to an-
other Lord without his Leave: And we read that
K. Henry 3. fold the Jews for a certain Term of
Years to Earl Rickard his Brother. They were di-that the Romans made in England. See Watling Street.
ftinguiſhed from the Chriftians, in their Lives-time, let, By Contraction Ight, fignifies a little Ifland.
and at their Deaths; for they wore a Badge on Blount.
their outward Garments, in the Shape of a Table,
and were fined if they went abroad without fuch
Badges; and they were never buried within the
Walls of any City, but without the fame, and an- literature. If an illiterate Man be to feal a
tiently not permitted to Burial in the Country. Deed, he is not bound to do it, if none be prefent
Matt. Parif. 521, 606, &c. There were particular to read it, if required; and reading a Deed falſe;
Judges and Laws by which their Caufes and Con- will make it void. 2 Rep. 3, 11. A Man may plead
tracts were decided, and there was a Court of Justice Non eft factum to a Deed read falfe; as where a Re-
affigned for the Jews. 4 Inft. 254. A few may be a leafe of an Annuity was read to an illiterate Perfon,
Witneſs by our Laws, being fworn on the Old Tefta- as a Releaſe of the Arrears only, &c. agreed to be
ment. But by our antient Books, Jews, Hereticks, releaſed. Moor 148. If there is a Time limited for
c. are adjudged out of the Statutes allowing Be-a-Perfon to feal a Writing, in ſuch Cafe Illiterature
nefit of Clergy. 2 Hawk. P. C. 338. The 53 H. 3.
is called Provifiones de Judaifmo; and by the Statute
18 Ed. 1. the King had a Fifteenth granted him pro
expulfione Fudcorum. In the 16th Year of Edw. 1.
all the Fes in England were imprifoned; but they
redeemed themselves, for a vaft Sum of Money:
Notwithstanding which Anno 19. of that King, he
banished them all. Stow's Surv. Lond. B. 3. p. 54.
And they remained in Banishment 364 Years; 'till
Oliver Cromwell reſtored them to their Trade and
Worship here. See Stat. 1 Ann. c. 30. concerning
Jewish Parents refufing Maintenance to a Proteftant
Child; and 10 Geo. 1. c. 4. by which Jews may
take the Oaths to the Government, &c. Vide
Fudaifm.
Jewels. All Diamonds and other Jewels may
be imported or exported without paying any Cu-
ftom-Duty, &c. But not to make void Duties grant-
sed the East India Company, for Jewels brought
from Places in their Limits. Stat. 6 Geo. 2. c. 7. See
Focalia.
Ignis Judicium, Purgation by Fire, or the old
judicial fiery Trial.
Ignitegiuni, The Evening Bell to put out the Fire,
in the Time of Will. 1. called The Conqueror. See
Curfew.
Ignoramus, (i e. We are ignorant) Is ufed by
the Grand Fury impanelled on the Inquifition of
Cauſes criminal, when they reject the Evidence as
too weak or defective to make good the Prefentment
againſt a Perfon, fo as to put him on the Trial, in
which Cafe they write this Word on the Bill of In-
2
fhall be no Excufe, becauſe he might provide a
skilful Man to inftruct him; but when he is obliged
to feal it upon Requeft, c. there he fhall have
convenient Time to be inftructed. 2 Nelf. Abr. 946.
iluminare, To illuminate, or draw in Gold and
Colours the initial Letters and occafional Pictures in
manufcript Books. Bromp. Anno 1076.
Imbargo, (Span. in Lat. Navium detentio) Is a
Stop, Stay, or Arreft upon Ships or Merchandiſe,
by publick Authority. Stat. 18 Car. 2. c. 5. This
Arreft of Shipping is commonly of the Ships of
Foreigners in Time of War and Difference with
States to whom they are belonging: But by an an-
cient Statute, foreign Merchants in this Kingdom
are to have forty Days Notice to fell their Effects
and depart, on any Difference with a foreign Na-
tion. 27 Ed. 3. c. 17. The King may grant Imbar-
goes on Ships, or employ the Ships of his Subjects,
in Time of Danger, for the Service and Defence of
the Nation; but a Warrant to ftay a fingle: Ship,
on a private Account, is no legal Imbargo. Moor 892.
Carth. Rep. 297. Prohibiting Commerce in the Time
of War; or of Plague, Peftilence, &c. is a Kind of
Imbargo on Shipping.
mbating of Money, (from Adultero to corrupt or
mingle) Signifies to mix Species with an Allay be.
low the Standard of Sterling; which the King by
his Prerogative may do, and yet keep it up to the
fame Value as before: Inhanfing of it, is when 'tis
raiſed to a higher Rate, by Proclamation. 1 Hale's
Hift. P. C. 192.
Imbezle,
1
1
IM
I M
r
Imbezle, To fcal, pilfer, or purloin; or where Plaintiff delivers it to him, or brings it into Court,
a Perfon entrusted with Goods, waftes and diminishes and a convenient Time after to plead. Hill. 22 Car. 1.
them. The Word Imbezle is mentioned in feveral B. R. An Imparlànce being pray'd on a Defendant's
Statutes, particularly relating to Workers of Wool,
&c. as the Star, 7 Fac. 1. c. 1. 14 Car. 2. c. 31. and
Ann. By the former of which, Imbezlers of Wool,
Yarn, or other Materials for making of Cloth, are
to make Satisfa&ion, or be whipp'd and put in the
Stocks; and by the latter they are to forfeit dou-
ble Damages, and be committed to the Houfe of
Correction 'till paid, c. By a late Statute, Per-
fons that imbezil or illegally difpofe of any Woollen,
Linen, Fuftian, Cotton, or Iron Materials; or
Gloves, Leather, Shoes, c. they are intrufted toment; and then there could be no Imparlance, but
work up, fhall forfeit double the Value or be fent
to the House of Correction, and there whipped,
and kept to hard Labour fourteen Days; and for a
fecond Offence, forfeit four times the Value, &c.
And Buyers and Receivers are liable to the fame
Penalties. Stat. eo. 2. c.. 8. If any Servant im
bezils, purloins, or makes away his Mafter's Goods,
to 40 s. Value, it is made Felony without Benefit of
Clergy, by 12 Ann. c. 7.
Appearing to answer an Information, it was faid
Imparlance was formerly from Day to Day, but how
from one Term to another, on the Crown-Side; and
it was ruled that the Defendant fhould have the
fame Time to imparl that the Procefs would have
taken up, if he had ftood out till the Attachment
or Capias; for when he comes in upon that, he
muft plead inftanter. I Salk. 367. Mod. Cafes 243.
And if Procefs had been continued, he might have
been brought in the fame Term upon an Attach-
he ought to plead inftanter. 2 Nelf. Abr. 947. There
are many Cafes wherein Imparlances are not allow'd;
no Imparlance is granted in an Homine Replegiando;
or in an Affife, unless on good Caufe fhewn: Nor
fhall there be an Imparlance in Action of fpecial
Claufum fregit; though it is allowed in general Ac-
tions of Trefpafs. Hill. 9 W. 3. 3 Salk. 186. Where
an Attorney, or other privileged Perfon of the
Court, fues another, the Defendant cannot imparl,
but must plead preſently: If the Plaintiff fues out
a fpecial Original, wherein the Caufe of A&tion is
expreffed, and the Defendant is taken on special
Capias, he shall not have an Imparlance, but fhall
plead as foon as the Rules are our. 2 Lill. 35. 36.
As to Pleadings on Imparlance's; a Plea to the Ju-
Impanel, (Impanellare Furatis) Signifies the Wri- rifdi&tion, may not be pleaded after general Impar-
ting and Entering into a Parchment Schedule by the lance. Raym. 34. After Imparlance, the Defendant:
Sheriff, of the Names of a Jury fummoned to ap cannot plead in Abatement; if he doth, and the
pear for the Performance of fuch publick Service Plaintiff tenders an Iffue, whereupon the Defen-
as Juries are employed in. Impanulare was fome-dant demurs, and the Plaintiff joins in Demurrer,
times a Privilege granted that a Perfon fhould not
be imparelled or returned upon a Jury. Non
Ponatur nec Impanuletur in aliquibus Furatis, &c.
Paroch. Antiq. 657. See Panel.
Immunities. King Hen. 3. by Charter granted
to the Citizens of London, a general Immunity from
all Tolls, &c. except Cuftoms and Pritage of Wine.
Cit. lib. 94.
Impalare, Is to put in a Pound, by the Laws of
Hen, 1. c. 9.
·
Imparlance, (Interlocutio, vel Licentia Interloquendi)
Is derived from the Fr. Parler, to fpeak, and in
the Common Law is taken for a Petition in Court of
a Day to confider, or adviſe what Anfwer the De-
fendant thall make to the A&tion of the Plaintiff;
being a Continuance of the Caufe 'till another Day,
or a larger Time given by the Court. And Impar-
lance is either General or Special; General, when it is
fet down and entered in general Terms, without
any special Claufe, thus; and now at this Day, to
wit, on Thursday next after the O&aves of St. Hillary,
in this fame Term, until which Day the aforefaid C. D.
the Defendant had Licence to imparle to the Bill aforefaid,
and then to anſwer, &c. Special Imparlance, is where
the Party defires a farther Day to answer, adding
alſo theſe Words; Saving all Advantages, as well to
the Furifdiction of the Court, as to the Writ and Decla-
ration, &c. Kitch. 200. This Imparlance is had on
the Declaration of the Plaintiff; and fpecial Impar-
lance is of Ufe where the Defendant is to plead fome
Uſe
Matters which cannot be pleaded after a general
Imparlance. 5 Rep. 75. Imparlance is generally to
the next Term; and if the Plaintiff amend his De
claration after delivered or filed, the Defendant
may impart to the next Term afterwards, if the
Plaintiff do not pay Cofts; but if he pay Colts,
which are accepted, the Defendant cannot imparl.
2 Lill. Abr. 35. Alfo if the Plaintiff declares against
the Defendant, but doth not proceed in three Terms
after; the Defendant may imparl to the next Term.
Ibid. The not delivering a Declaration in Time is
fometimes the Caufe of Imparlance of Courfe: And
where the Defendant's Cafe requires a fpecial Plea,
and the Matter which is to be pleaded is difficult;
the Court will, upon Motion, grant the Defendant |
an Imparlance, and longer Time to put in his Plea,
than otherwiſe by the Rules of the Court he ought
to have: If the Plaintiff keeps any Deed, or other
Thing from the Defendant, whereby he is to make
his Defence, Imparlance may be granted till the
fuch Plea is not peremptory; becauſe the Plaintiff
ought not to have joined in Demurrer, but to have
moved the Court, that the Defendant might be
compelled to plead in Chief. Allen 65. Though a
Defendant may not plead in Abatement after a ge-
neral Imparlance; yet if it appear by the Record
that the Plaintiff hath brought his Action before
he had any Caufe, the Court ex Officio will abate the
Writ. 2 Lev. 197. The Defendant cannot have Oyer
of a Deed in a common Cafe, after Imparlance: And
a Tender after Imparlance, is naught 2 Lev. 190.
Lutw. 238. If it appears upon the Record, that
an Imparlance was due, and denied, it is Error; but
then fuch Error muft appear on the Record. 3 Salk.
168. It has been held, that if the Defendant doth
not appear on a Dies Datus, the Plaintiff fhall not
have Judgment by Default, as he may on Impar-
lance; becaufe the Dies Datus is not fo ftrong againſt
him as an Imparlance; and therefore the Plaintiff
must take Process against the Defendant for not
Appearing at the Time. Moor 79. 2 Nelf. 947. By
late Orders of Court, where a Defendant is arrefted
by Process out of B. R. in which the Caufe of Ac-
rion is fpecially expreffed; or a Copy of Procefs is
delivered, and the Plaintiff hath declared; the
Defendant fhall not have Liberty of Imparlance,
without Leave firft granted, but fhall plead with-
in the Time allowed a Defendant profecuted by
original Writ. Ord. Hill. 2 Geo. 2. And upon all
Proceffes returnable the first, or fecond Return of
any Term, the Declaration fhall be delivered with
Notice to plead in eight Days after Delivery,
where the Defendant lives above twenty Miles from
London, c. without any Imparlance; and on Default
of Pleading, the Plaintiff may fign Judgment. Ord.
Cur. Trin. 5 & 6 Gẹo. 2.
Imparfonee, (As Parfon, Imparfonee) Is he that is
inducted into and in Poffeffion of a Benefice. See
Parfon.
Impeachment, (from the Lat. Impetere) Is the
Accufation and Profecution of a Perfon for Trea-
fon, or other Crimes and Misdemeanors. Any
Member of the House of Commons may not only
impeach any one of their own Body, but alſo any
- 5 H
Lord
T
I M
I M
¿
Lord of Parliament, . And thereupon Articles
are exhibited on the Behalf of the Commons, and
Managers appointed to make good their Charge and
Accufation; which being done in the proper Judi-
cature, Sentence is paffed, &c. And it is obferved,
that the fame Evidence is required in an Impeach
ment in Parliament, as in the ordinary Courts of
Juftice: But not in Bills of Attainder. State Trials,
Vol. 4. 311. Vol. 1. 676. No Pardon under the Great
Seal, can be pleaded to an Impeachment by the Com
tons in Parliament, 12 W. 3. c. 2.
Impeachment of Waste, (Impetitio Vafti, from the
Fr. Empefchement, i. c. Impedimentum) Signifies a Re-
ftraint from committing of Wafte upon Lands or
Tenements; or a Demand of Recompence for Wafte
done by a Tenant that hath but a particular Eftate
in the Land granted: But he that hath a Leafe to
hold without Impeachment of Waste, hath by that
fuch an Intereft given him in the Land,
that he may make Waſte without being impeach
ed for it; that is, without being queftion'd, or
any Demand of Recompence for the Waste done.
11 Rep. 82.
Impediments in Law. Perfons under Impediments
are thofe within Age, under Coverture, Non Compos
mentis, in Priſon, beyond Sea, &c. who, by a Saving
in our Laws, have Time to claim and profecute
their Rights, after the Impediments removed, in Cafe
of Fines levied, Exc. 1 R. 3. c. 7. 4 H. 7. c. 24. Sec
Stat. Limitations 21 Jac. 1.
Impediatus, Impediati Canes, Dogs lawed in the
Forests. Vide Expediatus.
Imperiale, A Sort of very fine Cloth. Cowel.
Impefcatus, Impeached or accufed. Pat. 18
Edw. I.
Impetration, (Impetratio) Signifies an Obtaining
any Thing by Requeft and Prayer: And in our
Statutes it is a Pre-obtaining of Church Benefices
in England from the Court of Rome, which belong
to the Gift and Difpofition of the King, and other
Lay Patrons of this Realm; the Penal y where
of was the fame with Provifors. 25 Ed. 3. 38 Ed. 4.
cap. 1.
Impierment, Is ufed for Impairing or Prejudi-
cing; as to the Impierment and Diminution of their
good Names, &c. 23 Hen. S. c. 9.
Implead, To fue or profecute by Courfe of Law;
from the Fr. Plaider.
Heir at Law: For Inftance; A Man deviſed Part
of his Lands to his Wife for Life, and that the
fame and all the Reft of his Lands fhould remain to
his youngest Son, and the Heirs of his Body, after
the Death of the Wife; now here was no express
Devife of the Reft of the Lands to his Wife, and
the fhall not have them by Implication, becauſe the
eldeſt Son and Heir at Law was not excluded, who
fhall have them during the Life of the Wife, 'till
the Devife to the youngest Son takes Effect, for
they fhall defcend to the Heir in the mean Time.
Moor 123. Tho' Croke, who reports the fame Cafe,
fays, it was adjudged the Wife fhould have the
Whole. Cro. Eliz. 15. Eftates for Life, and Eſtates-
tail, may be raiſed by Implication in Wills; a Tc-
ftator had three Sons, the eldest Son dying, leaving
his Wife with Child, to whom the Father devifed
an Annuity in Ventre fa mere, and if his middle Son
died before he had any Iffue of his Body, Remain-
der over, &c. And it was refolved, that fuch Son
had an Eſtate tail by Implication. Moor 127.
faid, a Fec-fimple Eftate fhall not arife by Impli-
cation in a Will; though there is a perpetual Charge
impofed by the Devifor on the Devifce, &c. Bridgm.
103. Alfo it hath been adjudged, that where a par-
ticular Eftate is devifed by Will exprefly, a contra
ry Intent fhall not be implied by any fubfequent
Claufe. And Impliation is either neceffary, or pof
fible; and where ever an Eftate is raifed by that
Means in a Will, it must be by a neceffary Implica-
tion; for the Devifee muft neceffarily have the
Thing devifed, and no other Perfon whatſoever
can have it. 1 Salk. 236. 2 Nelf. Abr. 494. No Im
plication fhall be allowed against an expreſs Eſtate,
limited by exprefs Words, to drown the fame.
Salk. 266. There are Conditions and Covenants, im-
plied by Law in Deeds and Grants: And Implication
will fometimes help Law Proceedings, and fupply
Defects. See Intendment and Ufe.
It is
Importation, (Importatio) Is where Goods and
Merchandize are brought into this Kingdom from
other Nations. 12 Car. c. 4.
Impolt, (Fr. from the Lat. Impono, i. e. Injungere)
Is a Tribute or Cuftom; but more particularly
that Tax which the King receives for Merchan
dizes imported into any Port or Haven: And it may
be diftinguished from Cuftoms, which are rather
the Profits arifing to the King from Goods exported.
3 Eliz. c. 5.
Implements, (From the Lat. Impleo, to fill up)
Things of neceffary Ufe in any Trade or Myftery, Impoflibility. A Thing which is impoffible in
without which the Work cannot be performed; allo Law, is all one with a Thing impoffible in Nature:
the Furniture of an Houfe, as all Houfhold Goods, And if any Thing in a Bond or Deed be impoſſible to
Implements, &c. And Implements of Houfhold are Ta- be done, fuch Deed, &c. is void. 21. 1. B. R.
bles, Preffes, Cupboards, Bedfteads, Wainfcot, and Yet where the Condition of a Bond becomes im-
the like: In this Senfe, we find this Word often inpoffible by the A&t of God, in fuch Cafe it is held the
Gifts and Conveyances of Moveables. Terms de
Ley 403.
Impzetíabilis, Signifies invaluable, in which
Senfe it is often mentioned in Matt. Parif.
Impzimery, (Fr.) A Print, or Impreffion; and the
Art of Printing, alfo a Printing-houſe are called
Imprimery. Stat. 14 Car. 2. c. 33.
Obligor ought to do all in his Power towards a
Performance: As when a Man is bound to enfeoff
Implication, Is where the Law doth imply fome-the Obligee and his Heirs, and the Obligee dies,
thing that is not declared between Parties in their the Obligor muft enfeoff his Heir. 2 Co. Rep. 74.
Deeds and Agreement: And when our Law giveth Imprest-Money, (From the Prepofition In, and
any Thing to a Man, it giveth Implicitly whatsoever Fr. Preft, paratus) Is Money paid at the Inlifting of
is neceflary for the Enjoying of the fame. The Want Soldiers."
of Words in fome Cafes may be help'd by Implica-
tion; and fo one Word or Thing, or one Eftare gi-
ven, fhall be implied by another: And there is an
Implication in Wills and Devifes of Lands, whereby
Eftates are gained; as if a Husband devifes the
Goods in his Houfe to his Wife, and that after her
Deceafe his Son fhall have them, and his Houfe;
though the Houſe be not deviled to the Wife by
exprefs Words, yet it hath been held that he hath
an Estate for Life in it by Implication, because no
other Perſon could then have it, and the Son and
Heir being excluded, who was to have nothing 'till
after her Deceaſe. 1 Ventr. 223. But where it may
be reasonably intended, that the Devifor meant as
well the one as the other, in fuch Cafe his Inten-
tion fhall never be conftrued in Prejudice to the
Impzílii, Are thofe who fide with, or take the
Part of another, either in his Defence, or other-
wife. Omnes Homines & Imprifii Domini Ludo-
vici, &c. Matt. Weſtm.
Nos erimus Imprifii
Regis, &c. Matr. Parif. 127.
Impzilonment, (Imprifonamentum) Is a Reftraint
of a Man's Liberty under the Cuftody of another;
and extends not only to a Gaol, but a Houfe, Stocks,
or where a Man is held in the Street, &c. for in
all thefe Cafes the Party fo reftrained is faid to be
a Priſoner, fo long as he hath not his Liberty free-
1
ly
IN
IN
In calu Confimili,
mili, &c.
Provilo. See Cafu Confi-
ly to go about his Bufinefs as at other Times.
1 Inft. 253. Imprisonment according to Law, is ac
cording to the Common or Stature Law, or the Incendiaries, Burning of Houfes maliciously, to
Cuftom of England; or by Procefs, and Courfe of extort Sums of Money from thofe, whom the Male-
Law. 2 Inft. 46. 50, 282. And no Perfon is to be factors fhould fpare, was made Treafon the first
imprisoned, but as the Law directs either by Coin-Year of King Hen. 6. 1 Hale's Hift. P. P. 270. The
mand and Order of a Court of Record, or by law-like Offences of firing Houfes, and fending Letters.
ful Warrant, or the King's Writ; by which one demanding Money of Perfons, &c. is Felony, by
may be lawfully detained to answer the Law. Stat. 9 Geo. 1. Vide Waltham Blacks.
P
2 Inft. 46. 3 Inft. 209. At Common Law, a 'Man Incertainty, Is that which oppofeth Certainty,
could not be imprisoned in any Cafe unless he were where a Thing is fo ambiguously fet down, that one
guilty of fome Force and Violence; for which his cannot tell how to understand it: And this is faid
Body was fubject to Imprisonment, as one of the high-to be the Mother of Contention. The Questions of
eft Executions of the Law: But Imprisonment is in Incertainty arile fometimes on Matter of Record; as
Aicted by Statute in many Cafes. 3 Rep. 11. Tho' Writs, Counts, Pleas, Verdicts, &c. and fometimes
fee Magna Chart. 9 H. 3. c. 29. When-ever the on Deeds or Writings, or upon Contracts, &c.
Common Law, or any Statute doth give Power to 5 Rep. 121. Plowd. 25. In Law Proceedings, Incer-
impriſon, there it is lawful and juftifiable; but he tainty will make them void; for all Proceedings ar.
That doth it in Purſuance of a Statute, must be Law are to be certain and affirmative, that the De-
fure exactly to follow the Statute in the Order and fendant may be at a Certainty as to what he should
Manner of doing thereof. Dyer 2c4. 13 E. 11. A anfwer, &c. Plowd. 84. If the Count and Verdict
Justice of Peace may caule Offenders to be imprifo- in an Appeal be incertain, there can be no Judg-
ned; and may himself require any Man to give ment given thereon; and it is the fame on an In
Security of the Peace or Good Behaviour, where di&tment. 3 Mod. 121. Incertainty in Deeds renders
he hath Caufe, and if he refufe may imprifon him. them void; but fometimes a Term for Years grant-
Bro. Tref. 177. If a Warrant of Commitment be ed by Leafe, may be made certain by Reference to
for Imprisoning a Man until farther Order, &c. it a Certainty; and Incertainty may be reduced to Cers
has been held ill; for it fhould be till the Party is tainty, by Matter ex poft facto, Implication, &c.
delivered by duo Courfe of Law. 1 Roll. Rep. 337. Plowd. 6, 273. 6 Rep. 20. If there are two Men of
It is the fame when a Perfon is imprisoned on a War-one Name, and a Devife of Lands, &c. is to one
rant, without fhewing any Caufe for which he is
committed: And where a Perfon was committed
to Prifon by Warrant from a Secretary of State,
without affigning any Caufe, &c. it was adjudged,
that he ought to be difcharged for that Reafon;
but then another Warrant was returned of the fame
Secretary, in which the firft Warrant was recited, Inchanter, (Incantator) Is he that by Charms con-
and that upon farther Examination, he command-jures the Devil; Qui Carminibus vel Cantiunculis Dœ-
ed the Gaoler to detain him fafely, for Sufpicion of monem adjurat: And they were anciently called
High Treafon; and it was faid this was no Caufe to Carmina, by Reafon in thofe Days their Charms were
detain him, becauſe this fecond Warrant referr'd in Verfe. 3 Inft. 44.
to the First, which was no Warrant at all; befides, Inchantress, (Incantatrix) A Woman that ufes
there was no fpecial Caufe of Sufpicion alledged, Charms and Incantations. See Conjuration.
nor for what Species of Treafon. Palm. 558. 1 Roll. Anchartare, Signifies to give or grant any Thing
Rep. 219. In all Actions Quare Vi & Armis, if by an Instrument in Writing: Conceffit ipfi Comiti
Judgment be given against the Defendant, he fhall Terram ipfam & inchartavit, ut Poffeffio fua, &c.
be fined and imprisoned, becauſe to every Fine Impri-Mact. Parif. Anno 1252.
fonment is incident; and therefore where the Defen- Inch of Candle, Is the Manner of feiling Goods
dant is fined for a Contempt to any Court of Re- by Merchants; which is done thus: First, Norice
cord, he may be imprisoned till the Fine is paid. is to be given upon the Exchange, or other publick
8 Rep. 60. In what Cafes Perfons imprisoned may be
delivered on Bail; or by the Habeas Corpus Writ,
&c. See Bail and Habeas Corpus.
of that Name, without any Diſtinction, it will be
void for Incertainty; tho' perhaps an Averment may
make it good. 2 Bulft. 180. Incertainty in Declara-
tions of Ufes of Fines of Lands, &c. is rejected in
Law; for otherwife there would be no certain In-
heritances. 9. Rep.
Place, of the Time of Sale; and in the mean Time,
the Goods to be fold are divided into Lots, printed
Papers of which, and the Conditions of Sale, are
Be-alfo forthwith published; and when the Goods are
expofed to Sale, a fmall Picce of Wax Candle,
about an Inch long, is burning, and the laft Bidder
when the Candle goes out, is entitled to the Lot or
Parcel fo expofed. If any Difference happens in
adjusting to whom a Lot belongs, where feveral bid
together, the Lot is to be put up again; and the
laft Bidder is bound to ftand to the Bargain, and
take the Lat, whether good or bad. In theſe Cafes,
the Goods are fer up at fuch a Price; and none
fhall bid lefs than a certain Sum, more than an-
other hath before, &c. Mer h. Dict.
Fipropriation, Is properly fo called when a
nefice Ecclefiaftical is in the Hands of a Layman;
and Appropriation, when in the Hands of a Bishop,
College or Religious Houfe, though fometimes they
are confounded. There are computed to be in Eng
land 3845 Impropriations, and on the Diffolution of
Monafteries they were granted to Lay Perfons by the
King's Patents, &c. 31 H. 8. Vide Appropriation.
Impuíamentum, The Improvement of Lands.
Cartular. Abhat. Glafton. MS. pag. 50.
4
In auter Droit, In another's Right; as where
Executors or Adminiſtrators fue for a Debt or Duty,
c. of the Teftator or Inteftate.
Incident, (Incidens) Is a Thing neceffarily de-
Inborho and Dutbozho, (Sax.) The Barony belong-pending upon, appertaining to, or following an-
ing to Patrick, Earl of Dunbar, ſays Camden, was In
borow and Ontborow, between England and Scotland;
that is (as he believes) he was to allow and obferve
the Ingress and Regress of thofe Perfons that travelled
between the two Kingdoms; for Englishmen, in an-
cient Time, called an Entry, or Fore-court of a
Houſe, Inborow. Camb. Britan.
other that is more worthy or principal. A Court-
Baron is infeparably incident to a Manor; and a
Court of Piepowders to a Fair: Theſe are fo inhe-
rent to their Principals, that by the Grant of one
the other is granted; and they cannot be extin&t by
Releafe, or faved by Exception, but in fpecial
Cafes. Kitch. 36 1 Inst. 151. Rent is incident to a
Incaftellare, To reduce a Thing to ferve instead Reverfion; Timber-Trees are incident to the Free-
of Castle; and it is often applied to Churches. hold, and alfo Deeds and Charters, and a Way
Qui poft mortem Patris Ecclefiam Incaftellatam re-to Lands; Fealty is incident to Tenures; Diftrefs to
tinebat. Gervaſ. Dorob. Anno 1144.
Rent and Amercement, &c. 1 Inft. 151. Tenant
a
for
C
}
*
IN
IN
for Life or Years, hath incident to his Eſtate, Efto-
vers of Wood. 1 Inft 41. And there are certain
Incidents to Eftates rail, as to be difpunishable of
Waste, to fuffer a Recovery 1 Inst. 224. 10
Rep. 38, 39. Incidents are needful to the Bene effe of
that to which they are incident, and the Law is ten-
der of them. Hob. 39, 40
Juclaufa, A Home Clofe, or Inclosure near the
Houl Paro b. Antig. pag. 31
Edit. 1. pag. 73. And it has been held, that the
Action upon an Indebitatus Affumpfit lies in no Cafe,
but where Debt will lie for the fame Thing. Salk.
23. See Affimifit.
Indecimable, (Indecimabilis) That is not Tithable,
or by Law ought not to pay Tithe.
2 Inft. 490.
Indefeifible, Is what cannot be defeated or made
void; as a good and Indefeifible Eftate, &c.
Indefenfus, A Word fignifying one that is im-
pleaded, and refufeth to make Anſwer: Et præ-
dictus J. nihil feif it dicere contra fectam dict. Richardi,
nec voluit ponere fe in Inquifitionem aliquam; Confidera-
tum eft quod tanquam Indefenfus fit in mifericordia, &c.
Mich 50 H. 3. Rot. 4. .
Arciofures. The throwing down Inclosures, is an
Offerice, puniſhable by our ancient Laws and Sta-
13 Ed. 1. c. 46. But if a Lord of a Manor
thofe Part of the Wafte or Common, and doth not
leave fufficient Rom for the Commoners; they
may break down fuch Incloſure, or have Writ of Indemnity. On the Appropriation of a Church to
Affife. 3 4 Ed. 6. Large Wattes or Commons in any College, &c. when the Archdeacon lofes for
the Weft-Riding of the County of York, with the ever his Induction Money, the Recompence he re-
Confent of the Lords of Manors, c. may be in-ceives yearly out of the Church fo appropriate, as
clofed, a fixth Part whereof shall be for the Benefit 12 d. or 2 s. more or lefs, as a Penfion agreed at
of poor Clergymen, whofe Livings are under 401 the Time of the Appropriating, is called Indemnity.
a Year, to be fettled in Trustees, who may grant MS. in Bibl. Corton. p. 84. There is an Indemnity
Leafes for twenty-one Years, &c. Stat. 12 Ann. from Penalties; of Perfons who have neglected to
read the Morning and Evening Prayers, according
cap. 4.
to the Book of Common Prayer, and to fubfcribe
the Declaration, &c. See Stat, 9 Geo. 2. c. 6.
Incompatible, Incompatibilitas Benefiiorum, Is
when Benefices cannot stand one with another, if
they be with Cure and of fuch a Value in the King's
Books. Whitlock's Read. p. 4.
Incontinency, (Incontinentia) Where Perfons are
vitions, and have no Command of themfelves, is a
Crime that may be committed in feveral Cafes,
and there are divers Degrees thercof: As in Cafe
of Bigamy, or having more Wives than one; Rapes
of Women; Sodomy, or Buggery; getting Bastards,
&c. all which are punished by Statute. See 25 H.
8. c. 6. 18 El.z. c. 7. 1 Fac. 1. Incontinency of Priests,
is punishable by the Ordinary, by Imprifonment,
Spc. 1 H. 7. c. 4.
..
Jucopolitus, Is made Ufe of for a Proctor, or
Vicar. Leg. Hen. 1.
Incrementum, Increaſe or Improvement; to
which was oppofed Decrementum or Abatement.
Reddendo antiquam firmam & de Incremento xis.
Paroch. Antiq. 164. And we read Dedi A. B. quod
dam Incrementum terra mea apud, &c. where it is
meant a Parcel of Ground inclofed out of a Com-
mon, or improved.
Indenture, (Indentura) Is a Writing containing
fome Contract, Agreement or Conveyance between
two or more Perfons, being indented in the Top an-
fwerable to another Part, which hath the fame
Contents. Co. Litt. 229. If a Decd or Writing be-
gins, This Indenture, &c. and is not indented, it is
no Indenture; but it may work as a Decd Poll: But
if the Deed is actually indented, and there are no
Words importing an Indenture, it is nevertheleſs an
Indenture in Law. Wood's Inft. 225. Cro. Eliz. 472.
Deed of Bargain and Sale of Freehold Lands, &c.
must be by Indenture, inrolled, &c. Stat. 27 H. 8. cap.
16. Words in Indentures, though of one Party only,
are binding to both Parties. Cro. Eliz. 202, 657.
A
Indicabit, Is a Writ or Prohibition that lies for
a Patron of a Chur. b, whofe Clerk is fued in the Spi-
ritual Court by another Clerk for Tithes, which do
amount to a fourth Part of the Profits of the Ad-
vowfon; then the Suit belongs to the King's Courts,
by the Stat. Weftm. 2. c. 5. And the Patron of the
Defendant, being like to be prejudiced in his
Incroachment, (Fr. Acrochment, i. e. a Grafping Church and Advowfon, if the Plaintiff recovers in
of a Thing) Signifies an unlawful Gaining upon the Spiritual Court, bath this Means to remove it
the Right or Poffeffion of another Man. As where to the King's Court. Reg. Orig. 35. Old Nat. Br. 31.
a Man fets his Hedge or Wall too far into the This Writ may be alfo purchafed by the Parfon
Ground of his Neighbour, that lies next to him, fued; and is directed as well unto the Judge of the
he is ſaid to make Incroachment upon him: And a Court, as unto the Party Plaintiff, that they do not
Rent is faid to be incroached, when the Lord by proceed, &c. But it is not to be had before the
Diflrefs or otherwife compels his Tenant to pay Defendant is libelled against in the Spiritual Court,
more than he owes; and ſo of Services, c. y Rep. the Copy of which ought to be produced in the
33. And fometimes this Word is applied to Power; Chancery, before the Indicavit is granted: And this
for the Spencers, Father and Son, it is faid, incroached Writ must be brought before Judgment given in the
unto them Royal Power and Authority, Anno 1 Ed. 3. Spiritual Court; for after Judgment there, the Indi-
The Writ In-
And the Admirals and their Deputies did incroach to | cavit is void. New Nat. Br. 66, 101.
them elves divers Jurifdi&tions, &c. 15 R. 2. c. 3. dicavit doth not lie of a lefs Part of the Tithes, &c.
Incumbent, (From the Lat. Incumbo, to mind di-than a fourth Part of the Church; if they are not
ligently) Is a Clerk who is refident on his Benefice
with Cure; and is fo called, becauſe he does or
ought to bend all his Study to the Difcharge of the
Cure of the Church to which he belongs. Co. Litt.
119. Where an Incumbent is put out without due
Procefs, he fhall be at large to fue for his Remedy
at what Time he pleafeth, &c. Stat. 4 H. 4. cap. 22.
See Church.
|
fo much, this being furmiſed by the other Party, a
Corfultation fhall be had. Ibid. The Patron of the
Clerk who is prohibited by the Indicavit, may have
his Writ of Right of the Advowson of Difmes, &c.
ndition, (Indielio, ab indicendo) Was the Space
of fifteen Years, by which Computation Charters
and publick Writings were dated at Rome; and
likewife anciently in England, which we find not
Incurramentum, The Incurring or being fubje&t to only in the Charters of King Edgar, but of King
a Penalty, Fine or Amercement: So Incurri alicui is Hen. 3. And by this Account of Time, which be-
to be liable to another's legal Centure or Punishgan at the Difmiffion of the Nicene Council, every
ment. Statutum eft quod ejufmodi Tenentes capitali.
bus Dominis vel Regi incurrantur. Weftm. 2. cap. 37.
Indebitatus Baumpfit, Is uſed in Declarations
and Law Proceedings, where one is indebted unto
another in any certain Sum; and the Law creates
it: It is alfo an A&tion thereupon. Practif. Atorn.
Year ftill increafed one till it came to Fifteen; and
then returned again, making the First, fecond Indic-
tion, &c. Dat. apud Chippenham, 18 Die Aprilis, In-
di&tione nona, Anno Dom. 1266.
Indictment, (Indictamentum, from the Fr. Endi
ter, i. e. deferre nomen alicujus) Is a Bill or Declara-
tion
2
IN
IN
1
•
tion of Complaint drawn up in Form of Law, ex | but what is given them by Act of Parliament: And
hibited for fome Offence criminal or penal, and it is faid Justices of Peace in Seffions, cannot on an
preferred to a Grand Jury; upon whofe Oath it is Indictment try and determine the Offence in one and
found to be true, before a Judge or others, having the fame Seffions in which the Offenders are indicted.
Power to puniſh or certify the Offence. Terms de Hill. 11 Car. Cro. Car. 430, 448. And Indictments be-
Ley 293. Lambard fays, an Indictment is an Accu- fore Juftices of Peace, &c. may be removed into
fation, at the Suit of the King, by the Oaths of the Court of B. R. by Certiorari: But an Indictment
Twelve Men of the fame County wherein the Of- removed by Certiorari into B. R. may be fent back
fence was committed, returned to enquire of all again into the County or Place whence removed,
Offences in general in the County, determinable by if there be Caufe to do it. Mich. 22 Car. Before
the Court, into which they are returned, and their the Stat. 3 H. 7. c. 1. it was the common Practice
Finding a Bill brought before them to be true: not to try any Man upon an Indi&ment of Murder,
But when fuch Accufation is found by a Grand Ju- before the Year and Day were paffed, to bring an
ry, without any Bill brought before them, and af- Appeal, left that Suit fhould be prevented: And
terwards reduced to a formed Indictment, it is called Appeals are to be generally preferred to Indi&ments.
a Prefentment; and when it is found by Jurors re- 3 H. 7.
2 Hawk. 214.
turned to enquire of that particular Offence only Suit of the Party; fo an Indictment is always at the
As an Appeal is ever the.
which is indicted, it is properly called an Inquifi- Suit of the King. 1 Inft. 126. And till the Statute
tion. Lamb. lib. 4. cap. 5. And by Pulton, an Indict- 1 Ed. 6. if a Man had been indicted and convicted
ment is an Inquifition taken and made by twelve of Felony, &c. and the King had died before Judg-
Men, at the leaft, thereunto fworn, whereby they ment, no Judgment could be given, becauſe it was
do find and prefent, that fuch a Perfon, of fuch a at the Suit of the King; and the Authority of the
Place, in fuch County, and of fuch a Degree, hath Judges who fhould give the Judgment was deter-
committed fuch a Treafon, Felony, Trefpafs, or o- mined by his Death: But by that Statute Judgment
ther Offence, against the Peace of the King, his may be given in the Time of another King. 7 Rep.
Crown and Dignity. Pult. 169. An Indictment, by 29. An Indictment is the King's Suit; for that the
Lord Chief Juftice Hale, is nothing elfe but a plain, Party who profecutes it, is a good Witnefs to prove
brief, and cerrain Narrative of an Offence commit it: And no Damages can be given to the Party
red by any Perfon, and of thoſe neceffary Circum- grieved upon an Indictment or other criminal Profe-
ftances, that concur to afcertain the Fact and its cution, unless particularly grounded on fome Sta-
Nature: And there is great Strictness required in tute; but the Court of B. R. by the King's Privy
Indictments, where Life is in Question; and there- Seal may give to the Profecutor a third Part of the
fore very nice Exceptions thereto, are of later Fine affeffed for any Offence; and the Fine to the
Times allowed. 2 Hale's Hift. P. C. 168, 169. A Bill King may be mitigated, in Regard to the Defen-
of Indictment is faid to be an Accufation for this Rea- dant's making Satisfaction to a Profecutor for Cofts
fon; becauſe the Jury that enquireth of the Offence, of the Profecution, and Damages fuftained by the
doth not receive it, until the Party that offereth Injury received. 2 Hawk. 210.
No Man may be
the Bill appearing fubfcribes his Name, and offers put upon his Trial for a capital Offence, except on
his Oath for the Truth of it: But it differs from an Appeal or Indictment, or fomething equivalent
an Accufation in this, that the Preferrer of the Bill thereto. H. P. C. 210. And all Indictments ought to
is not tied to the Proof of it, upon any Penalty, be brought for Offences committed against the Com-
except there appear Confpiracy. Staundf. P. C. lib. 2. mon Law, or against fome Statute; and not for
cap. 23. Although a Bill of Indictment may be pre-every flight Mifdemeanor. Trin. 23 B. R. 2 Lill. 44.
ferred to a Grand Jury upon Oath, they are not Where a Statute appoints a Penalty to be recover-
bound to find the Bill, if they find Caufe to the ed by Bill, Plaint, or Information, it cannot be by
contrary; and tho' a Bill of Indictment be brought Indictment, but as directed to be recovered: An In-
unto them without Oath made, they may find the dictment will not lie where another Remedy is pro-
Bill if they fee Caufe: But it is not ufual to prefer vided by Statute. Cro. Fac. 643. 3-Salk. 187. * In-
a Bill unto them before Oath be firft made in Court, dictments are for the Benefit of the Common-wealth,
that the Evidence they are to give unto the Grand and the publick Good; and to be preferred for Cri-
Inquest to prove the Bill is true. Pafch. 23 Car. B. R.minal, not Civil Matters: They may be of High
2 Lill. Abr. 44. The Grand Jury are to find the Treafon, Petit Treafon, Felony, Trefpafs, and in
Whole in a Bill, or reject it, and not find ſpecially all Sorts of Pleas of the Crown; but not of Inju-
for Part, Sc. 2 Hawk. P. C. 210. According to the ries of a private Nature, which do not concern the
Common Law, every Indictment must be found by King, and the publick. 1 Inft. 126, 303. 4 Rep. 44
Twelve Men at the leaft, every one of whom ought An Indi&ment lies against one for affaulting and ftop-
to be of the fame County, and returned by the ping another on the Highway, being a Breach of
Sheriff, or other proper Officer, without the Nomi- the Peace. Hill 22 Car. It lies for cheating a Per-
nation of any other, and to be Freemen, not under fon at Play, with falfe Dice, or any other Cheat-
any Attainder of Felony, nor Outlaws, &c. And any ing: But it is not indictable for one Man to make
one under Profecution for a Crime, before he is in-a Fool of another, in the Cafe of Cheats getting
dicted, may except againft or challenge any of the
Perfons returned on the Grand Jury; as being out-
lawed, returned at the Inftance of the Profecutor,
or not returned by the proper Officer, &c. 2 Hawk.
215. By Statute, no Indictment fhall be made but
by Inqueft of lawful Men returned by Sheriffs, &c.
11 H. 4. cap. 2. And if a Perfon not returned by
the Sheriff on a Grand Jury, procures his Name to
be read among thofe of others who were actually
returned, whereupon he is fworn of the Jury; he
may be indicted for it and fined, and the Indictment
found by fuch a Jury fhall be void. Stat. 11 Hen. 4.
cap. 9. 12 Rep. 98. 3 Inft. 33. Sheriffs had former
ly Power to take Indictments; which they did by
Roll indented, one Part whercof remained with the
Ind. Etors. 13 Ed. 1, and 1 Ed. 3. Juftices of Peace
have no Power relating to Indictments for Crimes,
Money, &c. tho' Action may be brought. 2 Lill 44.
1 Salk. 479. Indictment will not lie for a private
Nufance, wherein Action on the Cafe only lies;
and where a Perfon is indicted for Trefpafs, which
is not indictable at Law, but for which Action
fhould be had; or if a Man be indicted for fcanda-
lous Words, as Calling another Rogue, &c. fuch
Indictments are not good; for private Injuries are to
be redreffed by private Actions. 2 Lill. Abr. 42 But
where a Perfon is beaten, he may proceed for this
Trefpafs by Indictment, or Information, as well as
Action; but not both Ways. Pafb. 24 Car. B. R.
And where in an Action on the Cafe, a Defendant
juftifies for Words, as calling the Plaintiff Thief,
if on the Trial it be found for the Defendant,
Indictment may be brought forthwith to try the
Plaintiff for the Felony. Mich. 22 Car. B R. 2 Lill.
5 I
44.
IN
IN
c. at
44 By Holt Chief Juftice: If a Civil Action of
Trover be brought for Goods taken, after Recovery
the Party may be indicted for Trefpafs or Felony,
for the fame Taking: But if the firft Profecution
had been Criminal, as an Indiment for Trefpafs, &c.may be indicted for Felony against an unknown Per-
and the Crime appears to be Felony; there you can-
not have Verdict or Judgment on the Indictment for
Trefpafs till the Felony is tried, it being the infe-
rior Offence. Mod. Caf.-77. And 'tis faid that Tro-
ver lies not for Goods ftolen, until the Offender is
convicted, &c. on Indictment of Felony. 1 Hale's
Hift. P. C. 546. A Parfon may be indicted for
Preaching against the Government of the Church,
the Civil and Ecclefiaftical Government being fo
incorporated together, that one cannot fubfift with
out the other; and both centre in the King; where-
fore to speak against the Church, is within the Sta-
tute 13 Car. 2. Sid. 69. 2 Nelf. Abr. 959. And a
Parfon was indicted for pronouncing Abfolution to
Perfons condemned for Trcafon, at the Place of
Execution, without fhewing any Repentance. 5
Mod. 363. Alfo a Perfon hath been indicted, and
fined, &c. for Drinking Healths to the Memory of
Traitors. 3 Mod. Rep. 52. Indictments ought to be
more certain than common Pleadings in Law, be-
cauſe they are more penal, and to be more pre-
cifely answered unto. Hill. 23 Car. B. R. They
must be precife and certain in every Point, and
charge fome Offence in particular, and not a Per-
fon as an Offender in general, or fet down Goods, |
c. ftolen, without expreffing what Goods; and it
ought to be laid pofitively, not by Way of Recital,
c. or be fupplied by Implication. Cro. Fac. 19
2 Hawk. P. C. 225, 226. Indictments must fet forth
the Chriftian Name, Surname, and Addition of the
Place of Refidence of the Offender; the Certainty
of the Time when the Offence was done, as the
Day, Year, &c. and the Town or Place where; the
Nature of the Offence, whether Treafon, Felony,
c and the Value of the Thing by which it is com-
mitted, &c. And in Indictment of Murder, the
Length and Depth of the Wound is to be expreffed:
The Value of Things ftolen is to be specified, that
it may appear whether Grand or Petit Larceny;
and of the Thing that does the Felony, which is
forfeited to the King; and the Dimenfions of a
Wound must be expreffed, that it may be judged
whether mortal. 1 Hen. 5. cap. 5. 2 Inft. 318. H.
P. C. 264. Weft's Symb. Sect. 70. In Treafon, ac-
cording to our old Books, the Indictment mult fay
Pro:itorie, and conclude contra Ligeantia fue debitum;
in Murder, it is to ſay Murdravit; and if the Killing
was by Shooting, or with the Hand, &c. it must fay
Percuffit; in Burglary, Burglariter, or Burgalariter;
in Rape, Rapuit; in Felony, Felonice; in Larceny,
Felonice cepit; Maihem, Mayhemavit, &c. And in all
thefe Cafes, and in Trefpaffes, the Indictment ought
to be Vi & Armis, and conclude contra pacem, which
are Words to fhew an Offence generally; and if the
Offence is created by Statute, it must conclude con-
tra formam Statuti, &c. 4 Rep. 39, 48. 5 Rep. 121.
H. P. C. 206. Thefe Words the Law hath appropri-
ated for the Deſcription of Offences, and none other
will fupply them: But the Omiffion of Vi & Armis
E contra pacem, is helped by Statute 4 & 5 Ann.
Falfe Latin, in the former Courfe of Proceedings,
did not hurt an Indictment, if by any Intendment it
could be made good; but if any Word was not La-
tin, or allowed by Law as a Word of Art; or if it
had been infenfible in a Point material, the Indict-
ment was infufficient. 5 Rep. 121. 2 Cro. 108. 3
Cro. 465. An Indictment ſhould not be fet afide for a
falfe Concord between the Subftantive and Adjective,
c. the Expreffions being fignificant to make the
Senfe appear. 5 Co. Rep. 121. But an Indictment a-
gainſt Two or more, laying the Fact in the fingular
Number, as if againſt one, hath been held infuffi
cient for the Incertainty. 2 Hawk. 238. A Mifno-
A Mifno-
mer of the Defendant's Surname, will not abate the
Indictment, as it will in Cafe of the Name of Baptifm.;
and if there be a Miftake in Spelling, if it founds
like the true Name, it is good. 1 Hen. 5. A Perfon
fon; and when the Name of one killed is unknown,
or Goods are ftolen from a Perfon that cannot be
known, it is fufficient to fay in the Indictment that
one unknown was killed by the Perfon indicted, or
that he ftole the Goods of one unknown. Wood's
Inft. 624. But though an Indictment may be good for
ftealing the Goods cujufdam ignoti, of a Perfon un-
known, yet a Property muft be proved in fome Bo-
dy at the Trial; otherwife it fhall be prefumed to
be in the Prifoner by his pleading Not guilty. Mod.
Caf. in L. & E. 249. Where a Perfon injured is
known, his Name ought to be put into the Indict-
ment. 2 Hawk. 232. If an Indictment be generally
of Offences at feveral Times, without laying any
one of them on a certain Day; as if it be laid be
tween fuch a Day and fuch a Day, it hath been ad-
judged that the Indictment is void: But a Miftake in
not laying an Offence on the very fame Day, on
which it is afterwards proved upon the Trial, is not
material upon Evidence. 2 Hawk. 236. And it is
faid, the Crown is not bound to fet forth the very
Day, when Treafon, &c. was committed: Evidence
may be given of a treaſonable Confpiracy,
any Time before or after the Time alledged in the
Indictment; where it is laid on fuch a Day and di-
vers other Days as well before as after, becaufe the
Time is only a Circumftance, and of Form fome
Day muft be alledged; but it is not material. 1 Salk.
288. If no Town or Place be named where the
Fact was done, the Indictment fhall be void; though
a Miftake of the Place in laying the Offence, is of
no Signification on the Evidence, if the Fact is
proved at fome other Place in the fame County.
H. P. C. 264. 1 Hen. 5. cap. 5. Indictments for Facts
committed ought to be laid in the County where
done; and the Town or Pariſh in which committed
to be fet forth, c. And if upon Not guilty plead-
ed to an Indictment, it fhall appear that the Offence
was done in a County different from that in which
the Indictment was found, the Defendant fhall be ac-
quitted. H. P. C. 203. Kel. 15. At Common Law,
if a Man had died in one County of a Wound re-
ceived in another, he could not regularly be in-
dicted in either County, the Offence not being com-
pleat in either; and no Jury conld enquire of what
happened out of the Limits of their own County :
But by the Statute 3 Ed. 6. cap. 24. the Offence is to
be indicted and tried by Jurors of the County where
the Death happens. 2 Hawk. 220. It has been held,
if a Perfon fteals Goods in one County, and carries
them into another, he may be indicted in the other
County: And if a Perfon fteals my Goods from an-
other, who had ftolen them before, he may be in-
dicted as having ftolen them from me, becauſe in
Judgment of Law, the Poffeffion as well as Proper-
ty always continued in me. 1 Hawk. 90. If there
be an Acceffary in one County, to a Felony com-
mitted in another, the Acceffary may be indicted
and tried in the fame County wherein he was Ac-
ceffary. Stat. 23 Ed. 6. Husband and Wife may
commit a Trefpafs, Felony, &c. and be indicted to-
gether; fo for keeping a Bawdy-houſe, though the
Houfe be the Husband's. Hob. 95. 1 Salk. 382. If
an Offence wholly arifes from any joint Act that is
criminal of feveral Defendants, they may be all
charged in one Indictment jointly and feverally, or
jointly only; and fome of the Defendants may be
convicted, and others acquitted; for the Law looks
on the Charge as feveral against each, though the
Words of it purport a joint Charge againſt all: In
other Cafes, the Offences of feveral Perfons muft
be laid feveral, becauſe the Offence of one cannot
be the Offence of another; and every Man ought
|
3
to
IN
1
IN
4
1
to anſwer ſeverally for his own Crime. 2 Hawk. | Part of an Indictment is repugnant to or inconfiftent
240. A Perſon cannot be indicted barely of Sufpi- with another, the Whole is void; but where the
cion of Felony; but of the Crime itfelf: And three Senfe is plain, the Court will difpence with a ſmall
Offences may be joined in an Indictment, and the Impropriety in the Expreffion. Ibid. 228, 229. And
Party convicted of one Offence, though he is found many Objections to Indictments, are over-ruled. 5 Rep.
Not guilty of the others. 1 Hale's Hift. P. C. 561, 120. Where an Indictment is void for Infufficiency;
610. On penal Statutes, feveral Things fhall not or if the Trial is in a wrong County, another In-
be joined in the Indictment, &c. except it be in Re-dictment may be drawn for the fame Offence, where-
ſpect of fome one Thing, to which all of them have by the Infufficiency may be cured; and the Indict-
Relation. 2 Hawk. 241. When an Indictment is ment may be laid in another County, 'tis faid, tho'
drawn upon a Statute, it ought to pursue the Words Judgment be given. 4 Rep. 40. H. P. C. 244. By
of it, if a private Act; but it is otherwife on a ge- the Common Law, the Court may quash any Indic!-
neral Statute: It is best not to recite a publick Sta- ment for Infufficiency, as will make the Judgment
tute; the Recital is not neceffary, for the Judges thereon erroneous: But the Court may refuſe to
are bound ex Officio to take Notice of all publick Sta- quafh an Indictment preferred for the publick Good,
tutes, and Mif recitals are fatal; fo that it is the though it be not a good Indictment, and put the Par-
furest Way only to conclude generally Contra formam ty to traverſe or plead to it. Mich. 22 Car. B. R.
Statuti, &c. 4 Rep. 48. Though there be no Ne- Alfo the Court will grant Time for the King's
ceffity to recite a publick Statute in an Indictment, Counſel to maintain an Indictment, if they defire it.
yet if the Profecutor take upon him to do it, and Judges are not bound ex debito Fuftitie to quash an
materially vary from the fubftantial Part of the Indictment; but may oblige the Defendant either to
Purview of the Statute, and conclude Contra formam plead or demur to it; and where Indictments are not
Statut. prædi&t. he vitiates the Indictment. Plowd. 79, good, the Parties indicted may avoid them by
83. Cro. Eliz. 236. But many Mif-recitals may be Pleading. 2 Lill. 42. 2 Hawk. 258. The Court doth
falved by a general Conclufion Contra formam Statu- not ufually quash Indictments for Forgery, Perjury,
ti, without adding pradict', &c. And Miftakes mayor Nufances, notwithstanding the Indiments are
be helped by the conftant Courſe of Precedents up-faulty; and it is againſt the Courſe of the Court to
on fuch Statutes. 2 Hawk. 247. An Indictment is to quash an Indictment for Extortion. 2 Lill. 41. 5 Mod.
bring the Fact making an Offence, within all the 31. If an Indictment be good in Part, though the
material Words of the Statute, or the Words, Contra other Part of it is naught, the Court will not quafh
formam Statuti, will not make it good. Ibid. 249. If it; for if an Offence fufficient to maintain the In-
a Word of Subftance be omitted in the Indictment, dictment be well laid, 'tis good enough, although o
the whole Indictment is naught; but it is otherwife ther Facts are ill laid. Latch 173. Poph. 208. 1 Salk.
where a Word of Form is omitted, or there is an 384. One that is convicted upon an erroneous In-
Omiffion of a ſynonymous Word, where the Senfe dictment, cannot after the Conviction move to have
is the fame, &c. Ibid. 246. Judgment fhall not be the Indictment quafhed; but muft bring his Writ of
given by Statute, upon an Indictment which doth not Error to reverſe the Judgment given againſt him
conclude contra formam Statuti: And Judgment by upon the Indictment. Mich. 22 Car B. R. An In-
Statute fhall never be given on an Indictment at dictment is quafhed for the Infufficiency in it; or
Common Law, as every Indictment which doth not becauſe no good Judgment can be given upon it:
thus conclude fhall be taken to be. 2 Hawk. 251. But if Judgment be given upon an erroneous Indict-
But where Perfons are indicted on the Statute of ment, it is good against the Party till reverſed by
Stabbing, and the Evidence is not fufficient to bring Writ of Error. 2 Lill. 43. If the Party indicted is
them within the Statute; they may be found Guilty outlawed upon the Indictment, the Court will not
of general Manflaughter at Common Law, and the quafh the Indictment, though erroneous; but will
Words contra formam Statut. be rejected as ufelefs: force the Party outlawed to bring his Writ of Er-
In fome other Cafes the fame has been also adjudg-ror to reverfe the Outlawry. Mich. 24 Car, B. R.
ed; though formerly it was held, that an Indi- The Stat. 7 W. 3. cap. 3. ordains, That no Indictment
ment grounded on a Statute, which would not main for Treafon, &c. or any Procefs thereon, fhall be
tain it, could not in any Cafe be maintained as an quafhed, on Motion of the Prifoner, or his Counſel,
Indictment at Common Law. Ibid. Indictments may for Mif-writing, falfe Latin, &c. unless Exception
be amended the fame Term wherein brought into be made before Evidence given in Court; nor fhall
Court, and not after: But criminal Profecutions any fuch Defect, c. after Conviction, be Caufe to
are not within the Benefit of the Statutes of Amend arreft Judgment; though any Judgment given upon
ments; ſo that no Amendment can be made to an fuch Indictment may be reverfed on a Writ of Er-
Indictment, &c. but fuch only as is allowed by the ror, &c. By the Statute of Hen. 5. Indictments ſhall
Common Law. 2 Lill. 45. 2 Hawk. 244. The Body abate for Omiffions, by the Exception of the Party;
of a Bill of Indictment removed into B. R. may not and if no Advantage be taken by Exception, but
be amended, except from London where a Tenor on- he appears and pleads, he lofes the Benefit of the
ly of the Record is removed; though the Caption of Law. 2 Inft. 670. A Perfon indicted of Felony, &c.
an Indictment from any Place may, on Motion, be may plead generally Mifnomer, or wrongful Ad-
amended by the Clerk of the Affifes, &c. fo as to dition; a former Acquittal or Conviction; a Par-
make it agree with the original Record. Ibid. And don, or other fpecial Plea; or the General Iffue;
Captions of Indi&ments ought to fet forth the Court or may plead any Plea in Abatement of the Indict-
in which, and the Jurors by whom, and alfo the ment, &c. 2 Hawk. 259. One indi&ed for Felony
Time and Place, at which the Indictment was found; may have Counfel affigned him to ſpeak for him in
and that the Jurors were of the County, City, &c. Matter of Law only. 2 Lill. 44. And all Perfons
Alfo they must fhew that the Indictment was taken indicted for High Treafon, fhall have a Copy of
before fuch a Court as had Jurifdi&ion over the the Indictment before Trial, to advise with Counsel,
Offence indicted. 2 Hawk. 253. While the Jury. And fuch Indictments are to be found in three
who found a Bill of Indictment is before the Court, Years after the Offence committed, except it be a-
may
be amended by their Confent in Matter of gainft the King's Perlon. 7 W. 3. Perfons indicted
Form, the Name, or Addition of the Party, &c. of Treafon must be by the Oaths of two Witneffes ;
Kel. 37. Clerks of the Affife and of the Peace, c. but in other Cafes one Witnefs is enough. After a
drawing defe&ive Bills of Indictment, fhall draw new Perfon is indicted for Felony, the Sheriff is com-
Bills without Fee, and take but 2 s. for drawing any manded to attach his Body by a Capias; and on Re
Indictment against a Felon, c. on Pain of forfeiting turn of a Non eft Inventus, a fecond Capias fhall be
51. Stat. 10 & 11 W. 3. cap. 23. If one material granted, and the Sheriff is to feife the Offender's
it
▼
Chattels,
2
!
IN
IN
1
1
:
the Subftance of the Plea, &c. Cro. Fac. 138.
Moor 847. 2 Nelf. Abr. 986.
Chattels, And if on that Writ a Non eft Inter-to
tus is returned, an Exigent fhall be awarded, and the
Chattels be forfeited, e. Stat. 25 Ed. 3. If an in- Induction, (Inductio, i. e. a Leading into) Is the
nocent Perfon be indicted of Felony, and will not Giving a Parfon Poffeffion of his Church: And af
fuffer himſelf to be arrefted by the Officer who has ter the Bishop hath granted Inftitution, he iffues
a Warrant för it, he may be killed by the Officer, out his Mandate to the Archdeacon to induct the
if he cannot be otherwiſe taken; for there is a Clerk, who thereupon either does it perfonally, or
Charge against him upon Record, to which at his ufually commiffions fome neighbouring Clergyman
Peril he is bound to anfwer. Fitz. Coron. 179, 261. A for that Purpofe; which is compared to Livery
Perfon may be indicted twice at the fame Time, where and Seifin, as it is a Putting the Minifter in actual
he hath committed two Felonies; and if he hath Poffeffion of the Church, and of the Glebe Lands,
his Clergy for one, he may be hanged for the other. which are the Temporalities of it. This Induction
Kel. 30: And if there is an Indictment and Inquifi- is done in the following Manner: One of the Cler-
tion againſt one for the fame Offence, one found by gymen commiffioned takes the Perfon to be indu&-
the Coroner's Inqueft, and another by the Grand ed by the Hand, lays it on the Key of the Church,
Jury, he may be tried on both at the fame Time and pronounces thefe Words; By Virtue of this Com-
But if he be tried and acquitted upon the one, it miffion, I induct you into the real and actual Poffeffion of
may be pleaded in Bar on Trial for the other. Kel. the Rectory of, &c. with all its Appurtenances. Then
108. 1 Salk. 382. An Indiment being found in the he opens the Church door, and puts the Parfon in-
proper County, may be heard and determined in to Poffeffion thereof, who commonly tolls a Bell, Sc.
any other County, by fpecial Commiffion. 3 Inft. 27. and thereby fhews and gives Notice to the People
When a Perſon is convicted upon an Indictment for that he hath taken corporal Poffeffion of the faid
Treſpaſs or Miſdemeanor, he is to appear in Court, Church: If the Key of the Church door cannot be
on Judgment pronounced; and the Court having fet had, the Clerk to be inducted may lay his Hand on
a Fine upon him, will commit him in Execution, the Ring of the Door, the Latch of the Church-
&c. 2 Lill. Abr. 41. Forms of Indictments, ſee Mur-gare, on the Church Wall, &c. and either of theſe
der, Felony, Burglary, &c.
Juditos, Is he that indicteth another Man for a
ny Offence; and Indictee is the Party that is indi&t-
ed. 1 Ed. 3. cap. 11. 21 Fac. I. c. S.
Judiftanter, A Word fignifying without Delay.
Matt. Weftm. Anno 1244.
are fufficient: Alfo Induction may be made by Deli-
very of a Clod, or Turf of the Glebe, &c. Countr.
Parf. Compan. 21, 22. Ordinarily the Bishop is to
direct his Mandate to the Archdeacon, as being the
Perfon who ought to indu& or give Poffeffion unto
the Clerks inftitured to any Churches within his
Indivifum, Is uſed for that which two Perfons Archdeaconry: But tis faid, the Bishop may direct
hold in common without Partition; as where it is his Mandate to any other Clergyman to make In-
faid he holds pro indivifo, &c. Kitch. 241.
duction. 38 Ed. 3. cap. 3. And by Prefcription, o-
Indomit, Is Law French for boisterous and ungo-thers as well as Archdeacons may make Inductions.
vernable. Law Fr. Dict.
}
Parf. Counfel. S. An Induction made by the Patron
Indo:lement, (Indorfamentum) Signifies any Thing of the Church, is void; but Bishops and Archdea-
written on the Backlide of a Deed; and Receipts cons may induct a Clerk to their Benefices of which
for Confideration Money, and the Sealing and De- they are Patrons, by Prefeription, &c. 11 Hen. 4.
livery, &c. on the Back of Deeds, are called In The Dean and Chapter of Cathedral Churches are
dorſements. Weft's Symb. par. 2. fect. 157. On Sealing to induct Prebends; though it hath been held, if
of a Bond any Thing may be indorfed or fubfcribed the Bishop doth indu& a Prebend, it may be good
the Back thereof, as Part of the Condition; at the Common Law. 11 Hen. 4. 7.
upon
11 Hen. 6. In
and the Indorſement and that ſhall ſtand together. fome Places a Prebend fhall be in Poffeffion with-
Moor 679. There is also an Indorſement of Bills or out any Induction ;
out any Induction; as at Westminster, where the
Notes, of what Part thereof is paid, and when, King makes Collation by his Letters Patent. If the
c. And in another Senfe it is a Writing a Man's King grants one of his free Chapels, the Grantee
Name only on the Backside of Bills of Exchange, fhall be put in Poffeffion by the Sheriff of the
which paffing from one Man to another, all the In-County, and not by the Bishop: And no Induction
dorfers are anſwerable as well as the Drawer. 3 & 4
Ann, c. 9
•
-
is neceffary to a Donative, where the Patron by
Donation in Writing puts the Clerk into Poffeffion,
Indowment, Of a Church, &c. See Endowment. without Prefentation, &c. 11 Hen. 4. If the Au-
Inducement, Is what is alledged as a Motive or thority of the Perfon who made the Mandate for
Incitement to a Thing; and in Law is ufed fpecially Induction, determines by Death or Removal, before
in feveral Cafes, viz. there is Inducement to A&tions, the Clerk is inducted, the Induction afterwards will
to a Traverſe in Pleadings, a Fact or Offence com- be void; as where before it is executed, a new Bi-
mitted, &c. Inducements to A&tions need not have fofhop is confecrated, &c. But if the Archbishop,
much Certainty as in other Cafes: A general Indebi-
tatus is not fufficient, where it is the Ground of the
Action; but where it is but the Inducement to the
Action, as in Confideration of forbearing a Debt
till fuch a Day, (for that the Parties are agreed up-
on the Debt) this being but a collateral Promile, is
good without fhewing how due. Cro. Fac. 548. 2 Mod.
10. A Man ought to induce his Traveric when he
denies the Title of another, because he fhould not
deny till he fhew fome colourable Title in bim-
felf;
for if the Title traverfed be found naught,
and no Colour of Right appears for him who tra-
verfed, there can be no Judgment given: But an
Inducement cannot be traversed, becaufe that would
be a Traverſe after a Traverfe, and quitting a Man's
own Pretence of Title, and falling upon another.
Cro. 265, 266. 3 Salk. 357. An Inducement to a Ta-
verfe must be fuch Matter as is good and juſtifiable
in Law. Cro. Eliz. 829. There is an Inducement to a
Juftification, when what is alledged againſt it is not
4.
during the Vacancy of a See, as Guardian of the
Spiritualities, iffue a Mandate to induct a Clerk to
a Church, it is good though not executed before
there is a new Bishop. 2 Lev. 199. 1 Ventr. 309.
Induction is a temporal A&; and if the Archdeacon
refufe to induct a Parfon, or to grant a Commiffion
to others to do it, Action of the Cafe lies againf
him, on which Damages fhall be recovered; and
he may likewife be compelled by Sentence in the
Ecclefiaftical Court to induct the Clerk, and fhall
answer the Contempt. 12 Rep. 128. It is Induction
makes the Parfon compleat Incumbent, and fettles
and fixes the Freehold in him; and a Church is
full by Induction, which cannot be avoided but by
Quare Impedit at Common Law. 4 Rep. 79. 2 Plowd.
529. Hob. 15. A Bishop fued in the Court of Au-
dience, to repeal an Inftitution, after Induction had,
and a Prohibition was granted; becauſe an Inftitu-
tion is not examinable in the Spiritual Court after
Induction, but then a Quare Impedit lics. Moor S60.
•
Tis
1
IN
IN
[
"Tis not the Admiffion and Inftitution, but Induction
to a fecond Benefice, which makes the firſt void, in
Cafe of Pluralities, &c. Moor 12:
In effe, Is any Thing in Being; and the Learned
make this Diftinction between Things in effe and in
poffe; as a Thing that is not, but may be, they fay
is in poffe or in potentia; but what is apparent and
visible, they alledge is in effe, viz. that it has a real
Being, whereas the other is cafual, and but a Pof
fibility. A Child before he is born or conceived, is
a Thing in poffe; after he is born, he is faid to be in
effe, or actual Being. The Words in effe are men-
tioned in the Statute 21 Jac. 1. cap. 2. And where
there must be Perfons in effe, to take by Grants, &c.
See Grants and Wills.
Jufaliltatio, Was an antient Punishment of Fe-
lons, by throwing them among the Rocks and
Sands, cuftomarily ufed in Port-Towns. It is the
Opinion of fome Writers, that Infaliftatus did imply
fome capital Punishment, by expofing the Male
factor upon the Sands, till the next Tide carried
him away, of which Cuſtom it is faid there is an
old Tradition: However the Penalty feems to take
Name from the Norman Falefe or Falefia, which fig
nified not only the Sands, but rather the Rocks
and Cliffs adjoining, or impending on the Sea-
fhore. Mon. Ang. Tom. 2. pag. 165.
Commifit
Feloniam ob quam fuit fufpenfus, utlagatus, vel alio mo-
do morti-Damnatus, &c. vel apud Dover Infaliftatus,
apud Southampton fubmerfus, &c. Hengham parva,
cap. 3.
Infamy, Which extends to Forgery, Perjury,
Grofs Cheats, &c. difables a Man to be a Witnefs,
or Juror; but a Pardon of Crimes reftores a Per-
fon's Credit to make him a good Evidence.
2 Hawk. P. C. 432, 433. Judgment of the Pillory
makes Infamy by the Common Law; but by the Ci-
vil and Canon Law, if the Caufe for which the
Perſon was convicted was not infamous, it infers no
Infamy. 3 Lev. 426.
(
vies in Blood, as the Heir general or special, may
avoid a Conveyance made by their Anceftor during
his Infancy. Ibid. But Privies in Eftate, fuch as
the Donor of an Eftate-tail where the Tenant in
Tail dies without Iſſue; or Privies in Law, as the
Lord by Efcheat where there is no Heir, fhall not
avoid a Conveyance made by an Infant. 8 Rep. 43,
44. If a Man within Age feifed in Right of his
Wife, makes a Feoffment and dies, his Heir, cannot
enter and avoid it, becaufe no Right defcends to
him; for the Baron, if he had lived, could have en-
tered only in Right of his Wife. 8 Rep. 43. And
no Perfon fhall take Advantage of the Infancy of
his Anceftor, but he that hath a Right defcending
to him from that Anceſtor; though the Heir may
take the Benefit of a Condition, notwithstanding no
Right defcended to him from his Ancestors. 8 Rep.
44. If Husband and Wife are both within Age,
and they by Indenture join in a Feoffment, and the
Husband dies, the Wife may enter and avoid the
Deed, or have a Dum fuit infra Ætatem. 1.
Though if there be two Jointenants within Age,
Inft. 337.
and one of them makes a Feoffment in Fee of the
Moiety during his Infancy, and dies, the Survivor
cannot enter; but the Heir of the Feoffor may en-
ter into the Moiety, &c. Rep. 43. If an Infant
exchanges Lands with another, and the other en-
ters, the Infant may have Affife. 18 Ed. 4. 2. And
where an Infant leafes for Years, he may affirm
the Leafe, or bring Trefpafs against the Leffee for
the Occupation. 18 Ed. 4. Bro. Trefpafs 338. A
Leafe made by an Infant referving Rent, is void-
able; but if there be no Rendring Rent, it is ab-
folutely void. Latch 199. If an Infant makes a
Leafe paying Rent, and after his coming of Age
he accepts the Rent, the voidable Leafe is made
good; and an Infant's Leafe in Eje&ment is good.
2 Lill. Abr. 55. 3 Salk. 196. A Leaſe made to an
Infant may be avoided by waving the Land before
the Rent-Day: But if where a Leafe for Years is
made to an Infant, rendring Rent, after the Infant
coming of full Age he continues the Poffeffion of
the Land, this will make him chargeable with the
Rent incurred during his Infancy. Cro. Fac. 320. An
Infant cannot furrender a future Interest, by taking
a new Leafe; his Surrender by Deed and by Ac-
ceptance of a fecond Leafe, are void, except there
be an Increaſe of the Term; or a Decrease of the
Rent; for where there is no Benéfit comes to him,
his A&ts are merely void. Cro. Car. 502. If an In-
fant furrenders a Leafe for Years to him in Rever-
fion, this is void, and cannot be made good by any
Agreement at full Age. Roll. Abr. 728. An Infant
may purchase, being intended for his Benefit; yet
at his full Age he may confirm, or avoid it, by A-
greement or otherwife; and if he agrees not when
at Age, his Heirs after him, may difagree to the
fame. 1 Inft. 2, 172. An Infant's Feoffment, or o-
Jufant, (Infans) In our Law is a Perfon under ther Deed, may be avoided by Plea or Entry, after
twenty-one Years of Age, whofe Acts are in many or before he is of full Age; but his Acts on Record,
Cafes either void, or voidable. 1 Inft. 171. All as his Fine levied, Recovery fuffered, or Statute
Gifts, Grants, &c. of an Infant, which do not take acknowledged, must be avoided by Matter of Re-
Effect by Delivery of his Hand, are void; and if cord, viz. by Writ of Error, or Audita Querela, du-
made to take Effect by Delivery of his own Hand, ring his Minority. 3 Salk. 196. 1 Inft. 380. An
are voidable by himſelf, and his Heirs, and thofe Infant confeffed Judgment in an Action of Debt
which fhall have his Eftate. 8 Rep. 44. Where an brought against him; and it was held, Audita Que-
Infant makes a Deed and delivers it within Age, rela did not lie upon this Judgment, though it
though he afterwards delivers it again at full Age, would on a Statute or Recognisance; but the Par-
this fecond Delivery and Deed are void; for the ty ought to bring a Writ of Error in the Exche-
Deed must take Effe&t from the firft Delivery.quer Chamber, by Virtue of the Statute 27 Eliz,
3 Rep 35. If an Infant bargain and fell Lands by
Deed indented and inrolled, he may avoid it. 2 Inft.
673. And if an Infant makes a Feoffment, he may
enter and avoid it; and if he dics, his Heir may
enter, or have a Dum fuit infra Etatem, &c. 1 Inft.
247, 248. An Infant feifed in Fee makes a Feoff
ment and dies, his Heir fhall enter; and it is the
fame if feifed in Tail Male. S Rep. 42. And Pri-
-
Infangthef, Jufangenetheof, (From the Saxon
Fang or Fangen, i. e. capere, and Theof, Fur) Signi-
fies a Privilege or Liberty granted unto Lords of
certain Manors, to judge any Thief taken within
their Fee. Bract. lib. 3. cap. 35. In fome antient
Charters, it appears that the Thief fhould be ta
ken in the Lordship, and with the Goods ftolen,
otherwife the Lord had not Jurifdi&tion to try him
in his Court; though by the Laws of King Edward
the Confeffor, he was not reftrained to his own Peo-
ple or Tenants, but might try any Man who was
thus taken in his Manor: 'Tis true afterwards, the
Word Infangthef fignified Latro captus in terra alicu-
jus feifitus de aliquo Latrocinio, de fuis propriis hominibus.
1 & 2 P. & M. c. 15. The Franchiſes of Infangthef
and Outfangthef, to be heard and determined in
Court-Barons, are antiquated, and gone long fince.
2 Inft. 31.
Meor 460. Infants ought not to be received to levy
Fines, though if they are admitted, their Fines are
good and unavoidable, unless reverfed during their
Minority. 1 Inft. 233. If an Infant levy a Fine be-
fore the Juftices, and the Cognifees will not have
it ingroffed till after he is of Age; on producing a
Note of the Caption, his Age may be examined;
whereupon he may bring Writ of Error. Moor 189.
5 K
¥
But
1
1
**
IN
IN
:
!
C.
But where an Infant may levy a Fine, he may de- fcent, bind Infants: And where the Eftate of an Ix-
clare the Uies of it alfo by Deed: And the Infant's fant is upon Condition to be performed by the I-
Declaration of Ufes, fhall be good and binding to fant, if the Condition is broken during the Minc-
the Infant and his Heirs, fo long as the Fine con rity, the Land is loft for ever. I Inft. 233, 380.
tioues unreverfed. Hob. 224. 2 Leon. 193. 2 Rep. 58. Though a Statute is not extendible against an Infant,
10 Rep. 42. It was held formerly that an Infant ap-yer Chancery will give Relief againft Infants. 1 Lev.
pearing by Guardian, could not fuffer a Common 198. And by Statute 7 Ann. c. 19. Infants feifed of
Recovery, 10 Rep. 42. Though ſince it hath been Etates in Fee in Truft, or in Mortgage, on Peti-
allowed in many Cafes, and by all the Judges, that tion of the Perfon for whom the Infant is feiſed in
an Infant may fufter a Common Recovery by Guar- Truft, or the Mortgagor, c. by Order of the
dian, and he shall not avoid it; for by Intendment Court of Chancery, may make Conveyances of ſuch
he hall have Recompence in Value; and if it Etates, as Truftices or Mortgagees of full Age. An
not for the Good of the Infant, he may he have Infant is much favoured by the Law; and therefore
Recompence over against his Guardian. 2 Dany. it doth give him many Privileges above others: If
Abr. 772. A Common Recovery may be had against an Infant make Default in a real Action, he fhall
an Infant, being examined fole & fecrete; and he not lofe his Land, as another Man fhall do; one
may ſuffer a Recovery by Guardian in open Court who is an Infant fhall not be amerced, nor find
Hob. 169. 2 Bulft. 255.
2 Bulft. 255. 2 Nelf. Abr. 994. A Reco-Pledges like one of full Age; and if he be Bail, he
very was fuffered by an Infant by his Guardian. may be difcharged by Audita Querela, &c.
1 Inft.
1 Leon. It has been agreed, that if an Infant appear 272. 8 Rep. 61. On his Default at the Grand Cape,
by Guardian, and fuffer a Common Recovery, it the Infant by Writ of Error may reverſe the Judg-
fhall not be reverfed for Error: But if he appearment given against him; unless it be in Cafe of a
by Attorney, and fuffer a Recovery, it is oher- Judgment in Dower. Dyer 104. Fenk Cent. 47, 319,
wife; for in fuch Cafe he may reverfe it by Error But an Infant may be diffeifed of his Lands: And a
when of full Age, becauſe it may be tried by a Jury Warranty that defcendeth upon any Infant, may
whether he was an Infant when he made the Letter bar him of his Entry; fo a Remitter upon him;
of Attorney, or not; whereas in the other Cafe it contra of a Defcent; And if an Infant hath Fran-
muft appear by Inspection, which cannot be after chifes or Liberties, and do abufe or difufe them, he
full Age. Sid. 321. 2 Nelf. 995.
A Recovery or fhall forfeit them as a Man of full Age may do.
Judgment by Default against an Infant, is errone-1 Inft. 3. 133. 1 And. 311. Bro. 48. An Infant may
ous; but the Infant mult reverfe it by Writ of Er bind himself Apprentice, and if he ferve feven
ror during his Minority. Wood's Inft. 605. And if Years, have the Benefit of his Trade: If he be
the Default be after Appearance, the Judgment guilty of Misbehaviour, the Mafter may correct
ſhall not be reverfed. Dyer 104. If an Infant appears him; or complain to a Juftice of Peace, and have
by Attorney, and not by Guardian, it is Error; for him punifhed. Cro. Car. 179. Stat. 5 Eliz.
Stat. 5 Eliz. And an
which a Judgment may be reverfed. 2 Nelf. 998. Infant may bind himself to pay for Neceffaries, as
But if an Infant appearing per Guardianum comes of Meat, Drink, Apparel and Learning; but not by
Age pending the Suit, he may then plead per Attor- Bond with Penalty; though a Bill for Neceffaries,
natum. Moor 665. An Infant is to fue by Prochein without a Penalty, for the very Sum due, 'tis faid,
Amy, or Guardian; but always defend by Guardian. will bind him. 2 Inft. 483. 1 Roll. Abr. 729. 1 Lev.
1 Inft. 135. He is not to appear by Attorney in his 86. Infants are not obliged to pay for Clothes, un-
own Right; but if he be joint Executor with others lefs it be averred for their own Wearing, and that
of Age, they may make an Attorney for him: Re-they were convenient and neceffary for them to
folved where three Executors brought an A&tion wear, according to their Degree and Eftare.
by Attorney, one being within Age. 2 Saund. 212. Fac. 560. Though upon Promife of an Infant to
Though it was lately adjudged, that an Infant may pay a Taylor for making of Clothes, it need not
neither fue nor be fued as Executor by Attorney; be averred for neceffary Clothes, &. Noy 85. Mo.
for the Infant's Difability is adherent to his Perfon,ney laid out for Neceffaries for an Infant, hath been
and he has no Power to make an Attorney in any allowed; when Money lent for that Purpoſe hath
Cafe, who would not be anfwerable to him. Fitzgib. not. 5 Mod. 368. The Infant may buy, but cannot
I, 2. Mich. 1 Geo. 2. And it hath been held, if an borrow any Money to buy Neceffaries; for the Law
Action be brought againſt three feveral Defendants, will not truft him with Money, but at the Peril of
and one of them is an Infant, they may not all ap- the Lender, who muft lay it out for him in Necef-
pear by Attorney; but he within Age muft appear faries, or fee it thus laid out. 1 Salk. 386.
1 Salk. 386. Where
by Guardian, or it will be Error to reverfe the Money is lent to an Infant, who employs it in buy-
Judgment. Style 400. 1 Lev. 294. If Baron and ing Neceffaries, yet he is not liable; becauſe the
Feme, where the-Feme is an Infant, appear by At- Foundation of the Contract is the Lending. 1 Salk.
torney, it is Error. 5 Mod. 209. When the Defen-279. One lends a Sum of Money to an Infant, to
dant in an Action is an Infant, the Plaintiff fhall pay a Debt for Things neceffary, as the Infant may
have fix Years to bring his Action in after the De-milapply it, he is therefore not liable at Law; yet
fendant comes of Age: And if the Plaintiff be an
Infant, he hath fix Years likewife after his Age to
fue by the Statute of Limitations. Lutw. 243. And
Infants are not bound by Nonclaim, &c. on Fines
Law.
levied by others, within five Years, by the Stat. 13
1 Peer Williams 559. An Infant is not bound
Ed. I.
Nonclaim fhall not bind an Infant, nor by an Account concerning Neceffaries for his Fami-
any Negligence, &c. he imputed to him; except in ly, c. for he may be miftaken in an Account; and
fome particular Cafes, viz. in Cafe of a Fine where no Contract binds him but what concerns his Perfon.
the Time begins in the Life of the Anceftor; or of 2 Roll. Rep. 271. Lath 189. If an Infant makes a
an Appeal of Death of his Anccftor, where he Contract pro Vitu Veftitu, this fhall be binding:
brings not his Appeal within a Year and a Day, &c. And a Promife by an Infant to another, that if he
1 Inft. 246, 380. Wood's Inft. 13. Laches fhall pre- will find him Meat, Drink and Waſhing, and pay
judice an Infant, if he prefents not to a Church in for his Schooling, that he will pay him fuch a rea-
x Months. Litt. 402. All A&ts of Neceffity bind fonable Sum yearly, Action one the Cafe lies upon
Infants; as Prefentations to Benefices, Admittances this Promife. 2 Danu. 768. Trin. 3 Car. But in
and Grants of Copyhold Eftates, and Affenting to other Cafes, it is otherwife; though a Promiſe of
Legacies, &c. 3 Salk. 196. Conditions annexed to a Perfon when at full Age, for Confideration during
Lands, whether the Eftate come by Grant or Di-Infancy, fhall be binding, and Affumpfit lieth, 2 Lev.
Cro.
he must be fo in Equity, for that in this Cafe the
Lender of the Money ftands in the Place of the
Perfon paid, viz. the Creditor for Neceffaries; and
fhall recover in Chancery, as the other would by
2
144
IN
IN
+
be the Word of God, on one of which, Oaths muit
be taken. 1 Inft. 6. 2 Hawk. P. C. 434.
Infinity of Axions. The Lord of the Soil may
have a fpecial Action against him who fhall dig
Soil in the King's Highway: But one Subject may
not have his Action against another for common Nu-
fances; for if he might, then every Man would have
it, and fo the Actions would be infinite, &c.
Inft. 56. 9 Rep. 113.
I Co.
Infirmary, (Infirmarius) In Monafteries there
was an Apartment allotted for infirm or fick Perfons;
and he who had the Care of the Infirmary was called
Infirmarius. Matt. Parif. Anno 1252.
In fozna Pauperis, Suing Actions in. See Forma
Pauperis.
144. 3 Leon. 215. A Perfon gave a Note, a few
Days after of Age, for Things he had during his
Infancy; on extraordinary Circumftances, Equity
fet it afide: Tho' its true, if an Infant takes up
Goods, or borrows Money, and after he comes to
Age, gives his Note or Promife for the Money,
that is good at Law; But to prevent the Ruin of In-
fants, it may be convenient to give Relief. Bar-
nardift. 4, 6. If an Infant delivers Money with his
own Hand, it is voidable, and to be recovered by
A&tion of Account. The Infant fells Goods to an-
other; he may make the Sale void, or have Debt,
&c. for the Money. Hoh. 77. 18 Ed. 4. 2. Allo
Tiefpafs lies for taking the Goods; but if he deli-
ver the Thing with his own Hands, the Vendee is
excufed of the Trefpafs: If an Infant fell a Horſe, Juformation, (Informatio) For the King, is the
he may take it again, &c. Roll. 736. 3 Rep. 13. Hob. fame which for a common Perfon is called Decla-
96. Action will not lic against an Infant for Goods fold ration; and it is not always brought dirc&ly by the
to him, to fell in his Shop. Cro. Fac. 494. And if one King, or his Attorney General, and the Clerk of
delivers Goods to an Infant, knowing him to be fuch, the Crown-Office, but frequently by fome other
the Infant fhall not be charged in Trover and Con- Perfon, who informs as well for the King as for
verfion: But it is otherwife if delivered to him, not himself, upon the Breach of fome Penal Law or
knowing him to be an Infant. I Sid. 129. Action lies Statute, wherein a Penalty is given to the Party
not against an Infant Inn-keeper, for Goods loft that will fue for the fame: And it differs from an
2 Danv. 769. If an Infant accepts a Bill of Exchange, Indictment, which is found by the Oaths of twelve
he may plead Infancy upon an Action brought a Men; and this is only the Allegation of the Officer,
gainst him. Trin. 3 W. 3. 3 Salk. 197. And if a Trefc. Terms de Ley 406. Informations are either at the
pafs be done to an Infant, and he fubmits to an A-Suit of the King, or at the Suit of the King and of
ward, it is faid the Award fhall not be binding to the Party, which is called an Information Qui tam,
him. 2 Danv. 770. Agreements, &c. made by an becaule the Informer profecutes tam pro Domino Rege
Infant, altho' be be within a Day of his full Agc, quam pro feipfo; but these Informations will not lie on
shall not bind him. Plowd. 364. Where an Infant en any Stature, which prohibits a Thing, as being an
ters into Bond, pretending to be of full Age, tho' immediate Offence againſt the publick Good in ge-
he may
avoid it by pleading his Infancy, yet he may neral, under a certain Penalty, unless the Whole
be indicted for a Cheat, Wood's Inft. 585. Infants or Part of fuch Penalty be exprefly given to him
committing a Trefpafs against the Perfon or Poffef who will fue for it, becaufe otherwife it goes to the
fion of another, muft answer for the Damage in a King, and nothing can be demanded by the Party.
Civil Action. Hob. 134. 2 Roll Abr. 547. And Infants 2 Hawk. P. C. 265. The King fhall put no one to
being Tenants for Life or Years, are punishable for anfwer for a Wrong done principally to another,
Wafte: An Infant fhall be punished for Battery, Slan- without Indi&tment or Prefentment; tho' of com-
der, Cheating with falfe Dice, Perjury, not going mon Right Informations, or Actions in the Nature
to Church, c. 3 Salk. 196. Infants under fourteen thereof, may be brought for Offences against Sta-
Years of Age are not generally punishable capitally tutes, whether mentioned or not in fuch Statutes,
for Crimes committed; but if they are of that where other Methods of Proceeding are not parti-
Age, or under thofe Years, having Maturity of cularly appointed. Ibid. 260. And wherever a
Difcretion, they may be punished as Felons: But Matter concerns the publick Government, and no
Execution of thefe for Felony is oftentimes refpited particular Perfon is entitled to an Action, there an
in order to a Pardon; and if an Infant apparently! Information will lie. 1 Salk. 374. There may be an
wanting Diſcretion, be found guilty of Felony, the Information for the King against a Criminal, as well
Juftices may difinifs him without Pardon. 1 Inft. as Indictment; but it doth not lie for a Capital
247. Doct. and Stud. c. 26. I Hawk, 2. An Infant Crime except on the Statutes againſt Bankrupts,
is incapable of being a Parfon, Juror, Attorney, who may be convicted of Felony by Indictment
Steward, Bailiff, &c. But he may be a Mayor, or Information, by 5 Geo. I. c. 4. "Wood's Inft. 630.
Sheriff, Gaoler, Sc. Co. Lit. 3. 3 Salk. 195. See It hath been alledged, that Informations began in the
Age. and Heir apparent.
Reign of King Hen. 7. and are new Things with
Infants when of age. An Infant has been ad- Refpe&t to Indictments, and carry Hardships with
judged of Age the Day before his Birth Day, for the them, &c. But it was adjudged, that the old Sta-
Law will not make a fraction of a Day; and there-tutes ena&t, that Proceedings fhall be by Prefentment
fore, where a Perfon was born the third of Septem- or Indi&ment; an Information by the Attorney Ge-
ber, and the second of September 21 Years after heneral is no more than a Prefentment, and that In-
made is Will, it was held good; and that he was formations were at Common Law. 5 Mod. 459.
then of Age to devife his Lands. 1 Ld. Raym. 480. [ Information may be brought for Offences and Mifde-
And it is faid fuch Will fhall take Effe&t tho' the meanors by the Common Law; as for Batteries,
Devifor dies by Six at Night of that Day, 2 Raym. Confpiracies, feducing Perfons, Nufances, Contempts,
1096.
•
>
Infancy of the king, The King cannot be an
Infant by our Law. 1 Inft. 43. And he fhall never
avoid his Grants, &c. in Refpect of Infancy; for
he cannot be a Minor, being as King a Body Poli-
tick. 2 Darv. Abr. 767. The Acts of a Mayor and
Commonalty fhall not be avoided by Reafon of In-
fancy of the Mayor. Cro Car. 557.
Infections, By cafting Garbage and Dung into
Ditches, c. how punifhed. See Stat. 12 R. 2.
Infidels, (Infideles) Heathens; who may not be
Witneffes by the Laws of this Kingdom, becauſe
they believe neither the Old or New Teftament to
An
Libelling, feditious Words, Abufing the King's Com-
miffion to the Oppreffion of the Subject, &c. And
in very many Cafes by Statute, wherein the Offen-
der is liable to a Fine, or other Penalty. Finch 340.
Show. 109. For Words ſpoke of a deceaſed King,
which advance pernicious Doctrine and evil Tenets,
and have an Influence on the prefent Government,
Sc. an Information lies, on which the Offender may
be fined, and alfo corporally puniſhed. 2 Ld. Raym.
879. If the Marſhal of B. R. mifdemeans himſelf in
his Office, he who is prejudiced by it may prefer an
Information` againſt him in that Court, where he fhall
be fined and ordered to make Satisfa&tion. Hil. 23
Car.
IN
IN
1
Léon.
Car. B. R. For obtaining a Judgment against a Wo- that there was reafonable Caufe for the Information.
man before Marriage, by Cheating and Fraud, where- An Informer upon a popular Statute ſhall never
by her Husband's Lands were afterwards extended, have Cofts, if not given by Statute; but the Party
adjudged that Information lay, and the Judgment grieved in Action on the Statute hall, where a
fhould be fet afide, c. Sid. 431. Information may be certain Penalty is given. 2 Hawk. 273. Informations
brought against the Inhabitants of any Town for by the Attorney General remain as they were at
not repairing of Highways; for going armed in Af Common Law, notwithſtanding the Statute 4 & 5.
fray of the Peace, &c. and in general for any Of W. & M. And when the Attorney General exhi
fences against the publick Good, or against the Prin-bits an Information, he does it ex Officio; whereas
ciples of Juftice, Information lies; tho' not where a when the Clerk of the Crown docs it, it is gene-
Complaint is trifling or vexatious, or wholly of a rally by Order of Court. 5 Mod. 464. Where a
private Nature. 2 Hawk, 260, 262. If a Perfon ex- Penalty is divided by Statute between the King and
hibits his Information only for Vexation, the Defen- the Informer, if the King prefers his Information be-
dant may bring Information against the Informer upon fore the Informer, he shall have the whole Penalty:
the Statute 18 Eliz. c. 5. 2 Bulft. 18. An Information But if the Informer prefers his Information firft, the
upon a Penal Statute must be fued in one of the Su- King cannot hinder him from his Proportion. 2 Lill.
perior Courts, and cannot be brought in any Inferior Abr. 6o. If an Informer dies, the Attorney General
Court, because the King's Attorney cannot be there may proceed in the Information for the King: Non-
to acknowledge or deny, as he can in a Superior fuit of an Informer is no Bar against the King; and
Court. Cro. Fac. 538. All Informations on Penal Sta- if the King's Attorney enter a Nolle profequi, it is
tutes, brought by an Informer where a Sum certain not any Bar quoad the Informer. Cro. El. 583.
is given to the Profecutor, muft be brought in the 119. If two Informations are had on the very fame.
proper County where the Offence was committed; Day, they mutually abate one another; becauſe
and within a Year after the fame: But a Party there is no Priority to attach the Right of the Suit
grieved, who is not a common Informer, is not in one Informer, more than in the other. Hob. 138.
obliged to bring his Information in the proper Coun- An Information hath fomewhat in it of an Indictment,
ty, but may inform in what County he pleafes. Stat. viz. to alledge the Offence in particular, and alfo
31 Eliz. c. 3. Cro. Eliz. 645. And the King may ex- fomething in Nature of an Action, to demand what
hibit an Information in two or three Years, and be is due; and if the Informer make no Demand, or de-
good; though it will be naught in an Informer. Cro. mand what appears not to be his due, the Informa
Fac. 366. Where an Information is given by Sta- tion is ill. Hob. 242. The fame Certainty is requifite
tute, to be profecuted at the Affizes, c. the In-in an Information as in an Indictment; and all the
former on filing of his Information must make Oath
before a Judge, that the Offence laid in the Informa-
tion was not committed in any other County than that
mentioned in the Information; and that he believes
the Offence was committed within a Year next be-
fore the Filing of the Information. 21 Fac. I. c. 4.
And when an Information is ordered to be filed upon
an Affidavit made, the Court will not fuffer the
Profecutor to put any more or other Matter into
the Information than what only is in his Affidavit.
Mich. 9 W. 3. B. R. It has been refolved, that the
Stat. 21 Fac. 1. reftrains the Jurifdi&tion of B. R.
in Actions of Debt by common Informers, and that
they cannot bring Debt upon the Statute in that
Court, unless the Caufe of Action arife in the Coun-
ty where the King's Bench fits; but muft in other
Cafes profecute by Information before Juftices of Af
fife, &c. as the Statute directs. 1 Salk. 373. Ofledged from a Matter in pais, the Defendant may
fences created fince the Statute 21 Fac. 1. cap. 4.
are not within that Statute, to be profecuted in the
County where the Fact was done; fo that Informa-
tions on fubfequent penal Statutes are not reftrained
thereby. Ibid. By the Stat. 18 Eliz. cap. 5. Informers
are to exhibit their Suits in proper Perfon, by Way
of Information, or Original Action; they are not to
compound with the Defendant, without the Confent
of the Court, on Pain of 10 1. Penalty, Pillory,
c. And if they difcontinue or are Nonfuit, the
Court fhall immediately affign Cofts to the Defen-
dant: But this Statute and the 21 Fac. 1. c. 4. do
not extend to Informations of Officers, nor on the
Statutes of Maintenance, Champerty, concerning
Concealments of Cuftoms, &c. and it extendeth not
to Parties grieved, and thofe to whom any Forfei-
ture is given in certain. Ibid. The 4 & 5 W. & M.
c. 18. enacts, That Informations brought in the
Crown-Office, for Trefpafs, Battery, &c. are to be
by Order of Court; and Recognizances to be en
tered into of 20 1. Penalty for the Informer to pro-
fecute with Effect, &c. And in Cafe any Perfon
against whom fuch Information fhall be exhibited
fhall appear and plead to Iffue, and the Profecutor
do not proceed to Trial within a Year after Iffue
joined; or if it fhall pafs for the Defendant, or the
Informer procure a Nolle profequi, &c. the Court is to
award the Defendant Cofts; except it be certified
•
material Parts of the Crime must be as precifely
found in one as the other. 2 Hawk. 261. If an
Information contain ſeveral Offences against a Sta-
tute, and be well laid as to fome of them, but de-
fective as to the reft, the Informer may have Judg.
ment for fuch as, is well laid. Ibid. 266.
After a
Plea pleaded to an Information for any Crime, the
Defendant by Favour of the Court may appear by
Attorney; alfo the Court may difpenfe with the
perfonal Appearance before Plea pleaded, except
in fuch Cafes where a perfonal Appearance is re-
quired by fome Statute: And it is the fame of In-
dictments for Crimes under the Degree of Capital.
Ibid. 273. If a Defendant plead Nil debet to an
Information Qui tam, &c. it is fafeft to fay he owes
nothing to the Informer, nor the King, which is an
Anfwer to the Whole. On Breach of a Statute, al-
Bro.
plead that he owes nothing, or Not guilty, &c.
And if there be more than one Defendant, they
ought to plead feverally and not jointly, Not guil
ty: But if it be alledged from a Matter of Record,
the Record not being triably by the Country but by
itself, fuch Plea is not good. 2 Hawk. 276.
Isues, 23. A Prior Suit depending, a Pardon or
Releafe may be pleaded to an Information: And if
the Defendant hath Matter to plead in his Dif
charge, it hath been held that he ought to plead it
fpecially, and cannot give it in Evidence; tho' this
feems to be contrary to the Statute 21 Fac. 1. A
Replication to an Information on a fpecial Plea in
the Courts at Westminster, is to be made by the At-
torney General, and before Juftices of Allize, by
the Clerk of the Affife: Tho' the Replication to a
General Iffue in an Information Qui tam in the Courts
at Westminster, may be made in the Name of the
Attorney General only; and in Actions Qui tam,
moft of the Precedents are that the Replication is
to be made by the Plaintiff. 2 Hawk. 277. A De-
murrer may be to an Information Qui tam, without
the Attorney General. Ibid. Informations are not
quafhed for Infufficiency, like Indictments; but the
Defendant muft demur to them. Paf. 1650. 2 Lill. 59.
Fines affeffed in Court by Judgment on an Informa-
tion, cannot be afterwards qualified or mitigated. Cro.
Car. 251. The Stat. 9 Ann. c. 20. makes the Proceed-
ings
IN
EN
ings upon Informations in the Nature of a Quo War-
ranto more fpeedy and effectual. Vide the Stat, &c.
1
Form of an Information by the Attorney General.
Infula, Was antiently the Garment of a Pricft,
like that which we now call a Caffoek; fometimes
it is taken for a Coif. 492 100.
ང་
Inge This Syllable in the Names of Places
denores Meadow or Pature, and in the North,
Meadows are called the Inges from the Sax. Ing
i en pratum, sed sklola Cipse quiser.
ie
Ingenium, Is an Inftrument used in War, Arte
& Ingenio confectum; from whence is faid we de
rive the Word Engine.
Ingenuitas, Ufed for Liberty given to a Servant
by Manumiffion. Leg. H. 1. cr Sigur
.1
Ingenuitas Begní. Ingenui, Liberi & Legales
Homines Freeholders, and the Commonalty of the
Kingdom And fometimes this Title was given to
the Barons and Lords of the King's Council. Ead-
mer. Hift. Nov. fol. 70.
E it remeinbered, That D. R. Efq, the Attorney
General of our Sovereign Lord the King, who profe-
cutes for our faid Lord the King, being prefent in this
Court, the Day of, &c. in his own Perfon for the faid
Lord the King, gave the Court here to understand and be
informed; That whereas all that, &c. yet one A. C.,
and B. D. little regarding the Laws and Statutes of our
Lord the King that now is, but intending, &c. with
Force and Arms, the Day and in the Year, &c. before
the Day of exhibiting this Information, entered and intru-
ded in and upon, &c. And the fame Trespass hitherto
and yet contiues, in Contempt of the faid Lord the King, Ingrels, Egrefs and Begrefs, Words in Leafes:
and against his Laws: Whereupon the faid Attorney Ge- of Land, to fignify a free Entry into, Going forth;
neral, of our faid Lord the King that now is, for the faid of, and Returning from fome Part of the Lands
Lord the King prays the Advice of this Court in the Pre-Ter as to get in a Crop of Corn, after the
miſſes; and that the faid A. C. and B. D. may come here Term expired. vi
to answer our faid Lord the King, &c Upon which, &c.
and the Sheriffs of the faid County, that they attach the
faid A. and B. in Form aforefaid, so as, &c.
•
An Information for Frauds committed in the Revenue.
B
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Cour
ugreffu, Is a Wait of› Entry, whereby a› Man
feeks Entry into Lands or Tenements; and lies in
many Cafes, having as many different Forms: This
Writ is also called Precipe quod reddat, becauſe the fe
are formal Words inferted in all Writs of Entry.
See Entry.
Ingreffus, The Relief which the Heir at full
Age paid to the Head Lord; for Entring upon the
Fee, or Lands fallen by the Death or Forfeiture
of the Tenant, &c. was fometimes called Ingreffus.
Blount.
In grofs. Advowfon in grofs, Villain in grofs, &c.
See Grofs.
E it remembred, That A. B. who profecutes as
well for our Lord the King as for himself, came
before our fovereign Lord the King at Westminster, the
Day, &c. this fame Term, in his proper Perfon; and as
well for our faid Lord the King as for himself, giveth.
the Court here to understand and be informed, That one
C. D. of, &c. Merchant, on the first Day of April in Ingroffer, (Ingroffator) Is one that buys and fells
the Year, &c. and the Day of, &c. then next following, any Thing by Wholeſale; and whoever fhall get
in a certain Ship called the P. of S. brought into this into his Hands by: Buying, Contract or Promife,
Kingdom of England, into the Port of, &c. by Way of other than by Demife, Grant or Leaf of Lands,
Merchandizing, thirty Hogfheads of Tobacco, of the Va-any Corn growing, or other Corn or Grain; But-
lue, &c. as of the proper Goods of the faid C. And the ter, Cheefe, Fish, or other dead Victuals whatfo-
faid thirty Hogsheads of Tobacco out of the faid Ship in ever, within the Realm of England, to the Intent.
the Port aforesaid, to Land there carried, on the Days and to fell the fame again, fhall be reputed an unlaw
Times aforefaid, and the fame then took away from thence, ful Ingroffer, by Stat. 5 & 6 Ed. 6. c. 14. Such Vic-
the Custom, Subfidy and Poundage and other Duties to our cual only as is neceffary for the Food of Man, is
faid Lord the King therefore due, not being paid, nor any within the Purview of the Statute; and therefore
Agreement or Compofition had or made with the Collector Apples and Fruits are not within the Meaning of
thereof, with or by the Knowledge or Confent of the Compit and it has been holden, that Hops are not with-
trollor or Supervifor in that Behalf affigned, or of one of in the Statute. 3.Inft. 195. H. P. C. 152. Cro. Car.
them therein, against the Form of the Statute in that Cafe 231. The Buying of Corn to make Starch of it,
made and provided: Whereupon the Said A. B. who profe- and then to fell it, is not within the Intent of the
cutes as well, &c. prays the Advice of this Court; and Statute; because it is not bought to be fold again
that the faid C. may forfeit the Goods and Merchandizes in the fame Nature it was bought, but to be first
aforefaid, according to the Form of the Statute aforesaid, altered by a Trade or Science; and by the like
and that the faid A. the Moiety of the Value of the faid Reafon the Buying of Corn to make Meal of it,
Goods fo forfeited may have, &c. And also that the faid and then to fell it, is faid not to be within the A&;
C may come here into this Court to answer of and upon and Buying of Barley, with an Intent to make it
the Premiffes, &c. and there are Pledges of profecuting into Malt, and after that to fell ir, had no Need of
John Doe and Richard Roe. And hereupon it is com- the Exception made for it in the faid Statute.
manded to the faid C. that all other Things omitted, and Hawk. P. G. 237. Foreign Corn and Victuals, ex-
all Excufes laid afide, he be in his proper Perfon before our cept Fish and Salt, are exempted, and not within
Lord the King at Westminster on the Day, &c. next the Penalty of the Statute 13 Eliz. cap. 25. And
coming, to answer as well to our faid Lord the King, as licenſed Badgers are excepted; as are likewife
to the faid A. who profecutes, &c. of and in the Premif Fishmongers, Butchers, Poulterers, c. buying
ſes, and further to do and receive what the Court of our any Thing in their own Faculties, otherwiſe than
faid Lord the King now here shall confider of in this Par-by Foreftalling, and felling the fame again at rea-
ticular, &c.
:
2
}
1.
.
:
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>
fonable Prices by Retail. 1 Hawk. 240. Any Mer-
chant, whether a Subject or Foreigner, bringing
Informer, (Informator) Is a Perfon as informs a- Victuals, or other Merchandize into this Kingdom,
gainft or profecutes in any of the King's Courts may fell the fame in Grofs; but he that buys them
thofe that offend againſt any Law or Penal Statute; of him cannot do fo, becaufe by fuch Means the
and no Man may be an Informer who is difabled by Price will be inhanfed, for the more Hands any
Mifdemeanor. Stat. 31 Eliz. c. 5.`
Merchandize paffeth through, the dearer it muft
Infotiatum, Is one Part of the Digefts of the grow, as every one will make a Profit of it: And
Civil Law; according to Benedict, Abbot of the Mo-if this were allowable, a rich Man might ingrofs
naftery of Peterborough, in the Reign of K. Hen. 3.
Jufugare, Significs to put to Flight. Leg. Canuti,
any
cap. 32:
1
*
into his Hands a whole Commodity, and then fell
it at what Price he should think fit; which is of
fuch bad Confequence, that the bare Ingroffing of
5 L
}
.
Q
IN
1
IN
a whole Commodity with Intent to fell it at an un- common Field ploughed up and fowed with Oats,
reaſonable Price, is an Offence indictable at Com. and fometimes fenced in with a dry Hedge,
mon Law, whether any Part thereof be fold by the
Ingroffer, or not. 3 Inft. 196. Cro. Car. 231, 232.
The Puniſhment of this Offence by Statute, is For
feiture of the Goods for the firſt Óffence, and two
Months Imprisonment; double Value and fix Months
Impriſonment for the fecond Offence; and Lofs of
all Goods and Imprisonment at the King's Pleafure,
&c. for the third Offence. Sec Forestaller.
Ingroller of Deeds, Is a Clerk that writes Re-
cords or Inſtruments of Law in Skins of Parch
ment.
Ingrolling of a fine. The making of the In-
dentures by the Chirographer, and Delivery of them
to the Party to whom the Fine is levied. F. N. B.
147.
Inhabitant, Is a Dweller or Houfholder in any
Place; as Inhabitants in a Vill, are the Houfholders
in the Vill. 2 Inft. 702.
Inheritance, (Hareditas) Is a Perpetuity in Lands
or Tenements, to a Man and his Heirs: And the
Word Inheritance is not only intended where a Man
hath Lands or Tenements by Defcent of Heritage;
but alfo every Fee- fimple, or Fee-tail, which a
Perfon hath by Purchaſe, may be faid to be an In
heritance, becauſe his Heirs may inherit it. Lit. Sect.
9. And one may have Inheritance by Creation; as
in Cafe of the King's Grant of Peerage, by Letters
Patent, &c. Inheritances are Corporeal or Incorpo-
real; Corporeal Inheritances relate to Houfes, Lands,
&c. which may be touched or handled; and Incor
poreal Inheritances are Rights iffuing out of, annexed
to or exercifed with Corporeal Inheritances, as Ad-
vowfons, Tithes, Annuities, Offices, Commons,
Franchifes, Privileges, Services, &c. 1 Inft. 9. 49
There is alſo feveral Inheritance, which is where two
or more hold Lands feverally; if two Men have
Lands given to them and the Heirs of their two
Bodies, thefe have joint Eftate during their Lives;
but their Heirs have ſeveral Inheritances. Kitch. 155.
Without Blood none can inherit; and therefore it is
that he who hath the whole and entire Blood, fhall
have an Inheritance before him who hath but Part of
the Blood of his Anceftor. 3 Rep. 41. The Law of
Inheritance prefers the firft Child before all others;
the Male before the Female; and of Males the
first born, &c. And as to Inheritances, if a Man
purchaſes Land in Fee, and dies without Iffue, thofe
of the Blood of the Father's Side fhall inherit, if
there be any; and for Want of fuch, the Land
fhall go to the Heirs of the Mother's Side: But if
it come to the Son by Defcent from the Father, the
Heirs of the Mother fhall not inherit it. Plowd. 132.
Lit. 4. 12. Goods and Chattels cannot be turned
into an Inheritance. 3 Inft. 19, 126. Sec Defcent and
Fee-Eftate.
in that Year wherein the rest of the fame Field lies
fallow and common. It is called in the North of
England an Intock, and in Oxfordsbire a Hitchin; and
no fuch Inhoke is now made without the joint Con-
fent of all the Commoners, who in moft Places have
their Share by Lot in the Benefit of it, except in
fome Manors, where the Lord has a fpecial Privi-
lege of fo doing. Kennet's Paroch. Antiq. 297, &:
and his Gloffary.
Injun&tion, (Injunctio) Is a Kind of Prohibition
granted in divers Cafes; it is generally grounded
upon an Interlocutory Order or Decree out of the
Court of Chancery or Exchequer, to ftay Proceedings
in Courts at Law; and fometimes it is iffued to the
It is likewife
•
fometimes uſed to give Poffeffion to a Plaintiff, for
Want of the Defendant's Appearance, and may be
granted by the Chancery or Exchequer to quiet Pof-
feffion of Lands; alfo where a privileged Perfon of
the Chancery is fued elſewhere; and to ftay Wafte,
&c. Injunction lies. If a Defendant by his Anſwer
in Chancery, fwears a certain Sum of Money is due
to him, the Court will often not grant an Injunction,
unless the Money be brought into Court: And an
Injunction is obtained by Order, either upon Matter
confefs'd, or upon fome Matter appearing of Re-
cord, or by Deed, Writing or other Evidence
fhewn in Court, from whence there is a Probabili-
ty that the Party ought to be diſcharged in Equi
ty; and fometimes it is granted before Anfwer,
when 'tis ufually only until Anfwer, and further
Order, &c. A Delay of Proceedings for a confi
derable Time, is good Caufe for fetting afide and
diffolving an Injunction to stay Proceedings at Law;
but an Injunction may be revived on Caufe fhewn,
and fometimes the Court will revive it tho' diffo!-
ved, where the Plaintiff's Cafe is hard, or Equity
is evidently on his Side. Pract. Sol. 124, 125 If an
Injunction be for staying of Wafte, there must be
Affidavit made of Wafte committed in Houfes,
Lands, &c. belonging to the Complainant: And if
it be to ftay Suits in other Courts, it is granted on
fuggefting fome Matter, by Reafon of which the
Complainant is not able to make his Defence in the
other Court, as for Want of Witneffes, &c. or for
that he is profecuted at Law for what in Equity he
ought not to pay; or that the other Court acts er-
roneoufly, denies him fome rightful Advantage, and
that if the Rigour of the Law takes Place, it is
against Equity and good Confcience, &c. Ibid. If
an Attorney proceeds at Law, after he is ferved
with an Injunction to ftay Proceedings, on Affidavit
made thereof Interrogatories are to be exhibited
against him, to which he must answer on Oath; and
if it appears that he was duly ferved with the In-
Inhibition, (Inhibitio) Is a Writ to forbid a Judge junction, and hath proceeded afterwards contrary
from farther Proceeding in a Caufe depending be- thereto, the Court of Chancery will commit the Ar
fore him, being in Nature of a Prohibition. 9 Ed. 2.torney to the Fleet-Prifon for the Contempt. a Lill.
24 Hen. 8. c. 12. 15 Car. 2. c. 9. F. N. B. 39. | Abr. 64. But if an Injunction be granted by the
An Inhibition is most commonly iffuing out of a Court of Chancery in a Criminal Matter, the Court
Higher Court Chriftian to an inferior, upon an Ap- of B. R. may break it, and protect any that pro
peal: And Inhibitions are likewiſe on the Vifitations
of Archbishops and Bishops, &c. This Inhibition is
either Hominis or Juris; 'tis Ne vifitationem facias,
vel aliquam furifdictionem Ecclefiafticam contentionem
vel voluntariam habeas: Thus when the Archbishop
vifits, he inhibits the Bishop; and when a Biſhop vi- |
fits, he inhibits the Archdeacon; and this is to pre-
vent Confufion, and continues till the laft Parish is
vifited. Now after fuch Inhibition by an Archbishop,
if a Lapfe happens, the Bishop cannot inftitute,
becauſe his Power is fufpended; but the Archbishop
is to do it, &c. 2 Inft 601. Pafch.-13 Car. B. R.
3 Salk. 201,
C. J.
Inhoc, or Inhoke, (From In, within, and boke a
Corner or Nook) Signifies any Corner or Part of a
ceed in Contempt of it. Mich. 2 Ann. Mod. Caf. 18.
If a Caufe at Law be at Iffue, the Injunction may
give Leave to go to Trial, and ftay Execution, &c.
The Writ of Injunction is directed to the Party pro-
ceeding, ac omnibus & fingulis Confiliar. Attorn Solli
citat' fais quibufcunque, &c. and concludes, Injungen'
Præcipimus quod ab omni ulteriori profe:utione quacunque
ad communem Legem de, pro vel concernen, aliquib. Mate
riis in querimon. content. c. defiftatis & quilibet veftrum
defiftat, fub pœn. &c.
Jujury, (Injuria) Is a Wrong or Damage to a
Man's Perfon or Goods. The Law punisheth Inju
ries; and fo abhors them, that it grants Writs of
Anticipation for their Prevention, in Cafes of Com-
binations and Confederacy, &c. Stud. Comp. 93. Bur
the
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the Law will fuffer a private Injury rather than a
publick Evil; and the Act of God, or of the Law,
doth Injury to none. 4 Rep. 124. Co. Rep. 148.
Inlagation, (Inlagatio, from the Sax. In lagiam,
i. e. Inlagare) Signifies a Reftitution of one
lawed, to the Protection of the Law, and Benefit
of a Subje&t. Braft. lib. 3. tract. 2. cap. 14. Leg.
Canut. par. 1. c. 2.
Jnlagh, (Inlagatus, vel Homo fub Lege) Is he that
is of fome Frank Pledge, and not Outlawed: It feems
to be the contrary to Utlagh. Bract. tract. 2. lib. 3.
C. II.
Juland, Is faid to be Terra Dominicalis, pars Ma-
nerii Dominica, terra interior vel inclufa; for that
which was let to Tenants was called Outland. In an
antient Will there are thefe Words; To Wulfee
give the Inland or Demeans, and to Elfey the Utlands
or Tenancy. Teftam. Britherici. This Word was in
great Ufe among the Saxons, and often occurs in
Domesday.
Juland Trade, A Trade wholly managed at
Home in one Country. Merch. Di&t.
Juleafed, (From the Fr. Enlaffe) Intangled or
enfnared; it is used in the Champion's Oath, 2 Inft.
Man might erect and keep an Inn or Alehoufe to
receive Travellers, but now they are to be licenſed
and regulated by Statute, by Juffices of Peace, who
are to take Recognizances for keeping good, Orders,
out-c. 56 Ed. 6. c. 25. And if the Keeper of an Inn
harbours Thieves of Perfons of a fcandalous Repu-
tation, or fuffers frequent Diforders in His House;
or fets up a new Inn, in a Place where there is no
Manner of Need of one, to the Hindrance of other
antient and well governed Inns; or keep it in a Si-
tuation wholly unfit for fuchi a Purpofe, he may by
the Common Law be indicted and fined. H. P. C.
H.P.C.
146. Dalt. 33,34. Inn-keepers not felling their Hay,
Oats, Beans, &c. and all Kinds of Victuals for Man
and Beaft, at reafonable Prices, Having Refpect to
Ithe Price fold in the Markets adjoining, without
taking any Thing for Litter, they fhall be fined for
the first Offence, and for the fecond be imprisoned
for a Month; and for the third ftand on the Pillory,
&c. Sat, 21 Fac, 1. c. 21. Rates and Prices may
be fet on all Commodities føld by Inn-keepers; and if
they extort any unreaſonable Rates, they may be
indicted. 2 Cro. 609. Carthew 150. If one who keeps
a common Inn, refufe to receive a Traveller as´a
Guet into his Houſe, or to find him Viêuals or
Inmates, Are thofe Perfons that are admitted Lodging, upon his tendering a reaonable Price for
to dwell with and in the Houſe of another, and not the fame; the Inn-keeper is liable to render Damages,
being able to maintain themſelves. Kitch. 45. Thefe in an Action at the Suit of the Party grieved, and
Inmates are generally idle Perfons harboured in Cot-may alfo be indicted and fined at the Suit of the
tages; wherein it hath been common for feveral King: And it is faid, he may be compelled by the
Families to inhabit, by which the Poor of Parishes Conftable of the Town to receive and entertain fuch
have been increafed; but fuffering it is an Offence a Perfon as his Gueſts; and that it is not material
By Satute, liable to a Forfeiture of 10s. a Month, whether he have any Sign before his Door or not,
inquirable of in the Court Leet, &c. Stat. 31 Eliz. if he make it his common Bufinefs to entertain Tra-
c. 7. If one have a Houfe wherein he dwells, and vellers. 1 Hawk. P. C. 225. Action of the Cafe on
lets Part of it, fo that there are feveral Doors into an implied Affumpfit will lie against the Guest for
the Street; it is now as two Houfes, and the Un-Things had, where the Inn-keeper is obliged by Law
def-Tenant ſhall not be accounted an Inmate: But
tis otherwife if there be but one outer Door for
both Families. 2 Co. Inft. 378. A Man keeps his
Daughter that is married, and her Husband, &c. by
Covenant, and they have fome Rooms in his Houfe,
they are not Inmates; though if they live in onc
Cottage, and part the Houfe between them, and
Diet themſelves feverally, they will be Inmates with-
in the Statute. Kitch. 45. If a Perfon take another
to Table with him; or let certain Rooms to one to
dwell in, if he be of Ability, and not poor, he is
no Inmate. Ibid. See Cottage.
247.
|
to furnish him with Meat, Drink, &c. And when
a Gueft calls for any Thing at an Inn, the Inn-keeper
may justify Detaining of a Horfe, or other Thing,
till he is paid his juft Reckoning. Dyer 30. By the
Cuftom of the Realm, if a Man lies in an Inn one
Night, the Inn-keeper may detain his Horfes until he
is paid for the Expences; but if he gives the Party
Credit for that Time, and lets him depart without
Payment, then he hath waived the Benefit of the
Custom, and mult rely on his other Agreement.
Trin. 9 Geo. 1. Mod. Caf. in L. & E. 172. A Perfon
brings his Horfe to an Inn, and leaves him in the
Stable there; the Inn-keeper may keep him till the
Owner pay for the Keeping: And if he eat out as
Innings, Lands recovered from the Sea in Rom-much as he is worth, the Mafter of the Inn after a
ney Mar, by Draining: Antient Records make reafonable Appraiſement, may fell the Horfe and
Mention of the Innings of Archbishop Becket, Boni-pay himself. Telv. 66. But if one bring feveral
face, and others; and at this Day there is Elderton's
Innings, &c. Where they are rendered profitable
and termed Gainage Lands. Vide Law Sewers 31.
Junonia, (From the Sax. Innan, i. e. Intus) An
Inclosure. Spelm. Gloff.
Junamum, A Pledge Innama non capiantur,
nifi per communem affenfum. Du Canges
Innotellimus. This Word and Vidimus are all
one; it fignifies Letters Patents, fo called, which are
always of a Charter of Feoffment, or fome other
Inftrument, not of Record, concluding innotefcimus
per prafentes, &c.
Horfes to an Inn, and afterwards takes them all away
but one; the Inn keeper may not fell this Horſe for
Payment of the Debt for the others, but every
Horfe is to be fold to fatisfy what is due for his own
Meat. 1 Bulft. 207, 217. If any Theft be commit-
ted on a Guelt that lodgeth in an Inn, by the Ser-
vants of the Inn, or by any other Perfons, (not the
Gueft's Servant or Companion) the Inn-keeper is an-
fwerable in Action on the Cafe: But if the Gueſt
be not a Traveller, but one of the fame Town,
Innovations, Are thought dangerous by our the Mafter of the Inn is not chargeable for his Ser-
Laws; and the ancient Judges of the Law have vant's Theft; and if a Man is robbed in a private
ever fuppreffed them, left the Quiet and Certainty Tavern, the Mafter is not chargeable. S Rep. 32,
of the Common Law should be disturbed. Co. Lit. 33. In this Action the Inn-keeper fhall not answer
379. In the Reign of King Ed 3. the Judges faid, for any Thing that is out of his Inn, but only for
we will not change the Law, which always hath fuch Things as are infra Hofpitium, the Words of the
been uſed; and in the Time of K. H. 4. they de-Writ being eorum Bona & Catalla infra Hofpitia illa
clared, it would be better that it should be turned
to a Default, than that the Law ſhould be changed,
or any Innovation made. Ibid. 303.
Janoxiare, To purge one of a Fault, and make
hìm innocent. Leg. Ethelred c, 10.
Inns, (Hofpitia) Were inftituted for Lodging and
Relief of Travellers; and at Common Law any
exiftentia, &c. But if the Inn-keeper put the Gueft's
Horfe to Grafs, without Orders for it, and the Horſe
is ftolen, he ſhall make it good. S Rep 34. The Inn-
keeper fhall not be charged, unless there be fome De-
fault in him or his Servant; for if he that comes--
with the Guest, or who defires to lodge with him,
fteal his Goods, the Hoft is not chargeable: Though
if
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مختبر
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if an Inn-keeper appoint one to lie with another, he wife than by the Innuendo, and there may be a Man
ſhall anſwer for him. 2 Shep. Abr. 334. Although whofe Name is fuftice Seawen. Mich. 35 Car. 2.
the Gueſt deliver not his Goods to the Inz-keeper to 3 Lev. 166. Alfo if one fay of another he hath for-
keep, if they be ftolen, he fhall be charged: 1worn himself, (Innuendo before Juftices of Affife, &c.)
Not where the Hoftler requires his Gueſt to put them this Innuendo fhall not make the Words actionable:
in fuch a Chamber under Lock and Key; if he fuf 1 Danv. 157. A Man fhall not be punished for Per-
fers them to be in an outward Court, &c. Ibid. Any jury, by the Help of an Innuendo. 5 Mod. 344 And
Perfon found tipling in an Inn, is adjudged within an Innuendo will not make Action for a Libel good;
the Statures against Drunkennefs, 21 Fac. 1. Car. 1. if the Matter precedent imports not Scandal, &c.
And Inn-keepers or Alchoufe keepers, permitting tip-to the Damage of the Party. Mich. 5 Ann. Where
ling in their Houfes, are liable to the Penalty of Action: lies without any Innuendo, an Innuendo fhall
19. &c. by Statute I Fac. I. c. 9. 1 Car. 1. c. 14 be repugnant and void. I Danv. 158.
See Action on the Cafe and Gueft.
1
Inoperatio, Is one of the legal Excufes to ex-
empt a Man from appearing in Court: Caufa que ad
excufationem fufficiunt, &c. hoc eft, vel Infirmitatis, vel
Domini Neceffitatis, vel contramandationis, vel Regis im-
placitationis, vel Inoperationis caufâ, viz. on the Days.
in which all Pleadings are to ceaſe, or in diebus non
Furidicis. Leg. H. 1. c. 61.
Inozdinatus, Was antiently taken for one who
died inteftate; it is mentioned in Matt. Weftm.
1246.
Juns of Court, (Hofpitii Curia) Are fo called,
because the Students therein do not only ftudy the
Laws to enable them to practice in the Courts at
Westminster; but alfo purfue fuch other Studies, as
may render them better qualified to ferve the King
in his Court. Fortefcue, cap. 49. Of thefe (fays Sir Ed
wark Coke) there are four well known, viz. The In-
ner Temple, Middle Temple, Lin oln's Inn and Gray's
Inn; which with the two Serjeants Inns, and eight
Inns of Chancery, viz. Clifford's Inn, Symond's Inn, Cle Inpeny and Dutpeny, Money paid by the Cu-
ment's, Inn, Lyon's Inn, Furnival's Inn, Staple's Inn, ftom of fome Manors on the Alienation of Tenants,
Bernard's Inn, and Thavie's Inn, (to which is fince &c. Inpeny and Outpeny confuetudo talis eft in
added New Inn) make the most famous University Villa de Eaft Radham, de omnibus Terris que infra
for Profeffion of the Law, or of any one human Burgagium tenentur, viz. Quod ipfe, qui vendiderit vel
Science in the World. Co. Litt. Our Inns of Court, dederit dictam Tenuram alicui, dabit pro exitu fuo de
or Societies of the Law, which are famed for their eadem tenurû unum Denarium, & fimile pro ingreſſu alte-
Production of learned Men, are governed by Marius & fi præditi Denarii à retro fuerint, Ballivus
fters, Principals, Benchers, Stewards, and other Domini diftringet pro eifdem Denariis in eadem Tenura.
proper Officers; and have the Chief of them Cha-Regift. Prior. de Cokesford, p. 25.
pels for Divine Service, and all of them publick
Halls for Exerciſes, Readings and Arguments,
which the Students are obliged to perform and at
tend for a competent Number of Years, before ad
mitted to ſpeak at the Bar, c. Thefe Societies
or Colleges, nevertheleſs are no Corporation, nor
have any judicial Power over their Members, but
have certain Orders among themfelves, which by
Confent, have the Force of Laws; for lighter Of
fences, Perfons are only excommoned, or put out of
Commons; for greater they lofe their Chambers,
and are expelled; and when expelled out of one
Society, fhall never be received by any of the
others. All the leffer Inns of Chancery, are moftly
inhabited by Attornies, Solicitors and Clerks, and
belong to fome or other of the Principal Inns of
Court, who have been used to fend yearly fome of
their Barrifters to read to them. Fortefiue.
ܐ܂
:
c. as
Inquest, (Inquifitio) Is an Inquifition of Jurors,
in Caufes Civil and Criminal, on Proof made of
the Fact on either Side, when it is referred to their
Trial, being impanelled by the Sheriff for that
Purpose; and as they bring in their Verdi&t, Judg-
ment paffeth; For the Judge faith, the Fury finds the
Fact thus, then is the Law thus, and fo we judge. Staundf:
P. C. lib. 3. c. 12. There is an Inquest of Office, as
well as on an Iffue or the Mife of the Party,
in Cafes of Appeals of Robbery, the fresh Suit to
entitle Reftitution of Goods, is to be enquired of by
Inqueft of Office, which Inquest is chiefly for the Sa
tisfaction of the Confcience of the Judges. 2 Hawk.
P. C. 169. Whether a Criminal be a Lunatick or
not, fhall be tried by an Inqueft of Office, returned
by the Sheriff of the County; and if it be found
by the Jury that he only feigns himſelf Lunatick,
and he refuses to plead, he fhall be dealt with as one
H. P. C. 226. 1 And. 107. Where
Innuendo, (From Innuo, to nod or beckon with ftanding mute. H. P. C. 226.
the Head to one) Is a Word ufed in Declarations a Perfon ftands mute without making any Anfwer,
and Law Pleadings, to afcertain a Perfon or Thing the Court may take an Inqueft of Office, by the Oath
which was named before; as to fay he (Innuendo the of any twelve Perfons prefent, if he do fo out of
Plaintiff) did fo and fo, when as there was Mention Malice, &c. But after the Iffuc is joined, when
before of another Perfon. 4 Rep. 17. An Innuendo is the Jury are in Court, if there be any Need for ſuch
in Effect no more than a Predict, and cannot make Inquiry, it ſhall be made by them, and not by an
that certain which was uncertain before; and the Inqueft of Office. 2- Hawk. P. C. 327. If a Perfon
Law will not allow Words to be enlarged by an Inattainted of Felony eſcape, and being retaken, de-
nuendo, fo as to fupport an Action of the Cafe for
fpeaking of them. Hob. 2, 6, 45. 5 Mod. 345. An
Innuendo may not enlarge the Senfe of Words, nor
make a Supply, or alter the Cafe, where the Words
are defective. Hutt. Rep. 44. In Slander, both the
Perfon and fcandalous Words ought to be certain,
and not want an Innuendo to make them out: If a
Plaintiff declares that the Defendant faid thefe
Words, Thou art a Thief and stoleft a Mare, &c. (In-
nuendo the Plaintiff) without an Averment that the
Words were ſpoken eidem Querenti, this is not good;
because it doth not certainly appear of whom they
were spoken, and the Innuendo doth not help it.
Pafch. 11 Car. B. R. 1 Danu. Abr. 158. And if the
Plaintiff alledge that the Defendant faid to him,
Thou art a forfworn Man, and didft make a falfe Oath
against me before Justice Scawen, (Innuendo Scawen, a
Jultice of Peace) Action doth not lie, for it is
not fhewn that Scawen was a Juftice of Peace, other-
+
nies he is the fame Man, Inqueft is to be made of it
by a Jury before he is executed. Ibid. 463, By Mag
na Charta, nothing is to be taken for Inquest of Life
or Member. 9 H 3 c. 26.
Inquirendo. This is an Authority given in ge.
neral to fome Perfon or Perfons, to inquire into
fomething for the King's Advantage. Reg. 72.
*
Inquilition, Is a Manner of Proceeding by Way
of Search or Examination, and uſed in the King's
Behalf, in Temporal Caufes and Profits, in which
Senfe it is confounded with Office. Staundf. Prerog.
51. This Inquifition is upon an Outlawry found; in
Cafes of Treason and Felony committed; upon a
Felo de fe, &c. to entitle the King to Forfeitures of
Lands and Goods: And there is no fuch: Nicety re-
quired in an Inquifition as in Pleading; becaule an
Inquifition is only to inform the Court how Procefs
fhall iffue for the King, whofe Title accrues by the
Attainder, and not by the Inquifition; and yet in the
J
Cafes
"
IN
IN
Cafes of the King and a common Perfon, Inquifitions
have been held void for Incertainty. Lane 39. 2
Nelf. Abr. 1008. It is faid there are two Sorts of
Inquifitions, one to inform the King, the other to
velt an Intereft in him; the one need not be cer-
tain, but the other muft, and where an Inquifition
finds fome Parts well, and nothing as to others, it
may be helped by Melius Inquirendum. 2 Salk. 469.
There is a judicial Writ Ad Inquirendum, to inquire
by a Jury into any Thing touching a Caufe depend-
ing in Court; and Inquifition is had upon Extents of
Land, Writs of Elegit, where Judgment is had by
Default, and Damages and Cofts are recovered, &c.
Finch 484. 2 Lill. Abr. 65.
Inquifition, Ex Officio Mero, Is one Way of
proceeding in Ecclefiaftical Courts. Wood's Inft. 596.
And formerly the Oath Ex Officio was a Sort of In-
quifition.
Infcriptiones, Were written Inftruments by which
any Thing was granted; as Infcriptiones Monafterii,
&c. Blount.
Infeftator, A Profecutor or Adverfary at Law.
Paroch. Antiq. 388.
Infervire, To reduce Perfons to Servitude: -
Si ingenuus ancillam uxorem ceperit, & fi ipfa pɔſtea fu-
erit Infervita. Du Cange.
Inletena, (Sax.) An Inditch. Infetenis, & Wa-
tergangis, &c. Ordin. Romn. Marif. p. 73.
Infidiatozes Wiarum, Are Way-Layers; which
Words are not to be put in Indictments, Appeals,
&c. by Stat. 4 H. 4. cap. 2. And before this Stature,
Clergy might be denied Felons charged generally
as Infidiatores Viarum, &c. See 23 Car. 2. c. 1.
Infignia, Enfigns or Arms. See Arms and Gen-
tility.
|
Analium, Evil Advice or Coun fel. Multaque
Inquifitors, (Inquifitores) Are Sheriffs, Coroners Regis Infilia adverfus Anglos dederunt. Sim. Dunelm.
fuper vifum Corporis, or the like, who have Power Ann. 1003. Infiliarius is an evil Counfellor: Filius
to enquire in certain Cafes; and by the Statute of Regis cum fuis Confiliariis, & Infiliariis, &c.
Weftm. 1. Inquirors or Inquifitors are included under
the Name of Miniftri. 2 Inft. 211.
|
Inamul computaffent, Is a Writ or Action of
Account, which lies not for Things certain but on-
ly for Things uncertain. Broke Acco. 81. The com-
mon Declaration upon an Infimul computaffent is to
fay, That the Plaintiff and Defendant, ſuch a Day,
Year and Place, Infimul inter fe computaverunt de Di-
verfis Denariorum fummis per ipfum (the Defendant)
eidem (the Plaintiff) prcantea ibidem debit. & infolut.
exiften Super compoto illo eidem (the Defendant) ad-
tunc & ibidem inventus fuit in Arreragiis erga eundem
(the Plaintiff in fo much) predictoque Defendente fic
in Arreragiis invent. exiften. adtunc & ibidem in Confide-
ratione inde fuper ſe Affumpfit, &fc.
Infimul tenuit, Is one Species of the Writ of
Formedon, brought against a Stranger by a Coparce-
ner on the Poffeffion of the Anccftor, c. See For-
medon.
Intinuation, (Infinuatio) Is a Creeping into a
Man's Mind or Favour covertly; mentioned in the
Stat. 21 Hen. S. cap. 5. Infinuation of a Will is among
the Civilians, the first Production of it; or leaving
it in the Hands of the Regiſter, in order to its
Probate.
Infolvent Debtors, Unable to pay their Debts,
See Debtors.
Inrollment, (Irrotulatio) Is the Regiftring or En-
tring in the Rolls of the Chancery, King's Bench,
Common Pleas or Exchequer, or by the Clerk of
the Peace in the Records of the Quarter-Seffions,
of any lawful A&t; as a Statute or Recognizance
acknowledged, a Deed of Bargain and Sale of
Lands, &c. An Inrollment of a Deed may be either
by the Common Law, or according to the Statute:
And Inrollments of Deed ought to be made in Parch-
ment, and recorded in Court, for Perpetuity's Sake.
Trin. 23 Car. Pafch. 24 Car. 1. B. R. But the In-
rolling a Deed doth not make it a Record, though
it thereby becomes a Deed recorded; for there
is a Difference between Matter of Record, and
a Thing recorded to be kept in Memory; a Re-
cord being the Entry in Parchment of Judicial
Matters controverted in a Court of Record, and
whereof the Court takes Notice; whereas an Inroll-
ment of a Deed is a private A& of the Parties con-
cerned, of which the Court takes no Cognizance at
the Time of doing it, although the Court gives
Way to it. Mich. 21 Car. 1. 2 Lill. Abr. 69. Every
Deed before it is inrolled, is to be acknowledged to
be the Deed of the Party before a Master of the
Court of Chancery, or a Judge of the Court where
in inrolled; which is the Officer's Warrant for the
Inrolling of the fame: And the Inrollment of a Deed,
if it be acknowledged by the Grantor, will be good
Proof of the Deed itself upon a Trial. Ibid. A
Deed may be inrolled without the Examination of
the Party himself; for it is fufficient if Oath is made
of the Execution of the Deed: If two are Partics,
and the Deed is acknowledged by one, the other is
bound by it: And if a Man lives in New York, &c.
and would pafs Lands in England, a nominal Perlon
may be joined with him in the Deed who may ac-
knowledge it here, and it will be binding. 1 Salk.
389. If the Party dies before it is involled, it may
be inrolled afterwards: And Inrollments of Deeds ope-
rates by Virtue of the Statute of Inrollments; but if
Livery and Seifin, &c. be had before the Inrolling,
it prevents the Operation of the Inrollment, and the
Party fhall be in by that, as the more worthy Cere
mony to paſs Eſtates. 1 Leon. 5. 2 Nelf. Abr. 1010.
Although Inrollment, or Matter of Record, fhall not
be tried per Pais, yet the Time when the Inrollment
of a Deed was made fhall be thus tried. 2 Lill. 68. | Lat. Di&.
See Bargain and Sale.
Enrollment, Is ordained in divers Cafes by Sta-
tute: Of Bargains and Sales by 27 H. 8. c. 16. Decds
in Corporations, &c. 34 35 H. S. c. 22. Of Wri-
tings in the Counties of Lancaster and Chester, &c.
Eliz. c. 26. Grants from the Crown of Felons
Goods, &c. 4 & 5 W. & M. cap. 22. Of Deeds and
Wills made of Lands of Papifts. 3 Geo. 1. c. 18.
Infpeximus, Is a Word ufed in Letters Patent
giving Name to them, being the fame with Exen-
plification, and called Infpeximus, because it begins.
Rex omnibus, &c. Infpeximus Irrotulamentum quarund.
Literar. Patent', &c. 5 Rep.
Juftallment, A Settlement, Eftabliſhing, or fure
Placing in; as Inftallment into Dignities, &c. 20 Car.
2. r. z.
Intant, (Lat. Inftans, Inftanter) Is defined by
the Logicians to be, Unum indivifibile in Tempore, quod
non eft Tempus, nec pars Temporis, ad quod tamen partes
Temporis copulantur; and though it cannot be actu-
ally divided, yet in Intendment of Law it may,
and be applied to feveral Purpofes: He who lays
violent Hands upon himfelf commits no Felony 'till
he is dead, and when dead he is not in Being fo as
to be termed a Felon; but he is fo adjudged in
Law eo Inftante, at the very Inflant of this Fact done.
And there are many other like Cafes where the
inftant Time that is not dividable in Nature, in the
Confideration of the Mind is divided. Plowden's
Com.
•
Infanter, (Lats) Inftantly or prefently. Law
Infaurum, Is uſed in antient Deeds for a Stock
of Cattle; and we read of Staurum and Inftaura>
mentum, properly young Beafts, Store or Breed. Mor.
Angl. Tom. I. pag. 548. Instaurum was commonly
taken for the whole Stock upon a Farm, as Cattle,
Waggons, Ploughs, and all other Implements of
Husbandry. Fleta, lib. 2. cap. 72. And Inftaurum Ec-
clete is applied to the Books, Veftments, and all
5. M
other
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}
other Utenfils belonging to a Church. Synod. Exeter than that of any other certain Voyage. Merch.
Ann. 1287.
Juftirpare, To plant or eftablish.
Non
fecurum eft Gentem externam & turbidam Inftirpare.
Brompt. 935.
C
L
Compan..90. Any Man may make a private Policy
of Infurance; and there is no fixed Price for the
Rates of Infuances, which rife and fall according to
the State of the Nation in Peace or War, the Sea-
Institution, (Inftitutio) Is when the Bishop fays to fon of the Year, and other various Occurrences: In
a Clerk, who is prefented to a Church Living, In- former Wars the Rates of Insurance on a good Ship,
firuo te rectorem talis Eccefie, cum Cura animarum, from London to any Port or Place in the East-Indies,
& accipe curam tuam & meam : Or it is a Faculty &c. and back, was 16 per Cent, but in the late War,
made by the Ordinary, whereby a Parfon is appro- in the Reign of K. William, the Premium of Infu
ved to be inducted to a Rectory or Parfonage. If rance for the like Voyage was about 22 per Cent. And
the Bishop upon Examination finds the Clerk pre- when a Ship hath been long miffing, and no Advice
fented capable of the Benefice, he admits and infti- can be had where the is, the Premium in Time of
tutes him; and Inftitution may be granted either by War will run very high; fometimes 30 or 40 per
the Bishop under his Epifcopal Scal; or it may Cent. but then thefe Words are inferted in the Infu-
be done by the Bishop's Vicar General, Chancellor rance, Loft or not Left; and in fuch Cafe, if it hap
or Commiffary; and if granted by the Vicar Ge- pens at the Time the Subfcription is made, that the
neral, or any other Subftitute, their Acts are taken Ship is caft away, the Infurers muft anfwer: But if
to be the A&s of the Bifhop: Alfo the Inftrument the Party that caufed the Infurance to be made, faw
or Letters Teftimonial of Inftitution may be granted the Ship wrecked, or had certain Intelligence of it,
by the Bishop, though he is not in his Diocefe; to fuch Subfcription will not be Obligatory; fo like-
which fome Witneffes fhould fubfcribe their Names. wife if the Infured having a rotten Ship, hall infure
1 Inft. 344. Clergym. Law 109. The Bishop by In- upon the fame more than fhe is worth, and after-
ftitution transfers the Cure of Souls to the Clerk; and wards going out of the Port fhe is funk or wrecked,
if he refufeth to grant Inftitution, the Party may this will be adjudged fraudulent, and not oblige
have his Remedy in the Court of Audience of the the Infurers to anſwer. Mich. 26 Car. 2. B. R. And
Archbishop, by Duplex Querela, &c. for Inftitution is wilfully Cafting away, or making Holes in the Bot-
properly cognisable in the Ecclefiaftical Court: tom of a Ship, &c. with Deſign to prejudice any In-
Where Inftitution is granted and fufpected to be void furers, Merchants, &c. is made Felony by Stat. 1´Ann.
for Want of Title in the Patron, &c. a Superinftitu- and 11 Geo. I. Subfcriptions for Infurances are ge-
tion hath been fometimes granted to another, to try nerally for certain Sums; as 100l. or 500 1. &c. at
the Title of the prefent Incumbent by Eje&tment. the Premium current; and if a Man inſures Goods
2 Roll. Abr. 220. 4 Rep. 79. Taking a Reward for to the Value of 5000l. and he hath but 2000 / re-
Inftitution incurs a Forfeiture of double Value of mitted, now he having infured a real Adventure, if
one Year's Profit of the Benefice, and makes the a Lofs happens, by the Law Marine, all the Infurers
Living void. Stat. 31 Eliz. c. 6. On Inftitution the are compellable to answer pro rata: Though this is
Clerk hath a Right to enter on the Parfonage-house more by the Cuſtom of Merchants than by Law;
and Glebe, and take the Tithes; but he cannot and by fome Opinions, only the firft Subfcribers,
grant, let, or do any A&t to charge them, 'till he who underwrit fo much as the real Adventure a-
is inducted into the Living: He is compleat Par-mounted to, are to be made liable, and the Reſt to
fon as to the Spiritualty, by Inftitution; but not as to have their Premiums deducted, and be difcharged.
the Temporalty, &c. By the Inftitution he is only Grot. Introd. Fur. Holl 212. If a Merchant freights
admitted ad Officium, to pray and preach; and is out Wool, . which occafions a Forfeiture of Ship
not entitled ad Beneficium, until formal Induction. and Lading; or if he lades contraband Goods
Plowd. 528. The Church is full by Inftitution againft knowingly, and afterwards infures the fame, and
all common Perfons, fo that if another Perfon be they are feifed by the King's Officers; the Infurers
afterwards indu&ted, it is void, and he hath but a are not liable to bear the Lofs: But if Goods infured
meer Poffeffion; but a Church is not full againſt are not contraband at the Time of the Lading and
the King till Induction. 2 Inft. 358. 1 Roll. Rep. 151. Infurance, and after become fuch, if they are then
When a Bishop bath given Inftitution to a Clerk, he feifed, the Infurers are anfwerable. 12 Car. 2. 32.
iffues his Mandate for Induction; and if the Arch- And if Goods and Merchandiſe be lawfully infured,
biſhop ſhould inhibit the Archdeacon to indu&t the and afterwards the Ship becomes difabled, by Rea-
Clerk thus inftituted, he may do it notwithstanding.fon of which, with the Confent of the Supercargo
4 Rep. The firft Beginning of Inftitutions to Bene-
fices, was in a National Synod held at Westminster,
Anno 1124. For Patrons did originally fill all
Churches by Collation and Livery; till this Power
was taken from them by Canons. Selden's Hift. of
Tithes, cap. 6 & 9 pag. 375. See Induction.
+
Jufuper, Is used by Auditors in their Accounts in
the Exchequer; as when fo much is charged upon a
Perfon as due on his Account, they fay fo much
remains infuper to ſuch an Accountant. 21 Fac.
cap. 2.
•
or Merchant, they are re-laden into another Vef
fel; and that Veffel proves the Ship of an Enemy,
by Reafon of which, on her Arrival, fhe is ſub-
ject to Seizure; in this Cafe it is faid the Infurers
are liable, for that is an Accident within the Inten-
tion of the Policy of Infurance, which mentions
Dangers of Seas, Enemies, c. Yet where Goods are
infured in a Ship bound to any foreign Port, and in
the Voyage fhe happens to be leaky or receive o-
1.ther Damage, and another Veffel is freighted for
the Prefervation of the Goods; and then the fecond
Infurance, Is where a Man for a Sum of Money Veffel is loft at Sca, it is faid the Infurers are dif-
paid him by a Merchant obliges himself to make charged without a ſpecial Claufe to make them liable.
good the Lofs of a Ship, &c. fo far as the Value of Lex Mercat. or Merch. Compan. 93. If a Ship be in-
the Premium extends. Infurances are either Publick fured from the Port of London to any foreign Place,
or Private; the first done at the publick Office of and before the Ship breaks Ground fhe happens to
Affurance, and the Latter agreed upon between take Fire, and is confumed, the Infurers are not
Merchant and Merchant in private: And all In-obliged to anfwer, unless the Words of the Inſurance
furances, whether publick or private, muſt be made
upon the Ship, or on the Goods, or upon Ship and
Goods: And fome Infurances are to Places certain,
and others General; in trading Voyages, where
Ships deliver their Goods, at one Port, and take in
fresh Cargoes, and then proceed to other Places,
which being dangerous, the Premium runs high
are At and from the Port of London; for the Adven-
ture did not commence till the Ship was gone from
thence: Though if the Ship had broken Ground,
and afterwards been driven by Storm back to the
Port of London, and there had took Fire, the Infurers
muft anfwer. Rot. Scaccar, 15 Car. 2. Goods are folen
or imbezilled on Ship board, the Mafter, and not
the
२
}
1
3
IN
IN
:
of the faid Ship, &c. or any Part thereof, without Pre-
judice to this Infurance; to the Charges whereof we the
Infurers will contribute each of us according to the Rate
and Quantity of his. Sum herein affured. And fo we the
Infurers are contented, and do hereby promife, and bind
ourselves, each for his own Part, our Heirs, Executors,
Goods and Chattels, to the Infüred, their Executors, Ad-
miniftrators and Affigns, for the true Performance of the
Premises, confeffing ourselves paid the Confideration due
to us for this Infurance, by, &c. at and after the Rate
of, &c. per Cent. and in Cafe of Lofs, to abate, &c.
And to pay without farther Proof, &c. more than this
prefent Policy, any Ufe or Custom to the contrary notwith-
standing. In Witness, &c.
the Infurers are liable: And when Infurers are to an- Factors, Servants and Affigns, to fue, labour, and travel
fwer, and it happens that fome Part only of the Ef-for, in and about the Defence, Safeguard, and Recovery
fects infured are loft, as in the Cafe of Ejections in a
Storm, or other fuch Accidents; then the Infurers
make an Average of it, and each. Man pays fo much
per Cent. in Proportion to the Sum for which he fub-
fcribed. If a Ship arrives fafe, after the Adventure
is born, generally the Infurers receive their Money;
but if a Lofs happens, the Premium is deducted with
the ufual Abatement, and the Infured receive about
So per Cent. &c. And when Advice is received of the
Lofs of the Ship or Goods, Application is to be made
to the Infuvers, and the Vouchers to be produced;
with which, if they are fatisfied, they will pay the
Money; but if they have reaſonable Ground to
fcruple it, the Infured must wait a convenient Time,
till the Infurers can obtain a more fatisfactory Advice;
or if nothing can be heard of the Ship in any rea- By 43 Eliz. c. 12. an Office of Infurance was erect-
fonable Time, the Infurers are obliged forthwith to ed for deciding of Differences arifing upon Policies
pay the Money Tho' if after that the Ship fhall of Infurance in London; and a Court was to be held
arrive in Safety, the Money is to be returned them for that Purpofe by Virtue of a Standing Commif
by the Infured. Merch. Compan. 91, 96, 97. A Mer-fron iffued out by the Lord Chancellor to the
chant having infured the greatest Part of the Adven-
ture of a Ship, if Advice is received of a Lofs, but
with Hope of Recovery, whereby fuch Merchant
would have the Affiftance of the Infurers; he has a
Privilege to make a Renunciation of the Lading to
the Infurers, and to come in himself in the Nature
of an Infurer, for fo much as fhall appear he hath
born the Adventure of, beyond his Part of the Va-
lue infared. Infurance may be made on Men's Heads;
as where a Man is in Danger of being taken into
Slavery by the Moors, whereby a Ransom must be
paid for his Redemption, he may advance a Premium,
in Confideration of which the Infurer must answer
the Ranfom fecured, if there be a Caption. Mich.
29 Car. B. R. Alfo Mens Lives may be insured at
Land: And Policies of Infurance are uſed in other
Matters, where Damage is feared; in Cafe of Houfes
or Goods, from Lofs by Fire, &c.
•
+
.
Form of a Policy of Infurance.
Judge of the Court of Admiralty, the Recorder of
London, two Doctors of the Civil Law, and two
Common Lawyers, and eight Merchants; which
Commiffioners were to meet weekly, and to have
Power to fummon and examine Witneffes, and hear
and dermine all Caufes in a fummary Way, fut-
jet to Appeal to the Lord Chancellor, &c. And by
Stat. 14 Car. 2. c. 25. feveral additional Privileges
were granted to this Court, which was a Court of
Equity, as well as of Law; but now there is no
fuch Court in Being, and Caufes of this Nature arc
tried in the ordinary Courts. The 6 Geo. 1. c. 18.
empowers his Majefty to grant two Charters for
Infurance of Ships and Merchandize, &c. and to in-
corporate the Adventurers, in Confideration of a
large Sum of Money advanced; and all other Cor-
porations for Infurance, and their Policies, are de-
clared void. By 11 Geo. 1. c.30. Policies of Infu-
rance ſhall be made our and ftamped in three Days
after Ships are infured, on Pain of 100 % and promif
fory Notes for Infurance fhall be void, and nothing
recovered thereon. Where any Perfon undertakes
the Infuring of Wool to be tranfported or agrees to
pay Money for fuch Inſurance, he is liable to forfeit
500 1. But one may be diſcharged of this Penalty,
and have likewife the whole Forfeiture, on difco-
vering, and convicting the other guilty Party, in
fix Months. Stat. 12 Geo. 2. c. 21.
i
Jutakers, Were a Kind of Thieves in the
Northern Parts of England, ſo called, becauſe they
did take in and receive fuch Booties as their Confe-
derates the Outpartner's brought to them from the
Borders of Scotland; they are mentioned 9 H. 5.
cap. 7.
NOW all Men by these Prefents, That A. B. of,
&c. Merchant, as well in his own Name, as
for and in the Name and Names of all and every other
Perfon and Perfons, to whom the fame may or shall ap-
pertain, doth make Affurance and hereby caufe himself and
them, and every of them, to be infured, loft or not loft, at
and from the Port of London' to, &c. in the Kingdom of,
Stc. and at and from thence back to London, upon the
Body, Tackle, Apparel, Ordnance, Munition, Artillery,
and other Furniture of and in the good Ship Elizabeth,
Burden, &c. or thereabouts, whereof, &c. is Mafter, and
also upon all Kinds of Goods and Merchandizes jhioped on
Jutendment of Law, (Intellectus Legis) The Un-
board the faid Ship; beginning the Adventure upon the
faid Ship and Goods, from and immediately following the derftanding, Intention, and true Meaning of the
Day of the Date hereof, and fo to continue and endure, un Law. Co. Lit. 78. Intendment fhall fometimes fupply
til the ſaid Ship, with her faid Tackle, Apparel, &c. shall that which is not fully expreffed or apparent, and
he arrived back at London, and bath there moored at An- when a Thing is doubtful in fome Cafes, Intendment
chor twenty-four Hours. And it fall be lawful for the may make it out; alfo a great many Things fhall-
faid Ship in this Voyage to proceed and fail to, and touh be intended after Verdict, in a Caufe, to make a
and flay at, azy Ports or Places whatsoever, especially at, good Judgment: But Intendment cannot fupply the
&c. without Prejudice to this Infurance; and the faid Want of Certainty in a Charge in an Indictment
2 Hawk. P. C. 227,
Ship and Goods, &c. for ſo much as concerns the Infured, for any Crime, &c. 5 Rep. 121.
is and shall be rated and valued at, &c. Sterling, with- 441. Sometimes a Thing is neceffarily intended by
out further Account to be given by the Affureds for the fame. what precedes or follows it; and where an indif-
And touching the Adventures and Perils, which we the ferent Conftruction may have two Intendments, the
Infurers are content to bear, and do take upon us, they are Rule is to take it moſt ſtrongly againit the Plain-
of the Seas, Men of War, Fire, Enemies, Pirates, Rovers, tiff. Show. 162. Though if a Plaintiff declares,
Thieves, Letters of Mart, and Reprisals at Sea, Arrests, that the Defendant is bound to him by Obligation,
Refraints and Detainments of all Kings, Princes and Peo-it fhall be intended that the Obligation was fealed
ple, of avhat Nation, Condition or Quality foever, Barra- and delivered: If one is bound in a Bond to ano-
try of the Master and Mariners, and all other Loffes and
Misfortunes that hall come to the Hurt or Damage of the
faid Ship, &c. or any Part thereof. And in Cafe of any
Misfortune, it fall be lawful for the Infured, their
ther, and in the Solvend. of the Bond it is not ex-
preffed unto whom the Money fhall be paid, or if
faid to the Obligor; the Law will intend it is to be
paid to the Obligee: And where no Time is limited
for
IN
IN
D
which Time nothing was done in the Churches
befides Baptifm, and Confeffions of dying People.
The Form of an Interdict, as fet down by Du Cange,
is as follows, viz.
N the Name of Christ, We the Bishop, in Behalf of
the Father, Son, and Holy Ghoft, and of St. Peter,
the Chief of the Apostles, and in our own Bebalf, do ex
communicate and interdict this Church, and all the Cha-
pels thereunto belonging, that no Man from benceforth.
may have Leave to fing Mass, or to bear it, or in any
wife to adminifter any Divine Office, nor to receive God's
Tithes without our Leave; and whofoever shall prefume
to sing or hear Maſs, or perform any Divine Office, or to
receive any Tithes contrary to this Interdict, on the Part
of God the Father Almighty, and of the Son, and of the
Holy Ghost, and on the Behalf of St. Peter, and all the
for Payment of the Money, it ſhall be intended to
be prefently paid. 2 Lill. Abr. 71. Pafch. 24 Car.
B. R. The Intent of Parties in Deeds, Contracts,
c. is much regarded by the Law; though it fhall
not take Place against the direct Rules of Law:
The Law doth not in Conveyances of Eftates, ad-
mit them regularly to pass by Intendment and Im-
plication; in Devifes of Lands, they are allowed,
with due Restrictions. Vaugh. 261, 262. Where Sei-
fin of an Inheritance is once alledged; it fhall be
intended to continue till the contrary is fhewed.
Fones 181. And a Court pleaded generally to be
held fecund. Confuetud. fhall be intended held accord-
ing to the Common Law. Com. Law. Com. Plac. 276.
Gold.b. 111. On an A& of Parliament, the Intent
may be put in Iffue; but the Common Law doth
not allow of it. Fenk. Cent. 87, 88. See Implication.
Intendment of Crimes. In ancient Times felo-Saints, let bim be accurfed and feparated from all Chri-
nious Attempts, intending the Death of another,
were adjudged Felony; for the Will was taken for
the Fact. Bract. 1. E. 3. But at this Day the Law
does not generally puniſh Intendments to do ill, if
the Intent be not executed; except it be in Cafe of
Treaſon, where Intention proved by Circumftances
fhall be punished as if put in Execution. 3 Inft. 108.
And if a Perſon enter a Houſe in the Night, with Interdied of Water and Fire, Were antiently
Intent to commit Burglary, it is Felony And by thofe Perfons who fuffered Banishment for fome
Statute, malicioufly Cutting off or Difabling any Crime; by which Judgment, Order was given, that
Limb or Member, with an Intent to disfigure, c.no Man fhould receive them into his Houſe, but
is Felony. Plowd. 474. 23 Car. 2. c. I. Where Af deny them Fire and Water, the two neceffary E-
fault and Intent to commit Robbery on the High-lements of Life, which amounted as it were to a
way, is made Felony and Transportation, fec 7 Civil Death; and this was called Legitimum Exi-
Geo. 2. c. 21. Intention of Force and Violence makes lium, fays Livy.
Riots criminal. 3 Inft. 9. Alfo where Men do Evil, Interest, (Intereffe) Is commonly taken for a
and fay they intend none; or if the Intention be on-Chattel Real, as a Leafe for Years, c. and more
ly to beat, and they kill a Perfon, they are to be
punished for the Crime donc. Plowd. 345. And if a
Man entring a Tavern, &c. commit a Trefpafs, the
Law will judge that he intended it. 8 Rep. 147. Vide
Murder.
:
Intenfione, Is a Writ that lies against him that
enters into Lands after the Death of Tenant in
Dower or for Life, &c. and holds out him in Re-
verſion or Remainder. F. N. B. 203..
Inter Canem & Lupum, Words ufed formerly
in Appeals, to fignify a Crime being done in the
Twilight, i. e. inter Diem & Noctem, &c. Plac. Trin.
7 Ed. 1. This hath divers other Denominations; as
in Herefordfbire they call it the Mock-fhadow, cor-
ruptly the Muck Shade; and in the North, Daylight's
Gate; others betwixt Hawk and Buzzard. Cowel.
Jutercommoning, Is where the Commons be-
longing to two Manors lie contiguous, and the
Inhabitants of both have, Time out of Mind, de-
paftured their Cattle in each of them, Terms de
Ley 411.
Interdit, Is an Ecclefiaftical Cenfure, by which
Perfons are prohibited to hear Divine Service, or
to have the Sacraments adminiftred them, or Bu-
rial. The Canon Law, with which the Common Law
agrees,
defines it thus: Interdictio eft Cenfura Eccle
fiaftica prohibens Adminiftrationem Divinorum: And fo
it is used in the Statute 22 H. 8. c. 12. There is an
Interdict of Places as well as of Perfons; an Interdi&
of Place is when Divine Service is forbidden to be
had in fuch a Church, and is only with Regard to
that Church or Place, fo that the Perfons may be
received into another Church, though not into thein
awn; but an Interdict of Perfons follows them where
ever they remove: And by a mixed Interdict, both
the People and the Church, &c. are fubjected to
this Cenfure. Sometimes an Interdict is a general
Excommunication of a whole Kingdom or Coun-
try: And Knighton tells us, that Anno 120S, the Pope
excommunicated King John of England, and all
his Adherents, Et totam Terram Anglicanam fuppofuit
Interdicto, which begun the first Sunday after
Eafter, and continued above fix Years; during all
3
ftian Society, and from Entring into Holy Mother Church,
where there is Forgiveness of Sins; and let him be Ana
thema Maran atha for ever with the Devils in Hell
Fiat, Fiat, Fiat. Amen.
This fevere Church Cenfyre hath been of long
Time difufed.
particularly for a future Term; in which Cafe, it
is faid in Pleading, that one is poffeffed De Intereffe
Termini. Therefore an Estate in Lands is better
than a Right or Intereft in them: Though in legal
Underſtanding an Intereft extends to Eftates, Rights
and Titles, that a Man hath in or out of Lands,
&c. fo as by Grant of his whole Interest in fuch
Land, a Reverfion therein as well as Poffeffion in
Fee-fimple fhall pats. Co. Litt. 345.
Interest of Money, As diftinguished from the
Principal, what lawful, c. See Ufury.
Interlocutory Dider, (Ordo Interlocutorius) Is that
which decides not the Caufe, but only fome Inci-
dental Matter, which happens between the Begin-
ning and End of it; as where an Order is made in
Chancery, for the Plaintiff to have an Injun&tion,
. till the Hearing of the Caufe: This, or any
fuch Order, not being final, is Interlocutory.
Ordo Interlocutorius non definit Controverfiam, fed ali-
quid obiter, ad Caufam pertinens, decernit. Lanc. Inft.
Juris Canon. lib. 3.
Interlopers, Perfons that intercept the Trade of
a Company of Merchants. Merch. Dist.
Interpleader In A&tions, fee Enterpleader.
Interrogatozies, Are particular Queftions de
manded of Wineffes brought in to be examined in
a Canfe, efpecially in the Court of Chancery. And
thefe Interrogatories mult be exhibited by the Parties
in Suit on each Side; which are either direct for
the Party that produces them, or counter on Behalf
of the adverfe Party; and generally both Plaintif
and Defendant may exhibit, direct and counter, or
crofs Interrogatories, They are to be pertinent, and
only to the Points neceffary, and either drawn or
perufed by Counfel, and be figned by them ; if
they are leading, viz. fuch as thefe, Did you not do
or fee fuch a Thing, &c. the Depofitions on them
will be fuppreffed; for they fhould be drawn, Did
you fee, or did you not fee, &c. without leaning to
either Side; and not only where they point more
to one Side of the Queftion than the other; but if
they are too particular, they will be likewife fup-
preffed: The Commiffioners, &c. who examine tha
Wi neffes
IN
IN
t
1
•
for him who hath the Reverfion in Fee-fimple, &c.
after the Death of Tenant for Life, or in Dower,
c. New. Nat. Br. 509. Alſo one having ſuch a Fec
Eftate in Remainder, fhall have Writ of Intrusion;
and the Affignee of the Remainder may bring it, as
keeps the right Heir from the Poffeffion of his An-
ceftor is an Intruder punishable by Common Law; fo
he that enters upon the King's Lands and takes the
Profits, is an Intruder against the King. Co. Litt. 277.
For this Intrufion Information may be brought; but
before Office found, he who occupies the Land fhall
not be faid to be an Intruder, for IÎntrusion cannot be
but where the King is actually poffeffed, which is
not before Office; though the King is entitled to
the mefne Profits after the Tenant's Eftate ended.
Moor 295. By Stat. 21 Fac. 1: cap. 14. the Defen-
Witreffes on the Interrogatories, muft examine to one
Interrogatory only at a Time; they are to hold the
Witneffes to every Point interrogated; and take what
comes from them on their Examinations, without
asking any idle Queftions, or putting down any
impertinent Anfwers not relating to the Interroga-well as an Heir, &c. Ibid. As he that enters and
ries, &c. Practif. Attorn, firſt Edit. 225. See Depo-
fitions.
Intertiare, In the Saxons Laws fignified to fe-
queſter, or put into a third Hand; as when any
Thing was ftolen and fold to another, and after-
wards demanded by the right Owner of him in
whofe Poffeffion it was found; it was then ufual to
fequefter the Thing to a third Perfon, who was al-
lowed to keep it till the Buyer produced the Seller,
and fo on to the Thief. Leg. Ina, c. 27, 52. LL. Ed.
Confell. c. 25.
Inteftates,
making any Weftati) Thoſe that die without dants may plead the General Iffue in Informations
making any Will or Difpofition of their Eftates.
Formerly he who died Inteftate was accounted by
the Churchmen damned, becauſe he was obliged
by the Canons to leave at leaft a tenth Part of his
Goods to pious Ufes, for the Redemption of his
Soul; and whoever neglected fo to do, was ad-
judged to take no Care of his Salvation; and no
Difference was made between a Suicide and an In-
teftate; for as the one forfeited his Goods to the
King, fo by the other they were forfeited to the
of Intrusion, brought on Behalf of the King, and
retain their Poffeffion 'till Trial; where the King
hath been out of Poffeffion, and not received the
Profits for twenty Years: And no Scire facias fhall
Iffue, whereupon the Subject fhall be forced to fpe-
cial Pleading, &c.
A Writ of Intrusion.
EORGE the Second, &c. To the Sheriff of
chief Lord: But becauſe it often happened by fud-→ W. Greeting: Command A. B. that he render to
C. D. one Meffuage and two Acres of Land with the Ap-
purtenances in, &c. which he claimeth to be his Right and
Inkeritance, and into which the faid A. bath no Entry but
by Intrusion, which into that he made after the Death of
L. B. to whom R. D. Father or Brother of the faid C.
whofe Heir he is, that demifed for the Life of the faid
L. B. as he faith, &c.
287011
Intrusion de Gard, Was a Writ that lay where
the Infant within Age entered into his Lands, and
held out his Lord. Old. Nat. Br. 90.
den Difeafes, that People died without making any
Diftribution of their Goods to pious Ufes; there-
fore by fubfequent Canons, the Bishops had Power
to make fuch a Difpofition, as the Inteftate himself
was bound to do; and 'tis faid by this Means the
Spiritual Court came first to have Jurifdi&tion in
Teftamentary Cafes. Matt. Parif. Anno 1190. By
the Stat. Weftm. 2. Goods of Inteftates were to be
committed to the Ordinary, to anfwer the Debts of
the Deceas'd, &c. And the 22 & 23 Car. 2. cap.
10. appoints a Diftribution of Inteftate's Eftates, af-
ter Debts and Funeral Expences are paid, among
the Wife and Children of the Deceas'd; or for
Want of fuch, the next of Kin, &c. And the A&t
of Parliament doth immediately, upon the Death
of the Inteftate, veft an Intereft in the Perfons in- Inbadíare, To engage or mortgage Lands; and
titled; fo that if any one dies before the Diftribu- Invadiations were Mortgages of Land. Confir
tion, though within the Year, his Share fhall go to mamus eis omnes Donationes, venditiones, & Invadiati-
his Executors or Adminiftrators; and not to the ones, &c. Mon. Ang. Tom. I. pag. 478.
Survivors and next of Kin to the Inteftate. Lill. Inbadiatus, Is when a Perfon accufed of any
Abr. 487. If a Man makes a Will and Execu-Crime, on it's not being fully proved, was put fub
tors, and they refufe the Executorship, in fuch
Cafe he dies quafi Inteftatus. 2 Iņſt. 397. See Admi-
niftrators.
Inteftates Estates, Are the Goods and Chattels
of Perfons dying Inteftate. 2 Lill. Abr. 73.
Intrusione, Is the Writ brought againſt an Intru-
der; by him that hath Fee-fimple, &c. New Nat.
Br. 453.
debita fidejuffione. Blount.
Jubaliones. In the Inquifition of Serjeancies
and Knights Fees, Anno 12 & 13 of King John,
there are fome Titles called Invafiones; & Invafiones
Super Regem.
Intrare Marifcum, Signifies to drain any low Inventiones, Is ufed in antient Charters for
Ground, and by Dikes, Walls, &c. take in and re-Treafure-trove, Money or Goods found by any Per-
duce it to Herbage or Pasture; whence comes the fons, and not challenged by the Owner; which by
Word Innings. Will. Thorn.
the Common Law is due to the King, who grants
the Privilege to fome particular Subjects. Quod
habeant Inventiones fuas in Mari & in Terra. Chart.
K. Ed. 1. to the Barons of the Cinque Ports.
Intrusion, (Intrufio) Is when the Anceftor dies
feifed of any Eftate of Inheritance, expectant upon
an Eftate for Life, and then Tenant for Life dies,
between whofe Death and the Entry of the Heir,
a Stranger intrudes. Co. Lit. 227. Intrufio eft,
ubi quis, cui nullum jus competit in re nec fcintilla juris,
poffeffionem vacuam ingreditur, &c. Bract. lib. 4. cap. 2.
By which Intrusion fignifieth an unlawful Entry into
Lands or Tenements void of a Poffeffor, by him
that hath no Right unto the fame: And the Dif-
ference between an Intruder and an Abator is this,
that an Abator entreth into Lands void by the
Death of a Tenant in Fee; and an Intruder enters
into Land void by the Death of Tenant for Life or
Years. F. N. B. 203. And there is a Writ of Intrusion,
that lies where the Tenant for Life, &c. dies; but
if a Man doth intrude after the Death of fuch a Te-
nant, he in Reverfion in Tail, fhall not have this
Writ, but is put to his Formedon: For it lieth only
Inventory, (Inventorium) Is' a Lift or Schedule
containing a true Deſcription of all the Goods and
Chattels of a Perfon deceas'd at the Time of his
Death, with their Value appraiſed by indifferent
Perfons; which every Executor or Adminiſtrator
ought to exhibit to the Bishop or Ordinary at ſuch
Time as he fhall appoint. Weft. Symb lib. 2. pag. 696.
By 21 H. 8. c. 5. Executors and Adminiftrators are
required to make and deliver in upon Oath to the
Ordinary, Inventories indented, of which one Part
fhall remain with the Ordinary, and the other Part
with the Executor or Adminiftrator: And the In-
tention of this Statute was for the Benefit of the
Creditors and Legatees, that the Executor or Ad-
miniftrator might not conceal any Part of the per-
fonal Eftate from them: Though as to the Valua-
5 N
tion
}
!
IN
JO
tion it is not exclufive, but the real Value found
by a Jury; if they are undervalued, the Creditors
may take them as apprais'd, and if over-valued,
it fhall not be prejudicial to the Executor. 2 Nelf.
Abr. 1015. But tho' generally all the perfonal E-
ſtate of the Deceas'd, of what Nature or Quality
foever, ought to be put into the Inventory; yer
Goods given away in the Life-time of the deceas'd
Perfon, and actually in the Poffeffion of the Party
to whom given, and the Goods to which a Husband
is entitled as Adminiſtrator to his Wife, are not,
3 Bulftr. 355. And notwithstanding the Law requires
that the Inventory be exhibited within three Months
after the Death of the Perfon, if it is done after
wards, it is good, for the Ordinary may difpence
with the Time, and even whether it ſhall be exhi-
bited, or not; as where Creditors are paid, and the
Will perform'd, c. Raym. 470. Thefe Inventories
proceed from the Civil Law; and whereas by the
old Roman Law, the Heir was obliged to anfwer
all the Teftator's Debts, Juftinian ordained, that
Inventories fhould be made of the fubftance of the
Deceas'd, and he should be no further charged.
Juftin. Inft. Sec Executor.
cem Crucem de auro. Hoved. 724. And Walfingham
fays, that John Duke of Lancaster was invefted Duke
of Aquitane, per Virgam & Pileum, pag. 343.
Invitatozia Wenitarium, Thofe Hymns and
Pfalms that were fung in the Church to invite the
People to Prayer: They are mentioned in the Sta-
tute of St. Paul's MS.
Invoice, A particular Account of Merchandize,
with its Value, Cuftom and Charges, &c. fent by
a Merchant to his Factor or Correfpondent in an-
other Country. Stat. 12 Car. 2. c. 3.4
Jobber, Is ufed for one that buys or fells Cat-
tle for others. 22 & 23 Car. 2. And there are
Stockjobbers, who buy and fell Stocks for other Per-
fons, &c.
Jocalía, (Fr. Foyaux) Jewels; derived from the
Lat. Focus, Foculus, and Focula, which comprehend
every Thing that delighteth; but in a special and
more reftrain'd Senfe, it fignifies thofe Things which
are Ornaments to Women, and which in France they
call their own; as Diamonds, Ear-Rings, Bracelets,
c. But in this Kingdom, a Wife fhall not be en-
titled to Jewels, Diamonds, &c. on the Death of
her Husband, unless they are fuitable to her Qua-
lity, and the Husband leaves Affets to pay Debts,
. 1 Roll. Abr. 911.
Jocarius, A Jefter; as in an old Deed we read
of Focarius Dom. Abbatis; and Foculator Regis, the
King's Jefter. Domefd.
Jocus partitus, Is when two Propofals are made
to a Perfon, and he hath Liberty to chufe which
he pleafes. Nec poteft tranfigere, nec pacifci, nec
Jocum partitum facere, &c. Bract, lib. 4. tract. 1.
cap. 32.
In ventre fa mere, (Fr.) In the Mother's Belly,
relating to which there is a Writ mentioned in the
Register of Writs, and in 12 Car. 2. c. 24. Infant in
ventre fa mere, is where a Woman is with Child at
the Time of her Husband s Death; which Child, if
he had been born, would be Heir to the Land of
the Husband: And this is fometimes privily, and
fometimes open and vifible. 1 Shep. Abr. 142. And
the Law hath Confideration of fuch a Child, on
Account of the apparent Expectation of his Birth:
For a Deviſe to an Infant in Ventre fa mere, fhall be
good by Way of future executory Devife. Raym.
164. He may be vonched in his Mother's Belly;
and Action lies for Detainment of Charters from
him as Heir, &c. Hob. 222. Dyer. 186. And in all
Cafes, where a Daughter or Female, comes into
Land by Defcent; there the Son born after, fhall
ouft her and have the Land. 3 Rep. 61. Plowd. 375.
But if the Daughter and Female Heir, cometh to
Land in Nature of a Purchafer; as on a Will of
Lands given to 7. S. and his Heirs, and he hath a
Daughter when the Devifor dies, his Wife being
then with Child of a Son; in this Cafe the Daugh-Thing without their Confent; one of them may
ter fhall enjoy the Land, and not the after-born
Son. 3 Rep. 61. 5 E. 4. 6. 9 H. 7. 24.
Juberitare, To verify or make Proof of a Thing.
Leg. Ina, cap. 16.
Joinder, Is the Coupling or Joining of two in a
Suit or Action against another: Duorum in eadem
Actione conjunctio. F. N. B. 118. In all Perfonal
Things, where Two are chargeable to Two, the
one may fatisfy it, and accept of Satisfaction, and
bind his Companion; and yet one cannot have an
Action without his Companion, nor both only a-
gainft one. 2 Leon. 77. In joint Perfonal A&ions
against two Defendants, if they plead feverally,
and the Plaintiff is nonfuit by one before he hath
Judgment against the other, he is barred against
both. Hob. 180. A Covenant to Two, not to do a
bring an A&tion for his particular Damage. 2 Mod.
82. If a Man covenants with two or three feveral-
ly, which he may do, and it differs from a Bond;
here it was held, they could not join in Action of
Jubelt and Investiture, (From the Fr. Inveftir) Covenant. March. 103. But a Perfon, in Confide-
Signifies to give Poffeffion: Some define it thus, In-ration of a Sum of Money paid to him by A. and
veftitura eft alicujus in fuum jus Introductio; a Giving B, promifes to procure their Cattle diftrained to be
Livery of Seifin or Poffeffion. The Cuftoms and delivered; if they are not delivered; one joint Ac-
Ceremonies of Investiture or giving Poffeffion, were tion lies by the Parties, for the Confideration can-
long practifed with great Variety: At first Invefti-
tures were made by a Form of Words; and after-
wards by fuch Things which had moft Refemblance
to what was to be transferred; as Lands paffed by
the Delivery of a Turf, &c. which was done by the
Grantor to the Perfon to whom the Lands were
granted: But in After-Ages, the Things by which
Investitures were made, were not fo exactly obferv'd.
Ingulph, pag. 901. In the Church, it was the Cu-
ftom of old for Princes to promote fuch as they
liked to Ecclefiaftical Benefices, and declare their
Choice and Promotion by Delivery to the Perfons
chofen of a Paftoral Staff and Ring; the one a
fymbolical Reprefentation of their Spiritual Mar-
riage with the Church; and the other of their Pa-
ftoral Care and Charge, which was term'd Invefti-
ture; after which they were confecrated by Eccle-
fiaftical Perfons. Hoveden tells us, that our King |
Richard being taken by the Emperor, gave this
Kingdom to him, & Inveftivit eum inde per Pileum
fuum; and that the Emperor immediately after-
wards returned the Gift; Et Inveftivit eum per dupli-
not be divided. Style 156, 203. 1 Danv. Abr. 5. And
if one Jointenant of Goods is robb'd, both may
join in an Action: And where two Joint-owners of a
Sum of Money are robb'd upon the Highway, they
are to join in one Action against the Hundred.
Latch 127. Dyer 307. Tis otherwife if they have
feveral Properties. Ibid. Upon a joint Grievance
all Parties may join; as the Inhabitants of a Hun-
dred, c. And where an Action againſt Owners of
a Ship, in Cafe Goods damaged, &. is quafi ex Con-
tradu, it must be brought against all of them. 3 Lev.
258. 3 Mod. 321.
3 Mod. 321. 2 Salk. 440. Tho' one Partner
acts in Trade, where there are many Partners,
Actions are to be brought against all the Partners
If two Men are
jointly for his A&ts. 1 Salk. 292.
Partners, and one of them fells Goods in Partner-
fhip, Action for the Money must be brought in
both their Names. Godb. 244. But where there are
two Partners in Merchandize, and one of them ap
points a Factor, they may have feveral Writs of
Account against him, or they may join. Moor 188.
And if one of the Merchants dies, the Survivor is
to
}
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:
"
-
fign the Term to the other; and for which Caufe
one Joint Executor cannot compel his Companion to
account. Cro. Eliz. 347. Sid. 33. If one joint Execu
to bring the Action. 2 Salk. 444. If one Man calls
two other Men Thieves, they fhall not join in an
A&tion against him; and one joint Action will not
lie againſt ſeveral Perfons for Speaking the fametor
Words: For the Wrong done to one is no Wrong to
the other; and the Words of the one are not the
Words of the other. I Danv. 5. Palm. 313. So it is
in Affault and Battery. On a joint Trepafs the
Plaintiff may declare feverally; but it remains joint
till fevered by the Declaration, 2 Salk. 454. Aty: And joint Executors fhall not be charged by the
Man cannot declare in an A&tion against one Defen-
dant for an Affault and Battery, and against another
for Taking away his Goods; becaufe the Trefpaffes
are of feveral Natures. But where they are done
by two Perfons jointly at one Time, they may be
both guilty of the Whole. Styl. 153. 10 Rep. 66.
If two Men procure another to be indicted falfly
of Barretry, he may have Action against them both
jointly; and it is the fame if Two confpire to main-
tain a Suit, though one only gives Money, &c.
Latch 262..
Joint Witions. In Perfonal Actions, feveral
Wrongs may be join'd in one Writ; but Actions
founded upon a Tort, and on a Contract, cannot
be joined, for they require different Pleas and diffe-
rent Proceſs. 1 Keb. 847. 1 Ventr. 366. And where
there is a Tort by the Common Law, and a Tort
by Statute, they may not be joined; though where
feveral Torts are by the Common Law, they may
be joined, if Perfonal. 3 Salk. 203. A general Ac-
tion of Trespass, and fpecial Action of the Cafe, may
be joined in one Action: Trover and Affumpfit may
not be joined; but in an A&tion against a common
Carrier, the Plaintiff may declare in Cafe upon the
Cuftom of the Realm, and alfo upon Trover and
Converfion, for Not guilty answers to both. 1 Danv.
Abr. 4. And any Actions may be joined, where the
Plea of Not guilty goes to all. 8 Rep. 47. But as
to Carriers, fee I Ventr. 365. And judgment was
arrested in Affumpfit, in fuch a Cafe. I Salk. 10. E
jeatment and Battery cannot be joined; but after
Verdi&, where feveral Damages were found, the
Plaintiff was allowed to releaſe thoſe for the Bat-
tery, and had Judgment for the Eje&tment. I Danv. 3.
Although Perfons may join in the Perfonality, they
fhall always fever in Actions concerning the Reali-
ty; and Waste being a mix'd Action favouring of
the Reality, that being more worthy draws over
the Perfonality with it, in any Action brought.
2 Mod. Rep 62. A Perfon cannot as Adminiftra-
tor, &c. join an Action for the Right of another,
with any Action in his own Right; because the
Cofts will be entire, and it cannot be diftinguished
how much he is to have as Adminiftrator, and how
much for himſelf. 1 Salk. 10.
Joinder of Counties. There can be no Foinder
of Counties for the Finding of an Indictment: Tho'
in Appeal of Death, where a Wound was given in
one County, and the Party died in another, the
Jury ought to be returned jointly from each Coun-
ty, before the Statute 2 & 3 Ed. 6. c. 24. But by
that Statute the Law is altered ; for now the Whole
may be tried either on Indi&ment or Appeal, in the
County wherein the Death is. 2 Hawk. P. C. 323,
403. Where feveral Perfons are arraigned upon
the fame Indictment or Appeal, and feverally plead
Not guilty, the Profecutor may either take out
Joint Verive's or feveral. H. P. C. 256. But after a
Foint Venire, feveral ones cannot be taken cut.
Joint Executors, Are accounted in Law but as
one fingle Perfon, and A&ts done by any of them
fhall be taken to be the Acts of every one of them;
for they all reprefent the Perfon of the Teftator.
2 Nelf Abr. 1026. If two fuint Executors have a
Leafe for Years, one of them may fell the Term
without the other's Joining, becaufe both are pof-
feffed of it as one Perfon in Right of the Teftator;
and this is the Reaſon why one of them cannot af-
gives an Acquittance or Releafe, the other is
bound by it; as they are but one Executor to the Te-
ftator, wherefore each hath an Authority over the
whole Eftate. 2 Brownl. 183. Kelw. 23. But if a Re
leafe is procured of one joint Executor by Fraud, for
a lefs Sum than due; Relief may be had in Equi-
A&s of their Companions, any farther than they
are actually poffefs'd of the Goods of the Teftator.
Moor 620. Cro. Eliz. 318. 2 Leon. 209. Though if
joint Executors by Agreement among themfelves, agree-
that each fhall intermeddle with fuch a Part of the
Teftator's Eftate; in this Cafe cach of them fhall
be chargeable for the Whole by the Agreement as
to Receipts, &c. Hardr. 314. Alfo it has been de-
creed in Chancery, that if two or more Executors
join in a Receipt, and one of them only receives
the Money, cach of them is liable for the Whole,
as to Creditors at Law; but as to Legatees, and
thofe who claim Diftribution, who have no Rc-
medy but in Equity, the Receipt of one Executor
fhall not charge the other. I Salk. 318. Two
joint Executors cannot plead diftin&t Pleas, becauſe
their Teftator, if Living, who was but one Perfon,
on Action brought againſt him, could have but one
Plea. Raym. 123. Where two joint Executors have
commenc'd a Suit, and one of them dies pending the
Action, it fhall abate, though he fo dying had been
fummoned and fevered; the Law is the fame where
they are Defendants: And all the Executors are to
be named in an Action brought by joint Executors, or
the Action fhall abate; but where one Executor is
under Age, if it be fpecially fet forth in the Decla-
ration, it may be good, though he be not joined in
the A&tion. 2 Nelf. 1027. It is held, where thera
are two joint Executors, and one has poffeffed himself
of a Moiety of the Goods, and then dies, in that
Cafe the Survivor fhall have all. 2 P. Williams 352.
See Executors.
Joint Fines. If a whole Vill is to be fined, a
Joint Fine may be laid, and it will be good for the
Neceffity of it; but in other Cafes, Fines for Of
fences are to be feverally impos'd on each particular
Offender, and not jointly upon all of them. 1 Rol.
Rep. 33. 11 Rep. 4.2. Dyer
Dyer 211.
Joint Indictments, May be fometimes. had: If
Offences of feveral Perfons arife from a joint Crimi-
nal A&t, without any Regard to any particular per-
fonal Default or Defect of either of the Defendants;
as the joint Keeping of a Gaming-houfe; or unlaw-
ful Hunting and carrying away Deer; or for Main-
tenance, Extortion, & an Ind. &ment or Informati-
on may charge the Defendants jointly. 1 Ventr. 302.
2 Hawk. P. C. 240. When there are more Defen-
dants than one in an Information, they may not ex-
hibit a Joint Plea of Not guilty; but are to plead
feverally, that neither they nor any of them are
guilty, Erc. 21 H. 6. 20. 2 Roll. Abr. 70%.
Joint Lives. A Bond was made to a Woman
Dum fola, to pay her fo much yearly as long as fhe
and the Obligor fhould live together, &c. After-
wards the Wonian married, and Debt being brought
on this Bond by Husband and Wife, the Defendant
pleaded, that he and the Plaintiff's Wife did nor
live together; but it was adjudged that the Money
fhould be paid during their joint Lives, fo long as
they were living at the fame Time, &c. 1 Lutw.
555. And a Perfon in Confideration of Receiving
the Profits of the Wife's Lands on Marriage, du-
ring their joint Lives, was to pay a Sum of Money
yearly, in Truft for the Wife, though it was not
laid every Year during, &c. It was held, that the
Payment fhall be intended to continue every Year
alfo during their joint Lives. I Lutw. 459. Leafe
for Years to Husband and Wife, if they or any If
fue
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all his Eftate at a certain Place, fhould after his
Wife's Deceafe, come to and be equally divided a-
mong other Relations, and their Heirs for ever: In
this Cafe of Fointenancy, nothing fhall furvive but
what did originally veft in the firft Takers; and if
the Perfons all die before the Time their Intereſts
commence, the Lands will never be vested in them.
Barnardift. 396, One by Will gives the Refidue of
his perfonal Eftate to three Perfons, it is a Jointe
nancy, and the Surviver takes the whole; and where
a Surplus of fuch Eftate is deviſed to A. and B. af-
ter the Debts and Legacies are paid, on one's Dying,
it will furvive. 2 Peere Williams 347. Two or more
purchaſe Land, and advance the Money in equal
Parts, and take a Conveyance to them and their
Heirs; this makes a Jointenancy with the Chance of
Survivorship: But where the Proportions of Mo-
ney are not equal, they are in Nature of Partners;
and though the legal Eftate furvives, the Survivor
fhall be as a Trustee for the others, in Refpect of
the Sums paid by each. Abr. Caf. Eq. 291. So if
where two having purchafed jointly, afterwards one
lays out a confiderable Sum on Improvements, &c.
and dies, in Equity it fhall be a Lien on the Lands,
and a Truſt for the Reprefentative of him that ad-
fue of their Bodies fhould fo long live, has been
adjudged fo long as either the Husband, Wife, or
any of their Iflue fhould live; and not only fo long
as the Husband and Wife, &c. fhould jointly live.
Moor 339. The Word Or may be taken disjunctive
ly or diftributively for either; when the Word And,
which requires a Joining and Coupling fhall not.
Jointenants, (Simul Tenentes, or Qui conjunctim
tenent) Are thole that come to, and hold Lands or
Tenements jointly by one Title; and theſe Fointe-
nants must jointly plead, and be jointly fued and
impleaded, which Property is common to them and
Coparceners; bur Fointenants have a fole and pecu-
liar Quality of Survivorship, which Coparceners
have not; for if there be two or three Fointenants,
and one has Iffuc, and dies, he, or thofe Fointenants
that Survive fhall have the whole. Litt. 277, 280.
1 Inft. 180. They are called Fointenants, not only
becaufe Lands are conveyed to them jointly by one
and the fame Title; but for that they take by Pur
chafe only; whereas an Estate in Coparcenary is
always by Defcent. Ibid. Where a Man is feifed of
Lands and Tenements, and makes a Feoffment to
Two or more, and their Heirs; or makes a Leafe
to them for Life; or where Two or more have a
joint Eftate in Poffeffion, in a Chattel Real or Per-vanced it. Ibid. A Rent of 10l. a Year is grant-
fonal; or a joint Eftate in a Debt, Duty, Covenant, ed to A. and B. to hold to one until he marry, and
Contract, &c. it is a Fointenancy, and the Part of to the other till he is preſented to ſuch a Church
him that dieth goeth not to his Heir or Executor; it was holden they were Jointenants, and that if
but the Whole to the Survivors or Survivor: But either of them die before Marriage or Prefentment,
an Exception is to be made as to joint Merchants, the Rent ſhall furvive. 1 Inft. 180.
1 Inft. 180. If Lands are
for their Stock or Debts which they have in Part- given to two Men, and the Heirs of their Bodies,
nerfhip; which go to the Executor of him that dies, the Remainder to them and their Heirs they
by the Law Merchant, and not the Survivor. Litt. fhall be Fointenants for Life, Tenants in Common
277, 281. 1 Inft. 181. If a Father make a Deed of of the Eftate-tail, and Fointenants of the Fee fim
Bargain and Sale of Lands to his Son, To hold to ple. Co. Inf. 183. But where a Remainder is
him and his Heirs, c. to the Ufe of the Father limited to the right Heirs of two Perfons, in this
and Son, and their Heirs and Affigns for ever, they Cafe they fhall take feverally, though the Words be
are Foirtenants. 2 Cro. 83. And if the Father de- joint. 5 Rep. 8. Land is granted to a Man, and fuch
vifes Lands to his Eldeſt and other Sons, they are Woman as fhall be his Wife; here is no Fointenancy,
Fointenants and not Tenants in Common. Goldf. 28. but the Man will have the Whole: Tho' if one make
Poph. 52. And a Man having only two Daughters, a Feoffment in Fee to the Ufe of himſelf, and of
who were his Heirs, devifed his Land to them and fuch Wife as he fhall after marry, for their Lives ;
their Heirs; and it was adjudged they were Jointe- when he takes a Wife, they are Jointenants. Co. Litt.
nants, becauſe they have it by the Devife in another 188. 1 Rep. 101. One Perſon is in by the Common
Manner than the Law would have given it them, Law, and another by Limitation of Ufe, yet they
which would have been as Coparceners by Defcent; may be Fointenants by Virtue of a Deed of Grant,
but here the Survivor fhall have the Whole. Cro. &c. Fenk. Cent. 330. Lands given in the Premiffes
Eliz. 431. A Man devised Lands to his Wife for of a Deed to Three, to hold to one for Life, Re-
Life, and after her Death to his three Daughters, mainder to another for Life, Remainder to the
and the Heirs Males of their Bodies, &c. The Wife Third for Life, they are not Fointenants, but ſhall
and the two eldeft Daughters died; and it was held take fucceffively. Dyer 160. There may be a Foin-
that the furviving Daughter fhould have the Whole tenancy, tho' there is nor equal Benefit of Survi-
for her Life, the three Sifters being Fointenants for vorship on both Sides. 1 Inft. 181. When a Fee fim-
Life, and feveral Tenants in Tail of the Inheri-ple Eftate is limited by a new Conveyance, there one
tance. Lee 47. A Devife to two jointly and feve-
rally is a Fointenancy. Poph. 52. If Lands are devi-
fed to Two equally, and their Heirs, they are
Fointenants; but if it had been to Two, equally to
be divided between them, it generally makes a Te-
nancy in Common. 2 And. 17. But by Holt Ch. Ju
ftice, the Words Equally to be divided, do not make
a Tenancy in Common in a Deed, but a Fointenancy';
though they might in a Will. 1 Salk. 390. And it is
faid a Term for Years of Goods deviſed to Two
equally, makes a Tenancy in Common, and not
Fointenancy; but Land devised to Two equally,
makes a Fointenancy. 3 Cro. 697. 3 Salk. 205. A
Devife to Two equally to be divided, Habendum to
them and the Heirs of the Survivor, is a Fointe-a
nancy. Style 211, 434. Lands are given by Will to
two Perions, and the Survivor of them, and their
Heirs, equally to be divided between them Share
and Share alike; it is held that the firft Part of the
Devife makes them Jointenants for Life, and the lat-
ter Words import a Tenancy in Common, fo as they
are Tenants in Common of the Inheritance. 2 Peere
Williams 280, 282. Where a Perfon deviſed, that |
may have the Fee, and another an Eſtate for Life
but when two Perfons are Tenants for Life first,
and one of them gets the Fec fimple, there the Join-
ture is fevered. 2 Rep. 6. If a Reverfion defcend
upon one Jointenant, the Jointure is fevered, and
by Operation of Law they are then Tenants in
Common. 1 Bulft. 113. And a Diverſity has been
taken, that where the Reversion comes to the Free-
hold, the Jointure is deftroyed; but when the Free-
hold comes to him in Reverfion, and to another, it
is otherwife. Cro. Eliz. 470, 743. Two Infants are
Jointenants, and one of them makes a Feoffment of
his Moiety; this will be a Severance of the Fointe-
nany. Bro. Jointen. 13. A Fointenant in Fee grants
Leafe for Life, and then dies; it fevers the Join-
ture: Tho' if the Tenant for Life die before either
of the Fointenants, then it is in Statu quo prius. Co.
Litt. 193. If there be two Fointenants in Fee, and one
makes a Leafe for Life to a Stranger, the Freehold
and Reverſion is ſevered from the Jointure: But in
Cafe one fuch Fointenant leafes for Years, the Join-
ture of the Inheritance is not fevered; and the other
Fointenant ſhall have the Reverſion by Survivorſhip.
•
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Lut.
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•
nion: But one Fointenant cannot make a Feoffment,
or grant to another Fointenant; though he may re-
leafe: 1 Vent. 78. Raym. 187. By whatever Means
one Fointenant comes to the Effate of his Compa-
nion, by Conveyance, &c. from him, it may enure
by Way of Releaſe. 2 Cro. 649. A&tion of Trefpafs
or Trover may not be brought by one Jointenant a-
gainft his Companion, becauſe the Poffeffion of one
is the Poffeffion of the other. 1 Salk. 290. Before
the Stat. 34 Ann. c. 16. one Jointenant had no Re-
medy against his Companion to recover Damages
for what he had received more than his Share; and
a Jointenant might prejudice his Companion in the
Perfonalty, by Reaſon of the Privity and Truft be-
tween them, though not in the Reality; but that
Statute gives Action of Account to one Fointenant or
Tenant in Common, his Executors or Adminiftra-
tors, against the other as Bailiff or Receiver, his
Executors, &c. One Fointenant may diftrain for
Rent alone; and he may avow in his own Right,
and as Bailiff to the others, but he cannot avow
folely; and he may not bring Debt alone. 5 Mod.
73, 150. If a Fointenant in Fee-fimple is indebted
to the King, and dieth; the Lands cannot be cx-
tended in the Hands of the Survivor, who claimeth
not from his Companion, but from the Fcoffor, &c.
1 Inft. 185. Where there are two Fointenants, and
one is indebted to the King, and dieth, the other
fhall hold the Land difcharged of the Debt: But if
Husband and Wife have a Term jointly, and the
Husband is indebted to the King, and dieth, in
fuch Cafe the Term fhall be fubject to the Debt, be-
caufe the Husband might have difpofed of the whole
Eftate. Plowd. 321. Judgment in A&tion of Debr
Lut. 729, 1173. Two Fontenants are of a Leafe for
twenty-one Years, and one lets his Part but for
three Years, the Jointure is fevered, fo that Survi-
vorship fhall not take Place. 1 Inft. 188, 192. In
Cafe three Perfons are jointly interested in a Term,
and one of them Mortgages his third Part; by this
it has been held, the Fointenancy was fevered. 1 Salk
158. But where one Fointenant of Lands, in order
to fever the Fointenancy, and provide for his Wife,
makes a Deed of Gift of his Moiety to her; this be
ing made to the Wife, and fo void in Law, cannot
be made good. Preced. Canc. 124. If two Fointe-
nants be of a Term, and one commits Felony, or is
outlawed, &c. the Jointure will be fevered; for
the King fhall have the Moiety by the Forfeiture:
And if the Fointenancy is of perfonal Things, all
will be forfeited. Plowd. 410. Where there are
ſeveral Fointenants in Fee tail, and fome of them
fuffer a common Recovery of the Whole, the
Eſtate of the others is turn'd to a Right; and
contingent Remainders may be deſtroy'd, and a
new Eftate gained thereby. Sid. 241. And if one
Fointenant levies a Fine, it fevers the Fointenancy;
but it doth not amount to an actual Turning out of
his Companion. 1 Salk. 286. A Fointenant in Fee
makes a Leafe for Years of the Lands to begin pre-
fendly, or in futuro, and dies, it is a Severance of
the Fointenancy, and cannot be avoided by the Sur-
vivor; becaufe immediately by Force of the Leafe,
the Leffee hath a Right in the fame Land, of all
that to the Leffor belongs. Litt. 286. And it has
been held, that where a Jointenant in Fee or for
Life, makes a Leafe for Years to commence after
his Death, it is good against the Survivor. 2 Cro.
91. 2 Nelf. Abr. 1037. But it has been alfo adjud-is
ged not good. Moor 776. Noy 157. See 2 Vern.
323. If there are two Jointenants for Life, it is
faid each of them hath an Eftate for his own Life,
and for the Life of his Companion; and for that
Reaſon if one of them make a Leafe, it fhall conti-
nue not only during the Life of the Leffor, but af-
ter his Death during the Life of his Companion, as
long as the original Eftate out of which it was de-
rived: Though it hath been refolved, that fuch a
Fointenant hath only an Eftate for his own Life, and
a Poffibility of furviving his Companion to be en-
titled to his Part; and therefore if he grants over
his Eftate, that Poffibility is gone; and if he dies,
the Eftate of the Grantee fhall revert to him in
Reverfion. 1 Roll. 441. Jones 55. 3 Salk. 204, 205
If one Fointenant grants a Rent charge, &c. out of
his Part, and dies, the Survivor fhall have the
whole Land diſcharged: For he hath the Land by
Survivorſhip; and not Difcent from his Companion.
Litt. 286. 1 Co. Inft. 184. And if one Fointenant in
Fee make a Leafe for Years, referving a Rent, and
dieth; the Survivor fhall have the Reverfion, but
not the Rent, becauſe he claims by Title para-
mount. I Inft. 185. Fointenants, as to the Poffeffion
of Lands in Jointure, are feifed by Intireties of the
Whole, and of every Part equally, (and the Pof
feffion of one Fointenant is the Poffeffion of both)
but as to the Right of the Land, they are feifed
only of Moieties, and therefore if one grant the
Whole, a Moiety only paffeth. I Bulft. 3. Cro. Eliz.
809. Fointenants cannot fingly difpofe of more
than the Part that belongs to them; where they
join in a Feoffment, in Judgment of Law each of
them gives but his refpective Part; and fo it is of
a Gift in Tail, Leafe for Life, &c. And for a Con-
dition broken, they fhall only enter on a Moiety
of the Lands. 1 Inft. 186. Every Fointenant hath a
Right as to his own Share, to feveral Purpoſes, as
to give, leafe, forfeit, &c. But a Devife of Land,
whereof the Devifor is jointly feifed, is void; the
Will not taking Effe&t till after Death, and the Title
of the Survivor cometh by the Death. 1 Inft. 186.
Litt. 287. One Jointenant may leafe to his Compa-
had againſt one Fointenant for Life, who before
Execution releafes to his Companion; adjudged that
the Moiety is ftill liable to the Judgment during the
Life of the Releafor; but if he had died before Ex-
ecution, the Survivor fhould have had the Land
difcharged of the Debt and Judgment. 6 Rep. 78.
Husband and Wife were Jointenants, and Action was
brought against the Husband alone, who made De-
fault; thereupon the Wife prayed to be received;
but it was not allowed, becaufe fhe was not a Party
to the Writ; but he in Reverfion may be received,
and plead Jointenancy in Abatement of the Writ.
Moor 242. If a Feme Sole and A. B. purchaſe a
Term for Years jointly, and afterwards they inter-
marry, the Jointenancy continues. Dyer 318. 2 Nelf.
Abr. 1035. And where there are two Women Fointe-
nants of a Leafe for Years, and one taketh Husband,
and dies, the Term fhall furvive; if the Husband
hath not aliened her Part, and fevered the Jointure:
But it is otherwife in Cafe of Goods, vested in the
Husband by Marriage. 1 Inft. 185. If a Fointenant
doth not alienate his Part, to bar the Survivorship;
Fointenants fometimes enter into Covenants not to
take Advantage of cach other by Survivorship.
Wood's Inft. 148. When there are two Fointenants,
and one aliens his Part, the Alience and the other
Fointenant are Tenants in Common; for they claim
by feveral Titles. Litt. 292, 319, 321. And Join-
tenants and Tenants in Common of Inheritance, by
Statute are to make Partition, as Coparceners; alfo
Fointenants and Tenants in Common for Life or
Years, may be compelled to do the fame by Writ of
Partition, c. 31 H. 8. c. 1. 32 H. 8. c. 32. 8 & 9
W. 3. c. 31.
The King cannot be Fointenant with any Perfon,
becauſe none can be equal with him. 1 Inft. 1.
Finch 83. And a Corporation cannot be jointly feiſed
of any Eftate with another. 2 Lev. 12.
Jointures of Lands. A Jointure is a Settlement
of Lands and Tenements made to a Woman in Con-
fideration of Marriage; or it is a Covenant, where-
by the Husband or fome Friend of his, affureth to
the Wife, Lands or Tenements, for Term of her
Life: It is fo called, either because it is granted
50
Ratione
JO
JO
1
}
*
-
Cro
Ratione Functure in Matrimonio, or for that Land in
Frank Marriage was given jointly to Husband and
Wife, and after to the Heirs of their Bodies, where-
by the Husband and Wife, were made as it were
Fointenants during the Coverture. Rep. 27. By
Tome a Foixture is defined to be a Bargain and Con
tract of Livelihood, adjoined to the Contract of
Marriage; being a competent Provifion of Free-ture, is good within this Statute: Bur a Devife to a
hold Lands or Tenements, &c. for the Wife, to
take Effect after the Death of the Husband, if fhe
herſelf is not the Caufe of the Determination or
Forfeiture of it. I Inft. 36. 4 Rep. 2, 3. And to the
Making of a perfect Jointure within the Statute
27 H. S. c. 10. to bar Dower, feveral Things are to
be obferved: 1. It must be made to take Effe&t for
the Life of the Wife in Poffeffion or Profit, pre-
fently after the Deccafe of her Husband. 2. It is
to be for the Term of her own Life, or a greater
Eftate; but it may be limited to continue no longer
than fhe remains a Widow, c. 3. It must be
made for herself, and to none other in Truft for
her. 4. It is to be expreffed to be in Satisfa&tion of
her whole Dower, and not a Part of it. 5. It may
be made before or after Marriage: If it be made
before, the Wife cannot waive it, and claim her
Dower at Common Law; but if it be made after
Marriage, he may, at the Husband's Death; un-
lefs the Jointure be made by A&t of Parliament.
1 Inft. 36. 4 Rep. 1. All other Settlements in Lieu
of Fointure, not made according to the Statute, are
Fontures at Common Law, and no Bars to claim
of Dower: And a Jointure was no Bar of Dower
before this Statute; as a Right or Title to a Free-
hold cannot be barred by Acceptance of a collateral
Satisfaction. 1 Inft. 36. A Father made a Settle
ment to the Uſe of himſelf for Life, and afterwards
to the Uſe of his Son and his Wife, for their Lives,
for the Fointure of the Wife; this was adjudged no
Fointure to bar the Wife of her Dower, because it
might not commence immediately after the Death
of the Husband, who might die in the Life-time of
the Father. 2 Cro. 489. So if a Feoffment be made
to the Use of the Husband for Life, Remainder to
another for Years, Remainder to the Wife for Life
for her Jointure. Ibid. But a Feoffment in Fee upon
Condition that the Fcoffee fhall make another Feoff-
ment to the Use of the Son of the Feoffor, and to
his the Son's Wife in Tail, Remainder to the right
Heirs of the Feoffor, which Feoffment is made ac-
cordingly; this is a good Jointure within the Sta-
tute, and Bar to the Dower of the Wife. Moor 28.
An Eftate fettled in Fointure, coming from the An-
ceftors of the Wife, and not of the Purchaſe of the
Husband or his Anceſtors, is not within the Statute
II H. 7. as to Difcontinuances, Alienations, &c.
Where a Father of the intended Wife, in Confidera-
tion of Marriage, Sc. covenanted to affure Lands to
the Husband and Wife, his, the Covenantor's Daugh-
ter, and the Heirs of her Body, &c. this was held no
Fointure, within the Meaning of the Statute 11 H. 7.
c. 20. being an Advancement of the Woman by her
own Father. 2 Cro. 264. 2 Lill. Abr. So. And an Estate
in Fee fimple conveyed to a Woman for her Join-
ture, was not any Jointure within that Statute;
which never extended to Lands granted to Women
in Fee: But an Estate in Fee, conveyed to a Wo-
man for her Fointure, and in Satisfaction of her
Dower, is a Fointure within the Statute 27 H. 8.
4 Rep. 3. Yet an Eftate for Life is the ufual Join
ture: And an Eftate for Life upon Condition, may
bar the Wife if the accepts it; as a Fointure to a
Woman on Condition to perform the Hnsband's Will,
was judged good, where the Wife entered and a-
greed to the Estate. 3 Rep. 1, 2, &c. If no Inheri-
tance is referved to the Husband and his Heirs, but
the Estate is limited to the Wife for Life, or in
Tail, the Remainder to a Stranger; it is not a
Fointure within the Stat. 11 H. 7. though made by
A Hus-
the Husband or his Ancestor. Cro. Eliz. 2.
band covenanted to ftand feifed of Lands, to the
Ufe of himself and his Heirs, till the Marriage.
fhould take Effect; and afterwards to himfelf, his
Wife, and their Heirs; and it was adjudged a good
Fointure within the Statute 27 H. S. Dyer 248. A
Devife to a Wife for Life, or in Tail, for her Join-
Wife generally, without expreffing what Eftate, is
not good; becauſe it cannot be averred to be for
her Fointure. 3 Rep. 1. Though where an Affurance
was made to a Woman, and it was not expreffed to
be made for her Fointure; it was held it might be
averred to be made for that Purpoſe, which is not
traverfable. Owen 33. If Land is deviſed by the
Husband to the Wife by Will, it is but a Benevo-
lence: Yet if a Husband deviſes Land to his Wife,
for Life, &c. as a Fointure in Satisfaction of Dower,
and the accepts it after his Death, the will be bar.
A Man
red. Bro. Dow. 69. 4 Rep. 4. Dyer 220.
&c.
makes his Wife a Fointure after Marriage; and af
terwards by Will devifes, that the fhall have a third
Part of all his Lands, with her Fointure; here the
Wife will have the third Part of all as a Legacy,
and if the waves her Jointure, the may have u
third Part of the Refidue for Dower. Dyer 62. If
a Mafter in Confideration of Service done by his
Servant, grants Lands to the Servant and a Woman
he intends to marry, and the Heirs of their Bodies,
creating an Eftate-tail; this is not a Fointure; not
being a Gift of the Husband, or any of his Ance-
ftors, but of his Mafter, and in Confideration of
Service, which will not make the Husband fuch a
Purchafer as the Law requires. Moor 683. But as
to Confiderations, if an Eſtate is fettled in Jointure
upon a Woman, in Confideration of Money paid,
and alfo of a Marriage to be had; the Marriage
fhall be looked upon to be the Confideration.
Fac. 474. A Husband, Tenant in Tail, Remainder
to his Wife for Life, makes a Feoffment in Fee to
the Ufe of himself and his Wife for Life, for her
Fointure; it is no Bar to the Wife's Dower, becauſe
it may be avoided by a Remitter to her firſt Eſtate
for Life. Moor 8; 2. If Lands are conveyed to a
Woman before Marriage, in Part of her Fointure
only, and after Marriage other Lands are granted
in full; it is faid he may waive and refuſe the
Lands conveyed to her after Coverture, and retain
her firft Jointure Lands and Dower alfo. 3 Rep. 1, 5.
2 Nelf. Abr. 1039. Where a Fointure is made of
Lands, according to the Direction of the Statute of
H.'8. before Coverture, and after the Husband and
Wife alien them by Fine, fhe fhall not have Dower
in any other Lands of her Husband; but 'tis other-
wife where the Jointure is made after Marriage,
when the Wife's Eftate is waiveable, and her E-
lection of choofing comes not till the Death of the
Husband. 1 Inft. 36. A Man levics a Fine of his
Land, and it is granted back again to him and hist
Wife for her Fointure, and to the Heirs of the Huf
band; then he and his Wife levy a Fine to another
Ufe, the Wife if the furvive her Husband, will have
If the
Dower notwithstanding the Fine. 1 And 350.
Husband make a Leafe of Lands to his Friends, for
any Number of Years, in Truft for his Wife and
Children, that the fhall have 100l. a Year ou of
it, or in any fuch Manner; by this fhe may have
the Provifion, which is no Fointure, and likewife her
Dower. By Bridgman Ch. Juft. An Eftate is made
to a Husband in Tail, with Remainder to the Wife
for Life, and Remainder to others; this is not fuch
a Jointure, as with her Acceptance within the Sta-
tute will hinder her from Dower; and though the
Husband die without Iffue, it will not help it, but
the Wife fhall be endowed in his other Land: But
if the Eftate were made to the Husband and Wife
for their Lives, it would be otherwife. 13 Fac. 1.
B. R. 2 Shep. Abr. 74. After the Death of the Huf-
༣
band,
:
1
3
2
JO
I R
2
have a Writ of Fourney's: Accounts; but where in a
bates by Default of the Clerk, for any Variance or
Want of Form, in fuch Cafe he may have it. 6 Rep
10. And when an Outlawry is difcharged or re-
verfed, the Plaintiff may have Writ of Fourneys Ac-
counts; for there is no Default in him. Cro. Fac. 590.
The Writ must be brought for the fame Thing, and
in the fame Court, as the firft Writ.
band, the Wife may enter into her Jointure, and is
not driven to a real Action, as fhe is to recover
Dower by the Common Law; and upon a lawful
Eviction of her Fointure, the fhall be endowed ac-
cording to the Rate of her Husband's Lands, where-
of fhe was dowable at Common Law. 1 Inft. 37.
Stat. 27 H. 8. If ſhe be evicted of Part of her Foin-
ture, ſhe ſhall have Dower pro tanto. A Wife's
Fointure fhall not be forfeited by the Treafon of the
Husband: But Feme Coverts committing Treafon
or Felony, may forfeit their Jointures; and being
convict of Recufancy, they fhall forfeit Two Parts
in Three of their Fointures and Dower, by Statutetence, and the Patron may prefent to it. Dyer 275.
3 Fac. 1. c. 4. If a Woman conceals her Fointure,
and brings Dower and recovers it, and then fets up
her Jointure, fhe is barred of her Fointure; and by
bringing Writ of Dower for her Thirds, the Wife
waives the Benefit of Entry into Lands, fo as to
hold them in Fointure: Cro. Eliz. 128, 137. 3 Rep.
5. See Marriage.
ſhe
pfo fa&to, Is where the fame Perfon obtains
Two or more Preferments in the Church with Cure,
not qualified by Difpenfation, &c. the firft Living
is void, ipfo facto, viz. without any declaratory Sen-
And there is not only Deprivation of a Clergyman ipfo
facto; but for Crimes in ftriking Perfons in a
Church or Church-yard, the Offenders are to be
excommunicated ipfo Facto. Stat. 5 & 6 Ed, 6. c. 4.
An Eftate or Leafe may be ipfo facto void by Condi-
tion, &c. 1 Inft. 45, 215.
Jplwich, The Bailiffs and Port-men, &c. of Ipfa
Fre ad largum, To go at large, to eſcape, or be
fet at Liberty. Blount.
Jointrels or Jointuress, Is the who hath an E-wich, may tax every Houfe in reafonable Sums to
ftate fettled on her by the Husband to hold during be yearly paid, towards finding a Minifter within
her Life, if the furvive him. 17 H. 8. c. 10. 1 Inſt.
1 Inft. every Parish, and for the Reparation of the
46. When Eftates fettled on a Wife are a Jointure, Churches: Alfo the Streets there fhall be paved,
if the Jointress makes any Alienation of them by by the Landlords of Houfes, or Tertenants, under
Fine, Feoffment, &c. with another Husband, it is certain Penalties. Stat. 13 Eliz. g 24.
a Forfeiture of the fame; but if they are not a
Jointure by Law, it is otherwife. 2 Nelf. 1040. A
Fointress within the Statute may make a Leafe for Ireland, Is a diftin&t Kingdom from England, but
forty Years, if the fo long live; and alfo for fubordinate to it in Government'; and by Poyning's
Life, and be no Forfeiture, though the levies a Law enacted in Ireland, Anno 10 Hen. 7. all the Sta-
Fine Sur Cognizance de Droit, &c. Cro. Fac. 688.tutes of England, till that Time were declared in
3 Rep. 50. 1 Lill. Si. In other Cafes, if the levies a Force in Ireland; and by special Words our Statutes
Fine, it is a Forfeiture; and if a Jointress within ftill may bind the People of Ireland, notwithstand-
the Statute 11 H. 7. c. 20. fuffer a Recovery covi-ing they have Parliaments of their own, who make
noufly to bar the Heir, the Heir may enter prefent-
ly, &c. 2 Leon. 206. 1 Plowd. 42.
Jour, (Fr.) A Day, ufed in Heads of our old
Law; touts jours for ever. Law Fr. Dict.
Journal, Is a Day Book or Diary of Tranfac-
tions, ufed in many Cafes: As by Merchants and
other Tradesmen in their Accounts; by Mariners
in Obfervations at Sea, &c.
Journals of Parliament, Are not Records, but
Remembrances, and have been of no long
nuance Hcb. Rep. 109.
Laws and Statutes, being affirmed here by the King
and Council. 1 Inft. 141. 2 Inft, 2. 3 Inft. 18. In
the Proceedings of the Irish Parliament; first the
Lieutenant and Council certify to the King the
Caufes and Confiderations of all fuch Acts, as feem
good to them to be paffed in Parliament; and Li-
cence under the Great Seal of England, is had and
obtained to fummon and hold a Parliament in Ire
land: If the A&ts are affirmed, or altered or changed
Conti-here, they are tranſcribed and returned into Ireland
under the Great Seal; and all that paffes ought to
be inrolled here in the Chancery. 12 Rep. 111, 112.
Treafon committed in Ireland, by an Irish Peer, is
not triable in England, becaufe be is entitled to a
Trial by his Peers, which cannot be in England, but
Ireland. Dyer 360. But the Houfe of Lords of Eng-
land, have Power to reverfe or affirm the Decrees
of the Court of Chancery, &c. of Ireland: And the
King's Rench here may reverſe a Judgment given in
B. R. in Ireland, by directing a Writ of Error to the
Chief Juftice there, to fummon the Parry to appear
here, c. By: Statute 17 Ed. 1. c. 1. No Pardon
for the Death of a Perfon, or for Felony, fhall be
granted by the Juftices of Ireland, but at the King's
Journchoppers, Were Regrators of Tarn, which
formerly perhaps was called Fourn: They are men-
tioned in the Stat. 8 H. 6. c. 5.
Journeyman, (From the Fr. Journée, i. e. A Day,
or Day's Work) Was properly one that wrought
with another by the Day; though it is extended
by Statute to thofe alfo that covenant to work with
others in their Trades or Occupations by the Year.
5 Eliz. c. 4.
as
Journeys Accounts, (Dieta Computata) Is a Term
in the Law thus understood; if a Writ abates by
the Death of the Plaintiff or Defendant, or for falfe
Latin, Want of Form, &c. the Plaintiff fhall have
a new Writ by Fourneys Accounts, i. e. within as lit-Command, and under his Seals. By 34 Ed. 3. c. 1S.
le Time as he poffibly can after the Abatement of all Kinds of Merchandizes may be exported and.
the first Writ; and this fecond Writ fhall be a Con- imported from and to Ireland, by Aliens
tinuance of the Cauſe, as if the firft Writ had not well as Denizens: But Wool, and Woollen Ma-
been abated. Terms de Ley 414. When the new Writ nufa&tures, &c. are prohibited to be exported from
is purchaſed, which muſt be recenter, the Plaintiff is thence into foreign Parts by a modern Statute.
to recite in an Entry upon the Roll, that the And by the 32 Car. 2. c. 2. Cattle, Butter, Cheeſe,
former Writ was abated, and fhew for what: Superc. are not to be imported from Ireland into this
quo per Dietas Computat. recenter tulit quoddam aliud Kingdom, on Pain of Forfeiture to the Poor. The
Breve, &c. 6 Rep. 10. This Writ is to be brought
prefently; and fifteen Days is held a convenient
Time for the Purchaſe of the new Writ. 2 Lill. Abr.
83. 1 Lut. 297. Judicial Writs fhall never be had
by Fourneys Accounts; because they never abate for
Form. 6 Rep. 10. The Abatement of the Writ muft
be without the Default of the Plaintiff, or a fecond
Writ may not be purchafed by Journeys Accounts: If
a Writ abates for the Plaintiff's Default, in his
miftaking the Name of the Vill, &c. he fhall not
Statute 1 W. & M. c. 9. enacted and declared, That
the pretended Parliament affembled at Dublin, was
an unlawful Affembly; and that all Acts done by
them are void: All Cities, Boroughs, &c. were re-
ftored by this Statute to their Privileges, and the
Proceedings against them vacated; and all Prote-
ftants reftored to their Poffeffions, &c. By 3 W. &
M. c. 2. Members of Parliament, Officers in the
Government, Ecclefiaftical Perfons, Lawyers, &c.
in Ireland, are to take the Oaths, or be liable to
For
{
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î
IS
Forfeitures. The Statute 1 Ann. c. 32. ordains, that
Perfons educated in the Popish Religion in Ireland,
of eighteen Years of Age, fhall take the Oaths, or
be difabled to take Lands by Defcent, Devife, &c.
Proteftant Families being Palatines, fettled in Ireland,
are declared Naturalized on their taking the Oaths
to the Government. 1 Geo. I. c. 29. And by 6 Geo. I.
cap. 5. the Jurifdiction of the House of Lords in Ireland
to reverfe Judgments or Decrees given in the Courts
of that Kingdom, was wholly taken away. See Stat.
4 Geo. 2. cap. 15.
Frithmen, Coming to live in England, by an an-
tient Statute, were to give Security for their Good
Behaviour. 2 Hen. 6. c. S.
ron, Made in this Kingdom, or brought into
England and fold, fhall not be exported, on Pain
of forfeiting the Value; and Juftices affigned by
the King have Power to enquire of fuch as fell Iron
at too dear a Price, and punish them. 28 Ed. 3. c. 5.
None fhall convert to Coal or other Fuel, for the
making of Iron Metal, any Trees of fuch a Size;
or within a certain Compafs of London, under Pe-
nalties by Statute: Nor fall any new Iron Mills be
fet up in Suffer, Surrey or Kent. i Eliz. c. 15. 13 &
27 Eliz. English Iron may be exported, by Stat. 5
6 W. & M. c. 17.
·
Irony In Libels, makes them as properly Libels
as what is expreffed in direct Terms. Hob. 215.
1 Hawk 193, 194.
Irregularity, (Irregularitas) Signifies Diſorder,
or going out of Rule: And in the Canon Law, it is
uſed for an Impediment to the Taking of Holy Or-
ders; as where a Man is bafe born, notoriously de-
famed of any Crime, where he is maimed, or much
deformed in Body, &c.
Irrepleviable or Irreplebifable, That neither
may nor ought to be replevied or delivered on
Sureties. 13 Ed. I. c. 2. It is againſt the Nature of
a Distress for Rent, to be Irreplevifable. 1 Inft. 145.
Jünglafs, A Kind of Fish Glue, brought from
Ifeland, ufed by fome Perfons in the Adulterating
of Wine; but for that prohibited by Stat. 12 Car. 2.
cap. 25:
Je, (Infula) Is Land inclofed in and invironed
with the Sea, or fresh Water. There are feveral
Iſlands belonging to England; as the Ifles of Ferfey
and Guernsey, Isle of Man, &c. The Ifles of Ferfey
and Guernſey are not bound by our A&ts of Parlia-
ment, except they are fpecially named; nor do our
original Writs run into thofe Ilands: But the
King's Commiffion under the Great Seal runs there,
to redress any Injuries or Wrongs; yet the Com-
miffioners must judge according to the Laws and
Cuftoms of thofe Ifles: And for Controverfies ari-
fing in Law, among the King's Subjects in the Ifles
of Ferſey and Guernsey, &c. the King and his Privy
Council are the proper Judges, without Appeal.
4 Inft. 286, 287. Wood's Inft. 2. 458. Inhabitants of
thore Isles of Fersey and Guernsey, may import into
Great Britain, Goods of their own Growth and Ma-
nufacture, Cuſtom free. Stat. 3 Geo. I. c. 4. The
Iſle of Man is a diftin&t Territory from England, and
out of the Power of our Chancery, or of Original
Writs which iffue from thence; it has been granted
by Letters Patent under the Great Seal to divers
Subjects, and their Heirs, and hath peculiar Laws
and Cuſtoms: And in the Cafe of the Earl of Derby,
it was adjudged, that no Man had any Inheritance
in this Ile, but the Earl and the Bishop; and that
they are governed by Laws of their own, fo that
no Statute made in England did bind there without
expreſs Words, in the fame Manner as in Ireland.
1 Inft, 9. 4 Inft. 284. 7 Rep. 21. 2 And. 115. By
Statute, the Commiffioners of the 'Treaſury are im-
powered to treat with the Earl of Derby for the Pur-
chafe of all Right to the faid Island, for the Ufe of
his Majefty And no Wine, Brandy, Tobacco,
East-India Goods, &c. fhall be brought from the Ile
:
I S
of Man into Great Britain or Ireland, on Pain of For-
feiture, &c. 12 Geo. 1. c. 28. An Iſland in the Sea
that has no Owner, by the Law of Nations, belongs
to him that first finds it. Justin. Inft. lib. 2. Vide
Plantations.
det, A fmall Ifland. See Ilet.
Ifflue, (Exitus, from the Fr. Ifuer, i. c. Emanare)
Hath divers Significations in Law, as fometimes it
is taken for the Children begotten between a Man
and his Wife; fometimes for Profits growing from
Amerciaments and Fines; and fometimes for the Pro-
fits of Lands and Tenements: But it generally fig-
nifies the Point of Matter, issuing out of the Alle
gations and Pleas of the Plaintiff and Defendant in
a Caufe, to be tried by a Jury of twelve Men.
Inft. 126. II Rep. 10. The Ifues concerning
Caufes are of two Kinds; upon Matter of Fact, or
Matter of Law: An Ifue in Fat is where the
Plaintiff and Defendant have agreed upon a Point
to be tried by a Jury; and Ifue in Law is where
there is a Demurrer to a Declaration, Plca, &c.
and a Joinder in Demurrer, which is an Iſſue at
Law to be determined by the Judges. 1 Inft. 71, 72.
As to Iffues of Fact, viz. whether the Fact is true
or falfe, which are triable by the Jury, they are
either General or Special; General, when it is left
to the Jury to try whether the Defendant hath done.
any fuch Thing as the Plaintiff lays to his Charge;
as when he pleads Not guilty to a Trefpafs, &c. Spe-
cial is when fome fpecial Matter, or material Point
alledged by the Defendant in his Defence, is to be
tried; as in Affault and Battery, where the Defen-
dant pleads that the Plaintiff ftruck firft, &c. 1 Inft.
126. And when fpecial Matter is alledged by the
Defendant, both Parties join thereupon, and fo go
to a Trial by the Jury, if it be Quastio facti; or to
a Demurrer, if it be Queftio juris. There is alfo a
General Iffue, wherein the Defendant may give the
Special Matter in Evidence, for Excufe or Juftifica-
tion, by Virtue of feveral Statutes, made for a-
voiding of Prolixity and Captioufnefs of Pleading;
and upon the General Iffue in fuch Cafes, the De-
fendant may give any Thing in Evidence, which
proves the Plaintiff hath no Caufe of Action. 1 Inft.
283. Matter amounting to the General Iſſue, and
fpecial Matter of Juftification, have been joined in
one entire Plea, and held good. 3 Lev. 41.
where there is an Ifue upon Not guilty, and there
are other Iues upon Juftifications, the Trial of the
General Iue of Not guilty is but Matter of Form,
and the Subftance is upon the fpecial Matter. Cro.
Fac. 599. In real Actions, Caufes grown to Iſſue are
tried by a Jury of twelve Men of the County where
the Caufe of A&tion arifes; and in criminal Cafes,
fues ought to be tried in the County where the
Offence was committed; but this hath admitted of
fome Alteration by Statute. 3 Inft. 80, 135. 2 Rep.
93. The Place ought not to be made Part of the
fue, in a tranfitory Action; it is not material, as
it is in Real and Mix'd Actions. Trin. 24 Car. B. R.
If the Place is material, and made a Part of the
Iffue, there the Jury cannot find the Fact in another
Place, becaufe by the fpecial Pleading, the Point in
fue is reftrained to a certain Place; but upon the
General Ifue pleaded, the Jury may find all local
Things in another County; and where the Sub-
ftance of the Iue is found, it is good, and the
Finding more may be Surplufage. 6 Rep. 46. If an
fue is of two Matters in two Counties, Trial may
be in one County, by the Stat. 21 Fac. for that Sta-
tute extends to Cafes where the Matter in Iſſue a-
rifes in two Counties, and the Trial is by one only,
as well as where the Matter in Iſſue arifes in two
Places in one County, and the Trial is by one.
Every fue is to be
2 Lev. 121. 2 Nelf. Abr. 1050.
joined in fuch a Court that hath Power to try it,
otherwife the Ifue is not well joined; for if the
Caufe cannot be tried, the fue is fruitleſs, and if
•
And
it
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I
1.
IS
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ие
:
ие
-
1
-
it be tried, the Trial is coram non judice. 21 Car. Jed by the Statute of Feofails, and the Defendant
B. R. 2 Lill. Abr. 84. Where an Ifue is not joined, fhall have Judgment: So likewife where the Repli-
there cannot be a good Trial, nor ought Judgment cation is naught, and Iffue is taken upon it, and
to be given. 2 Nelf. Abr. 1042. All Iues are to be found for the Plaintiff, he fhall have Judgment.
certain and fingle, and joined upon the most mate- Cro. Eliz..455. Cro.. Fac. 312. If Ifue be taken on
rial Thing in the Caufe; that all the Matter in a dilatory Plea, &c. and found against the Defen-
Queftion between the Parties may be tried. 23 Car. dant, final and peremptory Judgment fhall be gi-
B. R. 2 Lill. 85. An immaterial Iffue joined, which ven; but it is otherwife upon a Demurrer. Raym.
will not bring the Matter in Queftion to be tried, 118. A good fue is offered to the Defendant, he
is not helped after Verdict by the Statute of Feo- ought not to plead over; and if he plead over,
fails; but there must be a Repleader: But an un- the Plaintiff fhall have Judgment. I Saund. 338,
formal fue is helped. 18 Car. 2. B. R. The Statute 318. If he does not join Ifue, but demurs, it is
32 Hen. 8. c. 30. helps Misjoining of Iffues. A Re- the fame. Lutw. A Plea being pleaded to the
pleader may be awarded after Verdict, for the Bad- Plaintiff's Declaration, and the Plaintiff's Attor
nefs and Incertainty of the Iffue: And a Judg-ney's Hand fet to it, then the fue is joined between
ment may be reverfed in Error, being on an im- the Plaintiff and Defendant, and not before: And
material ue. 2 Lutw. 1608. 2 Lev. 194. On a the Plaintiff's Attorney is alfo to be paid by the
joint Trespass by many Perfons, there must be on- Defendant's Attorney for entering the Plea; and
ly one Iffe joined: And if feveral Offences are al- for Paper-Books, in fpecial Pleadings, &c. 2 Lill.
ledged against the Defendant, he ought to take all 87, 88. And when Ifue is joined between the Par-
but one by Proteftation, and offer an Issue upon that ties, it cannot be afterwards waved, if it be a good
one, and no more, Moor 80. But in Action for Ifue, without the Confent of both Parties: But
Damages, according to the Lofs which the Plain- where the Defendant pleads the General Issue, and
tiff hath fuftained, every Part ought to be put in it is not entered, he may within four Days of the
Lue. 1 Saund. 269. In Action upon the Cafe for Term, wave that fue, and plead fpecially; and
Service done for a Time certain, the Defendant when the Defendant pleads in Abatement, he may
ought to put in Iffue all the Time alledged in the at any Time after wave his Plea of fpecial Matter,
Declaration. 2 Lutw. 268. And upon a General and plead the General Iſſue, unless there be a Rule
Iſſue in Wafte, the Plaintiff muft fhew his Title. made for him to plead as he will ftand by it. 12 W. 3.
Ibid. 1547. Though when any fpecial Point is in B. R. 3 Salk. 211. If the Plaintiff neglects to en-
fue, the Plaintiff is not obliged to fet forth any ter the Ifue, the Term it is joined, the Defendant
other Matter, Cro. Eliz. 3:20. If there are feveral in the first five Days of the next Term, may alter
Things in a Declaration, upon which an Ifue may his Plea, and plead de novo: And if the Plaintiff
be joined, and it is joined in any of them, it is will not try the Iffue after joined, in fuch Time as
good; and an Affirmative and an implied Negative he ought, by the Courfe of the Court, the Defen-
will make a good fue. Style 151, 2.10. There muft dant may give him a Rule to enter it; which if he
be in every Iſſue an Affirmation on the one Part, as does not he fhall be nonfuit, &c. 2 Lill. 84. In the
that the Defendant owes fuch a Debt, &c. and a Joining of Iffue, the Common Law requires, 1ft, a
Denial on the other Part, as that he oweth not the Plea fufficient in Law; and 2dly, a Traverſe in con-
Debt, &c. And though the Matter contradicts, yet tradictory Terms; otherwife the Verdict of the Ju-
there must be a Negative and Affirmative of it, to ry is of no Force. Jenk. Cent. 69. And if the Ten-
make a right Iſſue. I Ventr. 213. Alfo a Negative der of the fue comes on the Part of the Plaintiff,
fhould be as broad and full as the Affirmative, or it the Form of it is; And this be prays may be inquired
is no Negative to make an Ifue; as if a Defendant by the Record; or by the Country; and when on the
pleads a Grant of four Acres, and two Acres only Part of the Defendant, And of this he puts himſelf
are denied, &c. I Roll. Rep. 86. It has been held, upon the Country; and The Plaintiff likewife, &c.
that fue ought not to be joined on a Traverſe
only, without anfwering in the Affirmative, &c.
2 And. 6. 102. But where the Matter which is the
Gift or Cauſe of the Action is found, it has been
adjudged good after Verdict, though there was no
Negative and Affirmative to make the Ifue; as
where in Debt upon Bond the Defendant pleads
Payment, and concludes to the Country, without
giving the Plaintiff Opportunity to deny the Pay-
if the Jury in fuch Cafe find the Money paid,
it is good after Verdi&. Sid. 341. If feveral Iues
are joined, and the Jury give a Verdict but as to
one of them, the Whole is difcontinued: And
where there are two Iſſues joined, one good and the
other bad, if entire Damages are given upon the
Trial on both fees, it will be Error; but if feve
ral Damages are found, the Plaintiff may releafe
the bad Damages, and have Judgment for the Reft.
2 Lill. Abr. 87, 88. And it is faid Judgment may Jubilee, (Annus Jubileus) The moft folemn Time
be entered as to one Part of the Iue; and a Nolle of Festival at Rome, when the Pope gives his Blef
profequi to another Part of the fame Iffue, where it fing and Remiffion of Sins. It was firft inftituted
may be divided, Paſiḥ. 23 Car. B. R. There may by Boniface the Sth, in the Year 1300, who granted
be a Plea to Iſſue to Part, and a Demurrer to Part; a plenary Indulgence and Remiffion of Sins to all
which have no Dependance on each other. 1 Saund. thofe that fhould vifit the Churches of St. Peter
338. Where the Declaration of the Plaintiff is good, and St. Paul at Rome in that Year, and ſtay there
and the Plea of the Defendant is ill; if the Plain- fifteen Days; and this he ordered to be obferved
tiff in his Replication tender an Issue upon fuch ill once in every hundred Years; which Pope Clement
Plea, and a Trial is had, and it is found for the the 6th reduced to fifty Years, Anno 1350. and to
Plaintiff, ho fhall have Judgment. Cro. Car. 18. And be held upon the Day of Circumcifion of our Sa
when a Plea is naught, that the Plaintiff might viour: And Urban the 4th in the Year 1389, or-
have demurred upon ir, and he doth not, but takes dained it to be kept every thirty-three Years, that
Iue, and it is found for the Defendant; this is aid-being the Age of our Saviour: After which, Pope
5 P
Sixtus
ment,
M
鄂
​•
Iflues on Sheriffs, Are for Negleds and De-
faults, by Amercement and Fine to the King, levied
out of the Iſſues and Profits of their Lands; and
double or treble Iffues may be laid on a Sheriff for
not returning Writs, &c. But they may be taken
off before eftreated into the Exchequer, by Rule of
Court, on good Reafon fhewn. 2 Lill. Abr. 89. Iffues
fhall be levied on furors, for Non-appearance;
though on reafonable Excufe proved by two Wit-
neffes, the Juftices may discharge the fues. Stat.
35 Hen. 8. cap. 6. See 1 Keb. 475.
Itinerant, Itinerans) Travelling or taking a Jour-
ney: And thofe were anciently called Juftices Iti-
nerant, who were fent with Commiffion into divers
Counties to hear Caufes.
Itinerary, (Itinerarium) A Commentary con-
cerning Things falling out in Journies. Law Lat.
Dict.
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t
:
Sixtus the 6th reduced it to twenty-five Years. In
Imitation of the Grand Jubilee of Rome, the Monks
of Chrift Church in Canterbury, every fiftieth Year
invited a great Concourfe of People to come thi-
ther, and vifit the Tomb of Thomas Becket. And
King Edw. 3. in the fiftieth Year of his Age, which
was 1362, caufed his Birth-day to be obferved at
Court, in the Nature of a Jubilee; giving Pardons,
Privileges, and other civil Indulgences.
Jubileus. Becaufe when the Jubilee was firft in-
fituted, it was ordered to be kept every hundred
Years; therefore Jubilaus fignified afterwards a Man
one hundred Years old.
Judailm, Fudaiſmus) The Cuſtom, Religion, or
Rites of the Fews: Alfo the Income heretofore
accruing from the Jews to the King: And the Word
Judaifm was formerly used for a Mortgage; and
fometimes taken for Ufury. 9 Ed. 2.
-
*
Opinion, two againſt two, the Cauſe muſt be ad-
journed into the Exchequer Chamber. 3 Mod. 156. And
a Rule is to be made for this Purpoſe, and the Re-
cord certified, &c. 5 Mod. 335. In Fines levied all
the Judges of C. B. ought to be particularly named:
But Writs of Certiorari to remove Records out of
that Court, &c. are directed to the Chief Justice,
without naming his Companions. 1 H. 7. 27. Fenk.
Cent. 167. When a Record is before the Judges,
they ought ex officio to try it: And they are to take
Notice of Statutes, and of the Terms, &c. Ibid.
298, 215. No Fudge of any Court is compellable
to deliver his Opinion before-hand, in Relation to
any Quftion which may after come judicially be-
fore him. 3 Inft. 29. Judges of the Common Law,
have no ordinary Jurifdiction to examine Witneffes
at their Chambers; tho' by Confent of Parties, and
Rule of Court, they may on Interrogatories; and
Judge, (Judex) Is a Chief Magiftrate in the Law, fome Things done by Fudges at their Chambers, in
to try Civil and Criminal Caufes, and puniſh Of Order to Proceedings in Court, are accounted as
fences. He is appointed with a certain Jurifdiction; done by the Court. They are to have a Paper of
and our King hath the Nomination and Appoint- the Caufes, which are to be ſpoken to in Court,
ment of Fudges. 2 Inft. 56. A Fudge at his Creation fent to them by the Attornies the Day before ſpo-
takes an Oath, That he will ferve the King, and ken to, that they may be prepared; and where
indifferently minifter Juftice to all Men, without fpecial and doubtful Matter arifes upon reading
Refpe& of Perfons; take no Bribe, give no Coun- the Record of a Caufe, fo that the Judges are not
fel where he is a Party, nor deny Right to any, for the Prefent fatisfied of the Law, they will or-
though the King by his Letters, or by express der Paper-Books to be made and delivered them,
Words command the contrary, &c. and he is an- by the Attornies on both Sides, containing Copies
fwerable in Body, Land and Goods. 18 Ed. 3. c. 1. of the Record, that they may the better confider of
Fudex eft Lex Loquens, and ought to judge by Laws, the Matters in Diſpute. 2 Lill. Abr. 90, 91. A Fudge
and not by Examples: By Glanvil a Fudge is called fhall not be generally excepted againft, or challen-
Fufticia in abstracto, becauſe he ſhould be as it were ged; or have any Action brought againſt him, for
Juftice itself. Co. Lit. 71. 7 Rep. 4. And all the what he does as Fudge. I Inft. 294. 2 Inft. 422. And
Commiffions of Judges are bounded with this Li- to kill a Fudge of either Bench, or of Affife, &c.
mitation, Facluri quod ad Juftitiam pertinet fecundum in his Place adminiftring Juftice, is Treafon: Alfo
Legem & Confuetudinem Anglia. There are ancient drawing a Weapon only upon a Fudge, in any of
Precedents of Judges, that were fined when they the Courts of Juftice, the Offender fhall lofe his
tranfgrefs'd the Laws, tho' commanded by Warrants Right-hand, forfeit his Lands and Goods, and fuffer
from the King; and it is faid that Earl Typteft, who perpetual Imprifonment. 25 Ed. 3. cap. 2. 2 Inft. 549.
was a Chancellor, was beheaded, for acting upon Fudges are not in any Way punishable for a mere
the King's Warrant against the Law. Burnet's Rich. Error of Judgment: And no Action will lie againſt
11. pa. 38. The Fudges are to give Judgment ac- a Fudge for an erroneous Judgment; or for a
cording to Law and what is alledged and proved: wrongful Imprisonment, &c. 2 Hawk. 4. 1 Mod. 184.
And they have a private Knowledge, and a judi- The Judges of Courts of Record are freed from all
cial Knowledge, though they cannot judge of their Profecutions whatſoever, except in the Parliament,
own private Knowledge, but may ufe their Difcre- where they may be punished, for any Thing done
tion; but where a Judge has a judicial Knowledge, by them in fuch Courts as Judges; this is to fupport
he may and ought to give Judgment according to their Dignity and Authority, and draw Veneration
it. Plowd. 82. King Henry 4. demanded of Fudge to their Perfons, and Submiffion to their Judgments:
Gafcoigne, if he faw one in his Prefence kill 4. B. and But if a Judge will fo far forget the Dignity and
another Perfon who was not culpable, ſhould be in- Honour of his Poft, as to turn Solicitor in a Cauſe
dicted of this, and found Guilty before him, what which he is to judge, and privately and extrajudici
he would do in this Cafe; To which he anſwered, ally tamper with Witneffes, or labour Jurors, he
That he ought to refpite the Judgment against him, may be dealt with according to the fame Capacity
and relate the Matter to the King, in order to to which he fo bafely degrades himfelf. 12 Rep. 24.
procure him a Pardon; for there he cannot acquit Vaugh. 138. S. P. C. 173. Bribery in Judges is pu-
him, and give Judgment according to his private nifhable by Lofs of Office, Fine and Impriſonment;
Knowledge. Ibid. And the fame King Henry, when and by the Common Law, Bribery of Judges in
his eldeft Son the Prince, was by the Lord Chief Relation to a Caufe depending before them, has
Juftice committed to Prifon, for a great Mifde-been puniſhed as Treafon. I Leon. 295. Cro. Fac. 65.
meanor, thanked God that he had a Son of that O- I Hawk. 170. A Judge ignorantly condemns a
bedience, and a Fudge of that Courage and Impar-Man to Death for Felony, when it is not Felony;
tiality. Stow. The King in all Cafes doth judge by for this Offence, the Judge fhall be fined and im-
his Fudges; who ought to be of Counfel with Prifo- prifoned, and lofe his Office. Fenk. Cent. 162. If a
ners: And if they are doubtful or mistaken in Judge who hath no Jurifdiction of the Caufe, give
Matter of Law, a Stander-by may be allowed to Judgment of Death and award Execution, which is
inform the Court, as Amicus Curia. 2 Inft. 178. Our executed, fuch Judge is guilty of Felony; and allo
Fudges are to execute their Offices in proper Perfon, the Officer who executes the Sentence. H. P. C. 35.
and cannot act by Deputy, or transfer their Power 10 Rep. 76. And if Juftices of Peace, on Indictment
to others; as the Judges of Ecclefiaftical Courts of Trefpafs, arraign a Man of Felony, and judge
may. Roll. Abr. 382. Bro. Judges, 11. Yet where him to Death, and he is executed, it is Felony in
there are divers Judges of a Court of Record, the them. H. P. C. 35. Dalt. cap. 98. A Fudge ought
A&t of any one of them is effe&tual; especially if not to judge in his own Caufe, or in Pleas where he
their Commiffion do not exprefly require more. 2 is Party. 8 Rep. 118. And no one ſhall be Fudge of
Hawk. 3. Though what a Majority rules when Affife in the County where born, or he doth inha-
prefent, is the A&t of the Court. If on a Demur-bit, under the Penalty of 100l. but this is altered
rer or special Verdict, the Judges are divided in by a late Statute; and is not to prejudice any
Fudge
་
3
·
1
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Fudge in the Courts of Westminster, in hearing and but a Grand Cape upon Default before Appearance,
determining Affifes in thofe Courts; nor fhall it
extend to Officers in Corporations, but that they
may be Juftices of Affife, &c. in Places where they
dwell. Stat. 33 H. 8. cap. 24. See 12 Geo. 2. cap. 27.
The Fudges, Serjeants and King's Attorney, fhall be
paid their Salaries by the Lord Treafurer, at Eafter
and Michaelmas. io H. 6. And the Salary of the
Chief Juftice, used to be 1500 1. per Annum; and of
the other Fudges, no more than 1000 1. a Year; but
now the former has 500 l. per Term, and the infe-
rior Fudges 375 1. each Term; to which they are
intitled, though they do not fit one Day in the
Term. Fudges and Officers in Courts, may be in-
creafed or diminished, as Need fhall require. Stat.
14 E. 3. c. 5.
·
and a Petit Cape on Default after Appearance. 1 Lev.
105. In every Cafe the Party in Judgment ought
to be in Mifericordia, or a Capiatur be against him;
unless the Defendant comes primo die placiti, and
confeffes the Action; or it may be affigned for Er-
ror by either Party. Cro. Jac. 211. And if in Debt,
Part is found for the Plaintiff, and the Defendant
acquitted of the Refidue, the Judgment must be
Quod Quer, in Mifericordia for that Part whereof the
Defendant is acquitted. Cro. Eliz. 699. But the Sta-
tute 45 W. & M. takes away the Capiatur in
Trefpafs, Affault, falfe Imprifonment, c. and
there is in Lieu thereof 6 s. 8 d. paid to the Secon-
dary for the Fine before he figns Fudgment. All
Fudgments given in any Court of Record, muſt be
Judger. In Cheshire, to be fudger of a Town, is to duly entered: The Plaintiff's Attorney, four Days
ferve on the Jury there. Leicester's Hift. Antiq. 302. after the Poftea is brought into Court, if the Rule
Judgment, (Fudicium, quafi Juris dictum) Is the for Fudgment is out, may enter Judgment for his
Determination or Sentence of the Judges upon the Client by the Courſe of the Court. 2 Lill. Abr. 95.
Suit, &c. and the antient Words of Judgments are, After a Rule to fign Judgment, there ought to be
Confideratum eft per Curiam, &c. becauſe Fudgment is four Days exclufive of the Day on which the Rule
ever given by the Court upon due Confideration was made, before the Fudgment is figned, that the
had of the Record and Matter before them. I Inft. Party may have a reafonable Time to bring Writ
39. Of Judgments fome are final, and fome not, of Error: In C. B. they never give Rules for
c. And a Judgment may be given not only upon figning Judgment, but ftay till the quarto die poſt,
Trial of the Iffue; but by Default, Nihil dicit, Con- which makes but four Days inclufive. Mod. Caf. 241.
feffion, or on Demurrer; and Outlawry is a Fudgment A Plaintiff got his Judgment figned on the very
in it felf. 1 Inft. 167. 2 Inft. 236. Finch 457. There Day, but it was not executed till after the fixth
is likewife Judgment for Departing in Defpight of the Day, fo that the Defendant had Time enough to
Court, without Leave in common Recoveries, &c. bring a Writ of Error, or move any Thing in Ar-
And after an Iffue joined in a Caufe to be tried by reft of Judgment: But the Court of B. R. held
the Plaintiff and Defendant, the Plaintiff may, if the Signing of the Judgment to be irregular, it
he will, without going to Trial or any Verdict, ac- being before the Day allowed by the Rules of the
cept of a Judgment from the Defendant, which Court; and though Execution was taken out after-
Fudgment must be by Relicta Verificatione cognovit acti-wards, the Fudgment was fet afide. 5 Mod. Rep.
onem: But on this Judgment Error may be brought 205. Judgment cannot be entered until after the
without putting in of Bail, which it may not on Poftea is brought in and entered in the Office, and
Fudgment after Verdi&t. 2 Lill. Abr. 104. Judgment a Rule given thereupon for the Defendant to thew
is fometimes had with a ceffat Executio; and if the Caufe why Judgment fhould not be entered againſt
Defendant gives a Judgment, with Stay of Execu- him; and that he may have Liberty to find out
tion, till a certain Day, the Plaintiff may notwith- what he can to arreft the Judgment. 2 Lill. 115. If
ftanding fue forth a Capias or Fieri facias into the a Diftringas is returnable within Term, and the
County where the Action is laid, returnable before Party, &c. is tried two or three Days only before
the Day, to enable him at that Day to take a Te- the End of the Term, the Judgment thall be enter-
ftatum against the Defendant; though he fhall not ed that very Term, though there be not four Days
in that Cafe fue out a Capias to warrant a Scire fa- to move in Arreft of Judgment. 1 Salk. 77. But if
cias against the Bail. Pafch. 22 Car, 2. If Debt be Verdi&t be given after Term, no fudgment can be
brought against an Executor upon the Bond of the given on it till the next Term following; for the
Teftator, and he pleads Plene Adminiftravit, this is Judgment is the A&t of the Court, and the Court
a Confeffion of the Debt; and the Plaintiff may fits not but in Term. Mich. 22 Car. B. R. If Ver-
have Judgment with a Ceſſat Executio till the Defen- di&t pafs for the Plaintiff, and he will not enter his
dant hath Affets. 4 Rep. 2 Nelf. Abr. 1052. On In- Judgment; the Defendant by Motion of Court may
terlocutory Judgments, upon dilatory Pleas, it is in oblige him to it. 2 Lill. Abr. 97. The Defendant
many Cafes Refpondeat Oufter, to anſwer over; and may enforce the Plaintiff to enter his Fudgment, to
if the Plaintiff or Defendant die after interlocutory the End he may plead it to another Action. Latch
216.
9
Fudgment, the A&tion fhall not abate. Stat. 8 E
I Danu. 722. Palm. 281. Judgments are not
W. 3. cap. 10. Judgment upon a Demurrer to a only to be figned by a Judge, but entered of Re-
Declaration, &c. is no Bar to any other Action; cord; before which they are not Fudgments: And
becauſe it is not on the Merits, and the Plaintiff in a Judgment given to recover a Sum of Money,
may afterwards make his Declaration right, and the Sum must be entered in Words at Length; and
then proceed. 2 Lill. 113. But other Judgments may not in Figures, which may be easily altered; and
be pleaded in Bar to any other Action for the fame a Fudgment was reverſed, becauſe the Time when
Caufe; and Judgment in an inferior Court, may be given was in Figures, and the Sum recovered ex-
alledged in Bar to an Action in a fuperior Court. 2 preffed in Figures, &c. But the Court may amend
Lev. 93. A Fudgment on Nil dicit, in Cafe, Tref their Judgments of the fame Term, becauſe the
paſs, or Covenant, &c. is not a perfect Judgment un-Term is but as one Day in Law; though they may
til Writ of Enquiry of Damages taken out and ex-not do it in another Term. 2 Lill. 103. 3 Lev. 430.
ecuted upon it; of which Notice is to be given the If a Judgment be unduly obrained, the Court will
Defendant, and the Time of Execution, c. But vacate the Judgment, and restore the Party damni-
in Debt, it is a perfe& Judgment as foon as figned, fied; if nor punish the Offender: But it is againſt
c. and there needs no Writ of Enquiry. 2 Lill. the Courfe of the Court to vacate a Judgment the
105. Where Damages are given upon a Judgment laft Day of the Term. Pafch. 1656. By Statute, if
without Trial, there fhall iffue out a Writ of En- the Plaintiff die before Judgment, it shall not hin-
quiry of Damages; and when Judgment is given on der the Judgment being entered, provided it be done
Trial of the Iffue, the Court gives Damages, with- within two Terms after Verdi&. 17 Car. 2. cap. 8.
out Writ of Enquiry. 1 Inft. 167. Judgment final A Judgment entered in C. B. fhall relate to the Ef
ought not to be given upon Default in real Actions; foin-Day of the Term, and be a Judgment from that
Time:
2
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Time: But a Fudgment in B. R. fhall relate only | Saund. 379. And if in Action of Debt upon three
to the first Day of the Term. Cro. Car. 102. If a Bonds, it appears that one of them is forfeited, &.
-
Rule be given for the Defendant to plead at a cer- the Plaintiff fhall have Judgment for the other two.
tain Day, and he do not plead accordingly, the I Saund. 286. Where a Judgment is partly by the
Plaintiff may enter Judgment against him, without Common Law, and partly by Statute, the Judgment
moving the Court; though in real Actions, and at Common Law may remain and be compleat,
criminal Caufes, on Indictments, &c. there muft without the other. i Salk. 24. Every Judgment
be Motion in Court for a peremptory Rule. 2 Lill. ought to be compleat and formal: One Fudgment
116. Yet a Plaintiff, after he hath figned Judgment cannot determine another Judgment; and the Judges
against the Defendant, may waive it if he will, and will not give a Judgment against Law, although the
accept of a Plea from the Defendant. Trin. 23 Car, Plaintiff and Defendant do agree to it. I Salk. 213.
B. R. If a Judgment be obtained, but the Plaintiff Cro. Eliz. 817. Trin. 23 Car. B. R. In Actions perfo-
doth not take out Execution within a Year and anal, Fudgment given against the Plaintiff upon any
Day, the Judgment must be revived by Scire facias: Plea to Bar him, is peremptory. Fenk. Cent. 52. If
And if the Judgment be not above feven Years ftan- the Defendant doth not deny the Debt, or other
ding, a Scire facias may be had to revive it without Matter in Suit, but endeavours to elude the Action
Motion. Pafch. 24 Car. B. R. If any Thing be en- by infufficient Pleading: In this Cafe, if it be found.
tered in a Fudgment, which is not mentioned in the for the Plaintiff, he fhall have Judgment; but not
Plaintiff's Declaration, the Judgment is not good. vice verfa, if for the Defendant, becauſe the Matter
2 Lill. 104. And where it appears upon the Record, of the Suit is not fully and fufficiently denied, but
that the Plaintiff hath no Caufe of A&tion, he fhall in fome Meaſure confeffed by the infufficient Plea.
never have Judgment. 8 Rep. 120. Alfo if it appear Ibid. 70. Judgment may not be given for the Plain-
eth to the Court that the Plaintiff hath recovered tiff upon an infufficient Bar, if the Replication be
a Verdict without Caufe of Action, the Court may fo, and fhew no Title; but a Judgment fhall not
give Judgment for the Defendant. 1 Plow. 66. Al be fet afide for Mif-pleading a Point collateral to
though it appear to the Court that the Defendant's the Iffue. Hob. 8, 128. In Debt upon an Obliga-
Title is not good, if the Plaintiff in his Declaration, the Defendant pleaded that he delivered
tion hath not fet forth a good Title for himſelf, the
Court fhall never give him Judgment. 2 Lill. 98.
Tho' the Plaintiff deftroys the Defendant's Title, if
he gives him another Title by Pleading, &c. the
Defendant fhall have Judgment; for the Court are
to judge upon the whole Record. 8 Rep. 90. But if
Action of Trefpafs is brought for Trefpafs done in
Lands belonging to fuch a Houfe, and it appears at
the Trial that the Plaintiff had no Title to the Houfe,
the Court cannot give Fudgment to turn him out of
Poffeffion, becaufe that was not judicially before
them. 3 Salk. 213. In Debt on Specialty, the whole
and exact Sum must be demanded; or the Judgment
upon it will not be good. 3 Mod. 41. If more be in
the Fudgment than the Plaintiff demands, it is er-
roneous; though this may be helped by a remifit
Dampna for Part. 2 Lill. 27. Where one recovers
on Action for divers Things, and hath Verdict upon
the Whole, but doth wave fome one or more of
the Things for which his Action was brought, and
hath a special Judgment; in this Cafe he must re-
leafe his Damages to all, and yet he may have Cofts
of Suit. Ibid. If Iffue is found againſt one Party in
a Suit, and not against the other, Judgment may be
for the Plaintiff to recover against him where the
Matter is found; and a Nil capiat per Billam be en-
tered against the Plaintiff as to the other. Saund.
And when feveral Damages are recovered a-
gainst feveral Defendants, the Plaintiff may enter
a Nolle Profequi as to one of the Defendants, &c.
and have Judgment against one only for the Da-
mages against him. 3 Mod. 101. In Trefpafs and
Affault against three Perfons, they plead feverally,
and are found Guilty, and entire Damages are gi-
ven, the Judgment is good; and where there is but
one Judgment for the Damages against feveral, the
Plaintiff may make his Election against which he
will take his Fudgment. Cro. Fac. 384. Cro. Eliz. 118.
If one entire Judgment is given against two feveral
Perfons, and one of them is an Infant, the whole
Judgment is void; (which being entire cannot be di-
vided) except the Infant be joint Executor with the
other Party. 2 Lill. 100. When a Fudgment is cn-
tire, it cannot be divided, to make one Part of it
good, and another Part thereof erroneous; but if
it be not an entire Fudgment, it may. Ibid. On
Action where Damages are to be recovered, if the
Declaration be good in Part, and infufficient in Part,
and the Defendant Demurs upon the entire Decla-
ration; the Plaintiff fhall have Judgment for that
which is well laid, and be barred for the Reſt.
276,
4
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0-
it on a Condition to be performed by the Plain-
tiff, which he had not done, and therefore it was
not his Deed; the Jury found for the Defendant,
that the Condition was not performed, yet the Plain-
tiff had Judgment: For the Defendant's Plea con-
feffes it to be his Deed, and the Verdict does not
difprove it, and Iffue is Deed or no Deed, &c. Fenk.
Cent. 102. Here the Plaintiff bath his Fudgment
upon the Defendant's Confeffion, not upon the Ver-
diet. Ibid. A Judgment contrary to the Verdi&
found in the Caufe is generally void; for it is to be
warranted by the Verdi&t. Mich. 22 Car. B. R. If
a Verdict is imperfect, Judgment cannot be given
upon it; and for the Incertainty of the Verdict,
Judgment may be void. 2 Lill. 111. Raym. 220. Ac-
tion of Debt lies upon a good Fudgment, as well af-
ter Writ of Error brought as before. Raym. 100.
2 Mod. 127. And 'tis faid Debt lies in the Marshal
fea, or in any other Courts, upon a. Judgment in
B. R. or C. B. and if a Nul tiel Record is pleaded,
the Iffue fhall be tried by Certiorari and Mittimus out
of the Chancery. 1 Salk. 209. Though 'tis held
therwife. 439. In A&tions of Debt on Bonds, a
Rule may be made to ftay Proceedings on Pay-
ment of Principal, Intereft and Cofts; but not in
Actions of Debt upon Judgments; yet the Defen-
dant may plead a Tender & uncore prift. Mod. Ca.
60. If a Fudgment is recovered jointly against three
Defendants, the Plaintiff cannot bring Action of
Debt upon that Judgment againſt one alone. 2 Leon.
220. And it has been held, that there is this Dif-
ference where Execution is fued out upon a Fudg-
ment, and where an A&tion of Debt is brought up-
on it; that if the Plaintiff brings Debt, he must have
good Ground for his A&tion, or he fhall not recover;
but he may have Execution upon a voidable Fudg-
ment; and it fhall ftand good till the Judgment is
reverfed. 1 Leon. 82. A Plaintiff fhall not have a
new Action of Debt on the fame Bond, &:. after
Judgment had on it, as long as the Judgment is in
Force. 6 Rep. 2. 2 Nelf. Abr. 1056. An erroneous Judg-
ment in Chancery, is reverfable in B. R. Dyer 315.
And if the Houfe of Lords reverfe a Judgment of
B. R. the Lords are to enter the new Judgment, and
not the Court of B. R. who by the first Judgment
had executed their Authority. Trin. 6 Ann B. R.
1 Salk. 403. Judgments are to continue, till they
fhall be atraint by Error. Stat. 4 H. 4. cap. 23. And
after Verdict given in any Court of Record, there
fhall be no Stay of Fudgment, for Want of Form in
a Writ, Count, &c. or miftaking the Name of either
•
Party,
:
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gage his Lands, &c. without giving Notice of fuch
Judgment, unless he pay it off in fix Months, he
fhall forfeit his Equity of Redemption, &c. 4 Ego Ś
W. & M. The particular Times of entring Judg
ments of Debt, by Confeffion, Non fum Informatus,
&c. and docketting them after every Term, by the
Clerks of Courts, &c. is directed under the Penalty
of 100 1. by Stat. 4 & 5 W. & M. cap. 20. And no
Judgment shall affect Purchaſers of Lands or Mort-
gagees till docketted; nor have any Preference a-
gainft Heirs, Executors, &c. in the Adminiſtration
of Eftates. lbid. Upon figning Judgment 6 s. 8 d.
to be paid the proper Officer, in Satisfaction of
the Capiatur Fine, &c. 5 & 6 W. & M. c. 12. To
Search for Judgments a Fee is paid of 4 d. a Term.
Party, Sum of Money, Day, Month, Year, &c. | Lil. 103. By Holt Chief Juftice, if one will enter
rightly named in any Writ or Record preceding, a Judgment as of a precedent Term, he muft a&tu-
&c. 18 Eliz. cap. 14. 16 & 17 Car. 2. The Stat. 8 ally enter it before the Effoin Day of the fucceeding
Ex 9 W. 3. orders Judgment for Colts, upon Demur- Term: And if Judgment be figned in Hillary Term,
rers, and on fuing Writs of Error, where the for- and in the fubfequent Vacation the Defendant fells
mer Fudgment is affirmed, &c. And the Statutes of Lands, if before the Ejoins of Eafter Term, the
Jeofails extend to Judgments upon Nihil dicit, Con-Plaintiff enters his Judgment, it fall affect the
feffion, & Non fum Informatus, &c. 4 & 5 Ann. See Lands in the Hands of the Purchafer; and if one
Error, Feofail and Iffue.
enters Fudgment fo in Vacation, when the Party is
Judgments acknowledged for Debts. The Courfe dead, the Judgment fhall be good by Relation, if
for one to acknowledge a Judgment for Debt, is for he was living in the precedent Term. 1 Salk. 401.
him that doth acknowledge it to give a general Law Securities 74. On Complaints for Delay of En-
Warrant of Attorney to any Attorney or fome par-tring Judgments, the fame fhall be examined into by
ticular Attorney of that Court where the Judgment Commiffioners and ordered to be entered, &c. bý
is to be acknowledged, to appear for him at his the Statute 14 Ed. 3. and by 29 Car. 2. c. 3. Judges
Suit, against the Party who is to have the Judgment that fign Judgments of Lands, are to fet down the
acknowledged unto him; and alfo to file common Day of the Month and Year of their fo doing upon
Bail, and receive a Declaration, and then plead the Paper or Record; and they are to be Jug-
Non fum Informatus, &c. or to let it pafs by Nihil ments against Purchafers bona fide only from that
dicit; whereupon Judgment is entered for Want of Signing. If any Perfon having acknowledged or
a Plea. 2 Lill. 105. If one gives a Warrant of At-fuffered a Judgment as a Security for Money, after-
torney to confels Judgment, and dies before it is wards on borrowing other Money of another, mort-
confeffed, this is a Countermand of the Warrant.
1 Ventr. 310. And if a Feme Sole gives Warrant of
Attormey to confefs Fudgment, and marries before it
is entered, the Warrant is alfo countermanded; and
Judgment fhall not be entered against Husband and
Wife. 1 Salk. 399. A Man under Arreft gives War-
rant of Attorney to confefs a Fudgment in B. R. if
no Attorney for the Defendant is then prefent, the
Court of B. R. on a Suppofition that the Fudgment
was obtained by Force or Fear, will fet afide the
fame. 1 Salk 402. It has been adjudged, that if one
under Arreft gives a Warrant to confefs Judgment,
if an Attorney be not by, it is ill: And fo it is if
one be feemingly diſcharged, with Defign that he
fhould give a Warrant of Attorney to confefs a
Judgment: But if one arrefted by Procefs of an in-
feriour Court, gives a Warrant for confeffing Judg-
ment in that Court, B. R. will not fet it afide, tho'
an Attorney be not prefent. Mich. 2 Ann. Mod. Caf.
85. And where one has been in Priſon fome Time,
and he confeffes Judgment to his Creditor volunta-
rily, that Judgment fhall ftand, altho' there be no
Attorney. Farefly, Rep. 115. A Judgment confeffed
upon Terms, being in Effect conditional, the Court HESE are to defire and authorize you, (or any
will fee the Terms performed: But where a Judg- other Attorney of the faid Court of Common Pleas)
ment is acknowledged abfolutely, and a fubfequent to appear for me E. F. of, &c. in the faid Court, this
Agreement is made, this does not affect the Judg-prefent Eafter-Term, or any other fubfequent Term, at
ment, and the Court will take no Notice of it. Ib. the Suit of G. H. of, &c. and thereupon to confefs Judg-|:
400. A Man gave Bond and Judgment, defeafanced
upon Payment of Money on fuch a Day, and it
was agreed that Execution fhould not be fued out
before; but a Fieri facias was fued out a Month be-
fore and executed, upon Demand and Non-payment
of the Money: And though this was a Breach of
the Agreement, fince it was for a juft Debt, the
Court would not undo any Thing, for Fear it fhould
fruftrate the Judgment. Mod. Caf. 49. If a Warrant
be to enter Judgment, as of fuch a Term, or any
Time after; the Attorney may enter it at any Time
during Life; but without thofe Words the Judgment
must be entered the Term expreffed in the War-
rant: And if no Term be mentioned, it may be in-
tended the next Term. 1 Mod. 1. Or it has been
held, it may be entered within a Year after the Date
of it: And if Judgment upon a Warrant of Attor-
ney be not entered within the Year, it cannot be
done without Leave of the Court, on Motion and
Affidavit made of the Party's being living, and the
Debt not fatisfied. 2 Lill. Abr. 118. 2 Show, 253. It
is dangerous to take a Judgment acknowledged in
the Vacation, as of the preceding Term; and if
any fuch Judgment be taken, the Warrant of At-
torney to confefs the fame must bear Date before,
or in the Term whereof it is confeffed: But the
fateft Way is to make it a Fudgment of the fubfequent
Term; though common Practice is otherwife
Form of a Warrant of Attorney to confefs Judgment.
To Mr. A. B. and C. D. Attornies of his Majefty's
Court of Common Pleas at Westminster, or to any
other Attorney of the fame Court.
T
ment against me unto the ſaid G. H. by Non fum Infor-
matus, Nil dicit, or otherwife, in an Action of Debt
for 500 1. of lawful British Money, together with Cofts
of Suit: And for your or any of your fo doing, this shall
be your fufficient Warrant. In Witnefs, &c.
On Judgments, a Releaſe of Errors is ufually en-
tered into at the Time of the Warrant of Attorney
given, or Judgment had. And in cafe of feveral
Judgments, if Two are given in one Term, and the
laft is firft executed, that Creditor hath the beſt
Title. Latch 53. When a Judgment is fatisfied, it
is to be acknowledged on Record by Attorney, &.
Acknowledging a Judgment in the Name of an-
other, who is not privy or confenting to the fàme,
is Felony. Stat. 21 Fac. 1. cap. 26.
Judgment in criminal Cafes. No Man can be
Attainted of Treafon or Felony, but on Judgment
by exprefs Sentence, or by Outlawry, or Abjura-
tion. 2 Hawk. 447. And a Perfon ſhall not have
two gments for one Offence; for in Outlawry
which i udgment, Execution fhall be awarded
against the Offender, but no Sentence pronounced.
Finch 389, 467 But one convicted of à fcandalous
Libel, had Judgment to pay a Fine, and to go to
all the Courts in Westminster ball with a Paper in
his Hat fignifying his Crime; and on his Behaving
impudently, his Punishment was encreaſed. 1 Salk
~5--Q~~
401.
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401. No Judgment or Puniſhment can be inflicted of Complaint brought before hith: Of which there
unknown to our Laws; but only by Act of Parlia- are two Kinds; the one, which a Perfon hath by
ment. Dalif. 20. And the Law makes no Diltinc- Reafon of his Fee, and by Virtue thereof doth
tion, in fixed and ftated Judgments, between a Peer Right in all Plaints, concerning the Lands within.
and a Commoner; or between a common and ordi- his Fee; the other is a Jurifdiction given by the
nary Cafe and one extraordinary. 2 Hawk. 443. Prince to a Bailiff, as divided by the Normans; and
Judgment cannot be given for a corporal Punish- by him whom they called a Bailiff, we may under-
ment, in the Abfence of the Party. 1 Salk. 400. ftand all that have Commiffion from the King to
Though Perfons may have Judgment to be fined in give Judgment in any Caufc. Cuftum. Normand.
their Abfence, having a Clerk in Court to under- cap. 2. The Courts and Judges at Westminster have
take for the Fine. 1 Salk. 56. Judgment in High Jurifdiction all over England; and are not restrained
Treafon is for the Offender to be drawn, hanged, to any County or Place: But all the other Courts
his Entrails taken out and burnt, his Head cut off, are confined to their particular Furifdictions; which
and Body quartered, c. In Petit Treafon, to be if they exceed, whatever they do is erroneous.
drawn to the Place of Execution and hanged: And 2 Lill. Abr. 120. There are three Sorts of Inferior
a Woman in all Cafes of High and Petit Treafon, Furifdictions; the Firft whereof is Tenere Placita,
to be drawn and burnt. A Man or Woman for Fe- which is the loweſt, and the Party may either fuc
lony, is to be hanged by the Neck till dead. Mif- there, or in the King's Courts: The fecond is Co-
prifion of Treafon is liable to Imprifonment for nufance of Pleas; and by this a Right is vefted in
Life. In Pramunire, the Party offending is to be the Lord of the Franchife to hold Pleas; and he is
out of the King's Protection, and his Body to re-the only Perfon that can take Advantage of it, by
main in Prifon during the King's Pleafure, &c. claiming his Franchife: The third Sort is an Ex-
And for Mifprifion of Felony, Fine and Imprifon-empt Furifdiction; as where the King grants to fome
ment is inflicted. 2 Hawk. 443, 444. For Crimes City, that the Inhabitants ſhall be fued within their
and Miſdemeanors of an infamous Nature; Perjury City, and not elsewhere; though there is no Furif
or Forgery at Common Law, Grofs Cheats, Confpi- diction, which can withstand a Certiorari to the fupe-
racy, keeping Bawdy-houfes, &c. the Judgments are rior Courts. 3 Salk. 79, 80. And a Court fhall not
difcretionary in the Court, by Fine, Pillory, Whip-be prefumed to have a Furifdiction, where it doth
ping, &c. 2 Hawk. 445.
Judgment arrested, In Civil and Criminal Cafes.
See Arrest of Fudgment.
>
not appear to have one. 2 Hawk. 59. If an Action
is brought in a Corporate Town, and the Plaint
fheweth not that the Matter arifes infra Jurifdictio
nem of the Court, it will be wrong, though the
a-Town be in the Margin; but the County ferves in
the Margin for the Superior Courts. Fenk. Cent.
322. Although a Cafe be debated and have Judg-
ment in the Spiritual Court, yet the King's Courts
may afterwards difcufs the fame Matter. Artic. Cleri,
Stat. 9 Ed. 2. c. 6. In fome Caufes, the Spiritual and
Temporal Courts have a concurrent Furifdiction. See
Courts, &c.
Judgment oz Trial by the Holy Cross, Was a
Trial in Ecclefiaftical Caufes, antiently in Ufe
mong our Saxon Ancestors. Creff. Church Hift. 960.
Judicatozes terrarum, Are Perfons in the Coun-
ty Palatine of Chefter, who on a Writ of Error out
of Chancery, are to confider of the Judgment given
there, and reform it; and if they do not, and it be
found erroneous, they forfeit 100 7. to the King by
the Cuftom. Dyer 348. Fenk. Cent. 71.
Judicium Dei, The Judgment of God in Trials,
c. See Dei Fudicium.
Judicial Proceedings. No Judicial Proceedings,
commenced or profecuted in the Stile of Oliver
Lord Protector, &c. were abateable by his Majefty
K. Charles the Second's re-affuming the Government:
And a pretended A&t of Parliament, for turning the
Books of the Law, and Proceedings of Courts of
Juftice, into English, was declared to be in Force,
by Stat. 12 Car. 2. c. 3. See Procefs.
Jugulator, A Cut-throat, or Murderer.
Statutum eft præterea ut nullus occultus Jugulator, qua-
les Murderers appellant, &c. Chartam de Regia gratia
obtineret. Tho. Walfingh. 343.
|
Juris utrum, Is a Writ which lics for the Par-
fon of a Church, whofe Predeceffor hath alienated
the Lands and Tenements thereof. F. N. B. 49.
And the Writ Juris utrum, fhall be granted to try
whether free Alms belong to a Church, where they
are transferred, &c. by Stat. 18 Ed. 1. c. 24. If a
Man intrude into Lands and Tenements, after the
Death of a Parfon, the Succeffor fhall have this
Writ: So if a Parfon be diffeifed of Lands, Parcel
of his Rectory, and dieth, his Succeffor fhall have
a Juris utrum. New Nat. Br. 109. But if a Perfon
receive Rent of the Tenant of the Land, which is
aliened by his Predeceffor, he fhall not him felf
have a Writ of Furis utrum; but his Succeffor fhall
have it. Ibid. 111. A Vicar fhall have a Juris u-
Jugum terræ, A Yoke of Land, and con-
tains Half a Plough-Land, according to Domefday.trum againſt a Parfon for the Glebe of his Vica-
1 Inft. 5.
Juncaria, (From the Lat. Juncus) Soil or Ground
where Rushes grow. Cum Pifcariis, Turbariis, Jun-
cariis, &c. ad Muagium pertin'. Pat. 6 Ed. 3.
Jura Regalia, Or the Rights of the King. Sec
Regalia.
Jurats, (Furati) Arc in Nature of Aldermen,
for the Government of many Corporations. As
Romney Marsh is incorporate of one Bailiff, twenty-
four Jurats, and the Commonalty thereof, by
Chart. 1 Ed 4. And we read of the Mayor and Fu-
rats of Maidstone, Rye, Winchelsea, &c. Alo Ferfey
hath a Bailiff and twelve Jurats, or fworn Affift-
ants, to govern that Ifland. The Name is taken
from the French; for in France, among others,
there are Major & Furati, &c. They are mention-
ed in the Stat. 2 & 3 Ed. 6. c. 30. And fee 13 Ed. 1.
cap. 26,
Juridical Days, (Dies Furidici) Days in Court,
on which the Law is adminiftred. See Day.'
Jurisdi&iou, (Furifdictio) Is an Authority or
Power, which a Man hath to do Juftice, in Caufes
rage, which is Part of the fame Church: And the
Plaintiff ought to be named Parfon or Vicar, or
fuch Name in Right of which he bringeth his
Action. Ibid.
Juros, (Furator) Is one of thofe Perfons that are
fworn on a Fury; and the Law requires the Re-
turning of able and fufficient Furors. 16 & 17
Car. 2.
Jury, Furata, from the Lat. Furare, to fwear)
Signifies a certain Number of Men fworn to inquire
of and try the Matter of Fact, and declare the
Truth upon fuch Evidence as fhall be delivered
them in a Caufe: And they are fworn Judges upon
Evidence in Matters of Fact. The Privilege of
Trial by Jury, is of great Antiquity in this King-
dom; fome Writers will have it that Furies were
in Ufc among the Britains; but it is more probable
that this Trial was introduced by the Saxons: Yet
fome fay that we had our Trials by Fury from the
Greeks; (the firft Trial by a Jury of Twelve, being
in Greece.) By the Laws of King Ethelred, it is ap-
parent that Juries were in Ufe many Years be-
3
fore
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fore the Conqueft; and they are as it were incor- of forfeiting . And the Justices of Peace hall.
porated with our Conftitution, being the most wa-order the Clerk of the Peace to deliver a Duplicate
luable Part of it; for without them no Man's Life of thöfe Lifts to the Sheriff, &c. And Sheriffs are
can be impeach'd, (unless it be by Parliament) and to impanel no other Perfons, under the Penalty
no one's Liberty or Property ought to be taken of 201. c. 7 & 8 W. 3. cap. 32. 3 Ann. cap. 18. No
from him. And thefe Furies are not only used in Sheriff, Bailiff, &c. fhall return any Perfon to
the Circuits of the Judges, but in other Courts and ferve on a Fury, unless he hath been duly fummon-
Matters: As if a Coroner inquire how a Perfon ed fix Days, before the Day of Appearance; nor
killed came by his Death, he doth it by Fury; and fhall take any Money or other Reward to excufe
the Juftices of Peace in their Quarter-Seffions, the Appearance of any Furyman, on Pain of for-
the Sheriff in his County-Court, the Steward of a feiting 101. 45 W. & M. If a Trial is for any
Court-Lect or Court-Baron, &c. if they inquire of Thing which concerns the Sheriff or Under-Sheriff,
any Offence, or decide any Caufe between Party the Coroner is to return the Jury. And the Pro.
and Party, they do it in like Manner: And at the cefs to bring in the Fury in B R. is a Diftringas
General Affifes there are ufually many furies, be- jurat, and in C. B. Venire fac' & Habeas Corpora Fu
cauſe there are a great many Caufes, both Civil rator Upon the Venire, the Sheriff, &. returns
and Criminal, commonly to be tried; whereof one the Jury in a Panel, or little Piece of Parchment,
is called the Grand Fury, and the reft Petit Juries, annexed to the Writ, and then goes the Writ of
of which it is faid there fhould be one for every Habeas Corpora to bring in the Fury; and where af-
Hundred. Lamb. Eiren. pag. 384. Anciently the Fu-ter Iffue joined, a Suit is continued. on the Roll,
vy as well in Common Pleas, as Plcas of the Crown, the Process is to be continued from Time to Time
were twelve Knights, according to Glanvill and against the Jurors. Br. Dif.ontin. If the Sheriff re-
Bracton: And to make a Fury in a Writ of Right, turn twelve Jurors only according to the Writ,
called the Grand Affife, there must be Sixteen, viz. where he ought to have returned twenty-four ac-
four Knights, and twelve others, Finch 412. The cording to Ulage, for speeding the Trial in Cafe of
Grand Fury generally confifts of twenty-four Men Challenge, Death, or Sicknels, c. he shall be
of greater Quality than the other, chofen indif-amerced. Fenk. Cent. 172. And the first twelve
ferently out of the whole County by the Sheriff; Men returned upon a Fury that do appear, are to
and the Petit Fury confifteth of twelve Men, of be fworn and try the Caufe, if not challenged, &c.
equal Condition with the Party indicted, impanel-2 Lill. Abr. 126. But great Alteration is made in
led in Criminal Cafes, called the Fury of Life and this Part of our Law, by the late Statute. Lifts of
Death: The Grand Fury finds the Bills of India-Jurors qualified according to the A&ts 4 & 5 W. &
ment againſt Criminals; and the Petit Fury con- M. 7 & 8 W. 3. and 4 Ann. are now to be made
victs them by Verdict, in the Giving whereof all from the Rates of each Parish, and fixed on the
the Twelve must agree; and according to their Doors of Churches, &c. twenty Days before the
Verdict the Judgment paffeth. 3 Inft. 30, 31, 221. Feaft of St. Michael, that publick Notice may be
By the Common Law, Fury-men are to be returned, given of Perfons qualified omitted, or of Perfons
in all Cafes for Trial of General Iffues, from the inferted who are not fo, &c. and the Lifts being ſet
County where the Fact was done. S. P. C. 154. right by the Juftices of Peace in Quarter-Seffions,
And Fury-men are to be Freemen, indifferent, and Duplicates are to be delivered to the Sheriffs of
not outlawed or infamous; Aliens, Men attainted Counties, by the Clerks of the Peace; the Names
of any Crime, ought not to ferve on Furies; and contained in which fhall be entered aphabetically
Infants, Perfons feventy Years old, Clergymen, A- by the Sheriffs in a Book, with their Additions,
pothecaries, &c. are exempted by Law from ferving and Places of Abode, &c. If any Sheriff fhall re-
upon Juries. 3 Inft. 221. 2 Inft. 447. Barons of turn other Perfons to ferve on Furies; or the Clerk
the Realm, and all above them, are not to ferve of the Affife record any Appearance, when the
in any ordinary Fury; and others may have this Party did not appear, they fhall be fined by the
Privilege by Writ, or the King's Grant, c. 6 Rep. Judges, not above 10 f. nor less than 40 s. The like
53. 1 Brownl. 30. But fuch as have Charters of Penalty for taking Money to excufe Perfons from
Exemption, fhall notwithſtanding be fworn upon ferving; and the Sheriffs may be fined 5 1. for re-
great Affifes, and in Attaints, c. when their Oath turning Jurors, who have ferved two Years before,
is requifite. 52 H. 3. c. 14. By Statute, Jurors &c. Sheriffs, on the Return of Writs of Venire facias,
empanelled are to be the next Neighbours, moftare to annex a Panel of the Names of a competent
fufficient and leaft fufpicious; or the Officer fhall Number of Jurors named in the Lifts, not less than
forfeit double Damages. 28 Ed. 1. cap. 9. Their forty-eight in any County, nor more than feventy-
Qualification by 13 Ed. 1. was 40s. per Annum two (without Direction of the Judges) who fhall be
Eftate; which was increafed to 4 l. per Annum by fummoned to ferve at the Affifes, &c. and the
27 Eliz. cap. 6. and is made 10l. per Annum Free-Names of the Perfons impanelled fhall be writ in
hold or Copyhold within the fame County, by 4 feveral diftin&t Pieces of Paper, of equal Size, and
5.W. & M. cap. 24. But all Cities, Boroughs, be delivered by the Under-Sheriff to the Judge's
and Corporate Towns, are excepted out of this laft Marthal, who is to caufe them to be rolled up all
A&t And Trials of Felons in Corporations may be in the fame Manner, and put together in a Box;
by Freemen worth 401. in Goods, by the 23 Hen. and when any Caufe fhall be brought on, fome in-
Panels of Furies returned to inquire for different Perfon is to draw out twelve of the faid
the King, may be reformed by the Judges of Gaol Papers of Names, who not being challenged, fhall
delivery, &c. Hen. S. c. 12. Furymen not ap- be the Fury to try the Caufe; but if any Perfons
pearing hall forfeit Iffues, if they have no rea are challenged and fet afide, or fhall not appear,
fonable Excufe for their Defaults, viz. 5s. on the then a further Number to be drawn till there is a
firft Writ, upon the fecond 10s. and the third Writ full Jury, &c. Where a Caufe comes on, before
13 s. 4 d. 35 H. S. cap. 6. Though no Fury is to the Fury in any other have given their Verdict, the
appear at Westminster for a Trial, when the Offence Court fhall order twelve of the Refidue of the Pa-
was committed thirry Miles off; except the Attor-pers to be drawn, &c. And Jurors making Default
ney General require it. 18 Eliz. cap. 5. Conftables in Appearance, fhall be fined, not exceeding $1.
of Parishes, &c. at Michaelmas Quarter Seffions nor under 40s. Stat. 3 Geo. 2. c. 25. Perfons having
yearly, are to return to the Juftics of Peace, Lifts Eftates for Five hundred Years, or ninety-nine
of the Names and Places of Abode of Perfons qua-Years, or other Term determinable on Lives, &c.
lified to ferve on Furies, between the Age of Twen- of the yearly Value of 201. are declared Qualified
ry-one and Seventy, attefted upon Oath, on Pain to ferve on Furies, and to be inferted in the Free-
S. c. 13.
:
;
holders
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performed per Comitem Palatii, in determining Dif- 17.5. At first the Number of Juftices were not a-
ferences which happened between the Barons and bove three or four in a County. 18 Ed. 3. After-
other great Perfons of the Kingdom, as well as wards the Number was limited to fix in every
Caufes Criminal and Civil between other Men County; whereof two were to be of the beſt Qua-
Bur King Richard ift, firft diminished his Power, lity, (fuch as we now call of the Quorum) two Men
by appointing two other fuftices; to each whereof of the Law, and two others. And after there was
he affligned a diftin&t Jurifdiction, viz. to one the to be one Lord, and three or four of the moft wor-
North Parts of England, and to the other the South; thy of the County, with fome learned in the Law.
and in the Reign of R. Edward 1. they were redu- 34 Ed. 3. By the Statute 14 R. 2. eight Justices of
ced to one Court, with a further Abridgment of Peace were to be affigned in every County: And
their Authority, both as to the Dignity of their the Number of Justices has greatly increafed fince
Perfons, and Extent of their Jurifdiction; for no their firft Inftitution; Mr. Lambard above one hun-
more were chofen out of the Nobility as antiently, dred Years ago complaining of their exceffive Num.
but out of the Commons, who were Men of Integri- ber; and after him the learned Spelman takes No-
ty, and skilful in the Laws of the Land; whence tice that there were above Threefcore in each Coun-
it is laid the Study of the Law dates its Beginning. ty: They are now without Limitation; and their
Origines Fadiciales. In the Time of King John, and prodigious Increafe with the unfuitable Appoint-
other of our antient Kings, it often occurs in Char- ment many Times made of Perfons for this Truft,
ters of Privilege, Quod non ponatur refpondere, nifi co- bath rendred the Office contemptible in the Eye of
ram nobis, vel Capitali Jufticia noftra: And this high our beft Gentry, for whom it was originally intend-
Officer hath at this Time a very extenfive Powered: And therefore it hath been propofed, that in
and Jurifdiction in Pleas of the Crown; and is par- each County there fhould be eight Honorary Fu
ticularly intrufted with not only the Prerogative offices conftituted of Men of Quality, who fhould not
the King, but the Liberty of the Subject. The Chief be obliged to an Attendance any farther than their
Fufice of the Common Pleas hath alfo the Title Zeal for Fuftice, and Love for their Country fhall
of Lord whilft he is in Office, and is called Dominus incline them; and the like Number of acting Fu-
Fufticiarius Communium Placitorum, vel Dominus Jufti- ftices, Gentlemen capable of Bufinefs, who fhould
ciarius de Banco; who with his Affiftants did origi- conftantly attend, and be intitled to a Reward for
nally, and doth yet, hear and determine all Common their Pains, and upon any Neglect be ſubject to
Pleas, in Civil Caufes, as diftinguished from the Penalties. Lambard's Juft. By Statute, Justices of
King's Pleas, or Pleas of the Crown. Bract. lib. 3. Peace must be refident in the County; are to be the
The Chief Justices are inftalled or placed on the moft fufficient Perfons, and of the beft Reputation;
Bench by the Lord Chancellor; and the other fuftices and they are to have 201. per Annum in Lands as a
by the Lord Chancellor and the Lord Chief Juftices Qualification, and if they act without fuch Qualifi
Befides the Lords Chief fuftices, and the other fucation, (except Lawyers) they fhall forfeit the Sum
ftices of the Courts at Westminster, there are many
other Juftices commiffioned by the King to execute
the Laws; as Juftices of Affife, of the Foreft, of
Nifi Prius, Oyer and Terminer, c. all of them
treated of under their Heads; and Justices of Peace,
&c.
Justices of the Peace, (Jufticiarii ad Pacem) Are
thofe that are appointed by the King's Commiffion
to keep the Peace of the County where they dwell;
and are rather Commissioners of the Peace, of whom
fome of the greater Quality are of the Quorum,
becauſe Buſineſs of Importance may not be diſpatch
ed without the Frefence of them, or one of them.
Fuftices of Peace, Polidore Virgil tells us, had their
Beginning in the Reign of William 1ft, called the
Conqueror; but Sir Edward Coke was of Opinion,
that in the fixth Year of K. Ed. 1. Prima fuit Infti-
tutio Fufticiariorum pro Pace confervanda. Mr. Prynne
affirms, that in the Reign of King Hen. 3. after the
Agreement made between that King and his Barons,
Guardians ad Pacem confervandam were conftitured:
And Sir Henry Spelman differs from both thefe, be-
ing of Opinion that they were not made until the
Beginning of the Reign of King. Ed. 3. when they
were thought neceffary for fuppreffing Commotions,
which might happen upon the Dethroning of King
It is certain the general Commiffion of the
Peace, by Statute, began i Ed. 3. Though before
that Time there were particular Commiffions of the
Peace to certain Men, in certain Places; though
not throughout England. 2 Nelf. Abr. 1063. Hereto-
fore there were Confervators of the Peace at the Com-
mon Law, elected by the County, upon a Writ di-
rected to the Sheriff: But the Election of Confer-
vators is transferred by Statutes from the People, to
the King; and at length Fufices of Peace are created
Confervators of the Peace by Commiffion, or Letters
Patent under the Great Seal: The Power of conftitu.
ting them is only in the King; though they are
generally made at the Discretion of the Lord Chan-
cellor or Lord Keeper, by the King's Leave; and
the King may appoint in every County in England
and Wales as many as he fhall think fit. 1 Inft. 174,
Ed. 2.
of 201. And they were formerly to be allowed 4s.
a Day during their Attendance at the Quarter-Sef
fions, to be paid by the Sheriffs of Counties. 12 R.
3. 2 H. 5. 18 H. 6. Now the Qualification of Fu
ftices of Peace is 100l. per Ann. Eltate, Freehold or
Copyhold, in Poffeffion, for Life or greater Eftate,
or certain Term of 21 Years, above Incumbrances
or acting as Juices fhall incur the Forfeiture of
100% And Attornies, &c. are incapable to be in
the Commiffion of the Peace. 5 Geo. 2. Fuftices of
Peace are to hold their Seffions four Times a Year,
e. the firft Week after Michaelmas, the Epiphany,
Eafter, and St. Thomas called Becket, being the 7th
of July. Stat. 2 H. 5. They are Fuftices of Record,
for none but Juftices of Record can take a Recog-
nizance of the Peace: And their Power arifes from
their Commiffion, or from Statutes. By Virtue of
thefe Words in their Commiffion, viz. Sciatis quod af-
fignavimus vos conjunctim & divifini & quemlibet veftrum
Jufticiarios noftros ad Pacem noftram in Comitatu noftro
S. Confervandam, &c. every fuftice of Peace hath a
feparate Power, and may do all Acts concerning his
Office apart and by himself; and even may commit
a Fellow-Juftice upon Treafon, Felony, or Breach
of the Peace: And this is the ancient Power which
Confervators of the Peace had at Common Law.
But it has been held, that one fuftice of Peace can-
not commit another Juftice, for Breach of the
Peace; though the Fuftices in Seffions may do it.
Lamb. Juft. 385. Fank. Cent. 174. By Virtue of an
other Afignavimus, or Claufe in the Commiffion,
two or more fuftices of the Peace (one of the Quo-
rum) have a joint Power to inquire by Jury of all
Offences mentioned in the Commiffion; to take
Indictments, and grant Procefs thereupon; and to
hear and try the Offences; which are Matters to
be tranfa&ted at the Quarter-Seffions. And by the
Statutes they may act in many Cafes where their
Commiffion doth not reach; the Statutes themfelves
being a fufficient Commiffion. Lamb. lib. 4. Wood's
Inft. 79, 80. The Stat. 4 H. 7. c. 12. 33 H. 8. c. 10.
and 37 H. 8. c. 7. give them a further general Power
than is expreffed either in their Commiffion, or in
4
any
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any particular Statute. The particular Statutes are to c. 19. No Certiorari fhall iffue to remove any Or-
be executed as they direct; wherein if no exprefs der, made by Juftices of Peace of any County, &c.
Power is given to any one fuftice, he can admonish or at the Quarter-Seffions, unless it be applied
only, and if not obeyed, may make Prefentment for within fix Months, and proved on Oath that
of the Offence upon the Statute, and with his Fel- fix Days Notice in Writing was given to the Fu-
low-fuftices hear and determine it in Seffions; or ftices, by whom the Order was made, that they
he may bind the Offender to the Peace, or the or the Parties concerned may fhew Caufe againft
good Behaviour: Some Statutes empower one fuir. 13 Geo. 2. c. 18. A Man may be a Juſtice
ftice of Peace alone to act; fome require two, three, of Peace in one Part of Yorkshire, and yet be
four Fufices, &c. And where a fpecial Authority no fuftice of Peace in every Part of the Coun-
is given to Justices of Peace, it must be exactly pur- ty; this County being divided into feparate Ri-
fued; or the Acts of the Justices will not be good. dings. Hill 22 Car. B. R. Fuftices of Peace have
2 Salk. 475. A Fuftice of Peace's Oath for the Ex-Power by their Commiffion to hear and deter-
ecution of his Office, is as follows: You fhall mine Felonies and Trefpaffes, c. 13 Ed. 3. c. 2.
fwear, That in the Office of a Justice of Peace in But this is by a fpecial Claufe in their Commif-
and for the County of, &c. in all and every the fion; otherwife they cannot do it. H. P. C. 165.
Articles in his Majefty's Commiffion enjoined and And if a Commiffion of Oyer and Terminer iffues to
to you directed, you will do equal Right to the hear and determine Felonies, that determines the
Rich and Poor, according to your Knowledge, and Commiffions of Justices of Peace as to Felonies, tho'
the Laws and Statutes of this Realm; you fhall not as to the Peace, &c. The Stat. 1 & 2 Ph. & M.
not be Counsel to any Perfon, in any Quarrel de-. 13. directs Fuftices of Peace to take Examinations
pending before you; you fhall hold your Seffions
according to the Direction of the Statutes in that
• Cafe made; and you fhall caufe to be entered the
Iffues, Fines and Amerciaments that fhall happen
to be made, and all Forfeitures, without any
Concealment, and fend an Account of them to
the King's Exchequer; you fhall not fpare any one
3 for Gift or other Cauſe, nor take any Thing for
doing the Bufinefs of your Office, but the Fees
‹ and Allowances accustomed and fixed by Acts of
‹ Parliament, c. And in all Things you fhall well
and truly do and execute the Office of a Juftice of
Peace. Dalt. Juft. If a Juftice of Peace does not ob
ferve the Form of Proceeding directed by Statute, it
is coram non judice, and void: But if he acts according
to the Direction of the Statutes, neither the Justices
in Seffions nor B. R. can reverſe what he has done.
Jones 170. The Power of Fuftices is Minifterial when
they are commanded to do any Thing by a fuperior
Authority, as by the Court of B. R. &c. In all o-
ther Cafes they act as Judges: But they muft pro-
ceed according to their Commiffion, &c. And
Juftice is to exercife his Authority only within the
County where he is appointed by his Commiffion;
not in any City which is a County of itfelf or Town
Corporate, having their proper Fuftices, &c. though
in other Towns and Liberties he may. Dalt. When
a Fuffice of Peace acts to compel another to perform
any Thing required by Law, as where he imprifons
or commands any one to be imprifoned, &c. he
cannot act out of the Jurifdiction of his County:
but he may take Informations any where to prove
Offences in the County where committed, and he
principally refides, or take a Recognizance to pro-
fecute. Cro. Car. 21
13: And by a late Statute, fu-
ftices of any County, dwelling in a City that is in
rtfelf a County within the County at large, may
grant Warrants, take Informations, make Orders,
c. at their own Dwelling Houfes, though our of
the County, &c. 9 Geo. I. c. 7. Allo fuftices of
Peace may do all Things relating to the Laws for
Relief of the Poor, the Paffing and Punifhing
Vagrants, the Repairs of the Highways, or con-
cerning Parochial Taxes or Rates, although fuch
Fuftices are rated to the Taxes, within any Place
where they exccute their Office: But no Fuftice
fhall act in determining any Appeal to the Quar-
ter-Seffions, from any Order that relates to the
Parish where he is fo charged Stat. 16 Geo. 2.
c. 18. On Appeals to Fufices of Peace in the Sef-
fions, they are to caufe Defects in Form in Or-
ders, &c. to be rectified without Charge, and
then deterntine the Matters according to the
Merits of the Cafe; and their Proceedings fhall
not be removed into B. R. without entering into
Recognisance of 50l. to profecute with Effect,
and pay Cofts if affirmed, &c. by Statute 5 Geo. 2.
a
in Cafes of Felony and Murder, and to certify them
to the Juftices of Gaol Delivery, &c. fince which
they forbear to try great Felonies. H. P. C. 166. Ju-
ftices of Peace may take an Information againft Per-
fons committing Treafon; iffue Warrants for their
Apprchenfion, and commit them to Prifon, c.
They commit all Felons in order to Trial; and bind
over the Profecutors to the Affifes: And if they do
not certify Examinations and Informations to the
next Gaol-Delivery; or do not bind over Profecu-
tors, &c. they fhall be fined. Dalt. c. 11. For Petit
Larceny, and fmall Felonies, the Fuftices in their
Quarter-Seffions may try Offenders; other Felonies
being of Courfe try'd at the Affifes: And in Cafe of
Felonies, and Pleas upon Penal Statutes, they can-
not hold Cognifance without an exprefs Power given
them by the Statutes. Justices of Peace in their Sef-
fions cannot try a Caufe the fame Seffions, without
Confent of Parties, &c. for the Party ought to have
convenient Time, or it will be Error. Cro. Car. 317.
Sid. 334. Nor can the Seffions of Justices refer a
Matter which ought to be tried, to be determined
by another Seffions; yet they may refer a Thing
to another to examine, and make Report to them
for their Determination. 2 Salk. 477. The Seffions
is all as one Day, and the Justices may alter their
Judgments at any Time while it continues. Ibid. 494.
Tis incident to the Office of a Fuftice of Peace to
commit Offenders: And a Juftice may commit a
Perfon that doth a Felony in his own View, with-
out Warrant; but if it be on the Information of an-
other, he must make a Warrant under Hand and
Seal for that Purpofe. If a Justice iffues a Warrant
to arreft a Felon, and the Accufation be falfe, the
Fufie is excufed, where a Felony is committed:
If there be no Accufation, Action will lie againft
the Fuftice. 1 Leon. 187. A Juftice makes a Warrant
to apprehend a Felon, though he is not indicted,
he who executes the Warrant fhall not be puniſhed;
And if one brings another before a Justice on Su-
fpicion of Felony, notwithstanding it happen to be
without juft Caufe, no Action lies. 13 Rep. 76. Cro.
Fac. 432. If Complaint and Oath be made before a
Fuftice of Peace, by one of Goods ftolen, and that he
fufpects they are in fuch a Houfe, and fhews the
Caufe of his Sufpicion; the Justice may grant a
Warrant to the Conftable, . to fearch in the
Place fufpected, and feize the Goods and Perfon in
whofe Cuftody they are found, and bring them be-
fore him, or fome other Fußtice, to give an Account
how he came by them; and farther to abide fuch
Order, as to Law fhall appertain. But in this
Cafe, a general Warrant to fearch all Places, where-
of a Perfon and Officer have Sufpicion; tho' War-
rants of this Kind have been granted, yet it is not
fafe to grant them. 2 Hale's Hift. P. C. 114. The
Search on thefe Warrants, ought to be in the Day-
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ment may be had against Justices of Peace in B. R.
on Motion of the Attorney General, &c. A Fuftice
of Peace fined a Thoufand Marks, for corrupt Prac-
tices, fee 1 Keb. 727. If a new Commiffion is made
and granted for Justices of Peace, out of which fome
of the Fuftices in the old Commiffion are omitted,
yet what Acts they do as Jeftices are lawful till the
next Seffions, at which the new Commiffion is pub-
lifhed, and when the new Commiffion is publiſhed,
they are to take Notice of it, and not act further.
Moor 187. By granting a new Commifon, Dif-
charge under the Great Seal, Acceffion of another
Office, and by the Death of the King, the Power
and Offices of Justices of Peace determine. 4 Inft. 165.
But till then they are empowered to act in a great
many particular Cafes by Statute, as follows, viz.
Fuftices of Peace are to licenfe Alehouses, and iffue
Warrant to levy the Penalty of 20s. on Perfons
keeping Alehoufes, withour Licence; 10. on Vic-
uallers, &c. permitting Tipling, and 3 s. 4d on
Tiplers; alſo a Sum nor above 40s. nor under 10s.
for felling Ale in Veffels not mark'd, or under
Meafure; and they are to take Recognizances for
good Order; fupprefs unlawful Alehoufes, &c.
& 6 Ed. 6. 21 Fac. 1. 3 Car. 1. 11. 12 W. 3.
They are to reconcile Differences between Mafters
and Apprentices; and commit diforderly Apprentices
to the House of Correction, &c. And to confent to
the Binding poor Boys our Apprentice, and Ap
prentices to the Sea-Service. 5 43 Eliz 2 Ann.
fuftices are to grant Warrants againſt Perſons fedu-
cing Artificers to go out of the Kingdom, and bind
them over to the Affifes, or Seffions, where they
fhall be fined not exceeding 100l. And Justices
may in their Seffions, require Security from Artifi
cers, not to depart the Realm, &c. 5 Geo. I.
bind to the good Behaviour Perfons riding unlaw-
fully Armed. 2 Ed. 3. Badgers are to be licenſed by
three Fuftices in Seffions. 5 Eliz.
three Fuftices in Seffions. 5 Eliz. Two Justices are
to bail Perfons for Manslaughter, Felony, c. where
bailable by Law. 1 & 2 P. & M. One Justice may
enter Bakers Houfes and examine their Bread; and
if it be deficient in Goodness or Weight, may feife
and give it to the Poor, and a Penalty of 5s. per
Ounce is inflicted for Under-Weight: Justices are
likewife to atcer.ain the Affife and Weight of
Bread, &c. 8 Ann. I Geo. 1. See 3 Geo. 2. Fuftices
of Peace fhall iffue Warrants for apprehending and
committing Bankrupts, after they are certified to
be fuch, c. 5 Geo. 1. Examine Bastardy; and the
two next Justices are to make Orders for keeping
the Child, and charge the Father or Mother with
Weekly Payments towards the fame, &c. and com-
mit lewd Women to the Houfe of Correction. 18 E-
liz. 1 Fac. 1. 13 & 14 Car. 2. A Fuftice is to iffue
his Warrant to apprehend the Father of a Baftard-
Child, to give Security to perform Orders made,
To
time, and Doors may be broke open by Conftables ( 45, 46. And for Contempt of Laws, &c. Attach-
to take the Goods; which are to be depofited in the
Hands of the Sheriff, c. till the Party robbed
hath profecuted the Offender, to have Reftitution.
Ibid. 150, 151. A Juftice of Pease may make a War-
rant to bring a Perfon before himself only, and it
will be good; though it is ufual to make Warrants
to bring the Offenders before him or any other Fu
ftice of the County, c. And if a Fuftice directs his
Warrant to a private Perfon, he may execute it. 5
Rep. 60.
1 Salk. 347 If a Justice grants his War-
rant beyond his Authority, the Officer must obey;
but if it be where the Fuftice has to Authority, the
Officer is punifhable if he executes it. Justices of
Peace may make and perfwade an Agreement in
petty Quarrels and Breaches of the Peace, where
the King is not intitled to a Fine: Though they
may not compound Offences, or take Money for
making Agreements. Nay 103. Ffice may not
intermeddle with Property; if they do, Action lies
against them and the Officers who execute their
Orders. Salk 217. But for Detainer of Goods,
in fmall Matters of poor People, not of Ability to
go to Law, in fome Places Fuftic's interpole and
grant Warrants to do Juftice. Mod. Fußt. 167. A
Juftice of Peace hath a difcretionary Power of bind
ing to the good Behaviour; and, may require a Re
cognizance with a great Penalty of one for his Keep
ing of the Peace, where the Party bound is a dan-
gerous Perfon, and likely to break the Peace, and
do much Mischief. Pafch. 1652 2 Lill. Abr. 131.
And where a Perfon is to be bound to he good
Behaviour, for Default of Sureties he may be com
mitted to Gaol. But a Man giving Security for
keeping the Peace in B. R. or the Chancery, may
have a Superfedeas to the Faftices in the Country not
to take Security; and fo where a Perfon hears of
a Warrant out against him, gives Surety of the
Peace to any other Justice, &c. If one make an Af
fault upon a Fuftice of Peace, he may apprehend the
Offender, and fend him to Gaol till he finds Sure-
ties for the Peace; and a Justice may record a for-
cible Entry upon his own Poffeffion: In other Cafes
he cannot judge in his own Caufe. Wood's Inft. 81,
Where a Man abuſeth a Justice by Words, before
his Face or behind his Back, in Relation to his
Office, he may be bound to the good Behaviour;
and if a Justice of Peace be abuſed in the Execution
of his Office, the Offender may be alfo indicted
and fined. Cromp. 149 4 Rep. 16. To fay of a
Justice of Peace he doth not understand Law, c.
is indictable: And Contempts against Juftices are
punishable by Indictment and Fine at the Seffions.
3 Mod. 139. 1 Sid. 144. But abufing a Justice out
of his Office, by Words that do not relate to his
Office, feems to ftand only as in the Cafe of other
Perfons. Fuftices fhall not be regularly puniſhed
for any Thing done by them in Seffions as Judges:
And if a Justice of Peace be fued for any Thing
done in his Office, he may plead the general Iffue,
and give the special Matter in Evidence; and if a
Verdict goes for him, or the Plaintiff be Nonfuit,
he fhall have double Cofts. Stat. 21 Fac. 1. Tho'
if a Fuftice of Peace is guilty of any Mifdemeanor
in his Office, Information lies againft him in B. R.
where he fhall be punished by Fine and Imprifon-
ment. Sid. 192. If a Perfon be never fummoned
by Justices of Peace, to be heard and make his De-
fence, before the Juftices make any Order againſt
him, it is a Misbehaviour for which an Informa-
tion will lie against them: But it has been held,
that it is not abfolutely neceffary to fet it out in
the Order. Trin. 11 Geo. I. The Court of B. R.
will grant an Information against a Juftice of Peace
on Motion, for fending a Servant to the Houfe of
Correction without fufficient Caufe; if the Fufice
do not fhew good Caufe, &c. Mod. Caf. in L. and E.
•
*
. but if the Woman die, or miſcarry, &c. he ſhall
be difcharged. 6 Geo. 2. Beer and Ale fhall be fold
at fuch Rates, as fhall be thought reafonable by
Fuftices of Peace; on Pain of forfeiting 6s. 8d. a
Barrel, &c. 23 H 8. In their Eafter Quarter-Seffi-
ons yearly the Justices of Peace are to appoint
Searchers of Bricks and Tiles; who fhall make Pre-
fentments of fuch as are made contrary to the Sta-
tutes, &c. 12 Geo. I. 3 Geo. 2. Fuftices in Seffions
may order Affeffments for Repairs of Bridges, and
cauſe the fame to be levied; and alfo determine An-
noyances. They may likewife purchafe Ground, near
to any County Bridge, the better to rebuild or en-
large it. 22 H. 8. 14 Geo. 2. The Justices of Peace in their
Seffions have Power to hear and determine the Of
fence of Buggery, by Stat. 25 H. 8. A Penalty of
1001. &c. for Burning Houfes, thro' Negligence or
Careleſneſs, is leviable by Warrant of two Fufices.
6 Ann. Fuftices are to iffue their Warrants to levy
I
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on
ing others from buying Corn, or feizing any Horſe,
or Carriage loaden therewith, on the Way to a Sea-
port Town to be tranfported, . Two Fuftices
may imprifon the Offenders three Months, or not
lefs than one Month, and caufe them to be whipt:
Alfo a Justice is to examine Perfons endamaged up-
on Oath, in order to the Hundred's making it good,
the Forfeiture of 5 1. for Burying Perfons otherwife
than in Woollen, &c. 30 Car. 2. They are to levy
6 s. 8 d. on Butchers killing Meat on a Sunday; and
double Value for felling their Goods at unreafon
able Rates; and felling corrupt Meat, fhall be
fined. 3 Car. 1. 15 Car. 2.
The Penalty of 5 1. in-
filed on Taylors making or using Cloth Buttons
or Button-holes, is levied by Order of Fuftices; and c. 11 Gev. 2. But Corn may not now be exported,
one or more fuftices may fummon Parties, examine under divers Penalties. 14 Geo. 2. Perfons erecting
and convict, and levy the Penalty of 40 s. per Do- Cottages without laying four Acres of Land to them,
zen on Perfons wearing Cloth-Buttons, &c. 8 Ann. (except in Cities, or for Labourers in Mines, Cot-
Geo. 1. To hear and determine Complaints againft tages erected on the Watte by Order of Justices, &c.)
thofe as ufe or wear any printed Callico, contrary are to forfeit 10 l. and 40 s. a Month, leviable by
to Law, and levy the Penalty of 5. by Diftrefs, Order of the Justices in Seffions. 31 Eliz. Two Fu-
fubject to Appeal to the Seffions. 7 Geo. 1. Candles ftices are to view the Eftreats of Sheriffs, before
are to be examined by Justices; and Penalties le- they iffue them out of the County Court; and Of
vied by them, for deceitful mixing Tallow or other ficers levying more than is contained in the Eftreats,
Stuff with Wax, &c. Alfo to levy Forfeitures for, fhall forfeit 40 s. 11 H. 7. In the Seffions Juftices
not making Entries of Candles, and Work houfes, order general County Rates to be made on every Pa-
c. to pay the Duty. 11 H. 6. 23 Eliz. 8 Ann. rifh, to raife Money as a County Stock. 12 Geo. 2.
11 Geo. 1. Fuftices are to levy 51. Penalty on Car- The Offences of Curriers, refusing to curry Lea-
riers, &c. taking more for Carriage of Goods than ther, which makes them liable to forfeit 10 s. and
affeffed in Seffions; and 20 s. of Carriers travelling currying Skins infufficiently, &c. 6s. 8d. Penalty, are
a Sunday: And on Proof before a Justice of punish'd by Justices of Peace in their Seffions. And a
more than fix Horfes ufed by Carriers in Waggons, Justice fhall levy the Penalty of 51. if they do not
&c. the Justice is to iffue his Warrant for Delivery curry the Leather within fo many Days after fent
to the Seifor of the Horfes forfeited. 3 Car. I. 3 them. I Fac. 1. 12 Geo. 2. One fuftice may commit
4 W. &. M. 5 Geo. 1. To take Recognizances with Perfons refifting the Officers of the Customs till the
Sureties on Certiorari's to pay Cofts, if the Convic- Quarter-Seffions, where they may be fined 100 l
tion be affirmed. 4 & 5 W. & M. Perfons not re- But fuch Offenders, being fo many in Number, arm-
pairing to Church every Sunday are to forfeits. ed, &c. are guilty of Felony by a late A&t: Fuftices
for every Offence; and Disturbing a Congregation, may iffue Warrants for apprehending Perfons, and
or Mifufing a Teacher, incurs a Forfeiture of 20 feifing Goods, where they are landed without Entry;
leviable by Justices of Peace, by Diftrefs, c. 1 E- commit Carmen, &c. Seifures of Goods clande-
liz. 1 W. & M. Juftices are to levy 20 s. on Clo- ftinely run, out of the Limits of the Excife Office in
thiers, not paying their Work-People in Money: London, are to be heard and determined before Two
And the fame Penalty on Buyers of Cloth refufing or more Justices of the Peace; and Fuftices may levy
to take it according to the Meaſure, marked on the Penalty of 20 on Perfons receiving fuch Goods.
the Seal by the Mill-man; but if it contains not 13 & 14 Car. 2. 6 Geo. 1. 8 & 10 Geo. I. One or
the Quantity, the Seller fhall forfeit a fixth Part: more Justices fhall fend to the Houfe of Correction,
Makers of deceitful Cloth fhall forfeit 5 1. and fufpected Perfons lurking within 5 Miles of the Sea
faulty Cloths expos'd to Sale, are liable to Forfei-Coafts, for a Month; and levy treble Value by Di-
ture; Justices are to appoint Overfeers and Search- ftrefs of Watermen, Porters, &c. having Run-
ers of Cloth; and punish the Combinations of Wea- Goods in their Cuftody, and for Want of Diftreſs,
vers for advancing their Wages, &c. A Justice of commit them for three Months, to be whipt and
Peace may grant his Warrant to fearch for Cloth kept to hard Labour; alfo to commit Perfons offer-
taken from Tenters, c. in the Night, and to levying any Tea, Brandy, or other Goods to Sale,
the Forfeiture for fuch Offence. 3 & 4,5&6 Ed. 6. without a Permit, &c. 9 Geo. 2. To determine Of
39 Eliz. 21 Fac. I. 10 Ann. 1 & 12 G. 1. 15 G. 2. fences of Deer-stealers; and grant Warrant to levy
To levy the Penalty of 20 s. on Coachmen, demand- the Penalty of 20 1. for unlawful hunting of Deer
ing more than their Fare, giving abufive Language, in any Park, &c. and 30 l. for every Deer taken
Sc. alfo to order Satisfaction by Perfons refuling to and killed: And they are to ſend out their War-
pay a Coachman his juft Fare, and for defacing rants to fearch for Deer ftolen: Deer- ftealers rob-
Coaches, &c. 9 Ann. 1 Geo. 1. Fustices of Peace bing Forefts or Parks, armed and with Faces black-
of the feveral Counties, &c. may fet the Price of ed or difguifed, charged with Offences by Informa-
Coals fold by Retail: And Coal-Sacks are to be tion on Oath, are to furrender themselves to a Fu-
fealed and marked, and be of a certain Length ftice, and make Difcovery of their Accomplices, or
and Breadth, under 20 s. Penalty, recovered be-be Guilty of Felony. And two Justices of Peace may
fore the Fufi es 16 & 17 Car. 2. 3 Geo. 2. A Fu- certify Informations to a Secretary of State, in or-
ftice may fummon Dealers in Coffee, c. not ma-der to a Proclamation for their Surrendring, &c.
king due Entries of Wares fold, and levy the Pe-allo Fuftices in Seffions fhall give Certificates of
nalties inflicted. 10 Geo. 1. They are to levy 20 s. Perfons killed or wounded in the apprehending ſuch
on Conftables, for not apprehending Vagrants; and Deer-ftealers, to intitle a Reward of 50 l. 1 fac. I.
40 s. on them for not putting the Acts in Force a-3 & 4 W. & M. 5 & 9 Geo. 1. A Justice may re-
gainft unlicensed Alchoufe-keepers, c. and to apquire a Diffenter from the Church, to fubfcribe the
point and fwear Conttables. 13 Car. 2. 11 & 12 Declaration 20 Car. 2. and to take the Oaths, &c.
W. 3.
12 Ann. Justices of Peace, &c. may break and if he refufe, the Juftice may commit him,
and enter Houſes where Conventicles are kept; and c. 1 W. & M. Two fuftices of Peace fhall grant
fine Perfons affembled, and the Preachers therein, Warrants to fearch Houfes of Distillers for private
and alfo the Perfons in whofe Houfes the Meetings Stills, and levy Penalties, &c. And Distillers fell-
are held: And the fuftices neglecting their Duty, ing Brandy by Retail in their Houfes, are to be li-
incur a Forfeiture of 100 l. But Proteftant Diffen- cenfed by Justices as Alchoufe-keepers. 10 II
ters are excepted. 22 Car. 2. 1 W. & M. In the W. 3. 2 Geo. 2. Alfo a Fustice fhall commit to the
Quarter Seffions, Fufices of Peace may enquire of Houfe of Correction, &c. Perfons felling Spiritu-
Defaults and Extortions of Coroners, c. and fine ous Liquors or Strong Waters, without Licence
them. 1 Hen. 8. Fuftices are to afcertain the Price from the Commiffioners of Excife, and not paying
of Corn, for which a Bounty is allowed for Expor- the Penalty of 10 16 Geo. 2. Two Fuftices to exa-
tation, &c. 2 Geo. 2. And Perfons violently hinder- mine and inquire into the Value of Goods fraudu-
lently
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lently carried away, to avoid Diftrefs for Rent, being Game, incur a Forfeiture of 5 1. leviable by Fu-
under 501. Value, and order the Offender to pay ftices; and Game-keepers are to be licenfed,, and
double' Value, &c. or commit him for fix Months: their Names entered with the Clerk of the Peace,
And they may adminifter an Oath of Goods conceal- under the Penalty of 5 1. Alfo Ganie-keepers muft
ed in any Houfe, whereupon it may be broke open, be Perfons qualified, or Servants to Lords of Ma-
to diftrain the fame. And where Tenants at a Rack-nors, under the like Penalty. 11 H. 7. I Fac. I.
Rent, in Arrear one Year's Rent, leave Lands, 22 & 25 Car. 2. 4 & 5 W. & M. 5 Ann. 3 Geo. 1.
&c. unoccupied, fo that there is no Diftrefs; two A Justice of Peace may enter unlawful Gaming houses,
Fuftices may view the Premiffes, and if on Notice and commit to Prifon the Keepers thereof, &c. And
and a fecond View, the Rent be not paid, the Leafe the Seffions may inflict a Penalty of 40 s. a Day on
to be void. 11 Geo. 2. Justices are to order 5 s. to the Matters keeping them, and 6 s. 8 d. a Time
be levied on Perfons convicted of Drunkenness, by on the Gamefters reforting to them, &c. Justices
Diftrefs; and for Want of Diftrefs the Offender is to may bind to the good Behaviour Gamefters having
be fet in the Stocks. 21 Jac. 1. The Penalties in no visible Eftate; and commit them 'till they find
fli&ed on Dyers for dying Cloths deceitfully, &c. Sureties not to play for the future. 33 H. 8. 9 Ann.
not exceeding 51. are leviable by Two or more 2 Geo. 2. The Ace of Hearts, Pharaoh, and Baffet,
Fuftices, by Diftrefs; and out of the Jurifdiction of &c. declared to be Lotteries by Cards and Dice;
the Dyers Company, the Justices of Peace in Sef- the Penalties and Forfeitures on Perfons that fet up
fions appoint Searchers of dyed Cloths, to examine fuch Games, and are Adventurers therein, Justices
the fame, &c. 13 Geo. 1. To put the Laws in Exe- of Peace may order to be levied by Diftrefs. 12 G. 2.
cution relating to the Excife, and levy the Penalty Fuftices are to commit Offenders to the common
of 50 1 on Brewers fitting up or altering any Cop- Gaol; or by a late Act, they may commit Vagrants
per, Cooler, &c. without giving Notice; or keep-and Perfons charged with finall Offences, to the com-
ing any private Storehoufe; and all other Penalties mon Gaol, or Houfe of Correction: To iffue War-
and Forfeitures concerning the Duty of Excife.rants for feizing Goods of Offenders to bear the Ex-
12 & 15 Car. 2. 8 & 9 W. 3. Fuftices have Power pence of their Conveyance to Gaol; and levy Mo-
in their Seffions to inquire of Efcapes. 1 R. 3. Per-ney for building and repairing Gaols, &c. 5 H. A.
fons fufpected to have procured Money, &c. by 3 Fac. 1. 11 & 12 W. 3. 6 Geo. 1. Juftices in Seffions
Falfe Tokens, or counterfeit Letters, may be com- may hear and determine all Offences relating to
mitted by two fuftices and punished in the Quar-Goldsmiths felling of Silver, contrary to the Statute
ter-Seffions. 33 H. 8. If Witneffes in Cafe of Felo-2 H. 6. c. 14. To give Oaths, and levy Penalties for
ny, &c. refute to be bound in a Recognizance to not entering Goldſmith's Plate, &c. 6 Geo. 1. They
appear and give Evidence, a Justice fhall commit are to fummon Perfons keeping more Gunpowder in
them; or they may be bound to the Good Beha- their Houfes in London and Westminster than allowed
viour: Two or more Jufices of Peace by Appoint- by Law; and examine them, and they not re-
&
ment of Judges, may contract with any Perfon to moving it in twenty-four Hours, are liable to a Pe-
transport Felons, ordered for Transportation, and nalty of 20 s. per Hundred: And Perfons carrying
cauſe them to be delivered by the Gaolers, &c. Gunpowder thro' the Streets, not doing it in covered
2 & 3 P. & M. 4 Geo. 1. They are to iffue their Carriages, fhall forfeit the fame, on Conviction be-
Warrants for levying a Penalty not exceeding 10 s. fore two fuftices. 5 & 11 Geo. I. A Justice hall if
of Perfons taking Fish in any River, without the fue his Warrant to make Searches for any dange-
Confent of the Owner, for the Ufe of the Poor, rous Quantity of Gunpowder, and may break open
and award a Recompence, not exceeding treble Places to feife it; and order the Powder to be re-
Damages, to the Party grieved; and Angles, Nets, moved, &c. 15 Geo. 2. To levy the Penalty of
c. of Perfons not being Makers and Sellers, fhall 12 1 on Hawkers, Pedlars, &c. trading without
be feifed, &c. To levy a Sum not under 20 s. nor Licenfe, and 5 1. on Perfons refufing to produce
above 5 1. of Perfons taking Salmon or Trout out a Licence. 8 & 9 W. 3. Perfons taking more for
of Seafon, under Size, &c. And the Penalty of Hay, &c. in the King's Progrefs, than Prices fet,
20 s. for ufing Nets to deftroy the Spawn or Fry of fhall forfeit 40 s. on Conviction before one Fu·
Fish; or felling any Sea Fish, under certain ftice: And offering any Hay to be fold within the
Lengths: And to imprifon for three Months Offen- Bills of Mortality, between the last of August and
ders breaking down Fifi-Ponds, c. 1 & 5 Eliz. firft of June, which doth not weigh 56 Pounds a
22 & 23 Car. 2. 4 & 5 W. & M. 4 & 5 Ann. Trufs, &c. incurs a Penalty of 2 s. 6 d. for eve-
1 Geo. 1. One Justice may imprifon Perfons making ry Trufs, to be levied by Warrant of a Justice.
a forcible Entry on Lands, command the Sheriff to 13 Car. 2. 2 W. & M. Hedge-breakers are to render
return a Jury to enquire thereof, and order Refti- fuch Damages, and pay a Fine not exceeding 10 s.
tution, &c. And if the Sheriff, &c. neglect his as a Justice fhall appoint, or be fent to the Houfe
Duty in Cafe of forcible Entries, he fhall forfeit of Correction: Perfons nor giving a good Account
40 1. recoverable in the Quarter-Seffions. 15 R. 2. how they came by ftolen Wood, are liable to the
S H. 6. 21 Fac. I. The Offences of Foreftallers, In-fame Penalty; and Buyers of Wood ftolen to pay
groffers, &c. are inquirable of by Juftices in the treble Damages. Perfons cutting or fpoiling Tim-
Seffions, by which the Forfeitures are leviable. ber-Trees, Fruit-Trees, &c. fhall be committed to
&6 Ed 6. Fuftices may examine into the Affife the Houfe of Correction for three Months, and be
of Fuel, &c. and not being of juft and good Affife, whipped in the next Market-Town once a Month,
fhall be feifed as forfeited to the Poor. 7 Ed 6. &c. by Order of Fuftices. 43 Eliz. 15 Car. 2. 1 Geo. I.
43 Eliz. If any Perfon take Pheasants, &c. in an- Fuftices of Peace are to levy the Penalty of 5 1. on
other Man's Ground, he fhall forfeit 101 recover- Surveyors of the Highways neglecting their Duty in
able before Justices in Seffions: And killing any viewing the Roads, c. And 40 s. not making Pre-
Pheafant, Partridge, or other Game; or not giving fentments every four Months. Alfo 10 s. a Day on
a good Account how he came by them, to forfeit Perfons keeping Teams, not fending them to work;
20 s. c. which a Fuftice is to levy. Perfons keep- and not exceeding 5 1. nor under 10 s. of Perfons
keep-and 1o.
ing Guns to kill Game, not having 100 l. per Annum laying Soil in the Highways, c. Two Juftices to
Eftates, &c. fhall forfeit 10 ..And one Justice may nominate Surveyors; fuftices are to hold a Seffions
grant a Warrant to feife Guns, Dogs, &c. of un for the Highways once in four Months, under the
qualified Perfons; and alfo to fearch Houfes and Penalty of 5 1. And the Seffions may order Rates
fufpected Perfons for Game: Higlers, Carriers, and Affeffments for repairing the Highways; alfo
Victuallers, c. having in their Cuftody Hare, the Juftices there have Power to order the enlarg
Pheafant, Partridge, &c. or buying or felling anying Highways; and the Reparation of thoſe great
5
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Roads which most want Repairing, to be repaired to appeal to Seffions. The like Penalty Justices fhall
firft, c. and by a late Statute, they may order levy on Perfons keeping Offices, or publishing Pro-
Hedges to be new made or cut, adjoining to deep pofals for any Sale of Houfes, Goods, &c. by way of
and founderous Ways, &c. 2 & 3 P. & M. 5 Eliz. Lottery, Cards or Dice, and sol on the Adventurers;
13 & 14 Car. 2. 3 & 4 W. & M., S. & 9 W. 3. alfo the Justices of Peace forfeit 101. for not doing
I Geo. I. 7 Geo. 2. Fustices of Peace in their Sef what is required. 8 & 9 Geo. I. 6 Geo. 2.
fions, may adjudge when Highways are repaired 2. Juftices in Seffions may reftrain a fuperfluous
by Turnpikes; and commit Offenders relating to Number of Maltters; examine into the Goodneſs
them, &c. 8 Geo. 1. 1 Geo. 2. A Penalty of 5s for of Malt, which is not to be mingled bad with good,
every Pound of Hops conveyed away privately from c. One Justice may levy the Penalty of 101 on
the Place of Growth, fhall be levied by Warrant Malfters not entering their Malt, for Payment of
of one fuftice: And 51. per Hundred, for mixing the Duties; and two Fuftices levy the Forfeiture of
unlawful Ingredients with Hops, to alter the Co- sol. for altering Steeping Veffels, without giving
lour, &c. 9 Ann. 7 Geo. 2. Fuftices in Seffions are Notice to the Office of Excife, &c. but the Penalties
to punish Offences against the 32 H. 8. for putting may be mitigated, fo as not to be lefs than double
Horfes into Commons, &c. under fifteen Hands Duty. 2 & 3 Ed. 6. 39 Eliz. 8 & 9 W. 3. 2 Ann.
high: And the Forfeiture of 5 1. of Perfons felling 1 Geo. 1, &c. To grant Certificates of Malt having
Horfes in a Fair or Market, without producing paid Duty, loft or destroyed by Fire, caft away in
Vouchers of Sale to Toll-takers, is leviable by Fu Barges, &c. in order to its being repaid. 9 Geo. 1.
ftives: And Fuftices fhall take the Oaths of Witnef- Meafures, &c. Selling by that are falfe and unlaw-
les to prove a ftolen Horfe to be the Owner's, &c. ful, to levy the Penalties; and the Statutes for afcer-
31 Eliz. Fuftices are to make Orders in their Seftaining Meaſures are to be given in Charge by Fu-
22 23
fions for creting Houses of Correction, and Puniſhment fices, at the Quarter-Seffions. 16 Car. I.
of Offenders, &c. And not being a Houfe of Cor- Car. 2. 11 & 12 W. 3. To fend to the Houſe of
rection in every County, the Justices fhall forfeit Correction for one Month, Perfons drawing up
5 1. cach: They may order more fuch Houſes to be | Floodgates in Wears or Locks, for preferving Navi-
built, where there are not fufficient, or others to gation. 8 Geo. 2. A Fuftice may bind Night-walkers
be enlarged, on Prefentment of the Grand Jury at to the good Behaviour, c. 13 Ed. 1. Nonconformists
&c.
the Affifes, c. And the Justices of Peace fhall fee to the Church of England, being in any Office, &c.
that the Houſes of Correction are well fitted up, on Information before á Fuftice of Peace, to forfeit
and fupplied with all Neceffaries, &c. A fuftice 401. and their Offices, &c. 1o Ann. See 5 Geo. I. Two
may commit any idle Perfon to the Houfe of Cor- Justices may fummon Perfons fufpected of Difaf
39 Eliz. 1 Fac. 1. 13 & 14 Geo, 2. Infection to the Government, and tender them the
formers compounding with Offenders, &c. it fhall Oath of Supremacy, and Abjuration, &c. And they
be inquired into by Justices of Peace: Tho' they may fummon any Perfons to appear and take the
cannot try an Information, without Power by fome Oaths; Jufties in the Quarter-Seffions are to admi-
Statute. 18 Eliz. Fuftices are at Midfummer Seffions nifter the Oaths to Officers in the Government.
to iffue Warrants to Conftables, to prepare Lifts of Eliz. 25 Car. 2. 1 & 13 W. 3. 1 Ann. I Geo. I.
Freeholders to ferve on Furies qualified by Law, Papifts fhall take the Oaths in the Seffions of the
c. And Lifts of Jurors fhall be fet Right by Fu- Juftices, or in Default regiſter their Eftates, on Pain
tices in Seffions, being certified thither by Confta- of Forfeiture, &c. And all Perfons of eighteen Years
bles, and then Duplicates delivered to Sheriffs, &c. of Age muft take the Oaths, or regifter their Eftates as
7 & 8 W. 3. 4 Ann. 3 Geo. 2. One Justice may im- Papifts, under Penalties. 1 Geo. 1. and 9 & 10 Geo. I.
prifon Labourers for a Month, departing without Li-Juftices of Peace are to confent to Petitions to the
cence: And Fuftices in Seffions are to affefs the Wa-King and Parliament, &c. and to adminifter Oaths to
ges of Labourers, &c. 5 Eliz I Fac. 1. To levy returning Officers of Members of Parliament, &c.
the Penalty for Defaults in hanging out Lamps, in 13 Car. 2. 9 Ann. The A&t against Bribery and Corrup-
the Streets, in London and within the Bills of Mor- tion, in ele&ting Members of Parliament, must be read
tality. 2 W. & M. One or more fuftices for the once a Year by Order of Justices at their Seffions;
City of London, on Conviction of Perfous breaking as well as by Sheriffs, &c. at Elections. 2 Geo. 2.
down any Lamps, or damaging the Pofts, Iron, &c. A Fine of 201. and fix Months Impriſonment, Pil-
to caufe the Penalty of 40 s. &c. to be levied on lory, &c. for wilful Perjury, &c. may be inflicted
Offenders by Diftrefs, and for Want thereof, com- by the Quarter-Seffions. 5 Eliz. At Michaelmas
mit them to the Houfe of Correction for three Seffions, Fuftices are to appoint Searchers of Pewter
Months. 9 Geo. 9. Searchers and Triers of Leather and Brafs, to fee it is lawful Metal. 25 H. S. Fu-
are to be appointed in all Places by Mayors and flices of Peace may tax Inhabitants of Places towards
Justices of Corporations, &c. under the Penalty of Relief of poor Perfons having the Plague; and cauſe
And Perfons hindering the Search, incur a fuch infected Perfons to be whipped as go Abroad,
Forfeiture of 51. Buying tanned Leather before &c. The Fuftices and Head Officers hall appoint
fearched, the fame fhall be forfeited, c. the Pe- Searchers and Keepers of Perfons, &c. Also Fu-
nalties recoverable before the Justices in the Quar-ftices may order Watches to prevent any one's co-
ter-Seffions: Journeymen Shoemakers purloining or
imbeziling Leather, fhall be ordered by Juftices to
make Satisfa&tion for Damages, leviable by Diftrefs;
alfo the Justices are to make Warrants to fearch for
fuch Leather, and reſtore it, &c. I Fac. 1. 9 Geo.
1. 13 Geo. 2. One Justice may grant a Warrant to
ſearch for any Book taken out of a Parish Library;
and order it to be restored. 7 Ann. A Fustice to
iffue his Warrant, for levying 20s. Penalty, for an-
noying Lincoln's-Inn-Fields Square with Filth; and
40 s. upon Perfons that ufe any Sports, ride Horfes,
or break down Fences, &c. erected there. S Geo. 2.
Perfons fetting up private Lotteries, fhall forfeit
500l. leviable by Two or more Juftices of the Peace,
c. who have Power to fupprefs unlawful Lotteries;
and fetting up Lotteries under Grants of any fo-
reign Prince, is liable to 2007. Forfeiture; fubject
40 s.
C.
ming on Shore from Ships which are to perform.
Quarentine. 1 Fac. 1. 9 Ann. 7 Geo. I. Two Ju-
ftices may determine in a fummary Way, Offences
of Players, that act without Licence, or contrary
to the Prohibition of the Lord Chamberlain, &c.
and levy the Penalty of 501. by Diftrefs and Sale of
Goods; or for Want thereof, commit Offenders to
the Houfe of Correction for fix Months. 10 Geo. 2.
Juftices are to appoint Overfeers of the Poor yearly
in Easter Week, on Pain of 51. who shall meet once
A Fuftice may
a Month under the Penalty of 205.
confent to Overfeers, &c. fetting up a Trade for
employing the Poor; and iffue his Warrant for re-
lieving a poor Perfon by a weekly Allowance: And
Fuftices may make a Tax for Relief of the Poor,
&c. who must wear Badges, or be fent to the Houfe
of Correction: Juftices are to make Orders for re-
moving
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moving Perfons coming into Parishes, and renting for felling it at a greater Price, or under Weight,
under 10l. a Year, &c. not coming by Certificate; c. And Justices may levy 401. Penalty for not en
and Overfeers refufing to receive a Perfon removed tering Salt-Pits, in order to Payment of the Duty
by Order of Justices fhall forfeit 51. The Goods of on Salt, &c. 9. Es 10 W. 3. 5 E 6 W. 3. 9 Ann.
Perfons leaving poor Children on the Parish may 57 Geo. 2 One Justice may levy a Penalty of
be feifed by Fuftices Warrant: But Juftices of Peace 107. on Scavengers in London, &c. duly chofen, refu
are not to order Relief to poor Perfons till Oath is fing to ferve; and 40 s. for not bringing their Carts
made of reaſonable Cauſe, and that the Party was to take away the Dirt; alfo 3 s. 4d. a Day of Houfe-
refuſed to be relieved by the Overfcers, &c. Juftices keepers not fweeping the Streets before their Doors
in Seffions are to award Cofts on Appeals concerning Wednesdays and Fridays, &c. The Scavenger's Tax is
Settlements of Poor. Witneffes to make Oath of to be allowed by two fuftices; and the Quarter-Sef
the figning Certificates, that poor Perfons are Pa- fions may appoint Scavengers, and order Affeffments
rishioners at another Place, &c. before the Juftices, in any City or Market-Town. 2 W. & M. 1 Geo. I.
and then the Certificates to be allowed as Evi- See 2 Geo. 2. Schoolmasters not repairing to Church
dence; and Overfeers fhall be reimbursed the or allowed by the Ordinary, fhall be impriſoned a
Charges of removing back Certificate Perfons, le- Year, and Perfons retaining them forfeit 10l. a
viable by a Justice's Warrant. 43 Eliz. Car. 1. Month, recoverable before Juftices of Peace in the
3
13 & 14 Car. 2. 2, 3 & 4 W. & M. · 8 &
2, 3 & 4 W. & M. 8 & 9 W. 3. Seffions. 23 Eliz. A Justice may iffue his Warrant
5 & 9 Geo. I. 3 Geo. 2. By an old Stature, Fuftices to apprehend Seamen, deferting from Ships after
of Peace in their Quarter-Seffons may lay a fmall Contracts made, and commit them to the House of
Tax on every Parish in the County, for Relief of Correction, &c. 2 Geo. 2. Unmarried Perfons re-
pcor Prifoners. 14 Eliz. All Sums under 51. due for fufing to go to Service, are to be fent to the Houſe
Poftage of Letters, are recoverable before two of Correction, by Juftices; and Servants departing
Justices in the fame Manner as fmall Tithes. 9 Ann. without giving a Quarter's Warning, fhall be
Publishers of falle Prophecies fhall forfeit 101. and bound over to the Seffions; and two Faftices may
be imprisoned a Year, being convicted at the Sef commit them till they give Security to ferve the
fions of the Peace. 5 Eliz. Perfons making Pur- Time agreed: Mafters putting away Servants, with-
veyance of Victuals for the King, &c. on Pretence out giving a Quaater's Warning, fhall forfeit 40s.
of any Warrant, upon Complaint of the Party Servants affaulting their Mafters, are to be impri-
grieved, fhall be committed by one fuftice till the foned one Year, or lefs; and if a Servant be abu-
next Seffions. 12 Car. 2. The Declaration of Fi- fed by the Mafter, &c. Juftices may diſcharge him.
delity and the Chriftian Belief, is to be fubfcribed 5 Eliz. In the Seffions Justices are to fwear Com-
by Quakers before two Justices of Peace, for them miffioners of Sewers; and on their Commiffion be-
to be entitled to the Benefit of the Statute W. &ing determined, fix Fuftices may execute the Laws
M. &c. j & 8 W. 3. 8 Geo. 1. Recognisances arc concerning them, &c. 13 Eliz. A Justice is to le-
taken by Fuftices in many Cafes; and Recognifances vy 201. Forfeiture on Perfons removing Piles, uſed
for the Peace must be certified by the Fuftices at
the next Quarter-Seffions, &c. 3 H. 7. Juftices
may commit Popish Recufants refufing to take the
Oaths, and to appear and make the Declaration.
30 Car. 2:
And their Arms, &c. fhall be feifed:
Recufants not repairing to their ufual Places of
Refidence, or removing above five Miles from
thence, are to abjure the Kingdom; and the Sef
fions fhall make Proclamation for Recufants to
furrender themſelves. 35 Eliz. 3 & 7 Fac. 1. 1 W.
EM. Fuftices in the Quarter-Seffions are to fwear
Registers, and two Juftices fign the Books of Regi-
fter of Deeds in Yorkshire, c. 6 & 7 Ann. If any
Perfons deny the Chriftian Religion to be true. &c.
Information is to be made thereof before a fuftice
of Peace, within four Days after the Words fpoken.
9 & 10 W. 3. The two next Juftices, with the
Sheriff and Power of the County, fhall fupprefs
Riots, record and certify them, &c. And Perfons
guilty of heinous Riots, fhall fuffer one Year's Im-
prifonment: One Juftice may require Rioters affem-
bled to the Number of Twelve to difperfe; and if
they continue together an Hour after Proclamation,
it is Felony: Juftices not inquiring of Riots, or
neglecting their Duty therein, fhall be fined.
13 H. 4. 2 H. 5.
1 Geo. 1. One Fuftice of Peace is
to examine Perfons robbed upon Oath, when a
Robbery is committed; and grant Warrants to make
Hue and Cry after the Robbers, &c. Two Juftices
may ſet a Tax on the Hundred where the Robbery
is done, to answer it; and when Money is recovered
against the High Conftable, &c. 27 Eliz. 28 Ed. 3.
8 Geo. 2. Three Fuftices are to take Informations a-
gainft Contemners of the Sacrament, ſend our a Writ
of Capias exigend', &c. against them to appear, and
upon their Appearing may fine and impriſon them.
One or more Juftices to grant Warrants
for levying the Forfeiture of 107. on Perfous not
fixing Stamps to every Piece of Sail Cloth by them
made; and alfo 51. for wilfully cutting off, or obli-
terating them. 9 Geo. 2. Juftices in Seffions are to
fet the Prices of Salt; and levy the Penalty of 57
1 Ed. 6.
for preventing Inundations, by Diftrefs, &c. 10
Geo. 2. Juftices of Peace make Proceffes againſt
Sheriffs, on Information of a Party grieved, c.
23 H. 6. To levy the Penalty of 51. for firing Guns
in Merchant Ships in the River Thames, after Sun-
fet, &c. or melting combustible Matter therein:
And the like Penalty of Ballaftmen, refufing. to
work for Wages appointed, &c. Geo. 2. 6 Geo. 2.
If any Shoemaker make Shoes or Boots of Leather
that is infufficient, or few them flight and ill, c.
he forfeits 3 s. 45. and the Value of the Wares,
when convicted in the Seffions of the Justices. 1 Fac. 1.
On Proof that Winders of Silk delivered by Silk-
throwers, detain or purloin the fame, c. a Justice
fhall order Recompence to be made. 13 & 14 Car. 2.
One Justice may relieve fuch as have more Soldiers
quartered on them than they ought, and has Power
to regulate Quarters; and Juftices in Seffions are to
appoint the Pay of Soldiers for Victuals, &c. in
their Quarters: Fuftices may commit Perfons per-
miting themfelves to be falfly muttered, and De-
ferters; levy the Penalty of 51. for harbouring De-
ferters, &c. During the Wars, three Fufices of
Peace had Power to fend Warrants to Conſtables to
bring before them able-bodied Men, having no law-
ful Callings, or viſible Means for their Maintenance,
and deliver them over to the Officers to ferve in the
Army. Juftices are to provide Carriages on the
March of Soldiers; and in Seffions may tax Parishes
towards relieving Maimed Soldiers, &c. 43 Eliz.
& 12 Ann.
3
1 Geo. I. No Justice having a
military Office fhall be concerned in quartering
Soldiers in the Company under his Command, &c.
by Geo. 2. And a Fuftice is to certify that a Sol-
dier was lifted voluntarily, by his free Affent; and
give him the Oath of Fidelity, &c. S Geo. 2. 13 Geo. 2.
To levy the Penalty of 5 1. for making or felling of
Squibs, &c. and 20s. on Perfons throwing them.
9 & 10 W. 3. Two Faftices may hear and deter-
mine Forfeitures not exceeding 201 upon any of
the Statutes relating to the Stamp Duty; and iffue
Warrants to levy the Penalty by Diftrefs, &c.
9 Ann.
2 Eis
*
5
JU
JU
}
9 Ann. And fuftices fhall commit to the Houfe of
Correction for three Months, fuch Perfons as fell 1
News Papers, not being ftamped. 16 Geo. 2. They
are to caufe 5 s. to be levied on thoſe who do any
worldly Labour on a Sunday; and the fame Penal-
ty on Perfons ufing Boats, without the Allowance
of a Justice of Peace; Perfons prefent at Bull-bait-
ings, &c. on a Sunday, fhall forfeit 3 s. 4 d. 29
Car. 2.
Warrens, &c. 22 & 23 Car. 2.
Peace for Middlefex, &c. may determine Offences
The Fustices of
of Watermen on the Thames, and levy Penalties,
c. 29 Car. 2. 11 & 12 W. 3. 2 Geo. 2. 10 Gec. 2.
Fuftices fhall caufe Night Watches, to he kept for
arretting fufpected Perfons, c. 4 H. 7. Rates
and Affeffments for maintaining the Watch, and
Beadles, &c. in large Pariſhes of Westminster, hall
The Writ Supplicavit iffuing out of Chan-be allowed by two Juftices; who may commit Col-
cery, &c. for taking Sureties of the Peace, is di- lectors not accounting, 'till they pay over the Mo-
rected to Fuftices and the Sheriff. 1 Ed. 3. For ney, &c. 9 Geo. 2. To levy 5 s. of Perfons keep-
profane Swearing one Justice fhall grant his Warranting Weights and Meafures, not according to the
to levy the Penalty of is. for the first Offence, Standard; and 5 1. of Clerks of Markers, for falfe
and double for the fecond, c. of Servants, Labour- Sealing of Weights, &c. 8 H. 6. 16 Car. I. Justi
ers and common Soldiers, and 2 s. of others, or fet ces of Peace are appointed Commiffioners for execu-
the Offenders in the Stocks; and a Fuftice negle&t-ting the Acts for levying the Window Tax; and two
ing his Duty is to forfeit 5 1. 21 Jac. 1. 6 & 7 Fuftices may act therein. S Ann. Three Fuftices may
W. 3. The Juftices in the Seffions, levy Penaltics appoint Collectors; and are to caufe the Duties on
of Tanners over Liming, or unlawfully tanning Windows to be re-affeffed and levied on Pariſhes
Hides, &c. 1 Fac. 1. And the Penalty of 501. on anfwerable for the Collectors, where there is any
Tanners for not entering their Tan-yards, &c. for Arrear. 6 Geo. 1. Juftices have Power to inquire
paying the Duty on Leather, is levied by Fuftices. into Wine fold at reafonable Rates, fer by the Lord.
9 Ann. Journeymen Taylors making Contracts for Chancellor, c. 28 H. 8. And two Juftices to li-
advancing their Wages, are to be committed to the cence Retailers of English made Wines. 10 Geo. 2.
Houfe of Correction; and Fuftices may order Pay- Perfons employed in the Manufactures of Wool, &c.
ment of their lawful Wages, and punish thofe Tay- imbeziling Yarn or other Materials, fhalt forfeit
lors who give more than allowed; alfo inflict a Pu-double the Value, or be ordered by Fuftices of Peace
nifhment on Journeyinen Taylors leaving their to be fent to the Houfe of Correction, and there
Work unfiniſhed, 7 Geo. I. On Complaint to two whipped; and for the fecond Offence forfeit four
Juftices by a Judge of the Ecclefiaftical Court, they Times the Value. 1 Ann. 13 Geo. 2. The Justices
have Power to commit a Defendant in a Suit for near the Sea Coafts are to command Conftables to
Tithes, for Contumacy, &c. 2732 H. 8. Small be aiding in the Prefervation of Ships from Wrecks;
Tithes under 40 s. with-held, are to be determined and if any Perfons enter Ships, without Leave, two
by two fuftices of the Peace, upon Complaint; and Justices may order them to make double Satisfac-
the Justices may fummon Perfons, examine them on tion, &c. Alfo to give Teftimonials or Paffes to fhip-
Oath, c. and order an Allowance for the Tithes, wrecked Perfons. 12 Ann.
with 10 s. Cofts: Quakers refufing to pay Tithes, Justices of Peace within Liberties, (Jufticiarii
under to is likewife determinable by Juftices. ad Pacent infra Libertates) Are fuch in Cities, and
7 8W.3 and this is made to extend to any Tithes other Corporate Towns, as the others are of the
or Church Rates of Quakers, by 1 Geo. 1. If any County; and their Authority is all one within the
Tobacco is planted in England, Fuftices fhall grant feveral Territories and Precincts, having befides.
Warrants to fearch for and deftroy it; and the Per- the Affife of Ale and Beer, Wood, Victuals, &c.
fons planting it, incur a Penalty of 40 s. per Rod: 27 H. S. c. 25. But if the King grant to a Corpo-
Perfons employed in cutting Walnut-Tree Leaves, ration, that the Mayor and Recorder, &c. fhall be
c. to refemble Tobacco, are to be committed to Justices of Peace within the City; if there be no
the Houfe of Correction by Fuftices. 12 Car. 2. Words of Exclufion, Justices of the County have
22 & 23 Car. 2. i Geo. 1. Warrants not to be iffued concurrent Jurifdiction with them; and the King,
by the Lieutenancy for levying Trophy-Money, till the notwithstanding his Charter, may grant a Commif
Fuftices in Seffions have allowed the Accounts, and fion of the Peace fpecially in that City or County.
certified the fame. 12 Ann. I Geo. I. Two Fufti- 2 Hale's Hift. P. C. 47. Alfo where the Justices of
ces may grant Warrants to levy the Penalty of 51. any Corporate Town, deny doing Right; Fustices of
on Perfons affaulting Toll Colle&tors, and paffing the Peace of the County, may inquire into it, as
through a Turnpike Gate without paying, &c. Fu-hath been lately adjudged. Mod. Caf. 164. The
ftices likewife levy the Penalty upon Perfons ha- Juftices of Peace in Cities, or Towns Corporate,
ving their Waggons over loaden beyond fuch a may commit Perfons apprehended within their Li-
Weight, and a Forfeiture for hindering the Weigh-berties to the Houfe of Correction of the County,
ing. And one fuftice may take Informations of the &c. which Perfons fhall be liable to the like Cor-
Damage, on breaking down Turnpikes, to be paid rection and Punishment, as if committed there by
by the Hundred. 8 Geo. 2. 14 Geo. 2. One Fuftice any Fuftice of the fame County. Stat. 15. Geo. 2.
is to examine Vagrants, and grant Paffes to their 24. Fuftices of Cities and Corporations, are not
Places of Settlemment or Birth; and to give Certi- within the Qualification A&t. 5 Geo. 2. See Mayors.
ficates to Conftables, afcertaining how they are to Justices of Trail bafton, Were Juftices appoint-
be paffed, &c. fend Vagrants wandring and idle Per-ed by King Ed. 1. during his Abfence in the Scotch
fons to the House of Correction; alfo commit va- and French Wars. They were fo ftiled, fays Hollins-
gabond Rogues for fix Months, and order them to be head, of trailing or drawing the Staff of Justice; or
publickly whipped as often as they think fit: They for their fummary Proceeding, according to Sir
may levy a Penalty not exceeding 40 s. nor under Edward Coke, who tell us, they were in a Manner
10 s. on Perfons permitting Vagrants to lodge in Fuftices in Eyre; and it is faid, they had a Bafton, or
their Houſes, or Outhoufes, &c. and a Forfeiture Staff delivered to them as the Badge of their Office,
of 5 1. upon Mafters of Ships importing any Va-fo that whoever was brought before them was Traile
grant, or Vagabond, or refufing to transport them ad Bafton, traditus ad Baculum; whereupon they had
Back And Justices in Seffions are to appoint Rates the Name of Justices de Trail-Bafton, or Fufticiarii ad
for conveying of Vagrants, &c. 13 Gev. 2. Victual-trahendum Offendentes ad Baculum vel Bafton. Their
lers are to fell their Victuals at reafonable Prices, Office was to make Inquifition thro' the Kingdom
appointed by Justices of Peace in the Eafter and on all Officers and others, touching Extortion, Bri-
Michaelmas Seffions; or fhall be punished by Fine,
c. 21 Fac. 1. A Fuftice may levy a Penalty not
above 10 s. for killing Conics on the Borders of
:
bery, and fuch like Grievances; of Intruders into
other Mens Lands, Barretors, Robbers and Breakers
of the Peace, and divers other Offenders; by
5 T
Means
C.
JU
KE.
1
:
Means of which Inquifitions, fome were punished concern a local Thing, a Justification in one Place
with Death, many by Ranfom, and the reit Aying
the Realm, the Land was quieted, and the King
gained great Riches towards the Support of his
Wars. Mat. Weftm. Anno 1305. A Commiffion of
Trail Baston was granted to Roger de Grey, and others
his Affociates, in the Reign of King Edw. 3. Spelm.
Gloff
is not a Juftification in another Place; for in the
former Cafe the Place is not material, but the meer
Doing or Taking of the Thing is the Subſtance;
and in the latter the Place is material, as the De-
fendant may be able to justify to one Place, and not
in another. Pafch. 24 Car. B. R. 2 Lill. Abr. 134.
If the Matter of the Juftification is local, there the
Defendant ought to fhew the Caufe ſpecially and
Cro. Eliz. 667. If one have Corn upon the Lands
of another, and he take it, and the Owner of the
Ground fues him, he muft juftify, and may not plead
Not guilty. 5 Rep. 85. In Action for entering a
Clofe, and taking Corn; the Defendants may justify
they did it as Servants to the Parfon; and that the
Corn was Tithe, fevered from the Nine Parts, &c.
Though this was faid to amount only to the Gene-
ral Iffue. 2 Keb. 44. A Man may plead in Justifi-
cation, that Land is his Freehold, on making an En-
try thereon, &c. That one entered a Houſe, to
apprehend a Felon; or by Warrant, to levy a For-
Justice-Seat, Is the higheſt Court that is held in
a Foreft, and always held before the Lord Chief Ju-traverse the Place; but not where it is tranfitory.
ftice in Eyre of the Foreft, upon Warning forty Days
before; and there Fines are fet for Offences, and
Judgments given, &c. Manwood's Foreft Law, c. 24.
The Fine and Amercement of the Justices in Eyre,
for talfe Judgment, or other Trefpafs, fhall be af-
feffed by the faid Juftices upon the Oaths of Knights,
and other honeft Men, and be eftreated into the
Exchequer. Stat. 3 Ed. 1. c. 18. And Justices in Eyre
fhall appoint a Time for delivering in all Writs by
the Sheriff, &c. 13 Ed. 1. c. 10,i
Justicier, A Fuftice or Fuficer; as the Lord Bir-
mingham was Fufticier of Ireland. Cron. Angl. In the
Court of King's Bench, Juftice was anciently admini-feiture; to take a Diftrefs, &c. And in Affault,
tred fometimes by the King, and fometimes by the
High Fufticier; who was an Officer of very great
Authority. 2 Hawk. 6.
that he did it by Neceffity, &c. Lib. Ent. Shep. E-
pitome 1041. Words fpoken may be justified, becauſe
fpoken in a legal Way; and for Words the De-
fendant may justify in an Action; but not in an In-
There is
dictment, &c. I Dany. 162. 3 Salk. 226.
a juftifiable Homicide, &c. and juftifiable Affault. See
Affault.
Jufticies, Is a Writ directed to the Sheriff in
fome fpecial Cafes by Virtue of which he may
hold Plea of Debt in his County Court for a large
Sum; whereas otherwife by his ordinary Power he
is limited to Sums under 40 s. F. N. B. 117. Kitch. Justificators, (Juftificatores) Are a Kind of Com-
74. It is called Jufticies, because it is a Commiffion purgators, or thofe that by Oath justify the Innocen-
to the Sheriff to do a Man Justice and Right, begin-cy, or Oaths of others; as in the Cafe of Waging
ning with the Word Jufticies, &c. Bract. lib. 4. makes
Mention of a Jufticies to the Sheriff of London, in
a Cafe of Dower; and it lies in Account, Annuity,
Cuſtoms and Services, &c. New Nat. Br. In Debt,
the Writ runs thus: The King, To the Sheriff of S.
Greeting: We command you, that you Juftice A. B. that
justly and without Delay he render to C. D. five Pounds,
which to him he oweth, as it is faid, and as reasonably
he can fhew, that he ought to render him; that no more
Clamour thereof we may bere, for Default of Fuftice,
&c.
Juftification, (Fuftificatio) Is a Maintaining or
Shewing good Reafon in Court why one did ſuch a
Thing which he is called to anſwer. Broke. And
Pleas in Fuftification, are to fet forth fome fpecial
Thing, whereby the Party justifies what he hath
done, `concerning Lands or Goods; as that he
did it by Authority: And this may be by the
Law, or from another Perfon; wherein to make it
right, there must be good Authority, which is to
be exactly purfued. Shep. Epitom. 1041. Juftifica-
tion may be in Treſpaſs, and under Writs, Proceffes,
c. But a Perfon cannot justify a Trefpafs, unleſs
he confeffeth it; for he ought to plead the fpecial
Matter, and confefs and justify what he hath done:
And where it cannot be pleaded, Fuftification may
be given in Evidence. 3 Salk. 218. Where a De
fendant justifies in Trefpafs, on his Poffeffion, by
Virtue of any Eftate, he muft fhew his Title; but
when the Matter is collateral to the Title to the
Land, it is otherwife. 2 Mod. 70. If a Sheriff, or
other Officer, juftifies by Virtue of any returnable
Writ, he is to fhew that the Writ was returned;
though he need not, if the Writs are not returnable
Writs. Salk. 409. And it must be fhewed from
what Courts Writs iffue. Ibid. 517. Fuftification may
be by the Command of an Officer, to aid him; but
the Command is traverfable: If a Fuftification is
made for ſeveral Caufes, and fome of them are
good, and fome not good; that fhall not make the
whole Fuftification void, but for thefe only, and it
fhall be good for the reft. 2 Nelf. Abr. 1067. When
the Action concerns a tranfitory Thing, if the De-
fendant do justify the Taking or Doing in one Place;
this is a fuftification in all Places: If the Action
of Law: And we read in Spelman, who leaves this
Word without Explication. Will. Rex Anglia H.
Camerario & Juftificatoribus fuis, omnibus fuis fideli-
bus Norf. Salutem: Inquirite per Comitatum quis juftius
bujufmodi Forisfacturam haberet tempore Patris mei, five
Abbas Ramefia, &c.
Juftitia, A Judge; alfo a Statute or Ordinance;
and fometimes a Jurifdiction, as antiently used.
Leg. Hen. 1. c. 42. See Justice.
Jufticias facere, Signifies to hold Plea of any
Thing. Selden.
K1
K.
XJX, Area in littore onerandarum atque exone-
randarum Navium caufa, è compactis tabulis tra-
bibufque (clavium inftar) firmata. Spelm.
Kaiagium. Portorium quod Kaiæ nomine exigit Te-
lonarius: The Toll-Money paid for loading or un-
loading Goods at a Key or Wharf. Pat. 20 Ed. 3.
See Key.
Kalendar Month, Confifts of thirty or thirty-one
Days, (except February, which hath but eight and
twenty, and in a Leap-Year nine and twenty) ac-
cording to the Kalendar; twelve of which Months,
make a Year. Stat. 16 Car. 2. c. 7.
Balende, Rural Chapters or Conventions of the
Rural Deans and Parochial Clergy, ſo called be-
caufe formerly held on the Kalends, or firſt Day of
every Month. Paroch. Antiq. 640.
Kalends, The Beginning of a Month, &c. See
Calends.
Kantref, (Brit.) In Wales a Cantred or Hundred
Le premier Conquereur des treis Kantrefs de la
terre de Brecknock, &c. Mon. Angl. Tom. 1. fol. 319.
Karle, (Sax ) Is a Man, and with any Addition
a Servant or Clown; as the Saxons called a Dome-
ftick Servant, a Huskarle: From whence comes the
modern Word Churle. Domefd.
Karrata fœni, A Cart-Load of Hay. Mon. Angl.
Tom. I. p. 548. See Carecta.
Rebbars, The Refufe of Sheep drawn out of a
Flock, Oves rejicula; likewiſe called Cullers. Cooper's
Thefaur.
Beelage,
I
į
KE
Keelage, (Killagium) A Privilege to demand Mo-
ney for the Bottom of Ships refting in a Port or
Harbour. Rot. Parl. 21 Ed. 1.
Keelmen, Are mentioned among Mariners,
men, &c. in the Statute 7 & 8 W. 3. c. 21.
ΚΙ
Convenience of ſhooting Arrows, and making o-
ther Defence. Du Frefne derives this Word from
Quarnellus, or Quadranellus, a four-fquare Hole or
Sea-Notch; ubicunque patent Quarnelli fiue feneftra: And
this Form of Walls and Battlements for military
Ufes might poffibly have its Name from Quadrellus
a four-fquare Dart. It was a common Favour gran-
ted by our Kings in ancient Times, after Castles
were demolifhed for Prevention of Rebellion, to
give their chief Subjects Leave to fortify their
Manfion-Houfes with Kernelled Walls.
centiam dedimus Fobanni de H. Quod ipfe manfum fu-
um de B. in Com. &c. Muro de Petra calce firmare
Kernellare poffit. Dat. 12 Sept. 1312. Paroch. An-
tig. 353.
Keels, To carry Coals, &c. Vide 6 & 7 W. 3.
Beep. A ftrong Tower or Hold in the Middle of
any Castle or Fortification, wherein the Befieged
make their laft Efforts of Defence, was formerly in
England called a Keep: And the inner Pile within
the Caftle of Dover, erected by K. Hen. 2. about the
Year 1153. was termed the King's Keep; fo at Wind-
for, &c. It ſeems to be fomething of the Nature with
what is called abroad a Citadel.
Keeper of the Fozet, (Cuftos Forefta) Or chief
Warden of the Foreft, hath the principal Govern-
ment over all Officers within the Foreft; and warns
them to appear at the Court of Justice Seat, on a
general Summons from the Lord Chief Juftice in
Eyre. Manwood, Part 1. p. 156.
:
:
·Li-
Kernellatus, Fortified or embattelled, according
to the old Fashion; and the Duke of Lancaſter
claimed to him and his Heirs, Caftrum fuum de Hal-
ton Kernellatum. 31 Ed. 3. Pl. de
Warrant. apud
quo
Ceftriam. And we read Caftrum duplici muro Kernel-
latum, &c. Surv. Dat.h. Cornw.
-
*
Bernes, Idle Perfons, Vagabonds. Ordin. Hibern.
31 Ed. 3. m. 11, 12.
Keeper of the Great Seal, (Cuftos magni figilli)
Is a Lord by his Office, ftiled Lord Keeper of the
Great Seal of England, and is of the King's Privy
Council Through his Hands pafs all Charters, Bey. The lawful Keys and Wharfs for the La-
Commiffions and Grants of the King, under the ding or Landing of Goods belonging to the Port of
Great Seal; without which Seal many of thofe London, are the following, viz. Chefter's Key, Brewer's
Grants and Commiffions are of no Force in Law, Key, Galley Key, Wool Dock, Custom-house Key, Bear
for the King is by Interpretation of Law a Corpora- Key, Porter's Key, Sab's Key, Wiggan's Key, Young's
tion, and paffeth nothing but by the Great Seal, Key, Ralph's Key, Dice Key, Smart's Key, Somer's Key,
which is as the Publick Faith of the Kingdom, in Hamond's Key, Lyon's Key, Botolph Wharf, Graunt's
the high Efteem and Reputation juftly attributed Key, Cock's Key, and Fresh Wharf; befides Billingſgate,
thereto. The Great Seal confifts of two Impreffions, for Landing of Fifh and Fruit; and Bridge boufe in
one being the very Seal itſelf with the Effigies of Southwark, for Corn and other Provifion, &c. but
the King ſtamped on it; the other has an Impref-for no other Goods or Merchandife. Deal Boards,
fion of the King's Arms in the Figure of a Target, | Mafts and Timber, may be landed at any Place be-
for Matters of fmaller Moment, as Certificates, &c.tween Lime-houſe and Westminster; the Owner firft
that are uſually pleaded Sub pede Sigilli. And an paying or compounding for the Cuftoms, and decla-
ciently when the King travelled into France or o-ring at what Place he will land them. Lex Mercat.
ther Foreign Kingdoms, there were two Great Seals; 132, 133.
one went with the King, and another was left with
the Cuftos Regni, or the Chancellor, c. If the
Great Seal be altered; the fame is notified in the
Court of Chancery, and publick Proclamation made
thereof by Sheriffs, &c. 1 Hale's Hift. P. C. 171,
174. The Lord Keeper of the Great Seal, by Statute
5 Eliz. c. 18. hath the fame Place, Authority, Pre-
heminence, Jurifdiction and Execution of Laws, as
the Lord Chancellor of England hath, and he is confti-
tuted Per traditionem magni figilli, c. and by taking
his Oath. 4 Inft. 87.
Keeper of the Privy Seal, (Cuftos privati figilli)
Is that Officer through whofe Hands all Charters,
Pardons, c. pafs, figned by the King, before they
&c.
come to the Great Seal; and fome Things which
do not pass that Seal at all: He is alfo of the Privy
Council, but was anciently called only Clerk of the
Privy Seal; after which, he was named Gardien del
Privy Seal; and laftly, Lord Privy Seal, and made
one of the Great Officers of the Kingdom. 12 R. 2.
c. 11. Rot. Parl. 11 H. 4. Stat. 34 H. 8. c. 4. The
Lord Privy Seal is to put the Seal to no Grant with-
out good Warrant; nor with Warrant, if it be a-
gainſt Law, or inconvenient, but that he firft ac-
quaint the King therewith. 4 Inft. 55. The Fees of
the Clerks under the Lord Privy Seal, for Warrants,
c. Vide Stat. 27 H. 8. See Privy Seal.
Keepers of the Liberties of England, By Autho-
rity of Parliament. Vide Cuftodes Libertatis.
Kendal, An antient Barony written Concangium.
MS.
}
Bennets, A Sort of coarfe Welch Cloth, mentioned
in the Stat. 33 H. 8. c. 3:
Kerhere, Signifies a Cuftom to have a Cart-way;
or a Commutation for the customary Duty for Car-
riage of the Lord's Goods. Cowel.
Bernellare domum, (From Lat. Crena, a Notch)
To build a Houfe formerly with a Wall or Tower,
Kernelled with Crannies or Notches, for the better
Keyles, (Cyuli or Ciules) A Kind of Long Boats
of great Antiquity, mentioned in the Stat. 23 H. S.
c. 18.
Beyus, A Guardian, Warden or Keeper. Mon.
Ang. Tom. 2. p. 71. And in the Isle of Man the twen-
ty-four chief Commoners, who are the Confervators
of the Liberties of the People, are called the Keys
of the Island.
Bichel, A Plum-Cake, given by Godfathers and
Godmothers to their God-Children on asking them.
Bleffing; according to old Cuſtom. Blount.
Ridders, Are thofe that badge or carry Corn,
dead Victuals, or other Merchandiſe, up and down
to fell; every Perfon being a common Badger,
Kidder, Lader or Carrier, fays the Statute 5 Eliz.
cap. 12.
Riddle or Ridel, (Kidellus) A Dam or Wear in
a River, with a narrow Cut in it, for the laying of
Pots and other Engines to catch Fish. The Word
is ancient, for in Magna Charta, c. 24. we read, Om-
nes Kidelli deponantur per Thamefiam & Medweyam,
per totam Angliam, nifi per Cofteram Maris: And
by King John's Charter, Power was granted to the
City of London, De Kidellis amovendis per Thamefiam
Medweyam. A Survey was ordered to be made
of the Wears, Mills, Stanks and Kidels in the great
Rivers of England. Hen. 4. Fishermen of late
corruptly called thefe Dams Kettels; and they
are much used in Wales, and on the Sea-Coafts
of Kent.
Kidnapping, Is a Stealing and Conveying away of
a Man, Woman or Child; and is an Offence at Com-
mon Law, punishable by Fine, Pillory, &c. Raym.
474. Alfo if a Mafter of a Ship, &c. fhall, during
his being abroad, force any Man afhore, and wil-
lingly leave him behind, he shall fuffer three
Months Imprisonment. 11 & 12 W. 3. c. 7.
Bilderkin, A Veffel of Ale, &c. containing the
eighth Part of an Hogfhead.
Kilketh,
KI
ΚΙ
Kilketh, Was an ancient fervile Payment, made [ted before the other furviving Son of his Brother by
by Tenants in Husbandry. Kilketh pro qualibet the whole Blood: Yet if a Man purchafe Lands
and dies without Iffue, it fhall never go to the half
Hundreda 2 denar. MS.
Killythatallion, Is where Lords of Manors were Blood in the collateral Line; though it is otherwife
bound by Cuftom to provide a Stallion for the Ufe in Cafe of a Defcent from a common Anceſtor. 2
of their Tenants Mares. Spelman's Gloff.
Nelf. Abr. Ibid. The Children of the Brothers and
Bilth. Ac omnes annuales Redditus de quadam con- Sifters of the Half Blood, fhall exclude all other
collateral Afcendants, as Uncles and Aunts, and all
fuetudine in, &c. vocat' Kilth. Pat. 1 Eliz.
Kindred, Are a certain Body of Perfons of Kin remoter Kindred of the whole Blood in the collate-
or related to each other. There are three Degrees ral Line; but then the Brothers of the half Blood,
of Kindred in our Law; one in the Right Line and their Children, fhall fucceed equally per Stirpes,
defcending, another in the Right Line afcending, and not per Capita, according to the diftin& Number
and the Third in the Collateral Line; and the of their feveral Perfons. Ibid. There are ſeveral
Right Line deſcending, wherein the Kindred of the Rules to know the Degrees of Kindred; in the afcen-
Male Line are called Agnati, and of the Female ding Line, take the Son and add the Father, and
Line Cognati, is from the Father to the Son, and fo it is one Degree afcending, then add the Grandfa-
on to his Children in the Male and Female Line; ther, and it is a fecond Degree, a Perfon added to
and if no Son, then to the Daughter, and to her a Perfon in the Line of Confanguinity making a
Children in the Male and Female Line; if neither Degree; and if there are many Perfons, take a-
Son nor Daughter, or any of their Children, to the way one, and you have the Number of Degrees, as
Nephew and his Children; and if none of them if there are four Perfons, it is the third Degree,
to the Niece and her Children; if neither Nephew if five the Fourth, &c. fo that the Father, Son, and
nor Niece, nor any of their Children, then to the Grandchild, in the defcending Line, though three
Grandson or Grandaughter of the Nephew; and if Perfons, make but two Degrees: To know in what
neither of them, to the Grandfon or Grandaughter of Degree of Kindred the Sons of two Brothers ftand,
the Niece; and if none of them, then to the Great begin from the Grandfather and defcend to one
Grandfon or Great Grandaughter of the Nephew Brother, the Father of one of the Sons, which is
and of the Niece, &c. & fic ad infinitum. The Right one Degree, then defcend to his Son the Ancestor's
Line afcending is directly upwards; as from the Son Grandfon, which is a fecond Degree; and then
to the Father or Mother; and if neither Father nor defcend again from the Grandfather to the other
Mother, to the Grandfather or Grandmother; if no Brother, Father of the other of the Sons, which is
Grandfather or Grandmother, to the Great Grand- one Degree, and defcend to his Son, &c. and it is a ſe-
father or Great Grandmother; if neither Great cond Degree; thus reckoning the Perfon from whom
Grandfather or Great Grandmother, to the Father the Computation is made, it appears there are two
of the Great Grandfather, or the Mother of the Degrees, and that the Sons of two Brothers are di-
Great Grandmother; and if neither of them, then ftant from each other two Degrees: For in what De-
to the Great Grandfather's Grandfather, or the gree either of them is diftant from the common
Great Grandmother's Grandmother; and if none of Stock, the Perfon from whom the Computation is
them, to the Great Grandfather's Great Grandfa-made, they are diftant between themſelves in the
ther, or Great Grandmother's Great Grandmother, fame Degree; and in every Line the Perfon muſt be
& fic in infinitum. The Collateral Line is either reckoned from whom the Computation is made. If
defcending by the Brother and his Children down-the Kindred are not equally diftant from the common
wards, or by the Uncle upwards: It is between Stock; then in what Degree the moſt remote is diſtant,
Brothers and Sifters, and to Uncles and Aunts, and in the fame Degree they are diftant between them-
the rest of the Kindred, upwards and downwards, felves, and fo the Kin the most remote maketh the
a-cross and amongst themſelves. 2 Nelf. Abr. 1077, Degree; by which Rule, I, and the Grandchild of
1078. If there are no Kindred in the Right defcen- my Uncle, are diftant in the third Degree, fuch
ding Line, the Inheritance of Lands goes to the Grandchild being diftant three Degrees from my
collateral Line; but it never afcends in the Right Grandfather, the nearest common Stock. Wood's Inft.
Line upwards, if there are any Kindred of the col-48, 49. The Common Law agrees in its Computa-
lateral Line, though it may afcend in that Line:tion with the Civil and Canon Law, as to the right
And there is this Difference between the Right Line Line; and only with the Canon Law as to the colla-
defcending and the collateral Line; that the Right teral Line. Ibid.
•
of Reprefentation of Kindred in the Right de- Bing, (Rex, from Lat. Rego to Rule, in Sax.
fcending Line reaches beyond the Great Grand-Cyning or Coning) Is a Monarch or Potentate, who
children of the fame Parents; but in the collateral rules fingly and fovereignly over a People; or he
Line, it doth not reach beyond Brothers and Sifters that has the higheſt Power and Rule in the Land.
Children; for after them there is no Reprefentation
among Collaterals. In the Right afcending Line
the Father or Mother are always in the firft Degree
of Kindred; and by the Civil Law, if the Son died
without Iffue, his Father or Mother fucceeded, and
after them his Brother or Sifter, Uncle, Aunt,
c. But in Cafe of Purchafe by the Son, if he died
without Iffuc, his Father or Mother could not inhe-
rit, but his Brother or Sifters, &c. by which it
appears, that the Father cannot fucceed the Son
immediately, though he is the next of Kin. It is
a conftant Rule in the collateral Line, that they
who are of the Whole Blood are firft admitted;
but after Brothers and Sifters Children, the nearest
in Degree in Kindred is to be confidered, and not
whether they are of the Whole or Half Blood; as
for Inftance; there were two Brothers of the Whole
Blood, and one of the Half Blood, thofe of the
Whole Blood died, each of them leaving Iffue a
Son, then one of the Sons died without Iffue; in
this Cafe his Uncle of the Half Blood fhall be admit-
The King is the Head of the Commonwealth; and
the learned Bracton tells us, Rex eft Vicarius &
Minifter Dei in Terra, omnes quidem fub eo, & ipfe
fub nullo nifi tantum fub Deo. Bract. lib. I. c. 8.
But our King on his Coronation, takes an Oath of
the following Purport, viz. To govern the People
of this Kingdom, according to the Statutes in
Parliament agreed on, and the Laws and Customs
of the fame; to his Power caufe Law and Justice
in Mercy to be executed in all his Judgments; to
maintain to the utmoft of his Power the Laws of
God, the true Profeffion of the Gofpel and the
Proteftant reformed Religion eſtabliſhed by Law;
and preferve to the Bishops and Clergy their
Rights and Privileges, as by Law are appertaining
to them This is the obligatory Oath of our Kings,
as regulated to be taken by i W. & M. And the
Coronation Oaths, in former Times, were undoubt-
edly a Contract between the King and the People in
this Nation. The Nature of the Government of
our King, fays Fortescue, is not only Regal, but
:
Political:
:
I
KI
ΚΙ
*
•
+
·
•
·
·
Political: If it were meerly the former, Regal, he cafter many Years; and yet the Acts of Royalty done
would have Power to make what Alterations he in the Reign of the feveral Competitors, were cons
pleafed in our Law, and impoſe Taxes and other firmed by the Parliament: And theſe Reſolutions
Hardſhips upon the Subject, whether they would were made, becauſe the common People cannot
or no; but his Government being Political, he can judge of the King's Title, and to avoid Anarchy
not change the Laws of the Realm, without the and Confufion. Fenk Cent. 130, 131. Every King
People's confenting thereto, nor Burthen them a- for the Time being, has a Right to the People's Al-
gainst their Wills. Fortefcue's Laud. Leg. Angl. 17. legiance, who 'tis faid are bound by the Statute 11
It is alfo faid by the fame Writer, that the King is H. 7. to defend him in his Wars against every
appointed to protect his Subjects in their Lives, Pro Power whatfoever, and ſhall incur no Pains or
perties and Laws; for which End and Purpofe he Forfeitures thereby. 1 Hawk. P. C. 36. And a
has the Delegation of Power from the People: Like-King out of Poffeffion, we are bound by the Duty of
wife our King is fuch by the Fundamental Law of our Allegiance to refift. Ibid. But in the Cafe of
the Land; by which Law, the meanest Subject en- King Charles the Second, who was kept out of
joys the Liberty of his Perfon, and Property in his the Exercife of the Kingly Office by Traitors and
Eftate; and it is every Man's Concern to defend Rebels, it was adjudged that he was King both de
thefe, as well as the King in his lawful Rights. facto and de Jure; and all the Acts which were done
Fortescue. A late Author has endeavour'd to prove to the Keeping him out, were High Treafon. Kel.
the original Contract between the King and the Rep. 15. There may be fome Kings de facto, to whom
People, from the Prophet Samuel's Conference it may be dangerous to do any Service, viz. Such
with the Ifraelites; who refufed a King offered as fhall depofe a rightful King: And according to
unto them, and infifted upon one like all the o- the Lord Chief Juftice Hale, if the right Heir of the
ther Nations: And taking Notice of the Breaches Crown be in actual Exercife of the Sovereignty
made in the Conftitution of this Kingdom in feveral in one Part of the Kingdom, and a Ufurper in the
Reigns, and the Neceffity of their being redreffed, Exercife of it in another, the Law adjudgeth him
affirms that it is the original Power and Conftitu- in the Poffeffion of the Crown that hath the true
tion of the States of the Kingdom, to re-inftiture Right; and the other is not a King de facto, but a
the regal Eftate, as well where Kings a&t arbitrarily Disturber and no King: This was the Cafe between
and break thro' the Conftitution, as where there is King Ed. 4. and Hen. 6. And the like was held as
no immediate Heir to fucceed the King, fo that the to Queen Mary, who openly laid Claim to the
Throne is actually vacant; and without this I take Crown, and was proclaimed Queen; at the ſame
it there is no perfe& Conftitution. Britann. Conftitut. Time the Lady Jane was proclaimed Queen at Lon-
In King John's Magna Charta of Liberties, there don on the Nomination of King Ed. 6. fo that both
was a Claufe making it lawful for the Barons of the being de facto in Poffeffion of the Crown, the Law
Realm to chufe twenty-five Barons to fee the Char- adjudged the Poffeffion in Mary, who had the Right
ter obferved by the King; with Power, on any to the fame. State Trials 932. It is High Treafon
Juftice or other Minifter of the King's failing to do to confpire against the King, Queen, &c. And a
Right, and acting contrary therecto, for four of the Perfon may be guilty of Treafon against a King,
faid Barons to addrefs the King, and pray that the though he be not in the Poffeffion of the Crown.
fame might be remedied; and if the fame were not The Dignity of the King of England is Imperial; and
amended in forty Days, upon the Report of the our Kings have placed on their Heads an Imperial
four Barons to the Reft of the Twenty-five, thofe Crown: King Edgar wrote himſelf Imperator & Do-
twenty-five Barons with the Commonalty of the minus, &c. But no King of England uſed any Seal
whole Land, were at Liberty to diftrefs the King, of Arms till the Reign of Rich. 1. before that Time,
take his Caftles, Lands, &c. until the Evils com- the Seal was the King fitting in a Chair of State on
plain'd of fhould be remedied, according to their one Side of the Seal, and on Horſeback on the other
Judgment; faving the Perfon of the King, Queen, Side; but this King fealed with a Seal of two Lions,
and their Children: And when the Evils were re- and King John was the firft that bare three Lions,
dreffed, the People were to obey the King as before. and afterwards Ed. 3. quarter'd the Arms of France,
King John's Magna Chart. cap. 73. But this Claufe, which has been continued down to this Time. Alfo
and fome others in Favour of Liberty, are omitted King Henry 8. was the firft to whom Majefty was at-
out of King Henry 3's Magna Charta; though in a tributed; before which our Kings were called High-
Stature made at Oxford, Anno 42 Hen. 3. to reform ness, &c. Lex Conftitut. 47, 48. The eldest Son of
Migovernments, it was enacted, that twenty-four the King of England is Prince of Wales, Duke of
Great Men fhould be named,. Twelve by the King, Cornwal, &c. and the younger Sons are born Dukes
and Twelve by the Parliament, to appoint Juftices, and Earls of what Places the King pleaſes. K. Hen. 2.
Chancellors, and other Officers, to fee Magna Charta took his Son into a Kind of fubordinate Regality
obferved. The Barons Wars mentioned in our an- with him, fo that there was Rex Pater and Rex Fi-
tient Hiftorics, ſeem to have proceeded in fome lius; but he did not deveft himſelf of his Sovereign-
Meaſure from a like Power granted to them as by ty, but refeived to himself the Homage of his Sub-
the Charter of King John; and probably the Parlia-jects. And notwithſtanding this King, by Confent of
ment's Wars from their Example. Sir Edward Coke
tells us, that if there be a King regnant in Poffef
fion of the Crown, although he be but Rex de facto,
and not de Fure, yet he is Seignior le Roy; and an-
other that hath Right, if he be out of Poffeffion, is
not within the Meaning of the Stat. 11 H. j. c. I.
for the Subjects to ferve and defend him in his
Wars, &c. And a Pardon, &c. granted by a King de
fure, that is not likewife de facto, is void. 3 Inft. 7.
A King that ufurps the Crown, grants Licenfes of
Alienation or Efcheats, it will be good against the
rightful King; fo of Pardons, and any Thing that
doth not concern the King's ancient Patrimony, or
the Government of the People: Judicial A&ts in
the Time of fuch a One, bind the right King and
all who fubmitted to his Judicature. The Crown
was roffed between the two Families of York and Lan-
:
Parliament, created his Son John King of Ireland;
and King Ri.h. 2, made Robert de Vere Duke of Ire-
land; and Edw. 3. made his eldeft Son Lord of Ire:
land, with Royal Dominion; yet it has been held,
that the King cannot regularly make a King within
his own Kingdom. 4 Inft. 357, 360. Hen, de Beauchamp,
Earl of Warwick, was by King Henry 6. Crown'd
King of Wight Island; but it was refolved, that this
could not be done without Confent of Parliament,
and even then our greatest Men have been of Opi-
nion, that the King could not by Law create a
in his own Kingdom, because there cannot be two
Kings of the fame Place: And afterwards the fame
King Henry made the fame Earl of Warwick Primus
Comes totius Anglia. A King cannot refign or difmifs
himſelf of his Office of King, without the Confent
of his Parliament; nor could Hen. 2. without fuch
5 U
King
Confent,
1
ΚΙ
ΚΙ
i
•
:
1.I
Confent, divide the Sovereignty: There is a facred 165, His Proclamation in calling or diffolving Par-
Band between the King and his Kingdom, that can liaments, declaring War and Peace, &c. has the
not be diffolved without the free and mutual Con- Effect of a Law; but he cannot by Proclamation
fent of both in Parliament; and though in Foreign introduce new Laws, yet he may inforce old ones.
Kingdoms there have been Inftances of voluntary difcontinued: 3 Inft. 162. 2 Inft. 743. Is was an
Ceffions and Refignations, which poffibly may be tiently held, that the King might fufpend or alter
warranted by their feveral Conftitutions, by the any particular Law that was hurtful to the Publick:
Laws of England, the King cannot refign his Sove And he may difpenfe with a Penal Stature, where-
reignty without his Parliament. Sir Matt. Hale's in his Subjects have not any Intereft. 4 Inft. 7. Rep.
Hift. Corona. If a King hath a Kingdom by Title of 36. Acts of Parliament do not bind the King, if
Defcent, where the Laws have taken good Effect he be not specially named; unless they concern.
and Rooting; or if a King Conquers a Chriftian the Commonwealth, fupprefs Wrong or Fraud, a
Kingdom, after the People have Laws given them in which Cafes they do; but he may take the Bene-
for the Government of the Country to which they fit of any Statute, tho' not named. 5 Rep. 14.
ſubmit, no fucceeding King can alter the fame with- Rep. 71. 7 Rep. 32. And a Prerogative given gene-
out the Parliament. Coke's 7 Rep. 17. It is never-rally to one King, or any Thing to be done to one,
thelefs held, that conquered Countries may be go- goes of Courfe to others. Raym. 212. He deter
verned by what Laws the King thinks fit, and that mines Rewards and Puniſhments; moderates Laws,
the Laws of England do not take Place in, fuch and pardons Offenders: But the King cannot pardon
Countries, until declared fo by the Conqueror, or Murder, where Appeal is brought by the Subje&t.
his Succeffors; here in cafe of Infidels their Laws 2 Inft. 316. And Pardons of Felony, &. fhall be
do not ceafe, but only fuch as are against the Law granted only where the King may lawfully do it,
of God; and where the Laws are rejected or filent, according to his Coronation Oath. 14 Ed. 3. The
they shall be governed according to the Rule of King may lay Imbargo's on Shipping; but then it
Natural Equity. 2 Salk. Rep. 411, 412, 666. Our must be pro bono Publico, and not for the private Ad-
Kings have diftributed their whole Power of Judica- vantage of any particular Traders. 1 Salk. 32. And
ture to the Courts of Juftice; which Courts by im- though the King hath an Intereft in every Subje&,
memorial Ufage have gained a known and ftated and a Right to his Service; he cannot difcharge
Jurifdiction, that no King can alter without an At the Right of a Subject, or hinder him of a Remedy
of Parliament. 2 Hawk. P. C. 2. But as it has been the Law gives him. Holt Ch. Juft. 1 Salk. 19, 168.
refolved, that the Succeffor of every King begins his It is held that the King is Cuftos totius Regni Anglia:
Reign on the very Day that the former King died: And he may, if he fee Caufe, open or fhur the
therefore all Patents of Judges, Sheriffs, Juftices of Sea-Ports, and forbid the Paffage of his Subjects
Peace, & determine by the Death of the King. over Sea without Licenfe, &c. 12 Rep. 34. He may
Tho' vide Stat. Ann. c. S. The Kings of England not not difpofe of the Ports to any Subject; but fhall
having the whole Legiflative Power, if the King appoint Officers for the Cuftody thereof, under
and Clergy make a Canon, though it binds the him. 11 Rep. 86. It is his Prerogative alone to dif
Clergy in re Ecclefiaftica, it does not bind Laymen; pofe and govern the Militia of the Nation: And
for they are not reprefented in the Convocation, he hath the Command of all Forts, and Places of
but in Parliament: In the primitive Church, the Strength, &c. and Authority in making and cafting
21 Fac. I. c. 3. The King is the
Laity were preſent at all Synods; and when the of Ordnance. 21 Fac. I
Empire became Chriftian, no Canon was made Fountain of Honour, and has the fole Power of
without the Emperor's Confent, and indeed the conferring Dignities and honourable Titles; as to
Emperor's Confent included that of the People, he make Dukes, Earls, Barons, Knights of the Garter,
having in himſelf the whole Legiſlative Power; but &c. He names, creates, makes and removes the
the Kings of this Kingdom have it not. 2 Salk. Rep. great Officers of the Government. 1 Inft. 165. All
412, 673. Religion, Juftice, and Truth, are the Sup- Writs, Proceffes, Commiffions, &c. are in the
King's Name; and he may make Courts, which
porters of the Crowns of Kings. See Crown.
fhall proceed according to the Common Law. Jenk.
Cent. 285. He may create Univerfities, Colleges,
Counties, Boroughs, Fairs, Markets, &c. No Fo-
reft, Chafe or Park, can be made, or Caftle built,
without the King's Leave. 4 Inft. 294. The King
may incorporate a whole City, Parish, c. or Part
of it, and grant and annex to fuch Corporations
divers Franchifes: Tho' they may not under Colour
thereof, fet up a Monopoly. Godb. 253. Noy 182.
And he may incorporate a Town, and enable them
to chufe Burgeffes of Parliament; but this Part of
the Prerogative of increafing the Number of Parlia-
ment-men, feems to be given up by late Kings.
Hob. 14. As fupreme Head of the Church, our
King hath Power to call a national or provincial
Council; and by his Royal Affent the Canons
made in Convocation bave the Force of Laws:
And to him the laft Appeal is made. Dano. 73.
4 Inft. 325. He hath the fupreme Right of Patro-
nage all over England; and is the Founder and Pa-
tron of all Bishopricks, &c. fo that none can be
made Bishop but by his Nomination: He not only
founds Churches, but licenfes others to found them,
exempt from the Ordinary's Jurifdi&tion; and he
hath the Tithes of Forefts and Places_extraparo-
chial, which he may grant by Letters Patent: Al-
fo the King fhall pay no Tithes; though his Leffee
1 Cro. 511. The
fhall pay them. Wood's Inft. 18.
King hath Power to make an Alien free-born, and
to grant Letters of fafe Conduct to foreign Parts:
King's Prerogative. The Statute of the King's
Prerogative 17 Ed. 2. contains not the King's whole
Prerogative, but only fo much thereof as concerns
the Profit of his Coffers, for his Prerogative extends
much further; and the King hath divers Rights of
Majefty peculiar to himſelf, which the Learned in
the Law term Sacra Sacrorum, viz. Sacred and in-
feparable, and which are many and varicus
Staundf. Prerog. Reg. Plowd. 314. Sir Henry Spelman
calls the King's Prerogative, Lex Regia Dignitatis;
and a great many Prerogatives arife to the King
from the Reafon of the Common Law; which allows
that to be Law almoft in every Cafe for the King,
which is not fo for the Subject: But the King's Pre
rogative does not extend to any Thing injurious to
his Subjects; for the King by our Law can do no
Wrong Finch 85. 1 Inft. 19. The King's Prerogative
is incident to his Crown, and as antient as that it
felf; and hath in it a Prefcription, and is not only
the Law of the Exchequer, but the Law of the
Land: This Prerogative of the King is of a very
large Extent; it reacheth to all Perfons Eccle-
fiaftical and Civil, as he is Perfona mixta, fo is his
Power and Prerogative. 7 Rep. 14. It is the King's
Royal Prerogative to make War or Peace: And as
Head of the State he calls, continues, prorogues
and diffolves Parliaments; and all Statutes are to
have his Royal Affent, which he may refufe to give
to a Bill; though his Denial is not an exprefs Ne-
gative, but that he will advife upon it. 1 Inft. 110,
•
He
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He can put a Value upon the Coin, which is made | ties fhall answer them all. Bro. Doub. pl. 57. And in
by his Authority; and make foreign Coin current his Pleading, he need not plead an Act of Parlia
by Proclamation: And to make Money, the Law ment, as a Subject is bound to do. 4 Rep. 75. The
gives the King all Mines of Gold and Silver. Plowd. King may fue in what Court he pleafes, and cannot
314. He is the General Guardian of Ideots and Lube nonfuit, as he is fuppofed to be prefent in all his
naticks; and fhall have the Lands of Felons, &c. Courts: He is not bound to join in Demurrer on E-
convict; alfo the Goods of Felons and Fugitives; vidence; and the Court may direct the Jury to find
Goods and Chattels of Pirates; Wreck of the Sea, the Matter fpecially. Finch 82. 5 Rep. 104. The
c. Stat. 17 Ed. 2. cap. 1. 9 H. 3. 4 Inft. 136. The King's only Teftimony of any Thing done in his
King is Lord paramount of all the Lands in Eng-Prefence, is of as high a Nature and Credit as any
land; and all Eftates for Want of Heirs, or by Record; whence it is, that in all original Writs or
Forfeiture efcheat to him: All Lands are faid to Precepts fent out for the Dispatch of Justice, he
be holden of the King; as by Conftruction of Law ufeth no other Witneffes than himself, as Tefte me-
they are originally derived from the Crown. I Inft. 1. ipfo, c. The King cannot be a Minor; and in him
Lands in the King's Poffeffion, are free from Te- the Law will fee no Defect, Negligence or Folly.
nure; and the King may not be Jointenant with any. 1 Inft. 41, 57. There are fome other Prerogatives
Finch 83. The Grant of the King is taken moft belonging to our Kings; but the Judges at Weft-
ftrongly against a Stranger, and favourably for minfter ought to judge of Matters of Prerogative re-
him: And he may avoid his own Grants for Delating to the King, as they do Matters concerning
ceit, &c. Plowd. 243. The King may grant a Thing other Perfons. Ney 181. Plowd. 136. The King may
in Action, which another cannot ; and reſerve a not by Petition, Bill, &c. difpofe of any Man's
Rent to a Stranger, &. He cannot grant or take Lands or Goods: Nor fhall he take that he hath
any Land, (not caft upon him by Defcent) but by Right to, which is in the Poffeffion of another, but
Matter of Record: And the King may not grant an by due Courfe of Law. Winch 9. He may not com-
Annuity to charge his Perfon, which is not charge-mand a Man to Prifon, against the Writs and Pro-
able like the Perfon of a Subject; tho' he may cefs of Law. 12 Rep. 66. The Law is the Rule of the
grant it out of the Revenues of Excife, &c. 4 Rep. King's Prerogative; which ought to be grounded upon
·54. 2 Inft. 186. 1 Salk. 58. Where the Title of Antiquity, or otherwife it may be an Incroachment
the King and of a common Perfon concurs, his on the Liberty of the Subje&t. Rex eft anima Legi, &
Title fhall be preferred. 1 Inft. 30: No Diftrefs, can Lex eft anima Regi. 2 Inft. 262, See Debt to the King,
be made upon the King's Poffeffion; but he may Grants of the King, &c.
diſtrain our of his Fee in other Lands, &c. and King's Bench, (Bancus Regius, from the Sax.
may take Diftreffes in the Highway. 2 Inft. 131. Banca, a Bench or Form) Is the Court or Judg
An Heir fhall pay the King's Debt, though he is not ment-Seat where the King of England was fometimes
named in the Bond: And the King's Debt fhall be wont to fit in his own Perfon; and was therefore
fatisfied before that of a Subject, for which there moveable with the Court or King's Houſhold, and
is a Prerogative Writ. 1.Inft. 130, 386. By the Stat. called Curia Domini Regis, or Aula Regis: And by
25 Ed. 3. c. 19. a common Perfon may fue; the Stat. 28 Ed. 1. c. 5, this Court is to follow the King.
King's Debtor, notwithstanding he hath a Protec- King Hen. 3. fat in Perfon with the Juftices in Banco
tion, and recover Judgment against him; but he Regis feveral Times, being feated on a High Bench,
cannot have Execution, unless he give Security to and the Judges in a lower one at his Feet: And the
pay the King's Debt: If he take out Execution be- King's Bench was originally the only Court in Weſt-
fore, and levy the Money, the fame may be feitedminster Hall; out of which the Courts of Common
to fatisfy the Debt of the King. Godb. 290. 2 Nelf. Pleas and Exchequer feem to have been derived.
Abr. 1081, 1082. If a Debtor has not a Writ of Hawk. P. C. 6. This Court hath fupreme Authority,
Protection, he may be in Execution for a common the King being ftill prefumed by Law to fit there
Perfon as well as the King: And it hath been ad as Judge of the Court, though he doth judge by his
judged, that although the King hath a Prerogative by Judges; and the Proceedings are fuppofed to be
the Common Law, to have his Debt first fatisfied, Coram nobis, that is before the King himſelf, for
that muſt be when it is in equal Degree with the which Reaſon all Writs in this Court are made fo
Debt of his Subject; and by the Stat. 33 H. 8. c. 39. returnable, and not coram Fufticiariis noftris, as is the
the King's Debt ſhall be preferred, fo as there is no Form in the Common Pleas 4 Inft. 73. It confifts of
Judgment, &c. Cro. Car. 283. Hardr. 23. Goods and a Lord Chief Justice (who is Lord Chief Juftice
Chattels may go in Succeffion to the King; though of England) created by Writ, and three other Ju-
they may not to any other fole Corporation. Inf. ftices created by Letters Patent and according
90. In whofe foever Hands the Goods of the King to antient Writers, the Lord Chief Justice bath had
come, their Lands are chargeable, and may be three, four, or five Juftices for his Affiftants. For-
feifed for the fame: And the King is not bound by tescue, cap. 51. The Juftices of B. R. are the Sove-
Sale of his Goods in open Market. 2 Inft. 713. No reign Juftices of Oyer and Terminer, Gaol-Delivery,
Preſcription of Time runs against the King; he is and of Eyre, and Coroners of the Land; and their
not within the Statute of Limitation of Actions. Jurifdiction is general all over England: By their
Rep. 74 Action lies not against the King; but a Prefence the Power of all other Juftices in the Coun-
Petition instead of it, to him in the Chancery: And ty, during the Time of this Court's Sitting in it, is
it is lawful for any Subject to petition the King for fufpended; for in Præfentia Majoris ceffat Poteftas mi-
Redrefs, where he finds himself grieved by any noris; but fuch Juftices may proceed by Virtue of a
Sentence or Judgment. 2 Inft. 187. Hob. 220. There fpecial Commiflion, &c. H. P. C 156. 4 Inft. 73.
are no Cofts against the King; no Entry will bar 2 Hawk. P. C. 32. It is thefe Juftices who have a
him; and no Judgment is ever final against him, Sovereign Jurifdiction over all Matters of a criminal
but with a Salvo Jure Regis: And in the Cafe of o- and publick Nature, judicially brought before them,
thers, the King may iffue a Command to the Judges, to give Remedy either by the Common Law or by
not to proceed till he is advifed; where his Title Statute: And their Fower is original and Ordinary;
may be prejudiced, &c. Litt. 178. Finch 460. The when the King hath appointed them, they have
King's Title is not to be tried, without Warrant their Jurifdiction from the Law. 1 Hawk. 15.2. 4 Inft.
from the King, or Affent of the Attorney General 74. What foever Crime is against the publick Good,
2 Inft. 424. The King may have fuch Procefs in tho' it doth not injure any particular Perfon, comes
his Suit, as no other Perfon but himself can have within the Cognifance of the Juftices of this Court;
any Cafe. 1 Rep. 18. Finch 476. He may plead and no private Subject can fuffer any Kind of un-
feveral Matters, without being double, and the Par-lawful Violence or Injury against his Perfon, Li-
in
+
2
berty,
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​berty, or Poffeffions, but he may here have a pro- Franchifes and Liberties against the King; and on
per Remedy, and not only for Satisfaction of Da- Milufer of Privileges, to feife the Liberties, &c.
mages, but the exemplary Punishment of the Offen- And in B. R. the King's Letters Patent may be re-
der: This Court is the Cuftos morum of all the Sub-pealed by Scire facias, &c. This Court in ancient
jects of the Realm; and where it meets with any Times was ordinarily exerciſed in all Criminal Mat-
Offence contrary to the firft Principles of common ters, and Pleas of the Crown; leaving private
Juftice, may inflict a fuitable Punishment. 2 Hawk. Contracts and civil Action to the Common Pleas,
6. It is in the Difcretion of the Juftices of B. R. to and other Courts. 4 Inft. 70. It is now divided into
inflict Fine and Imprifonment, and infamous Punitha Crown-fide and a Plea-fide; the one determining
ment on Offenders; and they may commit to any Criminal, and the other Civil Caufes: The Crown-
Prifon they think fit, and the Law doth not fuffer fide determines all Criminal Matters, (wherein the
any other Court to remove or bail any Perfons im- King is Plaintiff) as Treaſons, Felonies, Murders,
prifoned by them. 1 Sid. 145. 1 Mod. 666. The Rapes, Robberies, Riots, Breaches of the Peace,
Court of B. R. may proceed on Indictments found and all Caufes profecuted, by Way of Indictment,
before other Courts, and removed into this in the Information, &c. And into the Court of B. R. In.
fame Manner as on Indictments or Informations di&tments from all Inferior Courts and Orders of
commenced in this Court; though the Court before Seffions, &c. may be removed by Certiorari; and In-
whom fuch Indictments were found be determined, quifitions of Murder are certified of Course into
c. And notwithstanding certain Juftices were ap-this Court, as it is the fupreme Court of Criminal
pointed to execute a Statute on which the Proceed- Jurifdiction: Hence alfo iffue Attachments, for dif
ings were had; nor doth a Statute which appoints obeying Rules or Orders, &c. 4 Inft. 71, 72. On
certain Crimes to be tried before certain Judges, the Plea fide, it holds Plea of all perfonal Actions
exclude the Jurifdiction of the Judges of B. R. with profecuted by. Bill or Writ, as Actions of Debt,
out exprefs negative Words: But if a Statute creates Detinue, Covenant, Account, Actions upon the
a new Offence, no Way taken Notice of by the Cafe, and all other perfonal Actions, Ejectment,
Common Law, and erects a new Jurifdiction for its Trefpafs, Wafte, &c. against any Perſon in the Cu-
Punishment, &c. it may be otherwife. 2 Hawk. P. C. ftody of the Marshal of the Court, as every one:
7. The Stat. of 8 H. 6. which provides an Inquiry fued here is fuppofed. to be; and in all perfonal
and Reftitution in forcible Entry, appropriates it to Actions for or against any Officer, Minifter or Clerk
Juftices of Peace; and other Commiffioners have no of the Court, who in refpect of their neceffary
Power to inquire thereof: But the Judges of B. R. Attendance have the Privilege of the Court. Ibid
are within this Stature; for the King fits there, It has been held, that Action upon the Statutes
and where he fits eft plenitudo poteftatis. Kelw. 159. of Winchester, of Robbery, does not lie by Oi
Jenk. Cent. 197. In the County where the King's ginal in the Court of B. R. becauſe it is a Com-
Bench fits, there is every Term a Grand Inqueft, mon Plea; but it has been adjudged otherwiſe,
who are to preſent all Criminal Matters arifing and allowed on Bill. 2 Danu. Abr. 279, 282. An
within that County, and then the fame Court pro Appeal in B. R. muft be arraigned on the Plea-
ceeds upon Indictments fo taken; or if in Vacation, fide; except it come in by Certiorari, when it is
there be any Indictment of Felony before the Juftices faid it ought to be arraigned on the Crown fide.
of Peace, Oyer and Terminer or Gaol-Delivery there 2 Hawk. 308. Where the Court of B. R. proceeds
fitting, it may be removed by Certiorari into B. R. on an Offence committed in the fame: County
and there they proceed de die in diem, &c. 2 Hale's wherein it fits, the Procefs may be made returna-
Hift. P. C. 3. To this Court it regularly belongs ble immediately; but when it proceeds on an Of
to examine Errors of all Judges and Juftices in fence removed by Certiorari from another County,
their Judgments and Proceedings; the Court of there must be fifteen Days between the Tefte and
1 Inft
Exchequer excepted. F. N. B. 20, 21. It hath been Return of every Process, &c. 9 Rep. 118.
held, that a Writ of Error lies in B. R. of an At 134 1 Sid. 72. The: Court of B. R. may fit and
|
tainder before the Lord High Steward. I Sid. 208. hear and determine Caufes, after Term is ended.
And upon Judgment given in the Chancery, as well Fenk. Cent. 62.
as other Courts, Writ of Error in fome Cafes will The Officers of the King's Bench are, on the Crown-
lie returnable in the Court of King's Bench. Practif. fide, the Clerk of the Crown, and the Secondary of the
Attorn. 1ft Edit. 185. But on Proceedings in B. R. Crown: And on the Plea-fide there are a great ma-
by original Writ, Error lies not but to the Parlia-ny Clerks and Officers; as two chief Clerks or Pro-
ment. The Court of B. R. being the higheft Court thonotaries, and their Secondary and Deputy, the
of Common Law, hath Power to reform inferior Cuftos Brevium, two Clerks of the Papers, the Clerk of
Courts, reverſe erroneous Judgments given therein, the Declarations, Signer and Sealer of Bills, the Clerk of
and punish the Magiftrates and Officers for Corrup- the Rules, Clerk of the Errors, the Clerk of the Bails,
tion, &c. 2 Hawk. 8. It may award Execution, not Filizers, the Marshal of the Court, and the Cryer.
only against Perfons attainted there, but alſo againft The Prothonotaries are Mafters of the King's Bench
Perfons attainted in Parliament, or any other Office, and their Clerks are the proper Attornies
Court; when the Record of their Attainder or a here, who enter all Declarations, Pleas, and other
Tranfcript is removed, and their Perfons brought Proccedings. Their Secondary conftantly attends the
thither by Habeas Corpus. Cro. Car. 176. Cro. Fac. 495.Sitting of the Court, to receive Matters referred to
Pardons of Perfons condemned by former Juftices of him by the Judges, to be examined and reported to
Gaol-Delivery, ought to be allowed in B R. the the Court; he figns all Judgments, taxes Colts,
Record and Prifoner being removed thither by Cer- and gives Rules to answer, &c. And he alfo informs
tiorari and Habeas Corpus. 2 Hawk. 27. This Court the Court in Point of Practife. Their Deputy has
grants Habeas Corpus's to relieve Perfons wrongfully the Cuftody of the Stamp, for figning all Writs,
imprifoned; and may bail any Perfon whatfoever: &c. and keeps Remembrances of all Records;
A Perfon illegally committed to Prifon by the King Writs return'd are filed in his Office, and common
and Council, or either Houfe of Parliament, may Bails, &c. The Cuftos Brevium files Originals and o
be bailed in B. R. and in fome Cafes on legal Com-ther Writs whereon Proceedings are had to Outlaw-
mitments; alfo Perfons committed by the Lord ry; examines and feals all Records of N fi prius for
Chancellor, &c. 2 Hawk. 110, 111. Writs of Man-Trials at the Affifes, and has feveral Clerks under
damus are granted by this Court, to reftore Officers him for making up Records throughout England.
in Corporations, Colleges, &c. unjustly turn'd out; The Clerks of the Papers make up the Paper-Books
and Freemen wrongfully disfranchifed: Alfo Quo of all fpecial Pleadings and Demurrers, which the
Warranto's against Perfons or Corporations, ufurping| Plaintiff's Attorney commonly fpeaks for, and af
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thofe Engines is called Kipping. We read that no
Salmon fhall be taken between Gravefend and Henley
upon Thames in Kipper time, viz. between the 3d of
May and the Epiphany. Rot. Parl. 50 Ed. 3.
Kirby's Duelt, Is an ancient Record remaining
with the Remembrancer of the Exchequer; fo called
from its being the Inqueft of John de Kirby, Trcafu-
Birb-mote, A Synod; and fometimes it has been
taken for a Meeting in the Church or Vetry.
Blount.
terwards gives Rule for the Defendant's Attorney to
bring to him again to be entered, &t. The Clerk
of the Declarations files all Declarations, and conti-
nues them on the Back from the Term of Declaring
'till Iffue is joined. The Signer and Sealer of Bills
keeps a Book of Entry of the Names of the Plain
tiffs and Defendants in all fuch Writs and Proceffes;
and the Defendants enter ther Appearances wihrer to King Ed. 1.
him. The Clerk of the Rules takes Notice of all
Rules and Orders made in Court, and afterwards
draws them up and enters them in a Book at large,
and with him alfo are given all Rules of Course on
a Cepi Corpus, Habeas Corpus, Writs of Inquiry, &c.
and he or the Clerk of the Papers files all Affida-
vits uſed in Court, and makes Copies of them. The
Clerk of the Errors allows all Writs of Error, and
makes Superfedeas's thereupon into any County, and
tranfcribes and certifics Records. The Clerks of the
Bails and Pofteas, file the Bail-Picces, and mark
the Pofteas, c. The Filizers of Counties make the
mefne Proceſs after the Original, in fuing to the
Outlawry; and have the Benefit of all Procefs and
Entries thereupon. The Marshal, by himself or
Deputy always attends the Court, to receive into
his Cuftody fuch Prifoners as fhall be committed.
The Cryer makes Proclamations of Summoning and
Adjourning the Court, calls Nonfuits, and fwears
Jurymen, Witneffes, ..
!
See more of King's Bench under Court, &c. Lord
Chief Fuftice, vide Fuftice..
Knabe, An old Saxon Word, which had at first a
Senfe of Simplicity and Innocence, for it fignified a
Boy; Sax. Chapa, whence a Knave-Child, i. e. a Boy,
diftinguished from a Girl in feveral old Writers;
afterwards it was taken for a Servant Boy, and at
length for any Servant Man: Alfo it was applied to
a Minifter or Officer, that bore the Weapon or
Shield of his Superior, as Scild Knapa, whom the
Latines called Armigerum, and the French, Efuyer,
14 E. 3. c. 3. And it was fometimes of old made
Ufe of as a titular Addition; as Johannes C. filius
Willielmi C. de Derby, Knave, &c. 22 Hen. 7. 36.
The Word is now perverted to the hardeſt Meaning,
viz, A falfe and deceitful Fellow..
Knight, (Sax. Cnyt, Fr. Chevalier, Lat. Miles, &
Eques Auratus, from his gilt Spurs ufually worn). In
its Original it is faid to be properly a Servant; bur
there is now but one Inftance where 'tis fo taken,
and that is of Knights of the Shire, who ſerve for
their Country in Parliament: In all other Cafes it
fignifies one that bears Arms, who for his Virtue
and martial Prowefs, is by the King fingled from
the Rank of Gentlemen, and exalted to a higher
Step of Dignity. He who ferved the King in any
Civil or Military Office, was antiently called Miles
which is often mentioned in the old Charters of the
Anglo-Saxon Kings; but the Word was after re-
trained to him that ferved only upon ſome mili-
tary Expedition, or rather to fuch who by Reafon
of their Tenure were bound to ferve in the Wars;
(for formerly all Perfons having a Knight's Fee of
King's Houthold. In the Reign of King Ed. 3.
16,000l. per Annum and no more, was appointed
for the King's Houfhold: And Anno 29 H. 6. the
Charge of the Houfhold was reduced to 12,000 . a
Year. But in Q. Elizabeth's Reign, the Profits of
the Kingdom being very much advanced, 40,000 7.
per Annum was allowed for her Houfhold. And on
the Reftoration of K. Charles 2. the Parliament for
the Honour of the King and Kingdom, fettled on
his Majefty 200,000 1. per Annum. In the Reigns
of King William 3. and Queen Anne 700,000 1. a
Year was allotted for the Support of the Houfhold,
and ordinary Charge of the Civil Lift. And his Ma-Land might be compelled to be made Knights, as
jefty King George 1, had the like Sum of 700,000
per Annum fettled upon him by Parliament, arifing
out of the Duties of Excife, Wine-Licence, Poft-
Office, &c. Alfo to his prefent Majefty K. George 2.
The Duty of Excife on Ale, Beer, &c. is granted
with a further Subfidy of Tonnage, and the yearly
Sum of 120,000 1. out of the Aggregate Fund, for
Support of the Houshold and Dignity of the Crown:
fo as to make the Revenue 800,000 1. per Annum,
and Deficiencies to be made good by Parliament.
See the Statutes 13 & 14 W. 3. 1 Ann. c. 7. 1 Geo.
1 Geo. 2. c. I.
ܐ܂
appears by the Stat. i Ed. 2. repealed by: 17 Car. 1.)
And he that by his Office or Tenure was obliged to
perform any military Service, was furnished by the
Chief Lord with Arms, and fo adoptabatur in militem;
which the French call Adouher, and we to Dub ſuch a
Perfon a Knight, &c. The Manner of making
Knights is thus, fhortly exprefs'd by Camden: Neftris
vero temporibus, qui Equeftrem Dignitatem fufcipit, flexis
genibus leviter in humero percutitur, Princeps his verbis
Gallice affatur: Sus vel Sois Chevalier au nom. de
1.Dieu, i. e. Surge aut fis Eques in nomine Dei: This is
meant of Knights Bachelors, which is the loweſt, but
most ancient Order of Knighthood with us. Of Knights
there have been reckoned two Sorts, Knights Spiri-
tual and Temporal; the Spiritual Knights, are fo called
by Divines in Regard of their Spiritual Warfare;
the Temtoral Knighthood, confifts of Knights of the
Sword, Knights Baneret, of the Bath, Knights of the
Garter, &c. Selden's Titles of Honour, pag. 770. The
Privilege belonging to Knights. Sec Ferne's Glory of
Generofity 116.
King's Palace, The Limits of the King's Palace
at Westminster, extends from Charing Cross to Westmin-
fter Hall, and fhall have fuch Privileges, as the an-
tient Palaces. Stat. 28 H. 8. If any Perfon fhall
ftrike another in the King's Palace, he fhall have his
Right-hand cut off, be imprisoned during Life, and
alfo be fined. 32 H. 8. c. 12.
>
King's Silver, Is the Money which is paid to
the King in the Court of Common Pleas, for a Li-
cence granted to any Man to levy a Fine of Lands,
Tenements or Hereditaments to another Perfon:
And this must be compounded according to the Va-
lue of the Land, in the Alienation-Office, before
the Fine will pafs. 2 Inf. 511. 6 Rep. 39, 43.
Bintal, Is a Weight in Merchandize. See Quin
tal.
Kintlidge. A Term uſed among Merchants
and Sea-faring Perfons, for a Ship's Ballaft. Merch.
Dict.
Kipe, (From the Saxon, Cypa) Is a Basket or En-
gine made of Ofiers, broad at one End, and nar-
rower by Degrees, ufed in Oxfordshire and other Parts
of England for the Taking of Fiſh; and fiſhing with
Knights-Baneret, (Milites Vexillarii) Are made.
only in Time of War, and is a high Honour: And
tho' Knighthord is commonly given tor fome perfonal
Merit, which therefore dies with the Perfon; yet
John Coupland, for his valiant Service performed.
against the Sots, had the Honour of Banaret conferr'd
on him and his Heirs for ever, by Patent. 29 Ed. 3.
See Baneret.
Knights of the Wath, (Milites Balnei) Have their
Names from their Bathing the Night before their
Creation. In ancient Times before Knights went
into the Service, it was uſual for them to go into a
Bath and wash themſelves, and afterwards they were
girt with a Girdle; which Cuſtom was conftantly
5 X
obferved,
KN
K N
1
1
erved, efpecially at the Inauguration of our
ings, on which Times Knights were made, who for
that Reaſon were called Knights of the Bath: This
Order of Kmebts was introduced by King Hen. 4
and revived in the Reign of King Geo. 1. with great
Ceremony; thirty-feven of thefe Knights being then
made, having each three honorary Efquires; and
they now wear a red Ribbon a cross their Shoulders;
have a Prelate of the Order, who is the Billtop of
Ropefter, feveral Herals, and other Officers, c
Knights of the Chamber, (Milites Camera) Seem
to be fuch Knights Bachelors as are made in Time of
Peace, becauſe Knighted in the King's Chamber, and
nor in the Field: They are mentioned in Rot. Parl.
28 Ed. 3. 2 Inft. 666.-
*
•
A
器
​Knights-Fee, was heretofore fo much Inheritance
in Land, as was Tufficient to maintain a Knight
This was 20 7 a Year, by the Statute 7 Ed. 2. c. 1.
Bur Sir Thomas Smith in his Repub. Angl. rates it at
40 1. per Ann." Anu Sir Edward Coke ſays a Knight's
Fee contained 680 Acres. 2 Inft. 596. And when
the Eltate of a Knight was efteemed 201 by the
Year, then the State of a Baron was 400 Marks;
that of an Earl 4007 per Ann. of a Marquefs 800
Marks and Boo a Year for a Duke. 2 Co. Inf. 7)
89. In England, at the Time, of William called
the Conqueror, there were fixty thousand two hun
dred and fifteen Knight's Fees; whereof Twenty-
eight thoufand and fifteen were in the Poffeffion of
Religious Houles. Stow's Annals 285. Bract. lib. 5.
Knights of St. John of Jerufalem, (Milites
Sancti Johannis Hierofolymitani) Had their Beginning
about the Year 1119, and their Denomination from
John, Patriarch of Alexandria, tho vowed to St. John
Baptift, their Patron. They had one general Prior,
for the Government of the whole Order within Eng-
land and Scotland, who was the firft Prior of Eng-
land, and fate in the Lords Houfe of Parliament.
Their primary Foundation and Abode was firft in
Hierufalem, and then in the Ile of Rhodes, until they
were expelled thence by the Turks; fince which
their Chief Seat is the Isle of Malta. See 32 H. S.
and Hofpitalers.
nights of Malta. Thefe Knights took their
Name and Original from the Time of their Expul-
fion from Rhodes, Anno 1523. The Ifland of Malta
was then given them by the Emperor Charles 5.
where they now refide, and are therefore called
Knights of Malta: They have done grear Exploits
against the Infidel's, efpecially in the Year 1595.
Knights of Rhodes. The Knights of St. John of
Jerufalem, after they removed to Rhode Ifland. 32
H. 8. a 24.
Knights Service, (Servitium Militare) Was a Te-
nure whereby feveral Lands in this Kingdom were
held of the King; which drew after it Homage,
and Service in War, Efeuage, Wardfhip, Marriage,
&c. -
& The Knights Service in Capite, or in Chief, was
Service, by which the Tenant was bound to ferve
the King in his Wars: And if he held of a common
Perfon, then he was to go with his Lord in the
Wars. But it is taken away by Statute 12 Car. 2.
cap. 24. See Chivalry.
Knights of the Garter, (Equites Garterii, or Pe-
riftelidis) Are an Order of Knights, founded by King
Ed who after he had obtained many notable Vic
rories, for furnishing this honourable Order, made
Choice in his own Realm, and all Europe, of
Twenty-five the moft excellent and renowed Per-
fons for Virtue and Honour, and ordained himself
and his Succeffors, Kings of England, to be the So-
vereigns thereof, and the reft to be Fellows and
Brethren: Smith's Repub. Ang. lib. 1. cap. 20. And
according to Camden and others, this Order was
inftituted upon King Edward the Third's having great
Succefs in a Battle, wherein the King's Garter was
ufed for a Token: But Polydore Virgil gives it another
Original, and fays, that this King in the Height of
his Glory, the Kings of France and Scotland being
both Prifoners in the Tower of London at one Time,
first created this Order, Anno 1350, from the Countess
of Salisbury's dropping her Garter, in a Dance before
his Majefty, which the King taking up, and feeing
fome of his Nobles fmile, he faid Honi foit que mal y
penje, interpreted, Evil be to him that Evil thinketh,
which has ever fince been the Motto of the Garter,
declaring fuch Veneration fhould be done to that
filken Tie, that the beft of them fould be proud
of enjoying their Honours that Way Camden in
his Britannia faith, that this Order of Knights re-
ceived great Ornament from King Ed. 4. And
King Charles 1. as an Addition to their Splendor,
ordered all the Knights Companions to wear on their
upper Garment, the Crofs incircled with the Garter
and Motto. The Honourable Society of this Order
is intitled to St. Geogre; and they are a College or
Corporation, having a great Seal, &c. The Site of Knights of the Shire, (Milites Comitatus) Other-
the College is the Royal Castle of Windfor, with the wife called Knights of Parliament, are two Knights or
Chapel of St. George, and the Chapter-house in the Gentlemen of Worth, chofen on the King's Writ,
faid Caftle, for their Solemnity on St. George's Day, in pleno Comitatu, by the Freeholders of every
and at their Feafts and Installations. Befides the County that can difpend 40 s. a Year; and thefe,
King their Sovereign, and Twenty-five Companions, when every Man that had a Knight's Fee was
Knights of the Garter, they have a Dean and Canons, cuftomarily conftrained to be a Knight, were obliged
c. and twenty-fix poor Knights, that have no other to be Milites gladio cincli, for fo runs the Writ at this
Subfiftence but the Allowance of this Houſe, which Day; but now Notabiles Armigeri may be chofen. Stat.
is given to them in Refpect of their daily Prayer to 1 Hen. 5. c. 1. 10 H. 6. c. 2. 23 H. 6. c. 6. Their Ex-
the Honour of God and St. George; and there are pences were to be born by the County, during their
vulgarly called Poor Knights of Windfor. There are Sitting in Parliament, by the 35 H. S. c. 11. And as
alfo certain Officers belonging to the Order; a's Preto their Qualifications, they are to have 600l. per
late of the Garter, which Office is inherent to the Annum Freehold Eftate, &c. Vide 9 Ann. c. 5. and
Bishop of Winchester for the Time being; the Chan Parliament.
cellor of the Garter, who is the Bishop of Sarum; Re-
gifter, always Dean of Windfor; the Principal King at
Arms, called Garter, to manage and marshal their
Solemnities; and the Uber of the Garter, being
likewife Uher of the Black Rod. A Knight of the
Garter wears daily Abroad, a blue Garter decked
with Gold, Pearl, and precious Stones on the Left-
Leg; and in all Places of Affembly, upon his Coat
on the Left-fide of his Breaft, a Star of Silver Em-
broidery; and the Picture of St. George, enamelled
upon Gold and befet with Diamonds, at the End
of a blue Ribbon that croffes the Body from the
Left Shoulder; and when dreffed in his Robes, a
Mantle, Collar of SS, &c.
C.
2
4
i
1
•
Knights Templars, (Milites Templarii) Were a
Religious Order of Knights, inftituted in the Year
of our Lord 1119, and fo called, becauſe they
dwelt in Part of the Buildings belonging to the
Temple at Ferufalem, and not far from the Sepulchre
of our Saviour: They entertain'd Chriftian Strangers.
and, Pilgrims, and in their Armour led them
through the Holy Land, to view the facred Monu-
ments of Chriftianity, without Danger from Infidels.
This Order was far fpead in Christendom, particu-
larly here in England, where it flourished in the
Time of King Hen. 2. And had in every Nation a
particular Governor or Mafter, but at length fome
of them at Ferufalem falling away to the Saracens
from
1
X
i
LA
LA
from Christianity, the whole Order was fuppreffed ber, Labourers are to work from Five a Clock in the
by Clemens quintus, Anno 1307. And their Subftance Morning till Seven or Eight at Night, being al-.
given partly to the Knights of St. John of Jerufalem, lowed two Hours for Breakfaft and Dinner, and
and partly to other Religious. Caffan de gloria half an Hour for Sleeping the three hot Months;
Mundi, par. 9. Thefe Knight at first wore a white and all the Reft of the Year from Twilight to Twi-
Garment; and afterwards in the Pontificate of Pope light, except an Hour and a Half for Breaſtfaft
Eugenius, it was ordained that they fhould wear a and Dinner, on Pain of forfeiting Id for every
Red Cross: In antient Records they were alfo cal Hour abfent. 4 Eliz. If any Labourer fhall make an
lcd Fratres Militia Templi Solomonis. Mon. Angl. Tom. Affault upon his Mafter, he fhall fuffer and be pu
nished as a Servant making fuch Affault. Ibid.
2. p. 554..
Knights of the Thistle. The honourable the
Scotch Knighthood, the Knights whereof wear a
Green Ribbon over their Shoulders, and are other-
wife honourably diftinguiſhed.
Lacerta, A Word fignifying a Fathom. Domefday.
Laches, (From the Fr. Lafcher, i. e. Laxare, or
Lafche, ignavus) In our Law fignifies Slackness or
Negligence; as it appears in Littleton, where Laches
of Entry is a Neglect in the Heir to enter. And
probably it may be an old English Word; for when
we fay there is Laches of Entry, it is all one as if it
were faid, there is a Lack of Entry; and in this Sig.
nification it is ufed. Litt. 136. No Laches fhall be
Knighten-Court, An Honour Court held by the
Bishop of Hereford at his Palace there, twice a Year;
wherein Lords of Manors, and their Tenants hold
ing by Knights Service of the Honour of that Bi-
fhoprick, were Suitors. Butterfield's Serv. 244.
Knighten-gild, Was a Gild or Company in Lon-adjudged in the Heir within Age; and regularly
don, confifting of nineteen Knights, which King Ed-
gar founded, giving them a Portion of void Ground
lying within the Walls of the City, now called Pot-
foken Ward. Stow. 151.
known-men. The Lollards in England, called
Hereticks, for oppofing the Church of Rome before
the Reformation, went commonly under the Name
of Known-men, and Just Fast men; which Title was
first given them in the Diocefe of Lincoln, by Bishop
Smith, Anno 1500.
Bylyw, Signifies fome liquid Thing; and in the
North it is used for a Kind of liquid Victuals. It is
mentioned as an Exaction of Forefters, &c. Mon.
Angl. Tom. I. pag. 722.
Bytte, (Sax.) A Coffin or Cheft for Burial of the
Dead. Ex Reg. Epifc. Lincoln. MS.
L
yth, Is used for Kin or Kindred. Cognatus.
L.
BS, (Laqueus, à Lax, i. c. Fraus) A Net,
Gin, or Snare. Litt. Dic.
Label, (Appendix, Lemnifus) Is a narrow Slip of
Paper or Parchment, affixed to a Deed, Writing or
Writ, hanging at and out of the fame; and an ap-
pending Seal is called a Label.
tur.-
Labina, Signifies watry Land; in qua facile labi-
Famque diverfi Ligei notanter tranfeuntes
in Aquis & Labinis periclitantur. Mon. Ang. Tom. 2
pag. 372.
Labozariis, Is an antient Writ against Perfons
refufing to ferve and do Labour, who have no Means
of Living; or against fuch as having ferv'd in the
Winter, refufe to ferve in the Summer. Reg. Orig.
189.
•
Laches fhall not bar either Infants or Feme Coverts,
for not Entry or Claim, to avoid Defcents; but
Laches fhall be accounted in them, for Non-perfor-
mance of a Condition annexed to the State of the
Land. Co. Lit. 146.
Laita, A Defe&t in the Weight of Money; whence
is derived the Word Lack. Du Frefne.
Lada, Harh divers Significations; 1ft, From the
Sax. Lathian, to convene or Affemble, it is taken
for a Lath, or Court of Juftice. 2dly, It is used
for Purgation by Trial, from Ladian; and hence
the Lada fixplex, and Lada triplex or Lada plena, a-
mong the Saxons, mentioned in the Laws of King
Ethelred and K. Hen. 1. 3dly, Lada is applied to a
Lade or Courfe of Water; Camden ufes Water Lade,
or Water-courfe: And Spelman ſays, that Lada is a
Canal to carry Water from wet Grounds: Some-
times Lada fignifies a broad Way, Spelm. Gloff. Mon.
Angl. Tom. I. pag. 854.
Ladies. For the Order of Trial of Dutcheffes,
Counteffes, and Baroneffes for Treafon, when in-
dicted thereof. See Stat. 2 Hen. 4. c. 14.
Lafozdswick, (Sax. Hlaford, i. e. Dominus, and
Swic, proditio, Infidelitas erga Dominum) A Betray-
ing one's Lord or Mafter This Word is found in
King Canutus's Laws, c. 61. And in the Laws of
King Hen. 1. Quedam Placita emendari (viz. Quedam
Crimina expiari) non poffunt, Husbrech, Openthefe,
Eberemorth, & Lafordfwick. Leg. H. 1. c. 13.
Laga, (Sax. Lag) Signifies Law: And from hence
we deduce Saxonlage, Danelage, ExPc.
•
Lagan, Is Goods funk in the Sea, from the Sax.
Liggan, cubare: When Mariners in Danger of Ship-
wreck caft Goods out of the Ship, and because they
know they are heavy and fink, faften a Buoy or
Cork to them, that they may find and have them
Labourers, Confpiring together concerning their again; if the Ship be loft, thefe Goods are called
Work or Wages, fhall forfeit 107. for the first Offence, Lagan and fo long as they continue upon the Sea,
20 1. for the Second, &c. And if not paid, be fet on belong to the Lord Admiral; but if they are caft
the Pillory. Stat. 2. & 3 Ed. 6. c. 15. Juftices of away upon the Land, they are then a Wreck, and
Peace, and Stewards of Leets, &c. have Power to belong to the Lord intitled to the fame. 5 Co. Reb.
hear and determine Complaints relating to Nonpay- 106. At first Lagan was that Right which the
ment of Labourers Wages. 4 Ed. 4. 1. And Labourers Chief Lord of the Fee had to take Goods caft on
taking Work by the Great, and leaving the fame Shore by the Violence of the Sea, &c. Bra&. lib. 3.
unfinished, unlefs for Non-payment of Wages, or cap. 2.
where they are employed in the King's Service, Lageman, (Lagamannus) Homo habens Legem, or
c. are to fuffer one Month's Imprisonment, and Homo Legalis feu Legitimus; fuch as we call now,
forfeit 51. The Wages of Labourers is to be yearly Good Men of the Fury. The Word is frequently ufed
affeffed for every County by the Sheriff, and Ju- in Domesday, and the Laws of Edward the Confeſſor,
ftices of Peace in the Eafter Seffions, and in Corpo-cap. 38. thus: Poften inquififfet Juftitia per Lagaman-
rations by the Head Officers, under Penalties. 5 nos, & per Meliores homines de Burgo, &c. Sir Edw.
Eliz. cap. 4. And the Sheriff
And the Sheriff is to caufe the faid Coke fays, a Lageman was he who had Socam & Sa-
Rates and Affeffments of Wages to be proclaimed. cam fuper Homines fuos, i. e. that had a Jurifdiction
1 Fac. I. c. 6. All Perfous fit for Labour, fhall be over their Perfons and Eftates; of which Opinion
compelled to ferve by the Day, in the Time of Hay were Somner and Lambard, and that it fignified the
or Corn Harveſt; and Labourers in the Harveft-time Thanes, called afterwards Barons, who fat as Judges
may go to other Counties, having Teftimonials.to determine Mens Rights in Courts of Juftice.
From the Middle of March to the Middle of Septem-Senatus confult. de Monticolis Wallia, cap. 3. it is faid
In
Let
2
#
1
LA
LA
1
Let twelve Laghmen, which Lambard renders Men of
Law, viz. Six English and fix Welih, do Right and
Juftice, S. Blount.
Lagen, (Lagena) In antient Time was a Meaſure
of Wine, &c. the Lieutenant of the Tower has the
Privilege to take unam Lagenam Vini, ante malum
retro, of all Wine Ships that come up the Thames :
And Sir Peter Liecefler, in his Antiquities of Chefhire,
interprets Lagena Vini, a Bottle of Wine.
Donatio infuper de Sex Lagenis olei annuatim. Chart.
2 Ed. 3.
Laghday, or Lakday, A Time of open Court. See
Law-day.
Laghite, Lagalite, Lahllite, (Sax. Lag, Lex, &
Slite, Ruptio) A Breaking or Tranfgreffing of the
Law; and fometimes the Punishment inflicted for
fo doing. Leg. H. 1. c. 13.
Laia, A broad Way in a Wood; the fame with
Lada. Mon. Ang. Tom. I. pag. 483.
Lairwite, Lecherwite, and Legergeldum, from
the Sax. Lagan, i. e. Concumbere, & Wite, Mul&a)
Pœna vel Mulda Offendentium in Adulterio Fornica-
tione; and the Privilege of punishing Adultery and
Fornication did anciently belong to the Lords of
fome Manors, in Reference to their Tenants. Fleta,
lib. 1. c. 47. 4 Inft. 206.
Lammas-Day, Is the first Day of Auguft, fo call-
ed quafi Lamb-mafs; on which Day the Tenants
that held Land of the Cathedral Church of York,
(which is dedicated to St. Peter ad Vincula) were
bound by their Tenure to bring a live Lamb into
the Church at High Mafs. It is otherwife faid to
come from the Sax. Hlafmaffe, viz. Loaf-mafs, as on
that Day the English made an Offering of Bread
made with new Wheat. 23 Hen. S. c. 4.
Lamps. Houfe-keepers in London, and within the
weekly Bills of Mortality, living in Streets, are to
hang out Lamps every Night till Twelve a-Clock,
from Michaelmas to Lady day, under the Penalty of
2 s. for every Default. Stat. 2 W. & M. And by a
late Statute, a convenient Number of Glass Lamps
fhall be put in füich Places of the City of London,
as the Mayor and Aldermen, &c. fhall think fit;
to be kept lighted and burning, from Sun-fet to Sun-
rifing, throughout the Year: And Rates made on
Houfes, the lowest 7 s. and not above 20 s. per Ann.
for defraying the Charges of them. Every Alder-
man, with Confent of his Deputy and Common
Council, may contra&t yearly for the fetting up
Lamps; and their Lighting, Trimming, &c. And
Perfons malicioufly breaking down, or extinguifh
ing any Lamp, fhall forfeit 40 s. for the first Of
fence, and so s. for the Second, &c. leviable by
Juftices, or be fent to the House of Correction.
Stat. 9 Geo. 2. c. 20.
Lancaster, Was erected into a County Palatine
Anno 50 Ed. 3. and granted by the King to his Son
John for Life, that he fhould have Fura Regalia,
and a King like Power to pardon. Treafons, Out-
lawries, &c. and make Juftices of Peace and Juftices
of Affife within the faid County, and all Proceffes
and Indictments to be in his Name; but thefe Roy-
alties are abridged by the Stat. 27 H. 8. c. 24. There
is a Seal for the County Palatine, and another for the
Dutchy, i. e. Such Lands as lie out of the County
Palatine, and yet are Part of the Dutchy; for
fuch there are, and the Dukes of Lancaster held
them, but not as Counties Palatine, for they had not
Jura Regalia over thofe Lands. 2 Lutw. 1236. 3 Salk.
110, 111. The Statute 37 H. 8. c. 16 annexes Lands
to the Dutchy of Lancaster, for the Enlargement of
it. Fines levied before the Juftices of Affife of Lan-
cafter, of Lands in the County Palatine, fhall be of
equal Force with thofe acknowledged before the
Juftices in the Common Pleas. 37 H. 8. c. 19. And
Process against an Outlawed Perfon in the County
Palatine of Lancaster, is to be directed to the Chan-
cellor of the Dutchy, who fhall thereupon iffue like
2
Writs to the Sheriff, &c. 5 & 6 Ed. 6. 26. The
Statute 17 Car. 2. concerning Caufes of Replevin
fhall be of Force in the Court of Common Pleas
for the County Palatine of Lancaſter. 19 Car. 2. 5.
Lanceti. Theſe were Agricola quidam, fed ignotæ
fpeciei. Spelm.
Land, (Terra) Signifies generally not only arable
Ground, Meadow, Pafture, Wood, Moors, Waters,
c. but alfo Meffuages and Houfes; for in convey-
ing the Land, the Buildings pafs with it. Co. I.it. 4.
19. In a more reftrained Senfe it is arable Ground:
And the Land of every Man in the Law is faid to
be inclofed from other, though it lie in the open
Field; fo that for any Trefpafs therein, he fall
have the Writ Quare Claufum fregit, &c. Doct. and
Stud. S. In a Grant, Land may extend to Meadow,
or Pafture, &c. But in Writs and Pleadings, it fig-
nifies arable only. 1 Vent. 260.
Landboc, (From the Sax. Land and Boc, Liber)
Was a Charter or Deed whereby Land was held. Sic
Anglo-Saxones Chartas & Inftrumenta nuncuparunt, præ-
dicrum ceffiones, jura & firmitates continentia. Spelm.
Gloff.
Landcheap, (Sax. Land-ceap, from Ceapan, to buy
and fell) An ancient cuftomary Fine, paid at every
Alienation of Land lying within fome Manor, -or
Liberty of a Borough; as at Malden in Effex, there
is to this Day a Cuftom called by the faine Name,
that for certain Houfes and Lands fold within that
Place, thirteen Pence in every Mark of the Pur
chafe-Money- fhall be paid to the Town; and this
Cuftom of Land cheap, they claim (inter alia) by a
Grant from the Bishop of London, made Anno 5 H. 4.
Landea, A Ditch in Marshy Lands to carry Wa-
Vera judicia & awarda faciat
de Valliis, Landeis, & Watergagis. Du Cange.
Landefricus, The Lord of the Soil. Leg. Ethelred.
cap. 6.
ter into the Sea.
•
Landegandman, Was one of the inferior Te-
nants of a Manor; it is ufed in Cuftumar, de Hecham.
Spelm.
Land-gable, A Tax or Rent iffuing out of Lands;
according to Domesday, Cenfus pradialis vel tributum,
quod à prædiis colligitur: And it is faid to be a Quit-
Rent for the Site of a Houfe, or the Land whereon.
it tood, being the fame with what we now call
Ground-Rent. Domefd. Lincoln.
Landímers, Agrimensores, Meafurers of Land, fo
called of old; Landimera autem eft Terre limes vel
Meta: From the Sax. Gemara, i. c. Terminús; and
hence we fay Meers.
1
Landire&á. In the Saxon Times the Duties which
were laid upon all that held Land, were term'd
Trinoda neceffitas, viz. Expedition, Burghbote and Brig
bote; which Duties the Saxons did not call Servitia;
because they were not Feodal arifing from the Con-
dition of the Owners, but Landiredd, Rights that
charged the very Land, whoever did poffefs it.
Spelm. of Feuds.
Landlord, Is he of whom Lands or Tenements
are holden; and a Landlord may diftrain on the
Lands of common Right, for Rent, Services, &c.
Co. Litt. 57, 205. In London, if a Tenant commit
Felony, &c. whereby his Goods and Chattels become
forfeit; the Landlord fhall be paid his Rent for two
Years, before all other Debts except to the King,
out of the Goods found in the Houfe. Priv. Lond. 75,
Land Tax, Granted by Parliament. Vide Tax.
Land-tenant, Is he that poffeffes Land let, or
hath it in his manual Occupation. 14 Ed. 3. Stat. 1.
cap. 3. Sec Tertenant.
Langemanni, Are Lords of Manors, as inter-
preted by Sir Ed. Coke. 1 Inft. 5. They are men-
tioned in Domefd.
Langeolum, An under Garment made of Wool,
formerly worn by the Monks, which reach'd down
to their Knees; fo called becauſe Laren fit. Mon.
Angl. Tom. 1. pag. 419.
Lanis
1
L.A
LA
1
Lano niger, A Sort of bafe Coin, formerly cur-
rent in this Kingdom. Memorand. in Scaccario. Mich.
22 Ed. 1.
Lanis de crefcentia Walliæ traducendis abfque | bove fix Months by his Fault, there fhall be no
Cuftuma, &c. An antient Writ that lies to the Lapfe. 1 Inft. 344. A Clerk prefented being refu-
Customer of a Port, to permit one to pafs Wool fed by the Bifhop for any fufficient Caufe, as Illite
without paying Cuſtom, he having paid it before in rature, ill Life, &c. he is to give the Patron No
Wales. Reg. Orig. 279
tice of it, that another may be prefented in due
Time, otherwife the Bishop fhall not collate by
Lapfe; becauſe he fhall not take Advantage of his
own Wrong, in not giving Notice to the Patron as
he ought to do by Law. Dyer 292. And if an Avoi
dance is by Refignation, which muft neceffarily be
to the Bishop by the Act of the Incumbent; or by
Deprivation, which is the Act of the Law, Lapfe
fhall not incur to the Bishop, till fix Months after
Notice given by him to the Patron: When the
Church becomes void by the Death of the Incum-
bent, &c. the Patron muft prefent in fix Months
without Notice from the Bishop, or fhall lofe his
Prefentation by Lapfe. Dyer 293, 327. 1 Inft. 135.
4 Rep. 75. In the Cafes of Deprivation and Re-
fignation, where the Patron is to have Notice be-
fore the Church can lapfe, the Patron is not bound
to take Notice from any Body but the Bifhop him-
felf, or other ordinary, which must be perfonally
Lapis Marmorius, A Marble Stone about twelve
Foot long and three Foot broad, placed at the upper
End of Westminster-ball, where was likewife a Mar-
ble Chair created on the Middle thereof, in which
our Kings anciently fat at their Coronation-Dinner,
and at other Times the Lord Chancellor. Qui
quidam Henricus de Cliff, (Clericus Rotulorum) in
Magna Aula Weftm. apud Lapidem Marmorium in
prafentia Domini Cancellarii, præftitit Sacramentum, &c.
Clauf. Ed. 2. m. 1. Dorfo. Over this marble Table
are now erected the Courts of Chancery and King's
Bench. Orig. Juridical. 37.
...
Lapfe, (Lapfus) Is a Slip or Omiffion of a Patron
to prefent to a Church, within Six Months after it
becomes void; in which Cafe we fay, that Benefice
is in Lapfe or lapfed. 13 Eliz. c. 12. And Lapfe is de-given to the Party, if he live in the fame County;
fined to be a Title given to the Ordinary to collate and fuch Notice muft exprefs in certain the Caufe
to a Benefice, on the Patron's Negligence in Pre- of Deprivation, &c. If the Patron live in a foreign
fenting within fix Months; and alfo to be a Devo- County, then the Notice may be published in the
lution of a Right of Prefenting from the Patron to Parish Church, and affixed on the Church-door.
the Bishop; from the Bishop to the Archbishop; and Cro. Eliz. 119. Dyer 328. In fuch Cafes that there
from the Archbishop to the King. Wood's Inft. 158. ought to be Notice, if none is given by the Biſhop
If after an Avoidance, the Patron doth not prefent in or Archbishop in a Year and half, whereby Lapje
lix Months, the Ordinary hath the next fix Months would come to the King if it had been given; here
to collate to the Benefice; and if he doth not collate the Lapfe arifeth not to the King, when no Title
in fix Months, then the Metropolitan hath further arofe to the inferior Ordinary. Dyer 340. And it
fix Months; and if he doth not collate within his has been adjudged, that Lapfe is not an Intereft,
fix Months, it then devolves to the Crown. 2 Roll. like the Patronage, but an Office of Truft repofed
Abr. 360. Hob. 30. 4 Rep. 17. And the Computation by Law in the Ordinary; and the End of it is, to
of the fix Months is by the Kalendar Months, ex- provide the Church a Rector, in Default of the
clufive of the Day in which the Church becomes Patron: And it cannot be granted over; for the
void. 6 Rep. 62. Where a Patron prefents his Clerk Grant of the next Lapfe of fuch a Church, either
before the Bishop hath collated, the Preſentation is before it falls or after, is void. F. N. B. 34. Alfo
good nothwithstanding the fix Months are paft, and if Lapfe incurs, and then the Ordinary dies, the
hall bar the Bishop, who cannot take any Advan-King fhall prefent, and not the Ordinary's Execu-
tage of the Lapfe: And fo if the Patron makes his tors, becauſe it is rather an Adminiftration, than
Prefentation before the Archbishop hath collated, an Intereft. 25 Ed. 3. 4. Mallor. Q., Imped. 118.
though twelve Months are paft: But if the Bishop A Lapfe may incur against an Infant or Feme Co-
collates after twelve Months, this bars not the Arch-vert, if they do not prefent within fix Months. I
biſhop. 2 Rol. Abr. 369. 2 Inft. 273. If a Bifhop doth Inft. 246. But there is no Lapfe against the King,
not collate to Benefices of his own Gift, they lapfe at who may take his own Time, and Plenarty fhall be
the End of fix Months to the Archbishop; and if no Bar against the King's Title, becauſe Nullum
the Archbishop neglects to collate within fix Months, tempus occurit Regi. 2 Inft. 273. Dyer 351. By Pre-
to a Benefice of his Gift, the King fhall have it by fentation and Inftitution, a Lapfe is prevented;
Lapfe. Dr. & Stud. cap. 36. And if a Church conti-tho' the Clerk is never inducted: And a Donative
nues void feveral Years by Lapfe, the Succeffor of cannot lapfe, either to the Ordinary or the King.
the King may prefent. Cro. Car. 258. But if the 2 Inft. 273.
King hath a Title to prefent by Lapfe, and he fuf- Larceny, (Fr. Larrecin, Lat. Latrocinium) Is a
fers the Patron to prefent, and the Prefentee dies, Theft or Felony of another's Goods, in his Abfence;
or refigns before the King hath prefented, if the and in Refpect of the Thing ftolen, it is either
Preſentation is real and not by Covin, he hath loft great or fmall: Grand Larceny is a felonious Taking
his Preſentation, for Lapfe is but for the first and and carrying away the perfonal Goods of another,
next Turn; and by the Death of the Incumbent, a above the Value of 12 d. not from the Perfon, or
new Title is given to the Patron; though it has by Night, in the Houfe of the Owner; and Petit
been adjudged that the King in fuch Cafe may pre-Larceny is when the Goods ftolen do not exceed the
fent at any Time as long as that Prefentee is incum-Value of 12.d. It agrees with Grand Larceny in all
bent. 2 Cro. 216. 7 Rep. Moor 244. When the Pa-Things except only the Value of the Goods; fo
tronage of the Church is litigious, and one Party that wherever any Offence would be Grand Larceny,
doth recover against the other in a Quare Impedit, if the Thing ftolen was above 12 d. Value, it is Pe-
if the Bishop be not named in the Writ, and fix tit Larceny, if it be but of that Value, or under.
Months pafs while the Suit is depending, Lapfe fhall H. P. C. 60, 69. If two Perfons fteal Goods to the
incur to the Biſhop: If the Bishop be named in the Value of 13 d. it is Grand Larceny in both; and if
Writ, then neither the Bishop, Archbishop or King, one at different Times fteals divers Parcels of Goods
can take the Benefice by Lapfe; and yet it is faid if from the fame Perfon, which together exceed the
the Patron within the fix Months brings a Quare Value of 12 d. they may be put together in one In-
Impedit againſt the Bifhop, and then the fix Months dictment, and the Offender found Guilty of Grand
pafs without any Prefentation by the Patron, Lapfe Larceny; but this is very feldom done: On the con.
hall incur to the Bishop. 2 Roll. Abr. 365. 6 Rep. trary, the Jury fometimes, where it is an Offender's
52. 1 Inft. 344. Hob. 270. Though where the Bi-firft Offence, &c. find it fpecially, as they may,
fhop is a Diſturber, or the Church remains void a-that the Goods are of but io d. Value; whereby it
5 Y
will
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:
!
P. C. 62.
.
A Per-
will be only Petit Larceny, though the Offender is implied. Wood's Inft. 364, 365. In the above Caſes,
indi&ed for stealing Things of the Value of 30 or there is a lawful Poffeffion by Delivery, to extenu-
40s. H. P. C. 70. Pult. 125. 3 Inft. 109. Hetl. Rep. 66. are the Offence: But Perfons having the Poffeffion
And Grand Larceny is a Felony punished with Death; of Goods by Delivery, may in fome Inftances be
Petit Larceny only with Whipping, or other Corpo- guilty of Felony, by taking away Part thereof; as
ral Punishment, &c. But the Offenders may have if a Carrier open a Pack, and take out Part of the
the Benefit of Transportation by Statute. There is Goods; a Miller, who has Corn to grind, takes out
nor only Simple Larceny, by taking away the Goods Part of the fame, with an Intent to fteal it, c.
of another, but a mix'd or complicated Larceny, in which Cafes, the Poffeffion of Part, distinct from
which has a further Degree of Guilt in it, and is the Whole, was gained by Wrong, and not delivered
either a Taking from the Perfon, or from the by the Owner, &c. H. P. C. 62. S. P. C. 25. 1 Hawk.
Houfe; as in Cafe of Robbery, Burglary, &c. Alfo P. C. 90. If a Lodger hath the Poffeffion of Goods
there is a Private Larceny from a Man's Perfon, and Furniture in a Houfe, by the Confent and De-
without his Knowledge; or an Open Larceny with livery of the Owner, the Taking away, Imbeziling
his Knowledge; Private, by picking the Pocket, or Purloining thereof, with an Intent to fteal them,
c. Openly, where a Thief takes off my Hat, or is Felony and Larceny. Stat. 3 & 4 W. & M. cap. 9.
Periwig, from my Head, and runs away with it: And by Statute, if a Servant being of the Age of 18
And as to Private Larceny from the Perfon above Years, and not an Apprentice, goes away with Goods
12 d. it is excluded Clergy, if laid in the Indictment of his Mafter or Mistress delivered him to keep;
as done clam & fecrete, c. according to the Words or being in his Service imbezils them, or converts
of the Stat. 8 Eliz. but otherwife it is not; Open them to his own Ufe, with Intention to fteal them,
Larceny with Knowledge, by the Common Law is it is Felony, if the Goods are of the Value of 40 s.
Alfo if one Servant deli-
within the Benefit of Clergy. H. P.C. 75. Dalt. cap. or above. 21 H 8. c. 7.
110. 3 Inft. 68. Dyer 224. Of all moveable Goods, vers the Goods to another Servant, this is a Dili-
the Property whereof is in any Perfon, Felony, or very by the Mafter; yet if the Mafter or another
Larceny may be committed; as Money, Houfhold-Servant delivers a Bond, or Cattle to fell, and the
ftuff, Hay, Corn and Trees fevered from the Servant goes away with the Bond, and receives the
Ground, &c. But the Goods ftolen muſt be mere Money thereon due, or receives the Money for the
Perfonal, to make it Larceny; for if it be of any Cattle fold, and goes away with the fame, this is no
Thing in the Realty, or fixed to the Freehold; as Felony or Larceny within the Statute. Dalt. 388. H.
Corn, or Fruit growing, not fevered, Lead on a
3 Inft. 105. So if a Servant receives his
Church, &c. it is not Larceny. 3 Inft. 109. 8 Rep. 33. Mafter's Rents; for the Mafter did not deliver the
Dalt. 372. And of Paper and Parchment, on which Money to the Servant, and it muſt be of Things de
Conveyances are written concerning Lands, or Obli-livered to keep: And if Goods delivered to the Ser-
gations, &c. Larceny cannot be committed. Wood's vant to keep, are under 40s. Value, and he goes
Inft. 366. But fec Stat. 2 Geo. 2. c. 25. as to ftealing away with them, this is only a Breach of Truft, by
of Bonds and Notes; and the 4 Geo. 2. c. 32. against Reafon of the Delivery; but if the Goods were not
ftealing and taking away Lead, or Iron Bars from delivered to him, it is Felony and Larceny to go a-
Houfes, &c. Where a Perfon finds the Goods of way with or imbezil them, though under the Value
another that are loft, and converts them to his own of 40s. &c. Dalt. 369. Sec 12 Ann. c. 7.
Ufe, it is no Larceny. H. P. C. 61. To take away fon that hath the bare Charge of Goods, and not
Goods the Owner of which is unknown, fometimes the Poffeffion; as a Butler that hath the Charge of
is no Larceny; fuch as Treasure-Trove, Wrecks, Plate, a Shepherd of Sheep, a Servant who hath
Waifs, Strays, before Seifure by the Perfon who the Charge of a Chamber by Delivery of the Key
hath a Right to the fame; though in other Cafes, to him, &c. may be guilty of Larceny. 3 Inft. 108.
a Man may be guilty of Larceny in taking away If the Goods of a dead Perfon are ftolen, it is Fe-
Goods, the Owner whereof is not known. Dalt. 370. lony and Larceny: But where Servants in a Houſe
3 Inft. 208. H. P. C. 67. And in fome extraordinary imbezil them after their Mafter's Deceafe, this
Cafes, the Law will rather feign a Property, where feems not to be Felony; becauſe the Things were
in Stri&nefs there is none, than fuffer an Offender in fome Meaſure in their Cuftody; though if they
to eſcape Juftice. 1 Hawk. P. C. 94. A Man may appear not on Proclamation, they fhall be attainted
commit Larceny by taking away his own Goods in of Felony, by Statute 33 H. 6. c. 1. 1 Hale's Hift. P.
the Hands of another; where the Owner delivers C. 515. A Man puts a Child of feven Years old to
Goods to a Carrier, and afterwards fecretly fteals take Goods and bring them to him, and he carries
them from him, with an Intent to charge him for them away; the Child is not guilty by Reaſon of
them, because the Carrier had a fpecial Pro- his Infancy, yet it is Larceny in the other. Ibid. 514.
perty, and the Poffeffion for a Time. 3 Inft. 110. If a Man reduced to extreme Neceffity (not owing
Dalt. 373. Pult. 126. To make the Crime of Lar to his own Unthriftinefs) fteals Vi&tuals meerly to
ceny, there must be a felonious Taking; or an In- fatisfy his prefent Hunger, and keep him from
tent of stealing the Thing, when it comes firft to Starving, by our ancient Books, this is neither Fe-
the Hands of the Offender, at the very Time of the lony nor Larceny. 1 Hawk. P. C. 93. An Acquittal
Receiving. 3 Inft. 107. Dalt. 367. And if one in- of Larceny in one County, may be pleaded in Bar of
tending to fteal Goods, gets Poffeffion of them by a fubfequent Profecution for the fame Stealing in
Eje&ment, Replevin, or other Procefs at Law un-another County: And an Averment that the Offen-
duly obtained, by falfe Oath, c. it is a felonious ces in both Indictments are the fame, may be made
Taking. 3 Inft. 64. Kel. Rep. 43, 44. If a Man out by Witneffes, or Inqueft of Office, without put-
hath Poffeffion of Goods once lawfully, though he ting it to Trial by Jury; though that of later
2 Hawk. P. C.
afterwards carry them away with an ill Intention, Years hath been the ufual Method.
it is no Larceny: Where a Taylor imbezils Cloth de- 370. But it is no Plea in Appeal of Larceny, that
livered to him, to make a Suit of Clothes, c. it the Defendant hath been found Not guilty in Action
is not Felony. H. P. C. 61. 5 Rep. 31.
5 Rep. 31. And if I of Trefpafs brought against him by the fame Plain-
lend a Perfon my Horfe to go to a certain Place, tiff for the fame Goods, for Larceny and Trefpafs
and he goes there, and then rides away with him, are entirely different; and a Bar in an Action of an
it is not Larceny; but Remedy is to be had by Ac- inferior Nature, will not bar another of a fuperior.
tion for the Damage: Tho' if one comes on Pre- Ibid. 371. If a Perfon be indicted for Felony or
tence to buy a Horfe, and the Owner gives the Larceny generally, and upon the Evidence it ap-
Stranger Leave to ride him, if he rides away with pears that the Fact is but a bare Treſpaſs, he can-
the Horfe, it is Felony; for here an Intention is not be found Guilty and have Judgment on the
Trespass
I
8
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LA
Suo-
Trefpafs, but ought to be indicted anew; though jned in the Hundred: Court, were thence brought to
it may be otherwife where the Jury find a fpecial the Trithing, where all the principal Men of three
Verdict, or when the Fact is fpecially laid, &c. In for more Hundreds being affembled by the Latbreve
Trefpafs where the Taking is felonious, no Verdi&or Trithingreve did debate and decide it; or if they
ought to be given, unless the Defendant hath be- could not, then the Lathreve fent it up to the Coun-
fore been tried for the Felony. 2 Hawk. 440. All ty-Court, to be there finally determined.
Felony includes Trefpafs, fo that if the Party be que olim fubaudiens magiftratui quem Ledgrevium ap
Guilty of no Treſpaſs in taking the Goods, he can- pellabant. Spelm. ant. Government of England.
not be guilty of Felony or Larceny in carrying them
Latín. There are three Sorts of Latin.
I. Good
away; and in every Indictment of Larceny, there Latin, allowed by Grammarians and Lawyers. 2.
must be the Words Felonice cepit & afportavit, &c. Falfe or incongruous Latin, which Times paſt would
H. P. C. 61. I Hawk. 89. See Felony.
abate original Writs; though not make void any
judicial Writ, Declaration or Plea, &c. And 3.
Words of Art, known only to the Sages of the Law,
and not to Grammarians, called Lawyers Latin. 1 Lill.
Abr. 146, 147. Stat. 36 Ed. 3. Formerly the Ufe
of a Word not Latin at all, or fo in the Senfe in
which used, might in many Cafes be helped by an
Anglice; tho' where there was a proper Latin Word
for the Thing intended to be expreffed, nothing
could help an improper one. 2 Hawk. P. C. 239. And
when there was no Latin for a 'Thing, Words made
which had fome Countenance of Latin, were al-
lowed good, as Velvetum, Anglice Velvet, &c. IỢ
Rep. 133. See Indictment, and Process.
Larderarius Regis, The King's Larderer, or
Clerk of the Kitchen: Cowel.
Larding Money. In the Manor of Bradford in
the County of Wilts, the Tenants pay to their Lord
a fmall yearly Rent by this Name; which is faid
to be for Liberty to feed their Hogs with the Maft
of the Lord's Woods, the Fat of a Hog being cal-
led Lard: Or it may be a Commutation for fome
cuftomary Service of carrying Salt or Meat to the
Lord's Larder. This was called Lardarium in old
Charters; & Decimam Lardarii de Haga. Mon.
Angl. Tom. 1. p. 321.
Larons, (Fr.) Thieves; mentioned in the Statute
for View of Frank-pledge. 18 Ed. 2.
Lallatinus, Often occurs in Walfingham, and fig-
nifies, an Affaffine or Murderer. Anno 1271.
་
Latínaríus, An Interpreter of Latin, or Latiner,
from the Fr. Latinier; and heretofore he that under-
tood Latin, which in the Time of the Romans was
the prevailing Language, might be a good Inter-
preter. 2 Co. Inft. 515.
Laft, (Sax. Hlaftan, i. e. Onus, Fr. Left) Denotes
a Burden in general, and particularly a certain
Weight or Meafure of Fish, Corn, Wool, Leather, Latitat, Is a Writ whereby all Men are origi
Pitch, &c. As a Laft of White Herrings, is twelve nally called to anſwer in perfonal Actions in the
Barrels, of Red Herrings, twenty Cades or Thou- King's Bench; having its Name upon a Suppoſition
fand, and of Pilchards, ten Thoufand; of Corn, that the Defendant doth lurk and lie bid, and cannot
ten Quarters, and in fome Parts of England twenty-be found in the County of Middlefex to be taken by
one Quarters; of Wool, twelve Sacks; of Leather, Bill, but is gone into fome other County, to the
twenty Dickers, or ten Score; of Hides or Skins, Sheriff of which this Writ is directed, to apprehend
twelve Dozen; of Pitch, Tar or Afhes, fourteen him there. F. N. B. 78. Terms de Ley 421. The O-
Barrels; of Gunpowder, twenty-four Firkins, weigh-riginal of it is this; In ancient Time, while the
ing a hundred Pound cach, &c. Stat. 32 Hen. 8. cap.
14. 1 Fac. I. c. 33. 15 Car. I. c. 7.
King's Bench was moveable, when any Man was fued
a Writ was fent forth to the Sheriff of the County
Laft, In the Marfhes of Kent, is a Court held by where the Court was refident called a Bill of Mid-
the twenty-four Jurats, and fummoned by the Baidlefex, to take him; and if the Sheriff returned Non
liffs; wherein Orders are made to lay and levy
Taxes, impofe Penalties, &c. for the Prefervation
of the faid Marshes. Hift. of Imbanking and Draining,
f. 54.
eft inventus, then was a fecond Writ fued out, that
had thefe Words, Cum Teftatum eft quod Latitat, &c.
and thereby the Sheriff was commanded to attach
the Party in any other Place, where he might be
Laftage, (Laftagium) A Cuftom exacted in fome found: And when the Tribunal of the King's Bench
Fairs and Markets, to carry Things bought where came to be fettled at Westminster, the fame Courſe
one will, by the Interpretation of Raftal: But it is was obferved for a long Time; but afterwards, by
taken for the Ballaft or Lading of a Ship, by the the Contrivance of Clerks, it was deviled to put
Stat. 21 R. 2. cap. 18.
Omnes Homines Lon- both thefe Writs into one, and fo attach the De-
don. fint quieti & liberi, &c. de Theolonio, & Pafagio, fendant upon a Fiction that he was not in the Coun-
Laftagio, & ab omnibus aliis Confuetudinibus. Diploty of Middlefex, but lurking elfewhere; and that
ma Hen. 1. de Libertatibus London. And Laftage, fays therefore he was to be apprehended by the Sheriff
another Author, is properly that Cuftom which is of the County where he was fufpected to be and lie
paid for Wares fold by the Laft; as Herrings, Pitch, hid. It is called a Teftatum Writ, iffuing our of
& Co
Laft Heir, (Ultimus Hares) Quippe Rex omnium
Hæredum ultimus eft, uti oceanus omnium fluviorum re-
ceptaculum. Bra&t. lib. 7. cap. 17. See Heir.
Latefare, To lie Side-ways in Oppofition to
lying End-ways; uſed in the Deſcription of Lands.
Chart. dat. Ann. 1317.
Lathe, Leth, (Laftum, Leda, Sax. Lathe) Is a
great Part of a County, containing three or four
Hundreds, or Wapentakes; as it is ufed in Kent
and Suffex. Leg. Ed. Confeff. c. 35.Et fint quieti
de fectis Comitatuum, Leth, Hundred. & auxiliis vice-
comitum. Pat. 1 H. 4. par. 8. m. 8. Sec Lada.
B. R. grounded upon a Bill of Middlefex, fuppofed
to be fued out before, and returned Non eft inventus:
And a Latitat out of the King's Bench is in Nature
of the Original Writ Claufum fregit, on which the
Practice is in the Common Pleas, 2 Lill. Abr. 147. A
Latitat cannot iffue into the County of Middleſex,
except the Court remove out of Middlefex into an-
other County, for in the County where the Court
of B. R. is, the Procefs must be by Bill, and out of
the County by Latitat. Ibid. If the Writ of Latitat
is iffued during Term-Time, the Tefte thereof is
to be the first Day of the Term; and if in the Va-
cation, it must be the laft Day of the Term pre-
Lathzebe, Leidgreve or Trithingreve, Was an ceding: A Note is to be made of it on Paper for
Officer under the Saxon Government, who had Au- the Officer, and the Latitat being filled up, is to
thority over a third Part of the County; and whofe be carried with the Note to the King's Bench Office,
Territory was therefore called Trithing, otherwife and there the Writ is figned; from whence it is
a Leid or Leithen, in which Manner the County of carried to the Seal-Office, where it is fealed, and
Kent is ftill divided; and the Rapes in Suffex feem the Day ftamped on the Back-fide; and then a War-
to answer the fame. As to the Jurifdiction of this rant is to be procured from the Sheriff of the Coun-
Officer, thofe Matters that could not be determi-ty to execute the Writ. Practif. Solic. 217. And
when
1
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LA
when any Perfon fhall fue forth of B. R. any La-
titat, Alias and Pluvies against any Perfon, who
thereupon appears and puts in Bail; if the Plaintiff
do not declare within three Days, or after Decla-
ration he diſcontinues, &c. the judges fhall award
Damages. Stat. 8 Eliz. c. 2.
G
requires five Properties; Poffibilis, Neceffaria, Conve-
niens, Manifefta, nullo privata commodo. 2 Co. Inft. 56,
587. Laws are faid to be Arbitrary, or Natural Laws;
the last of which are effentially juft and good, and
bind every where and in all Places where they are
obferved: Arbitrary Laws are either concerning fuch
Matter as is in itfelf morally indifferent, in which
Form of a Writ of Latitat out of B. R.
Cafe both the Law and the Matter, and Subject of
it is likewife indifferent, or concerning the natural
EORGE the Second, by the Grace of God, King Law itſelf, and the Regulating thereof; and all ar-
I of Great Britain, France and Ireland, Defender bitrary Laws are founded in Convenience, and de-
of the Faith, &c. To the Sheriff of South'ton Greetingpend upon the Authority of the Legiſlative Power
Whereas we lately commanded our Sheriff of Middlefex, which appoints and makes them, and are for main-
that he should take C. D. and E. F. if they should be found taining publick Order: Thofe which are natural
in his Bailiwick, and safely keep them, so that he might
have their Bodies before Us at Westminster, at a certain
Day now past, to answer to A. B. in a Plea or Action of
Trespass; and also to a Bill of the faid A. to be exhibited
against the faid C. according to the Custom of our Court
before us, for a Debt of Ten Pounds: And our faid She
riff of Middlefex, at that Day made a Return to us,
that the faid C. and E. were not to be found in his Bai-
liwick; whereupon on the Behalf of the faid A. it is te-
ftified in our Court before us, that the faid C. and E. lurk
and wander up and down in your County. Therefore we
command you, that you take them, if they are to be found
in your Bailiwick, and keep them safely, so as you have
their Bodies before us at Westminster, on Wedneſday
next after three Weeks of Saint Michael, to answer to
the faid A. in the Plea and Bill aforefaid; and have you
there then this Writ. Witness Robert Lord Raymond
at Weſtminſter, the Day, &c.
..
Latro, Latrocinium, He who had the fole Jurif
diction de Latrone in a particular Place: It is men-
tioned in Leg. Will. 1. See Infangthef.
The
Laws, are from God; but thofe which are arbitra-
ry, are properly human and pofitive Inftitutions.
Selden on Fortescue, cap. 17. The learned Selden tells
us, that the Laws of any Country began, when there
first began to be a State in the Land: And that we
may confider the World as one univerfal Society,
and then that Law by which Nations are governed,
is called Jus gentium; if we confider the World as
made up of particular Nations, the Law which re-
gulates the publick Order and Right of them, is
termed Fus publicum; and that Law which deter-
mines the private Rights of Men, is called Jus ci-
vile. Ibid. No Law can oblige a People without
their Confent; now this Confent is either Verbis or
Factis, i. e. it is expreffed by Writing, or implied
by Deeds and Actions; and where a Law is ground-
ed on an implied Affent, rebus & factis, it is either
Common Law, or Cuſtom, if it is univerfal, it is
Common Law; and if particular to this or that
Place, then it is Cuftom. 3 Salk. Rep. 112.
Law in this Land hath been variable; the Roman
Lavatozium, A Laundry, or Place to wash in, Laws were in Ufe antiently in Britain, when the
applied to fuch a Place in the Porch or Entrance Romans had feveral Colonies here, each of which
of Cathedral Churches, where the Pricfts and was governed by the Roman Laws: Afterwards we
other officiating Members were obliged to wafh had the Laws called Merchenlage, Weft Saxonlage and
their Hands before they proceeded to Divine Ser-Danelage; all reduced into a Body, and made one by
vice: And in the Statutes of St. Paul's Church in King Edw. Confeff. Magn. Chart. cap. 1. & 14. Camd.
At prefent the Laws of England are di-
London, it was ordained, ut Sacrifta Lavatorium in Britan. 94.
veftibulo per fervientes frequenter mundari faciat. Liber vided into three Parts: 1. The Common Law, which
Statur. Eccl. Paul. London. MS. f. 59. ...
is the most ancient and general Law of the Realm,
Laudare, To advife or perfuade. Leg. Edw. Con- and common to the whole Kingdom; being appro-
fell. cap. 39.
Rex Anglie affignabat ei in terra fua priate thereto, and having no Dependance upon a-
ad Laudem & Confilium Regis Franciæ, &c. Hoveden, ny Foreign Law what foever. 2. Statutes or Acts of
p. 729. Laudare fignifies alſo to arbitrate; and Lau- Parliament, made and paffed by the King and the
Lords and the Commons in Parliament; being a
dator, an Arbitrator. Knight. p. 2526.
Referve for the Government to provide againft new
Mifchiefs arifing through the Corruption of the
Laverbread. In the County of Glamorgan and Times: And by this the Common Law is amended
fome other Parts of Wales, they make a Sort of where defective, for the Suppreffion of publick E-
Food of a Sea-Plant, which feems to be the Oyfter-vils; though where the Common Law and Statute
green, or Sea Liverwort; and this they call Laver-
bread.
*
Laudum, An Arbitrament, or Award. Walfing-
ham, p. 60.
Launcegays, A kind of offenfive Weapons now
difufed, and prohibited by the Stat, 7 R. 2. c. 13.
Laund, or Lawnd, (Landa) An open Field, with-
out Wood. Blount.
Laurels, Pieces of Gold coined in the Year 1619,
with the King's Head laureated, which gave them
the Name of Laurels; the Twenty-Shilling Pieces
whereof were marked with XX. The Ten-Shillings
X. and the Five-Shilling Piece with V. Camd. Annal.
Fac. 1. MS.
Law concur or interfere, the Common Law fhall be
preferred. 3. Particular Customs; but they muſt be
particular, for a general Cuftom is Part of the Com-
mon Law of the Land. Co. Lit. 15, 115. There is
another Divifion of our Laws, more large and par-
ticular; as into the Prerogative or Crown Law; the
Law and Cultom of Parliament; the Common Law;
the Statute Law; Reaſonable Customs; the Law of
Arms, War and Chivalry; Ecclefiaftical or Canon
Laws; Civil Law, in certain Courts and Cafes; Foreft
Law; the Law of Marque and Reprifal, the Law of Mer-
chants; the Law and Privilege of the Stannaries, &c.
Labo, (In Sax. Lag, Lat. Lex, from Lego or Le-But this large Divifion may be reduced to the com-
gendo, chooſing, or rather à Ligando, binding) Is the mon Divifion; and all is founded on the Law of
Rule and Bond of Men's Actions: Or 'tis a Rule for Nature, or Reafon, and the revealed Law of God,
as all other Laws ought to be. 1 Co. Inft. 11.
the well governing of a Civil Society, to give to e-
The
very Man that which doth belong to him. Accord Law of Nature, is that which God at Man's Crea-
ing to Braton, Lex eft Sanctio jufta, jubens Honeftation infufed into him, for his Prefervation and Di-
prohibens Contraria: And the Divine Schoolman fays,
Lex Humana eft quoddam dictamen rationis, quo diriguntur
bumani actus. The Law is Rectum, as it difcovers
that which is crooked or wrong; and theſe three
Qualities are incident to the Law, viz. It must be
Fufta, Fubens Honefta, Prohibens Contraria: And Fufta
Ι
rection; and this is Lex æterna, and may not be
changed: And no Laws fhall be made or kept, that
are exprefly againſt the Law of God, written in his
Scripture; as to forbid what he commandeth, &c.
2 Shep. Abr. 356. As to the Law of Nature, it is
generally the Law of all Places, Perfons and Times,
without
LA
LA
1
without Alteration; and has the fame Force all the
World over: But it is limitable, as Circumſtances re-
quire; and limited Law of Nature, is the Law now
ufed in every State. All Laws derive their Force a
Lege Natura; and thoſe which do not, are account-
ed as no Laws. Fortefcue. No Law will make a
Conftruction to do wrong: And there are fome
Things that the Law favours, and fome it diflikes;
it favoureth thofe Things that come from the Or-
der of Nature. 1 Inft. 183, 197. Alfo our Law hath
much more Respect to Life and Liberty, Freehold,
Inheritance, Matters of Record, and of Subftance;
than to Chattels, Things in the Perfonalty, Matters
not of Record, or Circumftances. Ibid. 137. 4 Rep.
124. The Uſe of the Law is to fecure the Property
of what we enjoy; and the Objects of it concern
Perfons, their Eftates, Crimes and Mifdemeanors,
Courts of Justice, &c. See Common Law.
Lam Hath alfo a Special Signification, wherein it
is taken for that which is lawful with us, and not
elſewhere; as Tenant by the Curtefy of England, is
called Tenant by the Law of England.
Law of Prins, (Lex Armorum) Is that Law which
gives Precepts how to proclaim War, make and ob-
ferve Leagues and Treaties, to affault and encoun-
terian Enemy, and puniſh Offenders in the Camp,
•
lefs, becauſe held at an unlawful Hour; or Quia
dicta fine Lege. The Title of it is in Rhime, and in
the Court-Roll runs thus:
}
ff.
Kingfhill in Curia de Domino Rege,
Rochford Dicta fine Lege,
Tenta eft ibidem
Per ejufdem Confuetudinem,
Ante ortum folis
Luceat nifi polus,
Senefcallus folus,
Nil fcribit nifi colis
Toties voluerit
Gallus ut cantaverit,
Per cujus foli fonitus
Curia eft fummonita
Clamat clam pro rege
In Curia fine Lege,
Et nifi citò venerint
Citiùs pœnituerint,
Et nifi clam accedant
Curia non attendat,
Qui venerit cum lumine
Errat in regimine,
Et dum funt fine luminė,
Capti funt in Crimine,
Curia fine Cura.
Furati de Injuria.
Tenta ibidem die Mercurii (ante Diem) pròximi pòft Fe-
tum Sancti Michaelis Anno regni Regis, &c.
Lawless, Man, (Exlex) Is he that is an Out-law.
Pro exlege tenebitur, cum Principi non obediat nec Legi,
tunc utlagabitur ficut ille qui eft extra Legem, ficut
Laugheleſs Man. Bract. lib. 3. c. II.
c. The Law and Judgment of Arms are neceffary
between two ſtrange Princes of equal Power, who
have no other Method of determining their Con-
troverfies, becauſe they have no fuperior or ordina-
ry Judge, but are fupreme and publick Perfons;
and by the Law of Arms, Kings obtain their Rights,
Rebels are reduced to Obedience, and Peace is efta-
blifhed: But when the Law of Arms and War do
rule, the Civil Laws are of little or no Force. Treat.
Laws 57. It is a Kind of Law among all Nations,&
that in Cafe of a folemn War, the Prince that con-
quers gains a Right of Dominion, as well as Pro-
perty over the Things and Perfons he has fubdu'd;
and 'tis for this Reafon, becaufe both Parties have
appealed to the highest Tribunal that can be, viz.
the Trial by Arms and War; wherein the great
Judge and Sovereign of the World, in a more e-
fpecial Manner, feems to decide the Controverfy.
Hale's Hift. L. 73, 74. Common Things concerning
Arms and War, are under the Cognizance of the
Conftable and Marshal of England. 13 R. 2.
Law-Books. All Books writ in the Law, are
either Hiftorical, as the Year Books; Explanatory, fuch
as Staundford's Treatife of the Prerogative Royal;
Mifcellaneous, as the Abridgments of the Law; or
Monological, being on one certain Subject, fuch as
Lambard's Juftice of Peace, &c. Fulbeck's Parall. cap.
3. And our Books of Reports, have fuch great Weight
with the Judges, that many of them are as highly
valued, as the Refponfa Prudentum among the Ro-
mans, which were Authoritative. Wood's Inft. 10. Au
thors of Law-Books. Vide Common Law.
Law of Marque, (from the Germ. March, i. e.
Limes) Is where they that are driven to it, do take
the Shipping and Goods of that People of whom
they have received Wrong, and cannot get ordina-
ry Juftice in another Territory, when they can take
them within their own Bounds and Precincts. Stat.
27 Ed. 3. c. 17.
Law Merchant, (Lex Mercatoria) Is a ſpecial Law
differing from the Common Law of England, proper
to Merchants, and become a Part of the Laws of
the Realm. And the Charta Mercatoria 31 Ed. 1.
grants this perpetual Privilege to Merchants, coming
into this Kingdom: Quod omnes Balivi, Miniftri Fe-
riarum, Civitatum, Burgorum & Villarum Mercatoria
rum Mercatoribus antedictis comparentibus coram eis cele-
rem Fuftitiam faciant de die in diem fine dilatione; fe-
cundum Legem Mercatoriam, de univerfis & fingulis
que per eandem Legem poterunt terminari. See 13 Ed. 1.
and 27 Ed. 3. c. 8. Co. Litt. 182. See Cufom of Mer²
chants.
Law-Proceedings, Of all Kinds, as Writs, Pro-
ceffes, Pleadings, c. are to be in the English Lan-
guage from the 25th of March 1733, by a late Act
4 Geo. 2. Vide Procefs.
Law-Day, (Lagedayum) Called alfo View of Frank-
pledge, or Court-Leet, was any Day of open Court;
and commonly used for the Courts of a County or
Hundred. Et quieta fint de Sectis Comitatuum & Hun-
dredorum noftrorum, de vifu Franci plegii & Lawday-aftical
orum, &c. Chart. 39 Hen. 3.
Lawing of Dogs, Is the Cutting off feveral
Claws of the Fore-feet of Dogs in the Foreft. Chart.
Foreft. c. 6. See Expeditate.
Lawless Court, Is a Court held on Kingshill, at
Rochford in Effex, on Wednesday Morning next after
Michaelmas Day yearly, at Cock crowing; at which
Court, they whiſper, and have no Candle, nor any
Pen and Ink, but a Coal: And he that owes Suit or
Service there, and appears not, forfeits double his
Rent: This Court is mentioned by Camden, who
fays, that the fervile Attendance was impofed on
the Tenants, for confpiring at the like unfeafonable
Time to raife a Commotion. Camd. Britan. 441. It
belongs to the Honour of Raleigh, and is called Law
Law Spiritual, (Lex Spiritualis) Is the Ecclefi-
Law, allowed by our Laws where it is not
against the Common Law, nor the Statutes and
Cuftoms of the Kingdom: And regularly according
to fuch Ecclefiaftical or Spiritual Laws, the Bifhops
and other Ecclefiaftical Judges proceed in Cauſes
within their Cognifance. Co. Litt. 344. It was alfo
called Law Chrißian; and in Oppofition to it, the
Common Law was often called Lex Terrena, &c.
..
Lawyer, (Legifta, Legifperitus, Furifconfultus) By
the Saxons called Lahman, is a Counsellor, or one
learned in the Law. And Lawyers, fuch as Coun-
fellors, Attornies, &c. are within the A& 3 Jac. 1.
againft Extortion; but it has been held only to ex-
tend to Officers. 2 Keb. 548.
Lay-fee, (Feodum Laicum) Lands held in Fee
of a Lay-Lord, by the common Services to which
5 Z
military
1
:
LE
LE
military Tenure was fubject; as diſtinguiſhed from
the Ecclefiaftical Holding in Frankalmoign, difcharged
from thofe Burdens. Kennet's Gloff
Layman, Is one that is not of the Clergy; and
the Latin Word Laicus fignifies as much as Populus,
that which is common to the People, or belongs to
the Laity Lit. Dict.
Layuall, (Sax.) A Place to lay Dung or Soil in.
Stat. 22 & 23 Car. 2.
Lazzi. The Saxons divided the People of the
Land into three Ranks: The firft they called Ed-
hilingi, which were fuch as are now Nobility: The
Second were termed Frilingi, from Friling fignifying
he that was born a Freeman, or of Parents not fub-
ject to any Servitude, which are the prefent Gentry:
And the Third and Laft were called Lazzi, as born
to Labour, and being of a more fervile State than
our Servants, because they could not depart from
their Service without the Leave of the Lord; but
were fixed to the Land where born, and in the Na-
ture of Slaves: And hence the Word Lazzi, or
Lazy, fignifies thoſe of a ſervile Condition. Nithar-
dus de Saxonibus, lib. 4.
Lea of Parn, A Quantity of Yarn, fo, called;
and at Kidderminſter it is to contain 200 Threads on
a Reel four Yards about. 22 23 Car. 2.
League, Is an Agreement between Princes, &
Allo a Measure of Way by Sea, or an Extent of
Land containing three Miles in moft Countries
abroad. Breakers of Leagues and Truces, and how
puniſhed for Offences done upon the Seas. See Stat.
2 H. 5. and 4 H. 5. c. 7.
Leche, or Leak, (From Sax Leccian, to let our
Water) In the Bishoprick of Durham is uſed for a
Gut er; fo in Torkfoire any Slough or watry Hole
upon the Road, is called by this Name: And hence
the Water-Tub to put Afhes in to make a Lee for
Waſhing of Cloaths, is in fome Parts of England
termed a Leche. Cowel.
C
have no greater Effect than as Eftates at Will; un-
lofs it be of Leafes not exceeding three Years from
the Making, wherein the Rent referved ſhall be
Two Thirds of the Value of the Thing demiſed.
Stat. 29 Car. 2. cap. 3. Leafes exceeding three Years
must be made in Writing, and if the Subftance of
a Leafe be put in Writing, and figned by the Par-
ties, though it be not fealed, it fhall have the Effect
of a Leafe for Years, &c. Wood's Inft. 266. Articles
with Covenants to let and make a Leafe of Lands,
for a certain Term, at fo much Rent, hath been
adjudged a Leafe. Cro. Eliz 486. In a Covenant with
the Words Have, Poffefs and Occupy Lands, in Confi
deration of an yearly Rent, without the Word De-
mife; and it was held a good Leafe: And a Licence
to occupy, take the Profits, &c. which paffeth an
Intereft amounts to a Leafe. 3 Bulft. 204. 3 Salk. 223.
If I fay, you fhall have a Leaſe of my Lands in D.
for Years, paying 20 s. a Year Rent, make fuch
Leafe, and I will feal it; it is a good Leafe Parol.
Moor, cap. 31. An Agreement of the Parties, that
the Leffee fhall enjoy the Lands, will make a Leafe:
But if the Agreement hath a Reference to the
Leafe to be made, and implies an Intent not to be
perfected till then; it is not a perfe& Leafe until
made afterwards. Bridg. 13. 2 Shep. Abr. 374. If a
Man on Promiſe of a Leafe to be made to him, lays
out Money on the Premiffes, he fhall oblige the
Leffor afterwards to make the Leafe; the Agree
ment being executed on the Leffec's Part: Where
no fuch Expence hath been, a bare Promise of the
Leafe for a Term of Years, tho' the Leffee have
Poffeffion, fhall not be good without fome Writing.
Preced. Can. 561. A Perſon ſeiſed of an Estate in Fee-
fimple, in his own Right, of any Lands or Tenements,
may make a Leafe of it for what Lives or Years he
will; and he that is feifed of an Eſtate-tail in Lands,
may make a Leafe of it for his own Life, but not lon-
ger; except it be by Fine or Recovery, or Leaſe
warranted by the Stat. 32 H. S. And if Tenant in
Tail, or for Life, make a Leafe generally, it fhàll
be conftrued for his own Life. 1 Inft. 42. He that
is feifed of an Eſtate for Life, may make a Leaſe for
his Life, according as he is feifed; alfo he may
make a Leafe for Years of the Eftate, and it shall be
good as long as the Eftate for Life doth laſt: Onc
poffeffed of Lands for Years, may make a Leafe of
all the Years, except one Day, or any fhort Part of
Leafe, (From Locatio letting, or rather Dimiffio, of the Term; it is to be granted for a lefs Term than
from the Fr. Laiffer, i. e. Dimittere, to depart with) the Maker hath in the Lands; for if all the Eſtate
Is a Demife or Letting of Lands, Tenements or He- is granted, it is an Affignment: And if Leffec for
reditaments to another, for Term of Life, Years, or Years makes a Leafe for Life, the Leffee may enjoy
at Will, for a Rent referved. Co. Litt. 43. Leafes it for the Leffor's Life, if the Term of Years lafts fo
are either in Writing, or by Word of Mouth, when long; but if he gives Livery and Seifin upon it, this
they are called Leafes Parol; and it is faid not to be is a Forfeiture of the Estate for Years. Wood's Inft.
material whether any Rent is referved upon a 267. Jointenants, Tenants in Common, and Copar-
Leafe for Life, or Years, except in the Cafe of ceners, may make Leafes for Life, Years, or at Will,
Leafes by Tenant in Tail, &c. according to the Sta- of their own Parts, and fhall bind their Compani
tute 32 H. 8. A Leafe for Life requires Livery of ons; And in fome Cafes, Perfons as are not feifed
Seifin; and generally to the Making of a good of Lands in Fee, &c. may make Leafes for Life or
Leafe, feveral Things neceffarily concur; there Years, by fpecial Power enabling them to do it,
must be a Leffor, not reftrained to make a Leafe; when the Authority must be exactly purſued. Ibid.
a Leffee not difabled to receive it; a Thing de-But there is a Difference, where there is a general
miſed which is demifable, and a fufficient Defcrip- Power to make Leafes, and a particular Power. 8 Rep.
tion of the Thing demifed, &c. If it be for Years, 69. A Leafe for Life cannot be made to commence
it muſt have a certain Commencement and Determi-in futuro, by the Common Law; becaufe Livery
nation, it is to have all the ufual Ceremonies, as cannot be made to a future Eftate: Tho' where a
Sealing, Delivery, &c. and there must be an Ac- Leafe is made for Life, Habendum at a Day to come,
ceptance of the Thing demifed. Litt. 56. 1 Inf. 46. and after the Day, the Leffor makes Livery, there
Plowd. 273, 523. A Demife having no certain Com-it fhall be good; and a Leafe in Reverſion may be
mencement is void: For every Contract fufficient made for Life, which commences at a Day that
to make a Leaſe, ought to have Certainty in Com- is future. 5 Rep. 94. Hob. 314. 1 Inft. 5. A Leafe
mencement, in the Continuance, and in the End. for Years may begin from a Day paſt, or to
Vaugh. 85. 6 Rep. 35. A Leafe at Will is at the come, as Michaelmas laft, Christmas next, three
Will of the Leffor or Leffee; or regularly at the or four Years after, or after the Death of the
Will of both Parties. Inft. 55. All Eftates, Inte- Leffor, &c. Though a Term cannot commence
reſts of Freehold, or Terms for Years in Lands, &c. upon a Contingency, which depends on another
not put in Writing, and figned by the Parties, fhall Contingency. 1 Inft. 5. Rep. 156.
Leakage, Is an Allowance of Twelve per Cent. to
Merchants importing Wine, out of the Cuftoms;
and of two Barrels in Twenty-two of Ale to
Brewers, &c. out of the Duty of Excife. Merch.
Dict.
•
Leap, A Net, Engine or Wheel, made of Twigs,
to caten Fish in. 45 W. M. c. 23. See Lepa.
Leap-Pear, Every fourth Year, having one Day
more than other Years. Vide Biffextile.
If one
2
mak,
LE
LE
1
make a Leafe for Years; after the Death of
A. B. if he die within ten Years; this is a good
Leafe, in Cafe he dies within that Time, otherwife
not. Plowd. 70. And where a Man has a Leafe of
Lands for eighty Years, and he grants it to another
to hold for thirty Years, to begin after his Death;
it will be good for the whole thirty Years, provided
there be fo many of the eighty to come at the Time
of the Death of the Leffor. Bro. Grant, 54. 1 Rep.
155. A Leafe made from the Leffor's Death, un-
til Anno Domini 1760 is good: And if a Leafe be
during the Minority of 7. S. or until he fhall come
to the Age of Twenty-one Years; theſe are good
Leafes; and if he die before his full Age, the Leafe
is ended. Hob. 174. A Perfon grants a Rent of 201.
a Year, till an hundred Pounds be paid, 'tis a Leafe
of the Rent for five Years. Co. Litt. 42. If a Man
makes a Leaſe of Land to another, until he fhall
levy out of the Profits one hundred Pounds, or he
is paid that Sum, &c. This will be a Leafe for
Life, determinable on the Payment of the hundred
Pounds, if Livery and Seifin be made: But if there
is no Livery, it will not be good for Years, but
void för Incertainty. 21 Affif. 18. Plowd. 27. 6 Rep.
35. A Leafe for Years to fuch Perfon as A. B. fhall
name, is not good: Though it may be for fo many
Years, as he shall name; not as fhall be named by
his Executors, &c. for it must be in the Life-time of
the Parties. Hob. 173. Moor, ca. 911. And if a Man
makes a Leaſe to another for fo many Years as
a third Perſon ſhall name, when the Years are
named by fuch Perfon, it is good for fo many
Years. 1 Inft. 45. So if a Perfon lets his Lands
for as many Years as he hath in the Manor of D.
and he hath then a Term for ten Years, this is a
good Leafe for ten Years; and in the like Cafes, by
referring to a Certainty, it may be made good and
certain. Ibid. A Leafe may be made for Life or
Years, of any Thing that lies in Livery or Grant;
but Leaſes for Years ought to be made of fuch
Lands, &c. whereunto the Leffor may come to di-
ftrain; not of Incorporeal Inheritances. 1 Inft. 47.
And they may be for the Term of one thousand
Years, or any Number of Years, Months or Wecks;
or be from Week to Week, &c. for one, two or
three Years, and be good for thofe Years: And a
Tenant for Half a Year, or a Quarter of a Year, is
Tenant for Years. 1 Inft. 6. If one makes a Leafe
for a Year, and fo from Year to Year, it is a Leafe
for two Years; and afterwards it is but an Eſtate at
Will.
1 Mod. 4. I Lutw. 213. And if from three
Years to three Years, it is a good Leafe for fix Years:
Alfo if a Man make a Leafe for Years, without fay-
ing for how many, it may be good for two Years,
to answer the plural Number. Wood's Inft. 265. A
Leffee hath a Term for a Year by Parol, and fo
from Year to Year, fo long as both Parties pleafe;
if the Leffee enters on a fecond Year, he is bound
for that Year, and fo on: And if there is a Leafe by
Deed for a Year, and fo from Year to Year as long
as both Parties agree, this is binding but for one
Year; though if the Leffee enters upon the fecond
Year, he is for that Year bound: If 'tis for a Year,
and fo from Year to Year, fo long as both Parties
agree till fix Years expire; this is a Leafe for fix
Years, but determinable every Year at the Will of
either Party: But if it is for a Year, and fo from
Year to Year till fix Years determine, this is a cer-
tain Leaſe for fix Years; adjudged by Holt Chief
Justice. Mod. Ca. 215. If 4. make a Leafe of Land
A. |
to B. for ten Years; and it is agreed between them,
that he ſhall pay fifty Pounds at the End of the
faid Term, and if he do fo, and pay fifty Pounds
at the End of every ten Years; then the faid B.
fhall have a perpetual Demife and Grant of the
Lands, from ten Years to ten Years continually fol-
lowing, extra memoriam hominum, &c. Tho' this be
a good Leafe for the firft ten Years; as for all the
reft it is incertain and void: By Covenant, a further
Leafe may be made for the like Term of Years,
Plowd. 192. 2 Shep. Abr. 376. A Parſon makes a
Leafe of his Glebe for fo many Years as he fhall
be Parfon, this cannot be made certain; but if he
makes a Leafe for three Years, and fo from three
Years to three Years, fo long as he fhall be Parfon,
it is a good Leafe for fix Years, if he continue Par
fon fo long. 6 Rep. 35. 3 Cro. 511. And if one make
a Leafe for twenty-one Years, if the Leffee fhall fo
long live; this is a good Leafe for Years, and a Cer-
tainty in an Uncertainty. 1 Inft. 46. A Leafe made
to a Man for feven Years, if D. hall live fo long,
who is dead when the Leafe is made; by this the
Leffee hath an abfolute Leafe for ſeven Years. 9 Rep.
63. Leafe for Life is granted, and fays that if the
Leffee within one Year do not pay 20 s. then he
fhall have but a Leafe for two Years; here if he
pays not the Money, he fhall have only the two Years,
altho' Livery of Seifin be had thereon. I Inft. 218
If a Leafe be made to A. B. during his own Life, and
the Lives of C. and D. it is one entire Eſtate of
Freehold, and fhall continue during the three Lives,
and the Life of the Survivor of them; and though
the Leffee can have it no longer than his own Life,
yet his Affignee fhall have the Benefit of it fo long
as the other two are living. 5 Rep. 13. Moor 32.
Where one grants Land by Leafe to 4. B. and C. D.
to hold to them during their Lives, although the
Words and the longest Liver of them be omitted, they
fhall hold it during the Life of the longeſt Liver.
5 Rep. 9. A Leafe is made to a Perfon for fixty
Years, if A. B. and C. D. fo long live; and afterwards
4. B. dies, by his Death the Leafe is determined.
Though if the Leafe be made to one for the Lives
of A. B. and C. D. the Freehold doth not deter-
mine by the Death of one of them; and if in the
other Cafe of a Term, the Words or either of them
be inferted in the Leafe, it will be good for both
their Lives. 13 Rep. 66. A Leafe was made to a
Man, for ninety-nine Years, if he fhould fo long.
live; and if he died within the Term, the Son to
have it for the Refidue of the Term: This was
adjudged void as to the Son, becauſe there can be
no Limitation of the Refidue of a Term which is
determined. Cro. Eliz. 216. But if the Words of
the Leafe be, To hold during the Refidue of the
ninety-nine Years, and not during the rest of the
Term, in this Cafe it may be good to the Son alfo.
1 Rep. 153. Dyer 253. A Leafe was made for
Twenty-one Years, if the Leffee lived fo long, and
in the Service of the Leffor; the Leffor died within
the Term, and yet it was held that the Leafe con-
tinued, for it was by the A&t of God that the Leffee
could ferve no longer. Cro. Eliz. 643. If a Leafe
be to a Man, and to her whom he fhall take to be
his Wife, it is void: Becaufe there ought to be
fuch Perfons at the Time of the Commencement
of the Leafe which might take. 4 Leon. 158. When
a Leafe in Reverfion is granted as fuch after an-
other Leafe, and that Leaſe is void by Rafure, &c.
the reverfionary Leafe, expectant upon the Leafe for
Years that is void, is void alſo. Cro. Car. 289. But
where a Man recites a Leafe, when in Truth there
is no Leafe; or a Leafe which is void, and mifre-
cites the fame in a Point material, and grants a fur-
ther Leafe to commence after the Determination
thereof; in fuch Cafe the new Leafe fhall begin
from the Time of Delivery. Dyer 93. 6 Rep. 36.
Vaugh. 73, 80, &c. A Leafe that has an impoffible
Date for its Commencement, is faid to be void;
and an uncertain Limitation makes the Leafe void,
becauſe it being Part of the Agreement, the Court
cannot determine what the Contract was.
I Mod.
180. Though it hath been adjudged, where a Lenje
bears a Date which is impoffible, the Term fhall
begin from the Delivery, as if there was no Date.
1 Inft. 40. If a Lease be to hold from the Day of
the
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21
c.
the Date, the Day itself is excluded; otherwife | to a Tenant; this only extends to the open Mines,
the Day of Delivery is inclufive. 5 Rep. 2. A Man and the Leffee fhall not have any others, if there
makes a Leafe for Years to one, and afterwards are fuch: And if Land and Timber are demifed,
makes a Leafe for Years to another of the fame the Leffee is not empowered to fell it. 2 Lev. 184.
Land; the fecond Leafe is not void; but fhall be 2 Mod. 193. A Man makes a Leafe of Lands for
good for fo many Years thereof, as fhall come af Life, or Years, the Leffee hath but a fpecial In-
ter the first Leaſe ended. Noy's Max. 67. And if one tereft in the Timber-Trees, as annexed to the
make a Leafe for Years, and afterwards the Leffor Land, to have the Maft and Shadow for his Cattle;
enters upon the Lands let, before the Term is ex- and when they are fevered from the Lands, or
pired, and makes a Leafe of thefe Lands to another; blown down with Wind, the Leffor fhall have them
this fecond Leafe is a good Leafe until the Leffee as Parcel of his Inheritance. 4 Rep. 62. 11 Rep. 81.
doth re-enter, and then the firft Leafe is revived, If an Houfe falls down by Tempeft, &c. the Leffee
and he is in thereby. 2 Lill. Abr. 152. It hath been hath an Intereft to take the Timber to re-edify it
held, that a Leafe may be void as to one, and for his Habitation. 4 Rep. 63. And every Leffee for
ftand good to another: And Leafes voidable, or Years, &c. may take of Timber neceffary Plough-
void for the Prefent, may after become good again. bote, Houfe-bote, Fire bote, &c. without doing
1 Inft. 46. 3 Rep. 51. If a Leafe be made to two, Wafte. 1 Inft. 41. And Tenants fuffering Houſes to
to hold to them and two others, it is voidable be uncovered, or in Decay; taking away Wainscot,
as to the two other Perfons; and when the two &c. fixed to the Freehold, unless put up by the
firft die, the Leafe is at an End. 2 Leon. I. A Leafe Leffee, and taken down before the Term is expi-
which is only voidable, and not abfolutely void, red; cutting down Timber-Trees to fell; permitting
must be made void by the Leffor by Re-entry; young Trees to be deftroyed by Cattle, c. Plough-
but if a Leaſe be void abfolutely, there needs no ing up Ground that Time out of Mind hath not
Re-entry: And as a voidable Leafe is made void been Ploughed; not keeping Banks in Repair,
by Re-entry, and putting out the Leffee; fo it is are Wafte. 1 Inft. 52. Dyer 37. 1 Salk. 368. Leffees
affirmed by accepting and receiving the Rent, are bound to repair their Tenements, except it be
which acknowledges the Leffee to be Tenant. mentioned in the Leafe to the contrary. Noy's Max.
Car. B. R. 2 Lill. 149. If a Leffor accepts of Rent Tho' a Leffee for Years is not obliged to repair the
of an Affignee of a Leafe, having Knowledge of the Houfe let to him which is burnt by Accident; if
Affignment, he may not afterwards charge the there be not a fpecial Covenant in the Leafe,
Leffee with the Rent in Action of Debt. 3 Rep. 23. that he fhall leave the Houfe in good Repair at
And where a Leffee for Years accepts of a lefs the End of the Term: Yet if the Houfe be burnt
Term from the Leffor, even by Word, it is faid by Negligence, the Leffee fhall repair it, although
this is a Surrender of the Term which he had by there be no fuch Covenant. Pafch 24 Car. B. R. A
Deed. Style 448. When a Term for Years in Leafe, Leffee at Will is not bound to fuftain or repair, as
and a Fee-fimple, meet in one Perfon, the Leafe is Tenant for Term of Years is: If the Houfe of fuch a
drowned in the Inheritance; yet in fome Cafes it Tenant is burnt down by Negligence, A&tion lies not
may have Continuance, to make good Charges and against the Tenant; but Action lies for voluntary
Payments, &c. Poph. 39. 2 Nelf. Abr. 1100. If a Wafte, in pulling down Houfes, or cutting Wood, &c.
Leafe for Years is made to a Man and his Heirs, it 5 Rep. 13. By Stat. 6 10 Ann. c. 14. no Action
fhall go to his Executors. 1 Inft. 46, 388. And a fhall be brought against any Perfon in whofe Houſe
Leafe for Years, notwithstanding it be a very long any Fire fhall accidentally begin, or any Recom-
Leafe, cannot be intailed; but may be affigned in pence be made by fuch Perfon for Damage; fo as
Truft, to ſeveral Ufes. 2 Lill. Abr. 150. If fuch a not to extend to, or make void any Agreement be-
Leafe comes to be limited in Tail, the Law allows tween Landlord and Tenant; and negligent Firing:
not a prefent Remainder to be limited thereupon. of Houfes is liable to Penalties. A Leffor who hath
Ibid. Leffee for Years, though for never fo great a Fee, cannot referve Rent to any other but him-
Term, has only a Chattel; but Tenant for Life felf, his Heirs, &c. And if he referves a Rent to his
hath a Freehold. 1 Inft. 6. A Leafe is fealed by the Executors, the Rent fhall be to the Heir, as Inci-
Leffor, and the Leffee hath not fealed the Coun- dent to the Reverfion of the Land. 1 Inft. 47. The
terpart, Action of Covenant may be brought upon Leffor may take a Diftrefs on the Tenements letten
the Leafe against the Leffor: But where the Leafe for the Rent; or may have Action of Debt for the
is fealed by the Leffee, and not the Leffor, nothing Arrears, &c. Alfo Land leafed fhall be fubject to
operates. Telv. 18. Owen 100. If the Leffor only thofe lawful Remedies which the Leffor provides
feal one Part of the Leafe, the Leffee is as much for the Recovery of his Rent, Poffeffion, &c. into
bound by it as if he did feal it. Finch 109. A Man whofe Hands foever the Land comes. Cro. Fac. 300.
out of Poffeffion, cannot make a Leafe of Lands, And as to the Leffee, if Leffee for Years lofes his
without entring and fealing the Leafe upon the Leafe, if it can be proved that there was fuch a Term
Land. Dalif. 81. The Leffee is to enter on the let to him by Leafe, and that it is not determined,
Premiffes let; and fuch Leffee for Years is not in he fhall not lofe his Terin; fo it is of any other
Poffeffion, fo as to bring Trefpass, &c. until actual Eftate in Lands, if the Deed that created it be loft,
Entry; but he may grant over his Term before for the Eftate in the Land is derived from the Par-
Entry. 1 Inft. 46. 2 Lill. 160. A Leffee of a future ty that made it, and not from the Deed otherwiſe
Intereft never enters by Virtue of his Term, but than inftrumentally and declarative of the Mind
enters before, and continues after the Commence- and Intent of the Party, &c. 2 Lill. Abr. 152. If a
ment of the Term; and if then the Leffor outs Perfon be in Poffeffion of the Lands of another,
him, the Leffee may affign over his Term off from and hath ufually paid Rent for them; the Proof
the Land. 1 Lev. 47. But a Leafe to begin at Mi of a Quarter or Half Year's Rent paid, will be
chaelmas, if the Leffee enters before Michaelmas, and good Evidence of a Leafe at Will, though it cannot
continues the Poffeffion immediately, it is a Dif be exprefly proved that the Lands were demiſed at
feifin. Ibid. 46. If a Leafe be made of a Clofe of Will to him in Poffeffion; it fhall be prefumed the
Land, by a certain Name, in the Parish of A. in Rent was received by the Owner of the Land upon
the County of B. whereas the Clofe is in an- fome private Contract. Ibid. 151. Lands are leafed
other County, the faid Parish extending into both at Will, the Leffee cannot determine his Will be-
Counties; fuch a Leafe is good to pafs fuch Land: fore or after the Day of Payment of the Rent,
Though where a Houfe is leafed without a Name, but it must be done on that very Day; and the Law
and the Parish is mistaken; it hath been held o- will not allow the Leffee to do it to the Prejudice
therwife. Dyer 292, 276. Land and Mines are leafed of the Leffor, as to the Rent; nor that the Leffor
fhall
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fhall determine his Will to the Prejudice of the Wife, because they have no Inheritance. Dyer 271
Leffee, after the Land is fowed with Corn, c. The Statute impowers a Husband to make Leafes
Sid. 339. Lev. 109. For where Leffee at Will fows of Land in Tail, held in his Wife's Right, fo as in
the Land, if he does not himself determine the fuch Leafes the Conditions aforementioned are ob-
Will, he shall have the Corn: And where Tenant ferved, and the Wife be made a Party to and feal
for Life fows the Corn, and dies, his Executors the Leafes; and the Rent is to be referved to the
fhall have it; but it is not fo of Tenant for Years, Husband and Wife, and her Heirs, &c. If a Leafe
where the Term ends before the Corn is ripe, &c. of the Wife's Land is not warranted by the Statute,
5 Rep. 116. The Leffor and Leffee, where the E- it is a good Leafe against the Husband, though not
ftare is at Will, may determine the Will when they against the Wife: The Husband and Wife cannot
pleafe; but if the Leffor doth it within a Quarter, bind him in Reverfion or Remainder. I Inft, 362.
he fhall lofe that Quarter's Rent; and if the Leffec Bishops, Spiritual Perfons, &c. feifed in Fee in. Right
doth it, he must pay a Quarter's Rent. 2 Salk 413. By of their Churches, may make Leafes of their Spiri-
Words fpoken on the Ground by the Leffor, in the tual Livings for three Lives, or one and twenty
Abfence of the Leffee, the Will is not determined; Years, having all the Qualities required by the
but the Leffee is to have Notice. 1 Inft. 55. If a Statute, in cafe of Leafes made by Tenants in Tail.
Man makes a Leafe at Will, and dies, the Will is 32 H. 8. And Leafes otherwife made are to be void;
determined; and if the Tenant continues in Poffef- but not against the Bishops, c. making them, only
fion, he is Tenant at Sufferance. Ibid. 57. But against their Succeffors. 3 Rep. 59. A Bishop, &c.
where a Leffor makes an Eſtate at Will to two or may make Leafes of Lands for twenty-one Years, or
three Perfons, and one of them dies; it has been three Lives, according to the Statute, without Con-
adjudged this doth not determine the Eftate at Will. firmation of Dean and Chapter; and at Common
5 Rep. 10. Tenant at Will grants over his Eftate to Law might make them for any longer Time, with-
another, it determines his Will. 1 Inft. 57. No out Limitation, with Confirmation of Dean and
Tenant fhall take Leafes of above two Farms, in a- Chapter; but this is restrained by the Statutes 1
ny Town, Village, &c. nor hold two, unless he Eliz. c. 19. and 13 Eliz. c. 19. Such Confirmation
dwell in the Parish, under Penalties and Forfei-will now make good concurrent Leafes for twenty-
tures, by Stat. 25 H. 8. c. 13. See 21 H. 8. cap. 13. one Years, &c. upon Leafes for Years; though
There is a late Statute for the more effectual pre-a Bifhop cannot make a concurrent Leafe for
venting Frauds committed by Tenants; and for the Life or Lives. Wood's Inft. 273. If a Bifhop have
more cafy Recovery of Rents, and Renewal of two Chapters, as there may be two or more to one
Leafes; by which Chief Leafes of Lands may be re- Bishoprick; both Chapters must comfirm Lefes
newed on Surrender, without the furrendring of the made by the Bishop. 1 Inft. 131. A Leafe by a Bi-
Under Leafes, &c. 4 Geo. 2. c. 28. And how Leafes fhop made to begin prefently for twenty-one Years,
of Lands, c. left uncultivated, may become void, when there is an old Leafe in Being, is good, not-
for Non-payment of Rent, on View of two Juftices withstanding the Statute of 1 Eliz. Moor, ca. 241.
of Peace, &c. by the late A& 11 Geo. 2. cap. 19. But if fuch Leafe is to commence at a Day to come,
See the Purport of thefe Statutes, under Rent. it will be void. I Leon. 44. Leafe for three Lives of
Leafes by Statute. There are three Kinds of a Bishop of Tithes, is void against the Succeffor ;
Perfons, who may make Leafes for Life or Years by altho' the ufual Rent be duly referved. Moor, ca.
Statute, that could not do fo heretofore, viz. Te-1078. 2 Cro. 173. Leafes of a Dean and Chapter are
nants in Tail, Husband and Wife of the Wife's good, without Confirmation of the Bishop. Dyer
Land, and Perfons feiſed of Land in Right of the 273. 2 Nelf. Abr. 1096. Where there is a Chapter,
Church. By the Star. 32 H. S. c. 18. Tenants in and no Dean, they may make Grants, &c. and are
Tail are enabled to make Leafes on the following within the Statute. Mod. 204. And a Prebendary
Conditions, i. e. They are to be made by Deed in-is feifed in Right of the Church within the Equity
dented; to begin from the Time of Making, or ſome of the Statute 32 H. S. 4 Leon. 51. A Prebendary's
fhort Time after, as Michaelmas next, &c. If there Leafe confirmed by the Archbishop, who is his
be an old Leafe in Being, it must be abfolutely Patron, is good without Confirmation of Dean and
furrendered, or expire within a Year after the Chapter. 3 Bulftr. 290. But where a Prebendary
making of the New; they must not exceed three made a Leafe for Years of Part of his Prebend, and
Lives or twenty-one Years, from the making, or this was confirmed by Dean and Chapter; becauſe
be for both, but may be for lefs Terms; they are it was not confirmed likewife by the Bishop, who
to be of Lands manurable or corporeal, out of was Patron and Ordinary of the Prebend,
which a Rent may be legally iffuing; and of fuch Leafe was adjudged void. Dyer 60. If a Prebendary.
Lands or Tenements which have been moft com- hath Rectories in two feveral Diocefes belonging
monly let to Farm by the Space of twenty Years; to his Prebend, and his Leafe of them is con-
the accustomed yearly Rent, paid within twenty firmed by the Bishop, Dean and Chapter of the
Years is to be referved; and they are not to be Dioceſe of which he is Prebendary, it is good, tho'
made without Impeachment of Wafte, &c. It has not confirmed by the other. Sid. 75. A Chancellor
been held on this Statute, that where a new Thing of a Cathedral Church may make a Leafe, and 'cis
is demiſed with Lands accuftomably let, tho' there faid it will be good against the Succeffor, tho' not
be great Increaſe of Rent, the Leafe is void: But confirmed, &c. Ibid. 158. If a Parfon or Vicar
more Rent than the accustomed Rent, may be re- makes a Leafe for Life or Years, of Lands ufually
ferved. 5 Rep. 5. 6 Rep. 37. And the Leafes accor-letten, referving the customary Rent, &c. it muft
ding to the S ature bind the Iffues in Tail; but be confirmed by Patron and Ordinary, for they
not thofe in Reverſion or Remainder: For if Te-are out of the Statute 32 H. 8. And if the Parfon
nant in Tail makes a Leafe warranted by the Sta- and Ordinary make a Leafe for Years of the Glebe
tute, and dies without Iffue, the Leafe as to him in to the Patron; and afterwards the Patron affigns
Reverſion or Remainder is void; though by a com- this Leafe to another, fuch Affignment is good, and
mon Recovery, Leafes may be made to bind him is a Confirmation of that Leafe to the Affignee. 5
in Remainder, c. Wood's Inft. 267. A Guardian | Rep. 15. Antient Covenants in former Leafes may
during the Minority of an Infant Tenant in Tail, be good to bind the Succeffor, fo as to difcharge
who was but one Year old, made a Leafe for twen- the Leffee from Payment of Penfions, Tenths, &c.
ty Years; and it was adjudged not good by the but of any new Matter they fhall not. Vent. 223.
Stat. 32 H. 8. to bind the Iffue in Tail; and it is By the Stat. 13 Eliz. c. 20. the Leafe of a Parſon is
the fame in the Cafe of Tenant in Dower, Tenant by not good for any longer Time than the Parſon's
the Curtefy, or Husband feifed in Right of his Rcfidence upon his Living, without Abfence four-
6 A
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Score Days in any Year; and an Incumbent offend
ing contrary to this Act, fall lofe a Year's Proft
of the Benefice, &c. 4 Rep. 403. A Leafe for
Years of a fpiritual Perfon, will be void by his
Death, if it is not according to the Statutes; and
a Leafe for Life is voidable by Entry, of
the Succeffor: And fo in like Cafes, Leafes not
warranted by Statute, are void or voidable on the
Deaths of the Makers: Acceptance of Rent on a
void Leafe fhall not bind the Succeffor. 2 Cro. 173.
On College Lenſes, a third Part of the Rent is to
be referved in Corn, &c. 18 Eliz. c. 6. By 14 Eliz. to be hereby dem fed unto the faid C. D. his Executors,
11. it is ordained, that the 13 Eliz. c. 10. fhall
not extend to Leafes of the Mafters and Fellows of
Colleges, &c. of Houfes in Corporation Towns,
which may be made for forty Years, &c. But the
18 Eliz.c. 11. makes void Leafes of Mafters and Fel
lows of Colleges, Deans and Chapters, Mafters of
Hofpitals, c. where another Leafe for Years is in
Being, and not to be expired or furrendered within
three Years; and Leafes of fuch Perfons are to be
made for twenty one Years or three Lives, referving
the accustomed Rents, &c. Bishops are out of this
Statute. If a Bishop he nor Bifhop de Fure, Leafes
made by him to charge the Bishoprick, are void;
though all judicial Acts by him are good, 2Cro. 353
And where a Bishop makes a Leafe, which may tend
to the Diminution of the Revenues of the Bifhor-
rick, &c, which fhould maintain the Succeffor;
there the Deprivation or Tranflation of the Bi-
fhop, is all one with his Death. Inft. 329. Alfo all
Afarances and Demifes of Bifhops Lands to the
King, fhall be void. Fac. I. c. 3. Perfons for whofe
Lives Eftates are held by Leafe, . remaining be-
yond Sea, or being abfent feven Years; if no Proof
be made of their being alive, fhall be accounted
dead. 19 Car. 2. c. 6.
}
and to Farm letten, and by these Prefents doth demife,
grant, and to Farm let unto the faid C. D. All that
Meſſuage or Tenement, fituate, &c. and known by the
Sign of, &c. with all and fingular Cellars, Sollars, Cham-
bers, Rooms, Lights, Ways, Waters, Eaſements, Profits,
Commodities and Appurtenances, to the faid Muage or
Tenement belonging or appertaining; together with the
Ufe of the Goods in the Schedule bereto annexed mentioned;
To have and to hold the faid Meffuage or Tenement,
and all and fingular the Premiffes, with their and every
of their A purtenances herein before mentioned, or intended
Administrators and Affigns, from the Feaf of, &c. for and
during and unto the full End and Term of fourteen Years,
from thence next enfuing, and fully to be compleat and
ended: Yielding and paying therefore yearly and every
Year, during the faid Term, unto the faid A. B. bis Exe-
cutors, Adminiftrators or Affigns, the Rent or Sum of
twenty. Pounds of lawful Money of Great Britain, on
the four moft ufual Feafts or Terms in the Year, (that is
to fay) the Feast of St. Michael the Arhangel, the
Birth of our Lord Chrift, the Annunciation of the Blef-
fed Virgin Mary, and the Nativity of St. John the Bap
tilt, by even and equal Portions. And if it fall happen
the faid yearly Rent of twenty Pounds, or any Part there-
of, fball be behind and unpaid by the Space of eight and
tiventy Days next after any of the faid Feast Days, on
chich the fame ought to be paid as aforefaid, (being law.
fully demanded) that then and at all Times then after, it
hall and may be lawful to and for the faid A. B. his
Executors, Adminiftrators and Afigns, into the faid de-
mifed Meffuage or Tenement and Premiffes, or into any
Part thereof, in the Name of the Whole, to re-enter, and
the fame to have again, repoffefs and enjoy, as in his and
their former Eftate, and the faid C. D. bis Executors,
Administrators and Aſſigns, thereout and from then.e to
expel and put out; any Thing herein contained to the con
trary thereof in any wife notwithstanding. And the faid
C. D. for himself, his Executors, Adminißrators and Af-
figns, doth covenant and grant to and with the faid A. B.
his Executors, Adminiftrators and affigns, by thefe Pre
fents, that he the faid C. D. bis Executors, Adminiftra-
tors or Affigns, fall and will, during the faid Term
hereby demifed, well and truly pay, or caufe to be paid
unto the faid A. B. his Executors, Adminiftrators or Af-
figns, the faid yearly Rent or Sum of twenty Pounds, on
the Days and Times, and in Manner and Form above-
mentioned, for Payment of the fame, according to the
Refervation thereof as aforefaid, and the true Intent and
Meaning of thefe Prefents. And alfo, that he the faid
C. D. his Executors, Adminiſtrators and Afſigns, or fome
or one of them, shall and will, at his or their own proper
Cofts and Charge, well and fufficiently repair, uphold, Sup-
port, maintain and keep the faid Meffuage, or Tenement
and Premises, with the Glafs Windows, Pavements, Pri-
vies, Sinks, Gutters, and Wydraughts belonging to the fame,
in, by, and with all and all Manner of needful and ne-
ceffary Reparations and Amendments whatſoever, when
and as often as Need or Occafion shall be or require du-
ring the Term, (the Cafualty of Fire, which may burn
down or deftroy the faid Meffuage or Tenement and Pre-
miffes, or any Part thereof, only excepted;) And the faid
Meffuage or Tenement and Premiffes, being fo well and
fufficiently repaired, upheld, fupported, maintained, and
kept at the End of the faid Term, or other fooner Deter-
mination of this prefent Demife, unto the faid A. B. his
Executors, Adminiftrators and Affigns, fhall and will
peaceably and quietly leave and yield up (except as is be-
fore excepted) and fall and will then also leave unto the
Said A. B. his Exe utors, &c. all fu h Goods as are men-
tioned in the faid Schedule hereto annexed, in as good Con-
HIS Indenture made the Day, &c. Between d.tion as they are now in, reaſonable Ufage of them, &c,
A. B of, &c. of the one Part, and C. D. of, &c. | excepted. And further, That it jhall and may be law-
of the other Part, Wineffeth, That for and in Confi-ful to and for the faid A. B. his Executors, Adminiftra-
deration of the Rent and Covenants herein after referved tors or Affigns, or any of them, with Workmen or others,
and contained, on the Part and Behalf of the faid C. D.
his Executors and Adminiftrators, to be paid, kept and
performed, he the faid A. B. Hath dem fed, granted,
Leafcs of the King. Leafes made by the King,
of Part of the Dutchy of Cornwall, are to be for
three Lives, or thirty-one Years, and not be made
difpunishable of Wafte, whereon the ancient Rent
is to be referved; and Effates in Reverfion, with
thofe in Poffeffion, are not to exceed three Lives,
&c. 13 Car. 2. c. 4. All Leafes and Grants made by
Letters Patent, or Indentures under the Geat Seal
of England, or Seal of the Court of Exchequer, or
by Copy of Court Roll, according to the Cuftom of
the Manors of the Dutchy of Cornwal, not exceed
ing one, two or three Lives, or fome Term deter-
minable thereon, &c. are confirmed; and Cove-
wants, Conditions, &c. in Leafes for Lives or Years,
fhall be good in Law, as if the King were feifed in
Fec-fimple. Stat. 1 Fac. 2. c. 9. See 5 & 6 W. &
M. c. 18. 12. Ann. c. 22, And Leafes from the Crown
of Lands in England and Wales, and under the Scals
of the Dutchy of Lancaster, &c. for one, two or
three Lives, or Terms not exceeding fifty Years,
are allowed Time for Inrollment, &c. by 10 Ann.
c. 18. Leafes made by the Prince of Wales of Lands,
c. in the Dutchy of Cornwal, for three Lives, or
Thirty-one. Years, on which is referved the most
ufual Rent paid for the greatest Part of twenty
Years before, fhall be good against the King, the
Prince and their Heirs, . and the Conditions of
fuch Leaſes be as effectual, as if the Prince had been
ſeiſed of an abfolute Eftate in Fee-fimple in the
Lands. Stat. 10 Geo. 2. c. 29.
T
Form of a Leafe of a House in London.
4
or without, tavice in every Tear, during the Continuance
of this Demife, at feaſonable Times in the Day-time, to
enter and come into and upon the faid demifed Premiffes,
or
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or any Part thereof, and view, fearch and fee the State and fully to be compleat and ended, if he the faid C. D. and
and Condition of the Reparations of the fame, and of all E. his Wife, and T. D. his Son, or any or either of them,
Defects, Defaults, and Want of Repairs, then and there shall fo long happen to live; Yielding and Paying there-
found, to give or leave Notice or Warning in Writing, at fore yearly, during the faid Term, unto the faid A. B.
and upon the faid demifed Premiffes, to and for the faid his Heirs and Affigns, the Rent of, &c. at and upon the
C. D. for the Repairing and Amending of the fame with Feafts of, &c. by even and equal Portions: And alfo
in the Space of three Months then next following: In Yielding and Paying at and upon the Death or De-
which faid Space or Time of three Months, after every or ceafe of the faid C. D. the best Beast or Goods of the faid
any fuch Notice or Warning, he the faid C. D. for him- C. D. or the Sum of, &c. for and in the Name of an
felf, bis Executors, Adminiftrators and Affigns, doth Heriot; and alfo at and upon the Death or Deceafe of the
hereby covenant and grant to and with the faid A. B. Said E. his Wife, (fhe dying after the faid C. D.) the beft
his Executors, Adminiſtrators and Affigns, well and fuf: Beaft or Goods, or the Sum of, &c. for and in the Name
ficiently to repair and amend the Defects and Want of of another Heriot, and alſo at and upon the Death or De-
Reparations fo to be found as aforefaid, (except as is he- ceafe of the faid T. D. (he dying fucceſſively after the faid
fore excetted); And alfo, that he the faid C. D. his Ex-C. D. and E.) the best Beaft or Goods, or the Sum of,
ecutors, Adminiftrators and Afſigns, ſhall and will at all &c. for and in the Name of another Heriot: And doing
Times hereafter, during the Term hereby demifed, bear, Suit and Service to and at all and every the Court and
pay and difcharge all Taxes, Charges, Impofitions and Courts of the faid A. B. his Heirs and Affigns, to be
Parish Duties, which shall be taxed, charged, impofed or from Time to Time, during the faid Term, holden in and
affelfed upon the faid Meffuage or Tenement aforefald, or, for the Manor of, &c. and there be ordered and juflified
any Part thereof. And the faid A. B. for himself, his in all Things touching the faid Premiffes, as other the Te
Executors, Adminiftrators and Affigns, doth covenant and nants of the faid Manor, for their respective Eftates are,
grant to and with the faid C. D. bis Executors, Admini-fall or ought to be. And if it shall happen the faid
ftrators and Aſſigns, that he the faid C. D. his Executors, yearly Rent of, &c. or Sums of Money referved for He-
Adminiftrators and Affigns, paying the faid yearly Rent riots, or any Part thereof, to be behind and unpaid by the
of twenty Pounds above referved in Manner aforefaid, Space of twenty-one Days next after either of the faid
and performing all and every the Covenants and Agree- Feafts or Days of Payment on which the fame ought to be
ments herein before contained, which on his or their Parts paid as aforesaid, (being lawfully demanded) and no fuf-
and Behalfs, are or ought to be paid, done and performed, ficient Diftrefs or Digresses, in or upon the faid Premiffſes,
hall and may peaceably and quietly, have, hold, ufe, oc- can or may be found whereby the fame may be levied, that
cury, poffefs and enjoy the faid Meſſuage or Tenement and then and from thenceforth it shall and may be lawful to
Premies hereby demifed, for and during the Term hereby and for the faid A. B. bis Heirs and Affigns, into the ſaid
granted, without any lawful Let, Suit, Trouble, or Inter-Meffuage or Tenement, Lands and Premiſſes hereby demi-
the to re enter, and the fame to
ruption of or by the faid A. B. bis Executors, Adminiſtra- |ſed, with re-poſſeſs and enjoy, as in his or their former
or or of them, or by any or have again,
Perfons lawfully claiming, or to claim by, from, or under
him, them, or any of them, or hy or through his, their, or
any of their Acts, Means or Procurement. In Witness,
Exc.
Right and Eftate; any Thing herein contained to the con
trary notwithstanding. And the faid C. D. for himself,
his Executors, Adminiftrators and Affigns, doth covenant
and grant to and with the faid A. B. his Heirs and Af-
figns, that he the faid C. D.-his Executors, Adminiftra-
A Leafe for Ninety-nine Years, if three Lives live fotors and Affigns, fhall and will well and truly pay or
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caufe to be paid unto the faid A. B. his Heirs or Aligns,
the faid yearly Rent and Heriots above reſerved, at the
HIS Indenture made, &c. Between A. B. of, Days and Times, and in the Manor and Form above ex-
&c. Efq; of the one Part, and C. D. of, &c. preffed, according to the true Intent and Meaning of thefe
Yeoman, of the other Part, Witneffeth, That the faid Prefents. And alſo, that he the faid C. D. his Execu-
A. B. as well for and in Confideration of the Surrender of tors, Adminiftrators and Affigns, at his and their own
a former Leafe granted by, &c. unto the faid C. D. of proper Cofts and Charges, fall and will from Time to
the Meffuage or Tenement and Premiſes herein after de Time, and at all Times, during the faid Term hereby
mifed, for the Term of Ninety-nine Years, determinable granted, well and fufficiently repair, maintain, ſuſtain,
on the Deceaſes of, &c. as alfo for, and in Confideration of uphold, amend, hedge, ditch, cleanfe and keep the faid
the Sum of, &c. of lawful Britiſh Money to him the faid Meſſuage or Tenement, Lands and Premiſſes hereby demi-
A. B. in hand paid by the faid C. D. at and before the fed, and every Part and Parcel thereof, with the Appur-
Sealing and Delivery of thefe Prefents, the Receipt where- tenances, in and with all Manner of needful and neceſſary
of be the faid A. B. doth hereby acknowledge, and there- Reparations and Amendments whatsoever, when and as
of doth acquit and difcharge the faid C. D. his Executors, often as Need shall require; and the fame fo well and
Adminiftrators and Affigns, by thefe Prefents; hath de- fufficiently repaired, maintained, fuftained, upheld, amen-
mifèd, granted, and to Farm letten, and by these Prefents ded, hedged, dit. hed, cleanfed and kept, at the End, Ex-
doth demife, grant, and to Farm let, unto the faid C. D. piration or other Determination of the faid Term hereby
All that Meffage or Tenement, with all thofe Lands, granted, unto the faid A. B. his Heirs and Affigns, ball
&c. fituate, lying and being in, &c. And all Houfes, Out- and will peaceably and quietly leave and yield up. And
boufes, Ways, Waters, Water-courfes, Eafements and Ap. the faid A. B. for himself, his Heirs and Affigns, doth co-
purtenances, &c. to the faid Meffuage or Tenement, Lands venant and grant to and with the faid C. D. his Execu-
and Premiffes bolonging or any Ways appertaining, (except tors, Adminiftrators and Affigns, by thefe Prefents, that
all Timber Trees, and Trees fit and proper to be raifed (by and under the yearly Rent, Heriots, Covenants and A-
and preferved for Timber, now standing, growing or be greements before, in, and by thefe Prefents mentioned and
ing, or which shall hereafter ſtand, grow or be, in or upon contained) he the faid C. D. his Executors, Adminiſtrators
the faid Premiffes, or any Part thereof; with free Liber- and Aſſigns, ſhall and may peaceably and quietlý bave,
ty for the faid A. B. his Heirs and Affigns, to fell, cut hold, occupy, poffefs and enjoy the faid Meffuage or Ters
down, take and carry away the fame, at all feaſonable ments, Lands and Premises above mentioned, and every
Times); To have and to hold the faid Meffuage or Te- Part and Parcel thereof with the Appurtenances (except be-
nement, Lands and Premiffes above granted, and every fore excepted) for and during the faid Term hereby granted,
Part and Parcel thereof with the Appurtenances, (except without any Interruption or Denial of the faid A. B. bis
before excepted) unto the faid C. D. his Executors, Admi-Heirs or Afſigns, or of any other Person or Perſons what
niftrators and Affigns, from the Day of the Date of thefe foever lawfully claiming or to claim any Right, Title or
Prefents, for and during, and unto the full End and Intereft, from, by or under him, them, or any or either of
Term of Ninety-nine Years, from thence next enſuing, them. In Winefs, &c.
A
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A Freehold Leafe for three Lives, Differs from the| Rights, a Right of Poffeffion in the Diffeifor, and
preceding Chattel Leafe only in this, viz. That the a Right to the Eftate in the Diffeifee; now when
Habendum is to the Leffee, his Heirs and Affigns, for the Diffeifee hath releafed to the Diffeifor, here
and during the natural Lives of him the faid C.D. the Diffeifor hath both the Rights in him, viz.
E. his Wife, and T. D. his Son, and during the Life The Right to the Estate, and alfo to the Poffeffion:
natural of every and either of them longest living. Or elfe it is requifite that there be Privity of E-
And in every Covenant, the Leffee covenants for him- ftate between the Tenant in Poffeffion and the Re-
felf, his Heirs and Affigns; and the Covenants are leffor; for a Releaſe will not operate without Pri-
the fame as in the foregoing Leafe; with the Addi- vity. 2 Lill: 435 A Releaſe made by one that at
tion of a Letter of Attorney at the End, to deliver the Time of the Making thereof had no Right, is
Poffeffion and Seifin, as in a Deed of Feoffment. void; and a Releaſe made to one that at the Time
Leafe and Beleafe, Is a Conveyance of Right or of Making thereof hath nothing in the Lands, is
Interest in Lands or Tenements, to another that alfo void, becauſe he ought to have a Freehold, or
hath the Poffeffion thereof. Accomp. Conv. 1 Vol. 129. a Poffeffion, or Privity. Noy's Max. 74. He that
Though the Deed of Feoffment was the ufual Con- makes a Releafe must have an Estate in himself,
veyance at Common Law; yet fince the Stat. of H. out of which the Eftate may be derived to the Re-
8. of Ufes, the Conveyance by Leafe and Releafe leffee; the Releffee is to have an Estate in Poffef
has taken Place of it, and is become a very com- fion in Deed or in Law, in the Land whercof the
mon Affurance to pafs Lands and Tenements; for Releaſe is made, as a Foundation for the Relcafe;
it amounts to a Feoffment, the Ufe drawing after there must be Privity of Estate between the Re-
it the Poffeffion without actual Entry, &c. and fup- leffor and Releffee; and be fufficient Words in
plying the Place of Livery and Seifin, required in Law not only to make the Releaſe, but also to cre-
that Deed: In the making it, a Leafe or Bargain ate and raiſe a new Eltate, or the Releaſe will not
and Sale for a Year, or fuch like Term, is firft pre- be good. I Inft. 22. A Releafe to a Man and his
pared and executed; to the Intent that by Virtue Heirs will pafs a Fee fimple; and if made to a Man,
thereof the Leffee may be, in actual Poffeffion of and the Heirs of his Body, by this the Releffec
the Lands intended to be conveyed by the Releafe, hath an Eftate-tail: But a Releafe of a Man's Right
and thereby and by Force of the Statute 27 H. 8. c. in Fee-fimple, is not fufficient to pass a Fee-fimple.
10. for transferring of Ules into Poffeffion, be ena I Inft. 273. And if a Perfon releaſe to another all
bled to take and accept a Grant of the Reversion his Right which he hath in the Land, without using
and Inheritance of the faid Lands, &c. to the Ufe any more Words, as To hold to him and his Heirs, c.
of himſelf and his Heirs for ever: Upon which the the Releffee hath only an Eſtate för Life. Dyer 263.
Releaſe is accordingly made, reciting the Leafe, A Releafe made to a Tenant in Tail, or for Life,
and declaring the Ufes: And in thefe Cafes; a Pep- of Right to Land, fhall extend to him in Reminder
per-Corn Rent in the Leafe for a Year is a fufficient or Reverfion. Inft. 267. By Relcafe of all a
Refervation to raife an Ufe, to make the Leffee Man's Right unto Lands, all Actions, Entries, Ti
capable of a Releafe. 2 Vent. 35. 2 Mod. 262. When tles of Dower, Rents, &c. are difcharged; though
an Eftate is conveyed by Leafe and Releafe, in the it bars not a Right that ſhall defcend afterwards:
Leaſe for a Year there must be the Word Bargain And a Releaſe of all Right in fuch Land, will not
and Sell for Money, and 5 s. for any other Sum, difcharge a Judgment not executed; becauſe fuch
though never paid, is a good Confideration, where Judgment doth not veft any Right; but only makes
upon the Bargained for a Year is immediately, in the Land liable to Execution. 8 Rep. 151.
Poffeffion on the Executing of the Deed, without 298. Tis faid a Releaſe of all one's Title to Lands,
8 Rep. 151. 3 Salk.
adual Entry: If only the Words Demife, Grant and is a Releafe of all one's Right. Lit. 509. Inft. 292.
to Farm Let are uſed, in that Cafe the Leffee can- By a Releafe of all Entries, or Right of Entry, a
not accept of a Releafe of the Inheritance until he Man hath into Lands, without more Words, the
hath a&ually entered and is in Poffeffion. 2 Lill. Releffor is barred of all Right or Power of Entry
Abr. 435. But where Littleton fays, that if a Leafe into thofe Lands; and yet if a Man have a double
is made for Years, and the Leffor releaſes to the Remedy, viz. a Right of Entry, and an Action to
Leffee before Entry; fuch Releaſe is void, becaufe recover, and then releaſe all Entries, by this he
the Leffee had only a Right, and not the Poffeffion; is not barred and excluded his Action; nor doth a
and fuch Releaſe fhall not enure to enlarge the Releaſe of Actions bar the Right of Entry. Plowd.
Eftate, without the Poffeffion: Tho' this is true at 484. 1 Inft, 345. A Releafe made by Deed Poll,
Common Law, it is not fo now upon the Statute of Right to Lands, &c. needs no other Execution
of Uſes. 2 Mod. 250, 251. And if a Man make a than Sealing and Delivery; and will operate with-
Leaſe for Life, Remainder for Life, and the firft out Confideration: But 'tis convenient to put a va
Leffee dieth; on which, the Leffor releaſes to him luable Confideration therein; left it ſhould be judg'd
in Remainder, before Entry; this is a good Re- fraudulent by Statute. Litt. Sect. 445. Lill. Convey.
leafe to enlarge the Eftate, he having an Eftate in 248. 230. Cro. Fac. 270. A Releaſe that do h enure
Law capable of Enlargement by Releafe, before by Way of Paffing away an Eftate, or Extinguish-
Entry had. 1 Inft. 270. No Perfon can make a Barment, may be made upon Condition or with a De-
gain and Sale, who hath not Poffeffion of the Lands: feafance, fo as the Condition, &c. be contained in
But it is not neceffary to Referve a Rent therein; the Releaſe, or delivered at the fame Time with it:
becauſe the Confideration of Money raiſes the Ufe. And there may be a Recital, Covenan's, Warran-
If a Leaſe be without any fuch Confideration, the ty, &c. inferted in this Releafe; tho' it is faid the
Leffee hath not any Eftate till Entry, nor hath Deed is good, without any fuch Additions. Accom.
the Leffor any. Reverſion; and therefore a Releafe Convey. Vol. 1.
In
a Leafe and Releafe to make a
will not operate, &c. i Inst. 270, 278. Cro. Fac. 169. Tenant to the Precipe to fuffer a Recovery, where
1 Mod. 263. On Leafe at Will, a Relcafe fhall the Releafe is made to A. B. and his Heirs, (viz.
be good by Reafon of the Privity between the Parthe Tenant to the Precipe) it must be alfo ſaid to
ties: But if a Man be only Tenant at Sufferance,
the Releaſe will not Enure to him; and as to the
Perſon who hath the Reverfion it is vòid, for fuch
Tenant hath not any Poffeffion, there being no
Eftate in him. Litt. Sect. 461, 462. Cro. Eliz. 21. Dyer
251. His neceffary in all Cafes where a Relcafe
of Lands is made, that the Eftate be turned to a
Right; as in a Diffeifin, &c. where there are two
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the Ufe of him the faid A. B. and his Heirs and
Affigns for ever; for the Releffee must be abfolute
Tenant of the Freehold. 2 Vent. 312. Lill. Convey
anc. 251. And a Releafe made on Truft, muſt be
to A. B. his Heirs and Affigns, to the only Ufe and
Behoof of the Releffce, his Heirs and Affigns for
ever; in Truft for C. D. who is to be a Party to the
Deed, and the Purchafe Money to be paid by the
Ceftui-
LE
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Ceftui que Traft: If the Words to the Ufe, &c. are
not inferted in the Release, the Eftare doth not
execute by the Statute of Ules, and the Truft is
void. Lill. Ibid. 251. 233. A Leafe and Releaſe make
but one Conveyance, being in the Nature of one
Deed. I Mod. 252.
Form of a Leafe for a Year, to ground a Releafe.
HIS Indenture made, &c. Between A. B. of
ΤΗ &c. of the one Part, and C. D. of, &c. of the o-
ments, Profits, Commodities, Advantages, Emoluments
and Hereditaments whatsoever to the faid Meffuage or Te-
nement belonging, or in any wife appertaining, or which now
are or formerly have been accepted, reputed, taken, known,
ufed, occupied or enjoyed, to or with the fame, or as Part,
Parcel or Member thereof, or of any Part thereof; and
also the Reversion and Revorfions, Remainder and Re-
mainders, Rents and Services of all and fingular the faid
Premises above-mentioned, and of every Part and Parcel
thereof, with the Appurtenances; and alfo all the Eftate,
Right, Title, Intereft, Claim and Demand whatsoever, as
well in Equity as in Law, of him the faid A. B. of, in
ther Part, witneffeth, that the faid A. B. for and in Con- and to all and fingular the faid Premiffes, and of, in and
fideration of the Sum of 5s. of lawful British Money to to every Part and Parcel thereof, with the Appurtenances;
bim in Hand paid by the faid C. D. the Receipt whereof is and alfo all Deeds, Evidences and Writings, touching or
bereby acknowledged, he the faid A. B. bath granted, bar-concerning the faid Premiffes only, or only any Part thereof,
gained and fold, and by these Prefents doth grant, bargain together with true Copies of all other Deeds, Evidences and
and fell unto the faid C. D. All that Meffuage or Tene- Writings, which do concern the faid Premiffes, or any Part
ment, commonly called or known, &c. with the Rights, thereof jointly, with any other Lands or Tenements, now in
Members and Appurtenances, fituate, lying and being in, the Custody or Poffeffion of him the faid A. B. or which he
&c. in the County of, &c. And all Houses, Edifices, can or may get or come by without Suit in Law; the faid
Buildings, Gardens, Orchards, Lands, Meadows, Com- Copies to be made and written at the Request, Cofts and
mons, Paftures, Feedings, Trees, Woods, Underwoods, Charges of the faid C. D. bis Heirs and Affigns; To
Ways, Paths, Waters, Water-courfes, Eafements, Profits, have and to hold the faid Meffuage or Tenement, Lands,
Commodities, Advantages, Emoluments and Hereditaments Hereditaments, and all and fingular the Premiſſes above-
whatſoever to the faid Meffuage or Tenement belonging, mentioned, and every Part and Parcel thereof, with the
or in any Wife appertaining, or which now are or formerly Appurtenances, unto the faid C. D. his Heirs and Aſſigns,
have been accepted, reputed, taken, known, used, occupied to the only proper Ufe and Behoof of the faid C. D. his
or enjoyed, to or with the fame, or as Part, Parcel or Heirs and Affigns for ever. And the Said A..B. for him-
Member thereof, or of any Part thereof; and the Reverfion felf, bis Heirs and Affigns, doth covenant and grant to and
and Reverfions, Remainder and Remainders, Rents and with the faid C. D. his Heirs and Affigns, that he the
Services of the faid Premiffes abovementioned, and of eve-faid A. B. now is the true, lawful and rightful Owner of
ry Part and Parcel thereof; with the Appurtenances: To the faid Meffuage, Lands, Tenements, Hereditaments and
have and to hold the faid Meffuage or Tenement, Lands, Premiffes above-mentioned, and of every Part and Parcel
Hereditaments and Premiffes above-mentioned, and every thereof, with the Appurtenances. And alfo that he the
Part and Parcel thereof, with the Appurtenances unto faid A. B. now is lawfully and rightfully feifed in his
the faid C. D. bis Executors, Administrators and Affigns, own Right, of a good, fure, perfect, abfolute and indefeafi-
from the first Day of this Inftant, &c. for and during and ble Eftate of Inheritance in Fee-fimple, of and in all and
unto the full End and Term of one whole Year, from fingular the Premises above mentioned, with the Appurte-
thence next and immediately enfuing and following, and nances, without any Manner of Condition, Mortgage, Limi
fully to be compleat and ended: Yielding and paying tation of Ufe and Uſes, or other Matter, Caufe or Thing,
therefore one Pepper-Corn in and upon the Feast of St. Mito alter, change, charge, or determine the fame. And that
chael the Archangel, if demanded: To the Intent that
by Virtue of thefe Prefents, and by Force of the Statute
for transferring of Ufes into Poffeffion, be the faid C. D.
may be in the actual Poſſeſſion of all and fingular the
faid Premiffes above-mentioned, with the Appurtenances,
and thereby be enabled to accept and take a Grant and Re-
lease of the Reverfion and Inheritance thereof, to him and
his Heirs, to the only proper Ufe and Behoof of him the
faid C. D. his Heirs and Affigns for ever. In Wit-
nefs, &c.
T
Form of a Releaſe and Conveyance of Lands.
HIS Indenture made, &c. Between A. B. of,
&c. of the one Part, and C. D. of, &c. of the o-
ther Part, Witneffeth, that the faid A. B. for and in
Confideration of the Sum of Five hundred Pounds of lawful
Money of Great Britain, to him in Hand paid by the
faid C. D. the Receipt whereof the faid A. B. doth hereby
confefs and acknowledge, and for divers other good Causes
and Confiderations him thereunto moving; he the faid
A. B. bath granted, bargained and fold, aliened, released
and confirmed, and by these Prefents doth fully, freely and
abfolutely grant, bargain and fell, alien, releafe and confirm
unto the faid C. D. (in his actual Poffeffion now being, by
Virtue of a Bargain and Sale to him thereof made for one
Year, by Indenture bearing Date the Day next before the
Day of the Date of thefe Prefents, and by Force of the Statute
for transferring of Ufes into Poffeffion) and to his Heirs and
Affigns for ever, All that Meffuage or Tenement, commonly
called or known, &c. with the Rights, Members and Ap-
purtenances thereof, fituate, lying and being in, &c. And
all Houfes, Edifices, Buildings, Gardens, Orchards, Lands,
Meadows, Commons, Paftures, Feedings, Trees, Woods,
Underwoods, Ways, Paths, Waters, Water-courfes, Enfe-
A
he the faid A. B. now hath good Right, full Power, and
lawful Authority, in his own Right, to grant, bargain, fell,
and convey the faid Meffuage, Lands, Tenements, Here-
ditaments, and all and fingular the Premiffes above menti-
oned with the Appurtenances, unto the faid C. D. his Heirs
and Affigns, to the only proper Ufe and Behoof of the faid
C. D. bis Heirs and Aigns for ever, according to the true
Intent and Meaning of these Prefents. And also that he
the faid C. D. his Heirs and Affigns, shall and may at all
Times for ever bereafter, peaceably and quietly have, hold,
occupy, poffefs and enjoy all and fingular the faid Meffuage,
Lands, Tenements, Hereditaments and Premiffes above-
mentioned, with the Appurtenances, without the Let, Trou-
ble, Hindrance, Moleftation, Interruption, and Denial of
him the faid A. B. his Heirs or Assigns, and of all and
every other Perfon or Perfons whatfoever: And that freed
and discharged, or otherwife well and fufficiently faved and
kept barmelfs and indemnified of and from all former and
other Bargains, Sales, Gifts, Grants, Leafes, Mortgages,
Fointures, Dowers, Ufes, Wills, Intails, Fines, Poft-Fines,
Iues, Amerciaments, Seizures, Bonds, Annuities, Wri-
tings Obligatory, Statutes Merchant and of the Staple, Re-
cognizances, Extents, Judgments, Executions, Rents and
Arrearages of Rent, and of and from all other Charges,
Estates, Rights, Titles, Troubles and Incumbrances what-
foever had, made, committed, done or ſuffered, or to be had,
made, committed, done, or fuffered, by the faid A. B or any
other Perfon or Perfons whatsoever, claiming or to claim,
by, from or under him, them, or any of them. And fur-
ther, that he the faid A. B. and his Heirs, and all and
every other Perfon and Perfons and his and their Heirs,
any Thing having or claiming in the faid Premiſſes above-
mentioned, or any Part thereof, by, from or under him, ſpall
and will from Time to Time, and at all Times hereafter,
upon the reasonable Request, and at the Cofts and Charges
of the faid C. D. his Heirs or Aſſigns, make, do and exe-
· 6.B
Cute
LE
LE
1
}
f
Leat. A Trench to convey Water to or from a
Mill; mentioned in the Stat. 7 Fac. 1. c. 19.
Lecherwite, A Fine on Adulterers and Fornica-
Sec Lairwite.
tors.
Leftrinum, Is taken for a Pulpit. Mon. Angl.
Tom 3. p. 243.
*
•
!
cute, or cauſe or procure to be made, done and executed,
all and every fuch further and other lawful and reafonable
Act and Acts, Thing and Things, Device and Devices,
Conveyance and Conveyances in the Law whatsoever, for
the further, better, and more perfect granting, conveying Lecturer, (Prælector) A Reader of Lectures; and
and affuring of all and fingular the faid Premiffes above-in London, and other Cities, there are Lecturers who
mentioned, with the Appurtenances, into the faid C. D. are Affiftants to the Rectors of Churches in Preach-
his Heirs and Affigns, to the only proper Ufe and Behoof of ing, &c. Thefe Lecturers are chofen by the Veftry,
the faid C. D. his Heirs and Affigns for ever, as by the or chief Inhabitants of the Parish, and are uſually
Said C. D. his Heirs or Affigns, or his or their Counsel the Afternoon Preachers: The Law requires, that
learned in the Law, fhall be reasonably devised or advised they should have the Confent of them by whom
and required. And lastly, it is covenanted, granted, con- they are employed, and likewife the Approbation
cluded and agreed upon by and between the faid Parties to and Admiffion of the Ordinary; and they are, at the
thefe Prefents, and the true Meaning hereof is, and it is Time of their Admiffion, to fubfcribe to the Thirty.
hereby fo declared, that all and every Fine and Fines, Re-Nine Articles of Religion, &c. required by the Stat.
covery and Recoveries, Aſſurance and Aurances, Convey-14 Car. 2. They are to be licensed by the Bishop,
ance and Conveyances in the Law whatſoever already had, as other Minifters, and a Man cannot be a Lefturer
made, levied, ſuffered, executed and acknowledged, or at without a Licence from the Bifhop or Archbishop;
any Time hereafter to be had, made, levied, fuffered, exe. - but the Power of a Bifhop, &c. is only as to the
ted and acknowledged, by and between the faid Parties to Qualification and fitnefs of the Perfon, and nor as to
thefe Prefents, or either of them, or by or between them, or the Right of the Lectureship; for if a Bishop deser-
either of them, and any other Perfon or Perſons whatsoever, mine in Favour of a Lecturer, a Prohibition may be
of the faid Premiffes above-mentioned, with the Apparte-granted to try the Right. Mich. 12 W. 3. B. R. If
nances, or any Part thereof, either alone by itself, or jointly Lecturers preach in the Week Days, they must read
with any other Lands, Tenements or Hereditaments, fhall the Common Prayer for the Day when they firſt
be and enure, and shall be adjudged, efteemed and taken preach, and declare their Affent to that Book; they
to be and enure, as for and concerning all and fingular the are likewife to do the fame the firft Lecture Day in
Premiſes above-mentioned, with the Appurtenances, to and every Month, fo long they continue Lecturers, or
for the only proper Ufe and Behoof of the faid C. D. his they fhall be difabled to preach till they conform to
Heirs and Affigns for ever, according to the true Intent and the fame: And if they preach before fuch Confor-
Meaning of thefe Prefents, and to and for none other Ufe, mity, they may be committed to Prifon for three
Intent or Purpose whatsoever. In Witnefs, &c.
Months, by Warrant of two Juftices of Peace, granted
on the Certificate of the Ordinary. 13 14 Car. 2,
c. 4. Right Clerg. 338. Where Lectures are to be
preached or read in any Cathedral or Collegiate
Leather. There are feveral Statutes relating to Church, if the Lecturer openly at the Time aforefaid,
Leather; as the 27 H. 8. c. 14. directs Packers to be declare his Affent to all Things in the Book of Com-
appointed for Leather to be transported: But the 18 mon Prayer, it fhall be fufficient; and Univerſity
Eliz. c. 9. prohibits the Shipping of Leather, on PeSermons or Lectures are excepted out of the A&t con-
nalty of Forfeiture, &c. Though by 20 Car. c. 5. cerning Lectures. There are Lectures founded by
Transportation of Leather is allowed to Scotland, Ire- the Donations of pious Perfons, the Lecturers where-
land, or any foreign Country, paying a Cuftom or of are appointed by the Founders; without any In-
Duty; which Statute is continued by divers fubfe-terpofition or Confent of Rectors of Churches, &c.
quent Acts. No Perfon fhall ingrofs Leather to fell
again, under the Penalty of Forfeiture: None but
Tanners are to buy any rough Hides of Leather, or
Calves-Skins in the Hair, on Pain of Forfeiture; and
no Perfon hall foreſtal Hides, under the Penalty of
6 s. 8 d. a Hide. Leather not fufficiently tanned, is Le&urnium, (Lectorium) The Desk or Reading
to be forfeited. In London; the Lord Mayor and Al-Place in Churches. Statut. Eccl. Paul. Lond. MS. 44
dermen are to appoint and fwear Searchers of Lea- Ledgrave, The chief Man of the Lathe or Lethe.
ther, out of the Company of Shoemakers, &c. And See Lathreve..
alfo Triers of infufficient Leather; and the fame is LeDo, (Ledona) The rifing Water or Increaſe of
to be done by Mayors, &c. in other Towns and Cor-the Sca Ledo fex Horas inundationis, & totidem re-
porations; and Searchers allowing infufficient Lea- ceffus habet, &c.
ther, incur a Forfeiture of 40s. Shoemakers making Leet, (Leta, From the Sax. Lite, i. e. Parvus,
Shoes of infufficient Leather, are liable to 3 s. 4 d. quafi a Little Court; or from the Germ. Laet, a
Penalty. I Fac. I. c. 22. Red tanned Leather is to Country Judge) In whofe Manor foever kept, is ac-
be brought into open Leather Markets, and fearched counted the King's Court; becauſe the Authority
and fealed before expofed to Sale, or fhall be for-thereof to punish Offences was originally belonging
feited; and Contra&s for Sale otherwife to be void. to the Crown, and thence derived to inferior Per-
13 & 14 Car. 2. c. 7. Hides of Leather are adjudged fons. Stat. 18 Ed. 2. 4 Inft. 261. By the Laws of
the Ware and Manufacture of the Currier, and fub-
ject to Search, &c. All Perfons dealing in Leather
may buy tanned Leather fearched in open Market;
and any
Perfon may buy or fell Leather Hides or
Skins by Weight. 1 W. & M. c. 33. Duties are grant-
ed on Leather, and Entries to be made of Tan-Yards,
under the Penalty of 501. and Tanners and Leather
Dreffers ufing any private Tan-Yards, or concealing
Skins, &c. fhall forfeit 20. leviable by Juftices of
the Peace, by Distress, &c. 9 Ann. c. 11. See 5 Geo.
I. c. 2. and 9 Geo. 1. c. 27. Vide Tanners.
Leccator, A debauched Perfon, Lether, or Whore-
mafter.
Sciant, quod ego Johannes Constabularius
Ceftria dedi Hugoni de Dutton & Heredibus fuis Magiftra-
tum omnium Leccatorum & Meretricum in, &c. Salvo
Fure meo mibi & hæredibus meis. Ann. 1220.
tho' with the Leave and Approbation of the Bishop;
fuch as that of Lady Moier at St. Paul's, &c.
Leftures of Divinity, Law, Phyfick, &c. in the U-
niverfitics of Oxford and Cambridge. Vide Regius
Profeffor.
King Edward, according to Lambard, this was a Court
of Jurifdi&tion above the Wapentake or Hundred ;
but many Lords of Manors, with their Courts-Baron,
have likewife Leets adjoined. Britton, c. 28. Kitch. 6
See Court-Leet.
Leers or Leits, Meetings appointed for the
Nomination or Election of Officers; often menti-
oned in Archbishop Spotswood's Hiftory of the Church
of Scotland.
Lega e Lata. Anciently the Allay of Money
was fo called. Debita nummi temperies, quam veteres
Legam & La&tam appellabant. Spelm.
Legabilis, Significs what is not entailed as Here-
ditary; but may be bequeathed by Legacy, in a Laft
Will and Teftament. Articuli propofit. in Parliamento
coram Rege, Anno 1234.
Legacy,
LE
LE
}
·
·
Legacy, (Legatum) Is a particular Thing given Mouth, gives a Bill for a certain Sum, to be deli
by a Man's Laft Will and Teftament; and he to vered over to another, if he the Teftator fhould die
whom fuch Legacy is given, is called a Legatee; and of that Sickness; this is adjudged good, but it be
there is a Residuary Legatee. It feems neceffary, that ing in the Nature of a Legacy, may be deemed frau-
the Legatee fhould be born at the Time of making dulent against Creditors. Ibid. 405, 406. If a Le
the Will; and it has been adjudged where Legacies gacy when due be paid to the Father of an Infant, ic
were given to a Man's Children, that thofe who is no good Payment; and the Executor may be
were born afterwards fhould have no Share thereof obliged in Equity to pay it over again: And where
1 Bulft. 153. But it has been otherwife decreed in any Legacy is bequeathed to a Feme Covert, pay-
Chancery. I Ch. Rep. 30t. A Man deviſed 200%ing it to her alone, is not fufficient, without her
a-piece to the two Children of A. B. at the End of Husband. I Vern. 261. As an Executor is not ob-
ten Years after the Death of the Teftator; after-liged to pay a Legacy, without Security given him
wards the Children died within the ten Years; and by the Legatee to refund, if there are Debts, be-
it was held a lapfed Legacy: For there is a Diffe-caufe the Legacy is not due till the Debts are paid,
rence where a Devife is to take Effect at a future and a Man must be juft before he is charitable;
Time, and where the Payment is to be made at afo in fome Cafes, the Executor may be compelled
future Time; and whenever the Time is annexed to give Security to the Legatee for the Payment
to the Legacy itself, and not to the Payment of it, of his Legacy; as where a Teftator bequeathed
if the Legatee dies before the Time happens, 'tis a 1000l. to a Perſon, to be paid at the Age of Twen-
lapfed Legacy 2 Salk. 415. A Bequest of Money ty-one, and made an Executor, and died, after-
to one at the Age of twenty one, or Day of Mar-wards the Legatee exhibited a Bill in Equity against
riage, without faying to be paid at that Time, and the Executor, fetting forth that he had wafted the
the Legatee dies before the Term; this is a lapfed Eftate, and praying that he might give Security to
Legary: And fo it is if the Devife had been to her pay the Legacy when it fhould become due; and it
when the fhall marry; or when a Son fhall come was ordered accordingly. 1 Ch. Rep. 136, 257. If a
of Age, and they die before. Godb. 182. 2 Vent. 342. Legacy is devifed, and no certain Time of Payment,
But a Devife of a Sum of Money, to be paid at and the Legatee is an Infant, he fhall have Intereft
the Day of Marriage, or Age of twenty-one Years; for the Legacy from the Epiration of one Year af
if the Legatee die before either of thefe happen, the ter the Teftator's Death; for fo long the Executor
Legatee's Adminiftrator fhall have it, because the Le- fhall have, that he may fee whether there are any
gatee had a prefent Intereft, though the Time of Debts, and no Laches fhall be imputed to the In
Payment was not yet come; and 'tis a Charge on the fant: But if the Legatee be of full Age, he fhall have
Perfonal Eſtate which was in Being at the Teftator's no Intereft but from the Time of the Demand of
Death; and if it were diſcharged by this Accident, his Legacy: Where a Legacy is payable at a Day cer-
then it would be for the Benefit of the Executor, tain, it must be paid with Intereft from that Day.
which was never intended by the Teftator. 2 Ventr. 2 Salk. 415. 2 Nelf. Abr. 1114. A Perfon gives a
366. 2 Lev. 207. A Father bequeathed Goods to his Legacy charged upon Land, which yields Rents and
Son, when he fhould be of the Age of twenty one Profits, and there is no Day of Payment mentioned,
Years, and if he die before that Time, then his the Legacy fhall carry Intereft from the Teftator's
Daughter ſhould have them; afterwards the Father Death, because the Land yields Profit from that
died, and then the Son died before he was of Age; Time: Tho' were it charged on the Perfonal Eſtate
adjudged, that the Daughter fhould have the Goods and the Will mentions no Time for paying is, there
given in Legacy immediately, and not ftay till her the Legacy bears Intereft only from the End of a
Brother would have been of Age, if he had lived. Year, after the Death of the Teftator; which is
I And. 33. And where a Legacy was devifed to an faid to be the fettled Difference. 2 Peere Williams
Infant, to be paid when he fhall come of Age, and 26. It has been decreed in Equity, that altho' a
he died before that Time; it was ruled that his Legacy be deviſed to be paid at a certain Time, it
Adminiſtrator ſhould have it prefently, and not ftay carries Intereft only from fuch Time as it is de-
until the Infant fhould have been of Age, if he had manded: "Tis otherwife of a Debt; and in fuch
lived. I Leon. 278. In a Cafe of this Nature, it Cafe Non-payment at the Day, has been held no
has been decreed in Equity, that altho' the Admi- Breach, without Demand and Refufal. Preced. Cant.
niftrator fhould have the Legacy, yet he muft wait 161. Sec Abr. Caf. Eq. 286. One having a Legacy
for it till fuch Time as the Child would have come given him, payable within a Year, knew nothing
to twenty-one. 2 Vern. 199. Where a Legacy is to of it till a great while afterwards, when the Exe
arife out of the Real Eftate, it fhall not go to the cutor publifhed it in the Gazette; here Chancery
Repreſentative of the Legatee; but fink in the Inheri- would allow no Intereft but the bare Legacy. Preced.
tance: And yet where 1000l. was given by a Per- Canc. 11. The Affent or Agreement of the Execu-
fon out of Lands, to his Daughter, and Intereft to tor is firft to be obtained before any Legacy can be
be computed from his Death, &c. here tho' the taken; until then the Legatee may not meddle with
Legatee died before the Time appointed for paying the Legacy, becaufe the Executor is to pay Deb's
the fame, it was held the Legacy fhould be raiſed not-before Legacies, &c. Wood's Inft. 329. And this is the
withstanding; and the Lord Chancellor faid, that Reafon why no Property can be transferred to the
this Legacy was a vefted one. 2 Vern. Rep. 617. Bar- Legatee, without the Executor's Affent: If the Ex-
nardift. 328, 330. A Perfon by Will, &c. gives a ecutor refufes to affent to a Legacy, he may be obli-
Portion or Legacy to a Child, payable at twenty-one ged to it by a Court of Equity, or the Spiritual
Years of Age, out of a real and perfonal Eftate, Court. March, Rep. 19. Legacies being Gratuities,
and the Child dies before the Legacy becomes pay- and no Dutics, Action will not lie at Common Law
able; in that Cafe, fo much thereof as the perfonal for the Recovery of a Legacy; but Remedy is
Estate will pay, fhall go to the Child's Executors or to be had in the Chancery or Spiritual Court.
Adminiftrators: But fo far as the Legacy is charged Allen 38. The Cognizance of a Legacy properly
upon the Land, 'tis faid it fhall fink. 2 P. Williams belongs to the Spiritual Courts, for fuch Bequests
613. Alfo if a Legacy be given to one, to be paid were not good by the Common Law; but this is to
our of fuch a Fund, and the fame fails; it has been be understood, where a Legacy is devifed generally:
refolved, that it ought to be paid out of the Perfo- If 'tis payable out of the Land, or our of the
nal Eſtate, and the failing of the Manner appointed Profits of the Land, an Action of the Cafes lies
for Payment ſhall not defeat the Legacy. Peere at Common Law; but the ufual Remedy is in
William's 179. One by Will difpofes of his Eftate Chancery. Sid. 44. 3 Salk. 223. By Holt Ch. Juft:
in Legacies, and afterwards by Parol, or Word of A Legatee may maintain an Action of Debt at Com-
$
-
.
mon
LE
LE
1
mon Law againſt the Owner of Land, out of which
the Legacy is to be paid; and fince the Statute of
Wills gives him a Right, by Confequence he fhall
have an Action at Law to recover it.
2 Salk. 415.
And fometimes the Common Law takes Notice of,
a Legacy, not directly, but in a collateral Way;
as where the Executor promifed to pay the Mo-
ney, if the Legatee would forbear to fue for the
Legacy, this was adjudged a good Confideration to
ground an Action; but, that it would not lie for a
Legacy in Specie, which would be to deveft the Spiri-
tual Court of what properly belonged to their Ju-
rifdiction, by turning Suits which might be brought
there into Actions on the Cafe. Raym. 23. If Seen-
rity is given by Bond to pay a Legay, in fuch Cafe
an Action at Law is the proper Remedy; by giving
the Bond, the Legacy is as it were extinct and be-
comes a Debt at Common Law, and the Legatee can
never afterwards fue for it in the Spiritual Court.
Yelv. 39. For the Recovery of a Debt or fuch like
Thing in Action, given by Way of Legacy, it is beft
to make the Legatee Executor as to that Debt, &c.
or he must have a Letter of Attorney to fue in the
Executor's Name. Wood's Inft. 330. Where a Teſta-
tor gives his Debtee a Legary greater than his Debt,
it fhall be taken in Sati faction of it: Tho' where
the Legary is lefs, it fhall not be deemed as any
Part thereof; but as a Legacy is a Gift, fometimes
the Legatee has been decreed both. 1 Salk. 155. 2
Salk. 508. If a greater Legacy, is given by a Codi-
cil, to the fame Perfon that was, Legatee in the
Will, it fhall not be a Satisfaction, unless fo ex-
preffed. 1 Peere Williams 424. The Name of a Le-
gatee being very falfly Spelt, it was referred to a
Mafter in Chancery, to examine who was the Per
fon intended. Ibid. 425. Some Perfons are inca-
pable of taking by Legacy, by feveral Statutes; as
the 13 W. 3. c. 6. relating to Officers, Lawyers,
c. not taking the Oaths; and 5 Geo. 1. c. 27.
concerning Artificers going abroad, &c. Sec Exe-
cutor and Wills.
•
•
Legalis homo, Is ufed for him who ftands Rectus
in Curia, not outlawed, excommunicated, or infa-
mous; and in this Senfe are the Wards Prohi & Le-
gales Homines: Hence alfo Legality is taken for the
Condition of fuch a Man. Leg. Ed. Conf. c. 18.
Legalis Moneta Angliæ, Lawful Money of Eng-
land, is Gold or Silver Money coined here by the
King's Authority, &c. 1 Inft. 207. See Coin.
à
Leípa, A Departure from Service.
Si quis
Domino fuo fine Licentia dif edat, ut Leipa emendatur
redire cogatur. Leg. Hen. 1. cap. 43.
Lent, (From the Germ. Lentz, i. c. Ver, the Spring
Falt) Is a Time of Fafting for forty Days, next be-
fore Eafter; mentioned in the Stat. 23 Ed. 6. cap.
19. And firft commanded to be obferved in England
by Ercombert, feventh King of Kent, before the Year
Soo. Raker's Chron. 7. No Meat was formerly to be
caten in Lent, or on Wednesdays or other fish Days,
but by Licence, under certain Penalties. 27 Eliz. cap.
7. And Butchers were not to kill Flesh in the Lent,
unless for victualling Ships, c. See Quadragefima.
Lep and Lace, (Leppe & Laffe) Is a Cultom in
the Manor of Writtel in Com. Effex, that every Cart
which comes over Greenbury within that Manor, (ex-
cept it be the Cart of a Nobleman) fhall pay 4d. to
the Lord. This Greenbury is conceived to have been
anciently a Market- Place; on which Account this
Privilege was granted. Blount.
Lepa, A Meafure which contained the third Part
of two Bufhels: Whence we derive a Seed-leap. Du
Cange.
Lepozaríus, A Greyhound for the Hare. Concedo
eis duos Leporarios, c. ad Leporem capiendum in Fo-
refta noftra de Effexia. Mon. Ang. Tom. 2 fol. 283.
Lepozium, Is a Place where Hares are kept togc-
ther. Mon. Angl. Tom. 2. fol. 1035.
The Writ
Lepzolo amovendo, An ancient Writ that lies to
remove a Leper or Lazar, who thrufts himſelf into
the Company of his Neighbours in any Pariſh, ei-
ther in the Church, or at other publick Meetings,
to their Annoyance. Reg. Orig. ` 237.
lieth against thofe Lepers that appear outwardly to
be fuch, by Sores on their Bodies, Smell, &c. and
not against others: And if a Man be a Leper, and
keep within his Houfe, fo as not to converfe with
his Neighbours; he fhall not be removed. New
Nat. Br. 521.
Le Roy le beut, Words by which the Royal
Affent is fignified by the Clerk of the Parliament to
publick Bills; and to a private Bill the King's An-
fwer is, Soit fait comme il eft defire.
Le Boy fe Avifera. And by theſe Words to a
Bill, prefented to the King by his Houfes of Parlia
ment, are underſtood his Denial of that Bill.
Leschewes, Trees fallen by Chance, or Windfalls..
Broke's Abr. 341.
Lefia, A Leafh of Greyhounds, now reftrained to
Legate, (Legatus) An Ambaffador or Pope's Nun-the Number of Three, but formerly more. Spelm.
cio. And there are two Sorts of Legates, a Legate a Lefpegend, (Sax. Lef-pegen) Baro Minor. Homini-
Latere, and Legatus natus; the Difference between bus quos Angli Lefpegend nuncupant, Dani vero Young
whom is thus: Legatus a Latere was ufually one of Men vocant, &c. Conftitur. Canut. de Forcfta,
the Pope's Family vefted with the greatcft Authori-Art. 2.
Leffoz and Leffee, The Parties to a Leafe. See
Leafe.
Leftage, Mentioned in fome Writers, is the fame
as Laftage.
ty in all Ecclefiaftical Affairs over the whole King- Leffa, A Legacy; and from this Word alfo Leafe
dom where he was fent; and during the Time of is derived. Mon. Ang. Tom. I. pag. 562.
his Legation, he might determine even thofe Appeals
which had been made from thence to Rome: Lega-
tus natus had a more limited Jurifdi&tion, but was
exempted from the Authority of the Legate a Latere;
and he could exercise even his Jurifdiction in his
own Province. The Popes of Rome had formerly in
England the Archbishops of Canterbury their Legatos
natos; and upon extraordinary Occafions, fent over
Legatos a Latere.
Legatary, Legatozy, Is the fame with Legatee of
a Will. 27 Eliz. c. 16.
Legem facere, To make Law, or Oath: Legem
habere, to be capable of giving Evidence upon Oath;
Minor non habet Legem. Selden's Notes on Hengh. 133.
Legergild, (Legergildum) See Lecherwite and Lair-
wite.
Legiofus. Litigious, and ſo fubje&ted to a Courſe
of Law. Cowel.
Legitimation, (Legitimatio) A making lawful or
Legitimate; and Naturalization, &c. makes a Fo-
reigner a lawful Subject of the State.
I
Lefues or Lelves, Is a Word fignifying Paftures,
in many Places of England, and often inferted in
Deeds and Conveyances. Domefd.
Letare Jerufalem, Was ufed for the customary
Oblations made on Midlent Sunday, when the proper
Hymn was Letare Ferufalem, &c. by the Inhabitants
within a Diocefe to the Mother Cathedral Church;
and thefe voluntary Offerings on that Day, were by
Degrees fettled into an annual Compofition or pecu-
niary Payment, charged on the Parochial Pricft,
who was prefumed to receive them from the Peo-
ple of his Congregation, and obliged to return them
to the Cathedral Church; and this among other
Burdens was at length thrown on the oppreſs'd Vi-
cars, as appears by the Ordination of the Vicarage
of Erdele, in the Archdeaconry of Huntingdon, Anno
1290, where it is provided, Qui quidem Vicarius
folvet
1
LE
LE
}
folvet Synodalia, Lætare Jerufalem, &c. From the
antient Custom of Proceffions at that Time, began
the Practice which is ftill retained in many Parts
of England, of Mothering, or going to visit Parents
on Midlent Sunday. See Quadragefimalia.
Letter of Licence, Is an Inftrument or Writing
made by Creditors to a Man that hath failed in his
Trade, allowing him longer Time for the Payment
of his Debts, and protecting him from Arrefts in
going about his Affairs. Thefe Letters of Licence
Letters of Abfolution, (Litera Abfolutovie) Or ab-give Leave to the Party to whom granted to refort
folvatory Letters, were fuch in former Times, when freely to his Creditors, or any others, and to com-
an Abbot releafed any of his Brethren ab omni fub-pound Debts, c. And the Creditors covenant,
jettione & Obedientia, c. And made them capable
of entering into fome other Order of Religion.
Mon. Favershamenfi, pag. 7.
that if the Debtor fhall receive any Moleftation or
Hindrance from any of them, he fhall be acquitted
and diſcharged of his Debt against fuch Creditor,
&c. See my Accomp. Conveyanc. Vol. 1.
Letters of Marque, Are extraordinary Repri-
fals for Reparation to Merchants taken and defpoiled
by Strangers at Sea, grantable by the Secretaries of
State, with the Approbation of the King and Coun-
cil; and ufually in Time of War, &c. Lex Mercat.
173. If a Letter of Marque wilfully and knowingly
take a Ship and Goods belonging to another Nation,
not of that State against whom the Commiffion is
awarded, but of fome other in Amity, this amounts
to a downright Piracy. Roll. Abr. 530. See Reprifal.
Letters Patent, (Litere Patentes) Sometimes
called Letters Overt, are Writings of the King fealed
with the Great Seal of England, whereby a Perſon is
enabled to do or enjoy that which otherwife he could
not; and fo called, becauſe they are open with the
Seal affixed, and ready to be fhewn for Confirma-
tion of the Authority thereby given. 19 H. 7. cap. 7.
And we read of Letters Patent to make Denizens,
&c. 32 Hen. 6. c. 16. 19 Hen. 3. c. 18. Letters Patent
may be granted by common Perfons, but in ſuch
Cafe they are properly Patents; yet for Diftinction,
the King's Letters Patent have been called Letters
Patent Royal. Anno 2 H. 6. c. 10. Letters Patent con-
clude with Tefte me ipfo, &c. 2 Inft. 78. See Pa-
tents.
Letter of Attorney, (Litera Attornati) Is a Wri-
ting, authorifing an Attorney to do any lawful A&t in
the Stead of another: As to give Seifin of Lands;
receive Debts, or fue a third Perfon, &c. And Let-
ters of Attorney are either General or Special. Weft.
Symb. par. 1. Stat. 7 R. 2. c. 13. The Nature of
this Inftrument is to give the Attorney the full
Power and Authority of the Maker, to accomplish
the A&t intended to be perform'd: And fometimes
theſe Writings are revocable, and fometimes not fo;
but when they are revocable, it is ufually a bare
Authority only; and they are irrevocable when Debts,
c. are affigned to another, in which Cafe the Word
irrevocable is inferted. In Cafes of Letters of Attorney,
the Authority must be ftri&tly pursued: If it be to
deliver Livery and Seifin of Lands between certain
Hours, and the Attorney doth it before or after;
or in a Capital Meffuage, and he does it in another
Part of the Land, &c. the A&t of the Attorney_to
execute the Eftate fhall be void. Plowd. 475. But
notwithſtanding the ancient Opinions for purſuing
Authorities with great Strictness and Exactnefs, yet
in Cafe of Livery and Seifin they have been always
favourably expounded of later Times, unleſs where
it hath appeared, that the Authority was not pur-
fued at all; as if a Letter of Attorney be made to
three, two cannot execute it, becauſe they are not Lebant and Couchant, Is a Law-Term for Cattle
the Parties delegated, and they do not agree with that have been fo long in the Ground of another,
the Authority. 2 Mod. Rep. 79. Where the Attor- that they have lain down, and are rifen again to feed;
ney does less than the Authority mentions, it is void: in ancient Records writ Levantes & Cubantes. When
It is faid if he doth more, it may be good for fo the Cattle of a Stranger are come into another
much as he had Power to do. 1 Inft. 258. There Man's Ground, and have been there a good Space
were two Attornies made jointly and feverally, to of Time, (fuppofed to be a Day and a Night) they
deliver Seifin of Lands, c. and one of them de-are faid to be Levant and Couchant. Terms de Ley 424.
livered Seifin of Part of the Land, and after ano- 2 Lill. Abr. 167. Beafts of a Stranger on the Lord's
ther Attorney being Tenant thereof for Years, gave
Livery of the other Part of the Land: This was
held good, tho' made at feveral Times. 1 And. 247.
And if a Man make a Deed of Feoffment of Lands
in divers Counties, with fuch a Letter of Attorney,
the Livery must be at feveral Times; otherwife it
cannot be made. Ibid. See 1 Leon. 260, 192.
If
Mayor and Commonalty make a Feoffment of Lands,
and execute a Letter of Attorney to deliver Seifin; Levari facías, A Writ directed to the Sheriff
the Livery and Seifin, after the Death of the Mayor, for levying a Sum of Money upon a Man's Lands
will be good, by Reafon the Corporation dieth not. and Tenements, Goods and Chattels, who has for-
1.Inft. 52. In other Cafes, by the Death of the feited his Recognizance. Reg. Orig. 298. This Writ
Party giving it, the Power given by Letter of Attor is given by the Common Law, before the Statute
ney generally determines. A Perfon made a Letter Weftm. 2. cap. 18. gave the Writ of Elegit; and a
of Attorney to a Creditor to receive all his Wages Levari facias commands the Debt to be levied de
and Pay due from a Ship, and afterwards died at exitibus & proficuis Terre, &c. And Cattle of a Stran-
Sea; this Authority was adjudged to be fo derer-ger on the Land have been held Iffues of the Land,
mined, that all the reft of the Creditors fhould have
a Share in his Adminiftration. Preced. Canc. 125.
2 Vern. 391.
a
Ground may be diftrained for Rent, though they
have not been Levant and Couchant; but it is other-
wife if the Tenant of the Land is in Fault in not
keeping up his Mounds, by Reafon whereof the
Beafts efcape upon the Land. Wood's Inft. 190. See
Diftrefs.
Lebanum, (From the Lat. Levare, to make light-
er) Is leavened Bread.
which is Debtor. 1 Salk. 395. On a Judgment in an
inferior Court, and a Levari facias, whereupon a
Warrant was made to levy the Debt de Terris & Ca-
op-tallis, it was adjudged that the Precept ought to be
to levy the Money de Terris, Bonis & Catallis, &c.
2 Lutw. 1410. A Levari facias in Debt lies againſt
a Parfon, directed to the Bishop, &c. to levy the
Money of his Spiritual Goods. 13 H. 4. 17. When
a Year and Day is paft, after the Day of Payment
by the Recognizance, there fhould be anciently a
Writ of Debt; but now a Scire facias, &c.
Letters Claus, (Litera Claufa) Clofe Letters,
pos'd to Letters Patent; being commonly fealed up
with the King's Signet or Privy Seal; whereas the
Letters Patent are left open and fealed with the
Broad Seal.
Letter of Credit, Is where a Merchant or Cor-
refpondent writes a Letter to another, requesting
him to credit the Bearer with a certain Sum of
Money. Merch. Dict.
Letters of Exchange, (Litere Cambii) Reg. Orig.
194. See Bills of Exchange.
6 C
Form
LE
LI
G
Form of a Writ of Levari facias.
EORGE the Second, &c. To the Sheriff of S.
Greeting: Because A. B. of, &c. ought to have
paid C. D. taventy Pounds, at the Feast of St. Michael,
in the Year of our Reign, &c. as it appears to us by In-
Spection of the Rolls of our Chancery, and that hath not
yet paid to him, as is faid: We command you, that the
aforefaid Money of the Lands, Goods and Chattels of the
faid A. in your Bailiwick, without Delay, you caufe to
be levied, fo that you may have it in our Chancery the
Morrow of the Nativity of St. John Baptift next coming,
wherefoever then it shall be, to the aforefaid C. there to
be delivered; and this in no wife omit: And have you
there this Writ, &c.
There is a Levari facias damna Diffeifitoribus, for
the levying of Damages, wherein the Diffeifor has
formerly been condemned to the Diffeifee. Reg. Orig.
214. Alfo Levari facias Refiduum debiti, to levy the
Remainder of a Debt upon Lands and Tenements,
or Chattels of the Debtor, where Part has been fa-
tisfied before. Reg. Orig: 299. And a Levari facias
quando Vicecomes retornavit quod non habuit emptores,
commanding the Sheriff to fell the Goods of the
Debtor, which he has taken, and returned that he
could not fell. Reg. Orig. 300.
Lebari fænum, Signifies to make Hay; and
Una Levatio fœni, was one Day's Hay-making; a
Service paid to Lords by their inferior Tenants.
Paroch. Antiq. 320.
Eftimates, fo that the Price of an Eye, &c. loft
was allowed to the Perfon injured. i Hale's Hift.
P. C. 12.
liæ.
*
Lex Wallenfica, The Law of Wales. Stat. Wal-
Ley, The French Word for Law, as Les Termes
de la Ley..
Ley gager, Is ufed for Wager of Law. 1 Car. I.
cap. 3.
Leys. Pafture Grounds in feveral Counties of
this Kingdom are called Leys, and fo ufed in Domefd.
Libel, (Libellus) Signifies literally a little Book;
but by Ufe, it is the original Declaration of any
Action in the Civil Law.
i Hen. 5. cap. 3. 2 Ed. 6.
c. 13. It fignifieth alfo a fcandalous Report of any
Man fpread abroad, or otherwife unlawfully pub-
lifhed, and then called Famofus Libellus, an infa-
mous Libel: And this is either in Scriptis, aut fine
Scriptis; in Scriptis is when any Writing is compofed
or publifhed to another's Difgrace, &c. And fine
Scriptis, where the Perfon is painted in a fhameful
Manner, with a Fool's Coat, Affes Ears, Ec, or a
Gallows, or other ignominious Sign is fixed at his
Door. 3 Inft. 174. Seneca calls defamatory Libels
Contumeliofi Libelli, and Bracton Carmina Famosas
contumelious Libels, and infamous Rhimes, which
flow from Malice; and the Romans would not per-
mit their Lives and Fame to be fubject to the In-
jury and Scandal of Poets; for they made an Ordi-
nance, that whofoever fhould prefume to compoſe
any fuch Verfes, were to be punished with Death.
Treat. of Laws 75. 'Tis obferved in our Law,
a Libel is the greatest Degree of Scandal, and does
not die like Words which may be forgot, an Action
for which is confined to the Perfon; but the Cauſe
of Action for Scandal in a Libel furvives. 5 Rep.
125. A Libel in a ſtrict Senfe is a malicious
Afperfion of another, expreffed in Printing or Wri-
that
Leuca, Is a Measure of Land, confifting of fifteen
hundred or two thouſand Paces; and in the Mo
nafticon, it is four hundred and eighty Perches,
which is a Mile. Mon. Ang. Tom. I. pag. 313.
Leucata, Has the fame Signification: De Bofco,
&c. continen. unam Leucatam in Latitudine, & dimiting; and tending either to blacken the Memory
dium in Longitudine. Mon. Angl. Tom. 1.
Levy, (Levare) Is ufed in the Law for to collect,
or exact; as to levy Money, &c. And fometimes
to creat, or caft up; as to levy a Ditch, &c. And
to levy a Fine of Land, is the ufual Term: In an-
cient Time, the Word Rere a Fine, was made Ufe
of. 17 H. 6.
Lewonefs, Is punishable by our Law by Fine,
Impriſonment, &c. And Mich. 15 Car. 2. a Perfon
was indicted for open Lewdness in fhewing his naked
Body in a Balcony, and other Mifdemeanors, and
was fined 2000 Marks, imprisoned for a Week, and
bound to the Good Behaviour for three Years. 1 Sid.
168. In Times paft, when any Man granted a
Leafe of his Houfe; it was ufual to infert an exprefs
Covenant, that the Tenant fhould not entertain any
lewd Women, &c. Sce Bawdy houſe.
Lex, A Law for the Government of Mankind in
Society. Litt. Did. And it is also taken for a Pur-
gation. Leg. H. 1. c. 62.
of one who is dead, or the Reputation of one that
is alive, and to expofe him to publick Hatred, Con-
tempt, or Ridicule: But in a larger Significa-
tion, it may be applied to any Defamation what-
foever. Ibid. 12.1. All Libels are made againſt pri-
vate Men, or Magiftrates, and publick Perfons;
and thofe against Magiftrates deferve the greatest
Punishment: If a Libel be made againſt a private
Man, it may excite the Perfon libelled, or his Friends,
to revenge and break the Peace; and if againſt a
Magiftrate, it is not only a Breach of the Peace,
but a Scandal to the Government, and firs
up Se-
dition. Ibid. And although a private Perfon or
Magiftrate be dead at the Time of Making the
Libel, yet it is punishable; as it has a Tendency to
the Breach of the Peace. Hob. 215. And with Re-
gard to this Confideration, it is far from being a
Juftification of a Libel, that the Contents thereof
are true, or that the Perfon upon whom made had
a bad Reputation; fince the greater Appearance
there is of Truth in any malicious Invective, fo
much the more provoking it is. 5 Rep. 125. Moor
627. It is not material whether the Matter be
true or falſe, if the Profecution be by Information
or Indictment; but in A&ion on the Cafe, one may
juftify that the Matter is true. 5 Rep. 125. Hob. 253.
When any Man finds a Libel, if it be againſt a pri-
vare Perfon, he ought to burn it, or deliver it to a
Magiftrate; and where it concerns a Magiftrate, he
fhould deliver it prefently to a Magiftrate. Ibid. If
a Libel be found in a Houfe, the Mafter cannot be
punished for Framing, Printing and Publiſhing it;
but it is faid he may be indicted for having it, and
not delivering it to a Magiftrate. 1 Vent. 31. If a
Printer print a Libel against a private Perfon, he
may be indicted and punished for it; and fo he may
who prints a Libel against a Magiftrate, and much
Lex Talionis, Is Juris pofitivi; and the Taliones more one who does it against the King and State:
among the Jews, were converted into pecuniary | Nor can a Perfon in fuch a Cafe excufe himſelf by
Lex Brehonia, The Brebon or Irish Law, over-
thrown by K. John.
Lex Bretoile, Was the Law of the ancient Bri-
tains, or Marches of Wales. Lex Marchiarum.
Lex Derailnia. Deraifnia eft Lex quadam in
Normannia conftituta, per quam in fimplicibus querelis
infecutus factum, quod a parte adverfa ei objicitur, fe non
feciffe declarat. And it is the Proof of a Thing,
which one denies to be done by him, where another
affirms it; defeating the Affertion of his Adverfary,
and fhewing it to be against Reafon or Probability:
This was uſed among the Old Romans, as well as the
Normans. Grand Cuftumar. c. 126.
Lex Judiciatis, Is properly Purgatio per Fudicium
Ferri, fometimes called Fudicium. Leg. H. 1
Lex Sacramentalís, i. e. Purgatio per Sacramen
tam. Leg. H. 1. c. 9.
2
fayin,
1
:
LI
LI,
}
•
faying they were dying Speeches, or the Words of a Perfon courting a Woman, is indictable, and
dying Men; for a Man may at his Death juftify his fineable to the King. Sid. 270. No Writing is
Villany; and he who publishes it is punishable: efteemed a Libel, unless it reflect upon fome parti-
And it is no Excufe for the Printing or Publishing cular Perfon; and a Writing full of obſcene Ri-
a Libel, to fay that he did it in the Way of Trade, baldry, is not punishable by any Profecution at
or to maintain his Family. State Trials, 1 Vol. 982, Common Law; but the Author may be bound to
986. Alfo if Bookfellers, &c. publish or fell Libels, the Good Behaviour, as a Perfon of evil Fame.
tho' they know not the Contents of them, they are I Hawk. 195. Where a Writing inveighs against
punishable. It has been refolved, that where Per- Mankind in general, or against a particular Order
fons write, print, or fell, any Pamphlets, fcanda- of Men, this is no Libel; it muft defcend to Particu-
lizing the Publick, or any private Perfons, fuch li- lars and Individuals, to make it a Libel. Trin. 11 W.
bellous Books may be feifed, and the Perfons puniſh-2. B. R. But a general Reflection on the Govern-
ed by Law; and all Perfons expofing any Books to ment is a Libel, though no particular Perfon is re-
Sale, reflecting on the Government, may be pu-flected on: And the Writing against a known Law
nifhed: Alfo Writers of News, though not feanda-is held to be criminal. State Trials, 4 Vol. 672, 903.
lous, feditious, or reflecting on the Government, if According to Holt C. Juft. fcandalous Matter is not
they write falfe News, are indictable and punishable. neceffary to make a Libel; it is enough if the De-
State Trials, 2 Vol. 477. One was indicted for a Li- fendant induces an ill Opinion to be had of the Plain-
bel in fcandalizing the King's Witneffes, and re- tiff, &c. And if a Man fpeak fcandalous Words, un-
flecting on the Juftice of the Nation, and had Judg-lefs they are put in Writing, he is not guilty of a Li-
ment of Pillory and Fine. Ibid. 3 Vol. 50. A Perbel; for the Nature of a Libel confifteth in putting
fon for libelling the Lord Chancellor Bacon, affirming the infamous Matter into Writing. 2 Salk. 417.3 Salk.
that he had done Injuftice, and other fcandalous 226. A defamatory Writing, expreffing only one or
Matter, was fentenced to pay 1000 1. Fine, to ride two Letters of a Man's Name, if it be in fuch a Man-
on a Horfe with his Face to the Tail from the Fleet ner that from what goes before, and follows after,
to Westminster, with his Fault written on his Head, it must be understood by the natural Conftruction of
to acknowledge his Offence in all the Courts at the Whole, to fignify and point at fuch a particular
Westminster, ftand in the Pillory, and that one of Perfon, is as properly à Libel as if the whole Name
his Ears fhould be cut off at Westminster, and the were expreffed at large. Trin. 12 Ann. 1 Hawk. 194.
other in Cheapfide, and to fuffer Imprifonment during Printing or Writing may be libellous, though the
Life. Poph. 135. One who exhibited a Libel against Scandal is not charged directly, but obliquely and
a Lord Chief Justice, directed to the King, calling ironically; and where a Writing pretends to recom-
the Chief Juftice, Traitor, perjured Fudge, &c. had mend to one the Characters of feveral great Men
Judgment to stand in the Pillory, was fined 1000 for his Imitation, inftead of taking Notice of what
Marks, and bound to the Good Behaviour during they are generally famous for, pitches on fuch Qua-
Life. Cro. Car. 125. The Petition of the Seven lities only which their Enemies charge them with
Bishops in the Reign of King James 2. against the the Want of; as by propofing fuch a one to be imi-
King's Declaration, fetting forth, that it was found- tared for his Learning, who is known to be a good
ed on a difpenfing Power, which had been declared Soldier, but an illiterate, &c. this will amount to
illegal in Parliament, &c. was called a feditious a Libel. Ibid. In the making of Libels, if one Man
Libel against the King; and they refufing to give dictates, and another writes a Libel, both are guilty;
Recognizances to appear in B. R. were committed for the Writing after another fhews his Approba-
to the Tower; but being after tried at Bar, were ac- tion of what is contained in the Libel; and the
quitted. 3 Mod. 212. The Printing of a Petition to firft Reducing a Libel into Writing may be faid to
a Committee of Parliament, (which would be a Li- be the Making it, but not the Compofing: If one
bel againſt the Party complained of, were it made repeats, another writes, and a third approves what
for any other Purpofe) and delivering Copies there- is written, they are all Makers of the Libel; becaufe
of to the Members of the Committee, is not the all Perfons who concur to an unlawful A&t are guil-
Publication of a Libel, being juftified by the Order ty. 5 Mod. 167. The Making a Libel is the Genus;
and Courfe of Proceedings in Parliament. 1 Hawk. and Compofing and Contriving is one Species; Wri
P. C. 196. And fcandalous Matter in legal Pro- ting, a fecond Species; and procuring to be writ-
ceedings by Bill, Petition, &c. in a Court of Ju ten, a Third; and one may be found guilty of
ftice, amounts not to a Libel, if the Court hath Ju- Writing only, &c. 2 Salk. 419. If one writes a
rifdiction of the Caufe. Dyer 285. 4 Rep. 14. But Copy of a Libel, and does not deliver it to others,
he who delivers a Paper full of Reflections on any the Writing is no Publication: But it has been ad-
Perfon, in Nature of a Petition to a Committee, to judged, that the Copying a Libel, without Autho-
any other Perfons except the Members of Parlia-rity, is Writing a Libel, and he that thus writes it,
ment who have to do with it, may be puniſhed as
the Publiſher of a Libel. 1 Hawk. 196. And by the
better Opinion, a Perfon cannot justify the Printing
any Papers which import a Crime in another, to
inftru&t Counsel, c. but it will be a Libel. Sid. 414.
Sending an abufive Letter to one, without publifh
ing it to others, is no Libel; but if it be fent to a
third Perfon, or any Ways difperfed, it is a Publi-
cation of the Libel: And though fending a fcanda-
lous Letter to the Party himself is not a Libel, nor
can any Action be brought upon it, becauſe it is no
Publication; yet it is an high Offence. 12 Rep. 34.
1 Lev. 139. 2 Brownl. 157. It is an Offence againft
the King's Peace, punishable by Indictment; and if
Copies of it are afterwards difperfed, it aggravates
the Crime, or rather makes it a new Crime, for
which the Parry may have an A&tion. Poph. 35. Hob.
62. Writing a Letter to a Man, and abufing him
for his publick Charities, &c. is a libellous A&t, pu-
nishable by Indictment. Hob. 215. And a private
Libel, for a private Matter, as a Letter fcandalizing
is a Contriver; and that he who hath a written
Copy of a known Libel, if it is found upon him, this
fhall be Evidence of the Publication; but if fuch
Libel be not publickly known, then the bare having
a Copy is not a Publication.
2 Salk. 417. 2 Nelf.
Abr. 1122. Writing a Copy of a Libel is Writing of
a Libel, as it has the fame pernicious Confequence;
and if the Law were otherwife, Men might write.
Copies, and print them with Impunity. 2 Salk. 419.
And when a Libel appears under a Man's own Hand-
writing, and no Author is known, he is taken in
the Manner, and it turns the Proof upon him; and
if he cannot produce the Compofer, it is hard to
find that he is not the very Man. Ibid. If one reads
a Libel, or hears it read, and laughs at it, it is not
a Publiſhing; for before he reads or hears it read,
he cannot know it to be a Libel: Though if he after-
wards reads or repeats it, or any Part thereof, in
the Hearing of others, it is a Publication of ir;
yet if Part of it be repeated in Mirth, without any
malicious Purpofe of Defamation, it is faid to be
no
I.
LI
LI
1
:
Liber Taurus, A free Bull. Compertum per Fur.
quod Will de H. fuit feifitus de Libero Tauro babendo
c. Ideo Confideratum eft, quod pradictus Will. re-
cuperet damna fua qua taxantur per Fur ad iv s. pró
imparcatione ejufdem Tauri, &c. Noif. 16 Ed. 1.
no Offence. 9 Rep. 59. Moor 862. Every one con-
victed of Publishing a Libel, ought to be eſteemed
the Contriver or Procurer: The Procurer and Wri-in,
ter of a Libel have been held to be both Contri
vers; alfo the Procuring another to publish it, and
the Publiſher, are both Publiſhers: And the Con
triver, Procurer, and Publiſher of a Libel, are pu-
nishable by Fine, Imprifonment, Pillory, or other
corporal Punishment, at the Difcretion of the
Court, according to the Heinoufnefs of the Crime,
c. Moor 6.27. 5 Rep. 125. 3 Inft. 174 3 Cro 17. In
Informations and Law. Proceedings there are two
Ways of deſcribing a Libel, by the Senfe, and by the
Words; the first is cujus Tenor fequitur, and the fe-
cond Que fequitur in hac Anglicana verba, &c. in which
the Delcription is by particular Words, and where-ance. F. N. B. 132. 4 Inft. 116. This Writ is moft
of every Word is a Mark, fo that if there is any
Variance, it is fatal; in the o her Defcription by
the Senfe, it is not material to be very exact in the
Words, becauſe the Matter is defcribed by the
Senfe of them. 2 Salk. 660. One great Intention
of the Law in prohibiting Libels against Perfons, is
to reſtrain Men from endeavouring to make them-
ſelves their own Judges of Complaints, and to o-
blige them to refer the Decifion thereof to the Law,
Exc.
Liberate, is a Writ that lies for the Payment of
an yearly Penfion, or Sum of Money granted un-
der the Great Seal, and directed to the Treaſurer
and Chamberlains of the Exchequer, &c. for that
Purpofe. In another Senfe it is a Writ to the She-
riff of a County, for the Delivery of Poffeffion of
Lands and Goods extended, or taken upon the For-
feiture of a Recognizance. Alfo a Writ iffuing out
of the Chancery directed to a Gaoler for Delivery
of a Prifoner that hath put in Bail for his Appear-
commonly used for Delivery of Goods, &c. on an
Extent; and by the Extent the Conufee of a Recog-
nizance hath not any abfolure Intereft in the Goods,
until the Liberate. 2 Lill. 169. It has been adjudged,
that where an Extent is upon a Statute-Merchant,
there needs no Liberate, for the Sheriff may deliver
all in Execution without it; but where an Extent
is upon a Statute-Staple, or a Recognifance, there
muft be a Return made of fuch an Extent, and
then a Liberate before there can be a Delivery in
Execution. 3 Salk. 159. See Extent.
Liberatío, Is taken for Money, Meat, Drink,
Clothes, &c. yearly given and delivered by the Lord
to his Domeftick Servants. Blount.
their Freedom before the Juftices of Affife, and
that in the mean Time they fhould be unmolested
F. N. B. 77. Villenage, and the Appendixes thereof,
viz. Writs De nativo habendo, Libertate probanda, &c.
were of old great Titles in the Books of the Law,
but are now antiquated.
Libel, in the Spiritual Court. If upon a Libel for
any Ecclefiaftical Matter, the Defendant make a
Surmife in B. R. to have a Prohibition, and fuch
Surmife be infufficient the other Party may fhew
it to the Court, and the Judges will diſcharge it. 1 Libertate probanda, Is an ancient Writ that lay
Leon. 10, 128. This Libel ufed in Ecclefiaftical Pro- for fuch as being demanded for Villeins offered to
ceedings, confifts of three Parts. 1. The major prove themfelves free; directed to the Sheriff that
Propofition, which fhews a juft Caufe of the Peti-he fhould take Security of them for the Proving of
tion. 2. The Narration or minor Propofition. 3.
The Conclufion, or conclufive Petition, which con
joins both Propofitions, &c. and the Form of it is
as follows: the Name of God, Amen, Before you
the Worshipful T. F. Doctor of Laws, Principal Of
ficial of the Confiftory Court of York, The
Party C. D. againſt A. B. alledgeth, complaineth, Libertatibus allocandis, A Writ lying for a Ci
and propoundeth, &c. Imprimis, he doth propound, tizen or Burgefs, impleaded contrary to his Liberty,
that the faid C. D. was and is a Man very honeft, to have his Privilege allowed. Reg. Orig. 262. And
juft and upright, of good Fame, Life and Converfa- if any do claim a fpecial Liberty to be impleaded
tion, afperfed or defamed with no Crime, except within a City or Borough, and not elsewhere,
what is afterwards mentioned; and is commonly re- there may be a fpecial Writ de Libertatibus alloran
puted and efteemed as fuch, &c. Item, That not-dis, to permit the Burgeffes to ufe their Liberties,
withſtanding the Premiffes, the faid A. B. out of a
malign Spirit, in the Month of, &c. in this prefent
Year 1734, within the Parish of, c. malicioufly,
and with an Intent of defaming and injuring the
faid C. D. hath defamed and injured him, and faid
fome reproachful and defamatory Words of and a-
gainst him the faid C. D. and efpecially thefe Words
following, viz. That, &c. (here fet forth the Words)
and the Party doth propound and Article, as to
fuch Time and Manner of fpeaking the Words,
c. Wherefore, Proof being made in and upon the
Premiffes, the Party C. D. doth request and peti-
tion that the faid A. B. for fuch his Rafhnefs, may
be corrected and punished; and alfo that he may
be condemned in Charges, made in this Caufe on
the Behalf of the faid C. D. &c. (or to difown the
faid defamatory Words, &c.) or otherwife that
Right and Juftice may be adminiftred, &c.
Libera Batella, Signifies a free Boat. Per
Liberam Batellam, hoc eft, habere unam Cymbam ad
Pifcand. fubter Pontem Ceftria, &c. & ibidem cum omni
genere retium. Plac. in Itin. apud Ceftriam. 14 H. 7.
Libera Chalea habenda, Is a judicial Writ gran-
ted to a Perfon for a free Chafe belonging to his
afier Proof made by Inquiry of a Jury,
that the fame of Right belongs to him. Reg. Orig.
36.
Manor;
Libera Pifcaria, A Free Fishery, which being
granted to one, he hath a Property in the Fish, &c.
2 Salk. 637. Sce Fishing..
&c. Thefe Writs are of feveral Forms, and may
be ufed by a Corporation, or by any fingle Perfon,
as the Cafe fhall happen. New Nat. Br. 509, 510.
The Barons of the Cinque Ports, &c. may fue forth
fuch Writs, if they are delayed to have their Liber-
ties allowed them. Ibid.
Libertatibus exigendis in Itinere, An ancient
Writ whereby the King commands the Fufices in
Eyre to admit of an Attorney for the Defence of an-
other Man's Liberty. Reg. Orig. 19.
Libertas Ecclefiaftica, Church Liberty, is a fre-
quent Phrafe in old Writers who treat of Ecclefiafti-
cal Immunities. The Right of Inveftiture, extor-
ted from our Kings by the Papal Power, was at firft
the only Thing challenged by the Clergy as their
Libertas Ecclefiaftica; but by Degrees under the Title
of Church Liberty, they contended for a Freedom
of their Perfons and Poffeffions from all fecular
Power and Jurifdi&tion, as appears by the Canons
and Decrees of the Councils held by Boniface, Arch-
bishop of Canterbury, at Merton, Anno 1258. And at
London, A. D. 1260, &c. ·
Liberty, (Libertas) Is a Privilege held by Grant
or Prefcription, by which Men enjoy fome Benefit
beyond the ordinary Subject. Bract. But in a more
general Signification, it is faid to be a Power to do
as one thinks fit; unless restrained by the Law of
the Land: And it is well obſerved, that human Na-
ture is ever an Advocate for this Liberty; it being
the Gift of God to Man in his Creation, and there-
!
2
fore
LI
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fore every Thing is defirous of it, as a Sort of hold for a longer Time than one Year, are to have
Reftitution to it's Primitive State. Fortescue 96. 'Tis a Licence for it; or they incur a Forfeiture of their
upon that Account the Laws of England in all Eftates. I Inft. 63. If any Licence is given to a Per-
Cafes favour Liberty, and which is counted very fon and he abufes it, he fhall be adjudged a Trel-
precious, not only in Refpect of the Profit which paffer ab initio. 8 Rep. 146. 4. grants to B. a Way
every one obtains by his Liberty; but also in Re- over his Ground, or Licence to go through it to
fpect of the Publick. 2 Lill. Abr. 169. The People Church; by this none but B. himſelf may go in it:
of this Kingdom, are to enjoy their ancient Liber-But if one give me Licence to go over his Land with
ties, without Impeachment, by the Statute of Mag-
na Charta. No Freeman fhall be imprifoned or
condemned, without Trial by his Peers, or the
Law. Magn. Chart. c. 19. Likewife no Perfon is to
be arrested, &c. without Procefs at Law: And Mat-
ters which concern Liberty are to be ſpeedily deter-
mined, c.
Liberty to hold Pleas, Signifies to have a Court
of one's own; and to hold it before a Mayor, Bai-
liff, &c. See Franchife.
my Plough, or to cut down a Tree therein, and take
it away; by this, I may take what Help is needful
to do the fame. So if it be to hunt and kill and carry
away Deer; not if it be to hunt and kill only. 12 Á.
7. 25. 13 H. 7. 8 Co. Rep. 146. By Licence a Man
may practice Phyfick and Surgery in London; and do
divers other Things, by Statute 3 H. 8. c. 7,
Exc.
Licence to alien in Moztmain. Alienations in
Mortmain to Ecclefiaftical Perfons, &c. are reftrain-
ed by feveral Statutes; but the King may grant Li-
Liblacum, The Manner of Bewitching any Per-cences to any Perfon or Bodies Politick, &c. to alien
fon; alſo a barbarous Sacrifice. Leg. Athelftan. 6.
Libza penfa, A Pound of Money in Weight: In
former Times, it was ufual not only to tell the Mo-
ney, but to weigh it; for befides the King, feveral
Cities and Places, and fome Noblemen, had their
Mints and the Coinage of Money, which being of
ten very bad, therefore although the Pound confift-
ed of 20s. as now, they weighed it notwithstanding.
Gale's Hift. Britan. 761. We read in Domefday Regifter,
reddit nunc trigint. Libras avfas & penfatas; and that
fometimes People took their Money ad Numerum,
by Tale, in the current Coin upon Content; and
fometimes they rejected the common Coin by Tale,
and would melt it down to take it by Weight ad Sca-
lam, when purified from the Drofs and too great
Allay; for which Purpoſe they had in thofe Days
always a Fire ready in the Exchequer to burn the
Money and then weigh it. Domefd.
Libary, Where a Library is erected in any Pa-
rifh, it fhall be preferved for the Ufes directed by
the Founder And Incumbents and Minifters of
Parishes, c. are to give Security therefore, and
make Catalogues of the Books, &c. None of the
Books fhall be alienable, without Confent of the Bi-
fhop, and then only where there is a Duplicate of
fuch Books: If any Book fhall be taken away and
detained, a Juftice's Warrant may be iffued to
fearch for and reftore the fame: Alfo Action of
Trover may be brought in the Name of the proper
Ordinary, &c. And Bifhops have Power to make
Rules and Orders concerning Libraries, appoint
Perfons to view their Condition, and inquire of the
State of them in their Vifitations. Stat. 7 Ann.
cap. 14.
Libzata terræ, Is a Quantity of Land contain
ing four Oxgangs: But fome fay it is fo much
Ground only as is worth yearly 20s. of current
Money. Skene. See Fardingdeal.
or hold Lands in Mortmain. 27 Ed. 1. 7 & 8 W. 3.
c. 37. See Mortmain.
Licence to arife, (Licentia furgendi) Is a Liberty
or Space of Time given by the Court to a Tenant
to arife out of his Bed, who is effoined de malo lecti
in a real Action: And it is alfo the Writ thereupon.
Bracton. And the Law in this Cafe is, that the
Tenant may not arife or go out of his Chamber,
until he hath been viewed by Knights thereto ap-
pointed, and hath a Day affigned him to appear:
the Reafon whereof is, that it may be known, whe-
ther he caufed himſelf to be effoined deceitfully, or
not; and if the Demandant can prove that he was
feen abroad before the View or Licence of the Court,
he fhall be taken to be deceitfully effoined, and
to have made Default. Bracton, lib. 5. Fleta, lib. 6.
cap. 10.
Licence, (Licentia) Is a Power or Authority given
to a Man to do fome lawful A&t: And is a perfonal
Liberty to the Party to whom given, which cannot
be transferred over; but it may be made to a Man,
or his Affigns, &c. 12 H. 7. 25. There may be a pa-
rol Licence, as well as by Deed in Writing; but if
it be not for a certain Time, it paffes no Intercft.
2 Nelf. Abr. 1123. And if there be no Time certain
in the Licence; as if a Man licenſe another to dig
Clay, &c. in his Land, but doth not fay for how
long, the Licence may be countermanded; though
if it be until fuch a Time, he cannot. Poph. 151. If
a Leffor licences his Leffee, (who is reftrained by
Covenant from aliening without Licence) to alien,
and fuch Leffor dies before he aliens, this is no
Countermand of the Licence: So it is if the Leffor
grants over his Eftate. Cro. Fac. 103. But where a
Lord of a Manor for Life granteth a Licence to a
Copyhold Tenant to alien, and dieth; the Licence
is deftroyed, and the Power of Alienation ceafeth.
1 Inft. 52. Copyhold Tenants leafing their Copy-1
Licence to found a Church, granted by the King.
See Church.
de' Eflire directed to the Dean and Chapter to elect
Licence to go to Election of Biſhops is by Conge
the Perfon named by the King, &c. Reg. Writs 294.
Stat. 25 H. 8. c. 20.
Licence of the King to go beyond Sca, may be
revoked before the Time expires, because it con-
cerns the publick Good. Fenk. Cent. Sec Ne exeat
Regnum.
grant Licences for the Marrying of Perfons; and
Licence of Marriage. Bishops have Power to
Parfons marrying any Perfon without Publiſhing
the Bands of Matrimony, or without Licence, incur
a Forfeiture of 100 7. &c. by Statute 7 & 8 W. 3.
cap. 35.
Licence to erect a Park, Warren, &c. See Park
and Warren.
the King's Silver-is paid on paffing a Fine, mentioned
Licentia concordandi, Is that Licence for which
in the Statute 12 Car. 2. c. 12.
Licentia Transreftandi, Is a Writ or Warrant
directed to the Keeper of the Port of Dover, or o-
ther Sea Port, commanding them to let fuch Per-
fons pafs over Sea, who have obtained the King's
Licence thereunto. Reg. Orig. 193.
as much as to hang a Man firft, and judge him after-
Lidford Law, Is a proverbial Speech, intending
wards.
Liege, (Ligeus) Is uſed for Liege Lord, and fome-
times for Liege Man: Liege Lord is he that acknow-
ledgeth no Superior; and Liege Man is he which
oweth Allegiance to his Liege Lord. 34 35 H. S.
The King's Subjects are called Liege People, becauſe
they owe and are bound to pay Allegiance to him.
Stat. 8 H. 6. c. 10. 14 H. S. c. 2. But in antient Times,
private Perfons, as Lords of Manors, &c. had their
Lieges. Skene faith, that this Word is derived from
the Ital. Liga, a Bond or League; others derive it
from Litis, which is a Man wholly at the Command
of the Lord. Blount.
6 D
Ligeance,
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:
Ligeance, (Ligeantia) Is the true and faithful
Obedience of a Subject to his Sovereign: And is alfo
applied to the Territory and Dominion of the liege
Lord; as Children born out of the Ligeance of the
King, &c. Stat. 25 Ed. 3. Co. Litt. 129.
Ligeanty, (Ligeantia) Is fuch a Dury or Fealty,
as no Man may owe or bear to more than one Lord;
and therefore it is uſed for that Duty and Allegi-
ance, which every good Subject oweth to his liege
Lord the King. It has been thus defined, Ligeantia
eft Vinculum arctius inter Subditum & Regem utrofque
invicem connectens; hunc ad Protectionem & juftum re.
gimen, illos ad Tributa & debitam fubjectionem. As
there is a mutual Connection of Dominion and Fi-
delity between Lords and Tenants, fo there is a
higher and greater Connection between the King
and Subject: For the Subject oweth to the King his
faithful Obedience and ought to prefer the Service
of his Prince and Country before the Safety of his
Life; and the Sovereign is to protect and defend his
Subje&ts. Fortefcue. See Allegiance.
Lien, (Fr.) Is a Word ufed in the Law, of two
Significations: Perfonal Lien, fuch as a Bond, Cove-a
nant or Contract; and Real Lien, a Judgment, Sta-
tute, Recognizance, which oblige and affect the
Land. Terms de Ley 427.
Lieu, Inftead or in Place of another Thing. Lit.
Dict. And when one Thing doth come in the Place
of another, it fhall be of the fame Nature as that
was; as in Caſe of an Exchange, &c. 2 Shep. Abr.
359.
Perfon, who builds thereupon to the Nufance of
the Lights of the firft Houfe, the Leffee of the firft
Houfe may have an Action of the Cafe against fuch
Builder, &c. And though formerly they were to
be Lights of an antient Meffuage, that is now alter-
ed. Mod. Ca. 116, 314.
Lignagium, Signifies the Right which a Man
hath to the cutting of Fuel in Woods; and fome-
times it is taken for a Tribute or Payment due for
the fame.
Lignum Mite, An Apothecary's Drug, of great
Price. Lignum vite of the Product of the British
Plantations in America may be imported free from
all Cuftoms and Impofitions. Stat. I Geo. I. c. 17.
Ligula, A Copy or Tranfcript of a Court-Roll
or Deed; mentioned by Sir John Maynard in his
Mem. in Scaccar. 12 Ed. 1.
Limitation, (Limitatio) Is a certain Time affign'd
by Statute, within which an Action must be brought:
And Limitation of Time is two-fold, viz. To make
Title to an Inheritance by the Common Law; and
in Writs, by feveral Statutes. I Inft. 115. There is
Limitation in Real and Perfonal Actions; and in
the former, he that will fue for any Lands or He-
reditaments, ought to prove that he or his Anceſtors
were feifed of the Lands fued for by Writ of Aſſiſe,
or he cannot maintain his Action: And this is cal
led Limitation of Affife. F. N. B. 17. Stat. Weft. 1.
c. 38. The Seifin of one's Ancestor in a Writ of
Right, was formerly to be from the Time of King
R. 1. In Affife of Novel Diffeifin from Hen. 3d's Voy-
age into Gafcoign; and in a Mortdancestor, Writ of
Aiel, &c. from the Coronation of King H. 3. by
3 Ed. 1. c. 39. No Perfon fhall have any Writ of
Right, or make any Title or Claim to any Lands,
Lieu conus, In Law Proceedings, fignifies a
Caftle, Manor, or other notorious Place, well
known and generally taken Notice of by thofe that
dwell about it. 2 Lill. Abr. 641. A Venire facias, for
a Jury to appear, may be from a Lieu Conus: And&c. of the Poffeffion of his Ancestors, but of a Sei-
a Fine or Recovery of Lands in a Lieu Conus, is
good; but it is faid in a Scire fac. to have Execution
of fuch Fine, the Vill or Parish must be naméd.
2 Cro. 574. 2 Mod. Rep. 48, 49.
Life-Bent, A Rent which a Man receives for
Term of Life, or for Suftentation of it. Skene.
If a
fin within fixty Years, next before the Tefte of the
Writ, &c. In Affife of Mortdancestor, Writ of Entry
fur Diffeifin, or rather poffeffory Action, upon the
Poffeffion of an Ancestor, it must be within fifty
Lieutenant, (Lorum tenens) Is the King's Deputy, Years; and upon the Parry's own Poffeffion, within
or he that exerciſes the King's or any Other's Place, thirty Years, and the Plaintiff is barred, not proving
and repreſents his Perfon; as the Lieutenant of Ire-fuch Poffeffion, &c. 32 H. 8. c. 2. This Statute
land. Stat. 4 Hen. 4. c. 6. and 2 & 3 Ed 6. c. 2. The extends not to a Writ of Right of Advowſon, &c.
Lieutenant of the Ordnance. 39 Eliz. cap. 7. And the by Stat. 1 M. c. 5. The 21 Fac. 1. c. 16. ordains,
Lieutenant of the Tower, an Officer under the Confta- that all Writs of Formedon, &c. for Title to Lands in
ble, &c. And the Word Lieutenant is ufed for a mili-Effe, fhall be fued and profecuted within twenty Years
tary Officer, next in Command to the Captain. after the Title had: But there is a Provifo in the
Life, (Vita) Is common Nature; and the Life of Statutes, to relieve Infants, Feme Covers, Perfons
every Man is under the Protection of the Law. beyond Sea or in Priſon, and the Heirs of fuch Per-
Wood's Inft. 11. A Leafe made to a Perfon during fons, fo as they commence their Suits within the
Life, is determinable by a civil Death; but if it be Times limited after their Impediments are removed.
to hold during natural Life, it will be otherwife. It has been held, that the Act 32 H. S. doth not ex-
2 Rep. 48.
tend to Rent or Services, &c. our of Land: And one
that hath been out of Poffeffion for fixty Years, if
his Entry is not taken away, may enter and bring his
Action for his own Poffeffion. Wood's Inft. 557.
Man hath been in Poffeffion twenty Years, without
Interruption, and afterwards another gets into Pof
feffion, he may bring an Ejectment; becauſe twenty
Years Poffeffion is a good Title in him to maintain
A&tion of Ejectment, as if he had at that Time been
actually poffeffed: Tho' if the Plaintiff be out of
Poffeffion more than twenty Years, where there is
an Actual Diffeifin, and not a Diffeifin by Perception
of Profits, &c. only, he is barred by the Statute of
Limitations. 2 Salk. 421, 423. By Statute, Actions
of Debt, Actions upon the Cafe, (except for Words)
Actions of Account (except concerning Merchan-
dife) of Detinue, Trover and Trefpafs, are to be
commenced within fix Years after the Caufe of A&ti-
on, and not after; Actions of Affault and Battery,
wounding and Imprisonment, within four Years; and
for Slander within two Years after the Caufe of Ac-
tion, &c. 21 Fac. 1. c. 16. If theſe perfonal A&ti-
ons are not brought in the Time limited by this Sta-
tute, they are barred: And the Statute of Limitati-
ons is a good Bar to Suit for Seamen's Wages, if it
Lighter-men, Are thofe that carry away by Wa-
ter, Dung and Rubbish, or Coals, &c. in Lighters,
from the City of London. 22 & 23 Car. 2.
Light-house. A uſeful Light to be placed in a
Light-house erected on the Ediftone, by the Mafter,
Wardens and Affiftants of Trinity-house of Deptford
Strond; and Mafters of Ships paffing by the fame,
are to pay a certain Tonnage Duty, &c. Stat. 4
5 Ann. The like A&t concerning the Light-house built
by William Trench, Efq; on the Ifland or Rock cal-
led Skerries, near Holyhead in the County of Anglefea.
3 Geo. 2. cap. 36.
Lights. Stopping Lights of a Houfe is a Nufance;
but ftopping a Profpect is not, being only Matter
of Delight, not of Neceffity: And a Perfon may
have either an Aſſife of Nuſance against the Perfon
erecting any fuch Nufance, or he may ftand on his
own Ground and abate it. 9 Rep. 58. 1 Mod. 54. If
a Man has a vacant Picce of Ground, and builds
thereupon a Houfe, with good Lights, which he
fells or lets to another; and after he builds upon
Ground contiguous, or lets the fame to another
?
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Limitation of Estate, In a legal Senfe, imports
how long the Eftate fhall continue, or is rather a
Qualification of a precedent Eftare. A Limitation is
gererally by fuch Words as Durante Vita, Quamdiu,
dum, &c. And if there be not a Performance ac-
cording to the Limitation, it fhall determine an E-
ftate without Entry or Claim; which a Condition
doth not.
10 Rep. 41. 1 Inft 204. It is taken for
the Compafs and Time of an Estate: As where one
doth give Lands to a Man, to hold to him and his
Heirs Males, and to him and the Heirs Females, &c.
here the Daughters fhall not have any Thing in it,
fo long as there is a Male, for the Eftate to the
Heirs Males is first limited. Co. Lit. 3, 13. If a Li-
mitation of an Eftate be uncertain, the Limitation is
void; and the Eſtate ſhall remain as if there had
been no fuch Limitation. Cro. Eliz. 216. But a Thing
that is limited in a Will by plain Words, ſhall not
be afterwards made uncertain by general Words
which follow it.
is well pleaded. Mod. Ca. 26. 4 & 5 Ann. c. 16. The accrued more than fix Years before, &c. Yet the
Exception in the Statute of Limitations, as to Action Statute in that Cafe, and all others muſt be plead-
of Accounts, extends to Accounts current only be-ed; because it may be the Original was futed with
tween Merchants; for when an Account is ftated in the Time limited, after the Caufe of Action, and
and balanced, Debt lies, and the Action muft the Plaintiff fhould have an Opportunity to reply
be brought within fix Years: The Statute is not fuch Matter. Ibid. 838. A Defendant in an Action
pleadable to an Account current, but it is to an of the Cafe for Goods fold, &c. pleaded Non Aſſump-
I Mod. 70, 268.
Account ftated.
Saund. 124. fit infra fex Annos: The Plaintiff replied, that from
When Money is to be paid as a Truft, it is not with- the Time of the Promife to fuch a Day, the Defen-
in the Statute of Limitations. March 151. 2 Ventr. 345. dant was a Member of Parliament,. and then the Ci-
and
Sec 2 P. Williams. Where Debt is brought against a vil Wars began, and continued till fuch a Day,
Sheriff for Money levied in Execution of a Judg- that he brought his Action within fix Years after
ment, it is not within the Statute; becauſe the Action the War ended, &c. On a Demurrer, the Replica-
is brought against the Defendant as an Officer, and tion was adjudged ill; and it was held that the
the Law creates no Contract. 2 Mod. 213. If the Plaintiff ought to have filed an Original, which is
Confideration of a Promife is execatory, or Money no Breach of Privilege. Carthew 137. But fee
is to be paid on Requeft, &c. it is not material when Stat. 2 Ann. under Parliament. The King is not
the Promife was made, but when the Caufe of Action within the general Acts of Limitation; nor Eccle-
did arife; and the Defendant ought to plead that Cau- fiaftical Perfons, for Lands belonging to their
422.
Churches. 11 Rep. 74.
fa Actionis non accrevit infra fex annos, &c. 2 Salk.
When Words are actionable in themſelves, theré
Damages fhall be recovered according as they were
firft fpoken, if the Action be brought within two
Years, as required by the Statute of Limitations; and
otherwife the Party will be barred by the Statute:
But where the Words are actionable only in refpe&t
of the fpecial Damages which happen after the
Speaking, in fuch Cafe, if the Damage is feven
Years afterwards, it is no Bar. Sid. 95. An Action
barrable by the Statute, a freſh Promife will revive
ir. By the Opinion of all the Judges of England, a
Promife after the fix Years limited brings the Mat-
ter out of the Statute of Limitations; and that own.
ing of the Debt does not go fo far, but is Evidence of
a Promiſe: But if the Declaration be laid of a Pro
miſe to the Teftator, Evidence of a Promife to the
Executor will not maintain it. Mich. 3 Ann. Mod. Ca.
309, 310. A Conditional Promife amounts to a Wai-
ver of the Statute, and revives the Debt; and a bare
Hill. 23 Car. B. R. Where a De-
Acknowledgment of the Debt within fix Years of the
Action, will prevent the Statute of Limitations, tho' vife is to the eldeſt Son, upon Condition that he
new Promiſe was made. Carthew's Rep. 471. pays fuch Legacies; and if he refuſes, the Land
3 Salk. 228. If a Perfon who is indebted by Note, fhall remain to the Legatees: On his Refufal the
or owes a Book Debt, and no Demand has been Legatees may enter by way of Limitation. Noy 5.1.
made of it in fix Years, doth publiſh an Advertiſe. And in all Cafes, where after a Condition, an Inte-
ment in the News Papers, that all Debts due from reft is granted to a Stranger, it is a Limitaton.
him ſhall be paid, on the Creditors applying to fuch Leon. 269. Cro. Eliz. 204. It was held by Holt, C.
a Place. By this, although it be general, (and may J. that the Statute de Donis 13 Ed. 1. ought not to
be intended of legal fubfifting Debts only) a Debt be taken ftri&tly; but all Limitations within the
barred by the Statute must be paid: But no Intercft Meaning of it are to be fupported: And therefore
fhall be allowed on any fuch Note. Preced. Canc. Words of an exprefs Condition be not ordinarily
385. A Latitat, taken out and filed, and continued, conftrued as a Limitation; yet when an Estate is to
is an Avoidance of the Statute; for it is a Demand, remain over for Breach of any Condition, which is
and a good Bringing of an Action within the Time by the exprefs Words thereof, it ſhould be intended
mentioned by the Statute of Limitations. 3 Salk.a Limitation. Trin. 4 Ann. Lands may be given and
229. 1 Lill. Abr. 19. If after Proceedings in an
inferior Court the fix Years expire, and then the
Caufe is removed into B. R. the Plaintiff may fet
forth the Suit below, and aver that to be within
fix Years, &c. and thereby prevent the Bar of the
Statute. Sid. 228. 2 Salk. 424. If a Plaintiff is beyond
Sea when the Caufe of Action doth accrue, he fhall
have Liberty at his Return to bring it; but if the
Defendant is beyond Sea, and the Plaintiff here, he
ought to file an Original againſt the Defendant, and
continue it till he returns; and if he do not file an
Original, or outlaw the Defendant, the Statute of
Limitations will bar him. 2 Salk. 420. This Law is
altered by a late Statute; for now when the Defen-
dant is beyond Sea, the Plaintiff may bring his Ac-
tion againſt him after his Return, fo as he do it with-
in the Time limited by the Statutes. 45 Ann. c. 15.
Where one fues an original Writ, a Latitat in B. R.
or Claufum fregit in the Common Pleas, and does not
return the Writ, it will not avoid the Statute of
Limitations; for it must be fhewn that the Writ
was returned. 2 Ld. Raym. 883. Though it appears
by the Plaintiff's Declaration, the Caufe of Action
no
་
:
1
limited to one in Tail, Remainder to another, Re-
mainder in Fee, &c. Though a Limitation of an E-
ftate cannot begin after the Determination of an ab-
folute Estate in Fec-fimple; for that would be to
fuffer Perpetuities to be made, which the Law ab-
hors. 2 Lill. Abr. 173. Limitations of Eftates againſt
Law, creating a new Form of Inheritance, will not
be fuffered to take Effect. fenk. Cent. 82.
Limitation of the Crown. The Statutes 1 W. &
M. c. 8. 12 W. 3. c. 2. and 1& 2 Ann. c. 17. 4 Ann.
c. 8. &c. are Acts for the Limitation of the Crown,
and fettling it on Proteftant Heirs in the House of
Hanover. Sec Crown.
Linarium, A Flax-plat, where Flax is fown.
Et Meſſuagium, &c. cum Linario, quod jacet
juxta predict. Meffuagium. Pat. 22 Hen. 4. Par. 1.
m. 33.
Lincoln's Inn Fields, to be incloſed by Trustees,
who may employ Artificers, c. And Yearly Rates
fhall be made on all Houfes there, not exceeding
2 s. 6d. in the Pound: This Square and back Streets
are to be a diftin&t Ward, as to the Scavengers
Rates and Watch; and Perfons annoying the Fields
by
?
LI
LI
:
by Filth, to forfeit 20 s. and affembling to ufe Sports,
or breaking Fences, &c. incurs a Forfeiture of 40s.
levied by Juftice of Peace's Warrant. Stat. 8 Geo. 2.
c. 26..
Lindesfern, A Place often mentioned in our an-
cient Hiftories; being formerly a Bishop's See,
now Holy Island.
Linen. No Perfon fhall put to Sale any Piece of
Doulas Linen, &c. unless the juft Length be expreffed
thereon, on Pain to forfeit the fame. 28 H. S. c. 4.
Ufing Means whereby Linen Cloth fhall be made
deceitfully, incurs a Forfeiture of the Linen, and a
Month's Imprifonment. Stat. 1 Eliz. c. 12. Any
Perfons may fet up Trades of dreffing Hemp or Flax,
and making Thread for Linen Cloth, &c. 15 Car. 2.
c. 15. And Linen of all Sorts made of Flax or Hemp,
of the Manufacture of this Kingdom may be expor
ted Duty-free. 3 Geo. 1. c. 7. Linen made in Great
Britain and Ireland being much improved, to extend
it farther, a Bounty of one Penny for every Yard
of fuch Linens from 6d. to 12 d. per Yard, and a
Half-peny for cach Yard, under 6 d. Price is
granted on Exporting them; payable out of a Duty
laid on foreign Cambricks, by 15 Geo. 2. cap. 29.
Stealing of Linen, &c. from Whitening Grounds or
Drying Houſes, to the Value of 10 s. is Felony.
Star. 4 Geo. 2. c. 16.
Linfeed, All Perfons may import Linfeed into this
Kingdom, without paying any Cuftom for it. Stat.
3 Geo. I.
Litera, (From the Fr. Litiere, or Lidiere, Lat.
Lectum) Was anciently ufed for Straw for a Bed,
even the King's Bed. Petrus A. tenuit, &c. per
Serjeantiam inveniendi unum Servientem cum Hambergello
per 40 Dies, & inveniend. Literam ad Le&tum Regis,
Fonum ad Palfridum Regis, quando jacuerit apud, c.
Term. Hill. 1 Ed. 2. Litter is now only in Ufe in
Stables among Horfes; And Tres Carectatas Litera
is three Cart-loads of Straw or Litter. Mon. Angl.
Tom. 2. pag 33.
Litere Ad faciendum Attornatum pro fecta faciend.
Reg. Orig. 192.
Litera Canonici ad Exercendam Jurifdictionem loco fuo.
Ibid. 395.
དྷྭ་
Gown, Hat, o. which a Nobleman or Gentleman
gives to his Servants or Followers, with Cognifance
or without; mentioned in the R. 2. c. 7. and di-
vers other Statutes: And formerly great Men gave
Liveries to feveral who were nor of their Family,
to engage them in their Quarrels for that Year; but
afterwards it was ordained, that no Man of any
Condition whatfoever, fhould give any Livery bur
to his Domefticks, his Officers, or Counfel learned
in the Law. By 1 R. 2. it was prohibited on Pain
of Imprisonment; and the 1 Hen. 4. c. 7. made the
Offenders liable to Ranfom at the King's Will, &c.
which Statute was farther confirmed and explained,
Anno 27 Hen. 4. and 8 Hen. 6. c. 4. and yet
this Offence was fo deeply rooted, that Edw. 4. was
obliged to confirm the former Statutes, and further
to extend the Meaning of them, adding a Penalty
of 51. on every one that gives fuch Livery, and the
like on every one retained for Maintenance either
by Writing, Oath, or Promife, for every Month. 8
Ed. 4. c. 2. But most of the above Statutes are re-
pealed by 3 Car. I. c. 4. Livery in the fecond Signi-
fication, was a Delivery of Poffeffion to thofe Te-
nants which held of the King in Capite, or Knights
Service; as the King by his Prerogative hath Primer
Seifin of all Lands and Tenements fo holden of him.
Staundf. Prarog. 12. In the third Ufe, Livery was the
Writ which lay for the Heir of Age, to obtain the
Poffeffion or Seifin of his Lands at the King's Hands.
F. N. B. 155. By the Statute 12 Car. 2. c. 24.
Wardships, Liveries, &c. are taken away.
All
And it is
Livery of Seitin, (Liberatio Seifine) Is a Delivery
of Poffeffion of Lands, Tenements and Heredita-
ments, unto one that hath Right to the fame; be-
ing a Ceremony in the Common Law uſed in the
Conveyance of Lands, &c. where an Eftate of Fee-
fimple, Fee-tail, or other Freehold paffeth. Bract.
lib. 2. cap. 18. Weft. Symb. par. i. lib. 2.
a Teftimonial of the willing Departing of him who
makes the Livery, from the Thing whereof the Li-
Literatura. Ad Literaturam ponere, fignifies to put very is made; and of the willing Acceptance of the
Children out to School; which Liberty was anci-other Party receiving the Livery; firft invented that
enty denied to thofe Parents who were fervile Te- the common People might have Knowledge of the
nants, without the Confent of the Lord: And this paffing or Alteration of Eftates from Man to Man,
Prohibition of educating Sons to Learning, was owing and thereby be better able to try in whom the
to this Reason; for Fear the Son being bred to Right of Poffeffion of Lands and Tenements were,
Letters might enter into Orders, and fo ftop or di-if the fame fhould be contefted, and they should
vert the Services which he might otherwife do as be impanelled on Juries, or otherwife have to do
Heir to his Father. Quilibet cuflumarius Tenen concerning the fame. Weft. Ibid. This Livery may
non debet Filium fuum ad Literaturain ponere, neq; be made of a Houſe, Lands, or any Thing corporeal;
Filiam fuam maritare, fine Licentia a voluntat. Dom. but not of incorporeal Things. Where a Houſe and
Paroch. Antiq. 401.
Lands are conveyed, the Houfe is the principal,
and the Lands acceffory; and there the Livery must
be made, and not upon the Land.
Leon. 374. And of Livery and Seifin there are two
2 Rep. 31. 4.
Kinds; a Livery in Deed, and Livery in Law: Livery
in Deed is when the Feoffor taketh the Ring of
the Door, &c. and delivereth the fame to the Feoffee,
in the Name of Seifin. 1 Inft. 48. 6 Rep 26.
And Livery in Deed may be either by Words, and
fome folemn A&t; or by Words without any folemn
A&t, if the Feoffor and Fcoffee are on the Land.
Wood's Inft. 237. Livery in Law is when the Feoffor
himſelf being in View of the Houfe or Land, faith
to the Feoffee, after Delivery of the Deed, I give
to you yonder Land, &c. to you and your Heirs, go into
the fame and take Poffeffion accordingly; now if the
Feoffee enters on the Land, during the Life-time of
the Feoffor, it is a good Feoffment and Livery. 1 Inft.
Litigious. The Litigioufness of a Church, is 48, 52. If a Deed of Feoffment be delivered upon
where feveral Perfons have or pretend to feveral the Land, in the Name of Seifin of all the Lands,
Titles to the Patronage, and prefent feveral Clerks it will be a good Livery and Seifin; but the bare Deli-
to the Ordinary; it excufes him for refusing to ad- very of a Deed upon the Land, though it may make
mit any
of them, till a Trial of the Right by Fure the Deed, it fhall not amount to Livery and Seifin,
Patronatus, or otherwife. Fenk. Cent. 11.
without thofe Words. 1 Inft. 52, 181. If one makes
Livery, (Fr. Livre, i. e. Infigne Geftamen, or Lia Feoffment to four Perfons, and Seifin is delivered
verer, i. c. Tradere) Hath three Significations. In to Three of them, in the Name of All; the Estate
one Senfe, it is uſed for a Suit of Clothes, Cloak, is vefted in all of Them. 3 Rep. 26. And if Lands
3
Literx Per quas Dominus remittit Curiam fuam Regi.
Ibid. 4.
Litere De Requeflu. Ibid. 129. See thefe in their
proper Places.
Literæ folutozie, Were magical Characters fup-
pofed to be of fuch Power, that it was impoffible
for any one to bind thoſe Perſons who carried thefe
about them. Bede, lib. 4. c. 22.
Lith of Pickering, In the County of York, viz.
The Liberty, or a Member of Pickering, from the
Sax. Lid, i. e. Membrum.
Litigator, (Lat.) A Party Pleading, that contends
or Litigates a Suit at Law. Lit. Dict.
}
lia
LI
LO
lie in divers Places in one County, Livery and Seifin and Grantee, or the Attornies by them authorifed,
in one Parcel in one Place, in the Name of the come to the Door of the Houfe, or fome Part of
Reft is fufficient; though if the Lands lie in feve the Land; and there having declared the Caufe of
ral Counties, it is otherwife; for then Livery and their Meeting, in the Prefence of Witneffes, they
Seifin must be in every County. Lit. 61. No Per-read the Deed or the Contents thereof; and if by
fon ought to be in the Houfe, or upon the Land, Attorney, the Power of Attorney; and then, if it
when Livery is made, but the Feoffor and Feoffee;
all others are to be removed from it: If the Lef-
for Feoffor makes Livery and Seifin, the Leffee be-
ing upon the Land contradicting it, the Livery is
void. Cro. Eliz. 321. A Leffor enfeoffed a Stranger,
and came to make Livery and Seifin, the Leffce's
Wife being in the Houle, the Leffor enters, and
by Force turns the Wife into the Backfide, which
was Part of the Land let, and then he makes Livery
in the Houſe, in the Name of all the Lands let;
as the Woman was remaining all the while upon
the Land, and contradicting the Livery, the Livery
was held void: But if he had voluntarily gone out
of the Houſe, upon Part of the Land; or the Leffor
had turned her into the Street, fo that ſhe had not
been upon any Part of the Land; it had been
good. Dalif. Rep. 94. If a Man agrees with me to
make a Feoffment upon Condition, and after makes
a Charter of Feoffment without any Condition,
be a Houfe they take the Ring, Latch or Key of
the Door, (all the People being out of the Houſe,)
or if it be Land, a Clod of Earth, and a Twig or
Bough of one of the Trees thercon; and the fame
Ring or Key, Clod, &c. with the Deed they de-
liver to the Grantee or his Attorney, faying the
ufual Words, viz. I A. B. do hereby deliver anto you
C. D. Poffeffion and Seifin of this Meffuage or Tenement,
&c. To hold to you, your Heirs and Affigns, according to
the true Intent and Meaning of this Indenture, &c. And
afterwards, if it be a Houfe, the Grantee, &c. en-
ters firft alone, and fhuts to the Door; and then
he opens it, and lets in others. Accomp. Convey. 2d
Edit. Vol. 1.
Livery and Seifin endorſed on the Deed.
and then makes Livery and Seigin fecundum formam Megion and Seifen was bad and taken of the Meffuage
of the Attornies within named, and by him delivered over
unto the within named C. D. To hold to him, his
Heirs, &c. according to the Contents and true Meaning of
the within written Indenture, in the Prefence of, &c.
-
=
Charta, this is abfolute without any Condition; for or Tenement, and Premises within granted, by A. B. one
the Livery is not made according to the Agreement,
but according to the Charter. 34 Aff. 1. But if a
Perfon enfeoffs another, as a Security for the Pay-
ment of Money, and afterwards makes Livery of Sei-
fin to him and his Heirs generally; the Eftate hath
been holden to be upon Condition, fince the Intent If a Houfe or Lands belong to an Office, by Grant
of the Parties was not changed, but continued at of the Office by Deed, the Houfe or Land paffeth
the Time of the Livery. 1 Inft. 222. And where a without Livery: And by a Fine, which is a Feoff-
Charter of Feoffment is made, and in the Deed there ment of Record; by a Leafe and Releaſe; Bargain
is no Condition; but when the, Feoffor would make and Sale by Deed inrolled; Exchange, &c. a Free-
Livery of Seifin to the Feoffee by Force of the Deed, hold paffeth, without Livery; and fo in a Deed of
he expreffing the Eftate, makes Livery of Seifin upon Feoffment to Ufes, by Virtue of the Statute of Ufes.
Condition, the Feoffment is of Force as if it had 1 Inft. 49. So that Livery and Seifin is not fo com-
not been made. Lit. Sect. 359. 2 Danu. Abr. 13. monly used as formerly; neither can Eftates be
A Man makes a Leafe for Years, Remainder to an-created now by Livery and Seifin only, without Wri-
other for Life, in Tail or in Fee: Here Livery ting. Stat. 29 Car. c. 3.
and Seifin in Deed must be made to the Leffee for Livery and Dufter le Maine, is where by Inqueft
Years; without which nothing paffeth to him in Re- before the Efcheator, it was found that nothing was
mainder, it being for the Benefit of him in Re-held of the King; then he was immediately com-
mainder, and not the Leffee who hath only a Term: manded by Writ, to put from his Hands the Lands
And if the Leffee entreth, before Livery and Seifin, taken into the King's Hand. Stat. 29 Ed. 1. 28 E. 3.
made to him, the Livery will be void. Lit. 60. I c. 4. vide Oußter le Maine.
Inft. 49. Wood's Inft. 238. A Leafe for Years is
granted to A. B. with Remainder to his right
Heirs, whereon Livery is made; the Remainder is
void, becauſe there is not any Perfon in effe, who
can preſently take by the Livery; and every Livery
ought to have its Operation prefently. 4 Leon. 67.
There was a Leafe made to a Man and his Wife,
and their Daughter, to hold from Michaelmas next,
and the Leffor made Livery after Michaelmas; this
was adjudg'd good, being made by the Leffor him-
felf; but it had been otherwife, if it had been to be
done by Attorney, or if the Leffor had made Livery
before Michaelmas. 2 Rol. Rep. 109. Leafe for twenty-
ty Years to a Man to commence from a Time paft;
and after the Expiration of the faid Term, then to
him and his Wife, and their Son, for their Lives, Lobsters. No Perfons fhall, with Trunks, Hoop-
and the longeſt Liver of them, with a Letter of At-Nets, &c. take any Lobsters on the Sea Coast of
torney to make Livery and Seifin, &c. It is a good Scotland, from the ift of June to the ift of Septem-
Leafe for Years, with Remainder for Life, if Livery ber yearly, on Pain of 5. to be recovered before
and Seifin be made by the Attorney at the Time of two Juftices. Stat. 9 Geo. 2. c. 33.
executing the Leafe; but if the Livery and Seifin be Local, (Localis) Tied or annexed to a certain
made by the Attorney fome Time afterwards, in Place: Real Actions are local, and to be brought in
fuch Cafe it is faid the Livery is void. Moor 14. A the County where the Lands lie; but a Perfonal
Man may take a Letter of Attorney to deliver Sei- Action, as of Trefpals for Battery, &c. is tranfitory,
fin by Force of the Deed, which may be contained not local; and it is not material that the Action
in the fame Deed; and a Letter of Attorney may fhould be tried or laid in the fame County where
be likewife made to receive Livery and Seifen. 5 Rep. the Fact was done; and if the Place be fet down,
1 Inft. 49, 52. The Manner of making Livery it is not needful that the Defendant fhould traverfe
of Seifin is thus: The Parties to the Deed, Grantor the Place, by faying he did not commit the Battery
91.
Livery-Men of London. In the Companies of
London, Livery-Men are chofen out of the Freemen
as Affiftants to the Mafters and Wardens in Matters
of Council, and for better Government; and if any
Livery-Man refufe to take upon him the Office, the
Lord Mayor and Aldermen may fine him, and bring
an Action of Debt for the Sum. 1 Mod. Rep. 10.
See London.
Libre, Is a Piece of Foreign Coin, in France going
for 1 s. 6 d. and in other Countries of lefs Value;
but in Spain their Livres pafs at 5 s. Accounts are kept
by this Money in France, Spain, &c. Merch. Di&.
Lobb, and Loich-fih. The Lob is a North Sea-
Fifh; and Loich comprehends Lob, Ling and Cod.
Stat. 3 Ed. 3. c. 2.
6 E
in
LO
LO
in the Place mentioned, e. Kitib. 230. A Thing
is local that is fixed to the Freehold. Ibid. 180. See
Action
ftice of Gaol, Delivery; Efcbeator within the Liberties.
and Bail of the River Thames, &c. He is a High
Officer in the City, having all Courts for Diftribu
antion of Juftice under his Jurifdiction, viz. The Couri
of Huftings, Sheriff's Court, Mayor's Court, Court
of Common Council, &c. Infi, 330. King Hen. 4.
Granted to the Mayor and Commonalty of London,
the Affife of Bread, Beer, Ale, &c. and Victuals,
and Things Saleable in the City. In London every
Lockman. In the Isle of Man, the Lockman is
Officer to execute, the Orders of the Governor,
much like our Under-Sheriff. King's Defcript. Ifle of
Man 26,
.'
feife
Loculus, Signifies a Coffin. Cujus Corpus in Lo-
culo plumbeo tranflatum eft. Sim. Dunelm. c. 6.
Locus in quo, The Place where any Thing is al-Day, except Sunday, is a Market overt, for the
ledged to be done in Pleadings, 1 Salk. 94. Buying and Solling of Goods and Merchandize.
Cic. 1.
I
Loous partitus, Is a Divifion, made between two 5 Rep. 85. But no Perfon nor being a Freeman of
Towns or Counties, to make Trial where the Land London, fhall keep any Shop or other Place to put
or Place in Queftion lieth. Flet. lib. 4. cap. 15.
to Sale by Retail any Goods or Wares, or use any
Locutosium. The Monks and other Religions in Handicraft Trade for Hire, Gain or Sale within the
Monafteries, after they had dined in their common City, upon Pain of forfeiting 51. 8. Rep. 124. And
Hall, had a withdrawing Room, where they met and Perfons making ill and unferviccable Goods in Lon
talked together among themſelves, which Room fordon, the Chief Officers of the Company may
that fociable Ufe and Converfation, they called Lo- and carry them to the Guildhall, and have the Goods.
cutorium à Loquendo; as we call fuch a Place in our tried by a Jury; and if found defective, they may
Houfes Parlour, from the Fr. Parler: And they had break them, &c, Trin. 34 Car, 2. B. R. A Perfon
another Room which was called Locutorium Forinfe must be a Freeman of London to be entitled to carry
cum, where they might talk with Laymen. Walfing. on Merchandize there, or within ten Miles of the
City. Chart. Car. 1. Where a Woman exercifeth
Lodemerge, Mentioned in the Laws of Oleran, is a Trade in London, wherein her Husband doth not
expounded to be the Skill or Art of Navigation. intermeddle, by the Cuftom the hall have all Ad
vantages, and be Sued as a Feme Sole Merchant: But
Loomanage, Is the Hire of a Pilot for bringing if the Husband meddle with the Trade of the Wife,
a Ship from one Place to another. The Pilot reor carry on the fame Trade, it is otherwife. 1 Cro
ceives Lodmanage of the Mafter for conducting the 69 3 Keb. 302. There are three Ways to be a
Ship up the River or into Port; but the Loadfman Freeman of London by Servitude of an Apprentice
is he that undertakes to bring a Ship through the
Haven, after brought thither by the Pilot, to the
Key or Place of Difcharge: And if thro' his Igno-
rance, Negligence, or other Fault, the Ship or
Merchandize receive any Damage, Adion lies
gainst him at the Common Law. Roughton, fol. 27.
Logía, A little Houfe, Lodge or Cottage. Mon
Angl. Tom. I. pag. 400.
257
Chaucer.
fhip; by Birthright, as being the Son of a Freeman,
and by Redemption, i. e. by Order of the Court of
Aldermen. Ibid. 126. 4 Mod. 14.5. The Cuſtoms of
London are against the Common Law, and made
a-good by Parliament, 4 Inst. 249. But, to fet forth
Logwood, (Lignum Tinctorium) Is Wood ufed by
Dyers brought from foreign Parts; prohibied by
Star. 23 Eliz cap. 9. But allowed to be imported
by the 14 Car. c. 2. 11. ·See Dyers.
•
i
1
a Cuftom or Ulage in the City of London, it muſt
be faid Antiqua Civitas, or it will not be good. 2
Leon. 99 By Magna Charta, the City of London
fhall have all their ancient Ufages, Liberties, and
Customs which they have used to enjoy; and they
are confirmed to them by that Statute 9 Hen. 3. c
9. And there is a Cultom in London to punish by
Lollards, Had their Name from one Walter Lol-Information in the Mayor's Court, in the Name of
lard, a German, at the Head of them, who lived a the Common Serjeant of the City, Affaults on Al-
bout the Year 1315. And they were certain Here-dermen, and affronting Language, &c. Farrell. Rep
ticks, (in the Opinion of thofe Times) that abounded: 28, 29. Upon the Custom of London concerning.
here in England, in the Reigns of King Edw. 3. and the Payment of Wharfage, c. by every Freeman.
Hen. 5. whereof Wickliff was the Chief in this Nation. to the Corporation, the Trial fhall not be by the
Stow's Annals 425. Spotfwood in his Hiftory of Sot-Mouth of the Recorder, as Cuftoms generally are,
land, fays, The Intent of thefe Lollards was to but by the Country, and a Jury from Surrey ad
An Arrelt may be made in
fubvert the Chriftian Faith, the Law of God, joining. Moor cap. 129.
the Church and the Realm; and ſo ſaid the Stat. London on the Plaintiff's entering his Plaint in ei-
2 Hen. 5. cap. 7. But that Statute was repealed ther of the Counters, and a Serjeant of London
1. Ed. 6. c. 12. Several Decrees were made by our need not fhew his Mace when he Arrefts One: And
Archbishops against thofe Sectarifts, as well as Sta- the Liberties of the City extend to the Suburbs and
The Mayor of Lon-
tutes: And the High Sheriff of every County Temple-Bar. Fenk. Cent. 291.
was anciently bound by his Oath to fupprefs them. don is to caufe Errors, Defaults, and Mifprifions.
there to be redreffed, under the Penalty of 1000
3 Inft. 41.
Marks; and the Conſtable of the Tower hall exe-
cute Proceſs againſt the Mayor for Default, &c,
28 Ed. 3. cap. 10. Citizens and Freemen of London
may recover Debts under 40 s. in the Court of Re-
•quefts at Guildhall, commonly called the Court of
London, The Metropolis of this Kingdom, for- Confcience. 3 Fac. 1. c. 15. After the Fire of Lon-
merly called Augufta, has been built above three thou- don, a Judicature was erected for determining Dif-
fand Years, and flourished for fifteen hundred Years. ferences relating to Houſes burnt; and ſeveral
It's Exchange, where Merchants of all Nations meet, Rules were laid down for rebuilding the City,
is not to be equalled; and for Statelinefs of Build the feveral Streets, Lanes, &c. The Lord Mayor
ings, Extent of Bounds, Learning of Arts and Sci- and Aldermen were to fet out Markets; the Num
ences, Traffick and Trade, this City gives Place to ber of Parishes and Churches was afcertained, and
none in the World. Stow. It is divided into Twen- a Duty granted on Coals for Rebuilding of the
ty-fix Wards, over each of which there is an Alder- Churches, &c. 19 Car. 2. cap. 23. and 22 Car. 2. c.
man; and is governed by a Lord Mayor, who is 1. And the Tithes of the Parishes in London,
chofen Yearly, and prefented to the King, or in his the Churches whereof were burnt, were appointed;
Abfence to his Juftices, or the Barons of the Ex-none lefs than 100l. per Annum, nor above 2001.
chequer at Westminster. Chart. K. Hen. 3. The Lord per Annum to be affeffed, and levied quarterly.
&
Mayor of London, for the Time being, is Chief Fu- 23 Car. 2. c. 15. The Lord Mayor, &c. is em
powered
Lollardy, The Doctrine and Opinion of the Lol-
lards. 1 & 2 P. & M. c. 6. Rogerus Acton Miles
pro Proditione & Lollardia diftrabatur & fufpendatur, &
fic fufpenfus pendeat ad voluntatem Regis. Middlef. Plac.
Hill. 1 Hen. 5 Rot. 7.
2
22
LO
LO
Lolinga, Signifies a Flatterer, or Sycophant:
And Godwin, writing of the Bishop of Norwich fays
of Bishop Herbert; Surgit in Ecclefia Monftrum genito-
Lofinga. Brompt. Chron. pag. 991.
Lot, A Contribution, or Duty. See Scot.
Lot or Loth, Is the Thirteenth Dith of Lead in
the Mines of Derbyshire, which belongs to the King.
Efcheat. Ann. 16 Ed. 1.
Powered to appoint Perfons to fet out the Manner his Tenants he is called Lord. In this lift Signifi
of Paving and Pitching the Streets of London; and cation, it is moft used in our Law Books; where it
alfo of Drains and Sewers, and to impofe a Taxis divided into Lord Paramount, and Lord Mean; and
upon Houſes for Maintenance thereof. 22 & 23 Car. Very Lord, &c. Old Nat. Br. 79. See Nobility.
2. c. 17. Scavengers are to be elected in London, Lord in Grols, Is he who is Lord, not by Reafon
and within the Bills of Mortality, in each Parifh, by of any Manor; as the King in Refpect of his Crown,
the Conftable, Church-wardens, &c. to fee that the. F. N. B. 3, 8.
Streets be kept clean; and Houſekeepers are to Lozímers, (Fr. Lormiers, from the Lat. Lorum)
fweep and cleanfe the Streets every Wednesday and Is one of the Companies of London, that make Bits
Saturday, under Penalties, &c. 2 W. & M. Seff. 2. for Bridles, Spurs, and fuch like fmall Iron Ware,
cap. 2. Perfons authorized by the Lord Mayor, Al-mentioned in the Stat. 1 R. 2. c. 12.
dermen and Common Council of London fhall have
the fame Power in London and Liberties thereof, as
Commiffioners of Sewers have in any other County
or Place. 7 Ann. cap. 9. Commiffioners are appoint-re
ed for fupplying the City of London with Water,
from the River Thames, &c. And cafting Filth into
Water-courfes, incurs 40 s. Penalty. S Geo. I. c. 26.
By a late Statute, for regulating Elections within
the City, it is ordained, That Elections of Alder-
men and Common Council-men, are to be by Free-
men Houfholders, paying Scot and Lot, and having
Houſes of the Value of 10. a Year; and none fhall
vote at Elections of Members of Parliament, but
Livery-men that have been Twelve Months on the
Livery, and who are not difcharged from Payment
of Taxes, or thoſe who have received any Alms, &c.
Alſo no Act or Ordinance of the Common Council,
ſhall be made without the Affent of the Mayor and
Aldermen, or the major Part of them prefent. And
Freemen of London may difpofe of their perfonal
Eſtates as they think fit, notwithstanding the Cuftom
of the City; but the Act mentions fuch as fhould be
made Free after fuch a Time, and others before un-
married, c. 11 Geo. I. c. 18.
܀
Lotteries. In late Reigns feveral Statutes have
been made for raifing Money for the Ufe of the
Government, by way of Lottery, and the fubjecting
Duties on Beer and Ale, Malt, Paper, &c. for the
Repayment thereof: As the 56 W. 3. cap. 7. to
raife one Million, by 10 l. Tickets, and the fortu-
nate Adventurers to have Annuities, &c. The 10
Ann. c. 19. for raising two Millions at 6 per Cent. In-
tereft. The 1 Geo. I. c. I. to raife and compleat
1,400,000l. The 5 Geo. 1. c. 4. for railing the Sum
of 500,000 1. by 31. Tickets; and Annuities of 41.
per Cent. to the Fortunate. The 7 Geo. I. c. 20. for
raifing 700,000 I. by Lottery, at Tickets 10 1. each.
And the S9 Geo. I. to raiſe the like Sum, &c.
The 12 Geo. 1. c. 2. to raife one Million, the highest
Benefit of fortunate Adventurers to be 20,000 1.
In Trinity Term 35 Car. 2. a Quo Warranto iffued and Blanks of 10l. Tickets to have 7. ios. attend-
against the Lord Mayor and Citizens of London; oned with Annuities at 3 1. per Cent. And the 4 Geon
which Judgment was given in B. R. that the Char-2. c. 9. for railing 1,200,000 I. by Way of Lottery,
ter and Franchiſe of the faid City fhould be feifed on the fame Conditions,. Thefe Lotteries are
into the King's Hands as forfeited: But by 2 W. &publickly drawn by Commiffioners appointed; and
M. Seff. 1. cap. 8. the faid Judgment was reverfed and
made void, and all Officers and Companies were
reftored, &c. See Customs of London, and Courts,
Lamps, Buildings, &c.
the Annuities, and Intereft for Prizes and Blanks,
are paid till Redemption by Parliament. By the
Geo. I. c. 2. for Suppreffion of private Lotteries, no
Perfon fhall fet up or keep any Office, of Sales of
Longitude, For the Discovery of the Longitude Houfes, Lands, Plate, Goods, &c. for Improve-
at Sea, the Lord Admiral and feveral others are ment of fmall Sums of Money, or expofe to Sale
appointed Commiffioners, to receive Propoſals, &c. any Houfes or Goods by Way of Lottery, Lots,
and if they are fatisfied of the Probability of fuch Tickets or Numbers, or publish Propofals relating
Difcovery, the Commiffioners of the Navy have to the fame, &c. on Pain of forfeiting 500 1. And
Power to make Bills for any Sum not exceeding Adventurers in fuch Sales to forfeit double the Sum
2000 1. to make the Experiment; and the first Dif contributed. 9 Geo. 1. Perfons keeping Offices or
coverer of a Method for finding the Longitude, is in- Places for fuch Sales of Houſes, or Goods, &c. by
titled to a Reward of 10,000 l. if he determines the the Way of Lottery, Cards or Dice, and any Game
fame to one Degree of a Circle, 15,000 l. if to two to be determined by the Lot or Drawing, or by any
Thirds of that Distance, and 20,000 1, if to one Half Machine or Device of Chance; and publifhing Pro-
of a Degree, to be paid by the Treaſurer of the pofals, or delivering out Tickets to that End, fhall
Navy. 12 Ann. Seff. 2. cap. 15. The Commiffioners forfeit zool being convicted before a Juftice of
for diſcovering of the Longitude, may apply Part of Peace, leviable by Diftrefs, &c. And Juftices refu-
the 2000 I ordered for Experiments, to be laid out fing to do what is required, are liable to to 1. Pe-
in making a Survey and fixing the Longitude and La-nalty, by 12 Geo. 2. c. 28. No Perfons fhall fell the
titude of the chief Ports and Headlands of our
Coafts, for rendering the Diſcovery at Sea ufcful.
Stat. 14 Geo. 2. c. 39.
Chance of any Ticket in a publick Lottery, for less
than the whole Time of Drawing; nor any Shares
therein, or receive Money on Confideration of Re-
Loquela, An Imparlance. Petrus de S. debet payment, if Tickets prove unfortunate, c. on For-
20 s. pro habenda Loquela in Curia Domini Regis contra feiture of Treble the Sum received; to be recover-
Will. de F. Rot. Pipe 2 Johann. Linc. And Loquelaed in the Courts at Westminster, &c. Stat. 6 Geo. 2.
fine Die, was a Refpite in Law to an indefinite Time. See 9 Gev. 2. c. 29. and 16 Geo. 2. c. 13. Sec alſo
Paroch. Antiq. 210.
Gaming.
Love. Provoking unlawful Love, was one Species
of the Crime of Witchcraft punishable by Stat. I
Fac. 1. cap. 12.
Lozd, (Dominus) Is a Word or Title of Honour,
diverfly used, being attributed not only to thofe who
are noble by Birth or Creation, otherwife called
Lords of Parliament, and Peers of the Realm; but Lourgulary, Is the cafting any corrupt and
to fuch fo called by the Curtesy of England, as all poifonous Thing in the Water, which was Lowr
the Sons of a Duke, and the eldest Son of an Earl;gulary, and Felony; and fome think it a Corrup-
and to Perfons honourable by Office, as the Lordtion of Burglary. Stat. pro Stratis London. Anno
Chief Fufice, &c. and fometimes to a private Perfon 1573.
that hath the Fee of a Manor, and confoquently the
Homage of the Tenants within his Manor; for by
Lowbellers, Are fuch Perfons, as go out in the
Night-time with a Light and a Bell, by the Sight and
J
Noife
LU
MA
¡
P. 4.
when they come to their right Mind; the King
taking nothing to his own Ufe, &c. A Lunatick
found by Inquifition, upon a Commiffion of Lu-
nary, whofe Perfon and Eftate are committed to
particular Truftees, may not marry before he
or the be declared of found Mind, by the Lord
Chancellor, &. If any fuch do, the Marriage is
void, by 15 Geo. 2. c. 30. See 4 Geo. 2. c. 10. and
Noife whereof Birds fitting upon the Ground be-dian of a Lunatick, is accountable to him, his Ex-
come ſtupified, and fo are covered and taken with ecutors, c. 4 Rep. 124. As a Lunatick may recover
a Net: The Word is derived from the Sax. Low, his Understanding, and have Diſcretion enough to
which fignified a Flame of Fire. Antiq. Warwick. difpofe and govern his Lands, the King fhall not
have the Cuftody of him and his Lands; for after
Luminare, A Lamp or Candle, fet burning on he has recovered his Memory and Understanding,
the Altar of any Church or Chapel; for the Main- he is to have his Eftate at his own Difpofal. Dyer
tenance whereof Lands and Rent-charges were fre- 302. 3 Salk. 301. The Stat. 17 Ed. 2. cap. 10. or-
quently given to Parifh-Churches, &c. Kennet's dains, that the King is to provide that the Lands
Gloff
of Lunaticks be fafely kept, and they and their Fa-
Lunatick, Is defined to be a Perfon who is fome-milies maintained by the Profits; and the Refidue
times of good and found Memory and Underftand- fhall be kept for their Ufe, and be delivered to them
ing, and fometimes not; aliquando gaudet lucidis inter-
vallis: And fo long as he hath not Understanding,
he is Non compos mentis. As a Lunatik, without Me
mory, underftands not what he does; in criminal
Cafes, his A&ts fhall not be imputed to him; unlefs
he kill or offer to kill the King, when by our old
Books he might be guilty of Treafon and punished
as a Traitor; tho' this is contradicted by the late
Opinions. 1 Inft. 247. 3 Inft. 46. H. P. C. 10, 43. Ideot.
And it is faid, if one who has committed a capital Lunda, A Weight formerly ufed here.
Offence, become Lunatick and Non compos before Lunda anguillarum conftat de 10 Sticis. Fleta, lib. 2.
Conviction, he shall not be tried; and if after Con-cap. 12.
viction, that he fhall not be executed. 1 Hawk. P.
C. 2. Whilft a Man is lunatick, and he doth a cri-
minal A&t, 'tis his Madness and not his Intention,
which is the Caufe of the A&tion, and Allus non fa
cit reum, nifi niens fit rea; and for that Reafon, his
Punishment could not be an Example to others.
1 Inft. 247. But he who incites a Mad-
man or Lunatik to do a Murder or other Crime, is
a principal Offender, and as much punishable as if
he had done it himself. H. P. C. 43. Keyl. 53. By
the antient Common Law, a dangerous Madman p. 1. m. 16.
may be kept in Prifon, till he recovers his Senfes. Lupinum caput gerere, Signified to be outlawed,
Bro. Coron. 101. And by a late Statute, Lunaticks, and have one's Head expofed like a Wolf's, with a
or Madmen wandering may be apprehended by a Reward to him thar fhall bring it in. Plac. Coron.
Juftice's Warrant, and locked up and chained if 4 Johan. Rot. 2.
neceffary; or be fent to their laft legal Settlement; Luplicetum, (Lat.) A Hop-garden, or Place where
and two Juftices by Order may charge their E-Hops grow. 1 Inft. 4.
Plowd. 19.
Lundzefs, A Sterling Silver-penny, which had
its Name from being coined only at London, and not
at the Country Mints. Lownds's Effay upon Coin, p. 17.
Lupanatrix, A Bawd or Strumpet: And by the
Cuftom of London, a Conftable may enter a Houfe,
and arreft a common Strumpet, and carry her to
Prifon. 3 Inst. 206. Rex Majori & Vic. London
&c. Intelleximus quod plures Roberia, Murdera perpe-
trantur, per receptatores publicas Lupanatrices in diverfis
Locis in Civitate noftra predict', c. Clauf. 4 Ed. 1.
&c.
་
Luftrings. A Company was incorporated for
making, dreffing and luftrating Alamodes and Lu-
ftrings in England, who were to have the fole Benefit
thereof, by Statute 45 W. & M. And no foreign
Silks known by the Name of Luftrings or Alamodes
are to be imported, but at the Port of London, &c.
Stat. 9 & 10 W. 3. c. 43.
Lyef-Silver, A fmall Fine or Compofition, paid
by cuftomary Tenants to their Lord, for Leave to
plough and fow their Land. Somn. Gavelk. 2`7.
ftates for their Maintenance, &c. Stat. 12 Ann. Seff. Luchburgs or Luxenburgs, Were a bafe Sort of
2. cap. 23. A Lunatick cannot lawfully promife or Foreign Coin, made of the Likeness of English Mo-
contract for any Thing; and the Grants of Luna-ney, and brought into England in the Reign of
ticks and Infants are parallel. 1 Inft. 247. 3 Mod. King Ed. 3. to deceive the King and his People:
301. Every Deed made by a Lunatick, who is Non On Account of which, it was made Treafon for a-
compos, is voidable; though a Lunatick himself ma-ny one wittingly to bring any fuch Money into
king a Purchaſe, if he then recovers his Memory, the Realm, as knowing it to be falfe. Stat. 25 Ed. 3.
he may agree to it, and afterwards his Heir cannot 3 Inft. 1.
difagree to it: But otherwife his Deeds may be a-
voided by his Heir; except he levy a Fine, or do
any other A& of Record, &c. Lit. 405,406. 4
Rep. 126. The Deed of a Lunatick fhall not be a-
voidable by himself; for he fhall not at Law be
allowed to work his own Difability, by making
himſelf a Madman. 4 Rep. 124. In Equity a Luna-
tick may be relieved againft his own Acts; and
where a Purchaſe has been obtained of him, at ar
Under-value, or he hath made a Settlement, &c.
the Deeds, Fines, &c. in fuch a Cafe, have been
fet afide, on a Bill brought by the Lunatick and his
Committee. 2 Vern. 678. Abr. Ca. Eq. 278, 279.
If a Lunatick fue an A&tion, it muſt be ſued in his
own Name; and if an Action be brought againſt
a Lunatick, he is to appear by Attorney, if of full
Age, and by a Guardian, if under Age. 1 Inft.
135. There are Commiffions of Lunacy, iffued out
of the Chancery, to examine whether the Perfon be
lunatick or not; and to make Inquefts of his Lands,
&c. Though if Lands are feifed by the King,
by Virtue of a Commiffion of Lunacy, and he
grants the Cuftody of the Lunatick fine computo red-
dendo; if he afterwards is of found Memory, he
fhall have an A&tion of Account for the Profits.
Dyer 25. The King hath the Guardianship of the
Lards of Lunaticks; but not the fole Intereft in
granting, and the Cuftody of their Lands or Bodies;
as he hath of Ideots: And the King or other Guar-
Lynn, An A& for regulating Worsted-Weavers
and their Apprentices, in the Town of Lynn, &e.
Sce 14 & 15 H, 8. c. 3.
M,
}
M.
Is the Letter, with which Perfons convicted
of Manflaughter, are mark'd on the Brawn
of the left Thumb. 4 H. 7. c. 13.
Mac, In the Irish Language fignifies a Son, Filius.
Litt. Di&.
Macegrefs, (Macegrarii) Are fuch as buy and fell
Flesh ftolen, knowing the fame. Brit. c. 39. Leg. Inx,
cap. 30.
Macegrariis Carnes Furtivas Scienti-
bus, vendentibus & ementibus. Stat. Walliæ.
Machecollare, (From the Fr. Mafchecoulis) Signifies
to make a War-like Device, especially over the
Gate of a Caftle in the Form of a Grate, through
which
4
MA
MA
:
which fcalding Water, or any other offenfive Thing,
may be thrown upon the Heads of Affailants.
1 Inft. 5.
Madder, The Importation of it is allow'd, and
alfo Planting thereof in England; and a Punishment
inflicted on Perſons who mix it with Sand, or cor-
rupt it. Stat. 14 Car. 2. c. 30.
Maoning Money. Old Roman Coins found a-
bout Dunstable, are fo called by the Country People,
and have their Name from Magintum, ufed by the
Emperor Antoninus in his Dunftable Itinerary. Camd.
Madrigals, Is an old British Word fignifying
Country Songs. Blount.
the Candles, and threw them on the Ground; and
every one faid, Thus let him be extinguiſhed, and ſtink
in Hell, who violates this Charter: Upon which the
Bells were fer on Ringing, and all Perfons by their
Rejoicing approved of what was done.
But not.
withstanding this very folemn Confirmation of this
Charter, the very next Year King Henry invaded
the Rights of his People, till the Barons levied
War against him; and after various Succefs, he
confirmed this Charter, and the Charter of the Forest,
in the Parliament of Marlbridge, and in the 52d
Year of his Reign. And his Son King Edward 1.
confirming thefe Charters, in the 25th Year of his
Reign made an Explanation of the Liberties there+
Maeremium, (Derived from the Fr. Merefme)
Properly fignifies any Sort of Timber, fit for Build-in
ing; feu quodvis Materiamen. Clauf. 16 Ed. 2. m. 3.
Magbote or Mægbote, (From the Sax. Mag, i. c.
Cognatus, & Bote, compenfatio) A Compenfation for
the Slaying or Murder of one's Kinfman, in ancient
Times, when corporal Puniſhments for Murder, &c.
were fometimes commuted into pecuniary Fines, if
the Friends and Relations of the Party killed were
fo fatisfied. Leg. Canuti, cap. 2.
Magick, (Magia, Necromantia) Witchcraft and
Sorcery. See Conjuration.
Magifter. This Title often found in old Wri-
tings, fignified that the Perfon to whom attributed
had attained fome Degree of Eminency in Scientia
aliqua, præfertim literaria; and formerly thofe who
are now called Doctors, were termed Magiftri.
Magißrate, (Magiftratus) A Ruler, and he is
faid to be Cuftos utriufque Tabula; the Keeper or Pre-
ferver of both Tables of the Law. If any Magiftrate,
or Minister of Juftice, is flain in the Execution of
his Office, or keeping of the Peace; it is Murder,
for the Contempt and Disobedience to the King and
the Laws. 9 Co. Rep.
Magna Bila eligenda, Is a Writ directed to
the Sheriff, to fummon four lawful Knights before
the Juftices of Affixe, there upon their Oaths to chufe
twelve Knights of the Vicinage, &c. to pafs upon
the Great Alife, between A. B. Plaintiff, and C. D.
Defendant, &c. Reg. Orig. 8.
-
granted to the People; adding fome which are
new, called Articuli fuper Chartas: And Magna Charta
was not only then confirmed, but more than thirty
Times fince. Co. Litt. 81. This excellent Statute,
or rather Body of Statute-Law at that Time, fo be-
neficial to the Subject, and of ſuch great Equity, is
the moft antient written Law of the Land: And it
is divided into 38 Chapters; the 1ft of which after
the folemn Preamble of its being made for the Ho-
nour of God, the Exaltation of Hely Church, and Amend-
ment of the Kingdom, &c. ordains, Thar the Church
of England fhall be free, and all Ecclefiaftical Per-
fons enjoy their Rights and Privileges. The 2d is
of the Nobility, Knights-fervice, Reliefs, &c. The
third concerns Heirs, and their being in Ward
The 4th directs Guardians for Heirs within Age,
who are not to commit Wafle. The 5th relates to
the Cuftody of Lands, &c. of Heirs, and Delivery
of them up when the Heirs are of Age. The 6th is
concerning the Marriage of Heirs. The 7th ap-
points Dower to Women, after the Death of their
Husbands, a third Part of the Lands, &c. The 8th
relates to Sheriffs and their Bailiffs, and requires.
that they fhall not feife Lands for Debts where there
are Goods, &c. the Surety not to be diftrained,
where the Principal is fufficient. The 9th grants
to London, and all Cities and Towns, their ancient
Liberties. The 10th Orders, that no Diſtreſs ſhall
be taken for more Rent than is due, &c. By the
Magna Charta, The great Charter of Liberties 11th the Court of Common Pleas is to be held in a
granted in the ninth Year of King Hen. 3. It is fo certain Place. The 12th gives Affifes for Remedy,
called, either for the Excellency of the Laws there- on Diffeifin of Lands, c. The 13th relates to
in contained, or becauſe there was another Charter Affifes of Darrein Prefentment, brought by Eccle-
called the Charter of the Forest eſtabliſhed with it, fiafticks. The 14th enacts, that no Freeman fhall be
which was the lefs of the two; or in Regard of the amerced for a ſmall Fault, but in Proportion to the
great Wars and Troubles in the Obtaining it, and Offence; and by the Oaths of lawful Men. The
the remarkable Solemnity in denouncing Excom- 15th, no Town fhall be diftrained to make Bridges,
munication and Anathema's againſt the Breakers &c. but fuch as of ancient Times have been accu-
thercof: And Spelman calls it, Auguftiffimum Angli- ftomed. The 16th is for repairing of Sea-Banks
carum Libertatum Diploma & Sacra Anchora. King and Sewers. The 17th pohibits Sheriffs, Coroners,
Edward the Confeffor granted to the Church and c. from holding Pleas of the Crown. The 18th
State feveral Privileges and Liberties by Charter; enacts, that the King's Debtor dying, the King fhall
and fome were granted by the Charter of King be firft paid his Debt, &c. The 19th directs the
Hen. I. Afterwards King Stephen, and King Hen. 2. Manner of levying Purveyance for the King's
confirmed the Charter of Hen. 1. and King Rich. 1. Houfe. The 20th concerns Caftleward, where a
took an Oath at his Coronation to obferve all juft Knight was to be diftrained for Money for keeping
Laws, which was an implicite Confirmation of that his Caftle, on his Neglect. The 21ft forbids She-
Charter; and King John took the like Oath: This riffs, Bailiffs, &c. to take the Horfes or Carts of
King likewife, after a Difference between him and any Perfon to make Carriage without paying for it.
the Pope, and being imbroiled in Wars at Home By the 22d the King is to have Lands of Felons a
and Abroad, particularly confirmed the aforemen-Year and a Day, and afterwards the Lord of the Fee.
tioned Charter, with further Privileges, but foon The 23d requires Wears to be put down on Rivers.
after broke it, and thereupon the Barons took up The 24th directs the Writ Præcipe in Capite, for
Arms against him, and his Reign ended in Wars; to Lords againft Tenants offering Wrong, &c. The
whom fucceeded King Hen. 3. who in the 37th Year 25th declares that there fhall be but one Meaſure
of his Reign, after it had been feveral Times by throughout the Land. The 26th, Inquifition of Life
him confirmed, and as often broken, came to Weft- and Member, to be granted freely. The 27th re-
minster-Hall, and in the Prefence of the Nobility lates to Knight's Service, Petit Serjeanty, and other
and Bifhops, with lighted Candles in their Hands, ancient Tenures, (taken away together with Ward-
Magna Charta was read; the King all that while fhip, &c. by 12 Car. 2.) The 28th directs, that no
laying his Hand on his Breaft, and at laft folemnly Man fhall be put to his Law, on the bare Suggeftion
fwearing faithfully and inviolably to obferve all the Things of another, but by lawful Witneffes. The 29th, no
therein contained, as he was a Man, a Chriftian, a Sol-Freeman fhall be diffeifed of his Freehold, impri-
dier, and a King: Then the Bishops extinguished foned and condemned, but by Judgment of his Peers,
6 F
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or by Law. The 30th requires that Merchant
Strangers be civilly treated, &c. The 3ft relates
to Tenures coming to the King by Efcheat. By
the 32d no Freeman fhall fell Land, but fo that
the Refidue may anfwer the Services. The 33d,
Patrons of Abbeys, &c. fhall have the Cuftody of
them in the Time of Vacation. The 34th, a Wo
man to have an Appeal for the Death of her Huf
band. The 35th directs the Keeping of the County-
Court Monthly, and alfo the Times of holding the
Sheriff's Turn, and View of Frankpledge. The
36th makes it unlawful to give Lands to Religious
Houles in Mortmain. The 37th relates to Efcuage,
and Subfidy, to be taken as ufual. And the 38th
ratifies and confirms every Article of this great
Charter of Liberties. By the Stat. 25 Ed. 1. it is
ordain'd, that the great Charter fhall be taken as
the Common Law. And all Statutes made againft
Magna Charta, are declared to be void, by 43 Ed. 3.
Magna precaria, A great or general Reap day,
And in 21 R. 2. the Lord of the Manor of Harrow
on the Hill, in Com. Middlefex, had a Cuftom, that
by Summons of his Bailiff upon a general Reap-day,
then called Magna precaria, the Tenants fhould do a
certain Number of Days Work for him; every Te-
nant that had a Chimney, being obliged to fend a
Man. Phil. Purvey, p. 145.
Magnum Centum, The great Hundred, or Six
Score. Chart. 20 H. 2.
Magnus Poztus, The Town and Port of
Portſmouth.
Mahomería, The Temple of Mahomet; and be-
caufe the Geftures, Noife, and. Songs there, were ri
diculous to the Chriftians, therefore they called An-
tick Dancing, and any Thing of Ridicule, a Mo-
merie. Matt. Parif.
Maids. Taking them away unmarried, without
Confent of Father or Mother or their Guardians;
is punishable by Stat. 4 & 5 P. & M. c. S.
Maiden Ailes, Is when at any Affifes no Per-
fon is condemned to die.
Maiden Bents, A Noble paid by every Tenant
in the Manor of Builth, in Com. Radnor, at their
Marriage; anciently given to the Lord for his o-
mitting the Cuftom of Marcheta, whereby he was to
have the first Night's Lodging with his Tenant's
Wife; but it was more probably a Fine for a Licence
to marry a Daughter.
Maignagium, (Fr. Maignen, i. e. Faber ararius) A
Brafier's Shop; though fome fay it fignifies a Houſe.
Idem Hugo tenebat unum Maignagium in foro ejuf-
dem villa, &c. Lib. Ramef. Se&t. 265.
Mathem or Mayhem, (Mahemium from the Fr.
Mehaigne, i. e. Membri Mutilationem) Signifies a
Maim, Wound, or corporeal Hurt, by which a
Man lofeth the Ufe of any Member, that is or
might be of any Defence to him: As if a Man's
Skull be broke, or any Bone broken in any other
Part of the Body; a Foot, Hand, Finger, or Joint
of a Foot, or any Member be cut off; if by any
Wound, the Sinews be made to fhrink; or where
any one is caftrated; or if an Eye be put out, any
Fore-tooth broke, &c. But the cutting off an Ear,
or Noſe, the breaking of the hinder Teeth, and
fuch like, was held no Maihem; as they were not
a Weakening of a Perfon's Strength, but a Disfigur-
ing and Deformity of the Body. Glanv. lib. 4. c. 7.
Bract. lib. 3. tract. 2. Britton, cap. 25. S. P. C. lib. 1.
cap. 41. By Statute, if any one on Purpoſe, by
Malice Fore-thought, and lying in Wait, fhall cut
off the Nofe, put out the Eye, difable the Tongue,
or cut off or difable any Limb or Member of any
of the King's Subjects, with an Intent to maim or
disfigure him, the Perfon Offending, his Aiders,
Abettors, &c. are guilty of Felony, without Benefit
of Clergy; though no Attainder of fuch Felony
fhall corrupt the Blood, or forfeit the Dower of
the Wife, Lands or Goods of the Offender. Stat.
22 23 Car. 2. cap. 1. In thefe Cafes of Maiming,
&
a voluntary A&t the Law judgeth of Malice: And
if a Man attack another, of Malice fore-thought
in order to murder him with a Bill, or any fuch
like Inftrument, which cannot but endanger the
Maiming him, and in fuch Attack, happen not to
kill but only to maim him, he may be indicted of
Felony on this Statute; and it fhall be left to the
Jury on the Evidence, whether there were a De-
fign to Murder by Maiming, and confequently a
malicious Intent to maim as well as kill, in which
Cafe the Offence is within the Statute. 1 Hawk. P. C.
112. All Maihem by the Common Law was Felony:
And it is faid that antiently a Maihem by Caftration
was puniſhed with Death; and other Maihems with
the Lofs of Member for Member; but afterwards
no Maihem was punished in any Cafe with the Lofs
of Life or Member, but only by Fine and Impri-
fonment, and Damages to the Party. 3 Inft. 62,
118. S. P. C. 32. H. P. C. 133. For Maihem, In-
di&ment or an Appeal may be had; or in common
Cafes Action of Trefpafs, at the Plaintiff's Election:
And Maihem fhall be under the Infpection of the
Court, to increafe Damages given by the Jury,
&c. if the Court thinks fit. Sid. 108. Maihem was
commonly tried by the Judges infpecting the Party;
and if they doubted whether it were a Maihem or
not, they ufed to take the Opinion of fome able
Chirurgion in the Point. Homo Mahemiatus, a Man
maimed or wounded. See Appeal of Maihem.
Maii Induktio, An antient Cuftom for the Prieft
and People of Country Villages to go in Proceffion to
fome adjoining Wood on a May-day Morning; and
return in a Kind of Triumph, with a May-pole,
Boughs, Flowers, Garlands, and other Tokens of
the Spring. This May-game, or Rejoicing at the
Coming of the Spring, was for a long Time obſerved,
and fill is in fome Parts of England; but there was
thought to be fo much Heathen Vanity in it, that
it was condemned and prohibited within the Diocefe
of Lincoln, by the good old Bishop Grofthead.
Faciunt etiam, ut audivimus, Clerici Ludos quos vocant
Inductionem Maii, & Feftum Autumni, &c. quod nullo
modo vos latere poffit: Si veftra prudentia fuper biis dili
genter Inquireret, &c.
Mail, (Macula,) A Coat of Mail, fo called from
the Fr. Maille, which fignifies a fquare Figure, or
the Hole of a Net: So Maille de Houbergeons was a
Coat of Mail, because the Links or Joints in it re-
fembles the Squares of a Net. Mail is likewiſe uſed
for the Leather Bag wherein Letters are carried by
the Poft, from Bulga, a Budget.
Maile, Anciently a Kind of Money; and Silver
Half-pence were termed Mailes. 9 Hen. 5. By In-
denture in the Mint, a Pound-weight of old Ster-
ling Silver was to be coined into three hundred
and fixty Sterlings or Pennies, or feven hundred and
twenty Mailes or Half-pennies, or one thousand
four hundred and forty Farthings. Lownds's Eff. on
Coin 38.
Mainad. A falfe Oath, or Perjury.Si nolit
abjurare, emendet ipfum Mainad, i. e. Perjurium dupli-
citer. Leg. Inæ, cap. 34.
Mainovze, (from the Fr. Main, i. e. Manus, and
ourer, operari) Is Handy-work; or fome Treſpaſs
committed by a Man's Hand 7 R. 2. c. 4. Brit. 62.
Mainpernable, That may be let to Bail; and
what Perfons are mainpernable appears by the Stat.
Weftm. 1. 3 Ed. 1. c. 15. See Bail.
Exc.
Mainpernors, (Manucaptores) Are thofe Perfons to
whom a Man is delivered out of Cuftody or Prifon,
on their becoming bound for his Appcaring,
which if he do not do, they fhall forfeit their Recog
nizances; and they are called Manucaptores, becauſe
they do it as it were Manu capere & ducere captivum
è Cuftodia vel Prifona.
Mainpzile, (Manucaptio) from the Fr. Main, i. e.
Manus & Pris, captus) Signifies in our Law the Ta-
-
1
4
king
MA
MA
king or Receiving of a Perfon into Friendly Cufto-
dy, who otherwife might be committed to Prifon,
upon Security given that he fhall be forth coming
at a Time and Place affigned; as to let one to
Mainprife is to commit him to thofe that undertake
he fhall appear at the Day appointed. Old. Nat. Br.
42. F. N. B. 249. Manwood makes this Difference
between Mainprife and Bail: He that is mainprifed is
faid to be at large, after the Day he is fet to Main-
prife, until the Day of his Appearance; but where
a Man is let to Bail, by any judge, &c. until a cer-
tain Day, there he is always accounted by the Law
to be in their Ward for the Time; and they may,
if they will, keep him in Prifon, fo that he that is fo
bailed ſhall not be faid to be at large, or at his own
Liberty. Manw. p. 167. A Man under Mainprife is
fuppofed to go at large, under no Poffibility of be-
ing confined by his Sureties or Mainpernors, as in
Cafe of Bail. 4 Inft. 179. Mainprife is an Under-Attorney to be employed; or for one Neighbour to
taking in a Sum certain; Bail anfwers the Con-
demnation in civil Cafes, and in Criminal, Body
for Body: Mainprife may be where one is never ar-
refted, or in Prifon; but no Man is bailed, but he that
is under Arreft, or in Priſon; fo that Mainprife is
more large than Bail. H. P. C. 96. Wood's Inft. 582,
618. Upon a Capias or Exigent awarded against a
Man, he fhall find Mainprife for his Appearance;
and if the Defendant make Default, his Manucap
tors are to be amerced, &c. And a Bill of Main-
prife, acknowledged and put into Court, is good
though it be not inrolled. Fenk. Cent. 129. There is
an antient Writ of Mainprife, whereby thoſe who are
bailable, and have been refufed the Benefit of it,
may be deliver'd out of Prifon; as where Perfons
are imprifoned on Sufpicion of Larceny, or indi&-
ed of Trespass, before Juftices of Peace, &c. Reg.
Orig. 269. F. N. B. 250. 2 Hawk. P. C. 93. See
Manucaptio.
•
fon officioufly give Evidence, or open the Evidence
without being called upon to do it; fpeak in the
Caufe, as if of Counſel with the Party; retain an
Attorney for him, &c. or fhall give any publick
Countenance to another in Relation to the Suit;
as where one of great Power and Intereft, fays that
he will fpend 20 Pounds on one Side, &c. or fuch
a Perfon comes to the Bar with one of the Parties,
and ftands by him while his Caufe is tried, to inti-
midate the Jury; if a Juror follicits a Judge to
give Judgment according to the Verdict, after which
he hath nothing more to do, &c. theſe A&ts are
Maintenance. 1 Hawk. 249, 250. But a Man cannot
be guilty of Maintenance, in refpect of any Money
given by him to another, before any Suit is actually
commenced: Nor is it fuch, to give another Ad-
vice, as to what Action is proper to be brought,
what Method to be taken, or what Counsellor or
go with another to his Counſel, fo as he do not
give him any Money: And Money may be lawfully
given to a poor Man, out of Charity, to carry on
his Suit, and be no Maintenance: Attornies may
lay out their Money for their Clients, to be repaid
again; but not at their own Expence, on Condition
of no Purchaſe no Pay, if they carry the Cauſe or
lofe it. Fitzh. Mainten. 18. 3 Roll. Abr. 118. 2 Inft.
564. It is faid that if a Man of great Power, not
learned in the Law, tells another who asks his Ad-
vice, that he hath a good Title, it is Maintenance. I
Hawk. 250. In Cafe any Perfon who is no Lawyer,
and that hath no Intereſt in the Caufe, fhall take
upon him to do the Part of a Lawyer; this will be
unlawful Maintenance. And after a Suit is begun,
no Man may encourage either of the Parties, or
yield them any Aid or Help, by Money, or the like,
but he that hath Intereft therein: But to lend an
other Money to maintain his Law-Suit, is no Main-
tenance. 22 H. 6. 6. 19 E. 4. 3. 2 Shep. Abr. 406. If
Perfon hath any Intereft in the Thing in Difpute,
though on Contingency only, he may lawfully main-
tain an Action relating to it; as if Tenant in Tail,
or for Life, be impleaded, he in Reverfion or Re-
mainder, &c. may maintain the Defence of the Suit,
with his own Moncy; and a Leffor may lawfully
maintain his Leffec. 2 Roll. Abr. 115. A Lord may
juftify maintaining a Tenant, in Defence of his
Title; and the Tenant may maintain his Lord:
One bound to warrant Lands, may lawfully main-
tain the Tenant impleaded; and a Man may main-
em-tain thoſe who are enfeoff'd of Lands in Truft for
him, concerning thofe Lands, &c. An Heir appa-
rent, or the Husband of fuch an Heir, may main-
tain the Anceftor in an Action concerning the Inhe-
ritance of the Land whereof he is feiſed in Fee; a
Mafter maintain his Servant, and affift him with
Money, but not in a real A&tion, unless he hath
fome of his Wages in his Hands; and a Servant by
Reafon of Relation may maintain his Mafter in all
Things, except laying out his own Money in the
Mafter's Suit. 1 Hawk. 252, 253. 1 Inft. 368. By the
Statutes, none of the King's Officers fhall maintain
Pleas, or Suits, in the King's Courts, for Lands,
&c. under Covenant to have Part thereof, or any
Profit therein. And Clerks of Juftices, are not
to take Part in Quarrels, or delay Right, on Pain
of treble Damages. 3 Ed. 1. cap. 25. No Perfons
fhall take upon them to maintain Quarrels, to the
Let and Diffurbance of the Common Law, by them-
felves or by any other. 1 Ed. 3. cap. 14. and 20 Ed.
3. 4. The King's Counsellors, Officers or Servants,
or any other Perfon whatfoever, fhall not fuftain
Quarrels by Maintenance, upon grievous Pain, Im-
prifonment, and Ranfom. 1 R. 2. c. 4. No Man may
obtain or buy any pretended Right or Title to any
Land unless the Seller hath taken the Profits a
Year, or been in Poffeffion, on Pain of forfeiting
the Value, &c. And none hall unlawfully main
Mainport, (In Many portatum) Is a fmall Duty,
which in fome Places Parishioners pay to the Rec-a
tor of the Parish, in Recompence for certain
Tithes: It is commonly of Loaves of Bread; and
this Mainport Bread was paid to the Vicar of Blyth,
as you may read in the Antiq. of Nottinghamshire, p.
473.
Mainsworn, In the North of England is taken for
as much as forfworn. Brownl. Rep. 4.
Maintainos, Are thofe that maintain or fecond
a Caufe depending between others, by disburfing
Money, or making Friends, for either Party, c.
not being in ereſted in the Suit, or Attornies
ployed therein. Stat. 19 Hen. 7. cap. 14.
Maintenance, (Manutenentia) Signifies the unlaw-
ful Upholding of a Caufe or Perfon, metaphorically
drawn from the Succouring a young Child that
learns to go by one's Hand; and in Law is taken
in the worf Senfe. 32 H. 8. c. 9. Alfo it is ufed
for the Buying or Obtaining of pretended Rights
to Lands. Stat. Ibid. And Maintenance is either ru-
ralis, in the Country; as where one affifts another
in his Pretenfions to Lands, by taking or holding the
Poffeffion of them for him; or where one ftirs up
Quarrels or Suits in the Country: Or it is Curia-
lis, in a Court of Juftice; where one officioufly in-
termeddles in a Suit depending in any faid Court,
which no Way belongs to him, and he hath nothing
to do with, by affifting the Plaintiff or Defendant
with Money or otherwife, in the Profecution or De-
fence of any fuch Suit. Co. Litt. 368. 2 Inft. 213.
2 Roll. Abr. 115. And he, who fears that another
will maintain his Adverfary, may by Way of Pre-
vention have an original Writ grounded on the Sta-
tutes, prohibiting him fo to do. 1 Hawk. P. C. 225.
Reg. Orig. 182. Not only he who lays out his Mo-
ney to affift another in his Caufe, but he that by his
Friendſhip or Intereft faves him that Expence which
he might otherwife be put to, is guilty of Mainte-
nance. Bro. Mainten. 7, 14, 17, &c. And if any Per-
1
tain
1
}
MA
MA
6
1
•
Make Services and Customs, Signifies nothing
but to perform them. Old Nat. Br. 14.
Malandzinus, A Thief or Pirate; mentioned in
Walfingham, p. 388.
Malberge, Mons Placiti, A Hill where the People
affembled at a Court, like our Affifes; which
by the Scots and Irish are called Parley-bills. Du
Cange.
Malecreditus, Is one of bad Credit, who is fuf-
pected and not to be trufted. Fleta, lib. 1. cap. 38.
Malediction, (Maledictio) A Curfe which was an-
tiently annexed to Donations of Lands, made to
Churches and religious Houſes. Si quis autem
(quod non optamus) hanc noftram Donationem infringere
temptaverit, perpeſus fit gelidis glacierum flatibus ma-
lignorum Spirituum; terribiles tormentorum cruciatus eva-
fiffe non quiefcat, nifi prius in riguis pœnitentia gemitibus,
tain any Suit concerning Lands, or retain any Per-c. Et fuper hoc Homag. dicunt, &c. Ex Libro MS.
fon for Maintenance, by Letters, Rewards or Pro- Epifcop. Heref. temp. Ed. 3.
mifes, under the Penalty of 10 1. for every Offence,
101.
Make Law, (Facere Legem) Is to perform that
to be divided between the King and the Profecutor. Law which a Man had formerly bound himself un-
32 H. S. cap. 9. But maintaining Suits in the Spirito; that is to clear himself of an Action commen-
tual Court, is not within the Statutes relating to ced against him, by his Oath and the Oaths of
Maintenance. Cro. Eliz. 594. Though Maintenance in Neighbours: And this Cuftom feems to be borrowed
a Court-Baron, is as much within the Purview of of the Feudifts. Old Nat. B. R. 267. Kitch. 192. See
the Stat. 1 R. 2. as Maintenance in a Court of Re-Wager of Law.
cord, 1 Hawk. 255. A pretended Right to Copyhold
Lands fold, is within the Stat. of H. 8. 4 Rep. 26.
If A. be Owner of Land in Poffeffion, and another
who hath no Right granteth the Land; altho' the
Grant upon it be void, yet the Grantor and Grantee
are liable to this Statute. 1 Inft. 369. So where he
that hath a pretended Right, and none in Truth,
fhall get the Poffeffion wrongfully, and then fell the
Land, &c. But a Remainder-man in Fee, may ob-
tain the pretended Title of a Stranger. 1 Inft. 369.
3 Inft. 76, 77. And a Perfon who hath good Right
and Title, at the Time of the Bargain or Leafe,
will not be within the above Statute, altho' neither
he nor his Anceſtors have been in Poffeffion, there-
of, &c. for a Year before.. Plow. 47. Dyer 74. The
Buying of a Leafe for Years, is within the Act:
Tho' if a Perfon make fuch Leafe to try a Title
in Ejectment, unless it be to a great Man; it is out
of the Statute. 1 Inft. 369. Dyer 374. A Leffor ha-
ving good Right to Land, but not in Poffeffion, a
made a Leafe of it, and did not feal it on the Land;
it was adjudged within the Stat. 32 Hen. 8. 1 Leon.
166. The Law will not fuffer any Thing in Action,
Entry, &c. to be granted over; this is to prevent
Titles being granted to Men of Subftance, to op-
prefs the meaner Sort of People. 1 Inft. 214. And Malefeafance, (From the Fr. Malfaire, i, e. to of
where a Bond was given for Performance of Cove-fend) Is a doing of Evil, or Tranfgreffing. 2 Cro.
nants in a Leafe, and after the Covenants being
broken, the Leffee affigned both the Leafe and Bond
to another, and then the Affignce put the Bond in
Suit, this was held Maintenance; fo it would have
been if the Leffee had affigned the Bond and not
the Leafe, and afterwards the Covenants were brc-
ken, and the Bond put in Suit. Godb. 81. 2 Nelf. Abr.
1142. By the Common Law, Perfons guilty of
Maintenance may be profecuted by Indictment, and
be fined and imprifoned; or by Action, &c. And a
Court of Record may commit a Man for an A&t
of Maintenance done in the Face of the Court. Hetl.
Rep. 79. 1 Inft. 368.
Majozity. The only Method of determining
the Acts of Many, is by a Majority: The major
Part of Members of Parliament enact Laws, and
the Majority of Electors chufe Members of Parlia-
ment; the A&t of the major Part of any Corpora-
tion, is accounted the Act of the Corporation; and
where the Majority is, there by the Law is the
Whole. Stat. 19 Hen. 7. Stud. Compan. 25.
pura emendatione emendaverit. Chart. Reg. Athelstani
Monaft. de Wiltune, Anno 933. And we read in
Charter of William de Warren, Earl of Surry: Veni-
entibus contra hac & deftruentibus ea, occurrat Deus in
Gladio ira & furoris & vindicta & Maledi&ionis eter-
ne: Servantibus autem hac & Defendentibus ea, occurrat
Deus in pace, gratia & mifericordia & falute aterna.
Amen, Amen, Amen.
Rep. 266.
•
Maletent, Is interpreted to be a Toll for every
Sack of Wool, by Statute: Nothing from hence-
forth fhall be taken for Sacks of Wool, by Colour
of Maletent, &c. Stat. 35 Ed. 1.
Malice, Is a form'd Defign of doing Mischief to
another; it differs from Hatred. 2 Inft. 42. In Mur-
der, 'tis Malice makes the Crime; and if a Man
having a malicious intent to kill another, in the
Execution of his Malice kill a Perfon not intended,
the Malice fhall be connected to his Perfon, and he
fhall be adjudged a Murderer. Plowd. 474. The
Words Ex malitia precogitata are neceffary to an
Indictment of Murder, &c. See Murder.
Malignus, i. e. Diabolus: Proh Dolor, hunc pepulit
propria de fede Malignus.
Malo grato, The doing a Thing unwillingly.
Libertatem Ecclefia, &c. Malo grato Stabilierunt, i. e.
He being unwilling. Mat. Parif. 1245.
·
Malt. Bad Malt fhall not be mingled with good,
under Penalties: Malt is to be three Weeks in Ma-
Maílnada, Signifies a Family, quafi Manfionata. king and Drying; except in June, July and Auguft,
Maison de Dieu, A Monaftery, Hofpital, or and in thofe Months not lefs than feventeen Days;
Alms-houfe. Stat. 2 & 3 P. & M. cap. 23. 29 Éliz. and Half a Peck of Dutt must be taken out of eve-
cap. 5, &c. All Hofpitals, Maifons de Dieu, and a-ry Quarter by Skreening, &c. before it fhall be
biding Places for Poor, lame and impotent Perfons,
crected by the Statute 39 Eliz. cap. 5. or at any
Time fince founded, according to the Intent of
that Statute, fhall be incorporated and have perpe-
tual Succeffion, &c. 21 Fac. 1. cap, 1.
Mailura, A Houſe or Manfion; a Farm; from
the Fr. Maifon. ·Baldwinus Comes Exon. omnibus
Baronibus fuis & hominibus, &c. dedi Maifuram quam
ipfe tenet, &c. MS. Carter. pen. Eliam Afhmole
Armig.
Majus jus, Is a Writ or Law proceeding in
fome customary Manors, in order to a Trial of
Right of Land: And the Entry in the old Books is
hus: Ad hanc Curiam venit A. B. in propria Perfona fua
E dat. Domino, &c. ad vidend. Rotul. Curia, Et petit
inquirend. utrum ipfe habet Majus jus in uno Meffuagio,
I
offered to Sale, on Pain of forfeiting 20 d. per Quar
ter. Stat. 2 & 3 Ed. 6. cap. 10. Where bad Malt is
made, or bad Malt fhall be mix'd with good, a
Conftable by the Direction of a Juftice of Peace,
may fearch for the fame; and order it to be fold at
reafonable Price, &c. 11 Fac. 1. cap. 28. A Duty
of 6d. per Bufhel was granted on Malt, by Star. 8
9 W. 3. c. 21. which by fubfequent Statutes hath
been continued yearly ever fince; Malters are
once a Month, to make an Entry at the Excife-
Office of all Malt made, under the Penalty of 101.
and to pay the Duty in three Months, or forfeit
double Value: And if any Malfters alter their fleep-
ing Veffels, without giving Notice, or fhall ufe any
private Ciftern, they fhall forfeit 501. And refu-
fing Excife-Officers Entrance into their Houfes,
Ex.c.
MA
MA
;
1
*
Manciple, (Manceps) A Clerk of the Kitchen, or
Caterer; and an Officer in the Inner Temple was an
tiently fo called, who is now the Steward there, of
whom Chaucer, our ancient Poët, fometime a Stu
dent of that Houfe, thus writes:
A Manciple there was within the Temple,
Of which all Catours might taken Enſemple.
This Officer ftill remains in Colleges in the Univer-
fities. Cowel.
forfeit 51. Alfo concealing Malt froin the Sight
of the Gager, is liable to a Penalty of 10s. per
Bufhel: And wetting Barley any where but in the
Ciftern, incurs a Forfeiture of 21. 6d. a Bufhel,
c. But Juftices of Peace have Power to mitigate
the Penalties and Forfeitures. 2 Ann. c. 2. 6 Geo. I.
c. 20. Malt made for Exportation is difcharged from
Duty; yet must be entered, and kept fecret from
other Malt, on Pain of 501. and when made fhall
be put into Store-houfes with two Locks, and not
delivered out without Prefence of an Officer, c.
Stat. 12 Geo. 1. c. 4. If any Malt be brought from
Scotland into England, it fhall pay 3 d. a Buſhel Mandamus, Is a Writ iffuing out of the Court
more, to make up the English Duty, and be enter- of King's Bench, fent by the King to the Head of
ed and the Duty paid before Landing, &c. or fome Corporation, commanding them to admit or
fhall be forfeited. 13 Geo. I. c. 7. An Allowance is reſtore a Perfon into his Place or Office, &c. 2 Inft,
made for exporting Malt, on Certificates of Of-40. It lies to reftore a Mayor, Alderman or Capi
ficers, and Security given not to re-land it; buttal Burgefs of a Corporation; a Recorder, Town-
if landed in any Part of Great Britain, the fame to Clerk, Attorney turned out of an inferior Court,
'be forfeited, and treble Value, &c. by 3 Geo. 2. c. 7. Steward of a Court, Conftable, &c. 11 Rep. 99.
·6 Geo. 2: c. I. 9 Geo. 2. & io Geo. 2. c. I. See Raym. 153. 1 Keb. 549. 2 Nelf. Abr. 1148, 1149. By
Brafium.
fome Opinions it doth not lie to restore a Common
Council-Man. 2 Cro. 540. But fee 1 Ventr. 302. A
Mandamus may be had to reftore a Freeman; and
alfo to admit one to the Freedom of the City, ha-
ving ferved an Apprenticeship. Sid. 107. To re
ftore a Fellow of the College of Phyficians, it lies;
though not for a Fellow of a College in the Uni-
verfities, if there is a Vifitor. I Lev. 19, 23. It hath
Malt-mulna, A Quern or Malt-mill; it is men-
tioned by Mat. Parif. in the Lives of the Abbots of
St. Alban's.
Maltfcot, A Payment for the Liberty of making
Malt. Somn. Gavelk. p. 27.
!
Malbeilles, (From the Fr. Malvoillance) Is ufed
in our antient Records, for Crimes and Mifdemea-
nors, or malicious Practices. Ces font les Trea-been refolved, that a Mandamus fhall not be granted
fons, Felonies, & Malveilles faits au noftre Seigneur le
Roy, & a fon People per Roger. de Mortimer, &c.
Record. 4 Ed. 3.
Malveilta, A warlike Engine to batter and beat
down Walls. Matt. Parif.
Malveilin, (Fr. Mavais voifin, malus vicinus) An
ill Neighbour.
Malveis Procuros, Are understood to be fuch as
ufe to pack Juries, by the Nomination of either
Party in a Caufe, or other Practice. Artic. fuper
Chart, cap. 10.
to reftore a Fellow or Member of any College of
Scholars or Phyfick, becauſe theſe are private
Foundations. Carthew's Rep. 92. And this Writ. lieth.
not for the Deputy of an Office, &c. yet he who
hath Power to make fuch Deputy, may have it..
Mod. Ca. 18. 1 Lev. 306. It lies not generally to
elect a Man into any Office; nor for a Clerk of a
Company, which is a private Office; or to restore.
a Barrifter expelled a Society; a Proctor, &c. 2 Lev.
14, 18. 2 Nelf. 1150, 1151. But a Mandamus may
lie to remove Perfons as well as restore them; by
Virtue of any particular Statute, on Breach thereof.
4 Mod. 233. If Justices of Peace refufe to admit one
to take the Oaths, to qualify himfelf for any Place,
&c. Mandamus lies: So to a Bifhop or Archdeacon,
to fwear a Church warden; to grant a Probate of a
Will; and to admit an Executor to prove a Will,
or an Adminiftrator; to a Re&tor, Vicär or Church-
warden, to restore a Sexton. Wood's Inft. 568. Manda-
mus lieth to admit a Man to take the Oath of Alle-
giance, &c. and fubfcribe according to the Act of
Managium, (From the Fr. Menage, a Dwelling Toleration, in order to be qualified to be a Diffen-
or Inhabiting.) Is a Manfion-houfe or Dwelling ting Minifter. Mod. Caf. Alſo à Mandamus will lic
place.
Conceffi capitale Managium meum cum to the Bishop, to grant a Licence for a Parfon to
pertinentiis, &c. Mon. Angl. Tom. 2. pag. 82. Preach, where 'tis denied, and he is in Orders for
Manbote, (Sax.) A Compenfation or Recom-it: And this Writ lies to restore a Perfon to Uni-
pence for Homicide; particularly due to the Lord
for Killing his Man or Vaffal. Spelm. de Conc. Vol. 1.
pag. 622.
Malum in le, Our Law-Books make a Diftin&tion
between Malum in fe and. Malum prohibitum. Vaugh.
Rep. 332. All Offences at Common Law generally
are Mala in fe; but playing at unlawful Games,
and frequenting of Taverns, &c. are only Mala pro-
hibita to fome Perfons, and at certain Times, and
not Mala in fe. 2 Roll. Abr. 355.
Man Jand, And Laws concerning it. See Ile.
Mana, Signified formerly an old Woman. Gerv.
of Tilb. cap. 95.
Sanca, Was a fquare Piece of Gold Coin, com-
monly valued at thirty Pence; and Mancufa was
as much as a Mark of Silver, having his Name
from Manu-cufa, being coined with the Hand. Leg.
Canut. But the Manca and Mancufa were not al-
ways of that Value; for fometimes the former was
valued at fix Shillings, and the latter as ufed by the
English Saxons was equal in Value to our Half-
Crown. Manca fex folidis aftimetur. Leg. H. 1. c. 69.
Thorn. in his Chronicle, tells us, that Mancufa eft
pondus duorum folidorum & fex denariorum; and with
him agrees Du Cange, who fays that twenty Mance
make fifty Shillings. Manca and Mancufa are pro-
miscuouſly uſed in the old Books for the fame Mo-
ney. Spelm.
Manch, Is fixty Shekels of Silver, or feven
Pounds and ten Shillings; and one hundred She-
kels of Gold, of feventy-five Pounds. Merch. Diet.
{
verfity Degrees. 2 Ld. Raym. 1206, 1334. But after
a Man is reftored on a peremptory Mandamus, he
may be difplaced again, for the fame Matters for
which he was before removed and others. Ib. 1283.
In the Writ of Mandamus, the Words are to admit
or reftore, vel Cdufam fignificare quare, &c. And if a
Corporation have Power to disfranchife a Freeman,
and they do it accordingly, if a Writ is granted to
reftore him, vel Caufam fignificare quare, and they cer-
tify a fufficient but falie Caufe, the Court of B. R.
cannot restore him, but there lies an Action for a falle
Return: And if then it be found for him, he fhall
have a peremptory Mandamus, which is ufually grant
ed after the firt Writ; or if he be imprisoned, he
may bring Action of Treſpaſs and falfe Imprifon-
ment, &c. 11 Rep. 99. 5 Mod. 254. There is to be
Judgment upon the Return of the Writ, before any
Action of the Cafe may be brought for a falfe Re-
turn of a Mandamus. 2 Lev. 238. And Returns upon
Writs of Mandamus must be certain for the Courc
to judge upon. 11 Rep. 99. By Statute, where any
6 G
Writ
A
1
in
:
*
MA
MA
Mandato panes, Loaves of Bread given to the
Poor upon Maundy Thurſday. Chartular. Glafton.
MS. fol. 29.
Manentes, Was anciently ufed for Tenentes or Te-
nants; Qui in folo alieno manent: And it was not
lawful for them or their Children to depart without
Leave of the Lord. Concil. Synodal. apud Cloverfbo.
Anno 822.
Mangonare, Signifies to buy in the Market. Leg.
Ethelred. c. 24.
Interea groffos Petraria mittit ad intus
Affidue Lapides, Mangonellufque Minores.
Manipulus, Was an Handkerchief which Priefts
always had in their Left-hands. Blount.
Writ of Mandamus fhall iffue out of B. R, &c. •the
Perfons required by Law are to make their Return
to the first Mandamus; and on the Return made
thereto, the Perfon fuing out the Writ may plead
to and traverſe all or any of the material Facts con-
tained in fuch Return to which the Perfon making
the Return fhall reply, take Iffue, &c. And the
Parties proceed as if Action had been brought for a
falfe Return; and if Judgment be given for the
Plaintiff, he fhall have Damages and Cofts, as in
Action on the Cafe, &c. 9 Ann. 20. And all the Mangonus, An Engine of War made to caft
Statutes of Feofails, fhall extend to Writs of Man-Stones; and it differs from a Petrard, as follows, viz.
damus, and Proceedings thereon. A Perfon having
a Mandamus to be admitted to any Office or Privi-
lege, ought to fuggeft whatever is neceffary to in-
title him to be admitted; and if that be not done,
or if it is falfe, it will be good Matter to return on
the Mandamus: And on the Return of theſe Writs,
as well as others of this Nature, there are uſually
great Arguments in Favour of Liberty, &c. Mod. C.
310. It has been held, that ſeveral Perfons cannot
have one Mandamus; nor can feveral join in an
Action on the Cafe for a falfe Return. 2 Salk. 433.
A Writ of Mandamus may not be directed to one
Perfon, or to a Mayor and Aldermen, &c. to com-
mand another to do any Act; it must be directed to
thofe only who are to do the Thing required, and
obey the Writ. 2 Salk. 446, 701. This Writ is not
to be Tefted before granted by the Court; and if
the Corporation to which the Mandamas is fent, be
above forty Miles from London, there fhall be fifteen
Days between the Tefte and the Return of the firft
Writ of Mandamus; but if but forty Miles, or un-
der, eight Days only; and the Alias and Pluries may
be made returnable immediate: Alfo at the Return
of the Pluries, if no Return be made, and there is
Affidavit of the Service, Attachment fhall go forth
for the Contempt, without hearing Counſel to ex-
cufe it. Ibid. 434. A Motion was made for an At-
tachment, for not returning an Alias Mandamus;
and by Holt Ch. Juft. In Cafe of a Mandamus out of
Chancery, no Attachment lies till the Pluries, for that
is in Nature of an A&tion to recover Damages for
the Delay; but upon a Mandamus out of B. R. the
firft Writ ought to be returned, though an Attach-
ment is not granted without a peremptory Rule to
return the Writ, and then it goes for the Contempt,
&c. Ibid. 429.
Mandamus, Was alfo a Writ that lay after the
Year and Day, where in the mean Time the Writ,
called Diem claufit Extremum, had not been fent out
to the Efbeator, on the Death of the King's Tenant
in Capite, &c. And was likewife a Writ or Charge
to the Sheriff, to take into the Hands of the King
all the Lands and Tenements of the King's Widow
Tenant, who againſt her Oath married without his
Confent. F. N. B. 253. Reg. Orig. 195.
Mandatary, (Mandatarius) Is he to whom a Com-
mand or Charge is given.
Mandate, (Mandatum) Is a Commandment judi-
cial of the King, or his Juftices, to have any Thing
done for the Diſpatch of Juftice; of which there is
great Diverſity. Reg. Judic. And we read of the
Bishop's Mandate, to the Sheriff, &c. Stat. 31 Eliz.
c. 9. A Mandate may be iffued by the King's Bench
to fwear a Church- warden, or Pariſh-Clerk, &c.
when refuſed to be fworn by the Bishop's Minister.
March. Rep. 22, 101.
Mandati dies, Mandie or Maundey Thursday, the
Day before Good Friday, when is commemorated
and practiſed the Command of our Saviour, in wash
ing the Feet of the Poor, &c. And our Kings of
England to fhew their Humility, long executed the
ancient Cuſtom on that Day, of wathing the Feet
of poor Men, in Number equal to the Years of
their Reign, and giving them Shoes, Stockings and
Money.
4
Manner, (From the Fr. Manier, or Mainer, i. e.
Manu tratare,) To be Taken with the Manner, is
where a Thief having ftolen any Thing, is taken
with the fame about him, as it were in his Hands ;
which is called Flagrante delicto. S. P. C. 179. Such
a Criminal is not bailable by Law: And anciently
if one guilty of Felony or Larceny had been fresh-
ly purfued, and taken with the Manner, and the
Goods fo found upon him had been brought into
Court with him, he might be tried immediately,
without any Appeal or Indictment; and this is faid
to have been the proper Method of Proceeding in
fuch Manors which had the Franchife of Infangthefe.
H. P. C. 201. S. P. C. 28. 2 Hawk. P. C. 211.
Manning, (Manopera) A Day's Work of a Man;
and in ancient Deeds there was fometimes reſerved
fo much Rent, and fo many Mannings.
Mannire, Is where one is cited to appear in
Court, and ſtand to Judgment there: It is different
from Bannire; for though both of them fignify a
Citation, one is by the adverfe Party, and the other
by the Judge. Leg. H. 1. c. 10.
Manor, (Manerium, derived from the Fr. Mainour,
i. e. Habitatio, or from Manendo, of abiding, becauſe
the Lord of it did ufually refide there) Is an an-
cient Royalty or Lordship, formerly called Barony,
confifting of Demefnes and Services, and of a
Court-Baron as incident to it: It is a noble Kind of
Fee, granted out partly to Tenants for certain Ser-
vices to be performed, and partly referved to the
Ufe of the Lord's Family, with Jurifdi&tion over his
Tenants for their Farms or Eftates. And as to the
Original of Manors, it is faid, that after the Con-
queft there were certain Circuits of Ground granted
by the King or Conqueror to fome Barons or Men
of like worth, for them and their Heirs to dwell
upon, and exercife Jurifdiction, more or lefs with-
in their Territories, as the King thought fit to
grant, performing fuch Services, and paying fuch
yearly Rent for the fame, as he by his Grant re-
quired; and that afterwards thefe great Men allot-
red Part of their Lands to other meaner Men, re-
ferving again to themfelves Rents and Services; and
by that Means, as they became Tenants to the
King, fo the inferior Tenants became Tenants to
them. Horn's Mirr. Fuft. lib. 1. But at this Time a
Manor rather fignifies the Jurifdiction and Royalty
Incorporeal, than the Land; for a Man may have
a Manor in Grofs, that is the Right and Interest of
a Court-Baron, &c. and another enjoy all the Land
belonging to it, Kitch. 4. Bract. lib. 5. tract. 5. c. 28.
A Manor may be compounded of divers Things; as
of an Houfe, Arable Land, Meadow, Pafture,
Wood, Rents, Advowfon, Court Baron, &c. And
it comprehends Meffuages, Lands, Woods, &c.
Mich. 4 Eliz. And it is faid a Parfonage may be a
Manor, if granted by the Parfon, Patron and Or-
dinary, &c. to be held of the Parfon by certain.
Services. Pafch. 22 Eliz. By a Grant of the De-
.mefnes
1
(
:
MA
MA
mefnes and Services, the Manor paffeth; and by laughter, as now; for we find, if a Man were killed
Grant and Render of the Demefnes only, the Ma- wilfully and premeditately, then the Offender was
nor is deftroyed, becaufe the Services and Demefnes to be delivered to the Kindred of the Slain, Exc.
are thereby fevered by the Act of the Party; tho' But if on his Trial, the Fact was proved not to be
it is otherwife, if by A&t of Law, as by Partition. wilful, then he was refigned to the Biſhop, &c. Leg.
6 Rep. 63. There are two Coparceners of a Manor; 53: Manslaughter must be upon a fudden Quarrel,
the Demefnes are affigned to one, and the Services where the Party guilty doth not appear to be Ma-
to the other, the Manor is gone; but if one die fter of his Temper, by talking calmly on the Quar-
without Iffue, and the Manor defcends to her who rel, or afterwards in other Difcourfe, whereby the
had the Services, the Manor is revived again, for Heat of Blood may be prefumed to be cooled.
the Severance was by A& in Law. 1 Inft. 122. 8 Crompt. 23. Kel. 56. Therefore if two Perfons meet
Rep. 79. 3 Salk. 25, 40. A new Manor may arife together, and in ftriving for the Wall, one of them
and revive by Operation of Law. I Leon. 204. A kills the other, this is Manslaughter: And ſo it is if,
Manor cannot be without a Court-Baron: And it upon a fudden Occafion, they had gone into the
must be Time out of Mind; at this Day a Manor Fields and fought; and one had killed the other ; for
cannot be made, becauſe a Court-Baron cannot now all is one continued A&t of Paffion, on the firft fud-
be made. 1 Inft. 58, 108. It may contain one or den Occafion. 3 Inft. 51, 55. H. P. C. 48. And if two
more Villages or Hamlets; or only great Part of a Perfons who have formerly fought on Malice, are
Village, &c. And there are capital Manors, or Ho- afterwards to all Appearance reconciled, and fight
nours, which have other Manors under them, the again on a freſh Quarrel, and one of them is killed,
Lords whereof perform Cuftoms and Services to the it fhall not be conftrued that they were moved on the
fuperior Lords. 2 Inft. 67. 2 Roll. Abr. 72. There old Grudge, unless it appear by the whole Circum-
may be alfo cuſtomary Manors granted by Copy of ftances of the Fa&t. 1 Hawk. P. C. 82. If two Men
Court-Roll, and held of other Manors. 4 Rep. 26. fall out on a Sudden and fight, and one breaks his
11 Rep. 17. But it cannot be a Manor in Law, if it Sword, and a Stranger ſtanding by lends him ano-
wanteth Freehold Tenants; nor be a Cuftomary Ma-ther, with which he kills his Adverfary, it is Man-
without Copyhold Tenants: If all the Freeholds laughter in both. H. P. C. 56. And where a Stranger
efcheat or come to the Lord by Purchaſe, the Ma-to a Perfon, a Man's Servant, &c. coming fuddenly,
nor is loft; fo if there are no Suitors in a Court- fees him fighting with another, and fides with him
Baron but one, or there be only one Copyholder in and kills the other; this is only Manslaughter: Alfo if
a Cuftomary Manor: For there fhould be two Free- a Man's Friend is affaulted, and he in Vindication
holders, or Suitors at leaft. I Inft. 58. Lit. 73. 2 Roll. of his Friend, on a Sudden takes up a mifchievous
Abr. 121. But it is faid, if there be but one Free- Inftrument, and kills the Enemy of his Friend, this
hold Tenant, the Seigniory continues between the is Manslaughter: So where a Perfon in refcuing ano-
Lord and that one Tenant. 1 And. 257. 1 Nelf. Abr. ther injuriously reftrained of his Liberty, by pre-
524. The Cuftom remains, where Tenements are tended Prefs-Mafters, &c. kills any of them. H. P. C.
divided from the reft of the Manor, the Tenants 57. Plowd. 101. Kel. 46, 136. But if the Perfon
paying their Services; and he who hath the Free-killed were a Bailiff, or other Officer of Juftice, re-
hold of them, may keep a Court of Survey, &c. fifted by any one in the duc Execution of his Duty;
Cro. Eliz. 103.
nor,
Manfe, (Manfa) An Habitation, or Farm and
Land. Spelm. See Manfum.
it would be Murder. Kelw. 67, 86. If a Mafter go
with Malice to kill a Perfon, and his Servants be-
ing with him know nothing thereof, and then they
Manlion, (Manfio à Manendo) Among the anti-join in the Affault and Murder; it is but Manſlaugh-
ent Romans was a Place appointed for the Lodging ter in the Servants: Though if the Maſter have Ma-
of the Prince, or Soldiers in their Journey; and in lice, and he tells his Servants of it, and that his In-
this Senſe we read Primam Manfionem, &c. It is tention is to kill the Party, and they go with their
with us moſt commonly uſed for the Lord's chief Matter; if they kill him, it is Murder in both Ma-
Dwelling-houſe within his Fee; otherwife called fter and Servants. Dyer 26. 9 Rep. 66. Plowd. 100.
the Capital Meffuage, or Manor Place. Skene. Some There were two Men in an inner Chamber, quarrel-
fay it is a Dwelling of one or more Houfes without ling, and together by the Ears; a Brother of one
a Neighbour: And Manfion-houſe is taken in Law of them ftanding at the Door, that could not get in
for any Houſe of Dwelling of another; in Cafes of cried to his Brother to make him fure, and prefent-
committing Burglary, &c. 3 Co. Inft. 64. The Latin ly after he gave the other a mortal Wound; this was
Word Manfia, according to Sir Edward Coke, feems held Manslaughter in him that stood at the Door.
to be a certain Quantity of Land: Hida vel Manfia, Trin. 1 Fac. I. Shep. Abr. 493. Several Perfons ha-
and Manfa, are mentioned in fome old Writers and ving forcible Poffeffion of a Houſe, afterwards killed
Charters. Fleta, lib. 6. And that which in ancient the Perfon whom they had ejected, as he was en-
Latin Authors was termed Hida, was afterwards cal-deavouring in the Night forcibly to regain the Pof-
led Manfus. Manfio effe poterit conftructa ex pluribus feflion, and to fire the Houfe; and they were ad-
Domibus vel una, que erit babitatio una & fola fine vi-judged only guilty of Manflaugter, notwithstanding
cino; etiam & fi alia Manfio fit vicinata non erit villa they did the Fact in Maintenance of a deliberate
quia villa eft ex pluribus Manfionibus vicinata & collata Injury, becaufe the Party flain was fo much in Fault
ex pluribus vicinis. Bra&. lib. 5. tra&t. 5. p. 1. himfelf: Yet if in fuch, or any other Quarrel, whe-
Mandaughter, (Homicidium) Is the unlawful Kil-ther it were fudden or premeditated, a Juftice of
ling a Man without any prepenfed Malice; as when Peace, Conftable, or even a private Perfon be kil-
two Perfons meet, and upon fome falling out, the led in endeavouring to keep the Peace, he who kills
one kills the other. It is done in a prefent Heat, him is guilty of Murder. 1 Hawk. 85. It hath been
on a fudden Quarrel, and upon a juft Provocation; adjudged, that upon a Killing on a fudden Quarrel,
and without any deliberate Intention of doing Mifif a Man be fo far provoked by another by Words
chief: And it differs from Murder only, in that or Geftures, as to make a Pufh at him with a Sword,
it is not done with foregoing Malice; and from or ftrike at him with any other fuch Weapon as ma-
Chancemedley, having a prefent Intent to kill. Staundf.nifeftly endangers his Life, before the other's Sword
P. C. lib. 1. cap. 9. This Crime is Felony; but for is drawn, and thereupon a Fight enfues, and he who
the first Time admits of Clergy: And there can be
no Acceffaries to this Offence before the Fact,
because it must be done without Premeditation.
H. P. C. 217. In the Laws of Canatus, the fame
Diftin&tion was made between Murder and Man
made fuch Affault kill the other, it is Murder; for
by anaulting the other in fuch a Manner, without
giving him an Opportunity to defend himself, fhew-
ed that he intended to kill him: But in Cafe he
who draws upon another in a fudden Qurrrel, make
no
C
MA
MA
}
17
+
no Pafs at him till his Sword is drawn, and then But if an unlawful A&t be done with an ill Intenti
fighting with him kill him, he is guilty of Man- and the Act is deliberate, if Death happens, it is
Laughter only becaufe by giving the other Time Murder. H. P. C. 32, 44. 3 Inft. 56. Kel. 112. A
to be on his Guard, he fhews his Intent is not foPerfon fhoots at the Tame Fowl of another, which
much as to kill as to combat with the other, accordis an unlawful Act, and kills a Stander-by, it is
ing to the common Notions of Honour. Kel. 61,Murder: If he be fhooting at Hare, Wild-Fowl, and
131. 1 Hawk. P. C. 81, S2. And as to Provocations, not qualified to keep a Gun, or to kill Game, it is
no Trefpafs, Breach of a Man's Word, or Affront by Manslaughter: And where he is qualified to keep a
Words, &c. will be thought a juft Provocation to Gun, it is only Chancemedley. 3 In. 59. Though
excuſe the Killing of another. Ibid. 130. Though in Cafes of this Nature, it ought to be confidered
if upon ill Words, as giving the Lie, or calling an- how far the unlawful Act doth tend immediately,
other Son of a Whore, both Parties fuddenly fight, or by neceffary Confequence to the Injury of ano-
and one kills the other, this is Manslaughter: And ther. H. P. C. 31. Kel. 117. A Man drives his
if one upon angry Words affaults another, by pul- Cart carelefly, and it goes over a Child in the Street,
ling him by the Nofe, and he that is affaulted draws if he fee the Child and yet drive upon him, it is
his Sword and immediately kills the other, this is Murder; but if he faw not the Child, it is Man-
but Manslaughter; for an Indignity was offered to laughter. And if a Child run cross the Way, and
the Slayer, from whence he might rerfonably ap- the Cart runs over him, before it is poffible to make
prehend that there might be fome further Defigna Stop, it is per Infortunium. Hale's Hift. P. C. 476.
upon him. Ibid. 55, 60, 135. There is a Manflaugh-See Chancemedley and Murder.
ter punishable as Murder, by Statute: By the Fac
→
Manfum Capitale, The Manor-houfe or Manfe,
Manfus Presbyteri,the Manſe or House of Re-
fidence of the Parish Prieft; being the Parfonage or
Vicarage-houfe. Paroch. Antiq. 431.
Mantheof, (From the Lat. Mannus, a Nag, and
Sax. Theoff, i. e. Thief) Signified anciently an Horſe-
tealer. Leg. Alfred.
Mantile, Is a long Robe; from the French Word
Manteau, mentioned in the Stat. 24 H. 8. c. 13.
•
1. c. 8.. If any Perfon fhall ftab another, not ha- for Court of the Lord. Kennet's Antiq. 150
ving then a Weapon drawn, or not ftricken first, fo
that he dies within fix Months, although it were
not of Malice or Fore-thought, it is Felony without
Benefit of Clergy: But this doth not extend to Per-
fons ftabbing others Se Defendendo, or by Misfortune,
c. with no Intent to commit Manslaughter; and
the Statute relates to the Party only that actually
gave the Stroke, or ftabbed the other, and not to
thofe that were aiding or abetting. H. P. C. 58. A
Blow given, or Weapon drawn at any Time during
the Quarrel, before the Thruft or Stab given, is
within the Statute; and drawing out a Piſtol, and
levying it at the Party killing, or throwing a Pot,
Bottle, & at him, are within the Equity of the
Words, having a Weapon drawn. 3 Lev. 255, 256.
So if the Party killed have a Cudgel in his Hand;
Clergy fhall be allowed. Godb. 154. And he that is
oufted of Clergy by this Statute must be fpecially
indicted upon it; though even then the Jury may
find Manslaughter generally: For the Statute makes
no new Offence, but only takes away the Benefit of
the Clergy, which was allowed at Common Law.
H. P. C. 58, 266. The Statute is but a Declaration
of the Common Law; and made to prevent the
Compaffion of Juries, who oftentimes were perfua-
Manualia Beneficia, Were the daily Diftribu-
tions of Meat and Drink to the Canons and other
Members of Cathedral Churches, for their prefent Sub-
Confuetudinem, Esc. qua Canonici &
fiftence.
alii Beneficiati feu Clerici Cathedralium, aliarum col-
legiatarum Ecclefiarum, diftributiones que Manualia Be-
neficia nuncupantur, &c. Lib. Statutor. Ecclef. Sancti
Pauli London, MS.
Manualfs Obedientia, Is used for fworn Obedi-
ence, or Submiffion upon Oath. Henricus de Teif
dale Rector Ecclefia de G. fecit pro illa Domino Johanni
Archiepifcopo Ebor. Manualem Obedientiam apud E-
bor. 11 Kal. Maii 1295. Ex Regiftr. Ebor.
1
Manucaptío, A Writ that lies for a Man taken
on Sufpicion of Felony, r. who cannot be admitted
to Bail by the Sheriff, or others having Power to
let to mainprife. F. N. B. 249.
Manuel, (Manualis) Signifies what is employed or
ded to believe that to be a Provocation to extenu-
ate the Crime of Murder, which in Law was not.ufed by the Hand, and whereof a prefent Profit may
Kel. 55. And on the Statute 1 Fac. 1. of Stabbing, it be made: As fuch a Thing in the manual Occupation
has been ufual to prefer two Indictments, one of Mur- of one, is where it is actually ufed or employed by
der, another upon this Statute, and put the Pri-him. Staund. Prerog. 54.
foner to plead to both; then to charge the Jury firft Manufacture, A Commodity produced by the
with the Indictment for Murder, and if they find it Work of the Hand; as Cloth, &c. Merch. Dict.
Manumiffion, (Manumiffio) Is the Freeing a Vil-
not to be that Crime, to enquire on the other Bill,
becauſe if convicted of either, the Offender is ex-lein or Slave out of Bondage; which was formerly
If a done feveral Ways: Some were manumitted by Deli-
cluded his Clergy. Hale's Hift. P. C. 468.
Man is taken in Adultery with another. Perfon's very to the Sheriff, and Proclamation in the Coun-
Wife, and the Husband draws his Sword and pre-ty, &c. and others by Charter; one Way of Manu-
fently kills the Adulterer; this is a juft Provocation, miffion was for the Lord to take the Bondman by the
and inakes it Manslaughter. 1 Vent. 158. Raym. 212. Head, and fay, I will that this Man be free, and then
Two Matters of Defence play at Hand-Sword, and fhoving him forward out of his Hands. And there
one wounds the other, of which he dies, it is only was a Manumiffion implied; when the Lord made an
Manſlaughter; and it is faid not to be Felony where Obligation for Payment of Money to the Bondman,
they play by the King's Command, for that they or fued him where he might enter without Suit, &c.
play by Confent to try their Manhood, and may be The Form of manumitting a Perfon in the Time of
the better able to do the King Service upon Occa- Will. 1. called The Conqueror, is thus fet down.
fion. 3 Inft. 56,.160. Dalt. 352. Hob. 134. When Si quis velit fervum fuum Liberum facere, tradat eum
two Perfons play at Foils, and one kills the other, Vicecomiti per Manum dextram, in pleno Comitatu, &
it is Manslaughter. H. P. C. 32, 57. Though if one quietum illum clamare debet a jugo Servitutis fua per
kill another at Wrestling, or fhooting in Bow and Manumiffionem, & oftendat ei liberas portas & vias,
Arrow at Buts, &c. this will not be Manslaughter in
the Offender. Kelw. 168. Theſe laft Cafes are with-
out an ill Intent: And if one ſhoots off a Gun in a
Highway, or throws a Stone over a Wall, in a Place
where People often meet, and a Perfon is killed;
or at another in Play, and kill him; if done with-
out any evil Intention, it is Manslaughter. 3 Inft. 57.
tradat illi libera Arma, fcilicet Lanceam & Gladium,
& deinde Liber homo efficitur. Lamb. Archai. 126.
Manuopera, Cattle, or any Implements used to
work in Husbandry. Mon. Angl. Tom. I. pag. 977•
Fleta, lib. cap. 52.
Manupaftus, Signifies a Domeftick; Sepe obvenit
in forenfi dialecto, pro Famulo & ferviente Domeftico.
Spelm.
I
MA
MA
Spelm. He shall be culpable as of a Thing done
by one of his Family, or by his own Hand.
Erat culpabilis tanquam de Manupafto. Leg. Hen. 1.
cap. 66.
Manure, (Colo, Melioro) To till, plough, or ma-
nure Land. Litt. Dict.
:
Manutenentia, A Writ fo called, ufed in Cafes
of Maintenance. Reg. Orig. 182, 189.
:
fame Perfon; the Word Admiral not coming into
Ufe till the latter End of the Reign of King Edw. 1.
before which Time the King's Letters ran thus:
Rex Capitaneo Marinariorum & eifdem Mari-
nariis Salutem. Paroch. Antiq. 322. The Mariners of
a Ship are accountable to the Mafter; the Mafter
Manus, Was antiently uſed for an Oath, and to the Owners; and the Owners to the Merchant,
for him that took it as a Compurgator. And it often for all Damages by Negligence, or otherwife. Lex
occurs in old Records; Tertia, quarta, &c. Manu Mercat. or Merch. Compan. 66. It has been held, that
Furare; that is, the Party was to bring fo many if Goods are ftolen from a Mafter of a Ship, whilſt
to fwear with him that they believed what he his Ship is in the River of Thames, he is chargeable;
vouched was true: And we read of a Woman accu-though not when he is gone out of the Realm, for
fed of Adultery; Mulieri hoc neganti Purgatio Sexta a Robbery committed at Sea: But it was otherwife
Manu extitit Indicta, i. e. She was to vindicate her adjudged, where it was proved there was no Negli-
Reputation upon the Teftimony of fix Compurga-gence in the Mafter. Mich. 22 Car. 2.
tors. Reg Eccl. Chrift. Cant. If a Perfon fwore a-85. If a Mariner be hired, and he deferts the
1 Mod. Rep.
lone, it was propria Manu & Unica. The Ufe of Service before the Voyage is ended, by the Law
this Word came probably from its being required Marine, and by the Common Law, he fhall loſe his
at a Perfon's Hands, to juftify him felf; or from lay-Wages: And if a Ship is loft by Tempeft, &c. the
ing the Hand upon the New Teftament, on Taking Mariners lofe their Wages as well as the Owners
the Oathe
their Freight; and this is to oblige them to uſe
their utmoft Endeavours to preferve the Ship. Leg.
Oleron. 1 Sid. 179. Where a Mariner is wounded in
the Service of a Ship, he is to be provided for at
the Charge of the Ship; and if his Illness is very
violent, he fhall be left afhore with neceffary Ac-
commodations, and the Ship is not to ſtay for him;
if he recovers, he is intitled to his full Wages, de-
ducting what the Mafter expended for him. Leg.
Ol. c. 7. The Common Law hath Jurifdiction for
Mariners Wages; and in the Admiralty they may
all join. 1 Vest. 146. Perfonating Mariners and
Receiving their Wages; and Forging Letters of
Attorney, &c. or falfly taking out Letters of Ad-
miniftration, for the Receipt of Seamens Wages, in-
curs a Forfeiture of 2001. c. Stat. 9 & 10 W. 3.
A late At hath ordained, That no Mafter of a Ship
hall retain any Seaman or Mariner, without a Con-
tract in Writing for his Wages, on Pain of forfeit-
ing 51. And if a Mariner refufe to proceed after-
wards on the Voyage, he fhall forfeit his Wages;
and on Complaint to a Juftice of Peace, he may
commit the Offender to the Houfe of Correction, to
be kept to hard Laabour, not exceeding thirty Days,
Manworth, (Sax. Manwyrd) The Price or Value
of a Man's Life or Head, mentioned by Blount.
Mara, A Mere, Lake, or great Pond, that can-
not be drawn dry. Mon. Ang. Tom. 1: p. 666.
Caftrum & Manierum de Bolyngbroke, cum Soke Ma-
ra & Marifco. Paroch. Antiq. 418.
Marca, A certain Quantity of Money. See
Mark.
Marcatu, The Rent of a Mark by the Year, an-
ciently referved in Leafes, &c. Et unum Marcatum
Redditus de, &c. Mon. Angl. Tom. 1. p. 341.
Marchers or Lords Marchers, Were thofe No-
blemen that lived on the Marches of Wales or Scot-
land; who in Times paft (according to Camden) had
their Laws, and Poteftatem. vita, &c. like petty
Kings; which are abolished by the Stat. 27 H. 8. c.
26, and 1 Ed. 6. c. 10. In old Records the Lords
Marchers of Wales were ftyled Marchiones de Marchia
Wallie. See 1 & 2 P. & M. c. 15.
Marches, (Marchia, from the Germ. March, i. e.
Limes, or from the Fr. Marque, viz. Signum, being
the notorious Diftin&tion between two Countries or c. Alfo Mariners abfenting from Ships incur a
Territories) Are the Limits between England and Forfeiture of two Days Pay, for every Day's Ab-
Wales, or between us and Scotland; which laft are fence, to the Ufe of Greenwich Hofpital; and leaving
divided into Weft and Middle Marches. 4 Hen. 5. c. 7. the fame before difcharged in Writing, forfeit one
22 Ed. 4. c. 8. 24 H. S. c. 9. And there was former-Month's Wages: But this fhall not debar any Mari-
ly a Court called the Court of the Marches of Wales, ner belonging to a Merchant Ship, from entring in-
where Pleas of Debt or Damages, not above the to the King's Service, &c. And on the Arrival of
Value of fifty Pounds, were tried and determined;
and if the Council of the Marches held Plea for
Debts above that Sum, &c. a Prohibition might be a
warded. Hill. 14 Car. I. Cro. Car. 384,
any Ship, the Mafter is to pay his Men their Wa-
ges in thirty Days, or at the Time of their Dif
charge (dedu&ting the Penalties impoſed) on Pain
of 205. Stat. 2 Geo. 2. c. 36. No Perfons fhall pay to
Marchet, (Marchetum) Confuetudo pecuniaria, in Man-any Mariner or common Seaman, for a certain
cipiorum filiabus Maritandis. Bract. lib. 2. cap. S. This Time, by any Ways or Means whatfoever, nor may
Cuftom, with fome Variation, is obferved in fome any fuch Mariner take more Wages, than after the
Parts of England and Wales, as alfo in Scotland and Rate of 35 s. a Month, on Pain of forfeiting treble
the Iſle of Guernſey: And in the Manor of Divenor in the Value of the Sum agreed; but this extends not
the County of Carmarthen, every Tenant at the Mar- to Seamen hired in Voyages, from any Parts be-
riage of his Daughter pays 10 s. to the Lord, which yond the Seas, to other Parts there, or to Great
in the British Language is called Gwabr Merched, i. e. Britain, by 14 Geo. 2. c. 38. Maſters of Britiſh and
a Maid's Fee. The Cuftom for the Lord to lie the Irish Ships, trading to the chief Ports of Spain, are
first Night with the Bride of his Tenant was very to pay a certain Tonnage Duty to Perfons there,
common in Scotland, and the North of England: But on the Freight of Goods and Merchandize; as a
it was abrogated by Malolme the Third, at the In- Contribution for Relief of Seamen fhipwrecked,
ftance of his Queen; and instead thereof a Mark and other diftreffed Subjects, &c. 9 Geo. 2. c. 25.
was paid to the Lord by the Bridegroom, from A like Duty to be paid by all Mafters of Veffels,
whence it is denominated Marcheta Mulieris. See
Maiden Rents.
Marchiare, To adjoin to, or border upon. Cowel.
Marettum, (Fr. Maret, a Fen or Maith) Signifies
marthy Ground overflowed by the Sea or great Ri-
vers. Co. Litt. 5.
Marinarius, A Mariner or Seaman : And Marina
riorum Capitaneus was the Admiral or Warden of the
Ports; which Offices were commonly united in the
&c. going from any Part of his Majeſty's Domini-
ons to Leghorn, for relieving Mariners that are ſhip-
wrecked, and taken in War, by Stat. 10 Geo. 2. c. 14.
Mariners ferving in Merchant-Ships, exempted from
being preffed into the King's Service, for two Years
from their firft going to Sea, and Apprentices three
Years, &c. Sce 13 Geo. 2. c. 17. And Sce Navy.
Mariners, Wandering up and down, and who
fhall not fettle themſelves to work, or have not a
Tefti-
6 H
}
MA
MA
+
;
1
Teftimonial under the Hand of a Juftice, fhewing Goods as are put there to be fold by the Trade of
where they landed, and whither to go, &c. Or ha- the Owner; though if the Sale be in a Warehouſe,
ving fuch Teftimonial, if they exceed the Time and not publickly in the Shop, the Property is not
limited more than fourteen Days, not being Sick in altered. 5 Rep. 83. Moor 300. Sale upon a Sun-
their Pallage home, &c. it is Felony by the Statute day, though in a Fair at Market, will not alter the
39 Eliz. c. 17. But if they cannot work for want Property of the Thing fold. 5 Rep. Perfons that
thereof, the two next Juftices upon their Complaint dwell in the Country, may not fell Wares by Retail
fhall take Order that they may be provided of in a Market-Town, but in open Fairs: But Country-
Work; or otherwife may tax the whole Hundred, men may fell Goods in Grofs there. Stat. 1. & 2
'till Relief fhall be had. Stat. Ibid. And every Pa- P. & M. All Contracts for any Thing vendible in
rifh may be charged for relieving Mariners, as for Markets, &c. fhall be binding, and Sales álter the
maimed Soldiers; and they fhall be relieved by the Property, if made according to the following Rules,
Treaſurer of the County, &c. 43 Eliz. c. 3, viz 1. The Sale is to be in a Place that is open,
Marítime, (Maritimas) Significs Sea Affairs; any fo that any one that paffeth by may fee it, and be
Thing belonging to the Sea.
in a proper Place for fuch Goods. 2. It must be
Maritima Anglie, The Profit and Emolument an actual Sale for a valuable Confideration. 3. The
arifing to the King from the Sea, which anciently Buyer is not to know that the Seller hath a wrong-
was collected by Sheriffs; but it was afterwards ful Poffeffion of the Goods fold. 4. The Sale muft
granted to the Lord Admiral
Richardus not be fraudulent betwixt Two, to bar a third Per-
fon of his Right. 5. There is to be a Sale and a
Contract, by Perfons able to contra&t. 6. The Con-
Mark, (Marca, Sax. Mearc) Of Silver is now tract must be originally and wholly in the Market
thirteen Shillings and four Pence: Though in the Overt. 7. Toll ought to be paid, where required
Reign of King Hen. 1. it was only fix Shillings and by Statute, c. 8. The Sale is not to be in the
a Penny in Weight; and fome were coined, and Night but between Sun and Sun; (though if the
fome only cut in fmall Picces; but thofe that were Sale be made in the Night it may bind the Parties.)
coined were worth fomething more than the others. A Sale thus made fhall bind the Parties, and thoſe
In former Times, Money was paid, and Things va- that are Strangers, as have a Right. 5 Rep. 83. But
lued oftentimes by the Mark; Affignavimus Regin. pro it fhall not bind the King, for any of his Goods fold
dote fua mille Marcas Argenti annuatim, 13 s. 4 d. com- in Markert Overt; though regularly it bindeth In-
putatis pro Marca. Paten. 3 Job. m. 17. We read of fants, Feme Coverts, Men beyond Sea, and in Pri-
a Mark of Gold of eight Ounces, and of 61. in Sil-fon, Perfons Non compos, &c. 2 Inft. 113. And yet
ver; or as others write 67. 13 s. 4 d. Stow's Annal. 32.
Rot. Mag. Pipe, Ann. 1 Hen. 2.
de Lucy dicitur habere Maritimam Angliæ. Pat. 8
H. 3. m. 4.
Mark to Goods, Is what afcertains the Property
or Goodness thereof, &c. And if one Man fhall ufe
the Mark of another, to the Intent to do him Da-
mage, Action upon the Cafe lieth. 2 Cro. 478. A
Penalty is inflicted in this Cafe, by Stat. 23 Eliz.
cap. 8.
ง
4
if a Sale be made by an Infant, or Feme Covert,
where they appear or are known to be fuch, (except
by a Woman Covert for fuch Things as the uſually
trades for, by her Husband's Confent) it bindeth
not. 5 Rep. $3. Sale of Goods ſtolen in London to
Brokers, &c. alters not the Property. 1 Fac. 1. c.
21. And the Statutes which ordain, that Toll-takers
fhall be appointed in Markets and Fairs to enter in
Market, (Mercatus, from Mercando) Buying and their Books the Names of the Buyers, Sellers,
Selling) Is the Liberty by Grant or Prefcription Vouchers and Prices of Horfes fold, and deliver a
whereby a Town is enabled to fet up and open Note thereof to the Buyer, &c. fecure the Pro-
Shops, c. at a certain Place therein, for Buying, perty of ftolen Horfes to the Owner, although fold
Selling, and better Provifion of fuch Victuals as in Fair or Market. 2 E 3 P. & M. c. 7. and 31
the Subject wanteth; It is lefs than a Fair; and u- Eliz. c. 12. Every one that hath a Market ſhall
fually kept once or twice a Week. Bract. lib. 2. have Toll for Things fold, which is to be paid by
cap. 24. i Inft. 220. And according to Bracton, one the Buyer, and by antient Cuftom may be paid
Market ought to be diftant from another Sex leucas for ftanding of Things in the Market, though no-
(yel Milliar.) & dimidiam, & tertiam partem dimidia: thing be fold; but not otherwife: A Piepowder
If one bath a Market by Charter or Preſcription, Court is incident as well to a Market as a Fair; and
and another obtains a Market near it, to the Nu- Proprietors of Markets ought to have a Pillory and
fance of the former; the Owner of the former may Tumbrel, &c. to punish Offenders. 12 Inft: 221.
avoid it.
1 Inft. 406. Alſo where a Man has a Inft. 272. 1 Inft. 281. Keeping a Fair or Market,
Fair or Market, and one erects another to his Pre- otherwife than it is granted; as by keeping them
judice, an Action will lie; and fo it is faid of a Ferry. upon two Days, when one only is granted; or on
2 Roll. 140. 1 Mod. 69. The Fair or Market is ta- any other Day than appointed; extorting Toll or
ken for the Place where kept: And formerly it was Fees, where none are due, &c. are Caufes of For-
cuftomary for Fairs and Markets to be kept on Sun- feiture. Finch 164. And if a Perfon erects Stalls
days; but by Statute 27 H. 6. c. 5. no Fair or Mar- in a Market, and does not leave Room for the
ket fhall be kept upon any Sunday, or upon the Feafts People to ftand and fell their Wares, fo that they
of the Afcenfion, Corpus Chrifti, Good Friday, All Saints, are thereby forced to hire fuch Stalls, the taking
c. except for neceffary Victuals, and in Time of
Harveft: And they ought not to be held in Church-tortion. 1 Ld. Raym. 149.
yards, by 13 Ed. 1. cap. 6. All Fairs are Markets :
And there may be a Market without an Owner;
though where there is an Owner, a Butcher cannot
prefcribe to fell Meat in his own Houfe upon a
Market-Day; for the Market must be in an open
Place, where the Owner may have the Benefit of it,
4 Inft. 272. No Market fhall be held out of the Ci-
to of London within feven Miles: Tho' all Butchers,
Victuallers, c. may hire Stalls and Standings in
the Markets there, and fell Meat and Provifions, on
four Days in a Week, &c. Cit. lib. 101. In the
Country, Things fold in the Markets are to be in
the ufual Place appointed for the Sale: But in
London every Shop is a Market Overt, for fuch
Ι
Money for the Ufe of them, in that Cafe, is Ex-
Marketzeld, or Marketgeld, Signifies Toll of
the Market; the Word Zeld denoting a Payment
·Et valent per Ann. le Streteward & le Market-
zeld, xviii's. in omni Terra pertinen. ad Honorem de Haul-
ton. Ex Cod. M. S. in Bibl. Cotton.
Mark-penny, Was a Penny anciently paid at the
Town of Maldon, by thofe who bad Gutters laid or
made out of their Houfes into the Streets. Hill.
15 Ed 1.
Marle, (Marla, from the Sax. Margel, i. c. Me-
dulla) Otherwife called Malin, is a Kind of Earth or
Mineral; which in divers Counties of this Kingdom
is uſed to fertilize Land. 17 Ed. 4. cap. 4.
Marleríum,
1
MA
MA
}
Marleríum, or Marletum, a Marle-pit.
Sciant quel babeant Libertatem in Marleriis, &c. Et
quod capiant Mariam ad Terram fuam Marlend. Chart.
Roger. de la Zouch.
Marque, (Fr. i. e. Bonorum detentio). In our ancient
Statures fignifies as much as Reprifáls; Marque and
Reprifal are ufed as Synonyma, and Letters of Marque
in the fame Signification. 4 H. 5. cap. 7. And the
Word Marque is fo called, because the Wrongs
whereupon thefe Letters are granted, are common-
ly about the Bounds and Limits of every Country.
2 Shep, Abr. 399.
Marquis, or Marquefs, (Marchio) Is now a Title
of Honour before an Earl, and next to a Duke: And
by the Opinion of Hotoman, the Name is derived
from the German March, fignifying originally Cuftos
Limitis, or Comes & præfectus limitis. In the Reign
of King Rich. 2. came up firft the Title of Marquefs,
which was a Governor of the Marfhes; for before
that Time thofe that governed the Marches were
called commonly Lords Marchers, and not Marqueffes,
as Judge Doderidge has obferved in his Law of No-
bility and Peerage. Selden's Mare clauf. lib. 2. cap. 19.
A Marquis is created by Patent; and antiently by
Cincture of Sword, Mantle of State, &c.
Marifcus, Is ufed for Fenny Ground in the Book
of Domesday.
$
land, to intitle the Privileges attending legal Mar
riages, as Dower, Thirds, c. And by Statute,
Popifh Recufants convict, married otherwife than ac-
cording to the Orders of the Church of England, by
a Minifter lawfully authorifed, and in fome open,
Church, &c. fhall be diſabled, the Man to be Te-
nant by the Curtefy, and the Woman to claim her
Dower, Jointure, or Widow's Eftate, &c. 3 Fac. 1.
c. 5. Marriage at Common Law is either in Right
or in Poffeffion; and a Marriage de Facto, or in Re-
putation, as among Quakers, &c. is allowed to be
fufficient to give Title to a perfonal Eftate. 1 Leon.
53. Wood's Inft. 59. But in the Cafe of a Diffenter,
married to a Woman by a Minister of the Congre-
gation, who was not in Orders; it was held that when
a Husband demands a Right to him as Husband, by
the Ecclefiaftical Law, he ought to prove himself a
Husband by that Law, to intitle him to it: And not-
withſtanding the Wife, who is the weaker Sex, and the
Children of this Marriage, may intitle themselves to a
temporal Right by fuch Marriage; yet the Husband
fhall not, by the Reputation of the Marriage, un-
lefs he hath a fubftantial Right: And this Mar-
riage is not a meer Nullity, becaufe by the Law of
Nature the Contract is binding; for though the po-
fitive Law of Man ordains Marriage to be made by
a Prieft, that Law only makes this Marriage irregu-
Marriage, (Maritagium) Is a civil and Religious lar, and not exprefly void. 1 Salk. 119. Marriages
Contract, whereby a Man is joined and united to contracted between lawful Perfons, being folem-
a Woman, for the Ends of Procreation; and figni- nized in the Face of the Church, and confumma-
fies not only the lawful Joining of Man and Wife;ted, were declared valid, notwithstanding any Pre-
but also the Intereft of beftowing a Ward or Wi-contract, not confummated, by Stat. 32 H. 8. c. 38.
dow in Marriage, in our ancient Law. Magn. Chart. But this was repealed by 2 & 3 Ed. 6. c. 23. And
c. 6. And Maritagium is likewife applied to Land all Marriages folemnized by Justices of Peace, du-
given in Marriage; and that Portion which the Hus-ring Oliver's Ufurpation, were ordained to be good
band receives with his Wife. Bract. lib. 2. cap. 34. and valid, as if folemnized according to the Rites
Glanv. lib. 7. c. 1. In this Senfe there are divers and Ceremonies of the Church. Stat. 12 Car. 2. c. 33.
Writs De Maritagio, &c. Reg. 171. There's further The Marriages that are made in an ordinary Courſe,
a Term called Duty of Marriage, fignifying an Ob- are to be by asking in the Church, and other Ce-
ligation on Women to Marry; who formerly held remonies appointed by the Book of Common
Lands charged with perfonal Services, in order to Prayer. 23 E. 6. c. 21. By the Ordinances of the
render them by their Husbands. Cowel. Marriage is Church, when Perfons are to be married, the Bans
generally the Conjunction of Man and Woman in a of Matrimony fhall be published in the Church
conftant Society and Agreement of Living together; where they dwell three feveral Sundays or Holidays,
till the Contract is diffolved by Death or Breach of in the Time of Divine Service; and if at the Day
Faith, or fome notorious Misbehaviour, deftructive appointed for their Marriage, any Man do alledge
of the End for which it was intended. It is one any Impediment; as Precontract, Confanguinity,
of the Rights of human Nature; and was infti- or Affinity, Parents not confenting, where under
tuted in a State of Innocence, for Prefervation Age, &c. why they fhould not be married, and be-
thereof: And nothing more is requifite to a compleat come bound with Sufficient Sureties to prove his
Marriage by the Laws of England, than a full, free, Allegation, then the Solemnization must be deferr'd
and mutual Confent between Parties, not difa- until fuch Times as the Truth is tried. Rubrick.
bled to enter into that State, by their near Relation And no Minifter fhall celebrate Matrimony between
to each other, Infancy, Precontract or Impotency; any Perfons without a Faculty or Licence, except
and as to the Solemnization of Marriage, this is the Bans of Marriage have been firft publifhed as
regulated by the Laws and Cuftoms of the Nation dire&ted, according to the Book of Common Prayer,
where we refide; and every State allows fuch Pri-on Pain of Sufpenfion per triennium; nor fhall any
vileges to the Parties as it deems expedient, and
denies legal Advantages to thofe who refufe to fo-
lemnize their Marriage in the Manner the State re-
quires; but they cannot diffolve a Marriage cele-
brated in another Manner, Marriage being of Divine
Inftitution, to which only a full and free Confent
of the Parties is neceffary. Before the Time of
Pope Innocent III. there was no Solemnization of
Marriage in the Church; but the Man came to the
Houfe where the Woman inhabited, and led her
home to his own Houfe, which was all the Cere-
mony then uſed: And it has been fince held, that
if a Man and a Woman are married by a Prieſt in a
Place which is not a Church or Chapel, and with-
our any Solemnity of the Celebration of Mafs, yet
it is a good Marriage. Moor's Rep. 170 1 Rol. Abr.
359. I Sid. 64. Marriages by Romish Priests, whofe
Orders are acknowledged by the Church of England,
are deemed to have the Effects of a legal Marriage
in fome Inftances; but Marriages ought to be folem-
nized according to the Rites of the Church of Eng-
Minifter, under the like Penalty, join any Perfons
in Marriage, who are fo licenfed, at any unfeafona-
ble Times, or in any private Place, &c. Canon 62.
Alfo on the granting of Licences, Bond is to be
taken, that there is no Impediment of Precontract
Confanguinity, &c. Nor any Suit or Controverſy
depending in any Ecclefiaftical Court, touching any
Contract of Marriage of either of the Parties, with
any other; that neither of them are of better Eftate,
than is fuggefted; and that the Marriage be openly
folemnized in the Parish Church where one of the
Parties dwelleth, or the Church mentioned in the
Licence, between the Hours of Eight and Twelve
in the Morning: Oath is to be likewife made before
one of the Doctors of the Commons, that the
Man and Woman live at fuch a Place, are willing
to marry, and as to there being no Impediment, &c.
Licenſes to the contrary fhall be void; and the
Parties marrying are fubje&t to Punishment as for
But notwithſtand-
clandeftine Marriages. Can. 102.
ing the Canons aforementioned, Marriages, efpe-
cially
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cially of Perfons of Quality, are frequently in Marriage, and to baftardife the Iffue: But a Prohi-
their own Houfes, out of Canonical Hours, in the bition was granted. quoad the Annulling the Mar-
Evening, and oftentimes folemnized by others in riage, and Baftardifing the Iffue, and giving Leave
other Churches, than where one of the Parties lives, to proceed to punish the Inceſt. 2 Salk. 548. 4 Mod.
and out of Time of Divine Service, &c. There 182. A Perfon may not marry his Sitter's Daughter:
are befides fome Things difus'd on granting Licences And a Sifter's Baftard Daughter is faid to be
for Marriage; as the Teftification of Witneffes of the within the Levitical Law of Affinity; it being mo-
Confent of Parents, when the Woman is under Age, rally as unlawful to marry a Baſtard as one born in
c. Though I don't know by what Authority, all Wedlock, and 'tis fo in Nature; and if a Baftard
thefe Things are difpenfed with, except it be in Re- doth not fall under the Prohibition Ad proximum
gard to the Subftance of the Marriage, to make the Sanguinis non accedas, a Mother may marry her
fame good without all the Ceremonies. Parfons, Baftard Son. 5 Mod. 168. 2 Nelf. Abr. 1161. There
Vicars or Curates, marrying any Perfons, or em- are Perfons within the Reafon of the Prohibition of
ploying other Minifters to do it, without publishing Marriage, though not mentioned, and muft be pro-
the Bans of Mattrimony according to Law, or with-hibited; as the Father from marrying his Daughter,
out a Licence for the Marriage firft had and obtain'd, the Grandfon from marrying the Grandmother, &c.
fhall for fool. The Perfon fo married, 101. and 2 Nelf. ibid. Vaugh. 321. The Temporal Courts by
Parifh Clerks, &c. affifting, knowing it to be fo 51. the Stat. 28 H. 8. c. 7. are to determine what Mar-
Stat. 78 W. 3. c. 35. And by a fubfequent A&t,riages are within or without the Levitical Degrees;
the preceding Statute is confirm'd; and extends to and prohibit the fpiritual Courts if they impeach
privileged Places, fo that if a Parfon offending be any Perfons, for marrying without thefe Degrees.
a Prifoner in any Place, on Conviction he shall be Vaugh. 206. 2 Ventr. 9. And it is faid, were it not
removed to the County Gaol, there to remain in for that Statute, we should be under no Obligation
Execution charged with the faid Penalty of 100l. to obferve the Levitical Degrees. Ibid. When there
&c. 10 Ann. c. 19. Before thefe Statutes, an Infor- is a perpetual Impotency; Fear or Imprisonment,
mation was exhibited againſt certain Perfons for fo that there can be no Confent; or where Per-
Combination, in procuring a clandeftine Marriage fons are precontracted; a Man or a Woman have
in the Night, without Bans or Licence, between a a Wife or Husband living, &c. in fuch Cafes the
Maid- fervant and a young Gentleman who was Heir Marriages are to be adjudged void, as prohibited
to an Estate, the Perfon being in Liquor; and they by God's Law. 1 Inft. 235.
were fined 100 Marks, and ordered to be committed riage of a Lunatick, or one not of found Mind,
2 Inft. 687. The Mar-
till paid: But it doth not appear that the Marriage is alfo now void. 15 Geo. 2. cap. 30. And although
could be made void. Cro. Car. 557. Marriages are matrimonial Caufes have been for a long Time de-
Prohibited in Lent, and on Fafting-Days, becaufe terminable in the Ecclefiaftical Courts, they were
the Mirth attending them is not fuitable to the Hu- not fo from the Beginning; for as well Cauſes of
miliation and Devotion of thofe Times; yet Perfons Matrimony as Teftamentary, were Civil Cauſes and
may marry with Licences in Lent, although the appertained to the Jurifdiction of the Civil Magi-
Bans of Marriage may not then be published. And trate, until Kings allow'd the Clergy Cognizance
formerly, in Popish Times, Priefts were reftrained of them. Davis's Rep. 51. If Perfons married are infra
from Marriage, and their Iffue accounted Baftards, annos Nubiles, the Eccleffaftical Judges are to judge
2.c. But on the Reformation, Laws were made, as well of the Affent, whether fufficient, &. as of
declaring that the Marriage of Priests fhould be law- the firft Contra&; and where they have Cogni-
ful, and their Children legitimate; tho' the Pream- fance, the Common Law Judges ought to give Cre-
bles to thofe Statutes fet forth, that it would be bet- dit to their Sentences, as they do to our Judgments.
ter for Priefts to live chafte, and feparate from. the 7 Rep. 23. Loyalty or Lawfulness of Marriage is al-
Company of Women, that they might with the ways to be tried by the Bishop's Certificate; or In-
more Fervency attend the Miniftry of the Gofpel. quifition taken before him, and Examination of
2 & 3, and 5 & 6 Ed. 6. All Perfons of the Age Witneffes, &c. Dyer 303. If the Right of the Mar-
of Confent to marry, (viz. A Man at Fourteen, and riage come naturally in Queſtion, as in Dower, c.
a Woman at Twelve) who are not prohibited by the Lawfulneſs of Marriage is to be tried by the
the Levitical Degrees, or otherwife by God's Law, Bishop's Certificate; but in a Perfonal Action,
may lawfully marry: But Marriages made within the where the Right of Marriage is not in Queſtion, it
Degrees, are inceftuous and unlawful. I Inft. 24. is triable by Jury at Common Law. I Lev.41. Whe-
2 Inft. 684. Marriage is forbidden to thofe who are ther a Woman is married, or fhe is the Wife of fuch
of Kindred lineally; alfo between fuch as are Kin a Perfon, is triable by a Jury: And in perfonal
in the tranſverſe or collateral Line, until the fourth A&tions it is right to lay the Matter upon the Fact
Degree be paft. So in Reſpect of Affinity, which of the Marriage, to make it iffuable and triable by
arifes betwixt them that are married and the Kin- a Jury, and not upon the Right of the Marriage, as
dred of one of them, as between the Husband and in real A&tions and Appeals. I Inft. 112. 3 Salk.
the Relations of the Wife; but this prohibits Mar 64. If the Marriage of the Husband is in Queftion,
riage only to the Perfons contracted, &c. for the Marriage in Right ought to be, and that shall be
Coufins or Confanguinity to my Wife, are of Affi- tried by Certificate. Leon. 53. But if on Cove-
nity to me only, and not to my Brothers, or nant to do fuch a Thing to another upon the Mar-
Children by a former Wife. 2 Shep. Abr. 414. The riage of a Man's Daughter, the Party alledges that
Son of a Father by another Wife, and Daughter of he did marry her, &c. This fhall be tried per Pais;
a Mother by another Husband, Coufin Germans, for the Marriage is only in Iffue, and not whether
c. may marry with each other: A Man may not he was lawfully efpoufed. Cro. Car. 102. Conditions
marry his Brother's Wife, or Wife's Sifter; an against marrying generally, are void in Law: And if
Uncle his Niece, an Aunt her Nephew, &c. But a Condition is annexed to a Legacy; as where Mo-
if a Man take his Sifter to Wife, they are Baron ney is given to a Woman, on Condition that ſhe
and Feme, and the Iffue are not Baftards, 'till a marries with Confent of fuch a Perfon, &c. fuch a
Divorce. Levit. c. 18, 20. 2 Inft. 683. 1 Rol. Abr. | Condition is void by the Ecclefiaftical Law, becauſe
340, 357 5 Mod. 448. A Libel was exhibited the Marriage ought to be free without Coercion ;
against a Perfon for marrying his Wife's Sifter; the yet it is faid it is not fo at the Common Law. 2 Nelf.
Defendant fuggefted for a Prohibition, that his Abr. 1162. Poph. 58, 59.
Wife was dead, and he had a Son by her, to whom tracts to marry with A. and after marries B. where-
an Eftate was defcended as Heir to his Mother; upon A. fues him in the Spiritual Court, and Sen-
yet the Ecclefiaftical Court proceeded to annul the tence is given that he ſhall eſpouſe A. and cohabit
>
1
2 Lill. 192.
A Man con-
4
with
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with her, which he doth, and they have Iffue, fuch
Iffue fhall inherit, though there was no Divorce
from the Marriage of B. Moor 169. 1 Dany. Abr. 700.
If Perfons are married before the Age of Confent,
they may at that Age difagree and marry again,
without any Divorce: Though if they once give
Confent when at Age, they cannot afterwards dif
agree; and where they are married before, there
needeth not a new Marriage, if they agree at that
Age. 1 Inft. 33. 2 Inft. 182. A Man is at the Age of
Confent, and the Woman not; or the Woman of
Age, and the Man not; he or she may difagree to
the Marriage at the other's coming of Age to con-
fent, as well as the other, for there is a mutual
Power of Difagreement. 3 Inft 88 6 Rep. 22. 1 Danv.
Abr. 699. A Woman cannot difagree within her
Age of twelve Years, till which the Marriage
continues; and before her Difagreement is void
1 Danv. 699. -Tho' if a Man marries a Woman un-
der that Age, and afterwards the within her Age of
Confent difagrees to the Marriage, and at her Age
of twelve Years marries another; now the firft Mar-
riage is abfolutely diffolved, fo that he may take
another Wife; for although the Difagreement with-
in the Age of Confent was not fufficient, yet her
Taking another Husband at the Age of Confent,
and cohabiting with him affirms the Difagreement,
and fo the firit Marriage is avoided. Moor 575, 764.
If after Difagreement of the Parties, at the Age of
Confent they agree to the Marriage, and live toge-
ther as Man and Wife, the Marriage hath Conti-
nuance, notwithſtanding the former Difagreement:
But if the Disagreement had been before the Ordi-
nary, they could not afterwards agree again to
make it a good Marriage. 1 Danv. Abr. 699. If either
Party be under leven Years of Age, Contracts of
Marriage are abfolutely void: But Marriages of
Princes made by the State in their Behalf, at any
Age, are held good; though many of thofe Con-
tracts have been broke through. Swinb. Matrimon.
Contr. By the Laws of England, where a mutual
Contract of Marriage in Words of prefent Time can
be proved, the Ecclefiaftical Courts will compel
the Parties to folemife their Marriage, although
either or both of them are married elsewhere, and
Children have been the Fruits of it; and the
Children of fuch Marriages are deemed Baftards.
Read. Stat. 4 Vol. 192. If the Contract is made in
Words of future Time, and this is not carried into
Execution by Confummation, &c. and the Parties
marry elsewhere, the Marriage is good. A Contract
of Marriage in the prefent Time is when it is faid,
I marry you; You and I are Man and Wife, &c. And
fuch Contract is a Marriage, and not relcafable; but
a Contract of Marriage in future Time, which is,
where it is faid, I will marry You, or I Promise to
marry You, &c. is releafeable. Eaft. Term. 2 Ann.
B. K. Holt Ch. Juft. held, that if a Contract was in
Words of future Time, as I will take thee, &c. and
the Man does take her accordingly, and cohabit
with her, 'tis a Marriage; and the Spiritual Court
cannot puniſh for Fornication. Mich. § Ann. 2 Salk.
477, 478. And it has been adjudged on a Promife of
future Marriage, if the Parties afterwards lie toge-
ther, the Contract paffes thereby into a real Marriage
in Conftruction of Law. Swinb. I will take, and I do
take, are Words of Contract in the future and pre-
fent Time; and the Words, I will take Thee from
henceforth, &c. are as much as I do take Thee, and
an abfolute Marriage: If it is demanded of a Man,
whether he will take the Woman to his Wife, and
he anſwers, I will; and it is demanded of the Wo-
man, if he will take the Man to her Husband, and
fhe answers, I will; by this Marriage, and not
Spoufals is faid to be contracted. Ibid. It is not
neceffary in Contracts of Marriage, that both Parties
ufe the fame Words or Expreflions; for if one
Party fays I will marry Thee, and the other an-
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actual
fwers, I am content, &c. hereby Spoufals de futuro
are contracted: And if a Man fay to a Woman, I
Promife to marry Thee, and if thou art content to
marry me, Kifs me, or give me thy Hand, if the Wo-
man do Kifs or give her Hand, Spoufals are con-
tracted. Swinb. p. 210. Allo if a King be folemnly
delivered by a Man, and put on the Woman's
Fourth Finger; if the accepts and wears it, with-
out any Words, the Parties are prefumed to have
mutually confented to Marriage. Ibid. And where
the Promife of the Man is proved, but no a
Promife on the Woman's Side; if the carry herſelf
as one confenting and approving the Promife of the
Man, it is Evidence that the Woman likewife pro-
miled. Pafch. 3 Ann. 3 Salk. 16. In Contracts it is
not neceffarily required, that the Parties contract
Matrimony at the fame Inftant, by Antwering one
another; but if there be fome Diftance of Time be
twixt the Promife of the one and the other, the Con-
tract may be good, if the Party firft promifing conti-
nues in the fame Mind, until the other Party hath
promifed: But where Perfons are under Age to con-
fent, this is not Matrimony, but Spoufals, if it be
either, becauſe at their Ages they may diffent; and
when Words of the Contract are only conditional en
one Side, and on the other abfolute; or if the Words
are fpoken in Jeft, they are not obligatory. Swinb.
If a Father or Mother promife Marriage for their
Child, the Silence of the Child being prefent and
hearing the fame, hath been adjudged a Confent to
the Contract. Ibid. 69. And Contracts of Marriage
may be by abfent Parties, by Mediation of their
Proctors, or by Meffengers or Letters; when by Proxy
it is by fpecial Power of Attorney to con ract Ma-
trimony or Spoufals for the Party in his Name,
with fuch a Woman, &c. And the Proctor fays,
I do contract Matrimony with Thee, in the Name of fuch
a One, whofe Proctor I am, &c. or that ſuch a Man
ony
doth contract Matrimony with Thee by me his Proctor;
to which the Woman anfwers, I do take him to my
Husband, by Thee being his Proctor; and both Parties
are to continue in the fame Mind until the Contract
is finished, for before that the Proctor may be re-
voked, and then the Contra&t will be void. Swinb.
A Promife or Contra&t of Marriage, by Meffenger
or Letter is good; unless it appear the Party diffents
before the other confents thereto, and the mu ual
Confent of the other Party ought to be fent immedi-
ately, or fhortly after, or it will not be good. Ihid.
By Marriage with a Woman, the Husband is in-
titled to all her Eftate real and perfonal; and the
Effects of Marriage are, that the Husband and Wife
are accounted one Perfon, and he hath Power over
her Perfon as well as Eftate, &c. 1 Inft. 557. The Mar-
riage of two Perfons doth knit them fo faft together,
that the Husband cannot give any Thing to his Wife
by Deed, during the Coverture; but by Will and
Devife he may, 2 Ann. 11. But notwithſtanding Mar-
riage, in fome Cafes the Husband and Wife are con-
fidered as divers Perfons; and fo one of them may
perform an A&t to another: As when they do it in
auter droit, where a Feoffment is made to one of
them, and Letter of Attorney to the other to give
Livery to the Feoffce, &c. Perk. Sect. 169. And it
is the fame, if the Wife have Power to fell Land by
Will; fhe may fell the fame to her Husband; and
being an Executrix, may pay a Legacy to him. I
Inft. 187. All the Goods and Chattels perfonal of the
Wife, are by the Marriage given to the Husband by
Law; fo that he may difpole of, fell or keep them.
whilft he lives, and give them away when he dies:
And that whether he furvive her, or not. 1 Inft. 299.
And all the Chattels real, fhe hath in Poffeffion in
her own Right, by the Intermarriage the Man fhall
have, and thefe by A&t executed in his Life-time
he may give, grant, c. and in Cafe he furvives
her, he will have them abfolutely. 2 Shep. Abr. 419,
It is obferved, that altho' all the Husband hath be-
6 I
fore
I
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fore the Coverture is his own, be it Goods or Lands, der Hand and Seal, fubfcribed and publifhed in the
and the Wife has immediately nothing therein; yet Prefence of two Wineffes, fhould direct and appoint;!
all that is the Wife's by their Marriage together this Marriage Bond was adjudged good. 3 Cro 376.
is made the Husband's. Ibid. The Husband fhall be Yels. 226, 227. A Man and a Woman intending to
Tenant by the Curteſy of the Wife's Land, after intermarry, he enters into Articles with her before
her Death, where he hath Iffue by her that might their Marriage, by which he agreed to fettle fuch
inherit; and the Wife fhall have Dower in her Hul Lands upon her, &c. And in Purſuance of thoſe
band's Lands after the Death of the Husband, c. Articles the marries him; if he dies before any Set-
Litt. 35, 36. Allo as the Wife doth partake of the tlement made, the Widow in Equity fhall have the
Name, fo of the Nature and Condition of the Huf Articles executed, and hold the Lands for her Life,
band by the Marriage; for if the be an Earl's Wife, 2 Ventr. 243. In Cafe Articles are enter'd into
&c.
fhe is a Counters, if a Knight's Wife a Lady; and before Marriage, and afterwards à Settlement is
if he be an Alien and made Denizen, the Wife is made different therefrom, the Court of Chancery will
fo likewife. 39 H, 6. 45. 4 H. 7. 31. Bro. 499 fet up the Articles against it; but where both are
There being divers Advantages by Marriage, to the finished before the Marriage had, at a Time when
Man and the Woman; therefore on Promife of all Parties are at Liberty, fuch Settlement will be
Marriage, Damages may be recovered, if either taken as a new Agreement between them: This is
Party refuſe to marry; but the Promife must be mu- the general Rule, unless the Deed of Settlement is
tual on both Sides to ground the Action. 1 Salk. 24 exprefly mentioned to be made in Purfuance of the
And if there be reciprocal Promifes of Marriage, as Marriage Articles, &c. whereby the Intent may ftill
the Woman's Promife to the Man is a good Confi- appear to be the fame. Talbot's Caf. 20. Articles
deration to make his Obligatory; fo his Promife to of Marriage were made for fettling Lands on the
her is a fufficient Confideration to make hers bind- Husband and Wife, and the Heirs Male and Fe-
ing: And though no Time for Marriage be agreed male of the Body of the Husband by the Wife, &c.
on, if the Plaintiff aver that he offered to mar- and a Settlement was drawn contrary to thefe Arti-
ry the Woman, and the refufed, Action lies againft cles, long after which the Husband fuffered a Reco-
her, and Damages are recoverable. Carthew 467. If very, and devifed the Land to others; it was here
a Man and a Woman make mutual Promifes of In- held to be no Bar to the Heirs Female, who were
termarriage, and the Man gives the Woman 100l. Decreed to have the Land. 2 Peere Williams 349,
in Satisfaction of his Promife of Marriage, it is a 355. Yet it is faid, where Relief is to be given in
good Difcharge of the Contract. Mod. Caf. 156. By Equity on a Settlement, it must be only to the Per-
Statute 29 Car. 2. c. 3. no Action fhall be brought fons that claim as Purchafers, as the first and other
upon any Agreement on Confideration of Marriage, Sons; and all Remainders after to the Husband's
except it be put in Writing, and fign'd by the Par- Heirs of his Body, or his Right Heirs, are volun-
ty to be charged, &c. And where an Agreement tary and not to be aided. Abr. Caf. Eq. 385. Tho
relating to Marriage must be in Writing after a a Term to raife Daughters Portions, payable at the
Year; and when it need not, vide Skinn. 353. A Pro- Age of Eighteen or Day of Marriage, in a Marriagė
mife of a Father by Letter to give Money in Marriage Settlement is limited in Remainder, to commence
with his Daughter is a fufficient Promife in Writing after the Death of the Father generally; or if it
within the Statute. 2 Vent. 361. Where a Perfon be in Cafe he die without Iffue Male of his Wife,
promifes to give his Daughter Wedding Clothes on and the dies firft without fuch Iffue, leaving a Daugh
the Marriage, the fhall have two Suits, one for the ter, . In Equity the Term is falcable during
&c.
Wedding-Day, and the other for the Time of Feaft the Lifetime of the Father, when the Daughter is
ing afterwards, according to the Dignity of the eighteen Years old, or married; becaufe every Thing
Perfon. Cro. Car. 53. Contracts and Bonds for Mo- is happened and paſt which is contingent, for 'tis
ney to procure Marriage between others, have been impoffible there fhould be Iffue Male of the Wife
held void in Equity: And where-ever a Parent or when he is dead; and as to the Father's Death,
Guardian infifts upon private Gain, on the Marriage that is not contingent, but certain, by Reafon all
of Children; Covenant or Obligation for it fhall be Men muft dic: But if there is a Contingency not
fet afide in Chancery, as extorted from the Hufyet happened, as if the Daughters are to be unmars
band. 3 Lev. 41. 1 Salk. 156. If a Man before ried, or not provided for at the Time of the Fa-
Marriage gives Bond and Judgment to the Wife, to ther's Death, c. it is otherwife. 1 Salk. 159. Upon
leave her worth 1000l. at his Death, in Confidera- | Marriages, the Settlements generally made of the
tion of a Marriage Portion, this fhall be made good Eftate of the Husband, &c. are to the Husband for
out of the Husband's Eftate, and be fatisfied before Life, after his Death to the Wife for Life for her
any Debts; provided a Judgment be not obtained Fointure, and to their Iffue in Remainder, with Li-
against him, with her Confent. An intended Huf-mitations to Trustees to fupport contingent Ufes,
band in Confideration of a Marriage, covenanted
with the intended Wife, that if fhe would marry him,
and the fhould happen to furvive him, he would
leave her worth 500l. The Marriage took Effect,
and the Wife furvived, and he did not leave her
worth that Money; the married a fecond Husband,
and he brought an Action of Debt against the Ad
miniftrator of the firft Husband for the 500l. To
which it was objected, that this being a perfonal
Action, it was fufpended by the Marriage, which
was a Releafe in Law, and fo extinct; but the
Plaintiff had Judgment, for the A&tion is not fuf-
pended, because during the Coverture there was no
Cauſe of Action: Nothing in this Cafe is due whilft
the Coverture takes Place, and the Debt arifes by
the Death of the Husband. Palm. 99. 2 Sid. 58. A
Bond was given by a Man, reciting, he was to mar
ry A. S. and that if the Marriage took Effect, and
he did furvive her, then within three Months after
her Deceaſe, he would pay to the Obligee 300%
for fuch Ufes as the faid A. S. by any Writing un-
and Leafes to Trustees for Terms of Years, to raiſe
Daughters Portions, &c. And they are made feve-
ral Ways, by Leafe and Releafe, Fine and Recovery,
Covenant to ftand feifed to Ufes, &c. Accomp. Conv. 143
Thefe Settlements the Law is ever careful to pre-
ferve, eſpecially that Part of them which relates
to the Wife; of which fhe may not be deveſted, but
by her own Fine: And if a Woman about to marry,
to prevent her Husband's Difpofal of her Land,
conveys it to Friends in Truft, and they with the
Husband after Marriage make Sale of the Same; the
Court of Chancery will decree the Purchaſer to re-
convey to her.
Tothil 43.
Where a Woman on
Marriage, by the Man's Confent makes over her
Eftare, to be at her own Diſpoſal, the Product or
Increaſe thereof, fhe can alfo difpofc of: And if the
Wife has a feparate Maintenance fettled on her by
the Husband, he may by Writing in the Nature of
a Will, give away what the faves, if she dies before
the Husband; and fhall have the fame herſelf, in
Cafe fhe outlives him, and it fhall not be liable to
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Form of a Marriage-Deed of Settlement of Lands.
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his Debts. Preced. Canc. 255. 44. But where a Set- from being defeated and deſtroyed, and for that Purpoſe to
tlement is made on the Wife, in Confideration of make Entries, and bring Actions, as the Cafe shall re-
her whole Fortune and equivalent to it; here the quire; yet nevertheless in Truft to permit and fuffer
Wife's Portion, tho' it be out on Bonds, &c. which the faid A. B. and his Affigns, to receive and take the
upon the Death of the Husband by Law furvive to Rents, Illues, and Profits thereof to his and their own
the Wife, fhall in Equity be fubject to the Huf-proper Ufe and Benefit during his natural Life; and from
band's Bond Debts, after his Deceafe, to ease the and after the Deceafe of the faid A. B. to the Ufe and
Real Eftate of the Heir. Ibid. 63. And it has been Behoof of the faid E. F. (intended Wife of the faid A. B.)
likewife held, that if after the Wife's Death, Debts and her Affigns, for and during the Term of her natural
of her's appear; the Husband fhall be anfwerable Life, for her Fointure, and in full Satisfaction and Bar
for the Debts of the Wife, fo far as he had any of her Dower or Thirds, which he may claim to have in
Money or Eſtate of hers. Ibid. 256. If a Man in any Lands, Tenements or Hereditaments, whereof or
mean Circumftances, marry a Woman of Fortune, wherein he the faid A. B. fhall at any Time during his
upon Suggeftion of Lunacy in the Wife by her Life, be feifed of any Eftate of Inheritance; and from
Friends, the Court will order her Eftate to be fo. and after the Deceafe of the Survivor of them the faid
fettled, that the may not be wrought on by her A. B. and E. bis intended Wife, to the Ufe and Behoof of the and wilt
Husband to give it to him from her Children, by of the Heirs Males of the Body of the faid A. B. on the
him or any other Husband, &c. Skinn. 110. Mar- Body of the faid E. D. lawfully to be begotten; (or to
riage is diffolved by the natural Death of the Huf- the Ufe and Behoof of the first Son of the Body of the
band or Wife, or by Divorce; and where a Mar- Said A. B. &c. and the Heirs Males of the Body of Suib
riage is diffolved by the Death of the Husband, firft Son lawfully issuing; and for Default of fuch fue,
Dower, &c. furvives to the Wife, where no Set- then to the Ufe and Behoof of the fecond Son, &c. and fo
tlement is made of the Husband's Lands, &c. See to the Third and Fourth; and then to the Fifth, Sixth,
Baron and Feme and Chancery.
Seventh, Eighth, Ninth and Tenth Son and Sons, and
all and every other Son and Sons, feverally and fucceffively
and in Remainder one after another, as they shall be in
Seniority of Age and Priority of Birth, and of the Heirs
Male of the Body of all and every fuck Sons, &c. the
HIS Indenture tripartite, made the Day and elder and the Heirs Male of his Body, always to be
Year, &c. Between A. B. of the first Part, C. D.ferred, and take before the Younger, &c. And for Default
E. F. and G. H. of the fecond Part, and E. D. Daugh- of fuch Ifue, to the Ufe and Behoof of the faid C. D.
ter of the faid, &c. of the third Part Wineffeth, That E. F. and G. H. their Executors, Adminiftrators and Af-
the faid A. B. for and in Confideration of a Marriage figns, for and during the Term of 500 Years thence next
intended (by God's Permiffion) fhortly to be had and folem-following, and fully to be compleat and ended, upon the
nized between the faid A. B. and the faid E. D. and of Trufts, and to and for the Ends, Intents and Purpofes
the Sum of 5000 1. to be had and received by the faid herein after declared, of and concerning the fame Term;
A. B. as a Marriage Portion with the faid E. and that and from and after the Expiration, or other fooner Deter-
a competent Fointure may be had, made, and provided mination of that Term, to the Ufe and Behoof of the ſaid
for the faid E. D. (in Cafe the faid Marriage hall take A B. bis Heirs and Affigns for ever. Provided always,
Effect) and for the Settling, and Affuring of the Meffuages, and it is hereby declared and agreed, by and between the
Lards, Tenements and Hereditaments herein after men-faid Parties to thefe Prefents, that the faid Term of 500
tioned, to and upon the feveral Ufes, Intents and Purpfes Years fo limited to them the faid C. D. E. F. and G. H.
berein after limited and declared, pursuant to the Agree their Executors, Adminiftrators and Affigns, as aforefaid,
ment made upon the Contract of the faid intended Mar- is upon this Condition; That if the faid A. B. Jhall haf-
riage; be the faid A. B. bath granted, aliened, releafed pen to die without fue Male, by him Begotten on the Body
and confirmed, and by thefe Prefents doth grant, alien, of the faid E. or fall leave fue Male, and fuch fue
releaſe and confirm unto the faid C. D. E. F. and G. H. Male ball die without Ifue Male of his or their Body or
(in their actual Poffeffion now being by Virtue of a Bar- Bodies begotten; and that in either of the faid Cafes,
gain and Sale, &c.) and their Heirs, All that Capital there shall happen to be one or more Daughter or Daughters
Melage commonly called, &c. and all thofe Meffuages of the faid A. B. on the Body of the faid E. begotten, that
or Tenements, &c. And all other the Meffuages, Lands, then and in fuch Cafe, if the faid A. B. his Heirs or Af-
Tenements and Hereditaments of the faid A. B. fituate, figns do, and fhall well and truly pay or cauſe to be paid
lying and being in, &c. in the County of, &c. And all to fuch Daughter or Daughters refpectively, at her and
Houſes, Buildings, Gardens, Orchards, Lands, Tenements, their respective Ages of twenty one Years or Days of Mar-
Meadows, Paftures, Feedings, Ways, Waters, Water-riage, the feveral Portions following, (that is to fay) if it
courfes, &c. to the faid Meffuages and Lands belonging or
appertaining, &c. And alfo the Reverfion and Reversions,
Remainder and Remainders, &c. And all the Eftate, &c.
of him the faid A. B of, in, and to the fame Premiffes,
and of, in, and to every Part and Parcel thereof, with
the Appurtenances; To have and to hold all and fingu-
lar the faid Meffuages, Lands, Tenements and Heredita-
ments abovementioned, and every Part and Parcel thereof,
with the Appurtenances, unto the faid C. D. E. F. and
G. H. their Heirs and Affigns, to and for the feveral
Uſes, Intents, Trufts, and Purpoſes herein after mentioned,
limited, expreſſed and declared, (that is to fay) To the
Uſe and Behoof of the faid A. B. and his Heirs, until
the Marriage between him and the faid E. D. his inten-
ded Wife, fhall be had and folemnized; and from and
after the Solemnization thereof, to the Ufe and Behoof of
the faid A. B. and his Affigns, for and during the Term
of his natural Life, without Impeachment of Wafe; and
from and after the Determination of that Eftate, by For-
feiture, or otherwise, to the Ufe and Behoof of the faid
C. D. E. F. and G. H. and their Heirs, for and during
the natural Life of the faid A. B. In Trust, to preserve
and fupport the contingent Remainders herein after limited.
fhall happen there fhall be but one fuch Daughter, then the
Sum of 5000 1. for the Portion of fuch Daughter, to be
paid to her at her Age of twenty one Years, or Day of Mar-
riage, which shall first happen, with Intereft in the mean
Time after the Rate of 5 1. per Cent, per Annum ; and
if it ſhall happen that there shall be two or more such
Daughters, then the Sum of 6000 1. &c. for the Portions
of fuch two or more Daughters, to be equally divided a-
mong them, Share and Share alike, and to be paid to them
respectively at their respective Ages of twenty one Years or
Days of Marriage, which shall first happen, with Interest
therefore in the mean Time, &c. And if any fuch Daugh-
ter or Daughters fhall happen to die unmarried, before her
or their Portion or Portions Jhall become payable as aforesaid,
then the Portion or Portions of her or them fo dying, ſhall go
and be paid to the Survivors or Survivor of them, equally
to be divided among them, Share and Share alike, (to he
paid at the fame Time as the original Portions fhould or
ought to become payable, as aforefaid, in Cafe they had
been living) So as no one fuch Daughter fhall have for her
Portion by Survivorship, or otherwife, by Virtue of the faid
Term of 500 Years, above the Sum of 5000 l. And in
Cafe there fhall be no fuch Daughter who fball live to be
married,
1
MA
MA
And ferither.
-
Part
thereof with the Appartenances, fhall be and enu¹é, and
fhall be adje de'd, efleem'd and taken to be and enure, to
and for the feveral Uſes, Intents and Purpoſes abovementi
oned, limited, expressed and de lared, according to the true
Intent and Meaning of thefe Prefents, and to and for none
other Ufe, Intent or Purpoſe whatſoever. In Witneſs, &c.
By Statute, o fteal of take away any Woman,
having an Estate in Lands or Goods, or that is
Heir apparent, against her Will, and marry or defile
her, is Felony. 3 H. 7. cap. 2. And if any Perfons
married, do marry any other Perfon, the former
Husband or Wife being alive, it is Felony: But
where a Husband or Wife are abroad beyond Sca;
&c. feven Years, the one not knowing the other to
be living; or there is a Divorce of the Husband and
Wife, &c. they are excepted out of the A& Fac.
1. c. 11.
married, or attain the Age of twenty one Years, that then, the Law whatſoever already had, made, levied, fuffered,
ard in either of the faid Cafes fo happening, the Said Term executed or acknowledged, or at any Time hereafter to be
fhall cease, determine, and be void; any Thing herein con· bad, made, &c. of the faid Meffſuagès, Lands and Fre-
tained to the contrary notwithstanding. Provided al'o, miffes abovementioned, or any Part thereof, either alone or
and upon this further Condition, that in Cafe the faid A B. jointly with any other Lands, Tenements or Hereditaments,
Shall happen to die without fuck fue Male as aforefais, by or between the faid Parties to thefe Prefents, or ly or bi-
and shall ha¦pen to leave one or more Daughter or Daugh tween them or any of them; and any other Perſon or Per-
ters, as aforefaid, and fuch Daughter or Daughters, or ei- fons, as for and concerning all and fingular the faid Meffua-
ther of them, fhall happen to marry in the Life time ofge, Lands and Premiſes abovementioned,
and every
the faid A. B. ard E. his intended Wife, or either of them,
or in the Life time of the fail Trustees, or any or either of
them, without the Confent of fuch of them the faid A. B.
and E. and of the faid Trustees, or the greater Number
of them then living figned and declared under their Hands;
that ther the Portion and Portions hereby intended for fuch
Daughter and Daughters fo marrying refpeclively, hall
go and be paid to fu h other Daughter or Daughters who
Shall marry with fuch Confent as aforefaid; and in Cafe
all fuch Daughters hall happen to marry without fuch
Confent as aforesaid, that then the faid Term of 500 Years
fhall ceafe and be void. Provided alſo, and it is hereby
further declared and agreed, that it shall and may be law
ful to and for him the faid A. B. d. ring his Life, and af-
ter his Death for the faid E his intended Wife, during her
Life, in Cafe the faid intended Marriage hall take Ef
fect, by any Writing or Writings under his or her Hand
and Seal respectively, attefled by two or more credible W.t-
A Husband being abſent ſeven Years in
neffes, to make any Leafe or Leafes, Demife or Grant of New England or Ireland, this is beyond the Seas, and
all or any Part or Parts of the faid Meffuages and Lands within the Words of the Exception of the Act, yet
abovementioned to any Perfon or Perfons whatsoever, for in the King's Dominions: And if the Husband or
the Term of twenty-one Years, or for any Term or Num Wife, be abroad feven Years, tho' the Party marry-
ber of Tears not exceeding twenty-one Years, fo as fuching here hath No ice, that he or she is alive, 'tis no
Le fes, Demifes. or Grants for Years, be made to com-
mence and take Effect in Poffeffion within one Year after
the Late thereof; and fo as upon all and every fuch Leafe
or Leafes, Demifes, or Grants for Tears to be made by the
Jaid A. B. and E. his intended Wife refpectively, there be
reſerved payable yearly, during the Continuance thereof, the
best and most improved yearly Rents, which at the Time
of Making thereof, can or may be gotten for the fame; and
fo that in every fuch Leafe there he contained a Claufe of
Re-entry for Non-payment of the Rent or Rents thereby
referv'd; and ſo as the Leffee and Leffees to whom fuch
Leafe and Leafes fhall be made, do feal and deliver Coun-
terparts of fuch Leafe and Leafes. And the faid A. B.
for himself, bis Heirs and Affigns, doth covenant and
grant, to and with the faid C. D. E. F. and G. H their
Heirs and Affigns, that the faid Meffuages, Lands and
Premiffes abovementioned, fhall and may from henceforth,
for ever bereafter, bez remain, and continue, to, for, and
upon the ſeveral Ufes, Intents, Trusts and Purposes, and Marthal, (Marefcallus) Is a French Word, fignify-
under and fubject to the feveral Limitations and Agreeing as much as Tribunus miltum, with the ancient
ments beforementioned and expreſſed concerning the fame,
according to the true Intent and Meaning of thefe Prefents.
Ard allo, that he the faid A. B. and his Heirs, and all
and every other Perſons and Perfons, and his and their Heirs,
any Thing having or claiming in the faid Meffuages,
Lands and Premiffes abovementioned, or any Part thereof,
by, from, or under him, them, or any of them, fhall and
will at all Times hereafter, upon the reaſonable Request
of the faid C. D. E. F. and G. H. their Heirs and Affigns,
make, do and execute, or cause or procure to be made, &c.
all and every fuch further and other lawful and reaſonable
Grants, Acts and Aurances in the Law whatfoever, for
the further, better, and more perfect Granting and Affu-
ring of all and fingular the faid Meffuages, Lands and
Premises abovementioned, with the Appurtenances, to and
for the ſeveral Uſes, Intents and Purpoſes above declared,
limited and appointed, and according to the true Intent and
Meaning of thefe Prefents, as by the faid C. D. E. F.
&c. and their Heirs, or their, or any of their Counsel
learned in the Law fhall be reasonably devised, or advised
and required. And further, it is covenanted, granted,
concluded and agreed upon, by and between the faid Par
ties to theſe Preſents, and the true Meaning hereof alfo is,
and it is hereby fo declared, that all and every Fine and
Fines, and also all and every Recovery and Recoveries,
Afſurance and Affurances, Conveyance and Conveyances in
1
·
|
Felony; but if the Abfent Perfon be living in Eng-
land, Wales or Scotland, and the other Party have
Notice, 'tis Felony by the Statute. 1 Hale's Hift.
P. C. 693. And in thefe Cafes, the first and true
Wife, is not allowed us a Witness against the Huf
band, but the fecond Wife may be admitted to
prove the fecond Marriage; for the is not in Law his
Wife. Ibid. If the first Marriage were beyond Sea,
and the later in England, the Party may be indicted
for it here; the later Marriage making the Crime:
Though if the fift Marriage be in England, and the
later beyond Sea, the Offender can't be indicted
there. 1 Sid 171. Kel. So. If a married Man pre-
tend himself to be a ſingle Perſon, and make Love
to a fingle Woman and marry her; for this Injury
in the Lofs of her Credit, e as to the Marriage of
any other Man, Action lies. Skinner's Rep. 119. Sec
Forcible Marriage, &c.
Romans; and Marefcallus may also come fom the
German Marschalk, i. c. Equitum Magifter, which
Hotoman in his Feude under verb. Marchalcus derives
from the old Word Mar h, which fignifics a Horfe;
and others make it of the Sax. Mar. i. e. Equus, &
Scalch, Prefectus. In France there are Marshals of
the Camp, called Marbals of France: And of the
Nobility and Diets, in Poland, &c. With us there
are several Officers of this Name; the Chief
whereof is the Earl Marshal of England, mentioned
in the Stat. 1 Hen. 4. c. 7. and 13 R. 2. cap. 2. &c.
whole Office confifts especially in Matters of War
and Arms, as well in this Kingdom as in other
Countries; and this Office is very ancient, having
formerly greater Power annex'd to it than now;
it has been long hereditary in the Family of the
Duke of Norfolk. The next is the Marshal of the
King's House, otherwife called Knight Marshal; and
his Authority is exercifed in the King's Palace, in
hearing and determining all Pleas of the Crown,
and Suits between thofe of the King's Houfe and
other Perfons within the Verge, and puniſhing
Faults committed there, &c. 18 Ed. 3. c. 7. 27 Ed. 3
Stat. 2. c. 6. and 2 H. 4. cap. 13. Cromp. Furifd. 192.
Eleta mentions a Marshall of the King's Hall, to
whom it belongs, when the Tables are prepared,
2
to
MA
MA
the Staple
to call out thoſe of the Houfhold and Strangers, ac-
cording to their Rank and Quality, and properly
place them. Fleta, lib. 2. cap. 15. There are other
inferior Officers called Marshal, as Marshal of the
Fuftice in Eyre. Anno 13 Ed. 1. cap. 19. Marshal of
the King's Bench, Stat. 5 Ed. 3. c. S. who hath the
Cuftody of the Prifon called the King's Bench Prifon
in Southwark. This Officer gives Attendance upon
the Court, and takes into his Cuftody all Prifoners
committed by the Court; he is finable for his Ab-
fence, and Non-attendance is a Forfeiture of his
Office. Hill. 21 & 22 Car. 2. There
There is alſo a Mar-
Shal of the Exchequer, to whom that Court commits
the Cuftody of the King's Debtors, for fecuring the
Debts; he likewife affigns Sheriffs, Cuftomers and
Collectors, their Auditors, before whom they fhall
account. Stat. 51 Hen. 3. 5.
Marshalley, (Marefcaltia) Is the Court or Seat of
the Marshal of the King's Houfe: And it is ufed
for the Prifon in Southwark, which is fo called; the
Reaton, whereof may be, becauſe the Marshal was
wont to fit there in Judgment. Stat. 28 Ed. 1. c. 3. 13
R. 2. and 2 H. 4. c. 23. Alfo in the Court of King's
Bench, the Forms of Bills and Declarations run:
That A. B. Complains of C. D. in Cuftody of the
Marfbal of the Marshalley of our Lord the King.
2 Shep. Abr. 395. King Char. 1. by Letters Patent
under the Great Scal, erected a Court by the Name
of Curia Hofpitii Domini Regis, &c. which takes Cog-
nifance more at large of all Caufes than the Mar-
fhalfey could; of which the Knight Marſhal or his
Deputy is Judge. See Court of Marshalsea.
Marthes and Fens, Laws concerning them. Vide
Fens.
Mart, A great Fair for Buying and Selling of
Goods, holden every Year. 2 Co. Inft. 221.
Maffer, A Prieft that fays Maſs. Blount.
Mals-Dzielt. In former Times fecular Priefts, to
diftinguish them from the Regulars, were called
Mafs-Priests, and they were to officiate at the Mafs,
or in the ordinary Service of the Church: Hence
Meffe-Preoft in many of our Saxon Canons, for the
Parochial Minifter; who was likewife fometimes
called Meffe-Thegne, because the Dignity of a Priest
in many Cafes was thought equal to that of a Thein
or lay Lord. But afterwards the Word Mass-Priest
was reftrained to Stipendiaries retained in Chantries,
or at particular Altars, to fay fo many Maſſes for
the Souls of the Dead.
Matt, (Glans, Peffona) The Acorn and Nuts of
the Oak, or other large Tree. Glandis Nomine
continentur glans, castanea, fagina, ficus & nuces, &
alia quæque que edi & pafci poterunt præter Herbam,
Bract. lib. 4. Tempus Pellone often occurs for Maft-
time, or the Seafon when Maßt is ripe; which in
Norfolk they call Shacking-time.
Quod habeat
decem Porcos in Tempore de Peffon in Bofco meo, &c.
Mon. Angl. Tom. 2. pag. 113, 231. There is a Tree
called Maft Tree; and a Maft or Sail of a Ship.
.
Matter, (Magister) Signifies in general a Gover-
nor, Teacher, &c. And alfo in many Cafes an Of-
ficer. See Servant.
Malter of the Armory, (Magifter Armorum &
Armatura Regis) Is an Officer that hath the Care
and Overfight of his Majefty's Arms and Armory,
mentioned in the Stat. 39′ Eliz. c. 7.
Master of the Ceremonies, (Magifter Admiffio-
num) Is one that receives and conducts Ambaffadors
and other great Perfons to Audience of the King,
c. This Office was inftituted by King James 1.
for the more magnificent Reception of Ambaffa-
dors and Strangers of the greateſt Quality.
Martial Law, Is the Law of War, that depends Master of Chancery, (Magifter Cancellaria) In
upon the just but arbitrary Power and Pleaſure of the Chancery there are Mafters, who are Affiftants
the King, or his Lieutenant; for tho' the King doth to the Lord Chancellor, or Lord Keeper, and Ma-
not make any Laws but by common Confent in Par-ter of the Rolls: Of thefe there are fome Ordinary
liament, yet in Time of War, by Reafon of the and fome Extraordinary; the Mafters in Ordinary
Neceffity of it to guard against Dangers that often are twelve in Number; and fome fit in Court eve-
arife, he pleth abfolute Power, fo that his Word is ry Day during the Term, and have referred to
a Law. Smith de Repub. Angl. lib. 2. cap. 4. The Mar- them interlocutory Orders for ftating Accounts,
tial Law, according to Chief Juftice Hale, is in computing Damages, and the like; and they alfo
Reality, not a Law, but fomething indulged rather adminifter Oaths, take Affidavits, and Acknowledg
than allowed as a Law; and it relates only to ments of Deeds and Recognizances: The extraor-
Members of the Army, being never intended to be dinary Mafters are appointed to act in the Country,
executed upon others, who ought to be ordered in the feveral Counties of England, beyond ten Miles
and governed by the Laws to which they are fub- Diftance from London; by taking Affidavits, Recog-
ject, tho' it be a Time of War. Hale's Hift. L. 39. nizances, Acknowledgments of Deeds, &c. for the
And the Exercife of Martial Law, whereby any Eafe of the Suitors of the Court. By the Star. 13
Perfon might lofe his Life or Member, or Liberty, Car. 2. a publick Office was ordained to be kept near
may not be permitted, in Time of Peace; when the the Rolls, for the Masters in Chancery; in which
King's Courts are open for all Perfons to receive they or fome of them are conftantly to attend, for
Juftice. Ibid. 40. Alien Enemies invading the King- the Adminiftring of Oaths, Caption of Deeds, and
dom, &c. fhall be dealt with and executed by Mar- Difpatch of other Bufinefs: And their Fees for ta-
tial Law. H. P. C. 10, 15. Alfo Soldiers are punished king Affidavits, Acknowledgment of Deeds, Ex-
for Deſertion, &c. in a Court Martial by Statutes emplifications, Reports, Certificates, &c. are afcer-
4 & 5 W. & M. 7 Ann. 1 Geo. 1, &c. See Law of tained by that A&t; and to take more, incurs Dil-
ability for fuch Mafter to execute his Office, and a
Forfeiture of 1001. &c.
Arms.
Martyrology, (Martyrologium) A Book of Mar-
tyrs, containing the Lives, &c. of thofe Men who
die for their Religion. Alfo a Calendar or Regi-
fter kept in Religious Houfes, wherein are fet down
the Names and Donations of their Benefactors, and
the Days of their Death, that upon every Anniver-
fary they may commemorate and pray for them:
And feveral Benefa&tors have made it a Condition
of their Beneficence, to be inferted in the Martyro-
logy. Paroch. Antiq. 189.
Malagium, Antiently used for Meuagium, a
Meffuage. Et unum Mafagium in Villa de M.
c. Pat. 16 R. 2.
Malons. To plot Confederacies amongst Mafons,
is declared Felony by an old Statute; and fuch as
affemble thereon fhall fuffer Imprifonment, and
make Fine and Ranfom. Stat. 3 H. 6. c. 1.
Malter of the Court of Wards and Liveries,
Was the chief Officer of that Court, affigned by
the King; to whofe Cuftody the Seal of the Court
was delivered, &c. as appears by the Stat. 33 H. 8.
c. 33. But as this Court was abolished by Stat. 12
Car. 2. c. 24. this Office of Courfe dropp'd with it.
Master of the Faculties, (Magifter Facultatum)
Is an Officer under the Archbishop of Canterbury, who
grants Licences and Difpenfations, &c. 22 23
Car. 2.
Master of the Hofe, Is he that hath the Order-
ing and Government of the King's Stables; and of
all Horfes, Racers, and Breeds of Horfes belonging
to his Majefty: He has the Charge of all Reve-
nues appropriated for defraying the Expence of the
King's Breed of Horfes; of the Stable, Litters,
6 K
Sumpter-1
M A
MA
Sumpter-Horfes, Coaches, &c. and has Power over makes Orders and Decrees. Crompt. Jurifd. 41. His
the Equeries and Pages, Grooms, Coachmen. Far- Title in his Patent is, Clericus parve Bage, Cuftos Ro
riers, Smiths, Sadlers, and all other Artificers tulorum, &c. And he has the Keeping of the Rolls
working to the King's Stables, to whom he admi-of all Parents and Grants which pafs the Great
nifters an Oath to be true and faithful: But the Seal, and the Records of the Chancery. He is
Accounts of the Stables, of Liveries, Wages, c. called Clerk of the Rolls, Stat. 12 R. 2. c. 2. and in
are kept by the Avener; and by him brought to be Fortescue, c. 24. and no where Mafter of the Rolls, un-
In which Refpc&t Sir Tho.
paffed and allowed by the Court of Green Cloth. The til the 11 Hến. 7. c. 20.
Office of Master of the Horfe is of high Account, and Smith fays, he may not unfitly be ftiled Cuftos Archi-
In his Difpofition are the Offices of the Six
always bestowed upon fome great Nobleman; and vorum.
this Officer only has the Privilege of making Ufe Clerks, and the Clerks of the Petty Bag, Exami-
of any Horfes, Footmen, or Pages belonging to the ners of the Court, and Clerks of the Chapel. 14 &
King's Stables: At any folemn Cavalcade he rides 15 H. 8. c. 1.
next to the King, with a led Horfe of Srate. He is
the third great Officer of the King's Houfhold; be-der of the Knights Templers, and his Succeffors, were
ing next to the Lord Steward, and Lord Chamberlain; called Magni Templi Magiftti; and probably from
and is mentioned in the Statute 39 Eliz. c. 7. and hence he was the Spiritual Guide and Director of
Ed. 6. c. 5.
the Temple. The Mafter of the Temple here was fum-
moned to Parliament Anno 49 H. 3. And the Chief
Minifter of the Temple Church in London is now called
Master of the Temple. Dugd. Warw. 706.
i
Master of the Jewel Dffice, An Officer of the
King's Houfhold, having the Charge of all Plate
uſed for the King or Queen's Table, or by any
great Officer at Court; and alfo of all the Royal
Plate remaining in the Tower of London, and of
Chains and Jewels not fixed to any Garment. 39
Eliz: c. 7.
Matter of the Temple, The Founder of the Or-
Master of the Wardzobe, (Magifter Garderoba) Is
a confiderable Officer at Court, who has the Charge
and Cuftody of all former Kings and Queens antient
Robes remaining in the Tower of London; and all
Master of the Houthold, (Magifter Hofpitii Regis) Hangings, Bedding, &c. for the King's Houfes: He
Otherwife called Grand Master of the King's Houfhold, hath alfo the Charge and Delivery out of all Vel-
is now ftiled Lord Steward of the Houfhold, which Ti- vet or Scarlet Cloth allowed for Liveries, &c. And
tle this Officer hath bore ever fince Anno 32 H. 8. of this Officer Mention is made in the Stat. 39 Eliz.
But under him there is a principal Officer ftill cal-c. 7. The Lord Chamberlain has the Overfight of the
lod Mafter of the Houfhold, who furveys the Accounts,
and has great Authority.
Master of the King's Mutters, Is a martial
Officer in the King's Armies, whofe Office it is to
fee that the Forces are compleat, well armed and
trained; and to prevent Frauds, which would other-
wife waſte the Prince's Treaſure, and weaken the
Forces, &c.
Master of the Mint, Is an Officer that receives
the Silver of the Goldfmiths, and pays them for it,
and overfees every Thing belonging to the Mint;
he is at this Day called Warden of the Mint.
Matter of the Dzdnance, A great Officer, to whofe
Care all the King's Ordnance and Artillery is com-
mitted. 39 Eliz. c. 7.
Matter of the Polts, Was an Officer of the
King's Court, that had the Appointing, Placing,
and Difplacing of all fuch through England, as pro-
vided Poft-Horfes, for the ſpeedy Paffing of the
King's Meffages, Letters, Pacquets, and other Bu-
finefs; and was to fee that they kept a certain
Number of good Horfes of their own, and upon
Occafion that they provided others for the Furniſh-
ing of thoſe Perfons which had a Warrant from him
to take and ufe Poft-Horſes, either from or to the
Seas, or other Places within the Realm. He like
wife paid them their Wages, and fettled their Al-
lowances, &c. 2 Ed. 6. c. 3.
2 Ed. 6. c. 3. The Stat. 12 Car. 2.
c. 34. for creating one General Poft-Office in London,
ordains that there fhall be a Master of the Poft-Office,
appointed by the King by Letters Patent, (and of
late this Office is executed by two jointly) who and
his Agents, and the Perfons employed by them,
have the Sending and Carriage of all Letters, at cer-
tain Rates; and the Poft-Mafter is to continue con-
ftant Pofts, and provide Perfons riding Poft with
Poft-Horfes, under Penalties, taking 3 d. per Mile
for the Horſe, and 4 d. for the Guide, every Stage,
c. Vide Stat. 9 Ann. r. 10. See Poft.
Malter of the Rebels, An Officer to regulate
and overſee the Diversions of Dancing and Mask-
ing, ufed in the Palaces of the King, Inns of Court,
c. and in the King's Court is under the Lord Cham-
berlain.
-
Master of the Rolls, (Magifter Rotulorum) Is an
Affiftant to the Lord Chancellor in the High Court
of Chancery, and in his Abfence heareth Caufes
there, and alfo at the Chapel of the Rolls, and
Officers of the Wardrobe.
Maltinus, A great Dog, called a Maſtiff.
Canes & Maltini per omnes Foreftas Anglia occiduntur.
Knight. lib. 2. cap. 15.
Mafura, Is an old decayed Houfe, according to
Domefd. And Mafura Terra, Fr. Mafure de Terre, fig-
nifies a Quantity of Ground; but with us it is taken
for Domicilium cum fundo, vel pro fundo cum Domicilio
competenti.
Matería, A great Beam, or Timber proper for
Building. Dedi illis Materiam & Ligna ad omnia ne
ceffaria fua, & ad Domos fuas dificand. Mon. Angl.
Tom. I. pag. 821.
Matrícula, A Regifter; as in the antient Church
there was Matricula Clericorum, which was a Liſt or
Catalogue of the officiating Clergy; and Matricula
Pauperum, a Lift of the Poor to be relieved: Hence
to be entered in the Regifter of the Univerſities, is
Exc.
to be matriculated,
Matrimonium, Is fometimes taken for the Inhe-
ritance defcending to a Man ex parte Matris
Cum omni hæreditate Patrimonii & Matrimonii fui, &c.
Blount.
Matrix Ecclefia, The Mother Church; and is
either a Cathedral, in refpect to the Parochial
Churches within the ſame Dioceſe; or a Parochial
Church, with respect to the Chapels depending on
it, and to which the People refort for Sacraments
and Burials. Leg. H. 1. c. 19.
Mats and Coverlets, &c. In the County of
Norfolk, by what Perfons made. See Stat. 5 & 6 Ed.
6. c. 24.
Matter in Deed, and Matter of Record, Are
often mentioned in Law Proceedings, and differ
thus: The firft ſeems to be nothing else but fome
Truth or Matter of Fact to be proved by fome Spe-
cialty, and 'not by any Record; and the latter is
that which may be proved by fome Record: For
Example; If a Man be fued to an Exigent, during
the Time he was abroad in the Service of the
King, &c. this is Matter in Deed, and he that will
alledge it for himself, must come before the Scire
facias for Execution be awarded against him; but
after that, nothing will ferve but Matter of Record,
that is, fome Error in the Procefs appearing upon
the Record. There is alſo a Difference between
Matter of Record and Matter in Deed, and Nude Mat-
ter; the laft being a naked Allegation of a Thing
donc
2
i
MA
MA
!
1
216.
done, to be proved only by Witneffes, and not of Mayor, a Quo Warranto Information may be
either by Record or Specialty. Old Nat. Br. 19. Kitch. brought against him; and he fhall be oufted and
fined, &c. And no Perfon who hath been or fhail
Maugre, (From the Fr. Mal, and gre, i. e. Ani-be in an Annual Office in any Corporation for one
mo iniquo) Signifies as much as to fay with an un-Year, fhall be chofen into the fame Office the next
willing Mind or in Defpight of another; as where Year, and obftru&ting the Choice of a Succeffor in-
it is faid, that the Wife fhall be remitted, Maugre curs a Penalty of 100. Stat. 9 Ann. c. 20. Alſo if
the Husband, that is, whether the Husband will or no Mayor be eleaed in a Corporation, on the Day
no. Lit. Sect. 672.
appointed by Charter, by the proper Officers, the next
Maum, A foft brittle Stone in fome Parts of in Place is to hold a Court, and elect one the next
Oxfordshire; and in Northumberland they ufe the Day following, &c. or in Default thereof, the Court
Word Maum for foft and mellow. Plot's Nat. Hift. of King's Bench may compel the Electors to chufe
Qxfordfb. p. 69.
one, c. by Writ of Mandamus, requiring the Mem-
Mauno, A kind of great Basket or Hamper, con-bers who have a Right to vote, to affemble them-
taining eight Bales, or two Fats: It is commonly a felves on a Day prefixed, and proceed to Election,
Quantity of eight Bales of unbound Books, each or fhew caufe to the contrary; and Mayors, Soc.
Bale having one thousand Pounds Weight. Book voluntarily abfenting on the Day of Election, fhall
Rates, pag. 3.
Maundy Thursday, The Thursday before Eafter.
See Mandati Dies.
I. c. 8.
be impriſoned fix Months, and be difabled to hold
any Office in the Corporation. II Geo. I. cap. 4.
The Authority of Mayors is contained in the follow-
Maxims in Law, Are the Foundation of it; or ing Particulars: The Statute 2 Ed. 3. gives Power
certain Rules or Pofitions, which are the Conclu- to Mayors to arreft Perfons carrying offenfive Wea-
fions of Reaſon, and ought not at any Time to be pons in Fairs, Markets, &c. to make Affrays, and
impeached. They are Principles and Authorities, the Disturbance of the Peace. By Stat. 23 Hen. 8.
and Part of the general Cuſtoms or Common Law Mayors, &c. have Power to fet the Price of Ale and
of the Land; and are of the fame Strength as Acts Beer: And they are authorized to convi& Perſons
of Parliament, when the Judges are determined felling Ale without Licence; and alfo to levy the
what is a Maxim; which belongs to the Judges, and Penalties on the Offender by Diftrefs, &c. 3 Car. 1.
not a Jury. Terms de Ley 438. Dott. & Stud. Dial. And they are to caufe Quart and Pint Pots for
A Maxim in Law is faid to be a Propofition the Selling of Ale, to be examined whether they
of all Men confeffed and granted, without Argu- hold their full Meaſure; and to mark them, under
ment or Difcourfe: Maxims of the Law are holden the Penalty of 5 1. 11 & 12 W. 3. Mayors, Bailiffs,
for Law; and all other Cafes that may be applied and Lords of Lects, are to regulate the Affife of
to them, fhall be taken for granted. 1 Inft. 11. 67. Bread, and examine into the Goodneſs thereof; and
4 Rep. The Maxims in our Books, which are ma- if Bakers make unlawful Bread, they may give it to
ny and various, are fuch as the following, viz. It is the Poor, and Pillory the Offenders, &c. 52 Hen. 3.
a Maxim, That Land Jhall defcend from the Father to And the 8 Ann. and I Geo. 1. direct, that Mayors
the Son, &c. That if a Man have two Sons by divers and Chief Magiftrates of Towns, &c. may in the
Venters, and the one purchaſe Lands and dies without If-Day-time enter into any Houfe, Shop, Bakehouſe
fue, the other shall never be his Heir, &c. That as no or Warehouſe, of any Baker or Seller of Bread, to
Eftate can be vefted in the King without Matter of Record, fearch for, view, and. try all or any of the Bread
fo none can be devefted out of him but by Matter of Re-there found; and if the Bread be wanting in Good-
cord. That an Obligation, or other Matter in Writing, nefs, deficient in Baking, under Weight, or not tru-
cannot be diffolved by an Agreement by Word, without Wri-ly marked; or fhall confift of any other Sort than
ting. Co. Litt. 11, 141.
Mayor, (Præfectus urbis, anciently Meyr, comes
from the Brit. Miret, i. c. Cuftodire, or from the old
English Word Maier, viz. Poteftas, and not from the
Lat. Major) Is the chief Governor or Magiftrate of
a City or Town; as the Lord Mayor of London, the
Mayor of Southampton, &c. King Rich. 1. Anno 1189.
changed the Bailiffs of London into a Mayor; and
from that Example King John made the Bailiff of
King's Lynn a Mayor, Anno 1204. Though the fa-
mous City of Norwich obtained nor this Title for
its chief Magiftrate, till the feventh Year of King
H. 5. Anno 1419, fince which there are few Towns
of Note, but have had a Mayor appointed for Govern-
ment. Spelm. Gloff. Mayors of Corporations are Ju-
ftices of Peace pro Tempore, and they are mentioned
in feveral Statutes; but no Perfon fhall bear any
Office of Magiftracy concerning the Government of
any Town, Corporation, &c. that hath not received
the Sacrament, according to the Church of England,
within one year before his Election; and who fhall
not take the Oaths of Supremacy, &c. Stat. 13 Car.
2. cap. 1. And by this Statute, Mayors, &c. were
likewiſe to ſubſcribe a Declaration, that there lay
no Obligation upon them from the Oath commonly
called the folemn League and Covenant; which is
repealed by a late Statute. The 10 Ann. cap. 2. pro-
hibited Mayors and Officers of Corporations from
going to Conventicles, under the Penalty of 401.
c. But this is altered by 5.Geo. 1. cap. 6. though
the Gown, Mace, or other Enfigns of Magiftracy,
may not be worn or carried to a Conventicle, on
Pain of Diſability to enjoy any Office, &c. If any
one intrudes into, and thereupon executes the Office
what is allowed, the fame Bread ſhall be ſeiſed and
diftributed to the Poor: And the former Statute im-
pofes a Penalty of 40 s. for want of Weight, or not
being marked as appointed, &c. but this is made 5s.
for every Ounce wanting in Weight, and 2s. 6d. if
under an Ounce, (Complaint being made, and the
Bread weighed before a Magiftrate within twenty-
four Hours) by the 1 Geo. I. And Bakers felling
their large Bread at a higher Price than fet by
Mayors, &c. fhall forfeit 10 s. to the Informer, to
be levied by Diftrefs, &c. By Stat. 3 Geo. 2. Mayors,
&c. are empowered to make Enquiry into Offences
committed against the Stat. 1 Eliz. which requires
that the Common Prayer be read in Churches; and
that Churchwardens do their Duty in preſenting the
Names of fuch Perfons as abfent themſelves from
Church on Sundays, &c. Head Officers of Corpora-
tions are to appoint and fwear Overfeers or Search-
ers to examine into Defects of Northern Cloth, EPC.
and the Overſeers fhall fix a Seal of Lead to Cloths,
expreffing the Length and Breadth; and if they find
any faulty, or fealed with a falfe Seal, &c. they are
to prefent the fame at the next Quarter-Seffions:
Mayors, &c. neglecting their Duty, are liable to a
Penalty of 5 1. 39 Eliz. cap. 20. Mayors may deter-
mine whether Coin offered in Payment be counter-
feited or not; and tender an Oath to determine a-
ny Queftion relating to it. 9 & 10 W. 3. Chief
Magiſtrates of Ports, where Goods are conveyed
away, which are liable to Customs, before Entry
made, and the Duties agreed, are to grant their
Warrants for the Apprehenfion of the Offender, &c.
12 Car. 2. By 23 Eliz. Mayors, &c. may call before
them and examine Dyers, fufpected to use Logwood
in
MA
ME
...
1
►
•
in Dying; and if they find Caufe, may bind them be determined by Mayors; who have Power to com-
5 Eliz. Mayors
over to the Quarter Seffions, where on Conviction, pel Perfons to go to Service, &c.
they are liable to a Forfeiture of 201. But fec Stat. may arreft Soldiers departing without Licence:
14 Car. 2. c. 11. and the late A&t 13 Geo. I. Mayors And they are to be prefent at Mufters; quarter
and Head Officers of Corporations, are to punish and billet Soldiers, &c. 18 Hen. 6. 13 & 14 W. 3.
Drunkenneſs, by impofing a Fine of 5 s. on View, 1 Geo. 1. Perfons ufing Games on a Sunday forfeit
Confeffion, or Proof by one Witness, or caufe the 35. 4d to the Ufe of the Poor; Carriers, c. tra-
Offender to be put in the Stocks for fix Hours: 1, 4 velling on that Day 20 s. and Perfons doing any
21 Fac. 1. And Perfons fitting tipling in an worldly Labour thereon 5 s. all leviable by War-
Alehouſe, Inn, &c. are liable to Punishment by rant from Mayors and Head Officers of Corporations,
29. Car. 2
Mayors, who may levy 3. 4d. on fuch Offenders, as well as other Juftices. 1 & 3 Car. I.
for every Offence, for the Ufe of the Poor, or caufe And by 3 Car. I. c. 4. If any Perfon fhall profane.
them to be ſet in the Stocks four Hours: And the ly Swear or Curfe in the Prefence of a Mayor, &c.
Alehoufe-keepers, &c. fuffering Tipling in their or be convicted thereof before him, by the Oaths
Houſes, are fubject to a Penalty of 10s. Ibid. Head of two Witneffes, he fhall forfeit for every Offence,
Officers and Juftices of Peace in Corporations, may I s. to the Ufe of the Poor, or be fet in the Stocks.
inquire of Forcible Entries, commit the Offenders, and three Hours: But the Statute 6 & 7 W.3. confines
cauſe the Tenements to be feifed, &c. within their the Forfeiture of 1 s. to Servants, Labourers, &c.
Franchises, in like Manner as Juftices of Peace in other Perfons being ordered to pay 2 s. and double,
the County. 8 H 6. Mayors, c. fhall enquire into treble, &c. on repeating the Offence. Vagrants, or
unlawful Gaming, against the Stat. 33 Hen. 8. They other idle and diforderly Perfons, Blind, Lame, &c.
are to fearch Places fufpected to be Gaming-houſes, or pretending to be fo, begging in Streets, a Mayor
and levy Penalties, c. and they have Power to or Conftable may cause them to be whipped. 12 Ann.
commit Perfons playing at unlawful Games. Mayors By former Statures, Mayors are empowered to make
and Juftices of Peace of Corporations, are empow-Paffes of Vagrants; and Juftices in Liberties and
ered to execute all the Laws relating to the High Corporations are to iffue Warrants to Conftables,
ways, by 1 Geo. 1. Horfes ftolen, found in a Corpora-c. to make a Search for and apprehend Vagrants
tion, may be redeemed by the Owner, making Proof before the Quarter-Seffions. Mayors are to fet the
before the Head Officer of the Corporation, of the Rates and Prices of Coopers Veffels; and appoint
Property, &c. 31 Eliz. Mayors and Head Officers Searchers and Gaugers of Veffels for Fish, &c.
in Corporate and Market-Towns, and Lords of Li-11 H. 7. 8 Eliz. In every City, Town, &c. there
berties and their Stewards, are to appoint and fwear is to be a common Balance, and fealed Weights, un-
two skilful Perſons yearly, to be Searchers and Seal- der divers Penalties: There is also to be a com-
ers of Leather; and they are to appoint Triers of mon Bufhel fealed. S11 Hen. 6. And Mayors,
infufficient Leather, and of Leather Wares: Searchers are to provide a Mark for the Scaling of
not doing their Duty to forfeit 40s. and Triers 51 Weights and Meaſures, being allowed 1 d. for feal-
1 Fac. 1. cap. 22. Perfons robbing Orchards, Hedge- ing every Bufhel and hundred Weight; and a Half-
breakers, & are punishable by Mayors; and a Per-penny for every other Mcafure and Half-hundred
fon on Conviction by the Oath of one Witness, fhall Weight, &c. Mayors and Head Officers of Corpo-
pay to the Perfon injured fuch Damage as the rations, &c. fhall view all Weights and Meaſures
Mayor, &c. fhall think fit, or be whipped. 43 Eliz. once a Year, and punish Offenders using falfe
Mayors, &c. on Receipt of Precepts from Sheriffs, Weights; and they may break or burn fuch Weights
(when Writs are iffued for Elections) requiring and Meaſures, and inflict Penalties, &c. If they
them to chufe Burgeffes or Members of Parliament, permit Perfons to fell by Meafures not fealed, they
by the Citizens, &c. are to proceed to Election, hall forfeit 51. Sealing Weights not agreeable to
and make Returns by Indenture between them and the Standard, is liable to the fame Penalty; and
the Ele&ors; and making a falfe Return, fhall for-refufing to feal Weights and Meaſures, ſubjects them
feit 40 1. to the King, and the like Sum to the Parto a Forfeiture of 40s. 7 H. 7. Mayors, &c. are to
ty chofen not returned, &c. 23 H. 6. See the Stat. infpect and order the Size of Faggot, Billet, Tale
2 Geo. 2. In Time of Sickness, a Tax may be laid Wood, &c. 43 Eliz. See Corporation.
on Inhabitants of Corporations, for relieving fuch
Perfons as have the Plague, by Mayors, &c. who are
to appoint Searchers and Buriers of the Dead: And
if any infected Perfons fhall go abroad with Sores
upon them, after an Head Officer hath commanded Meals. The Shelves of Land, or Banks on the
them to keep at Home, it is Felony; and if they have Sea Coafts of Norfolk, are called the Meals and the
no Sores about them, they are punishable as VaMales. Cowel.
grants. 1 Fac. 1. The Stat. 43 Eliz. which directs Mean, (Medius) Signifies the Middle between
that the Father, Grandfather, Mother, Grandmo- two Extreams; and that either in Time or Dig-
ther, and Children, of every poor Perſon, ſhall be nity: In Time it is the Interim betwixt one Act and
affeſſed towards their Relief by Juftices, and which another; and applied to mean Profits of Lands be-
impowers Justices of Peace to order a Poor's Rate tween a Diffeifin and Recovery, c. As to Dig-
or Tax, and Overfeers of the Poor, &c. to placenity, there is a Lord Mean or Meine, that holds of
forth poor Apprentices, and fets forth the Office of another Lord; and mean Tenant, &c. Stat. 13 Ed. 1.
Overfeers; gives the like Authority to Head Offi| Méfne likewife fignifieth a Writ, which lies where
cers in Corporate Towns, as Juftices of Peace have there is Lord Mean and Tenant; and the Tenant
in their Counties; which faid Juftices are not to in- is diftrained by the fuperior Lord, for the Rent or
termeddle in Corporations for the Execution of this Service of the Mean, who ought to acquit him to
Law. Mayors, Bailiffs and other Head Officers of the other Lord, then the Tenant hall have his Writ
Corporate Towns, c. are to make Proclamation of Mefne; and if the Mean Lord appear not, he fhall
for Rioters to difperfe, as follows: Our Sovereign lofe the Service of the Tenant, and be forejudged
Lord the King charges and commands all Perfons of his Seigniory, and the Tenant fhall immediately
affembled, immediately to difperfe themſelves, and become, Tenant to the chief Lord. Terms de Ley.
peaceably depart to their Habitations, upon Pain of Alfo in fuch Cafe, the Tenant by Writ may recover
Imprisonment, &c. And if the Rioters being twelve Damages if he be diftrained; and the Mean Lord
in Number, do not difperfe within an Hour after, it be compelled to pay the Rent, and do the Services,
I Geo. 1. F. N. B. 135. If a Man bring a Writ of Mefne where
is Felony without Benefit of Clergy, &c.
Matters relating to Servants, and Apprentices, may he is not diftrained, yet it is maintainable, but then
Meal Bents, Certain Rents heretofore paid in
Meal by the Tenants of the Honour of Clun, to
make Meat for the Lord's Hounds; they are now
payable in Money.
he
3
ME
ME
1
!
he fhall not have Damages; for it is brought only
to be acquitted, c. And Tenant for Term of Life,.
where the Remainder is over in Fee, fhall have
this Writ against the Mefne. 7 H. 4. 12. 15 H. 6.
New Nat. Br. 330. One brought a Writ of Mefne
against a Man becauſe he did not acquit the Plain-
tiff of a Rent-charge demanded, &c. when he by
his Deed bound himſelf and his Heirs to warrant
and acquit him; and it was held good: And if a
Man have Judgment to recover in this Writ, if he
be not afterwards acquitted, he may have a Diftrin-
gas ad acquietandum against the Mefne; and Scive fa-
cias against the Lord. Stat. Weftm. 2. c. 9. 14 Ed. 3.
G
Form of a Writ of Mefne.
latter of great Account. Chart. Fac. 1. See Alnager.
Meaturing Money. The Letters Patent, where-
by fome Perfons exacted for every Cloth made, cer-
tain Money, befides Alnage, called Measuring Money,
fhall be revoked. Rot. Parl 11 Hen. 4.
Medería, Is a Mead Houfe, or Place where Mead
or Metheglin is made. Cartular. Abb. Glaft. MS.
fol. 29..
Medfee, A Bribe or Reward; and used for a
Compenfation where Things exchanged are not of
equal Value: It is faid to come from the Word Meed,
which fignifies Merit.
Media infimæ manus Homines, Men of a
mean and bafe Condition, of the lower Sort.
Blount.
Depianus, Is a Word uſed for middle Size; Me-
dianus Home, A Man of middle Fortune.
Ca
EORGE the Second, &c. to the Sheriff of S. Mediators of Dueftions, Were fix Perfons au-
Command A. B. that justly, &c. be acquit C. D. thorized by Statute, who upon any Question arifing
of the Service which E. F. exacts from bim, of his Free among Merchants relating to unmercatable Wool, or
hold that he holds of the faid A. B. in W. whereof the undue Packing, &c. might before the Mayor and Of
faid A. who is Meine betwixt the faid E. and C. him ficers of the Staple upon their Oath certify and fet-
ought to acquit; and whereupon he complains, that for histle the fame; to whofe Order and Determination
Default he is diftrained; and unless, &c. .
Theafe, A Mcffuage or Dwelling-houſe. Stat. 14
H. 3. Alfo a Mea fure of Herrings, containing five
Hundred; the Half of a Thouſand is called Meafe
jor Mele. Merch. Diet.
fence 5 s.
therein, the Parties concerned were to give entire
Credence and fubmit. 27 Ed. 3. Stat. 2. c. 24
Medietas Lingue, Signifies a Fury or Inqueft
impanelled, whereof the one Half confifts of Natives,
and the other Strangers; and is uſed in Pleas where
in the one Party is a Stranger, the other a Denizen :
Measure, (Menfura) Is a certain Quantity or Pro- And this Manner of Trial was firft given by the Stat.
portion of
any Thing fold; and in many Parts of 27 Ed. 3. cap. 8. Before which, this was wont to be
England, is one Bufhel. The Statute of Magna obtained by the King's Grant. Staundf. P. C. lib. 3.
Charta, c. 25. ordains, that there fhall be but one cap. 7. He that will have the Advantage of Trial
Meaſure throughout England, according to the Stand-per Medietatem Lingue, muft pray it; for it is faid
ard in the Exchequer: Which Standard, was former- he cannot have the Benefit of it by Way of Chal-
ly kept in the King's Palace, and in all Cities, lenge. S. P. C. 158. 3 Inft. 127. In Petit Treafon,
Market-Towns and Villages, it was kept in the Murder and Felony, Medietas Lingue is allowed;
Churches. 4 Inft. 273: By 17 Car. I. c. 19. there is but for High Treason, an Alien fhall be tried by
to be one Weight and Meaſure, and one Yard ac- the Common Law, and not per Medietatem Lingua.
cording to the King's Standard; and whofoever fhall H. P. C. 261. And a Grand Jury ought not to be
keep any other Weight or Measure, whereby any de Medietate Lingua, in any Cafe. Wood's Inft. 623.
Thing is bought or fold, fhall forfeit for every Of Egyptians are excluded from this Trial, by 12 P.
And by 22 Car. 2. c. S. Water Measure, M. c. 4. But we read, That Solomon de Standford a
as to Corn and Grain, or Salt, is declared to be with-Jew, had a Caufe tried before the Sheriff of Nor-
in the Stat. 17 Car. 1. And if any fell Grain, or Salt,wich, by a Jury of Sex probos & legales Homines, &
c. by any other Bufhel, or Meaſure than what is fex legales Fudæos de Civitate Norwici, &c. Pafch. 9
agreeable to the Standard in the Exchequer, com- Ed. 1.
monly called Win: befter-Measure; he fhall forfeit 40 s. Medio acquietando, Is a Judicial Writ to diftrain
c. Notwithstanding thefe Statutes in many Pla-a Lord for the Acquitting of a Mean Lord from a
ces and Counties there are different Measures of Rent, which he formerly acknowledged in Court
Corn and Grain; and the Bushel in one Place is not to belong to him. Reg. Judic. 129.
larger than in another; but the Lawfulness of it is Mediterranean, Is that which paffed through
not well to be accounted for, fince Cuſtom or Pre-the Midst of the Earth; and hence the Sea which
feription is not allowed to be good against a Statute. ftretcheth itself from Weft to Eaft, dividing Europe
Dalt. 250. And we have three different Meafures, Afia and Africa, is called the Mediterranean Sea; men-
viz. one for Wine, one for Ale and Beer, and one for tioned in the Statute 12 Car. 2. cap. 24. The Coun-
Corn: In the Meaſure of Wine, eight Pints make a terfeiting of Mediterranean Paffes for Ships to the
Gallon, eight Gallons a Firkin, fixteen Gallons a Coast of Barbary, &c. or the Seal of the Admiralty
Kilderkin, Half Barrel or Rundlet, four Firkins a Office to fuch Paffes, is Felony without Benefit of
Barrel, two Barrels a Hogfhead, two Hogfheads a Clergy. Stat. 4 Geo. 2. c. 18.
Pipe, and two Pipes make a Tun. 15 R. 2. cap. 4.
11 H. 7. c. 4. 12 H. 7. c. 5. In Measure of Corn eight
Pounds or Pints of Wheat make the Gallon, two Gal-
lons a Peck, four Pecks a Bufhel, four Bushels a
Sack, and eight Bushels a Quarter, &c. Stat. 51.
E. 1.
31 Ed. 3. And in other Menfure; three Bar-Ed. 1.
ley Corns in length make an Inch, twelve Inches
a Foot, three Foot a Yard, three Foot and nine
Inches an Ell, and five Yards and a half, which is
fixteen Foot and half, make the Perch, Pole or Rod.
27 Ed. 3. c. 10. Selling by falfe Meafures, being an
Offence by the Common Law, may be punished by
Fine, &c. upon an Indictment at Common Law, as
well as by Statute. See the Stat. 11 Hen. 7. cap. 4.
which inflicts particular Fines for Offences, Pillo-
ry, &c.
·
Meafurer, or Meter of Woollen Cloth, and of
Coals, &c. is an Officer in the City of London; the
Medlefe, (from the Fr. Meler) Is that which
Bratton calls Medletum, and fignifies Quarrelling or
Brawling. Bract. lib. 3. tract, 2. cap. 35.
Medlypp, A Harveft Supper or Entertainment,
given to the Labourers at Home Harveft. Placit. 9.
Meer, (Meta) A Mark or Boundary of Land.
Litt. Diet.
Meere, (Merus) Signifies very, and though an
Adjective is ufed fubftantively for meer Right; as to
join the Mife upon the Meer, in the great Affife, &c.
Old Nat. Brev. 2. See Mife.
Meigne, Is the fame with Maiſnada. Mon. Angl.
Tom. 2. pag. 219.
Meiny, (Fr. Mefnie) As the King's Meiny, the
King's Family, or Houfhold Servants. 1 R. 2. c. 4.
Meldfeoth, (Sax.) Was the Recompence due and
given to him that made the Discovery of any Breach
6 L
of
!
ME
ME
*
:
1
Τ
of Penal Laws, committed by another Perfon; Concern) all Nations take fpecial Knowledge of;
called the Promoter or Informer's Fee. Leg. Ine, and the Common and Statute Laws of this Kingdom
cap. 20.
leave the Cauſes of Merchants in many Cafes to their
Melius Inquirendum, Is a Writ that lieth for a own peculiar Law. Ibid. In the Reign of King
fecond Inquiry, where partial Dealing is fufpected; Ed. 4. a Merchant Stranger made Suit before the
and particularly of what Lands or Tenements a Man King's Privy Council, for feveral Bales of Silk fe-
died feifed, on finding an Office for the King. lonioufly taken from him, wherein it was moved,
F. N. B. 255. It had been held, that where an that this Matter fhould be determined at Common
Office is found against the King, and a Melius Inqui- Law; but it was anfwered by the Lord Chancel-
rendum is awarded, and upon that Melius, &c. it is lor, that as this Suit was brought by a Merchant, he
found for the King, if the Writ be void for Repug was not bound to fuc according to the Law of the
nancy, or otherwife, a new Melius Inquirendum fhall Land. 13 Ed. 4. In former Times it was con-
be had: But if upon the first Melius, it had been ceived, that thofe Laws that were prohibitory a-
found against the King, in fuch Cafe he could not gainft Foreign Goods, did not bind a Merchant
have a new Melius, &c. for then there would be no Stranger: But it has been a long Time fince ruled
End of thefe Writs: And if an Office be found for otherwife; for in the Leagues that are now efta-
the King, the Party grieved may traverfe it; and blifhed between Nation and Nation, the Laws of
if the Traverſe be found against him, there is an either Kingdom are excepted; fo that as the Eng-
End of that Caufe; and if for him, it is conclufive. lib in France or any other Foreign Country in A-
8 Rep. 169 2 Nelf. 1008. If there is any Defect in mity are fubject to the Laws of that Country
the Points which are found in an Inquifition, there where they refide; fo muft the People of France,
may not be a Melius Inquirendum; but if the Inquifi- or any other Kingdom, be fubject to the Laws of
tion finds fome Parts well, and nothing is found as England when refident here. 19 Hen. 7. English
to others, that may be fupplied by a Melius Inqui- Merchants are not reftrained to depart the Kingdom
rend. 2 Salk. 469. A Melius Inquirendum fhall be without Licence, as all other Subjects are; they may
awarded out of B. R. where a Coroner is guilty of depart, and live out of the Realm, and the King's
corrupt Practices; directed to fpecial Commiffion- Obedience, and the fame is no Contempt, they being
excepted out of the Statute 5 R. 2. c. 2. And by the
Memories, Ufed for certain Obfequies or Re Common Law, they might pass the Seas without Li-
membrances of the Dead, in Injunctions to the Clercence; though not to merchandiſe. Mich. 12 & 13
gy. 1 Ed. 6.
ers. 1 Vent. 181.
Menagium, A Family. Trivet's Chron. pag. 677
See Managium.
Menials, (From Monia, the Walls of a Cattle,
House or other Place) Are Houthold Servants that
live under their Lord or Mafter's Roof; mentioned
in the Stat. 2 H. 4. c. 25.
Meula, Comprehends all Patrimony, or Goods
and Neceffaries for Livelihood. -Dominicum eft
proprie Terra ad Menfam affignata.
Menfalia, Such Parfonages or fpiritual Livings,
as were united to the Tables of Religious Houfes,
and called Menfal Benefices among the Canonifts: And
in this Senfe it is taken, where Mention is made of
Appropriations, ad Menfam fuam. Blount.
Menfura, Is taken for a Bufhel of Corn, &c.
And Merfura Regalis, the King's Standard Meaſure.
Stat. 17 Car. I.
Mer or Mere, Where Places begin or end with
thele Syllables, they fignify a Fenny Country.
Mercennarius, A Hireling or Servant. Cartular.
Abbat. Glafton. p. 115.
Eliz. Dyer 206. By Magna Charta it is enacted,
that all Merchant Strangers in Amity, not publickly
prohibited, fhall have fafe Conduct to come into,
depart out of, and remain in England, and to travel
by Water or Land in and through the fame, to buy
and fell, &c. 9 Hen. 3. c. 30. And if any Diltur-
bance or Abuſe be offered them, or any other Mer-
chant in a Corporation, and the Head Officer there
do not provide a Remedy, the Franchife ſhall be
feifed; and the Disturber fall anfwer double Da-
mages, and fuffer one Year's Imprisonment, c. by
Stat. 9 Ed. 3. c. I. All Merchants (except Enemies)
may fafely come into England with their Goods and
Merchandize. 14 Ed. 3. Merchant Strangers may
come into this Realm, and depart at their Pleafure;
and they are to be friendly entertained. 5 R. 2. c. I.
And Merchants alien fhall bo ufed in this Kingdom,
as Denizens are in others, by the Statute 5 Hen. 4.
cap. 7. No Merchant fhall be impleaded for another's
Debt, whereof he is not Debtor, &c. And if a
Difference arife between the King and any Foreign
State, Alien Merchants are to have forty Days No-
Merchant, (Mercator) Is one that buys and trades tice, or longer Time, to fell their Effects and leave
in any Thing: And as Merchandife includes all Goods the Kingdom. 27 Ed. 3. cap. 17. All Merchants may
and Wares expofed to Sale in Fairs or Markets; buy Merchandizes of the Staple: And any Merchant
fo the Word Merchant formerly extended to ali may deal in more Merchandizes than one; he may
Sorts of Traders, Buyers and Sellers. But every buy, fell and tranſport all Kinds of Merchandize.
one that buys and fells is not at this Day under the 27 Ed. 3. c. 3. and 38 Ed. 3. c. 2. Merchant Strangers
Denomination of a Merchant; only thofe who traf are to find Sureties that they fhall not carry out
fick in the Way of Commerce, by Importation or the Merchandize which they bring into England.
Exportation, or carry on Bufinefs by Way of Emp- 18 Ed. 2. cap. 21. And when they bring in any
tion, Vendition, Barter, Permutation or Exchange, Merchandize into the Realm, and fell the fame for
and which make it their Living to buy and fell, Money, they are to bestow it upon other Merchan-
by a continued Affiduity, or frequent Negotiation, dizes of England, without exporting any Gold or Sil-
in the Mystery of Merchandizing, are efteemed ver in Coin, Plate, &c. on Pain of Forfeiture.
Merchants. Thofe that buy Goods, to reduce them 4 Hen. 4. cap. 15. 5 Hen. 4. cap. 9. The fame ex-
by their own Art or Industry, into other Forms tends as well to Denizens as Strangers; and in
than they are of, and then to fell them, are Artifi- Stri&nefs of Law, they ought not to receive any
cers and not Merchants: Bankers, and fuch as deal by Gold in Payment. 8 H. 6. c. 24. 3 H. 7. c. S. And
Exchange, are properly called Merchants. Lex the Reafons of thefe Laws were, to preſerve and
Mercat, or Merch. Comp. 23. Merchants were always keep the Gold and Silver within the Realm; and at
particularly regarded by the Common Law; though the fame Time increase our Manufactures, by er-
the municipal Laws of England, or indeed' of any couraging their Exportation abroad. Foreign Mer-
one Realm are not fufficient for the ordering and chants are to fell their Merchandize at the Port
determining the Affairs of Traffick, and Matters where they land, in Grofs and not by Retail. 1 R.
relating to Commerce, Merchandize being fo uni- 3. c. 9. And Merchandize is to be laden and unla-
verfal and extenfive that it is impoffible; there- den at certain Ports, and in the Day-time under
fore the Law Merchant, (ſo called from its univerfall Penalties. 1 Eliz. cap. 11. All the King's Subje&s
4.
·
I
are
1
ME
are to have a free Trade to and from France, Spain
and Portugal. 3 Fac. 1. c. 6. It fhall be lawful for
Merchants to tranfport Iron, Armour, Piftols, Muf
kets, Saddles, Swords, Bridles, &c. Stat. 12 Car. 2.
c. 4. Merchants, &c. corrupting or adulterating Wine,
or felling the fame adulterated, are liable to Pe-
nalties, by 1 W. & M. Seff. 1. c. 34. On Importa-
tion of Tobacco, Merchants have an Allowance of
8. per Cent. &c. 12 Ann. cap. 8. Vide Custom of Mer-
chants.
ME
into the Capital Stock of the East-India Company
and the Bank of England; and after that, Half the
Stock was converted into Annuities at 41. per Cent.
Since which a farther Reduction thereof hath been
made.
•
+
·
:
This fhort History of our Companies of Merchants,
which have ever had many and great Privileges,
and are at length become of double Ufe, i. e. to en-
large Commerce, and fupply the Neceffities of thic
State, fufficiently fhews the Progress and Increafo
There are Commpanies of Merchants in London for of our Trade, and the Wealth of the Nation: Tho'
carrying on confiderable Joint Trades to foreign I must nevertheleſs obferve that they are a Kind
Parts, viz. The Merchants Adventurers, the Com- of Monopolies erected by Law; and if the Power
pany eſtabliſhed in England for the Improvement of granted them is abuſed, are of fatal Confequence;
Commerce; which was erected by Patent by King for which I need only inftance the ever memorable
Ed. 1. merely for the Exportation of Wool, Year 1720, when the Sub-Governor and Directors
before we knew the Value of that Commodity and of the South Sea Company incurred a Forfeiture of
at a Time we were in a great Meafure Strangers their Eftates by Statute, and were diſabled to hold
to Trade. The next Company was that of the Bar any Offices, &c. for their vile Conduct, which
bary Merchants, incorporated in the Reign of King tended to the Ruin of the Publick. Over and a-
Hen. 7. A Company of Merchants trading to the bove theſe Companies, there are the Dutch Mer-
North, called the Muscovy or Ruffia Company, was chants; thofe that trade to the West Indies; the Ca
cftablished by King E. 6. and encouraged with ad-nary Merchants; Italian Merchants, which trade to
ditional Privileges, by Queen Mary, Queen Eliza- Leghorn, Venice, Sicily, &c. The French and Spaniſh
beth, &c. The Barbary Merchants decaying towards Merchants, &c.
the latter End of Queen Elizabeth's Reign, out of Merchentage, (Merciorum Lex) Was the Law of
their Ruins arofe the Levant or Turkey Company; who the People here called the Mercians. Camden in his
firft trading with Venice, and then with Turkey, fur-Britannia fays, That in the Year 1016, this Kingdom
nifhed England that Way with the East India Commo- was divided into three Parts; whereof the West
dities: This Company bath very confiderable Facto Saxons had one, governing it by the Laws called
ries, at Conftantinople, Smyrna, Aleppo, &c. From the Weft Saxonlage which contained thefe nine Shires,
flourishing State of the Levant or Turkey Company, viz. Kent, Suffer, Surrey, Berks, Hampſhire, Wilts,
in the Reign likewife of Queen Eliz. Sprung the Somerfet, Dorfet and Devon: The Danes had the fe-
Old Eafl-India Company, who having fitted out Ships cond, containing fifteen Shires, i. e. York, Derby,
of Force, brought from thence at the beft Hand, Nottingham, Liecefter, Lincoln, Northampton, Bedford,
the Indian Commodities, formerly fold to England by Bucks, Hertford, Effex, Middlesex, Norfolk, Suffolk,
diftant Europeans; and they having obtained divers Cambridge and Huntindon; which was "governed by
Charters and Grants from the Crown, in their Fa- the Laws called Danelage: And the Third Part was
vour, were fole Mafters of that advantageous Traf- in the Poffeffion of the Mercians, whofe Law was
fick; until at laft a New Company was incorporated called Merchenlage; and contained eight Shires,
by King Will. Anno 9 W. 3. on their lending the Go- Gloucester, Worcester, Hereford, Warwick, Oxford, Che
vernment Two Millions of Money; and both thefe fter, Salop and Stafford: From which three, King
Companies after the Expiration of a certain Term, Will. 1. chofe the belt, and with other Laws ordain
were by Articles united. In the 21ft Year of Queened
Elizabeth, the Eaftland Company of Merchants was e-
rected; and in King Charles the Second's Time, that
Company was confirmed, with full Power to trade
in Norway, Sweden, Poland, and other Eaftland Coun-
tries. The Royal African Company had their Char-
ter granted them in the 14th Year of King Car. 2.
And by 9 & 10 W. 3. they are to maintain all Forts,
&c. King Charles 2 alfo by Commiffion under the
Great Seal of England, conftituted his Royal High:
nefs James Duke of York, (afterwards King Fam. 2.)
Edward Earl of Clarendon, and others, to be a Coun-
cil for the Royal Fishery of England, and declared
himself to be the Protector of it; and in the 29th
Year of his Reign, he incorporated them into a
Company. King Will. 3. in the fourth Year of his
Reign, eſtabliſhed a Greenland Company. By Stat. 9
Ann, to pay the Debts of the Army and Navy, &c.
amounting to near Ten Millions, the South-Sea Com-
pany of Merchants was erected; who having advan-
ced that Money, the Duries upon Wines, Vinegar,
Tobacco, & were appropriated as a Fund for
Payment of the Intereft, after the Rate of 6 1. per
Cent. &c. The Company is to have the fole Trade
to the South Seas; and others trading thither fhall
forfeit their Ships and Goods, and double Value:
And the
Corporation is to continue for ever; but
the Funds are fubject to Redemption by Parliament.
This Company had their Capital Stock very much
enlarged in the Reign of King Geo. 1. And to raiſe
Money lent, were empowered to make Calls or take
in Subſcriptions, &c. as they thought fit; and on
this Foundation, the late South Sea Scheme was ex-
ecuted. But to retrieve Credir, afterwards Part of
the Stock of the South Sea Company was ingrafted
}
them to be the Laws of the Kingdom. Camd.
Brit: pag. 94. See Molmutian Laws.
Mercimoniatus Angliæ, Was of old Time ufed
for the Impoft of England upon Merchandize.
Mercuries, Or Venders of printed Books or Pa-
pers. Vide Hawkers.
Mercy, The Arbitrament of the King or Judge,
in punishing Offences, not directly cenfured by the
Law. 11 H. 6. c. 2.
Law. 11 H. 6. c. 2. See Mifericordia.
is
Merger, Is where a leffer Estate in Lands, &c.
drowned in the greater: As if the Fee comes to
Tenant for Years, or Life, the particular Eftates
are merged in the Fee: But an Eſtate-tail cannot
be merged in an Elate in Fec; for no Eſtate in
Tail can be extin&t, by the Acceffion of a greater
Eftate to it. 2 Co. Rep. 60, 61. If a Leffor, who
hath the Fee, marries with the Leffee for Years;
this is no Merger, becauſe he hath the Inheritance
in his own, and the Leafe in Right of his Wife.
2 Plowd. 418. And where a Man hath a Term in his
own Right, and the Inheritance defcends to his Wife,
fo as he hath a Freehold in her Right, the Term is
not merged or drowned. Cro. Car. 275.
Merlum. Maneria, Molendina, Merfca & Ma-
rifca. Ingulph. p. 861.
Mertlage, A Corruption of the Word Martyrologe;
being a Church Kalendar. 9 H. 7.
Melue or Mealne, Fr. Maifne. See Mean.
Mcfualty, Signifies the Right or Condition of the
Mefne. Old Nat. Br. 44.
"
Meffarius, (From Meis) The chief Servant in
Husbandry, or Harveft time, now called a Bailiff in
fome Places. Mon. Angl. Tom. 2. pag. 832. Alfo
this Word is ufed for a Mower or Reaper; one
that works Harveft-work. Fleta, lib. 2. c. 75.
•
Mellenger,
}
-
1
}
O
$
MI
MI
Miles, A Knight; and Militare, to be knighted
Mat. Weltm. p. IS.
·
3. the
Mellenger, Is a Carrier of Meffages, particularly
imployed by the Secretaries of State, and to thefe
Commitments may be made of State Prifoners; for Militia, (Lat.) The being a Soldier; and applied
though regularly no one can juftify the Detaining a to the Trained Bands, under the Direction of the
Perfon in Cultody out of the Common Gaol, unless Lieutenancy. The Stat. 13 Car. 2. cap. 6. is decla
there be fome particular Reafon for it; as if the rative of the King's Right to the fupreme Govern-
Party be fo dangeroufly fick, that it would hazardment of the Militia, and of all Forces by Sea and
his Life to ſend him thither, &. yet it is the con- Land, &c. And by the 13 and 14 Car. 2 c.
tant Practice to make Commitments to Meffengers; King may iffue Commiffions of Lieutenancy for the
but it is faid, it shall be intended only in Order to feveral Counties and Cities, . And fuch Lieute-
the carrying the Offenders to Gaol. 1 Salk. 347. pants have Power to give Commiffions to Colonels,
2 Hawk. P. C. 118. An Offender may be committed Captains, and other inferior Officers; and to call
to a Messenger, in order to be examined before com- Perfons together, and arm and form them into
mitted to Prifon; and though fuch Commitment Companies, and command them to Places to fup
to a Meffenger is irregular, it is not void; and a prefs Rebellions, or refift Invafions; and upon In-
Perfon charged with Treafon, efcaping from the vafions or Rebellions, the Perfons charged fhall pro
Meffenger, is guilty of Treafon, &c. Skin Rep. 599. vide a Month's Pay, &c. which is to be paid out of
Mellengers of the Exchequer, Are Officers at the Publick Revenue; and the Officers fhall like
tending that Court; they are four in Number, and wife be paid out of the publick Revenue at fuch
in Nature of Purfuivants to the Lord Treasurer. Times. And by this Act, Perfons having an Eftate
of 50. a Year in Lands, or a perfonal Eftate in
Goods, &c. to the Value of 600l. fhall be charged
by the Lieutenants of Counties, or Deputy-Lieute-
nants, to provide a Man in the Foot-Service, and
allow him 1s per Diem; and he which hath 100l.
per Annum, or under 2001. per Annum, or who is
worth 12001. in perfonal Eftate, and under 2400 1.
may be charged with either Foot or Horfe: Búr a
Perfon ought to have in Poffeffion 500l. per Annum,
or a perfonal Eftate to the Value of 6000l. to fur-
Mefluage, (Meſſuagium) Is a Dwelling-houfe with
fome Land adjoining affigned to the Ufe thereof.
Weft. Symb. par. 2. And by the Name of a Meuage,
may pass a Curtilage, Garden, Orchard, a Dove-
houfe, Mill, Cottage, Toft, Shop, Chamber, &c.
Bract. lib. 5. c. 28. Ploud. 169. One Meffuage can-
not be appurtenant to another Meffuage; becaufe a
Meuage is an entire Thing of itself, and therefore
may not be appurtenant to another Thing. Mich.
24 Car. 1. B. R. But by the Grant of a Meffuage
cum pertinentiis, the Stables, Barns, Out-boufes, Garnish a Horſe; and none is to contribute towards a
dens, and Curtilages do pals. 2 Lill. Abr. 197. A
Præcipe lies not de Domo, but it doth de Meluagio.
Co. Litt.
Meluagium in Scotland, fignifies the principal
Place or Dwelling houfe within a Barony; which
we call a Manor boufe, or the Site of a Manor. Skene.
Metilo, Meline, or rather Mefcellane, Wheat
and Rye mixed together:
Et nonam garbam
Frumenti, Meftilonis, & omnis generis Bladi, &c. Pat.
I Ed. 3.
!
Metegavel, (Sax. Cibi gablum, feu vectigal) A Tri-
bute or Rent paid in Victuals; which was a Thing
ufual in this Kingdom, as well with the King's Te-
nants as others, till the Reign of King. Hen. 1.
Meter of Coals in London, &c. (from Metior) to
mete or meafure a Thing. Vide Meaſurer.
Metheglin, (Brit. Meddiglin) An old British Drink
made of Honey, &c. and ftill continues in Repute
in England; it is mentioned in the Statute 15 Car. 2.
cap. 9.
Mettelhep, Mettenfchep, Was an Acknowledg-
ment paid in a certain Meafure of Corn; or a Fine
or Penalty impofed on Tenants, for their Defaults
in not doing their cuftomary Services of cutting the
Lord's Corn. Paroch. Antiq. 495.
Meum & Tuum, Are Latin Words used for the
proper Guides of Right; and which being miſunder
tood, have been the Ground of many Controver-
fies.
mey
>
Meya, A Mey or Mow of Corn, as anciently u-
fed; and in fome Parts of England, they ftill fay
the Corn, i. e. put it on an Heap in the Barn.
Cariabunt Bladum per unum Diem cum una Ca-
recta & invenient unum Hominem ad faciendum Meyas
in grangio. Blount Ten. 130.
Micel Gemotes. The great Councils and gene
ral Affemblies, in the Times of the Saxons, of the
King and Noblemen, &c. were first called Wittena
Gemotes, and afterwards Micel Gemotes.
Mildernir, A kind of Canvas, of which Sail
Cloths of Ships are made. 1 Fac. cap. 14.
Mile, (Milliare) In the Meaſure of a Country,
is the Diffance or Length of a Thoufand Paces; o
therwife defcribed to contain eight Furlongs, every
Furlong being forty Poles, and every Pole fixteen
Foot and a Half. Stat. 35 Eliz. c. 6.
2
7
Horfe who hath not 100l. a Year, or a perfonal
Eftate of 12001. A Horfeman fhall be allowed
2s. 6d. per Diem, and muft carry with him Powder
and Bullet, of each a Quarter of a Pound. The
Arms and Furniture of Horfemen by this Statute,
were to be a Sword, and Cafe of Piftols 14 Inches in
the Barrel, a great Saddle with Burs and Straps, a
Bit-Bridle, &c. And the Foot or Mufqueteers were
to have a Musket three Foot in Barrel, the Bore
whereof to bear a Bullet of 12 or 14 to the Pound,
a Collar of Bandaleers, and a Sword; and to carry
with them Powder and Ball, of cach half a Pound.
If any Perfon liable to furnith Horfe, &c. fhall not
fend our fuch Horfe, or fhall neglect to pay the
Money towards the Provifion of Man and Horfe;
the Lord Lieutenant of the County, or three De-
puties, may fine him nor exceeding 201. to be le-
vied by Warrant under their Hands and Seals; but
commiffioned Officers of Foot in the Militia, are ex-
cufed from finding Soldiers or Arms for their E-
ftates, if charged but with one Horfe or lefs, &c.
in refpect of the Expence of their Imployments.
And the Lieutenants or Deputies may inflict a Pe-
nalty of 51. on Perfons refufing to provide a Foot-
Soldier; and if they live out of the County, their
Tenants are to do it on Notice: On whofe Neglect,
the Lieutenant, &c. may appoint Conftables to pro-
vide for them: And by the 8 W. 3. the Lieutenan-
cy are to find Perfons for Papifts, charging them
with S, a Year for a Horfeman, and 30s. a Foot
Soldier, to be levied by Diftrefs, c. If a Soldier
neglects to appear, two Deputy Lieutenants may
commit him for five Days, or fine him; if a Horfe
man 20s. if a Footman 10 s. . None are obliged
to ſerve in Perfon; but the Perfons provided by o-
thers are to be approved by the Captain, and their
Names and Places of Abode must be given in to
two Deputy Lieutenants at the next Mufter, when
they are lifted; and if they defert after Lifting,
they fhall forfeit 201. and fhall not be difcharged
without Leave of two Deputy Lieutenants, or the
Captain, under the like Penalty, to be levied by
Diftrefs; and if no Diftrefs, to be committed, not
exceeding three Months. And the Lieutenancy may
imprifon Mutineers; charge Carriages at 6d. per
Mile, . There fhall be a general Mufter of the
Militia
+
}
-
MI
MI
*
+
The County of Bedford, per Month
Ifle of Ely
Berks
Buckingham
Cambridge
County of Chester and City.
Cornwall
Cumberland
Derby..
¿
1.
s. d.
09336 8
1088 17 10
1283 6 8
1.102 10
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Militia but once a Year; and then not to continue The fourth Part of every of theſe Sums may be
above four Days without fpecial Direction: For raifed yearly for Trophy Money, and no more; ex-
training fingle Companies, Mufters may be four cept in the City of London, where the whole Month's
Times a Year. And once a Year every Horfeman Affeffment may be annually collected. And Mo-
is to pay to the Mufter Mafter 1. and every Foot-hey levied for Trophy Money is to be accounted
man 6d. by Order of three Deputy Lieutenants; for by Collectors before Juftices of the Peace at the
and if the fame be not paid, it may be levied on Quarter Seffions, within one Year after received;
the Goods of the Perfons charged. 13 & 14 Car. 2. and the Balance to be paid to the Treafurers ap
cap. 3. and 15 Car. 2. cap. 4. In the Year 1660, the pointed to receive the fame, or the Collectors fhall
Lords and Commons paffed an Ordinance for affeffing forfeit treble the Sum unaccounted for, by Stat.
70,000l. per Month, for three Months, on the fe- 1 Geo. 1. The 10 Ann. requires Perfons in Dorſetſhire
veral Counties in England and Wales, towards Pay to account for Money received for railing the Mili
ment of the Army and Militia, &c. In Purfuance tia on King William's Landing in the Weft, undifpo-
of which Ordinance, the Counties were affcffed as fed of During the Reigns of K. Will. 3. Queen
follows, viz.
Anne, and King Geo. 1. Acts were annually made
for raifing the Militia, although the Month's Pay
formerly advanced by the Country be not repaid;
and by the Geo, 1. c. 14. Lords Lieutenants, &c.
of Counties, when neceffary and fignified by the
King, are to draw out the Militia into actual Ser-
0367 100vice and Perfons charged muft provide each Sol-
0855 11 2 dier with Pay in Hand, not exceeding one Month;
1633 6, 8 and alfo furnish every Horfeman with a Broad
0108 o o Sword, a Cafe of Piftols twelve Inches in the Bar-
0933 6 8 rel, and a Carabine with Belt and Bucket, a great
3003 15 6 Saddle or Pad, with Burs and Straps, a Bit and Bri-
0107 6 8 dle with Pectoral and Crupper; and for every Foot-
1311 10 6 man, a Musket five Foot long in the Barrel, the
0153 14 4 Gage of the Bore for Bullets of twelve to the
3.5000 o Pound, with a Bayonet to fix on the Muzzle, a'
1626 6 8 Cartouch Box and a Sword; under the fame Penal-
0162 112 ties as by any former Acts: But this Statute ſhall
1166 13 4 not extend to make any Perfon chargeable to the
Militia, not chargeable by Law; or to enlarge the
Power of the Lieutenancy beyond the Authority gi-
ven them by the A&ts of the 13, 14 15 Gar. 2. but
only in Cafes exprefly provided for by this A&t:
And thefe Statutes fhall not be conftrued to give a
ny Power for the tranfporting any of the Subjects
of this Realm, or the Compelling them to march
out of this Kingdom, otherwife than according to
the Laws of England. By Stat. 7 Geo. 2. c. 23. When
his Majefty fhall think it neceffary for the Safety of
the Kingdom, and it fhall be declared to the Lieu-
tenants of Counties, &c. the Perfons empowered
are to raife, draw out and march fuch Part of the
Militia of any City, Town or County, as they
fhall judge molt proper and convenient; and the
Pay advanced by the Perfons chargeable, is to be
repaid and made good to them in fix Months, by
Affeffment throughout the whole County, City, &c.
The Militia of Horfe and Foot are computed to be
about the Number of two hundred Thouſand, in
England and Wales.
Devon
City of Exeter.
County of Dorſet
Durham
Effex
-Gloucefter
City of Gloucester
County of Hereford
Hertford
Huntingdon
Kent
Lancaster
Leicester
་་
Lincoln
City of London
County of Middlefex
Monmouth
Northampton
Nottingham
Norfolk
Norwich
Northumberland
Town of Newcastle
County of Oxford
Rutland
Salop
Stafford
Somerfet
City of Bristol
County of Southampton
Suffolk
Surrey
Suffex
Warwick
Worcester
Wilts
Westmorland
County of York and City
Town of Kingston upon Hull
Ifle of Angleſey
County of Brecknock
Cardigan
Carmarthen
Carnarvon
Denbigh
Flint
Glamorgan
Merioneth
Montgomery
Pembroke
Radnor
Town of Haverford West
Town of Berwick upon Tweed
:
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0622 4 6
3655 11 2
0933 6 8
8
1088:17.
2722 4 10
4666 13 4
1788 17 10
0466 13 4
1400 O
0903 4 4
3624 8-10
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0186 13 4
0179 19 10
0035 11 8
1127 II o
0272 4 6
1322 4 4
0919 6 8
2722 4 6
0171 2 2
2022 4.4
3655 11 2
1565 5 6
1905. 1.1
+
2
1244 8 10
1244 8 10
1944 8.10
0073 19 4
3044 8 10
0067 13 4
0135 14 4
0361 13 4
0213 10 o
0352 6 8
0202 4 4
0272 4 6
0135 14 6
0458 17 8
0124 8 10
0295 II
0406 0 0
0254 6 8
0014 II
ס
Mill, (Molendinum) Is a Houfe or Engine to grind
Corn; and either a Water-mill, Wind-mill, Horfe-
mill, Hand-mill, &c. And befides Corn and Grift-
mills, there are Paper mills, Fulling or Tucking-
mills, Iron mills, Oil-mills, &c. 2. Inft. 621.
Mill-leat, A Trench of Water by a Mill. Sce
Leat.
Millet, (Milium) A fmall Grain fo termed from
its Multitude. Litt. Dict.
Mina, A Corn-meafure of different Quantity,
according to the Things meafüred by it: And
Minage was a Toll or Duty paid for felling Corn by
this Meaſure. Cowel. According to Littleton, it is a
Meaſure of Ground, containing one hundred and
twenty Foot in Length, and as many in Breadth
alfo it is taken both for a. Coin and a Weight.. Litt.
Dict.
Minator a
Minare, To mine or dig Mines.
Miner. Record 16 Ed. I,
Mineral, Is any Thing that grows in Mines, and
contains Metals. Shep. Epit.
Mineral Courts, (Curia Minerales) Are Courts.
Speculiar for regulating the Concerns of Lead: Mines ;
0005 16 8 as Stannary Courts are for Tin. See Berghmote.
Mine:
6 M.
J
A
1
1
MI
Mine-Adventurers, A Company eſtabliſhed by
Statute, governed by the Duke of Leeds, &c. Vide
9 Ann. c. 24.
I
Mines, (Mineria) Quarries or Places whereout
any Thing is digged; and are likewife the hidden
Treafure dug out of the Earth. The King by his
Prerogative hath all Mines of Gold and Silver to
make Money and where Gold and Silver in
Mines is of the greater Value, which are called
Royal Mines. Plowd. Com. But by Statute, no Mine
of Copper or Tin fhall be adjudged a Royal Mine,
though Silver be extracted. 1 W. & M. c. 30. And
Perfons having Mines of Copper, Tin, Lead, &c.
fhall enjoy the fame, although claimed to be Royal
Mines; but the King may have the Oar, (except in
Devon and Cornwall) paying to the Owners of the
Mines, within thirty Days after it thall be raifed,
and before removed, 161. per Tun for Copper Oar,
waſh'a and made merchantable; for Lead Oar, 91
per Tun; Tin or Iron 405. &c. Stat. 5 W & M. c.
6. If a Man hath Lands where there are fome
Mines open and others not, and he lets the Land
with the Mines therein, for Life or Years, the Lef
fee may dig in the open Mines only, which is ſuffi
cient to fatisfy the Words in the Leafe; and hath
no Power to dig the Mines unopened: But if there
be no open Mine, and the Leafe is made of the
Lands, together with all Mines therein, there the
Leffee may dig for Mines and enjoy the Benefit
thereof; otherwiſe thofe Words would be void.
1 Inft. 54. 5 Co. Rep. 12. 2 Lev. 184. To dig Mines
is Wafte, where Leffees are not authoriſed by their
Leafes: Though à Mine is not properly fo called
till it is opened; being but a Vein of Iron or
Coals, &c. before. 1 Co. Inft. 54. If any Perfon
maliciously fet on Fire any Mine, or Pit of Coal,
he fhall fuffer Death as a Felon, by Stat. 10 Geo. 2.
c. 32. And damaging fuch Mines, or any Coal-
works, by conveying Water thereinto, or obftructing
Sewers for Draining them, &c. fhall forfeit treble
Damages. 13 Geo. 2. cap. 21.
ΜΙ
are excepted out of the Vagrant Act, 39 Eliz. c. 4.
&c.
3
Mint, (Officina Monetaria, Monetarium) Is the
Place where the King's Money is coined; which is
at prefent and long hath been in the Tower of Lon-
don, though it appears by divers Statutes, that in
antient Times the Mint has alſo been at Calis, and
other Places. 2 R. 2. c. 16. and 9 H. 5. c. 5. The
Mint mafter is to keep his Allay, and receive Sil-
ver at the true Value, &c. 2 H. 6. c. 12. And Gold
and Silver delivered into the Mint is to be affay'd,
coin'd, and given out, according to the Order and
Time of bringing in; and Perfons fhall receive the
fame Weight of Coin, or fo much as fhall be finer
or coarfer than the Standard, &c. Stat. 18 Car. 2. c. 5.
All Silver and Gold extracted by melting and refining
of Metals, fhall be employed for the Increafe of
Monies, and be fent to the Mint, where the Value
is to be paid. 1 W. & M. c. 30. By the Stat. 18 Car.
2. 3000l. a Year was granted out of certain Duties
on Wine, Beer, &c. imported, to defray the Expence
of the Mint: But this was increafed by the Stat. 4
5 Ann. c. 22. and much augmented by 1 Geo. 1. c.
43. by which Statute it may be a Sum not exceed-
ing 15000l. per Ann. for England and Scotland, Eyc.
The Officers belonging to the Mint have not always
been alike: They are now the following, viz. The
Warden, who is the Chief of the Reft, and is by his
Office to receive the Silver and Bullion of the
Goldsmiths to be coined, and take Care thereof,
and he hath the Overſeeing of all the other Officers.
The Mafter Worker receives the Silver from the War-
den, and caufes it to be melted, when he delivers it
to the Moniers, and taketh it from them again after
made into Money. The Comptroller, who is to fee that
the Money be made to the juſt Affize, and controul
the Officers if the Money be not made as it ought.
The Mafter of the Alfay, that weigheth the Silver,
and examineth whether it be according to the Stan-
dard. The Auditor takes Accounts of the Silver, &c.
The Surveyor of the Melting, who is to fee the Silver
caft out, and that it be not altered after the Affay-
Mafter hath made Trial of it, and it is delivered
to the Melters. The Clerk of the Irons, that feeth
that the Irons be clean and fit for Working. The
Graver, whofe Office is to ingrave the Stamps for
the Money. The Melters, that melt down the Bullion,
c. The Blanchers do anneal and cleanfe the Money.
The Moniers, who are fome to fhear the Money, o-
thers to forge and beat it broad, fome to round,
and fome to Stamp or coin it. The Provoft to pro-
Ministers. If a Minifter is difturbed in the Ex-vide for all the Moniers, and to overfee them, &c.
ecution of his Office in the Church; the Puniſh- |
ment upon Conviction is a Fine of 10l. And upon
Non-payment three Months Imprisonment, c.
2 Ego 3 Ed. 6. c. I. And diſturbing a licenfed Mini-
fter, incurs a Forfeiture of 20%. by 1 W. & M.
Mines, In another Signification are Caves or
Trenches dug under Ground, whereby to undermine
the Walls of a City or Fortification.
Miniments, or Muniments, (Munimenta, from
Munio, to defend) Are the Evidences and Writings
concerning a Man's Poffeffion or Inheritance,
whereby he is enabled to defend the Title of his
Eftate: And this Word includes all Manner of Evi-
dences, Deeds, Charters,c. Terms de Ley 451.
Stat. 5 R. 2. c. 8. and 35 H. 6. c. 37.
C. II.
Miniltri Begis, Extend to the Judges of the
Realm; as well as to thofe that have Minifterial Of
fices in the Government. 2 Inst. 208.
Minor, One under Age; and more properly an
Heir Male or Female, before they come to the Age
of twenty-one Years; during which Minority they
are generally incapable to act for themſelves.
Minozes, Friars Minorites, of the Order of St
Francis, that had no Prior; they wafh'd each o-
ther's Feet, and increaſed very much in the Year
1207. Matt. Wefim.
Minstrel, (Minfirellus, from the Fr. Meneftrier) A
Muſician, Fidler, or Piper; mentioned in the Stat.
4 H. 4. c. 27. There was formerly a King of Min
frels; and it was ufual for theſe Minstrels, not only
to divert Princes and the Nobility, with mufical In-
ftruments and flattering Songs in Praife of them and
their Anceſtors, but alfo with various Sports, &c.
In the County of Chefter, the antient Family of the
Duttons have the Licenſing of Minstrels; and thofe
4
Vidė Coin.
Mint, A pretended Place of Privilege in South
wark, near the King's Bench, put down by Statute.
If any Perfons within the Limits of the Mint fhall
obftruct any Officer in the ferving of any Writ or
Procefs, c. or affault any Perfon therein, fo as he
receive any bodily Hurt, the Offenders fhall be
guilty of Felony, and tranfported to the Planta-
tions, &c. Stat. 9 Geo. I. Sec. Privilèged Places.
1
Minute Tithes, (Minores Decima) Small Tithes of
Wool, Lambs, Pigs, Butter, Cheefe, Herbs, Seeds,
Eggs, . fuch as ufually belong to the Vicar
Vide Tithes.
Minutio, Blood-letting; which was a common
old Practife, among the Regulars and Secular Pricfts
or Canons of Churches, who were the moſt confi
ned and fedentary Men. Stat. Cathed. Eccl. Sti. Paul.
London.
Miracula, A fuperftitious Play, practiſed by the
Popish Clergy.
is. This Syllable added to another Word, fig.
nifies fome Fault or Defect: As Mifprifion of a Crime;
Mifdicere, i. e. to fcandalize any one; Mifdocere, to
teach amifs.Si Presbyter populum fuum mifdoceat.
Miladventure, (Fr. Mefadventure, i. c. Infortunium)
Has an efpecial Signification for the Killing a Man,
partly.
1
MI
MI
!
tors as are admitted to the Benefit of the Clergy;
being therefore called the Pfalm of Mercy.
partly by Negligence and partly by Chance. S. P. C.
lib. 1. c. 8. And Britton diftinguishes between Adven-
ture and Miſadventure; the firſt he makes to be meer Mifericordia, Is in Law ufed for an arbitrary or
Chance; as if a Man, being upon or near the Wa- difcretionary Amerciament impofed on any Perfon
ter, be taken with fome fudden Sickness, and fo for an Offence; and where the Plaintiff or Defen-
fall in and is drowned; or into the Fire, and is dant in any Action is amerced, the Entry is Ideo in
burnt; Mifadventure he fays is, where a Perfon Mifericordia, &c. Bract. lib. 4. tract. 5. cap. 6. Kitch.
comes to his Death by fome outward Violence, as 78. It is called Mifericordia, becauſe it ought to be
the Fall of a Tree, the Running of a Cart-wheel, but fmall, and rather lefs than the Offence, accor-
Stroke of a Horfe, or fuch like. Brit. c. 7. Staund-ding to Magna Charta, c. 14. Sometimes Mifericordia
ford conftrues Mifadventure more largely than Britton is to be quit of all Manner of Amerciaments. Crompt.
underftands it; and fays, it is where one thinking Furifd. 196. See Amerciament.
no Harm carelefly throws a Stone, wherewith he
kills another, &c. Weft defines Mifadventure to be,
when a Man is flain by meer Fortune, against the
Mind of the Killer; and he calls it Homicide by
Chance mix'd, when the Killer's Ignorance or Neg-
ligence is join'd with the Chance. Weft. Symb. Sect.
48, 49. See Chancemedley.
Milcognilant. Ignorant, or not knowing. In
the Stat. 32 Hen. 8. cap. 9. against Champerty and
Maintenance, it is ordained that Proclamation fhall
be made twice in the Year of that A&t, to the In-
tent no Perſon ſhould be ignorant or mifcognifant of
the Penalties therein contained, &c.
Milcomputing, In Covenant for Payment of
Rent, the Mifcafting of the Sum due doth not
make it ill; and if more be laid, it fhall be aba-
ted as Surplus: But it is otherwiſe in Debt for
Rent. Dyer 55.
•
Mifcontinuance, Signifies the fame with Difconti-
nuance. Kitch. 231. Though 'tis generally faid to
be, where a Continuance is made by undue Procefs.
Fenk. Cent. 51.
Mifericordia communis, Signifies where a Fine is
fet on the whole County or Hundred.
Ac de
communi Mifericordia quando contigerit, videlicet Comi-
tatus & Hundredi coram nobis vel aliquibus Fufticiariis
noftris, &c.
Mifericordia in Cibis & potu, Is ufed for any
Portion of Meat and Drink, given to the Religious
in Convents beyond their ordinary Allowance. Matt.
Parif. And in fome Convents they had a stated Al-
lowance of thefe Over commons upon extraordina-
ry Days; which were called Mifericordia Regulares.
Mon. Angl. Tom. I. pag. 149.
Milevenire, Is where a Man accuſed of a Crime,
fails in his Defence or Purgation; when he is faid
to fucceed ill. Leg. Canut. 78.
The
Misfeafance, A Mifdeed or Treſpaſs.
Jury fhall inquire of all Purpreſtures and Misfea-
Jances. Cro. Car. 498.
Misfeafoz, Is a Trefpaffer. 2 Inft. 200.
Miskenning, (Miskenninga) Is derived from Mis,
and Sax. Cennan. i. e. citare. Leg. H. 1. c. 12. Iniqua
vel injufta in jus vocatio; inconftanter Loqui in Curia, vel
invariare. It is mentioned among the Privileges
granted and confirmed to the Monaftery of Ramsey
by S. Edward the Confeffor. Mon. Angl. Tom. i. pag.
237. Et in Civitate London. in nullo Placito Miskenna-
gium. Chart. H. 2.
Miskering. Hoc eft quietus pro querelis coram qui-
bufcunque in tranfumptione probata. MS. LL. in Bibl.
Cotron. fol. 262.
"
•
Mile, (A French Word, written in Latin Mifum,
and fometimes Mifa) Is a Law Term fignifying
Expences, and it is fo commonly used in the En-
tries of Judgments in perfonal Actions; as when
the Plaintiff recovers, that Recuperet Damna fua to
fuch a Value, and pro Mifis & Cuftagiis, for Colts
and Charges, fo much, &c. This Word hath alfo
another Signification in the Ufe made of it by Law;
which is where it is taken for a Word of Art, ap- Milnomer, (Compounded of the Fr. Mes, figni-
propriated to a Writ of Right, fo called because both fying amifs, and Nomer, i. e. Nominare) Is the Uſing
Parties have put themselves upon the meer Right, one Name for another, a Mifnaming. Nomen eft
to be tried upon the Grand Affife; fo as that which quafi rei notamen, and was invented to make a Diftinč-
in all other Actions is called an Iffue, in a Writ of tion between Perfon and Perfon; and where a Per-
Right is termed a Mife: But if in the Writ of fon is defcribed, fo that he may be certainly diſtin-
Right a collateral Point be tried, there it is called anguiſhed and known from other Perfons, the Ómiffion
Iffuc. To join the Mife upon the Meer is as much as to or in fome Cafes the Mitake of the Name ſhall
fay, to join the Mife upon the clear Right, i. e. to join not avoid the Grant. 11 Rep. 20, 21. And if the
upon this Peins, whether has the more Right, the Name of a Party is miſtaken; the Judges ought
Tenant or Demandant. 1 Inft. 294. 37 Ed. 3. c. 16. to mould a fmall Miſtake therein, to make good a
Miles, Are taken for Taxes or Tallages, &c. An Contract, &c. and fo as to fupport the Act of the
honorary Gift or cuſtomary Preſent, from the Peo-Party by the Law. Hob. 125. But the Chriſtian
ple of Wales to every new King and Prince of Wales, Name ought always to be perfect; and the Law is
antiently given in Catile, Wine and Corn, but now not fo precife as to Surnames, as it is of Chriſtian
in Money, being 5000l. or more, is denominated a Names. Poph. 57. 2 Lill. Abr. 199. Mifprifions of
Mife: So was the ufual Tribute or Fine of 3000 Clerks in Names are amendable: And Peter and
Marks, paid by the Inhabitants of the County Pala- Piers, have been adjudged one and the fame Name.
tine of Chefter, at the Change of every Owner of the 2 Cro. 67, 425. I Leon. 146. And ſo Saunder and
faid Earldom, for the enjoying of their Liberties. Alexander; and Garret and Gerald, are but one Name:
And at Chester they have a Mife-book, wherein every But Ranulph and Randolph; Iſabel and Sybil, &c. are
Town and Village in the County is rated what to feveral Names, and must be named Right. 1 Rol.
pay towards the Mife. The 27 Hen. 8. c. 26. ordains, Abr. 135. 1 And. 211. Where a Chriftian Name is
that Lords fhall have all fuch Mifes and Profits of quite mistaken, as John for Thomas, &c. it may be
their Lands as they had in Times paft, &c. And pleaded, that there was no fuch Man in rerum Natu-
Mife is fometimes corruptly uſed for Meafe, in Law ra. Dyer 349. If a Perfon pleads, that he was
French Mees, a Mcffuage; as a Mife Place in fome
Manors is ſuch a Meffuage or Tenement as answers
the Lord a Heriot at the Death of its Owner. 2 Inft.
528.
Mile-Money, Was Money given by Way of Con-
tract or Compofition to purchaſe any Liberty, &c.
Blount, Ten. 162.
Miferere, The Name and firft Word of one of
the Penitential Pfalms, and is most commonly that
which the Ordinary gives to fuch guilty Malefac
never called by fuch a Name, it is ill; for this
may be true, and yet he might be of that Name
of Baptifm. 1 Salk. 6. One whofe Name is Ed-
mund is bound in a Bond by the Name of Eduard ;
though he fubferibes his true Name, that is no
Part of the Bond. 2. Cro. 640. Dyer 279. A Man
cannot have two Names of Baptifm: But if a Perfon
be bound by the Name of W. R. he may be fued
by the Name of W. R. alias dictus W. B. his true
Name; not W. B. alias diâus W. R. 3 Salk, 238.
If
MI
MI
J
1
If a Perfon be indicted by two Chriftian and Sur-where, &c. this uncertain Knowledge may be con-
names, it will be quafhed; for he cannot have two cealed, and it fhall not be Treafon or Mifprifion.
fuch Names. I Ld. Raym. 562. A Lady, Wife to a Kel, 22. 1 H. PC. 36. If High Treafon is dilco-
private Perfon, ought to be named according to the vered to a Clergyman in Confeflion, he ought to re-
Name of her Husband, or the Writ fhall abate; foveal it; but not in Cafe of Felony. 2 Inft. 629 Con-
if the Son of an Earl, S. be fued as a Lord, and cealers of Bulls of Abfolution from Rome are guilty
nor as a private Perfon by the Name of his Family. of Mifprifion of Treafon. 13 Eliz. c. 2. There is a
Dyer 76. 2 Salk. 451. Where a Man's Title is mi-Mifprifion of Treafon in counterfeiting the Great
taken in a Writ, &c. it fhall abate, and he muft Scal; forging and uttering counterfeit Money'
be arrested again. 1 Vent. 154. And the Plaintiff brought from another Kingdom, &c. 14 Eliz. c. 3.
is to confefs the Mifnomer, and pray an Abatement And Mifprißion being included in every Treafon or
of his Writ before he proceeds to a new one. Trin. Felony; where a Man hath committed Treafon
2 Arn. I Salk. 129. But if a Perfon's Title of or Felony, the King may caufe him to be indicted
Lord, . be mistaken in a Leafe or Demife, on and arraigned of Mifprifion only, if he pleaſe.
Not guilty pleaded, the Iffue is not, whether the S. P.C. 32. But if a Perfon is indicted of Mifprifion as
Perfon making the Leafe is a Lord, or not; fo that for Treafon; tho' he be found Guilty, the Judges fhall
it is fufficient if 'tis the fame Perfon who demifed, not give Judgment thereon, he not being indicted of
though mifnamed. Allen 58. 2 Nelf. Abr. 1172. the Mifprifion. Ferk Cent. 217. Information will not
Mifnomer of Corporations may be pleaded in Abate lic for Mifprifion of Treafon, &c. but Indictment, as
ment. 1 Leon. 159. 5 Mod. 327. 2 Salk. 451. And for capital Crimes: And there must be two Witneffes
if there be any Miftake in the Name of a Corpora- upon Indictments, as well as Trials of Mifprifion
tion, that is material in their Lcafes and Grants; of Treafon, by the Statute 7 W. 3. 2 Hawk. P. C.
they will be void. 2 Bendl. 1. Anderf. 196. A De 258, 260. In all Cafes of Mifprifion of Treafon, the
fendant may avoid an Outlawry, by Pleading a Offender fhall be imprisoned for Life; and forfeit
Mifnomer of Name of Baptifm or Surname or all his Goods and Chattels, and the Profits of his
Mifnomer as to Additions of Eftate, of the Town, Lands during Life. H. P. C. 128. 5 Inft. 36, 218.
Exc. 2 Hawk. P. G. 460. Though Mifnomer of a
Surname may not be pleaded on an Indictment;
in an Appeal it may: And any other Mifnomers, and
defective Additions, are as fatal in an Indictment as
an Appeal. Ibid. 130. A Mifnomer must be pleaded
by the Party himself who is mifnamed. 1 Lutw.
35. If a Man is taken upon a Cap. Excom. who is
not of the Name in the Writ, he has no Day in the
Court to plead this Matter to be difcharged; but
muft bring an Action of falfe Impriſonment. 1 Mod,
10. Sec Abatement and Addition.
?
Milprilion of Felony, Is not only where a Man
knows of any Felony committed, and concealeth or
procures the Concealment thereof; but under this
Title of Mifprifion, that of Theftbote may be reduced;
which is where one knowing of a Felony, takes his
own Goods again, or rather Amends for the fame.
3 Inft. 134, 139. H. P. C. 130. Though the bare
Taking one's own Goods again which have been
ftolen is no Offence, unless fome Favour be fhewn
the Thief. 1 Hawk. P. C. 125. The Stat. 3 H. 7.
c. 1. provides againft Concealments of Felonies by
Sheriffs, Coroners and Bailiffs, &c. And for Mif-
prifion of Felony, the Offenders fhall be punished by
Fine and Imprisonment, and remain in Prifon till
the Fines are paid. S. P. C.
Milpzilions at large, Are when Perfons contemn
the King's Prerogative, by refufing to affift the King
according to Law; or by Speaking or Writing againf
his Perfon or Government; receiving a Penfion
from a Foreign Prince, without his Leave; refu-
fing to take the Oaths of Allegiance and Supre-
many; and Contempts against the King's Palace ;
or the Courts of Juftice, &c. H. P. C. 3 Inft. 139,
149.
Milpzilions of Clerks, Relate to their Neglects
in Writing, or keeping of Records: And here Mif
prifion fignifies a Miftaking. 14 Ed. 3. c. 6.
Milrecital of Deeds or Conveyances, will fome-
times hurt a Deed, and fometimes not. Hob. 18, 19,
129. See Lenfe.
Mífprílion, (Miſprifio, from the Fr. Mefpris, Con-
temptus) Signifies a Neglect or Overfight: As for
Example; Mifprifion of Treafon, is a Negligence in
not revealing Treafon where a Perfon knows it to
be committed. Staundf. P. C. lib. 1. cap. 19. If a
Man knoweth of any Treason or Felony and conceals
the fame, it is Mifprision: In a larger Senfe, Mifpri-
fion is taken for many great Offences, which are nei-
ther Treafon nor Felony, or Capital, but very near
them; and every great Mifdemeanor, which hath
no certain Name appointed by the Law, is fome-
times called Mifprision. 3 Inft. 36. H. P. C. 127.
Wood 406, 408. When one knows that another hath
committed Treafon, and doth not reveal it to the
King or his Privy Council, or fome Magiftrate,
that the Offender may be fecured and brought to
Juftice, it is High Treafon by the antient Common
Law; for the Delay in Difcovering the Treafon was
deemed an Affent to it, and confequently High
Treafon: But there muft now be an actual Affent
Miffa, The Maſs, at firſt uſed for the Difmiffion or
to fome outward A&t to make it Treafon. Bracton fending away of the People: And hence it came to
118. S. P. C. 37. 3 Inft. 138, 140. And by Stat, I fignify the whole Church Service, or Common Pray-
2 P. & M. c. 10. a bare Concealment of any Higher; but more particularly the Communion Service,
Treaſon, ſhall be only Mifprifion of Treafon. A Per-and the Office of the Sacrament, after thoſe who
fon having Notice of a Meeting of Confpirators a-
gainst the Government, goes into their Company
and hears their treafonable Confultation, and con-
ceals it, this is Treafon; and fo where one has
been accidentally in fuch Company, and heard fuch
Difcourfe, if he meets fuch Company a fecond
Time; for in thefe Cafes the Concealment is atten-
Miffura, Singing the Nunc Dimittis, and perform-
ded with Circumftances which fhew an Approbationing the many other Ceremonies to recommend and
thereof. H. P. C. 127. Kel. 17, 21. And a Man difmifs a dying Perfon. And in the Statutes of the
that hath Knowledge of a Treafon cannot fecure Church of St. Paul in London, collected by Ralph
himfelf by discovering generally that there will Baldock, Dean about the Year 1295. in the Chapter
be a Rifing, without difclofing the Perfons intend-de Frateria, of the Fraternity or Brotherhood, who
ing to rife; nor can he do it by difcovering thefe were obliged to a mutual Communication of all Re-
to a private Perfon, who is no Magiftrate. S. P. C. ligious Offices, it is ordained Ut fiat commen-
Ut-fiat
H. P. C. 127. But where one is told in general, datio & Miffura & fepultura omnibus fociis coadunan-
that there will be a Rifing or Rebellion, and doth tibus & aftantibus. Liber Stat. Ecclef. Pauline, M.S.
not know the Perfons concerned in it, or the Place | fol. 25
I
did not receive it were difmiffed.´´ Litt. Diet.
Miffal, Miffale, The Mafs-Book, containing all
Things to be daily faid in the Mafs. Lindw. Pro-
vincial. lib. 3. cap. 2.
Millæ Presbyter, Signifies a Pricft in Orders.
Blount.
Millurium,
!
ΜΟ
Millurium, Is a Difh for ferving up Meat to a
Table; whence a Meffe, or Portion of any Diet;
But Voffius tells us 'tis called Mefs, quia dono
Mitti foleat a principibus. Thorn's Chron. pag. 1762.
Mittrial, A falfe or erroneous Trial; where it is
in a wrong County, &c. 3 Cro. 284. And Confent
of Parties cannot help fuch a Trial, when it is paſt.
Hob. s. See Trial.
ifufer, Is an Abufe of any Liberty or Benefit;
as he fhall make Fine for his Mifufer. Old Nat. Br.
149. By Mifufer, a Charter of a Corporation may
be forfeited: So alfo an Office, &c.
f
MO
not lie; for then it is according to the Statute
10 Ed. 2.
Modintio, Was a certain Duty paid for every
Tierce of Wine. Mon. Angl. Tom. 2. p. 994
Modius, A Meafure, ufually a Bufhel; but vari-
ous according to the Customs of feveral Countries.
Modius Terræ vel Agri. This Phrafe was much
uſed in the antient Charters of the Briti Kings,
and probably fignified the fame Quantity of Ground
as with the Romans, viz. One hundred Foot long,
and as many broad. Sciendum eft quod dedit Ilias.
pedum quatuor Modiorun Agri cum omni cenfu fuo, E-c.
Mitred Abbots, Were thofe Governors of Reli-Mon. Angl. Tom. 3. p. 200.
gious Houfes, who had obtained from the Pope the
Privilege of wearing the Mitre, Ring, Gloves, and
Crofier of a Bishop. The Mitred Abbots, fays Corvel,
were not the fame with the conventual Prelates, who
were fummoned to Parliament as Spiritual Lords,
tho' it hath been commonly fo held; for the Sum
mons to Parliament did not any Way depend on
their Mitres, but upon their receiving their Tempo-
rals from the Hands of the King. See Abbot.
Mitta, (From the Sax. Mitten; Menfura) An an-
tient Saxon Meafure; its Quantity doth not cer-
tainly appear, but it is faid to be a Meafure of ten
Bufhels. Domefday. Tit. Wirecfcire. Mon. Angl.
Tom. 2. p. 262. And Mitta, or Mitcha, befides be-
ing a Sort of Meafure for Salt and Corn, is ufed
for the Place where the Caldrons were put to boil
Salt. Calderias quoque ad Sal conficiendum cum pro-
priis fedibus que vulgo Mitchæ vocantur. Gales's Hift.
Brit. 767.
Modo & forma, Are Words of Art in Law Plead-
ings, &c. and particularly uſed in the Anfwer of
a Defendant, whereby he denies to have done the
Thing laid to his Charge, Modo & forma declarata.
Kitch. 232. And Modo & forma are of the Subſtance
of the Iffuc and material, when a collateral Point
in Pleading is traverſed; but not where the Iffue
taken goes directly to the Point of the Writ or Ac-
tion, for they then are only Words of Form or of
Courfe. Co. Lit. 281.
Modus Decimaudi, Is when Lands, Tenements,
or fome annual certain Sum, or other Profit, hath
been given Time out of Mind to a Parfon and his
Succeffors, in full Satisfaction and Discharge of all
Tithes in Kind, in fuch a Place. 2 Co. Rep. 47. And
it may be paid in Cities and Towns, as in London,
for Houfes, in lieu of the Tithe of the Lands on
which the Houfes were built: And there may be a
Modus Decimandi for perfonal Tithes. 2 Inft. 657, 659.
Mittendo manufcriptum pedis finis, Was a A Modus ought to be for the Benefit and Advantage
Writ judicial directed to the Treaſurer and Cham- of the Parfon; and is fuppofed to be of the full
berlains of the Exchequer, to fearch for and tranfmit Value of the Tithes, at the Time of the original
the Foot of a Fine, acknowledged before Juftices in Compofition; and if it doth not now come up to that
Eyre, into the Common Pleas, &c. Reg. Orig. 14. Value, it ſhall be intended that the Tithes are im-
Mittimus, Is a Writ for removing and transfer-proved, or that Money is become of lefs Value than.
ring of Records from one Court to another; as out it was at the Time of the Modus agreed on. 13 Rep.
of the King's Bench into the Exchequer, and fome 52. Hob. 40. But one Tithe must not be paid in
times by Certiorari into the Chancery, and from thence Confideration of another; it is to be fomething diffe-
into another Court: But the Lord Chancellor may rent from the Thing that is due, where the Tithes
deliver fuch Record with his own Hand. Stat. 5 R. are due of common Right, and not by Cuftom on-
2. c. 15. 28 & 29 H. S. Dyer 29, 32. Mittimus isly; and it must be fomething as certain and dura-
alfo a Precept in Writing, under the Hand and Seal ble as the Tithe: All which are neceffary to make
of a Juftice of Peace directed to the Gaoler, for a good Prefcription. 1 Roll. Abr. 650. 1 Cro. 276, 446,
the Receiving and fafe Keeping of an Offender,
until he is delivered by Law. 2 Inft. 590. One must
be committed by lawful Mittimus; or Breach of Pri-
fon will not be Felony, &c.
Mittre a large, is generally to fet or put at Li-
berty. Law Fr. Dist. And there is a Mittre le Eftate,
and de Droit, mentioned by Littleton; in Cafe of Re-
leafes of Lands by Jointenants, &c. which may
fometimes paſs a Fee, without Words of Inheritance.
1 Inft. 273, 274.
Mixed Tithes, Are thofe of Cheefe, Milk, and
of young Beasts, c. 2 Co. Inft. 649. Scc Tithes.
Mockadoes, Stuffs made in England, and other
Countries; mentioned in the Stat. 23 Eliz. cap. 9.
475 Hob. 40. A Modus arifes either by Compofition,
Cuftom or Prefcription; a Compofition is an Agree-
ment entered into by Deed, executed under Hand
and Scal, that fuch and fuch Lands fhall be dif
charged of Tithes, paying fome annual Payment,
or doing fomething for the Benefit and Advantage
of the Parfon, &c. which is a legal Exemption from
Payment of Tithes for ever, if made before the
Stat. 13 Eliz. c. 10. Cuftom is what gives a Right
to a whole County, City, Town or Parish, and muft
be common to all within the Limits where it is aver-
red to be; and Prefcription is that which gives a
Right to fome particular Perfon, with refpect
to fome particular Houfe, Farm, &c. And the
Moderata Mifericordia, A Writ that lies for him Ecclefiaftical Laws allow forty Years to make a
who is amerced in a Court- Baron, or other Court good Cuftom and Prefeription; but by the Common
not of Record, for any Tranfgreffion, beyond the Law, it must be beyond the Memory of Man. 1
Quality or Quantity of the Offence: It is directed Roll. Abr. 653. Count. Parf. Compan. 159. A Layman,
to the Lord of the Court or his Bailiff, command- Lord of a Manor, may prefcribe De modo Decimandi,
ing them to take a moderate Amerciament of the Par- for himſelf and Tenants; alfo a private Perfon, for
ty, and is founded upon Magna Charta. If a Man be his own Lands, or Part thereof, &c. Though in
amerced in a Court-Baron, cn Prefentment by the Cafes of Preſcription, 'tis only to be difcharged of
Jury, where he did not any Trefpafs, he shall not a particular Sort of Tithes; for a Preſcription De
have this Writ, unless the Amerciament be excefnon Decimando generally, would undo the Clergy,
five and outragious: And if the Steward of the
Court of his own Head, will amerce any Tenant
or other Perſon without Caufe, the Party ought not
to fue for his Writ of Moderata Mifericordia, if he be
diftrained for that Amerciameut; but he fhall have
Action of Treſpaſs. New Nat. Br. 167. When the
Amerciament which is fet on a Perſon is affecred by
his Peers, this Writ of Moderata Mifericordia doth
•
and therefore it is not good where there is not fuffi-
cient left for their Maintenance; as it may be
where there is a competent Livelihood for the Par-
fon. 2 Rep. 47. 1 Cro. 7S4. 1 Roll. Abr. 653. A Layman
cannot prefcribe by the Common Law De non Lei-
mando; but he may be diſcharged of Tithes for
Lands in his own Hands, by Grant from Parſon,
Patron and Ordinary. 2 Rep. 44. A Parish, &c.
6 N
may
ΜΟ
>
Mo
Y
*
may not preſcribe de non Decimando, though it may nomination or extrinſick Value, given by the King,
prefcribe De modo Decimandi. 1 Roll: Abr. 653. But by Virtue of his Prerogative; and the King's Stamp
Tithes due by Cuftom only, are not within the Rule thereon, I Hale's Hift. P. C. 188. It belongs to the
against Prefcription in non Decimando by Laymen; King only to put a Value, as well as the Impreffion
for by the like Cuftom Perfons may be difcharged on Money; which being done, the Money is current
2 Inft. 575.
from the Payment of fuch Tithes. Wood's Inft. 179. for fo much as the King hath limited.
And fpiritual Perfons and Corporations may pre- Any Piece of Money coined is of Value as it bears
ſcribe De non Decinando, to be diſcharged abfolutely a Proportion other current Money, and that with-
of Tithes, and pay nothing in lieu thereof; fo alfo out Proclamation: And though there is no Act of
may their Tenants. 2 Rep. 44. 1 Rol. Abr. 653, 654. Parliament, or Order of State for Guineas, as they
1 Cro. 512. A Parfon may fue in the Spiritual Court are taken; yet being coined at the Mint, and ha
for a Modus Decimandi, or Rate Tithe; but if the ving the King's Infignia on them, they are lawful
Modus is denied, or a Cuftom is to be tried, it must Money, and current at the Value they were coined
2 Salk. 446. But it has
be tried in the Common Law Courts: And where a and uttered at the Mint.
Modus is pleaded in the Spiritual Court to a De- been obferved, that Guineas were originally coined
mand of Tithes in Kind, a Prohibition lies upon for 20 s. according to the twenty Shillings Pieces of
Suppofition that the Spiritual Court will not admit Money, and that legally, no more ought to be de-
Plea against Tithes. 2 & 3 Ed. 6. c. 13. Wood manded for them: Alfo that in legal Proceedings,
178. Where Land is converted to other Ufes, as they should be mentioned as pecias Auri, vocat. Gui
Hay Ground to Tillage, &c. or the Thing is altered neas, valoris, &c. 5 Mod. Rep. 7. If an Action is
or destroyed; as when a Fulling Mill is made a brought for Damages, the Value of Guineas
Corn-Mill, or a Corn-Mill is come to Ruin, &c. a given in Evidence to the Jury: But if the Action
Modus made on good Confideration may be difchar- be for fo many Guineas, the Value ought to be fet
ged, and then Tithes fhall be paid in Kind. 1 Danv. forth in the Declaration, to afcertain the Debt.
Abr. 607, 60S, So by Nonpayment of the Confidera- Carthew 255. Gold and Silver Coin, &c. is not to
tion; or by Payment of Tithes in Kind, for fo long be exported without Licence, on Pain of Forfeiture.
Time, that the Prescription for a Modus Decimandi Stat. 9 Ed. 3. cap. 1. And Money of Silver melted
cannot be proved: Tho'a fhort Interruption 'tis faid down, is to be forfeited, and double Value. 13 &
ſhall not deſtroy it. I Roll. 932. Hob. 43. A Pay- 14 Car. 2. c. 31
A Pay- 14 Car. 2. c. 31. But by old Statutes, foreign Mo-
ment of different Sums, is Evidence that there isney may be inclted down; and no Money fhall be
current but the King's own, &c. 27 Ed. 3. cap. 14.
17 R. 2. c. 1. See Coin and Exchange.
of
any
no Modus.
Moiety, (Medietas, Fr. Moitie, i. c. coaqua vel
Media pars) Is the Half of any Thing; and to hold
by Moieties, is mentioned in our Books, in Cafe of
Jointenants, &c. Litt. 125.
Molendinum, A Mill of divers Kinds. See Mill.
Molendum, Significs Corn fent to a Mill, a Grift.
Chart. Abbat. de Rading, MS. fol. 116.
Molitura, Was commonly taken for the Toll or
Moulture paid for grinding Corn at a Mill, and
fometimes called Molta, Fr. Moulta. Molitura libera,
free Grinding or Liberty of a Mill, without paying
Toll; a Privilege which the Lord generally reſerved
to his own Family, Salva mihi & hæredibus meis
Molitura libera, familia noftra quieta in dicto Molendino.
Paroch. Antiq. 236.
Molman, A Man fubject to do Service; applied
to the Servants of à Monaftery. Prior. Lewes, p. 21.
Spelm. Gloff.
Monafterits and Abbeys, &c. diffolved by K. H.
See 27 H. 8. c. 28. and bbot.
may
be
Money, lending it abroad. The King by Procla
mation may at any Time prohibit all his Subjects,
not exceeding one Year, to lend or advance Money
to any foreign Prince or State, without Licence
under the Great or Privy Seal; and if any Perfon
knowingly offend in the Premiffes, he fhall forfeit
treble the Value of the Money lent, &c. two Thirds
to the King, and the other to the Informer: But
Perfons may deal in foreign Stocks, or be intereſted
in any Bank abroad, eſtabliſhed before iffuing his
Majesty's Proclamation. Stat. 3 Geo. 2. c. 5.
Money in Court, In Law Proceedings, Money
demanded is oftentimes brought into the Court,
either by a Rule of Court, or by pleading a Profert
in Curiam of the Money; and then if the Money is
not paid into Court, the Plea will not be received.
The Money must be brought into Court, upon the
Molmutian, or Molmutin Laws. Thefe were Plea of a Tender: And the Defendant may at any
the Laws of Dunwallo Melmutius, fixteenth King Time, pending an Action on Bond with a Penalty,
of the Britains, who begun his Reign above four bring the Money and Cofts into Court, and it ſhall
hundred Years before the Birth of our Saviour, and be a good Satisfaction and Difcharge, by Stat. 4 &
they were famous in this Land till the Time of Wil-5 Ann. c. 16. If a Defendant pay Money, or Part,
liam the ift, called the Conqueror. This King was into Court, and it is ftruck out of the Declaration,
the first who publiſhed Laws in Britain; and his though the Plaintiff is Nonfuit, he fhall take the
Laws, with thofe of Queen Mercia, were trrnflated Money out of Court, for by paying into Court, the
by Gildas out of the British into the Latin Tongue. Defendant admitted that fo much was due; but if
Usher's Primord. 126.
the Defendant brings Money into Court upon a Ten-
8.der and uncore prift, and the Plaintiff takes Iffue up-
on the Tender, and it is found against him, then
the Defendant fhall have the Money out of Court. 2
Salk. 597. Money may be brought into Court upon
an Action of Debt for Rent: In Replevin, when
the Defendant avows for fo much Rent arrear, the
Plaintiff hath been admitted to bring it into Court:
And in Covenant, &c. where a Breach is affigned
for Non-payment of Rent, the Defendant may
bring the Money due into Court. Ibid. In a Quan-
tum Meruit it hath been denied; though it was
Money, (Moneta) Is that Metal, be it Gold or granted in fuch Cafe. Pafch. 5 Ann. And it is faid,
Silver, that receives Authority by the Prince's Im- where an Action is brought by an Executor or Ad-
prefs to be current; for as Wax is not a Seal with-miniftrator, the Defendant cannot bring the Money
out a Print, fo Metal is not Money without Impref
fion. Co. Lit. 207. Money is faid to be the common
Meaſure of all Commerce, through the World, and
confifts principally of three Parts; the Material
whereof it is made, being Silver or Gold; the De-
Monetagium, Signified a certain Tribute paid by
Tenants to their Lord every third Year, that he
ſhould not change the Money which he had coined,
formerly when it was lawful for great Men to coin
Money current in their Territories; but not of
Silver and Gold: It was abrogated by the Stat.
Hen. 1. c. 2. The Word Monetagium is likewife ufed
for a Mintage, and the Right of coining or minting
Money: Jus & Artificium cudendi Monetas.
İ
into Court. 2 Salk. 596.
Moncyers, (Monetarii) Are taken for Bankers or
thofe that make it their Trade and Buſineſs to turn
and return Money; alfo Officers of the Mint, men-
tioned in the Stat. 1 Ed. 6. c. 15.
Monger,
I
:
:
་
1
เ
MO
Monger, A little Sea Veffel which Fishermen ufc.
Star 13 Eliz. c. II. And when a Word ends with
Monger, as Ironmonger, &c. it fignifies Merchant,
from the Sax. Manger, i. e. Mercator.
MO
•
powder, cafting Ordnance, &c. 21 Fac. 1. c. 3. As
to Invenors of New Manufactures, &c. it has been
adjudged on this Statute, that a Manufacture muft
be fubftantially New, and not barely an additional
Monk, ( Monachus) From the Gr. Móvos, folus, Improvement of any old one, to be within the Sta-
qu. foli, i. e. Separati ab aliorum confortio vivant, be- tute; it must be fuch as none other ufed at the
caufe the first Monks lived alone in the Wilderness. Granting the Letters Patent; and no old Manufac-
They were after divided into three Ranks; Cano-ture in Ufe before, can be prohibited in any Grant
bitarum, i.c. à Society living in common in a Mo- of the fole Ufe of any fuch new Invention. 3 Inft.
naftery, &c. under the Government of a fingle Per-184. Yet a Grant of a Monopoly may be to the first
fon; and theſe were under certain Rules, and af-
terwards called Regulars, Anachoreta or Eremite, thofe
Monks who lived in the Wilderness on Bread and
Water. And Sarabaitæ, Monks living under no Rule,
that wandered in the World. St. Ferom tells us, that
of the Anachoreta Paulus fuit Auctor, Antonius illuftra-
tor, Fohannes Baptifta princeps.
Monkery, The Profeffion of a Monk, mentioned
in Whitlock's Readings upon the Stat. 21 H. 8. c. 13.
Monks Clothes, Made of a certain Kind of
coarte Cloth. Vide 20 H. 6.
•
Inventor, by the Stat. 21 Fac. notwithstanding the
fame Thing was practifed before beyond Sea; be-
caufe the Statute mentions new Manufactures with-
in the Reath, and intended to encourage new De-
vices uſeful here, and it is the fame Thing whether
acquired by Experience or Travel abroad, or by
Study at Home. 2 Salk. 447. It is faid, a new In-
vention to do as much Work in a Day by an Engine
as formerly uſed to employ many Hands, is contra-
ry to the Statute; by Reafon it is inconvenient, in
turning ſo many Men to Idleness. 3 Inst. 184.
Monster, One that hath not human Shape, and
yet is born in lawful Wedlock: And fuch may not
purchaſe or retain Lands; but a Perfon may be an
Heir to his Anceſtor's Land, though he have ſome
Deformity in any Part of his Body. Co. Lit. 7.
fert in Curia, if the other Party demands a Sight of
it, he cannot proceed till he hath fhewn it; and
when the Defendant hath had a Sight of it, if he
demands a Copy of the fame, the Plaintiff may not
proceed until a Copy is delivered unto him. Stat.
4 4 Ann. c. 16. 2 Lill. Abr. 201, 202. Vide Pro-
fert in Curia.
Monopoly, (From Móvos, unus & TwXw vendo)
Is an Allowance of the King by his Grant, Com-
miffion or otherwife, to any Perfon or Perfons, for
the fole Buying, Selling, Making, Working or
Ufing of any Thing, by which other Perfons are
reſtrained of any Freedom or Liberty that they had Monftrans de Droit, Is a Shewing of Right,
before, or hindered in their lawful Trade. 3 Inft. 181. and fignifies a Writ out of the Chancery to be re-
It is defined to be where the Power of Selling any ftored to Lands and Tenements that are a Man's in
Thing is in one Man alone; or when one fhall in- Right, though by fome Office found to be in the
grofs and ger into his Hands fuch a Merchandize, Poffeffion of one lately dead; by which Office the
c. as none may fell or gain by them but himself. King would be entitled to the faid Lands, &c. It
11 Rep. 86. And a Monopoly hath three Incidents is given by the Stat. 34 Ed. 3. c. 14. and
36 Ed.
3.
mifchievous to the Publick: 1. The Raifing of the 13. Staundf. Prerog. c. 21. 4 Co. Rep. 54.
Price. 2. The Commodity will not be fo good. 3. Monftrans de faits, Shewing or Producing of the
The Impoverishing of poor Artificers. Ibid. All Deeds in open Court, when an Action is brought
Monopolies are against the antient and fundamental upon any Deed; and the Difference between Mon-
Laws of the Realm: A By-Law, which makes a ftrans de fait and Oyer de faits, is this: He that pleads
Monopoly, is void; and fo is a Prefeription for a Sole any Deed or Record, or declares upon it, ought to
Trade to any one Perfon or Perfons, exclufive of fhew the fame; and the other, against whom fuch
all others. Moor 591, Monopolies by the Common Deed or Record is pleaded, may demand Oyer
Law are void, as being against the Freedom of thereof. Where a Man pleads a Deed, which is
Trade, and difcouraging Labour and Industry; the Subftance of his Plea or Declaration, if he doth
and putting it in the Power of particular Perfons not plead it with a Profert in Curia, his Plea or De-
to let what Prices they pleafe on a Commodity. I claration is naught upon a fpecial Demurrer, fhew-
Hawk. P. C. 231. Upon this Ground it hath beening it for Cauf And if he doth plead it with a Pro-
held, that the King's Grant to any Corporation of
the fole Importation of any Merchandize, is void.
2 Roll. Abr. 214. 3 Inft. 182. The Grant of the fole
Making, Importing and Selling of Playing Cards,
was adjudged void. 11 Rep. 84. Moor 671. And the
King's Grant of the fole Making and Writing of
Bills, Pleas, and Writs in a Court of Law, to any
particular Perfon, hath been refolved to be void. Monstraverunt, Is a Writ that lies for Tenants
1 Jones 231. 3 Mod. 75. The King may grant to in Antient Demefne, who hold Land by free Charter,
particular Perfons the fole Printing of the Holy when they are diftrained to do unto their Lords o
Scriptures, and Law Books. 1 Hawk. 231. All Mat- ther Services and Cuſtoms than they or their An-
ters of this Nature ought to be tried by the Com- ceftors uſed to do: Alfo it licth where fuch Tc-
mon Law, and not at the Council-Table, or any nants are diftrained for the Payment of Toll, &c
other Court of that Kind; and the Making ufe of contrary to their Liberty, which they do or fhould
or procuring any unlawful Monopoly, is punishable enjoy. F. N. B. 14. 4 Inft. 269. This Writ is di
by Fine and Imprifonment at Common Law. 3 Inft. rected to the Sheriff to charge the Lord that he do
181, 182. By Statute, all Monopolies, Grants, Let-not diftrain them for fuch unufual Services,
ters Patent and Licences, for the fole buying, Sel-
ling and Making of Goods and Manufactures, are
declared void, except in fome particular Cafes;
and Perfons grieved by putting them in ufe, fhall
recover treble Damages and double Cofts, by Action
on the Statute; and delaying fuch Action, before
Judgment, by Colour of any Order, Warrant, &c. or
delaying Execution after, incurs a Pramunire: But
this does not extend to any Grant or Privilege grant-
ed by Act of Parliament; nor to any Grant or Char-
ter to Corporations or Cities, &c. Grants to Com-
panies or Societies of Merchants, for Enlargment
of Trade; or to Inventors of New Manufactures,
who have Patents for the Term of fourteen Years;
Grants or Privileges for Printing; or making Gun-
c.
And if the Lord nevertheless diftrains his Tenants for
other Services than of Right they ought to do, the
Sheriff may command the Neighbours who dwell
next the Manor, or take the Power of the County,
to refift the Lord, c. And the Tenants in fuch
Cafe may likewife fue an Attachment againſt their
Lord, returnable in C. B. or B. R. to answer the
Contempt and recover Damages. New Nat. Br. 32.
But the Lord fhall not be put to answer the Writ of
Attachment fued against him upon the Menfrave-
runt, before the Court is certified by the Treaſurer
and Chamberlains of the Exchequer, from the Book
of Domesday, whether the Manor be Ancient De-
mefne; fo that it is requifite that the Plaintiff in
the Monftraverunt do fue forth a fpecial Writ for the
cer-
MO
MO
Q
certifying of the fame. Ibid. 35. The Writ of Mon-
ftraverunt may be fued for many of the Tenants, with-
out naming any of them by their proper Names,
but generally Monftraverunt nobis homines de, &c. But
in the Attachment against the Lord, the Tenants
ought to be named; tho' one Tenant may fue it in
his own Name, and the Name of the other Tenants
by general Words, Et Homines, &c. 2 H. 6. 26. See
Ne injufte Vexes.
Marshland. Mon. Ang. Tom. 2. pag. 50. 1 Inft. 5. By
Fleta, it is ufed for Heath. Fleta, lib. 2. cap. 71.
Moza muffa, A watery or boggy Moor; and fuch
in Lancashire they call Moffes; Moraffa is ufed in the
fame Senfe. Mon. Ang. Tom. 2. pag. 306.
. Mozatur in Lege, Is the fame with Demoratur,
and lignifics as much as he demurs; becauſe the Par-
ty goes not forward in pleading, but refts or abides
upon the Judgment of the Court in a certain Point,
as to the Sufficiency in Law of the Declaration or
Plea of the adverſe Party, who deliberate and take
Time to argue and advife thereupon, and then de
termine it. Co. Lit. 71. See Demurrer.
A
Moziam, (Fr. Morion, Ital. Morione, i. e. Caſſis).
A Head-piece, now called a Pot. Stat. 4 & 5 P.&
M. c. 2.
Mozina, The Wool of Sheep dead with the
Lana per fe vendatur cum pellibus, Mo-
Murrain
Monftrum, Is fometimes taken for the Box in
which Relics are kept: Item unum Monftrum cum
Offibus S. Petri, &c. Mon. Ang. Tom. 3. pag. 173.
Mouth, or Moneth, Sax. Monath, Menfis à
Menfione, Luna curfus) Significs the Time the Sun Mozetum, A Sort of brown Cloth, with which
goes through one Sign of the Zodiac, and the Caps were formerly made. Mat. Parif. Anno 1258.
Moon through all twelve; properly the Time Morgangina, (From the Sax. Morgen, i. e. Aurora,
from the New Moon to its Change, or the Courfe and Gifan or Givan, dare) Is that Gift which the
or Period of the Moon, whence 'tis called Month Husband prefents to his Wife on the Wedding-day,
from the Moon. Litt. Dia. A Month is a Space of which we now call Dowry Money, and was ufually a-
Time containing by the Week twenty-eight Days; mong the Lombards the fourth Part of his perfonal
by the Kalendar fometimes thirty, and fometimes Eftate. It fignifies literally Donum Matutinale; and
thirty-one Days: And Julius Cafar divided the in fome Books it is writ Morganegiba; in others Mor
Year into twelve Months, each Month into four gangiva, Morgagifa. Leg. Hen. 1. c. 70. Leg. Canut.
Weeks, and cach Week, into feven Days. The c. 99.
Month by the Common Law is but twenty-eight
Days; and in Cafe of a Condition for Rent,
the Month fhall be computed at twenty-eight
Days; fo in the Cafe of Inrollments of Deeds, and
generally in all Cafes where a Statute fpeaks of
Months: But when the Statute accounteth by the
Year, Half-Year, or Quarter of a Year, then it is
to be reckoned according to the Kalendar. 1 Inft.
135. 6 Rep. 62. Cro. Fac. 167. A Twelvemonth, in the
fingular Number, includes the whole Year, accor-
ding to the Kalendar: Bur twelve Months, fix
Months, &c. in the plural Mumber, fhall be accoun-
ted after twenty-eight Days to every Month; except
in Cafe of Preſentations to Benefices to avoid Lapfe,
which ſhall be in fix Kalendar Months. 6 Rep.
61. Cro. Fac. 141. And if an Agreement is to pay
50 s. for the Interest of 100 l. at the End of fix
Months, it is faid the Computation must be by Ka-
-Tenet duas acras terræ, &c. ad inveniendum unum
lendar Months; becauſe if it was by Lunar Months
the Interell would exceed the Rate allowed by the Mortarium ardentem in Ecclefia de Chepin. Farindon.
Statute. Wood's Inft. 433. Though in common Cafes Confuetud. Dom. de Farendon, MS. fol. 48.
of Loans and Forbearance of Money, the Months Most dancestor, A Writ now feldom used, men-
according to fome fhall be reckoned, at twenty-tioned in the Statutes 53 H. 3. & 6 Ed. 1. See Affife
eight Days, and according to others by the Kalen-of Mort-danceftor.
dar. 1 Leon. 96.
C.
1
Monument. An Heir may bring an A&tion a-
gainit one that injures the Monument, &c. of his
Anceftor: And the Coffin and Shroud of a deceaſed
Perfon belong to the Executors or Adminiftrators;
but the dead Body belongeth to none. 3 Inft. 202,
rina mortuarum, Fleta, lib. 2. c. 79.
Morling, or Mortling, Signifies that Wool which
is taken from the Skin of dead Sheep, whether be-
ing killed or dying of the Rot. 4 Ed. 4. c. 2 & 3.
27 H. 6. c. 2. 3 Fac. 1. c. 18. 14 Car. 2. c. 88. Vide
Shorling.
✔
Mozolus, and Mozella. See Mora and Mora
muffa.
Mozfellum terræ, A fmall Parcel of Land. Et
unum Morfellum terræ, juxta horreum fuum. Chart.
11 Hen. 3.
Moztaríum, A Light or Taper fet in Churches
to burn over the Graves or Shrines of the Dead.
C.
Mortgage, (Mortgagium, vel Mortuum vadium,
from the Fr. Mort, i. e. Mors, and Gage, Pignus) Is
a Pawn of Lands or Tenements, &c. for Money
borrowed, to be the Creditor's for ever, if the
Money be not repaid on the Day agreed: And is
is called a Mortgage, becauſe it is a dead Pledge, un-
til the Money is paid; or for that if the Money it
Moors, In the Isle of Man, who fummon the not paid at the Day, the Land Moritur to the Debt-
Courts for the feveral Sheadings, are the Lord's Bai-or, and is forfeited to the Creditor. Lit. 332. It
liffs, called by that Name; and every Moor has the
like Office with our Bailiff of the Hundred. King's
Defcrip. Ifle of Man.
203.
Mont, (From the Sax. Motian, placitare, to treat
or handle) Is a Term well understood in the Inns of
Court, and fignifies that Exercifè or Arguing of
Cates which young Barrifters and Students perform
at certain Times, the better to enable them for
Pra&ice and Defence of Clients Caufes. The Place
where Moot-Cafes were argued, was antiently called
the Moot-Hall: And in the Inns of Court there is a
Bailiff of the Moot yearly chofen by the Benchers,
to appoint the Mootmen for the Inns of Chancery; and
keep Accounts of the Performances of Exerciſes,
both there and in the Houfe. Orig. Furidical. 212.
Mootmen, Are thofe that argue the Readers
Cafes, called Moot-Cafes, in the Inns of Chancery, in
Term Time, and in Vacations. 3 Rep.
Mora, A Mour, or barren and unprofitable
Grouad, derived from the Sax. Mor, fignifying alfo
I
is ufually made by Leafe for a long Term of Years,
Leafe and Releafe, Affigmnent, &c. And the Cre-
ditor holding the Land upon this Agreement, is in
the mean Time called Tenant in Mortgage, and
holdeth the Eftate upon the Condition in the Deed:
But generally till Failure is made of Payment, the
Mortgagor holds the Land; and if Failure be made,
and the Mortgagee doth enter into the Lands, the
Mortgagor hath an Equity of Redemption in the Court
of Chancery, and may call the Mortgagee to an Ac-
count for the Profits, c. Litt. 332. 1 Inft. 205. In
a Mortgage is contained a Provifs, that if the Money
be paid at the Day, the Deed fhall be void: And
on the Mortgagor's paying the Intereft of the Money,
Mortgages are continued a long Time without diſtur-
bing the Poffeffion or Parties. Law Securit. 103. A
Feoffment in Fee, or a Leafe for Life or Years, &c.
may be made with a Provifo or Condition, that if
the Feoffor or Grantor, or their Heirs or Executors,
pay the Feoffee or Grantce, &c. fuch Sum of
་
Money
1
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Money at a certain Day, then the Feoffor, &c. may tors are named, it may be paid to either. A Man
re-enter; and this hath been a common Condition mortgaged Lands for Payment of fuch a Sum to the
in a Mortgage, or of Eltates upon Condition in a Mortgagee, his Heirs, Executors or Affigns; the
Deed: In the former Cafe of Mortgages, the Mort- Mortgagee died, and made the Heir within Age his
gagor keeps Poffeffion till Failure; but here the Executor, and the Mortgagor paid the Money at the
Mortgagee has the Poffeffion prefently, and till Pay- Day to the Heir; it was held, that the Heir had
ment. Lit. 332, 333. But as by theſe ancient Kind not the Money as Heir, but that it ſhould be Affets
of Mortgages, if the Money were not paid on the in his Hands as Executor. 3 Leon. 59. But it hath
Day, the Eftate became abfolute, and was fubject to been adjudged, that upon a Mortgage of Land in
the Dower of the Wife of the Feoffee, as alſo all Fee, with Condition to pay to the Heirs or Affigns
other his real Charges and Incumbrances, &c. on of the Mortgagee, the Heirs and not the Executors
this Account the Courts of Equity have maintained fhall have the Money. Chanc. Rep. 88. When the
the Right of Redemption, against all Perfons that Heir of the Mortgagee is to reconvey the Eftate mort-
come in under the Feoffee; because the Payment gaged, and there is no Defect of Affets in the Hands
of the Money does put the Feoffor in his former of the Executors, the Mortgage Money fhall be paid
State, and fince the Lands were only a Pledge for to the Heir, if the Condition was to pay it to him;
the Money. 1 Inft. 221. Cro. Car. 190. A Mortgagee or if it was to pay it to the Mortgagee, his Heirs or
is anſwerable in Chancery, when he comes into Affigns, or to his Heirs or Executors: But it is o
Poffeffion of the Land, for all the Profits he made therwife if it was to be paid to the Executors only.
thereof, and not for what he might have made; un- Chanc. Rep. 83. 3 Salk. 241. Mortgages have been
lefs there were Fraud: No Allowance fhall be given looked upon as Part of the Perfonal Eftate, except
to the Mortgagee for his Pains and Trouble, who ma- a Mortgagee in Fee otherwife declare the fame.
nages the Eltate himself; but if he employs a skil- Chanc. Rep. 286. The Perfonal Eſtate of the Mort-
ful Perfon, and gives him fo much a Year, that muft gegor ſhall alſo in Favour of the Heir, be applied to
be allowed, for no Perfon is bound to be his own difcharge the Mortgage; if there be perfonal Affets to
Bailiff. Toth. 133. 1 Vern. 316, 476. Where a Man pay all Legacies. 2 Salk. 450. And though fuch
makes a Mortgage for Years to another, he may perfonal Eftate be Devifed away by Will among Re-
without entering on the Premiffes, or the Mortgagor'slations, 'tis held to be the fame, becauſe the Mort-
joining, affign the Mortgage; and the Mortgagor by gage Money is a Debt payable out of it. Preced. Canc
the Covenant to enjoy till Default of Payment, is 61. An Heir of a Mortgagor, received Money for a
but Tenant at Will to the Mortgagee. 1 Salk. 246. Releaſe of the Equity of Redemption; it was held
Though if one who is Mortgagee in Poffeffion, af to be no Affets in Law, to fatisfy a
figns over his Mortgage, without the Affent of the knowledged by the Mortgagor, after the Mortgage
Judgment ac-
Mortgagor, he fhall Answer the Profit of the Land, and before the Releaſe, for it is but a bare Right:
before and after Affignment, though it be affigned And the Releafe not being by Fraud, therefore it
only for his own Debt; he being under a Truft for was not Affets in Equity. 3 Keb. 307. It has been
that Purpofc. 3 Chan. Caf. 3. An old Mortgage affign- decreed, that where a Mortgagee lends more Money
ed to another, ought to be taken as a new Mortgage upon Bond to the Mortgagor, he fhall not redeem,
from the Time of the Affignment; And as a Mort- unless he pay the Money due on the Bond as well
gagee, where the Mortgage is forfeited, fhall have In-as on the Mortgage: Though if he mortgage the Equi-
tereft for his Intereft; ſo ſhall an Affignee for all In-ty of Redemption to another, the fecond Mortgagee
terest due from the Time the Mortgage was affigned. fhall not be affected by this Bond, becauſe 'tis but a
1 Chanc. Rep. 218, 258. For where a Mortgagor affigns
the Mortgage, all Money paid by the Affignee, if
due at that Time, fhall be accounted Principal as
to the Mortgagor, whenever he comes to redeem.
Ibid. 68. But an Agreement made at the Time of
a Mortgage, will not make future Intereft Principal,
before any Intereft is grown due; the Intereft muft
be firft due before an Agreement concerning it
may make the fame Principal. 2 Salk. 449.
Man mortgage his Land, upon Condition that if the
Mortgagor and F. S. pay twenty Pounds fuch a Day
to the Mortgagee, that then he shall re-enter, &c.
and the Mortgagor die before the Day; in this Cafe
7. S. alone may pay the Money: But it is other
wife fo long as the Mortgagor lives, for during that
Time 7. S. may not tender the Money without him;
if he do, it will be no Peformance of the Condition.
Co. Litt. 219. Not only the Mortgagor, but his Heir,
being interested in the Condition, may pay the
Mortgage Money to prevent the Forfeiture; and fo
may the Executors or Adminiftrators of the Mort-
gagor: Though if no Time be limited for Payment
of the Money, and the Mortgagor having Time du
ring Life to pay it do not pay the fame; his Heirs
or Executors, &c. fhall not in fuch Cafe be received
to pay the Money after his Death. 1 Inft. 206. Ex-
ecutors of the Mortgagee fhall have Money due on
Mortgages, where a Mortgagee in Fee dies before
the Day of Payment, unless the Heir be particular-
ly named: And where the Heir is named, if the
Day of Payment be paft, it is as much as if no
Perfor. had been appointed, and then the Law ap-
points it to the Executor; as the Money first came
out of the Perfonal Eftate, and the Executor more
repreſents the Teftator than the Heir. 1. Inft 210.
2 Ventr. 348. Chanc. Rep. 284. If Heirs and Execu-
•
perfonal Charge upon the Mortgagor. 3 Salk. 240.
See Preced Chanc. 407. In Equity it is allowed,
that if Lands are thrice mortgaged, the third Mort
gagee may buy in the first Incumbrance to prote&
his own Mortgage; and he fhall hold againſt the fe-
cond Mortgagee, if fuch fecond Mortgagee do not fa-
tisfy him the Money he paid on the firſt, and alſo
his own Money which he lent on the laft Mortgage.
If a 2 Ventr. 338. And a Purchafer upon valuable Con-
fideration, purchafing a precedent Incumbrance,
fhall protect his Eftate against any Perfon that hath
a Mortgage fubfequent, c. A Mortgagee without
Notice of a former Incumbrance, buys in an In-
cumbrance precedent to that Incumbrance, which
precedes his Mortgage; he fhall not be impeached in
Equity, but upon Payment of all that is due to him
on both Eftates. Chanc. Rep. 149. 2 Lill: Libr. 206.
If a Mortgagor retaining the Poffeffion levies a Fine
to another Mortgagee, this fhall not bar the firſt
Mortgagee. 1 Lev. 272. But in a late Cafe, a ſecond
Mortgage, with the Title Deeds may be paid in E-
quity before a first Mortgage without the Deeds. In
Cafe a firft Mortgagee be a Witness to a fecond Mort-
gage of the Land, though there is no Proof of
his knowing the Contents thereof, yet as the Pre-
fumption is that he might be acquainted with it, this
fhall give a Preference to the ſecond Mortgage. v P.
Williams 394. And if a Perfon being about to lend
Money on Mortgage, inquires of a prior Mortgagee,
whether he has any Incumbrance on the Estate, and
he does not own the fame, it fhall poftpone him. 2
Vern. 554. By Stat. 4 & 5 W. & M. c. 16. where
Mortgagors make fecond Mortgages, and do not difco-
ver the firft, the fecond Mortgagee may redeem, &c.
A Jointreís of mortgaged Lands was decreed to pay
the Mortgage Money for Redemption, and hold o-
60
ver,
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ver, till the and her Executors should be paid with every Part and Parcel thereof, with the Appurtenances, un-
Intereft. Chanc. Rep. 27. And where a Deviſe of Land to the faid C. D. his Executors, Adminiſtrators and Af-
mortgaged, was to one for Life, and Remainder to figns, for and during the Term of five hundred Years next
another in Fee; it was adjudged, That Tenant for and immediately exfuing and following, and fully to be
Life ſhould pay one third, and he in Remainder compleat and ended; Yielding and paying therefore
two thirds, to Redeem. Ibid. But is otherwiſe yearly during the faid Term, one Pepper-Corn in and upon
Preced. Canc. 44. The Interest in Lands mortgaged the Feast of St. Michael the Archangel, if demanded,
is in Law in the Mortgagee before Forfeiture; he Provided always and upon Condition, that if the faid
hath purchaſed the Land as it were upon valuable A. B. his Heirs or Affigns, do or shall well and truly
Confideration, as the Law will intend: And though pay or caufe to be paid unto the faid C. D. his Executors,
the Mortgagor may redeem, yet it is not certainly Administrators or Affigns, the full Sum of, &c. in and up-
known whether he will or no; and if he do not, on the Day &c. next coming, (or which will be in the
the Estate is abfolure in the Mortgagee. A Mortgagee Year, &c.) without any Deduction or Abatement for
is eſteemed in Poffeffion on executing the Mortgage; Taxes, Affements, or any other Impofitions whatsoever,
and if the Mortgage Moncy be not paid, whereby either ordinary or extraordinary, that then and from thence
the Land is forfeited, he may bring Ejectment with-forth thefe Prefents and every Thing herein contained, fhall
out actual Entry; bar where a Condition is to be ceafe, determine and be void; any Thing herein contained
defeated, it must be by a&tual Entry. 2 Lill. Abr. to the contrary notwithstanding. And the faid A. B. for
203. After twenty Years, (the Time of Entry libimfelf, bis Heirs and Affigns, doth covenant and grant
mited by Stat. 21 Jac. 1.) when no Demand has to and with the faid C. D. his Executors, Adminiftrators
been made of the Money, or Intereft paid, &c. and Alſigns, that he the faid A. B. bis Heirs or Affigas,
Mortgages are not relievable in Chancery, unless there fhall and will well and truly pay or caufe to be paid unto
be extraordinary Circumftances to induce it, as in the faid C. D. his Executors, Adminiftrators or Aligns, the
Cafe of Feme. Coverts, Infants, &c. 2 Vent. 40. faid full Sum of, &c. in and upon the faid, &c. without a
It has been however held, that Mortgages of Lands ny Deduction as aforefaid, according to the true Intent and
are not within the & atute of Limitations; tho' that Meaning of thefe Prefents. And alſo that he the faid C. D.
A may be a proper Direction to go by: Indeed his Executors, Adminiftrators and Affigns, fhall and may at
fometimes Equity has allowed Length of Time to all Times, after Default fhall be made in Performance of
be pleaded in Bar; where the mortgaged Eftate has the Provifo or Condition herein contained, peaceably and qui-
defcended as a Fee, without Claim by the Mortga-etly
gor; and the Mortgagee would be intangled with a
long Account. 1 Chan. Caf. 102. Abr. Caf. Eq. 313.
Infants feifed of Eltates in Fee, in Mortgage, &c. may
make Conveyances of fuch Eftares, by Order of
the Court of Chancery. Stat. 7 Ann. c. 19. Vide Chan-
cery. By a late Act, where an Action of Ejectment
fhall be brought by a Mortgagee, for Recovery of
Poffeffion of mortgaged Lands, and no Suit is depend-
ing in any Court of Equity for foreclofing or re-
deeming fuch Lands; if the Perfon who harh Right
to redeem, fhall pending the Action pay to the
Mortgagee, or bring into Court, all the principal
Money and Intereft due, and the Cofts, it fhall be
a full Satisfaction and Difcharge of the Mortgage:
And the Mortgagee fhall reconvey the Land, and
deliver up all Deeds, &c. 7 Ges. 2. c. 20. And on a
Bill in Equity to compel the Mortgagor to pay the
Mortgage Money, or on Default to be foreclofed,
. the Court on the Defendant's Application, may
make any Order therein, before the Caufe is brought
to Hearing, &c. fo as the Right of Redemption be
not controverted. Ibid. Where a Mortgagor Cove
nants after Default to make further Affurance, for
the abfolue. fure making, &c. this Affurance to be
made muſt be abfolute, becauſe the Eftate is to be
fo: But it ſhall not, without fpecial Words, oblige
him to releaſe his Equity of Redemption; nor is
a Warranty to be inferred in fuch further Affurance
on the bare Covenant. Comber. 318. See Equity of
Redemption, and vide Fine.
TH
Form of a common Mortgage of Lands.
HIS Indenture made, &c. Between A. B. of,
&c. of the one Part, and C. D. of, &c. of the
other Part, Witneffeth, That the faid A. B. for and
in Confideration of the Sum of, &c. to him in Hand paid
Ly the faid C. D. the Receipt whereof he doth hereby confess
and a knowledge, he the faid A. B. hath granted, bar-
gained and fold, and by thefe Prefents doth grant, bar-
gain and fell unto the faid C. D. All that Meffuage or
Tenement, and all those Lands, &c. fituate, lying and
being in, &c. And also the Reverfion and Reverfions, Re-
mainder and Remainders, Rents and Services of the faid
Premiffes, and of every Part and Parcel thereof with the
Appurtenances; To have and to hold the faid Meffuage
or Tenement, Lands and Premiffes above-mentioned, and
2
:
enter into, bage, hold, o cupy, poffefs and enjoy all and
fingular the faid Meffage or Tenement, Lands and Pre-
miſſes abovementioned, and every Part and Parcel thereof,
with the Appurtenances, for and during the Refidue and
Remainder of the faid Term of five hundred Years here
by granted, which shall be then to come and unexpired,
without the Let, Trouble, Hinderance, Molefiation,
Interruption and Denial of him the faid A. B. bis Heirs
and Affigns, and of all and every other Perfon and Perfons
whatfoever, And further, that he the faid A. B. and
his Heirs, and all and every other Perfon and Perfons, and
his and their Heirs, any Thing having or claiming in the
faid Meffuage or Tenement and Premiffes abovementioned,
or any Part thereof, fhall and will at any Time or Times,
after Default fall be made in Performance of the Provifo
or Cond.tion herein contained, make, do and execute, or
cauſe or procure to be done, made and executed, all and
every fuch further and other lawful and reaſonable Grants,
Acts and Affurances in the Law whatsoever, for the
further, better and more perfect Granting and Alluring of
all and fingular the faid Premises above-mentioned, with
the Appurtenances unto the faid C. D. To hold to
him his Executors, Administrators and Affigns, for and
during all the Rest and Refidue of the faid Term of five
hundred Years above granted, which shall be then to come
and unexpired, as by the faid C. D. bis Executors, Admi
niftrators or Affigns, or his or their Courfel learned in the Law
fhall be reasonably devifed or adviſed and required. And
laftly, it is covenanted, granted, concluded and agreed
upon, by and between the faid Parties to thefe Prefents,
and the true Meaning hereof alfo is, and it is hereby fo
declared, that until Default shall be made in Performance
of the Provifo or Condition herein contained, be the faid
A. B. his Heirs and Affigns, jhall and may bold and en-
joy-all and fingular the faid Premiffes above mentioned,
and receive and take the Rents, Iffues and Profits thereof,
to bis and their own proper Uſe and Benefit; any Thing
herein contained to the contrary thereof notwithstanding.
In Witnefs, &c.
Mortgagor, Is he that mortgages or pawns the
Lands; and he to whom the Mortgage is made is
called the Mortgagee.
Moth, (Sax.) Signifies Murder, Morthlaga, a
Murderer or Manflayer.
Moztmaiu, (Manus Mortua, i. e. Dead Hand,
from the Fr. Mort, viz. Mors, and Main, Manus) is
where Lands and Tenements are given or aliened to
any Houfe of Religion or Corporation, fole or ag-
gregate,
MO
MO
1
gregate, Ecclefiaftical and Temporal, and theirtual Obits, or continual Service of a Prieft for ever,
Succeffors, c. which may not be done without Li- or for fixty Years, c. to the Prejudice of the King
cence from the King: And the Reaſon of the and other Lords, as in Cafe of Lands aliened in
Name proceeds from this, that the Services and o-Mortmain, fhall be void: Though this laft Statute
ther Profits due for fuch Lands, fhould not without extends not to Corporations, where there is a Cuſtom
fuch Licence come into Hands as it were dead, and to devife Lands in Mortmain; as in London, a Free-
be fo dedicated to pious Ufes as to be abstractedly man that pays Scot and Lot may deviſe all his Lands
different from other Lands, and never to revert to in the City in Mortmain, without Licence. 1 Roll.
the Donor, or any temporal or common Ufe. And Abr. 556. And notwithstanding this, or any of the
becauſe the Lords had nothing from the Aliences; aforesaid Statutes, any Man at this Day may
for by Alienation in Mortmain they loft their give Lands, Tenements, &c. to any Perfons and
Efcheats, and many Services which were heretofore their Heirs, for finding a Preacher, Maintenance
due to them, as Bodies Politick never die, nor of a School, Reparation of Churches, Relief of the
can perform perfonal Service, commit Treafon or Poor, &c. or for any like charitable Ufes: Tho' it
Felony, &c. This occafioned the Statutes of Mortis good Policy on every fuch Eftate to referve a
main, by Virtue whereof, the King or other Lord fmall Rent to the Feoffor and his Heirs, when the
of whom the Land is holden, may enter into Lands Feoffees fhall be feifed to their own Ufe, and not
fo alicned. 1 Inft. 2. 2 Inft. 75. The Foundation of to the Ufe of the Feoffor; or if a Confideration of
all the Statutes of Mortmain was Magna Charta. By a fmall Sum be expreffed, the 23 H. 8. cannot by
the 9 H. 3. c. 36. it is declared, that it fhall not be any Pretence make void the Ufe. 1 Rep. 24. 11 Rep.
lawful for any to give his Lands to any Religious 70. Wood's Inft. 303. By the Starute 39 Eliz. cap. 5
Houfe, and to take the fame Land again to hold the Gift of Lands, &c. to Hofpitals is permitted
of the fame Houfe, &c. upon Pain that the Gift without obtaining Licences of Mortmain. Owners of
fhall be void, and the Land fhall accrue to the Impropriations may annex them to the Parfonage or
Lord of the Fee. This Stature is interpreted to Vicarage where they lie, or fettle them in Truſt for
extend to Lands, which a Religious Houle kept in the Curates, where the Parfonage is impropriate,
their own Hands, though they gave them not back and no Vicarage endowed, without Licence of
again to hold of the fame Houfe. 2 Inft. 75. Bur Mortmain: And if the fettled Maintenance of any
Ecclefiaftical Perfons found Means to creep out of Benefice with Cure fhall not amount to 100l. per
the Statute, by purchafing Lands holden of them- Annum, the Incumbent may purchafe to him and
felves, or by making Leafes for a long Term of his Succeffors, &c. without Licence in Mortmain
Years, &c. wherefore by 7 Ed. 1. commonly called 17 Car. 2. c. 7. By ancient Statutes, the King's Li-
the Statute of Mortmain, or de Religiofis, no Perfons cence may be had for authorizing of Lands, and the
religious, or others whatfoever, fhall buy or fell any Writ of Ad quod Damnum is to iffue out of Chancery
Lands or Tenements, or under the Colour of any to inquire concerning the fame. 27 Ed. 1. Prelates,
Gift or Leaſe, or by Reafon of any other Title re- Clerks, &c. fhall not be impeached for purchafing
ceive the fame, or by any other Craft fhall appro- Lands in Mortmain, on producing the King's Char-
priate Lands in any wife to come into Mortmain, onter of Licence. 18 E. 3. And it is declared lawful
Pain of Forfeiture; and wi hin a Year after the for the King to grant to any Perfon, Body Politick
Alienation, the Lord of the Fee may enter; and if or Corporate, their Heirs and Succeffors, Licence to
he do not, then the next immediate Lord, from alien in Mortmain; and purchaſe and hold in Mort-
Time to Time may enter in Half a Year; and for main in Perpetuity, &c. without incurring any For-
Default of all the Lords entring, the King fhall ferture, by Stat. 7 8. W. 3. c. 37. A Grant of an
have the Lands fo alienated for ever, and may en-Advowfon in Fee, or an Appropriation of an Advow-
feoff others by certain Services, &c. As this Statute fon, hath been adjudged a Mortmain ; but an Appro-
extended only to Gifts, Alienations, &c. made be-priation of Tithes, which are Things meerly Spi-
tween Ecclefiafticks and others, they found out an ritual, or a Grant of an Annuity, that chargeth the
Evaſion alſo of this Statute; for pretending a Ti-Perfon only, cannot be Mortmain, to be forfeited.
tle to the Land, which they meant to gain, they 1 Inft. 2. 304. 2 Inft. 361. 5 Rep. 56. 9 Rep. 96.
brought a feigned Action against the Tenant of the A late Statute has ordained, that no Manors, Lands,
Land, and he by Confent and Collufion was to make. fhall be given, granted to, or fettled on any
Default, and thereupon they recovered the Land,
and entered by Judgment of Law: So that the Stat.
Weft. 2. 13 Ed. I. c. 32. was thought neceffary; by
which it is to be inquired by the Country whether
the Demandant had a juft Title to the Land; and
if ſo, then he ſhall recover Seifin; but if otherwife,
the Lord of the Fee fhall enter, &c. And by 34
Ed. 1. Lands fhall not be alienated in Mortmain,
where there are mean Lords, without their Confent
declared under Hand and Seal; nor fhall any Thing
paſs where the Donor referves nothing to himſelf.
Notwithſtanding all thefe Statutes, Ecclefiaftical
Perfons (not being able to get Lands by Purchaſe, Mortuary, (Mortuarium) Is defined to be a Gift
Gift, Leafe, or Recovery) procured Lands to be left by a Man at his Death to his Parish Church, in
conveyed by Feoffment, or in other Manner, to di- Recompence of perfonal Tithes omitted to be paid
vers Perfons and their Heirs, to the Ufe of them in his Life-time: Or it is that Beaft or other Cattle
and their Succeffors, whereby they took the Profits. moveable, which, after the Death of the Owner, by
2 Inft. 75. To bar this, the Stat. 15 R. 2. c. 5. was the Cuftom of fome Place is due to the Parfon, Vi-
made, which Statute ena&ts, that no Feoffment, &c. car, or Pricft of the Pariſh, in lieu of Tithes or
of any Lands and Tenements, Advowfons or other Offerings forgot, or not well and truly paid by him
Poffeffions, to the Ufe of any Spiritual Perfons, or that is dead. Terms de Ley 449. Mr. Selden tells us,
whereof they fhall take the Profits, fhall be made that the Ufage anciently was to bring the Mortuary
without Licence of the King, and of the Lords, &c. along with the Corpfe when it came to be buried,
upon Pain of Forfeiture. And by 23 H. S. c. 10. and to offer it to the Church as a Satisfaction for
against fuperftitious Ufes, Forfeitures, Fines, Re-the fuppofed Negligence and Omiffion the deceafed
coveries Grants, Devifes, &c. of Lands, in Truft had been guilty of in not paying his perfonal Tithes;
to the Ufe of any Parish Church, or to have perpe- and from thence it was called a Corfe prefent. Seld.
Perfons, Bodies Politick or Corporate, for any E-
ftare whatsoever, or charged in Truft for charitable
Ufes, unlefs done by Deed indented, and fealed at
leaft twelve Month before the Death of the Donor
or Grantor, and inrolled in Chancery within fix
Months after executed, &c. and except the fame be
to take Effect in Poffeffion immediately; and with-
out any Power of Revocation, &c. And if other-
wife made, fhall be void : But not to extend to Pur-
chafes for a valuable Confideration; nor to the two
Univerfities, or Colleges of Eaton, Winchester, &c.
Statute of Mortmain, 9 Geo. 2. c. 36.
Hift.
ΜΟ
MO
·
for the Welfare of Society it may. Exod.-22. S. P. C.
25. 1 Hawk. P. C. 89.
=
prefs them. Star, 4 Fac. I. c. I. 15 6 14 Car. 2. c.
22. 30 Cer. 2. c. 2. See 6 Geo. 2, c. 37.
Mote, (Meta, Sax, Genote, Curia) A Court or
Convention: As Mota de Hereford, i. e. Curia vel Pla-
cita Comitatus de Hereford. Hence Burgemote, Curia
vel Conventus Burgi, Swaingemote, Curia Miniftror.
Foreft, &c. Alio Mota was fometimes taken for a
Fortress; as Turris de London, & Mota de Windfor,
the Tower of London and Fortress of Windfor. Chart.
K. Stephen. It likewite fignifies a ftanding Water to
keep Fish; or a great Ditch encompaffing a Caftle
or Dwelling Houfe. Hac Indentura, &c. teftatur
quod prædict' Rogerus tradidit prefato Thoma tria Stagna
Folcmote.
Moteer, A cuftomary Service or Payment at the
Mote or Court of the Lord: From which fome Per-
fons were exempted by Charter of Privilege. Rot.
Chart. 5 Joh. m. 9.
Hift. Tithes 287. A Mortuary is not properly due to
an Ecclefiaftical Incumbent from any but thoſe
only of his own Parish, to whom he minifters fpiri- Mols-Troopers, A rebellious Sort of People in
tual Inftruction, and hath Right to their Tihes; the North of England, that lived by Robbery and
but by Cuſtom in fome Places they are paid to the Rapine, not unlike the Tories in England, the Bucka-
Incumbent of other Pariſhes, when the Corpfe of neers in Jamaica, or Banditti of Italy: The Counties
dead Bodies paſs through them: And the Bishops of Northumberland and Cumberland, were charged with
of Bangor, Lardoff, St. David's, &c. formerly had an yearly Sum, and a Command of Men to be ap
Mortuaries of Priefts, till, taken away by a late Sta-pointed by Juftices of Peace, to apprehend and fup
tute, 12 Ann. c. 6 In the Dioceſe of Chefler there
is faid to be a Coftom for the Bishop to have a
Mortuary on the Death of every Prieft dying within
the Archdeaconry of Clefter, of his beft Beaft, Sad-
dle and Bridle, and beft Gown or Cloak, Har, and
upper Garment under the Gown, &c. Cro. Car. 172.
Before the Stat. 21 H S. Mortuaries were payable in
Beaſts; the beſt to the Lord for a Heriot, the fecond
beſt for a Mortuary; nor was it only De meliori Ave-
rio, fed de meliori re: And Mortuarium (fays Lingwood)
fic dillum eft quia relinquitur Eclefia pro Anima Defuncti
It hath been held, that fuch a Right was vefted in
the Parfon to have the fecond beft Beaft for a Mor-
tuary, (where by Cuftom it was due) that he might unam Motam Pifcariam exiften. intra Manerium,
feife it wherever he could find it; but they are now c. Habend. &c. cum tota Pifcatione in eifdem & cum
fettled to be paid in Money. 2 Inft. 491. Clergym. incremento Pifcium in eifdem cum libero ingreffu & egreffu,
Law 474 No Mortuary is originally due by Law,&c. Chart. dat. 18 Feb. 11 Ed. 4.
but by Cuftom only: And Custom did fo prevail, Mote-bell, or Mot bell, the Bell fo called, which
that Mortuaries were held as due Debts, and the was uled by the English Saxons to call People toge-
Payment of them was enjoined as well by the Stather to the Court. Leg. Edw. Confeff. cap. 35. See
tute De Circunfpecte agatis, 13 Ed. 1. as by feveral
Conftitutions, &c. And by the 21 H. S. cap. 6. Mor
tuaries are to be paid as follows, viz. He that dies
poffeffed of moveable Goods to the Value of 40 1. or
above, (his Debts firft paid) is to pay 10 s. He
that, dieth poffeffed of Goods of 301. Value and un-
der 401. is to pay 6 s. 8 d. And dying poffeffed of
Goods to the Value of 6 l. 13 s. 4 d. and under 30 1.
to pay 3 s. 4 d. But if the Goods are under 6 1.
13 s. 4 d. Value, no Mortuary is to be paid; and no
Mortuary is to be paid by any Feme Covert or
Child, Perfons not keeping Houfe, &c. If one
happens to die in a Place where he does not refide,
by this Statute the Mortuary fhall be paid in the
Place where he had his moft Abode; no Perfon
fhall pay Mortuaries in more Places than one, or
more than one Mortuary; and no Mortuary fhall be
demanded of any but in fuch Places where Mortu-
aries are due by Custom, and have uſed to have been
paid: Alfo there is a Provifo in the Statute, that
in Places where Mortuaries have been of lefs Value
than as aforefaid, no Perfon fhall pay any more
than has been accuftomed. If a Parfon, Vicar, &c.
take or demand more than is allowed by the Sta-
tute for a Mortuary, he ſhall forfeit all he takes be-
yond it, and 40 s. more to the Party grieved, to be
recovered by A&tion of Debt, &c. Stat. Ibid. Since
this Statute, whereby Mortuaries are reduced to a
Certainty, an A&tion of Debt will lie upon the faid
Statute in the Courts of Common Law, for Recove-
ry of the Sum due for a Mortuary, being by Cuf-
tom as aforefaid, although before that Statute they
were recoverable only in the Spiritual Court: But
as fuch Actions have never been brought, it is faid,
they are fill recoverable in that Court only. Watf
Clergym. Law 475. Count. Parf. Compan. 140. Where
by Cultom a Mortuary hath not been ufually paid, if
a Perfon be libelled in the Spiritual Court, he fhall
have a Prohibition by Virtue of the Statute 21 H. 8.
Ánd upon a Prohibition the Cuftom may be tried,
ExC.. 2 Lutw. 1066. 3 Mod. 268.
4
1
Moztuarium, Hath been fometimes ufed in a
Civil as well as Ecclefiaftical Senfe, being payable
to the Lord of the Fee.Debentur Domino Maner.
de Wrechwyké nominibus Heriotti Mortuarii dua
Vacca pret. xii fol. Paroch. Antiq. 470.
Mofaical Law. This Law inflicts not a Capital
Punishment for bare Thefts, agreeable to which is
the Civil Law; but our Law doth, as in ftrict Juftice
2
Mothering, Is a Cuftom of vifiting Parents on.
Midlent Sunday. See Latare Jerufalem.
Actibilis, One that may be, removed or dif
placed, or rather a Vagrant.
In Carcere de-
tenti, Canonici vel alii Religiofi, Motibiles, Furiofi, &c.
convenire non poterunt, i. c. in Fure contenire non poſſunt.
Flera, lib. 6. cap. 6.
Motion in Court. In the Courts of Chancery,
King's Bench, &c. Motions are made by Barristers and
Counsellors at Law, for what concerns their Clients
Caules: And where any Motion is made in Chancery,
that is not of Course, generally an Affidavit of the
Facts alledged must be read in Court: And if Mo-
tions are founded on the general Rules or Ufage of
the Court, and are not of Courfe, but granted or
denied as the Court thinks fit, on hearing Counfel
on both Sides, Notice is to be given in Writing to
the Solicitor of the other Party, or his Clerk in
Court, expreffing every Thing moved for, which
must be ferved two Days at least before the Day on
which the Motion is to be made, whereof Affidavit
muft alfo be made. Practic. Solic. 17. In B. R. one
ought not to move the Court for a Rule for a Thing
to be done, which by the common Rules of Prac-
tice may be done without moving the Court for it:
Nor fhall the Court be moved for the doing what is
against the Practife of the Court: One ought not to
move for feveral Things in one. Motion; and where
a Motion hath been denied, the fame Matter may
not be moved again by another Counfel, without ac-
quainting the Court thereof, and having their Leave
for the fame: But every Perton who makes a ſo-
lemn Argument at the Bar, is allowed by the Court
a Motion for his Argument. 2 Lill. Abr. 209, 210.
there be divers Rules of Court made in a Cauſe,
and the Party intends to move thereon, he muſt
produce the Rule that was laſt made in the Cauſe,
and move upon that: But it is neceflary to have all
the Rules and Copies of the Affidavits, to fatisfy
the Court how, the Caufe hath been proceeded in,
and how it ſtands in Court; though the laſt Rule is
the moft material: And where a Motion is made to
fet afide a Rule grounded on an Affidavit, a Copy
of the Affidavit must be produced, that the Court
may
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but to
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may be informed upon what Grounds the Rule was
made, and judge whether there be Caufe fhewn
upon the Motion fufficient to fet afide the Rule.
Pafch. 13 Car. B. R. Hill. 1649. If any Thing be
moved to the Court upon a Record, the Record is
to be in Court, or the Court will make no Rule
upon fuch Motion. Hill. 22 Car, B. R. One Party
ought not to furprize another by a Motion in Court,
move in convenient Time, that the other
Party may have Time to be heard. Pafch. 23 Car.
It is against the Practice of the Court to move for
an Attachment, or any Matters in Law, upon the
laft Day of the Term, except the Cafe is peremp-
tory. Monday is a fpecial Day for Motions in B. R.
by the antient Courfe; but they are made upon any
Day, as the Bufinefs of the Court will permit: The
three or two laft Days of the Term are Days ap-
pointed to hear Motions, and Crown-Office Caufes;
and the last Day chiefly for Motions to prepare Bu-
finefs against the next Term or Affifes. 2 Lill. 208,
210. In the Chancery, during the Term, every
Thurſday is a Day for Sealing, and Motions; and
Tuesdays and Saturdays are Days for Motions, as are
the first and laft Days of the Term: In Vacation,
only Seal- Days appointed by the Lord Chancellor,
are Days of Motion. Practif. Solic. 17.
Moult, Is an old English Word for a Mow of Corn,
or Hay; Mullo fini, &c. Paroch. Antiq. 401.
Downtee, An Alarm or Outery, to mount and
make fome ſpeedy Expedition, mentioned in the
Statutes. Hen. 5.
Muffula, Winter Gloves made of Ram-Skins.
Leg. Hen. 1. cap. 70.
Mul&, (Mul&a) A Fine of Money fet upon one,
for fome Fault or Mifdemeanor; and Fines laid on
Ships or Goods by a Company of Trade, to raife
Money for the Maintenance of Confuls, &c. are
called Mulets. Merch. Dict.
Mulier, As ufed in our Law, feems to be a Word
corrupted from Melior, or the Fr. Meliour; and fig
nifies the lawful Iffue, born in Wedlock, (though
begotten before) preferred before an elder Brother
born out of Matrimony. 9 Hen. 6. cap. 11. Smith's
Republ. Angl. lib. 3. cap. 6. But by Glanvil, the law-
ful Iffue are faid to be Mulier, not from Melior, but
becauſe begotten è Muliere, and not ex Concubina;
for he calls fuch Iffue Filios Mulieratos, oppofing
them to Baftards. Glanv lib. 7. cap. 1. It appears to
be thus uſed in Scotland alfo; Skene faying, Muliera-
tus filius is a lawful Son, begotten of a lawful Wife.
If a Man hath a Son by a Woman, before Marri-
age, which is a Baftard and unlawful, and after he
marries the Mother of the Baftard, and they have
another Son, this fecond Son is Mulier and lawful,
and fhall be Heir to his Father, but the other can-
not be Heir to any Man; and they are diftinguiſhed
in our old Books with this Addition, Baftard eigne,
and Mulier puifne. Co. Lit. 170, 243. Where a Man
has Iffue by a Woman, if he afterwards marries her,
the Iffue is Mulier by the Civil Law; though not by
the Laws of England. 2 Inft. 99. 5 Rep. 416. Of an-
cient Time, Mulier was taken for a Wife, as it is
commonly used for a Woman, particularly one that
is not a Maid; and fometimes for a Widow ; but it
has been held, that a Virgin is included under the
Name of Mulier. 1 Inst. 243.
Mulierty, (Fr. Muillerie) The Being or Condition
of a Mulier, or lawful fue. Co. Lit. 352.
Mutta Epifcopi, (From Multa) A Fine or Sa-
tisfaction given to the King by the Bifhops, that
they might have Power to make their Laft Wills
and Teftaments, and alfo to have the Probate of
other Men's, and the Granting of Adminiſtration.
2 Inft. 491.
Multiplication of Gold and Silber, Was prohi-
bited and declared to be Felony by Statute 5 Hen. 4.
cap. 4. Which Statute was made on a Prefumption
that Perfons skilful in Chymiſtry, could multiply or
MU
augment thefe Metals, by changing other Metals
into Gold or Silver; and the Endeavours of fome
Perfons in making Ufe of extraordinary Methods
for the producing of Gold and Silver, and finding
out the Philofopher's Stone, were found to be fo
prejudicial to the Publick, from the lavish Waste of
many valuable Materials, and the Ruin of many
Families by fuch ufelefs Expences, that they occa
fioned the Statute 5 Hen. 4. But the Reſtraint
thereby having no other Effe&t, from the unac
countable Vanity of those who fancicnd thofe At-
tempts practicable, than to fend them beyond Sea to
try their Experiments with Impunity in other Coun-
tries, the 5 Hen. 5. was at laft repealed by 1 W.
M. cap. 30. Dyer 88.
1 Hawk. P. C. 47.
Multitude, (Multitudo) According to fome Au-
thors, muft be ten Perfons or more: But Sir Edw.
Coke fays, he could never find it reftrained by the
Common Law to any certain Number. Co. Lit. 257.
multo fortiozí, Or a Minore ad Majus. See
Fortiori.
Multo, Molto, or Mutto, A Mutton or Sheep;
a Wether. Brit. Cartular. Glafton 39.
Multones Puri, An old obfolete Coin of Gold,
having an Agnus Dei, Sheep or Lamb on the one
Side, and from that Impreffion called Multones:
This Coin was most common in France, and fome-
times current in England. Patent 33 Edev. 1. cited
by the learned Spelman.
Multure, Multura, The fame with Molitura.
Mumming, (From the Teuton. Mummen, to mi-
mick) Antick Diverfions in the Christmas Holidays,
to get Money or good Chear.
Mundbzech, (Is derived from the Sax. Mund, i. c.
Munitio, Defenfio, & Brice, fractio) And is men-
tioned among divers Crimes, as Pacis fractio, Lafio
Majeftatis, &c. Spelm. Gloff. Some would have
Mundbrech to fignify an Infringement of Privileges;
though of later Times it is expounded Claufarum
fractionem, u Breach of Mounds, by which Name
Ditches and Fences are called in many Parts of Eng-
land: And we fay, when Lands are fenced in and
hedged, that they are mounded.
Munde, Is Peace, and Mundebrece a Breach of it.
Leg. H. 1. cap. 37.
Muniments, (Munimenta) Epifcopus itaque cum
Munimentorum inspectionem habere non potuit. Matt.
Parif. fol. 311. See Miniments.
Muniment Houfe. In Cathedral and Collegiate
Churches, Colleges, or fuch like, is a Houfe or lit-
tle Room of Strength, purpofely made for keeping
the Scàl, Evidences, Chariers, &c. of the Church
or College, called by the Name of Muniment Houſe;
fuch Evidences being termed Muniments, corruptly
Miniments. 3 Inft. 170.
Munimina, Are the Grants or Charters of Kings
to Churches; fo called, becauſe cum eis muniuntur
against all Perfons who would deprive them of thoſe
Privileges. Blount.
Munus Ecclefiafticum, Signifies the confecrated
Bread, out of which a little Piece is taken for a
Communicant. Infuper & omne facrifiium quod
nos dicimus Munus Ecclefiafticum, &c. Mon Angl.
Tom. 2. p. 838.
Murage, (Muragium) Is a reafonable Toll, to be
taken of every Cart and Horfe coming laden thro'
a City or Town, for the Building or Repairing the
publick Walls thereof, due either by Grant or
Prefeription: And it feems to be a Liberty granted
to a Town by the King, for the Collecting of Money
towards the Walling of the fame. 3 Edw. 1. c. 30.
2 Inft. 222. The Service of Work and Labour done
by Inhabitants and adjoining Tenants in Building or
Repairing the Walls of a City or Cattle, was called
Murorum operatio; and when this perfonal Duty was
commuted into Money, the Tax fo gathered was
called Murage. Paroch. Antiq. 114. And in the City
of Chefter, there are two ancient Officers called Mu-
6 P
rengers,
MU
MU
rengers, being two of the principal Aldermen yearly
chofen to fee the Walls kept in good Repair; for
the Maintenance of which they receive certain
Tolls and Cuſtoms.
urale, The City Wall. Refonabant Colles, re-
fonabant urbis Muralia. Huntingd. lib. S. pag. 392.
Duratio, A Town or Borough, furrounded with
Walls. Brompt. Vit. K. Steph.
I.
<
་
the Compellor, &c. S. P. C. 36. 3 Inft. 91. All the
above Cafes fhew Malice; fo where a Prifoner, by
the Durefs of the Gaoler, comes to an untimely
End; if one is executed contrary to the Direction
of the Law; or if a Perfon kill a Man that is ad-
judged to Death; or one who hath no Authority
fhall execute the Judgment; if a Perfon fentenced
to be whipped, is whipped with that Rigour that he
Murder, (Murdrum, from the Sax. Morth, whence dieth of it, &c. But one under the Age of Difcre-
comes the barbarous Latin Mordrum & Murdrum; in tion, or Non Compos Mentis, cannot be guilty of
French Meurdre) Is a Word in Ufe long before the Murder; though if it appears by Circumftances that
Reign of King Canutus, which fome would have to the Infant did hide the Body, &c. it is Felony.
fignify a violent Death; and fometimes the Saxons H. P. C. 43. 3 Inft. 4, 6, 54. If an Infant under
expreffed it by Morthded & Morthweore, a deadly twelve Years old, hath an extraordinary Wit, that
Work: But I cannot find that the Sax. Morth relates it may be prefumed he knows what he does, and he
to a violent Death, but generally Mors. Antiently kill another, it may be Felony and Murder; other-
Murder fignified only the private Killing of a Man, wife it fhall not. 3 H. 7. 13. Plowd. 191. It is
And it Malice makes the Crime of Murder, which is either
as appears by the Laws of King Hen. 1.
was not Murder, except the Party flain was an Eng-express or implied; it is exprefs, when it may be
lishman, and no Foreigner; though by the Stat. 14 evidently proved there was formerly fome ill Will,
Edw. 3. c. 4. the Killing of any Englishman or Fo-and the Killing is with a fedate Mind, and formed
reigner, living under the King's Protection, through Defign ef doing it: And implied, where one kills
Malice prepenfe, and whether committed openly or another fuddenly, having nothing to defend him-
fecretly, is declared to be Murder: S. P. C. lib. 1. cap. felf; as going over a Stile, or the like. 3 Inft. 51.
And doubtless the Makers of the Statute of 23 H. P. C. 47. Such Murder as is occafioned through
H. S. c. 1. which excludes all wilful Murder from the an exprefs Purpofe to do fome perfonal Injury to
Benefit of the Clergy, intended to include open, as him who is flain, is properly faieto be of express
well as private Homicide within the Word Murder. Malice: And fuch as happens in the Execution of
1 Hawk. P. C. 78. By Murder at this Day, we under-an unlawful Action, principally intended for fome
ftand the wilful and felonious Killing of any Man other Purpofe, and not expreffed in its Nature to
whatſoever, upon Malice forethought; fo as the do a perfonal Injury to him in particular that is
Party wounded or hurt die within a Year and a Day
after the Fact: And if one dies in that Time,
through diforderly Living, it fhall be no Excufe,
the Wound will be judged the principal Caufe of
his Death; but if one wounded die after that
Time, the Law will prefume he died a natural
Death. 3 Inft. 53. H. P. C. 55. Kel. 26. If a Man
receives a Wound, that is not mortal; but either for
want of Help, or by the Neglect thereof, it turns
to a Fever, &c. which caufes the Party's Death, it
is Murder: And fo it is, where a Man has fome Dif
eafe, which poffibly would terminate his Life in
half a Year, and another wounds him, that it haftens
his End, &c. But if by ill Applications of the Par-
ty, or thofe about him, of unwholefome Medicines,
the wounded Perfon dies; if this plainly appears,
it is not Murder, by Hale Ch. Juft. Hift P. C. 428.
Murder may be committed in divers Manners; as by
Weapon, Poiſon, Crufhing, Bruifing, Smothering,
Strangling, Starving, &c. And where a Perfon
having Malice to another, ftrikes or fhoots at him,
but miffeth him and kills one not intended; or if
one lays Poifon to kill a Perfon, and another takes
it, and dies, thefe arc Murder: Alfo if a fick Man be
laid in the Cold, whereof he dieth, or an Infant is
laid under Leaves or Trees, &c. and fuffered to be
deftroyed by Vermin, they are Killing. 3 Inft. 51.
9 Rep. 81. If a Perfon ftir up a Dog accuſtomed to
bite, knowing it to be fach, and it kill a Perfon; and
if a Man have an Ox, or Horfe, which he knows to
be mischievous, by being ufed to gore or ftrike at
thofe who come near them, and do not tie them up,
if they kill a Man, according to fome Opinions, the
Owner may be indicted, as having himself feloni
oufly killed him. Pult. 122. H. P. C. 53.
H. P. C. 53 Hawk
P. C. 79. Anciently it was holden that the caufing
an Abortion, by giving a Potion to, or triking a
Woman big with Child was Murder: But now it is
faid to be a great Mifprifion only, and not Murder,
unless the Child be born alive, and die thereof.
1 Hawk. 80. If the Death of a Baftard Child new
ly born be concealed, it fhall be fuppofed to be
murdered; if the Mother doth not prove it was born
dead. Stat, 21 Fac 1. c. 27. And if one by Durefs
of Imprisonment compel a Man to accufe an inno-
cent Perton, who on his Evidence is condemned and
executed; in Judgment of Law it is the Killing of
3.
killed, is moft properly Malice implied. Kel. 129,
130. He that doth a cruel and voluntary A&,
whereby Death enfues. doth it of Malice prepenfed
in the Efteem of the Law: And if a Perfon in cool
Blood, malicioufly and deliberately beats another in
fuch a Manner, beyond any apparent Intent of
Chaftifement, that he dieth, it is Murder by exprefs
Malice, although he did not defign to kill him.
But if a Per-
H. P. C. 49, 50. Kel. 64, 127, 135.
fon on any Provocation beat another fo, that it
might plainly appear he meant not to kill, but on
ly to chaflife him; or if he reftrains himself till
the other hath put himself on his Guard, and then
in fighting with him killeth him, he will not be
guilty of Murder but Manflaughter. 1 Hawk. P. C.
82. When one executes his Revenge, upon a fud-
den Provocation, in fuch a cruel Manner, with a
dangerous Weapon, as fhews a malicious Intention
to do Mifchief; and Death enfues, it is exprefs Ma-
lice and Murder from the Nature of the Fact. Kel.
55, 61, 65, 130. A Man chided his Servant, and
upon fome crofs Anſwer given, he having a hot
Iron in his Hand, ran it into the Servant's Belly,
of which he died, this was adjudged Murder. Kel.
64. If a Perfon is trefpaffing upon another, by
breaking his Hedges, &c, and the Owner upon
Sight thereof take up a Hedge-Stake, and give him
a Stroke on the Head, whereof he dies, this is
Murder, becaufe it is a violent Act beyond the Pro-
portion of the. Provocation. -H. P. C. And where a
Boy was upon a Tree in a Park cutting of Wood,
and the Keeper bid him come down, which he
did; and then the Keeper ftruck him feveral Blows
with a Cudgel, and afterwards with a Rope tied
him to his Horfe's Tail, and the Horfe ran away
with him and killed him; this was held to be Mur
der out of Malice, the Boy having come down at
the Keeper's Command. Cro. Car. 139. H. P. C. A
Man's Son was beaten, and complaining of it to his
Father, the Father in Anger beat the other Boy
with a Cudgel whereof he died; the Law fhall ad
judge it to be upon that fudden Occafion, and ftirring
of Blood, that he made the Affault, and not upon
Malice, unless it be found; and if the Diſtance of
the Place where his Son complained was a Mile, it
is not material, being all upon one Paffion. Cro.
Fac. 296. And it is the fame in Cafe of a Brother,
Coufin,
:
2
MU
MU
•
€
Coufin, Servant, &c. it is only Manflaughter, not them, it is not Murder. Fones 429. A Perfon was
Murder. 2 Lill. 211. If two having Malice fight, arrefted, and another not knowing the Cauſe of the
and the Servant of one of them, not knowing of Struggle, but fecing Swords drawn, and to prevent
the Malice, killeth the other, this is Murder in the Mifchief, came and defended the Party arrested,
Mafter, and but Manflaughter in the Servant: and in the Scuffle the Bailiff was killed; it was re-
Though if there be a Confpiracy to kill a Man, folved to be no Murder in the Perfon doing it, but
but no Malice against his Servant; if the Servant that all that were prefent and affifting, knowing of
be flain, the Malice against the Mafter fhall be the Arreft, were principal Murderers. Kel. 86. Tho'
conftrued to extend to his Servant; and the Killing it has been held in fuch a Cafe, that the Perſon of-
the Servant is Murder. Dyer 128. 1 Mar. If two fending is Guilty of Murder, whether he knew that
Perfons meet and fight in cool Blood, on a prece- the Perfon flain were an Officer or not; for all
dent Quarrel, and one is killed: Or if a Perfon in Fighting is unlawful, and he who fecing Perfons
a fudden Quarrel appears to be Mafter of his Tem- engaged in it, takes Part with one Side, and fights
per, and kills another, it is Murder. 1 Hawk. P. C. in the Quarrel, without knowing the Caufe of it,
81. For where two Perfons fight after à former efpecially where the Fight is begun in Oppofition
Quarrel, it may be prefumed to be out of Malice; to the Juftice of the Nation, fhews a Readiness to
and when two Men fall out in the Morning, and break through the Laws on a fmall Occafion, and
meet and fight in the Afternoon, if one of them is muft at his Peril take heed what he doth.
I Sid.
killed, this is Murder; their After-Meeting is of 160. Noy 50. 1 Hawk. 85. If one attack another
Malice. Plowd. 474. If a Man upon a Quarrel to rob him, and by the Refiſtance of the Party
with another, tells fuch other that he will not ftrike kills him, this is Murder, 3 Inft. 52. Dalt. 344. Á
him, but will give him a Pot of Ale to ftrike firft, Perfon ftands by, and encourages or commands an-
and thereupon the other ftrikes him, and he kills other to murder a Man; or if he come with others
the other, he is guilty of Murder; this being only on purpofe to kill him, and ftand by while the o-
a Cover to his malicious Intention. H. P. C. 48. ther Perfons commit the Fact: It will be Murder in
And where a Perfon kills another, it fhall be inten- them all. Plowd. 98. 11 Rep. 5. And if two or more
ded of Malice; if he prove not the contrary. Kel. Perfons come together to do an unlawful A&t, as to
27. A Man affaults another Perfon with Malice, beat a Man, rob a Park, &c. and one of them kills
although he be afterwards driven by the other to a Perfon, this is Murder in all that are prefent, aid-
the Wall, and kill him there in his own Defence, ing or affifting, or that were ready to aid and af-
he is guilty of Murder, in refpect of his firft Intent.fift: All will be faid to intend the Murder. 3 Inft. 56.
H. P. C. 47. Kel. 58, 129. But if the Party affault- Dalt. 347.
H. P. C. 31.
And fuch Perfons will be
ed flie to the Wall, and being ftill purfued, kills the judged to be prefent that are in the fame Houfe,
other, it is only Manflaughter in his own Defence. though in another Room, or in the fame Park, al-
Bract. 3 Ed. 3. If one refolves to kill the next though half a Mile off, &c. H. P. C. 47. Kel. 87,
Man he meets, and doth kill him, it is Murder; 116, 127. Several Perfons having confpired to en-
here Malice is implied against all Mankind. Kel. ter the King's Park, and to hunt and carry away
27. By poiſoning, and where one killeth another Deer, with Defign of killing any one that ſhould
without Provocation, Malice is implied; as where oppofe them; though the Keeper's Servant began
any Magiftrate or Minifter of Juftice is killed in the Affault, and required them first to stand, where-
the Execution of his Office; a Sheriff, Conftable upon they fled, and one of the Keeper's Men dif
or Watchman, doing their Duty; or any other that charged a Piece at them, and they continued their
comes in Aid of the King's Officer; and if a Watch- Flight until he laid violent Hands upon one of the
man be killed in ftaying of Night-walkers, it is faid Offenders, and then, and not before, they killed
to be Murder. 3 Inft. 51. Cro. Fac. 280. Kel. 60, 128. one of the Keeper's Servants, this was held to be
In thefe Cafes, it is a very high Contempt of the Murder; as they were doing an unlawful A&, the
Laws, for a Perfon to execute his Revenge againft Law implies Malice, and they ought not to have
thofe who have no Way offended him but by doing fled, but to have furrendred themfelves. Roll. Rep.
their Duty; and he cannot come off by alledging 20. By Statute, Murder fhall not be adjudged where
that what he did was in a fudden Affray, &c. 1 Hawk. it is found by Mifadventure, but when it is done
P. C. 84. And if a Bailiff is killed in executing with a felonious Intent. 52 H. 3. c. 25. Offenders for
a lawful Warrant, &c. it is Murder: Nor is it any
is Murder: Nor is it any Murder and Acceffaries being indicted, may be ar-
Excufe to the Perfon, that the Procefs was erro- raigned at any Time within the Year, at the King's
neous; or that the Arreft was in the Night; that Suit; and if the Principal or Acceffary be acquit,
the Officer did not tell him for what Cauſe he ar-yet the Juftices fhall not fuffer them to go at large,
reſted him; or that he did not fhew his Warrant,
&c. being a Bailiff commonly known. 9 Rep. 68, 69.
Cro. Fac. 280, 486. But if a Bailiff who is not ex-
ecuting his Office is killed, it is not Murder; for he
ought to be duly executing his Office, by ferving
the Proceſs of the Law, wherein he is affifted cum
Poteftate Regis & Legis. Cro. Car. 537. 2 Lill. Abr.
212. Therefore where the Warrant by which he
acts gives him no Authority to arreft the Party;
as where a Bailiff arrefts a wrong Perfon, or 7. S.
a Baronet, by Force of a Warrant to arreft F. S.
Knight or if a good Warrant is executed in an
unlawful Manner; as if a Bailiff be killed in
breaking open a Door, or Window to arreft a Man;
or perhaps if he arreft one on a Sunday; fince the
Stat. 29 Car. 2. c. 7. by which all fuch Arrefts are
made unlawful, and he is flain; Malice fhall not be
implied to make it Murder, but the fame fhall be
Manflaughter only. H. P. C. 46. Cro. Car. 372. 12
Rep. 49. 1 Hawk. 86. If Bailiffs come to a Houfe
to arreft a Perfon, and the Houfe being locked they
attempt to break in, whereupon the Son of the Per-
fon intended to be arrested, fhoots and kills one of
but either remand them to Prifon, or let them be
bailed, until the Year and Day be out, allowed for
an Appeal. 3. H. 7. c. 1. All Trials for Murder muſt
be in the County where the Fact was committed, by
the Common Law. Cro. Car. 247. But if a Perfon
be wounded by a Stroke given in one County, and
he dieth in another County, the Indictment may
be found in the County where the Party dies, which
fhall be as well as if the Stroke had been given in
the fame County. Statute 23 Ed. 6. c. 24. The
Killing must be in fome County; for if the Murder
be done out of the Realm, it cannot be determined
by the Common Law, but must be determined by
the Conftable and Marfhal, &c. 3 Inft. 48. H. P. C.
54. But fee the Statute 2 Geo. 2. cap. 21.
And
Murder is to be exprefly found, not by Intendment,
c. And where the Matters on the finding of the
Jury, are no more than weak Evidence thereof,
the Court ought not to give Judgment on that, but
upon the Facts arising from it. Fitzgib. 187. Mich.
4 Geo. 2. When one is murdered in the Day-Time,
and the Murderer efcapes untaken, the Township
that fuffers it, fhall be amerced. 3 H. 7. If one who
fees
i
MU
MU
A
fees a Murder done, does not his beſt Endeavours to Bar. Max. 25. And there is a Homi ide or Killing ex-
apprehend the Murderer: Or if where two are fight-cufable, where a Man kills another merely in his
ing, and others looking on do not endeavour to partown Defence, called fe Defendendo.
them, if one is killed, the Lookers on may be in-
dicted and fined. 3.Inft. 53. Noy 50. And killing
any Perfon endeavouring to part others fighting,
though without any, evil Intention against him, is
Murder. See Duelling, Manflaughter, &c. See alfo
Trial.
Form of an Indictment for Murder.
Wilts, fl.
A. T
En
on their Oath prefent, that
A Perfon indicted for intending to Murder the Ma-
fter of the Rolls, Term: Mich. 16 Car. 2. and for of-
fering a Sum of Money to another Person to do it,
faying at the fame Time, that if he would not per
petrate the Crime, he would do it himself; upon
his Conviction, the Court declared that this was a
heinous Offence, and not only indictable but fine-
able, and the Offender was fined one thousand
Marks, committed to Prifon for three Months, and
ordered to find Sureties for his good Behaviour du-
ring Life. 1 Lev. 146
Muscovy Company, Of Merchants, eſtabliſhed
by King Ed. 6. This Company trades to Ruffia
and the North; and any Subject of England, on
Requeft may be admitted into it, and enjoy all
Privileges, paying only the Sum of 51. by Stat.
10 & 11 W. 3. c. 6. In order to open a Trade to
Perfia through Muscovy a late Statue has ordained,
that all Perfons free of this Company may import
from any Place in Ruffia, Raw Silk or other Com-
modities of Perfia, purchased by Barter with wool-
len Manufactures exported from England, &c. 14
Geo 2. cap. 36.
HE Furors for our Sovereign Lord the
King, upon
A. B. late of M. in the faid County, Yeoman, not having
God before bis Eyes, but being moved and feduced by the
Inftigation of the Devil, on the Day of, &c. in the Year
of the Reign of, &c. about the Hour, &c. in the Even-
ing of the fame Day, at M. aforefaid in the faid County,
with Force and Arms made an Affault in and upon one
C. D. then and there being in the Peace of God, and of
our faid Lord the King; and that the faid A. B. at M.
aforefaid in the faid County, did feloniously, wilfully and
of his Malice forethought ftrike and wound the faid C. D.
with a Sword, of the Value of three Shillings, which the
faid A. B. bad and held then and there drawn in his
Right Hand, and did feloniously and of his Malice fore
thought, at M. aforefaid in the faid County, give to the
faid C. D. one mortal Wound with the Sword aforefaid,
in and upon the right Part of his Thigh, of the Length of
three Inches, and of the Depth of two Inches, of which
faid mortal Wound the faid C.D. at M. aforefaid in
the faid County, inftantly died; and fo the faid Furors Multer, (From the Fr. Moufire) is to fhew Men,
upon their Oath a,orefaid fay, that the faid A. B. on the and their Arms, that are Soldiers, and inrol them
faid Day of, &c. in the Year abovementioned, at M. a- in a Book. Terms de Ley. Faire Mouftre general de
forefaid in the faid County, did feloniously, wilfully, and tout fon Armie, is as much as Luftrare exercitum; the
of his Malice forethought, kill and murder the faid C. Signification being well known to Mufter an Army:
Ď. in Manner and Form aforefaid, against the Peace of And mußtered of Record is to be inrolled in the Num-
our faid Sovereign Lord the King, his Crown and Digber of the King's Soldiers. Stat. 18 H. 6. c. 19. If
nity.
|
Musicians, The Muficians of England, were incor-
porated by King Charles 2. Anno 1670. And of late
Years all foreign Musick, Opera's, &c. have very
much increased upon us, through the Management
of this Corporation, and the Softnefs and Politeness
of our modern Gentry. See Minstrels.
6
Necnon Mutam Canum; que ad Dom. Regem, ratione
Prerogative ſue ſpectant pertinent. Hill. 2 Edw. 2.
in Stat. poft mortem Epifc. Bath. & Willenſ. &
Clauf. 30 Ed. 1. M. 16. Vide Mortuary.
any Men commanded to Muſter, by thofe who have
Authority, abſent themſelves, or do not bring their
Murder, or Homicide juftifiable. There is a Kilbeft Arms, they fhall be imprifoned ten Days, or
ling that is juftifiable; as if a Perfon attempts to pay a Fine of 40s by 45 P. & M. 3. See Sildiers.
commit Murder, Robbery, or other Felony, a Man Multer-Matter general, Mentioned in the 35
or any of his Servants, may lawfully kill him. 2 Eliz. c. 4. See Mafter of the King's Mufiers.
Inft. 316. See Statute 24 H. 8. c. 5. If a Perſon in Muta Canum, (Fr. Meute de Chiens) Signifies a
Defence of the Poffeffion of a Room in a publick Kennel of Hounds, in antient Records: And the
Houſe kill another who attempts to turn him out King at a Bishop's and Abbot's Deceaſe, had fix
of it, the Killing the Affailant hath been holden Things. 1. Optimum Equum five Palefridum ipfius
to be juftifiable. Kel. 51. 1. Hawk. 83. In the Defence Epifcopi, &c. 2. Unum Chlamydem five Clocam cum
of the Poffeffion of a Man's Goods, againft him Capella. 3. Unum Ciphum cum coopertorio. 4. Unum
that would wrongfully take them away, Killing can-pelvem cum lavatorio. 5. Unum Annulum aureum.
not be juftified; except he be a Thief. Wood's Inft.
361. If a Woman kills a Man attempting to ravish
her, it is justifiable. H. P. C. 39. Thoſe who are
engaged in a Riot, or forcible Entry, &c. ftanding
in Oppofition to a Juftice's Command, or lawful
Warrant: Or if Trefpaffers in a Foreft or Park,
will not furrender but defend themselves: If a Fe-
lon will not fuffer himſelf to be arrested, and refu-
fing to obey any Arreft on lawful Warrant, defends
himself; or if one either with or without a War
rant, purſues a Felon upon Hue and Cry, and he
flies for it: If a Priſoner affaults thofe that conduct
him to Gaol, or his Gaoler in endeavouring to ef-
cape; or a Perfon arreſted, reſiſt the Sheriff, &c. Bute, (Mutus) One Dumb, that cannot fpeak,
the Killing theſe is juftifiable; but a Sheriff cannot or who refufes to fpeak. And by our Law a Prilo-
kill one that flies from the Execution of a Civil ner may ftand Mute two Manner of Ways: 1.
Proceſs: And as no private Perfon bath this Autho When he ſpeaks not at all, and it fhall be inquired
rity, upon an Arreft in a Civil Matter, as he hath whether he ftand Mute out of Malice, or by the
upon an Arreft for Felony; fo neither hath the She Act of God; and if by the latter, then the Judge
riff this Power in Criminal Cafes, but upon a Nc- ought to inquire whether he be the fame Perfon,
ceffity; as when an Offender cannot be taken with- and of all Pleas which he might have pleaded in
our killing, &c. for if he might be taken without his Defence, if he had not been Mute.
killing him, it will be eftecmed Murder. 3 Inft. 56. the Prifoner pleads not directly, or will not put
When himself upon the Inqueft to be tried; and a Perfon
221. H. P. C. 37. Dalt. 159, 355. Kel. 28.
one in Danger of drowning, thrufts another from a feigning himself Mad, and refufing to answer, fhall
Plank, whereby he is drowned; this is juftifiable. be taken as one who ftands Mute. 2 Inft. H. P. C.
Mutare, To mew up Hawks, in the Time of their
Molting or Cafting their Plumes. In the Reign of
King Ed. 2. the Manor of Broughton in Com. Oxon.
was held.
Per Serjeantiam Mutandi unum Ho-
firicum Domini Regis, &c. Faroch Antiq. 560. Mu-
tatus accipiter is a mewed Hawk: And hence the
Mecus, (Muta Regia) near Charing Cross, London, now
the King's Stables, was formerly the Falconry or
Place for the King's Hawks.
2. When
7
226.
NA
NA
which is a reaſonable Diftrefs, proportionable to
the Value of the Thing diftrained for, was anci-
ently called either if or Mort, quick or dead, as
it confifted of dead or quick Chattels; and it is
when one takes another Man's Beafts Damage-feafant,
in his Ground, or by a Perfon's particular Fact, by
Reafon of fome Contract made; as for Default of
Payment of an Annuity, it fhall be lawful to di
ftrain in fuch or fuch Lands, &c. And there is a
Naam unlawful, mentioned in our Books. Horn's
Mirror, lib. 2.- Nemo Namium capiat in Comitatu
vel extra Comitatum, priufquam ter in Hundredo fuo rec-
tum fibi perquifierit. Leg. Canut. c. 18. Non licebit
Namium fumere vel vadimonium, nec Averia fua impar-
chiare. Spelm. Gloff.
226. Alſo if a Prifoner on his Trial peremptorily Pam, or Naam, (Namium, from the Sax, Niman,
challenge above the Number of Jurors allowed by i. e. capere) Signifies the Taking or Diftraining an-
Law, this being an implied Refusal of a legal Tri-other Man's moveable Goods. And lawful Naam,
al, he fhall be dealt with as one that ftands Mute,
and according to fome Opinions be hang'd. H. P. C.
259. Kel. 36. 2 Hawk. 327. A Felon obftinately
ſtanding Mute is to be put to the Penance of Paine
forte & Duve: In Cafe of High Treafon where the
Offender ftands Mute, he fhall have Judgment and
forfeit Lands and Goods, as if he had been attain-
ted; likewife in the Cafe of Felony and Petit Trea-
fon, if a Perfon by ftanding Mute do not avoid be-
ing attainted for fuch Crimes, he fhall forfeit his
Lands and Goods in the fame Manner as on other
Attainders: Though whenever a Perfon ftanding
Mute is adjudged to his Penance for Felony, and
thereby prevents that Attainder which otherwife he
might have incurred, he forfeits his Chattels only,
and not his Lands: 2 Hawk. P. C. 330, 331 It is
faid by Sir Matth. Hale, that an Appellec of Felo-
ny ſtanding Mute fhall be executed, and not have
Judgment of Penance; but the contrary hath been
held by others. H. P. C. 226. S. P. C. 150. 2 Inft. 178.
Kel. 37. One who stands Mute fhall have the Benefit
of his Clergy, unless it be otherwife fpecially pro-
vided by fome Statute. And although it be enacted
by the Stat. 3 & 4 W. & M. c. 9. That if any Per
fon fhall be indicted of any Offence, for which by
Virtue of any former Stature, he is excluded from
the Benefit of his Clergy, if he had been thereof
convicted by Verdict or Confeffion, if he ftand Mute
he fhall not be admitted to the fame; yet Appeals,
and Offences excluded from the Benefit of the Cler-2 R. 2. c. I.
gy, by fubfequent Statutes, feem not within that
A&t: And a Statute taking away the Benefit of
Clergy generally from thofe who are convicted of
a Crime, doth not take it away from thofe who
ftand Mute on an Indictment or Appeal. 2 Hawk.
332. See Felony.
Mutual Promife, Is where one Man promifes to
pay Money to another, and he in Confideration
thereof promises to do a certain A&t, &c. Such Pro-
miſes must be binding, as well of one Side as the
other; and both made at the fame Time. Hob. SS.
1 Salk. 21. Where there are mutual Promifes, and
one of the Parties dies, whereby the other Party
could not charge the Executor on the Promife of the
Teftator; yet 'tis here faid the Promife by the Sur-
vivor fhall continue. Telv. 133. But it is held, that
on Mutual Promifes and Covenants, equal Remedies
are on both Sides; tho' the Performance need not
be precifely alledged, &c. 3 Salk. 15, 108. 1 Lev.
S8. 2 Mod. 34.
Mutuatus. If a Man oweth another Perfon 101
and hath a Note for the fame, without Seal, Action
of Debt lies upon a Mutuatus; but in this there
may be Wager of Law, which there may not be in
Action upon the Cafe, on an implied Promiſe of
Payment, &c. Compt. Attorn. 6, 111.
Mutuo, In a legal Understanding, fignifies to
Borrow or to lend. 2 Saund. 291.
Mutus & Surdus, A Perfon dumb and deaf, and
being Tenant of a Manor, the Lord fhall have the
Wardship and Cuſtody of him. 2 Cro. 105. If a Man be
dumb and deaf, and have Understanding, he may be
a Grantor or Grantee of Lands, &c. 1 Co. Inft.
Mystery, (Myfterium, From the Fr. Meiftier, i. e.
Ars, Art ficium) An Art, Trade, or Occupation.
N.
Pamation, (Namatio) A Taking or Diftraining;
and in Scotland it is ufed for Impounding: Namatus,
diftrained. Charta Hen. 2. See Vetitum Namium, and
Withernam.
Dame, (Nomen, Fr. Nofme) By which any Per-
fon is known or called. There is a Name of Per-
fons, Bodies Politick, and Places; and of Baptifm,
and Surname; alfo Names of Dignity, &c. In fome
Cafes, a Name by Reputation is fufficient; but it is
not fo of a Thing, if the Matter and Subſtance be
not right. 11 Rep. 21. 6 Rep. 65. 4 Rep. 170. Vide
Mifnomer.
Papery, (from the Ital. Naperia, i. e. Linteamina
Domeftica, Linen Cloth, or Houfhold Linen. Stat.
·
Parr, An Abbreviation of Narratio, ufed to fig-
nify a Declaration in a Caufe.
Narrator, (Lat.) A Pleader or Reporter; and
formerly Serviens Narrator was a Serjeant at Law.
Et ulterius in Curia Regis pro aliquo Nar-
rare non audietur, nifi pro femetipfo fi Narrator fuerit.
Fleta, lib. 2. cap. 37.
Palle or effe, (From the Sax. Nefe, i. e. Pro-
montorium) The Name of the Port or Haven of
Orford in Suffolk, mentioned in the Stat. 4 H. 7.
cap. 21.
Patale, The State, Condition and Quality of a
Man. Leg. H. 1. c. 64.
Mathwyte, Seems to be derived from the Sax.
Nath, i. e. Lewdnefs; and fo to fignify the fame
with Lairwite.
Nativi de Stipite. In the Survey of the Dutchy
of Cornwall, there is Mention of Nativi de Stipite,
and Nativi Conventionarii; the Firft were Villeins
or Bondmen, by Birth or Stock; the other by
Contract or Agreement. LL. Hen. 1. cap. 76. And
in Cornwal it was a Custom, that a Freeman marry-
ing Nativam, if he had two Daughters, one of them
was Free, and the other Villein. Braft. lib. 4. c. 21.
Nativity, (Nativitas) Birth, or the being born.
in a Place. The Cafting the Nativity, or by Calcu
lation feeking to know how long the Queen fhould
live, &c. was made Felony, by 23 Eliz. cap. 2. Na
tivitas was anciently taken for Servitude, Bondage
or Villeinage. Leg. Will. 1.
Nativo habendo, Was a Writ that lay to the She-
riff, for a Lord who claimed Inheritance in any
Villein, when his Villein was run away from him,
for the Apprehending and Reftoring him to the
Lord: And the Sheriff might feife the Villein,
and deliver him unto his Lord, if he confeffed his
Villenage; but if he alledged that he was a Free-
man, then the Sheriff ought not to feife him, but
the Lord was to fuc forth a Pone to remove the
Plea before the Juftices of C. B. &c. And if the
Villein purchaſed a Writ De Libertate probanda be-
fore the Lord had taken out the Pone, it was a Su-
perfedeas to the Lord, that he proceeded not on the
Nacka, Malta, A fmall Ship, Yacht, or Tranf-Writ of Nativo babendo. Reg. Orig. 8, 7. F. N. B. 17.
port Veffel. Chartular. Abbat. Rading. MS. fol. 51. New Nat. Brev. 171, 172. This Writ Natiuo habendo
6Q
No
In ipfo Articulo
B, To Nab a Perfon.
aliquem opprimere. Litt. Di&..
Facella, A Skiff or Boat. Tranfitum per Nacellas
& alia vafa præparavit. Mat. Parif.
was
NA
NA
+
}
ufed to his Majefty's S'ores, upon Pain of Forfeit-
ing 2007. And Perfons in whole Cuftody fuch Stores
fhall be found concealed, are liable to the fame
was in Nature of a Writ of Right, to recover the
Inheritance in the Villein, upon which the Lord
was to pursue his Plaint, and declare thereupon,
and the Villein to make his Defence, fo as the Free-Penalty. 910 W 3. 41. The Stat. § Ann c. 10.
dom, was to be tried. New Nat. Br. 171, 173.
Matíbus, Is ufed in our ancient Law for a Ser-
vant: Of Servants there were three Kinds, Bondmen,
Natives, and Villeins; and Natives were fuch as were
born Servants. Spelm. Gloff. See Servi Nativa. Vide
Nief
was made for the Encouragement of the Importa-
tion of naval Stores from the Plantations in America,
and for Prefervation thereof in thofe Countries;
inflicting Penalties for cutting down Pine or Pitch-
Trees, under fuch and fuch Sizes, &c. To the like
Purpofe, and for making the fame more effectual,
is the Stat. 8 Geo. I. cap. 12. Alſo naval Stores are
ex-imported here from Scotland, under an Encourage-
ment by Statute; and a Premium is given for the
Importing of naval Stores from America and North
Britain, of 1. per Ton, for Mafts and Pitch, &c.
2 Geo. 2 cap. 35..
Patural Affection, (Naturalis Affectio) Is a good
Confideration in a Deed; and if one without
preffing any Confideration, Covenant to ftand feifed
to the Ufe of his Wife, Child, or Brother, &c.
Here the naming them to be-of Kin, implies the
Confideration of Natural Affection, whereupon fuch
Ufe will arife. Cart. 138. See Confideration.
ภ
Paufrage, A Sea-Term for Ship-wreck. Merch. Dict.
Navigation, Is the Art of Sailing at Sea, alfo
the Manner of Trading: And a Navigator is one
that underftands Navigation, or imports Goods in
foreign Bottoms. Ibid.
{
Navigable Rivers, Divers Statutes relating to
See Rivers,
5.4
Navis Ecclefie, The Nave or Body of the
Church, as diftinguished from the Choir and
Wings or 1fles: It is that Part of the Church where
the common People fit. Du Cange.
Habis, Pavicula, A fmall Difh to hold Frankin-
cenfe, before put into the Thuribulum, Cenfer or
moaking Pot; and it feems to have its Name from
the Shape, refembling a Boat or little Ship We
have feveral of thefe Boat-cups in Silver, &c. for
various Ufes. Paroch. Antig. 598.
Pavithalamus, A Ship or Barge that Noble-men
ufe for Pleafure, with fine Chambers and other ſtate-
Ornaments. Law Lat. Diet.
嘀
​Paturalization, (Naturalizatio) Is where a Per-
fon who is an Alien, is made the King's natural Sub-
ject by Act of Parliament, whereby one is a Subject
to all Intents and Purpoſes as if he were born To
For by Naturalization, a Perfon's Iffue, before the
Naturalization, fhall inherit. 1 Inft. 8, 129. A Stran-them.
ger naturalized by Act of Parliament, may have
Lands by Difcent, as Heir at Law, as well as have
them by Purchafe: But until naturalized or made
Denizen, a Stranger is not generally under the
King's Protection, to have the Benefit of the Laws;
alfo no Perfon is to be naturalized until he has recei-
ved the Sacrament of the Church, and taken the
Oaths of Allegiance and Supremacy, c. And
Strangers when naturalized are difabled to be
of the Privy Council, to hold Offices, &c. 1 Fac.
1. cap. 2. 12 W. 3. cap. 2. but fee 1 Geo. 1. cap. 4.
By the Stat. 7 Ann. cap. 5. it was declared that all
Perfons born our of the King's. Allegiance, takingly
the Oaths, c. fhould be deemed natural-born; aby, Signifies the Fleet or Shipping of a Prince
though this was repealed, but not to prejudice Per- or State; or an Armament at Sea. The Navy of
fons naturalized, or Children of natural-born Sub- England it has been obferved, excells all others for
jeas, born out of Allegiance, by 10 Ann. c. 5. And three Things; viz. Beauty, Strength and Safety;
all Children born out of the Ligeance of the Crown, for Beauty our Ships of War are fo many floating
whofe Fathers were, or fhall be natural Subjects of Palaces; for their Strength ſo many moving Castles;
Great Britain, at the Time of their Birth, are ad- and for Safety, they are the most defenfive Walls of
judg'd to be natural born Subjects of this Kingdom, the Land And as our naval. Power gains us Au-
except Children of Parents Attainted of Treafon, thority in the most diftant Climates, fo the Supe
or in the actual Service of foreign Princes in En-riority of our Fleet above other Nations, renders
mity with England, &c. by the 4 Geo. 2. c. 21. All the Brit Monarch the Arbiter of Eurole. The
Foreigners who fhall live feven Years or more, in Kings of England in antient Times commanded.
any of our American Plantations, and not be abfent their Fleets in Perfon; and the renowned King Ar
therefrom above two Months at one Time, fhall on thur, famous for his warlike Atchievements, vin-
taking the Oaths be deem'd natural Subjects, as if dicated the Dominion of the Seas, making Ships of all
they had been born here; but not be capable of en- Nations falute our Ships of War, by lowering the
joying any Place of Truft, &c. 13 Geo. 2. c. 7. Great Top-fail, and ftriking the Flag, as in like Manner
Numbers of Foreigners are every Year naturalized they fhall do the Forts upon Land, by which Sub-
by private Acts of Parliament. See Prince of Orange. miffions they are put in Mind that they are come
Nature Pudenda, Privities.
Penfandum into a Territory, wherein they are to own a Sove
autem eft, per vifum accufantibus vifum concubitus propen- reign Power and Jurifdi&tion, and receive Pro
fius advertendum, ut fcilicet ipfas coeuntium Naturas vi-tection from it: And this Duty of the Flag, which
derint Commifceri. Leg. Hen. 1. c. 83.
Rabagium, A Duty which was incumbent on
Tenants, to carry their Lord's Goods in a Ship:
Liberi fint ab omni Cariagio, Navagio, &c. Mon. Angl.
Tom. I. pag. 922.
Rabal, Signifies any Thing belonging to the Sea,
or Maritime Affairs. Merch. Dict..
•
•
•
hath been conftantly paid to our Ancestors, ferves
to imprint Reverence in Foreigners, and adds new
Courage to our Seamen; and Reputation abroad,
is the principal Support of any Government at
home. King Edgar Succeffor to Arthur, filed him-
felf Sovereign of the narrow Seas; and having fit.
ted out a Fleet of four hundred Sail of Ships, in
Naval Stozes. Perfons ftealing or imbezilling the Year 937, failing about Britain with his mighty
any of the King's naval Stores, to the Value of 20s. Navy, and arriving at Chefter, was there mer by
are Guilty of Felony, without Benefit of Clergy, eight Kings and Princes of foreign Nations, come
22 Car. 2. cap. 5. And the Treaſurer and Commif- to do him Homage; who as an Acknowledgment
fioners of the Navy are impowered to inquire of na-of his Sovereignty, rowed, this Monarch in a Boat
val Stores imbezilled, and appoint Perfons to fearch down the River Dee, himself fteering the Boat;
for them, &c. who may go on board Ships, and feife a marine Triumph which is not to be paralled
fuch Stores; and the Commiffioners, c. may im in the Hiftories of Europe. Canutus, Edgar's Suc-
prifon the Offenders, and fine them double Value, ceffor, laid the antient Tribute called Danegeld,
the Stores being under the Value of 20s. I Geo. 1. for the Guarding of the Seas, and Sovereignty of
cap. 25. None but the Contractors with the Com-them; with the following Emblem expreffed, viz.
miffioners of the Navy, fhall make any Stores of Himfelf fitting on the Shore in his Royal Chair,
War, naval Stores, &c. with the Marks commonly while the Sea was flowing, fpeaking, Tu mea ditionis
}
es,
1
4.
NA
NA
es, & Terra in qua fedeo eft, &c. And Egbert, Althred Commiffionérs of Victualling Office, &c. the Prin
and Eltbred, kept up the Dominion and Sovereign- cipal whereof hold their Offices by Patent under
Ety of their Predeceffors; nor did the fucceeding the Great Seal. By Stat. 9 & 10 W. 3. c. 37. the
Princes of the Norman Race, wave this great Ad-Sum of 570,000l. was appropriated for the Buil-
vantage, but maintained their Right to the four ding of twenty-feven Ships of War, with their
adjacent Seas furrounding the British Shore: The Guns, Rigging, &c. And the 6 Ann. c. 13. enacts,
Honour of the Flag King John challenged, not That over and above the Ships for the Line of
barely as a Civility, but a Right to be paid cum Battle, forty-three Ships of War fhall be employed
debita reverentia, and the Perfons refufing, he com- as Cruifers and Convoys, for the better preferving
manded to be affaulted, and taken as Enemies: fuch Ships as fhall be made Ufe of in the Trade
And the fame was ordained not only to be paid to of Great Britain; four of theſe Ships are to be
whole Fleets, bearing the Royal Standard, but to Third Rates, and fixteen fourth Rates, and the
thofe Ships of Privilege that wear the Prince's En- reft of fufficient Force to guard our Commerce;
figns or Colours of Service; this Decree was con- They are to attend in certain Stations; and the
firmed and bravely afferted by a Fleet of five hun- Lords Commiffioners of the Admiralty may dire&
dred Sail, in a Royal Voyage to Ireland, wherein he the Commiffioners of the Navy, or fome one or
made all the Veffels which he met with in his Way, more Perfons refident at fuch Places as his Maje
in the eight circumfluent Seas, to pay that Duty fty fhall appoint, to fuperintend and overfee every
and Acknowledgment, which has been maintained Thing relating to thofe Cruifers; alfo the Commif-
by our Kings to this Day, and was never contefted fioners of the Admiralty have Power to order any
by any Nation, unlefs by thofe who attempted the of the faid Ships to be imployed in the Line of Bat
Conqueft of the intire Empire. It was Trade that tle, in Cafe of Neceffity. This Statute likewife
gave Occafion to the bringing of mighty Fleets impowers the Commiffioners of the Admiralty, du-
of Ships to Sea; and upon the Increaſe of Trade, ring War, to grant Commiffions to Privateers and
Ships of War were neceffary in all Countries for Commanders of Ships, for the Taking and Seifing
the Preſervation of it in the Hands of the juft Pro- Ships and Goods of Enemies. For the Furniſhing of
prietors: And in ancient Times the feveral Coun Mariners for the Fleet; by 7 & 8 W. 3. c. 21. it is en-
ties of England were liable to a particular Taxation acted, That all Seamen, Watermen, &c. above
for building Ships of War, and fitting out Fleets, the Age of eighteen Years, and under fifty, capable
every one in Proportion to their Extent and of Sea Service, who fhall regifter themfelves volun-
Riches; fo that the largeſt Counties were each of tarily for the King's Service in the Nary Royal, to
them to furnish a First-Rate Man of War, and the the Number of thirty Thoufand, fhall have paid to
others every one to build one in Proportion; but them the yearly Sum or Bounty of 40s. befides
this Method has been long difufed, and the Fitting their Pay for actual Service, and that whether
out our Navy for many Ages has been always thrown they be in Service or not; and none but fuch Mari-
into the publick Charge. King Edw. 3. in his Wars ners, &c. as are regiftred, fhall be capable of Prefer-
with France, had a Fleet of Ships before Calais, foment to any Commiffion, or be Warrant Officers in
numerous, that they amounted to feven hundred the Navy: And fuch regiftred Perfons are exempted
Sail: But King Hen. 8. it is faid, was the First that from ferving on Juries, Pariſh Offices, &c. alfo from
began to build a Navy Royal in England; he built Service aboard after the Age of fifty-five Years, un-
a Ship called the Great Henry of one thoufand lefs they go voluntarily; and when by Age, Wounds,
Tuns, the largest Ship that had been then feen or other Accidents, they are difabled for future
in this Kingdom, (though now our Firft-Rate Ships Service at Sea, they fhall be admitted into Green-
of War, contain at least two thouſand Tuns, are wich Hofpital, and there be provided for during Life:
mounted with above one hundred Cannon, and car- | And the Widows of fuch Seamen as ſhall be flain or
ry above one Thoufand Men.) He fitted out a drowned, not of Ability to provide for themselves,
Royal Fleet, conftituted a Navy Office, &c. And in fhall be likewife admitted into the faid Hofpital;
this King's Reign and the Reign of Queen Eliza and their Children educated, &c. But if any regi-
beth, our Royal Navy was in a moft flourishing Con- ftred Seamen fhall withdraw himself from the
dition, being moftly commanded by our valiant King's Service, in his Ships or Navy; or if any
Nobility; and it is remarkable, that there are fuch Mariner relinquifh the Service, without the
Lifts of the Fleets of Queen Elizabeth, which make Confent of the Commiffioners of the Admiralty, he
it appear there was but one private Gentleman fhall for ever loſe the Benefit of the Act, and be
a Captain, all the reft being Lords and Knights: compelled to ferve in his Majefty's Flect for fix
So high was the Efteem for Service at Sea in the Months without any Pay. By a fubfequent Statute
Days, when our Princes ruled with the moft con- 45 Anne, Watermen plying on the Thames be-
fummate Glory: But the Opinion of ferving at tween Gravefend and Windfor, on Notice given by
Sea in late Times having been very much leffened, the Commiffioners of the Admiralty to the Com
it has fince been declined by the Nobility and pany of Watermen, are to appear before the faid
Gentry. The Navy Royal of England is at this Time Company, to be fent to his Majesty's Fleet; or on
in a very flourishing State; for Number of Ship- Refufal, they fhall fuffer one Month's Imprifon-
ping, and Strength and Force of the Ships, it was ment, and be difabled working on the Thames for
never, perhaps, more formidable than now; and two Years. The Regiftring of Seamen is the grand
when compleat, it is divided into three Squadrons, Nurfery for the Fleet; but there are other Ways
diftinguished by the different Colours of the feveral and Means of fupplying Mariners for the Navy
Flags, viz. Red, White, and Blue; the principal Royal, and Training up of Perfons in the Sea Ser-
Commanders whereof bear the Title of Admiral, vice: For the Stat. 2 Ann. c. 6. provides, that poor
and each has under him a Vice-admiral, and a Boys, whofe Parents are chargeable to the Parish
Rear-admiral, who are likewife Flag-officers. may by Churchwardens and Overfeers of the Poor,
There are belonging to his Majefty's Navy, fix with the Confent of two Juftices of the Peace, be
great Yards, viz. Chatham, Deptford, Woolwich, Portf placed out Apprentices to the Sea-Service, until the
mouth, Sheerness, and Plymouth; fitted with feve- Age of twenty-one Years, they being thirteen
ral Decks, and furnished with Stores of Timber, Years old, at the Time of their Placing forth;
Mafts, Anchors, Cables, &c. And for the Ma- Thofe at eighteen Years of Age, may be impreffed
nagement of the Navy Royal, there are feveral for Service in the Fleet, when the Owners or Matters
Officers of Truft and Authority, befides the Com- of fuch of them as fhall prove qualified, fhall have
miflioners of the Admiralty; as the Treaſurer, able Seamen's Wages; and all Mafters and Owners
Controller, Surveyor, Commiffioners of the Navy, of Ships, from thirty to fifty Tuns Burden, are
L
:
required
1
?
NA
NA
!
<
required to take one fuch Apprentice, one more perior Officer acquainted with or receiving a Let-
for the next fifty Tun, and one more for every hun-ter, &c. from fuch Enemy in Perfon, do not in
dred Tun above the firft Hundred, under the Pc- convenient Time, make it known to the Admiral,
nalty of 10. Mafters of Apprentices placed out or Commander of the Squadron, fuch Perfons fhall
by the Parish, may with the Confent of two Ju- fuffer Death, or fuch Imprifonment as a Court Mar-
ftices, turn over fuch Apprentices to Mafters of tial fhall direct. 5. Relieving an Enemy, or Re-
Ships for the Remainder of their Terms: Lewd bel, fhall be punished with Death, or as a Court
and diforderly Servants, Vagrants, c. are to be Marshal fhall think fit. 6. All Writings found
taken up and fent to his Majefty's Fleet; and poor aboard any Prize, are to be fent up to the Court of
Priſoners for Debt, which were to have the Benefit Admiralty, or Commiffioners appointed for that
of 4 & 5 Anne, appearing on their Releaſement to Purpofe, on Pain of Lofs of the Takers Shares,
be able-bodied Seamen, were to enter themſelves and fuch farther Punishment as a Court Martial
in the Service. Thus is the Navy recruited with fhall inflict. 7. None fhall take any Goods out of
Mariners; not to mention particularly the Manner any Ship feifed as Prize, until Judgment in the Ad-
of Preffing in Cities and populous Towns, on ex-miralty, on Pain of fuch Punishment as a Court
traordinary Occafions. By a late Statute, Encou- Martial, or Court of Admiralty fhall impofe; ex-
ragement is given to Seamen to enter into his Ma- cept Goods upon and above the Gun Deck, other
jefty's Service voluntarily; Volunteers entring their than Arms, Ammunition, Furniture, &c. 8. None
Names with any Commiffion Officer of the Fleet, fhall fteal and imbezil any of the Ship's Furniture,
and forthwith proceeding towards their Ships, on
or Ammunition, on Pain of Death. 9. If Ships ta-
Certificate thereof fhall be intitled to Wages from ken as Prize, make no Refiftence, none of the
the Date of the Certificate, and be allowed the Captains, Mafters, or Mariners being Foreigners,
ufual Conduct Money, and alſo be paid an Advance fhall be evil treated, on Pain of double Damages.
of two Months Wages, &c. And if any Volunteer 10, Commanders, who upon a Profpe&t of Engage-
is turned over to another Ship, he fhall receive, ment, do not put Things in a Pofture for Fight,
over and above his Wages due, the like Advance of and encourage their Men fhall be caſhiered; and if
two Months pay, and not ſerve in a lower Degree they yield, or crave Quarter, they are to fuffer
than he did before. Perfons lifted on board Ships of Death, or fuch Purifhment as the Offence deferves.
War, are not to be taken thereout by any Procefs 11. All Perfons fhall obferve the Commands of the
at Law, unless it be for a criminal Matter; or Admiral, or other their Superiors, on Pain of
where the Debt amounts to 201. When Seamen die Death, 12. Officers and others that in Time of
on board, the Commander of the Ship fhall as foon Fight, do not their utmost to indamage the Ene-
as may be make out Tickets for their Pay, which my, and to relieve the King's Ships, Thall fuffer
fhall be paid to their Executors, &c. without tar- Death, or fuch other Ponishment as a Court Mar-
rying for the Ship's Return: And Seamen's Pay tial fhall think fit. 13. Captains, &c. appointed
for Convoy, that fhall not defend the Ships in
fhall not be bargained and fold; but Tickets may.
Governors and Confuls in foreign Parts, are to pro- their Convoy, or exacting Money from them be-
vide for Shipwreck'd Mariners at 6d. per Diem each, longing to Subjects, fhall make Reparation as the
and put them on board the firft Ships of War, &c. Court of Admiralty fhall judge, and fuffer Death,
and on fending Bills of Disbursements with Vouch or fuch other Punishment as the Court Martial
ers to the Commiffioners of the Navy, they fhall be hall order. 14. Whoever fhall forbear to purſne
paid. 1 Geo. 2. c. 19. Alfo the Pay and Wages of an Enemy, Pirate, &c. flying or beaten, or to re-
one Man in a hundred, of every Ship of War, and lieve a known Friend in View, fhall fuffer Death, or
Value of his Vi&uals, fhall be applied for relieving as a Court Martial, &c. 15. None fhall put back-
poor Widows of Officers of the Navy, by 6 Geo. 2. ward, or diſcourage Service and Action command-
A late Statute has ordained, that able Sea- ed, on any Pretence of Wages, upon Pain of Death.
men who voluntarily enter on Board Ships of War, 16. All that turn to the Enemy, and either run
fhall receive 51. befides their Wages, and ordinary away with their Ship, Ammunition, &c or yield it
Seamen 31. And if any Seaman, under a Com- up to the Enemy, fhall fuffer Death. 17. All Per-
miffion or Warrant Officer, that enters into the Ser- fons that defert their Employments, run away, or
vice, be killed or drowned, his Widow on Certificate entice others fo to do, are to fuffer Death. 18. Al
to the Commiffioners of the Navy that fhe's fuch, is Spics fhall be punished with Death. 19 None ſhall
to have by Way of Bounty, one Year's Wages, accor- utter Words of Sedition or Mutiny, nor make or
ding to the Pay for which he ſerved. 14 Geo: 2. c. 38. endeavour any mutinous Affembly, on Pain of
The Commiffioners of the Navy, &c. have Power to Death.
examine and punish all Perfons who make any Di-
fturbance, fighting or quarrelling in the Yards, and
Offices, &c. of the Navy: And in the 13th Year of
King Charles 2. an A& paffed for the regulating the
Government of the Fleet, which contains the particu-
lar excellent Articles and Orders following.
c. 25.
"
•
22 For
20. No Perfons fhall conceal traiterous or
mutinous Practices, or Words, to the Prejudice of
the King or Government; nor Words or Practices
tending to the Hindrance of the Service, but ſhall
reveal them to their Superior, on Pain of fuch Pu
nifhment as a Court Martial ſhall infli&t., 21. None
fhall quarrel with his Superior, on Pain of fevere
Articles and Orders for Government of the Navy, cfta- Punishment, nor ftrike any fuch, on Pain of Death,
bliſhed by 13 Car. 2. cap. 9. 1. Officers fhall caufe or as a Court Martial fhall determine.
the Worship of God, according to the Liturgy of Unwholfomeness of Victuals, or other juft Caufe,
the Church of England, to be performed in their Complaint fhall be made by each Man to his Supe-
Ships, and Prayers and Preaching by the Chaplains ior; but none fhall privately attempt to make
in Ordinary, and take Care that the Lord's Day Disturbance, on Pain of fuch Punishment as a
be obferved. 2. They that ufe unlawful Oaths, Court Martial, &c. 23. Noné fhall quarrel or fight, or
Curfings, Execrations, Drunkennels or Unclean-ufe provoking Speeches, on Pain of Imprisonment.
nefs, &c. fhall be fined, imprisoned, or otherwife
puniſhed as a Court Martial fhall think fit. 3. If
any give Intelligence to Enemies, &c. without
Leave from the King, Admiral, Vice-admiral or
Commander in Chief of any Squadron, they fhall
fuffer Death. 4. If any Letter or Meffage come
from an Enemy to any inferior Officer, or other
Perfon, and he acquaints not his Superior with it
in twelve Hours, having Opportunity; or if a Su-
J
24. There fhall be no wasteful Expence, nor Imbe-
zilment of any Stores in the Fleet; under fuch Pe-
nalties by Fine, Imprifonment, or otherwife, upon
the Offenders, Buyers and Receivers, as a Court
Martial fhall think fit. 25. They through whoſe
Default any of the King's Ships are ftranded, split
or hazarded, fhall be fined and impriſoned; or o-
therwife punished at the Diferetion of a Court Mar-
tial. 26. Thoſe that wittingly fet on Fire any Ship,
'or
1
4
{
NE
NE
83, 84. The Writ runs, Prohibemus vobis, Ne admira
tas, &c. *
•
·
or other Veffel, their Stores or Furniture, nor ap-
pertaining to an Enemy, fhall fuffer death. 27. No
Man fhall fleep on the Watch, or forfake his Sta- Beat, Is the Weight of a pure Commodity alone,
tion, on Pain of Death, &c. 28. Murders and wil-without the Cask, Bag, Drois, &c. Merch. Di&t.
ful Killing ſhall be punished with Death. 29. Röb- Pecellity. If a Fire happen in a Street, a Per-
bery and Theft ſhall be punished with Death, or as fon may juttify the pulling down a Wall or Houſe
a Court Martial, &c. 30. Sodomy and Buggery of another Perfon, to prevent its fpreading; it be-
fhall be punished with Death without Mercy. 31. ing a Cafe of Neceffity. Staundf. P. C. And where
No Provolt Martial fhall refufe to receive any Pri-feveral Perfons are in Danger of Drowning, one to
foner, nor fuffer him to efcape, on Pain of fuch fave his Life may thruft another from the Boat's
Puniſhment, as ſhould have been inflicted on the Side, . for the Neceffity of it. Bac. 25. And we
Party, or as a Court Martial, &c. 32. All Perfons have a Maxim in our Law; Neceffitas non habet
fhall endeavour to apprehend Offenders, and affift Legem. Co Lit.
the Officers thereto appointed, on Pain, of fuch De creat Begnum, Is a Writ to reſtrain a Per-
Puniſhment as a Court Martial fall inflict. 33. All fon from going out of the Kingdom without the
Misdemeanors not here mentioned, fhall be pu- King's Licence. F. N. B. 85. It may be directed
niſhed according to the Laws and Cuftoms ufed at to the Sheriff to make the Party find Surety that
Sea. 34. The Admiral may grant Commiffions to he will not depart the Realm; and on his Refufal,
Vicc-Admirals, and Commanders of Squadrons, to to commit him to Prifon: Or it may be directed to
call Courts Martial of Commanders and Captains, the Par:y himself; and if he then
for Trial of Offences: No Court Martial fhall in- fined.
may be
goes, he
2 Inft. 178. And this Writ is granted on a
Ait Death, that confifts of less than five Captains; Suit's being commenced against a Man in the Chan-
and the Admiral's Lieutenant fhall be as Captain cery, when the Plaintiff fears the Defendant will Ay
for this Purpoſe: Alfo no Execution of any Sento fome other Country, and thereby avoid the Ju-
tence of Death by Virtue of thefe Articles, (except ftice and Equity of the Court; which hath been
in Cafe of Mutiny) fhall be had without Leave of fometimes practifed: And when thus granted, the
the Admiral, if the Offence be committed within Party muff give Bond to the Mafter of the Rolls
the narrow Seas; and if elsewhere, not without Or- in the Penalty of 1000 l. or fome other large Sum,
der of the Commander of that Squadron where the for yielding Obedience to it; or fatisfy the Court
Sentence is is paffed. 35. The Judge Advocate, and by Anfwer, Affidavit, or otherwife, that he hath
in his Abfence whom the Court Martial fhall ap no Defign of leaving the Kingdom, and give Secu-
point, may adminifter an Oath in order to the Ex-rity therefore. Practif Solic. 129.
amination or Trial of thefe Offences. 36. This A&num has been granted to ſtay a Defendant from
A Ne exeat Reg
fhall give Jurifdi&tion only for fuch of the Ofing to Scotland; for though 'tis not out of the King-
fences aforefaid as fhall be committed on the Sea, dom, yet it is out of the Procefs of the Court,
or Streams of great Rivers beneath the Bridges near and within the fame Mifchief. 2 Salk. 702. 3 Mɔd.
the Sea, within the Jurifdi&tion of the Admiralty, 127, 169. 4 Mod. 179. If the Writ be fued for the
by Perfons in Service and Pay in the Fleet or Ships King, the Party against whom fued may plead Li-
of War. And by the 4 & 5 W. & M. all Offences cence by Letters Patent, &c. which ſhall diſcharge
committed contrary to the Stat. 13 Car. 2. may be him: But where any Subjc& goes beyond Sea with
tried and determined in the King's Bench Court at the King's Licence, and continues longer than his
Weftmirfter, or before Juftices of Oyer and Terminer, appointed Time, it hath been held he lofes the Be
according to the Common Law; and thefe Courts nefit of a Subje&t. 4 Leon 29. And if a Perfon be-
inflict fuch Penalties as are appointed by the yond Sea refufes to return into England on the
ſaid A&: And where any of the faid Offences are King's Letters under his Privy Seal, commanding
committed out of the Realm, the fame may be al-him upon his Allegiance to return; being certified
ledged and laid in any County within this Realm: into the Chancery, a Commiffion may be awarded
But no Perfon who fhall be tried in a Court Martial, to feife his Lands and Goods for the Contempt; and
ſhall for the fame Offence be again tried by Virtue fo it is if fuch Perfon's Servants hinder a Meffenger
of this Statute; nor fhall any Perfon tried by Vir- from delivering his Meffage, on Affidavit of it,
tue of this A&t, be tried again by a Court Martial.c. Fenk. Cent. 246. 3 Nelf. Abr. 211.
See Fugi-
4 & 5 W. & M. cap. 25. If any Perfons in actual tives.
Service in Ships of War, fhall commit any of the Regative, A Negative cannot be proved or tefti-
Crimes mentioned in the Articles 13 Car. 2. c. 9.fied by Witneffes, only an Affirmative. 2 Inft. 662.
upon the Shore in any foreign Parts, they fhall be
punished in the fame Manner as if the Offences had
been done upon the Sea. Star. 6 Geo. I. c. 19.
may
go-
Negative by collateral Teftimony, that at that very
Time he was at Exeter, &c. in fuch a Houfe, and
in fuch Company. Fortefcue 37.
Though a Negative is incapable of being proved di-
re&tly; yet indirectly 'tis otherwife: For in Cafe
one accuſes B. to have been at York, and there had
Ne admittas, Is a Writ directed to the Bishop, for committed a certain Fact, in Proof of which he
the Plaintiff or Defendant, where a Quare Impedit produces feveral Witneffes; here B. cannot prove
or Affife of Darrein Prefentment is depending, when that he was not at York, against pofitive Evidence
either Party fears that the Bishop will admit the o-that he was; but fhall be allowed to make out the
ther's Clerk during the Suit between them: It
ought to be brought within fix Kalendar Months af-
ter the Avoidance, before the Bishop may prefent
by Lapfe; for 'tis in vain to fue out this Writ when Negative pregnant, (Negativa pregnans) Is a Ne-
the Title to prefent is devolved unto the Bishop.gative, which implies or brings forth an Affirmative;
Reg. Orig. 31. F. N. B. 37. Writ of Ne admittas doth
not lic, if the Plea be not depending in the King's
Court by Quare Impedit, or Darrein Prefentment; and
therefore there is a Writ in the Regifter dire&ted
to the Chief Juftice of C. B. to certify the King
in the Chancery, if there be any Plea before him and
the other Judges between the Parties, &c. So that
the Writ ſhould not be granted until that be done:
But yet it may be had our of the Chan ery before
the King is certified that fuch Plea of Quare Impedit
is depending; and then the Party grieved may re-
quire the Chief Juftice to certify, &c. New Nat. Br.
and is faid to be where a Negative carries an Affir-
mative in his Belly. Lit. Rep. 65. Where an Action
is brought against a Man, and he pleads in Bar of
the A&tion a Negative Plea, which is not fo fpecial
an Anfwer to the Action, but it includes alfo an
Affirmative; this is a Negative pregnant: As for In
ftance, he in Reverfion brings a Writ of Entry in
cafu Provifo, upon an Alienation made by Tenant
for Life, fuppofing that he has aliened in Fee;
which is a Forfeiture of his Eftate: If the Tenant
comes and pleads that he hath not aliened in Fee;
this is a Negative, wherein is included an Affirma-
6 R
tive;
{
:
NE
NE
tive, for though it be true, (that he hath not alien-
ed in Fee, yet it may be he hath aliened in Tail,
which is allo a Forfeiture of his Eſtate. 2 Lill. Abr.
212. If a Breach be affign'd that a Man was no
leifed of an Eltate in Fee; and the Bar is, that he
was feiled, &c. notwithſtanding any A& done by
him; this is Pregnant and uncertain, Litt. Rep. 64.
And if a Perfon being impleaded to have done a
Thing on fuch a Day, or in fuch a Place, de-
hieth generally, without faying anyThing more,
that he did it on the Day, &c. it is a Negative
Prepnant, as it implieth nevertheless, that in fome
Sort he did it. Dyer 17. A Negative Pregnant is a
Fault in Pleading; and there must be a Special
Demurrer to a Negative Pregnant Plea, &c for the
Court will intend every Pleading to be good, 'till
the contrary doth appear. Mich. 23 Car. 1. B.
Sce 2 Leon. 248,
*
Reggildare, Signifies to claim Kindred. Leg. H. 1.
..70. LL. Ina, Sect. 7, 8.
*
|
rebus fuis perquifitis & perquirendis predicto Domino Rc-
berto vel fuis affignatis libere, quiete, bene & in pace
imperpetuum, &c. In cujus, obiis TeflibusDat
apud L in die Santi Laurentii Martyris, Anno
13 Ed 3. See Nativi.v
Reifty. There wasian antient Writ called Writ
of Niefty, whereby the Lord claimed fuch a Woman
for his Nief; but it is now out of Ufe!
Neighbour, (Vicinus) One that dwells near an-
other. Sec Vicinage.
De injufte Weres, A Writ founded on the Sta-
tute of Magna Charta, c. 10. that lies for a Tenant
diftrained by his Lord, for more Services than he
ought to perform; and is a Prohibition to the Lord
not to diftrain on vex his Tenant: In a fpecial Ufe,
it is where the Tenant hath prejudiced himself, by
Rdoing greater Services, or paying more Rent, with-
our Conftraint, than he needed; for in this Cafe, by
Reafon of the Lord's Seifin, the Tenant cannot a-
void it by Avowry, but is driven to his Writ for
Negligence, Is where a Perfon neglects or omits Remedy, Reg. Orig 4 E N. B. 10 And. if the
to do a Thing which he is by Law obliged to. Lord diftrains to do other Services, or to pay other
And where one has Goods of another, to keep till Rent than due, after the Prohibition delivered un-
fuch a Time, and hath a certain Recompence or to him, then the Tenant ſhall have an Attachment
Reward for the Keeping, he shall ftand charged against the Lord, c. and when the Lord cometh
for Injury by Negligence, &c. But if he hath no-thereon, the Tenant fhall count againſt him, and
thing for Keeping them, he is not bound to answer. put himself upon the Grand Affife, &c. whereupon
Doct. & Stud. 269. A Man that finds another's Judgment fhall be given. New Nat. Br. 22.
Goods, if they are after hurt by wilful Negligence, Writ is always Anceftrel, where the Tenant and his
'tis held he is chargeable to the Owner; though it is Ancestors have holden of the Lord and his Ance-
oherwife when they are loft by Cafualty, as in Cafe ftors; and the Lord hath incroached any Rent, &c
they are laid in a Houfe that is accidentally burnt, A Feoffee shall not avoid Seifin of Rent had by In-
or if he deliver them to another to keep, who croachment of his. Feoffor, nor have the Writ Ne
runs away with them, &c. Ibid. It is held if an injufte Vexes; also a Man fhall not have a Writ of
Accountant be robbed, and it is without his Default Ne injufte Vexes against the Grantee of the Seigniory.
and Negligence, he fhall not be answerable for the Mich SE 2. 10 Ed. 3. And Tenant in Tail may
Money. 1 Inft. 89. A Right may be loft by Negli- not have this. Writ; but fhall plead and fhew the
gence; as where an Action is not brought in the Matter, and not be eftopped by the Payment of his
Time appointed by the Statute of Limitations, &c. Anceitors, &c. Trin. 20 Ed 3
¡21 Fac. 1. cap. 16.
•
1
Form of the Writ Ne injufte Vexes.
This
EORGE the Second, &c. To A.B. Greet-
Negro. By the Laws of Virginia, Negro Servants
are faleable; and where a Negro is fold here, in
Action Indebitat. Affumpfit for the Money, the Decla
that the Defendant was indebt-
ration ought to be that the Defend hot was London, Ging. We command Lou, that you do not, vere fr
but the faid Negro at the Time of Sale was in Vir- trouble C. D. or fuffer him to be vexed, for his Freehold
ginia, and that by the Laws and Statutes of Vir- Meffuage, &c, which he holds of you, in, &c. Nor in
ginia, Negroes are faleable as Chartels. Per Holt. C. J.any Manner exact, or permit to be exacted from him Ser-
2 Salk. Rep. 666. In Action of Trover for a Negro, vices which therefore he ought not to do, (or Rent which
and Verdict and Damages for the Plaintiff; it was he owes not) nor has been accustomed, &c.
moved in Arreft of Judgment, that Trover lay not
for a Negro, for the Owner had not an abfoluté Pro-
in him: But the Court feem'd to think that
perty
in Treſpaſs Quare Captivum fuum cepit, the Plaintiff
might give in Evidence that the Party was his Ne-
gro, and he bought him. Ibid. See Stat. 13 Geo. I.
・cap. 9.
哆
​Nemine contradicente, Words used to fignify the
unanimous Confent of the Members of the House of
Commons, to a Vote or Refolution of that Houfe.
Ne recipiatur, Againſt the receiving and fetting
down a Caufe to be tried. 2 Lill. Abr Sec Trial.
Be Wicecomes, Colore Mandati Regis, quenquam
amoveat a poffeffione Ecclefia minus jufte. Reg. Orig. 61,
Newcattle. No Perion fhall fhip, load or unload
any Goods, to be fold into or from Ships at any
Place on the River Time, but at the Town of New-
cafile, in Pain to forfeit the Goods: And none fhall
raife any Wear in the Haven there, between cer-
intain Places on the faid River, &c. Stat. 21 H 8. c. 18.
At Newcastle upon Tine, if a Trial be had between
two Inhabitants of the Place, and the Damages not
exceeding 40 s, the Plaintiff is to have no Judg-
ment, but the Defendant fhall have Cofts: By a
private Act of Parliament. 5 Mod. 367. See Coals.
Deif, (Fr. Naif, i.e. Naturalis, Nativa) Wasa Bond-
Woman or fhe Villein, born in one's House, men-
tioned in the Stat. 9 R. 2. c. 2. If a Bond-Woman
married a Free-man, he was thereby made free;
and being once free, and difcharged of Bondage,
fhe could not be Nief after, without fome fpecial
A& done by her as by Divorce, Confeffion
Court, &c. And a free Woman taking a Villein to
her Husband, was not thereby Bond; but their If
fue were Villeins as their Father was, though this
is contrary to the Civil Law, which fays, Partus
fequitur Ventrem. Terms de Ley 454 Antiently Lords
of Manors fold, gave, or affigned their Bondmen Pewfound-Land. Perfons trading to Newfound-
and Niefs, as appears by the following Deed of land, fhall have Freedom of Fishing, c. And eve-
Gift. Sciant quod ego Radulphus de C. Miles ry fishing Ship as first enters any Harbour or Creek
Dominus de L. Dedi Domino Roberto de D. Beatricem in Newfound land, shall be Admiral of the faid
filiam Will. H. de L. quondam Nativam meam, cum Harbour for that Scafon, and determine Diffe-
tota fequela fua & omnibus Catallis fuis perquifitis &rences between the Mafters of fishing Veffels and
perquirendis; Habend & Tenend. prædi&tam Beatricem the Inhabitants there, &c. Stat. 10 & 11 W. 3.
cum tota fequela fua & omnibus. Catallis fuis & omnibus cap. 25...
2
Revos.
!
$
A
NI
NI
Petos. Perſons. reporting falfe News or Tales,
are Punishable by Statute, 3 Ed. t. c. 34. Sce Scan-
dalum Magnatum.
News Papers, For Journals or other News Pa-
pers, a Duty of 1 d. is to be paid for every Sheet;
and every half Sheet one Half-penny, levied and
fubject to the fame Penalties as by 10 Ann. under
Printing. Stat. 11 Geo. 1. cap. 8. And Perfons felling
any News Paper, not being ftamp'd or mark'd as
directed, a Juftice of Peace may commit them to
the Houfe of Correction for three Months; and a
Reward of 20 is to be paid for apprehending
any fuch Offender, 16 Geo. 1, c: 26.
+
Niderling, Nidering, or Nithing, A vile bafe
Perfon, a Sluggard. Will. of Malmsb. pag. 121. Mat
Parif. Ann. 1088.
#
▼
in Execution, the Plaintiff muft declare upon the
Judgment, and yet Nil debet per Patriam is a good
Plea. 1 Saund. 38. It is entered thus: Et præd.
A. B. per, c. Attorn. fuum ven. & defend. vim & in-
jur. quando, &c. Et dicit quod ipfe Non debet præfat.
A. B. vigint. libr. nec aliqu. denar. fum. in forma prout
pred. A. B. fuperius verfeum narravit, &o.
1
Nil habuit in Tenementis, A Pica to be plead-
ed in an Action of Debt only, brought by a Lef-
for against Leffee for Years, or at Will, without
Deed, 2 Lill. Ab. 214. In. Debr. for Rent upon an
;
Indenture of Leafe, Nil habuit in Tenementis may not
be pleaded; because it is an Estoppel, and a general
Demurrer will ferve. 3 Lev. 146. But if Debt is
brought for Rent upon a Deed Poll, the Defendant
my plead this Plea: And where a Defendant plea-
Nient compile, Is an Exception taken to a Pe-ded Nil habuit in Tenementis tempore Dimiffionis; the
tition, becauſe the Thing defired is not contained
in that Deed or Proceeding whereon the Petition is
founded: For Example; One defires of the Court
wherein a Recovery is bad of Lands, &c. to be
put in Poffeffion of a Houfe, formerly among the
Lands adjudged unto him; to which the adverfe
Party pleads, that this is not to be granted, by
Reafon this Houfe is not comprised amongst the
Lands and Houſes for which he had Judgment.
New Book Entries:
Pient dedive, Signifies to fuffer Judgment to
had againſt one, by not denying or oppofing it, i.
by Default. 29 Car. 2.
Plaintiff replied, Quod habuit in Tenementis, &c. and
Verdict and Judgment was had for the Plaintiff;
whereupon Writ Error being brought, it was af
figned for Error, that the Replication was not
good, for he ought to have fhewn what Eltate he
then had; and of that Opinion was the Court; and
it had been naught upon a Demurrer, but being af
ter a Verdict, it is good. Cro. fac. 312. If a lefs
Eftate is found than the Plaintiff pleads in his Re-
ply to a Nikhabuit, &c. So as it be fufficient to in-
title the Plaintiff to make a Leafe, it is good e
enough. To.3.:
be
Piger Liber, The Black Book or Regifter in the
Exchequer is called by this Name.
tanter.
Nightwalkers, Are fuch Perfons as fleep by
Day and walk by Night, being oftentimes Pilferers,
or Diſturbers of the Peace. 5 Ed. 3. c. 14. Conftables
are authorized by the Common Law to arrett Night-
walkers and fufpicious Perfons, &c. Watchmen may
alfo arreft Nightwalkers, and hold them until the
Morning: And it is faid, that a private Perfon may
arreft any fufpicious Nightwalker, and detain him
till he give a good Account of himself. 2 Hawk, P. C.
61, 80: One may be bound to the good Behaviour
for being a Nightwalker; and common Nightwalkers
and Haunters of Bawdy-houſes are to be indicted
before Juffices of Peace, &c. 1 Hawk. 132. 2 Hawk.
40. Latch 173. Poph: 280. But 'tis held not lawful
for a Constable, &c. to take up any Woman, as a
Nightwalker, on bare Sufpicion only, of being of ill
Fame; unleſs fhe be guilty of a Breach of the
Peace, or fome unlawful Act, and ought to be found
mifdoing. Holt's MS. See 2 Hale's Hift. P. C. S9.
Nihil capiat per reve, or per Billam, Is the
Judgment given against the Paintiff in an Action,
either in Bar of his Action, or in Abatement of his
Writ or Bill, &c. Co. Lit. 363.
7
-
}
· Nifi príus, Is a Commiffion to Juftices of Nifi
Prius; fo called from a Judicial Writ of Diftringas,
whereby the Sheriff is commanded to diftrain the
Right, Is when it is fo dark, that the Counte-impanelled Jury to appear at Westminster before the
nance of a Man cannot be difcerned; and by. Juftices at a certain Day in the following Term, to
fome Opinions, Burglary in the Night may be comtry fome Caufe, Nifi prius fuftic. Domini Regis ad Af-
mitted at any Time after Sun-fet, and before Ri | fifas capiend. venerint, viz. unleſs the Juftices come
fing. H. P. C. 79. 3 Inft. 63. 1 Hawk. 101. See Nor-before that Day to fuch a Place, &c. 2 Inft: 424.
4 Inft. 159. · A Writ of Nifi prius is where an Iffue
is joined, then there goes a Venire to fummon the
Jury to appear at a Day in Court; and upon the
Return of the Venire, with the Panel of the Jurors
Names, the Record of Nifi prius is made up and
fealed, and there goes forth the Writ of Liftringas
to have the Jurors in Court, Nifi prius Fuftic vene-
rint, &c. fuch a Day in fuch a County, to try the
Iffue joined between the Parties. 2 Lill. 215. A Re-
cord of Nifi prius ought to contain a Tranfcript of
the whole Iffue-Roll; and no Record of Nifi prius
for the Trying an Iffue at the Affifes, fall be feal-
ed after a Month next following the End of the
Term; which Time is by a late Order of Court
altered to three Weeks. Ibid. All Civil Caufes grown
to Iffue in the Courts at Westminster, are brought
down in the Vacation before the Day of Appearance
appointed for the Jury above, into the County
where the Action was laid, to be tried there;
which is ufually done in two or three Days: And
then upon the Return of the Verdict given by the
Jury to the Court above the Judges there give
Judgment for the Party for whom the Verdict is
found: And thefe Trials by Nifi prius are for the
Eafe of the Country, the Parties, Jurors, and
Witneffes, by faving them the Charge and Trouble
of coming to Westminster; but in Matters of great
Weight and Difficulty, the Judges above, upon Mo-
tion and Information, will often retain Caufes to be
tried there, though laid in the Country, and then
the Juries and Witneffes in fuch Caufes must come
up to the Courts at Westminster for Trial at Bar:
And the King hath his Election to try his Suits at
the Bar, or in the Country, &c. Wood's Inft. 479;
The Statute of Weftm. 2. 13 Ed. 1. c. 30. having or-
dained, that all Pleas in either Bench, which re-
Nil Debet, Is a common Plea to an A&tion of, quire only an eafy Examination, fhall be determi-
Debt, when the Money is paid: But 'tis no Plea inned in the Country before Juftices of Affife, by
Covenant, or Breach affigned for Non-payment of
Rent, &c. 3 Lev. 170. If A&tion of Debt be brought
against a Sheriff or Gaoler, for the Efcape of one
•
Nihil dicit, Is a Failing by the Defendant to put
in an Anſwer to the Plaintiff's Plea by the Day at
figned; which being omitted, Judgment is had a-
gainst him of Course, as saying nothing, why it ſhould
not: Theſe Words are generally writ fliort Nil di-
cit, Exc.
A
Nihils or Nichils, Are Iffues which the Sheriff
that is appofed in the Exchequer fays, are Nothing worth,
and illeviable, for the Infufficiency of the Parties |
from whom due. Practice Excheq. pag. 101. Aecounts
of Nihil fhall be put out of the Exchequer. Stat.
5 R. 2. c. 13.
Virtue of the Wric appointed by that Statute, com-
monly called the Writ of Nifi prius; it has been
held, that an Iffue joined in the King's Bench upon
an
+
1
i.
NO
NO
#
ミ
​an Indiament or Appeal, whether for Treafon or Shillings and eight Pence Value, being a third Part
Felony, or a Crime of an inferior Nature, commit-of twenty Shillings. Merch. Di&t.
ted in a different County from that wherein the Motanter, Is the Name of a Writ iffuing out of
Court firs, may be tried in the proper County by the Chancery, and returnable in the King's Bench,
Writ of Nifi prius: But as the King is not exprefly given by the Statute Weftm. 2. 13 Ed. 2. c. 46. By
named in this Statute; and it is a general Rule, Virtue of which Stature, where any one having
that he ſhall not be bound except named, it is ſaid Right to approve Wafte Ground, c. makes and e-
where the King is Party a Nifi prius ought not to rects a Ditch or an Hedge, and it is thrown drown
be granted, without his ſpecial Warrant, or the Af in the Night time, and it cannot be known by a
fent of his Attorney; though the Court may grant Verdi&t of Affife on a Jury, by whom; if the
it in Appeals in the fame. Manner as any other Ac- neighbouring Vills will not indict fuch as are guilty,
tions. 2 Inft. 424 4 Inft. 160. Dyer 46. 2 Hawk. P. C. they fhall be diftrained to make again the Hedge
411. Juftices of Nifi prius have Power to record, or Ditch at their own Cofts, and to answer Dama-
Nonfuits and Defaults in the Country at the Days ges. 2 Inft. 476. And the Noctanter Writ thereupon
affigned; and are to report them at the Bench, &c. is directed to the Sheriff of the County, command-
And are to hear and determine. Confpiracy, Confe-ing him by the Oath Prohorun & legalium homi-
deracy, Champerty, &c. by 12 Ed. 2. c. 4. 4 Ed. 3. num Com. predict' Inquirer. qui Malefactores & pacis
c. 11. Nifi prius fhall be granted in Attaints; but Dom. Regis perturbatores apud, &c. Sepes & Foffata
that which cannot be determined before the Juftices A. B. ibidem per ipfum nuper levat' Notanter aut
upon the Nift prius, fhall be adjourned to the Bench tali tempore quo facta eorum fiiri non credebant pro-
where they are Juftices: And the Juftices before ftraver. ad dampnum præd. A. B. & contra Pacem Dom.
whom Inquifitions, Inquefts, and Juries, fhall be Regis, &c. And on the Return of this Writ by the
taken by the King's Writ of Nifi prius, are impow- Sheriff, that the fame is found by Inquisition, and
er'd to give Judgment in Felony and Treafon, &c. the Jury are ignorant who did it; the Return being
and to award Execution by Force of their Judg. filed in the Crown-Office, there goes out a Writ of
ment. Stat. 5. Ed. 3. 14 Hen. 6. cap. 1. It was held Inquiry of the Damages, and a Diftringas to the
by Hale, that the Juftices of Nifi prius have not any Sheriff to diftrain Propinquas Villatas fepes & Fenfuras
original Power of determining Felony, without fpe- prad. circumadjacentes fepes, &c. próftrat. Levare ad Cu-
cial Commiffion for that Purpofe; and by Virtue of ftos fuos proprios, and alfo to reftore the Damages, &c.
the Acts 27 Ed. 1. & 14 H. 6. they have Authority The circumadjacent Vills intended by the Statute,
to determine fuch Felonies only, as are fent down are the contiguous Vills round the Place; and if
to be tried before them; in which Cafe on Remo- they are not contiguous, they are not guilty, and
val of the Indi&ments, they may proceed to Trial may plead fo: And when other Vills near of as
and Judgment as if Juftices of Gaol-Delivery. 2 great Value, by Favour or Negligence of the Sherif
Hale's Hift. P. C. 41. The Chief Juftice of the are not fummoned, &c. they may plead as Ter e-
King's Bench, Chief Justice of the Common Pleas, nants do, where all are not fummoned. As to the
and Chief Baron of the Exchequer, and in their Ab- Pleadings to this Writ, where more Damages are
fence two other of the Judges, &c. as Juftices of found than there ought to be; the Defendants may
Nifi prius for the County of Middlefex, fhall try by Proteftation deny the Fact, or confefs and aver
Caufes upon Writs of Nifi prius on Iffues joined in that the Damages were but finall; and traverse that
B. R. and C. B. and the Exchequer, which were for- the Party fuftinuit damna to the Sum found, or any
merly only triable at Bar, in the Term time, or other Sum beyond what they admit; or may plead
four Days after each Term. 18 Eliz. c. 12. And the Not guilty, and in their Defence any Matter which
Time is inlarged to eight Days after the End of will be a Bar to the Profecutor, but Satisfaction.
any Term; allo any one Judge or Baron may try 2 Lill. Abr. 217. Here if the Vills repair, Damages
Iffues, &c. according to the Statute 18 Eliz. in the ought not be given to the Value of the Repairs;
Abfence of the Chiefs, and all Sheriffs, Officers, and if the Vills which are liable there to have re-
Parties and Witneffes, are required to give Atten-paired, it ought fo far to help them in the Trial of
dance, &c. by the 12 Geo. 1. c. 31. The Authority the Quantum damnificatus, that the other Damages
of Juftices of Nifi prius in the Country, is annexed
to the Juftices of Affile: And the Court above will
take judicial Notice of what is done at Nifi prius;
being entered on Record. 2 Hawk. 409. Sec
Affife.
Rivicolini zitoncs, Is ufed for Welshmen; be-
caule in Carmarthenshire and other Northern Counties
of Wales, they lived near high Mountains covered
with Snow.
Cum adverfus Nivicolinos Bri-
toncs Regia effet Expeditio. Du Cange.
Mobility, (Nobilitas) Signifies a Nobleness of Birth,
Generofity or Greatnefs of Mind, Excellence of
Virtue: According to Juvenal,
Nobilitas fola eft atque unica Virtus.
A Nobleman among all Men is defined to be a Perſon,
that hath a certain Eminency above the Reft; one
who is known by the heroical Virtues of his Life;
And the Nobility with us comprifeth all Degrees of
Dignity above a Knight; and is derived from the
King, who may grant it in Fee, or for Life, &c.
See Peers of the Realm.
Noble, Was an ancient Kind of English Money,
in Ufe in the Reign of K. Ed. 3. And Knighton
tells us, the Rofe Noble was a Gold Coin current in
England about the Year 1344. At this Day there is
no peculiar Coin of that Name; but a Noble is fix
ought only to be confidered. Ibid. The Charges of
the Defence for the feveral Vills must be raised by
Agreement; and if they cannot agree, each Vill is
to bear their own Charges, as in Cafe of a Suit a-
gainst a Hundred, till Execution; and then the S:a-
ute of 27 Eliz. hath provided a Remedy. The Writ
of Noanter, by the better Opinion, lies for the Pro-
ftration as well of all Inclofures as thofe improved
out of Commons; but if it be not in the Night, this
Writ will not lie: And there ought to be a conve-
nient Time (which the Court is to judge of) before
the Writ is brought, for the Country to inquire of
and indict the Offenders; which Sir Edw. Coke fays
ſhould be a Year and a Day. 2 Inft. 416. Cro. Car.
440. 1 Keb. 545. And if any one of the Offenders
be indicted, the Defendants must plead it, &c.
The Word Noanter is fo neceflary in an Indi&-
ment of Burglary, that it hath been-adjudged inſuf-
ficient without it.
Cro. El. 483.
Poles & Potem de firma. In the Book of Domes
day we often meet with Tet Notes de firma, or fir-
ma tot Noctium; which is underfood of Entertain-
ment of Meat and Drink for fo many Nights: For
in the Time of the English Saxons, Time was com-
pured nor by Days, but Nights; and fo it continued
till the Reign of King Hen. 1. as appears by his
Laws, cap. 66, 76. And from hence it is ſtill uſual
to lay a Sevenight, i. c. Septem Nocles, for a Weck;
1
2
and
ΝΟ
NO
and a Fortnight for two Weeks, i. e. Quatuordecim
Notes.
Nodkys or Nedfrí, (Sax.) The learned Spelman
lays is derived from the old Saxon Neod, obfequium
& Fry, Ignis, and fignified Fires made in Honour
of the Heathen Deities. But by others it is faid to
come from the Saxon Neb, that is neceffary; and
was uſed for the neceffary Fire.
7
the Informer. I Leon. 119. And if an Informer
caufe a Nolle Profequi to be entered, the Defendant
fhall have Cofts, . by Star. 4 & 5 W. & M. Keble
mentions a Nolle Profequi on Retraxit by Attorney
3 Keb. 332.
Nomenclatos, One that opens the Etymologies
of Names, interpreted Thefaurarius by the learned
Spelman. Cowel.
Romina illarum. King Edw. 2. fent his Let-
ters to every Sheriff in England, requiring an exact
Account and Return into the Exchequer of the Names
of all the Villages, and Poffeffors thereof in every
County; which being done accordingly, the Re-
turns of the Sheriffs all joined together, are called
Nomina Villarum, ftill remaining in the Exchequer.
Anno 9 Ed. 2.
Molle profequi, Is ufed in the Law, where a Pomination, (Nominatio) Is a Power that a Man
Plaintiff in any Action will proceed no further, and hath, by Virtue of fome Manor or otherwife, of ap-
may be before or after a Verdict; though it is ufu-pointing a Clerk to a Patron of a Benefice, by him
ally before: And it is then ftronger againſt the Plain- to be prefented to the Ordinary. The Right of
tiff than a Nonfuit, which is only a Default in Ap- Nomination à Man may have by Deed; and in fuch
pearance; but this is a voluntary Acknowledgment, Cafe, if the Patron refufe to prefent the Nominee,
that he hath no Caufe of A&tion. 2 Lill. 218. A or prefents another, he may bring a Quare Impedit;
Plaintiff comes by his Attorney hic in Curia & fate for he who is to preferit, is only an Inftrument to
tur fe ulterius Nolle Profequi; whereupon Judgment him who nominates; and the Perfon who hath the
was given, That the Defendant eat fine Die, and no Nomination is in Effect the Patron of the Church.
Amercement upon the Plaintiff: This was held er- Plowd. 529. Moor 47: A Nominator must appoint his
roneous; for the Plaintiff ought also to be amerced. Clerk within fix Months after the Avoidance; if
8. Rep. 58. Where there are two Defendants, and he doth not, and the Patron prefents his Clerk be-
one pleads Not guilty, and the other another Plea; fore the Bishop hath taken any Benefit of the Lapſe,
if upon a Demurrer there is a Judgment for the he is obliged to admit that Clerk: But where one
Plaintiff against one on the Demurrer, and a Nolle hath the Nomination, and another the Prefentation,
Profequi for the other, there it ought to be eat fine if the Right of Prefentation fhould afterwards come
Die, or it is ill; and the Entry of Quod eat fine Die to the King, it is faid he that hath the Nomination
is a Difcharge to the Defendant. Cro. Fac. 439. Hob. will be intitled to the Prefentation allo; becauſe
180. In an Action brought against three Perfons, the King who fhould prefent cannot be fubfervient
one of them pleads the General Iffue, and the other to the Nominator, it being contrary to his Dignity.
Specially; the Plaintiff demurs on the Special Plea, Hugh's Parf. Law 76, 77% Right of Nomination may
and tries the General Iffue, on which he hath a be forfeited to the Crown as well as Prefentation;
Verdict and Judgment; but before Judgment on where the Nominator corruptly agrees to nominate
the Demurrer he enters a Nolle Profequi as to the within the Statute of Simony, &c.
Demurrer: And it was adjudged, that if the Nolle
Profequi had been entered before the Verdict and
Judgment, it had difcharged the whole Action;
being in Nature of a Releaſe in Law to the others
So alfo if Judgment had been against all the Defen-
dants, and the Plaintiff had entered the Nolle Pro-
fequi for Two; for Nonfuir or Releafe, or other
Difcharge of one, difcharges all the reft. Hob. 70.
But in Action of Treſpaſs againſt two, one pleaded
Not guilty, and the other juftified; and both Iffucs
being found for the Plaintiff, and feveral Damages
and joint Colts affeffed; the Plaintiff then entered a
Nolle Profequi againſt one, and took Judgment against
the other for Damages found against him, and the
Cofts; upon which it was infifted on for Error,
that the Entry of a Nolle Profequi before Judgment
as to one, is a Releaſe to him, and quafi a Releafe
to both: Per Cur', it is not an abfolute Releaſe, but
as it were an Agreement that the Plaintiff will not
proceed againſt the one; and as to him it is a Bar,
but he may proceed against the other; and where
they fever by Pleas, there may be Proceedings a-
gaint one, and a Nolle Profequi against the other.
Cro. Car. 239, 243. 2 Lill. 220. It has been held, in
Trespass against three Defendants; if a Nolle Profe-
qui were entered against two, before Judgment a-
gainst any of them, it had not amounted to a Re-
Icafe to them all; only to a Waiver of Suit: And
the three Defendants cannot join in a Writ of Er-
ror; for thoſe against whom the Nelle Profequi is en-
tered, are not damuified. Fenk. Cent. 309. On two
Promifes, the Plaintiff may demur as to one Pro-
mife, and enter a Nolle Profequi as to the other;
and if Judgment is had on the first Promife, it will
be well enough, though the Nolle Profequi be not
entered before fuch Judgment. 2 Lev. 33.
2 Lev. 33. And if
there are divers Iffues, or an Iffue and Demurrer
in one Caufe, againſt one Perfon, joined between
the Parties, the Plaintiff may enter on the Roll a
Nolle Profequi, that he will not proceed on one or
more of the Iffues, or Demurrer joined; and may
notwithſtanding go to Trial upon the Reft of the
Iffues, or argue the Demurrer. Hill. 23 Car. B. R.
The King may enter a Nolle Profequi on an Infor-
mation; but it fhall not stop the Proceedings of
•
Pœna
Domine Pœnæ, Is a Penalty incurred for not
paying of a Rent, &c. at the Day appointed by
the Leafe or Agreement for Payment thereof. 2 Lill.
221. If Rent is reſerved, and there is a Nomine
Peene on the Non-payment of it, and the Rent be
behind and unpaid, there must be an actual De-
mand thereof made, before the Grantee of the Rent
can diftrain for it; the Nomine Peene being of the
fame Nature as the Rent, and iffuing out of the
Land out of which the Rent doth iffue. Hob. S2,
133. And where a Rent Charge was granted for
Years, with a Nomine Pane and Claufe of Diftrefs,
if it was not paid on the Day; on the Rent's being
behind, and the Term expired, the Court was mo-
ved that the Grantee might diftrain for the Nomine
Pane; but it was held that he could not, becauſe
the Nomine Pane depended on the Rent, and the
Diftrefs was gone for that, and by Confequence for
the other. 2 Nelf. Abr. 1182. See Stat. 8 Ann. c. 17.
When any Sum Nomine Pana is to be forfeited for
Non-payment of Rent at the Time, &c. the Deinand
of the Rent ought to be precifely at the Day, in rc-
fpect of the Penalty: And Debt will not lie on a No-
mine Pane, without a Demand. 7 Rep. 28. Cro Eliz.
383. Style 4. If there is a Nomine Pæne, of ſuch a Sum
for every Day, after Rent becomes due, it has been
a Question whether there must be a Demand for
every Day's Nomine Pæne, or one Demand for many
Days: And by the better Opinion it hath been
holden, that for every Day there ought to be a Dc-
mand; and that one will not be fufficient for the
Whole: But where a Nomine Pone of 40s. was li
mited quolibet die proximo the Feaft-Day on which the
Rent ought to be paid, it was adjudged that there
was but one 40s. forfeited, because the Word Proximo
muft relate to the very next Day following the Rent-
Day; and fo likewife when the Rent became due
6S
and
NO
NO
Offices of Charge, &, in the Government. 4 Mod.
Rep. 273, 274.
and unpaid at the next Rent-Day after that, and
fo on. Palm, 207. 2. Nelf. 1182. An Affignee is
chargeable with a Nomine Pone incurred after the
Affignment, but not before. Moor 357. 2 Lill. Abr.
221. Though a Forfeiture is mentioned to be Nomi
ne Pœne, on not paying of a collateral Sum; it is
no Nomine Pœna, if it be not of a Rent. Lutw.nificatus generally is a good Plea; but if it be to
1156.
Pon-ability, Is an Exception taken against the
Plaintiff in a Caufe, upon fome juft Ground, why
he cannot commence any Suit in Law; as Premu-
nire, Outlawry; Excommunication, &c. F. N. B. 35, 65.
Vide Difability.
Non Damnificatus, Is a Plea to an Action of
Debt upon a Bond, with Condition to fave the
Plaintiff harmleſs. 2 Lill. Abr. 224. If the Condi-
tion of a Bond be to fave harmlefs only, Non Dam-
diſcharge the Plaintiff, &c. then the Manner of the
Discharge is to be fhewn. I Leon. 72. When one
pleads a Difcharge, and that he faved another
harmless, he ought to fhew how he did it, that the
Court may judge thereof: Tho' a Defendant may
plead Non Damnificatus, without fhewing of it; be-
None Decimæ, Payments made to the Church caule he pleads in the Negative, and then the o-
by those who were Tenants of Church Farms; ther Party fhall fhew Damnification. Cro. Fac. 363.
where None was a Rent or Duty for Things belong-2 Rep 3, 4. March 121.
It has been adjudged,
ing to Husbandry, and Decime were claimed in where a Condition of a Bond is to fave harmless
Right of the Church. Formerly a ninth Part of from all Suits in general, Non Damnificatus may be
moveable Goods was paid to the Clergy on the pleaded; and if it is in a particular Suit or Thing,
Death of Perfons in their Parish, which was called
Nonagium; and claimed on Pretence of being di-
ftributed to picus Ufes. Blount.
Non-age, In general Understanding is all the
Time of a Perfon's being under the Age of One
and Twenty; and in a ſpecial Senfe, where one is
under Fourteen, as to Marriage, &c.
there the Defendant muft fet forth how he hath fa-
ved harmless and difcharged; but where a Suit is
upon a Counter-Bond, the Plea of Non Damnificatus
is good. 8 W. 3. B. R. 5 Mod. 243.
Pon Decimando. A Cuſtom or Prefcription De
Non Decimando is to be diſcharged of all Tithes, &c.
See Modus Decimandi.
Non Diftringendo, Is a Writ not to diftrain, uſed
in divers Cafes. Table of Reg. of Writs.
Non fumpft, A Plea in perfonal Actions,
whereby a Man denics any Promife made, &c. See
Affumpfit.
Pones, (None) Of every Month is, the feventh
Pon-claim, Is an Omiffion or Neglect of one Day of March, May, July, and October; and the
that claims not within the Time limited by Law; fifth of all the other Months. By the Roman Ac-
as within a Year and a Day, where continual Claim count, the Nomes in the afore-mentioned Months are
ought to be made; or in five Years after a Fine le-the fix Days next following the first Day, or the
vied, . By which a Man may be barred of his Calends; and of others the four Days next after the
Right of Entry. Stat. 4 H. 7. c. 24. 32 H. S. c. 33. firft, according to thefe Verfes,
See Claim.
-"
Sex Nonas Majus, O&tober, Julius, & Mars,
Quatuor at reliqui, &c.
Non compos Mentis, Is where a Perfon is not
of found Mind, Memory, and Underftanding. And
there are four Sorts of Non compos Mentis. ift, An
Ideot or natural Fool. 2dly, A Madman, or one who Though the laft of thefe Days is properly called
was of Sane Memory, but hath loft his Under-Nones; for the others are reckoned backwards as di-
ſtanding by Sickneſs, Accident or Misfortune. 3dly, ftant from them, and accounted the third, fourth,
A Lunatick, fometimes of Sane Memory, and at oor fifth Nanes, &c. And Nones had their Name
ther Times not fo. 4thly, A Drunkard that deprives from their Beginning the Ninth Day before the Ides.
himſelf of his Memory and Understanding for a See Ides.
Time. But though a drunken Perſon is Non compos Non eft Culpabílís, Short Non Cul. is the gene-
Mentis, it fhall give no Privilege or Benefit to him, ral Plea to an Action of Trefpafs, whereby the De-
as to Acts done, &. And his Drunkennefs fhall fendant abfolutely denies the Fact charged on him
not extenuate, but rather aggravate his Offence, as by the Plaintiff; whereas in other fpecial Pleas,
well touching his Life as his Lands or Goods. I Inft. the Defendant grants the Fact to be done, but
264. 4. Rep. 125. A Deed of Feoffment, Grant, &c. alledges fome Reasons why he lawfully might do it.
made by a Perfon Non compos Mentis is voidable; his And as the Plea of Non Culp. is the general Anfwer
Heir as privy in Blood, may fhew the Disability of in Actions of Trefpafs, being Actions criminal ci-
his Ancestor, and avoid his Grants; and his Execu-villy profecuted; fo it is likewife in all Actions
tors, c. as Privics in Reprefentation may do the criminally followed, either at the Suit of the King
fame, by fetting forth the Infirmity of the Tefta- or any other, where the Defendant denies the
tor or Inteftate. 4 Rep. 126. Where a Perfon of Crime for which he is brought to Trial. S. P. C.
Sane Memory becomes Non compos Mentis, and af- lib. 2. c. 62.
terwards aliens his Lands or Goods; if he be found
Non et Fa&um, A Plea where an Action is
Non compos, and that he had aliened, the King may brought upon a Bond, or any other Deed, and the
protect him, and take the Profits of his Lands, &c. Defendant denieth that to be his Deed whereon he
to maintain him and his Family. Rep. 127. And is impleaded. Broke. In every Cafe where a Bond
he that hath the Cuftody of a Man of Non fane is void, the Defendant may plead Non eft factum :
Memory is accountable as Bailiff to the Non compos, But when a Bond is voidable only, he muft fhew
his Executors or Adminiftrators. Ibid. A Man Non the fpecial Matter, and conclude Judgment Si A-
compos Mentis fhall not lofe his Life for Felony or tio, &c. 2 Lill. 226. If a Deed is rafed in a mate-
Murder; for he cannot be guilty of the Murder of rial Part, by which it becomes void, the Perſon
another. 3 Rep. 124. 3 Inft. 5, 54. Tho' if one who bound by it may plead Non eft factum, and give the
wants Discretion or Underſtanding, does any corpo- Matter in Evidence; because it was not his Deed
ral Hurt to, or Treſpaſs againſt another; he may at the Time of the Plea. 11 Rep. 27.
A Bond was
be compelled by Action to render Damages. 35 H. 6. dated November the 10th, and fo fet forth in the
1 Inft. 247. 1 Hawk. P. C. 2. Vide Lunatick. Plaintiff's Declaration; the Defendant pleaded Nen
Non-conformists. The Statutes 1 Elix. and 13 eft factum, and though it was found that it was not
Car. 2. were made for the Uniformity of Common delivered till the eighteenth, the Iflue being upon
Prayer, and Service in the Church; and Perfonsa Non eft factum, it appeared to be his Deed: But
not conforming thereto are fubject to divers Penalties. it is faid the Defendant might have helped himſelf
Statute 10 Ann. c. 2. And it has been held, that a by Pleading. Cro. Fac. 126. The Defendant pleads
Diffenter may be fined for not conforming to bear Quod factum pradict. was made and delivered with
܀
ļ
4
ou t
NO
NO
out a Date, and that the Plaintiff put a Date to it, ftante, and notwithſtanding any Claufe to defeat the
and fo Non eft factum; this was held naught upon fame. Fenk. Cent. 308. The Stat. 18 Eliz. c. 2. con-
a Demurrer, for the Defendant confeffes the Deed, firmed all Grants of the Queen by Letters Patent,
by faying Factum pradict. and afterwards denies it; of any Honours, Caftles, Manors, Lands, Tene-
though he might have faid generally, Non eft factum.ments, &c. and that they fhould ftand and be good
Cro. Eliz. 800. Where two are jointly bound in a in Law against the Queen, her Heirs and Succef-
Bond, and an Action is brought on it againft one
only, he cannot Plead Non eft factum, or Demur in
that Cafe; but may have his Plea in Abatement of
the Writ. 5 Rep. 119. None but the Party, his
Heirs, Executors, &c. can plead Non eft factum.
Lutw. 662.
Non eft Inventus, Is the Sheriff's Return to a
Writ, when the Defendant is Not to be found in his
Bailiwick. And there is a Return that the Plaintiff
Non invenit Plegium, on original Writs. Shep. Epit.
1129.
Ponfeafance, Is an Offence of Omiffion of what
ought to be done; as in not coming to Church, &c.
which need not be alledged in any certain Place;
for generally ſpeaking. it is not committed any
where: But Nonfeafance will not make a Man a
Trefpaffer, &c. 1 Hawk. 13. Hob. 251. 8 Rep.
146.
Non implacitando aliquem de Libero Tenemento
fine revi, Is a Writ to prohibit Bailiffs, &c.
from diftraining or impleading any Man touching
his Freehold, without the King's Writ. Reg. Orig.
171.
Non intromittendo, quando Bzeve Præcipe in
Capite fubdole impetratur, Was a Writ directed to
the Juftices of the Bench or in Eyre, commanding
them not to give one, that had, under Colour of
intitling the King to Land, &c. as holding of him
in Capite, deceitfully obtained the Writ called Pra-
cipe in Capite, any Benefit thereof, but to put him to
his Writ of Right. Reg. Orig. 4. This Writ having
Dependance on the Court of Wards, fince taken
away, is now difufed.
Ronjurors, Are Perfons that refufe to take the
Oaths to the Government, who are liable to certain
Penalties; and for a third Offence to abjure the
Realm, by 13 14 Car. 2. c. I. Parfons, Vicars,
&
. are to take the Oaths, and give their Affent to
the Declaration 14 Car. 2. c. 4. or they fhall not
preach, under the Penalty of 401. Sc. Stat. 17
Car. 2. c. 2. Ecclefiaftical Perfons not taking the
Oaths on the Revolution, were rendered incapable |
to hold their Livings: But the King was impower-
ed to grant fuch of the Nonjuring Clergy as he
thought fit, not above twelve, an Allowance out of
their Ecclefiaftical Benefices for their Subfiftence,
not exceeding a third Part. 1 W. & M. Seff. 1. c. 8.
Perfons refusing the Oaths, fhall incur, forfeit, and
fuffer the Penalties inflicted on Popish Recufants,
and the Court of Exchequer may iffue out Proceſs
against their Lands, &c. 7 & 8 W. 3. c. 27. See
Ex
the Stat. 1 Geo. 1. c. 55. and Oaths.
fors, Non obftante any Mif-naming, Mif-recital, Want
of Certainty, finding Offices or Inquifitions, Livery
of Seifin, &c. By 14 Car. 2. c. 11. it was declared,
that all Grants of Penfions, &c. and every Non Ob-
ftante therein contained, fhould be void. And the
1 W. & M. c. 2. makes Difpenfations, Non Obftante
to Statutes, void; unless allowed therein. See Dif-
penfations and Grants of the King.
Non omittas, Is a Writ directed to the Sheriff,
where the Bailiff of a Liberty or Franchife who hath
the Return of Writs refufes or neglects to ſerve a
Process, for the Sheriff to enter into the Franchife
and execute the King's Writ himfelf, or by his Of
ficer: Before this Writ is granted, the Sheriff
ought to return, that he hath fent to the Bailiff,
and that he hath not ferved the Writ; but for
Difpatch, the ufual Practice is to fend a Non omit-
tas with a Capias or Latitat. F. N. B. 68, 74. 2 Inft.
453. If a Sheriff return that he fent the Procefs
to the Bailiff of a Liberty, who hath given him no
Anfwer; a Non omittas fhall be awarded to the She-
riff: And if he returns that he fent the Proceſs to
fuch Bailiff, who hath returned a Cepi Corpus, or
fuch like Matter; and the Bailiff bring not in the
Body, or Money, &c. at the Day, the Bailiff ſhall
be amerced, and a Writ iffue to the Sheriff to di-
train the Bailiff to bring in the Body. 2 Hawk. 143.
Writs of Capias Utlagatum, and of Quo Minus out of
the Exchequer, and it is faid all Writs whatfoever
at the King's Suit, are of the fame Effect as a Non
omittas; and the Sheriff may by Virtue of them en-
ter into a Liberty and execute them. 2 Lill. Abr.
229. The Reg. of Writs mentions three Sorts of this
Writ, which was given to prevent Liberties being
privileged to hinder or delay the general Execution
of Juftice: And the Claufe of the Non omittas is,
Quod Non omittas propter aliquam Libertatem, (viz. of
the Liberty to which the Sheriff hath made a Man-
davi Ballivo, qui nullum dedit Refponfum) quin in eam
ingrediaris Capias A. B. Si, &c.
Non-plebin, (Non-plevina) Is defined to be Defal-
ta poft Defaltam; and in Hengham Magna, cap. S. it is
faid, that the Defendant is to replevy his Lands
feifed by the King within fifteen Days; and if he
neglects, then at the Inftance of the Plaintiff at the
next Court-Day, he fhall lofe his Scifin, Sicut per
Defaltam poft Defaltam: But by Statute it was enact-
ed, that one fhould lofe his Land, becaufe of Non-
plevin, i. e. where the Land was not replevied in due
Time. 9 Ed. 3. c. 2.
Non ponendis in filis e Juratís, Is a Writ
granted for freeing and difcharging Perfons from
Non Merchandizando victualia, Is a Writ to Ju- ferving on Affifes and Juries; and when one hath
ftices of Afife, to inquire whether the Magiftrates a Charter of Exemption, he may fue the Sheriff
of fuch a Town do fell Victuals in Grofs, or by Re-for returning him. This Writ is founded on the
tail, during the Time of their being in Office,
which is contrary to an ancient Statute; and to pu-
2 Inft. 127, 447.
nish them if they do. Reg. Orig. 184.
Nou Moleftando, A Writ that lies for a Perfon
who is molefted contrary to the King's Protection
granted him. Reg. Writs 184.
Stat. of Weftm. 2. c. 38. And the Stat. Articuli fuper
Chartas, cap. 9. F. N. B. 165.
Non procedendo ad Alam Bege inconfulto, A
Writ to top the Trial of a Caufe appertaining to
one that is in the King's Service, &c. until the
King's Pleaſure be farther known. Reg. Orig. 220.
Non obitante, (Notwithstanding) Is a Claufe Non Pros. If a Plaintiff in an Action, doth
frequent in Statutes and Letters Patent, and is a not declare against the Defendant within reafonable
Licence from the King to do a Thing which at the Time, a Rule may be entered against him by the
Common Law might be lawfully done; but being Defendant's Attorney to declare; and thereupon.
reftrained by Act of Parliament, cannot be done a Non Prof. c. Practif. Solic. 222. And a Plaintiff
without fuch Licence. Vaugh. 347. Plowd. 501. It may enter a Non Prof. against one Defendant,
is ordained by the Statutes of 2 E. 3. 14 E. 3. and where there are two that fever in their Pleas, be-
13 R. 2. that the King's Pardon of notorious Felo-fore the Record of the Caufe is fent down by Nifi
nies, &c. fhould not be granted, although with the
Words Non obftante any Statute: Yet Patents of Par-
don of ſuch Offences, were allowed with a Non Ob
prius to be tried at the Affiſes: But it is faid there
cannot be a Non Pref. at the Trial at the Affifes.
Salk. 246. Though in Action against feveral De-
fendants,
:
O
ཁམས་
NO
fendants, it has been ruled otherwife. 2 Salk.
456. Non Pros's have been frequent upon Infor-
mations; but never upon Indictments, till the
Reign of King Charles 2. Ibid. See Nolle Profequi,
and Nonfuit.
Non-Befidence, Is applied to thofe Spiritual Per-
fons that are not Refident, but do abfent themselves
wilfully by the Space of one Month together, or
two Months at feveral Times in one Year, from
their Dignities or Benefices, which is liable to Pe-
nalties, by the Statute against Non-Refidence. 21 H. 8.
c. 13. But Chaplains to the King, or other great
Perfons, mentioned in this Statute, and the 25 H. 8.
c. 16. may be Non-resident on their Livings; for they
are excufed from Refidence whilst they attend thofe
that retain them: And Bifhops are not punishable
by Statute for Non-Residency; but if a Bishop hold
a Deanery, Partonage, &c. in Commendam with his
Bishoprick, he is punishable by the Stat. 21 H. 8. for
Non Refidence on the fame. Alfo where Bishops are
Non-refident on their Bishopricks, they are liable to
Ecclefiaftical Cenfure; and the King may iffue a
mandatory Writ for their Attendance thereon, and
compel them to it by feifing their Temporalties, a
notable Precedent whereof we have in the Cafe of
the Bishop of Hereford, in the Reign of King Hen.
3. 2 Inft. 625. See Refidence.
Bon Beldentia pro Clericis Regis, Is a Writ
directed to the Bishop, charging him not to moleft
a Clerk employed in the King's Service, by Reafon
of his Non-Réfidence; in which Cafe he is to be dif
charged. Reg. Orig. 58.
Non fane Memory, (Non fane Memoria) Is ufed
in Law for an Exception to an A&t, declared to be
done by another, whereon the Plaintiff in any Action
grounds his Plaint; and the Effect of it is, that
the Party that did that Act, was not well in his
Senfes when he did it, or when he made his laft
Will and Teftament. New Book Entries. And Sane
Memory for the Making of a Will is not always
where the Teftator can anfwer Yes or No, or in
fome Things with Senfe; but he ought to have
Judgment to difcern, and be of perfect Memory,
or the Will fhall be void. Moor, c. 1051. See Non
compos Mentis..
NO
Affifes, he was nonfuited, and this was recorded; but
as there was no Venire or Habeas Corpora, the Nonfuit
was difcharged, becaufe the Judge of Nifi Prius hath
no Power to nonfuit without an Habeas Corpora or Di-
ftringas. Sid. 164. After a Demurrer joined, if the
Court gives a Day over, the Plaintiff may be non
fuited; for the Plaintiff is then demandable: And af
rer a Judgment quod computet, the Plaintiff may be
nonfuited, becaule it is but an interlocutory Judg-
ment; though after any Verdict, whereupon a final
Judgment is to be given, he cannot. 1 Inft. 140.
2
Lill. 231. At Common Law, upon every Conti-
nuance or Day given, the Plaintiff might be Non-
fuit; fó that even after a Verdict, if the Court took
Time to confider of it, the Plaintiff was demand-
able, and might be nonfuited; but this is now reme
died by the Stat. 2 Hen. 4. Yet after a privy Ver-.
dict, the Plaintiff may fill be nonfuit; and fo he
may after a fpecial Verdi&t found; and after a De-
murrer, though the Matter was argued, if the
Court give a Day over. 1 Inft. 139. Dyer 53. 3 Salk.
249. In real or mixed Actions, the Nonfuit of one
of the Plaintiffs or Demandants is not the Nonfuit of
both; in this Cafe, he which makes Default fhall
be fummoned and fevered: But regularly in perfo
nal Actions, the Nonfuit of one Plaintiff is the Nonfuit
of the others, unless in fome Particulars. I Inft. 138,
139. If an Action of Debt, &c. is brought againft
two or more Defendants, by feveral Counts and one
Præcipe, a Nonfuit as to one, is fo to the Reft; for
the Writ is one, and the Pledges de Profequendo are
the fame: It is otherwife in a Difcontinuance ;
which being against one fhall not extend to the o-
thers, becauſe there are feveral Declarations againſt
them. Fenk. Cent. 309. 3 Salk. 244. And where
there is But one Defendant, who pleads to Iffuc as
to Part, and demurs to the other Part, the Plaintiff
may be nonfuit as to one, and proceed for the other.
Hob. 180. The King cannot be nonfuited, becauſe in
Judgment of Law he is always prefent in Court;
though the Attorney General may enter a Nolle
Profequi: And the King's Suit may be difcontinued,
upon the Prayer of the Party, after a Year; where
it is delayed to be profecuted. 1 Inft. 139. Goldsb.
53. Alfo notwithstanding the King cannot be non-
Monfuit, (Tergiverfatio, Litis renunciatio) Is the fuit in any Information or Action, wherein he him-
letting a Suit or Action fall; or a Renunciation of telf is the fole Plaintiff, an Infornier Qui tam, or
it by the Plaintiff or Demandant, moft commonly Plaintiff in a popular Action, may be nonfuit; and
upon the Diſcovery of fome Error or Defect, when thereby wholly determine the Suit as well in Re-
the Matter is fo far proceeded in, as the Jury is fpect of the King as of himself. 1 Inft. 139. Bro. 68.
ready at the Bar to deliver their Verdi&t. 2 H. 4. Fitzherb. 13. A foreign King feeking to take the
c. 7. Where a Man brings a perfonal Action, and Benefit of the National Laws here, may be nonfuit in
doth not profecute it with Effect, or if upon the England; which was the Cafe of the King of Spain.
Trial, he refuſes to ftand a Verdict; then he be Mich. 22 Car. B. R. A Nonfuit after Appearance, in
comes nonfuited: If the Plaintiff be not ready at Appeals of Murder, Writs of Quare Impedit, At-
the Trial when the Jury is called and fworn, the taints, &c. is peremptory. I Inft. 139. In other
Court may call him Nonfuit; it fhall be intended he Cafes, when a Plaintiff is nonfuit, he may proceed
will not proceed in his Caufe, though fometimes the again on a new Declaration; but not on that where-
Court hath ftaid a While in Epectation of his Co-in he became nonfuit, that Declaration being void,
ming, and making good his Action: And on a Trial, and he hath no Day in Court. A Nonfuit is not ge
when the Jury comes to deliver in their Verdi&t, nerally a Bar to Actions of the like Nature, for the
and the Plaintiff is called upon to hear their Ver- fame Caufe or Duty; yet a Retraxit is a Bar to all
dict; if he do not appear after thrice called, by other Actions. 2 Lill. 231. On Nonfuit of the Plain-
the Crier of the Court, he is nonfuited, and the Non-tiff, &c. Cofts are given to the Defendant in all Cafes
fuit is to be recorded by the Secondary, by the Di-
rection of the Court, at the Prayer of the Defen-
dant's Counfel; for the Court will not order it to
be recorded, except the Counſel pray it.
Car, B. R. 2 Lill. Abr. 231. But where a Plaintiff
doth not appear to hear the Verdict when he is cal-
led, and thereupon the Court directs the Secondary
to record the Nonfuit; if afterwards he do appear
before the Nonfuit is actually recorded, the Court
may proceed to take the Verdi&; it not being a
Nonfuit till recorded by the Secondary, and then
it is made Part of the Record, and is in the Na-
ture of a Judgment against the Plaintiff. 2 Lill.
232. A Plaintiff in Ejectment not appearing at the
Hill. 21
where the Plaintiff would have had Cofts, if Judg
ment had been for him. Stat. 4 Fac. 1. c. 3. And on
Appearance entered at the Return of the Writ, if
the Plaintiff neglects to deliver a Declaration a-
gainft the Defendant, in a perfonal Action, c. be
fore the End of the next Term following, a Nonfuit
fhall be entered against the Plaintiff; and he is to
pay Cofts to the Defendant. 13 Car. 2.-c. 2.
Non fum Infozmatus, Is a formal Anfwer made
of Courfe by an Attorney, who is not inftru&ted
or informed to fay any Thing material in Defence
of his Client's Caufe; by which he is deemed to
leave it undefended, and fo Judgment paffeth a-
gainft his Client. New Book Entries.
1
4
Non-
NO
NO
Non-tenure, Is a Plea in Bar to a real Action,
by faying, that he, the Defendant, holdeth not the
Land mentioned in the Plaintiff's Count or Decla-
ration, or at least fome Part thereof. 25 E. 3. c. 16.
1 Mod. Rep. 250. And our Books mention Non-tenure
general and fpccial: General, where one denics ever
to have been Tenant of the Land in Queſtion; and
Special is an Exception, alledging that he was not
Tenant the Day whereon the Writ was purchaſed.
Weft. Symb. par. 2. When the Tenant or Defendant
pleads Non-tenure of the Whole, he need not fay
who is Tenant; but if he pleads Non-tenure as to
Part, he must fet forth who is the Tenant. 1 Mod.
181. Non-tenure in Part or in the Whole is not
pleadable after Imparlance. 3 Lev. 55.
Non-term, (Non terminus) Is the Vacation be-
tween Term and Term: And it was formerly called
the Time or Days of the King's Peace. Lamb. Archa.
126.
Non-uler, Of Offices concerning the Publick, is
Gaufe of Forfeiture. 9 Rep. 50. And if one have a
Franchife, and do not use it, he fhall forfeit the
fame; which likewife may be loft by Default, as
well as Non-ufer. Stat. 3 Ed. 2. c. 9 Śce Office.
Nook of Land, (Nocata terra) In an old Deed of
Sir Walter de Pedwardyn, twelve Acres and a Half
of Land were called a Nook of Land; but the Quan-
tity is generally uncertain. ·Illi qui tenuerunt di-
midiam Virgatam terra, vel Nocatam terræ, vel Cotta
gium de Bondagii tenura. Dugd. Warwick. pag. 665.
Portoy, Quast North Roy, the Northern King at
Arms, mentioned in the Statute 14 Car. 2. c. 33. See
Herald.
22 Car
10
ty that gives the fame, fhall have fome Benefit
which otherwife he fhould not have had: And by
this Means, the Party to whom the Notie is given,
is made fubject to fome Action or Charge, that o
therwife he had not been liable to; and his Eftate
in Danger of Prejudice. Co. Litt. 309. Notice is re-
quired to be given in many Cafes by Law, to juſti-
fy Proceedings where any Thing is to be done or
demanded, c. But none is bound by the Law to
give Notice to another Perfon of that which fuch
other may otherwife inform himſelf of.
B. R. If one be bound by an Affumpfit generally
to do a Thing to another, he to whom the Promife
is made muft give Notice when he will have him to
do it; but if he promise that another Perfon ſhall
do it, there he to whom the Thing is to be done is
not obliged to give Notice to that third Perfon when
he will have it done, but the Party muft procure
at his Peril: For it may be he may not know that
other Perfon, and there is no Privity of Contract
between them Two, as there is betwixt the other
Two. 2 Lill. Abr. 239. And in Cafe of a Promiſe
it has been adjudged, that where a Penalty is to be
recovered, Notice is requifite; but it is not fo where
Damages are to be recovered; in which Cafe the
Party hath fufficient Notice by the Action brought.
1 Bulft. 12. If a Perſon promiſe to pay fo much to
another at his Day of Marriage; the Party at his
Peril is to take Notice of the Marriage. Cro. Car. 34,
35. And it is a neceffary Intendment, that when af
ter the Marriage the Plaintiff requested Payment of
the Money, that Notice was given of the Marriage.
Cro. Fac. 228. It is held, that if a collateral Thing
is to be done at or after Marriage, there Notice is
to be given of it; though when Money is to be paid,
it is a Debt due to the Party by the Marriage, and
may be recovered without any Notice given, 2 Bulſt.
254. Notice must be given to an Heir at Law, of Å
Condition annexed to his Eftate; or he is not
bound to take Notice of the Condition. 1 Lutw. So9.
4 Rep. 82. 3 Mod. 28. Yet it is faid, that the Heir
is bound to take Notice of a Provifo in a Feoffment;
and this Difference has been taken, that where No-
tice is required to be given by the original Deed or
Agreement, it is hereditary, and defcends to the
Heir; but if it is collateral to the Father, it shall
not bind his Heir without exprefs Notice. Winch
108. 2 Nelf. Abr. 1186. A Man who is a Stranger
to a Deed, that hath an Eſtate by Way of Remain-
der, &c. fhall not forfeit or determine his Eſtate
by Virtue of any Provifo in fuch Deed, unless he
hath Notice of it. 8 Rep. 92. The Feoffee of Land,
or Bargainee of a Reverfion, fhall not take Advan-
tage of a Condition, for Non-payment of Rent re-
ferved upon a Leafe, on Demand made by them,
without Notice thereof given to the Leffee.
31. If a Manor be conveyed or granted away by
9 Rep.
Deed of Bargain and Sale, &c. to another; the
prefent Lord muft give Notice of it to the Copyhol-
der, otherwiſe if he deny to pay his Rent, it will
be no Forfeiture. 5 Rep. 13. And Copyholders fhall
not forfeit their Eftates for not appearing at the
Lord's Court, if they have no Notice of the Court,
&c. 1 Leon. 104. In a Covenant to make Affurance
generally, Notice must be given to the Party to
know what Eftate he would have made to him.
Style 61. Where one is bound to another to make
fuch an Affurance as A. B. fhall advife, the Obligor
is bound to make the Affurance, without Notice that
A. B. had adviſed it; but if he had been bound to
make fuch Affurance as the Counfel of the Obligec
fhould advife, Notice ought to be given the Obligor,
that the Counfel of the Obligee had advifed it.
Leon. 105 If I am bound to enfeoff fuch Perfons as
the Obligee fhall name, he is to give Notice of
Notice, Is the making of fomething known, thofe which he names, or I am not bound to enfeoff
that a Man was or might be ignorant of before. them. 2 Danv. Abr. 105. And if the Condition of
And it produces divers Effects; for by it the Par-Jan Obligation be to account before fuch Auditors as
Norwich. In the City of Norwich or County of
Norfolk, no Perfons fhall buy any worfted Yarn
fpun there, but fuch as work at it in Norwich, Sc.
on Pain to forfeit 40s. for every Pound. 33 H. S.
c. 16. The making of Norwich Stuffs is regulated by
Statute, and Penalties and Forfeitures for Defaults
in making them, are-leviable by Juftices of Peace,
c. They are to be fealed, and Perfons having
them in their Poffeffion unfealed, other than the
firft Owner fhall forfeit for every Piece 40s. Stat.
13 14 Car. 2. cap. 15. All Manufacturers of Stuffs,
not Journeymen, &c. may be made Freemen of Nor-
wich; and Perfons ufing Trades not being free,
fhall forfeit 10l. a Month. 9 Geo. I. c. 9. The E-
lection of Officers, &c. in the City of Norwich how
to be made by Statute. Sec 3 Geo. 2. c. 8.
Notary, (Notarius) Is a Perfon, ufually a Scrive-
ner, who takes Notes, or makes a fhort Draught of
Contracts, Obligations, or other Writings and Inftru-
ments. Stat. 27 Ed. 3. c. 1. At this Time we call
him a Notary Publick, who publickly attefts Deeds or
Writings, to make them Authentick in another
Country; but principally in Bufinefs relating to
Merchants: They make Protefts of Foreign Bills
of Exchange, rc. And Noting a Bill is the Notary's
going as a Witnefs, to take Notice of a Merchant's
Refufal to accept or pay the fame. Merch. Dict.
Note of a Fine, Is a Brief of the Fine made by
the Chirographer, before it is ingroffed. Weft. Symb.
par. 2.
Nores promiflozy, For Payment of Money. See
Bill of Exchange.
-
Pot guilty, Is the General Iffue or Plea of the
Defendant in any criminal Action; and Not guilty is
a good Iffue in A&ions of Trespass on the Cafe, and
upon the Cafe for Deceits or Wrongs; but not on a
Promife, &c. Palm. 393. If one hath Caufe of Ju-
tification and Excufe in Trefpafs, and he pleads
the General Iffue Not guilty; he cannot give the
Special Matter in Evidence, but muft confefs the
Fact, and plead the Special Matter, c. 5 Rep.
119. Vide Non eft Culpabilis.
6 T
I
the
NO
NU
Nuces colligere. To gather Hazle-Nuts, which
was formerly one of the Works or Services impoſed
by Lords upon their inferior Tenants. Paroch. Antiq.
495.
Rude Contra&, (Nudum Pactum) Is a bare naked
Contract, without any Confideration had therefore
If a Man bargains or fells Goods, &c. and there is
no Recompence made or given for the doing there-
of; as if one fay to another, I fell you all my Lands
or Goods, but nothing is agreed upon what the other
fhall give or pay for them, fo that there is not a
Quid pro Quo of one Thing for another; this is a
Nude Contract, and void in Law, and for the Non-
performance thereof no Action will lie; Ex nudo
pacto non oritur Actio. Terms de Ley 459, 460. The
Law fuppofes Error in making thefe Contracts; they
being as it were of one Side only.
Nude Matter, Is naked Matter, or a bare Alle
the Obligee fhall affign, and the Obligee affigns
Auditors; he is to give Notice thereof to the Obli-
gor, or he will not be bound to account. Ibid. No
tice is not to be given fo ftrictly upon a Covenant, as
upon a Bond; which is Point of Forfeiture. Cro.
Fac. 391. If the Agreement be that a Perfon fhall
pay fo much as A. B. hath paid, the Defendant is to
inquire of him, and the Plaintiff is, not bound to
give Notice: But if the Perfon or Thing is altoge
ther uncertain, the Plaintiff to intile himself to
an Action muſt give Notice. Cro. Fac. 432, 433. If
an A&t is to be done by a Stranger, and not by the
Plaintiff, the Cognifance thereof lies as well in the
Notice of the Defendant as of the Plaintiff; and
therefore the Plaintiff need not lay a Notice. Cro.
Fac. 492. Cro. Car. 132. A Thing lies in the Know-
ledge of the Plaintiff, there ought to be Notice gi-
ven to the Defendant. March 156. Mod. 230. And
when one may take Notice, and not the other; Nogation of a Thing done, c. Vide Matter.
tice is neceffary. Latch 15. It has been holden, that
a Defendant having undertaken to do a Thing,
undertakes to do all Circumſtances incident to the
Doing it, and that without Notice; but if he had
been ignorant of the Thing to be done, then Notice
muſt be given. 2 Bult. 143. If one make a Leafe
for Years, with Covenant that if the Leffee, his
Executors and Affigus, do not repair within fix
Months after Notice given, the Leafe to be void;
and the Leffee nakes a Leafe for Part of his Term
to another, and then the Houſe is decayed: In this
Cafe the Notice is to be given to the firſt Leffce in
Perfon, and not to the Under-Tenant. 2 Cro. 9, 10.
A Notice may not be pleaded to be given to Execu-nerally by Moncy; as Denariata doth the Price of
tors, without averring the Death of the Teftator.
Hob. 93. In all Writs of Enquiry of Damages, as
well in real as perfonal Actions, Notice must be gi-
ven to the other Party to the Suit. March Rep. 82.
Want of Notice upon various Occafions, has been
often the Caufe of Arreft of Judgment in A&tions,
Exc.
Notice Is to be given, of Trials and Motions; of
a Robbery committed, to recover against the Hun-
dred; of a prior Mortgage, on making a fecond;
of an Affignment of a Leafe, to charge the Affignce
only on Acceptance of Rent; in Cafes of Diftrefs
for Rent, according to the Statute; and of Avoi
dances of Churches, by Refignation, Deprivation,
. to the Patron that he may prefent, &c.
Nobal, Significs Land newly ploughed or con-
verted into Tillage, that without Memory of Man
had not been tilled; and fometimes it is taken for
Ground which hath been ploughed for two Years,
and afterwards lies Fallow for one Year; or that
which lies Fallow every other Year: It is called
Noval, becauſe the Earth Nova cultura profcinditur.
Cartular. Abbat. de Furneffe in Com. Lanc. in Off
cio Ducat. Lanc. fol. 41.
Nova Dblata, Mentioned in Clauf. 12 Ed. 1. m. 7.
See Oblata.
Pul tiel Record, Is the Plea of a Plaintiff that
there is no fuch Record, on the Defendant's alledging
Matter of Record in Bar of the Plaintiff's Action
See Failure of Record.
Pullum Arbitríum, The ufual Plea of the De-
fendant profecuted on an Award.
Bullity, is where a Thing is null and void, or
of no Force. Litt. Dict. And there is a Nullity of
Marriage, where Perfons marry within the prohi-
hibited Degrees, &c.
Pumerum. Civitas Cant. Reddit 241. ad numerum,
i. c. by Number or Tale, as we call it. Domesday.
Puminata, Signifies the Price of any Thing ge-
a Thing by Computation of Pence; and Librata by
Computation of Pounds.
Dummus, A Piece of Money or Coin among the
Romans; and it is a Penny according to Mat. Weftm.
fub Ann. 1095.
Dun, (Nonna) Is a confecrated Virgin or Woman
that by Vow hath bound herſelf to a fingle and
chafte Life, in fome Place or Company of other
Women, feparated from the World, and devoted to
an eſpecial Service of God by Prayer, Fafting, and
fuch like holy Exercifes: It is an Egyptian Word,
as we are told by St. Hierome.
Nuncius, A Nuncio, or Meffenger, Servant, &c.
And the Pope's Nuncio is Legatus Pontificis.
And
Nuncupative Will, (Teftamentum Ñuncupatum) Is
a Will by Word of Mouth; it is a verbal Declara
tion of the Teftator's Mind before a ſufficient Num
ber of Witneffes; which being reduced into Writing
either before or after the Death of the Teftator, is
good to difpofe of his perfonal Eftate, but not his
Lands. 2 Nelf. Abr. 1191. Before the Stat. 29 Car.
2. it was neceffary not only to put a Nuncupative
Will in Writing, but to prove it likewife by Witnef-
fes in the Spiritual Court, and to have it under the
Seal of the Ordinary; until which it hath been dc-
creed in Equity, that fuch Will was not pleadable
against an Adminiftrator. 1 Chanc. Rép. 122.
by that Stature, no Nuncupative Will ſhall be good,
wherein the Eftate bequeathed exceeds 301. unless
proved by three Witneffes who were preſent at the
Making thereof, and bid by the Teftator to bear
Witnefs; nor except it be made in the Time of the
laft Sickness of the Deceaſed, and in his Houſe, or
where he hath been refident for ten Days before,
unleſs furprized with Sickneſs from home: And no
Evidence fhall be received to prove fuch Will, after
fix Months after the fpeaking of the Teftamentary
Rovelle. Thofe Conftitutions of the Civil Law, Words; if the fame or the Subftance of it be not
which were made after the Publication of the Theo- committed to Writing within fix Days after the
defian Code, were called Novella, by the Emperors, Making. Nor fhall any Probate of fuch Nuncupa-
who ordained them: But fome Writers call the Ju-tive Will pass the Scals till fourteen Days after the
lian Edition only by that Name. Blount.
Nobel Alignment, (Nova Affignatio) Is an Affign-
ment of Time, Place, or fuch like, in Action of
Trespass, otherwiſe than as it was before afſigned; or
where it is more particularly in a Declaration than
in the Writ, &c. Bro. Trespass, 122. And if the De-
fendant juftifies in a Place where no Trespass was
done, then the Plaintiff is to affign the Clofe where,
to which the Defendant is to plead, &c. Terms de
Ley 459. Vide Trefpafs.
Nobel Dilleifin, (Nova Diffeifina.) See Affife of
Novel Diffeifin.
Royles. No Perfon fhall put any Flocks, Noyles,
Thrums, &c. or other deceivable Thing, into any
Broad Woollen Cloth, by Stat. 21 Fac. 1. cap. 18.
I
Death of the Teftator; and until Proceſs hath iffued
to call in the Widow or next of Kin to the Deceaſed,
to conteft it if they think fit. 29 Car. 2. c. 3. And
by the fame Act, no Will in Writing concerning
perfonal
i
C
NU
NU
perſonal Eſtate, ſhall be repealed by any Words or a common Nufance, Indi&ment lies at the Suit of
Will by Word of Mouth, except the fame be put
into Writing in the Life-time of the Teftator, and
read to and approved of by him, and proved to
be fo done by three Witneffes, &c. All Witneffes
as are allowed to be good Witneffes upon Trials at
Law, ſhall be good Witneffes to prove any Nuncupa-
tive Will. by Stat. 4 & 5 Anna.
"
Nuper obiit, Is a Writ that lies for a Sifter and
Coheir, deforced by her Coparcener of Lands or
Tenements, whereof their Father, Brother, or any
other common Anceſtor, died feifed of an Estate in
Fee-fimple: For if one Sifter do deforce another of
Land held in Fee-tail, her Sister and Coheir fhall
have a Formedon against her, &c. and not a Nuper
obiit; and where the Ancestor being once feifed,
died not feifed of the Poffeffion, but the Reverfion,
in ſuch a Caſe a Writ of Rationabili parte lies. Reg.
Orig. 226. F. N. B. 197. Terms de Ley 460. If one
Coparcener be deforced by another, and a Stranger,
fhe fhall have a Nuper obiit against her Coparcener:
And if two Coparceners after the Death of their
Anceſtor enter and deforce a third Sifter, and after
wards they make Partition betwixt them, and then
one of the two alieneth her Part to a Stranger in
Fee; yet the third ſhall have the Wric Nuper obiit
against her two Sifters, notwithſtanding that Aliena-
tion, and fhall recover the third Part of what the
Coparcener who alienated not was feifed, &c. And
may fue an Affife of Mordanceflor, or Writ of Aiel,
as the Cafe is, in the Name of the other Coparcener,
to recover her third Part in the Hands of the Stran-
ger. New Nat. Br. 437, 438. A Nuper obiit ought|
to be brought by that Coparcener who is deforced,
against all the other Coparceners; and altho' fome
of them have nothing in the Tenancy. Ibid. And
this Writ lieth between Sifters of the Half-Blood;
and likewife between Cobeirs in Gavelkind, as well
as between Women Parceners, &c.
the King; and the Party fhall be fined and impri-
foned, e No Action lieth in this Cafe, becauſe
if one Man might have an Action, all Men may
have the like: And the Indi&tment must be ad Com-
mune Nocumentum omnium Eigeorum, &c. 5 Rep. 73.
1 Inft. 56. 1 Ventr. 208. But though Action may
not be brought for a common Nufance, but Indict-
ment or Prefentment; yet where the Inhabi-
tants of a Town had by Cuftom a watering Place
for their Cattle which was cftopped by another, it
has been held, that any Inhabitant might have an
Action against him, otherwife they would be with-
out Remedy; becauſe ſuch a Nufance is not còm-
mon to all the King's Subjects, and prefentable in
the Leet, or to be redreffed by Prefentment or In-
dictment in the Quarter-Seffions. 5 Rep. 73. 9. Rep.
103. And if any one Perfon hath more particular
Damage by a common Nufance than another; as if
by Reafon of a Pit dug in a Highway, a Man for
whofe Life I held Lands is drowned; or my Ser-
vant falling into it receives Injury, whereby I lofe
his Service, &c. for this fpecial Damage, which is
not common to other Perfons, Action lies. 5 Rep.
73. 4 Rep. 18. Cxo. Car. 446. Vaugh.. 341. 4 Bulft.
344. For private Nufances, Action on the Cafe
lieth, or Affife of Nufance by the Party grieved; and
on Action for a private Nufance, Judgment ſhall be
given that the Nufance fhall be removed, and the
Party injured recover Damages for the Injury
fuftained. 1 Roll. Abr. 391. I Vent. 208. There is a
Difference between an Affife for a Nufance, and an
Action on the Cafe; for the first is to abate the Na-
fance, but the laft is not to abate it but to recover
Damages: Therefore if the Nufance be removed,
the Plaintiff is intitled to his Damages which ac-
crued before; and though 'tis laid with a Continuan-
do for a longer Time than the Plaintiff can prove,
he fhall have Damages for what he can make
zulance, (Nocumentum, from the Fr. Nuire, i. e. Proof of before the Nufance was removed. 2 Mod.
Nocere) Particularly fo called, is where one makes 253. A Man may have an Action for a Nufance,
Encroachment on the King's Lands, or the or he may abate or demolish the fame; but if he
Highways, common Rivers, &c. 2 Inft. 272. If a deftroy the Nufance himself, before he bring his
Man doth any Thing upon his own Ground, to the Action, he may not after have an Action for the
particular Damage of his Neighbour, &c. it is ac- Wrong, nor recover any Damages. 9 Rep. 55.
counted a Nufance: And Nufance fignifies not only F. N. B. 185. 2 Roll. Abr. 745. It is faid both of a
a Thing done to the Annoyance of another, in his common and private Nufance, that they may be
Lands or Tenements; but the Afife or Writ lying abated or removed by thoſe Perſons that are preju-
for the fame. F. N. B. 183. And Nufances are Pub- diced by them; and they need not stay to profe-
lick and Common, or Private: A Common Nufance is cute for their Removal. 2 Lill. Abr. 244. Wood's
defined to be an Offence againſt the Publick, either Inft. 443. And it has been adjudged, that every
by doing a Thing which tends to the Annoying of Perfon may remove a Nufance; and that the Cutting
all the King's Subjects, and is common against all; a Gate fet crofs an Highway is lawful. Cro. Car. 184,
or by neglecting to do any Thing which the com- 185. Alfo if a Houfe be on the Highway, or a
mon Good requires. 2 Rol. Abr. 83. And Annoy-Houfe hang over the Ground of another, they may
ances in Highways, as where a Gate, Hedge, &c. be pulled down; but no Man can juftify the Doing
or Ditches are made therein; of Bridges and pub-more Damage than is neceffary, or Removing the
lick Rivers, diforderly Alehoufes, Bawdy-Houfes, Materials. 1 Hawk. 199. A Man builds a Houfe fo
Gaming-Houfes, Stages for Rope-Dancers, Mounte- near inine that it is a Nufance; I may enter and pull
banks, c. Brewing-Houfes erected in Places not it down; and a Man indicted for a Riot in fuch a
convenient; Cottages with Inmates; common Scolds, Cafe had only a fmall Fine fet on him. 2 Salk. 459.
Eves-Droppers, &c. are generally Common Nufances. Where two Houfes, one whereof is a Nufance to the
2 Inft. 406. If a Man ftops up the Light of ano-other, come both into one and the fame Hand, the
ther's Houfe; or builds fo near to and hanging over Wrong is purged. See Hob. 131. If a Ship be funk
mine, that the Rain which falleth from his Houfe in a Port or Haven, and it is not removed by the
falls upon mine; the Turning or diverting Water, Owner, he may be indicted for it as a common Nu-
running to a Man's Houfe, Mill, Meadow, &c. or fance, because it is prejudicial to the Commonwealth
ftopping up a Way, leading from Houfes to Lands; in hindering Navigation and Trade. 2 Lill. 244.
Suffering the next Houfe to decay to the Damage Indictment lies for laying Logs, &c. in the Stream
of my House; and fetting up or making a Houfe of of a publick navigable River: It is a common Nu-
Office, Lime-pit, Dye-houfe, Tan-houſe or Butcher's fance to divert Part of a publick navigable River
Shop, &c. and using them fo near my Houfe, that whereby the Current of it is weakened, and made
the Smell thereof doth annoy me, or is infectious; unable to carry Veffels of the fame Burden as it
or if they hurt my Lands or Trees, or the Corrup-could before: And if a River be topped to the
tion of the Water of Lime-pits fpoils my Water or Nufance of the Country, and none appear bound by
deſtroys Fiſh in a River, &c. Thefe are in general Preſcription to cleanfe it; thofe who have the Pi
Private Nufances. 3 Inft. 231. 9 Rep. 54. 5 Rep. 101. cary, and the neighbouring Towns that have a
any
C.
1 Roll. Abr. 88. 2 Roll. 140. I Danv. Abr. 173. For common Paffage and Eafement therein, may be
compelled
NU
NU
O
200.
#
a.
compelled to do the fame. 1 Hawk. P. C. 198, 199, i king a Noife with Hammers, fo that he could not
It is a common Nufance indictable, to divide fleep, was held a Nufance, for which A&tion lies;
a Houſe in a Town for poor People to inhabit in, although the Smith pleaded that he and his Ser-
by Reaſon whereof it will be more dangerous in vants worked at feafonable Times; that he had been
the Time of Sickness and Infection of the Plague.a Blacksmith, and ufed the Trade above twenty
2 Roll Abr. 139. A common Playhoufe, if it draws Years in that Place, and fet up his Forge in an
together fuch Numbers of Coaches and People as old Room, &c. For though a Smith is a neceffary
incommode and difturb the Neighbourhood, may be Trade, and fo is a Lime-burner, and a Hog-Mer
a Nufance; but thefe Places are not naturally Nu-chant; yet thefe Trades muſt be uſed not to be in-
fances, but become fo by Accident. I Roll. Rep. 109. jurious to the Neighbours. 1 Lutw. 69. But if a
1 Hawk. 191. A prohibitory Writ was iflued out of Schoolmafter keeps a School fo near the Study of a
B. R. against Betterton and other Actors, for ere&- Lawyer-by Profeffion, that it is a Difturbance to
ing a New Play-houfe in Little Lincoln's Inn Fields, him; this is not a Nufance for which Action may
reciting that it was a Nufance to the Neighbourhood; be brought. Wood's Inft. 538. An Innkeeper brought
and they not obeying the Writ, an Attachment was an Action on the Cafe against a Perfon for erecting
granted against them: But it was objected that an a Tallow Furnace, and melting ftinking Tallow fo
Attachment could not be iffued, and that the moft near his Houfe that it annoyed his Guests, and his
proper Method was to proceed by Indi&ment, and Family became unhealthful; and adjudged that
then the Jury would confider whether it were a the Action lay. Cro. Car. 367. So where a Perfon
Nufance or not; and this was the better Opinion. kept a Hogfty near a Man's Parlour, whereby he
5 Mod. 142. 2 Nelf. Abr. 1192. One Hall having loft the Benefit of it. 2 Roll. Abr. 140. Yet tis
begun to build a Booth near Charing Crofs for Rope faid to be no Nufance to a Neighbourhood, for a
dancing, which drew together a great many idle Butcher, or Chandler, to fet up their Trade and
People, was ordered by the Lord Chief Justice not Houfes amongst them: But it may be by fuch
to proceed; he proceeded notwithſtanding, affirm-Tradefmen, laying ftinking Heaps at their Doors;
ing that he had the King's Warrant and Promife to in other Cafes the Neceffity of the Thing, fhall
bear him harmless; but being required to give a difpenfe with the Noifomnefs of ir. Pafch. 5 Fac. 1.
Recognisance of 3001 that he would not go on with B. R. If a Man have a Spout falling down from
the Building, and he refufing, he was committed, his Houfe, and another Perfon erect any Thing
and a Record was made of this Nufance, as upon above it, that the Water cannot fall as it did, but
the Judge's own View, and a Writ iffued to the is forced into the Houfe of the Plaintiff, and rots
18 E. 3.
Sheriff of Middlefex to proftrate it. 1 Vent. 169. the Timber; it is a Nufance actionable.
1 Mod. 96. Erecting a Dove-cote is not a common 22. Roll. Abr. 140. And in Treſpaſs for a Nufance,
Nufance; though Action of the Cafe will lie at the in caufing ftinking Water in the Defendant's Yard
Suit of the Lord of the Manor for erecting it to run to the Walls of the Plaintiff's Houfe, and
without his Licence. 1 Hawk. 199. It was antient-piercing them fo that it run into his Cellar, &c.
ly held, that if a Man erected a Dove cote, he was Judgment was given for the Plaintiff. Hardres 60.
punishable in the Leet; but it has been fince ad- An Action lies for hindering of the wholfome Air,
judged not to be punishable in the Leet as a com-and allo for corrupting of the Air. 9 Rep. 58. And
mon Nufance, but that the Lord for this particular none fhall caft any Garbage, Dung, or Filth into
Nufance fhould have an Action on the Cafe, or an Ditches, Waters, or other Places, within or near
Affife of Nufance; as he may for building an Houfe any City or Town, on Pain of Punishment by the
to the Nufance' of his Mill. 5 Rep. 104. 3 Salk. 248. Lord Chancellor at Difcretion, as a Nufance: Stat.
Neither the King, nor Lord of a Manor, may Li-12 R. 2. c. 13. The Continuation of a Nufance is
cence any Man to make or commit a Nufance. as it were a new Nufance: Where a Nufance is
1 Roll Abr. 138. A Brewhouſe erected in fuch an erected in the Time of the Devifor, and continued
inconvenient Place, wherein the Bufinefs cannot afterwards by the Devifee, it is as the new Erec-
be carried on without greatly incommoding the ting of fuch a Nufance. 2 Leon. 129. Cro. Car. 231,
Neighbourhood, may be indicted as a common If one hath a Freehold Land adjoining to the High-
Nufance; and fo in the like Cafe may a Glafs-way, and he incroach Part of the Way, and lay
I Hawk. 199.
houfe, &c.
Where there hath been Lands to it; and then dying it comes to his Heir,
an antient Brewhoufe Time out of Mind, although if he continues it, tho' he do nothing elfe, he may
in Fleet-freet, &c. this is not any Nufance, because be indicted for the Continuance of the Nufance.
fhall be fuppofed to be erected when there were Roll. Abr. 137. A Man erects a Nufance, and then
no Buildings near: Tho' if a Brewhoufe fhould be lets it; the Continuance by the Leffee has been
now built in any of the High Streets of London, or held a Nufance, against whom the Action lies. Cr. Fac.
trading Places, it will be a Nufance, and Action on 373. Moor 353. But it is faid in another Cafe of
the Cafe lios for whom foever receives any Damage this Naiure, that admitting the Plaintiff might
thereby; and accordingly in an Action brought have an Affife of Nufance against the Builder, the
againſt a Brewer in the last Cafe, where a Perfon's Leffor, he cannot have an Action against his Lef
Goods were injured in his Shop, the Jury gave the fee, becauſe it would be Wafte in him to pull it
Plaintiff for two Years Damages fixty Pounds. down; but the Plaintiff may abate the Nafance
2 Lill. Abr. 246. Palm. 536. A Plaintiff was pof- ftanding on his own Ground: Yet where the Thing
feffed of an Houfe wherein he dwelled, and the done is a Nufance per intervalla, as a Pipe or Gutter,
Defendant built a Brewhoufe, &c. in which he Action lies against the Leffce, becaufe every fresh
burnt Coal ſo near the Houſe, that by the Stink | Running is a fresh Nufance; and if a Man have a
and Smoak he could not dwell there without Dan- Way over the Ground of another, and fuch other
ger of his Health; and it was adjudged that the ftops that Way, and then demifes the Ground, an
Action lay, though a Brewhoufe is neceffary, and Action lies against the Leffee for continuing this
If a Perfon af
fo is burning Coal in it. Hutton 135. If a Perfon Nufance. 1 Mod. 54. 3 Salk. 248.
melt Lead fo near the Cloſe of another Perſon that figns his Leafe with a Nufance, A&tion lies againſt
it injures his Grafs there, and whereby Cattle are him for continuing it, becauſe the Leafe was tranf
loft; notwithstanding this is a lawful Trade, and ferred with the original Wrong, and his Affign-
for the Benefit of the Nation, Action lies against ment confirms the Continuance; befides he hath a
him;
for he ought to ufe his Trade in wafte Places. Rent as Confideration for the Continuance, and
fo as no Damage may happen to the Proprietors of therefore he ought to answer the Damages occa-
2 Salk. 460. 2 Cro. 272, 555. If a
the Land next adjoining, 2 Rol. Abr. 140. Build-fioned by it.
ing a Smith's Forge near a Man's Houfe, and ma- Nufance is levied in an Houfe, &c. to the Prejudice
I
of
*
1
1
Ο Α
O A
Must be lawful, allowed by the Common
to
of another, and then the Houfe is aliened; Action
of the Cafe lies against him that levied it, and alfo
against the Alicenec for continuing it, by Stat. 13
Ed. 1. c. 24. If a Fair or Market be fet up to the
Nufance of another, the Party grieved may have
his Writ or Action. F. N. B. 187. 2 Saund. 173.
Lutw. 69, 91. And no fpecial Nufance need be af
figned, when a Matter appears to the Court to be a
Nufance. 9 Rep. 54. A Nufance in a Church-yard,
is properly of Ecclefiaftical Cognifance. Carthew
152. If a Man ftraiten a Way only, and do not
ftop it up, Action of the Cafe lieth, not Affife of
Nufance. 33 H. 6. c. 26. But for ftopping fuch Way
belonging to a Freehold Tenement, an Affife will
lie; and where one may have Affife of Nufance for
an Injury to his Way, there he fhall not have Ac-ments, are to be fworn to depofe the Truth in fuch
tion of Treſpaſs. 19 H. 6. 29. 2 Shep. Abr. 468.
When a Man hath but a Term of Years in a Houfe
or Lands, and not a Freehold, he ſhall not have an
Affife of Nufance; but Action upon the Cafe. New
Nat. Br. 10. Writs of Nufance, called Vicontiel, are
to be made at the Election of the Plaintiff deter-
minable before the Juftices of either Bench, or the
Juftices of Affife of the County, being in Nature of
Affifes, &c. 6 R. 2. c. 3. See Highway.
Form of a Writ of Nufance.
All Oaths
Law, or fome Statute; if they are adminiftred by
Perfons in a private Capacity, or not duly autho
rized, they are Coram non Judice, and void; and
thofe adminiftring them are guilty of a high Con-
tempt, for doing it without Warrant of Law, and
punishable by Fine and Impriſonment. 3 Inft. 165.
4 Inft. 278. 2 Roll. Abr. 257. One that was
teftify on the Behalf of a Felon or Perfon indicted
of Treafon, or other Capital Offence, úpon an In-
dictment at the King's Suit, could not formerly be
examined upon his Oath for the Priſoner againſt
the King; though he might be examined without
giving him his Oath: But by a late Statute, Wit-
neffes on the Behalf of the Prifoner upon India-
Manner as Witneffes for the King; and if con-
victed of wilful Perjury, fhall fuffer the Punish-
ment inflicted for fuch Offences. 1 Ann. c. 9. And
the Evidence for the Defendant in an Appeal,
whether Capital or not, or on Indictment or Infor-
mation for a Mifdemeanor, was to be upon Oath
before this Statute. 2 Hawk. P. C. 434. A Perfon
that is to be a Witness in a Caufe may have two
Oaths given him, one to ſpeak the Truth to fuch
Things as the Court fhall ask him concerning him-
felf, or other Things which are not Evidence in
the Caufe; and the other to give Teftimony in the
Caufe in which he is produced as a Witnefs: The
former is called the Oath upon a Voyer dire. Pafch.
23 Car. B. R. If Oath be made againft Oath in a
Caufe, it is a Non liquet to the Court which Oath
is true; and in fuch Cafe the Court will take that
Oath to be true, which is to affirm a Verdict, Judg.
ment, &c. as it tends to the expediting of Justice.
2 Lill. Abr. 247. And the Court will rather believe
the Oath of the Plaintiff than the Oath of the De-
fendant, if there be Oath against Oath; because it
is fuppofed that the Plaintiff hath Wrong done.
him, and that he is forced to fly to the Law to ob-
tain his Right. Ibid. A voluntary Oath, by the
Confent and Agreement of the Parties, is lawful
as well as a compulfory Oath; and in fuch Cafe,
if it is to do a Spiritual Thing, and the Party fail,
he is fuable in the Ecclefiaftical Court, pro laftone
Fidei; and if to do a Temporal Thing, and he fail
therein; he may be punished in B. R. Adjudged on
Affumpfit, where if the Defendant would make
Oath before fuch a Perfon, the Plaintiff promifed,
&c. Cro. Car. 486. 3 Salk. 248. By the Common
Law, Officers of Justice are bound to take an Oath
for the due Execution of Juftice. Trin. 22 Car. 1.
B. R. Though if Promiffory Oaths of Officers are
Is an Abverb of Calling; or Interjection of broken, they are not punished as Perjuries, like
Sorrow: And the feven Antiphones, or alter unto the Breach of Affertory Oaths; but their Of
nate Hymn of feven Verfes, &c. fung by the Quire fences ought to be punished with a fevere Fine,
in the Time of Advent was called O, from begin-c. Wood's Inft. 412. Antiently at the End of a
ning with fuch Exclamation. In the Statutes of
St. Paul's Church in London, there is one Chapter
De faciendo O. Liber Statut. MS. f. 86.
G
EORGE the Second, &c. To the Sheriff of S.
Greeting A. B. bath complained to us, that C.D.
unjustly, &c. bath raised, and fet up a Wall, or stopped
a certain Way, or made a Ditch, &c. to the Nufance of
his Freehold in R. And therefore we Command you, that
if the faid A. Shall make you fecure, &c. Then do you
caufe twelve free and lawful Men of the fame Venue
or Neighbourhood, to view the Wall, or Way, &c. and
that Tenement, and their Names to be impanell'd; and
Summon them by good Summoners, that they be before
our Fuftices at, &c. ready to recognize, &c. and fum-
mon the faid C. that he be then there to hear, &c.
Butrimentum, Nouriſhment, particularly ap-
plied to Breed of Cattle Quilibet Cuftumarius
Domina non debet vendere Equum mafculum neque Bo-
vem de proprio Nutrimento fuo. Paroch. Antiq.
401.
Nyas, (Nidarius, accipiter) à Hawk or Bird of
Prey. Litt. Dict.
O,
O.
legal Oath, was added, So help me God at his holy
Dome, i. e. Judgment; and our Ancestors did be-
lieve, that a Man could not be fo wicked to call
God to witnefs any Thing which was not true; but
that if any one fhould be perjured, he muſt con-
tinually expect that God would be the Revenger:
And thence probably Purgations of Criminals, by
their own Oaths, and for great Offences by the
Oaths of others were allowed. Malmsb. lib. 2. c. 6.
Leg. H. 1. c. 64.
Dath, (Sax. Eoth, Lat. Furamentum) Is an Affir-
mation or Denial of any Thing, before one or more
Perfons who have Authority to adminifter the fame,
for the Diſcovery and Advancement of Truth and
Right, calling God to Witnefs, that the Teftimony
is true; therefore it is termed Sacramentum, a
Holy Band or Tie: And it is called a Corporal Oath,
becauſe the Witnefs when he fwears lays his Right- Daths to the Government. By Magna Charta,
hand upon and toucheth the Holy Evangelifts, or the Oaths of the King, the Bishops, the King's
Book of the New Testament. 3 Inft. 165. There are Counsellors, Sheriffs, Mayors, Bailiffs, &c. were
ſeveral Sorts of Oaths in our Law, viz. Furamentum appointed, 9 H. 3. The Oaths of the Judges of
promiffionis, where Oath is made either to do or not both Benches; and of the Clerks in Chancery
to do fuch a Thing. Juramentum purgationis, when and the Curfitors, were ordained by 18 Ed. 3. Ec-
a Perfon is charged with any Matter by Bill in clefiaftical Perfons are required to take the Oaths
Chancery, &c. Juramentum probationis, where any of Supremacy, &c. And Clergymen not taking
one is produced as a Witnefs, to prove or difprove the Oaths, on their Refufal being certified into
a Thing: And Furamentum triationis, when any Per- B. R. &c. incur a Premunire. 1 Eliz. cap. 1. Offi-
fons are ſworn to try an Iffue, &c. 2 Nelf. 1181.cers and Ecclefiaftical Perfons, Members of Par-
6 U
liament,
2
▸
"
}
}
O A
liament, Lawyers, c. are to take the Oath of
Allegiance, or be liable to Penalties and diſabili-
ties. 7 Fac. 1. c. 6. Perfons fhall take the Oaths,
to qualify them
*
O B
Form of the Oath of Abjuration required by Law.
in my Confcience, before God and
and receive the Sacrament,ac qua corporations. I testify and declare in my consciencen, wledge, profefs,
bear any Office of Magiftracy in
13 Car. 2. c. 1. And Officers of the Lieutenancy the World, that our Sovereign Lord King George, is
and Militia are required to take the Oaths by lawful and rightful King of this Realm, and all other
13 Car. 2. c. 6. All Perfons that bear any Office, the Dominions and Countries thereunto belonging. And I
Civil or Military, or receive any Salary, &c. do folemnly and fincerely declare, that I do believe in my
from the King, are to take the Oaths of Allegi- Confcience, that the Perfon pretended to be Prince of
ance and Supremacy; and Perfons refufing are Wales, during the Life of the late King James 2. and
difabled, c.25 Car. 4. c. 2. By the 1 W. & M. fince his Deceafe pretending to be, and taking upon him-
Seff. 1. c. 6. the Coronation Oath was altered and felf the Stile and Title of King of England, by the
regulated; and the Oaths of Allegiance and Supre- Name of James 3. or of Scotland, by the Name of
macy abrogated, and others appointed to be taken James 8. or the Stile and Title of King of Great
and enforced, on Pain of Difability, &c. by W. Britain, hath not any Right or Title whatsoever to the
M. c. 8. and 7 & 8 W. 3. c. 27. All that bear Crown of this Realm, or any other the Dominions there-
Offices in the Govermnent, Peers and Members of unto belonging. And I do Renounce, Refuse and Abjure
the House of Commons, Ecclefiaftical Perfons, any Allegiance or Obedience to him; and I do fwear,
Members of Colleges, School-mafters, Preachers, that I will bear Faith and true Allegiance to his Ma-
Serjeants at Law, Counsellors, Attornies, Solicitors, jefty K. George, and him will defend to the utmost of
Advocates, Proctors, &c. are enjoined to take the my Power against all traiterous Confpiracies and Attempts
Oaths of Allegiance, Supremacy and Abjuration; whatsoever, which shall be made agains bis Perfon,
and Perfons neglecting or refufing, are declared in- Crown or Dignity. And I will do my utmost Endea
capable to execute their Offices and Employments, vours to difclofe or make known to his Majesty and bis
difabled to fuc in Law or Equity, to be Guardian, Succeffors, all Treaſons and Traiterous Confpiracies which
Executor, &c. or to receive any Legacy or Deed I shall know to be against him or any of them. And I
of Gift, to be in any Office, &c. and to forfeit do faithfully promife, to the utmost of my Power to fup-
500 1. This extends not to Conftables, and other port, maintain and defend the Succeffion of the Crown a
Pariſh-officers, nor to Bailiffs of Manors, &c.gainst him the faid James, and all other Perſons what-
13 W. 3. c. 6. The Stat. 1 Ann. c. 22. obliges the foever; which Succeffion by an Act entitled, An A&t for
receiving the Abjuration Oath, with Alterations: the further Limitation of the Crown, and better
And by 4 Ann c. 8. the Oath of Abjuration is fettled Securing the Rights and Liberties of the Subject,
after the Death of Queen Anne, without Iffue. is and stands limited to the late Princefs Sophia, Elec-
Alfo the Oath of Abjuration, with further Altera-trefs and Dutchefs Dowager of Hanover, and the Heirs
tions relating to the Proteftant Succeffion, is requi- of her Body, being Proteftants. And all thefe Things I
red to be taken by the 1 Geo. 1. c. 13. And by a
late Statute, all Perfons whatsoever are to take the
Oaths to the Government, or regifter their Eftates,
upon Pain of Forfeiture, &c. 9 Geo. I. c. 24. See
Papifts.
Perfons maintaining an Oath to be unlawful, are
punishable by Fine and Imprisonment, &c. Stat.
13 & 14 Car. 2. Two Juftices of Peace have Power|
to tender the Oaths to fufpected Perfons; and if
they refuſe them, it is to be certified to the next
Quarter-Seffions, and from thence into B. R. and
the Offenders fhall be adjudged Popish Recufants
Convi&, and forfeit Lands, Goods, &c. But it
hath been held that a Perſon cannot be faid to re-
fufe the Oaths unleſs they are read or offered to be
read to him. Oaths must be taken in the very
Words expreffed in the A&ts, and cannot be quali
fied; yet ufing the Words in Confcience, inftead of
Confcience, or Sea of Rome, inftead of See of
Kome, is not material. 1 Bulft. 197.
my
Form of the Oaths of Allegiance and Supremacy.
I
-
do plainly an fincerely acknowledge and fwear, according
to the express Words by me Spoken, and according to the
plain and common Sense and Underftanding of the faid
Words; without any Equivocation, mental Evafion, or
fecret Refervation whatsoever. And I do make this Re-
cognition, Acknowledgment, Abjuration, Renunciation,
and Promife, beartily, willingly and truly, upon the true
Faith of a Chriftian.
So help me God.
Datmeal, The Selling of corrupt Oatmeal, is pu
nifhable by Statute, which fhall be forfeited for the
fecond Offence, &c. See 51 E. 1. Pult. Kallend.
Stat. 323-
|
Obedientia, In the Canon Law is uſed for an
Office, or the Adminiftration of it: Whercupon
the Word Obedientialis, in the Provincial Confti-
tutions, is taken for Officers under their Supe-
riors. Can. Law, cap. 1. And as fome of theſe
Offices confifted in the Collection of Rents or Pen-
fions, Rents were called Obedientia; Quia collige-
bantur ab Obedientialibus. But though Obedientia was
a Rent, as appears by Hoveden, in a general Ac-
ceptation of this Word it extended to whatever
was enjoined the Monks by the Abbot; and in a
more reftrained Senfe to the Cells or Farms which
belonged to the Abbey to which the Monks were
fent, Vi ejufdem obedientia, either to look after the
Farms, or to collect the Ren's, c. Prohibe-
de-mus ne Redditus quos Obedientias vocant ad firmam te-
neant. Matt. Parif. Ann. 1213.
A. B. do fincerely promiſe and fwear, that I will be
Faithful, and bear true Allegiance to his Majefty
King George.
So help me God.
And I do fwear, that I do from my Heart abhor,
teft and abjure, as impious and heretical, that damnable
Doctrine and Pofition, that Princes excommunicated or de-
prived by the Pope, or any Authority of the See of Rome,
may be depofed or murdered by their Subjects, or any
other whatſoever: And I do declare, that no Foreign
Prince, Perfon, Prelate, State or Potentate, bath or
ought to have any Furifdiction, Power, Superiority, Pre-
heminence or Authority, Ecclefiaftical or Spiritual, within
this Realm.
4
!
So help me God.
Dbit, (Lat.) Signifies a Funeral Solemnity or
Office for the Dead, moft commonly performed
when the Corpfe lies in the Church uninterred :
Alfo the Anniversary Office. 2 Cro. 51. Dyer 313.
The Anniversary of any Perfon's Death was cal-
led the Obit; and to obferve fuch Day with Prayers
and Alms, or other Commemoration, was the
Keeping of the Obit: And in Religious Houfes
they had a Regifter, wherein they entered the
Obits or Obitual Days of their Founders and Bene-
factors,
1
O B
ОС
factors, which was thence termed the Obituary.
The Tenure of Obit or Chantry Lands is taken a-
way and extin&t, by the Stat. 1 Ed. 6. c. 14. and
15 Car. 2. c. 9.
Dbjurgatrices, Are Scolds or unquiet Women,
punished with the Cucking-ftool. MS. LL. Lib. Burg.
Ville de Montgomery temp. Hen. 2.
Dblata, Gifts or Offerings made to the King by
any of his Subjects, which in the Reigns of King
John and K. Hen. 3. were fo carefully heeded, that
they were entered into the Fine Rolls under the
Title of Oblata; and if not paid, efteemed a Duty,
and put in Charge to the Sheriff. Philips of Pur
veyance. In the Exchequer it fignifies old Debts,
brought as it were together from precedent Years,
and put on the prefent Sheriff's Charge. Pract.
Excheq. 78.
&c. See Bond.
See alfo Stat. 1 R. 2. 28, H. 8.
5 Ed. 6. 13 & 31 Eliz. 16 Car. 2.
•
Obligo, Is the Party that enters into or makes
an Obligation; and the Obligee is the Perfon to whom
made.
Dbolata terræ, Is according to fome Accounts,
Half an Acre of Land; but others hold it to be
only Half a Perch. Spelm. Gloff.
Obventions, (Obventiones) Are Offerings or
Tithes; and Oblations, Obventions and Offerings are
generally one and the fame Thing, though Obven-
tion has been efteemed the most comprehenfive.
The Profits of the Churches in London were former-
ly the Oblations and Obventions; for which a Remedy
is given by Law: But the Tithes and Profits arifing
to the London Clergy are now fettled and appointed
by Act of Parliament. Count. Parf. Compan. 138.
Rents and Revenues of Spiritual Livings are called
Obventions. 12'Car. 2. c. 11. Margeria Comitiſſa
de Warwick Univerfis Sante Matris Ecclefia filiis, &c.
dedi omnes Obventiones tam in Decimis Majoribus &
Minoribus, quam in aliis rebus de Affartis de W.
cimam pannagii, &c. MS. penes Will. Dugdale,
Mil. See Oblations.
•
De-
Decafió, Is taken for a Tribute which the Lord
impofed on his Vaffals or Tenants; propter occa-
fiones Bellorum vel aliarum Neceffitatum. And Occa-
fionare fignified to be charged or loaded with Pay-
ments; or occafional Penalties. Fleta, lib. 1. c. 24.
Dblations, (Oblationes) Are thus defined in the
Canon Law: Dicuntur, quæcunque à piis fidelibufque
Chriftianis offeruntur Deo & Ecclefia, five res folida five
mobiles fint. Spelm. de Concil. Tom. I. p. 393.
The Word is often mentioned in our Law-Books;
and formerly there were feveral Sorts of Oblations,
viz. Oblationes Altaris, which the Prieft had for
faying Mafs; Oblationes Defunctorum, which were
given by the Laft Wills and Teftaments of Perfons
dying to the Church; Oblationes Mortuorum, or
Funerales, given at Burials; Oblationes Pænitentium,
which were given by Perfons penitent; and Obla-
tiones Pentecoftales, &c. The Chief or Principal Decationes, Derived ab occando, viz. Harrowing
Feafts for the Oblations of the Altar, were All Saints, or Breaking Clods, are Affarts: Affarta vulgo dicuntur
Christmas, Candlemas and Eafter, which were cal-que apud Ifidorum Occationes nominantur. Lib. niger
led Oblationes quatuor principales; and of the Cufto- Scacc. par. 1. cap. 13. Spelm.
mary Offerings from the Parishioners to the Pa-
rifh-pricft, folemnly laid on the Altar, the Mafs or
Sacrament Offerings were ufually Three-pence at
Christmas, Two-pence at Eafter, and a Penny at the
two other principal Feafts: Under this Title of Ob-
lations were comprehended all the accustomed Dues
for Sacramentalia or Chriftian Offices; and alfo the
little Sums paid for faying Maffes and Prayers for
the Deceased. Kennet's Gloff. Oblationes funerales
were often the best Horfe of the Defunct, delivered
at the Church-Gate or Grave to the Prieft of the
Parish; to which old Cuſtom we owe the Original
of Mortuaries, &c. And at the Burial of the Dead,
it was ufual for the furviving Friends to offer libe-
rally at the Altar for the pious Ufe of the Prieft,
and the good Eftate of the Soul deceafed, being
called the Soul-Seat: In North Wales this Ufage ftill
prevails, where at the Rails of the Communion
Table in Churches, is a Table: conveniently fixed,
to receive the Money offered at Funerals, accord-4. it is faid getteth the Property for the Remainder
ing to the Quality of the Deceafed; which has
been obferved to be a providential Augmentation
to fome of thoſe poor Churches. Kennet's Gloff. At
first the Church had no other Revenues befide
thefe Oblations, till in the fourth Century it was
enriched with Lands and other Poffeffions. Blount.
Oblations, &c. are in the Nature of Tithes, and
may be fued for in the Ecclefiaftical Courts, and
it is faid are included in the A&t 7 & 8 W. 3. for
Recovery of ſmall Tithes under 40 s. by the De-
termination of Juftices of Peace, &c. Contr. Parf.
Compan. 137, 138.
"
·
Obligation, (Obligatio) Is a Bond, containing a
Penalty, with a Condition annexed for Payment of
Money, Performance of Covenants, or the like;
and it differs from a Bill, which is generally with-
out a Penalty or Condition, tho' a Bill may be Ob-
ligatory. Co. Lit. 172. And Obligations may be by
Matter of Record; as Statutes and Recognizances,
to which there are fometimes added Defeafances,
like to the Condition of an Obligation: But when
the Obligation is Simple or Single, without any De-
feafance or Condition, it is moft properly called
fo. 2 Shep. Abr. 475. Simony or Ufury against the
Statutes, is pleadable in Avoidance of Obligations,
Decupant, (Occupans) Is he that firft feifes or gets
Poffeffion of a Thing. An Island in the Sea, preci-
ous Stones on the Sea-fhore, and Treaſure diſcover-
ed in a Ground that has no particular Owner, by
the Laws of Nations belong to him who finds them,
and gets the first Occupation of them. Treat. Laws
342. Where a Man findeth a Piece of Land that
no other poffeffes or hath Title unto, and he that
fo finds it doth enter upon the fame, this gains a
Property, and a Title by Occupancy: But this Man-
ner of gaining Property of Lands has long fince
been of no Ufe in England; for Lands now poffeffed
without any Title are in the Crown, and not in him
that firft enters. Ibid. 218. Though an Estate for
another Perfon's Life, by our antient Laws, may be
gotten by Occupancy: As for Example; A. having
Lands granted to him for the Life of B. dieth with-
out making any Eftate of it; in this Cafe, whofo-
ever firft enters into the Land after the Death of
of the Eftate granted to 4. for the Life of B. For
to the Heir of A. it cannot go, not being an Eſtate
of Inheritance, but only an Eftate for another Man's
Life; which is not defcendable to the Heir, unleſs
he be fpecially named in the Grant: And the Exe-
cutors of A. cannot have it, as it is not an Estate
Teftamentary, that it should go to the Executors
as Goods and Chattels; fo that in Truth no Man
can intitle himſelf unto thofe Lands: And therefore
the Law preferreth him that first enters, and he is
called Occupans, and fhall hold the Land during the
Life of B. paying the Rent, and performing the
Covenants, &c. Bac. Elem. 1. And not only if Te-
nant pur terme d'auter Vie dies, living Cefuy que Vie;
but if Tenant for his own Life grant over his Eftate
to another, and the Grantee dies before him, there
fhall be an Occupant. Co. Litt. 41, 3SS. A Man can-
nor be an Occupant but of a void Poffeffion; and it
is not every Poffeffion of a Perfon entring that
can make an Occupancy, for it must be fuch as will
maintain Trefpafs without farther Entry. Vaugh.
191, 192. Carter 65. 2 Keb. 250. There can be no
Occupancy by any Perfon of what another hath a
prefent Right to poffefs: Occupancy by Law muſt be
of Things which have natural Exiftence, as of
Land,
1
OF
OF
i
1
Land, &c. and not of Rents, Advowfons, Fairs, frials, c. or at conftant Times, as at Eafter, Chrift-
Markets, Tithes, &c. which lie in Grant, and are mas, &c. Count. Parf. Compan. 137. Stat. 2 & 3
incorporeal Rights and Eftates; and there cannot Ed. 6. Vide. Oblations.
be an Occupant of a Copyhold Eltate. Vaugh. 190. Offerings of the King. All Offerings made at
Mod. cap. 66. And Occupancy of Land in our Law the Holy Altar by the King and Queen, are di-
now ſeldom happens; Leafes and Grants being ge-tributed amongit the Poor by the Dean of the
nerally made to the Leffees or Grantees, and their Chapel: And there are twelve Days in the Year,
Heirs, during the Life of Ceftui que Vie, whereby called Offering Days, as to theſe Offerings, viz. Chrift-
the Lands for the Remainder of the Term de- mas, Eafter, Whitfunday, All Saints, New Year's Day,
fcend to the Heir, &c. Wood's Inft. 216. By Sta-Twelfth Day, Candlemas, Annunciation, Afcenfion, Tri-
tute, any Eftate pur auter Vie fhall be devifable by
Will in Writing; and if no Devife thereof be made,
but the Heir become fpecial Occupant, it fhall be
Affets in his Hands by Defcent to pay Debts; and
if there be no fpecial Occupant, it fhall go to the
Executors or Adminiſtrators of the Party that had
the Eſtate, and be Affets in their Hands. 29 Car. 2.
c. 3. It hath been adjudged, that an Heir, Execu-
tor, & fhall be charged on this Stature with Pay-
ment of Debts only, not Legacies, except devifed
particularly out of the Eftate; and an Eftate, pur
auter Vie of an Inteftate, is not diftributable. Mich
8 W. 3. B. R. 2 Salk. 464.
Decupation, (Occupatio) Significs in our Law Ufe
or Tenure; as we fay fuch Land is in the Tenure
or Occupation of fuch a Man, thar is, in his Poffef
fion or Management: Alfo it is ufed for a Trade
or Mystery. 12 Car. c. 18. 249. And Occupationes at
large are taken for Purprestures, Intrusions and Ufur
pations; and particularly for Ufurpation upon the
King, by the Stat. de Bigamis, c. 4. 2 Inft. 272.
Decupabit, Is a Writ that lies for him who is
ejected out of his Freehold in Time of War; as
the Writ Novel Diffeifin lies for one diffeifed in Time
of Peace. Ingham.
Diabe, The eighth Day after any Feaft inclu-
fively. See Utas.
nity Sunday, St. John Baptift, and Michaelmas-Day:
All which are high Festivals. Lex Conftitution. 184.
The Offering commonly made by King James 1.
was a Piece of Gold, having on one Side the Por-
trait of the King kneeling before the Altar, with
four Crowns before him, and circumfcribed with
this Motto, Quid retribuam Domine pro omnibus que
tribuit mihi 2 And on the other Side, a Lamb lying
near a Lyon, with this Infeription, Cor contritum &
humiliatum non defpiciet Deus. Ibid.
Dffertorium, Is ufed for a Piece of Silk, or fine
Linen, to receive and wrap up the Offerings or
occafional Oblations in the Church. Statut. Eccl.
Offertorium
S. Paul, London, MS. fol. 39.
-
effe Sindonem fericeam, feu Linteamen, in quo fidelium
Oblationes reponebantur.
Sometimes this Word
fignifies the Offerings of the Faithful; or the Place
where they are made or kept: And fometimes the
Singing at the Time of the Sacrament, &c.
Dffice, (Officium) Is a Function, by Virtue where--
of a Man hath fome Employment in the Affairs of
another, as of the King, or any common Perfon.
And an Officer, is he that is in Office, who is fo em-
ployed. The King in a general Senfe, is the
Chief and Supream Officer, for the Government
of the Kingdom: And Officers under him are diftin-
guished into Ecclefiaftical, for Church Affairs; Civil,
Doio & tia, Was a Writ antiently called Breve concerning Matters of Juftice; and Military, be-
de Bono & Malo, directed to the Sheriff to inquire longing to the Army, &c. Alfo Officers are Judi-
whether a Man committed to Prifon upon Sufpicion cial, as thofe who fit as Judges in the Courts at
of Murder, were committed on juft Caufe of Sufpi- Westminster, and other Courts; or Minifterial, the
cion, or only upon Malice and Ill-will: And if upon greater Part whereof attend upon the others, to
the Inquifition it were found that he was Not guilty, make ready Things for them, or execute what they
2 Shep. Abr. 497, 498. And
then there iffued another Writ to the Sheriff to bail have determined.
him. Reg. Orig. 133. Bract. lib. 3. cap. 20. Stat. there are Officers of Counties; of Ciries and Cor-
3 Ed. 1. cap. 11. But now that Courfe is taken away,porate Towns; and of Hundreds, Manors, and
by the Stat. 28 Ed. 3. c. 9. S. P. C. 77. 2 Inft. 42.
9 Rep. 506.
Deconomus, Is fometimes taken for an Advocate
or Defender; as, Summus Secularium Oeconomus &
Protector Ecclefia. Matt. Parif. Anno 1245.
Deconomicus, A Word uſed for the Executor of
a Laft Will and Teftament, as the Perfon who had
the Oeconomy or fiduciary Difpofal of the Goods of
the Party deceafed. Hift. Dunelm. apud Whartoni
Angl. Sacr. par. 1. pag. 784.
Parishes; fome whereof hold their Offices for one
Year only, others during Pleafure, and fome du-
ring Life. Ibid. 509. There is an Office in Fee,
which a Man hath to him and his Heirs: And Of-
fices may be granted in Fee-fimple, Fec-tail, for
Life, Years, &c. But Offices which concern the
Adminiftration of Justice, cannot be granted for
Years, to go to Executors, &c. 9 Rep. 97. Every
Subject is capable of an Office generally by Grant;
but if an Office that concerns the Adminiftring or
Offence, (Delictum) Is an A&t committed againft Execution of Justice, &c. be granted to one who
a Law, or omitted where the Law requires it, and is not skilled to execute it, the Grant is void.
punishable by it. Weftm. Symb. And all Offences are Cro. Fac. 605. And no Man, though never fo skil-
Capital, or not fo; Capital, thofe for which the Of-ful, is capable of a judicial Office in Reverfion ;
fender fhall lofe his Life: And not Capital, where, for notwithſtanding a Perfon may be of Ability to
an Offender may forfeit his Lands and Goods, be execute the Place at the Time of the Grant of the
fined or fuffer corporal Puniſhment, or both; but Reverfion, yet before the Office falls, he may be-
not Lofs of Life. H. P. C. 2, 126, 134. Capitál Ofcome unable and infufficient to perform it: But
fences are comprehended under High Treafon, Petit minifterial Offices may be granted in Reverfion, in
Treafon, and Felony: Offences not Capital include Fee, or for Life, &c. as the Office of Marshal of
the remaining Part of the Pleas of the Crown, and England, Chamberlain of the Exchequer, Warden of
come under the Title of Mifdemeanors. An Of the Fleet, &c. 1 Inft. 3. 11 Rep. 4. 2 Roll. Abr. 286.
fence may be greater or lefs, according to the Place Officers of the King's Courts are to be fworn to ap-
wherein it is done. Finch 25. But the Offence will be point fuch Minifters under them, for whom they
in equal Degree in them, who are equally tainted will anfwer fhall be faithful, and fuch as are fuf-
with it; and thofe that A&t and Confent thereto, are ficient, and attending the Performance of their
alike Offenders. 5 Rep. So. Some Offences are by the refpe&tive Bufineffes. Stat. 2 H. 6. cap. 10. By 12
Common Law; but moſt of them are by Statutes. R. 2. cap. 2. it is enacted, That no Officer or Mini-
Offerings, Are reckoned among Perfonal Tithes, fter of the King fhall be ordained or made for any
payable by Cuſtom to the Parfon or Vicar of the Gift, Favour or Affection; nor fhall any be put
Parish, either occafionally, as at Sacraments, Mar-into Office, but fuch as are fufficient; a Law (faid
riages, Chriftenings, Churching of Women, Bu-Sir Edward Coke) worthy to be writ in Letters of
+
Gold,
}
;
I
OF
OF
*
Gold, but more worthy to be put in Execution: Offices of Truft must be perfonally executed, ex-
For certainly Juftice will never be duly admini- cept granted to be executed by Deputy; and Offices
ftred, but when the Officers and Minifters of Juftice of perfonal Truft cannot be affigned. Vaugh. 181.
are of fuch Quality, and come to their Places in There fhall be no Survivorship of an Offie of Truft,
fuch Manner as by this Law is required. Co. Litt. if it be not granted to two Officers, &c. and the Sur-
And by the Stat. 5 & 6 Ed. 6. c. 16, if any Officers vivor. 2 Mod. 260. Where an Office of Trust is
touching the Adminiſtration of Juftice, or concern-granted to two for their Lives, by the Death of
ing the King's Treasure, &c. fhall bargain or fell one the Grant is void: But if it were & eorum diu-
any of the faid Offices, or take any Money, Profit, tius viventis, the Survivor fhall hold, to whom an-
Reward, &c. for the fame, they fhall not only for- other may be added. 11 Rep. 3, 4 A Man having
feit their Eftates therein, but every Perfon fo buy an Office granted him, to enjoy fo long as he be-
ing, giving or affuring, fhall be adjudged difabled haves well, Quamdiu ſe bene geſſerit, hath an Estate in
to hold the fame Office, and all Contracts fhall be it for Life. Show. 523, 531. 4 Mod. 167. An Eftate
void, &c. But the two Chief Juftices, or Juftices in an Office durante beneplacito, is at the Will of the
of Affife, may grant Offices as before this A&t. And King only; and may be furrendered, forfeited, &.
if an Office deferibed by the Statute has a Salary 2 Salk. 465. Publick Officers by Patent, cannot be
annexed to it, a Deputation thereof referving a lefs removed at Pleafure; nor may any Officer be thus
Sum than the standing Salary, will not be within removed, where he hath any other Fees and Pro-
the Statute; fo referving a Sum out of the Fecs, fits belonging to his Office, befides a collateral certain
c. as to making Bonds and Securities void. Mod. Fee. But private Officers by Grant may be turn
Caf 235. The Statutes 14 R. 2. & 1 & 13 H. 4 ed out at Pleaſure; and fo may an Officer for Life,
ordain, that Officers of the Cuftoms fhall not have where he hath no other Profit but a collateral
any fuch Office for Term of Life, only during the certain Fee; as a Bailiff, Receiver, Auditor, &c.
King's Pleasure; and they fhall be refident on yet it is faid he must have his Fee. 1 Inft. 233. Litt.
their Offi es in their proper Perfons. An Officer of 378. 9 Rep. 50. 3 Cro. 59, 60. Non-ufer of publick
the Revenue withdrawing himſelf from the Execu-Offices, which concern the Commonwealth, is a
tion of his Office, to the Intent a Grant or Deputa-Caufe of Forfeiture: Though Non-ufer of it felf,
tion might be made to another, on certain Terms. without fome fpecial Damage, is no Forfeiture of a
Vide Skinn. 340. Sir Robert Vernon Cofferer in the private Office; and the fame may be faid of a Refu-
Reign of King James I. for a certain Sum of Mo- fal to execute the Office upon Requeft. 9 Rep. 50.
ney, did bargain and fell his Place to Sir A. F. and Inft. 233. For Mil-ufer an Office is liable to be
agreed to furrender the fame to the King, to the forfeited; as if a Steward of a Court, burns the
Intent a Grant might be made to Sir 4. 7, and he Court Rolls, takes a Bribe, &c. Wood's Inft. 204. And
accordingly furrendered, and thereupon Sir A. was where a Condition in Law requires Skill and Confi-
by the King's Appointment admitted and fworn dence in Cafes of Offices, which defcend to an In-
Cofferer; and yet it was adjudged by the Lord fant or Feme Covert; if they do not obferve it,
Chancellor Egerton, and other Juftices, that the they forfeit their Intereft: But if an Infant or
faid Office was void; whereupon Sir A. 7. was re- Feme Covert break a Condition in Law, that re-
moved, and another fworn in his Place. Co. Litt. quires no Skill or Confidence, this is no abfolute
234. Queen Elizabeth granted the Office of Exigen- Forfeiture. 1 Inft. 233. 8 Rep. 44. Officers entrusted
ter of London to one, when there was no Lord Chief with a particular Adminiftration of Justice; as She-
Juftice of the Common Pleas; and it was held that riffs, Coroners, Gaolers, Keepers of Houſes of Cor-
the Grant was void, because the Office was incident rection, Conftables, &c. neglecting any Part of their
to that of Chief Justice, &c. Dyer 257. 4. Rep. 33. Duties, may be fined and imprisoned. Wood 421.
Where an Affife has been brought on the King's All Officers Civil and Military are to take the Oaths,
granting an Office in the Gift of another, fee Moor and receive the Sacrament, &c. upon Pain of Dif-
844. The King may not grant an Office to the Pre-ability, and other Penalties. Stat. 25 Car. 2. 13 W. 3.
judice of the Freehold of others in their Offices, And no fuch Office fhall be void on the Death of
which is contrary to Law, and the Judges in fuch the King, but ſhall continue fix Months; unleſs ſu-
a Cafe refuſed to admit an Officer, tho' commanded perfeded, or made void by the next Succeffor.
to do it by Sign Manual. I And. 152. A Perfon Ann. c. 8. Perfons that have forfeited any Office to
who was Remembrancer of the Exchequer, and which another is preferred, fhall not be restored
held that Office by Patent for Life, was made a to the fame. Stat. Ann. c. 2. Officers, &c. having
Baron of that Court; adjudged that the Office of neglected to take the Oaths, allowed further Time to
Remembrancer was ipfo facto void and determi-do it, &c. 6 Geo. 2. c 4. But all Perfons who ſhall
ned, becauſe a Man cannot be Judge and Mini- hereafter be admitted into any Office, fhall take the
fter in one and the fame Court. Dyer 198. Several Oaths, &c. within fix Months, or be actually liable
Offices were never inftituted to be ufed by one to all Penalties and Diſabilities, by Stat. 9 Geo. 2. c.
Man: And no new Office can be erected with new 26, and 16 Geo. cap. 30.
-
i
I
Fees, or old Offices ettabliſhed with new Fees, with- Offices of the Government. The Parliament in
out an A&t of Parliament; as the Fees amount to a former Times had a Right in nominating, placing,
Taxation upon the Subject, who may not be ſo char-and difplacing of the Great Officers of the Kingdom,
ged but by Parliament. 2 Inft. 533. 12 Rep. 117. An-when they corrupted or mifcounfelled the King,
cient Offices are to be granted in fuch Manner as of which many Instances may be given. Pryn.
they used to be, unleſs an Alteration is made by A&t Office found, Is where an Inquifition is made to
of Parliament: If an Officer is conftituted by Stathe King's Ufe of any Thing by Virtue of his Of-
tute, he hath no greater Authority than the Statute fice who inquireth, and it is found by the Inquifition.
gives him; he cannot preferibe as an Officer at Com- In this Signification it is uſed in the Stat. 33 Hen. 8.
mon Law may. 4 Inft. 75, 146, 267. 4 Rep 75. If cap. 20. and Staundford's Prerog. pag. 60. where to
a Man preferibes to an Office, and the Profits there-
of, he ought to fhew it to be Antiquum Officium.
Cro. Fac. 605. And a Fee may belong to an antient
Office, and Debt will lie for it. Lutw. 381. If a
Perfon ufurps an Office, the A&ts of the Officer are
void; but if he comes in by Colour of Election,
Sc. his Acts fhall be binding, though he is only an
Officer de facto; for all minifterial and judicial Acts
done by an Officer de facto are good. i Lutw. 508.
traverse an Office, is to traverfe an Inquifition taken
of Office And to return an Office, is to return that
which is found by Virtue of the Office. Kitch. 177.
There are two Kinds of Offies iffuing out of the
Exchequer by Commiffion, vz. an Office to entitle the
King, in the Thing enquired of; and an Offie of
Inftruation. 6 Rep. 52. The Office of Intitlings doth
veft the Eftate and Poffeffion of the Land, & in
the King, who had therein before only a Right or
6 X
Title;
1
OL
OR
i
·
Names of the Conquerors on publick Records:
The first Olympiad fell in the Year of the World
3174 Ethelred, King of the English Saxons, com-
puted hi Reign by Olympiads. Spelm.
1
Title; as where an Alien purchafes Lands, a Per-
fon is attaint of Felony, or the like: And the other
Office, is where Land is vefted and fettled before in
the King, but the Particularity thereof doth not
appear upon Record. 4 Rep. 58. Plowd. 484. And Dmer, A Meafure made Ufe of by the Fews, of
the Effect of this Office is, that the King from the three Pints and an Half Merch. Dict.
Time of the Finding, fhall be answered the Profits Dinitions, Are placed among Crimes and Of
without any Entry, &c. Rep. 32. 10 Rep. 115. If fences; and Omiffion to hold a Court-Leet, or not
any Office be wrongly found; thofe who are grie-fwearing Officers therein, &c. are Caufes of Forfei
ved, may be relieved by a Traverse, or Monftransture. 2 Hawk. P. C. 73. Omiffions in Law Proceed-
de Droit, by Pleading or Petition: For every Office ings, render them vicious and defective; as want of
is in Nature of a Declaration, to which any Man Warrants of Attorney entered, &c. 1 Keb. 222,
may plead, and either deny or confels, &c. Plod. 204. Vide Nonfeafance.
448. Bro. 506. Where Offices are found before the
Efcheators, they must be delivered by Indenture
under the Hands and Seals of the Jurors. Dyer 170.
The King by the Common Law is not in Poffeffion
of Lands, forfeited for Treaſon, during the Life of
the Offender, without an Office found: But the
Lands, whereof a Perfon attainted of High Treafon
dies feifed of an Eſtate in Fee, are actually vetted
in the King, without any Office; becatife they can-
not defcend, the Blood being corrupted, and the
Freehold ſhall not be in Abeyance. 2 Hawk. P. C.
448. Vide Stat. 33 H. 8. c. 20. There may be an
Office, and Scire facias, and Seizure on fuch Office,
&c. See Inquifition.
Office of the Court. It is the Office of the Courts
at Westminster, to take Notice of Cuftoms of London,
c. and to allow of divers Things, grant new Tri-
als, Prohibitions, t, 1 Keb.
Dfficial, (Officialis) By the antient Civil Law,
fignifies him that is the Minister of, or Attendant
upon a Magiftrate. In the Canon Law, it is he to
whom any B hop doth generally commit the Charge
of his Spiritual Jurifdiction; and in this Senfe
there is one in every Dioceſe called Officialis Princi-
palis, whom the Laws and Statu es of this Kingdom
tile Chancellor; and the Reft, if there are more,
are by the Canonifts term'd Officiales foranei, but by
us Commiffaries. In our Statutes this Word fignifieth
properly him whom the Archdeacon fubftitutes for the
Executing his Jurifdi&tion, as appears by the Stat.
32 Hen. 8 cap. 15. The Archdeacon hath an Off
cial, or Church Lawyer to affift him, and who is
Judge of the Archdeacon's Court. Wood's Inft. 30,
7
་
Däciariis non faciendis vel amovendis, Is a
Writ directed to the Magiftrates of a Corporation,
requiring them not to make fuch a Man an Offi-
cer, or to put one out of the Office he hath, until
Inquiry is made of his Manners, c. Reg. Orig. 126.
Dfficium curtagii Pannozum, Granted to William
Osborn, Anno 2. Edw. 2. Extra&t. Fin. Cancell.
1
Dil. The Lord Mayor of London, and the
fter and Wardens of the Tallow Chandlers Compa-
ny, are to fearch all Oils brought to London; and if
any is deceitfully mix'd, they may throw it away,
and punish the Offenders: And Head Officers in
Corporations have like Power. Stats 3 H. 8. c. 14.
Did Jury, (Vetus Judaiſmus) The Place or Street
where the Jews lived in London. See Fevs:
Y
Dncunne, (Sax. On cunnen) Signifies as much as
accufed; Accufatu. Leg. Alfred. c. 29.
Onerando pro Rata poztíonís, Is a Writ that lies
for a Jointenant, or Tenant in Common, who is
diftrained for more Rent than his Proportion of the
Land comes to. Reg. Orig. 182.
D. i. It is the Courfe of the Exchequer, that
as foon as the Sheriff enters into and makes up his
Account for Iffues, Amerciaments, and mean Pro-
fits, to mark upon each Head, O. Ni. which denotes
Oneratur, nifi habeat fufficientem Exonerationem, and
prefently he becomes the King's Debtor, and a De
bet is fet upon his Head; whereupon the Parties
paravaile become Debtors to the Sheriff, and · are
difcharged against the King, c. 4 Inft. 116.
•
Dnus Epifcopale, Were cuftomary Payments
from the Clergy to their Diocefan Bishop, of Syno-
dals, Pentecostals, &c. Sce Epifcopalia.
Dnus ímpoztandi, The Charge or Burden of
importing Merchandize, mentioned in the Stat. 12
Car. 2
Dnus Probandi, i. e. The Burden of Proving.
14 Car. 2. c. IL.
Open Law, (Lex Manifefta) Is the Making of
Law, which Bailiffs may not put Men to, upon
their bare Affertion, except they have Wineffes to
prove the Truth of it. Magn. Chart. cap. 21.
Open Theft, (Sax. Opentheof) Is a Theft that is
manifelt. Leg. Hen. cap. 13.
Open-Tide, i. e. When Corn is carried out of
the Common Fields. Brit.
Operatii, Were fuch Tenants who had fome little
Portions of Land by the Duty of performing many
bodily Labours, and fervile Works for their Lord,
being no other than the Servi and Bondmen: They
are mentioned in feveral antient Surveys of Manors.
Operatio, One Day's Work performed by a Te-
nant to his Lord. Paroch. Antiq 320.
Oppoler, An Officer belonging to the Green Wax
in the Exchequer. See Exchequer.
Oppiellion, In a private Senfe, is the Trampling
Maupon, or Bearing down one, on Pretence of Law,
which is unjuft: But where the Law is known and
clear, tho' it be unequitable, the Judges. muft de-
termine according to that. Vaugh. 37. In another
Signification, it is faid by Fortefcue, that all the un-
juft Methods invented by Princes, to extort Money
from their Subjects, are fo many Fountains of Oppref-
fion, which never dry up; for fucceeding Kings fel-
dom fail to follow the Example of their Predeceffors.
Fortefe. Laud. Leg. Angl.
Dieron Laws, (Uliarenfes Leges) Are the Laws
of King Rich. 1. relating to Maritime Affairs, fo
called, becaufe made by him when he was at Ole- Optton, When a new Suffragan Bifhop is confe-
ron; which is an Ifland lying in the Bay of Acqui- crated, the Archbishop of the Province by a cufto-
tain, at the Mouth of the River Charent, and now mary Prerogative doth claim the Collation of the
belongs to the French King. Co Litt. 260. Theſe firft vacant, Dignity or Benefice in that See, at his
Laws are recorded in the Black Book of the Admi-own Choice; which is called the Archbiſhop's Option.
ralty, and are accounted the most excellent Com- Cowel.
pofition of Sea Laws in the World. See Selden's
Mare Claufum, 222, 254.
•
Olympíad, (Olympias) An Account of Time a-
mong the Greeks, confifting of five compleat Years,
(or according to fome a Space of four Years) ha-
ving its Name from the Olympick Games, which were
kept every fifth Year, in Honour of Jupiter Olympius,
near the City of Olympia ; when they entered the
|
Dra. This was Saxon Money or Coin, valued at
fixteen Pence, and fometimes according to Varia-
tion of the Standard at twenty Pence. It is a Word
which often occurs in Domefday, and the Laws of
King Canutus.
Dzando pro Rege & Regno, An antient Writ.
Before the Reformation, while there was no ftanding
Collect for a fitting Parliament, when the Houfes of
Parlia
2
!
*
OR
OR
Parliament were met, they petitioned the King that ders of the Court of Chan.ery, either of Courſe or o
he would require the Bishops and Clergy to pray therwife, are obtained on the Petition or Motion of
for the Peace and good Government of the Realm, one of the Parties in a Caufe, or of fome other
and for a Continuance of the good Understanding interested in. or affected by it; and they are fome-
between his Majefty and the Eftates of the King-times made upon Hearings, and fometimes by Con-
dom; and accordingly the Writ De Orando pro Rege fent of Parties. Pract. Solic. 26. They are to be pro-
& Regno was iffued, which was common in the nounced in open Court, and drawn up by the Re-
Time of King Edw. 3. Nicholf. Engl. Hift. par. 3. gifter from his Notes; and if there be any Difficul-
ty in adjufting the Notes, a Summons is given by
the Regifter for the Clerk or Solicitor of the o
a-ther Side to attend, whereupon they are fettled, or
the Court is applied to, if it cannot be otherwife
done: And before the Orders are entered and paffed
by the Regifter, the other Side hath four Days al-
lowed to object against them, for which Purpofe
Copies are delivered; and when they are perfected,
p. 66.
Dichards. Perfons robbing Orchards are to make
fuch Recompence for Damage as a Juftice fhall
ward, and forfeit not exceeding 10. or be fent to
the Houſe of Correction, &c. Stat. 43 Eliz. c. 7.
Dichel, Dichal, A Sort of Cork; or rather Stone
like Allum, which Dyers ufe in their Colours. Stat.
1 R. 3. cap. 8. 24 H. 8. c. 2. 3 & 4 Ed. 6. c. 2.
D¿deff, or Dzedelf, (From the Sax. Ore, i. c. Me-they are to be ferved on the Parties, or the Clerk
tallum, & Delfan, effodere) Is ufed in old Char-
ters or Privileges, being taken for a Liberty,
whereby a Man claims the Ore found in his own
Ground; and alfo Coal, as a Delfe of Coal is that
which lies in Veins under Ground, before it is dig-
ged up.
or Solicitor employed by them. Ibid. If an Order
is of Courfe, the Solicitor ufually draws up the
Notes or Minutes, and gives them to the Regifter's
Clerk, to draw up the Order from; and when the
Order is drawn up, it is to be entred by the En-
tring Clerk, which must be within eight Days from
the Pronouncing; and then the Regifter paffes and
figns it, after which is the Service, &c. For not
obeying an Order, perfonally ferved, a Party may
be committed.
Daders of the king's Bench, Are Rules made
by the Court in Caufes there depending; and when
they are drawn up and entered by the Clerk of the
Rules, they become Orders of the Court. 2 Lill. 261.
This Court doth not take Notice of Orders made in
Chancery, nor in any other Court, fo as to be bound
by them; but will proceed according to their own
Rules and Orders. Trin. 23 Car. B. R. And if a
Caufe be put in the Paper of Caufes, that it may
be ſpoke unto in Matter of Law, by the Order of
the Court; and the Attorney in the Cauſe doth not
attend at the Day, the Caufe is to be put out of the
Paper, and not be put in again that Term; except
very good Caufe be fhewn. Mich. 22 Car. B. R. 2.
Lill. 261. The Court of King's Bench hath Power
to quash any Orders made at the publick or private
Seffions of the Peace; or by any other Commif-
fioners, if they find good Reafon for it. Ibid.
Dideal, (Ordalium) A Saxon Word compounded
of Or, Magnum, & Dele Judicium, that is a great
Judgment, was a Form of Trial, for difcovering
Innocence or Guilt; and was uſed for a Kind of
Purgation, pra&tifed in antient Times, in the Ċanon
Law called Purgatio vulgaris, whereby the Party
purged was judged expers Criminis, or Not guilty.
Leg. Edw. Confeff. cap. 9. Anciently, when an Offen-
der being arraigned pleaded Not guilty, he might
chufe whether he would put himself for Trial upon
God and the Country, by twelve Men, as at this
Day, or upon God only; and then it was called the
Judgment of God, prefuming that he would deliver
the Innocent. Terms de Ley 462. 9 Rep. 32. This
Trial was two Ways, one by Water, and another by
re: The Water Ordeal was performed either in hot
or cold; in cold Water the Parties fufpc&ed were
adjudged Innocent, if their Bodies were not born
up by the Water contrary to the Courfe of Na-
ture; in hot Water, they were to put their bare
Arms or Legs into fcalding Water, which if they
brought out without Hurt, they were taken to be
innocent of the Crime. They that were tried by Diders of Justices of Peace. Fustices of Peace
the Fire Ordeal, paffed bare-footed and blind fold o- that make Orders, must be faid in fuch Orders to be
ver nine hot glowing Plow-fhares; or were to Juftices of the County, for refiding in the County
carry burning Irons in their Hands, ufually of one is not fufficient; but they need not be of the Di-
Pound Weight, which was called Simple Ordeal; or vision: It must also appear that one of the Justices
of two Pounds, which was duplex; or of three was of the Quorum. 2 Salk. 474, 480.
Pounds Weight, which was triplex Ordalium; and figned feparately by two fuftices of Peace, not being
accordingly as they escaped, they were judged in-prefent together at the doing of it, was ruled naught
Sec 1 Ld. Raym.
nocent or nocent, acquitted or condemned: This upon the Statute 14 Car. 2. c. 12.
Fire Ordeal, was for Freemen, and Perfons of better 55. Alfo where 'tis faid, that two Juftices doth Or-
Condition; and the Water Ordeal for Bondmen and der inftead of do, the fingular Number for the plu-
Rufticks. Glano. lib. 4. c. 1. And the horrible Trial ral, it has been adjudged ill. 2 Raym. 1198. And if
by Fire Ordeal, in the first Degree, Queen Emma, the Name of the County be not in the Body of Or
Mother of Edward the Confeffor, underwent on a ders, but only in the Margin, they will be quafhed:
Sufpicion of her Chaftity: Allo an Example of the Tho' fome Orders of Removal with the Name of the
fecond Kind is mentioned in our Books of a Compa- County in the Margin, have been held good. Mich.
The Seffions
ny of Perfons fufpected to be Stealers of the King's 11 Geo. 1. Mod. Ca. in L. and E. 310.
Deer, in the Reign of King Will. 2. who having of the Peace, during all their Seffions, may alter
carried burning Irons without Injury, on its being or revoke their Orders, and make a new Order to
reported to the King, he received it with a remark vacate the former, though it be drawn up; as
able Indignation; and replied,
Judgments in B. R. may be altered during the fame
Term, the Seffions as well as the Term being in
An Order
Quid eft id? Deus eft juftus Judex: Pereat qui dein Law accounted as one Day. Ibid. 606. And the
ceps hoc crediderit.
The Saxons, befides the Trial by Combat, common-
ly uſed their Fire and Water Ordeals; but this Orda-
lian Law was condemned by Pope Stephen 2. and af
terwards here totally abolished by Parliament, fo
as to be no Trials but by Jury. Rot. Pat. Anno 3
Hen. 3.
Diders, Are of feveral Sorts, and by divers
Courts; as of the Chancery: King's Bench, &c. Or
Quarter-Seffions is not bound to fet forth the Rea-
fon of their Orders and Judgments, no more than
other Courts. 2 Salk. 607. Juftices of Peace at
the Quarter-Seflions may rectify Defects of Form
in Orders, &c. upon Appeals, and then. fhall deter-
mine the Matters according to the Merits of the
Cafe; and no Orders fhall be removed into B. R.
without entering into Recognizance of 50l. to pro-
fecute with Effect, &c. otherwife the Juftices to
confirm their Order, by Stat. 5 Geo. 2. c. 19. See Poor.
Didinale,
OR
OR
:
D¿dinale, Is a Book which contains the Manner
of performing Divine Offices: In дио Ordinatur mo-
dis, &c.
D¿dínance, (Ordinatio) Is a Law, Decree, or
tute, variouſly ufed. Litt Dict.
Ordinary of Newgate, Is one who is Attendant
in ordinary upon the condemned Malefactors in that
Prifon to prepare them for Death; and he records
Stathe Behaviour of ſuch Perſons.
Didinatione contra Serbientes, A Wric that
Dedinance of the Forcht, (Ordinatio Forefa) Is alieth against a Servant, for leaving his Mafter con-
Statute made touching Matters and Caufes of the trary to the Statute. Reg. Orig. 189.
Forest, Anno 34 Ed. i.
Didinance of Parliament, Is faid to be the fame taking any Parfonage, Vicarage, Benefice, or other
Dzdination of Clergy. No Man is capable of
with Act of Parliament; for in the Parliament Rolls, Ecclefiaftical Promotion, or Dignity whatfoever,
Acts of Parliament are often called Ordinances, and but must be ordained a Prieft, to quality him for
Ordinances Alls: But originally there feems to be the fame. A Clerk is to be twenty-three Years old,
this Difference between them; that an Ordinance and have Deacon's Orders, before he can be admitted
was but a remporary A&, by Way of Prohibition, into any Share of the Miniftry: And a Priest muft
which the Commons might after or amend at their be twenty-four Years of Age, before he fhall be ad-
Pleaſure ; and an A&t of Parliament is a perpetual mitted in:o Orders to preach, or to adminiſter the
Law not to be altered but by King, Lords and Sacraments; but the Archbishop may difpenfe with
Commons. Rot. Parl. 37 Ed. 3. Pryn's Animadver. on one to be made Deacon at what Age he pleafes,
4 Inft. 13. And Sir Edward Coke fays, that an Ordi-though he cannot with one that is to be made a
nance of Parliament is to be diftinguished from an
A&; in as much as the later can be only made by
the King and three Estates, whereas the former is
by one or two of them. Co. Litt.
king either Deacons or Priefts for two Years. Can.
31, 34. If any Impediment or Crime be objected
against one that is to be made either Pricft or
Deacon, at the Time that he is to be ordained, the
Bifhop is bound to furccafe from ordaining him, un-
til he fhall be found clear of that Impediment or
Crime; and it is generally held, that whatever are
good Caufes of Deprivation, are alfo fufficient
Caufes to deny Admiffion to Orders; as Inconti-
Prielt. 13 Eliz. Deacons and Prieſts are to be or-
dained only upon the four Sundays immediately fol-
lowing the Ember Weeks, except upon urgent Occa-
fions; and it is to be done in the Cathedral or Pa-
Didinary, Ordinarius) Is a Civil Law Term for rifh-Church where the Bishop refides, in Time of
any Judge that hath Authority to take Cogni- Divine Service, and in the Prefence of the Arch-
fance of Caules in his own Right, and not by De- deacon, Dean, and two Prebendaries, or of four o-
putation; but by the Common Law, it is taken for ther grave Divines. And no Bishop fhall admit any.
him that hath ordinary or exempt and immediate Ju- Perfon into Orders, without a Title, or Affurance of
rifdiction in Caufes Ecclefiaftical. Co. Litt. 344. being provided for; and before any are admitted,
Stat. Wefim. 2. 13 Ed. 1. cap. 19. This Name is ap the Bishop fhall examine them in the Prefence of
plied to a Bishop who hath original Jurifdiction; the Minifters, that affift him at the Impofition of
and an Archbishop is the Ordinary of the whole Pro-Hands; on Pain, if he admits any not qualified,
vince, to vifit and receive Appeals from inferior. of being fufpended by the Archbishop from ma-
Jurifdi&tions, &c. 2 Inft. 398. 9 Rep. 41. Wood's Inft.
25. The Word Ordinary is allo ufed for every Com
miffary or Official of the Bishop, or other Judge
Ecclefiaftical, having judicial Power: An Archdea
con is an Ordinary; and Ordinaries may grant Admi-
niftration of Inteftates Eftates, &c. Stat. 31 Ed. 3.
c. 11. 9 Rep. 36. But the Biskop of the Diocefe, is
the true and only Ordinary to certify Excommuni
cations, Lawfulness of Marriage, and fuch Eccle-
fiaftical and Spiritual A&ts to the Judges of the Comnency, Drunkenness, Illiterature, Perjury, Forgery,
mon Law; for he is the Perfon whom the Court Simony, Hercfy, Outlawry, Baftardy, &c. 2 Inft.
is to write to in fuch Things. 2 Shep. Abr. 472. For 631. 5 Rep. A Perfon to be ordained Prieſt, muft
the Ordinary's Power, it is declared by many Sta- bring a Teftimonial of four Perfons, known to
tutes; as relating to vifiting Hofpitals, by 2 H. 5. the Bishop of his Life and Doctrine; and be able
c. I The certifying of Baftardy, &c. 9 H. 6. c. 11. to give an Account of his Faith in Latin: And a
Concerning Queftions of Tithes, that fhall come in Deacon is not to be made a Prieft, unless he pro-
Debate before him. 27 H. 8. c. 20. Allowance of duce to the Bishop fuch a Teftimonial of his Life,
Schoolmasters, &c. 23 Eliz. c. 1. i Fac. I. c. 4. And, and that he hath been found faithful and dili-
their Authority in general is reſtored, by 13 Car. 2. gent in executing the Office of a Deacon. A Biſhop
The Ordinary's Power and Intereft in a fhall not make any one a Deacon and Minitter,
Church, is of admitting, inftituting and indu&ting both together upon one Day; for there must be
Parfons; of fecing and taking Care that it be pro fome Time of Trial of the Behaviour of a Deacon
vided with a Paftor, by the Patron-who has the in his Office, before he is admitted to the Order of
Right of preſenting; or in his Default, to beftów Priesthood; which Time is generally the Space of
the Church on fome proper Perfon to ferve the a Year, or it may be a fhorter Time on reaſonable
Cure, &c. 1 Roll. Rep. 453. Before Prefentation Caufe allowed by the Bishop: And Pricfts and Dea-
to a Church, the Ordinary may fequefter the Pro- cons are not only to fubfcribe the Thirty-nine Ar-
fits; and during the Vacation, 'tis faid he may make ticles of Religion, but take the Oath of the King's
a Leafe. 1 Keb. 370. When the Ordinaries or their Supremacy, c. as directed and altered by Stat. I
Minifters have committed Extortion or Oppreffion, W. & M. A Pricft by his Ordination receives Au-
they may be indicted, putting the Things in certain, thority to preach the Word, and adminifter the Ho-
and in what Manner, &c. 25 Ed. 3. c. 9. Formerly ly Sacraments, & (but he may not preach with-
Clerks accuſed of Crimes were delivered to the Or-out Licence from the Bishop, Archbishop, or one of
dinary, and the Bodies of fuch Clerks kept in the the Universities): And Ordination of a Piicft is thus
Ordinary's Prifon until they had been tried before performed: After Veni Creator is fung, and fome
him by a Jury of twelve Clerks; and if condemned, Prayers are read, the Bishop, with the Divines pre-
they were liable to no greater Punishment than De- fent, laying their Hands feverally on the Priest's
gradation, Lofs of Goods, and the Profits of their Head, the Bishop pronounces the Words following.
Lands; unless they had been guilty of Apoftacy,
c. This was when they had the Privilege of be
ing tried only by Ecclefiaftical Judges; which was
fo far indulged them, that after they had been once
delivered to the Ordinary, they could not be re-
manded to any Temporal Court, until the Stat. S
Eliz. c. 4. 2 Hawk. P. C. 361.
C. 12.
2
SR
·
Form of the Ordination of a Pricft.
Eceive the Holy Ghost for the Office and Work of a
Prief in the Church of God, now committed to
Thee by the Impofition of our Hands; whofe Sins Thou
do f
1
}
}
OR
doft forgive, are forgiven, and whofe Sins Thou doft re-
tain, are retained; and be thou a faithful Difpenfer
of the Word of God, and of his holy Sacraments, in the
Name of the Father, and of the Son, and of the Holy
Ghost-
Then the Bishop delivers a Bible to
him with thefe Words, viz. Take Thou Authority to
preach the Word of God, and to minifter the Sacraments
in the Congregation, where thou shalt be lawfully ap-
pointed.
•
The Stat. 31 Eliz. cap. 6. puniſhes corrupt Ordina
tion of Priests, &c. If any Perfons fhall take any
Reward, or other Profit, to make and ordain a
nifter, or to licence him to Preach, they fhall for-
feit 401. and the Party fo ordained, &c. 101. by this
Statute.
Didines Majozes & Minozes. The Holy Orders
of Pricft, Deacon, and Subdeacon, any of which
were antiently a Qualification for Admiffion to an
Ecclefiaftical Benefice, were called Ordines Majores;
and the inferior Orders of Reader, Chantor, Pfal-
mift, . termed Ordines Minores; for which the
Perfons fo ordained, had their Prima Tonfura, dif-
ferent from the Tonfura Clericalis.
OR
་ ་
་
Proceedings in Actions by Original are thus,
When the Defendant is arrefted and appears, the
Plaintiff's Attorney is to deliver a Copy of his De-
claration to the Defendant's Attorney; and the
Term he declares, after Rules given to plead, he
calls upon him for his Plea, and draws his Repli-
cation, c. He also makes up the Paper-Book, and
delivers a Copy of it to the Defendant's Attorney:
Then if it be an Iffue, he gives Notice of Trial,
figns his Venire Diftr. Fur &c. and feals the Re-
cord of Nifi prius; when he fummoneth his Wit-
neffes, prepares Breviates, and goes to Trial as in
Mi-Actions by Bill: After the Trial is over, the Iffue
must be entred in due Time on the Filizer's Roll;
and Rules given to fign Judgment, whereupon
Judgment is entred, and Execution made out for
the Party recovering. Pract. Solic. 256. Attornies
being better skill'd in the Method by Bill, &c. Ori-
ginals are ſeldom profecuted in B. R. unlefs it be in
Ejectment, &c. where there is this Advantage, that a
Writ of Error upon a Judgment in Ejectment by O-
riginal cannot be brought, or at leaft is not retur-
nable, bur during the Sitting of the Parliament,
which is of great Ufe for the fpeedy getting into
Poffeffion. Pract. Attorn. Edit. 1. pag. 130. There are
new Originals to warrant Judgment; and in Cafes of
Outlawry, Writs of Error, c. And if a new Ori
ginal be returned any Time before Judgment is
figned, it is foon enough. Ibid. 319. An Original in
Cafe, &c. fets forth the whole Declaration of the
Plaintiff; and the Writ runs thus: George the Second,
K. of Great Britain, &c. To the Sheriff of S. Greeting:
If A. B. fhall make you fecure in profecuting bis Claim,
then put C. D. of, &c. in your County to find Pledges and
fuffuient Sureties, that he be before our Fuftices at Weft-
minfter, on the Day, &c. to answer to the faid A. B.
in an A&tion; That whereas the faid C. on the Day and
in the Year, &c. at the Parish, &c. aforesaid in your
County, was indebted to the faid A. in the Sum of, &c.
for Goods, &c. to the ſaid C. at the Special Inftance and
Request of him C. before that Time fold and delivered,
and being ſo indebted, he faithfully promifed, &c. (as in
the Declaration to the End) to the Damage of the faid
A. &c. And have you there the Names of the Pledges and
this Writ. Witness our felf at Westminster, the Day,
&c. in the feventh Year of our Reign. See Writ.
Dedinum fugitivi, Signified thofe of the Religi-
ous who deferted their Houfes, and throwing off
the Habits, renounced their particular Order, in
Contempt of their Oath and other Obligations,
Paroch. Antiq. 388.
Dido, Is taken for that Rule which the Monks
were obliged to obferve. In Eadmer. vita S. Anfelmi,
cap. 37.
Dido Albus, The White Friars, or Auguftines;
and the Ciftertians alſo wore White.
Dido Piger, Were the Black Friars. Sub norma
Benedi&ti famulantes; as Ingulphus tells us, pag. 851.
The Cluniacs likewife wore Black. Matt. Parif. 321,
514.
Difgild, (From the Sax. Orf, i. e. Pecus, & Gild,
Solutio, vel Redditio) Signifies a Payment or Deli-
very of Cattle: But it feems rather a Penalty for
taking away Cattle. Lambard.:
Difraies, (Aurifrifium) A Sort of Cloth of Gold,
frizled or embroidered, formerly made and ufed in
England, worn by our Kings and Nobility And
the Cloaths of the King's Guards were called Or
fraies, becauſe adorned with fuch Works of Goldi
Mention is made of thefe Orfraies in the Records of
the Tower.
Digallous, (From the Fr. Orgueil, i. e. Pride)
Haughty and High-minded. 4 Inft. 89.
Digeis, Is the greatest Sort of North Sea Fish,
now called Organ Ling, which is a Corruption
from Orkney; the best being taken near that Ifland.
31 Ed. 3. Stat. 3. cap. 2.
i
.:
Digíld, (Sine Compenfatione) Without Recom-
pence; as where no Satisfaction was to be made for
the Death of a Man killed, fo that he was judged
lawfully flain. Spelm.
|
· Driginalia. In the Treasurer's Remembran-
cer's Office in the Exchequer, the Tranfcripts, &c.
fent thither out of the Chancery are called by
this Name, and diftinguished from Recorda; which
contain the Judgments and Pleadings in Suits tried
before the Barons.
Diped, Some orped Knight, i. e. a Knight whoſe
Clothes fhined with Gold. Blount.
T
Drphan, (Orphanys) Is a Fatherlefs Child; and
in the City of London there is a Court of Record
established for the Care and Government of Or
phans. 4 Inft. 248. The Lord Mayor and Aldermen
of London have the Cuftody of Orphans, under Age
Driginal. In the Court of King's Bench, the ufu- and unmarried, of Freemen that die; and the Keep-
al Original Writ iffued in Actions, is for Action of ing of all their Lands and Goods: And if they
Treſpaſs upon the Cafe; and this Court doth not commit the Cuftody of an Orphan to any Man, he
iffue Originals in Actions of Debt, Covenant, or Ac-fhall have the Writ of Ravishment of Ward, if the
count, &c. Whereas the Court of Common Pleas, Orphan be taken away; or the Mayor and Alder
proceeds by Original in all Kinds of A&tions: But men may imprifon the Offender until he produces
to arrest and fue a Party to Outlawry, it is made the Infant. 2 Dano. Abr. 3.11. If any one without
Ufc of by both Courts. And for Originals in Tref the Confent of the Court of Aldermen, marries
pafs on the Cafe, there is a Fine payable to the fuch an Orphan under the Age of twenty one Years,
Crown, where the Damages are laid above forty though out of the City, they may fine and impri-
Pounds in Proportion to the Damage. Practif. Solic. fon him, until paid. 1 Lev. 32. 1 Ventr. 178. Exe-
254, 255. The Original is the Foundation of the cutors and Adminiftrators of Freemen dying, are to
Capias, and all fubfequent Procefs; the Return exhibit true Inventories of their Eftates before the
whereof is generally the Tefte of the Capias: Tho' Lord Mayor and Aldermen in the Court of Or•
the Capias may be taken out before the Original, by phans, and muft give Security to the Chamberlain
leaving the Precipe with the Filazer, who will make of London and his Succeffors by Recognizance for
out a Capias upon it, and afterwards carry it to the the Orphan's Part; which if they refufe to do,
Curfitor to make an Original; and the Filizer when they may be committed to Prifon until they obey.
it is returned, is to file it with the Cuftos Brevium. Wood's Inft. 522. If any Orphan, who by the Cuftom
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​of London is under the Government of the Lord | Offender: This Word is mentioned in the Laws of
Mayor and Aldermen, fue in the Spiritual Court Edw, apud Brompton, pag. 836.
mendet fecundum Weram ipfius furis, vel plena lada ſe
adlegiet, quod cum eo falfum nefcivit: Si quis audito cla-
more fuperfedit, reddat Overfameffa Regis, aut plene fe
laidiet. Lib. Rub. cap. 36.
for any Legacy, a Prohibition fhall be grant-berherniffa, Contumacy, or Contempt of the
&
ed; because the Lord Mayor and Aldermen only Court: In the Laws of Adelftan, cap. 25. it is ufed
have Jurifdi&ion of them. 5 Rep. 73. But an Or-for Contumacy: But in a Council held at Win-
phan may wave the Benefit of fuing in the Court chefter, Anno 1027, it fignifies a Forfeiture: So Leg.
of Orphans, and file a Bill in Equity against any one Ethelred. cap. 27.
for Difcovery of the Perfonal Eftate, &c. The Dberlamella, Seems to have been an antient Fine
Lord Mayor and Commonalty of London being an- before the Statute for Hue and Cry, laid upon thoſe,
fwerable for the Orphans Money paid into the Cham-who, hearing of a Murder or Robbery, did not pur-
ber of the City, and by fome Accidents become in- fue the Malefactor. 3 Inft. 116. Si quis furi ob-
debted to the Orphans and their Creditors, in a great-viaverit, & fine ociferatione gratis eum dimiferit, e-
er Sum than they could pay; by Stat. 56 W. &
M. cap. 16. it is enacted, that the Lands, Markets,
Fairs, belonging to the City of London, fhall be
chargeable for railing Eight thoufand Pounds per
Ann. to be appropriated for a perpetual Fund for Overseers of the Poor, Are publick Officers
Orphans; and towards railing fuch a Fund, the created by the Star. 43 Eliz. cap. 2. to provide for
Mayor and Commonalty may affefs Two thoufand the Poor of every Parish; and are fometimes two,
Pounds yearly upon the Perfonal Eftates of Inha-three, or four, according to the Largenefs of Pa-
bitants of the City, and levy the fame by Diftrefs,rifhes. Churchwardens by this Statute are called
c. Alfo à Duty is granted of four Shillings per Overseers of the Poor, and they join with the Over
Tun on Wines imported, and on Coals; and everyfeers in making a Poors Rate, &c. But the Church
apprentice fhall pay 2 s. 6d. when he is bound; wardens having diftin&t Bufinefs of their own,
and 53. when he is admitted a Freemen; för ralfing ufually leave the Care of the Poor to the Overfeers
of the faid Fund: The Fund is to be applied for only; though antiently they were the fole Overfeers
Payment of the Debts due to Orphans, by Intereft of the Poor. Dalt. ch. 27. Wood's Inft. 93. See
after the Rate of 4 1. per Cent. Er. And no Perfon Poor.
Dbert, (Fr.) Is ufed for open; Overture, an Open-
fhall be compelled by Virtue of any Caftom of the
City, to pay into the Chamber of London any Suming, alfo a Propofal. Law Fr. Di&a.
of Money or perfonal Eftate belonging to an Or-
phan of any Freeman for the Future. 5&6 Will
& Ma.
a
Detelli, (Fr.) Is a Foreſt Word, and fignifies the
Claws of a Dog's Foot. Kitch.
Ditolagium, A Garden Plot, or Hortilage. Mon.
Angl. Tom. 1.
Dayal, (Oriolum) Is a Room, or Cloister, of a
Monastery, Priory, whence it is prefumed
that Oriel or Oryal College in Oxford took Name. Matt.
Parif. in vit. Abb. St. Alban.
Dfculum Pacis: A Cuftom formerly of the
Church, that in the Celebration of the Mafs, after
the Pricft had fpoke thefe Words, viz. Pax Domini
vobifcum, the People kiffed each other, was called
Ofulum Pacis Afterwards when this Cuftom was
abrogated, another was introduced; which was
whilft the Prieft fpoke the aforementioned Words,
a Deacon offered the People an Image to kifs,
which was commonly called Pacem. Matt. Parif.
Anno 1100.
Dimonds, A Kind of Ore, of which Iron is
made; antiently brought into England. Stat. 32 H. 8.
cap. 14.
Ditento, Was a Tribute paid by Merchants for
Leave to expofe their Goods to Sale in Markets.
Qui per terras ibant Oftenfionem dabant & Te-
loneum. Leg. Ethelred. cap. 23.
Dfwald's Law, (Lex Ofwaldi) The Law by
which was understood the Eje&ing married Priests,
and introducing Monks into Churches, by Ofwald
Bishop of Worcester, about the Year 964.
Dlwald's Law Hundred, Is an antient Hundred
in Worcestershire, fo called of the faid Bifhop Ofwald
who obtained it of King Edgar, to be given to St.
Mary's Church in Worcester; it is exempt from the
Jurifdiation of the Sheriff, and comprehends 300
Hides of Land. Camb. Brit.
Dvertit, (Apèrtum factum) An open A& which
by Law muft be manifeftly proved. 3 Inft. 12. Somet
Overt-Act is to be alledged in every Indictment for
High Treafon: Such as for Treafon in compaffing
the Death of the King, the providing Arms to ef
fe&t it, &c. 3 Inft. 6, 12. H. P. C. 11. And no E-
vidence fhall be admitted of any Overt-act, that is
not exprefly laid in the Indictment, by Stat. 7 W. 3.
Vide Treafon.
Overt-Wozd, Is an open plain Word, not to be
miſtaken. Stat. 1 Mar. Seff. 2. c. 3.
Dvzes, (Fr.) A&s, Deeds, or Works: And Ovrages,
are Days Works. 8 Co. Rep. 131.
Dufted, (From the Fr. Oufter, to put out) As
oufted of Poffeffion, is where one is removed or pur
out of Poffeffion. 3 Cro. Rep. 349.
•
Düfter le Main, (Amovere manum) Signifies a
Livery of Land out of the King's Hands, or a
Judgment given for him that fued a Monftrans de
droit; and when it appeared upon the Matter, that
the King had no Title to the Land he feifed, Judg-
ment was given in the Chancery that the King's
Hands be moved, and thereupon an Amoveas manum
was awarded to the Efcheator, to reſtore the Land,
it being as much as if the Judgment were given
that the Party fhould have his Land again. Staundf.
Prerog. cap 24. 28 Ed: 1. cap. 19. It was alfo taken
for the Writ granted upon à Petition, for this Pur-
pofe. F. N. B. 256. And it is written Outer le Maine,
in the 25 Hen. 8. cap. 22. But all Wardships, Live-
ries, and Oufter le mains, &c. are taken away by
Stat. 12 Car. 2. cap. 24.
Dulter le Mer, (Fr. Oultre, i. e. Ultra, & le Mer,
Mare) Is a Caufe of Effoin or Excufe, if a Man
appear not in Court on Summons, for that he was
then beyond the Seas.
Dutfangthef, (From the Sax. Ut, i. e. Extra, fang,
captus, & Theof, fur) Fur extra Captus, quem Domi-
Duch, A Collar of Gold, or fuch like Orna-nus, quanquam in alieno fundo comprehenfum, in Curiam
ment, worn by Women about their Necks. Stattamen fuam revocat, ibique judicat. Litr. It is a Li-
24 H. 8. c. 13.
berty or Privilege, as uſed in the antient Common
Law, whereby a Lord was enabled to call any Man
dwelling in his Manor, and taken for Felony in an-
other Place out of his Fee, to Judgment in his own
Court. Rafal. Stat. 1 & 2 P. & M. cap. 15.
Ober, (Sax. Ofer, Ripa) In the Beginning or
Ending of the Names of Places, fignifies a Situa-
tion near the Bank of fome River; as St. Maryover
in Southwark, Andover in Hampshire, &c.
Overcyted, (From the Sax. Ofer, i. e. fuper, &
Cythan, offendere) Is used where a Perfon is con-
victed of any Crime; that it is found upon the
Dutheft, Is the fame with Outborn; which is a
Calling Men out to the Army, by the Sound of an
Horn.
Duts
I
OU
OU
Dut-houfes, Are those belonging and adjoining
to Dwelling-houfes; and Taking away any Money,
Goods, &c. from fuch Outhouses, in the Day-time of
5. Value, is Felony without Benefit of Clergy.
Dalt. c. 99. Stat. 39 Éliz. c. 15. 3 & 4 W. & M. c, 9
See Burglary.
Dutland. The Saxon Thanes divided their here-
ditary Lands into Inland, fuch as lay neareft to
their own Dwelling, and which they kept to their
own Uſe; and Outland, which lay beyond the De-King having a Title by the Outlawry, which is
means, and was granted out to Tenants, but mere-
ly at the Will and Pleaſure of the Lord, like to Co-
pyhold Eftates. This Outland they fubdivided into
two Parts, whereof one Part they difpofed among
fuch as attended on their Perſons, called Thecdens,
or leffer Thanes; and the other Part they allotted
to their Husbandmen, or Churls. Spelm. de Feud,
cap. 5.
•
against the King: But if the Seifure be before the
Fine levied, it is good for the King. 1 Lev. 33. By
a Feoffment made before a Seifure, upon an Out-
lawry, the King is oufted of the Pernancy of the
Profits. Ibid. An Outlawed Perfon was fued in the
Exchequer by Bill, to difcover his real and perfonal
Eftate for the Benefit of the King; and upon a
Demurrer to the Bill, becauſe the Defendant`is not
bound to accuſe himſelf, it was over-ruled, the
quafe a Judgment for him. Hardr. 22. And the
King may difpofe of the Land itſelf of a Perfon
Outlawed, by the Courfe of the Exchequer. Raym.
17, Where two or more Perfons have jointly any
Goods or Chattels, and one of them is outlawed';
by this all the Goods, c. will be forfeited to the
King; it may be otherwife of Lands: But the
Sheriff ought not to fell the Goods of one outlawed ;
Dutlaw, (Sax. Utlaghe, Lat. Utlagatus) One de- for he fhall be restored to them again, if the Out-
prived of the Benefit of the Law, and out of the lawry be reversed. Dyer 11, 8 Rep. 143. 2 Shep. Abr.
King's Protection. Fleta, lib. 1. cap. 47. If where a 187. In Ejectment, Leffee for Years was indicted,
Perfon is called into the Law, after an original and Outlawry had against him; and it being found
Writ, and three Writs of Capias, Alias and Pluries, by Inquifition that he was poffeffed of his Term at
returned by the Sheriff Non eft inventus, and Procla-the Time of the Outlawry, the Treaſurer and Ea-
mation made for him to appear, &c. he contemp-rons of the Exchequer fold the Leaſe for a valuable
tuouſly refuſes to appear, he is then outlawed: And Confideration: Then the Outlawry was reverfed;
in former Times no Perſon was outlawed but for Fe- and Judgment given that he ſhould be restored to
lony, the Punishment whereof being Death, any all which he had loft by Reafon of the Outlawry;
Man might kill an Outlaw as a Wolf; but this was and though the Term was lawfully fold, and the
prohibited by Statute, and none but the Sheriff by Poffeffion in another, yet it was held that the Leffce
lawful Warrant, may put any Man outlawed for Fe-fhould have his Term again; for otherwife the
lony to Death, on Pain to fuffer the like Puniſh Judgment upon the Reverfal would be in vain, as
ment, as if he had killed any other Perfon. Brad by that he is to be restored to all which he loft,
lib. 5. 2 Aff. pl. 3. 1 Inft. 128. A Woman cannot be &c. which cannot be unless he have his Leafe again.
an Outlaw, becauſe Women are not fworn to the And. 277. A Leffce was outlawed for Felony; he
King as Men are, to be ever within the Law; there-affigned his Term, and then the Outlawry was re-
fore they are faid to be waived, as not regarded burverfed, and the Affignee brought Trefpals for the
forfaken of the Law. F. N. B. 160. And an In- Profits taken between the Outlawry and the Affign-
fant under twenty-one Years old, his Age to take ment; and it was adjudged good, becauſe the Out-
the Oath of Allegiance, cannot be outlawed. When
a Perſon is reſtored to the King's Protection, he is
Inlawed again.
lawry being reverfed, it was as if there was none,
and there is no Record of it. Cro. Eliz. 270, 278.
The King on Reversal of an Outlawry, may grant
Dutlawzy, (Utlagaria) Is where a Perfon is out- Reftitution de Omnibus quibus nobis non eft Refponfum:
lawed, that he lofes the Benefit of a Subject. Pro- And if there be Lands, there must be a Scire facias
ceſs of Outlawry lies in all Appeals, whether of Fe- to the Lords mediate and immediate, to fhew Caufe
lony or Maihem, and in Indictments of Treafon, or why the Party fhould not have Reftitution. 2 Lev.
Felony; and alfo Indictments of Trefpafs Vi& Ar-49. 2 Salk. 495. 2 Nelf. Abr. 1217, 1218. A. B.
mis, Confpiracy, or Deccit; but not on any Indi&t was a Bankrupt, and fometime afterwards being out-
ment for a Crime of an inferior Nature: And it lawed, the King made a Leafe of the Profits of his
lies not in any Action on a Statute, unleſs it be gi- Lands, and granted his Goods; afterwards a Com-
ven by ſuch Statute, either exprefly or impliedly: miffion of Bankruptcy was taken out againſt him,
But by divers Statutes, Outlawry lies in many Civil but it was five Years after he had committed the A&t
Actions; as in Debt, Cafe, Account, Covenant, &c. of Bankruptcy; refolved, that by the Outlawry he
and may be before Judgment had in the Suits, or forfeits his Goods and Chattels, his Leafes for Years,
after Judgment; and Outlawries are become fre- and his Truft in fuch Leafes, and the Profits of his
quent in perfonal Actions. Finch 346, 355. 1 Inft. Freehold Lands; but that this Outlawry cannot de-
128. 2 Hawk. P. C. 302, 303. As by committing feat any Interelt which his Creditors had acquired
Felony, by the Common Law, a Man forfeited all in the Eltate, becauſe he voluntarily fuffered him-
his Lands, Goods and Chattels; fo by an Outlawry | felf to be outlawed. 1 Salk 108. Sid. 115. A Man
for Felony, at this Time he forfeits the fame. 1 was indebted to one by Judgment, and to another
Inft. 128. Outlawry in perfonal Actions is by Statute on Bond, and was outlawed upon the Bond, and his
only, in which Cafe the Goods and Chattels of the Lands feifed; and the Question being, Whether the
Perfon are only liable, as thofe alone wore charge- Judgment Creditor could extend thofe Lands, it was
able in perfonal Actions, and they are forfeited to held that the Outlawry fhall be preferred, except
the King, who fhall likewife have the Pernancy of the Judgment Creditor could fhew any Practice be-
the Profits of the Chattels Real; though this feems tween the Obligor and Obligec. 2 Salk 495. By Out-
by a Conſequence only, for that the Party being ex-lawry, a Man is difabled to fue; of which all Men
tra Legem, is therefore incapable to take the Pro-
fits himſelf. 3 Salk. 263. Upon an Outlawry on a
Judgment in Debt, c. the Perfon immediately
forfeits his Goods and Chattels to the King; but
not the Profits of his Land or his Chattels Real,
until Inquifition taken: And Alienation after an
Outlawry, and before Inquifition, is a good Bar
to the King, as to the Perception of the Profits.
Raym. 17. Hardr. 101. 1 Salk. 395. If after Out-
lawry in a Perfonal Action, and before Seifure, the
Party outlawed levy a Fine, the Cognifee fhall hold
may take Advantage zy Pleading, until the Out-
lawry is reverfed. Litt. 197. 1 Inft. 122, 128. One
outlawed cannot profecute in any Court, unless it
be to reverfe his Outlawry. Cro. Fac. 425. But he
may make a Will, and have Executors, or an Ad-
miniftrator. Cro. Eliz. 575, 150. And an Execu-
tor may reverfe an Outlawry of the Teftator, where
he was not lawfully outlawed. I Leon. 325. An
Executor or Adminiftrator outlawed is not difabled
to fue A&tions in Right of the Teftator or Inteftate:
Alfo a Mayor and Commonalty may fue for a Cor-
poration,
A
}
t
!
OU
OU
·
poration, notwithſtanding the Outlawry of the veral, and not entire, and the Proceedings to the
Mayor. 6. Rep. 53. On a Writ of Error to reverfe Outlawry may be good as to fome of them, and as
an Outlawry, the Outlawry is no good Plea in Dif- to the others may not be good. Hill. 22 Car. B. R.
ability of the Perfon: But Outlawry may be plead-2 Lill. Abr. 263. If a Party outlawed comes in gratis
ed in Bar to Audita Quereta. Sid. 43. In Affumpfit upon the Return of the Exigent, Alias, or Pluries,
upon a Bill of Exchange, &c. the Defendant he may be admitted by Motion to reverſe the Out-
pleaded an Outlawry in Bar; and on Demurrer to lawry, without putting in Bail: If he comes in by
this Plea it was obje&ted, that it ought to be plead- Cepi Corpus, he shall not be admitted to reverſe the
ed in Abatement, becaufe in this Action Damages Outlawry, without appearing in Perfon, as in fuch
are to be recovered, which are incertain, and Cafe he was obliged to do at Common Law; or put-
therefore not forfeitable by Outlawry: But it was ting in Bail with the Sheriff for his Appearance up-
adjudged, that it is pleadable in Bar, for the on the Return of the Cepi Corpus, and for doing what
Debt is certain, though it is to be recovered in the Court fhall order: Appearance by Attorney is
Damages. 3 Lev. 29. And in Indebitatus Affumpfit an Indulgence by the Statute 45 W. & M. c. 18.
3.
and Quantum meruit, for Meat, Drink, &c. Plea And the Bail is to be fpecial or common, in this
of Outlawry by the Defendant is good, though in as in other Cafes; bur Treafon and Felony are ex-
this Action Damages are only recovered; and it is cepted out of the A&t. 2 Salk. 496. It is faid that
the Confideration which creates the Debt or Duty, on Outlawry the Party ought to appear in Perfon,
notwithſtanding the Recompence is to be had by and fubmit himſelf to his Trial, and it must be ex
Way of Damages. 2 Ventr. 282. A Defendant gratia, if he is admitted to affign Errors before.
pleaded an Outlawry in Bar to Action of Trover, 3 Salk. 263. In Cafe of Outlawry for Felony, the
and held good, though the Plaintiff in fuch Action Errors to reverfe it are to be certainly alledged in
could only recover incertain Damages; for the Writing, and be fufficient, before a Writ of Error
Action is founded on the Property of the Goods, fhall be allowed. Fenk. Cent. 165. Perfons outlawed
and thefe being forfeited by the Outlawry, the Plea for Felony cannot be bailed, being attainted in Law;
is good. 3 Leon. 205. In Action of Affault and they may appear in Perfon, and plead Error in A-
Battery, the Plaintiff recovered in C. B. and upon voidance of the Outlawry, &c. 2 Inft. 187. H. P. C.
Writ of Error in B. R. the Judgment was affirmed; 101, 105. Upon Outlawry in Treafon or Felony, it
and thereupon the Plaintiff brought a Scire facias may be reverfed by Writ of Error, or Plea; and it
to fhew Caufe Quare Executionem non haberet, to has been obferved, that few. Outlawries for Treaſon,
which the Defendant after an Imparlance pleadedFelony or Trefpafs, are valid, because the Statutes
an Outlawry before the Judgment had, in Bar to relating to the fame are not purfued, as the Sta-
the Execution; and it was ruled a good Plea; in tutes 1 H. 5. cap. 5. 6 H. 6. cap. 1. 8 H. 6. cap. 10.
this Cafe, though before the Judgment nothing is By the Statute 5 Ed. 6. c. 11. Outlawry againſt one
forfeited, yet a certain Sum being recovered in the for Treafon, being out of the Realm, or beyand
Action, that is forfeited by the Outlawry had againft Sea, fhall be good in Law: And if the Party with-
the Plaintiff. W. Jones 238. Nelf. Abr. 1219. A in one Year after the Outlawry, or Judgment there-
Plaintiff delivered his Declaration in Trinity Term, on, fhall yield himself to the Chief Juftice of Eng-
the Defendant imparled to Michaelmas Term, and land, and traverse the Indictment whereupon he
in the long Vacation the Plaintiff was outlawed; was outlawed, he fhall be admitted to fuch Tra-
and then in Michaelmas-Term the Defendant plead- verfe, and being acquit fhall be difcharged of ſuch
ed this Outlawry in Bar to the Action, but did not Outlawry. Since this Statute, and the 26 Hen. 8.
fay, That it was after the last Continuance, for. 13. In Cafe of Treafon, one is barred of his
which Reafon the Plaintiff demurred; but the Writ of Error, if he does not come in within a
Plea was adjudged good, fince the Record of the Year after the Outlawry, while he was out of the
Outlawry doth appear. 5 Mod. 11: Where an Out- Realm, or beyond Sea: And when an Outlawry of
lawry is pleaded, it must be Sub pede Sigilli, other Treafon or Felony is reverfed, the Party muft
wife the Plaintiff may refufe it; but if he accepts plead to the Indi&tment. Wood's Inft. 659. Šir Tho-
the Plea, he shall not afterwards demur for that mas Armstrong was outlawed for High Treafon; and
Cauſe. 1 Salk. 217. And how to plead an Outlawry being taken in Holland, was brought into England;
in the fame Court, or in another; and before, or and he defired that he might have Leave of the
after Judgment. Lutw. 40, 110, III. An Attorney Court of B. R. to reverfe the Outlawry, and he
brought an Action of Debt by Bill of Privilege, and tried by Virtue of the Statute of Edzv. 6. alledg-
after Judgment the Defendant was cutlawed, who ing that it was not a Year fince he was outlawed,
brought a Writ of Error to reverſe it; and it was. but it was denied, becauſe he had not render-
adjudged that Proceſs of Outlawry did not lie upon ed himſelf according to the Statute, to have the
fuch Judgment, becauſe there was no Capias in the Benefit thereof, but was apprehended and brought
original Action. 1 Leon: 229. A Judgment in Debt before the Chief Justice; wherefore a Rule was
was had against two Defendants, and a Capias ad made for his Execution. 3 Mod. Rep. 47.
Mod. Rep. 47. It hath
fatisfaciendum fued forth againſt one of them, upon been adjudged, that if a Man commits a Murder,
which he was outlawed; and afterwards he brought and, after the Exigent awarded against him, he
a Writ of Error to reverſe the Outlawry, and afflieth out of the Realm, and then is outlawed, he
figned for Error that it ought to have been award-fhall not reverſe it for that Caufe; becauſe he fled
ed againſt both; and ſo it was held. Cro. Eliz. 648. on Purpoſe to avoid the Law, and therefore by
Two Perfons were outlawed, one of them moved, his Abfence he fhall not have the Benefit of the
that upon filing common Bail he might have Leave Law, but if the Attorney General, &c. confeís
to reverfe the Outlawry; and adjudged that the that he was beyond Sca both before and after he
2 Cro.
Writ of Error to reverfe it, muſt be brought in the was outlawed, the Outlawry may be reverſed.
Name of both the Defendants; and where one ap- 464. 2 Nelf. Abr. 1222, 1223. In a Civil Caufe, if
pears, the other is to be fummoned and fevered, one appears before he is returned outlawed, he
and then it may be reverſed as to him who appears, may fuperfede the Exigent, &c. And where a De-
but he must give Bail to appear and anfwer the fendant is beyond Sea, in Prifon, &c. the Award
Action. 2 Salk. 496. An Outlawry grounded upon of the Exigent may be reverfed. As fuing to the
an Indictment on the Statute againft Forcible En- Outlawry is practifed only where a Defendant is not
try, preferred against feveral Perfons, may be re-eafy to be taken, or hath not fufficient Eftate in
verfed as to fome of the Parties, and ftand good
as to others that are outlawed, upon the fame In-
dictment: For the Outlawries against them are fe-
4.
•
>
the County to be fummoned; if, where the Party
is well known, is fufficient, and may be arreſted,
the Plaintiff outlaw him, he ſhall be ordered to re-
verle
1
1
:
1
?
}
OU
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by the Coroners of the County; for after the De-
fendant is quinto exactus, and maketh Default, the
Judgment is Ideo Utlagetur per Judicium Coronatorum:
In London it is pronounced by the Recorder; per
Fudicium Recordatoris, &c. I Inft. 288.
·
verſe it at his own Expence. But where Motion
was made upon Affidavit, that the Defendant
lived publickly, and therefore to order the Plain-
tiff to reverfe the Outlawry at his own Charge, it
was not granted; becaufe the Charge is fmall in
C. B. to reverfe an Outlawry, viz. but 16s. 8 d. To fue a Perfon to Outlawry, in Debt, Trefpafs,
But in B. R. it is very chargeable. 2 Salk. 495.c. in B. R. the two chief Terms for it are Eafter
2 Nelf. 1224. A Defendant was actually in Exe- and Michaelmas, and Care is to be taken not to be-
cution in the Fleet at the Suit of the Plaintiff in gin in Hillary Term, for then the Defendant will
another A&tion, and yet he outlawed him; and up-not be outlawed in lefs than four Terms, by Reaſon
on Affidavit of this Matter, the Plaintiff was order- of the Shortness of Eafter Vacation; but if you com-
ed to reverſe the Outlawry at his own Charge. mence your Suit in any other Term, the Outlawry
Ibid. When a Perfon would reverfe an Outlawry, will be finished in three Terms, the Original being
he muſt have an Attorney of Record to undertake returnable the first Return of the Term: And in
an Appearance to a new Original; and put in fpe- London one may fue to the Outlawry three Times in
cial Bail, if the Debt or Damage amount to 10% the Year, becauſe the Huftings, wherein Proclama-
or above: And if it be an Outlawry after Judg-tion is to be made, are oftner held than the
ment, it cannot be reverfed until Satisfaction is County-Court in the Country; for which Reaſon
acknowledged by the Plaintiff on Record; or the in fuing to the Outlawry, moft Actions are laid in
Defendant hath brought the Money into Court. London. In this Action first a Precipe is to be made
If an Outlawry be reverfed, the Plaintiff may de-out, if it be for Debt, or a Pone in Cafe, Trefpafs,
clare against the Defendant for the fame Caufe of c. And having carried it to the Curfitor of the
Action in two Terms, upon a new Original, and in County wherein the Action is laid, he makes the
another County than that where the Action was Original thereupon; which you are to carry to the
firſt laid. 3 Lev. 245. But if the Plaintiff pro- Filazer of the County, who will make out a Capias,
ceeds not in two Terms after Notice, the Defen- Alias, and Pluries, or for Dispatch you may make
dant fhall have Cofts. In the Reverfing of Out them out yourfelf; all of which muft have fifteen
lawries, Proceedings may be by Motion to inform Days between the Date and Return, and are return'd
the Court of fome Fault; or by Writ of Error, Non eft Invent of Courſe, and filed with the Cuftos
c. And an Outlawry may be reverfed, where the Brevium. When the Capias, Alias, and Pluries are
County-Court Days are miſtaken in the Proclama-returned, the Pluries is to be carried to the Exigen-
tions; if fufficient Time is not allowed between ter of the County, who will make out your Exigent
any of them; the Party is mifnamed, or the She- and Proclamation, which is to be fent down to the
riff's Name omitted or mistaken; by any Error Sheriff of the County where the Defendant lives;
found in the Return of the Proclamation, or for and the Exigent being carried to the proper She-
Want of filing it; Want of Returns, and Miftakes riffs, you call for their Returns at the Time when
in the Writs of Alias, Capias, &c. And fo if the returnable, allowing five County-Court Days be-
Exigent and Proclamation do not go forth to the tween the Tefte and Return of the Exigent, if the
County where the Party dwells; if there be no Action be laid in the Country, and five Huftings if it
Warrant of Attorney filed for the Plaintiff the be laid in Town; and when your Exigent and Pro-
fame Term fued forth, &c. 1 Inft. 128. 2 Inft. 670. clamation are returned, the latter is to be filed
When it is not had in a due Courfe of Procefs, the with the Cuftos Brevium, and the Exigent with the
Outlawry will be erroneous; fo if a Man is outlawed Filizer of the County; whereupon the Filazer will
in a Suit, wherein Outlawry doth not lie, as in De make out a Capias Útlagatum into any County you
tinue of Charters, &c. Or on an original Writ, defire, where the Defendant hath any Étate.
without any Addition of Eftate, Myftery, or De- Practif. Salic. 257. If Judgment be had against a
gree of the Party: And if the Principal Record Defendant, who to evade the Law and Execution
be reverfed for Error, the Outlawory grounded up against him, lurks in feveral Counties, he may be
on it ſhall be reverfed alfo. Goldsb. 148. Dyer 223. fued to Outlawry after Judgment, and on iffuing a
An Outlawry in B. R. may be reverfed there; be- Capias ad fatisfaciend. for the Debt and Cofts, and a
caufe it is the Judgment of the Coroner, and not Non eft Inventus returned, an Exigent is made and
of the Court: But altho' there be a Superfedeas to returned by the Sheriff; upon which you may have
the Exigent, the Outlawry cannot be reverfed in a Capias Utlagatum into as many feveral Counties as
this Court without a Writ of Error: In C. B. it is you pleaſe, 'till the Defendant is taken; and then
otherwife. Fenk. Cent. 116, 119. A Defendant is he cannot be difcharged without making Satisfa&tion
outlawed in a Civil Action in B. R. if the Proclato the Plaintiff, a Pardon of the Outlawry, or rever-
mation therein is not filed, the Defendant may re-fing the fame for Error. Ibid. 322. And where a
verfe the Outlawry without any Writ of Error, by
pleading no Proclamation filed; and upon the
Cufos Brevium's attending the Court with the File
of Writs, whereby it appears that the Proclama-
tion is not filed, the Court will reverfe the Out-
lawry; but if the Proclamation be filed, then he
muſt bring his Writ of Error to reverſe it.
2 Lill.
Abr. 263. If a Husband and Wife are returned
Utlagati fuerunt, as the Wife ought to be waived,
this Error may be avoided by Exception, on a
Motion to the Court in the fame Term in which
they were outlawed; but not afterwards without
Writ of Error. 2 Bulft. 213. If the Names of Co-
roners are not put to the Judgment of Outlawry';
or it is not faid Coronatoris Comitatus, &c. it is Error,
for which the Outlawry may be reverſed. 1 Roll. Dwelty, Is when there is Lord Mefne, and Tenant,
Rep. 266.
2 Cro. 528. 2 Roll. Rep. 82. The Court and the Tenant holds of the Mefne by the fame
of B. R. will not reverſe an Outlawry, though both Service that the Mefne holds over of the Lord a-
Parties confent, except there be Error in the Out-bove him; this is called Owelty of Services. F. N. B.
lawry; the King being concerned as well as the 136. And Owelty of Services is Equality of Services.
Parties. 2 Lill. 262. Judgment in Outlawry is given Co. Litt. 169.
:
Plaintiff recovers Damages, and he against whom
the Damages are recovered, is outlawed at the King's
Suit; no Pardon fhall be granted, unless the Chan-
cellor is certified that the: Plaintiff is fatisfied his
Damages, by Stat. 5 Ed. 3. See Capia's Uilagatum,
and Exigent.
Dutpartners, In Thieving and Stealing Cattle,
&c. without the Liberty. Stat. 9 H. 5. Vide In-
takers.
Dut-Riders, Are Bailiffs ervant imployed by
Sheriffs, to ride to the fartheft Places of their Coun-
ties or Hundreds, with the more Speed to fummon
Perfons into County-Courts, &c. 14 E. 3. c. 9.
Dwel, Is a French Word for Equal. Law Fr.
Dict.
6 Z
.
Owlers,
OY
OY
Dwlers, Are Perions that carry Wool, &c. to
the Sea-fide by Night, in order to be shipped off
contrary to Law: And this is prohibited by Stat. 7
Ey 8 W 3. c. 23.
Drfild, Is faid to be a Reftitution made by a
Hundred-or County, of any Wrong done by one
that was within the fame. Lamb. Archaion. 125.
Oxford, No Purveyor or Badger, &c. fhall
baigain for, and take away Victuals in the Mar-
kets of Oxford or Cambridge, or within five Miles,
without Licence from the Chancellor, on Pain of For
feiting four Times the Value, and three Months
Imprisonment. 2 & 3 P. & M. c. 15. 13 Eliz. 6. 21.
See Univerſity.
Drgang, (From Ox, i. c. Bos, and Gang or Gate,
Iter) Is commonly taken for fifteen Acres of Land,
or as much as one Ox can plough in a Year; fix
Oxgangs of Land are fuch a Quantity of Ground as
fix Oxen will plough. Crompt. Jurifd. 220.
Dyer. This Word was anciently uſed for what
we now call Affifes. Anno 13 Edw. 1.
C.
་
:
Dyer and Termíner, (Fr. Ouir & Terminer. Lat.
Audiendo & Terminando) Is a Commiffion directed to
the Judzes, and other Gentlemen of the County to
which iffued, by Virtue whereof they have Power
to hear and determine Treafons, and all manner of
Felonies and Trefpaffes. Crompt. Jurifd. 121. 4.Inft.
152. 2 Inft. 419. It is the first and largest of the
five Commiffions by which our Judges of Afife do
fit in their feveral Circuits: And is General, for
trying all Offenders and Offences; or Special, to
try only particular Perfons or Offences: And in
our Statutes it is often printed Oyer and Determiner.
4 Inft. 162. The ufual Commiffion of Oyer and
Terminer of Juftices of Affife is general; and when
any fudden Infurrection or Trefpafs is committed,
which requires fpeedy Reformation, then a special
Commiffion is immediately granted. Weftm. 2. 13 E.
I. c. 29. F. N. B. 110. And this Commiffion was
formerly iffued only where fome Infurrection was
made, or heinous Mifdemeanor was done in any
Place; when the Manner and Ufage was to grant
a Commiffion of Oyer and Terminer, to hear and de-
termine fuch Misbehaviours; and the Stat. 2 Ed. 3.
c. 2. requireth that no Commiffion of Oyer and Ter-
miner be granted, but before the Juftices of one
Bench or other, or the Juftices itinerant, and that
for horrible Trefpaffes. New Nat. Br. 243. A Man
may have a fpecial Commiffion of Oyer and Termi-
ner, to inquire of Extortions and Oppreffions of Un-
der-Sheriff's, Bailiffs, Clerks of the Market, and all
other Officers, &c. upon the Complaint and Suit of
any one that will fue it out: And the King may
make a Writ of Affo:iation unto the Justices of Oyer
J
Dyer of a Deed, Is where a Man brings an Action
of Debt upon a Bond, or other Deed, and the De-
fendant appears, and prays that he may bear the
Bond, wherewith he is charged, which fhall be
allowed him. 2 Lill. Abr. 266. The Demand of Oyer
is a Kind of Plea, and may be counterpleaded
Where there may be Oyer, the Party demanding it
is not bound to plead without it; but the Defendant
may plead without it if he will, on taking upon him
to remember the Bond or Deed; though if he plead
without Oyer, he cannot after waive his Plea, and
demand Öyer. Mod. Ca. 28. 3 Salk. 119. In the
Court of B. R. Oyer may be prayed after Impar-and Terminer, to admit thofe into their Company
lance; but not in C. B. 5 Rep. 74. After Impar- whom he hath affociated unto them; also another
lance, Oyer cannot be demanded, becaufe Impar Writ may be fent to the Judges to proceed, al-
lance is always to another Term: Alfo after a Plea though that all the Juftices do not come at the Day
in Abatement, Oyer may not be had the fame Term, of the Seffions, and this Writ is called the Writ of
to plead another dilatory Plea. Mod. Ca. 27. 2 Lill. Si non omnes, &c. Ibid. 245, 247. As to theſe Com.
267. To demand Oyer of an Obligation is not only miffions it is faid, that if a Commiffion of Oyer and
to defire the Plaintiff's Attorney to read the fame; Terminer, c. be awarded to certain Perfons to in-
but to have a Copy thereof, that the Defendant quire ar fuch a Place, they can neither open their
may confider what to plead to the Action. Hob. 217. Commiffion at another, nor adjourn it thither, or
And when upon Oyer of a Deed it is entered, the give Judgment there; if they do, all their Proceed-
whole Cafe appears to the Court, as if the Deedings fhall be efteemed as coram no Fudice: But it is
were in the Plca, and the Deed is become Parcel of
the Record: Though Oyer of a Deed cannot be de-
manded only during the Term it is produced in
Court; and then it may be entered in hac verba, and
there may be a Demurrer or Iffue upon it, &c.
5 Rep. 76. Lutw. 1644. 3 Salk. 119. Where Oyer
is prayed, it is always intended that the Deed is in
Court; which it is not of another Term. Sid. 308.
3 Salk. A Defendant ought to crave Oyer of the
Plaintiff's Deed, on which he hath declared; and
cannot fet forth another, to plead Performance
thereof. Mod. Ca. 154. 2 Nelf. Abr. 1225. If there
is Mifnomer in a Bond, &c. the Defendant is to
plead the Mifnomer, and that he made no fuch Deed,
without craving Oyer; for if he doth, he admits his
Name to be right. 1 Salk. 7. Executors bringing |
Action of Debt, the Defendant may demand Oyer of
the Teſtament, &c.
held, that Juftices appointed pro hac viče, may ad-
journ their Commiffion from one Day to another,
though there be no Words in their Commiffion to
fuch Purpofe; for a general Commiffion authorizing
Perfons to do a Thing, doth implicitly allow them
convenient Time for the doing of it. 2 Hawk. P. C.
18. Upon the general Commiffion of Oyer and Ter-
miner, there should iffue a Precept to the Sheriff
in the Name of the Commiffioners, bearing Date
fifteen Days before their Seffions, that he return
twenty-four Perfons for a Grand Jury ad Inquiren-
dum, &c. on fuch a Day; and the Sheriff is to re-
turn his Panel annexed to the Precept: And by the
Statute 5 Ed. 3. c. 11. Juftices of Oyer and Terminer
may iffue Procefs of Outlawry in any County of
England, againſt Perſons indicted before them; but
all their Proceffes are regularly to be in the Names,
and under the Seals of the Commiffioners, viz.
Dyer de Record, (Audire Recordum) Is a Petition three of them, one being of the Quorum. 2 Hale's
made in Court, that the Judges, for better Proof- Hift. P. C. 26, 31. The fame Juftices at the fame
fake, will bear or look upon any Record. And it Time may execute the Commiffion of Oyer and Ter-
hath been adjudged, that the craving Oyer of an miner, and alfo that of Gaol-Delivery; and the ſame
original Writ is not like the craving Oyer of a Deed; Perfons being authorized by both thefe Commif
becauſe the Deed is always produced by the Plain-fions, may proceed by Virtue of the One in thoſe
tiff, and it is the A&t of the Party, wherefore he Cafes, where they have no Jurifdiction by the o-
ſhall not be admitted to ſay that it is not his Deed; ther, and make up their Records accordingly. Ibid.
But the filing a Writ, and having it read on Oyer | 20. But Juftices of Oyer and Terminer cannot pro-
demanded, is the A&t of the Court. 2 Lutw. 1641. ceed but upon Indi&ments taken before themſelves,
If a Record of the fame Court is pleaded in Abate- unless they have a Commiffion of Gaol Delivery
ment, and the Plaintiff demands Oyer of that Re-likewife, or a fpecial Commiffion; for the Com-
cord, and it is not given him in convenient Time,
Plaintiff may fign Judgment. Carthew's Rep. 454,
See 3 Salk. 119.
517.
f
miffion of Oyer and Terminer is, Ad Inquirendum, Au
diendum & Terminandum, To inquire, hear and de-
termine. Wood's Inft. 478. And though Juftices of
Gaol-
2
PA
PA
Gaol-Delivery · have a more general Commiffion
for proceeding against and trying Malefactors,
than the Commiffioners of Oyer and Terminer have;
yer fuch Juftices may not proceed but on Indi&-
ments found before other Juftices, as Juftices of
Peace, &c. 2 Hawk. 24. On Indictments found
before the Justices of Oyer and Terminer, they may
proceed the fame Day against the Parties indicted.
Form of a Commiſſion of Oyer and Terminer.
G
Pacare, To pay; as Tolnetum Pacare, is to pay
Toll. Mon. Angl. Tom. 1. pag. 384. Hence Pacatio,
Payment. Matt. Parif.
Pace, (Paffus) A Step in going, containing two
Feet and a half, the Distance from the Heel of the
hinder Foot to the Toe of the fore Foot; and there
is a Pace of five Foot, which contains two Steps, a
Thouſand whereof make a Mile; but this is called
Paffus major.
Pacification, (Pacificatio) A Peace-making, Qui-
eting, or Appcafing; relating to the Wars betwixt
England and Scotland, Anno 1638, mentioned in the
Star. 17 Car. 1. c. 17.
Pack of Wool, Is a Horfe-load, which confifts
of feventeen Stone and two Pounds, or 240 Pounds
Weight. Mer:b. Dict.
+
Package, A Duty Set and Rated in a Table
taken of Goods and Merchandizes; and all Goods
not fpecified in the Table are to pay for Package-
Duties, after the Rate of one Penny in the
Pound, according as they are valued in the Book of
Rates.
*
Packers, Are Perfons appointed to park up Her.
rings, and fworn to do it purfuant to the Stature.
15 Car. 2. c. 14.
Dalt, (Fr.) A Contract or Agreement. Law Fr.
Dict.
EORGE the Second, &c. to his beloved and faith-
ful A. B. C. D. E. F. c. Greeting: On the
grievous Complaint of G. H. &c. we have heard or un-
derftand that J. K. L. M. N. O. and certain other Ma-
lefactors and Disturbers of our Peace, upon the faid G. H.
at P. with Force and Arms made an Affault, and him
beat, &c. fo that his Life was defpaired of, and other
Injuries did to him, to the great Damage of the faid G.
and against our Peace; and because the Trespass, if it
were otherwife done, we would not leave unpunished:
We affign you, and two of you, our Fuftices to inquire
on the Oath of honest and lawful Men in the County of,
&c. by whom the Truth of the Matter may be better
known, of the Names of the Malefactors aforesaid, who
together with the faid J. K. L. M. and N. O. commit-
ted the faid Trefpafs, and of the faid Trespass more fully
the Truth, and the fame Trefpafs to hear and deter
mine, according to the Law and Customs of our Realm;
and therefore we command you, that at certain Days and
Places, which you or two of you for this jhall appoint,
you make the faid Inqueft, and the Trefpafs aforefaid you Pain Fort Dure, (Lat. Poena Fortis & Dura,
bear and determine, in Form aforefaid done, as to Fuftice Fr. Peine Forte & Dure) Signifies an eſpecial Punish-
belongs, according to the Laws and Customs of our King-ment inflicted by Law, on thofe that being arraign-
dom: Saving to us the Amercements, and other Things to
as thence appertaining. Alfo we command our Sheriff of
the County aforefaid, that at certain Days and Places
which you or two of you shall cauſe to be known to him,
be caufe to come before you or two of you, so many, and
fuck honest and lawful Men of his Bailiwick, by whom the
Truth in the Premiffes may be the better known, and in-
quired into, &c. Witness, &c.
This is a Special Commiſſion of Oyer and Terminer
granted upon urgent Occafion; and the Party fuing
it might thereupon take out a Writ to the Sheriff
commanding him to arreft Goods wrongfully taken
away, and keep them in fafe Cuftody, till Order
made concerning them by the Fuftices affigned to
determine the Matter. Reg. Orig. 126. F. N. B.
112.
Yes, (From the Fr. Oyez, i. e. Audite, hear ye)
Is well known to be uſed by Cryers in our Courts, &c.
to injoin Silence and Attention, when they make
Proclamation of any Thing.
Dyfter-Fishery,
Dylters Fishery, In the River Medway, is regu-
lated by Statute, and a Court to be kept for that
Purpoſe at Rochefter yearly, where by Jury of free
Dredger-men of the Oyster-Fibery, the fame is to be
inquired into; and they may make Rules and Or-
ders when Oysters fhall be taken, what Quantities in
a Day, and to preferve the Brood of Oyfters, &c.
And may impofe Penaltics not exceeding 5 1. Alfo
Water-Bailiffs fhall be appointed to examine Boats,
&c. Stat. 2 Geo. 2. c. 19. A Duty of 7 d. per Bufhel
ſtrike Meaſure, is laid upon Oyfters imported from
France. 10 Geo. 2. cap. 30.
Dze, Or Oozy Ground, (Solum uliginofum) Moiſt,
wet and marshy Land. Litt. DiЯ.
P
P.
Jage, Paagium, The fame with Paffagium.
Matt. Paril. 769. .
Dacabilis, Payable or paffable.- Recipiet duo-
decim quarteria bona & pacabilis averia, &c. Ex Re-
gift. Gienefeld. Archiep. Ebor. MS.
+
Dagus, A Word ufed in ancient Records for
a County: Alfred Rex Anglo-Saxonum natus eft in
Villa Regia que dicitur Wantage in illa Paga que nomi-
natur Berkfh. &c.
cd of Felony, refufe to put themfelves upon the
ordinary Trial, but tubbornly ftand mute; and it
is vulgarly called Prefing to Death. Stat. Weftm. 1.
cap. 12. If a Criminal doth not plead directly to
the Fact, or put himself on Trial by the Country,
he fhall be put to the Penance of Pain. Fort & Dure,
in Cafes of Petit Treafon and Felony; And forfeit
his Goods; And fome, Criminals have undergone
this Puniſhment, to prevent Attainder, Corruption
of Blood, and Forfeiture of Lands; but upon
ftanding mute in High Treafon, the higheft Of
fence, and in Petit Larceny, the lowest of all Fe-
lonics, the Offenders fhall have the like Judgment
as if they had been convicted by Confeffion or
Verdi&t. 3 Inft. 217. H. P. C. 226. Kel. 27. Wo-
men ftanding mute in Felony are liable to Penance
of Pain Fort & Dure as well as Men. 2 Inft. 177. The
Judgment of Pain Fort & Dure by the Common
Law, and according to the ufual Practice, as re-
corded in our Books, is as follows, viz. That the
Criminal fhall be remanded to the Prison from
whence he came, and put in fome low dark Room,
and there laid on his Back, without any Manner
of Covering, except for the Privy Parts, with his
Legs and Arms extended with Cords to the four
Quarters of the Room, and that as many Weights
fhall be laid on his Body as he can bear, and
more; and that he hall have no Suftenance, but
of the worst Bread and Water, and fhall not cat
the fame Day in which he drinks, nor drink the
fame Day he eats; and that he fhall fo continue
till he die. S. P. C. 150. 2 Inft. 178. But antiently
the Judgment was not that he ſhould fo continue
'till he were dead, but 'till he fhould anſwer; and
he might fave himself from the Penance, by put-
ting himself on his Trial. 2 Hawk. P. C. 331. Be-
fore Judgment paffes of Pain Fort and Dure, the
Court orders a Tafte to be given to the Criminal
of the Pain to be endured, if he will not comply;
and the Court will not proceed to this Judgment,
before all Methods are uſed to perfuade him to
plead: This is the conftant Practice of Newgate-
Seffions. Kel. 27, 28. See Mute.
Pains
PA
PA
Pains and Denalties. An A& paffed in the
Ninth Year of King George 1. for inflicting Pains and
Penalties on the late Bishop of Rochester, Mr. Kelly,
and others, for being concerned in Layer's Confpi-
racy; by Virtue of which Statute, the Bishop was
deprived and banished, and diſabled to hold any
Office, Dignity, Benefice, &c. And the others
were imprifoned during Life, and to forfeit all their
Lands and Goods; and efcaping from Prifon, or the
Bishop returning from Banifhment, to be guilty of
Felony without Benefit of Clergy, &c. Alfo Per-
fons correfponding with the Bishop, (except licensed
under the Sign Manual) were adjudged Felons by
the Statute. They were condemned by Parliament
for Want of fuch Evidence as is ftri&tly required
in the Common Law Courts. 9 Geo. I. c. 16, 17.
Painters. The Price of Painters Work is li-
mited by Statute; who fhall not take above 16 d.
a Day, for laying any flat Colour mingled with
Oil or Size, upon Timber, Stone, c. And
Plaifterers are forbid ufing the Trade of a Painter
in London, or to lay any Colour of Painting, unlefs
they are Servants to Painters, c. on Pain of 51.
But they may ufe Whiting, Blacking, Read-Lead,
Oker, c. mixt with Size only. Stat. 1 Jac. 1. cap.
20..
•
Daís, (Fr.) A Country or Region; Trials per Pais
is Trial by the Country. Spelm. Gloff
Palagium, A Duty to Lords of Manors for ex-
porting and importing Veffels of Wine in any of
their Ports. Quieti de omni Teloneo, & Paffagio
cobuagio, Pallagio, c..
Palatine, Counties of, and their Privileges. See
County.
Palfrey, Palfredus, Palafredus, Palefridus) Is one
of the better Sort of Houfes ufed by Noblemen, or
others for State: And fometimes taken for a Horfe
fit for a Woman to ride. Camden ſays, that W. de
Fauconberge held the Manor of Cuken in the County
of Nottingham in Serjeanty, by the Service of Shoo-
ing the King's Palfrey when he came to Mansfield.
Co. Litt. 149.
61
T
the Plenitude of Ecclefiaftical Power; and there-
fore it was the Prerogative of Popes, who pretend
to be the immediate Succeffors of that Saint, to in-
veft other Prelates with it, which at firft was done
no where but at Rome, but afterwards at other Pla-
ces. Durandus's Rationale.
Dalls, The Pontifical Veftures made of Lamb's
Wool, in Breadth not exceeding three Fingers,
cut round that they may cover the Shoulders; they
have two Labels or Strings on each Side, before and
behind, and likewife four purple Croffes on the
Right and Left, faftned with Pins of Gold, whofe
Heads are Saphire: Thefe Veftments the Pope gives
or fends to Archbishops and Metropolitans, and
upon extraordinary Occafions to other Biops;
who wear them about their Necks at the Altar,
above their other Ornaments. The Pall was firft
given to the Bishop of Oftia, by Pope Marcus the
Second, Anno 336. And the Preface to an ancient
Synod here in England, wherein Odo, Archbishop of
Canterbury prefided, begins thus: Ego Odo bu-
milis & extremus, divina largiente Clementia, Almi
Prafulis & Pallii honore ditatus, &c. Selden's Hift.
Tithes 227. Creffy's Church Hift. 972. Stat. 25
H. 8:
Palmetry, A Kind of Divination, practised by
looking upon the Lines and Marks of the Hands
and Fingers; being a deceitful Art ufed by Egyp
tians, prohibited by the Statute of 1 & 2 P. & M.
cap. 4.
Pandes, Are the Books of the Civil Law, com-
piled by Juftinian; mentioned in the Hiftorians of
this Nation. Bede, cap. 5.
Pandoratrix, An Ale-wife that both brews and
fells Ale or Beer; from Pandoxatorium, a Brew-houfe.
Statut. & Confuetud. Burgi Villa de Montgom. Temp.
Hen. 2.
Panel, (Panella, Panellum) According to Sir Ed-
ward Coke, denotes a little Part; but the learned
Spelman fays, that it fignifies Schedula vel Pagina,
a Schedule or Page; as a Panel of Parchment, or
a Counterpane of an Indenture. But it is ufed more
particularly for a Schedule or Roll, containing the
Names of fuch Furors as the Sheriff returns to pafs
upon any Trial. Kitch. 226. Reg. Orig. 223. And
Dalla, A Canopy; alfo often ufed for an Altar-the Impanelling a Fury is the entering their Names
cloth. Matt. Pariſ. ſub Ann. 1236. Chartular. Glafton.
MS. fol. 12.
Palingman, Seems to be a Merchant Denizen,
one born within the English Pale. Stat. 22, Ed. 4. c.
23, and 11 H. 7. C. 22.
1
by the Sheriff into a Panel or little Schedule of
Parchment; in Panello Affife. 8 H. 6. c. 12. Panels
Dallio cooperire. It was antiently a Cuftom, of Juries are to be returned into Court, on Writs of
where Children were born out of Wedlock, and Nifi Prius, &c. before Inquefts can be taken upon
their Parents afterwards intermarried, that thoſe them, by Stat. 42 Ed. 3. c. 11. And Perfons indict-
Children, together with the Father and Mother, ed of High Treafon fhall have a Copy of the Panel
ftood under a Cloth extended while the Marriage of the Jurors, who are returned to try them, two
was folemnizing, which was in the Nature of A-Days at leaft before tried. 7 & 8 W. 3. c.3. But
doption; and by fuch Cuftom, the Children were
taken to be legitimate. In fignum Legitimationis
Nati ante Matrimonium confuerunt poni fub Pallio fuper
Parentes eorum extento in Matrimonii folemnizatione. E-
pift. Rob. Grofthead Epifc. Lincoln.
it is faid, that in Trials before Juftices of Gaol-De-
livery, the Prifoner has no Right to a Copy of the
Panel before the Time of his Trial; except only in
Cafes within that Stature. 2 Hawk. P. C 410.
Danis vocat' Blackwhytlof, Bread of a middle.
Sort, between White and Brown; fuch as in Kent
is called Ravel-Bread. In Religious Houfes it was
the Bread made for ordinary Guefts; and diſtin-
guifhed from their Houfhold Loaf, or Panis Con-
ventualis, which was pure Manchet or White Bread.
Cowel....
Panis Armigerozum, Signifies Bread diftributed
to Servants. Mon. Angl. Tom. 1. pag. 420.
Panis Militaris, Hard Bisket, or black coarſe
Camp Bread. Cartular. Eccl. Elyen. MS. fol. 47.
Ballium, Is a Word often mentioned in our old
Hiftorians; and Durandus tells us, that it is a Gar-is called Ravel-Bread.
ment made of White Wool, after the following
Manner, viz. The Nuns of St. Agnus every Year,
on the Feaft-Day of their Saint, offer two White
Lambs on their Altar of their Church, during the
Time they fing. Agnus Dei in a folemn Mafs; which
Lambs are afterwards taken by two of the Canons
of the Lateran Church, and by them given to the
Pope's Sub-deacons, who put them to Pafture 'till
Shearing-time, and then they are fhorn, and the
Pall is made of their Wool, mixed with other White
Wool: The Pall being thus made is carried to the
Lateran Church, and there placed on the High Al.
tar by the Deacons of that Church on the Bodies
of St. Peter and St. Paul; and after a ufual Watch-
ing, it is carried away in the Night, and delivered
to the Subdeacons, who lay it up fafe. And becaufe
it was taken from the Body of St. Peter, it fignifies
I
*
Pannage or Pawnage, (Pannagium, Fr. Pafnage)
Is that Food which the Swine feed upon in the
Woods, as Maft of Beech, Acorns, &c. Alimentum,
quod in Silvis colligunt Pecora, ab Arboribus dilapfum:
Alfo it is the Money taken by the Agiftors for the
Food of Hogs in the King's Foreft. Crompt. Jurifd.
155. Stat. Weftm. 2. cap. 25. Manwood lays Pan
nage fignifies moft properly the Maft of the Woods
or Hedge-rows: And Linwood thus defines it: Pan-
nagium
...
PA
nagium eft paftus pecorum in Nemoribus & in Sylvis,
utpote de glandibus & aliis fructibus arborum Sylveftri-
um, quarum fructus aliter non folent colligi. It is men-
tioned in the Stature 20 Car. 2. c. 3. And in an-
cient Charters this Word is varioufly written; as
Pannagium, Pafnagium, Pathnagium, Paunagium, &
Pellona. See 8 Rep. 47.
Pannus, A Garment made with Skins.
Statutum fuit quod nullus habet Pannos decifos
ceratos. Fleta, lib. 2. cap. 14.
la-
Pape, Papa, from the old Greek Word Hawwas,
fignifying a Father. Sec Pope.
PA
lawful Minifter, is liable to the like Penalty: And
not being buried according to the Ecclefiaftical
Laws, the Executors fhall forfeit 20 1. &c. And
Papifts are incapable to be Executors, Adminiftra-
tors, or Guardians; diſabled to fue Actions, and
as Perfons excommunicate 'till they conform, &c.
3 Fac. 1. And it is faid that being convicted of
Popish Recufancy, they may be taken up by the
Writ de Excom. capiend. And fhall not be admitted
as comperent Witneffes in a Caufe: But this feems
to be carried beyond the Intent of the Statute.
Paper-Books, Are the Iffues in Law, &c. upon beyond Sea to be trained up by Papifts, fhall for
2 Bulſt. 155, 156. 1 Hawk. P. C. 23. Perfons going
Special Pleadings, made up by the Clerk of the feit their Goods and Chattels, if they do not con-
Papers, who is an Officer for that Purpoſe. And form within fix Months after their Return: And
the Clerks of the Papers of the. Court of King's fending Children abroad to be thus trained
Bench, in all Copies of Pleas and Paper-Books by liable to a Penalty of 100 1. Stat. 3 Car. 1. c. 2.
up, is
them made up, fhall fubfcribe to fuch Paper-Books, The Lord Mayor of the City of London, and Juftices
the Names of the Counſel who have figned fuch of Peace, &c. are to caule to be brought before
Pleas, as well on the Behalf of the Plaintiff as of them Papifts, within the ſaid City and ten Miles
the Defendant; and in all Paper-Books delivered to thereof, and tender them the Declaration 30 Car. 2.
the Judges of the Court, the Names of the Coun-cap. 1. against Tranfubftantiation; and refuſing to
fellors, who did fign thofe Pleas, are to be fub- fubſcribe it, they ſhall fuffer as Popish Recufants
fcribed to the Books, by the Clerks or Attornies convict: But fuch as ufe any Trade or manual Art;
who deliver the fame. Pafch. 18 Car. 2. 2 Lill. Abr. and Foreign Merchants, Servants to Ambaffadors,
c. are excepted. I W. & M. Seff. 1. c. 9. Papifts
Paper-Office, Is an ancient Office within the Pa- refufing to appear and fubfcribe the faid Declara-
lace of Whitehall, wherein all the Publick Papers, tion, are not to keep in their Houſes any Arms,
Writings, Matters of State and Council, Letters, Weapons, Gunpowder, &c. And Juftices of Peace
Intelligences, Negotiations of the King's Minifters may order any fuch to be feifed: And they may
abroad, and generally all the Papers and Diſpatches not keep any Horle above the Value of 5 1. which
that pass through the Offices of the Two Principal
Secretaries of State, are lodged and tranfmitted,
and there remain difpofed in the Way of Library.
Also an Office belonging to the Court of King's
Bench fo called.
268.
•
may be alfo fcifed. And Perfons concealing Arms
or Horfes, or hindering a Search after them fhall
be committed, and forfeit treble Value. 1 W. & M.
c. 15. If any Perſon refuſe to repeat and ſubſcribe
the afore-mentioned Declaration, and ſhall there-
Papilts Are thofe who profefs the Popish Re- upon have his Name and Place of Abode certified
ligion in this Kingdom: And fince the Reformation and recorded at the General Quarter Seffions of
there have been many Statutes concerning them. the Peace, as by the A&t is appointed, he shall be
By the 35 Eliz cap. 2. Papifts are to repair to their difabled to make any Prefentation, &c. And pre-
ufual Place of Refidence, and not remove above ſenting contrary to this A&t fhall forfeit
five Miles, without Licence, &c. The 3 Fac. 1.1 W. M. 6. 26. Papifts who keep Schools are
500 1.
&
cap. 5. ena&s, That no Papifts, or Popish Recufant to fuffer perpetual Imprifonment: And Perfons
convict, fhall come to Court; practice the Com-educated in the Popish Religion, not taking the
mon Law, Civil Law, Phyfick, &c. or bear any Oaths and fubfcribing the Declaration in the 30
Publick Office or Charge, but fhall be utterly dif- Car. 2. within fix Months after they attain the Age
abled to exerciſe the fame; and liable to a Pe-of eighteen Years, fhall be diſabled to take or in-
nalty of 100 l. But Offices of Inheritance may be herit Lands, but not their Heirs or Pofterity; and
executed by Deputies taking the Oaths, by 1 W. & during their Lives or Refufal, the next Proteftant
M. Papifts, and Trustees for Papifts, are incapa-Relation fhall enjoy, &c. And where the Parents
ble to preſent to any Benefice, School, Hofpital,
&c. or to grant any Avoidance of a Benefice, and
the two Univerſities fhall prefent; the Chancellor,
&c. of Oxford, to prefent to Benefices lying in fuch
and fuch Counties; and the Univerfity of Cambridge
to Benefices in others, particularly mentioned in
the Statute; and a Bill may be brought in a Court
of Equity to difcover fecret Truft, &c. 3 Jac. 1.
cap. 5. It has been adjudged on that Statute, that
the Perfon is only difabled to prefent; and that he
continues Patron to all other Purpofes. Cawley 230.
That fuch a Perfon by being difabled to grant
an Avoidance, is not hindered from granting the
Advowfon itſelf, in Fee, or for Life, bona fide for
good Confideration. I Fon. 19, 20. And that if an
Advowfon or Avoidance belonging to a Papist come
into the King's Hands, by Reafon of any Outlawry,
or Conviction of Recufancy, c. the King and
not the Univerſities, fhall prefent. 1 Fon. 20. Hob.
126. But where a Prefentment is vefted in the
University, at the Time when the Church became
void, it shall not be deveſted again, by the Pa-
tron's conforming, &c. 10 Rep. 57. Papifts, and
Popish Recufants, married not according to the
Orders of the Church of England, are difabled, the
Husband to be Tenant by the Curtefy, and the
Wife to have Dower, &c. and incur a Forfeiture
of 100% Alfo not Baptizing their Children by a
of Proteftant Children are Papists, the Lord Chan-
cellor may take Care of the Education of fuch Pro-
teftant Children, and make Order for their Main-
tenance fuitable to the Ability of the Parent. 11 &
12 W. 3. c. 4. Every Trustee, &c. for Popish
Children is difabled to prefent to any Benefice, &c.
and Preſentations by them fhall be void; and the
Chancellor and Scholars of the Univerficies fhall
prefent, as by the A& 3 Fac. 1.
required to examine Perfons prefented on Oath,
And Bishops are
before Inftitution, whether the Perfon prefenting
be the real Patron, and made the Preſentation in
his own Right, or whether he be not a Truſtee for
a Papift, &c. And if the Parfon prefented refuſe
to be examined, his Prefentation fhall be void.
12 Ann. Seff. 2. c. 14. Grants of Advowfons, or
Right of Prefentation to Churches, &c. by any
Papifts, or Perfon any ways in Truft for him, to be
void; except made for valuable Confideration to
fome Proteftant Purchafer, for the Benefit of a
Proteftant only; and Perfons claiming under fuch
Grant, fhall be deemed as Trustees for a Papiſt, and
they and their Prefentees be compelled to make
Discovery thereof and the Intent, as directed by 12
Ann. &c. 11 Geo. 2. Papifts are to regifter their
Eftates, as by this Statute is directed, on Pain of
Forfeiture; and Lands regiftred muſt be exprèffed
in what Parishes they lie, who are the Poffeffors
7 A
thereof
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Hence comes to difparage, and Difparagement. Co.
Litt. 166.
Paragium, Was commonly taken for the equal
Condition betwixt two Parties to be contracted in
Marriage: For the old Laws of England did ftri&tly
provide, that young Heirs fhould be difpofed in
Matrimony cum Paragio, with Perfons of equal
Birth and Fortune, Sine Difparagatione.
thereof, the Eftate therein, and the yearly Rent,
c. Perfons fuing in Chancery for Forfeitures for
Default of Regiftry, may demand all Difcoveries
as if Purchafers; and they may bring Eje&tment
on their own Demife, and give the Act and fpecial |
Matter in Evidence. 1 Geo. 1. c. 55. Sales of Lands
by Papifts (incurring the Difabilities 11 12 W. 3.)
to Proteftant Purchafers, are confirmed notwith-
tanding the Disability of Perfons joining in the Paramount, (Compounded of two French Words,
Sale; unleſs before fuch Sales any Perfon who is to Par, i. e. Per and Monter, afcendere) Significs in
take Advantage of the Difability, has recovered, our Law the higheft Lord of the Fee, of Lands,
or entered his Claim, and given Notice, &c. No Tenements, or Hereditaments. F. N. B. 135. As
Lands fhall pass from Papifts, by Deed or Will, there may be a Lord Mefne, where Lands are held
without Inrollment: And Papists are rendered in- of an inferior Lord, who holds them of a Superior
capable to purchafe Lands. 3 Geo. 1. c. 18. Deeds under certain Services; fo this fuperior Lord is
and Wills of Papists have further Time to be In-Lord Paramount: And all Honours, which have Ma-
rolled, and not avoidable for Want thereof, &c.nors under them, have Lords Paramount. Also the
by 6 Geo. 2. c. 5. All Perfons within England, of King is Chief Lord, or Lord Paramount of all the
the Age of eighteen Years, not having taken the Lands in the Kingdom. Co. Litt. 1.
Oaths, and who refufe to take the fame, fhall re-
gifter their Eftates as Papifts; or negle&ting fuch
Regiſtry, are to forfeit the Inheritance of their
Lands, Two Thirds to the King, and the other
Third to the Profecutor. 9 Geo. 1. c. 24. But by a
fubfequent A&t, this fhall not extend to oblige any
Woman to take the Oaths, or to regifter her Eftate;
nor any Perſon that hath only an Intereft in Lands
in Reverfion; or to Eftates under 10l. a Year,
And only one Year's Rent and Profits of Lands is
forfeited for Default of Regiftring by this Statute,
recoverable by Actions in the Courts at Westminster,
within fix Months after the Offence: Perfons in
Prifon beyond Sea, Non Compos, c. are to have
ix Months to take the Oaths and regifter their
Eftates, after the Removal of their Difabilities;
and Certificates by the proper Officers, fhall be
allowed as Evidence of Taking the Oaths, &c.
10 Geo. 1. c. 4. By the late Statute, the reputed
Owners of Eftates being Papifts, on conforming to
the Proteftant Religion, and taking the Oaths, the
fame to be recorded, and they and all Proteftants
claiming under them, fhall poffefs the Eftates freed
of Difabilities incurred by fuch Owners, c. And
any Perfon's Right entitled to a Reverfion, is
faved if his Suit be commenced in Twelve Months
after the Determination of the precedent Eftate.
But Perfons conforming as aforefaid, and after
wards returning to the Popish Religion, fhall be
ever after incapable of any Benefit by the A&t 11
Géo. 2. c. 17. See Oaths.
·
.
&c.
Parapharnalía, or Paraphernalia, (From the
Gr. Iaga, Prater, and Peg, Dos) Are thofe Goods
which a Wife callengeth over and above her Dower
or Jointure, after her Husband's Death; as Furni
ture for her Chamber, wearing Apparel, and
Jewels, which are not to be put into the Inven-
tory of her Husband. 1 Cro. Rep. A Wife, after!
the Death of her Husband, may claim her Para-
&c.phernalia or neceffary Apparel for her Body, and
Cloth given her to make a Garment, &c. befides
her Dower; fo that the Husband cannot give them
away by Will: But fhe fhall not have exceffive
Pearl Necklaces,
Apparel, beyond her Rank.
Chains of Diamonds, Gold Watches, &c. may be
included under Paraphernalia, if they were ufually
worn by the Wife, and were fuitable to her Qua-
lity and the Faſhion of the Times, and there are
Affets to pay Debts and Legacies; provided the
Husband does not give thefe away by Will. 1 Roll..
Abr. 911. 3 Cro. 343. Kitch. 369. Noy's Max. 163.
It was adjudg'd in the Viscountess Bindon's Cafe, that
Paraphernalia ought to be allowed to a Widow,
having Regard to her Quality and Degree; and
that her Husband being a Vifcount, fhe fhall be
allowed her Jewels to the Value of 500 Marks,
&c. 2 Leon. 166. A Widow retain'd a Chain of
Diamonds and Pearls, against the Devife of her
Husband; and two Judges held, that fhe might de-
tain them, becaufe they were convenient for a Wo-.
man of her Quality; but Two other Judges were
of a contrary Opinion, that Paraphernalia fhould
be not only convenient, but neceffary; otherwife
the Widow fhall not detain them againſt the ex-
prefs Devife of the Husband: Though it is faid it
was adjudg'd, that the Widow might detain necef
fary Apparel, and likewife Ornaments, againſt the
Devife of her Husband; and that he cannot dif
pofe of them by Will, though he might have fold
them in his Life-time; for immediately upon his
Death, the Property is vefted in the Widow. Cro.
Car. 347. 2 Nelf. Abr. 1225. All the Wife's wear-
ing Apparel, more than that which is neceffary and
convenient, is a Chattel in the Husband; and after
the Husband's Death fhall go to his Executors:
But what is neceffary for her Condition and State;
and comes under Paraphernalia, fhe fhall have as
her own Goods, and may difpofe of at her Death;
or take after the Death of her Husband. Bro. 9.
Doct. Stud. 17. Tho' by our Law the Wife
may not make a Will of and Deviſe them, without
the Affent of the Husband whilft he lives; becauſe
the Property and Poffeffion is in him. 2 Shep. Abr.
423. Mich. 27 Eliz.
Papilts taxed. Papifts or reputed Papifts, who
refufe to take the Oaths 1 W. & M. are to pay
double to the Land-Tax, &c. Stat. 8 W. 3. c. 6.
And a Tax of 100,000l. for the Year 1723. was
laid on the Lands of all Papifts, over and above
the double Taxes, towards reimburfing the Publick
the Charges occafioned by late Confpiracies;
charged fo much on every County, &c. and levi-
able by the Commiffioners of the Land-Tax, by
Stat. 9 Geo. I. c. 18.
Dar, Is a Term in Exchange, where a Man to
whom a Bill is payable receives of the Acceptor
juft fo much in Value, &c. as was paid to the
Drawer by the Remitter. Merch. Dict. And in
Exchange of Money, Par is defined to be a cer-
rain Number of Pieces of the Coin of one Coun-
try, containing in them an equal Quantity of Sil-
ver to that of another Number of Pieces of the
Coin of fome other Country; as where thirty-fix
Shillings of the Money of Holland, have jult as
much Silver as twenty Shillings English Money;
And Bills of Exchange drawn from England to Hol-
land, at the Rate of thirty-fix Shillings Dutch for
each Pound Sterling, is according to the Par. Lock's
Confid. of Money, pag. 18.
Darage, (Paragium) Signifies Equality of Name,
Blood, or Dignity; but more eſpecially of Land,
in the Partition of an Inheritance between Coheirs:
·
Parafitus, A Word ufed for a Domeftick Ser-
Blount.
vant.
Parabail, (Per-availe) Signifies the loweft Tenant
of the Fee, or he that is immediate Tenant to one
who holdeth over of another; and he is called Te-
nant Paravail, becauſe 'tis prefumed he hath Profit
•
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and Avail by the Land. F. N. B. 135. 2 Inft.
296.
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held in Tail, by the Death of one Sifter without
Iffue is made void, and the other Sifter as Heir
Parcella Terræ, A Parcel of Land, as uſed in in Tail will be intitled to the whole Land; and
fome antient Charters. Sciant, quod ego Ste-may have Writ of Formedon where the other Par
phanus W. Dedi, &c. Roberto de D. Unam Par-cener hath aliened. New Nat. Br. 476. And a Writ
cellam Terræ cum pertinen. jacen³, &c. Sine dar. of Nuper obiit lies for one Parcener deforced by an-
Parcel-makers, Are two Officers in the Exche-other, . F. N. B. 197. If any Parceners or their
quer, that make the Parcels of the Efcheator's Ac-Iffues be diffeifed, they must join in an Affife a
counts; wherein they charge them with every gainft the Diffeifor; fo if they have Caufe to
1 Inft. 95, 198.
Thing they have levied for the King's Ufe, with-bring any Action of Wafte, &c.
in the Time of their being in Office, and deliver Two Parceners are of Land, one enters and claims
the fame to the Auditors, to make up their Accounts the Whole, and is diffeifed, the alone may maintain
therewith. Practice Excheq. 99.
Affife; but if the Diffeifin be of Rent, the other
Parceners, (Quafi Parcellers, i. e. Rem in Par- Parceners must be named, or the Writ fhall abate.
cellas dividens) Are of two Sorts, viz. Parceners ac- Fenk. Cent. 41, 42. The Poffeffion of one Parcener
cording to the Courfe of the Common Law; and&c. of Land, without an actual Oufter, gives Pof
Parceners according to Custom. Parceners by the feffion to the other of them. Hob. 120. Dyer 128
Common Law, are where a Man or Woman feifed One Parcener may juftify the Detaining of the Deeds
of Lands or Tenements in Fee-fimple or Fec-tail concerning the Land against another, as they be
2 Roll. Abr. 31.
hath no Iffue but Daughters, and dieth, and the long to one as well as the other.
Tenements defcend to fuch Daughters, who enter Parceners are to make Partition of the Lands de-
into the Lands defcended to them, then they are fcended; and Eftates of Coparceners at Common
called Parceners, and are but as one Heir to their Law are applicable only to Inheritances: Partition
Anceſtor; and they are termed Parceners, because may be made between Parceners of Inheritances,
by the Writ de Partitione facienda the Law will con- which are intire and dividable, as of an Advowſon,
ftrain them to make Partition; though they may Rent-charge, or fuch like; but it is otherwiſe of
make Partition by Confent, &c. Litt. 243. 1 Inft. Inheritances which are intire and indiviſable, as of
164. And if a Man feiſed of Lands in Fee-fimple, a Pifcary, Common without Number, or fuch un-
or in Tail, dieth without any Iffue of his Body be certain Profits out of Lands; for in fuch Cafe the
gotten, and the Lands defcend to his Sifters, they eldeft Parcener fhall have them, and the others have
are Parceners; and in the fame Manner where he Contribution from her out of fome other Inheritance,
hath no Sifters, but the Lands defcend to his left by the Anceſtor; but if there is no ſuch Inhe-
Aunts, or other Females of Kin in equal Degree, ritance, then the Eldeft fhall have theſe uncertain
they are alfo Parceners: But where a Perfon hath Profits for one Time, and the Youngest for an-
but one Daughter, fhe fhall not be called Parcener, other Time. Dyer 153. Parceners cannot make Par-
but Daughter and Heir, &c. Litt. Sect. 242. If a tition fo as for one to have the Land for one Time,
Man hath Iffue two Daughters, and the eldeſt hath and another for another, &c. for each is to have
Iffue divers Sons and divers Daughters, and the her Part abfolutely: But where there is an Advow-
Youngest hath Iffue divers Daughters; the eldest fon defcended to them, they may prefent by Turns;
Son of the eldest Daughter fhall not only inherit, and if there be a Common, &c. which may not be
but all the Daughters of the youngest fhall inhe- divided, one may have it for one Year, and ano-
1 Inft. 164. An Ad-
rit, and the eldest Son is Coparcener with the ther for another Year, &c.
Daughters of the youngest Sifter, and fhall have vowfon is an intire Thing, and yet in Effect the
one Moiety, viz. his Mother's Part; fo that Men fame may be divided betwixt Parceners; for they
defcending of Daughters, may be Parceners as well may prefent by Turns: And if there be Coparce-
as Women, and fhall jointly plead and be implead-ners of an Advowfon appendant to a Manor, and
ed, &c. 1 Inft. 164. None are Parceners by the
Common Law, but either Females, or the Heirs of
Females, which come to Lands or Tenements by
Defcent. Litt. 254. Parceners by Cuſtom is where
a Perfon feifed in Fee-fimple, or in Fee-tail of
Lands or Tenements of the Tenure called Gavel-
kind, within the County of Kent, &c. hath Iffue,
divers Sons, and dies; fuch Lands fhall defcend to
all the Sons as Parceners by the Cuftom, who fhall
equally inherit and make Partition as Females do,
and a Writ of Partition lies in this Cafe, as be-
tween Females, &c. Litt. Sect. 265. Women Par-
ceners make but one Heir, and have but one Free-
hold: But between themselves they have in Judg-
ment of Law ſeveral Freeholds, to many Purpoſes;
for one of them may infeoff the other of her Part;
and the Parcenary is not fevered by the Death of
any of them; but if one dies, her Part ſhall de-
ſcend to her Iffue, &c. 1 Inft. 164, 165. If one
Parcener make a Feoffment in Fee of her Part, this
is a Severance of the Coparcenary, and ſeveral
Writs of Pracipe fhall lie against the other Par-
ceners and the Feoffee. 1 Inft. 167. Though if two
Coparceners by Deed alien both their Parts to an-
other in Fee, rendring to them Two and their
Heirs a Rent out of the Land, they fhall have the
Rent in Courſe of Parcenary; because their Right
in the Land out of which the Rent is referved was
in Parcenary. Ibid. 160. If there be two Parceners,
and each of them taketh Husband, and have Iffue,
and the Wives die, the Parcenary is divided, and
here is a Partition in Law. Ibid. Partition of Lands
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they make Partition of the Manor, without men
tioning the Advowfon; the fame is ftill appendant,
and they may prefent by Turns. 8 Rep. 79. If two
Parceners be of an Advowfon, and they agree to
prefent by Turns, this is a good Partition as to the
Poffeffion; but it is not a Severance of the Eltate
of Inheritance. I Rep. 87. And where there are
Coparceners of an Advowfon, the Eldelt hath Pri-
vilege to prefent firft; not in refpe&t of her Per-
fon, but Eftate: And if one Parcener hath a Rent
granted to her upon a Partition made, to make her
Part equal with the other, fhe may diftrain for the
Arrears of fuch Rent of common Right; and fo
fhall the Grantee of the Rent, becauſe it is not an-
nexed to her Perfon only, but to her Estate.
3 Rep. 32. If there are two Parceners of a Manor,
and on Partition made, each of them hath De-
mefnes and Services allotted; in this Cafe each of
them is faid to have a Manor. 1 Leon. 26. Davis 61.
A Partition may not be of Franchiſes, as Goods of
Felons, Waifs, Eftrays, &c. which are cafual.
5 Rep. 3. Partition between Parceners may be made
four Ways, viz. First, when they themſelves divide
the Land equally into fo many Parts as there are
Parceners; and each chufes one Share or Part, the
Eldeft first, and fo the one after another, &c. Se-
condly, When they make Agreement to chufe cer-
tain Friends to make Divifion for them: Third'y,
Partition by drawing Lots, where having divided
the Lands into as many Parts as there are Parceners,
and written every Part in a diftin& Scroll, being
wrapt up they draw each of them one out of a
Hat,
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-
Hat, Bafon, &c. And Fourthly, Partition by. Writ | no Appearance entred in 15 Days; the Deman-
De Partitione facienda, which is by Compulfion,dant having entered his Declaration, the Court
where fome agree to Partition and others do not; may give Judgment by Default, and award a Writ
and when Judgment is given on a Writ of Partition,
it is that the Sheriff fhall go to the Lands, and by
the Oaths of twelve Men make Partition between
the Parties, to hold to them in Severalty, without
any Mention of Preference to the eldest Sifter, c.
Litt. 248. 1 Inft. 164. But if there be a Capital
Meffuage on the Land to be divided, the Sheriff
mutt allot that wholly to the eldest of the Parceners.
1 Inft. 165. The Partition made and delivered
by the Sheriff and Jurors, ought to be return'd
into the Court under the Seal of the Sheriff, and
the Seals of the twelve Jurors; for the Words
of the judicial Writ of Partition which doth com-
mand the Sheriff to make Partition are, Affumptis
tecum duodecim, &c. & Partitionem inde Scire facias
Fufticiariis, &c. fub figillo tuo & figillis eorum per quo-
rum Sacramentum Partitionem illam feceris, &c. If
Partition be made by Force of the King's Writ,
and Judgment thereof given, it fhall be binding
to all Parties, becauſe it is made by the Sheriff,
by the Oath of twelve Men, by Authority of Law;
and the Judgment is, that the Partition fhall re-
main firm and ftable for ever. 1 Inft. 171. In a
Writ of Partition, the Judgment was, Quod Partitio
fiat; and before it was executed by the Sheriff, a
Writ of Error was brought; and it was adjudged
that a Writ of Error doth not lie upon this firft
Judgment, becaufe this is not like other Actions,
where Error lies before the Habere facias Seifinam is
returned, and the Judgment is final; but it is not
fo in this Cafe, as there must be another Judgment;
i. e. Quod Partitio ftabilis maneat, which cannot be
till the Partition is made and returned by the She-
riff. Hetly 36. Dyer 67. Where two Perfons hold
Lands pro Indivifo, and one of them would have his
Part in Severalty, and the other refuſeth to make
Partition by Deed, there lies the Writ De Partitione
facienda against him who refufes, directed to the
Sheriff; and he must be prefent when the Partition
is made; and if it is objected before the Return
of the Writ, that he was not prefent, it may be
examined by the Court; but after the Writ is re-
turned and filed, is too late. Cra Eliz. 9. A Writ
of Partition was taken forth, and the Sheriff made
Partition, but was not upon the Land; and on
Motion that the Return might not be filed, but
that a new Writ might be awarded, becauſe the
Sheriff was not on the Land, the Court ftaid the
Filing, and on examining the Sheriff, ordered a
new Writ. Cro. Car. 9, 10. On Writ of Partition
to the Sheriff to make Partition of Lands, Part of
the Lands were allotted to one, and the Jury
would not affift the Sheriff to make Partition of
the other Part; which appearing upon the Re-
turn of the Writ, the Court was moved for an
Attachment against the Jury, and a new Writ to
the Sheriff. Godb. 265. Partition was brought by
Tenant in Fee of one Moiety, against Tenant for
Life of the other Moiety, on the Stat. 32 H. 8.
c. 32. And though it has been refolved, if Parti-
tion be made between one that hatb an Eftate of
Inheritance, and another who hath a particular
Eftate for Life; that the Writ ought to be fram'd
upon the Statute, and to be made fpecial, fetting
forth the particular Eftate: Yet it was held to be
good where the Writ was general. Goldsb. 84.
2 Lutw. 1015. A Partition may be made by Sta-
tute of any Eftate of Freehold, or for Term of
Years, &c. of Manors, Lands, Tenements and
Hereditaments whereof the Partition is demanded;
and if after Procefs of Pone return'd upon a Writ of
Partition, and Affidavit of Notice given of the
Writ to the Tenant to the Action, and a Copy left
with the Tenant in Poffeffion at least forty Days
before the Return of the faid Pone, &c. there be
to make Partition, whereby the Demandant's Part
or Purpart will be fet out feverally; which Writ
being executed, after eight Days Notice, and re-
turn'd, and thereupon final Judgment entered,
fhall conclude all Perfons, &c. But the Court
may fufpend or fet afide the Judgment, if the
Party concerned move the Court in a Year, and
fhew good Matter in Bar. Stat. 8 & 9 W. 3. c. 31.
And by this Statute, if the High Sheriff by Rea-
fon of Distance, &c. cannot be prefent at the Exe-
cution of any Judgment in Partition, then the
Under-Sheriff, in the Prefence of two Juftices of
Peace of the County, fhall proceed to the Execu
tion of the Writ, by_Inquifition, and the High
Sheriff is to make the Return, &c. Ibid. When the
Partition is made and returned, the Perfons who
were Tenants of the Lands or any Part thereof,
before divided, fhall continue Tenants of the
Lands they held, to the refpective Owners, under
fuch Conditions and Rents as before; And no Plea
in Abatement fhall be admitted or received in any
Suit of Partition; nor fhall the fame be abated
by the Death of any Tenant, c. Ibid.
Ibid. In a
Writ of Partition the Defendant pleaded, that he
himfelf formerly brought Writ of Partition against
the now Plaintiff, and had Judgment to have Par-
tition, and this was held a good Plea; but it was a
Queftion, whether it fhould be pleaded in Bar or
Abatement, or by Way of Eftoppel. Dyer 92. No
Damages can be recover'd on a Writ of Partition,
though the Writ and Declaration conclude ad Dam-
num. Hetl. 35. Noy 143. 2 Nelf. Abr. 1237. Where
Judgment for Debt is had againſt one Parcener, the
Lands, c. of both may be taken in Execution,
and the Moiety undivided is to be fold, and then
the Vendee will be Tenant in Common with the
other Coparcener: If the Sheriff feife only a Moiety
and fell it, the other Parcener will have a Right to a
Moiety of that Moiety. 1 Salk. 392. All Partitions
ought to be according to the Quality and true Va-
lue of the Lands, and be equal in Value: But if
Partition be made by Parceners of full Age, and un-
married, and Sane Memoria, it binds them for
although the Value be unequal, if it be made of
Lands in Fee; and if it be of Lands intailed, it ſhall
bind the Parties themſelves for their Lives, but not
their Iffues, unless it be equal: If it be unequal,
the Iffue of her, that hath the leffer Part, may after
her Deceafe difagree, and enter and occupy in Com-
mon with the Aunt: Alfo if any be covert, it fhall
bind the Husband, but not the Wife or her Heirs ;
or if any be within Age, it ſhall not bind the Infant,
but fhe may at her full Age difagree, c. 1 Inft. 166.
170. 2 Lill. Abr. 283. Though if a Wife after the
Coverture, or the Infant at her Age, accept of the
unequal Part, they are concluded for ever. 1 Inft.
170. And where there be two Coparceners, and one
of them hath feven Daughters, and dieth; if the
other Parcener releafeth to any one of the Daughters
her whole Part, here, altho' fhe to whom the Re-
leafe is made, have not an equal Part, the Releaſe
is good. Ibid. 193. It hath been adjudged, that not-
withſtanding a Partition is unequal, if it is by Writ,
it cannot be avoided; but if it be by Deed, it may
be avoided by Entry. 1 Inft. 171. If the Estate of
a Parcener be in Part evicted, that fhall defeat the
whole Partition; Partition implying a Warranty
and Condition in Law to enter upon the whole on
Eviction, as in Cafe of Exchange of Lands. 1 Inft.
173. 1 Rep. 87. And if after Partition, one of the
Parts is recovered from a Parcener by lawful Title,
fhe fhall compel the others to make a new Parti-
tion. Cro. Eliz. 902. But as to Eviction of Parceners,
if one of them fell her Part, and then the Part which
the other Parcener hath is evicted; in this Cafe fhe
ever,
that
I
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!
that loſeth her Part, cannot enter on the Alienee,
for by the Alienation the Privity is deftroyed. I Inft.
173. Among Parceners, a Partition upon the Land
may be good without Deed; but not amongst Join-
tenants, c. Dyer 29, 194.
G
Form of a common Writ of Partition.
Heirs, the faid, &c. To have and to hold, &c. to
the faid E. B. her Heirs and Affigns, in Severalty for ever.
And the faid C. B. and E. B. feverally and apart, and
not jointly, and for their feveral Heirs, Executors, Admi-
niftrators and Affigns, do feverally and apart, and not
jointly, Covenant, and Grant to, and with the faid A. B.
her Heirs and Aſigns, that she the faid A. B. her Heirs,
and Affigns, fhall and may from henceforth for ever here-
after, peaceably and quietly have, bold, occupy, poffefs and
EORGE the Second, &c. To the Sheriff of S. enjoy the faid Meffuage, &c. before allotted and granted
Greeting: If A. B. makes you fecure, &c. then for the Part of the faid A. B. free and diſcharged of and
Summon E. B. that she be before, &c. to fhew why, from all other Eftates, Rights, Titles, Interefts, Charges,
whereas the faid A. B. and E. B. together and undivided and Incumbrances whatsoever, had, made or suffered, or
bold the Manor of, &c. with the Appurtenances, Twen- bereafter to be had, made or fuffered, of, or by the faid
ty Meffuages, one Mill, one Dove houfe, twenty Gar- C. B. and E. B. or either of them, their or either of their
dens, three hundred Acres of Land, two hundred Acres of Heirs or Affigns; and that without any Let, Hindrance, In-
Meadow, a hundred and fifty Acres of Pasture, one bun-terruption or Denial of them the faid C. B. and E. B. or ei-
dred Acres of Wood, two hundred Acres of Furze and ther of them, their or either of their Heirs or Afſigns, or of any
Heath, and twenty Shillings Rent, with the Appurtenan- Perfon or Perfons lawfully claiming by, from, or under them
ces of the Inheritance which was of N. B. Father of the or any of them. And the faid A. B. and E. B. feverally and
faid A. E. and E. B. whofe Heirs they are, in, &c. the apart, &c. Covenant and grant, to and with the faid C. B.
Jaid E. B. Partition thereof to be made between them, &c. (The like Covenant from A. B. and E. B. that C. B.
according to the Law and Custom of England, doth de- fhall enjoy her Part; and from A. B. and C. B. that E. B.
ny, and unjustly will not permit that to be done, as it is fhall hold her Proportion; and likewife a Covenant may be
faid: And have you there the Summons, and this Writ. added for further Alfurance.) In Witnefs, &c.
Witness, &c.
Form of a Deed of Partition of Lands among Par- vided. Lit. 56.
T
ceners.
HIS Indenture tripartite, made, &c. Between
A. B. of, &c. of the first Part, C. B. of, &c. of
the fecond Part, and E. B. of, &c. of the third Part:
Whereas T. B. of, &c. Father of the faid A. B. and
C. B. &c. being feifed in his Demefne as of Fee, of and
in all thofe Mefuages or Tenements, &c. fituate, lying
and being in, &c. is dead, without any Heir Male of his
Body lawfully begotten, or making any Difpofition of the
faid Premiffes, whereby all and fingular the faid Mef-
fuages, &c. are defcended and come unto the faid A. B.
C.B. and E. B. Now this Indenture witneffeth, That
the faid A. B. C. B. and E. B. Have agreed to make
Partition, and by thefe Prefents do make a full, perfect
and abfolute Partition of the faid Meffuages, &c. to and
amongst them the faid A. B. C. B. and E. B. in three
Parts, in Manner following, (that is to fay) That fhe
the faid A. B. ber Heirs and Affigns, shall have, hold
and enjoy, To the only proper Ufe and Behoof of the faid
A. B. her Heirs and Affigns for ever, All that Meffuage
called, &c. for the full Part, Share and Proportion of her
the faid A. B. of and in all and every the Meffuages, Te-
nements, Lands and Premiſſes above-mentioned, defcended
to them the faid A. B. C. B. and E. B. as aforefaid; and
that the faid C. B. ber Heirs and Effigns, fhall have,
hold, and enjoy, to the only proper Ufe and Behoof of the
faid C. B. her Heirs and Affigns for ever, All that other
Meffuage, &c. for the full Part and Proportion of her the
faid C. B. of and in, &c. And that the faid E. B. ber
Heirs and Affigns, fball have, bold and enjoy, &c. for
the full Part and Share of her the faid E. B. &c. And
the faid C. B. and E. B. do by thefe Prefents grant, re-
leafe and confirm to the faid A. B. and her Heirs, the faid
Meffuage called, &c. above-mentioned, and all the Eftate,
Right, Title and Intereft, which they the faid C. B. and
E. B. or either of them, have or bath, or may or ought to
have, of, in, and to the faid Meffuage, &c. To have
and to hold the faid Meffuage and Premiffes, with the
Appurtenances, to the faid A. B. her Heirs and Affigns, to
the only Ufe and Behoof of the faid A. B. her Heirs and Af-
figns, in Severalty for ever. And the faid A. B. and E. B.
do by these Prefents grant, release, and confirm to the faid
C. B. and her Heirs, the faid other Meſſuage, &c. And all
the Eftate, &c. To have and to hold the faid, &c.
to the faid C. B. her Heirs and Affigns, to the only Ufe,
&c. of the faid C. B. her Heirs and Affigns, in Severalty
for ever. And the faid A. B. and C. B. do by thefe Pre-
Sents grant, release and confirm to the faid E. B. and her
Parcenary, Is the holding of Lands jointly by
Parceners, when the common Inheritance is not di-
Parchment, A Tax of 201. per Cent. is laid on
Parchment, Paper, &c. by Stat. 8&9 W. 3. cap. 7.
a
Parco fraão, Is a Writ that lies against him who
violently breaks a Pound and takes our Beafts
from thence, which for fome Trefpafs done, &c.
were lawfully impounded. Reg. Orig. 166. And if
Perfon hath Authority to take Beafts out of the
Pound; if he break the Pound, before he demands
the Cattle of the Keeper thereof, and he refufeth,
or interrupts him in the taking of them, &c. the
Writ Parco facto lies. Dr. and Stud. 112. Damages
are recoverable in this Writ; and the Party may
be punished, as for a Pound Breach in the Court
Lee. i Inft. 47. F. N. B. 100. The Word Parcus
was frequently ufed for a Pound to confine trefpaf
fing or traying Cattle; whence Imparcare to im-
pound, Imparcatio Pounding, and Imparcamentum,
Right of Pounding, &c.
Pardon, (Pardonatio, Fr. Perdonatio) Is the for-
giving an Offence against the King: It is a Work
of Mercy, whereby the King, either before Con-
viction or Attainder, or afterwards, forgiveth any
Crime, Offence, Punishment, Execution, &c. And
the King may extend his Mercy upon what Terms
he plcafes; and annex Conditions to his Pardon, on
the Performance whereof the Validity of the Par-
don will depend; as upon Condition of Transporta-
tion, &c. 3 Inft. 233. 1 Inft. 274. Pardons of Crimes
and Tranfgreffions against the King and the Laws,
are Ex gratia Regis, or of Course; the First is that
which the King, in fome special Regard of the
Perfon or other Circumftance, gives by his abfolute
Prerogative or Power; yet where fome Things are
required for its Allowance by the Common Law and
by Statute; and the other is that which he granteth,
as Law and Equity perfuade for a light Offence,
where a Perfon is convict of Homicide cafual and
excufable. S. P. C. 47. H. P. C. 3S. Weft. Symb.
par. 2. Sect. 46. And Pardons of Grace are either Ge-
neral, by Act of Parliament or Charter of the King;
or Particular, at the Coronation or any other Time,
when any Offence is committed, &c. 2 Inft. 200. 3
Inft. 233. H. P. C. 250. A general Pardon doth dif
charge, not only the Punishment which was to have
been inflicted upon the Perfon that did commit the
Offence pardon'd; but alfo the Guilt of the Offence
itself: It pardons Culpa fo clearly, that in the Eye
of the Law the Offender is as innocent as if he never
had committed the Crime. 2 Lill. Abr. 270. And
7 B
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the Pardon of a Treafon or Felony, even after a Con-
viction or Attainder, fo far clears the Party from
the Infamy, that he may have an Action for a
Scandal in calling him Traitor or Felon, after the
Time of the Pardon; and he may be a good Witnefs.
notwithstanding the Attainder or Conviction, be-
caufe the Pardon makes him a new Man, and gives
him a new Capacity and Credit. 2 Hawk. P. C. 395.
Alfo a Conviction of Felony, and Burning in the
Hand, has in fome Cafes the Effect of a Pardon; for
by this the Party is cleared of his Offence, and beders, Robberies, &c. Non Obftante the Statute 13 R.
comes a lawful Witness: But it feems to be the bet
ter Opinion, that the Pardon of a Conviction of Per-
jury doth not fo restore the Party to his Credit, as
to make him a good Witnefs. Ibid. A Conviction of
Barretry renders a Man infamous, and incapable of
being a Witnefs; but a general Pardon will reftore
him: And according to Helt, Ch. Juft. the Dif-the King's Pardon, which was for the Murder by
ference between the King's Special Pardon and a
General Pardon is this; wherever the Disability is
Part of the Judgment by Act of Parliament, as in a
Conviction of Perjury upon the Statute, there the
King's Special Pardon cannot remove that Difability,
but a General Pardon may; but where the Difabi-
lity is by the Common Law, and only confequential
to the Conviction, and no Part of the Judgment, into pardon an Indictment for Murder, which is his
that Cafe the King's Pardon will take it away. 2 Salk.
513. 3 Salk. 264. The King may by Pardon re-
tore a Perfon attainted of Treafon or Felony, to
his Lands, &c. But full Reftitution of the whole
Blood cannot be made by him, which must be by
Parliament. The King's Pardon reftores the Blood
as to all Iffue begotten afterwards; If a Man be
tainted of Treafon, &c. and the King pardons him,
after which he purchaſes Lands and marries, and
hath Iffue and dies, this Iffue fhall inherit; for by
his Pardon he is well reftored, and is thereby enabled
to purchase, &c. Dalif. 14. The Words Pardonavit,
Remifit & Relaxavit, in a Charter of Pardon granted
to one for Felony, doth not reftore unto him what
he hath forfeited to the King; there must be the
Word Reftituit in the Pardon, to restore him to the
Goods, &c. 2 Lill. Abr. 270. No Pardon by the
King, without exprefs Words of Reftitution, fhall
devet the King or a Subject of an Intereft in Lands
or Goods, veſted in them by an Attainder or Con-
viction precedent; but a Pardon prior to a Convic-
tion, will prevent any Forfeiture of Lands or Goods.
5. Rep. 10.
2 Hawk. P. C. 306. The Power of Par-
doning all Offences is infeparably incident to the
Crown by our Common Law: Though the King's
Power of Pardoning is reftrained by Statute in Cafes
of Murder; and where an Appeal may be brought
at the Suit of the Subject, by the Laws of England a
Murderer could never be pardoned. Show. 284. 2 Inft.
316. 5 Rep. 50. In Appeals of Death, of Rape,
Robbery, &c. the King cannot pardon, The King
may pardon Crimes, Punishments and Forfeitures,
and. in Forgery, the corporal Puniſhment; but the
Plaintiff cannot releaſe it. 3 Inft. 171. An Offence
Malum in fe cannot be pardoned before committed.
Finch 234 A Pardon of Murder, &c. fhall not be
allowed without Writ of Allowance directed to the
Juftices. Raym. 13. The King on granting thefe
Pardons, fpeaks with or hath a Certificate from the
Judges, where they think the Cafe deferves Mercy.
Fenk. Cent. 173. In Cafe of Treafon, a Pardon fhall
be admitted without Writ of Allowance; though
not of Felony. Cro. Eliz. 814. And by our Statutes,
no Charter of Pardon is to be granted for Murder,
only where one killeth another in his own Defence,
or by Mifadventure. 2 Ed. 3. c. 2. Alfo no Pardon
of the Death of a Man, or other Felony, is to be
granted but where the King may do it confiftent.
with his Coronation-Oath. 14 Ed. 3. c. 15. Pardons
which have not in them, the Suggeftion, whereupon
they are granted, and alfo the Suggeftor's Name,
Sr. fhall be void. 27 Ed. 3. c. I. The Offence is to
be particularly fpecified in Pardons; no Pardon of
Treafon or Felony fhall pafs, without Warrant of
the Privy Seal; and if the Offence is found wilful
Murder, the Pardon fhall not be allowed. 13 R. 2.
1. and 16 R. 2. c. 9. And Perfous pardon'd of
Felony, are to enter into a Recognizance with two
fufficient Sureties for Good Behaviour for ſeven
Years, &c. 5 & 6·W. & M. c. 13. A Man was in-
dicted for Murder and Robbery, which he confef-
fed, and produced his Pardon, which was of all Mur-
2. But the Court would not allow it; for after the
faid Statute a general Non Obftante would not do,
without a Recital of the Effect of the Indictment,
that it may appear the King was apprifed of the
Fact. Sid. 366. 2 Nelf. Abr. 1233. One Parfons be-
ing attainted for the Murder of Mr. Wade, pleaded
exprefs Words, without any Non Obftante, that be-
ing taken away by the Statute 1 W. M. And he
produced the Writ of Allowance, certifying that he
had found Sureties for the Peace, &. On its being
objected against the Allowance of the Pardon, that
the Crime could not be pardoned by Law: It was
held, that there was as good Reafon for the King
Suit; as for the Party to difcharge an Appeal for
the fame Crime, which is the Suit of the Subject;
and that the King was by his Coronation. Oath, to
fhew Mercy as well as to do Juftice: That the Sta-
tute 2 Ed. 3. did not prohibit the Pardoning Mur-
der, it only meant that the King fhould be fully
at-informed before he pardoned any Felony; for before
the Statute of Gloucester, c. 9. it was ufual for Cri-
minals of this Nature to apply to the Lord Chan-
cellor, and by falfe Suggestions procure Pardons with
general Words in them; and this was the Occafion
of thefe reftrictive Statutes, that Application should
be made to the King in Perfon, to the Intent he
himself might be apprifed of the Matter: 'Tis true,
by the Statute 13 R. 2. great Difficulties were pur
upon Suitors for a Pardon of Murder; they were to
incur a Penalty, &c. but by the Statute 16 R. 2.
this was repealed, which fhews that there is a Ne-
ceffity that the King fhould have Power to Pardon;
and the Pardon was allowed. Hill. 3 W. & M. B. R.
2 Salk. 499, 4 Mod. 63. It was moved in the Court
of B. R. Hill. Ann. That Foxworthy, who was par
don'd for the Murder of a Perfon who came in Aid
of a Conftable to arrest him, might be charged with.
an Action in the Cuftody of the Marfhal; but for
that, if he could not pay the Debt or find Bail, the
Pardon might be fruftrated thereby, it was refufed::
In this. Cafe it was agreed, That if after the
Allowance of the Pardon he had broke the Peace,
he might, notwithſtanding his Pardon, be detain-
ed for that Offence; and be brought up again
and ask'd what he had to fay why Sentence should
not pafs; and if he pleaded the Pardon, the Attor
ney General would reply the Condition and Breach,
4.
c. Farel. Rep. 153. To arreft a Felon after Par-
don is not penal, if the Party arrefting knew it not,
becaufe, it is an A&t of Justice: And the Breach of
the Peace may be a Forfeiture of a Pardon of Fe-
lony, that is Conditional. Hob. 67, S2 Moor, ca. 662.
The King pardons no Treafons by Implications; but
by Special Words of Pardon. Hutt. 21. In Sir Wal
ter Raleigh's Cafe it was adjudged, That the King's
Grant of a military Command to a Perfon attainted
of High Treafon, and in his Commiffion called his
True and Loyal Subject, and having thereby judi-
cial Power given him over the Lives of others, did
not amount to a Pardon of Treafon, because every
Pardon of Treafon requires an exprefs Mention of
it; and if the Offence had been but Felony, it could
not have been pardoned after the Attainder, without
exprefs Mention made both of the Felony and the
l'Artainder. 2 Hawk. P. C. 388. A Man commits
Felony
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Felony, and is attainted thereof, and abjured for the tain the Office, because they are abfolutely dif
fame; the King pardoneth him the Felony, without abled by Statute 2 Hawk: 395. But where one,
mentioning the Attainder or Abjuration, the Pardon who was Judge of the Prerogative Court, was fen-
is void. 3 Inft. 238. Pardon of all Felonies doth not tenced for Bribery, &c. and fined and imprisoned,
extend to Piracy; for it cannot be extended beyond and another obtained his Office; he afterwards
the Words of it. And a Pardon of all Felonies is brought an Affife for the faid Office, and produced
no Bar to Execution, where a Felon is attainted; the King's Pardon after Sentence, wherein all the
nor will a Pardon of all Attainders, or Executions, Special Matter was recited, and all Penalties and
pardon the Felony. 1 Inft. 391. 3 Inft. 15, 233. Punishments by Reafon thercof, and all Difabilities
2 Hawk, 384. But a Pardon of all Mifprifions, were pardoned: Adjudged, that the Pardon had taken
Trefpaffes and Offences, &c. will pardon any Crime away the Force of the Sentence, and that he
which is not Capital; here the Word Offences is might proceed in the Affife. Cro. Car. 40. A Gene-
very extenſive; And a Perfon convicted of a Pre-ral Pardon by Parliament fhall fet afide a Judgment
munire, obtained a Pardon in thefe Words, Pardona- for a Crime; and relate to the firft Day of the
mus omnes & fingulas Tranfgreffiones, Offenfiones & Con- Parliament. Latch 22. 2 Nelf. Abr. 1227. And a
temptus; and it was adjudged, that the Pramunire General Pardon doth pardon publick Offences, done
was pardoned. 1 Mod. 102. 2 Bult. 299. If a Gene- against the Commonwealth, but not private Inju-
ral A&t of Pardon be of all Felonies, Offences, In-ries to particular Perfons: It fhall be taken Bene-
juries, Mifdemeanors, and other Things done be-ficially for the Subject, and moft ftrongly againſt
fore fuch a Day, and a Perfon has a Wound given the King. 5 Rep. 49. 2 Lill. Abr. 271. A General
before the Day, though he dies not till after the Pardon by A&t of Parliament, 'tis faid, ought to be
Day mentioned in the Pardon; as the Stroke which taken Notice of by the Court; but if it hath Ex-
was the Caufe of his Death is pardoned, all the Efceptions of Offences or Perfons, the Court cannot
fects of it are pardoned. Read. on Stat. Vol. 4. pag. take Notice of it, nor can the Party have Benefit
327. And all Contempts being pardon'd, Amercia- thereof unless he pleads it, and fhews' that he is
ments, &c. depending upon them, are of Confe- none of the Perfons, &c. excepted. 3 Inst. 233.
quence pardoned. 5 Rep. 49. A General Pardon of 1 Lev. 25. He that will take the Benefit of a gene-
all Felonies, &c. except Murder, will pardon a Feloral Pardon, is to plead the Statute by which it is
de fe. 1 Lev. 8. By the Pardon of Murder, Man-granted, that the Court may judge whether his Of
flaughter is pardoned. Finch 21. In fome Cafes, fence is pardoned or not, which they cannot do if
the Felony of one Man may be fo far dependant the Pardon be not pleaded, and the Party do not
upon that of another, that a Pardon of it may fhew that he is compriſed in the Pardon. 2 Lill. Abr.
enure to his Benefit; as where the Principal plead- 268. Sometimes Advantage is given to Offenders
ed his Pardon,`and was allowed it at Common Law, by the Act it felf without pleading: And it hath
before Attainder, this extended to the Acceffary; been held, where a Statute Pardon contains Excep-
and where he pleads, and is allow'd it, at this Day, tions in the Body of the A&t, he who pleads fuch
before his Conviction, 'tis faid the Acceffary may Statute, to intitle himself to the Benefit thereof,
take the Benefit of it. 2 Hawk. P. C. 387. If a muft aver himself not
must aver himſelf not to be a Perfon excepted
Man be bound to the King, as Surety for another, but when the Exception follows in a diftin& Clauſe,
for the Payment of a Fine, or other Debt due to by Way of Provifo, he needs not.
I Ventr. 134:
the Crown; the Pardon of the Principal is a Dif3 Salk. 266. A Charter of Pardon of the King un-
charge of the Surety. Ibid. A. bound in a Recog-der the Great Seal, cannot be allowed unleſs it be
nifance of 1000l. to the King, is attainted of Trea- pleaded; and he who pleads fuch a Pardon, ought to
fon, and the King pardons him, and reftores to him produce it fub pede Sigilli: And it will be Error to
all his Chattels, &c. This Debt to the King res allow a Man the Benefit of it, if it be not pleaded.
mains. Dyer. 124. An outlawed Perfon was falfly H. P. C. 250. If there be Variance between the
returned upon the Exigent, and afterwards the Record on which a Man is convicted or attainted,
Sheriff obtained the King's Charter of Pardon of all and his Charter of Pardon; if there be no Repug-
Mifprifions, Offences, &c. but yet the Judge's fined nancy that the fame Perfon or Thing are meant in
him for his falle Reiurn, and upon an Attacliment both, it may be fupplied by proper Averments; aš
i
he was taken in Execution: He then fued a ſpecial that he is the Perfon intended in the Indictment,
Writ on the Pardon, in Nature of an Audita Que and the' Pardon, &c. And there are fome Inftances
rela, and was difcharged. Fenk. Cent. 109: If an In-in the old Books, where upon fuch Variance the
formen begins his Suit, before the Offender obtains Court took an Enquiry of Office, whether the fame
a Pardon, he ſhall have his Part, tho' that of the Perfon was meant in both Records: Alfo if fuch
King is difcharged: Tis otherwife if the Pardon variant Pardon be pleaded without any Averment,
comes before the Suit of the Informer. Ibid: 111 the Court may give a farther Day either for the
A. Pardon may be of all Suits in the Spiritual Court Party to perfe&t his Plea, or to purchaſe a better
pro falute Anime, as well before as after a Suit com- Pardon. 2 Hawk. 398. Pardon for Treafon cannot
menced: Not where the Party hath a Property in regularly be pleaded, until the Prifoner is charged
the Thing, as for Tithes, Legacies, &c. which the with Indictment for the Offence committed. 4 Rap.
King cannot pardon. 5 Rep. 51. Although the Suit 43. The Acceptance of a Pardon is an Argument
in the Spiritual Court be for the King, which he of Guilt; and he that pleads. it, confeffeth the
may pardon; when Sentence is given in a Caufe of Fact: But a Perfon may wave it, if it be not a ge-
Defamation, &c. and Cofts are taxed for the neral Pardon by Parliament, which cannot be
Plaintiff, he hath thereby a particular Interest in waved. 4 Inft. 235. If a Peer hath a Pardon, he
them by the Sentence, which the King cannot par-muft plead it before the Judges of the Court where
don: Though if the Pardon had been before Sen- he is indicted. Wood's Inft. 613. And if one have a
tence, it had diſcharged all. Ibid: Where a General Charter of Pardon of Felony, the Court will allow
Pardon pleaded in the Spiritual Court would not it upon the Prayer of the Party, and on his pro-
be allowed there; the Party had a Prohibition. ducing it at the Bar; for if he pray not the Al.
Moor 1171. Notwithstanding the King's Pardon to lowance of it, the Court cannot tell whether he
a Simonift, coming into a Church contrary to the accepts of the Benefit thereof; and he is to do it
Stat3 Ed. 6. or to an Officer coming into his Of- upon his Knees, to exprefs his Thankfulness for the
fice by corrupt Contract, contrary to 5 & 6 Ed. 6. Mercy afforded him by the Pardon. 2 Lill. Abr. 271.
may fave fuch Clerk or Officer, from any criminal Gloves are due to the Judges on Allowance of a
Profecution thereupon; yet it fhall not inable the Pardon. Pult. SS.
Clerk to hold the Church, nor the Officer to re-
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General Acts of Pardon. In the 5th and 13th (Parentibus abjuratis moriatur, vel occidatur, nihil ad
Years of the Reign of Queen Elizabeth; and alfo eum de hæreditate vel compofitione pertineat, &c.
21 Fac. 1. General Pardons were granted, which were Parish, (Parochia) Did antiently fignify what we
very extenfive and beneficial to the Subject. By now call the Dioceſe of a Bishop: But at this Day it
Stat. 12 Car. 2. a General Pardon was granted to Per- is the Circuit of Ground in which the People that
fons concerned in the Grand Rebellion against belong to one Church do inhabit, and the particu-
King Charles 1. except those who fat in the traite-lar Charge of a Secular Prieft. This Realm was
rous Affembly which proceeded against the King's first divided into Pariſhes by Honorius, Archbishop of
Life; and the two Perfons that appeared difguifed Canterbury, in the Year of our Lord 636. according
on the Scaffold at the King's Murder, &c. The to Camden, who reckons 9284 Parishes in England,
25 Car. 2. c. 5. likewife granted a General Pardon. but other Authors differ in the Number. Camd.
By 2 W. & M. Seſſ. 1. c. 10. A General Pardon was Britan. pag. 160. It is faid that Parishes were or-
granted on Account of the Revolution and Abdica- dained by the Lateran Council; before which every
tion of King James 2. Treafons against the King Man being obliged to pay Tithes to a Prieſt, had
and Queen's Perfons, Murders, &c. excepted; his Liberty to pay them to what Prieft he pleafed;
and there was an Exception of the Marquefs of but then came the Council which made the Parishes,
Powys, the Lord Bishop of Durham, the Lord Jef and decreed, that every Perfon fhould pay his
feries, &c. The Stat. 67 W. 3. c. 20. was made Tithes to his Parish Prieft. Hób. 296. 2 Lill. Abr.
for a general and free Pardon. And by 7 Ann. c. 23. 271. The Lord Chief Juftice Holt held, That Pa-
was granted the Queen's moft Gracions, General rifbes were inftituted for the Eafe and Benefit of the
and Free Pardon; Treafon, Murder, &c. and Per- People, and not of the Parfon; and the Reafon
fons employed in the Service of the Pretender ex- why Parishioners must come to their Parish Churches,
cepted. By the 3 Geo. I. c. 19. a General and Free is, becauſe he having charged himſelf with the
Pardon was granted of Crimes and Offences; and Cure of their Souls, that he may be enabled to
out of this Act were excepted Murders, Piracies, take Care of that Charge. 3 Salk. 88, 89. A Pa-
Burglaries, Rapes, &c. and all fuch Perfons as rifh may comprife many Vills; but generally it fhall
were in the Service of the Pretender, and levied not be accounted to contain more than one, except
War against his Majefty in the late Rebellion; the contrary be fhewed, becauſe moft Parishes have
alfo Robert Earl of Oxford, Simon Lord Harcourt, but one Vill within them. Hill. 23 Car. I.
Matthew Prior, Thomas Harley, and Arthur Moor, And it fhall not be intended that there is more
E'qrs. and fuch who were impeached by Parliament. than one Parish in a City, if it be not made to ap-
And the 7 Geo. 1. c. 29. granted a moft gracious, ge- pear; for fome Cities have but one Parish. Ibid.
neral and free Pardon, without the Exception of the Where there are feveral Vills in a Parif, they
Perfons above named, fo that it extended to thofe may have Peace-Officers, and Overfeers of the
Gentlemen; and the late Directors of the South Sea Poor for every particular Vill: And an antient
Company for their Conduct in the Year 1720. were Vill in a Parish, that Time our of Mind hath had a
excepted out of this Statute. See the Stat. 2 Geo. 2. Church of its own, and Church-wardens and Pa-
rochial Rights, being reputed a Parish, is a Parish
within the Stat. 43 Eliz. c. 2. to provide for its own
Poor, and fhall not pay to the Poor of the Parif
wherein it lies. Cro. Car. 92, 384, 396. But to
make a Vill a reputed Parish within 43 Eliz. it
muft have a parochial Chapel, Chapel-wardens
and Sacraments at the Time that Statute was made.
2 Salk. 501. Parishes in Reputation are within that
Statute, efpecially when it has been the conftant
Ufage of fuch Parishes to chufe their own Over-
feers; who may diftrain for a Poor Tax, &c. 2 Roll.
Rep. 160. 2 Nelf. Abr. 1235. Money given by Will
to a Parish, fhall be to the Poor of the Parish, as
adjudg'd in Equity. Chanc. Rep. 134. If a Highway
Patent, (Parens) A Father or Mother; but ge- lie in a Parish, the Parish is obliged to repair the
nerally applied to the Father. Parents have Power fame; and it is the moft convenient and equal for
over their Children by the Law of Nature, and the Parishioners in every Parish, to repair the
the Divine Law; and by thofe Laws they muft Ways within it, if they are able to do it.
2 Lill.
educate, maintain and defend their Children. 272. And if any Vill, Liberty, &c. that uſes to
Wood's Inft. 63.
The Parent or Father bath an In- repair their own Highways, fhall, after the ufual
tereft in the Profits of the Childrens Labour while Rate levied and employed, find the Ways not fuf-
they are under Age, if they live with and arc ficiently repaired; the whole Parish may be order-
maintained by him: But the Father hath no In-ed by Juftices of Peace in their Seffions to contri-
tereft in the Estate Real or Perfonal of a Child, bute to the Repairing thereof. Stat. 7 & 8 W. 3.
otherwife than as his Guardian. Ibid. The eldeft cap. 29.
Son is Heir to his Father's Eftate; and if there are
no Sons, but Daughters, the Daughters fhall be
Heirs, &c. And there being a reciprocal Intereft
in each other, Parents and Children may maintain
the Suits of each other, and juſtify the Defence of
cach other's Perſons. 2 Inft. 564.
c. 20.
Pardons by Statute on Difcovery of Accomplices
in Crimes, are granted in the following Cafes.
For the Diſcovery of Highwaymen, &c. 4 & 5 W.
& M. 11 W. 3. for difcovering Counterfeiters of
the Coin, 6 & 7 W. 3. for the Diſcovery of Perfons
guilty of Burglary, &c. 5 Ann. for diſcovering of
Offenders in forcibly hindering or wounding any
Officer of the Customs in the Execution of his Of
fice, 6 Geo. 1. and for Difcovery of Smuglers of the
Cuftoms, &c. 7 Geo, I.
Dardoners, Were Perfons that carried about the
Pope's Indulgences, and fold them to any that would
buy them. Stat. 22 H. 8.
7
•
Parish Clerk. In every Parifh the Parfon, Vi-
car, &c. hath a Parish Clerk under him, who is the
lowest Officer of the Church. Thefe were formerly
Clerks in Orders, and their Bufineſs at firſt was to
officiate at the Altar, for which they have a compe-
tent Maintenance by Offerings; but now they are
Parentale, or de Parentela fe tollere, Signified to Laymen, and have certain Fees with the Parfon,
renounce his Kindred or Family, which was done on Chriftnings, Marriages, Burials, &c. beſides Wa-
in open Court before the Judge, and in the Pre-ges for their Maintenance. Count. Parf. Compan. 83,
fence of twelve Men, who made Oath that they 84. They are to be twenty Years of Age at least,
believed it was done for juft Cauſe: We read of and known to be of honeft Converfation, fufficient
it in the Laws of K. Hen, 1. c. 88.- -Si quis prop- for thir Reading, Singing, &c. And their Bufi-
ter Faidam vel caufam aliquam de Parentela fe velit
tollere & eam foris Furaverit, & de focietate & hæredi-
tate & tota illius ratione fe feparet, fi poftea aliquis a
nefs confifts chiefly in Refponfes to the Minifter,
Reading of Leffons, Singing of Pfalms, &c. And
in the large Parishes of London, they have fome of
them
I
PA
PA
1
them Deputies under them for the Diſpatch of the
Bufincfs of their Places, which are more gainful
than common_Rectories. Ibid. The Law looks up-
on them as Officers for Life: And they are chofen
by the Minister of the Parish, unless there is a Cu-
ftom for the Parishioners or Church-wardens to
chufe them; in which Cafe the Canon cannot ab-
rogate fuch Custom; and when chofen it is to be
fignified, and they are to be fworn into their Office
by the Archdeacon. Cro. Car. 589. Can. 91.
Parishioner, (Parochianus) Is an Inhabitant of or be-
longing to any Parish, lawfully fettled therein. See Poor.
Parish Offices, Divers Perfons are exempted
from ferving in Parish Offices on Account of their
Profeffions, viz. Phyficians and Surgeons, Apothe-
caries, Diffenting Teachers, Registered Scamen,
and Perfons having profecuted any Felon to Con-
viction, &c. Stat. 32 H. S. 1 W. & M. 7 & 8 &
10 11 W. 3. 1 & 10 Ann. Esc.
Park, (Lat. Parcus, Fr. Parque, i. e. locus inclufus)
Is a large Quantity of Ground inclofed and privi-
leged for wild Beafts of Chale, by the King's Grant
or Prefcription. I Inft. 233. Manwood defines a
Park to be a Place of Privilege for Beafts of Vena-
ry, and of other wild Beasts of the Foreft and of the
Chafe, tam Sylveftres, quam Campeftres; and differs
from a Chafe or Warren, in that it must be inclo- |
fed, and may not lie open; if it do, it is good Caufe
of Seifure into the King's Hands as a Thing forfeit
ed; as a Free Chafe is, if it be inclofed; befides,
the Owner cannot have an Action against fuch as
hunt in his Park, if it lies open. Manw. Foreft Laws.
Crompt. Jurifd. 148. No Man can now erect a Park,
without a Licence under the Broad Seal; for the
Common Law does not encourage Matters of Plea-
fure, which bring no Profit to the Commonweath,
Wood's Inft. 207. But there may be a Park in Repu-
tation, erected without lawful Warrant; and the
Owner of fuch a Park may bring his Action against
Perfons killing his Deer. Ibid. To a Park three
Things are required, 1. A Grant thereof. 2. In-
cloſures by Pale, Wall or Hedge. 3. Beafts of a
Park, fuch as the Buck, Doe, &c. And where all
the Deer are deſtroyed, it ſhall no more be accoun-
ted a Park; for a Park confiſts of Vert, Veniſon and
Incloſure, and if it is determined in any of them,
it is a total Difparking. Cro. Car. 59, 60. And the
King may by Letters Patent diffolve his Park, 2 Lill.
Abr. 273. Parks as well as Chafes are fubject to the
Common Law, and are not to be governed by the
Forest Laws. 4 Inft. 314. Pulling down Park Walls
or Pales, the Offenders fhall be liable to the fame
Penalty as for killing Deer, &c. by Stat. and the Sta-
tutes against Deer-ſtealing, are the 13 Car. 2. c. 10. 3
& 4. W. & M. c, 10. 5 G. 1. c. 15, &c. See Deer-stealers.
Dark-bote, Signifies to be quit of inclofing a
Park, or any Part thereof. 4 Inft. 308.
=
every one of them should hold their Lands of him
in Capite, the Chief of theſe were called Barons ;
who it is faid thrice every Year affembled at the
King's Court, viz. at Christmas, Eafter, and Whitfun-
tide, among whom the King was wont to come in
his Royal Robes, to confult about the Publick Af-
fairs of the Kingdom. This King called feveral
Parliaments, wherein it appears, that the Freemen
or Commons of England were allo there, and had a
Share in making of Laws: He by fettling the Court
of Parliament fo cftabliſhed his Throne, that nei-
their Britain, Dane, nor Saxon, could diſturb his
Tranquility; the making of his Laws were. by A&
of Parliament, and the Accord between Stephen and
him was made by Parliament; though all the Times.
fince have not kept the fame Form of affembling
the States. Dodderidge's Antiq. Parliament. And ac-
cording to the fame Author, there was a Parliament
before there were any Barons; and if the Com-
mons do not appear, there can be no Parliament ;
for the Knights, Citizens and Burgeffes, repreſent
the whole Commons of England, but the Peers on-
ly are prefent for themfelves, and none others.
Ibid. Sir Edward Coke affirms, that divers Parlia-
ments were held before the Conqueft; and produces
an Inftance of one held in the Reign of King
Alfred: He likewife gives us a Conclufion of a Par-
liament holden by King Athelflan, where Mention
is made, that all Things were enacted in the great
Synod or Council at Grately, whereat was Arch-
bishop Wolfhelme, with all the Noblemen and Wife-
men, which the King called together. 1 Inft. 110.
It is apparent, (fays Mr. Pryn) from all the Prece-
dents before the Time of the Conqueft, that our
priftine Synods and Councils were nothing elſe but
Parliaments; that our Kings, Nobles, Senators,
Aldermen, Wifemen, Knights and Commons, were
prefent and voting in them as Members and Judges:
And Sir Henry Spelman, Camden, and other Writers,
prove the Commons to be a Part of the Parliament
in the Time of the Saxons, but not by that Name,
or elected as confifting of Knights, Citizens and
Burgeffes. Pryn's Sovereign Pow. Parliam.
the Original of the prefent Houfe of Commons,
our Authors of Antiquity vary very much; many
are of Opinion that the Commons began not to be
admitted as Part of the Parliament, upon the Foot-
ing they are now, until the 49 H. 3. And the Rea-
fon for it is, becauſe the firt Writ of Summons of
any Knights, Citizens and Burgeffes, is of no an-
tienter Date than that Time. But the great Char-
ter in the 17th Year of King John, (about which
Time the Diftin&tion of Barones Majores and Mino-
res is fuppofed to begin) was made per Regem, Ba-
rones & Liberos Homines totius Regni. Mr. Selden fays,
that the Borough of St. Albans claimed by Pre-
fcription in the Parliament, 8 Edw. 2. to fend two
Darle Hill, The learned Spelman gives us this Burgeffes to all Parliaments, as in the Reigns of
Description of it; it is (fays he) Collis vallo plerun- Edw. 1. and his Progenitors, which must be the
que munitus, in loco campeftri, ne infidiis exponatur, ubi Time of King John; and fo before the Reign of
convenire olim folebant Centuriæ aut Vicinia incolæ ad lites King Hen. 3. And in the Reign of Hen. 5. it was dc-
inter fe tractandas & terminandas: Scotis reor Grith-clared and admitted, that the Commons of the
hail, q. Mons pacificationis, cui Alyli privilegia concede
bantur: & in Hibernia frequentes vidimus, the Parle
and Parling Hills. Spelm. Gloff.
Parliament, (Parliamentum, from the Fr. Parler,
i. e. loqui, & Ment, Mens, to fpeak the Mind,
fometimes called Commune Concilium Regni Anglia,
Magnum Concilium, &c.) Is a grand Affembly, or
Convention of the three Estates of the Kingdom,
fummoned to meet the King, to confult of Matters
relating to the Common Wealth; and particularly
to enact and repeal Laws. Some Authors fay, that
the ancient Britains had no fuch Affemblies; but
that the Saxons had; which may be collected from
the Laws of King Ina, who lived about the Year 712.
And William the firft, called the Conqueror, having
divided this Land among his Followers, fo that
·
As to
Land were ever a Part of the Parliament. Selden's
Tit. Hon. 709. Polydore Virgil, Hollinfhead, Speed
and others mention, that the Commons were first
fummoned at a Parliament held at Salisbury, 16 Hen. I.
Sir Walter Raleigh, in his Treatife of the Preroga-
tive of Parliaments, thinks it was Anno 18 H. 1. And
Dr. Heylin finds another Beginning for them, viz.
in the Reign of K. Hen. 2. Thus much for the
Original of our Parliament: Which is the higheſt
and most honourable, and abfolute Court of Justice
in England; confifting of the King, the Lords of
Parliament, and the Commons; and again, the
Lords are divided into two Sorts, viz. Spiritual
and Temporal; and the Commons divided into
three Paris, i. e. into Knights of Shires or Coun-
ties, Citizens out of Cities, and Burgeffes from
Boroughs;
7 C
1
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PA
*
1
Boroughs; the Words of the old Latin Writ to the a judicial Place, and can be no Witness. 4 Inft. 15.
Sheriff for the Election, being Duos Milites gladiis When King Charles 1. being in the Houfe of Com-
cinctos magis idoneos & difcretos comitatus tui, & de qua- mons, and fitting in the Speaker's Chair, asked the
libet civitate comitatus tui duos Cives, & de quolibet Bur-then Speaker, whether certain Members, whom the
go duos Burgenfes, de Difcretioribus & magis fufficientibus, King named, were prefent? The Speaker, from a
c. Inft. 109. The Jurifdi&tion of this Court is Prefence of Mind which arofe from the Genius of
fo tranfcendent, that it makes, enlarges, abrogates, that Houfe, readily answered, That he had neither
repeals and revives Laws and Statutes, concerning Eyes to fee nor Tongue to fpeak, but as the Houſe
Matters Ecclefiaftical, Civil, Criminal, Martial, was pleafed to direct him. Atkins's Furifd. and Anti-
Maritime, &c. And for making of Laws and in quity of House of Commons. King Henry 8. having
proceeding by Bill, this fupreme Court is not con- commanded Sir Thomas Gawdy, one of the Judges
fined either for Caufes or Perfons within any of the King's Bench, to attend the Chief Juftices.
Bounds; nor is it tied down to any certain Rules and know their Opinion, whether a Man might be
or Forms of Law, in Proceedings and Determina- attainted of High Treafon by Parliament, and ne-
tions: The Court of Parliament hath Power to ver called to anfwer; the Judges declared it was a
judge in Matters of Law; and redrefs Mifchiefs dangerous Queftion, and that the High Court of
and Grievances that happen, efpecially fuch as have Parliament ought to give Examples to inferior
no ordinary Remedy; to examine into the Cor- Courts, for proceeding according to Juftice, and
ruption of Judges and Magiftrates, and illegal no inferior Court could do the like. Lex Confti-
Proceedings of other Courts; to redrefs Errors, tution. 161. The House of Lords is a diftin&t Court
and determine on Petitions and Appeals, &c. and from the Commons, to feveral Purpofes, and is the
from this High Court there lies no Appeal. Ibid. Sovereign Court of Juftice, and Dernier Refort:
Affairs of Parliament are to be determined by the they try Criminal Caufes on Impeachments of the
Parliament; though the Parliament err, it is not re- Commons; and have an original Jurifdiction for the
verfible in any other Court: And not only what is Trial of Peers upon Indictments found by a Grand
done in the Houſe of Commons, but what relates Jury: They alfo try Caufes upon Appeals from the
to the Commons during the Parliament, and fitting Court of Chancery, or upon Writs of Error to re-
the Parliament, is no where elfe to be punished but verfe Judgments in B. R. &c. And all their Decrees
by themselves, or a fucceeding Parliament. Sir are as Judgments; and Judgment given in Parlia-
Robert Atkins. Every Court of Juftice having ment may be executed by the Lord Chancellor.
Laws and Customs for its Direction, the High Court 4 Inft. 21. Finch 233.1 Lev. 165. It is faid, that
of Parliament hath its own proper Laws and Cu- the Judicial Power of Parliament is in the Lords;
toms, called the Laws and Customs of Parliament; but that the Houfe of Lords hath no Jurifdiction
infomuch that no Judges ought to give any Opinion over original Caufes, which would deprive the Sub-
of Matters done in Parliament, becauſe they are je&t of the Benefit of Appeal. 2 Salk. 510. Alfo the
not to be decided by the Common Law: But the Houfe of Commons is a diftin&t Court to many Pur-
Parliament, in their Judicial Capacity, are govern- pofes; they examine the Right of Elections, expel
ed by the Common and Statute Laws, as well as their own Members, and commit them to Prifon,
the Courts in Westminster Hall. 4 Inft. 14, 15. State and fometimes other Perfous, &c. And the Book of
Trials, Vol. 2, 735. The Lords and Commons in the Clerk of the Houfe of Commons is, a Record.
their respective Houfes have Power of Judicature, 2 Inft. 536. 4 Inft. 23.. The Commons coming from
and fo have both Houfes together: And in former all Parts are the General Inquifitors and Grand In-
Times both Lords and Commons fat together in queft of the Realm; to prefent publick Grievances
one Houſe of Parliament. 4 Inft. 23. The Lords and Delinquents to the King and Lords to be pu-
have one that prefides as Speaker in common Af-nifhed by them: And any Member of the Houfe of
fairs, ufually the Lord Chancellor; and the Commons Commons, has the Privilege of impeaching the
have their Speaker, chofen by the Houfe, but to higheft Lord in the Kingdom. Wood's Inft. 455. As
be approved of by the King: The Commons an- the Houfe of Lords feems to be politically confti-
tiently had no continual Speaker, but after Con- tuted for the Support of the Rights of the Crown;
fultation, their Manner of Proceeding was to agree fo the proper Province of the Houfe of Commons,
upon fome Perfon of great Abilities, to deliver is to ftand for the Prefervation of the People's Li-
their Refolutions: In the Reign of Willam Rufus, berties. The Commons in making and repealing of
there was a great Parliament held at Rockingham, Laws, have equal Power with the Lords; and for
and a certain Knight came forth and stood before laying of Taxes on the Subject, the Bill is to begin
the People, and fpake in the Name and Behalf of in the Houfe of Commons, becaufe from thence the
them all, who was undoubtedly the Speaker of the greateft Part of the Money arifes, and it is they
House of Commons at that Time: But the firft that reprefent the whole Commons of England; for
Speaker certainly known was Peter de Mountford. which Reafon they will not permit any Alterations
44 H. 3. when the Lords and Commons fat in fe- to be made by the Lords in a Bill concerning Mo-
veral Houfes, or at least gave their Affents feve-ney: And as formerly the Laying and Levying of
rally. Lex Conflitution. 162. Sir Richard Walgrave,
5 R. 2. was the firft Speaker that made any formal
Apology for Inability, as now practifed: Richard
Rich, Efq; 28 H. 8. was the first of our Speakers
that is recorded to have made Request for Accefs
to the King. Thomas Moyle, Efq; 34 H. 8. is faid
to be the first Speaker that petitioned for Freedom
of Speech; and Sir Thomas Gargrave, I Eliz. was
the first that made the Request for Privilege from
Arrefts, &c. Sir John Bushey, 17 R. 2. was the firft
Speaker prefented to the King in full Parliament
by the Commons: And when Sir Arnold Savage was
Speaker, 2 Hen. 4. it was the first Time that the
Commons were required by the King to chufe a
Speaker. Ibid. 163, &c. The King cannot take
Notice of any Thing faid to be done in the Houſe
of Commons, but by the Report of the Houfe;
and every Member of the House of Parliament has
3
1
·
new Taxes have caufed Rebellions and Commo-
tions; this has occafioned, particularly 9 E. 3. when
a Motion has been made for a Sufibdy of a new Kind,
that the Commons have defired a Conference with
thofe of their feveral Counties and Places, whom
they have repreſented before they have treated of
any fuch Matters. 4 Inft. 34. There are no Places
of Precedency in the Houfe of Commons as there
are in the House of Lords; only the Speaker has a
Chair or Seat, fixed towards the upper End, in the
Middle of the Houfe; and the Clerk, with his Af-
fiftant, fits near him at the Table, juft below the
Chair: The Members of the Houle of Commons
never had any Robes, as the Lords ever had, ex-
cept the Speaker and Clerks, who in the House
wear Gowns, as Profeffors of the Law do during the
Term-Time. If a Lord be abfent from the Houfe,
he may make another Lord his Proxy; though a
Member
PA
PA
----
:
+
ment, was arrested four Days before the Sitting of
the Parliament, and carried Prifoner to the Fleet;
on which a Warrant iffued to the Clerk of the
Crown for a Habeas Corpus to bring him to the
Houfe, and the Serjeant was fent for in Cuftody,
who being brought to the Bar, and confeffing his
Fault, was exculed for that Time: But on hearing
Council at the Bar for Sir Thomas Shirley, and the
Member of the Houfe of Commons cannot make a imprisoned. Cro. Car. 130. Members of Parliament
Proxy. Wood's Inft. 456. No Knight, Citizen or are not only privileged from Arrefts, but likewife
Burgefs of the House of Commons, fhall depart in an extraordinary Manner from Affaults, Mc-
from the Parliament without Leave of the Speaker naces, &c. Sir Robert Brandling made an Áſſault
and Commons affembled; and the fame is to be en- upon Mr. Witherington, a Member of the Houfe of
tered in the Book of the Clerk of the Parliament. Commons, in the Country before his coming up to
Stat. 6´ Hen. 8. c. 16. And in the 12 P. M. Parliament, and Sir Robert was fent for up by the
Informations were preferred by the Attorney Gene Houfe, and committed to the Tower. And Anno 19
ral against thirty-nine of the Houfe of Commons, Fac. 1. fome Speeches paffed privately in the Houfe
for departing without Licence, whereof fix of them between two of the Members, and one of them go-
fubmitted to Fines; but it is uncertain whether any ing down the Parliament Stairs ftruck the other,
of them were ever paid. The Calling of the Houfe who catching at a Sword in his Man's Hand, en-
is to difcover what Members are abfent, without deavoured to return the Stroke; and, upon Com-
Leave of the Houfe, or juſt Caufe; in which Cafes plaint to the Houfe of Commons they were both
Fines have been impoſed: On the Calling over, fuch ordered to attend, where he who gave the Blow
of the Members as are prefent, are marked; and was committed to the Tower during the Pleaſure of
the Defaulters being called over again the fame Day, the Houfe. Affaulting a Member coming to or at-
or the Day after, and not appearing, arc fometimes tending in Parliament, the Offender fhall pay dou-
fummoned, and fometimes fent for by the Serjeant ble Damages, and make Fine and Ranfom, &c. by
at Arms. Lex Conftitution. 159. Forty Members are Stat. 11 Hen. 6. All Members of Parliament, that
requifite to make a Houfe of Commons for Dif they may attend the publick Service of their Coun-
patch of Bufinefs; and the Bufinefs of the Houfe is try, have Privilege of Parliament for themſelves
to be kept entirely a Secret among themfelves: In and their menial Servants, to be free from Arrefts,
the 23d Year of Queen Elizabeth, Arthur Hall, Efq; Subpoenas, Citations, &c. and for their Horfes and
Member of Parliament, for publishing the Confe- Goods to be free from Diftreffes: And this Privi-
rences of the Houfe, and, writing a Book which lege of Parliament doth generally hold in all Cafes
contained Matter of Reproach against fome parti-except in Treafon, Felony and Breach of the Peace.
cular Members, derogatory to the general Authori-4 Inft. 24, 25. There are many remarkable Cafes in
ty, Power and State of the Houfe, and prejudicial our Books treating of the Privileges of Parliament,
to the Validity of the Proceedings, was adjudged relating to Arrefts of Members of the House of Com-
by the Commons to be committed to the Tower for mons, and their Servants, and the Manner of their
fix Months, fined 500 1. and expelled the Houfe. Confinement, Releaſement, &c. The firft Year of
But the Speaker of the Houfe of Commons, accord-King Fac. Sir Thomas Shirley, a Member of Parlia-
ing to the Duty of his Office, as Servant to the
Houſe, may publiſh fuch Proceedings as he fhall be
ordered by the Commons affembled; and he cannot
be liable for what he does that Way by the Com-
mand of others, unless all thofe other Perfons are
liable. The Cafe of William Williams, Efq; If any
Member of either Houfe fpeak Words of Offence
in a Debate, afier the Debate is over he is called
to the Bar, where commonly on his Knees he re-Warden of the Fleet, and upon producing Precedents,
ceives a Reprimand from the Speaker; and if the Simpson the Profecutor, who caufed the Arreft to be
Offence be great, he is fent to the Tower. When made, was ordered to be committed to the Tower;
the Bill of Attainder of the Earl of Strafford, was and afterwards the Warden refusing to execute the
paffing the House of Commons, Mr. Taylor, a Mem- Writ of Habeas Corpus, and the Delivery of Sir Tho-
ber of that Houfe, oppofed it with great Violence mas being denied, was likewife committed to the
and Indecency, and being heard to explain himself, Tower; though on his agreeing to deliver up Sir Tho-
was commanded to withdraw; whereupon it was re-mas, upon a new Warrant for a new Writ of Habeas
folved he fhould be expelled the Houfe, be made Corpus, and making his Submiffion to the Houſe, he
incapable of ever ferving as a Member of Parliament, was difcharged: This Affair taking up fome Time,
and ſhould be committed Prifoner to the Tower, the Houfe entered into feveral Debates touching
there to remain during the Pleaſure of the Houfe: their Privileges, and how the Debt of the Party
And he was called to the Bar, where he kneeled might be fatisfied, which produced three Questions;
down, and Mr. Speaker pronounced the Sentence Firft, Whether Sir Thomas Shirley fhould have Pri-
accordingly. And Sir John Elliot, Denzil Hollis, and vilege? Secondly, Whether prefently, or to be de-
another Perfon having spoken theſe Words, (viz.)ferred? And, Thirdly, Whether the Houſe ſhould
The King's Privy Council, bis Fudges, and his Counfel petitition the King for fome Courfe for fecuring the
learned in the Law, have confpired to trample under their Debt of the Party, according to former Precedents,
Feet the Liberties of the Subject, and of this House, an and faving harmless the Warden of the Fleet? All
Information was brought against them by the Attor- which Questions were refolved; and a Bill was
ney General; and farther, for that the King having brought in to fecure Simpson's Debt, &c. which alfo
fignified his Pleaſure to the House of Commons for occafioned an A&t 1 Fac. I. cap. 13. for Relief of
the Adjournment of the Parliament, and the Speaker Plaintiffs in Writs of Execution, where the Defen-
endeavouring to get out of the Chair, they Violenter, dants in fuch Writs are arrested, and fet at Liberty
c. detained him in the Chair; upon which there by Privilege of Parliament, by which a freſh Pro-
was a great Tumult in the Houfe, to the Terror of fecution and new Execution may be had againit
the Commons there affembled, and against their Al- then when that Privilege ceales. Lex Conftitut. 141.
legiance, in Contempt of the King, his Crown and And 19 fac. 1. one Johrfon, a Servant to Sir James
Dignity: The Defendants pleaded to the Jurifdi&tion Whitlok a Member of the House of Commons, was
of the Court; and refufed to answer but in Parlia arrefted by two Bailiffs, who being told Sir James
ment; but it was adjudged, that they ought to an- Whitlock was a Parliament Man, anſwered, that they
fwer, the Charge being for a Confpiracy, and fedi-had known greater Men's Servants than his taken
tious A&ts to prevent the Adjournment of the Par-
liament, which may be examined out of it; and not
anfwering, Judgment was given against them, that
Sir John Elliot fhould be committed to the Tower,
and fined 2000 1 and the other two were fined and
•
from their Mafters in Time of Parliament: And this
appearing, the two Bailiffs were fentenced to ask
Pardon of the Houfe and Sir James Whitlock, on
their Knees; that they fhould both ride on one
Horſe bare backed,, Back to Back, from Westminster
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to the Exchange, with Papers on their Breasts figni- (out of Chancery, at leaft forty Days before the Par-
fying their Offence; all which was to be executedliament begins: And the Commons are elected by
prefently, Sedente Curia. Ibid. In Action of Debt the People; and every Member, though chofe for
upon a Bond, conditioned that B. B. fhould render one particular Place or Borough, ferves for the
himſelf at fuch a Day and Place to an Arreft; the whole Kingdom. Alfo as Attendance of this Nas
Defendant pleaded, that by Privilege of Parliament, ture is for the Service of the Publick, the whole
the Members, &c. and their Servants ought not to Nation has fuch an Intereft therein, that the King
be arreſted by the Space of forty Days before the cannot grant an Exemption to any Perfon from be
Sitting of the Parliament, nor during the Seffion, ing elected as a Knight, Citizen or Burgeſs in Par-
nor forty Days afterwards; and that B. B. was at liament; and for that Elections ought to be free.
that Time Servant to fuch a Member of Parliament, 29 Hen. 6. But an Alien cannot be elected of the
fo as he could not render himſelf to be arreſted: Parliament, for he is not the King's Leige Subject;
Upon Demurrer to this Plea, it was adjudged ill, though if an Alien were Naturalized by A&t of Par-
becauſe he might have rendered himself at the Time liament, he was eligible till the Stat. 12′ W. 3. cap. 2.
and Place; but then it would be at their Peril if A Man attainted of Treafon or Felony, or one out-
he was arrested. 1 Brownl. 81. The Commons in lawed, &c. is not eligible; nor fhall fuch Perſons
Parliament claim Privilege for forty Days before be fuffered in the Houfe of Parliament. 4 Inft. 48.
and after each Seffion and Prorogation. 2 Lev. 72. A Perfon under the Age of twenty-one Years, may
Though the Statute 12 W. 3. cap. 3. ordains, that not be elected to fit in Parliament; neither can any
Actions may be profecuted in any of the Courts at Lord fit there, until he be of the full Age of twen-
Westminster against Perfons intitled to Privilege of ty-one Years. Ibid. It was formerly held, that
Parliament, after a Diffolution or Prorogation, until Mayors and Bailiffs of Towns-Corporate were not
a new Parliament is called, or the fame is reaffem- eligible; but now they may be elected. And fo
bled: And after Adjournment for above fourteen may a Sheriff of a County, for another Shire. 4 Inft.
Days, and the refpective Courts may proceed to 38 H. None of the Judges of the King's Bench or
Judgment, & Proceedings are to be by Summons Common Pleas, or Barons of the Exchequer, who have
and Diſtreſs infinite, &c. until the Parties fhall enter Judicial Places, can be chofen Knight, Citizen or
a common Appearance; and the Real or Perfonal Burgefs of Parliament, as it is now holden, and be-
Eftates of the Defendants may be fequeftred for De- caufe they are Affiftants in the Houfe of Lords: And
fault of Appearance; but the Plaintiff may not ar- yet we find in the Parliament Roll 31 Hen. 8. that
reft their Bodies: And where any Plaintiff fhall be Thorpe, Baron of the Exchequer, was Speaker of the
ftayed or prevented from Proceeding by Privilege Houfe of Commons: Perfons that have Judicial
of Parliament, he fhall not be barred by any Statute Places in the other Courts, Ecclefiaftical or Civil,
of Limitation, or Non fuited, Difmiffed, or his Suit are eligible. 4 Inft. 47. Clergymen are not eligible
difcontinued for Want of Profecution; but at the to be Knights, Citizens or Burgeffes of Parliament,
Rifing of the Parliament fhall be at Liberty to pro- they being of another Body, viz. of the Convoca-
ceed to Judgment and Execution. And by 2 Ann. tion. Ibid. Any of the Profeffion of the Common
cap. S. Actions may be profecuted againft Officers of Law, and which are in the Practice of the fame,
the Revenue, or in any Place of publick Truft, for are eligible; but Anno 6 H. 4. a Parliament was fuin-
any Forfeiture or Breach of Truft, &c. and fhall moned by Writ, and by Colour of a certain Ordi-
not be ſtayed by Colour of Privilege: But fuch Of nance, it was forbidden that any Lawyers fhould be
ficer being a Member of Parliament, is not fubject to chofen; by Reafon whereof my Lord Coke obferves,
Arreft during the Time of Privilege, but Summons, this Parliament was fruitlefs: And the prohibitory
Attachment, &c. By the 11 Geo. 2. cap. 24. Any Claufe inferted in the Writs was against Law, for
Perfon may proſecute a Suit in any Court of Re-Lawyers are eligible of Common Right, and can-
cord, &c. in Great Britain or Ireland, against any not be diſabled by Ordinance without Act of Par-
Peer, or Member of the Houfe of Commons, orliament. By Star. 12 W. 3. c. 2. no Perfon who had
other Perfon intitled to Privilege, in the Intervals any Office or Place of Profit under the King, or
of Parliaments, or of Seffions, if above fourteen Penfion from the Crown, was to ferve as a Member
Days; and the faid Courts, after Diffolutions or of the Houfe of Commons. And by 4 & 5 Ann. no
Prorogations, are to give Judgment, and award Ex-Member of Parliament may enjoy any Office in the
ecution: And no Proceedings in Law against the Government, and fit in the Houfe at the fame Time
King's immediate Debtor, as fuch, &c. to be de- by Virtue of his former Ele&tion; for by the Ac-
layed under Colour of fuch Privilege; only the ceptance of any Office, his Election is void: But
Perfon of a Member of Parliament, &c. fhall not he may be elected again, on a new-Writ iffued our,
be arreſted or imprisoned. A Defendant who was a and fit in the Houfe; and Officers in the Army or
Member of Parliament, brought a Letter from the Navy, receiving any new Commiffion, need not be
Speaker to the Court of King's Bench to ftay Pro- re-elected. 6 Ann. When Perfons are incapable of
ceedings; but the Court would not allow it, but being elected, the Election fhall be void; and Sit-
told him he might bring his Writ of Privilege. ting or Voting in the Houfe of Commons they fhall
Latch 150. Judgment was had against the Defendant, forfeit 500 l. And the Statute 1 Geo. I. c. 56. enacts,
and afterwards he was chofen a Member of Parlia-that no Man having any Penfion from the Crown,
ment, and after his Election he was taken in Execu- either in his own Name or in Truft for him, ſhall
tion, yet he had his Privilege; though the Book be elected a Member of Parliament; and Penfioners
tells us minus jufte. Moor 57. And where Judgment prefuming to Sit and Vote, fhall forfeit 201. for
being had against a Defendant, and he was taken in
Execution in the Morning, and about three Hours
afterwards was chofen a Member of Parliament; the
Houſe agreed, that being arrefted before he was
chofen, &c. he fhall not have his Privilege. Moor
340. 1 Nelf. Abr. 27. The Courts at Westminster
may judge of the Privilege of Parliament, where it
is incident to a Suit the Court is poffeffed of: And
Courts may procced to Execution between the Sef-
fions of Parliament, notwithſtanding Appeals lodged,
&c. State Trials, 2 Vol. pag. 66, 209.
Election of Members of Parliament. The Parliament
is called by Force of the King's Writ of Summons
+
every Day, &c. The A&t mentions only a Penfion
for any Term or Number of Years; and not a
Penfion during Pleaſure, according to the 4 Ann.
cap. 8. "Tis now enacted, that no Perfon who fhall
be a Commiffioner of the Treafury, Chancellor of
the Exchequer, Commiffioner of the Admiralty, Pay-
mafter of the Army, Secretary of State, &c. fhall be
capable of being a Member in any Parliament, which
fhall be hereafter fummoned and holden. Stat. 15
Geo. 2. c. 22. But this Statute does not exclude the Se-
cretaries of the Treaſury, or of thofe other Officers;
or any Perfon having an Office for Life. Ibid. By
ancient Statutes, Knights of the Shire are to be.
refident
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and Conveyances made to any Perfon in a fraudu-
lent Manner, on purpofe to qualify him to vote,
fubject to Conditions to defeat or determine fuch
Eftate or re-convey the fame, fhall be taken againſt
the Perfons executing free and abfolute;
them.
and all Bonds, &c. for Redemption fhall be void;
alfo Perfons voting by Colour of fuch Convey-
.
that
tutes, for preventing fraudulent Conveyances to
multiply Votes on Electing Knights of Shires, are
made to extend to Lands or Tenements, for which
any Perfon fhall vote for the Election of Members
to ferve in Parliament for any City or Town,
is a County of itself; and if any Perfon votes at
fuch Election as a Freeholder, not having his Eftate
a Year before, and affeffed as deſcribed in the A&t
10 Ann. he is liable to the Penalties impofed on
unqualified Voters. 13 Geo. 2. c. 20.
15 Geo. 2. c. 20. Perfons re-
fufing to take the Oaths of Abjuration, &c. are
made incapable to vote for Members of Parliament.
I Geo. I. c. 13. As to who are or ought to be the
Electors in Boroughs, it hath very much exercifed
the British Houfe of Commons: In the 22 Fac. 1.
it was refolved, that where there is no Charter or
Cuftom to the contrary, the Election in Boroughs
is to be made by all the Houfholders, and not Fre-
holders only: And in a Queſtion whether the Com-
mons or the Capital Burgeffes of a certain Borough
in Lincolnshire, were the Electors of Members to
Parliament, Anno 4 Car. 1. it was agreed, That the
Election of Burgeffes in all Boroughs did of com-
mon Right belong to the Commoners, and that no-
thing could take it from them but a Preſcription
and conftant Ufage beyond the Memory of Man.
It has been holden, That the Commonalties of Ci-
ties and Burghs are only the ordinary and lower
Sort of Citizens, Burgeffes or Freemen; and that
the Right of Election of Burgeffes to Parliament
in all Boroughs, belongs to the Commoners, viz
the ordinary Burgeffes or Freemen; and not to the
Mayor, Aldermen and Common Council: Though
the Meaning of the Words Communitates Civitatum
refident in the County, for which they are chofen;
as likewiſe Citizens and Burgeffes elected fhall be
refident in and free of the fame Cities and Bo-
roughs, the Day of the Date of the Writ of Sum-
mons, and they are to be norable Knights of the
fame County, &c. notable Efquires or Gentlemen:
Alfo by a late A&t, no Perfon fhall be qualified to
ferve in Parliament as a Knight of the Shire, whoance, incur a Forfeiture of 401. The above Sta-
hath not an Eitate of Freehold or Copyhold for
Life, or fome greater Eftate to his own Ufe, of
600l. a Year, over and above what will fatisfy all
Incumbrances; and a Citizen and Burgefs 300l. per
Annum, of which Oath is to be made at the Request
of a Candidate, or two Perfons having Right to
Vote; and if any Perfon be elected and returned
not fo qualified, the Return fhall be void. 9 Ann.
cap. 5. And none fhall be qualified by Virtue of
any Mortgage, whereof the Equity of Redemption
is in another; unless the Mortgagee fhall have been
in Poffeffion feven Years before the Election: Tho'
the eldeſt Son of a Peer, or of any Perfon qualified.
to ſerve as a Knight of the Shire, fhall not be in-
capable of being elected. Stat. Ibid. Members of
Parliament must take the Oaths to the Government
before they Sit and Vote in the House; or fhall be
adjudged Popish Recufants, and be difabled to fit
in Parliament, and liable to certain Forfeitures, &c.
Stat. 5 Eliz. cap. 1. 30 Car. 2. c. I. And this Statute
is confirmed and inforced by the 13 14 W. 3. c. 6.
The Election of Knights of the Shire, is to be made
by the Majority of People dwelling in the Coun-
tics, having each of them Lands or Tenements to
the yearly Value of 40 s. befides Repriſes; and he
that cannot expend 40s. per Ann. fhall have no
Vote in the Election of Knights for the Parliament.
8 H. 6. c. 7.
And by the 10 Hen. 6. c. 2. an Elector
of Knights of the Shire must be refident, and have
40⋅s. per Annum Freehold over and above Repriſes
in the famé County. The 7 & 8 W. 3. requires,
that every Freeholder fhall take an Oath that he
is a Freeholder of the County, and has Freehold
Lands or Hereditaments of the yearly Value of 40s.
lying at fuch a Place, within the faid County, and
that he hath not been before polled at the Elec-
tion: No Perfon is to be admitted to vote in any
Election of a Member to ferve in Parliament, who
is under the Age of twenty-one, or be intitled to
any Vote by Reaſon of any Truft or Mortgage;
if the Truffee or Mortgagee be not in actual Pof-
feffion, and receive the Rents and Profits of the
Eftate: But the Mortgagor or Ceftui que Trust in Pof
feffion, fhall and may vote for the fame Eftate:
And all Conveyances of Lands, Tenements, &c.
in order to multiply Votes, or ſplit and divide the
Intereft in any Houfes or Lands, among feveral Per-Vote? In this Cafe the Debates ended in the fol-
fons, to enable them to vote, fhall be void and of lowing Refolutions, viz. That the Qualification of
none Effect. By the 10 Ann. c. 22. none fhall have Electors and of Perfons elected, is cognizable only
a Voice for electing Knights of the Shire in Right before the Commons in Parliament; and that the
of any Lands, who has not been charged or affeffed examining and determining the Qualification or
to the publick Taxes, Church Rates and Parish Right of any Elector, &c. belongs to them, where
Duties, in fuch Proportion as other Lands and Te- the Acts of Parliament give no particular Direction;
nements of 40s. per Annum, lying within the fame that whoever shall profecute any Action, &c. which
Parish; and for which he fhall not have received fhall bring the Right of Electors to the Determi
the Rents and Profits, or be intitled to have re-nation of any other Jurifdiction than that of the
ceived the fame to the full Value of 40 s. or more, Houfe of Commons, except in Cafes fpecially pro-
to his own Ufe for one Year, before the Election;vided for by fome Statue, fhall be guilty of a
except fuch Lands or Tenements come by Defcent, Breach of the Privilege of the Houfe. Several Per-
Devile, Prefentation to fome Church, or Promotion fons were committed to Newgate by a Warrant fign-
to an Office, to which a Freehold is annexed; and ed by Robert Harley, Speaker of the Houfe of Com-
Perfons voting contrary fhall forfeit 40 l. This mons, for profecuting Actions at Law against the
extends not to reftrain Perfons from voting for Conftables of the aforefaid Borough of Ailesbury, who
Knights of the Shire, in refpe&t of any Tithes, or refufed to take their Votes at the Election of Mem.
other incorporeal Inheritances, or Meffuages, &c.bers of Parliament, &c. in Contempt of the Jurifdic-
belonging to Offices, by reafon the fame have not tion and Privileges of the Houfe; and this Matter
been uſually affeffed to any publick Taxes; or in being returned by Habeas Corpus feverally, and the
regard to Lands not taxed to all Taxes, if they feveral Perfons Defendants brought into Conrt, their
have been generally affeffed to fome one or more Counfel moved that they might be difcharged,
of the ſaid Rates, &c. by 12 Ann. c. 5. All Eſtates | for that the Profecution of a Suit at Law could be
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:
Burgorum, has always fignified, rightly under-
ftood, the Mayor, Aldermen and Common Coun-
cil, where they were to be found; or the Steward
or Bailiff, and Capital Burgeffes, or the governing
Parts of Cities and Towns, by what Perfons foever
they were governed, or Titles called. The most
extraordinary Cafe which has happened in this
Age, with Relation to the Determinations of a
Committee of Privileges and Elections, was the
Cafe of Abby and White, concerning the Borough
of Ailesbury; on a Queltion put, Whether an Ac-
tion at Law lies for an Elector who is denied his
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C.
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jointly returned, &c. For there are commonly
four or five Citizens or Burgeffes fent from the re-
fpective Cities or Boroughs to the County-Court;
and there they were chofen, with full Power for
themselves and their feveral Communities, to do and
confent to fuch, Taings, as by the Common Council
of the Kingdom affembled in Parliament, fhould be
ordained and enaded. It is faid by fome Writers,
that in antient Times the King hath nominated
the very Perfons to be returned, and did not leave
it to the Election of the People; for which they
give an Inftance in the 45th Year of Ed. 3. And
among the Parliament Wri:s 14 Eliz. there appears.
to be an Appointment and Return of Burgeffes, by
the Lord of a Town, &c. But thefe are fingle
Iaftances in their Kind; and the Writs for Elec-
tions in the 23d Year of King Edw. 1. ran in Eng-
life as follows, viz.
T
of Parliament.
no unlawful Act,, nor a Breach of the Privileges off
the House of Commons: Three Judges were of O
pinion, that the Houfe were the proper Judges of
their own Privileges; but Holt Chief Justice held,
That the Authority of the Commons was circum
fcribed by Law; and if they should exceed that
Authority, then to fay they were Judges of their
own Privileges, is to make their Privileges to be
what they would have them to be; and that if
they fhould wrongfully imprifon, there could be
no Redress, fo that the Courts at Westminster could
not execute the Laws upon which the Liber ies of
the Subject fubfift. 2 Salk. 503. And in Action on
And in Action on
the Cafe, by a Burgefs of Ailesbury, against the
Conftables of the faid Borough, for refnfing to re-
ceive the Plaintiff's Vote in the Election of a
Member of Parliament; the Plaintiff had a Verdict,
but the Judgment was arrested, by the Opinion of
three Judges, viz. That the Action is not main-
tainable, because the Conftables acted as Judges,
and the not Receiving the Plaintiff's Vote is Dam- Form of an antient Writ for Ele&tion of Members
num finè injuria; for when the Matter comes be-
fore the Houfe, his Vore will be received; that the
Right of electing Members to ferve in Parliament. O the Sheriff of, &c. Greeting: Because we de-
is to be decided in Parliament, and the Plaintiff fire to have a Conference and Treaty with the
may petition the Houfe for that Purpoſe, and after Earls, Barons, and other great Men of our Kingdom,
is determined there, he may then bring his Ac- to provide Remedies against the Dangers our Kingdom is
tion, and not before. Holt Chief Justice contra, That in at this Time; therefore we have commanded them.
the Plaintiff had a Right to vote; a Freeholder that they be with us at Westminster, on the Day, &c.
has a Right to vote by Reaſon of his Freehold; next coming, to treat, ordain, and do, fo as thofe Dan-
and it is a real Right, and the Value of his Free-gers may be prevented: And we command, and firmly
hold was not material 'till the Stat. 8 Hen. 6. which enjoin thee, that, without Delay, thou doeft caufe to be
requires it to be 40. per Annum: That as it is chofen, and to come to us, at the Time and Place afore-
Ratione liberi tenementi in Counties; fo in antient Bo-faid, two Knights of the County aforesaid, and of every
roughs, they have a Right to vote ratione Burgagit;
and in Cities and Corporations, it is ratione Fran
chefie, and a perfonal Inheritance, vested in the
whole Corporation, but to be ufed by the particu-
lar Members; that this is a noble Privilege, which
entitles the Subject to a Share in the Government
and Legiflature; and that if the Plaintiff hath a
Right, he muft have a Remedy to affert that
Right, for Want of Right and Want of Remedy
is the fame Thing; that Refufing to take the
Plaintiff's Vote is an Injury, and every Injury im-
ports a Damage; and that where a parliamentary
Matter comes in incidentally to an Action of Pro
perty, in the King's Court, it must be determined
there, and not in Parliament; the Parliament can-
not judge of the Injury, nor give Damages to the
Plaintiff, and he hath no Remedy by Way of Pe-
tition: And according to this Opinion, the Judg
ment of the other three Judges was reverfed upon
a Writ of Error brought in the House of Lords.
1 Salk. 19. Mod. Caf. 45. This Cafe occafioned
great Difputes between the two Houfes of Parlia
ment; the Lords infifling, That if the Commons
only could judge of the Right of their Electors,
they would in Effect chufe their Ele&tors, &c. By the Stat. 7 H. 4. cap. 15. the Election of
And the Commons alledging, that if the Right of Knights of the Shire is to be made in the follow-
Electors might be determined in the Courts of Law, ing Manner: At the next County-Court, after the
from whence Caufes are removed by Writ of Error Delivery of the Writ, Proclaination is to be made
into the Haufe of Lords, the Lords would become by the Sheriff of the County, of the Day and Place
Judges of the Right of Electors to chufe, and con- the Parliament is to affemble, and that all as are
fequently who were duly elected Members of the there prefent fhall attend at the Election of Knights
Commons Houſe, whereby the Commons would lofe of the Shire; and then in full County, a free
their Independency, and be fubject to the Lords, and indifferent Election hall be made: And after
&c. But the Parliament being foon after prorogued, fuch Choice, the Names of the Parties chofen,
the Diſpute was dropp'd. By the Common Law of are to be written on an Indenture under the Seals
England, every Commoner hath a Right not to be of the Ele&tors; which Indenture fo fealed and
fubje&ted to Laws made without their Confent; and tacked to the Writ, fhall be the Sheriff's Return
becauſe fuch Confent cannot be given by every in-thercof. And by the 23 H. 6. cap. 7. it is enacted,
dividual Man in Perfon, by Reafon of Number and
Confufion; that Power is lodged in their Reprefen-
tatives, elected and chofen by them, viz. Knights,
Citizens, &c. 3 Salk. 18. And in feveral Counties,
the Citizens and Burgeffes were formerly chofen in
the County Courts, with the Knights of Shires, and
City two Citizens, and of every Borough two Burgeſſes,
of the best, most able, and difcreet Men for Business; fo
as the faid Knights may have fufficient Power for them-
felves, and the Community of the County aforefaid; and
the Citizens and Burgeffes may have the fame Power
feparately from them, for themfelves and the Communi
ties of Cities and Burghs, then to do in the Premises
what shall be ordained by the Common Council of the
Realm; fo that the Business aforesaid may not remain
undone and have there the Names of the Knights,
Citizens and Burgeſſes, and this Writ. Witness the
King, &c.
>
The Return of the Writ, thereon indorfed, was thus:
I
A. B. Sheriff, by Vertue of this Writ have caused
to be chofen in the County of, &c. two Knights, and
of every City of the fame County two Citizens, and of
every Borough two Burgeffes, of the best, moft able, and
difcreet Knights, Citizens and Burgeles of the County,
City and Burghs aforesaid, according to the Tenor of the
Writ.
That the Sheriff after Receipt of the Writ, ſhall
deliver a Precept under his Seal to every Mayor
and Bailiff of Cities and Boroughs within his Coun
ty, reciting the Writ, and requiring them to chufe
two Citizens and Burgeffes to come to the Parlia
ment; and fuch Mayors and Head Officers, are to
make
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make Return of the Precept to the Sheriff, by In-rift or other Officer having the Execution and Re-
denture, &c. whereupon the Sheriff is enabled to turn of Writs of Summons for Parliament, thall on
make a good Return of the Writ: The Sheriff is or before the Day of Meeting of the Parliament,
to make Election between the Hours of eight and and with all Expedition, not exceeding fourteeri
eleven in the Forenoon; and if any Knight, Citi-Days after Election, make Returns to the Clerk of
zen, or Burgefs, returned by the Sheriff thall be the Crown in Chancery to be filed, on Pain of for-
put out, and the Name of another put in, diverfe feiting 500l. And the returning Officer, within
Penalties are incurred; Sheriffs acting contrary to twenty Days after the Election, is to deliver over
this Statute, and not returning a Member duly e-to the Clerk of the Peace, all the Poll-Books on Oath
lected, are fubject to a Forfeiture of 100 l. recover made before two Juftices, to be preferved among
able, by Action of Debt; and Officers of Corpora- the Records of the Seffions of the Peace, c. 10
tions, making falfe Returns, liable to a Penalty of Ann. cap. 23. In double Returns, it has been for-
401. c. It has been adjudged on this Act, that merly a general Practice in the House of Commons,
though no Election fhould be made of any Knight that neither one nor the other fhould fit in the
of the Shire, but between eight and eleven of the Houfe, until it be decided; Anno 1640. two Returns
Clock in the Forenoon; if the Election be begun were made for Great Marlow, and in both Inden-
within that Time, and cannot be determined in thofe tures one Perfon was returned, and he was admitted
Hours, it may be made after. 4 Inft. 48. And if to fit, but the others ordered to withdraw until the
any Electors give their Voices before the Precept Question was determined: And in the fame Year,
for Election is read and publiſhed, it will be of no it was ordered, That where fome are returned by
Force; for after the Precept is thus read, &c. they the Sheriff or fuch other Officer as by Law hath
may alter their Voices and make a new Election. Power to return, and others returned by private
Ibid. 49. The Stat. 78 W. 3. cap. 7. ordains, if Hands; in fuch Cafe, thofe that are returned by the
any Perfon fhall return a Member to ferve in Par Sheriff or other Officer, fhall fit until the Election
liament for any Place, contrary to the Determina-is quafhed by the Houie. Ordin. 1640. If one be
tion in the House of Commons of the Right of E- duly elected Knight, Citizen, or Burgess, and the
lection for fuch Place, the Return fo made fhall be Sheriff, &c. return another, the Return must be
judged a falfe Return; and the Party making it reformed and amended; and he that is duly elect-
may be profecuted, and double Damages with Cofts ed, is to be inferted, for the Election is the Foun-
recovered against him: Officers wilfully and falfly dation, and not the Return. 4 Inft. 49. In Action
returning more Perfons than are required to be of the Cafe, &c. the Plaintiff declared, that he was
choſen by the Writ or Precept, the like Remedy duly ele&ted a Member of Parliament for fuch a
may be had against them; and all Contracts, Pro Borough, and the Defendant returned two other
mifes, c. to return any Member of Parliament, are Perfons; and that he petitioned the Houfe of Com-
not only declared void, but the Makers or Givers mons, and was adjudged to be duly elected, and his
of the Contracts, &c. or of any Gift or Reward to Name ordered to be inferted in the Roll, and the
procure a falfe or double Return, fhall forfeit Name of the other to be razed out: The Plaintiff
300 l. one Third to the King, another to the In-had a Verdi&; but it was adjudged in Arreſt of
former, and the other Third to the Poor of the Judgment, that this Declaration was not founded
Place, to be recovered in any Court of Record at on the A& 7 & 8 W. 3. becauſe that Statute gave
Westminster, &c. By 7 8 W. 3. cap. 25. When an Action where there was none before, and there-
any new Parliament fhall be called, there fhall be fore the Fact must be laid agreeable to it, which
forty Days between the Tefte and Returns of the not being done, the Defendant had Judgment.
Writs; the Lord Chancellor, &c. is to iffue out 2 Salk. 504. The Court will not meddle in an Ac-
Writs for Election of Members of Parliament, with tion upon a double Return, until it is determined
as much Expedition as may be; and the feveral in Parliament. Lutw. 88. And it hath been holden
Writs fhall be delivered to the proper Officers for that for a double Return, no Action lay before the
Execution, who are to indorfe the Day of the Re- Statute 7 & 8 W. 3. cap. 7. becauſe it is the only
ceipt on the Back of the Writ, and forthwith make Method that the Sheriff had to fecure himſelf;
out the Precepts to each Borough, &c. which are and when the Right was decided in the Parlia
to be delivered to the Officers of every fuch Bo-ment, then one Indenture was taken off the File,
rough, within three Days, and they muft likewife fo that it is not then a double Return; neither can
indorfe the Day of Receipt, and immediately caufe the Party have an Action for a falfe Return, for
publick Notice to be given of the Time and Place the Matter may be determined in the Houſe whe-
of Election, and proceed to Election thereupon in ther true or falſe; and if fo, there will be an Incon-
eight Days: For electing of Knights of the Shire, venience in contrary Refolutions, if they fhould de-
the Sheriff is to hold his County-Court at the moft termine in one Way, and the Courts at Law another
publick and ufual Place, and there proceed in the Way; but after a Diffolution the Action may lie for
Election at the next Court, unless it fall out to be a falfe Return, as then the Right cannot be deter-
within fix Days after the Receipt of the Writ, and mined in Parliament. 2 Salk. 502. A double Return
then the fame is to be adjourned, giving ten Days is of the fame Nature with a falfe Return, as to
Notice of the Election; if the Election be not de- Action on the Cafe; in both it is grounded on the
termined on View, but a Poll is demanded, the Falfity; but there is another Reafon why this
Sheriff is to take the fame, and likewife a Scrutiny, Action will not lie for a double Return, (viz) be.
and he or his Under-Sheriff fhail appoint and fwear caufe the Law doth not take any Notice of fuch a
Clerks for that Purpole, &c. The County Court is Return, it is only allowed by the Ufage of Parlia-
not to be adjourned to any other Place, without the ment, and in Cafes wherein the proper Officer can-
Confent of the Candidates; nor shall any unnecef not determine who is chofen; therefore when he
fary Adjournments be made, but the Poll to pro- doubts, he makes a double Return, and fubmits the
ceed; alfo every Sheriff, &c. is to deliver a Copy Choice to the Determination of the Houfe of Com-
of the Poll to any Perfon defiring it; and Officers mons; and if that Houſe doth admit fuch Returns,
for
every wilful Offence againſt this Act, are fubje&t and make Determinations on them, it will be
to a Forfeiture of 500l. And by 6 Geo. 2. c. 23. the hard for the Law to fubje&t a Man to the Action
County-Court for eleding Knights of the Shire in only for fubmitting a Fact to be de crmined by a
Parliament, may be adjourned over from Day to Court, which hath a proper Jurifdiction to deter-
Day, until the Election, &c. is determined; but mine it: And by Reafon of the Variety of Opini-
not to a Monday, or Friday, &c. only, which will ons, that an Action in this Cafe would lie, and
be void. The 10 & 11 W. 3. directs, That the She-would not; it hath been enacted by Star. 7 & SW.
3. cap.
A
!
i
PA
PA
1
C.
3. cap. 7. That the last Determination of the Houfe without the King. An old Statute ordains, That
of Commons concerning the Right of Election, is every Perfon and Commonalty, having Summons to
to be pursued. 2 Lev. 114. 1 Nelf. Abr. 30. A Parliament, fhall come thither, in Pain to be amer-
Member elected and returned for feveral Places, ced, or otherwife punished; And if the Sheriff doth
is to make his Choice for which Place he will ferve; not fummon them, he fhall likewife be amerced,
and if he doth not, by the Time which the Houfe c. 5 R. 2. c. 4. On the holding of a Parliament,
fhall appoint, the Houfe may determine for what the King the firft Day firs in the upper Houfe, and
Place le fhall continue a Member, and Writs ſhall by himself or the Lord Chancellor, fhews the Rea-
go out for the other Place. Candidates are not to fons of their Meeting; and then the Commons are
make Prefents of Money to, or treat, &c. Ele&tors, commanded to chufe their Speaker, which they
after the Tefte of the Writ of Summons, or iffuing having done, two or three Days afterwards he is
out the Writs of Election, or after any Place of a prefented to the King, and after fome Speeches is
Member becomes vacant; if they do, for this Bri- allowed, and fent down to the House of Commons;
bery they ſhall be incapacitated to ferve as Mem- when the Bufiness of Parliament proceeds. 12 Rep.
bers. 7 W. 3. c. 4. And no Officers of the Excife, 115. A Parliament cannot begin on the Return of
Poft-Office, &c. are to make any Intereft for Memthe Writs, without the Prefence of the King, in
bers of Parliament, on Pain of forfeiting 100 l. and Perfon, or by Repreſentation; and by Reprefenta-
Difability, &c. 5 & 6 W. & M. cap. 20. By ation two Ways, either by a Guardian of England,
late A&t, an Oath is to be taken by Electors of Memby Letters Patent under the Great Seal, when the
bers of Parliament, That they have not received or King is out of the Realm; or by Commiffion, to
had any Money, Gift, Reward, Office, Place or certain Noble Lords in Cafe of Indifpofition, &c.
Imployment, or any, Promife for Money, Gift, when his Majefty is at Home. 4 Inft. 6, 7. And if
Place, &c. to them or their Ufe, to give their any Parliament is to be holden before a Guardian of
Votes; and if they ask, take, or contract for any the Realm, there must be a special Commiffion to
Money, or Reward, by Gift or other Device, to begin the Parliament; but the Tefte of the Writs of
give or refufe their Votes, or if any Perfons by Gift, Summons is to be in the Guardian's Name: And by
c. corruptly procure any one to give his Vote, an antient Law, if the King being beyond the Seas,
they hall forfeit 5001 and be difabled to vote in caufe a Parliament to be fummoned in this Kingdom,
any Election of Members of Parliament, and to by Writ under the Tefte of his Lieutenant; and af-
hold any Office, or Franchife, &c. And Officers ter the King returns hither, the Parliament fhall
5....
...In the
admitting Perfons to Vote, without taking the afore proceed without any new Summons. 8 H.
faid Oath, if demanded, incur a Forfeiture of 100l. fifth Year of King Henry 5. a Parliament was held,
Likewile an Oath is to be adminiftred to Returning before John Duke of Bedford, Brother to the King,
Officers, That they have not received any Money, and Guardian of the Kingdom. Anno 3 Edw. 4. a
Gift, Office, Place, &c. or Promife for fuch, for Parliament was begun in the Prefence of the King,
making any Returns, &c. Stat. 2 Geo. 2. c. 24. Per- and prorogued to a further Day; and then William
fons are to be profecuted within two Years, after Archbishop of York, the King's Commiffary by Let-
any Offence against this laft Statute, for preventing ters Patent, held the fame Parliament, and made an
Bribery and Corruption in Elections of Perfons to Adjournment, &c. And 28 Eliz. the Queen by Com-
ſerve in Parliament, or ſhall not be liable to any In-miffion under the Great Seal, reciting, that for ur-
capacity or Forfeiture, &c. by the 9 Geo. 2. c. 38. gent Occafions fhe could not be prefent in her
And when Election of any Members of Parliament Royal Perfon, did authorife John Whitgift Arch-
ſhall be made, the Secretary at War fhall iffue Or-bishop of Canterbury, William Lord Burleigh Lord
ders for the Removal of all Soldiers quartered in
any City, Town, or Borough, where fuch Election
fhall be, one Day at leaft before, to the Diſtance of
two or more Miles; and not to make a nearer Ap-
proach, until after the Poll taken is ended, &c. But
this not to extend to the Liberty of Westminster,
c. in Refpe&t of his Majefty's Guards; nor to
fortified Places, &c. Stat. 8 Geo. 2. cap. 30.
Parliaments holder, and Proceedings in. All Parlia-and after the Commiffion read, the Parliament pro-
ments are to be held without Force. 7 Ed. 1. Before ceeded. A Parliament may be holden at any Place
the Conqueft, Parliaments were held twice every Year: the King fhall affign; but it ought not to be dif
The 4 Ed. 3. enacted, That a Parliament ſhould be folved as long as any Bill remains undifcuffed, and
holden once a Year, and oftner if neceffary; and Proclamation must be made in the Parliament, that
the 36 Ed. 6. requires a Parliament to be held every if any Perfon have any Petition, he fhall come
Year. But by the Means of Cardinal Wolfey, the in and be heard, and if no Anfwer be given, it
Favourite of King Hen. 8. a Parliament was held but is intended that the Publick are fatisfied. Lex
once in fourteen Years during that Reign; which Conftitution. 157. In former Times, by the Death
was upon a remarkable Occafion, viz. to attaint the of the King during the Sitting of the Parliament,
Duke of Buckingham. The Stat. 16 Car. 2. cap. 1. the Parliament was ipfo facto diffolved: Bur by the
ordains, That the Sitting and Holding of Parlia- Stat. 4 Ann. c. 8. A Parliament fitting or in Being,
ments fhall not be difcontinued above three Years. at the Demife of the King, fhall continue for fix
And the 6 W. & M. cap. 2. enacts, That new Par Months; unleſs Prorogued or Diffolved, by fuch
liaments ſhall be choſen once in three Years; and no Perfon to whom the Crown fhall come; by 1 and 12
Parliament continue longer than three Years. But W. 3. All Orders of Parliament determine by Pro-
by 1 Geo. 1. c. 38. The Time of Continuance of rogation; and one taken by Order of the Parlia-
Parliaments is inlarged to feven Years; to be comment, after their Prorogation, may be diſcharged
puted from the Day appointed for their Meeting,
by the Writ of Summons. The occafional Law,
1 W. & M. Seff. 1. cap. 1. declared, That the Lords
and Commons convened at Westminster, were the two
Houſes of Parliament, notwithstanding the Want of
Any Writ of Summons, or other Defect of Form,
c. Tho' the Stat. 12 and 13 Car. 2. c. i. made it
very Penal, for any Perfons to affirm that the
Houfes of Parliament have a Legiſlative Power
•
Treasurer of England, and Henry Earl of Derby
Lord Steward, to hold a Parliament, &c. Ad fa-
ciendum omnia & fingula, &c. necnon ad Parliamen-
tum Adjornand' & Prorogand', &c. And in the up-
per Parc of the Page, above the Beginning of the
Commiffion is written, Domina Regina Reprefenta-
tur per Commiſſionarios, viz. &c. Thefe Commif
fioners fat on a Form before the Cloth of State,
on an Habeas Corpus, as well as after a Diffolution :
But the Diffolution of a Parliament doth not alter
the State of Impeachments, brought up by the
Commons in a preceding Parliament. Raym. 120.
And it hath been refolved by the
1 Lev. 384.
Lords Spiritual and Temporal, that Cafes of Ap-
peals and Writs of Error, fhall continue, and are
to be proceeded in Statu quo. r. as they flood at
the Diffolution of the laft Parliament. Raym. 381.
A Pro-
3
4
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4
A
A Prorogation of the Parliament is always by the
King, and in this Cafe the Seffions must begin de
Novo; and if a Parliament is prorogued upon the
Return of the Writ of Summons, it begins at the
End of the Prorogation: An Adjournment is by each
Houfe, and the Seffions continues notwithstanding
fuch Adjournment. 1 Mod. 242. By a Prorogation
of a Parliament, there is a Seffion; and every feve-
ral Seffion of Parliament is in Law a feveral Parlia-
ment: Though if it be only an Adjournment, there
is no Seffion; and when a Parliament is called and
doth fit, but is diffolved without any A&t paffed,
or Judgment given, it is no Seffion of Parliament,
bur a Convention. 4 Inft. 27. If a Parliament is af
fembled, and ſeveral Orders are made, and Writs
of Error brought in the Houfe of Peers, and feve-
ral Bills agreed on, but none figned; this is but a
Convention, and no Parliament, or Seffions of Par-c.
liament: But every Seffion, in which the King figns
a Bill, is a Parliament; and ſo every Parliament is a
Seffion. 1 Roll. Rep. 29. Hutt. 61. And a Seffion
doth continue, until it is prorogued or diffolved.
The Parliament from the firit Day of fitting is called
the firft Seffion of Parliament, &c. Raym. 120. And
the Courts of Juftice ex Officio are to take Notice of
the Beginning, Prorogation, and Ending of every
Parliament; alfo of all general Statutes: And Acts
of Parliament take Effect from the Beginning of
the Parliament, unless it be otherwife ordered by the
A&ts. 1 Lev. 296. 4 Rep. Hob. 111. On a Proroga-
tion, fuch Bills as have paffed either or both Houses,
not having received the Royal Affent, muft fall:
For there can be no A&t of Parliament, without the
Confent of the Lords, and Commons, and the Royal
Fiat of the King, giving his Confent Perfonally, or
by Commiffion; and by the Stat. 33 H. S. cap. 21.
the King may pafs A&s by Commiffion under the
Great Seal, figned by his Hand; and fuch Acts fhall
be of equal Force as if the King were prefent in
Perfon. Every Man in Judgment of Law is Party
to an Act of Parliament; after the Royal Affent is
A&
given, it is the Prince's, and whole Realm's Deed:
The Determination of the High Court of Parliament,
being prefumed to be the A&t of every particular
Subject, who is either prefent perfonally, or con-
fenting by his Reprefentative. Publick Bills or A&ts
of Parliament are commonly drawn by fuch Mem-
bers of the House of Commons as are moft inclined
to the Effecting the Good of the Publick, particu-
larly in Relation to the Bill defigned, taking Ad-
vice thereupon; and Acts for the Revival, Repeal,
or Continuance of Statutes, are penned by Lawyers,
Members of the Houfe, appointed for that Purpofe:
And in the bringing in and paffing of Statutes, the
following Formalities are oblerv'd, viz. Any Mem-
ber of Parliament may move for a Bill to be
brought in, except it be for impofing a Tax, which
is to be done by Order of the Houfe; and being
granted, the Perfon making the Motion, and thofe
who fecond it, are ordered to prepare and bring in
the fame: When the Bill is ready, fome of the
Members ordered to prepare it, prefent it; and
upon a Queſtion being agreed to, it has the firft
Reading by the Clerk at the Table; after this the
Clerk delivers the Bill to the Speaker, who, ftand-
ing up, declares the Subftance of it; and if any
Debate happens, he puts the Queftion, whether the
fame fhall have a fecond Reading; And fometimes
upon Motion appoints a Day for it; for publick
Bills, unlets upon extraordinary Occafions, are
feldom read more than once in a Day, the Mem-
bers being allowed convenient Time to confider of
them: If nothing be faid against a Bill, the ordi-
nary Courſe is to proceed without a Question; but
if the Bill be generally difliked, a Queſtion is fome-
times put, whether the Bill fhall be rejected? And
if it be rejected, it cannot be propofed any more
that Seffions: When a Bill hath been read a ſecond
Time, any Member may move to have the fame
amended; but no Member of the Houſe is admitted
to fpeak more than once in a Debate, except the
Bill be read more than once that Day, or the whole
Houfe is turned into a Committee; and after fome
Time spent in Debates, the Speaker collecting the
Senfe of the House, reduces the fame to a Queſtion,
which he ſubmits to the Houſe, and
put to the
Vote: And a Queſtion is to be put, after the Bill
is fo read a ſecond Time, whether it fhall be com-
mitted? which is either to a Committee of the
whole Houfe or a private Committee, as the Impor-
tance of the Bill fhall require; and this Committee
is to report their Opinion of the Bill, with the A-
mendments, to the Houfe, the Chairman having
caufed the Clerk attending to read the Bill, and
read it himself, putting every Claufe to the Queftion,
The Chairman makes his Report at the Side-
Bar of the Houfe, reading all the Alterations made,
and then delivers the fame to the Clerk of the Par-
liament; who likewife reads all the Amendments,
and the Speaker puts the Queftion, whether they
fhall be read a fecond Time? And if that be agreed
unto, he reads the Amendments himſelf, and purs
the Queſtion, whether the Bill fo amended fhall be
ingroffed, and read a third Time fome other Day?
And then the Speaker takes the Bill in his Hand,
holds it up, and puts the laft Queſtion, whether
the Bill fhall pafs? If a Majority of Voices are
for it, then the Bill paffes; and it is fent up to
the Houfe of Lords, where, when it is twice read,
the Queftion is to be for Commitment; or if it be
not committed, then it is to be read a third Time,
and the next Queftion to be for its Paffing; and
upon the third Reading of the Bill, any Member
may fpeak against the whole Bill to throw out the
fame, or for Amendment of any Claufe thereof;
and if it be amended, it is to be fent back again
to the Commons for their Concurrence, and being
returned, is then paffed in the House of Lords,
and ready for the Royal Affent. If a Bill paffes
in one Houfe, but a Demur happens upon it when
fent to the other Houfe, in this Cafe a Conference
is demanded; wherein certain deputed Members
of each Houfe meet in the Painted Chamber, and
Debate the Matter; and when they have agreed,
the Bill paffed is brought to the King in the Houſe
of Lords, where having his Royal Robes on, he
declares the Royal Affent, by the Clerk of the
Parliament. Pract. Solic in Parliam. 397, 398. As
for private Bills, Leave is to be obtained by Peti-
tion, &c. to bring in the fame; and the Subſtance
thereof is to be fet forth, until which a Bill is not
to be offered; and when the Petition is read, and
Leave given to bring in the Bill, whereupon it is
accordingly brought into the Houfe, the Perfons
concerned and affected by it may be heard by
themselves or Counfel at the Bar, or before a Com-
mittee, to whom fuch Bill is referred; (and in
Cafe of a Peer, he fhall be admitted to come
within the Bar of the House of Commons, and fir
covered on a Stool whilft the fame is debating).
And after Counſel is heard on both Sides, and the
Houfe is fatisfied with the Contents of the Bill, it
is committed, and paffed, &c. All Bills, Motions
and Petitions, are by Order of Parliament to be en-
tred on the Parliament Rolls, although they are de-
nied, and never proceed to the Eſtabliſhment of
a Statute, together with the Anfwers Lex Conftitu-
tion. 154 The Speaker of the Houfe of Commons
is not allowed to perfuade or diffuade in paffing of
a Bill, only to make a fhort Narrative of it; open-
ing the Parts of the Bill, fo that all may under-
ftand it; if any Question be upon the Bill, he is ro.
explain, but not enter into Argument or Difpute:
and he is not to vote, except the Houfe is equally
divided: When Mr. Speaker defires to speak, be
ought to be heard without Interruption; and when
7 E
the
*
1
PA
the Speaker ftands up, the Member standing up is
to fit down : If two ftand up to fpeak to a Bill, he
that would ſpeak against the Bill, if it be known,
is to be first heard; otherwife he that was first up,
which is to be determined by the Speaker
determined by the Speaker: No
Member is to be taken down, unlefs by Mr. Speaker,
in fuch Caſes, as the House do not think fit to ad-
mit; and if any Perfon fpeak impertinently, or
befides, the Queftion, the Speaker is to interrupt
him, and know the Pleasure of the House whether
he hall be further heard: But if he fpeaks not to
the Matter, it may be moderated: And whofoever
hiffes or difturbs any Perfon in his Speech, fhall
answer it at the Bar of the Houfe. In the enacting
of Laws, and other Proceedings. in Parliament;
the Lords give their Voices in their Houfe, from
the puifne Lord feriatim, by the Word Content, or
Net Content The Manner of Voting in the Houfe
of Commons, is by Yea and No; and if it be diffi-
cult to determine which are the greater Number,
the Houfe divides, and four Tellers are appointed
by the Speaker, two of each Side, to Number
them, the Ay's going out and the No's ftaying in;
and thereof Report is made to the Houfe. When
the Members of the Houfe go forth, none is to ftir,
until Mr. Speaker rifes from his Seat; and then all
the Beft are to follow after.
Parliament de la Bonde, A Parliament in King
Edw. ad's Time, fo called, whercunto the Barons
came armed againſt the two Spencers, with coloured
Bands for Diftin&tion. Baronag. Engl. 1 part.
Parliamentum Diabolicum, Was a Parliament
held at Coventry 38 H. 6. wherein Edward Earl of
March, (afterwards King) and divers of the Chief
Nobility were attainted; but the Acts then made
were annulled by the fucceeding Parliament. Holinjh.
Cron.
Parliamentum Indo&tozum, A Parliament 6 H. 4.
whereunto by fpecial Precept to the Sheriffs in
their feveral Counties, no Lawyer or Perfon skil-
led in the Law was to come; and therefore it was
ſo termed. Rot. Parl 6 H. 4.
Parliamentum infanum, Was a Parliament af
fembled at Oxford, Anno 41 H. 3. fo ftiled, from
the Madness of their Proceedings; and becaufe the
Lords came with great Numbers of armed Men to
it, and Contentions grew very high between the
King, Lords and Commons, whereby many extra-
ordinary Things were done and enacted. 4 Co.
Inft.
+
PA
•
Demurrer, the Writ doth not abate, buc the Plea
is put fine Die, until the Infant is of full Age; and
then there fhall be a Refummons. 2 Lill. Abr. 280.
2. Inst. 258. Rafi. Entr. 363. The Granting of a
Parol Demurrer is in Favour of an Infant, and for
his Benefit, that he may not be prejudiced in his
Right for Want of well knowing his Etate, &c.
And if his Ancestor dies feifed, and the Lands de-
feend to him, and he enters and takes the Profits,
it would be a Prejudice to the Infant to lose the
Poffeffion which he bath; fo that in that Cafe it
shall ftay until his Age. 6. Rep. 3. The Tenant in
an Action, cannot pray Parol Demurrer, until the
Infant Demandant comes of Age: This is exprefly
And it would da-
provided for by 6 Ed. 1. cap. 2.
inage the Infant, if he fhould be fo delayed upon
an Action brought by him, where an Estate is de-
fcended to him from his Ancestor. 6 Rep. 3, 5. In
Pavol Demurrer when it may be had, if two are
vouched, and there is Parol Demurrer for the Non-
age of one; it fhall be for the other alfo. 45 Ed. 3.
23. See Age Prier.
$
Darricide, (Patricida) Is properly he that kills
his Father, and may be applied to him that killeth
his Mother. Law Lat. Di&.
-4
2
And
Parlon, (Perfona) Signifies the Rector of a
Church, becaufe for his Time he reprefents the
Church, and in his Perfon, the Church may fue for
and defend her Right, c. Or he is called Parfon
as he is bound by Virtue of his Office, in propria
Perfona fervire deum. Fleta, lib. 9. cap. 18. 1 Inft. 300.
Alfo the Word Parfon in a large Senfe, includes all
Clergymen having Spiritual Preferments.
there may be two feveral Parfons in one Church,
one of the one Moiety, and the other of the other;
and a Part of the Church and Town allotted to
cach; and may be two that make but one Parfon
in a Church, prefented by one Patron. I Inft. 17,
18. To a Parfon of a Church, thefe Things are
requifite; Holy Orders, Prefentation, Inftitution,
and Induction; and where a Perfon is compleat
Parfon, he may ceafe to be Parfon of the Church,
by Death, or Ceffion, Refignation, Deprivation for
Simony, Nonconformity to the Canons, for Adul
tery, c. 1 Inft. 120. 4 Rep. 75, 76. A Parſon
hath the entire Fee of his Church; and where 'tis
faid he hath not the Right of Fee- fimple, that is
underſtood as to bringing a Writ of Right. Cro. Car.
582. And in the Time of the Parfon, the Patron
hath nothing to do with the Church; but if the
Parfon waftes the Inheritance thereof to his own
private Ufe, in cutting Trees, &c. his Patron may
have a Prohibition, fo that to fome Purpoſes he hath
an Intereft in the Parfon's Time. 11 H. 6. 4.
Rep. 49. Sir Edward Coke was of Opinion, That at
Common Law a Parfon could not be arrested; and
faid, he had feen a Report grounded, on the Sta-
rutes 50 Edward 3. c 5. and i Henry 2. c. 15. which
are in Affirmance of the Common Law, and in
Maintenance of the Liberties of the Church; that
a Parfon ought not to be arrested in going, ſtaying,
or returning to celebrate Divine Service, nor any
other Perfon who attended him in fuch Service; and
that if he was, he might have an A&tion upon thoſe
Statutes, against the Perfon making the Arreft. 12
Rep. 100. A Parfon ought not to appear at the She-
rith's Turn, or the Court Leet, without an abſolute
Neceffity. F. N. B. 160. No Parfon or Spiritual Per-
fon, fhall take a Farm or Leafe of Lands, &c. to
himself, or any one for his Ufe, on Pain of forfeit-
hising 10l. a Month, one Moiety to the King, and the
other to the Informer. Stat. 21 H. 8. cap. 13. Nor
fhall he buy, to fell again, any Merchandize, Corn,
Cattle, & upon Forfeiture of treble Value: Bur
it is provided, that he may buy Horfes, or any o
ther Cattle, for his neceffary Ufe in manuring his
Glebe and Church Lands. Ibid. On Informa ion
upon this Statute for renting a Farm, the Defen-
Parliamentum Religiofozum. In moft Convents,
they had a common Room, into which the Bre-
thren withdrew for Difcourfe and Converfation;
and the Conference there had was termed Par
liamentum. Matt. Parif. And befides the fupream
Court of Parliament; the Abbot of Croyland was
wont to call a Parliament of his Monks, to con-
fult about the Affairs of his Monaftery: And at
this Day, the Societies of the two Temples, or
Inns of Court, do call that Affembly a Parliament,
wherein they confer upon the common Affairs of
their feveral Houfes. Crompt. Furifd. fol. 1.
Parochial, Belonging to a Pariſh; and there are
fome Places that are Extraparochial.
Parol, Is a French Word, ufed for a Plea in
Court. Kitch. 193. And being joined with Leafe,
as Leafe Parol, is a Leafe by Word of Mouth; to di-
ftinguish it from one in Writing.
Parol Prrect. Any Juftice of Peace may by
Word of Mouth, authorife any one to arreft an-
other who is guilty of a Breach of the Peace in
Prefence, &c. Dalt. 117.
Parol Demurrer, Is a Privilege allowed to an
Infant, who is fued concerning Lands which came
to him by Defcent; and the Court thereupon will
give Judgment, Quod loquela pradicta remaneat
quoufque the Infant comes to the Age of Twenty-
one Years: And where the Age is granted on Parol
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11
dant
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2
· PA
PA
1
dant pleaded in Bar, that he had not fufficient
Glebe for pafturing his Cattle, nor Corn for his
Family; but the Plaintiff traverfed his having spent
the Product thereof in his Family, &c. Lutw.
134 Scc Church.
and Tenants in Common; but after fuch Partition,
they fhall have Aid one of another, and their Heirs,
to deraign Warranty, and to recover, &c. 31 H. S
c. I. 32 H. 8. c. 32. Vide Parceners.
Partners, Arce where two or more agree to come
Parlon Imparlonce, (Perfona imperfonata) Is he in Share and Share alike to any Trade or Bargain.
who is in Poffeffion of a Church, be it prefentative If there are two Partners in Trade, and Judgment
or impropriate, and with whom the Church is full. is recovered against one of them, his Moiety of the
Perfona, according to the New Book of Entries, feems Goods in Partnership only fhall be taken in Execu
to be the Patron that has Right to give the Bene- tion. Show. Rep. 174. See Custom of Merchants.
fice, by Reafon he had anciently the Tithes in re- Part-Owners, Are those that are concerned in
fpe&t of his Liberality in erecting or endowing the Ship Matters, and who have joint Shares therein.
Church, Quafi fuftineret Perfonam Ecclefic; and Per-And when there are Part-owners of a Ship, the Ma-
fona Imperfonata is the Parfon to whom the Benefice jority may fit her out, without the Confent of the
is given in the Patron's Right, Perfona Imperfonata Reft; and if they do, fuch Majority run all the
is ufed for the Rector of a Church prefentative. Hazard, and are to pertake of the Profits. Show.
Reg. Fudic. 24. And Dyer fays, a Dean and Chapter 13, 30. Action lies as well against the Part-owners
are Parfons Imparfonees of a Benefice appropriated. of a Ship, for the Lofs or Spoiling of Goods deliver-
to them; who also fhews that Perfona Imperfonata is ed to the Mafter, as against the Mafter; for as the
one that is inducted and in Poffeffion of a Benefice. Mafter of a Ship is chargeable in Relpect of his
Dyer 40, 221 So that Perfona may be termed Im- Wages, fo are the Port-owners in Refpect of the
perfonata, only in Regard of the Poffeffion he hath Freight; but the Action against the Part-owners
of the Rectory, by the A&t of another. 1 Inft. 300. must be brought againſt all of them, or the Defen-
In a Quare Impedit the Parfon is to plead Perfona Im-dants may take Advantage of it by pleading in A-
perfonata; but if he doth not fay at the Time of batement, &c. Show. Rep. 30, 105. 3 Lev. 259.
obtaining the Writ, it will be inferred by the Writ Party Jury, Is a Jury de medietate Lingue, in
that he is. Cro. Car. 105. And this is a Plea that Actions brought by Foreigners. Stat. 14 Car. 2.
he is admitted and inftituted in the Church, &c. cap. 11.
7 Rep. 26.
Darvile, (Parvifa, Parvifus, non à Parvus adject.
Parfon moztal. The Rector of a Church infti-fed à Gal. le Parvis) Sed placitantes, tunc, i. e. poft me-
tuted and inducted, for his own Life, was called ridiem, fe divertunt ad Parvifum & alibi confulentes
Perfona mortalis: And any Collegiate or Conventual cum fervientibus ad legem & aliis confiliariis, &c. Thus
Body, to whom the Church was for ever appropria-faith Fortefcue in his de Laudibus LL. Angl. cap. 51.
And Selden in his Notes on Fortefeue de-
ten, were termed Perfona Immortalis. Cartular. Ra-pag. 124.
ding. MS. fol. 182.
fines it to be, an Afternoon's Exerciſe, or Moot for
the Inftruction of young Students; bearing the fame
Name originally with the Parvifie at Oxford. Seld.
Notes, pag. 56. Of which Chaucer has Mention in
one of his Prologues.
A Serjeant at Law, that ware and wife,
That often had been at the Parvife.
Parlonage, or Rectory, is a Parish Church,
endowed with a Houfe, Glebe, Tithes, &c. Or it
is a certain Portion of Lands, Tithes, and Offer-
ings, eſtabliſhed by Law, for the Maintenance of
the Minifter that hath the Cure of Souls within
the Pariſh whereof he is Rector: And though pro-
perly a Parfonage or Rectory doth confiſt of Glebe
Land and Tithes; yet it may be a Rectory, though
it have no Glebe, but the Church and Church-
yard: Alfo there may be neither Glebe nor Tithes,
but annual Payments in Lieu thereof. Parf. Counc.
190. The Rights to the Parfonage and Church
Lands are of feveral Natures: For the Parfon hath
a Right to the Poffeffion; the Patron hath the Right
of Preſentation; and the Ordinary a Right of In- Pafcha flozídum, Is the Sunday before Eafter cal-
veftiture, &c. But the Rights of the Patron and led Palm-Sunday; when the proper Hymn or Gofpel
Ordinary are only collateral Rights; neither offung was occurrènt turbe cum Floribus & Palmis, &c.
them being capable of poffeffing or retaining the
Church themselves; though no Charge can be laid
on the Church or Parfonage, but by the Confent
and Agreement of all of them. Hugh's Parf. Law
ISS.
Partes finis nihil habuerunt, &c. An Exception
taken against a Fine levied. 3 Rep.
Participatio, Is Charity fo called, becaufe the
Poor are thereby made Participes of other Men's
Goods: We read it in feveral Places in Mon. Ang.
Tom. 2. pag. 321, &c.
Parties, Are the Perfons which are named in a
Deed or Fine, viz. that make the Deed or levy the
Fine; and also to whom made and levied. The Par-
ties to a Suit, are the Plaintiff and Defendant who
carry on the fame.
Dartitione facienda, Is a Writ that lies for thofe
who hold Lands or Tenements pro indivifo, and would
fever to every one his Part, against them that re-
fufe to join in Partition; as Coparceners, &c. F. N. B.
61. 31 H. 8. c. 1. ·
Partition, (Partitio) Is a Dividing of Lands de-
fcended by the Common Law, or by Custom, among
Coheirs or Parceners, where there are two at the
leaſt: And Partition may be made by Jointenants,
|
Pafcha claufum. The Octaves of Eafter or Low
Sunday, which clofes that Solennity: And Die (tali)
poft Pafcha claufum, is a Date in fome of our old
Deeds. The firft Statute of Westminster, Anno 3 Ed.
1. is faid to be made the Monday after Easter Week;
poft de la clufe de Pafche, &c.
Cartular. Abbat. Glaſton. MS. f. 75.
Pafchal Rents, Are Rents or yearly Tributes
paid by the Clergy to the Bishop or Archdeadon,
at their Eafter Vifitations.
Dafcua. A Meadow or Pafture Gound, fet apart
to feed Cattle. See Patura.
Dafcuage, (Pafcuagium, Fr. Pafcage) The Grafing
or Paftoring of Cattle. Et habere viginti Porcos
quietos de Pafcuagio, &c. Mon. Ang. Tom. 2. pag.
23.
Dafuage, And Pathnage in Woods, &c. See Pan-
nage.
Pallage, (Paſſagium) Is properly over Water, as
Way is over Land; it relates to the Sea, and great
Rivers, and is a French Word fignifying Tranfitum.
In the Stat. 4 Ed. 3. cap. 7. it is ufed for the Hire
that a Man pays for being transported over Sea, or
over any River: And it is mentioned among Customs
and Duties, as Theolonio, Pallagio, & Laftagio. Chart.
Hen. 1. All Perfons fhall have free Page on the
River Severn; and if any be diſturbed, he may have
his Remedy by Action at the Common Law. Stat.
9 H. 6. c. 5. There are other Statutes for regula-
ting the Paffage of this River, and preventing Dif
orders therein by the Welch, &c. 19 H. 7. c. 18. 26
H. S.
:
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PA
H. S. c. 5. Alfo Paffagio is a Writ directed to the
Keepers of the Ports to permit a Man to pass
over Sca, who has the King's Leave. Reg. Orig.
193.
譬
​Paffagium Begis, Was a Voyage or Expedition
to the Holy Land, when made by the Kings of Eng-
dand in Perfon. Pryn's Collect. par. 3 p. 767.
Paffatoz, I he that hath the Interest or Com
mand of the Paffage of a River; or the Lord to
whom a Duty is paid for Paffage. Pat. Edw. 3. par.
3. Mon. Ang. Tom. 1. p. 505.
Pals-port, Signifies a Licence granted by any
Perlon in Authority, for the fafe Paffage of a Man,
or any Ship, c. from one Place or Country to an-
other. Stat. 2 Ed. 6. c. 2. Paffes for Ships to the
Mediterranean Sea, by Statute 4 Geo. 2. cap. 18. See
Mediterranean.
Daftoral Staff, The Staff or Crofier of a Bishop,
wherewith they were invefted.
Dalture, (Paßtura) Is any Place where Cattle
may feed; and Feeding for Cattle is called Pafture,
wherefore we call Feeding Grounds Common of Pa-
fture: But Common of Pafture is properly a Right
of putting Beats to Pasture in another Man's Soil;
and in this, there is an Intereft of the Lord and of
the Tenant. Wood's Inft. 196, 197. Pafura differs
from Pafcun, as appears from what follows,-viz.
Paltura omne genus pafcendi fignifi at, five fiat in Pratis,
five in fiijula, five in Agris, five in Campis; fed Pafcua
eft lous principaliter deputatus pecoribus paſcendis, utputa
in montibus, moris, marifcis & planis non cultis nec aratis.
Lindewood. Provin. Angl. lib. 3. c. 1.
PA
likewife called Ecclefiaftical Patrimony; and the Lands
and Revenues united to the See of Fame, are term'd
St. Peter's Patrimony. Cowel.
Patrínus, Is ufed for Godfather, and Matrina a
Godmother, in the Laws of King Hen, 1.
Patritius, Was an Honour conferred on Men of
the first Quality, in the Time of the English Saxon
Kings. Pro ampliori firmitatis Teftimento, Prix-
cipes & Senatores, Fudies & Patritios fubfcribere feci-
mus. Mon Ang. Tom. 1. p. 13.
Patron, (Patronus) Signifieth in the Civil Law
him that hath manumitted a Servant; and thereby
is accounted his great Benefactor, and claims Duty
and Reverence of him during his Life. Digeft. Tit.
de Fure Patronatus. In the Canon and Common Law,
it is he who hath the Gift and Difpofition of an
Ecclefiaftical Benefice; and the Reafon of it is,
because the Gift of Churches and Benefices belong-
ed unto fuch good Men as either built or endowed
them with great Part of their Revenues. Teems de
Ley 473. And there are three Caufes of Patronage:
Ratione Fundationis, where one folely founds a Church;
Ratione Donationis, when a Man only endows it; and
Ratione Fundi, where a Perfon erects a Church on
his own Ground. Litt. Rep. 137. 2 Lill. Abr. 286.
The Patron is to prefent within fix Kalendar Months
after an Avoidance of the Church; and where the
Church becomes void by the Death of the Incum-
bent, the Patron at his Peril muft take Notice of it,
in making Preſentation; but if there be an Avoid-
ance by Deprivation, . he shall have Notice, and
fix Months after to prefent. 6 Rep. 61. 3 Leon. 46.
Paltus, A Procuration or Provifion, which the If a Church becomes litigious by the Prefentation
Tenants of the King, or other Lords, were bound of two feveral Patrons of their Clerks, a Jus Patro-
to make for them at certain Times, or as often as natus may be awarded by the Bishop to inquire into
they made a Progreſs to their Lands. Hoc modo who is rightful Patron, and he is to admit accord-
per avum liberabo a Pattu Regis & Principum. Chartingly. 2 Roll. Abr. 384, 385. The Patron's Right is
Walgafi Regis Merciorum in Mon. Angl. Tom. 1. the most worthy and firft Act and Part of a Pro-
P. 123.
motion to a Benefice, and is granted and pleaded
by the Name of Libera Difpofitio Ecclefia. Hob. 152.
But during the Vacancy of a Church, the Freehold
of the Glebe is not in the Patron; for it is in Abeyance.
8 H. 6. 24. Litt. 144. A Patron fhall not have an
A&tion for Trefpafs done when the Church is va-
cant: And if a Man who hath a Right to Glebe
Lands, releaſeth the fame to the Patron, that is not
good; becaufe the Patron has not any Eftate in the
Land. 11 H.. 6. c. 4. If the Patron grants a Rent
out of a Church, it is void even against him-
felf. 38 Ed. 3. 4. Sec Advowfon, Parfon, Prefentation,
c.
Patentee, Is one to whom the King grants his
Letters Patent. 7 Ed. 6. c. 3
1
→
Pabâge, (Pavagium) Money paid towards the
Paving of Streets or Highways. Rot. Parl. 10
Edw. 3.
Patents, Are the King's Writings, fealed with
the Great Seal, having their Name from being open:
And they differ from Writs. Crompt. Jurifd. 126.
The King is to advife with his Council touching
Grants and Patents made of his Eftate, &c. And in
Petitions for Lands, Annuities or Offices, the Value
is to be expreffed; also a former Patent is to be
mentioned where the Petition is for a Grant in Re-
verfion, or the Patents thereupon fhall be void.
1 Hen. 4. cap. 6. 6 Hen. 8. cap. 15 And Patents
which bear not the Date and Day of Delivery of
the King's Warrants into Chancery, are not good.
Statute 18 Hen. 6. cap. 1. Where the King's Patent
creates a new Eftate, of which the Law does not Daving The Streets of London, &c. Stat. 24 E
take Knowledge; the Patents are void. S Rep. 1.32 H. 8. 23 Eliz. Vide Scavengers.
5 Rep. 93. But Patents fhall not be avoided by Pauper, Signifies a poor Man, according to
nice and fubtile Conftructions: If a Patent may be which we have a Term in Law to fue in Forma Pau-
taken to two Intents, and it is good as to one In-peris. Sce Forma Pauperis.
tent, and not as to the other; this Patent is valid.
Fenk. Cent. 138. When the King would pass a Free-
hold, it is neceffary that the Patent be under the
Great Seal; and it ought to be granted de Advifa-
mento of the Chancellor of the Exchequer and Lord
Treaſurer, in the ufual Manner. Fitzgib. 291. Trin.
5 Geo. 2. See Grants of the King.
Paton, (Pignus) A Pledge or Gage for Surety of
Payment of Money lent: It is faid to be derived à
Pugno, quix Res que Pignori dantur, pugno vel manu
traduntur. Litt. Dict. The Party that pawns Goods,
bath a general Property in them; they cannot be
forfeited by the Party that hath them in Pawn for
any Offence of his, nor be taken in Execution for
his Debt; neither may they otherwife be put in
Execution, till the Debt for which they are pawned
Patría, Signifies the Country; but in the Law
it is taken for a Neighbourhood, and when we fay In-
quiratur per Patriam, it is meant a Fury of the Neighis fatisfied. Litt. Rep. 332. If a Man pawns Goods
bourhood.
Patcíarch, (Patriarcha) Is a Greek Word applied
to a Chief Father. Anno 385 in the general Council
held at Conftantinople, it was decreed that the Bishop
of that Place fhould for ever be called a Patri-
arch.
Patrimony, (Patrimonium) An Hereditary Eftate;
or Right defcending from Ancestors. The legal
Endowment of a Church, or Religious Houfe, was
for Money, and afterwards a Judgment is had n-
gainst the Pawner at the Suit of one of his Credi-
tors; the Goods in the Hands of the Pawnee fhall
not be taken in Execution upon this Judgment, un-
til the Money is paid to the Pawnee, because he had
a qualified. Property in them, and the Judgment-
Creditor only an Intereft, 3 Bulft. 17. And when a
Perfon hath Jewels in Pawn for a certain Sum, and
he that putteth them in Pawn is attainted; the
1
2
King
PA
PE
▼
Jewels. As in this Cafe it was natural to think the
Lender would not have advanced the Sums on Note
only, but on the Credit of the Pledge in his Hands.
before; it was decreed in Equity, that if the Bor-
rower would have his Jewels he must pay all the
Money due on the Notes. Preced. Canc. 419, 421.
Painage, In Woods and Forcfts for Swine. Vide
Pannage.
King fhall not have the Jewels unless he pay the
Money. Plowd. 487. The Pawnee of Goods hath a
ſpecial Property in them, to detain them for his
Security, &c. and he may affign the Pawn over to
another, who fhall hold it fubject to the fame Con
ditions: And if the Pawnee die before redeemed, his
Executors hall have it upon the like Terms as he
had it. If Goods pawned are perishable, and no
Day being fet for Payment of the Money, they lic Payment of Money before the Day appointed,
in Pawn till fpoiled, without any Default in him is in Law a Payment at the Day; for it cannot, in
that hath them in Keeping; the Party that pawned Prefumption of Law, be any Prejudice to him to
them fhall bear the Damage, for it fhall be adjudg whom the Payment is made, to have his Money be-
ed his Fault that he did not redeem them,fooner; fore the Time; and it appears by the Party's Re-
and he to whom pawned may have Action of Debt ceipt of it, that it is for his own Advantage to re-
for his Money: Alfo if the Goods are taken from ceive it then, otherwife he would not do it: Yet it
him, he may have Action of Trefpafs, &c. Co. Litt. is faid, that the Defendant must not plead, that
89, 2c8. Where Goods are pawned for Money bor- the Plaintiff accepted it in full Satisfaction; but
rowed, without a Day fet for their Redemption, that he paid it in full Satisfaction. 5 Rep. 117.
they are redeemable at any Time during the Life Payment of a leffer Sum in Satisfaction of a greater,
of the Borrower. They may be redeemed after the cannot be a Satisfaction for the Whole, unless the
Death of him to whom pawned; but not after the Payment, be before the Day: Though the Gift of
Death of him who pawned the Goods. 2 Cro. 245. an Horfe, or Robe, &c. in Satisfaction, may be
But where a Day is appointed, and the Pawner good. Ibid. And where Damages are uncertain, a
dieth before the Day; his Executors may redeem lefs Thing may be done in Satisfa&tion of a greater.
the Pawn at the Day, and this fhall be Affets in 4 Mod. Rep. 89. Upon Solvit ad Diem pleaded, it is
their Hands. 1 Bulft. 30, 31. Goods pawned ge- good Evidence to prove Payment at any Time after
nerally, without any Day of Redemption, if the the Day, and before the Action brought; and Pay-
Pawner dies, the Pawn is abfolute and irredeemable; ment, although after the Day, may be pleaded to
if the Pawnee dies, it is not fo. Noy 137. 1 Bulft. 9. any Action of Debt, upon Bill, Bond or Judgment,
If Goods are redeemable at a Day certain, it must or Scire facias upon a Judgment. 2 Lill. Abr. 287.
be ftri&tly obferved; and the Pawnee, in Cafe of Statute 45 Ann. But though Payment after the
Failure of Payment at the Day, may fell them. Day, is good by Way of Discharge, it will not be
1 Roll. Rep. 181, 215. In other Cafes, Brokers fo by Way of Satisfaction. 4 Mod. 250. Payment is
commonly ftay but a Year for their Money lent on no Plea to Debt on a Covenant, or an Obligation,
Pawns, at the End of which, if not redeemed, they without Acquittance; but if the Obligation have a
fell the Goods. Law. Secur. 99. He who borrows Condition, it is otherwife. Dyer 25, 160. If a Bond,
Money on a Pawn is to have again the Pledge when c. be for Payment of Money, and no Day is fet,
he repays it, or he may have Action for the De- Damages cannot be recovered till a Demand is
tainer; and his Tender of the Money revests the made. Bridgm. 20. For Payment of Rent there are
Special Froperty. 2 Cro. 244. And it hath been faid to be four Times; 1. A voluntary Time, that
held, that where a Broker or Pawnee refufes upon is not fatisfactory, and yet good to fome Purpose;
Tender of the Money to redeliver the Goods in as where a Leffee pays his Rent before the Day,
Pan, he may be indicted; becauſe being fecretly this gives Scifin of the Rent, and enables him to
pawned, it may be impoffible to prove a Delivery whom paid to bring his Affife for it. 2. A Time vo
for Want of Wineffes, if A&tion of Trover fhould luntary and fatisfactory in fome Cafes; when it is
be brought for them. Pafch. 5 W. 3. 3 Salk. 268. paid the Morning of the lift Day, and the Leffor
Adjudged, that if Goods are loft, after the Tender dies before the End of the Day, this is a good Pay-
of the Money, the Pawnee is liable to make them ment to bind the Heir or Exccutor, but not the
good to the Owner; for after Tender he is a wrong-King. 3. The legal, abfolute and fatisfactory Time,
ful Detainer, and he who keeps Goods wrongfully which is a convenient Time before the laft Inftant
muft answer for them at all Events, his wrongful of the luft Day, and then it must be paid. 4. Is fa-
Detainer being the Occafion of the Lofs: But iftisfactory, and not voluntary, but coercive, when
they are loft before a Tender, it is otherwife; the forced and recovered by Suit at Law. Co Litt. 200.
Pawnee is not liable, if his Care of Keeping them 10 Rep. 127. Plowd. 172. Payment of Money fhall
was exact; and the Law requires nothing of him, but be directed by him who pays it, and not by the Re
only that he should ufe an ordinary Care in Keep-ceiver, &c. 5 Rep. 117. Cro. Eliz. 68. In the Pay-
ing of the Goods, that they may be reftored on ment of a Teftator's Debts by Executors, they are to
Payment of the Money for which they were depo-pay thefe firft; on Judgments, Mortgages, Rent
fired; and in fuch Cafe if the Goods are loft, the due by Leafe, c. then Bonds and Bills, &c. 1 Roll.
Pawnee hath till his Remedy against the Pawner for Abr. 927. Vide Bond and Rent.
the Money lent. 2 Salk. 522. 3 Salk. 268. If the Peace, (Pax) In the general Signification, is op-
Pawn is laid up, and the Pawnee robb'd, he is not pofite to War; but particularly with us it fignifies
answerable: Though if the Pawnee ufeth the Thing, a quiet and inoffenfive Behaviour towards the King
as a Jewel, Watch, &c. that will not be the worfe and his People. Lamb. lib. 1. c. 2.
I
All Authority
for Wearing, which he may do, it is at his Peril; for keeping of the Peace comes originally from the
and if he is robbed, he is answerable to the Owner, King, who is the fupreme Officer or Magiftrate for
as the Ufing occafioned the Lofs, &c. Ibid. If the Prefervation thereof; though it is faid the King
Pawn is of fuch a Nature that the Keeping is a cannot take a Recognizance of the Peace, becauſe it
Charge to the Pawnee, as a Cow or a Horfe, &c. he is a Rule in Law that no one can take any Recog-
may milk the one, or ride the other, and this fhall
go in Recompence for his Keeping: Things which
will grow the worfe by Ufage, as Apparel, &c. he
may not uſe. Owen 124. A Perfon borrows 100l.
on the Pawn of Jewels, and takes a Note from the
Lender acknowledging them to be in his Hands,
for fecuring the Money; afterwards he borrows fe-
veral other Sums of the fame Perfon, for which he
gave his Notes, without taking any Notice of the
nizance, who is not either a Juftice of Record, or
by Commiffion: Alfo it is certain, that no Duke,
Earl, or Baron, as fuch, have any greater Power to
keep the Peace, than meer private Perfons. Lamb..
lib. 1. ch. 3. Dalt. ch. 1. But the Lord Chancellor,
or Lord Keeper of the Great Scal, the Lord High
Steward, the Lord Marfel, and every Juftice of
the King's Bench, have as incident to their Offices,
&c. a general Authority to keep the Peace through-
1 F
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out the Realm, and to award Procefs for the Sure-
ty of the Peace, and rake Recognizances for it.
2 Hawk, P. Č. 32. And every Court of Record hath
Power to keep the Peace within his own Precinct
As have likewife Sheriffs of Counties, who are in-
trufted with the Cuftody of the 'Counties, and confe-
quently have by it an implied Power of Keeping
the Peace within the fame; and Coroners may bind
Perfons to the Peace who make an Affray in their
Prefence; but thefe laft may not grant Procefs of
the Peace, &c. Ibid. It is faid every Man is to be a
Conftable, to keep the Peace amongst others, and the
Juftices of Peace are to do the fame eſpecially; and
no Man may break it. 3 Shep. Abr. 14. Peace fhall
be kept, and Juftice and Right duly adminiftred
to all Perfons. Stat. 1 R. 2. c. 2, &c. See Justice
of Peace and Good Behaviour.
Peace of God and the Church, (Pax Dei & Eccle-
fie) Was anciently ufed for the Reft and Ceffation,
which the King's Subjects had from Trouble and
Suits at Law between the Terms. According to
Spelmam, Pax Dei Tempus dicitur cultui Divino adhi-
bitum, eaque appellatione omnes Dies Dominici, Fefta &
Vigilia cenfentur. Spelm. Gloff.
Peace of the King, (Pax Regis) Is that Peace and
Security, for Life and Goods, which the King pro
mifes to all his People under his Protection: And
where an Outlawry is reverfed, a Perfon is reftored
to the King's Peace, called Ad Pacem redire. Brac.
lib. 3. c. 11. There is, befides thefe, the Peace of
the King's Highway, which is the Immunity that the
King's Highway hath to be free from Annoyance or
Moleftation. The Peace of the Plough, whereby the
Plough and the Plough Cattle arc fecured from
Diftreffes. F. N. B. 90. And Fairs have been faid to
have their Peace; because no Man might be troubled
in them for any Debt contracted elsewhere.
Decía, A Picce or fmall Quantity of Ground.
Cum duabus Peciis, &c. dicta terræ pertinentibus. |
Paroch. Antiq. 240.
Pettorale, A Word often met with in, old Wri-
tings; and moft Authors agree, that it is the fame
with the Garment called Rationale, which the High
Pricft in the old Law wore on his Shoulders as a
Sign of Perfection, and the High Pricfts of the new
Law wear as a Sign of the greatest Virtue: It is by
fome taken to be that Part of the Pall which covers
the Breaſt of the Prieft, and from thence termed
Pectorale; but it is by all agreed to be the richest
Part of that Garment, embroidered with Gold, and
adorned with precious Stones. Item Capa cum Pec-
lorale optime brendato cum rotundis Pectoralibus auri-
frigiis,&c. humerali vincato de Fino auro brendato, &
lapidibus infertis, &c.
Detozel, Armour for the Breaft, a Breaft-plate
or Petrel, for a Horfe; from the Lat. Pectus: It is
mentioned in the Stat. 14 Car. 2. c. 3.
Deculiar, (Fr. Peculier, i. e. Private) Is a particu-
lar Parish or Church, that hath Jurisdiction within
itself, and Power to grant Adminiftration or Pro
bate of Wills, &c. exempt from the Ordinary.
There are Royal Peculiars, and Archbishops Peculiars:
The King's Chapel is a Royal Peculiar, exempted
from all Spiritual Jurifdiction, and referved to the
immediate Government of the King himself; and
there are alfo fome peculiar Ecclefiaftical Jurifdic-
tions belonging to the King, which formerly apper-
tained to Monafteries and Religious Houfes. Wood's
Inft. 504. It is an ancient Privilege of the Sec of
Canterbury, that where foever any Manors or Ad-
vowfons do belong to it, they forthwith become ex-
empt from the Ordinary, and are reputed Peculiars
of that See; not becauſe they are under no Ordi-
nary, but becauſe they are not under the Ordinary
of the Diocese, &c. For the Jurifdiction is annex-
ed to the Court of Arches, and the Judge thereof may
originally cite to thefe Piculiars of the Archbishop.
Ibid. The Court of Peculiars of the Archbishop of
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Canterbury, hath a particular Jurifdiction in the City
of London, and in other Diocefes, &c. within his Pro
vince, in all fifty-feven Peculiars. 4 Inft. 338. Stat.
22 & 23 Car. 2. There are fome Peculiars which be-
long to Deans and Chapters, or a Prebendary, exempted
from the Archdeacon only; they are derived from
the Bishop, of ancient Compofition, and may be vi
fited by the Bishop in his primary or triennial Vi-
fitation: In the mean Time an Official of the Dean
and Chapter, or Prebendary,, is the Judge; and
from hence the Appeal lies to the Bishop of the
Diocefe. Wood 504 Appeal lieth from other peculiar
Courts to the King in Chancery. Stat. 25 H. S. The
Dean and Chapter of St. Paul's have a peculiar Ju
rifdi&tion; and the Dean and Chapter of Salisbury
have a large Peculiar within that Dioceſe; fo have
the Dean and Chapter of Litchfield, &c. 2 Nelf. Abr.
1240, 1241. There is Mention in our Books of Pe-
culiars of Archdeacons; but they are not properly Pe-
culiars, only fubordinate Jurifdi&tions; and a Peculiar
is prima facie to be underflood of him who hath a
co-ordinate Jurifdi&tion with the Bishop. Hob. 185.
Mod. Ca. 308. If an Archdeacon hath a peculiar Au-
thority by Commiffion, this fhall not take away the
Authority of the Bishop; but if he hath Authority
and Jurifdiction by Prefeription, it is faid it fhall.
2 Roll Rep. 357. Where a Man dies inteftate, leav-
ing Goods in feveral Peculiars, it has been held that
the Archbishop is to grant Adminiftration. Sid. 90.
5 Mod. 239.
O
Pecunia, An Eftate in Money, Goods and Chat-
tels, c. Leg. Ed. Confell. c. 10.
Pecunia Ecclefiæ, Has been uſed for the State of
the Church. Till. Animadv. on Selden's Tithes.
Pecunia Sepulcralís, Money paid to the Prieſt
at the Opening of the Grave, for the Benefit of the
Deceased's Soul. Leg. Canut. 102. And this the
Saxons called Saulfcead, Soulfcot, and Anime Symbo
lum. Spelm. de Concil. Tom. 1. fol. 517.
Decuniary. All Puniſhments of Offences were
anciently Pecuniary, by Mul&t, &c. See Fine.
Dedage, (Pedagium) Signifies Money given for
the Paffing by Foot or Horfe through any Country.
Pedagium à Pede dictum eft, quod a tranfeuntibus fol-
vitur, &c. Caffan..de Conf. Burgun. pag. 118. Pe-
dagia dicuntur què dantur a tranfeuntibus in locum con
ftitutum à Principe, &c. Et capiens Podagium, debet
dare falvum Conductum, & Territorium ejus tenere fecu-
rum. Spelm. This Word is likewife mentioned by
Mat. Parif. Anno 1256. And King Edw. 3. granted
to Sir Nele Loring Pedagium Sancti Ma.barii, &c
Rot. Pafch. 22 Ed. 3.
Pedale, A Foot-Cloth, or Piece of Tapestry laid
on the Ground to tread on for greater State and Ce-
remony. Ingulph. pag. 41.
Pedis abfciffio, Cutting off the Foot, was a Pu-
niſhment of Criminals in former Times infli&cd
here inftead of Death; as appears by the Laws of
William, called The Conqueror, viz. Interdicimus ne quis
occidatur vel fufpendatur pro aliqua Culpa, fed eruantur
Oculi, Abfcindantur Pedes, vel Tefticuli, vel Manus.
Leg. Will. 1. cap. 7. Fleta, lib. 1. c. 38. Bra&. lib.
3. c. 32.
Pedones, A Word uſed for Foot-Soldiers. Simeon
de Durh. Anno 1085.
Decr, or Pier, (Fr. Pierre) Is a Fortress or Defence
made againft the Force of the Sea; for the better Sc-
curity of Ships that lie at Harbour in any Haven:
Such as the Pier of Dover. Stat. 14. Car. 2. cap. 27. and
the Pier of Great Yarmouth, mentioned 22 Car. 2. c. 2.
Deerage, A Duty or Impofition for Maintenance
of a Sea Pier: Alfo the Dignity of the Loids or
Peers of the Realm.
Deers, (Pares) Signifies in our Common Law
thofe that are impanelled in an Inquet for the Trial
of any Man, and convicting or clearing him of the
Offence for which he is called in Question: And by
the Laws and Customs of England, every Man is to
be
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be tried by his Peers or Equals. Kiteh. 78. Magna ed him Precedency before all other Earls. Queen
Charta, 9 H. 3. c. 29. And as every one of the No- Mary 1. likewife granted to Henry Ratcliff, Earl of
bility being a Lord of Parliament, is a Peer or E- Suffex, a Privilege by Patent beyond any other No-
qual to all the other Lord's, though they are of fe- bleman, viz. that he might at any Time be covered
veral Degrées; fo the Commons are Peers to one in her Prefence, like unto the Grandees of Spain; and
another, altho' diſtinguiſhed as Knights, Efquires, fome few others of our Nobility have had conferred
Gentlemen, &c. 2 Inst. 29. 3 Inft. 31.
on them this Honour. The Star. 31 H. S. c. 10: fet-
Peers of Fees. The Word Peer denoted origi-tles the Precedency of the Lords of Parliament, and
nally one of the fame Rank and Condition; after-
wards 'tis ſaid it was uſed for the Vaffals or Tenants
of the fame Lord, who were obliged to ferve and
attend him in his Courts, being equal in Function;
thefe were termed Peers of Fees, becaufe holding
Fees of the Lord, or for that their Bufinefs in
Court was to fit and judge under their Lord of Dif
putes arifing on Fees: But where there were too
many fuch in one Lordship, the Lord ufully chofe
out Twelve, who had the Title of Peers, by Way
of Diftinction and Eminence; from whom it is
faid we derive our common Juries, and other Peers.
Cowel.
+
are in one Perfon, the old fhall be preferred.
11 Rep. 1. A Dignity of Earl, &c. is a Title by the
Common Law; and if a Patentee be disturbed of
his Dignity, the regular Courfe is to petition the
King, who indorfes it and fends it into Chancery.
Staundf. Prarog. 72. 22 Edw. 3. And where Nobi-
liry is gained by Writ, or Patent, without Defcents,
it is triable by Record; but when it is gained by
Matter of Fact, as by Marriage, or where Deſcents
are pleaded, Nobility is triable per Pais. 22 Affif. 24.
3 Salk. 243. A Perfon petitioned the Lords in Par-
liament to be tried by his Peers; the Lords diffal-
lowed his Peerage, and difmiffed the Petition: And
great Officers, &c. After whom, the Dukes, Mar-
queffes, Earls, Viſcounts, and Barons, take Place.
according to their Antienty; but it is declared, that
Precedence is in the King's Difpofition. Thomas de
la Warre was fummoned to Parliament by Writ, An
no 3 Hen. S. and William his Son, Anno, 3 Ed. 6.
was difabled by Attainder to claim any Dignity du-
ring his Life, but was afterwards called to Parlia-
ment by Queen Elizabeth, and fat there as puifne
Lord, and died; then Thomas, the Son of the faid
William, petitioned the Queen in Parliament to be
reftored to the Place of Thomas his Grandfather;
and all the Judges to whom it was referred were of
Peers of the Realm, (Pares Regni, Proceres) Are Opinion that he should, becaufe. his Father's Difabi-
the Nobility of the Kingdom, and Lords of Parlia-lity was not abfolute by Attainder, but only perfo-
ment; who are divided into Dukes, Marqueffes, nal and temporary during his Life; and the Accep-
Earls, Viscounts and Barons: And the Reafon why tance of the new Dignity by the Petitioner fhall not
they are called Peers, is for that notwithstanding hurt him, fo that when the old and new Dignity
there be a Diftinction of Dignities in our Nobility,
yet in all publick Actions they are equal; as in their
Vores of Parliament, and in Paffing upon the Trial
of any Noblemen. S P. C. lib. 3. And this Appella-
tion feems to be chiefly borrowed from France, from
thoſe twelve Peers that Charlemaine inftituted in that
Kingdom, (called Pares vel Patricii Francia) but we
have applied this Name to all our Lords of Parlia-
ment, and have no fet Number of Peers, for they
are more or lefs at the King's Pleafure. All Nobi-
lity and Peerage is granted by the Crown; and created
either by Writ, or Letters Patent: The Calling up
a Lord by Writ is the most ancient Way, and gives
a Fec-fimple in a Barony, without Words of Inheit was held in this Cafe, that the Defendant's Right
ritance, viz. To him and his Heirs; but the King ftood upon his Letters Patents, which could not be.
may
limit the general Eftate of Inheritance to Heirs cancelled but by Scire facias; and that the Parlia-
Male, or the Heirs of the Body: And as foon as ment could not give Judgment in a Thing which
the Perfon called fits in Parliament by Virtue of did not come in a judicial Way before that Court.
this Writ, his Blood is ennobled, and he is a Peer; 2 Salk. 510, 511. 3 Salk. 243. Where Peerage is.
but if he dies before he fits in Parliament, he is claimed ratione Baronii, as by a Bishop, he must plead,
not, the bare Direction and Delivery of the Writ that he is unus Parium Regni Anglia; but if the
having no Effe&t. 1 Inft. 9, 16. But Creation by Claim is ratione Nobilitatis, he need not plead other-
Letters Patent is good, and makes the Peerage fure, wife than purfuant to his Creation. 4 Inft. 15. 3
although he never fits in Parliament, and his Heirs Salk. 243. There are no feudal Baronies at this Day:
fhall inherit the Honour pursuant to the Words of But there are Barons by Succeffion, and thofe are
the Patent: Tho' the Perfons created muft in this the Bishops, who by Virtue of ancient Baronies held
Cafe have the Inheritance limited by apt Words; as of the King, (into which the Poffeffions of their Bi-
to him and his Heirs, or the Heirs Male of his Bo- fhopricks have been converted) are called by Writ
dy, Heirs of his Body, &c. otherwife he fhall have to Parliament, and have Place in the Houfe of Peers
no Inheritance. 1 Inft. 2 Inft 48. The King may as Lords Spiritual: The Temporal Poffeffions of
create either Man or Woman Noble for Life only: Bishops are held by their Service, to attend in Par-
And Peerage may be gained for Life, by A&t of Law; liament when called; and that is in the Nature of a
as if a Duke take a Wife, fhe is a Dutchefs in Law Barony; and all the Bifhops together, it hath been
by the Intermarriage; fo of a Marquefs, Earl, &c. faid, make one of the three Eltates in Parliament;
1 Inft. 16. 9 Rep. 97. Alfo the Dignity of an Earl but this is denied, because they have feparately
may defcend to a Daughter, if there be no Son, from the other Lords no negative Vote, &c. And
who fhall be a Counters; and if there are many though the Bishops are Lords of Parliament, and
Daughters, it is faid, the King fhall difpo'e of the called by the King's Writ, and have a Vote there;
Dignity to which Daughter he pleafes. Inft. 165. they fhall not be tried by the Peers, as they do not
Wood's Inft. 42. It has been refolved in the Houle fit in Parliament by Reafon of their Nobility, but
of Peers, that if a Perfon is fummoned as a Baron of their Baronics which they hold in Right of the
to Parliament by Writ, and fitting die, leaving two Church: They are not of the Degree of Nobility;
or more Daughters, who all dying, one of them on- their Blood is not ennobled, nor their Peerage here-
ly leaves Iffue a Son, fuch Iffic has a Right to de-ditary; fo that they are to be tried by the Country,
mand a Seat in the Houfe of Peers. Skinner's Rep. i. e. by a common Jury: And when one of the No-
441. Before the Time of King Edw. 3. there werebility is to be tried by his Peers in Parliament, the
but two Titles of Nobility, viz. Earls and Barons: Spiritual Lords muft withdraw, and make their
The Barons were originally by Tenure, afterwards Proxies. 1 Inft. 70, 97, 110. 3 Inft. 30. 4 Inft. 1, 2.
created by Writ, and after that by Patent; but as Some Bifhops have been tried by Peers of the Realm;
to Earls, they were always created by Letters Pa- but it hath been when impeached by the House of
tent. Seld. 536. And King Hen. 6. created Edmond Commons, as upon fpecial Occafions many others
of Hadham, Earl of Richmond, by Patent, and grant-have been who have not been Peers: And the Bi-
shops
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:
22 Car. 2.
Peers
fhops may claim all the Privileges of the Lords W. Jones 152. 2 Salk. 512. A Subpœna fhall not be
Temporal faving they cannot be tried by their awarded againſt a Peer out of the Chancery, in a
Peers, because the Bishops cannot in like Cafes pafs Caufe; but a Letter from the Lord Chancellor, or
upon the Trial of any other Peers, they being pro- Lord Keeper, in Lieu thereof. In any Trial where
hibited by Canon to be Judges of Life and Death, a Peer of the Realm is Plaintiff or Defendant,
c. When a Lord is newly created, he is introdu- there must be two or more Knights on the Jury.
ced into the House of Peers, by two Lords of the 2 Mod. 182. Tho' it is faid, if a Knight is return'd
fame Form in their Robes, Garter King at Arms on a Jury where a Nobleman is concerned, it is
going before, and his Lordship is to prefent his not material whether he appear and give his Ver
Writ of Summons, &c. to the Lord Chancellor; dict or not. I Mod. 226. A Peer may not be impa-
which being read, he is conducted to his Place; nelled upon any Inquefts, though the Caufe hath
And Lords by Defcent, where Nobility comes down Relation to two Peers; and if any Peer be return'd'
from the Anceflor, and is enjoyed by Right of upon a Jury, a fpecial Writ fhall iffue for his Dif.
Blood, are introduced with the fame Ceremony, charge from Service. No Peer can be affeffed to-
the prefenting of the Writ excepted. Lex Conftitu wards the Militia, but by an Affeffment made by
tion. 79. A Nobleman, whether a Native or Fo-Six or more Peers; and the Houfes of Peers ſhall
reigner, who has his Nobility from a Foreign State, not be fearched for Conventicles, but by Warrant
although the Title of Dignity be given him, (as the under the Sign Manual, or in the Prefence of the
highest and loweft Degrees of Nobility are univer-Lord Lieutenant, or one Deputy Lieutenant, and
fally acknowledged) in all our legal Proceedings Two Juftices of the Peace. 13 & 14 Car. 2. and
no Notice is taken of his Nobility, for he is no
A Peer of the Realm being fent for by
Peer: And the Laws of England prohibit all Subje&s the King, in coming and returning may kill a
to receive any hereditary Title of Honour or Dig-Deer or Two in a Foreft through which he paffes;
nity, of the Gift of any Foreign Prince, without being done by the View of the Forefter, or on
the Confent of the Sovereign. Ibid. 80, Sr. Though blowing a Horn. 9 H. 3. If any Perfon fhall di
Dignities of Peerage are granted from the Crown; vulge falfe Tales of any of the Lords of Parlia-
they cannot be furrendered to the Crown, except ment, by which Diffention may happen, or any
it be in order to new and greater Honours; nor are Slander arife, the Offender fhall be imprifoned,
they transferrable over, unless they relate to anc. Stat. Weftm. 1. c. 34. A Nobleman menacing
Office: And notwithstanding there are Inftances of another Perfon, whereby fuch other Perfon fears
Earldoms being transferred, and wherein one his Life is in Danger, no Writ of Supplicavit fhall
Branch of a Family fate in the Houfe of Peers, by iffuc, but a Subpoena; and when the Lord appears,
Virtue of a Grant from the other Branch, par- inftead of Surety, he fhall only promife to keep
ticularly in the Reigns of Hen. 3. and Ed. 2. Theſe the Peace. 35 H. 6. No Capias or Outlawry can
Precedents have been difallowed; and the Duke of be fued out against Peers of the Realm, in Civit
Bedford, who in the Reign of King Edw. 4. was Caufes; and no Effoin lies against them. 9 Rep. 49.
degraded for Poverty, and Want of Poffeffions to The Perfon of a Peer, as well out as in Parliament
fupport his Title, loft not his Peerage by Surrender, time is privileged from all Arrests; unless for Trea
but by the Authority of Parliament: And as Dig-fon, Felony, or Breach of the Peace, &c.
nitics may not be furrendered or transferred, with- are not to be arrested upon mean Procefs, or on
out Authority of Parliament; fo it hath been Execution for Debt or Trefpafs, becauſe they are
holden, that Honour and Peerage cannot be extin- prefumed not only to attend the King and the
guished but by Act of Parliament, the King and Publick Affairs, but the Law doth intend that they
Kingdom having an Intereft in the Peerage of every have fufficient Lands in which they may be di-
Lord. Lex Conftit. 85, 86, 87. An Earldom confifts ftrained; But they may be arrefted or apprehend-
in Office, for the Defence of the Kingdom; and ed in Criminal Cafes. 6 Rep. 52, 53. And though
of Rents and Poffeffions, &c. and may be intailed a Peer may not be arrested in his Body; yet his
as any other Office may, and as it concerns Land: Eftate may be fequeftred for Debt, &c. upon a Pro-
But the Dignity of Peerage cannot be transferred fecution after a Diffolution and Prorogation of Par-
by Fine, because it is a Quality affixed to the Blood, liament, or Adjournment for above the Space of
and fo meerly Perfonal, that a Fine cannot touch fourteen Days, when he refufes to appear and anſwer.
it. 2 Salk. 509. 3 Salk. 244. A perfonal Honour 12 W. 3. See the 11 Geo. 2. c. 24. And of late Years, ont
or Dignity may be forfeited, on committing Trea- Non-appearance, &c. the Coaches and Horfes of fe
fon, &c. for it is implied by a Condition in Law, veral Peers of this Kingdoin, have out of the Time of
that the Perfon dignified fhall be loyal; and the Privilege been diftrained, and Cattle feifed upon
Office of an Earl, &c. is ad Confulendum Regem tem-their Lands, to compel them to appear: But the
pore Pacis, & Defendendum tempore Belli, therefore he Privilege of a Peer is fo great in Refpe&t of his
forfeits it when he takes Counſel or Arms against Perfon, that the King may not reftrain him of his
the King. 7 Rep. 33. 2 Nelf. Abr. 934. All Peers of Liberty, without Order of the House of Lords, ex-
the Realm are looked upon as the King's bereditary cept it be in Cafes of Treafon, &c.
Counsellors: And as to the Privileges belonging to Cale wherein was that of the Earl of Arundel impri-
the Peerage, they are very great. At Common foned by the King in the Reign of Charles 1. Eve-
Law, it was lawful for any Peer to retain as many rý Lord of Parliament is allowed his Clergy in all
Chaplains as he would; but by Stature 21 Hen. S. Cafes, where others are excluded by the Star. 1 Ed
their Number is limited, viz. a Duke to have Six, 6. 12. except wilful Murder; and cannot be denied
Marquefs or Earl Five, Viscount Four, Baron Clergy for any other Felony wherein it was grant-
Three, &c. In many Cafes, the Proteftation of able at Common Law, if it be not oufted by fome
Honour ſhall be fufficient for a Peer; as in Trial of Statute made fince the firit of King Ed. 6. S. P. C.
And the Lord Morley, who was tried by his
Peers, they proceed upon their Honour, not upon 130.
Oath; and if any Peer is a Defendant in a Court of Peers for Murder, and found guilty of Man-flaugh-
Equity, he fhall put in his Anfwer upon his Ho-ter, was difcharged without Clergy. Sid. 277. 2 Nelſ.
nour; (though formerly it was to be on Oath): Abr. 1181. Peers of the Realm are to be tried by
And in Action of Debt upon Account the Plaintiff their Peers in Parliament. Magna Charta, c. 29. and
But Noblemen of France, Ireland;
being a Peer, it shall fuffice to examine his Attor- 15 Ed. 3. c. 2.
ney, and not himself on Oath: But where a Peer &c. and Sons of Dukes or Earls who are Noble,
is to anſwer Interrogatories, or make an Affidavit, and have the Tide of Lords, but are not Lords of
or to be examined as a Witneſs, he must be upon | Parliament, fhall not be permitted to have this
his Oath. Bract. lib. 5. c. 9. ´9 Rep. 49. 3 Inft. 29. | Trial. 2 Inft. 55. A Peer shall be tried by his Peers,
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+
on Iadi&tment, for Treafon, Murder or Felony; tho'
in Appeal of Felony, he fhall be tried by Freehold-
ers: And Indictments of Peers for Treafon or Felony
are to be found by Freeholders of the County, and
then they plead before the Lord High Steward, c.
1 Inft. 156. 3 Inst. 28.
I
i
but
by a Majority of Votes more than Twelve, is
brought to the Bar again, and the Lord Steward
acquainting the Prifoner with the Verdict of his
Peers, paffes Sentence and Judgment accordicgly:
After which, an O Yes is made for diffolving of the
Commiffion, and the White Rod is broken by the
On the Trials of Peers in Criminal Matters, all Lord High Sreward; whereupon breaks up this
the Peers who have Right to fit and vote in Par- Grand Affembly, which is esteemed the moſt folemn
liament, are to be duly fummoned twenty Days at and anguft Court of Juftice upon Earth. 2 Hawk.
leaft before the Trial, to appear and vote at the P. C. 421, 422, c. The Lord High Steward gives
fame; every fuch Peer firft taking the Oaths re- no Vote himſelf on a Trial by Commiffion
quired by the A& 1 W. & M. &c. The Peer being only on a Trial by the House of Peers, while the
indicted for the Treafon or Felony, before Com- Parliament is fitting: Where a Peer is tried by the
miffioners of Oyer and Terminer, or in the King's Houfe of Lords in full Parliament, the House may
Bench, if the Treafon, &c. be committed in the be adjourned as often as there is Occafion, and the
County of Middlefex; then the King by Commiffion Evidence taken by Parcels; and it hath been ad-
under the Great Seal, conftitutes fome Peer (gene- judg'd, that where the Trial is by Commiffion,
rally the Lord Chancellor) Lord High Steward, who the Lord Steward, after a Verdict given, may take
is Judge in theſe Cafes; and the Commiffion com- Time to advise upon it, and his Office continues
mands the Peers of the Realm to be attendant on till he has given Judgment. But the Triers may
him, alfo the Lieutenant of the Tower, with the not feparate upon a Trial by Commiffion, after
Priſoner, &c. A Certiorari is awarded out of the the Evidence is given for the King; and it hath
Chancery, to remove the Indi&tment before the been refolved by all the Judges, that the Peers in
Lord High Steward: And another Writ iffues for fuch Cafe muft continue together till they agree
the Bringing of the Priſoner; and the Lord Steward to give a Verdi&t. State Trials, Vol. 2. fol. 702.
makes his Precepts for that Purpofe, affigning a Vol. 3. fol. 657. 2 Hawk. 425. A Peer of the Realm
Day and Place, as in Westminster Hall inclofed with arraigned in Parliament, must be tried before a
Scaffolds, &c. and for fummóning the Peers, which Lord Steward; and if he appear not, he fhall be
are to be Twelve and above at least prefent: outlawed: And he cannot waive a Trial by his
At the Day, the Lord High Steward takes Place Peers; for if a Peer on Arraignment before the
under a Cloth of State; his Commiffion is read Lords refufe to put himself upon fuch Trial, he
by the Clerk of the Crown, and he has a White fhall be proceeded againſt as one who ftands mure:
Rod delivered him by the Ufher, which being re- But if one who has a Title to Peerage, be indicted
turn'd, Proclamation is made, and Command and arraigned as a Commoner, and plead Not
given for Certifying of Indictments, &c. and the guilty, and put himself upon his Country; it hath
Lieutenant of the Tower to return his Writ, and been held, that he cannot afterwards fuggeft that
bring the Priſoner to the Bar; after this, the Ser- he is a Peer, and pray Trial by his Peers. 3 Inft. 30.
jeant at Arms returns his Precept with Names of Kel. 57. Dalif. 16. It is faid a Writ of Error lies
the Peers fummoned, and they are called over and in the King's Bench of an Attainder of a Peer be-
anfwering to their Names are recorded, when they fore the Lord High Steward. 2 Hawk. P. C. 462.
take their Places: The Ceremony thus adjuſted, If a Peer be attainted of Treafon or Felony, he
the High Steward declares to the Prifoner at the may be brought before the Court of B. R. and de-
Bar, the Caufe of their Affembly, affures him of manded what he has to fay why Execution fhould
Juftice, and encourages him to anfwer without not be awarded against him? And if he plead any
Fear; then the Clerk of the Crown reads the In- Matter to fuch Demand, his Plea fhall be heard,
diament, and arraigns the Prifoner, and the High and Execution ordered by the faid Court, upon
Steward gives his Charge to the Peers; this being its being adjudg'd against him. 1 H. 7. 22. pl. 15.
over, the King's Counfel produce their Evidence Bro. Coro. 129. Fitz. Coro. 49. Likewife the Court of
for the King; and if the Prifoner hath any Matter King's Bench may allow a Pardon pleaded by a Feer
of Law to plead, he fhall be affigned Counfel; but to an Indictment in that Court: But that Court
if he pleads Nor guilty, and has nothing farther, cannot receive his Plea of Not-guilty, &c. but on-
he fhall be allowed no Counfel, for the Court are ly the Lord Steward on an Arraignment before the
inſtead of it; after all the Evidence given for the Lords. 2 Inft. 49. The Sentence against a Peer
King, and the Prifoner's Anſwer heard, the Pri- for Treafon, is the fame as against a common Sub-
foner is withdrawn from the Bar, and the Lords je&t; though the King forgives all but Beheading,
that are Triers go to fome Place to confider of which is a Part of the Judgment: For other Ca-
their Evidence: But the Lords can admit no Evi- pital Crimes, Beheading is alfo the general Pu
dence, but in the Hearing of the Prifoner; they nifhment of a Peer; but 33 H. S. the Lord Dacres
cannot have Conference with the Judges, (who at was attainted of Murder, and had Judgment to be
rend on the Lord High Steward, and are not to hanged; and Anno 3 & 4 P. & M. the Lord Stour-
deliver their Opinions before-hand) but in the Pri- ton being attainted of Murder, had Judgment a-
foner's Hearing; nor can they fend for the Opi- gainft him to be hanged by the Neck until he was
nion of the Judges, or demand it, but in open dead, which Sentences were executed. If Execu-
Court; and the Lord Steward cannot colle&t the tion be not done; the Lord Steward may by Pre-
Evidence, or confer with the Lords, but in the cept command it to be done according to the Judg-
Préfence of the Priſoner; who is at firft to re- ment. 3 Inft. 31. Trial by Peers is a Practice very
quire Justice of the Lords, and that no Queftion antient: In the Reign of Will. 1. called The Con-
or Conference be had but in his Prefence: No-queror, the Earl of Hereford, for confpiring to re-
thing is done in the Abfence of the Prifoner, un-ceive the Danes into England, and depofe the Con-
til the Lords come to agree on their Verdi&t; and queror, was tried by his Peers, and found guilty of
then they are to be together as Juries until they
are agreed, when they come again into Court and
take their Places; and the Lord High Steward,
publickly in open Court, demands of the Lords,
beginning with the Puifne Lord, whether the Pri-
foner, calling him by his Name, be guilty of the
Treafon, &c. whereof he is arraigned, who all
give in their Verdict, and he being found Guilty
he
the Treafon, per Fudicium parium fuorum; but hẹ
lived in Prifon his whole Life. 2 Inft. 50. The
Duke of Suffolk, 28 H. 6. being accufed of High
Treafon by the Commons, put himself upon the
King's Grace, and not upon his Peers, and the
King alone adjudg'd him to Banishment; but he
fent for the Lord Chancellor, and all the Lords
that were in Town to his Palace at Westminster,
7 G
and
1
PE
PE
ก
2
#
*
#
•
Peifa, A Pound-weight; it was anciently uſed
for Pondus, whence to Peife or Poife, and Pefage.
Dela, A Peel, Pile or Fort; and the Citadel or
Cattle in the Isle of Man was granted to Sir John
Stanley by this Name. Pat. 7 H. 4.
and also the Duke, and commanded him to quit be a Peer or Commoner; and alfo all Peereſſes by
the Kingdom in their Prefence: The Lords never- Birth, whether they be fole or married to Peers or
thelefs entered a Proteft to fave the Privilege of Commoners, and all Marchioneffes and Vifcoun-
their Peenage; and this was deemed no legal Ba-teffes are intitled to a Trial by the Pears, though
nishment, for the King's Judging in that Manner not exprefly mentioned in the A&t. 2. Inft. 50 Cromp.
was no Judgment at all; he was extrajudicially Furifd. 33. 2 Hawk. P. C. 423. A Dutchefs, Mar-
bid to abfent himself out of the Realm, and in do chioness, Countefs, or Baronefs, may retain two
ing it he was taken on the Sea and flain. The Chaplains, by 21 Hen, S. cap. 13. But it is faid
Cafe of the Lord Cromwell, in the Reign of K. H. 8. that a Baronefs, c. may not retain Chaplains du-
was very extraordinary, this Lord was attainted ring her Coverture. Wood's Inft. 44. 4 Rep. 89. Vide
in Parliament, and condemned and executed for Chaplain.
High Treafon, without being allowed to make any
Defence: And feveral great Perfons during this
Reign were brought to Trial before Lords Commif
fioners. Anno 32 Car. 2. the Lord Stafford was tried
for Treafon; and after the Evidence was given
for the King, and the Prifoner had fumm'd up all
his Objections to the King's Evidence, he infifted
upon feveral Points of Law, viz. That no Overt
Act was alledged in his Impeachment that they
were not competent Witneffes who fwore against
him, but that they fwore for Money; and whether
a Man could be condemned for Treafon by one
Witnefs, there not being two Witneffes to any one
Point, &c. But the Points infifted upon being
over ruled, he was found Guilty by a Majority of
twenty-four Votes; and was executed on Tower
Hill See more of Peers under Baron, Defcent of
Dignities, Lords, &c. ·
!!
-
-
7
Petes, Jflues arising from, or out of a Thing.
Fitzh. Juft, 205. 1.
Pelfe and Polfte, (Pelfra) In Time of War, the
Earl Marshal is to have of Preys and Booties, all
the gelded Beafts, except Hogs, &c. which is called
Pelfre. Old MS. And we read, that Tho. Venables
Arm, clamat Quod fi aliquis Tenent. five Refident. infra
Dominium five Manerium de Kinderton feloniam fecerit,
Corpus ejus per ipfum Thomam fuper factum illud
captum, & convict. fuerit, habere Pelfram, viz. Omnia.
Bona & Catalla hujufmodi feifire, &c. Plac. in Itin.
apud Geftr. 14 Hen. 7.
•
Pellage, The Custom or Duty paid for Skins of
Leather. Rot. Parl. 11 H. 4.
Spelm.
Delt-wool, Is the Wool ftripp'd off the Skin or
Pelt of a dead Sheep. Stat. 8 H. 6. c. 22.
Pen, A Word ufed by the Britains for a high
Mountain, and alfo by the antient Gauls; from
whence thofe high Hills, which divide France from
Italy, are called the Appennines. Camd. Britan.
/
Penal Laws, Are of three Kinds, viz. Poena Pe-
cuniaria, Poena Corporalis, and Poena Exilii. Cro. Fa.
415. And Penal Statutes have been made upon
many and various Occafions, to punish and deter
Offenders; and they ought to be conftrued ftri&ly,
and not be extended by Equity; but the Words of
them may be interpreted beneficially, according to
the Intent of the Legislators. 1 Inft. 54, 268. Where
a Thing is prohibited by Statute under a Penalty, if
the Penalty, or Part of it be not given to him who
will fue for the fame; it goes and belongs to the
King. Raft. Entr. 433. 2 Hawk. 265. But the King
cannot grant to any Perfon, any Penalty or Forfei
ture, &c. due by any Statute, before Judgment
thereupon had; though after Plea pleaded, Juftices
of Affife, &c. having Power to hear and determine
Offences done against any Penal Statute, may com-
pound the Penalties with the Defendant, by Virtue
of the King's Warrant or Privy Seal. Stat. 21 Fac.
1. c. 3. There are Penalties ordained by feveral
Penal Acts of Parliament, to be recovered in any
Court of Record; but this is to be understood only
of the Courts at Westminster, and not of the Courts
of Record of inferior Corporations. Fenk. Cent. 228.
The Spiritual Court may hold Plea of a Thing for-
bidden by Statute upon a Penalty; but they may
not proceed on the Penalty. 2 Lev. 222. See Infor
mation.
Pecrefs. As we have Noblemen of feveral
Ranks; fo we have Noble Women, and thefe may Pellicia, A Pilch: Tunica vel Indumentun Pelli-
be by Creation, Difcent, or Marriage: And firft,ceum, hinc Super-pellicium, A Sur-pilch or Surplice.
King Hen. S. made Anne Bullen, Marchionefs of
Pembroke: King James 1. created the Lady Compton,
Wife to Sir Tho. Compton, Countess of Buckingham
in the Life-time of her Husband, without any Ad-
dition of Honour to him; and alfo the fame King
made the Lady Finch Viscountess of Maidstone, and
afterwards Countess of Winchelsea, to her and the
Heirs of her Body: And the late King Geo. 1.
made the Lady Schulinburgh, Dutchefs of Kendal.
A Woman Noble by Creation or Defcent marrying
one under the Degree of Nobility, ftill remaineth
Noble; but if he be noble by Marriage only,
fhe lofeth her Dignity if the marry afterwards a
Commoner; though not if the fecond Husband is
noble, and inferior in Dignity to the firft Husband:
And by the Curtefy of England, Women noble by
Marriage always retain their Nobility. 1 Inft. 16.
1 Inft. 50. 6 Rep. 53. If an English Woman born
takes to Husband a French Nobleman, fhe fhall not
bear the Title of Dignity; and if a German Wo
man, &c. marry a Nobleman of England, unless
fhe be made Denizen, ſhe cannot claim the Title
of her Husband, no more than her Dower, &c. Lex
Conftitution. 80. A Countess or Baronefs may not
be arrested for Debt or Trefpafs; for though in Re-
fpect of their Sex, they cannot fit in Parliament,
they are nevertheless Peers of the Realm, and ſhall
be tried by their Peers, c. But a Capias being a
warded against the Countess of Rutland, it was held
that fhe might be taken by the Sheriff; becauſe he
ought not to difpute the Authority of that Cour
from whence the Writ iffued, but muft execute it,
for he is bound by Oath fo to do; and although
by the Writ itfeif it appeared, that the Party
was a Countefs, against whom a Capias would not
generally lic, for that in fome Cafes it may lie, as
for a Contempt, therefore the Sheriff ought
not to examine the judicial A&ts of the Court.
6 Rep. 52. By the Statute 20 Hen. 6. cap. 9. a
Dutchefs, Countefs, or Baronefs, married or fole,
fhall be pur to anſwer, and judged upon Indict
ments of Treafon and Felony, before fuch Judges
and Peers as the Peers of the Realm fhall be: And it
has been agreed, that a Queen Confort, and Queen
Dowager, whether the continue Sole after the
King's Death, or take a fecond Husband, and he
I
!
Penalty of Bonds, &c. If a Man brings an
Action of Debt upon a Bond for Performance of Cove-
nants, the Plaintiff fhall recover the whole Penalty
of his Bond; becaufe in Debt, the Judgment must be
according to the Demand, and the Demand is to be
for the whole Penalty: But upon the Defendant's
bringing a Bill in Equity, and praying an Injunc
tion to the Suit at Common Law, the Court of
Equity ufually grants it till the Hearing of the
Caufe; and upon the Hearing of the Caufe, they
will continue the Injunction farther, and order a
•
Trial
A
PE
!
PE
*
denied, that muft me tried by the Common Law.
F. N. B. 51. Hardr. 230. Vent. 120. A Spiritual Perfon
may fue in the Spiritual Court, for a Penfion origi-
nally granted and confirmed: by the Qrdinary; but
where it is granted by a Temporal Perfon to a
.
+
Trial at Law on a Quantum damnificatus, for the
Jury to fird what Damage the Plaintiff received by
Reafon of the Breach of Covenants, c. And they
farther order, that after fuch Verdict given at the
Common Law, both Parties fhall refort back for
the Decree of that Court: So that here must be feve-Clerk, he cannot; as if one grant an Annuity to a
ral Actions and Suits at Law and in Equity; whereas Parlon, he muft fue for it in the Temporal Courts.
a bare Action of Covenant, without fuing for the Pe Cro. Eliz. 675. If a Parfon or Vicar have a Penfion
nalty of the Bond, will make an End of the Bufinefs out of another Church, and it is not paid, they may
in lefs Time, and for a much lefs Charge. 2 Lill, bring a Writ of Annuitys because a Penfion illuing
Abr, 288, 289. A Perfon being intitled to the Pe our of a Rectory is the fame Thing as a Rent, for i
nalty by Law, a Court of Equity will not relieve may be demanded in a Writ of Entry, and a Com-
against it, without paying Principal, Intereft and mon Recovery may be fuffered of it. 2 Nelf Abr.
Cofts; and where a Penalty is recovered at Law and 1243. Upon a Bill in the Exchequer for a Penfion, if
paid, Chancery may decree the Party to refund fuing out of a Vicarage, it hath been held, that
all, except the Principal and Intereft, c. Chan. though there is no Glebe nor Tithes, but only Of
Rep. 437. This Court will not generally carry the ferings, &c. yet the Vicar is chargeable; and a Suit
Debt, beyond the Penalty of a Bond: Yet where a may be brought in this Court as well as at Common
Plaintiff came to be relieved against fuch Penalty, Law, &c. for a Penfion by Preſcription. Hardr. 230.
tho' it was decreed, it was on the Payment of the A Penfion out of an Appropriation by Prefcription is
principal Money, Intereft, and Cofts; and notwith-fuable in the Spiritual Court; and if the Duty is
ftanding they exceeded the Penalty, this was af- traverfed, it may be tried there. 1 Salk. 58. A Li-
firmed. 1 Vern. 350. Abr. Caf. Eq. 92.
bel was had in the Spiritual Court for a Penfion, tọ
Penance, (Pœnitentia) Is a Punishment impofed which the Plaintiff made a Title by Prefeription;
for a Crime by the Ecclefiaftical Laws. It is an and a Prohibition was prayed, for that the Court had
Acknowledgment of the Offence, and ftanding in no Cognifance of Preferiptions; but adjudged, that
fome publick Place, &c. to fatisfy the Church for they having Cognifance of the Principal, it fhall
the Scandal given by an evil Example; particu- draw the Acceffary. 1 Vent. 3. The Curate of a
larly in the Cafes of Adultery, &c. for which the Chapel of Eafe libelled against the Vicar of the
Offender ſtands in the Church, Barefoot and Bare-Parish for the Arrears of a Penfion, which he claime
headed, in a White Sheet, &c. But for fmaller ed by Prefcription; though a Prohibition was grant-
Faults it may be made in the Court or before the ed, because the Curate is removeable at the Will of
Minifter and Church wardens, or fome of the Pe-the Parfon, and therefore cannot preferibe; he
rishioners; as in Cafe of Defamation, &c. Wood's muft bring a Quantum meruit. 2 Salk. 506. The
Inft. 507. Penance may be changed into a Sum of Statute 13 Ed. 1. appoints a Remedy for Penfions
Moncy, to be applied to pious Ules, called Commu-in the Ecclefiaftical Court: And the 34 35
ting. 3 Inft. 150. 4 Inft. 336.
H. 8. c. 19. gives Damages to the Value and
Penance At Common Law, where a Perfon ftands Colts, &c.
mute. Sce Pain Fort & Dure.
Penerarius, An Ensign bearer; as John Parient
was 'Squire of the Body, and Penerarius to King
Rich. 2.
Denon, (Fr. Pennon) A Standard or Banner car-
ried in War. 11 R. 2. c. I.
Penfa Salis, A Weigh of Salt, containing 256
Pounds.
Pensions of the Inns of Courts, Are annual
Payments of each Member to the Houfes. And
alfo that which in the Two Temples is called a Par-
liament, and in Lincoln's Inn a Council, in Gray's
Inn is termed a Penfion, being ufually an Affembly
of the Members to confult of the Affairs of the
Society.
Penfion-wait, Is a Writ or peremptory Order
Denfam, Ad Penfam, The ancient Way of pay-against thofe who are in Arrear for Penfions and
ing Money by Weight; oppoſed to the Payment of
the Pound de numero, importing twenty Shillings.
Lownd's Eff. on Coin. See Scalam.
Penfion, (Penfio) Is an yearly Payment of Mo-
ney in Recompence of Service, &c. And to receive
a Penfion from a foreign Prince or State, without
Leave of our King, has been held to be criminal,
becauſe it may incline a Man to prefer the Intereft
of fuch foreign Prince to that of his own Country.
1 Hawk. P. B. 59. Perfons having Penfions from the
Crown are declared incapable of being ele&ted Mem-
hers of Parliament, &c. by Statutes 12 W. 3. 4
5 Ann. 1 Geo. I. See Parliament.
·
•
Pensions of Churches, Are certain Sums of Mo-
ney paid to Clergymen in Lieu of Tithes. And
fome Churches have fettled on them Annuities, Pen-
fiens, &c. payable by other Churches; which Pen-
fions are due by Virtue of fome Decree made by an
Ecclefiaftical Judge upon a Controverfy for Tithes,
by which the Tithes have been decreed to be en-
joyed by one, and a Penfion inftead thereof to be
paid to another; or they have arisen by Virtue of
à Deed made by the Confent of the Parton, Patron,
and Ordinary; and if fuch Penfion hath been ufually
paid for twenty Years, then it may be claimed by
Preſcription, and be recovered in the Spiritual
Court; or a Parfon may profecute his Suit for a
Penfion by Preſcription, either in that Court or at
Common Law, by a Writ of Annuity; but if he
takes his Remedy at Law, he fhall never afterwards
fue in the Spiritual Court: If the Prefeription bel
other Duties; and when once iffued, none fued
thereby in any of the Inns of Court fhall be dif
charged or permitted to come in Commons 'till all
Duties are paid. Ord. Gray's Inn.
Peufioners, (Penfionarii) Are a Band of Gentle-
men fo called, that attend as a private guard on
the King's Perfon; they were firft inftituted Anno
1539.
-
Pentecostals, (Pentecoftalia) Certain pious Obla-
tions paid at the Feast of Pentecoft or Whitfuntide
by Parishioners to the Priest of the Parish, &c.
Which Oblations were likewife termed Whitfon Far-
things, and divided into four Parts; one to go to
the Parish Pricft, a Second to the Poor, a Third
for the Repairs of the Church, and the Fourth to
the Bishop of the Diocefe. Steph. of Pentecostals, &c.
Deny, Was our ancient current Money; and the
Saxons had no other Sort of Silver Coin. 2 Inft. 575.
It was equal in Weight to our Three Pence now
five of thofe Penies made one Saxon Shilling, and
thirty Pence a Mark, which weighed as much as
Three of our Half Crowns: And this Peny was made
with a Crofs in the Middle, and fo broke into Half-
pence and Farthings. Matt. Parif. 1279. The Eng-
lifh Peny called Sterling is round, and antiently weigh-
ed 32 grana frumenti in medio Spice. Stat. Edw. 1.
See Denarius.
Deny-weight. As every Pound contains 12
Ounces, fo each Ounce was formerly divided into
twenty Parts, called Peny-weights; and though the
Peny-weight be altered, the Denomination ftill re-
mains:
}
1
U
PE
mains: Every Peny-weight is ſubdivided into twenty-
four Grains.
Perambulation, (Perambulatio) Signifies a Travel-
ling through, or over: As Perambulation of the Fo
reft is the Surveying or Walking about the Foreft,
and the utmoſt Limits of it; by certain Juftices, or
other Officers thereto affigned, to fet down and pre-
ſerve the Metes and Bounds thereof. 17 Car. c. 16.
20 Car. 2. c. 3. 4 Inft. 30. Perambulation of Parishes
is to be made by the Minifter, Church-wardens and
Parishioners, by going round the fame once a Year,
in or about Afcenfion Week: And the Parishioners
may well juftify going over any Man's Land in their
Perambulation, according to Ufage; and it is ſaid may
abate all Nufances in their Way. Cro. Eliz. 444.
And there is a Perambulation of Manors; and a Writ
Perambulatione facienda, which lies where any In-
croachments have been made by a neighbouring
Lord, &c. then by the Affent of the Lords, the
Sheriff fhall take with him the Parties and Neigh-
bours, and make a Perambulation, and fettle the
Bounds: Alfo a Commiffion may be granted to other
Perfons to make Perambulation, and to certify the
fame in the Chancery, or the Common Pleas, &c.
And this Commiffion is iffued to make Perambulation
of Towns, Counties, &c. New Nat. Br. 296. If
Tenant for Life of a Lordfhip, and one who is Te-
nant in Fec-fimple of another Lordship adjoining
fue forth this Writ or Commiffion, and by Virtue
thereof a Perambulation is made; the fame fhall not
bind him in Reverſion: Nor fhall the Perambulation
made with the Affent of Tenant in Tail, bind his
Heir. Ibid. And 'tis faid this Affent of the Parties
to the Perambulation ought to be acknowledged and
made Perſonally in the Chancery, or by Dedimus Po-
teftatem; and being certified, the Writ or Commif-
fion Iffues, &c. The Writ begins thus: The King to
the Sheriff, &c. We Command you, that taking with
you Twelve difcreet lawful Men of your County, in your
proper Perfon you go to the Land of A. B. of, &c. And
the Land of C. D. of, &c. And upon their Oaths, you
caufe to be made Perambulation betwixt the Lands of
the faid A. in, &c. and of the faid C. in, &c. So that
it be made by certain Metes or Bounds and Divifions, &c.
And make known to our Juftices at Westminster, &c.
•
PE
fan Action, tender an Iffue in Abatement of the
Plaintiff's Writ, and the Plaintiff demurs upon the
Iffuc, if on arguing the Demurrer the Iffue is over-
ruled as not good; the Court will give the Defen-
dant a Day over to answer peremptorily, viz. To plead
a Plea to the Merits of the Caufe; the former
Plea which was over-ruled, being only in Abate-
ment of the Writ: But it is otherwife where fuch an
Iffue and Demurrer is in Bar of the Action; for
there the Merits of the Caufe are put upon it. Trin.
24 Car. 1. B. R. 2 Lill. Abr. 190. A Peremptory
Day is when a Bufinefs is by a Rule of Court to be
ſpoken to at a precife Day; but if it cannot be
ſpoken unto then, by Reafon of other Buſineſs, the
Court at the Prayer of the Party concerned will
difpence with the not speaking to it at that Time,
and give a farther Day without Prejudice to him;
and this is called the putting off of a Peremptory,
and is ufed to be moved for by Counfel at the
Rifing of the Court, when it is granted of Courſe.
2 Lill. Ibid. If a Peremptory Day is put off by the
Court, the Party that will take Advantage of it,
muft enter the Rule of Court that was made for the
Purting it off. Trin. 651. Peremptory Challenge of Ju-
rors in Capital Cafes. Vide Challenge.
Perinde valere, Is a Term in the Ecclefiaftical
Law; and fignifieth a Difpenfation granted to a
Clerk, who being defective in his Capacity, is ne-
vertheless admitted de facto to a Benefice, or other
Ecclefiaftical Function: And it is alſo called a Writ.
Stat. 25 Hen. S. c. 21.
Periphzalis, (Lat) Is a Circumlocution; a Fi-
gure of Rhetorick, when that which might have been
faid in one or two Words is exprefs'd by many.
Litt. Did. No Periphrafis or Circumlocution will
fupply Words of Art, which the Law hath appro-
priated for the Deſcription of Offences in Indict-
ments: And not any Periphrafis, Intendment and
Conclufion fhall make good an Indictment, which
doth not bring the Fact within all the material
Words of a Statute; unleſs the Statute be recited,
&c. Cro. Eliz. 535, 749. 2 Hawk. P. C. 224, 249.
Perjury, (Perjurium) Is a Crime committed,
when a lawful Oath is adminiftred by one that hath
Authority to any Perfons in a judicial Proceeding,
who fwear abfolutely and falfly in a Matter that is
material to the Iffue or Caufe in Queftion, by
their own A&, or the Subornation of others.
3 Inft. 164. And Perjury, before the Conqueft, was
punished fometimes by Death, other Times by Ba-
nishment, and fometimes by corporal Punishment,
Dercaptura, Is a Place in a River made up with. Afterwards it came to a Fine and Ranfom, and
Banks, &c. for the better Preferving and Taking
of Fifh. Paroch. Antiq. 120.
If Perambulation be refufed to be made by a Lord,
the other Lord who is grieved thereby fhall have a
Writ against him, called de Rationabilibus Divifis.
Perca, For Pertica, a Perch of Land.
unam acram Prati per majorem Percam. Mon. Angl.
Tom. 2. pag. 87.
Et
Diſability to bear Teftimony. 3 Inft. 163. At Com-
mon Law, Perjury and Subornation of Perjury is pu-
Perch, Is used with us for a Rod or Pale of fixteen nifhed by Fine, Impriſonment, Pillory, c. and
Foot and a Half in Length, whereof forty in Length, the Offender is ever after incapable to be a Witneſs.
and four in Breadth, make an Acre of Ground. 3 Inft. 163. By Stature, Perfons committing wilful
Cromp. Furifd. 222. But by the Cuftoms of feveral and corrupt Perjury, in any Caufe depending con-
Counties, there is a Difference in this Meaſure: In cerning Lands or Goods, &c. in any of the Courts
Staffordshire it is twenty-four Foot; and in the Fo. of Record, fhall forfeit 201 and be imprisoned fix
reft of Sherwood twenty-five Foot, the Foot there Months, and their Oath fhall not be received in
being eighteen Inches long: And in Herefordshire, a any Court of Record, until the Judgment is re-
Perch of Ditching is twenty-one Foot; the Perch of verfed; and if the Offenders have not Goods or
Walling fixteen Foot and a Half; and a Pole of den-Chattels to the Value of 20. they fhall be fet on
fhiered Ground is twelve Foor, &c. Skene.
Per cui & poût, Writs of Entry fo called. See Entry.
Perdings, Signifies the Dregs of the People, viz.
Men of no Subſtance. Leg. H. 1. c. 29.
the Pillory in fome Market-place, and have both
their Ears nailed thereto: And unlawful and cor-
rupt Procuring and Suborning a Witness to give
falfe Teftimony in any Court of Record, &c. or
corruptly Procuring any Witnefs to testify in per-
petuam rei Memoriam, the Offender fhall forfeit 40 7.
Perdonatio Utlagariæ, Is a Pardon for a Man
who for Contempt in not yielding Obedience to the
Proceſs of the King's Court is outlawed, and after-And if he be not worth 401. he fhall fuffer fix
wards of his own Accord ſurrenders himſelf. Reg.
Orig. 28.
Peremptory, (Peremptorius) Joined with a Sub-
ftantive, is taken for a final and determinate Act,
without Hope of Renewing or Altering the fame:
And there is a Peremptory Day, Action, &c. Bract. lib.
4. cap. 20. F. N. B. 35, 38, 104. If a Defendant in
Months Impriſonment, and ftand on the Pillory in
fome open Market near the Place where the Of
fence was committed; and fhall not be received as
a Witnefs till fuch Judgment be reverſed; but if
the Judgment be reverfed, the Party grieved fhall
recover Damages against the Profecutor, by Action
on the Cafe, &c. 5 Eliz. cap. 9. And not only in
0
I
a
PE
PE
1
a Court of Record, but in any other lawful Court, Perjury, and convicted of Swearing that he was
as a Court-Barón, &c. Perjury may be committed. Servant to W. R. when in Truth he was Servant to
Wood's Inft. 412-
It has been adjudged, that if a his Servant, and fined 107. Allen 79.
If any falfe
Man be convicted of Perjury at the Common Law, Oath hath Relation to the Iffue, 'tis Perjury; and
a Pardon will reftore the Party to his Teftimony; there may be Things circumftantial which amount
but not in a Conviction on the Statute, for there he to this Crime, when they tend to prevent Difco-
muſt reverſe the Judgment before he can be reftovery of the Truth: To fwear to the Credit of a
red, and Difability is Part of the Judgment. Witnefs, if it be falfe, is Perjury. Comberb. 461.
2 Salk. 513. 2 Nelf. Abr. 978. Yet a Perfon convict Perjury in Witneffes, if it is not of Confequence in
of Perjury was allowed to make Affidavit, to fet a- the Decifion of the Caufe, though it is a falfe Oath,
fide a Judgment for Irregularity; though the Af it is not to be punished as Perjury: But if a falle
fidavits of fuch Perfons have been refuſed to be Oath be given by a Man, attended with Circum
read. 2 Salk 461. Perjury, if it relates to Juftice, ftances, which makes them Reaſons of his Remem
is punishable by Statute; and if it be in a Spiri- brance of a Thing, to ftrengthen the fubftantial
tual Matter in the Spiritual Court, it may be pu- Part of his Evidence, by this Means the Jury may
nifhed there. 3 Salk. 269. A falfe Oath in a Court be induced in the Giving of a Verdict, and he may
of Juftice is more criminal than elſewhere. And be guilty of Perjury. 3 Inft. 167. 1 Roll. Abr. 41,78.
tis an Offence for which the Party may be indicted, I Cro. 428. 2 Lill. Abr. 291. Palm. 382, 535. Tho
either by the Common Law, or upon the Statute where a Witnefs being ask'd, Whether fuch a Sum
5 Eliz, by which the Punishment is enlarged, but of Money were paid for two Things in Contro
the Nature of the Offence is not altered by that verly between the Parties? Anſwer'd, That it was,
Statute; and in many Cafes an Indictment will lie where the Truth of it was, that it was paid only
at Common Law, when it will not lie upon the for one of them by Agreement; fuch Witnefs ought
Statute; as for Inftance: A Perfon may be indicted not to be punished for Perjury; for as the Cafe
at Common Law for a falfe Affidavit taken before a was, it was no Way material whether it was paid
Mafter in Chancery, but not on the Statute; be- for one or both. 2 Roll. Rep. 41. To make an Of
cauſe this is not Perjury in a Matter relating to the fence Perjury, it must be wilful and deliberate,
Proof of what was in Iffue. Style 336. Sid. 106. and not committed through Surprize, Inadvertency,
Bulft. 322. The Statute extends to no other Perjury or Miltake of the Queftion; and the Depofition is
than that of Witneffes; but Perfons perjuring them to be direct and abfolute, not as the Perfon fwear-
felves in their Anfwers in Chancery, or in the Ex-ing thinks or believes, c. 3 Inft 167, 266. No
chequer, by Affidavit, or Swearing the Peace a-thing which the Party offers upon his Belief is af-
gainst another, &c. may be punished for the Per-fignable for Perjury. Sid. 418. It must be falfe, in
jury at the Common Law; which is efteemed the exprefs Words or Intention, to make it Perjury:
fafeft Way to profecute for Perjury, or Subornation for Falfhood in Intention may be punished by the
of Perjury. 3 Inft. 166. 2 Roll. Abr. 77. Wood's Common Law, though the Words be true: And
Inft. 414. In an Indictment of Perjury, upon an if one knows not what he fwears, it is a falfe Oath
Anſwer in Chancery, it was ruled, That the Com-in him, fo that one may fwear the Truth, and yet
plainant in Chancery is no Witnefs pending the be perjured; as where the Plaintiff in an Action
Suit; but if the Bill be difmiffed he is a Witnefs. caufed two Men to fwear the Value of his Goods,
And in this Cafe, there being but the Oath of the who never faw or knew them, although that which
Profecutor, and fo Oath against Oath, the Defen- they fwore was true, yet because they knew it
dant was acquitted. Mich. 4 W. & M. B. R. Skin. not, it was a falfe, Oath in them, for which the
Rep. 327. Perjury at Common Law may be in an Procuror and the Witneffes were fentenced in the
immaterial Thing in an Anfwer in Chancery; but Star Chamber. 3 Inft. 166. 2 Roll. Abr. 77. But here
if one fwear falfe to an Interrogatory, in a Thing 'tis held, a Man ought not to be drawn into a con-
not materially charged therein, this is not Perjury, ftru&tive Perjury. 2 Salk. 514. Perjury may not be
becauſe he who adminiftred the Oath had not Power in a private Matter, howsoever wilful or malici-
to adminifter it, but in Matters charged in the Inter- ous the Oath may be; and upon this Ground it hath
rogatory. Sid. 274. And where an Oath is taken been holden, that a falfe Oath taken by one upon
before one, that hath not Authority to do it; or the Making of a Bargain, that the Thing fold is
when a Court hath no Authority to hold Plea of his own, is not Perjury. 1 Hawk. 173. An Indi&t-
the Caufe; there Perjury cannot be committed.ment for Perjury may be preferred against one for
3 Inft. 164. 4 Inft. 278. Alfo if an Oath be given Taking a falle Oath rafhly, and for want of Con-
by him that has lawful Authority, and any Breach fideration in a Court of Record; and he may be
be made therein, if it be not in a judicial Proceed-convicted and fined thereupon, but the Fine hall
ing, it is not punishable as Perjury by the Common be more moderate than where committed out of Ma
or Statute Law; as where one takes an Oath to the lice. 2 Lill. Abr. 291. The Words Wilfully and Cor-
Government, or duly to perform an Office, &c. ruptly must be inferted in the Profecution upon the
and breaks it. Read, on Stat. Vol. 4. 349. Indi&ment Statute; and an Indi&ment was held ill, because it
will not lie at the Seffions before Juftices of Peace, did not alledge that the Defendant voluntarily
for a Perjury at Common Law; though it will for afwore, &c. 3 Inft. 166. 1 Cro. 147. Perjury or Sub
Perjury upon the Stat. 5 Eliz. that Statute giving the formation of Perjury, in Proceedings on an Indictment,
Juftices Jurifdi&tion. 1 Salk. 406. It is faid a Man is not within the Statute, which mentions only Suits
may be indicted for Perjury upon a voluntary and by Writ, Bill, Plaint, or Information: And no falfe
extrajudicial Oath; a Cale being cited where a Per Oath is within the Intent of the Act, that is not
fon ftole the Daughter of another, and made Oath prejudicial to fome Perfon in this Caufe; and gives
before a Juftice of the Peace, that he had her Fa- him juft Caufe of Complaint, that he was aggrieved
ther's Confent, and this in order to get a Licence by the Depofition of the Witnefs. 3 Inft. 164. Bur
to marry her; he was indicted and convicted there- it hath been held not to be material upon an In-
upon. 1 Vent. 370. On Indictment for Perjury, for dictment of Perjury at Common Law, whether the
that the Defendant fwore at a Trial by Nifi prius, falfe Oath were at all credited, or whether the
that a Perſon was on fuch a Day in London, to be Party in whofe Prejudice it was intended were in
arreſted; this was material, as the Iffue to be tried the Event any Way grieved by it, or not; as this
was concerning the Arrefting him by the Sheriff, is not a Profecution grounded on the Damage of
and it was proved that he was in Southwark at that the Party, but on the Abufe of publick. Juftice.
And if a Perfon procure
Time, and the Defendant being found Guilty was 3 Leon. 230.. 2 Leon. 211.
fined 20 1. Sid. 404. A Perfon was indicted for another to take a falfe Oath amounting to Perjury,
7 H
bur
*
:
i-
PE
PE
}
1
1
Permit, (from Permitto) Is a Permiffion or Licence
for Perfons to pass with and fell Goods, on their
having paid the Cuftom Duties for the fame. It is
mentioned in the Statute 9 Geo. 2. cap. 35. See
Customs.
Permutatione Archidiaconatus Ecclefiæ eidem
annexæ cum Ecclefia & Dicbenda, &c. Is a Writ
to the Ordinary, commanding him to admit a Clerk
to a Benefice, upon an Exchange made with another.
Reg. Orig. 307.
Dernancy, (From the Fr. Prendre) Signifies a
Taking or Receiving; as Tithes in Pernancy, are
Tithes taken or that may be taken in Kind.
Pernoz of Profits, Is he that takes or receives.
the Profits of Lands, Tenements or Hereditaments;
and is faid to be all one with Ceftui que uſe. Star.
1 Hen. 7. cap. 1. 1 Rep. 123. The King has the Per-
nancy of the Profits of the Lands of an Out-
law, in perfonal Actions; and by Scifure fhall hold
against the Alienation of ſuch Outlaw, &c. Raym.
17: Sec Co. Lit. 589.
Tan-
Derpars, A Part of the Inheritance.
quam terram que fibi defcendit in perpartem de hare-
ditate, &c. Fleta, lib. 2. c. 54.
but he doth not take it, though the Perfon who in-
cited him is not guilty of Subornation of Perjury,
hé is punishable by Fine. Read. Stat. 4 Vol. 350.
Where a Plaintiff lofes his. Action by a falfe and
perjured Witneſs produced on the Part of the De-
fendant, it is faid he cannot have an Action, a-
gainst that Witneſs, till he is indicted and can
victed; unless it be fuch a Perjury, or in fuch a
Court, that an Indictment would not lie for it.
Sid. 90. 3 Salk. 270. On Motion to amend an In-
formation for Perjury, it was granted, giving No-
tice to the Defendant what they would amend;
and he to fhew Caufe why they fhould not. 1 Lev.
189. Acquittal upon a bad Indi&tment of Perjury
is no Plea to a good one, and the Party may be
indicted de novo; but an Acquittal upon a good One
is peremptory. Mod. Ca. 167. A Perſon was found
guilty in an Information for Perjury, and upon fe-
veral Affidavits the Court was moved for a new
Trial; tho' it was denied, except the King's Coun-
fel would confent, notwithſtanding it appeared to
the Court that there was Caufe for a new Trial.
Sid. 49. Sir John Jackson being acquitted of a
great Debt, by the Perjury of Fenwick and Holt,
they were indicted for the Perjury, and the Trial Perpetuity, (Perpetuitas) Is a Continuance ever-
being appointed, the Witneffes who could prove laftingly; and in Law, it is when an Eſtate is de-
it were arrested and committed, fo that they could figned to be fo fettled in Tail, c. that it cannot
not be prefent at the Trial; and this being done be undone or made void: As where if all the Par-
by the Contrivance of Sir John, he was found ties that have Intereft join, they cannot bar or paſs
guilty of the Misdemeanor on an Information, and the Eftate; but if by the Concurrence of all
fined 1000 Marks, and committed for a Month: having the Eftate-tail, it may be barred, it is no
But the Court would not grant a new Trial in Per Perpetuity. 2 Lill. Abr. 292. An Eftate-Tail, by the
jury. Sid. 149, 153. An Indictment for Perjury will Device of a Common Recovery, being made bar-
not be quafhed for any Infufficiency until the Merable; to prevent the fame, Men did entail their
rits are tried, and 'tis Time enough to move to quafh
it after a Verdi&t; and no Certiorari fhall be had to
remove an Indictment for Perjury or Forgery; for
when they are removed, they are feldom proceeded
on. Sid. 54. 2 Nelf. Abr. 975. Indictment at Com-
mon Law is to be brought where a Witnefs for the
King fwears falfly; or he may be punished by In-
formation: And the Offence of Perjury, if profecu-
ted by Indictment, is local; but 'tis otherwife on
an Information. 3 Inft. 164. 1 Vent. 182. Perfons
guilty of Perjury, by a late Stature, fhall, over and
befide the Punishment already inflicted by Law, be
fent to the House of Correction for a Time not ex-
ceeding 7 Years, or may be Transported to the
Plantations for feven Years in like Manner as Fe-
lons, &c. 2 Geo. 2. c. 25.
Q
Lands with Condition, that none of them that had
the Land, fhould do any Act to put it from the
next Heir; and if any did, that he fhould forfeit
his Eftate, and fuch Heir fhould enter, &c. but this
being found of ill Confequence, the Law hath ad-
judged all thefe Conditions void, and fo avoided
Perpetuities. 1 Anderf. 237, 341. It is a Rule that
hath deftroyed Perpetuities, that an Effate cannot be
made to cease for a Time, and then to rise again;
or to ccafe as to one Perfon, and have Being as to
another; or deprive a Tenant in Tail by Condi-
tion or Limitation of the Power of Alienation.
Hob. 257. 1 Rep. 84. Perpetuities are odious in the
Law; and an executory Devife of Lands after an
Eftate-tail generally tends to a Perpetuity; tho' not
where it depends upon one Life, when a Fee-fim-
ple may be to one, and remain to another, &c.
2 Cro. 695. A Term for Years may not be devifed
in Tail, with Remainders over to raise a Perpetuity:
But a Limitation of a Term in Reverſion, to feve-
HE Jurors, &c. That A. B. of M. in the ral Perfons in effe, doth not extend to create a Per-
County aforefaid Gentleman, on the Day of, &c. petuity; though if it be to Perfons not in effe, it is
in the Year of the Reign, &c. at M. aforesaid in the faid otherwife. Moor 495. Chanc. Rep. 8. A Leafe for
County, came before C. D. Efquire a Commiffioner, &c. Years, to a Man and the Heirs of his Body, &c.
(then having Authority to adminifter the Oath to the faid is not good; but it may be affigned to Trustees.
A. B.) and being: fworn upon the Holy Gospel of God, did for the Iffue in Tail to receive the Profits, c.
then and there upon his Oath, maliciously, fally, wilfully, yet if fuch a Leafe comes then to be limited in
and corruptly depofe, favear and affirm in Writing, of and Tail, a prefent Remainder may not be limited
concerning, &c. in a Caufe between E. F. Plaintiff, and thereon; but the Law will allow a future Contin-
G. H. Defendant, that, &c. (here reciting the Perjury) gent Eftate, fo as it wears out in a fhort Time, as
when in Fact, &c. And fo the faid A. B. on the faid in the Compafs of two Lives, &c. 10 Rep. 87.
Day, &c. in the, &c. Year abovefaid, at M. aforefaid 4 Inft. 27.
T
Form of an Indictment for Perjury.
in the faid County, did fally, maliciously, wilfully and Per quæ fervitia, Is a judicial Writ, iffuing
corruptly, commit wilful and corrupt Perjury, before the on the Note of a Fine, and lies for the Cognifee of
Jaid C. D. Efquire, then and there having fufficient Au-a Manor, Lands, Rents, or other Services, to
thority to adminifter the Oath aforesaid to the faid A. B.
contrary to the Statute, &c. and against the Peace, &c.
Per my * per tout, Are Words used where a
Jointenant is faid to be feifed of the Land he holds
jointly, by every Parcel, and by the Whole; which
Signification they bear in the Law. Litt. Tenur. Sect.
288.
compel the Tenants at the Time of the Fine
levied to attorn to him thereupon. Old Nat. Br.
155.
Derquilite, (Perquifitum:) Signifies in Law Profit,
or any Thing gained by one's own Induftry or Pur-
chafe; contradiftinguished from that which defcends
to a Man from a Father or Ancestor. Bract. lib. 2.
cap. 30.
2
Perquilites
[
!
1
PE
PE
C
Perquilites of Courts, Are commonly thofe Pro- Dela, A certain Weight and Meafiire: And Pi
fits that arife to Lords of Manors, from their Courts-farius, a Weigher. Pat. 2 Ed. 4. See Peifa.
Baron, over and above the certain and yearly Re-
venue of the Lands; as Fines of Copyholds, He- the Weighing of Merchandize, or other Goods.
Pelage, (Pefagium) A Cuſtom or Duty paid for
riors, Amerciaments, c. Perk. 20, 21. Perquifites
of Officers. See Fees.
Per quod confortium amifit, And per quod fervi-
tium amifit, are Words ncceffary in Declarations
for Trefpafs, &c. where a Man's Wife or Servant
is beaten, or taken from him, and he lofes their
Service, &c. 2 Lill. Abr. 595, 596.
Perfon, A Man or Woman; alfo the State or
Condition, whereby one Man differs from another.
Perfonable, (Perfonabilis) Is as much as to fay
enabled to hold Plea in Court; as the Defendant
was judged perfonable to maintain the Action. Old
Nat. Br. 142. And in Kitchen, the Tenant pleaded,
that the Demandant was an Alien, born in Portugal,
without the Allegiance of the King; and Judgment
was asked whether he fhould be answered: To
which the Demandant faid, he was made perfonable
by Parliament, i. e. as the Civilians would ſpeak it,
Habere Perfonam ftandi in Fudicio. Kitch. 214. Per-
fonable likewife fignifieth to be of Capacity to take
any Thing granted. Plowd. 27.
Derlonal, (Perfonalis) Goods or Chattels, figni-
fies any moveable Thing belonging to a Man, be it
quick or dead. Weft. Symb. par. 2. Sect. 58. Perfo-
nal Things, may be given to a Corporation; as a
Horfe, a Cow, Sheep, or other Goods, r. Kitch.
139. See Chattels.
Galfridus Plantagenet Regis Henrici Filius,
Dux Britanniæ & Comes Richmundiæ, Dedi Trona-
gium & Pelagium de Nundinis fancti Botulphi, &c.
Selden's Tit. Hon.
Pellona, Maft of Oaks, &c. or the Money taken
for Maft, or feeding of Hogs. Mon. Ang. Tom. 2.
p. 213. See Maft.
Pettarable, As Warcs peſtarable, feem to be fuch
as pefter, and take up much Room in a Ship. Stat.
32 H. 8. c. 14.
Peter-coin, Is mentioned in fome of the an-
tient Registers of our Bifhops, particularly in
that of St. Leonard de Ebor, which contains a Grant
thereof by King Athelftane, &c. Collect. Dodfw.
MS.
>
led in the Sax. Romefeoh, i. e. the Fee due to Rome,
Peter-pence, (Denarii Sancti Petri) Otherwiſe cal-
was a Tribute or rather Alms given by Ina King
of the Weft Saxons, in his Pilgrimage at Rome in
the Year 725. And the like was given by Offa
King of the Mercians, through his Dominions,
Anno 194. But it is faid not to be as a Tribute to
the Pope, but for the Suftentation of the English
School or College at Rome; and it was called Pe-
ter-pence, becauſe collected on the Day of St. Peter
ad vincula, and was a Penny for every Houfc. King
Edgar's Laws contain a fharp Conftitution touching
this Money. Leg. Edg. 78. cap. 4. It was prohibited
by King Ed. 3. and by Stat. 25 H. 8. But it re-
vived 1 & 2 Ph. & Mar. and was wholly abrogated
by Eliz. c. 1.
•
Peter ad vincula, Mentioned in the Stat. 4 Ed. 4.
cap. 1, c. See Gale of Auguft.
Perfonal Яion, (Actio Perfonalis) Is that which
one Man may have by Reafon of a Contract for
Money or Goods against another: It is fuch an
Action whereby a Debt, Goods and Chattels are
demanded, or Damages for them; or Damages
for Wrong done to a Man's Perfon. Terms de Ley 19.
In the Civil Law, it is called Actio in Perfonam, and Petition, (Petitio) Hath a general Signification
is brought against him who is bound by Covenant, for all Kinds of Supplications made by an Inferior
to grant or do any Thing, &c. And in our Law, to a Superior, and especially to one having Jurif-
Actio Perfonalis moritur cum perfona. 1 Inft. 53. Ac-diction. S. P. C. c. 15. And it is ufed for that Re-
tion of Debt lieth not against Executors, upon a
Contract for the Eating and Drinking of the Tefta-
tor; for that Action in fuch Cafe dieth with him.
9 Rep. 87. If a Perfon commit a Battery or Tref
pafs, and he or the Perfon beaten, &c. die; the
Action dieth, and is gone. Noy's Max. 5. An Exe-
cutor cannot bring an Appeal for a Larceny from
the Teftator; the Appeal for it is faid to be a
mere Perſonal Action, vefted in the Teftator, and
dies with him as all Actions for Torts do. H. P. C.
184. S. P. C. 50. And an Appeal of Death is a
Perfonal Action given to the Heir, in Refpect to his
immediate Relation to the Perfon killed; and like
other Perfonal Actions, fhall die with the Perfon.
2 Hawk. P. C. 165.
medy which the Subject hath to help a Wrong done
by the King, who hath a Prerogative not to be
fued by Writ: In which Senfe it is either general,
That the King do him Right and Reaſon, where-
upon follows a general Indorſement upon the fame,
Let Right be done the Party: Or it is Special, when
the Conclufion and Indorfement are fpecial, for
this or that to be done, . Staundf. Prerog. c. 22.
By Statute, the Soliciting, Labouring or Procuring
the Putting the Hands or Confent of above twenty
Perfons to any Petition, to the King, or either
Houfe of Parliament, for Alterations in Church or
State; unlefs by Affent of three or more Juſtices of
Peace of the County, or a Majority of the Grand
Jury, at the Affifes or Seffions, &c. and repairing
Personal Tithes, Are Tithes paid of fuch Pro-to the King or Parliament to deliver fuch Petition,
fits as come by the Labour and Induſtry of a Man's with above the Number of ten Perfons, is fubject
Perfon; as by Buying and Selling, Gains of Mer-to a Fine of 100l. and three Months Imprisonment,
chandize, and Handicrafts, &c.
being proved by two Witneffes, within fix Months,
Personalty, (Perſonalitas) Is an Abftra&t of Per-in the Court of B. R. or at the Affifes, &c. 13 Car.
fonal: The Action is in the Perfonalty, i.e. it is 2. cap. 5. And if what is required by this Statute
brought against the right Perfon, or the Perfon a-be obferved, Care must be raken that Petitions to
gainst whom in Law it lies. Old Nat. Br. 92. Or it
is to diftinguifh Actions and Things Perfonal, from
thoſe that are Real.
Verticata terræ, The fourth Part of an Acre.
See Perch.
Perticulas, Poor Scholars of the Isle of Man: The
King granted to L. Macguin de Infula de Man Scholari,
quandam, Eleemofynam vocat. Perticulas, ad fuftenta-
tionem cujufdam Pauperis Scolaris de Infula predicta ad
exercend. Scholas, per Progenitores noftros quondam Reges
Anglie datam & conceffam. Pat. Hen. 4.
Dervife, According to Somner fignifies Palatii
atrium vel area illa à fronte Aule Weftm. hodie the
Palace-Yard vulgo nuncupata. Somn. Gloff. See
Parvife.
✔
the King contain nothing which may be interpre-
ted to reflect on the Adminiftration; for if they do,
it may come under the Denomination of a Libel:
And 'tis remarkable, that the Petition of the City
of London, for the Sitting of a Parliament was
deem'd libellous; becaufe it fuggefted that the King's
Diffolving a late Parliament was an Obstruction of
Justice. Read. Stat. Vol 4. 353. Alfo the Petition
of the feven Bishops, fent to the Tower by King
James 2. was called a Libel, &c. 3 Mod. Rep. 212
To ſubſcribe a Petition to the King, to frighten him
into a Change of his Meafures, intimating that if
it be denied, many Thousands of his Subjects will
be difcontented, &c. is included among the Con-
tempts against the King's Perfon and Government,
tending
عنيد
}
PH
ΡΙ
tending to weaken the fame, and punishable by | perience in Herbs and Roots, may practice and mi-
Fine and Impriſonment. 1 Hawk. P. C. 60.
4
nifter to outward Sores or Swellings, any Herbs or
Petition of Right. In the Reign of K. Charles 1. Ointments, according to their Skill; and alfo Drinks
there was a famous Petition of Right; That none for the Stone, Strangury, or Agues, without Licence,
fhould be compelled to make or yield any Gitt, for incurring any Penalties by the Statute 32 H. 8.
Loan, Benevolence, Tax, and fuch like Charge, cap. II. Stat. 34 35 H 8. cap. 8. Popish Recu-
without Confent by Act of Parliament; nor upon fants are difabled to practife Phyfick, or to uſe
Refufal fo to do, be called to make Anfwer, take the Trade of an Apothecary, &c. under Penalties.
any Oath not warranted by Law, give Attendance, 3 Fac. 1. c. 5. The four Perfons called Cenfors,
or be confined, or otherwife molefted concerning annually chofen by the Prefident and College of
the fame, &c. And that the Subje&t fhould not be Phyficians, calling to their Affiftance the Wardens of
burdened by the Quartering of Soldiers or Mari- the Apothecaries Company in London, or one of them,
ners; and all Commiffions for proceeding by Mar- are empowered to enter into the Houſes, Shops, or
tial Law, to be annulled, and none of like Nature Warehouſes of Apothecaries, &c. and fearch and
iffued thereafter, left the Subje&t (by Colour there-examine Medicines, and to burn or destroy thofe
of) be destroyed or put to Death, contrary to the that are defective or decayed, or not fit for Ufe;
Laws of the Land, &c. See Stat. 3 Car. 1. cap. 1. but fubje&t to appeal to the College of Phyficians,
Detit Larceny, Parvum Latrocinium. Sce Lar-&c. 10 Geo. I. c. 20. In the Cafe of Dr. Bonham,
7 Fac. 1. is fhewn the Power of the College of Phy-
Petit Treafon, (Fr. Petit Trabifon, i. e. Proditioficians, in punishing Perfons for practifing Phyfick
minor) Treaſon of a leffer or lower Kind. 25 Ed. 3.
cap. 2. and 22 Hen. 8. cap. 14. Sec Treafon.
ceny.
Petra, Is a Weight, which we call a Stone, but
differing in many Parts of England; in fome Places
confifting of Sixteen, in others Fourteen or Twelve,
and eight Pounds. Cowel.
Detus, Pete, Combustible Earth dug up in fmall
Pieces for Fuel; it is ufually found in low Meadow
Ground. Cartular. Abbat. Glafton. MS.
Dettyfogger, (From the Fr. Petite, fmall, and
Sax, Fogere, a Suitor or Solicitor) Signifies a Petty
Attorney, or inferior Solicitor in the Law, or ra-
ther a Pretender to the Law, having neither Law
nor Confcience.
without Licenſe: They imprisoned the Doctor for
pra&tifing without a Licence; but it was adjudged
that they could not lawfully do it, for in fuch Cafe
they had no Power by the Stature to commit, but
they ought to fue for the Penalty of 5.1. per Month,
qui tam, &c. But in Cafe of Male Practice, the
Cenfors have Power to commit a Perfon; for they
may in fuch Cafe fine and imprifon by their Char-
ter, and they are Judges of Record, and not liable
to an Action for what they do by Virtue of their
Judicial Power. 8 Rep. 107. Carthew's Rep. 494.
Apothecaries taking upon them to adminiſter Phy-
fick, without Advice of a Doctor, has been adjudg
en Practising of Phyfick within the Statutes; the
proper Bufinefs of an Apothecary being to prepare
the Prefcriptions of the Doctor: In this Cafe the
Practice of Phyfick was faid to confift in judging of
the Difeafe and Conftitution of the Patient; and
of the fitteft and propereft Remedy for the Ditem-
c.per; and in directing or ordering the Application
of the Remedy to the Diſeaſed: And fo it was re-
folved, tho' no Fee was given the Apothecary. Mich.
2 Ann. B. R. 2 Salk 451. But this Judgment was
afterwards reverfed in the Houfe of Lords. Mod.
Caf. 44. It has been holden, that if a Perfon not
duly authorifed to be a Physician or Surgeon, under-
takes a Cure, and the Patient dies under his Hands,
he is guilty of Felony; but 'tis faid not to be ex
cluded the Benefir of Clergy. 1 Hawk. P. C. 87.
Pewterers, Are not to teach their Trades to
Foreigners, &r. Stat. 25 Hen. 8. cap. 9. Vide Brass.
Pharos, (From Pharus, a fmall Inland in the
Mouth of the Nile, wherein food a high Watch-
Tower) A Watch-Tower, or Sea-Mark: And no
Man can erect a Pharos, Light-Houfe, Beacon,
without lawful Warrant and Authority. Inft. 204.
Pheasants and Partridges. Theſe Birds of Game
are not to be taken or killed under Penalties, by
feveral Statutes. 11 H. 7. 23 Eliz. 1 Fac. 1. 4 &
5 W. & M. &c. See Game.
Philofopher's Stone. King Hen. 6. granted
Letters Patent to certain Perfons, who undertook
to find out the Philofopher's Stone, and to change
other Metals into Gold, &c. to be free from the
Penalty of the Stat. 5 Hen. 4. made against the At-
3 Inft. 74. See Multiplication of Gold and Silver.
Pícard, A Kind of a large Boat, of about fifteen
Tons or upwards, uſed on the River Severn. Stat.
35 H. 8. c. 9. 13 Eliz. c. 11.
Phylicians. No Perfon within the City of Lon-
don, or feven Miles thereof, fhall practice as a
Physician or Surgeon, without a Licence from the
Bishop of London, or Dean of St. Paul's; who are
to call to their Affiftance four Doctors of Phyfick,
on Examination of the Perfons before granted:
And in the Country, without Licence from the
Bishop of the Diocefe, on Pain of forfeiting 51. a
Month. 3 Hen. 8. cap. 11. By the 14 & 15 H. 8.
c. 5. the King's Charter for incorporating the Col-tempts of Chymifts of this Nature. Pat. 34 Hen. 6.
lege of Phyficians in London, is confirmed: They have
Power to chufe a Prefident, and have perpetual Suc-
ceffion, a Common Scal, Ability to purchaſe Lands,
&c. Eight of the Chiefs of the College are to be
called Elects, who from among themfelves ſhall
chufe a Preſident yearly: And if any fhall practice
Phyfick in the faid City, or within feven Miles of it,
without the Licence of the faid College under their
Seal, he fhall forfeit 51. Alfo Perfons pra&tifing
Phyfick in other Parts of England, are to have
Letters teftimonial from the Prefident and three
Elects, unless they be graduate Phyficians of Oxford,
or Cambridge, &c. The Stat. 32 H. 8. c. 10. ordains,
that four Physicians, (called Cenfors) fhall be yearly
chofen by the College of Physicians, to fearch Apo-
thecaries Wares, and have an Oath given them for
that Purpoſe by the Prefident; Apothecaries de-
nying them Entrance into their Houſes, &c. incur
a Forfeiture of 51. And the Phyficians refufing to
make the ſaid Search, are liable to a Penalty of 8 Geo. 1.
40s. And every Member of the College of Phy-Piece of Eight, Spanish Coin valued at about
ficians, is authorized to practife Surgery in London 4s. 6d. English Money, brought from Mexico, Peru,
or elſewhere. Perfons having a Knowledge and Ex- &c. Merch. Diet.
4
Piccage, (Piccagium, From the Fr. Piquer, i. e.
Effodere) A Confideration of Money, paid for the
Breaking up of Ground to fet up Booths, Stalls or
Standings, in Fairs; it is payable to the Lord of
the Soil.
Pickards. No Perfon fhall ufe any Iron Cards,
or Pickards, in rowing any Woollen Cloth, upon Pain
to forfeit the fame, and 20 s. for every Offence.
3 & 4 Ed. 6. c. 2.
Dicle, (Pictellum) A fmall Parcel of Land en-
clofed with a Hedge; a little Clofe: This Word
feems to come from the Italian Picciola, i. c. Parvus ;
and in fome Parts of England, it is called Pightel.
Pictures. A large Duty is granted on all Pic-
tures imported, payable into the Exchequer, &c. Stat.
·
Piepowder:
1
PI
PI
are
Piepowder-Court, A Court incident to Fairs and | ftallers, and for thofe that ufe falfe Weights, Per
Markets: And the Fair of St. Giles, held on the jury, Forgery, &c. 3 Inft. 219. Lords of Lects
Hills of that Name, near the City of Winchester, to have a Pillory and Tumbrel, or it will be Caufe
by Virtue of Letters Patent of K. Edw. 4. hath a of Forfeiture of the Leet; and it is faid that a Vill
Court of Piepowder of a tranfcendent Jurifdi&tion; may be bound by Prefcription to provide a Pillory;
the Judges whereof are called Justices of the Pavi- &c. 2 Hawk. P. C. 73.
lion, and have their Power from the Bishop of Win-
chefter. Prin. Animad. on 4 Inft. 191. See Court of
Piepowper.
Dies, Freres pies, Were a Sort of Monks; fo cal-
led, becauſe they wore black and white Garments
like Magpyes: They are mentioned by Walfingham,
p. 124.
Dietantia, A fmall Portion of Meat and Drink,
diftributed to the Members of fome Collegiate
Body, or other People, upon a high Festival, or
ftated Anniverſary. Libr. Statut. Eccl. Paul. Lond.
d. D. 1298.
...
Dietancíaríus, The Officer in Collegiate Churches,
who was to diftribute the Pittances, at fuch Times
and in fuch Proportions as were appointed by the
Donors. See Pitance.
Pigeons. Every Perfon who fhall fhoot at and
kill a Pigeon, may be committed to the common
Gaol for three Months, by two or more Juftices of
the Peace, or he fhall pay 20 s. to the Poor of the
Parish. Stat. Fac. 1. c. 27. And to fteal Pigeons
in a Pigeon-houſe, fhut up fo that the Owner may take
them, is Felony. 1 Hawk. P. C. 94.
Pigeon-house, Is a Place for the fafe Keeping of
Pigeons. A Lord of a Manor may build a Pigeon-
house or Dovecote upon his Land, Parcel of the Ma-
nor; but a Tenant of a Manor cannot do it, with-
out the Lord's Licence. 3 Salk. 248. Formerly
none but the Lord of the Manor, or the Parfon,
might ere&t a Pigeon-houfe; though it has been fince
held, that any Freeholder may build a Pigeon houfe,
on his own Ground. 5 Rep. 104. Cro. Eliz. 548. Cro.
Fac. 440, 382. A Perfon may have a Pigeon-houfe,
or Dove-cote, by Prefeription. Game Law, 2 Pa.
133. See Nufance.
·
Pilot, Is he that hath the Governnient of a Ship,
under the Mafter. And Pilots of Ships, taking up-
on them to conduct any Ship or Veffel from Dover,
or Deal, &c. to any Place up the River of Thames,
are to be firft examined and approved by the Mafter
and Wardens of the Society of Trinity-Houfe, &c.
or fhall forfeit 101. for the firft Offence, 20 1. for
the fecond, and 401. for every other Offence;
one Moiety to the Informer, and the other to the
faid Master and Wardens; but any Mafter or Mate
of a Ship, &c. may pilot his own Veffel up the faid
River: And if any Ship fhall be loft, through the
Negligence and Careleffnefs of any Pilot, he fhall
be for ever after difabled to act as a Pilot. 3 Geo. 1.
13. Alfo the Lord Warden of the Cinque Ports may
make Rules for Government of Pilots at Dover, Deal,
&c. and order a fufficient Number to ply at Sea to
condu&t Ships up the Thames. 7 Geo. I. cap. 21. No
Perfon fhall act as a Pilot on the Thames, &c. (ex-
cept in Collier Ships) without Licence from the Ma-
fter and Wardens of Trinity-Houfe at Debtford, on
Pain of forfeiting 20. And Pilots are to be fubject
to the Government of that Corporation; and pay
antient Dues not exceeding 1 s. in the Pound out of
Wages, for the Ufe of the Poor thereof. Stat. 5 Geo.
2. c. 20. By the Laws of France, no Perfon fhall be
received as a Pilot, till he has made feveral Voyages,
and hath pafs'd a ftri&t Examination; and after that,
on his Return in long Voyages, he is to lodge a
Copy of his Journal in the Admiralty: And if a
Pilot, by Ignorance or Negligence, fhall occafion
the Lofs of a Ship, he is to pay 100 Livres Fine,
and be for ever deprived of the Exercife of Pilotage;
and if he doth it defignedly, he fhall be punished
with Death, Lex Mercat. 70, 71. The Laws of O-
leron ordain, That if any Pilot fhall defignedly mif
guide a Ship, that it may be caft away, he fhall be
put to a rigorous and unmerciful Death, and hung
in Chains: And if the Lord of the Place where a
Ship fhall be thus loft, thall aber fuch Villains in
Order to have a Share in the Wreck, he fhall be ap-
prehended, and all his Goods forfeited for the Sa-
tisfaction of the Perfons fuffering; and his Perfon
fhall be fattened to a Stake in the Midst of his own
Manfion, which being fired on the four Corners
thereof, it fhall be burnt to the Ground, and he
with it. Leg. Ol. cap. 25. And by the Laws of Oleron,
if the Fault of a Pilot, be fo notorious, that the
Ship's Crew fee an apparent Wreck, they may lead
him to the Hatches, and ftrike off his Head; but
the Common Law denies this hafty Execution: An
ignorant Pilot is fentenced to pass thrice under the
Ship's Keel, by the Laws of Denmark. Lex Mercat.
70. Maſters of Ships fhall not oblige Pilots to pafs
through dangerous Places, or to fteer Courſes a-
gainft their Wills; but if there be a Difference in
Opinions, the Mafter may in fuch Cafe be governed
by the Advice of the most expert Mariners. Ibid.
Before the Ship arrives at her Place or Bed, while
fhe is under the Charge of the Pilot, if he or her
Goods perifh, or be spoiled, the Pilot fhall make good
the fame: But after the Ship is brought to the Har-
bour, then the Mafter is to take the Charge of her,
Dillozy, (Colliftrigium, Collum ftringens; Pilloria and anfwer all Damages, except that of the A&t of
from the Fr. Pilleur, i. e. Depeculator, or Pelori de- God, c. Leg. Ol. cap. 23. In Charter-parties of
rived from the Greek Hún, Janua, a Door, be- Affreightment, the Mafter generally covenants to
cauſe one ſtanding on the Pillory, puts his Head, as find a Pilot, and the Merchant to pay him: And in
it were, through a Door, and Ogaw, video) Is an Cafe the Ship fhall mifcarry thro' the Infufficiency
Engine made of Wood to punifh Offenders, by ex-of the Pilot, the Merchant may charge either the
poling them to publick View, and rendring them
infamous. There is a Statute of the Pillory, 51 H. 3.
And by Statute, it is appointed for Bakers, Fore-
Dila, Is that Side of Money which is called Pile,
becauſe it is the Side on which there was an Im-
preffion of a Church built on Piles; and he who
brings an Appeal of Robbery againſt another, muft
fhew the certain Quantity, Quality, Price, Weight,
c. valorem & Pilum, where Pilum fignifies Figuram
Monete. Fleta, lib. 1. cap. 39.
Dilettus, Was anciently used for an Arrow, as
had a round Knob a little above the Head, to hin-
der it from going far into a Mark; from the Lat.
Pila, which fignifics generally any round Thing like
a Ball.
Et quod Foreftarii non portabunt fagittas
barbatas, fed Piletos. Chart. 31 H. 3. Perfons might
fhoot without the Bounds of a Foreft with fharp or
pointed Arrows; but within the Foreft, for the Pre-
fervation of the Deer, they were to shoot only with
Blunts, Bolts, or Piles: And Sagitta Pileta was op-
pofed to Sagitta barbata; as Blunts to Sharps, in Ra-
piers. Matt. Parif.
Pilcus Supportationis, A Cap of Maintenance;
Pope Julius fent fuch a Cap with a Sword to King
Henry S. Anno 1514. Holling. pag. 827.
Dille, At Fouldrey in the County of Lancaster, is
called Pille by the Idiom of the Country, for a
Pile or Fort, built for the Safeguard and Protec-
tion of any Place: This Pille was erected by the
Abbot of Forneſſe in the first Year of K. Edw. 3. See
Pela.
Mafter, or the Pilot; and if he charges the Mafter,
fuch Mafter muft have his Remedy against the
Pilot. Lex Mercat. 70. See Lodmanage.
7 I
Pimp=
:
PI
PI
Pimp-Tenure. Willielmus Hoppelhort, tenet
dimidiam virgatam terre in Rockhampton de Domino
Rege, per fervitium cuftodiendi fex Damifellas, fcil. Me-
retrices, ad ufum Domini Regis. 12 Ed. 1. viz. by Pimp-
Tenure. Blount's Ten. 39.
Dinnas bibere, Or Ad pinnas bibere. The old
Cuftom of Drinking brought in by the Danes, was
to fix a Pin in the Side of the Waffal Bowl, and
fo to drink exactly to the Pin; as now is practifed
in a fealed Glafs, &c. This Kind of Drunkennefs
was forbid the Clergy, in the Council at London,
Anno 1102.
Pioneers, (Fr. Pionniers, i. e. Fofores) Are fuch
Labourers as are employed in the King's Army, to
caft up Trenches, or undermine Forts. Stat. 2 & 3
Ed. 6. c. 20.
Pipe, (Pipa) Is a Roll in the Exchequer, other-
wife called the Great Roll; and there are feveral
Officers of the Pipe, &c. 37 Ed. 3. cap. 4. It is also
a Meaſure of Wine, containing two Hogfheads, or
Half a Ton, that is, one hundred and twenty-fix
Gallons; mentioned in 1 R. 3. c. 3.
Piquant, A French Word for Sharp, made uſe of
to exprefs Malice or Rancour against any one.
Law Fr. Dic.
out any
other Prince, and brings the Goods into England and
fells them in a Market-overt, the fame ihall be
binding and the Owners be concluded. Hob. 79.
When Goods are taken by a Pirate, and afterwards
the Pirate making an Attack upon another Ship, is
conquered and taken by the other, by the Law
Marine the Admiral may make Reftitution of the
Goods to the Owners, if they are Fellow Subjects of
the Captor's, or belong to any State in Amity with
his Sovereign, on paying the Cofts and Charges,
and making the Captor an equitable Confideration
for his Service. Lex Mercat. 184. If a Pirate at Sca
affault a Ship, and in the Engagement kills a Per-
fon in the other Ship, by the Common Law all the
Perfons on board the Pirate Ship are Principals in
the Murder, although none enter the other Ship;
but by the Marine Law, they who gave the Wound
only fhall be Principals, and the Reft Acceffaries,
if the Parties can be known. 28 Eliz. Yelv. 134. It
has been holden, that there cannot be an Accellary
of Piracy, by the Law of this Realm; but if it
happens, that there is an Acceffary upon the Sea,
ſuch Acceffary may be puniſhed by the Civil Law,
before the Lord Admiral: And it was made a
Doubt, whether one, who was an Acceffary at Land
Pirates, (Pirate) Are common Sea-Rovers, with- to a Felony at Sea, were triable by the Admiral,
fix'd Place of Refidence, who acknowledge within the Purview of 28 Hen. 8. Though this is
no Sovereign and no Law, and fupport themfelves fettled by 11 & 12 W. 3. which provides that Ac-
by Pillage and Depredations at Sea: But there are ceffaries to Piracy, before or after, fhall be inqui-
Inftances wherein the Word Pirata has been for- red of, tried and adjudged according to the faid
In Cafe the Subjects of a
merly taken for a Sea Captain. Spelm. Pirates are Statute. 2 Hawk. 222.
Enemies to all; for which Reafon neither Faith Prince in Enmity with the Crown of England, enter
nor Oath is to be kept with them : They are denied themfelves Sailors on Board an English Pirate, and
Succour by the Laws of Nations; and by the Civil a Robbery is committed by them, who are after-
Law, a Ranfom promiſed to a Pirate, if not com- wards taken; it is Felony in the English, but not
plied with, creates no Wrong; for the Law of Arms in the Strangers: But in antient Times it was Petit
is not communicated to fuch, neither are they ca- Treafon in the English, and Felony in the Strangers:
pable of enjoying that Privilege, which lawful Ene. And if any Englishman commits Piracy upon the
mies are entitled to in the Caption of another. Lex Subje&ts of any Prince or State in Amity with the
Mercat. or Merch, Comp. 183. If a Pirate enters a Crown of England, they are within the Stat. 28 H. 8.
Port or Haven, and affaults and robs a Merchant If the Subjects of any Nation or Kingdom in Ami-
Ship at Anchor there; this is not Piracy, becaufe it ty with England, fhall commit a Piracy on the Ships
is not done upon the High Sea; but it is a Robbery or Goods of the English, the fame is Felony, and
at the Common Law, the A&t being infra Corpus Co punishable by this Statute: And Piracy committed
mitatus : And if the Crime be committed either fu- by the Subjects of France, or of any other Country
per Altum mare, or in great Rivers within the Realm, in Friendship with us, upon the British Seas, is pro-
which are looked upon as common Highways, there perly punishable by the Crown of England only.
it is Piracy. Sir Fra. Moor 756. And it has been Lex Mercat. 186, 187. A Piracy is attempted on the
held, that Piracy being an Offence by the Civil Law Ocean, if the Pirates are overcome, the Takers may
only, fhall not be included in a Statute fpeaking immediately inflict a Puniſhment, by hanging them
generally of Felonies, as to Benefit of Clergy, &c. up at the Main-yard-End; though this is under-
which fhall be construed only of thofe Felonics ftood where no legal Judgment may be obtained:
which are fuch by our Law; as thofe Piracies are And hence it is, that if a Ship fhall be on a Voyage
which are committed in a Port or Creek, within to any Part of America, or the Plantations there, on
the Body of a County. 2 Hawk. P. C. 345. If a a Difcovery of thofe Parts; and in her Way fhe is
Ship be riding at Anchor at Sea, and the Mariners attacked by a Pirate, but in the Attempt the Pirate
Part in their Ship-Boat, and the Reft on Shore, fo is overcome; the Pirates may be forthwith executed,
that none are left in the Ship; and a Pirate fhall without any Solemnity of Condemnation, by the
attack her, and commit a Robbery, the fame is Marine Law. Ibid. 184. By Stat. 28 Hen. 8. cap. 15.
Piracy. 14 Ed. 3. And where a Pirate affaults a all Robberies and Felonies committed by Pirates at
Ship, and only takes away fome of the Men, in or- Sea, &c. fhall be enquired of, heard and determi-
der to the Selling them for Slaves; this is Piracy:ned in any County of England, by the King's Com-
And if a Pirate fhall make an Attack on a Ship,
and the Mafter for the Redemption is compelled
to give his Oath to pay a certain Sum of Money,
though there be no Taking, the fame is Piracy by
the Marine Law; but by the Common Law there
muſt be an a&ual Taking, as in Cafe of Robbery
on the Highway. Lex Mercat. 185. But the Taking
by a Ship at Sea, in great Neceffity, of Victuals,
Cables, Ropes, &c. out of another Ship, is no Pi-
racy į
if that other Ship can fpare them, and paying
or giving Security therefore. Ibid. 183. A Pirate takes
Goods upon the Sea, and fells them, the Property
is not thereby altered, no more than if a Thief up-
on the Land had ſtolen and fold them. 27 Ed. 3. cap.
13. Godb. 193. Yet by the Laws of England, if a
Man commits a Piracy upon the Subjects of any
miffion, as if the Offences had been committed on
Land; and fuch Commiffion fhall be directed to the
Lord Admiral, &c. and three or four other Perfons,
as fhall be named by the Lord Chancellor, who fhall
hear and determine fuch Offences after the com-
mon Courſe of the Laws of the Kingdom uſed for
Felonies and Robberies, &c. and award Judgment
and Execution against Perfons indicted on the Sta-
tute, as against Felons for any Felony done upon
the Land; and the Offenders fhall fuffer fuch Pains
of Death, Lofs of Lands and Goods, as if they
had been Attainted of fuch Offence committed on
Land, &c. This Statute doth not alter the Of-
fence of Piracy, but leaves it as it was before, viz.
Felony only by the Civil Law; but giveth a Trial
according to the Common Law, and inflicts Pains
of
D
I
PI
PL
ご
​ļ
ratical Goods. So it is of a Grant de bonis Felonum,
the Grantee fhall not have Goods ftolen, but the
true and rightful Owner. But the King ſhall have
piratical Goods, if the Owner be not known. 10 Rep.
109. Dyer 269. Fenk. Cent. 325.
Dilcary, (Pifcaria, vel Privilegium Pifcandi) Is a
Right or Liberty of Fishing in the Waters of ans
other Perfon: And there are three Sorts of Piſca-
ries, Libera Pifcaria; Separalis Pifcaria; and Commu-
nis Pifcaria. See Fishing, and Common of Pifcary.
Pifcenarius, Is ufed in old Records for a Fiſh-
monger. Pat. 1 Ed. 3.
Pit, Is a Hole wherein the Scots uſed to drown
Women Thieves; and to fay condemned to the Pit,
is as when we fay condemned to the Gallows.
Skene.
Pit and Gallows. See Foffa and Furca.
Pítance, (Pitancia, modicum) A little Repaft, or
Refection of Fish or Flefh, more than the common
Allowance.
Johannes Dei Gratia, &c. Con-
ceffimus, &c. In ufus Pauperum, & ad Refectionem
Monachorum, qui illis diebus Officia divina pro Defunctis
celebrabant, que Refectio Pitancia vocat, &c. Rot
Char. ad Hofpital. S. Salvator. San&ti Edmundi, &c.
Ann. 1. Reg. Johan. p. 2.
Pitching-pence, Is that Money, commonly a
Peny, which is paid for Pitching, or fetting down
every Bag of Corn, or Pack of Goods, in a Fair
or Market.
Placard, (Fr. Plaquart, Dutch Placcaert) Hath
feveral Significations: In France, it is a Table,
wherein Laws, Orders, &c. are written and hung
up; and in Holland, it is an Edict or Proclamation;
alfo it fignifies a Writing of fafe Conduct; with us
it is little ufed; but it is mentioned as a Licence
to ufe certain Games, &c. in the Stat. 23 P. E
M. cap. 7.
of Death, &c. as if the Offenders had been con-
victed of any Felony done upon the Land:3 Inft.
II 2. H. P. C. 77. And no Attainder for this Oi-
fence corrupts the Blood, the Statute mentioning
only that the Offender fhall fuffer fuch Pains of
Death, Lofs of Lands, &c. as if he were attainted
of a Felony at Common Law; but fays not, that
the Blood fhall be corrupted. 3 Inft. 112. Likewife
the Offender is to be tried on the Statute, to forfeit
his Lands, &c. which are not forfeited by the Civil
Law. 1 Lill. Abr. The Stat. 11 & 12 W. 3. cap. 7.
enacts, That all Piracies, Felonies and Robberies
committed in or upon the Sea, or in any Haven,
&c. where the Admiral bath Jurifdiction, may be
tried at Sea or upon the Land, in any of his Ma-
jefty's Islands, Plantations, c. abroad, appointed
for that Purpoſe, by Commiffion, under the Great
Seal, or Seal of the Admiraly, directed to fuch
Commiffioners as the King ſhall think fit; who may
commit the Offenders, and call a Court of Admiral-
ty, confifting of feven Perfons at leaft; or for Want
of feven, any three of the Commiffioners may call
others; and the Perfons fo affembled may proceed
according to the Courfe of the Admiralty, pafs Sen-
tence of Death, and order Execution of the Crimi-
nals, &c. And Commiffions for Trial of the faid
Offences within the Jurifdiction of the Cinque Ports,
fhall be directed to the Warden of the faid Cinque
Ports, and the Trial to be by the Inhabitants of the
fame Ports. And by the faid Statute 11 & 12 W. 3.
if any natural-born Subjects or Denizens of England,
fhall commit Piracy against any of his Majefty's Sub
jects at Sea, under Colour of any Commiffion from
any foreign Prince, they fhall be adjudged Pirates:
If any Matter of a Ship or Seaman give up his
Ship, &c. to Pirates, or combine to yield up or
run away with any Ship; or any Seaman fhall lay
violent Hands on his Commander, or endeavour a Place, (Locus) Where a Fact was committed, is
Revolt in the Ship, he fhall be adjudged a Pirate, to be alledged in Appeals of Death, Indi&ments,
and fuffer accordingly; alfo if any Perfon fhall. And Place is confiderable in Pleadings, in
diſcover a Combination for running away with a fome Cafes: Where the Law doth require a Thing
Ship, he fhall be intitled to a Reward of 10%. for to be fet down in a Place certain, the Party muft
every Veffel of 100 Tons, and 157. if above: And
all Perfons who fhall fet forth any Pirate, or be af
fifting to thofe committing Piracy; or that fhall con-
ceal fuch Pirates, or receive any Veffel or Goods
piratically taken, fhall be deemed acceffary to the
Piracy, and fuffer as Principals. The 6 Geo. 1. Olacíta, Is a Word often mentioned in our Hifto-
makes the Stat. 11 & 12 W. 3. c. 7. perpetual: Andries, and Law Books: At first it fignified the pub-
by 8 Geo. I. c. 24. Mafters of Ships trading with Pi-lick Affemblies of all Degrees of Men where the
rates, or furnishing them with Stores, &c. and Per-King prefided, and they ufually confulted upon the
fons correfponding with Pirates, are declared guilty great Affairs of the Kingdom; and thefe were called
of Piracy and fhall be tried according to the Generalia Placita, becauſe Generalitas univerforum ma-
Statutes 28 Hen. S. and 11 & 12 W. 3. and fuffer jorum tam Clericorum quani Laicorum ibidem conveniebat :
Death, forfeit Lands, &c. Ships fitted out with And this was the Cuftom in our neighbouring Na-
Defign to trade with Pirates, and the Goods fhall be tion of France, as well as here, as we are told by
forfeited: And Mafters of Ships, and Seamen of Bertinian, in his Annals of France, in the Year 767.
Ships carrying Guns, being attacked by Pirates, if Some of our Hiftorians, as Simeon of Durham, and
they do not defend their Ships, fhall forfeit their others, who wrote above 300 Years afterwards, tell
Wages, and be imprifoned fix Months; but Seamen us, that thofe Affemblies were held in the open
wounded in the Defence of Ships againft Pirates, Fields; and that the Placita Generalia, and Curia Re-
fhall be admitted into Greenwich Hofpital, &c.gis, were what we now call a Parliament: It is
When an English Ship fhall have been defended by true, the Lords Courts were fo called, viz. Placita
Fight againſt Pirates, and any of the Officers or Generalia, but oftner Curic generales, becauſe all their
Seamen fhall be killed or wounded, the Judge of Tenants and Vaffals were bound to appear there.
the Admiralty, or Mayor or chief Officer of any The Word Placita was likewife fometimes applied
Port, affifted by four Merchants, may by Procefs to Penalties, Fines, Mul&ts, or Emendations, ac-
levy a Sum not exceeding 2 per Cent, of the Value fcording to the Black Book in the Exchequer, Lib. 2.
of the Ship and Goods defended, to be diftributed Tit. 13. And hence is the old Cuftom, Comes habet
among
the Officers and Seamen, or the Widows and tertium denarium Placitorum. Leg. Hẹn. 1. cap. 12.
Children of the Perfons killed. Lex Mercat. 186. It is now taken for Pleadings or Debates, and Trials
Pirates are always excepted in general Pardons: at Law.
And the Indi&ment for Piracy muft alledge the Fact
to be done upon the Sea; and have both the Words
Felonice and Piratice, &c.
Pirates Goods. In the Patent to the Admiral
he has granted to him Bona Piratar: The proper
Goods of Pirates only pafs by this Grant ; and not pi-
in his Pleading fay, it was done there. Co. Lit. 282.
When one Thing doth come in the Place of another,
it fhall be faid to be of the fame Nature; as in
Cafe of an Exchange, &c. Shep. Epit. 700. See
Local.
+
lacitare, i. e. Litigare & Caufas agere, to plead :
And the Manner of Pleading before the Conquest
was, Coram Aldermanno & Proceribus, & coram Hun-
dredrariis, &c. MS. in Bibl. Cotton.
Placitatoz, A Pleader: Ralf Flambard is recorded
to be Totius Regni Placitator. Temp. W. 2.
Placitum
PL
PL
Placitum nominatum, Is the Day appointed for fomething of fmall Value; and then if he doth not
a Criminal to appear and plead, and make his De-appear, a farther Diftrefs is to be taken to a greater
fence. Leg. Hen. 1. cap. 29, 46.
Value, and fo on; if all his Goods are diftrained
upon the firft Diftrefs, Attachment may be iffued
out of B. R. against the Officers, &c. Ibid. A
Plaintiff in an Affife may abridge his Plaint of any
Part whereunto a Bar is pleaded. 21 Hen. S. cap. 8.
See County-Court.
any
เ
Plague. Mayors, Bailiffs, Head Officers of
Corporations, and Juftices of Peace, have Power
to tax Inhabitants, Houfes and Lands, &c. within
their Precincts, for the Relief of Perfons infected
with the Plague; and Juftices of the County may tax
Perſons within five Miles round, on a Pariſh's In- Plaint In a Superior Court, is faid to be the Caufe
ability; the Tax to be levied by Diftrefs and Sale for which the Plaintiff doth complaim against the
of Goods, or in Default thereof by Impriſonment: Defendant, and for which he doth obtain the King's
Infected Perfons going abroad, after commanded Writ: For as the King denies his Writ to none, if
to keep Houfe for avoiding turther Infection, may there be Caufe to grant it; fo he grants not his
be refifted by Watchmen, &c. and puniſhed as Va-Writ to any, without there be Caufe alledged for
grants, if they have no Sores upon them; and if it. 2 Lill. 294.
they have infectious Sores on them, it is Felony; Plantation, (Plantatio, Colonia) Is a Place whi-
Juftices of Peace, &c. are to appoint Searchers, ther People are fent to dwell; or a Company of
Examiners, and Buriers of the Dead, in Places in- People tranfplanted from one Place to another,
fected, and adminifter Oaths to them for the Per- with an Allowance of Land for their Tillage.
formance, of their Duties, &c. Stat. 1 Fac. 1. c. 31. Litt. Dict. All Waftes, which the Natives of
Some Places in the Baltick being infected with the Country make no Ufe of, nor can receive any Da-
Plague, in the Reign of Queen Anne, an A&t was mage by their being in the Hands of others, may
made for obliging Ships coming from thence to lawfully be poffeffed by Planters: If a Nation or
perform their Quarentine during the Infection in People fhould happen to be expelled out of their
Foreign Parts; and Matters of Ships coming on own Land; they may feek void Places in fome
Shore, during the Quarentine, are to forfeit their other Country, and there may justly plant; and the
Ships, &c. And others directed to take Care of immediate poffeffing fuch Plantations creates a Right
the Quarentine, permitting any to come on Shore, against all Perfons but he that hath Empire there.
fhall forfeit 1001. 9 Ann. cap. 2. During the late Lex Mercat. 156. And where Perfons having arrived
Reign that Marſeilles in France was infected, a Statute in any Territories and planted there, if before they
was made with further Proviſions for the Preventing can reap the Fruits of their Labour the Neceffitics
of Infection: By this A&t, Ships coming into Ports, of human Life are wanting, by the Laws of Nature
are to perform Quarentine; and Perfons quitting they may force a Subfifience from a Neighbour
Ships before performed, fhall incur the Forfeiture Planter; and the Reafon is this, that a Subfiftence
of 2001. Goods after Quarentine performed are belongs to every Man, unless he has merited to
to be aired; and Ships infected, to be burnt: His lofe the Life which he feeks to preſerve. Ibid. Our
Majefty may make Orders concerning Quarentine; Plantations abroad are chiefly Iflands in America,
and, in Time of Infection here, caufe Lazarets to over which there are particular Governors; and the
be provided for the Sick, and Lines and Trenches Islands of Jamaica and Barbadoes, with fome others,
to be caft up about Places, &c. And infected Per- are very populous, and much frequented by unfor
fons were to be removed from their Houfes to fuch tunate Perfons, who have fo great Privileges and
Lazarets; and efcaping from thence, or out of the Advantages in Trade, that by their Induftry and
Lines of Places, to be guilty of Felony: Watches Application, a prefent Misfortune is oftentimes at-
to be appointed by Juftices of Peace, to keep Peo-tended with a future Happineſs, by accumulating
ple within the Lines, &c. 7 Geo. I. cap. 3. And by great Wealth from the Products of thefe foreign
a fubfequent Act, the King is enabled to prohibit Colonies. Geograph. Epitom. 228. The English Plan-
Commerce with any Countries infected, by Procla-tations contain Jamaica, Barbadoes, Virginia, Mary-
mation; Perfons trading contrary to the Proclama-land, New England, New York, Carolina, Bermudas,
tion, their Goods and Ships fhall be forfeited and and the Leeward lands, &c. And there is lately
Officers of Ports may refift the Entrance of Ships, a Settlement in America much encouraged, called
by firing of Guns, &c. Perfons going to Places in-Georgia, under the Management of divers Trustees,
fected, incur a Pramunire; and coming from fuch &c. The Plantation Islands being gotten by Conqueft,
Places, fhall be adjudged guilty of Felony. 8. Geo. 1.
rap. 8. The Claufes in the A&t 7 Geo. 1. relating to
Removal of Perfons infected to Lazarets, and ma-
king Lines about Towns, &c. are repealed by
8 Geo. 1. cap. 10. And theſe laft A&ts, are fince ex-
pired: But farther Proviſion is made for performing
Quarentine, by 1 Geo. 2. c. 17. And againft export-
ing Goods to any Places infected, or importing any
Merchandize from thence, &c. by Stat. 6. Geo. 2.
cap. 34.
or by fome of the King's Subjects going in Search
of fome Prize, and planting themfelves there, the
King is not reftrained by the Laws of England to go-
vern them by any particular Laws, but may go-
vern them by what Law he will: But it has been
adjudged, That the Laws and Customs by which the
People of any Ifland or Plantation were governed
before the Conqueft thereof, do bind them until
new Laws are given; for there is a Neceffity that
the former Laws fhould be in Force till new are
Plaint, (Fr. Plainte, Lat. Querela) Is the Exhi- obtained, and even then fome of their old Cuſtoms
biting any Action, real or perfonal, in Writing; may remain, as they do in Barbadoes, &c. If an
and the Party making his Plaint is called the Plain-uninhabited Country be newly found out by English
tiff. Kitch. 231. A Plaint in an inferior Court is Subjects, all the Laws of the Kingdon of England
2. Salk. 411.
the Entry of an Action, after this Manner: A. B. are immediately in Force there.
con plains against C. D. of a Plea of Trespass, &c. and
there are Pledges of Profecuting, that is to Jay, John
Doe and Richard Roe. The firft Process in an in-
feriour Court is a Plaint, which is in the Nature of
an Original Writ, becauſe therein is briefly fet forth
the Plaintiff's Caufe of Action; and upon this
Plaint there may iffue a Pone, till the Return of a
Nibil, upon which a Capias will not lie against the
Body of the Defendant. 2 Lill. Abr. 294. Where a
Plaint is levied in an inferior Court, the Defendant
must be firft diftrained for Non-appearance, by
3 Mod. 159. 4 Mod. Rep. 225, 226. All that are
appointed Governors of the Plantations, fhall, before
their Entrance into their Government, take an Oath
to do their utmost to put the Laws in Force in the
faid Plantations; and upon Complaint to the King,
or fuch as he fhall appoint, that fuch Governors
have been wittingly negligent therein, the Gover-
nors fo offending fhall be removed, &c. 12 Car. 2.
c. 18. 7 & 8. W. 3.. And by the Stat. 11 & 12 W:
3. c. 12. If any Governor, Deputy-Governor, or
Commander in Chief of any Plantation or Colony.
量
​within
A
3
PL
PL
Ship and all her Furniture, Guns, Ammunition,
one Moiety to the King, and the other Moie-
ty to him that will fue for the fame in any of the
faid Plantations, or in the Court of the High Admi-
ral of England, or of any Vice Admiral, or any
Court of Record in England. 22 & 23 Car. 2. c. 26.
But thefe Penalties feem to be taken off by the
Stat. 25 Car. 2. c. 7. which ordains, that if any Ship
or Veffel fhall come to any of his Majefty's Planta-
tions to fhip any Sugar, Tobacco, &c. and Bond
fhall not be firft given to bring the fame to Eng-
land, there fhall be anſwered to the King ſeveral
Duties before Lading thereof, and under fuch Pe
-
within his Majesty's Dominions beyond the Seas,
hall opprefs any of his Majefty's Subjects within
their respective Governments, or be guilty of any
other Crime or Misdemeanor, contrary to the
Laws of this Realm, or thofe in Force within their
Governments; fuch Oppreffions, &c. fhall be in-
quired of, heard and determined in the Court of
King's Bench in England, or before fuch Commiffion-
crs, and in fuch County of this Realm, as the King
fhall appoint, and by good and lawful Men of fuch
County; and the like Punishments fhall be inflicted
as are ufual for fuch Offences here in England. The
Courts of Juftice abroad, cannot tranfmit a Matter
or Caufe to the King and Council here for Difficul-nalties as for Non-payment or Defrauding the
ty, but are to determine the Right, and give Judg- King of his Cuftoms in England. Goods are to be
ment one Way or other. But on an Appeal brought imported and exported from and to the Plantations
in the Plantations, the Party appealing muft procure in Ships built in England or Ireland, or the faid
the Proceedings to be tranfmitted, and proceed Plantations; and navigated with the Mafter and
within a Year after the Appeal allowed there, or it three Fourths of the Mariners of the faid Places,
fhall be difmiffed with Cofts. 2 Ld. Raym. 1447. All on Pain of forfeiting Ship and Goods, c. And all
Laws, Ufages or Cuftoms in Practice in any of the Ships, lading or unlading any Goods at any of the
Plantations, which are repugnant to the Laws made Plantations in America, and the Mafters and Com-
in this Kingdom, are declared null and void. 7 & 8 manders thereof fhall be fubject to the fame Rules,
W. 3. c. 22. By the fame Statute, all Places of Truft Vifitations, Searches, Penalties, and Forfeitures, as
in the Courts of Law, or relating to the Treafury, Ships and their Ladings are liable to in England;
in any Ifland, Colony or Plantation, belonging to and the Officers for collecting the Customs there,
England, fhall be in the Hands of the Native-born fhall have the like Powers as the Officers of the
Subjects of England, Ireland, or of the faid I Cuftoms in this Kingdom; and Perfons affifting in
fland; alfo Tracts of Land on the Continent of A Concealments, fhall be fubje&t to the like Penal-
merica, held by Charter or Letters Patent, fhall not ties, c. 7 & 8 W. 3. c. 22. Perfons ferving on
at any Time be aliened or fold to any other than Board, or retained to ferve on Board any Trading
the Natural-born Subjects of England, Ireland, &c. Ships, in any Part of the Plantations of America, or
without the King's Licence. Stat. Ibid. No Alien any Perfons being on Shore there, may not be im
fhall be a Merchant or Factor in any of the Terri- preffed by any Ships of War; unless fuch Perfons
tories and Plantations belonging to England, in Afia, fhall be Deferters from fuch Ships, on the Penalty
Africa or America, on Pain to lofe all his Goods, of 201. Stat. 6 Ann. In Actions depending in the
one Third to the King, another Third to the Go- Plantations, Debts may be proved here on Oath be
vernor of the Plantation, and the other Third to any fore Mayors of Towns, &c. and certified abroad :
Perfon fuing in any of the King's Courts there. And Lands, Houfes, Negroes, &c. in Plantations,
12 Car. 2. And no Governor abroad fhall be a Fac- fhall be liable to fatisfy all Debts and be Affets, as
tor or Agent under the Penalty of 5001. &c. 89| Real Eſtates are here, and Perfonal Eſtates there.
W. 3. Governors of the Plantations are not to fuffer 5 Geo. 2. cap. 7. A Duty is laid on Rum, Molaffes
any Foreign-built Ship or Veffel to load or unload and Sugar of foreign Plantations, imported into any
Goods, till a Certificate is produced, that the Own- British Plantations in America; and no Sugars, Rum,
er or Owners are not Aliens, and Examination is or Spirits of America, may be imported in Ireland,
made: And no Sugars, Tobacco, Ginger, Indico, but what are loaden in Great Britain, in Ships law-
c. of the Growth of any English Plantations in A-fully navigated, on Pain of Forfeiture, &c. Stat.
merica, fhall be transported to any Place but to fome 6 Geo. 2. c. 13. The Duties payable here on im-
English Plantation, or to England, Ireland, &c. on porting refined Sugar, c. from the Plantations,
Pain of Forfeiture and the Ship, one Moiety to the to be repaid on Exportation out of the Kingdom.
King, and the other to him that will feize and fue Ibid. Any of his Majefty's Subjects, in Ships built
for the fame. 12 Car. 2. cap. 18. For every Veffel in Great Britain, may carry Rice from the Province
which fets out from England or Ireland for any of the of Carolina in America, directly to any Part of Eu-
faid Plantations, Bond fhall be given, with one rope fouthward of Cape Finiftre, without going to any
Surety, to the chief Officers of the Cuftom-houfe other Plantations, &c. being licenſed by the Com-
the Place whence the fails, of 10col. if the Ship miffioners of the Cuftoms; and thereupon fhall be
be under 100 Tuns, and of 2000-Penalty if of allowed Half Subfidy. S Geo. 2. c. 19. And Perfons
greater Burthen; that if the faid Veffel load any refiding here, and in the Sugar Colonics abroad,
of the faid Commodities at ſuch Plantations, it may in Ships built in this Kingdom load in the faid
fhall bring them to fome Fort of England, &c. Colonies, any Sugars of the Growth and Manufac-
And for all Ships coming from any other Ports to ture of the Plantations, and carry them to any fo-
thoſe Plantations, the Governors, before the Ship bereign Part of Europe; on taking out a Licence there-
permitted to load, fhall take fuch Bond that it fhall
carry the Merchandize to fome other English Plan-
tations, or to England or Ireland; and every Ship ta-
king on board any of the aforefaid Goods before
fuch Bond given, or Certificate thereof, &c. fhall
be forfeited; and the faid Governors fhall twice in
every Year return true Copies of fuch Bonds to the
chief Officers of the Cuftoms in London, &c. Ibid.
If any Veffel ſhall take on board any of the Com-30.
modities aforefaid, at any of the faid English Plan
tations, before Bond be given, as directed by
12 Car. 2. or Certificate produced from the Officers
of fome Cuſtom-houſe in England, &c. that fuch
Bond hath been there given; or fhall carry the
faid Goods to any Place, contrary to the Tenor of
fuch Bonds, the fame fhall be forfeited, with the
•
fore, and fo as they do not take in Tobacco, or c-
ther enumerated Goods; or Sugars, not being the
Product of his Majesty's Subjects, upon Pain of
Forfeiture, and the Veffel, &c. And when any-
Ship hath delivered her Lading in foreign Parts,
fhe is to return to Great Britain, and having other
Goods on Board, they are there to be entred at the
Cuftom-house and Landed, &c. Stat. 12 Geo. 2. c.
Every Mafter of a Ship carrying Merchandi-
zes to or from the Plantations in America, fhall upon
Oath before the Governor or Collectors of the Cu-
ftoms there, give a true Account of the Name and
Burthen of the Ship, and of the Place from whence
fhe came; and depofe that it is the fame Ship, de-
feribed in the Certificate, and regiftred to be built
in Great Britain, &c. which he believes to belong
7 K
wholly
PL
PL
•
}
wholly to British Subjects, and that no Foreigner has
any Share therein to his Knowledge, . And if
fuch Proof be not made, the Veffel and Goods will
be forfeited. 15 Geo. 2. cap. 31. Rum or Spirits
imported from the British Sugar Plantations, on En-
try may he landed, and put into Warehouſes, pro
vided by the Importers, they firft giving Bond for
paying the Duty within fix Months, if the fame be
fold, or at that Tine on Delivery of the Goods,
c. by 1.5 Geo. 2. c. 25. Perfons born in the Planta-
tions are accounted Subjects; and by a late Statute,
fuch Foreigners as have inhabited for feven Years
or more in our Plantations, fhall be taken as natural
born Subje&s here. Stat. 13 Geo. 2. cap. 7. See
turalization.
T
་
receive the Profits thereof.
confirming whatfoever his faid Attorney, or his Substitute
or Subftitutes, by and under bim appointed, shall do, exe-
cute and perform, or caufe to be done, executed and per-
formed, in and about, or touching or concerning the faid
Premiffes. In Witness, c.
Felons transported to the Plantations, for certain
Terms of Years, c. by 4 Geo. 1. cap. 11. 6 Geo. 1.
cap. 22. See Clergy and Felony.
Dlate, Hoy, or fmall Water Veffel. 13 Eliz.
cap. 15.
1
Playhouse. Playhouses were originally inſtituted
with a Defign of recommending Virtue to the Imi-
Natation of the People, and expoling Vice and Folly;
and therefore are not in their own Nature Nufances:
But it hath been helden, that a common Playhouſe
may be a Nufance, if it draw together great Num-
Form of a Power to let and demife Plantations, and bers of Coaches, &c. as prove generally inconveni-
ent to the Places adjacent. 5 Mod. 142.
If any
Perfons fhall in Plays, &c. jeftingly or profanely
ufe the Name of God, they fhall forfeit 10%. Stat.
Fac. 1. c. 21. And Players Speaking any Thing in
Derogation of Religion, c. are liable to Forfei
cures and Imprifonment. I Eliz. Alfo acting Plays
or Interludes on a Sunday, is fubje&t to Penalties,
by 1 Car. 1. cap. 1. No Perfon fhall at any new
Play, or Addition to an old one, &c. unleſs a true
Copy thereof, figned by the Mafter of the Play-
house, be fent to the Lord Chamberlain fourteen
Days before acted; who may prohibit the repre-
fenting any Stage-Play: And Perfons acting contra-
ry to fuch. Prohibition, fhall forfeit 501. and their
Licences, &c. Stat. 10 Geo. 2. c. 28. And by this
Statute, no Licence is to be given to at Plays, but
in the City and Liberties of Westminster, or Places
of his Majefty's Refidence. Ibid.
O all People, &c. A. B. of, &c. fendeth Greet-
ing. Whereas the faid A. B. is feifed in his
Demesne, as of Fee, ef and in two feveral Plantations
in the Island of Barbadoes, called or known by the
Names of, &c. together with the Slaves, Horfes, Mills,
Coppers, and other Appurtenances thereunto belonging
Now know ye, That the faid A. B. hath conftituted,
authorized and appointed, and by thefe Prefents doth con
ftitute, authorize and appoint C. D. of, &c, and hereby
give to him full Power and Authority, in his Name, and
to kis Ufe, to enter into and upon the faid Plantations,
whereof be the faid A. B. is now fe fed as aforefaid, and
to have, receive and take the Rents, fues and Profits of
the fame respectively, with the Appartenances; and to
leafe, demife, let and fet, to fuch Perfon or Perfons as
he shall think fit, all his Plantations and Tracts of
Land, Negroes, Horfes, Coppers and Mills whatsoever,
in the faid Ifland of Barbadoes, or any Part thereof,
for fuck Term or Number of Years, not exceeding, &c.
and for and under fuch yearly and other Rents, Covenants,
Provifo's and Agreements as he thinks fit or convenient;
or otherwife to manage, occupy or employ the fame, &c.
as to him the faid C. D. fhall feem beft, and for the
greatest Benefit and Advantage: And from Time to Time,
to receive and take the Revenues and Profits of the faid
Houfes, Plantations, Lands and Premies above men-
tioned; and to use and take all lawful Methods, by Action,
Diftrefs, or otherwife, for the obtaining and recovering of
the Rents, fues, and Profits of all or any Part of the
faid Premiffes, or to compound for the fame as he shall
think fit; and to give Acquittances or Difcharges therefore.
And the faid A. B. doth hereby make, ordain, conftitute
and appoint the faid C. D. his true and lawful Attorney,
for him and in his Name, and to his Uſe to ask, require,
demand, fue for, recover and receive, all and every Sum
and Sums of Money, Sugars, Debts, Goods, Wares and
Mer handizes, due, owing, or belonging, or to grow due
or belonging to him the faid A. B. from any Perfon or
Perfons whatfoever in the faid Island of Barbadoes;
and on Non-payment or Non delivery thereof, or of any
Part thereof, for him and in bis Name, to use and take
all proper Methods, according to the Laws and Customs of
the faid and for the recovering of the fame: And on
Payment or Delivery, thereof to his faid Attorney, to releafe
and difbarge the Perfon and Perfons fo paying and deli-
vering the fame: And be the faid A. B. doth hereby fur-
ther authorize and empower the faid C. D. to do, execute
and perform all other lawful and reaſonable Act and Acts,
Thing and Things whatsoever, for him, and in his Name,
or otheravife, touching and concerning the Management or
Difpofal of all or any Part of his Eftate, Real or Perfonal,
within the faid Island of Barbadoes, and for the Reco-
vering and receiving the Profits and Produce thereof, or of
any Part or Parcel thereof, or any other Matter or Thing
whatſoever, as fully as he himself might or could do, if
be were perfonally prefent; and one or more Attorney ar
Attornies under him, to make, fubftitute, and appoint,
for all or any the Purposes aforefaid; hereby ratifying and
4
י,
Plea, (Placitum) Is that which either Party al-
ledges for himfelf in Court, in a Caufe there de-
pending to be tried: And Pleading in a large Senfe,
contains all the Matters which come after the De-
claration, as well on the Defendant's as the Plain-
tiff's Side, till Iffue is joined; but is commonly ta-
ken for the Defendant's Anfwer to the Plaintiff's
Declaration. Pleas are divided into Pleas of the
Crown, and Common Pleas ; Pleas of the Crown are all
Suits in the King's Name, for Offences committed
against his Crown and Dignity, and alfo against the
Peace, as Treafons, Felonies, Maihem, &c. And
Common Pleas are thofe that are agitated between
common Perfons, in Civil Cafes: And Pleas may
be farther divided into as many Branches as Ac-
tion; for they fignify all one. S. P. C. cap. 1. 4 Inft.
10. A Plea to the Action is that which goes to the
Merits of the Cauſe or Action; and is General to
the Declaration, or a Special Plea: A General Plea
in Debt or Contra&t, is He owes nothing: In Debt on
Bond, 'Tis not his Deed, or He paid it at the Day; in
Action of the Cafe upon a Promife, He hath not pro-
mifed; in Trefpafs upon the Cafe, Not guilty; in
Covenant, Performance of Covenants, &c. A Special
Plea contains the Matter at large, concluding to
the Declaration or Action; and Special Pleas are
many, as by Duress and Per Minas, and in Fuftifica-
tion, that in Affault and Battery, the Plaintiff truck
the firft Blow, &c. In Wafte, on Nul Waste plead-
ed, the Defendant cannot plead juftifiable Waſtc;
but he may give in Evidence, Lightning, Ene-
mies, c. to prove it to be no Wate: He is to
confefs the Fact, and plead fpecially in theſe Cafes.
Finch 362, 378. 1 Inst. 282, 372. Special Pleas in
Anfwer to the Plaintiff's Declaration, are of two
Kinds; Pleas in Bar, and in Ahatement; and every
Plea must be pleaded either in Bar to the Action
brought, or in Abatement of the Writ upon which
the Action is framed, or it is but a Difcourfe, and
not a Plea. A General Plea is drawn on a little
Piece of Two-penny flamp'd Paper, without Coun-
fel's Hand, only the Defendant's Attorney's Name
:
2
is
PL
PL
t
*
Plea, on Arguing whereof, if the Plea be not good,
the Court will not after permit him to amend it;
and when a dilatory Plea in Abatement is over-
ruled, there fhall be a Refpondeas Oufter, except an
Iffue be joined on it. 6 Mod. 102. And if a Plea
in Bar of the Action is over-ruled, Judgment fhall
be given against the Defendant. Lutw. 42. Where
is to it; and he is to pay the Plaintiff's Attorney tation of Actions; Diſability of the Plaintiff; Pri-
for entring it: Special Pleas are drawn up in Form, vilege of the Defendant, or other Matter; for fe
fetting forth the Matter pleaded, c. and must be veral Matters pleadable in Abatement, may be
figned by Counfel, or they will not be received: pleaded in Bar. Praft. Attorn. I Edit. 82. Alfo he
A Foreign Plea is to be ingroffed in Parchment, may plead another Action depending of the fame
and figned by Counfel, and be put in upon the Nature, for the fame Thing, &c. and if a Perfon
Oath of the Defendant, that the Plea is true. Practifmiftaking his firft Action, bring another Action with-
Attorn. Edit. 1. pag. 8o. And when a Defendant hath out discontinuing the Firft, this Plea may be plead-
pleaded, the Plaintiff anfwers the Defendant's Plea, ed. 1 Salk. 392. There is likewife a Plea puis Dar-
which is called a Replication; and the Defendant an- rein Continuance, where the Defendant hath pleaded
ſwer's the Plaintiff's Replication, by Rejoinder; which a Plea, and before Trial there happens fome new
the Plaintiff may anfwer by Surrejoinder, and fome- Matter, which will avoid the Action: It may be
times, though feldom, Pleadings come to Rebutter, pleaded after Iffue joined, at any Time before the
in anfwer to the Surrejoinder; and Surrebutter. Verdict; but after Verdict, and before Day in Bank,
1 Inft. 303. In good Order of Pleading, a Perfon there is no Day to plead it; fo that the Remedy is
ought to plead, ift, To the Jurifdiction of the Court. by Audita Querela. Cro. Fac. 646. A Defendant in
2dly, To the Perfon of the Plaintiff, and next of any Suit, &c. with Leave, may plead feveral Mat
the Defendant. 3dly, To the Writ, 4thly, To the ters; but if any fuch Matter be excepted to, and
Action of the Writ, sthly, To the Count or Decla- found infufficient, Cofts fhall be given: And no di
ration. 6thly, To the Action itſelf in Bar thereof: latory Plea fhall be allowed in any Court of Re-
A Plea to the Jurifdiction is called a foreign Plea, cord, unless the Truth of it be proved by Affidavit;
becauſe it alledges that the Matter ought to be tried or fome probable Matter be fhewn. 45 Ann. cap.
in another Court, &c. Pleas to the Perfon have been 16. When a Declaration, or Bar, are defective in
formerly fix, viz. Villenage, Outlawry, Excommu- Circumftances of Time, Place, &c. this may be
nication, the Party an Alien, our of Protection, and helped by the Pleading of the adverſe Party to it;
profcffed in Religion; but the laft is now no Plea. but not if it be infufficient in Matter. 2 Ventr. 222.
The Plea to the Writ, &c. is for Variance between 1 Dano. Abr. 156. If the Defendant pleads a dila-
the Writ and Record, Death of Parties, Mifnomer, tory and frivolous Plea, to hinder the Plaintiff from
Jointenancy, and may be to the Writ and Bill, going to Trial; the Court, on Motion, will order
or Count together. Pleas to the Count or Declaration the Defendant to plead fucha Plea as he fhall
are Variance between the Writ and the Count, Spe-ftand to, or to accept of a Demurrer to his dilatory
cialty or Record, Incertainty, and all thefe
are properly Pleas in Abatement. Plea to the lion
of the Writ is where one pleadeth fuch Matter which
meweth the Plaintiff had no Cauſe to have the Writ
brought. And a Plea in Bar to the Action itself, is
when the Defendant pleadeth a Pleq which is fuffi-
cient to overthrow the Action of the Plaintiff.
Kitch. 95. Litt. 196. Pleas in Bar, fuch as a Re-it is doubtful between the Partics, whether a Plea
leafe, the Statute of Limitations, Agreement with be good or not, it cannot be determined by the
Satisfaction, c. deſtroys the Plaintiff's Action for Court on Motion, but there ought to be a Demur-
ever: But Pleas in Abatement are temporary and rer upon the Plea; and on Arguing thereof, the
dilatory, and do not deftroy the Action, only ftop Court fhall judge of the Plea whether good or bad:
the Caufe for a while, 'till the Defect is removed; And no Advantage can be had of double Pleading,
as where there is fome Fault in the Writ or Decla- without fpecial Demurrer. 2 Lill. Abr, 310. Lutw.
ration, Mifnomer of the Defendant, where the 422. But though the Court is to judge of Plead-
Plaintiff is excommunicate, &c. A Plea to the Ju-ings, they will not direct any Perfon how to plead,
rifdiction, of Mifnomer, or any other Plea in Abate-notwithstanding the Matter be difficult; for the
ment, cannot be pleaded after an Imparlance; tho' Parties muft plead at their Peril, and Counſel are
a Plea in Bar may, becauſe that goes to destroy the to adviſe, &c. If the Plaintiff's Attorney will
Action, 2 Lutw. 1174. Pleas in Bar may come af confent, the Defendant may waive his Plea pleaded,
ter a Continuance, or general Imparlance; but if
fuch Plea be firft pleaded, the Defendant fhall not
be admitted afterwards to plead in Abatement of
the Writ, which is allowed to be good by Pleading
in Bar to the Action: Yet Matter of Record may
be fhewn in Arreft of Judgment, and thereby the
Writ be abated. Hob. 280, 281. By Imparlance a
Writ or Bill is admitted to be good, fo that after it
Plex in Abatement ought not to be received; but if
it be accepted, and the Plaintiff doth demur to it,
the Demurrer is good: After a Defendant hath
pleaded in Abatement, and before he pleads direct
ly in Bar, he may demur to the Declaration of the
Plaintiff, as he may where he is adviſed that the
Declaration is infufficient, &c. Pract. Solic. 235,
236. It has been refolv'd, That where a Plea is in
Abatement, if it be of Neceffity that the Defen-
dant muſt diſcloſe Matter of Bar, he fhall have his
Election to take it either by Way of Bar or Abate
ment. 2 Mud. 65. If the Defendant can have no
Advantage by Pleading in Abatement, or by De-
murring in Law, he may afterwards plead in Bar;
and before he pleads any fpecial Matter in Bar, he
may plead in general, viz, A Releafe or Defea
fance; Acceptance of other Things; Tender of A-
mends; Concord or Acord; Arbitrament; Auter
feits Bar by former Judgment; the Statute of Limi
without moving the Court; but if he will not con-
fent, it cannot be done without moving the Court.
Trin. 1651. A Defendant may wave his Special
Plea, and plead the general Iffue, if there be no
Joinder in Demurrer. 2 Salk. The Defendant, be-
fore Joinder in Demurrer, may amend his Plea ;
and fo after Joinder in Demurrer, before argued:
And where a Defendant has demurred, and the
Plaintiff joined; the Court will oftentimes allow him
to withdraw his Demurrer, and plead to the Action,
if the Plaintiff hath not been put by a Trial.
Practif. Solic. 303. A Defendant had Leave to plead
de novo in four Days, within which Time he ought
to have pleaded in Chief; but instead of that he
pleaded an Outlawry of the Plaintiff, &c. and there-
upon the Plaintiff figned Judgment, for Want of a
good Plea: But on Payment of Cofts, &c. and plead-
ing to Iffue immediately, the Judgment was fet a
fide. Trin. 10 Geo. 1. B. R. Mod. Caf. in L. and E.
289. A Plea may be amended, if it be but in Pa-
per, and not entered, paying Cofts: If after the
Defendant hath pleaded, the Plain iff alters his De-
claration, the Defendant may alter his Plea. 2 Lill.
322. Pleas, c. in Englife, may be amended in Pa-
per, or on Record, and even after Judgment, on
Payment of Coffs, &c. by Stat, 4 Geo 2. Falfhood
in a Defendant's Plea, if it be not hurtful to the
Plaintiff,
!
PL
1
:
P. L
·
+
*
+
Plaintiff nor beneficial to the Defendant, it doth fter, needs not be certainly alledged as the, Subſtance
no so
no Injury; as it doth where detrimental to the itself. Plowd. 81. He that pleadeth in the Negative,
Plaintiff, &c. Ibid. 297. Tho' if an Attorney pleads is not bound to plead fo exactly as he who pleads
a falfe Plea by Deceit, it is against his Oath, and he in the Affirmative And that which a Man cannot
may be fined. 1 Salk 515. Concerning Pleas in ge- have certain Knowledge of, he is not bound cer-
neral; all Pleas are to be fuccinct, without unne-tainly to plead. Plowd. 33, 80, 126, 129. Every
ceffary Repetitions, and be direct and pertinent to Affirmative in Pleading, ought to be anſwered with
the Cafe, not by Way of Argument or Rehearfal; an exprefs Negative; and if a Perfon be na-
and the Plea of every Man fhall be taken moftmed to be Dwelling at A. 'tis no Plea to fay,
ftrongly against himfelf. 2 Lill. 304. The Plea muft that he is an Inhabitant at fome other Place;
directly anfwer the Charge in the Plaintiff's Decla- unless it conclude in the Negative and not at A.
ration, or it will not be good. I Dano. Abr. 235. If it 1 Inft. 126. 19 Hen. 6. 1. It is a Rule in Plead-
doth not answer all the Matter contained in the De-ing, That when a Man pleads fpecial Matter,
claration, the Plaintiff fhall have Judgment as for and concludes generally, he thereby waves the
Want of a Plea. 1 Lev. 16. A Defendant pleads that fpecial Matter. Farrell. Rep. 53. Pleas that are too
he did not receive Sol but doth not fay or any general are not good. I Lutw. 239.
2 Salk. 521.
Part thereof; and the Plea was adjudged ill, for he And every Plea ought to be fingle and certain; and
might receive 791. and yet not the whole, &c. not be double, or contain a Multitude of diftin&t
2 Mod. Rep. 146. And in pleading a Tender, at Matter to one and the fame Thing, whereto feveral
the Putting in of the Plea, the Money is to be Anfwers are required, which will not be allowed;
brought into Court, or the Plea will not be accept- nor where the Defendant pleads two Matters, each
ed, but the Plaintiff fhall fign Judgment. 2 Lill being a fufficient Bar to the A&tion, unless one de-
Abr. 308. But when Judgment in Ejectment is pends upon the other, or the Defendant cannot
figned for Want of a Plea, if Poffeffion be not de come at the one without fhewing the other, when
livered, a Judge before the Affifes may compel the it is good. 11 Rep. 52. 1 Vent. 48, 272. 2 Nelf. Aby
Plaintiff to accept of a Plea. 2 Salk. 516. If a 1254. A double Plea will not be good; for where
Thing is fhewed in Pleading, and it is not after- there is double Matter, no certain Iffue can be
taken: But a Plea is no double which contains di
wards traverfed or averred fpecially to the con-
trary, it will be taken to be confeffed: Though vers Matters, if it would not have answered the
the Confeffion of one Defendant in his Plea, fhall whole Declaration without alledging all thofe Mar-
not prejudice another. Plowd. 48. Hob. 64. A Reters in it, and which are neceffary in the Defendant's
leafe pleaded to an Action of Trefpafs, without juft Defence. 2 Lill. Abr. 300. Where the Matter
fhewing when it was made; fhall be taken before is indifferent to be well or ill, and the Party pleads
the Trefpafs done: And a Plea of Difcharge or over, the Court will intend it well. Mod. Caf. 13.6.
giving Notice, &c. muft fhew how given to Rep. If there be a Repugnancy in pleading, it is Erro.
40. Plowd. 128. Dyer 41. Every Man muft plead 2 And. 182. Fenk. Cent. 21. And a Man fhall no
fuch Plea as is proper for him; but that need not take Advantage of his own Wrong, by Pleading, &c;
be pleaded on one Side, that will come properly Cro. Fac. 588. A Man cannot plead any Thing af
on the other. Hob. 3, 78, 162. Pleadings which terwards which he might have pleaded at firft. Ibid.
amount to no more than the general Iffue, are not 318. Though Surplufage fhall never make the Plea
to be allowed, but the general Iffue fhall be en-vicious, but where it is contrary to the Matter be-
tered; and where the Defendant pleads the general fore. Raym. S. The Court never orders a Defen-
Iffue, he ought to plead fo that the whole Matter dant to plead peremptorily, till all the Rules
in Queftion may be tried. 2 Lill. 302. 2 Nelf. Abr. are out: And where the. Plaintiff amends and
1246. 1 Salk. 394. If the Defendant is not con gives an Imparlance, there fhall be new Rules
ftrained to plead a fpecial Plea, he may plead the given to plead, but not if there is no Imparlance.
general Iffue proper to the Action brought, and 2 Salk. 517. In the Court of C. B. if the Defen-
give the fpecial Matter in Evidence: And in many dant doth not plead on Rule to answer, before the
Cafes general Pleadings are permitted, to avoid Rule is expired, the Plaintiff's Attorney may after-
Tedioufnefs and Multiplicity, and the Particular wards enter up Judgment by Nil dicit. Pract. Solic.
fhall come on the other Side; as in Cafe of a Con- 303. If a Copy of the Plaintiff's Declaration be
dition to perform all Covenants in an Indenture, delivered to the Defendant's Attorney before the
c. but where a Thing refts in a Man's own No- Effoin-Day of the Term, he may be compelled to
tice, he muft plead it particularly. 1 Inft. 303. plead that Term, or Judgment fhall be entered
8 Rep. 133. 2 Danu. Abr. 249. 2: Nelf. 1249. If a against him: By the ufual Courfe, the Defendant is
Party pleading derives an Eftate to another, under to anſwer the fame Term in which he appears, if it
which he doth not claim any Thing, there gene- be an iffuable Term, and the Writ is returnable at
ral Pleading is fufficient, becaufe he hath no the Beginning thereof; but generally a Defendant
Means to know another Man's Title; but 'tis other- hath Time to plead till the next Term. Pract. Attorn.
wife where he himself claims under it. Carthew Edit. 1. By an Order of Court, reciting that by
209. General Eftates in Fee-fimple may be gene- the former Practice Defendants have ufually been
rally alledged; Eftates in Tail, and particular E-allowed eight Days Time to plead; it was ordered,
ftates, must be fhewed. A Plea of Conveyance of that four Days only fhould be allowed fuch Defen-
Lands, &c. inter alia, where the Conveyance con- dants from the Time of giving any Rules. Ord. Trin.
tains more than relates to the Matter of the Plea, 1727. And on Procefs returnable the first or fe-
is good. I Roll. Rep. 72. Bonds and Deeds are to cond Returns of 'Terms; the Defendant is to plead
be pleaded with a Profert hic in Curia, &c. Ibid. 1261. in four Days, if he lives within twenty Miles of
If one comes in by A&t of Law, the general Alle- London, and eight Days if farther off, after Delivery
gation will fuffice; and Things Spiritual, or where of the Declaration, with Notice to plead, &c. or on
the Plea confifts of Matter infinite, may be gene- Default, the Plaintiff may fign his Judgment. Ord.
rally pleaded: All neceffary Circumftances im- Trin. 5 Geo. 2. On there being special Pleadings in
plied by the Law, need not be expreffed in the any Action, the Secondary will give Rules to reply;
Plea; but when any ſpecial or fubftantial Matter is and if the Defendant come to iffue, or there be a
alledged, it fhould be ſpecially anſwered; and fo Demurrer, the Pleas are to be given to the Clerk
Matters of Record, where they are the Foundation of the Papers, who gives Rule for the Defendant to
of the Suit, or Subftance of the Plea. 10 Rep. 94. rejoin, &c. Special Pleas are left with one of the
3 Cro. 749. Ploud. 65. That which is alledged by Clerks of the Papers, and the Plaintiff's Attorney
Way of Inducement to the Subſtance of the Mat-is to take a Copy thereof from him, for which he
T
1
pays
PL
PL.
་
i
med: And this he is ready to verify; wherefore he prays
Fudgment of the faid Bill, and that the fame may be
quashed, &c.
(Repl.) And the faid A. faith, That notwithstanding
any Thing by the faid C. above in Pleading alledged, his
faid Bill ought not to be quashed; because he faith, that
the faid C. is named and called, and on the Day of ex-
bibiting the faid Bill, was named and called, as well by
the Name of C. D. as by the Name of, &c. And he
prays that this may be inquired of by the Country.
pays 6 d. per Sheet, and put in his Replication; and
then he carries the Declaration to him, who will
make up the Paper-Book, and write a Rule on the
Side: This Paper Book is to be delivered to the
Defendant's Attorney, and he muft pay for entring
his warrant of Attorney, and 10 d. a Folio for his
Pleadings, c. And if the Defendant doth not re-
ceive the Paper-Book, and return it to the Attor-
ney for the Plaintiff, on his calling for it to be
entered in four Days; then a Non Prof. may be en-
tered for Want of a Plea. See 6 Mod. 22. When a
Matter is exprefly pleaded by one Party in the
Affirmative, which is exprefly pleaded to and de- A Plea in Bar of an Action, with Replication and
nied by the other Party, the next Thing is to be
an Iffue in order to 'Trial, that they may not plead
Plea to the Plaintiff's
upon be found
Rejoinder.
in infinitum. Raym; 199., If a Pind for the Defen. A defends the Forbjor, and Attorney, comes and
dant, the Writ fhall abate: And if to the Perfon, ever else he ought to defend, when and where the Court
Action, or Jurifdiction, it be found for the Plaintiff, will take the fame into Confideration, and faith, that the
he fhall recover the Thing in Demand. Fenk. Cent. Said A. ought not to have or maintain his faid Action
306. The Law requires in every Plea two Things, thereon against him; because he faith, That after the faid
viz. Matter fufficient; and that it be exprefs'd ac- Promife and Affumption in Form aforesaid made, and
cording to the Form of the Law. Hob. 164. But it before the exhibiting the faid Bill of the faid A. that
is faid a Man is not bound to one Form of Plead-is to Jay, On the Day, and in the Year, &c. at M. afore-.
ing, fo he plead the Subftance of the Matter. Plow. Said in the County aforesaid, be the faid C. well and truly
435. The old Way of Pleading a Record was to paid to the faid A. the faid Twenty Pounds, according to
begin at the Original, and not omit any Continu- his Promife and Affumption aforefaid: And this he is rea
ance, &c. And there is a Diverfity where a Judg. dy to verify; wherefore he prays Fudgment, if the faid
ment is feveral, and when 'tis entire; for if forty A. ought to have or maintain his faid Action against
Acres of Land are recovered, here a Plea of Re- him.
(Repl) And the faid A. faith, that notwithſtanding
covery of twenty Acres is ill; but it fhould be
pleaded of the forty Acres, where of twenty are any Thing above pleaded by the faid C. be the faid D
Parcel. Comber 253. All Pleas are to be in En- ought not to be precluded from having his faid Action´ a
glish, and not in Latin, by the late Statute: Each gainst the faid C. because he says that the faid C. did not
Plea is to have its proper Conclufion; and regular-pay to him the faid A. the faid Twenty Pounds, in Man-
ly all Pleas that are affirmative conclude, And this ner and Form as the faid C. hath above by his Plea al-
he is ready to verify, &c. A Plea in Abatement be- ledged; and he prays that this may be inquired of by the
gins, That the Defendant ought not to answer to the Bill, Country.
(Rejoind.) And the faid C. as formerly faith, That ke
&c. and concludes to the Declaration thus: Where-
upon he prays Fudgment of the Bill, or Declaration afore-paid the faid A. the faid Twenty Pounds, on the Day.
faid; and that the Bill be quafh'd, &c. In a Plea in and in the Year aforesaid, at the Place aforesaid, &c.
Bar, the Defendant in the Beginning fays, That the as he hath before alledged; and of this he puts himſelf
Plaintiff ought not to have or maintain his Action against upon his Country; and the faid A. does likewife the fame,
him; and concludes to the A&tion, viz. He prays
Judgment if the Plaintiff ought to have or maintain his
Pleas in Criminal Cafes. One indi&ted of Felony,
Action against him, &c. A Plea of a Record ought
to conclude, And this he is ready to verify by the Re-&c. ought not to be allow'd to plead to the Indict-
cord, &c. Pract. Solic. 236. 2 Nelf. 1269. Tis
faid that the Conclufion makes the Plea; for if it
begins in Bar, and concludes in Abatement, it is a
Plea in Abatement. 1 Ld. Raym. 337.
&c.
1
ment, 'till he holds up his Hand at the Bar; which
is in Nature of an Appearance, &c. A Prifoner on
his Arraignment may plead the general Iffue, or in
Abatement, &c. or demur to the Indictment; and
he may plead in Bar, Auterfoits Acquit, Auterfcits
Convict before Judgment, Auterfoits Attaint, &c. viz.
Form of a Plea, That the Defendant owes nothing, That he was heretofore acquitted, convicted, or at-
A
in Debt.
ND the faid C. D. comes and defends the Force and
Injury and Damages, &c. when, &c. And faith
That the faid A. B. ought not to have or maintain his
Action aforesaid against him; becauſe he faith, that hẹ
doth not owe to the faid A. the faid Sum of Ten Pounds,
Part thereof, in Manner and Form as the faid A.
above complains against him; and of this he puts himſelf
upon his Country, &c.
or any
A Plea of Mifnomer, in Abatement, and Replication.
A
tainted of the fame Felony, H. P. C. 228. 3 Inft. 213,
214. A Criminal may alfo plead a Pardon, or Be-
nefit of Clergy; tho' this laft is not ufually pleaded
until he has otherwife pleaded before. Vide Auter-
foits Acquit.
Pleas of the Sword, Were the Pleas of the Dig
nity of the Earl of Chefter; fignifying Sovereign
Authority. King Will. 1. gave the Earldom of
Chefter to his Half-Brother Hugh Lupus, Ancestor to
Ranulph, the third Earl of Chefter; Tenere ita libere
per Gladium, ficut ipfe Rex Willielmus tenuit Angli
am per Coronam: And Earl Ranulph, Anno 2 Hen. 3.
granted to his Barons of Cheshire, a Charter of Li-
berties, Exceptis Placitis ad Gladium, &c. Rot. Pat.
3 E. 4. According to the Grant of Will. 1; in all
Indi&tments for Felony, Murder, &c. in that Coun-
ty Palatine, the Form was anciently
Pacem Domini Comitis, Gladium & Dignitatem, &c.
Contra
ND the faid C. by T. E. his Attorney, comes and
defends the Force and Injury above laid to his
Charge; and prays Fudgment of the faid Bill, or faith,
that he ought not to be compelled to answer to the Bill a-
Plebania, Plebanalis Ecclefia, a Mother Church
forefaid, because he faith, that be the faid C. is not the
fame Perfon, &c. and is called and known, or was bap having one or more fubordinate Chapels. Blount.
Plebanus, A Rural Dean, because the Deaneries
tized by the Name of, &c. And by the fame Name and
Surname from the Time of his Nativity hitherto bath were commonly affix'd to the Plebanie, or chief
always been called and known, and not by the Name of Mother Church within such a Diftri&, at first
C. D. &c. as in the Bill is above fuppofed, or he is na-commonly of ten Parishes: But it is inferred from
divers
7 L
PL
PL
}
1
*
*
divers Authorities, that Plebanus was not the ufual
Title of every Rural Dean; but only of fuch a Pa-
rifh Prieft in a large Mother-Church, exempt from
the Jurifdiation of the Ordinary, who had the Au-
thority of a Rural Dean committed to him by the
Archbishop, to whom the Church was immediately
fubject. Wharton Angl. Sacr. Pa. I. pag. 569. Reg.
Eccl. Chrift. Cantuar. MS.
Plebiscitum, A Law or Statute made by the
joint Confent of the People or Commons without
the Senate. Litt. Dift.
|
•
lieth without any Specialty fhewed thereof: As it
has been held, that a Man fhall have an A&tion of
Debt against him who becometh Pledge for another
upon his Promife to pay, the Money, without any
Writing made of it. New Nat. Br. 210, 304.
Plena fozisfa&tura, A Forfeiture of all that one
hath, &c. See Forfeiture.
↑
*
Plenarty, Is a Term ufed in Ecclefiaftical Affairs,
where a Church is full of an Incumbent. A Clerk
inducted may plead his Patron's Title; and being
inftituted by the Space of Six Months, his Patron
Pledge, (Lat. Plegius, Fr. Pleige, i. e. Fidejuffor) A may plead Plenarty against all common. Perfons.
Surety that undertakes for another Man in Action Pload. 501. Inftitution by Six Months, before a
of Trefpafs, &c. Pledges are Bail to Actions; alfo Writ of Quare impedit brought, is a good Plenarty
upon fuing out fome original Writs it is thus infert- against a common Perfon; but Plenarty is no Plea
cd, viz. Si A. B. fecerit te fecurum de Clamore fuo Pro-against the King, 'till fix Months after Induction.
Sequendo tunc pone per vadios falvos Plegios C. D. & E. F. 1 Inft. 119, 344. Plenarty for fix Months is not ge-
de, &c. quod fit, &c. Or the Pledges are generally nerally pleadable againſt the King, becauſe he may
John Doe and Richard Roe. 2 Lill. Abr. 329 Thofe bring Quare Impedit at any Time, and Nullum. Tem-
that bail or redeem any Thing but the Body of a pus occurrit Regi: Though if a Title devolves to the
Man, are called Pledges: And Pledges are ufually King by Laple, and the Patron prefents his Clerk
found for the Demandants in Real Actions, and by. Ufurpation, whosis: inftitured and inducted, and
Plaintiffs in Perfonal Actions. Ibid. The Reafon of enjoys the Benefice for Six Months, this is fuch a
finding thefe Pledges was, that the Plaintiff fhould Plenarty as deprives the King of his Prefentation.
profecute his Suit with Effect to Judgment, and 2 Inft. 361. And Plenarty by fix Months after Infti-
not put the Defendant to unneceffary Trouble and tution is a good Plea againit the Queen Confort;
Charge; for if he were nonfuired at the Trial, the although the claims the Benefice of the King's
Entry of the Judgment upon it was thus. Ideo Confi- Endowment. Wood's Inft. 160. Upon Collation of
derat, eft quod præd. Quer. Pleg. fui de Profequend. fint a Biſhop by Lapfe, Plenarty is not pleadable; for
inde in Mifericordia, &c. The Plaintiff's Pledges that the Collation doth not make a Plenarty, by Reafon
he fhall profecute his Suit may be entered at any the Bifhop would be Judge in his own Caufe: The
Time pending the Action; and the Putting in of Bishop muft certify whether the Church is full, or
Pledges is now but a meer formal Thing; yet if the not; and his Collation is interpreted to be no
Pledges be not entered at all, it is Error, becauſe the more than to fupply the Cure 'till the Patron doth
Law directs the Plaintiff to find Pledges. Trin. 22 prefent; and 'tis for this Caufe a Plenarty by Col-
Car. B. R. In the Return of a Venire facias, the lation cannot be pleaded against the right Patron:
Omiffion of the Returning of the Pledges is but Mat- But by Collation, Plenarty may be a Bar to any
ter of Form, and not like unto where Pledges are Lapfe of the Archbishop, and to the King, though
omitted upon an original Writ; wherefore it has 'tis no Bar to the right Patron. :6_Rep. 50. 1 Inft.
been adjudged to be help'd by the Statutes of Feo 344. 2 Cro. 207. Plenarty or not fhall be tried by
fails. 2 Nelf. Abr. 944. Want of Pledges hath been the Bishop's Certificate, being acquired by Inftitu-
held to be Subftance; but it is aided by the Statutetion,
of 4 & 5 Ann. unlefs fet forth particularly for
Cauſe upon a Demurrer. 2 Lill. 39. 2 Lill. Abr.
329. The Pledges, John Doe, &c. are entred by the
Defendant; on his being arrefted, and giving com:
mon Bail for his Appearance, &c.
Pledges of Goods For Money, &c. See Pawns.
And there is a Pledge in Law; where the Law with-
out any ſpecial Agreement between Parties doth en-
able a Man to keep Goods in Nature of a Diftrefs,
c. a Shep. Abr. 442.
Bledgery, (Fr. Pleigerie, Lat. Plegiagium) Signi-
fies Surerythip, an Undertaking or Antwering for:
And the Appellant fhall require the Conftable and
Marfhal to deliver his Pledges, and difcharge them
of their Pledgery, after that he is come into the Lifts,
&c. Orig. Fur. ex Cod. MS. in Bibl. Seldeniana.
+
which is a Spiritual Act; but in a Quare Im
pedit, the Plenarty must be tried by a Jury. 6 Rep.
49. By the Common Law, where a Perfon is pre-
fented, inftituted and inducted to a Church, the
Church is full, though the Perfon prefented be a
Layman; and. fhall not be void, but from the
Time of the Deprivation of the Incumbent for his
Incapacity. Count. Parf. Compan. 99. Avoidance is
contrary to Plenarty; as where there is a Want of
a lawful Incumbent, c.
Plene adminiftravit, Is a Plea pleaded by an
Executor or Adminiftrator, where they have admini-
tred the Deceased's. Eftate faithfully and justly be-
fore the Action brought against them. On Plene
adminiftravit pleaded by an Executor, if it be
proved that he hath Goods in his Hands which were
the Teftator's, he may give in Evidence that he
Plegiis equictandis, Is a Writ that lies for a hath paid to the Value of his own Money, and need
Surety, against him for whom he is Surety, if he not plead it fpecially; for when an Executor before
pay not the Money at the Day. F. N. B. 137. If the Action, hath paid the Money in equal Degree
the Party who becomes Surety be compelled to pay with that demanded by the Plaintiff, he may plead
the Money, &c. he fhall have this Writ against the fully adminiftred generally, and give the Special
Perfon who ought to have paid the fame: And if a Matter in Evidence. 2 Lill. Abr. 330. And where
Man be Surety for another to pay a Sum of Money, a Teftator or Inteftate was indebted to the Execú-
fo long as the Principal Debtor hath any Thing, tor or Administrator, upon Bond, they may plead
and is fufficient, his Sureties fhall not be deftrain-Plene adminiftravit, and give their own Bonds in E-
ed by the Statute of Magna Charta; if they are vidence against any other Bond; fo likewife upon
diftrained by the Sheriff, &c. they fhall have a fpe-an Indebitatus, having the Privilege of paying them-
cial Writ upon the Starute to difcharge them. Magn.
Chart. 9 H. 3. c. 8. But if the Plaintiff fue the
Sureties in C. B. where the Principal is fufficient to
pay the Debt, whether the Sureties may plead that
and aver that the principal Debtor is fufficient to
pay it; or whether they hall have a Writ to the
Sheriff not to diftrain in fuch a Cafe, hath been made
a Queſtion. New Nat. Br. 306. It was adjudged
Pafch. 43 Ed. 3. that the Writ de Plegiis acquietandis
felves firft. Ibid. Plene adminiftravit is no Plea where
an Executor, &c. is fued in the Debet and Detinet,
becauſe he is charged for his own Occupation.
1 Mod. 185. And if Plene Adminiftravit be pleaded,
omitting the Words, And that he hath not any Goods or
Chattels of the Teftator, nor had on the Lay of exhibiting
the Bill aforesaid, or at any Time after, &c. it is naught
on a Demurrer, and not helped by Verdict. Cro.
Fac. 132. Lev. 28. Where the Executor, E.
¡
&
4.
is
PL
PO
is to fhew fpecially, how he hath adminiftred the
Goods, vide Aleyn 48. See Executors.
Plevín, (Plevina, from the Fr. Pleuvine) Vide
Replevin.
light, Is an old English Word, ufed fometimes
for the Eltate, with the Condition and Quality of
the Land. Inft. 221.
Annum in the King's Books; if the Perfon to be
difpenfed withal, be not incapable thereof: Yet if a
Difpenfation is made to hold three Benefices with
Cure, whereof the firft is of the yearly Value of 8 1.
the Difpenfation is void, unless it be in Cafe of the
King's Chaplains, c. who may hold three Bene-
fices with Cure, above the Value of 8 I. a Year,
where one of them is in the King's Gift. Hob. 148.
If there be two Parfons of one Church, and cach
Parfon hath the entire Cure of the Parish, and their
Benefices be feverally of the Value of 81. per ann.
if one dies and the other fucceeds, this is
Plura-
Plimouth. The Mayor and Commonalty of Pli-
mouth, were empowered by Statute to dig a Trench
fix or feven Foot broad, through all the Land lying
between the Town and the River New, to convey
the Water thither; paying the Owners of the
Ground, ſo much as two Juftices of Peace fhall ap-lity within the Statute. Cro. Car. 456. And though
point; but not through any Garden, or to prejudice
any Mill, &c. 27 Eliz. c. 20.
Plonbets, A Kind of coarfe Woollen Cloth. Stat.
1 R. 3. c. 8.
the A&t mentions Inftituted and Inducted, when one
is Inftituted into the fecond Church, the Diſpenſa-
tion to hold two Benefices comes too late, though
he be afterwards Inducted; for by Inftitution, the
Church is full of the Incumbent. 4 Rep. 19. By
the Statute, if the firft Benefice be of the Value of
81. a Year, or more, by the Acceptance of a ſe-
Dlow-bote, A Right of Tenants to take Wood cond, it is actually void, to all Intents: But Benefi-
to repair Ploughs, Carts and Harrows; and for maces under that Value, being not within the Statute,
king Rakes, Forks, &c.
low-alms, (Eleemofyna aratrales) Was anciently
Id paid to the Church for every Plowland. Mon.
Angl. Tom. I. p. 256.
Plow-land, Is the fame with a Hide of Land; and
a Hide or Plow-land, it is faid, do not contain any
certain Quantity of Acres; But a Plough land, in re-
ſpect of Repairing the Highway is fettled at 50 1.
a Year, by the Star. 7 & 8 W, 3. c. 29.
Plow-Silver, In former Times was Money paid
by fome Tenants, in lieu of Service to plough the
Lord's Lands. W. Fones Rep. 280. Sec Socage.
as being the Son or Brother of a Lord; by Univer-
fity Degree, where a Man is Doctor of Divinity,
Law, &c. or by Office or Employment, as a Bi-
fhop. Stat. 26 H. S. But when a Parfon is made a
Bifhop, his former Qualification to hold Plurality of
Livings is void. Hob. 158. See Chaplain.
are only avoidable by accepting a fecond, and not
void on fuch Plurality, without a declaratory Sen-
tence, &c. Mallor. Q. Imped. 104. In thefe Cafes it
hath been held, that the Value of Livings to make
Pluralities fhall be determined by the King's Books
in the Firſt-Fruits Office: Though the Court hath
been divided, whether the Value ſhould be taken
as it was in the King's Books, or according to the
true Value of the Living. 2 Lutw. 1301.
Plurality, (Pluralitas) Signifies the Plural Num- 1271. No Deanery fhall be taken by our Law to
2 Nelf.
ber; moftly applied to fuch Clergymen who have be a Benefice with Cure, to need Difpenfation on
more benefices than one: And Selden mentions Tri-having another Benefice, &c. 21 H.-S. 1 Leon. 316.
alities and Quadrilities, where one Parfon hath three And a Parfonage and Vicarage make not a Plurality,
or four Livings. Seld. Tit. Hon. 687. Plurality of but are only one Cure; the Vicarage being endow-
Livings is where the fame Perfon obtains two or more ed out of the Parfonage. 2 Cro. 691. Parfons may
Spiritual Preferments, with Cure of Souls; in which purchaſe a Licence or Difpenfation to take and
Cafe the first is void info facto, and the Patron may keep two or more Benefices with Cure, according
prefent to it, if the Clerk be not qualified by Dif to the Directions and Qualifications in the faid Sta-
penfation, &c. for the Law enjoins Refidence, and tute 21 H. 8. c. 13. And in fome Cafes, Parfons
it is impoffible that the fame Perfon can refide in may hold Pluralities, without being retained as Chap-
two Places at the fame Time. Coun. Parf. Compan.lains, &c. pursuant to that Stature, viz. by Birth,
94. By the Canon Law, no Ecclefiaftical Perfon
can hold two Benefices with Cure fimul & femel,
but that upon taking the fecond Benefice, the First
is void: But the Pope by Usurpation did difpenfe
with that Law; and at first every Bishop had Power
to grant Difpenfations for Pluralities, 'till it was ab-
rogated by a General Council, held Anno 1273, and
this Conftitution was received 'till the Statute 21 H.
8. c. 13. Aloor 119. 2 Nelf. Abr. 1271. The Stat.
21 H 8. ordains, that if any Parfon having one
Benefice with Cure, of the Yearly Value of 8 or
above, in the King's Books, accepts of another Be-
nefice with Cure, and is inftituted and inducted,
then the first shall be void : So that there may be a
Plurality within the Statute; and a Plurality by the
Canon Law. 2 Lutw. 1306. The Power of granting
Difpenfations to hold two Benefices with Care,
is vefted in the King by the aforefaid Statute: And
it has been adjudged, that a Difpenfation is not ne-
ceffary for a Plurality, where the King prefents his
Chaplain to a fecond Benefice; for fuch a Prefent-for this Reafon Offenders guilty of Poiſoning any
ment imports a Difpenfation, which the King hath Perfon, were anciently judged to a feverer Punish
Power to grant as fupreme Ordinary; but if fuch a ment than other Offenders. In this Kingdom Poi
Chaplain be prefented to a fecond Benefice by a foning Perfons was formerly a Kind of Treaſon, pu-
Subject, he must have a Difpenfation before he is nifhed by Boiling to Death. 22 H. 8. c. 9. 3 Nelf.
inftituted to it. 1 Salk. 161. The Archbishop's Dif- Abr. 363. And at this Day, to poison any one wil
penfation and King's Confirmation, regularly are fully, is Murder and Felony, if the Party die in a
neceffary to hold Pluralities: And the Statute 21 H. S. Year; and the Aiders and Abettors, &c. fhall fuf-
ought to be conftrucd ftri&ly, becauſe it introduces fer Death. Stat. 1 Ed. 6. c. 12. If a Man perfuade
Non-Refidence, and Plurality of Benefices against another to drink a poisonous Liquor, under the No-
the Common Law. Fenk. Cent. 272. A Man by Diftion of a Medicine, who after wards drinks it in his
penfation may hold as many Benefices, without
Cure, of whatfoever Value, as he can get; and like-
wife fo many with Cure as he can get, all of them,
or all but the laft being under the Value of 8 1. per
·
1
·
|
Pluries, Is a Writ that iffues in the third Place,
after two former Writs have been disobeyed; for
firft goes out the Original Writ or Capias, which if
it has not Effect, then iffues the Alias; and if that
alfo fails, then the Pluries. Old. Nat. Br. 33. It is
ufed in Proceedings to Outlawry; and in great Di-
verfity of Cafes. Table Reg. Writs.
Pocket of Wool, Is a Quantity of Wool contain-
ing Half a Sack. 3 Inft. 96.
Poifon, The Killing a Perfon by Poifoning, has
been held more criminal than any other Murder,
becauſe of its Secrecy, which prevents all Defence
against it; whereas molt open Murders give the
Party killed fome Opportunity of Refiftance: And
Abfence; or if 4. intending to poifon B. put Poifon
into a Thing, and deliver it to C. who knows no-
thing of the Matter, to be by him delivered to B.
and C. 'innocently delivers it accordingly in the
Abfence
:
PO
PO
Abſence of 4. In this Cafe the Procurer of the
Felony is as much a Principal as if he had been
prefent when it was done. 2 Hawk. P. C. 313. And
fo likewife all thofe feem to be who are prefent
when the Poifon was infufed, and privy and confent
ing to the Delign: But Perfons who only abet their
Crime by Command, Counsel, &c. and are abfent
when the Poifon was infuled, are Acceffaries only.
Ibid.
Dobes, Were long fleeved Gowns, which Fashion
formerly grew fo affected and extravagant, that the
Wearing them was prohibited by the Bishop of Lon
don in his Injunctions Anno 1412.
Pole, A Meafare of Land; the fame with Perch.
Sce Perch.
Boledavies, Canvas wherewith Sail-Ware is
made, mentioned in the Stat. i Fac. I. c. 24.
Polein, Was a Shoe, fharp or picked, and
turned up at the Toe; that first came in Ufe in
the Reign of William Rufus, and by Degrees be-
came of that Length, that in King Richard the Se
cond's Time they were tied up to the Knees with
Gold or Silver Chains: They were reftrained Anno
4 Ed. 4. but not wholly laid afide till the Reign of
Hen. 8. Malmf in Vit. Will. 2.
Polygamy, (Polygamia) Is where a Man marries
Two or more Wives together, or a Woman has
Two or more Husbands at the fame Time; when
the Body of the firft Wife or Husband may be faid
to be injured, by the fecond Marriage' while either
are Living. 3 Inft. 88. Wood's Inft, 363. And by Sta-
tute, marrying a fecond Wife or Husband, the
former being alive, is made Felony; unless in Cafè
of Abfence for feven Years, c. 1 Jac. 1. c. 11.
See Marriage.
Pomeranium, A Word ufed for an Orchard in
antient Charters. Mong. Ang. Tom. 2. pag. 129.
Ponderare. It was a Cuftom formerly in Times
of Superftition, to weigh fick Children at the Tomb
of fome Saint, and to ballance the Scales with
Wheat Bread, or any Thing which they were wil-
ling to offer to God or his Saints, but always with
fome Money, and by this the Cure of the Sick was
faid to be performed. Ad Sepulchrum Sancti
Nummo fe Ponderabat.
Dondus Regis, Is the Standard Weight appoint-
ed by our antient Kings. 35 Ed. 1. And what we
now call Troy Weight, was this Pondus Regis, or Le
Roy Weight, with the Scales in equilibrio; whereas the
Aver du pois was the fuller Weight, with a declining
Scale. Cowel.
Poletría, A Stud of Colts: Poledrus, a Colt. Fleta,
lib. 2. c. 87..
Done, Is a Writ whereby a Caufe depending in
Policy of furance, or Infurance, (From the Italthe County-Court, or other inferior Court is re-
Poliza, i. e. Schedula & Affecuratio) Is an Inftrument moved into the Common Pleas; and fometimes into
entered into by Infurers of Ships and Merchandife, the King's Bench: As when a Replevin is fued by
c. to Merchants obligatory for the Payment of
the Sum inſured, in Cafe of Loſs. Merch. Dict. It is
a Courfe taken by thofe who adventure Goods or
Merchandizes to Sea, that they, unwilling to ha
zard the Whole, do give unto fome other, called
an Inſurer, a certain Rate or proportionate Sum of
fo much per Cent. to fecure the fafe Arrival of the
Ship and Goods, &c. at the Place agreed upon;
fo that if the Ship and Merchandife do mifcarry,
the Infurer maketh good to the Adventurer fo much
as he promiſed to ſecure; but if the Ship arrive
fafely, he gainerh that clearly which the Merchant
ompoundeth to pay him: And for the more equal
Dealing between the Infurer, and the Infured in this
Cafe, there was a Clerk or Officer ordained by Sta-
rute to fer down in Writing the Sum of their Agree-
ment, which is fubfcribed or under-written by the
Infurer; and this was called Policy, to prevent any
Difference that might after happen between them.
Stat. 43 Eliz. cap. 12. and 14 Car. 2. cap. 23, See
Infurance.
Pollards, Bafe Coin heretofore current in this
Kingdom, which with Crocards have been long fince
prohibited. Matt. Weftm. Anno 1299. Pollards, Cro
cards, Staldings, Eagles, Leorines, &c. were ancient
Coins of Money in England, but now forgotten. Coke
2 Inft 577.
Pollard-Trees, or Pollengers, Are fuch Trees as
have been ufually cropped, and therefore diftin-
guished from Timber-Trees. Plod. 469.
Poll-Money, (Capitatio) Is a Tax upon the
Heads of Men; either upon all indifferently, or
according to their feveral Degrees and Diftinctions.
By the Statute 18 Car. 2. c. 1. every Subject in this
Kingdom was affeffed by the Head or Poll, accord-
ing to his Degree; as a Duke 1001. Marquels So 1.
Baron 50 1 Baronet 30 7. Knight 30 1. Efquire 10 1.
and every common Perfon 1 s. &c. And Anno 1
2 W. 3. a general Twelve-penny Poll-Tax was granted
for the Publick Occafions.
Poll-Silver, There was antiently (fays Camden)
a perfonal Tribute called Poll-Silver, impos'd upon
the Poll or Perfon of every one; of Women from
the Age of twelve Years, and Men the fourteenth
Year of their Ages. Camd. Notes upon Coins.
Dolls, Where one or more Jurors are excepted
against, it is called a Challenge to the Polls. 1 Inft.
156.
Writ out of Chancery, &c. then if the Plaintiff or
Defendant will remove that Plea out of the County-
Court into C. B. it was done by Pone. F. N. B. 69.
2 Inft. 339. And the Writ Pone lies to remove Ac-
tions of Debt, and of Derinuc, Writs of Right, of
Nufance, &c. New Nat. Br. Allo Pone is a Writ
willing the Sheriff to fummon the Defendant to ap-
pear and answer the Plaintiff's Suit, on his putting
in Sureties to profecute, &c. Wood's Inft. 570. And
the Writ to the Sheriff to take Surety of one for
his Appearing is called Pone per Vadium. A Pone to
remove Caufes, is of this Form: Put at the Petition
of A. B. before our Jufti.es at Westminster, the Day,
&c. The Plea which is in your Court by our Writ, be-
tween the faid A. B. and C. D. of, &c. and fummon the
faid C. that he be then there to answer the ſaid A. &c.
Ponendis in fifis, A Writ granted by the
Statute of Westm. 2. c. 38. which Statute fhews
what Perfons Sheriffs ought to impanel upon Affifes
and Juries, and what not. Reg. Orig. 178. F. N. B.
165.
Ponendum in Ballium, Is a Writ commanding
that à Prifoner be bailed in Cafes bailable. Reg. Orig.
1337
Ponendum figillum að Exceptionem, A Writ by
which Juftices are required to put their Seals to
Exceptions, exhibited by the Defendant against the
Plaintiff's Evidence, Verdi&t, or other Proceedings
before them, according to the Statute Weft 2.
Pontage, (Pontagium) Is a Contribution towards
the Maintenance or Re-edifying of Bridges: And
may alfo fignify Toll taken to that Purpoſe. r H: 8.
c. 5. 3 Eliz. c. 24 This was accounted one of the
Three publick Charges on the Nation, from which
no Perfons were exempted, viz. Expeditio, Pontis &
Arcis reparatio, called Trinoda Neceffitas; always ex-
cepted in Grants of Privileges, propter Publicam Reg-
ni utilitatem, that the People might the better refift
the Enemy; and from which Selden writes, That
nè quidem Epifcopi, Abbates & Monachi immunes erant.
Seld. Notes on Eadmer.'
Dontíbus reparandis, A Writ directed to the
Sheriff, &c. commanding him to charge one or
more Perfons to repair a Bridge, to whom it be-
longs. Reg. Orig. 153.
Door, (Pauper) A peor Perfon is fuch as is a Bur-
den to and Charge upon a Parish. The Poor our
Law takes Notice of, are of three Kinds, 1ft, Poor
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by Impotency and Defect; as the Aged or Decrepit, dred; and if the Hundred be not thought able, the
Fatherlefs and Motherlefs, Poor, under Sickness, Juftices at their Quarter-Seffions may rate any o
and Perfons that are Ideots, Lunaticks, Lame, ther Parish in the County; the Sums, affeffed to be
Blind, . thefe the Overfcers of the Poor are to levied by Warrant of two Juftices, by Diftrefs and
c.
provide for. 2dly, Poor by Cafualty; fuch as Houfe- Sale of Goods, and in Default thereof, the Juftices.
keepers decay'd or ruin'd by Fire, Water, Robbe- may commit the Parties till paid; and the faid Ju-
ry, &c. or by Loffes in Trade; Poor Perfons over- ftices may commit Perfons not fetting themselves to
charged with Children, Labourers that are dif work, according to Appointment, c, The Church-
abled, and thefe, having Ability, are to be fet to wardens and Overfeers, by the Affent of two Jufti-
work, but if not able to work, they are to be re-ces, may bind poor Boys Apprentices until the Age
lieved with Money. 3dly, Poor by Prodigality and of twenty-four Years, and every Girl till the Age
Debauchery, alfo called Thriftless Poor; as idle of twenty-one Years, or till fhe marry: And Church-
flothful Perfons, Pilferers, Vagabonds, Strumpets, wardens and Overfcers, with the Affiftance of the
c. which are to be fent to the House of Correction, Juftices, may oblige all Perfons of Ability, as Gen-
and be put to hard Labour, to maintain them felves; tlemen, Clergymen, Yeomen and Tradefmen, (fuch
or Work is to be provided for them, that they do as Bakers, Brewers, Carpenters, Mafons, Weavers,
not perish for Want; and if they become impotent Taylors, c.) to take fuch poor Apprentices, either
by Sickneſs, or if their Work will not maintain with Money, or without: Alfo Apprentices may be
them, there muſt be an Allowance by the Overfeers placed to Farmers, who fhall receive them for Huf
of the Poor for their Support. Dalt. ch. 73. fect. 35. dandry; and fingle Men, Widows, &c. for Houfe-
Before the Reign of Queen Elizabeth we had no wifery. And the Overfeers, by Leave of
fuch Thing as fettled Laws for the Relief of the Lords of Manors, may build Dwelling-houſes on
Poor; for as Hiftory tells us, our Abbies and Mo- the Wafte for the impotent Poor, and place Inmates,
nafteries, affifted with the Benevolence and antient or more Families than one in them; the faid Houfes
Hofpitality of Lords of Manors, 'till the Time of to be built at the Charge of the Parish, Hundred
the Reformation, were a fufficient Provifion for the or County, to be tax'd as aforefaid: And the Father
Poor of this Kingdom: But I find, by the Statute and Grandfather, Mother and Grandmother, and
23 Ed. 3. c. 7. Relief was to be given to thofe that Children of every poor impotent Perfon, being able,
could not Latour: The 2 H. 5. c. 1. ordained, that fhall relieve fuch Poor, in fuch Manner, and ac-
Hoſpitals founded for impotent Poor, were to be vi- cording to fuch Rates as the Juftices of Peace at
fired. And by 27 H. 8. c. 25. Governors of Coun- their Seffions fhall affefs, under the Penalty of 20 s.
ties, Cities, Towns, &c. were obliged to keep aged a Month for every Failure: And Mayors, and other
Poor and impotent Perfons; and compel thofe that Head Officers of Corporations, being Juftices of
were able, to work and go to Service: And then in Peace within their Precincts, fhall have the fame
the Reign of Queen Elizabeth, ſeveral particular Power as Juftices of Peace of the County, to exe-
Laws were enacted for the Relief of the Poor, ap-cute this A&t; and no other Juftices fhall inter-
pointing Collectors and Overfeers, &c. For by the
5 Eliz. c. 3. Relief of Parishes is to be gathered by
Collectors, and weekly diftributed to the Poor; and
none fhall be permitted to beg openly, &c. And the
43 Eliz, c. 2. ena&s, That the Church-wardens of e-
very Parish, and two or three Houfe-keepers, fhall
be nominated yearly in Eafter-Week, or within one
Month after, by Two or more Juftices of the Peace
of the County, dwelling near the Pariſh under their
Hands and Seals, to be Overseers of the Poor; and
they with the Confent of Two fuch Juftices, fhall
fet to work the Children of thofe Perfons who are
not able to maintain them, and all Perfons who
have no Means to maintain themſelves, or ufe no
Trade to get their Living; and fhall raife weekly,
or otherwife, by a Tax, on every Inhabitant and
Occupier of Lands, &c. fuch a Sum as they fhall
think fit for Purchafing a Stock of Flax, Hemp
and Wool, to fet the Poor on Work; and fuch Sums
as fhall be neceffary for the Relief of the Lame,
Old, Blind and Impotent, and for putting out poor
Children Apprentices, &c. And the faid Overfeers fo
nominated and appointed, fhall meet once a Month
at leaft in their Parish-Church, having no juft Ex-
cufe therein to be allow'd of by two Juftices, upon a
Sunday after Evening Service, and there take Or-
der in the Premiffes; which Overfeers, within four
Days after the End of their Year, are to yield a
true Account to two Juftices, of all Money by them
received, or what is affefs'd and not received;
what Poor they have relieved, and Stock they or the
Poor have in their Hands; and of all other Things
concerning their Office, and deliver what fhall be
in their Hands to the new Cverfeers, or on Refu-
fal, fhall be committed to Gaol till they account
and pay
over the Money, &c. And now their Ac-
counts fhall not be allowed until they have account-
ed for Burials in Woollen, and of Perfons interred
contrary to the Statute 30 Car. 2. If the Inhabi:
tants of any Pariſh are not able to raife Money for
the Relief of their Poor, then two Juftices of the
Feace may tax any other Parishes within the Hun-
C
meddle there; alfo every Alderman of London may
execute fo much of the Statute as is appointed to
be done by one or two Juftices of Peace of any
County: Where any Pariſh extends into more
Counties than one, or lics Part within a Corpora-
tion and Part without, the Juftices and Head Offi-
cers fhall a&t only in that Part of the ſaid Pariſh
as lies within their Limits; but the Church-war-
dens and Overfeers of fuch Parishes as extend into
feveral Limits fhall, without dividing themfelves,
jointly execute their Office, and exhibit one Ac-
count to the Head Officer of the Corporation, and
another to two Juftices of Peace as aforefaid. Aud
where in any Place there fhall be no Overſeers
yearly appointed, every Juftice of the Divifion
where fuch Default fhall happen, and every Mayor.
and Head Officer of a Corporation, &c. fhall for-
feit 5 1 to the Ufe of the Poor, leviable on their
Goods by Warrant from the Quarter-Seffions. The
3 Car. 1. cap. 4. ordains, That the Church-wardens
and Overfeers of the Poor, mentioned in the 43 Eliz
may, with the Confent of two or more Juftices of
Peace, or of one Juftice where there fhall be no
more, fet up any Trade or Occupation for Imploy-
ing or better Relief of the Poor of their Parishes.
By the 14 Car. 2. c. 12. Perfons coming to fettle in
a Parish, and renting a Tenement under the Value
of 10 l. a Year, on Complaint by the Church-war-
dens and Overfeers of the Poor to a Juftice of Peace
within forty Days, may be removed to the Parish
where laft legally fettled for forty Days, &c. by
Order of two Juftices; unless they give Security to
indemnify the Parish, to be allowed by the faid
Juftices: But Perfons may go into another Parish
to Harveft work, &c. by Certificate from the Mi-
nifter, Church wardens and Overfcers, that they
have a Dwelling in the Parish they came from;
and fuch Perfons are to return to their Parishes
when their Work is finiſhed, and fhall not be ac-
counted fettled where they fojourn, &c. And by this
Statute, a Corporation or Work-houfe was to be
in the Cities of London and Westminster, and the
7 M
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20s. one Half to the Informer, and the other to the
Poor. By 9 & 10 W. 3. c. 11. No Perfon coming
into any Parish by Certificate, fhall gain a legal
Settlement there, unleſs he bona fide take a Leafe or
Tenement of 101. per Annum, or execute fome An-
nual Office in fuch Parish. And the 12 Ann. c. 18.
which makes the 13 14 Car. 2. perpetual, (cx-
cepting what concerns Corporations) declares, that
no Apprentice or hired Servant to Perfons coming
into a Parifh by Means of a Certificate, fhall ac-
quire a Settlement in fuch Parish, except the Ma-
fter be afterwards legally fettled. The Stat. 2 Ann.
c. 6. impowers Juftices of Peace, . and Church-
wardens and Overfeers, with Confent of two Jufti-
L
Towns and Places within the Bills of Mortality,
governed by Prefidents, &c. as a Stock for which
Juftices in their Seffions might tax and affefs the In-
habitants in their Divifions and Parishes, not ex-
cecding a Year's Rate ufually made for Relief of
the Poor. The A&t 14 Car. 2. (except what relates
to the Incorporation of Work-houfes within the
Weekly Bills of Mortality) is continued by 1 Fac. 2.
c. 17. And the 40 Days to make a Settlement was
to commence from the Delivery of Notice to the
Church-wardens. And by 34 W. & M. c.II.
it is enacted, that the forty Days intended to make
a Settlement by the A&t 13 & 14 Car. 2. fhall be ac-
counted from the Publication of Notice in Writing
in the Church, of any Perfon's coming to inhabit inces, to place out poor Boys, of Parents chargeable
any Parish; and Church-wardens and Overfeers to the Parish, Apprentice to the Sea Service, and
neglecting to publifh fuch Notice the next Sunday the Church-wardens and Overfeers are to pay to the
after received, or to regifter the fame, fhall forfeit Mafter with a Boy 21. 10s. for Cloathing and Bed-,
40s. to the Party grieved: But Perfons coming ding, which fhall be allowed in their Accounts;
into a Pariſh, and executing for themfelves any Pub- and thefe Apprentices are to be conveyed to the re-
lick annual Office during one Year; or who fhall fpective Ports to their Mafters by the Overſeers,
be charged and pay publick Taxes to the faid Pa- and the Charges born as is provided for Vagrants;
rifh; they fhall be deemed a legal Settlement, with- and the Indentures to be fent to the Collectors of
out Notice: And if any unmarried Perfon, not ha- the Cuftoms of fuch Ports, &c. The 5 Geo. I. cap.
ving a Child or Children, fhall be hired into any S. provides, that Church-wardens and Overfeers of
Service for one Year, fuch Service fhall be a Settle the Poor, where any Wife or Children are left upon
ment; and being bound Apprentice, and inhabiting the Parish, by Perfons who have Eftates, &c. which
in any Parish, fuch Binding and Habitation fhall might keep them, by Warrant from two Juftices of
make a Settlement, without Notice. Perfons re- Peace, may feife fo much of the Goods and Chat-
moved by Warrant or Order of two Juftices, are to tels, and receive fo much of the Rents of the Huf
be received by the Church-wardens and Overfeers band or Father, as the Juftices fhall order for the
whither fent, on Pain of forfeiting 51. to the Poor Keeping of fuch Wife or Children, which Order of
of the Parish from whence conveyed, to be levied the Juftices is to be confirmed at the next Quarter-
by Diſtreſs and Sale by Warrant from one Juftice; Seffions, and then the Goods and Chattels may be
and for Want of Diftrefs to be committed to Gaol difpofed of; and the Overfeers, &c. fhall be ac-
for forty Days; but Perfons aggrieved may appeal countable to the Seffions. And the Stat. 9 Geo. 1.
to the next Quarter-Seffions of the County, &c. c. 7. enacts, that no Juftice of Peace fhall order
And there fhall be kept in every Pariſh a Book, Relief to any poor Perfon till Oath be made of rea-
wherein the Names of all Perfons that receive fonable Caufe, and that fuch Perfon had been refu-
Relief fhall be regiſter'd, and the Occafion; and fed Relief by the Overfeers of the Poor of his Pa-
the Parishioners are to meet at a Veftry yearly in rith, &c. and until the Juftice had fummoned the
Eafter-Week, or oftner, when the Book fhall be ex- Overfeers to fhew Caufe why Relief fhould not be
amined, by calling over the Perfons, and inquiring given; and Perfons to whom any Juftice fhall order
into the Reafons of their taking Relief, and then a Relief, fhall be regiſter'd in the-Pariſh-Books as
new Lift fhall be made of fuch Perfons as they other Poor, and the Church-wardens and Overfeers
think fit to allow and receive Collections; and no are not to bring to the Parish Account any Money
other Perſons ſhall receive Collection, unleſs by Au- given to Poor, (unleſs on fudden and emergent Occa-
thority under the Hand of one Juftice, or by Or- fions) that are not regifter'd, on Pain of 51. Pe-
der of Juftices in their Seffions, &c. The Statute nalty, to be levied by Diftrefs and Sale, by Warrant
8 & 9 W. 3. c. 30. gives Leave to poor Perfons to re- from two Juftices, and applied to the Ufe of the
move to other Parishes for Work and the better Poor: Church-wardens and Overfeers of the Poor,
Maintenance of their Families, by Certificate from with Confent of a Majority of the Parishioners, at
the Church-wardens and Overfeers of the Poor, un-a Veftry, or other publick Meeting, may purchaſe
der Hand and Seal, atteſted by two Witneffes, and or hire Houfes, and contract with Perfons for the
allowed and fubfcribed by two Juftices of Peace, Lodging, Maintaining and Imploying of poor Perfons
owning and acknowledging them to be Parishioners defiring Relief; and take the Benefit of their Work
legally fettled at the Place from whence they came; for their better Maintenance; and poor Perfons re-
which Certificate fhall oblige the faid Parish or Place fufing to be fo lodged and kept, fhall be ftruck out
to receive and provide for them and their Families, of the Parish-Books, and not be intitled to any Col-
whenever they become chargeable to, or ask Re-lection; and where any Parish, &c. fhall be too
lief of the Parish to which they remove and the fmall to purchaſe or hire Houſes, two Parishes,
Certificate is given; and then, and not before, fuch with Confent as aforefaid, and Approbation of a
Perfons and their Children, (though born in that Juftice of Peace, may unite in doing thereof; and
Parish, not having acquired a legal Settlement) the Poor may be alfo lodged and maintained in other
fhall be removed back to, and fettled in the Parish Parishes by Church wardens and Overfeers, &c.
from whence fuch Certificate was brought: Poor re- But no poor Perfons, or their Apprentices, or Chil-
ceiving Relief of any Parish, upon the Shoulder of dren, fhall gain a Settlement in fuch Parishes: No
the right Sleeve of their Coats, are to wear a Badge Perfon fhall be deemed to have acquired a Settle-
or Mark, with a large Letter P. and the firft Let- ment in any Pariſh, by Virtue of any Purchaſe of
ter of the Name of the Pariſh whereof they are an Eftate under 301. Value, for any longer Time
Inhabitants, cut either in Red or Blue Cloth; and than fuch Perfon fhall inhabit in the Eftate pur-
fuch Poor neglecting or refuſing to wear fuch Badge, chafed; and Perfons taxed or affeffed on the Sca-
any Juftice of Peace may punish them, by Order- venger's Rates, or to the Highways, and who fhall
ing their Allowance to be abridged or withdrawn, pay fuch Rates, fhall not thereby gain any legal
or committing them to the Houfe of Correction, Settlement in a Parish: And in Cafe of Appeals
there to be whipp'd and kept to hard Labour; and from Orders for Removal of Poor, none fhall be
if any Church-warden or Overfeer fhall relieve any proceeded upon in the Quarter-Seffions, unless rea-
poor Perfon not wearing a Badge, he. fhall forfeit | fonable Notice be given; and if the Juftices de er-
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ix
Ca. 214. The most reaſonable and the common
Way of taxing Lands for Relief of the Poor is by a
Pound-Rate; and if the Overfeers make an un-
equal Rate, they may be indicted. and fined for it.
Keb. 173. Church-wardens and Overfeers of the
Peor of a Parish, made a Rate for the Relief of
the Poor, which was confirmed by two Juftices of
Peace; but all was rated upon the Real Estates,
and none on the Perfonal, and therefore upon Ap-
peal to the Seffions the Rate was quafhed, and the
Overfeers, &c. ordered to make a new Rate, upon
the Real and Perfonal Eſtates; which they after-
wards did, but with a very great Inequality on the
Real Estates; whereupon feveral Perfons appeal'd
again, and this Rate was likewife vacated: In B. R.
mine in Favour of the Appellant, he fhall be a-befides, as a Tradefman, Draper, Grocer, &c. may
warded the Expences imployed in Relief of the be taxed for both; but not for fuch Stock or Goods
poor Perfon, between the Time of the Removal and with which he uſes to manure his Lands, nor for the
Determination of the Appeal, to be recovered by Profits of Lands for which he hath been already
Diftrefs, &c. by Order of the Juftices, as Cofts and taxed as Occupier, though for other Stock and Per-
Charges, by 9 W. 3. c. 30. The Witneffes to Certi- fonal Eftate he is chargeable. 2 Salk. The Farmer
ficates acknowledging any poor Perfons to be legally or Occupier is to be charged to the Poor's Rare, and
ſettled in a Parifh, are to make Proof on Oath of not the Landlord, who fhall not be taxed for his
the Execution thereof before the Juftices of Peace Rent, for then the Land would pay twice; though
directed to allow of the fame; and then the Certi- if he be poffeffed of Perfonal Eftare, he may be tax-
ficates fhall be allowed and taken as Evidence in all ed for that: And for Perfonal Eftate, the Party
Courts, &c. And when Overfeers of the Poor of must be charged only in that Place where the Goods
any Pariſh remove back any Certificate Perfons, are at the Time of the Affeffment; if he hath not
becoming chargeable, to the Parifh to which they Goods or Perfonal Eftate where he is affeffed, to
belong, they shall be reimburſed the Charges in the Value he is charged, and is diftrained, he may
maintaining and removing fuch Perfons, being af have Action of Trefpafs. Read. Stat. Vol. 5. pag. 21.
certained by a Juftice of Peace, by the Overfeers If an Houfe originally entire, become feveral and
of the Poor of the Parifh to which removed, levia- diftinct, by dividing it into Apartments, fo as the
ble by Diſtreſs and Sale of Goods, &c. Stat. 3 Geo. Inhabitants have no Communication one with an-
2. c. 29. See 6 Geo. 2. c. 31. Every Parish is to other, it is feverally ratable: But if an Inhabitant
keep their own Poor, by the 43 Eliz. And if any of a feparate Part of the Houfe, goes away and
Poor demand Relief, that are not fettled in a Pa-leaves the Owner in Poffeffion of the other Part,
rish; they ought to be removed to their proper Pa both Parts make now but one Tenement, for
rifhes, and there be relieved. Dalt. 73. The Over-which the Owner is ratable to the Poor, &c. Mod.
feers may Licence poor Perfons to beg for Alms in
their own Parishes; and if any Inhabitants relieve
Poor at their Doors, not being of their own Parish,
and having fuch a Licenfe, they fhall forfeit 10 s.
Dalt. 157. And in prefent Emergencies, Overfeers
are to provide for Poor, and it is Diferetionary to
give them Money, or Victuals, &c. Style 246.
1 Keb. 366. If Justices of Peace in Seffions, &c.
make Orders for Maintenance of Perfons who are
not impotent, but able to work, or having any
Thing to live upon; thofe Orders are againft Law.
Dalt. 166. A Father has been ordered to make an
Allowance to his Son's Wife, while his Son was be-
yond Sea: And if the Father of Children leaves
the Parish, and there is a Grandfather to be found;
this Grandfather, if he be of Ability, is charge-it was objected, that the Seffions had no Power to
able with keeping the Children, and not the Pa- vacate whole Rates; but adjudged that they may
rifh. 2 Bulft. 2. Lill. 333. A Father-in-Law, or quafh whole Rates, and refer it to the Church-
a Grandfather-in-Law, married to the Mother or wardens and Overſeers to make new Rates, or they
Grandmother of Children, of Ability to keep them, may make a new Rate themſelves. 2 Salk. 483.
is within the Stat. 43 Eliz. Style 283. A Husband Church wardens and Overſeers may not tax parti-
marrying a Grandmother, having an Estate with cular Perfons, and not the whole Pariſh; but the
her fufficient, fhall be chargeable to the Relief and Juftices may tax particular Perfons, and need not
Maintenance of a poor Grandchild, during the Life affefs the whole Parish, which is to contribute to
of the Grandmother, but after her Death he is un- the Poor of another: Or the Juftices may affefs the
der no Obligation to do it: And where a Grandmo- Parish in a certain Sum, and leave it to the Parilh
ther is unable to relieve her Grandchildren, and Officers, to collect and levy the fame of particular
marries with a Man of Ability, he is not to be Perfons. 2 Bulſt. 352. 2 Salk. 480. It has been
charged to maintain his Wife's Grandchildren; alfo held, that Juftices cannot make a ftanding Rate;
if the Husband, after Marriage, becomes to be of becaufe by Statute the Rate must be equal, which
Ability, the Grandmother, at the Time of the a ftanding Rate cannot be, for Lands may be im-
Marriage, having nothing, he fhall not be bound to proved every Year, and the Rate fhould be altered.
keep the Children. 2 Bulft. 345. A Perfon was or- as Circumſtances alter. 2 Salk. 526. A Rate fhould
dered by Juftices in Seffions to pay fo much a Week be made every Month, which the Juftices are to ap-
towards the Support and Maintenance of his Father, prove; and if they refuſe, a Mandamus may be had:
till that Court fhould order the contrary; and it And it hath been refolved, that a Tenant could not
was held good; and if an Eftate happen to fall to be rated for a whole Quarter, by Reafon the Sta-
the Father, the Juftices might be applied to: Other-tute directs Rates to be affeffed monthly, and other-
wife if a Time was limited. 2 Salk. 534. Rates and wife a Man cannot remove in the Middle of a Quar-
Affeffments for providing for and relieving of the ter but he will be twice rated; and where there is
Poor of Parishes, made by the Overfeers of the Poor, a Cuftom to rate Quarterly, a Diftrefs cannot be
are ufually approved by the Inhabitants, and to be taken of any one before the Quarter is ended, nor
allowed by the Juftices: And not only Lands, then without fpecial Warrant on Purpofe. Ibid. 532.
Houles, c. but Tithes, and any Thing from whence But it is faid, that the conftant Ufage has been, to
an annual Profit arifes, may be taxed towards the Diftrain before the End of the Quarter, and that
Poor's Rate. 2 Bulft. Alfo all Perfons, the Clergy to avoid Mischief, if the Party fhould remove out
not exempted, muft contribute to the Relief of the of the Parish and County before the Quarter. Mod.
Poor. 2 Keb. 251. Perfons are to be taxed accord- Caf. 214, 215. A Mandamus to make a Rate to re-
ing to the vifible Eftate they have in the Pariſh;imburſe an Overfeer Money laid out is not good;
and this Tax may be upon Lands or Goods; and for the Court of B. R. cannot order fuch a Rate,
when charged on Goods, they are rated according but only to raife Money for Relief of the Poor:
to the ufual Value of Land, viz. 1001. Stock of And an Overfcer is not bound to lay out Money
Goods at 51. per Annum. A Perfon who hath Lands till he has it; and if he doth he muft make a new
in his Occupation, and a Stock of Goods and Wares Rate for Relief of the Poor, &c. Ibid. 531. It is
faid
!
L
RO
PO
"
t
faid by Holt C. J. that not only a Rate may be be apprehended for Felony, and be fent to the Gaol,
made, but Churchwardens and Overfcers, with the and afterwards arraigned and hanged, this Child is
Confirmation of the Juftices of Peace, may order to be fent to the Place of its Birth, there to be fet-
a Sum of Money to be levied for the Relief of tled and maintained, if the fame be known; but
the Poor, without the Concurrence of the Pa- otherwife it must be fent to the Town where the
rishioners. 2 Ld Raym. 1015. And by a Juftice's Mother was apprehended: And Children born in
Warrant, Conftables, c. may levy the Poors Rate common Gaols, their Parents being Prifoners, are
on a Man's Goods in another Parish, where he to be maintained at the Charge of the County,
hath no Chattels on the Land in the Parish where Dalt. 157. If a Man and his Family be illegally.
he is rated. 1 Raym. 735. Juftices of Peace re-thruft out of a Parish, and during that Time he fhall
fufing to fign a Poor Rate, a Rule was made in have a Child born; he must be returned to the
B. R. for them to fign it, or fhew Caufe, and Place where he was legally fettled, and the Child
no good Caufe being fhewn, a peremptory Rule with him: And Perfons, whofe Intereft in Houfest
was made for them to fign it, or that an Attach-or Land is determined, cannot be put out of the
ment ſhould go. Sid. 377. 5 Mod. 275. A Man-Town where they were legally fettled; nor can they
damus was iffued to Juftices of Peace, and the be fent to the Place of their Birth, or laft Habita-
Overfeers of the Poor, to give an Account of Motion, but according as they are able or impotent
ney by them received for the Relief of the Poor; fhall be fet to work, or relieved in the Town where
who returned, that they had given an Account of fo fettled; though if they wander and beg, then
the Money, and that they had difpofed feveral Sums they may be taken up and fent to the Place of their
in a. particular Manner, fetting forth, c. And it Birth. Dalt. 158, 166. Baftard Children gain a Ser-
was. held, that the Mandamus was ill, for Want of tlement by their Birth; but it has been ufual for
Suggesting that the ordinary Remedy could not be preventing any Charge to the Parish, if a fingle Wc-
had. 5 Mod. 420. If Overfeers make a falfe Ac-man with Child come into a Parish, by a justice's
count, they may be indicted. Dalt, 154 But where Warrant to remove her to the Place of her laft le
Overfeers of the Poor refufed to Account, &c. and gal Settlement: Baftards of Vagrants must be with
they were
indicted for the fame; an Objection was the Mother while Nurfe-Children until feven Years
made that the Indictment would not lie, becauſe of Age; and then be fent to the Parish where born.
another Remedy was provided by the Statute. Ibid. Till feven Years of Age, Children are ac-
3 Salk. 187. And where an Account of Overfeers counted Nurfe- Children; yet afterwards they muſt
was allow'd by two Juftices, and the Parish appeal'd have Maintenance from the Parishes where they
from this Allowance to the Quarter-Seffions, and themselves were fettled: If a poor Man fettled at
they difallowed the Account, and ordered the O- A. marries a poor Woman who is fettled at B. and has
verfeer to pay, c. for not doing which, they com- Children by a former Husband, the Wife fhall be
mitted him; it was refolved, that the Juftices of removed with him to A. and the Children under
Peace at the Seffions upon the Appeal, muft exe- feven Years old fhall be removed, but only for
cute their Judgment in the fame Manner as the two Nurture; fo that they fhall be kept at the Charge
Juices might do, who must first fend their Procefs of the Parish from whence they are removed: But
to diftrain, and on Return that there is no Diftrefs, the Children above feven Years of Age are not
then commit the Overfeer. Mich. 4 Ann. B. R. removeable. 2 Salk. 470, 482. Generally a Wife is
2 Salk 533 Church-wardens and Overfeers, for to be fent to, and fettled with the Husband, though
every Neglect and Default in executing their Of he be but an Inmate or Servant; as all Children
fices relating to the Poor, forfeit 20 s. to the Ufe of are generally to be fent to, and fettled with the Pa-
the Poor of the Parish: And there are Penalties and rents: But if a Man hireth a Houfe in A. and be-
Forfeitures for Offences, given by many Statutes to ing there with his Wife and Children, he shall after-
the Poor, for their further Maintenance, which are wards bind himself a Servant to one in B. his Wife
to be paid to Church-wardens and Overfeers, &c. and Children are not to be fent to B. but are to re-
and by them to be accounted for; and thefe are main ftill at A. where they were once fettled. Dalt.
concerning Alehoufes, Drun kennefs, Cuftoms, Ex- 166. Though it hath been adjudged, where a Man
cife, unlawful Gaming, Deftroying the Game, ferved and had Board Wages, and lay out of his
Hedge-breakers, Sabbath breaking, Swearing, Sca- Mafter's Houfe in another Parish, he gained a Set-
vengers, unlawful Weights and Measures, &c. tlement in the Parifh where he lived and ferved,
Poor Laws. Vide Fuftices of Peace.
and not in the Parish where he lay. Pafch. II Geo. I.
Poor fettled in Parishes. Settlements of Poor are Mod. Caf. in L. & E. 370. A Man and his Wife
gained three Ways: By Inheritance; as when a fettled at one Parish, came privately into another
Child claims a Settlement in a Pariſh, becauſe his Parish, and there a Child was born; the Father
Father was there fettled: By being born in a Parish; died in the King's Service; the Queftion was, Who
and by Commorancy. As to the Firft of thefe, if the fhould keep the Child: Per Holt Ch. Juft. The
Father has a legal Settlement, the Child is fettled Death of the Father doth not alter the Child's Set-
where the Father is: And if the Father have no tlement; which must be fettled where the Father
legal Settlement, the Child regularly gains a Set- was laft fettled as well as the Mother. Comberb. 380.
tlement in the Parifh where born, 2 Bulft. 351. Settlement gained by Commorancy, is where a Perſon
But this Settlement by Birth may be defeated feve- continues in fome other Place than that in which
ral Ways; 1ft, If the Parent is removed by an il- he was before legally fettled; and fuch Continua-
legal Order; and from the Order an Appeal is duly tion makes a Settlement: Formerly, every one who
made, pending which the Child is born; in this was fettled as a Native, Houfholder, Apprentice, or
Cafe on quafhing the Order, the Child fhall be fent Servant, for a Month, without a juft Complaint made
back with the Mother. 2. By Practice; if a Wo- to remove them, were lawfully fettled. Dalt.
man near her Time is clandeftinely fent to another fince, this Month has been enlarged to forty Days,
Pariſh, and there delivered. 3. If a Woman with where a Perfon fhall come into a Parish, and Rent
Child be fent to the Houfe of Correction, and is a-Tenement under 101. per Annum, by the Statutes
there delivered, the Child fhall not gain a Settle-13 14 Car. 2. 3 W. & M. And by Statute,
ment by its Birth in the Parish where the House of
Correction is; but in the Pariſh where the Mother
dwelt when fent to the Houſe of Correction, as
the Place where fhe had otherwife probably been
delivered. 2 Bulft. 358,381. 1 Salk. 121. If a tra-
velling Woman, having a fmall Sucking Child, fhall
\
.
But
Renting 101. a Year; Executing a publick Office
in the Pariſh on a Man's own Account; Paying a
Share to the Parish-Taxes, as Church or Poor Rates,
c. Living as a hired Servant for a Year in the Pa-
rifh, being unmarried, &c. and Serving or being
bound as an Apprentice in a Pariſh, all make a le-
I
gal
PO
PO
:
Q
1
▼
•
·
unless the Parifh fhew that he was brought or came
thither on Purpoſe that he might have fuch Settle
ment: And though a Mafter or Miſtreſs are only
Vifitors and no Lodgers, yet their Servants may be
faid to be hired in every Pariſh where they ferve.
Mod. Caf. in L. & Eq. 50, 51. If an Apprentice be
bound to one who is a Lodger only in a Parish, and
hath no Settlement; refolved that the Apprentice
is well fettled there, although the Mafter is not,
nor doth his Settlement depend upon his Mafter,
as that of a Wife on her Husband. Ca. Parish of St.
Brides. Where an Apprentice continues forty Days
in the Service of his Mafter, there it is faid, he will
have a Settlement: And where ever any Perfon
ferves the last forty Days of his Apprenticeship,
that is the Place of his laft legal Settlement. Hill.
4 Ann. An Apprentice bound to a Mafter living in
one Parish, and ferving fome Part of his Appren-
ticefhip there, was by Agreement turned over to.
another Mafter in another Pariſh; and this was held
a good Settlement in that Parish where he laſt
ferved, for
A ferved, for it fhall be intended it was but a Conti-
nuance of his Apprenticeſhip upon that Agreement.
Mod. C. in L. & E. 169. A Perfon ferved an Ap-
prenticeship in a Parish, where he married and had
feveral Children; his Wife dying, he married ano-
ther Woman, who had a Term for Years in another
Parifh, to which Place he removed, and refided
•
·
gal Settlement: So that a Perfon being fettled by continues in the Service of a Vifitor in a Pariſh,
any fuch Means, and not having acquired a Settle-he gains a Settlement there; and is not removable,
ment elsewhere, if he falls into Poverty, fhall be
intitled to Relief from the Parish where he last
gained fuch Settlement; and where he is fettled his
Family must follow him. Wood's Inft. 94. It has been
held, in Respect to a Settlement within the Statute
13 14 Car. 2. That coming into a Parish pub-
lickly, taking a Houfe, and being rated to the Poor
on the Parish-Book is fufficient Notice; the Statute
being made against private and clandeftine Remo-
vals, and not publick ones, which the Pariſh can
take Notice of it felf. Show. 12. A Perfon rented
a Houfe of 3 1. per Annum in a Town, and his Land-
lord paid the Taxes; and whilft he lived in the Pa-
rifh, he took his Freedom of the Corporation, and
voted as a Freeman at the Election of Bailiffs, &c.
And it was adjudged, that fince the explanatory A&t
of 3 & 4 W. 3. nothing makes a Settlement that is
not within the Words of the Statute, which implies
a Negative to any Thing elfe not contained in it;
and that as to his Voting, it doth not imply a Set-
tlement, for 'tis an A&t which relates to the corpo-
rate Body, and not to the Pariſh. 2 Salk. 534. ~ A
Man rents two Tenements of 5 1. per Annum cach,
the thereby gains a Settlement; but if he Rent a
Piece of Land of 10. a Year, and there is no
Houfe belonging to it, it is otherwife. Hill. 1710.
If one Rents a Houfe of 101. per Annum, by con-
tinuing therein forty Days, he gains a Settlement,
within the Meaning of 13 & 14 Car. 2. By Par-there for a Year; afterwards he returned to the firit
ker, C. J. Renting a Water-mill of 10l. per Annum, Parish, was rated to the Poor, lived there two Years,
c. makes a Settlement; for a Mill is a Tenement. and then he died: In a fhort Space after his Death,
2 Salk. 536. But no Settlement can be legal in his Widow and Children were removed, by an Order
any Parish, when the Refidence of the Party is of two Juftices to the other Parish where he had
obfcure and uncertain, as coming now and then, lived a Year; but upon Appeal to this Order at the
and lying in Barns, Outhouses, &c. or where the Seffions, the Seffions adjudged them to be Inhabi-
Party is under Difturbance by Officers. 3 & 4 W. tants fettled in the firt Parish. Mich. 3 Fac. 2.
Ex M. A poor Man appointed to be a Parish Clerk, Where a Man lives in a Parish, and hath Lands of
and executing the Office a Year, has been adjudg'd his own there, or in Right of his Wife, this will
to make a good Settlement; and 'tis not material make a Settlement; but if he hath Land in one Pa-
whether he came in by Appointment of the Parfon, rifh, and lives in another, the Land will not make
or by the Election of the Parishioners; for he is a Settlement of him in that Pariſh where it lies and
in for Life; and this is Execuring a Publick annual he doth not live. 2 Salk. 524. If a Man be fettled
Office and Charge within the Meaning of the Sta- where he will, he cannot, though likely to become
rute 3 & 4 W. 3. 2 Salk. 536. A Servant was chargeable to the Parish where he goes to refide in,
hired first from Lady-day to Michaelmas, and from be removed from thence, if he have any Eſtate
thence to Lady day following; and this was refolved there. 5 Mod. 416. But fee Stat. 9 Geo. 1. fupra.
to be a good Settlement, for there was a Hiring for Some Years ago, a Man who was not legally feriled
a Year: But it must be one intire Hiring, and one in a Parifh, but had lived there fome Time, procu-
intire Service (though different Times are men-red a Certificate, by Virtue of which he went into
tioned) for one whole Year, that must make a another Parish; afterwards being poor, the Parish
Settlement according to the Statute. Hill. 10 W. 3. from whence he came took him again; and upon
A Servant being hired at A. for a Year, his Mafter Enquiry found, that he was never lawfully fettled
lives there Half a Year, and then at B. another with them, but had gained a Settlement in another
Half Year; adjudg'd the Servant is fettled in the Place, before they gave this Certificate; and thither
laft Place, for the Statute doth not tie the Service they removed him by Order: The Parish to which
down to one Place. Though if a poor Man be hired he was removed appealed, becauſe thoſe who had
for a Year, to ſerve in a Boat which plies between given the Certificate, had owned him to be an In-
one Place and another; by this Service, he gains no habitant fettled with them; but the Certificate was
Settlement. Pafch. 4 Geo. 2. Fitzgib. 255. An unmar- held only to be an Evidence of a Settlement, and
ried Perfon, hired as a Servant for a Year, married thereupon the firft Order was confirmed. Trin. 2 Ann.
before the Year was expired; and it was held, that he 2 Salk. 530. It has been fince adjudged, That a
could not be removed, and that upon performing his Certificate concludes the Parifh giving it, not only
Service he would gain a Settlement. 2 Salk. 527. A against the Pariſh to which it is given, but as to all
Man hired a Maid-fervant for a Year; but the fal- other Parifkes.. Ibid. The Law unfettles none who
ling fick, her Mafter turned her out of his Service: are lawfully fetiled, nor permits it to be done. If
The Servant, in her Paffage to the Place of her one had but hired a Houfe, the Law unfettles not
Nativity, begged for Relief, and fhe was fent as a fuch Perfon; and if any ſhall by indire& Means
Vagrant to the Pariſh where fhe was born; where- hinder a poor Man from hiring an Houfe, he be
upon the
fent back by that Pariſh, to the Parish indicted; alfo ir is finable to remove any out of
where fhe was an hired Servant; but by Order of Sef-the Parish who ought not to be put out, and the
fions ſhe was ſettled at the Place of her Birth: This Perfons removed may be fent back. Dalt. 98. And
was removed by Certiorari into B. R. and the Court if a Parish will have a Man born in A. but fettled
determined the Settlement to be at the Parish where
he was an hired Servant, and not where she was
born. Style 168. A Perfon is a Lodger in any Pa-
rifh, his Servant acquires a Settlement: If a Servant
T
was
ם
--
may
with them, to go and wander and beg in B. that he
may be fent to A. and he doth ſo, he fhall be fent
back to the Parish, from whence he came. Ibid.
But when two Juftices of Peace of one County, fend
7 N
a poor
!
!
:
PO
PO
1
;
1
Place that the Poor were left legally fettled at, is the
Place that is to provide for them. Trin. 5 Ann, B. R.
Sec Vagrants.
a poor
Perfon to a Parish in another County, two
Jultices of the County whither fuch Perfon is fent,
cannot make an Order to remove him back again,
or to fend him to any other Place; the Town to
which fuch Perfon was fent, hath no other Remedy
than by Appeal to the Seffions of that County from Form of an Appointment of Overfeers of the
whence the Party was fent. 2 Salk. 488. A Settle-
ment by Order of Seffions upon an Appeal is good
it doth not appear the
E A. B. and
Poor.
and binding; but if he justices in Sellions by Way W fuftices of Peace for the county of, his Majesty's
་
Caufe came before
do bere-
of Appeal, it may be quafhed; for without that by nominate and appoint E. F. and G. H. &c. to be O-
they have no Jurifdi&tion: If a poor Family, after verfeers of the Poor of the Parish of, &c. in the faid
Order of Seffions for their Removal on Appeal, re-County, for the Year enfuing, according to the Direction of
turn to the Parish from whence they were removed, the Statute in that Cafe made. Given, &c.
the Seffions must fee their Order of Settlement.
obeyed; though if fuch poor Family go into another
W
the Statute 9 Geo. 1.
Parish not concerned in the Appeal, two Justices A Juftice's Warrant to relieve a poor Perfon, on
of Peace ought by an Original Order to remove
them to the Pariſh where they were fettled by the
Seffions Order. 2 Salk. 481, 482, 489. The Seffions HEREAS Complaint has been made unto me,
having made an Original Order for Removal of a That A. B. of your Parish, Labourer, is very
poor Perfon to a third Parish, after an Order of two Poor and Impotent: And the faid A. B. hath made Oath
Juftices, it was quafhed upon Motion: And ad- before me, That by Reafon of Age and Sickness, he is ut
judged, that the Seffions could only confirm, or re-terly difabled to provide for himself and his Family, fo
verfe the Order of Settlement of the two Juftices; that they must inevitably perish, unless timely relieved; and
and thereupon a new Order might be made by two that he had applied to, &c. Overfeers of the Poor of your
Juftices for Removal to the third Parish, &c. 2 Salk. Parish, and been refufed Relief by them; and the faid O.
475. A general Order to remove a Man and his verfeers, &c. having been also fummoned to fhew Caufe
Family is not good; it must be particular, for why Relief fhould not be given, and affigned none: Thefe
fome of the Family may be chargeable, and others are therefore to require you to pay to the faid A. B. the
not: And where juftices make fuch Orders of Set Sum of 2 s. per Week, for and towards the Support and
tlement, it must appear, that the Parties are likely Maintenance of the ſaid A. B. and his Family, until the
to become chargeable; and that the Perfon remo-faid A. B. fhall be better able to provide for the fame, or
ved is removable; and contain an Adjucation of the until you shall be ordered to the contrary. Given under
laft legal Settlement of the Party, &c. 2 Salk.
Hand and Seal, &c.
485, 491. 5 Mod. 149, 321. And according to the
Opinion of the Lord Chief Juftice Holt, the moſt
regular Way to proceed on the Statute 14 Car. 2. Form of an Order to remove a Perfon to his Place of
in removing of a poor Perfon, is for the Juftices of
Peace to make a Record of the Adjudication of the
·
laft Settlement, and the Complaint of the Church.
my
W
Settlement.
Efgrs; two of his Majelly's Fuftices of the
HEREAS it appears to us T. G. and J. L.
wardens and Overfeers, and upon that to make a
Warrant or Order under their Hands and Seals to Peace for the County of, &c. (one whereof of the Quo-
the Church-wardens, &c. to convey the Perfons to rum) on the Complaint of N. O. P. R. S. T. &c.
the Pariſh to which they ought to be fent, and to Churchwardens and Overfeers of the Poor of the Parish
deliver in the Record at the next Seffions, to be of, &c. in the County aforefaid, That B. A. being on,
kept among the Records; and this Record may &c. last fettled in the Parish of, &c. in the County of
be removed by Certiorari. I Salk. 406. But on a S. is now come into the Parish of, &c. aforefaid, to en-
Motion in B. R. to fet afide an Order for the Set-deavour to obtain a Settlement in the faid Parish, not
tling a poor Perfon in a Parifh, fent thither by having done any Act as the Law requires to make him a
Warrant of two Juftices, and confirmed in the Scf Parishioner there, whereby he is likely to become charge-
fions, upon an Appeal: The Court refused to enter able to the Parish of, &c. aforefaid: And whereas it
into the Merits of the Caufe; the Order of Seffions appears by the Oath of, &c. that the faid B. A. was laft
being in this Cafe final, unless it be made appear legally fettled at the Parish of, &c. which we do adjudge
that there is Error in the Form of Proceeding. accordingly: Now we the aforefaid Fuftices, do hereby
Pafch. 29 Car. 2. Ventr. 310. And it is a standing order you the Conftable of, &c. to remove and convey the
Rule in the Court of King's Bench, That if upon an Said B. A. from the faid Parish of, &c. unto the aforefaid
Appeal, the Order of two Juftices is either affirmed Parish of, &c. the Place of his last legal Settlement, and
or quafhed, upon the Merits of the Cafe, in rela- to deliver him to the Church-wardens and Overseers of the
tion to Settlements, it fhall be conclufive between Poor there, or fome or one of them; hereby also requiring
the two Pariſhes. Pafch. 10 Ann. The Order of you the faid Church-wardens and Overfeers of the faid. Pa-
two Juftices not appealed from, binds the Parish up-rifh of, &c. to receive the faid B. A. as your lawful Pa-
on which it is made, till a new Settlement is gained: rishioner, and provide for him accordingly. Given, &c.
An Order reverſed is final only between the Par-
ties; but an Order confirmed, &c. is final to all Pooz Pziloners In Gaol, how relieved and dif
the World. 2 Salk. 472, 492. A poor Perfon him- charged, &c. Vide Prifoners. And poor Perfons in-
felf, as well as the Parish, may appeal from an Or- fected with the Plague, to be relieved by a Tax,
der of Removal, though it has been objected that&c. Stat. 1 Fac. 1. c. 31. See Plague.
Appeal i. only given to the Parish aggrieved. Car- Pope, (Papa) Was anciently applied to fome
thew's Rep. 223. And where a poor Perfon is vifited
with Sickness, he ought not to be removed from
the Parish where he is, farther to endanger his
Health; and if two Juftices grant an Order to re-
move him, it is a Mifdemeanor in the Juftices.
Mod. Caf. in L. & E. 326. On Appeals to Juftices
in Seffions, they are to caufe Defects in Form in
Orders, to be rectified without Charge, and then
to proceed, &c. 5 Geo... 2. c. 19. By Law, the
2
Clergymen in the Greek Church; but by Uſage is
particularly appropriated in the Latin Church to
the Bishop of Rome, who is called the Pope; and
formerly had great Authority here. As to the In-
croachments of the See of Rome, it is faid to be the
general Opinion, That Chriftianity was firft planted
in this land by fome of the Eastern Church; which
is very probable from the ancient Britains obferving
Enfer always on the fourteenth Day of the Month,
according
PO
PO
1
may be brought before Juftices of Affife, &c. are to
be generally profecuted in the Counties where the
Offences were done. And Popular Actions, where the
King only hath the Penalty or Forfeiture, are to
be commenced in two Years; and where an Informer
hath a Part, in one Year, &c. 21 Fac. 1. cap. 4.
31 Eliz. cap. 5. Vide Information.
Pozcary, (Porcaria) Signifies a Swines-Sty, ac-
cording to Fleta and Domefday.
Dozt, (Portus) A Harbour or Place of Shelter,
where Ships arrive with their Fraight, and Customs
for Goods are taken. The Ports we have in Eng-
land, are London, Ipfwich, Yarmouth, Lyn, Bofton, Hall,
Newcastle, Berwick, Carlisle, Chester, Milford, Car-
diff, Gloucefter, Bristol, Bridgwater, Plymouth, Exeter,
Poole, Southampton, Chichester and Sandwich; all which
are declared lawful Ports, & infra Corpus Comitatus :
And to thefe Ports, there are certain Members be-
longing, and a great Number of Creeks, where com-
monly Officers are placed, by Way of Prevention
of Frauds in the Cuftoms; but they are not lawful
Places of Exportation or Importation, without par-
ticular Licence from the Port, or Member under
which they are placed. Lex Mercat. 132. See the
Stat. 1 Eliz. c. 11.
Pozter, Is an Officer of the Courts of Juftice;
but a Porter in the general Signification, is a Carrier
of Things from Place to Place, &c.
.
Pozterage, A Kind of Duty paid at the Custom-
horse to those who attend the Water fide, and belong
to the Package Office, and thefe Poters have Tables
fet up afcertaining their Dues for Landing of Stran-
gers Goods, and for Shipping out the fame. Merch.
D.ct.
according to the Cuftom of the Eaft: But the Saxons
being converted about the Year 600, by Perfons
fent from Rome, and wholly devoted to the Interest
thereof, it could not be expected that fuch an Op-
portunity of enlarging the Jurifdi&tion of that See,
fhould be wholly neglected; and yet there are few
Inftances of the Papal Power in England before the
Norman Conqueft, though four or five Perfons were
made Bishops by the Pope at the firft Converfion,
and there was an Inftance or two of Appeals to
Rome, &c. But the Pepe having favoured and fup-
ported William the First, in his Invafion of this
Kingdom, made that a Handle for enlarging his In-
croachments; and in this King's Reign, began to
fend his Legates hither; and after he prevailed
with King Hen. 1. to give up the Donation of Bi-
fhopricks; and in the Time of King Stephen, gained
the Prerogative of Appeals; and in the Reign of
King Hen. 2. he exempted all Clerks from the fecu-
lar Power: Indeed this King did at firſt ſtrenuously
withſtand thoſe Innovations; but upon the Death of
Becket, who for having violently oppofed the King,
was flain by fome of his Servants, the Pope got fuch
an Advantage over the King, that he was never a-
ble to execute the Laws he had made: And not long
after this, by a general Excommunication of the
King and People, for feveral Years, because they
would not fuffer an Archbishop to be impofed on
them, King John was reduced to fuch Straits, that
he furrendered his Kingdoms to the Pope, to receive
them again, and hold them of him under the Rent of
a thoufand Marks: And in the following Reign of
King Hen. 3. partly from the Profits of our beft
Church Benefices, which were generally given to
Italians, and others refiding at the Court of Rome, Postgreve or Dogtrebe, (Portis præfectus) Is a
and partly from the Taxes impofed by the Pope, Chief Magiftrate in certain Maritime Towns; and
there went yearly out of the Kingdom Seventy as Camden fays, the Chief Magiftrate of London was
thouſand Pounds Sterling, a very great Sum in thofe anciently fo called, as appears by a Charter of
Days: The Nation being thus burdened and under King Will. 1. called the Conqueror, to the fame City,
a Neceffity, was obliged to provide for the Prero-in thefe Words William King Greets William
gative of the Prince, and the Liberties of the Peo Bishop, and Godfrey Portgreve, and all the Burgeis
ple, by many ftri&t Laws. And hence in the Reign within London, French and English: And I grant
of King Edw. 1. it was declared by Parliament, you, That I will that you be all your Law worth that
That the Pope's taking upon him to diſpoſe of Eng-ye were in Edwardis Days the King: And I will that
lifh Benefices to Aliens, was an Incroachment not
to be endured; and this was followed with the Stat.
25 Ed. 3. called the Statute of Proviſors, against Po-
pifh Bulls, and difturbing any Patron to prefent to
a Benefice, &c. The 12, 13 and 16 R. 2. the Star.
2 H. 4, and 6, 7 & 9 ejufdem; the 3 H. 5. 23
28 Hen. S, Sco And Maintaining by Writing,
Preaching, &c. the Pope's Power here in England,
is made a Pramunire upon the firft Conviction; and
High Treafon upon the fecond. 5 Eliz. In the Con-
ftruction of which Statute, it has been held, That Potion, Is that Part or Share of a Perfon's E-
he who knowing the Contents of a Popish Book, ftate, which is given or left to a Child. And if a
written beyond Sea, brings it over, and fecretly Term of Years fettled to raiſe a Daughter's Portion,
fells it, or fecretly conveys it to a Friend; or ha-is fó fhort that the ordinary Profits of the Land are
ving read the Book, or heard of its Contents, doth
after in Difcourfe allow it to be good, &c. is in
Danger of the Statute; but not he who having
heard thereof, buys and reads the fame. Selden's
Fanus Anglor. Davis's Rep 90, &c. Dyer 282. 2 Inft.
580. Sce Bull and Pramunire.
each Child be his Fader's Eyer, and I will not suffer that
any Man you any wrongys Beed. And God you kepe. Ex
libro pervetufto. Instead of this Portgreve, the fuc-
ceeding Kings by Charter ordained two Bailiffs; and
afterwards a Mayor, for their yearly Magiftrate.
Camd. Britan. 325.
Poztifozium, The Ecclefiaftical Enfign or Ban-
ner, provided of old in all Cathedral and moft Pa-
rochial Churches, to be folemnly carried in the
Front of any Proceffion, &c.
not fufficient to do it; the Court of Chancery may
order Timber to be felled, &c. to make up the Mo-
ney at the Time appointed. Preced. Canc. 27. A
Sale of Lands has been alfo decreed, for Payment
of Portions devifed at a certain Time, out of the
Rents and Profits, where they were not judged
Popery. There are feveral Statutes made a-fufficient for railing the Money; altho' the Land
gainst Perfons perverting or withdrawing others to fubject to the Portions, was given to feveral others
Popery, and the being perverted to the Romish Reli-in Remainder. Ibid. 396. Where a Portion was de-
gion, which was made Treafon by 23 Eliz. and
3 Fac. 1. But if any one reconciled to the See of
Rome beyond the Seas, return into the Realm, and
fubmit himſelf, c. and take the Oaths within fix
Days, he is to be excuſed. 3 Fac. I. c. 4.
viſed by Will to a Daughter, to be raifed out of a
real and perfonal Eftate, and paid at her Age of 21
Years, without faying or Marriage; the Daughter
married, and died under Age: It was here faid,
that the Portion was then due and payable, Marriage
Pe-being the Caufe of Daughters Portions. Ibid. 109. But
fee 267, 268. 'Tis held that a Husband must make
a fuitable Proviſion for his Wife, when he fues for
her Portion in Equity, 2 Vern 494. If any Child
fhall marry under the Age of Twenty one, without
Confent of the Father or Mother; or any Man-
Popish Beculants, Are fubje&t to divers
nalties and Difabilities by Statute. Sce Recu-
fants.
Popular &ion, Is an A&tion given in general,
to any one who will fuc for a Penalty on the
Breach of fome Penal Law. Actions Popular, which
Child
1
PO
РО
:
?
L
c. they are?
Child fhall be a Thief, common Whore-hunter or
Gameſter; or a Women-Child commit Whoredom,
to demand their Portions, by
the Cuffom of the City of London: This is by an
A&t of Common Council 5 Edw. 6. but it is not ob- |
ferved. Cit. Lib. 132. See Children.
amerced. I Hawk. P. 6. 152, 156. Alfo it is the
Duty of a Sheriff, or other Minifter of Justice,
having the Execution of the King's Writs, and be-
ing refifted in endeavouring to execute the fame, to
raife fuch a Power as may effectually enable them
to quell any fuch Refiftance; though it is faid not
to be lawful for them to raiſe a Force for the Exe-
cution of a Civil Procefs, unless they find a Refift-
2 Inft. 193. 3 Inft. 161. It is lawful for a
Sheriff, Conftable, or other Peace Officer, or for a
private Perfon, to affemble a competent Number of
People, and fufficient Power to fupprefs Rebels, E-
nemies, Rioters, &c. But herein there muft be
great Caution, left under a Pretence of keeping the
Peace, they caule a greater Breach of it; and She-
riffs, Juftices of Peace, &c. are punishable for u-
fing any needlefs Violence, or alarming the Coun-
try in thefe Cafes, without juft Grounds. 1 Hawk.
P. C. 156, 161.
Doztioner, (Portionarius) Where a Parfonage is
ſerved by two, or fometimes three Minifters alter-
nately, the Minifters are called Portionèrs; becaufeance.
they have but their Portion or Proportion of the
Tithes or Profits of the Living: And Portion is that
Allowance which a Vicar commonly has out of a
Rectory or Impropriation. 27 H. 8. cap. 28:
Postmen. The twelve Burgeffes of Ipswich, are
fo denominated: So alfo are the Inhabitants of the
Çinque Ports. Camd.
Doztmote, (From Portus, & gemot, conventus) Is a
Court kept in Haven Towns or Ports; and is called
the Portmote Court. 43 Eliz. cap. 15.
Cu-
ria Portmotorium eft Curia in Civitate Ceftriæ coram
Majore in Aula Motorum tenenda. Pl. in Itin Ibid.
14 Hen. 7. The Portmote, or Portmannimote, i. c.
Portmen's Court, is faid to be held not only in Port-
Towns, as generally rendered; but in Inland Towns,
the Word Port in Saxon fignifying the fame with
City.
|
Doffe, Is an infinitive Mood, but ufed fubftan-
tively for a Poffibility; as we fay, fucha Thing is in
poffe, that is, it may poffibly be. See in effe.
Poffefio fratris, Signifies in the Law where a Man
hath a Son and a Daughter by one Woman or Venter,
and a Son by another Venter, and dies, if the firft
Son enters and dies without Iffue, the Daughter
fhall have the Land as Heir to her Brother, altho'
the fecond Son by the fecond Venter is Heir to the
Father: But if the eldest Son dies without Iffue, not
Portsmouth. Lands to be purchafed by Com- having made an actual Entry and Seifin, the young-
miffioners for enlarging and ſtrengthening the For-er Brother by the fecond Wife, as Heir to the Fa-
tifications at Portsmouth, &c. by the Statutes 7 Ann.
c. 26. and 8 Ann. c. 21.
Poztlale, Is a publick Sale of Goods to the
highest Bidder; or of Fifh preſently, upon its Ar-
rival in the Port or Haven. Stat. 35 H. S. c. 7.
Poztlokne, (From the Sax. Port, i. e. Civitas, &
foca, Furifdictio) The Suburbs or Liberty of a City.
King Hen. 3. granted by Charter to the City of Lon
Quietantiam Murdri, &c. infra urbem
in Portfokne, viz. within the Walls of the City,
and the Liberties without the Walls. Placit. Temp.
Ed. 1.
don
Poztuos or Porthole, Was what we now call a
Breviary, and reckoned among Books prohibited by
the Star, 3 4 Ed. 6. cap. 10.
3
Polle Comitatus, The Power of the County, ac-
cording to Lambard, contains the Aid and Atten-
dance of all Knights, Gentlemen, Yeomen, La-
bourers, Servants, Apprentices, and of other young
Men above the Age of Fifteen, within the County;
becauſe all of that Age are bound to have Harness,
by the Statute of Winchester: But Ecclefiaftical Per-
fons, and fuch as are decrepit, or labour under any
Infirmity, are not compellable to attend, Perfons
able to travel being required to be affiftant in this
Service; which is ufed where a Riot is committed,
a Poffeffion is kept upon a Forcible Entry, or any
Force or Refcue made, contrary to the Command-
ment of the King's Writ, or in Oppofition to the
Execution of Juftice. Stat. 2 Hen. 5. cap. 8. She-
riffs of Counties are to be affifting to Juftices of
Peace in the fuppreffing of Riots, &c. and raife
the Poffe Comitatus, by charging any Number of
Men to attend for that Purpoſe, who may take
with them fuch Weapons as fhall be neceffary to
enable them to do it; and they may juftify the
Beating, Wounding, and even Killing of fuch Rio-
ters as fhall refift, or refufe to furrender themfelves;
and Perfons refufing to affift the Sheriffs or Juftices
of Peace herein, may be fined and imprisoned.
17 R. 2. cap. 8. 13 Hen, 4. cap. 7. 2 Hen. 5. cap. 8.
Lamb. 313, 318. Crompt. 62. Dalt. cap. 46. 2 Inft.
193. Juftices of Peace, having a juft Caufe to fear
A violent Refiftance, may raiſe the Peffe in order to
remove a Force in making an Entry into or detain-
ing of Lands: And a Sheriff, if Need be, may raiſe
the Power of the County to affift him in the Execu-
tion of a Precept of Reftitution; and therefore if
he make a Return thereto, that he could not make
a Reftitution by reafon of Refiftance, he fhall be
*
ther, fhall enjoy the Eftate; and not the Sifter.
1 Inft. 11, 15. Lands are fettled on a Man, and the
Heirs of his Body, and he hath Iffue a Son and a
Daughter by one Woman, and a Son by another,
and dieth; and then the eldest Son dies before any
Entry made on the Lands either by his own A&,
or by the Poffeffion of another, the younger Bro-
ther fhall inherit, he claiming as Heir of the Body
of the Father, and not generally, as Heir to his
Brother; yet if the elder Brother enter, and by his
own A&t hath gained the Poffeffion; or if the Lands
were leafed for Years, or in the Hands of a Guar-
dian, there the Poffeffion of the Leffee or Guardian
doth veft the Fee in the elder Brother, and then
upon his Death the Sifter fhall inherit as Heir to
her Brother, for there is Poffeffio fratris. 3 Rep. 42.
There can be no Poffeffio fratris of a Dignity; in fuch
Cafe the younger Brother is Heres Natus: The
Lord Grey being created a Baron to him and his
Heirs, had Iffue a Son and a Daughter by one Ven
ter, and a Son by another; and after his Death, the
eldeft being poffeffed of the Barony, and dying
without Iffue, it was adjudged, that the younger
Brother, and not the Sister fhould have it. Cro. Car.
437. 2 Nelf. Abr. 923.
·
+
Polletion, (Poffeffio, quafi Pedis pofitio) Is either
actual, where a Perfon actually enters into Lands
or Tenements defcended or conveyed to him; or
in Law, when Lands, &c. are defcended to a Man,
and he hath not actually entered into them: Alfo
before, or until an Office is found of Lands efcheat-
ed to the King by Attainder, he hath only a Pof
feffion in Law. Bract. lib. 2. cap. 1.7. Long Poffeffion.
beyond the Memory of Man, eftablishes a Right;
but if by the Knowledge of Man, or Proof of Re-
cord, &c. the contrary is made out, though it ex-
ceeds the Memory of Man, this fall be conftrued:
within Memory. 1 Inft. 115. A long Poffeffion the
Law favours, as an Argument of Right, although.
no Deed can be fhewn; rather than an ancient
Deed, without Poffeffion. 1 Inft. 6. Continued quiet
Poffeffion is a violent Prefumption of a-good Title:
And where two Perfons enter into, and claim the
fame Land, the Poffeffion will be always adjudged in
him who has Right, c. 2 Inft. 256, 323. He that
is out of Poffeffion of Lands, if he brings his Action,
muft make a good Title: And to recover any Thing
*
❤
from
4
PO
PO
1
vifce for Life died; it was refolved, that this Af-
fignment was void, becaufe whilft the Devifee for
Life was living, he in Remainder had only a Poffi-
bility to have the Term, for the Devifee for Life
had an Intereft in it fub modo, and might have fur-
vived the whole Term. 4 Rep. 64. The Devife of
the Poffibility of a Term is void; as where a Term
is deviled to A. for Life, Remainder to B. and B.
devifes this Remainder to C. and dies; and then
A. dies; this Devife to C. is void, and the Execu-
tors of B. fhall have it. 3 Lev. 427. A Poſſibility
founded on a Truft, differs from a mere Poffibility;
the firft may be devifed, but the other cannot.
Moor 808. 2 Nelf. 1275
from another, it is not fufficient to deftroy the Title Abr. 36. A Man made a Leafe to his Brother for
of him in Poffeffion; but you must prove your own Life, and that if he married, and his Wife fhould
better than his. Vaugh. 8, 58, 60. But in Action furvive, then fhe fhould have it for her Life; the
against a Perfon for digging of Coney-Boroughs in Leffee before he married, made a Feoffment of
a Common, &c. it was held, that the Action being the Lands to another, and afterwards the Leffor
grounded on the Poffeffion of the Tenement, to levied a Fine to him; then the Leffee married,
which the Common belonged, the Plaintiff need and died, and his Wife furvived: And it was held,
not fhew a Title; and in this Cafe the Defendant that the Remainder to the Wife for Life was gone
may be a Stranger; befides the Title is not traver- by this Feoffment, and the Poffibility of her having
fable, but ought to be given in Evidence upon the it was included in the Fine, which is likewife
Trial of the Iffue. Trin. 8 W. 3. 3 Salk. 12. A De- barred. Moor 554. A Teftator poffeffed of a Leafe
fendant in Trespass, &c. for taking Cattle Damage- for Years, devifed the Profits thereof to W. R. for
feafant, has been allowed to juftify the Taking on Life, Remainder to another; and afterwards the
his Poffeffion, without fhewing his Title; the Mat- Devifee for Life entered with the Affent of the
ter of Juftification being collateral to the Title of Executor, and then he in Remainder for Life af
the Land. 2 Mod. 10. 3 Salk. 220. Though infigned all his Intereft to another, and after the De-
fuch a Cafe, on its being infifted, that there was
the fame Reafon for juftifying upon a Poffeffion, as
there was for maintaining an Action upon a bare
Poffeffion; it hath been adjudged, that a juftification
on a Poffeffion only, is not good; for a Poffeffion may
not be but by Contract, but a Seifin may be by
Right or wrong. Hill. 2 & 3 Fac. 2. In Replevin,
if the Defendant had the Poffeffion, it is a good Bar
against the Plaintiff if he has no Title; but there
cannot be a Return, unless he fhew a Property in
the Goods. Pafch. 2 Ann. Action of the Cafe lies
for fhooting at and frightning away Ducks from a
Decoy Pond, which is in the Plaintiff's Poffeffion,
without fhewing that he had any Property in them.
3 Salk 9. A Man upon a Leafe and Releaſe of Polt, A fwift or fpeedy Meffenger to carry
Lands, &c. is in Poffeffion to all Intents, except Letters, c. And the Post-Office is of the greatest
bringing Treſpaſs, which cannot be without an En-Confequence to this Kingdom, being a Country of
And to make Trade. The first Law that introduced this very
try, Pedis pofitio. 2 Lill. Abr. 335.
Poffeffion good on Entry, the former Poffeffor and his great Convenience, was made in the Reign of King
Servants, & are to be removed from the Land; Car. 2. By the 12 Car. 2. cap. 35. a General Letter
and if Poffeffion be lot by Entry of another; it muft or Poft Office was created, under the Management.
be regained by Re entry, &c. Pafch. 1650. A Per- of a Poftmaster General, c. And the Rates for
fon in Poffeffion may bring an Action, for Lofs of his Carriage of Letters was 2 d. for a fingle Letter of a
Shade, Shelter, Fruit, when Trees are injured; Sheet, not exceeding eighty Miles; two Sheets 4 d.
and he in Reverfion, for fpoiling the Trees. 3 Lev. Packets 8d. per Ounce; and above eighty Miles
209. One in Defence of his lawful Poffeffion, may3d. not exceeding a Sheet, &c. The I W. & M.
affemble his Friends to refift thofe that threaten to was made for creating a Poft Office in Scotland: And
make an unlawful Entry into a Houfe, &c. 5 Rep. by 9 Ann. cap. 10. the Poft-Office of England and Scot-
91. There is an Unity of Poffeffion, when by Pur-land are united; and the Price of Postage of Letters
chafe the Seigniory and Tenancy, become in one
Man's Poffeffion. Kitch. 134.
Poffibilitas, Is taken in the Saxon Laws for an
A&t wilfully done; and Impoffibilitas, for a Thing
done against one's Will. Leg. Alfred. cap. 28.
1
is increafed to 3 d. for a fingle Letter from any
Places not diftant above eighty Miles from Londor,
and 6 d. for a double Letter, and fo proportionably
for Packets of Letters; and for Packers of Writs,
Deeds, c. 12 d. per Ounce; fingle Letters above
Poffibility, In our Law is defined to be an un- eighty Miles from London 4 d. and for double Ler-
certain Thing, which may or may not happen. ers Sd. and for other Things 1 s. 4d. per Ounce:
2 Lill. Abr. 336. And it is either near or remote; Single Letters to and from Edinburgh, or to and
as for Inftance: Where an Eftate is limited to one, from Dublin 6d. double Letters 12 d. and Parcels
after the Death of another, this is a near Poffibility; | 25. per Ounce, &c. And by this Statute, the Rates
but that one Man fhall be married to a Woman, of Letters from London to France, Spain, Flanders,
and then that ſhe fhall die, and he be married to Holland, &c. are appointed: And the Poftmaster is
another; this is a remote or extraordinary Poffibi-not only to continue conftant Posts to all Places on
lity: And the Law doth not regard a remote Polibi-the Poft Roads; but may erect crofs Stages, keep
lity, that is never like to be. 15 H. 7. 10. Hardr. Packet-Boats, &c. for the Conveyance of Letters;
417. 2 Rep. 50. A Poffibility cannot be granted and no Perfon but the Poftmafter or his Deputies,
over; no Poffibility, Right, or Chofe in Action, &c. fhall receive, take or carry Letters, or fet up any
may be granted or affigned to a Stranger. 4 Rep. 66. Foot-Post, & under certain Penalties; nor fhall
10 Rep. 48. A Leafe was made to Husband and Carriers carry Letters, except fuch as concern
Wife of a Term of Years, for their Lives, Remain-Goods fent by them: Opening, Delaying, or De-
der to the Executors of the Survivor; the Husband taining Letters, by Officers of the Poft-Office; unless
granted the Term, and it was adjudged, that it by Warrant from a Secretary of State, or the Par-
hould not bind the Wife, the Husband having only ty to whom directed refufes to pay the Postage, or
a Poffibility to have it, if he furvived his Wife, and where the Letter is returned for Want of true Di-
no Interest till then. Hill. 17 Eliz. 2. 2 Nelf. Abr. re&tion, incurs a Penalty of 201. Money due for
1274. If Husband and Wife are Tenants in Spe-Postage of Letters, not exceeding 5 1. fhall be reco-
cial Tail, and the Husband only levics a Finc of vered before two Juftices of Peace, on Complaint,
the Lands, &c. the Wife's Eftate is turned into a and Summons of the Parry, by Diftrefs, &c. as
Poffibility, and only reducible by Entry, if the fur-fmall Tithes; and fhall be paid before any Debt
vive. Hob. 257. Where a Leafe is made for Life, due to a private Perfon. Stat. 9 Ann. If feveral
the Remainder to the right Heirs of F. S. this is
good; for by common Poffibility J. S. may die during
the Life of Tenant for Life. 2 H. 7. 13. 3 Shep.
Letters are writ by the General Poft on one Piece
of Paper, or any Bill of Exchange, &c. fhall be
writ in the fame Piece of Paper with a Letter,
7 0
they
1
¡
PO
PO
-
•
Prifcn. New Nat. Br. 423.
And the Defendant is
not to be delivered out of Prifon, until he hath
paid a Fine to the King, and without the King's
fpecial Command, upon a Certiorari to remove the
Record into B. R. whereupon a Writ fhall go to
the Sheriff to deliver him. Ibid. Nontenure is no
Plea in a Poft-Diffeifin, for the Defendant ought to
answer the Diffeifin, &c.
they fhall be charged as fo many diftin&t Letters, Party fhall be punished by Impriſonment, &c. Stat.
and pay accordingly: But this is not to extend to Wefim. 2. c. 26. Reg. Orig. 208. F. N. 190. The
Bills, Accounts, c. fent by Merchants beyond Writ of Poft-Diffeifin ought to be brought by the Par
Sea. 6 Geo. 1. cap. 21. A Perfon having inclofed ties who firft recovered, or fome of them, and of
Exchequer-Bills in a Letter fent by the Poft, which the fame Land which was recovered, or Part there-
were left, the Owner brought an Action on the Cafe of, and against thoſe or fome of them, againſt whom
against the Postmafter; and by three Judges it was the Recovery was: But if a Man recover by a Pre-
held, that the Action did not lie, because the Office cipe quod reddat, and after he is diffeifed by him a
is for Intelligence only; and it is impoffible the gaint whom he recovered, and the Diffeifor makes
Pofimafer
mafer General, who is to execute this Office in a Feoffment, and takes back an Eftate to him and
fuch diflant Places, by fo many feveral Hands, fhould another, a Poft-Diffeifin may be had against him and
bé able to ſecure every Thing, and for that this is his Jointenant; and if he that lofeth the Land by
nor a Conveyance for Treafure: But the Lord Default, &c. do after diffeife him who recover'd,
Chief Justice Holt was of a contrary Opinion; he and make a Feoffment to another Perfon, he that
confidered this as a Letter loft in the Office, not on recover'd fhall have this Writ against the Diffeifor,
the Road, and held that the Poftmafter General is although he be not Tenant of the Land; for in a
liable, the whole Care being committed to him, Writ Poft-Diffeifin, the Demandant fhall not have
and the Law makes the Officer anfwerable for him- Judgment to recover the Land; but the Sheriff fhall
felf and his Deputies; he has a Reward, which is reftore the Plaintiff to his Poffeffion, if the Diffeifin
the Reafon why Innkeepers, Carriers, &c. are lia-be found, and take the Defendant and keep him in
ble for Goods loft; and where a Man takes upon
him a publick Employment, he is bound to ferve
the Publick, or Action lies againſt him, &c. Pafch.
12 W. 3. B. R. 1 Salk. 17. The Poft-Office in Lon-
don is managed by the Poftmafter, and other Officers
to the Number of Seventy-seven; one of which is
called the Court Poft, conftituted by Patent for Life,
with a handsome Salary: And the Poftmaster Gene
ral has under him One hundred eighty-two Depury Poftea, Is the Return of the Judge, before whom
Poftmasters in England and Scotland, most of them a Caufe was tried, after a Verdi&, of what was
keeping regular Offices in their Stages, and Sub- done in the Caufe; and is indors'd on the Back of
Pofimafters in their Branches. The Conveyance of the Nifi prius Record: It begins, Poftea die & loco,
Poft Letters extends to every confiderable Market-c. wherefore it is fo call'd. 2 Lill. 337. A Poftea
Town, and is fo expeditious that every twenty-four is a Record of the Court, trufted with the Attorney
Hours the Poft goes Six fcore Miles; and the Poft in the Caufe by the Clerk of the Affife; and the
Days to fend Letters from London to any Part of Attorney, fo intrufted, is to deliver it into the Of-
England and Scotland, are Tuesdays, Thurfdays and fice, that the Judgment may be entered by it by
Saturdays, and the Returns Mondays, Wednesdays and the Officer of the Court. Trin. 1651. It is brought
Fridays; but to
but to Wales and Ireland, the Puft goes only into Court at the Day in Bank, and recorded there,
twice a Weck, Tueſdays and Saturdays, and returns and delivered back to the Attorney, who gives a
from Wales every Monday and Friday; but from Ire. Rule for Judgment upon it; and if there be no
land the Return is uncertain, &c. See Mafter of the Rule to the contrary, after the Rule for Judgment
Pofts.
is out, the Attorney brings his Poftea to the Secon-
dary, who figns his Judgment, and then he enters
all this Matter upon the Iffue Roll. 2 Lill. 337.
The Court may ftay the Bringing in of the Poftea,
and Entring up the Judgment upon a Verdict, if
they find Caule to do it, for any undue Practice
in the Proceedings to Trial: And if the Party for
whom the Verdict paffed, will not bring in the Poftea,
upon Notice given by the other Party, that he in-
tends to move in Arreft of Judgment; the Court, on
Motion will order Judgment to be ſtay'd, until
four Days after the Poftea is brought in, allow'd to
fpeak in Arreft of Judgment. Mich. 22 Car. B. R.
Altho' the Verdict given be prejudicial to the Plain-
tiff, he ought to bring in the Poftea; for he muft a-
bide by the Trial. There is no general Rule of
Court for the Clerk of the Affife, &c. to bring in
the Poflea into the Court of B. R. by a Preciſe
Time; but if it be not return'd in convenient
Time, the Court may be moved at the Side-Bar
for a Rule to bring it in fpeedily. 2 Lill. 337. If
the Clerk of the Affife hath mistaken in drawing up
the Poftea, he may amend it by his Notes, before it
is filed; and the Return of a Poftea hath been amend-
ed by the Memory of a Judge, who tried the Caufe.
Cro. Car. 338.
Denny-Dott. Letters or Parcels, not exceeding
fixteen Ounces Weight, or ten Pounds Value, are
conveyed daily by the Penny-Poft, to and from all
Places within the Bills of Mortality, and ten Miles
Distance from the General Poft-Office, for I d. each
Packer, Letter, &c. Stat. 9 Ann. c. 10. And feve
ral General Offices are kept at convenient Distances
from one another, to receive and take in Penny-
Poft Letters every Day, Sundays excepted: Allo
Letters that come from all Parts by the General
Poft, directed to Perfons in any Country Towns to
which the Penny-Poft goes, are delivered by the
Meffengers thereof the fame Day they come to
London; and the Anfwers are carried every Poft
Night to the General Poft Office in Lombard-ftreet, be-
ing left at the Receiving Houses. Penny Poft Men
carrying Letters to Towns and Places out of the
Cities of London and Westminster, or Borough of South-
wark, and the Suburbs thereof, may demand and
take 1 d. at Delivery for every Letter, over and a-
bove the Penny paid on putting the Letters into
the Penny-Poft Office; except Letters paffing by the
General Poft, &c. Stat. 4 Geo. 2. c. 33.
Post Conqueftum, Were Words inferted in the
King's Title, by King Edw. 1. and conftantly used
in the Time of King Ed. 3. Clauf. 2 Ed. 3.
Polt Diem, Is where a Writ is returned after
the Day affigned, for which the Cuftos Brevium bath
a Fee of 4 d. whereas he hath nothing if it be re
turned at the Day.
Bolt-Diffcilin, Is a Writ that lies for him who
having recovered Lands or Tenements by Pracipe
quod reddat, on Default or Reddition, is again dif
feifed by the former Diffeifor; then he fhall have
this Writ, and recover double Damages, and the
Pofteriozity, (Pofterioritas) Signifies the Being or
Coming after, and is a Word of Comparison and
Relation in Tenures, the Correlative whereof is
Priority: As a Man holding Lands or Tenements of
two Lords, holds of his ancienter Lord by Priority,
and of his latter Lord by Pofteriority. Staundf. Præ-
rog. 10, 11. 2 Inft. 392.
Dot-Fine, Is a Duty to the King for a Fine for-
merly acknowledged in his Court, paid by the Cog-
nifee after the Fine is fully paffed, and it is fo
2
much
PO
PO
i
much, and Half fo much as was paid to the King
for the Pra Fine, collected by the Sheriff of the
County where the Land lies of which the Fine was
levied, to be anſwered by him into the Exchequer.
Stat. 22 & 23 Car. 2.
Posthumous, Is where a Child is born after his
Father's Death, &c. And Pofthumous Children are
enabled to take Eftates by Remainder in Settle
ments, as if born in their Father's Life-time, though
no Eftate be limited to Truſtees to preferve them
till they come in eſſe. 10 & 11 W. 3. cap. 16. See
In Ventre fa mere.
open Place, it is otherwife, Notice is to be given;
and if Beafts are impounded in a Pound Cloſe, in
Part of the Diftrainer's Houfe, &c. he is to feed
them, at his Peril. 1 Inft. 47. A common Pound be-
there ought to be fuch a Pound in every Pariſh,
longs to a Township, Lordship or Village; and
kept in Repair by them who have used to do it
Time out of Mind; The Overfight whereof, and
want of it, is to be by the Steward in the Leet,
where any Default herein is punishable. Dyer 288.
Noy 52. See Diftrefs.
Pound-breach. If a Diftrefs be taken, and im-
pounded, though without just Caufe, the Owner
cannot break the Pound, and take away the Diftrefs;
he doth, the Party diftraining may have his Ac-
tion, and retake the Diftrefs where ever he finds it:
And for Pound breaches, c. Action of the Cafe lies,
whercon treble Damages may be recovered. 1 Inft.
161. 2 W. & M. c. 5. Alfo Pound-breaches, may be
inquired of in the Sheriff's Turn; as they are com-
mon Grievances, in Contempt of the Authority of
the Law. 2 Hawk. P. C. 67.
Poltnatus, Is a Word that fignifieth the fecond
Son, or one born afterwards; often mentioned in
Bracton, Glanvile, Fleta, and other ancient Law-if
Writers: And as to Poftnati and Antenati, it was by
all the Judges folemnly adjudged, that thofe who
after the Diſcent of the Crown of England to King
Fam. 1. were born in Scotland, were not Aliens
here in England: But the Antenati, or thoſe born
in Scotland, before the faid Difcent, were Aliens
here, in respect of the Time of their Birth. 6 Fac.
7 Rep. Calvin's Cafe. Children of Perfons attaint-
ed of Treafon, born after the King's Pardon, may
inherit Lands; though not those born before, &c.
1 Inft. 391.
"
Postponed, (From Poftpono) Set or put behind or
after another. 22 & 23 Car. 2.
Post-Terminum, Is the Return of a Writ, not on-
ly after the Day for the Return thereof, but after
the Term; on which the Cuftos Brevium of the Court
of Common Pleas takes the Fee of 20 d. It is alo
ufed for the Fee fo taken.
Poftilliæ, Notes or Annotations on a Book, &c.
Langton Archiep. Cantuar. fuper Bibliam poftil-
las fecit. Triver's Chron:
Hift. Croyland contin. pag. 519.
Poundagium, The Liberty of Pounding Cattle.
Doandage, is a Subfidy or Duty granted to the
King of 12 d. in the Pound on all Goods and Mer-
chandizes exported and imported. Stat. 1 & 2 Ed. 6.
c. 13. 1 Fac. 1. c. 33.
12 Car. c. 4. See Customs.
Pound in Money, (From the Sax. Pund, i. e.
Pondus) Is Twenty Shillings: In the Time of the
Saxons it confifted of 240 Pence, as it doth now;
and 240 of thofe Pence weighed a Pound, but 720
fcarce weigh fo much at this Day. Lambard. 219.
Pourpzelture, In Lands and Woods, &c. See
Purpresture.
Pour fair proclaimer, que null inject fimes ou
Didures en Folles ou Rivers pies Cities, &c. Is
an antient Writ directed to the Mayor or Bailiff of
Poftulation, (Poftulatio) Signifies a Requcft, Suit a City or Town, requiring them to make Procla-
or Petition. Formerly when a Bishop was tranflamation, That none caft Filth into the Ditches or
ted from one Bishoprick to another, he was not e-Places near fuch City or Town, to the Nufance
lected to the new See; for the Canon Law is Electus thereof; and if any be caft there already, to re-
not poteft Eligi; and the Pretence was, that he was move the fame: It is founded on the Stat. 12 R. 2.
married to the first Church, which Marriage could c. 13. F. N. B. 176.
not be diſſolved but by the Pope; thereupon he was
petitioned, and he confenting to the Petition, the
Biſhop was tranflated, and this was faid to be by
Poftulation: But being an Ufurpation and against
our Law, it was reftrained by the Stat. 16 R. 2. and
9 H. 4. c. S. Since which Tranflations of Bishops
have been by Election, and not by Poftulation. 1
Jones 160. 1 Salk. 137. Poftulations were made up
on the unanimous Voting any Perfon to a Dignity
or Office; of which he was not capable by the or-
dinary Canons or Statutes, without fpecial Difpen-
fation: And by the ancient Customs, an Election
could be made by a Majority of Votes; but a
ftulation must have been Nemine Contradicente.
Dot, An Head-Picce for War, mentioned in the
Stat. 13 Car. 2. c. 6.
Pour feifir Terres la Femme que tient in Dow-
er, Was a Writ whereby the King feiſed the Land,
which the Wife of his Tenant in Capite had for her
Dowry after his Deceafe, if the married without the
King's Leave; by Virtue of the Statute of the King's
Prerogative, c. 3. F. N. B. 174.
Pourfuivant, A Meſſenger of the King. Vide
Purfuivant.
Power, Is an Authority which one Man gives to
another to A&t for him; and it is fometimes a Refer-
Po-vation which a Perfon makes in a Conveyance for
himſelf to do fome A&ts, i. e. to make Leafes, or the
like. 2 Lill. Abr. 339. And Powers are either Ap-
pendant, or Collateral; the one is where a Man devi-
Pound, (Parcus) Is generally any Place inclos'd,les Lands for Life, with a Power for the Devifee to
to keep in Beafts; but especially a Place of Strength make a Jointure, &c. and the other is when he de-
to keep Cattle that are diftrained, or put in for any vifes to his Executor to fell, c. In the firft Caſe,
Trefpafs done by them, until they are replevied or the Power is annexed to the Eftate, and derived our
redeemed. In this Signification, it is called Pound of it; but in the other Cafe, 'tis collateral to it. 3
overt, and Pound covert; a Pound overt is an open Pound, Salk. 276. A Feoffment, Fine or Recovery, will
ufually built on the Lord's Walte, and which he destroy a Power coupled with an Intereft to the Par-
provides for the Uſe of himſelf and his Tenants, and ry himself; though not a collateral Power: As for
is alfo called the Lord's or the Common Pound; and Inftance; Lands are deviled to W. R. in Tail, Re-
a Backfide, Yard, &c. whereto the Owner of the mainder over, with a Power given to him to make a
Beafts impounded may come to give them Meat, Jointure to a fecond Wife, &c. The Tenant in Tail,
without Offence, is a Pound overt : And a Pound covert in the Life-time of his firſt Wife, fuffered a common
is a clofe Place, as the Owner of the Cattle cannot Recovery to the Ufe of himſelf and his Heirs; then
come to for the Purpofe aforefaid, without giving his Wife died, and he married a fecond Wife, and
Offence; ſuch as a Houfe, &c. Kitch. 144. Terms covenanted to ſtand ſeiſed to the Ufe of himſelf, and
de Ley 483. 1 Inft. 96. There is a Difference between his Wife for their Lives, &c. Adjudged, that this
a common Pound, an open Pound, and a cloſe Pound, Power then created, was to be executed out of the
as to Cattle impounded: For where Cattle are kept Eftate-tail, which was now deftroyed by fuffering
in a common Pound, no Notice is neceffary to the Ow-the Recovery, and by Confequence the Power to
ner to feed them; but if they are put into any other make a Jointure was deftroyed. 2 Lev. 58, 60. A
fingle
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PR
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Cells only, fubordinate to their principal Manfion
the Temple in London. 32 Hen. 8. c. 24.
Precipe in capite, Was a Writ iffuing out of the
Chancery, for a Tenant holding of the King in capite,
viz. in Chief as of his Crown. Magn. Chart. cap. 24.
Reg. Orig. 4.
Præcipe quod reddat, Is the Form of a Writ,
which extends as well to a Writ of Right, as to other
Writs of Entry or Poffeffion, beginning Precipe A. quod
reddat B. unum messuagium, &c. Old Nat. Br. 13.
Precipitaría, A Battering Ram, mentioned in
Matt. Parif. pag. 396.
Præcipitium, Was a Punishment inflicted on Cri-
minals, by cafting them from fome high Place or
Rock. Malmf. lib. 5. p. 155.
Drædía', Predictus (Lat.) in English Aforefaid,
a Word ufed in Pleadings, applied to Places,
Towns, Lands, Names, Parties, &c. before menti
oned. Law Lat. Diet. In a Deed or Grant, the
Words predi&t. Mañerii, are a Defeription of the Ma-
nor beforenamed: And a Town, repeated by
the Name of Parish predict. fhall be held all one;
for the Word aforefaid couples then. Hob. 6. A Dif
ference as to predict. Term granted, &c. See 10
Rep. 65.
fingle Lady made a Settlement of her Eftate for
Life, Remainder in Tail, with a Power to make
Leafes (being fole) for three Lives; afterwards fhe
married, and fhe and her Husband made a Leafe,
c. And it was held that this Leafe was void, be-
ing not pursuant to the Power; for the Leafe of the
Husband and Wife is the Leafe of the Husband; and
the Difference betwixt a naked Power and a Power
which arifes from an Intereft, is, That if a Woman
hath only a naked or bare Power, as by a Will to
fell Lands, the may fell, tho' fhe marry, becauſe
this is not a Power created by herself out of any In-
tereft; but where a Power is referved upon a Set-
tlement, the muft execute it pursuant to that Power,
when it was at firft referved. Chanc. Rep. 18. 3 Salk.
273. It is faid, if a Man hath a Power to make a
Leafe for three Lives or Twenty-one Years, he can-is
not make a Leafe for Ninety-nine Years, if three
Perfons live fo long: But if he hath a Power to
make a Leafe, Provifo that it doth not exceed three
Lives, &c. he may make a Leafe for Ninety-nine
Years if three live fo long. 4 Rep. 70. A Power
ought to be exactly and ftriatly executed. 6 Rep. 33.
But a Power may be well executed, though there
be no Recital of the Power in the Deed for the Ex-
ecution thereof. 1 Lev. 150. And a Power hath
been decreed in Equity, though not pursued ftri&tly.
Chanc. 263, 264. Yet it hath been held that a
Power not well executed in Law, fhall not be made
good in Equity. 1 Lep. 241. A Power to fell Lands,
is fubject to the Rules of Equity. Chanc. Rep. 281.
Peivers ought to be conftrued according to the In-
tent of the Parties; and a bare Power is not affign.
able over. 5 Mod. 379. 2 Mod. 318. Where Attor-
nies have Power to make Leafes for Years, they must
make them in the Name of him who gave the Au-
thority. 9 Rep. 76. And the Leafe ought to run
thus: This Indenture made, &c. between A. B. and
C. D. of the one Part, and E. F. of the other Part,
Whereas the faid A. B. by a Writing or Letter of Attor
under his Hand and Seal duly executed, dated, &c.
among other Things therein mentioned, did authorize the
faid C. D. in the Name of him the faid A. B. and on his
Behalf, to feal and execute Leafes of fuch Parts of his
Lands, Tenements, &c. as he thought fit to be leafed:
Witneffeth that in Confideration of, &c. he the faid A. B.
by his Attorney C. D. hath demifed and granted, Habend',
c. yielding and paying to the faid A. B. c. And the
faid E. F. covenants with the faid A. B. his Heirs, &c.
And the faid A. B. by the faid C. D. his faid Attorney
doth covenant, &c. 2 Lill. 340. See Letter of At
ney
torney.
Power of the County, On what Occafions and
how raiſed, &c. Scc Poffe Comitatus.
Præfe&us illæ, Is the fame as Præpofitus Villa,
e. The Mayor of a Town. Leg. Ed. Confeff. c. 28.
Dzæfine, is that Fine which upon fuing out the
Writ of Covenant on levying Fires of Lands, is paid
before the Fine is paffed. 22 23 Car. 2.
Præmium, A Reward or Recompence; among
Merchants it is used for that Sum of Money, which
the Infured gives to the Infurer, for infuring the fafe
Return of any Ship or Merchandize. Stat. 19 Car. 1.
cap. 1.
Præmunire, Is taken either for a Writ fo called,
from the Words therein Pramunire facias, or Pramo-
nere facias, &c. fignifying to forwarn or bid the Of
fender take heed; or it is the Offence on which the
Writ is granted. The Church of Rome, under Pre-
tence of her Supremacy, formerly carried Things
to that Height in this Kingdom, that King Ed 3. in
the 27th Year of his Reign made a Statute against
thofe that drew the King's People out of the Realm,
to anſwer and fue for Things belonging to the King's
Court; which greatly reftrained this Liberty of the
Pope: But notwithstanding, he ftill adventured to
continue his Mandates and Bulls, infomuch that King
Rich. 2. made feveral Statutes against them, but
moft exprefly that of 16 R. 2. cap. 5. commonly cal-
led the Statute of Pramunire, which ordains the Punish-
ment of this Offence, viz. The Offenders are to be out
of the King's Protection, forfeit their Lands and Gouds, and
be imprisoned and ranfomed at the King's Pleafure, &c.
and if the Offenders are not to be found, they shall be out-
lawed. After him King Hen. 4. in like Manner ag-
grieved at other Abufes not remedied by former Sta-
tutes, in the fecond Year of his Reign added certain
new Cafes, laying upon the Offenders the fame Pu-
nifhment; as likewife did 3 Hen. 5. cap. 4. And by
the 24 Hen. 8. cap. 12. to appeal to Rome from any of
the King's Courts is made a Premunire. So if any
Dean and Chapter refufe to elect a Bishop named
by the King, or any Archbishop or Bishop to confirm
him, &c. 25 Hen. 8. cap. 20. Refufing the Oath of
Supremacy is a Pramunire: And affirming the Au-
Præceptories, (Preceptoria) Were a Kind of Bene-thority of the Pope; or contributing to the Main-
fices, having their Name from being poffeffed by the tenance of a Popífh Seminary, is the fame Offence.
more eminent Templers, whom the Chief Mafter by Eliz. c. 1. 13 Eliz. c. I. and 27 Elixi cap. 2. To
his Authority created and called Preceptores Templi: refufe the Oath of Allegiance, upon Tender, incurs
And of thefe Preceptories, there are recorded fixteen, a Pramunire. 3 Fac. 1. cap. 4. Affirming that both
as belonging to the Templars in England, viz. Crefor either Houfes of Parliament, have a Legislative
fing Temple, Balfhal, Shengay, Newland, Levely, Wit-Power without the King, is made a Pramunire. 13
ham, Templebruere, Willington, Rotheley, Ovenington, Car. 2. cap. 1. The Oaths of Supremacy and Alle
Temple Combe, Trebigh, Ribftane, Mount St. John, Tem-giance prefcribed in former A&ts are abrogated, and
ple Newfum and Temple Hurft. Mon. Angl. Tom. 2. new Oaths fubftituted by 1 W. & M. c. 8. which to
pag. 543. But fome Authors fay, thefe Places were refufe upon Tender, makes one liable to the Penalty
Poyning's Lawn, Is an A&t of Parliament made in
Ireland in the Reign of King Hen. 7. and fo called
becauſe Sir Edward Poyning was Lieutenant there
when it was made, whereby all the Statutes in England
were declared of Force in Ireland; which before
that Time were not, nor are any fince that Time,
but by special Words. 12 Rep. 109.
Pattice. The Law loves plain and fair Practice,
and will not countenance Fraud in Proceedings, nor
fuffer Advantage to be taken thereby. 2 Lill, 342.
Private clandeftine Proceedings in feveral Cafes, are
faid to be by Practice.
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of a Premunire: And Counsellors, Attornies, Soli- under the. Hands of feveral of the Privy Council;
citors, Proctors, &c. praaifing as fuch in any Court and he being brought into Court, and the Oath read
without taking the Oaths of Allegiance and Supre- to him, he prayed to have Counfel;, but it was de-
macy, and fubfcribing the Declaration, incur a Breshied; and being preſs d to plead to the Indictment,
munire, by the Statute 7 & 8 W. 3. 24 If any he confeffed it, and thereupon had. Judgment of
fhall malicioufly and directly, by Preaching, or Pramunire, viz. To be out of the King's Protection,
adviſedly Speaking, affirm that the pretended to forfeit his Lands, Tenements, Goods, and Chat-
Prince of Wales hath any Title to the Crown, or that tels to the King, and to be imprisoned during Life.
the King with Authority of Parliament, cannot by 1 Bulft. 197. 4. being indicted upon the Statute 1
Laws limit the fame, &c. it is a Premunire. 1 & 2 Eliz. for aiding B. knowing him to be, a principal
Ann. cap. 17. 4. Ann. c. 8. And fo in divers other Maintainer of the Authority of the See of Rome;
Cafes; and most of thefe latter Statutes refer the which Offence in the faid Statute has the Words, up-
Punishment to the Stat. 16 R. 2. On the Statutes on purpofe and to the Intent to extol the Power of that See:
27 Ed 3. and 16 R. 2. making it a Pramunire to fue And becauſe thefe Words were omitted in the In-
or purfae Caufes out of the Realm, in the Court dictment, it was adjudged infufficient by all the
of Rome or elſewhere, or in any other Court, to Judges; for they make the Offence, as to the For-
defeat the Judgments given in the King's Courts; feiture of Pramunire. Fenk. Cent. 243. The For-
it has been formerly holden, by the Words elsewhere, feiture of Lands to the King in a Premunive, is un-
&c. That Suits in Equity brought to relieve againft derftood of Lands in Fee only for ever; and of
a Judgment given at Law, as of the Court of Chan Lands in Tail bur during Life, or of fuch Eftate as
cory in the Proceeding in Courfe of Equity, which one may lawfully forfeit. 1 Inft. 130. 3 Inft. 12511
is no Court of Record; Suits in the Admiralty, or Tenant in Tail is attainted in a Pramunire, he fall
in the Courts of the Conftable and Marthal; and forfeit his Lands only during Life; and afterwards
Ecclefiaftical Courts, for Matters belonging to the the Iffuc in Tail fhall inherit. 11 Rep. 56. A Per-
Cognifance of the Common Law, are within the Sta- fon being feiled in Fee of Lands, was indicted for a
tute: And he that procures one to fue to the Court Pramunire upon the Stat. 13 Eliz. but before Con-
Chriftian, in a Temporal Caufe, fhall forfeit as viction he made an Entail of his. Lands; and it
much as be that fueth as Principal, and is in equal was adjudged, that the Attainder fhall relate to the
Degree of Premunire. 3 Inft. 121. 2 Inft; 601, &c. Time of the Offence, and that was before he en-
But it is agreed at this Day, that no fuch Suit in tailed the Lands, and not the Time of the Judg-
Equity feeking Relief after Judgment at Law, &c. is ment, which was afterwards; and the Freehold
within the Intention of the faid Statutes. 1 Hawk. being in him at the Time of the Attainder, fhall not
P. C. 51. The Writ of Pramunire runs Contra Coro-be devefted without an Inquifition, under the Great
nam & Dignitatem Regis; and it hath been held by Seal. Cro. Car. 123, 172. It is faid the Statute of
all the Judges, that when an Ecclefiaftical Judge Pramunire doth not extend to the Forfeiture of Rents,
doth ufurp upon the Temporal Laws, which are the Annuities, Fairs, &c. or any other Hereditaments
Birthright of the Subject, he drawcth the Matter ad that are not within the Word Terre. 3 Inft. 126. This
aliud Examen, and therein he offends contra Coronam Suit need not be by original Writ in B. R. for if
& Dignitatem, &c. 12 Rep. 50. A Prohibition was the Defendant be in Cuftodia Marefchilli, the Suit
granted against a Prior, for that the King having may be against him by Bill; and the Defendants
recovered against him in a Quare Impedit, he fent cannot be fued in any, other Court, when they are
his Brother with an Appeal to Rome, and fued there in Cuftodia Marefchal'. And if a Defendant come not
to avoid the Judgment; upon Not guilty pleaded, at the Day, &c. or if he appears and pleads, and
it was found against the Defendant, and thereupon the Iffue be found against him, or he demurs in
the King prayed Judgment upon the Stat. 27 Ed. 3. Law, &c. Judgment fhall be given, that he ſhall be
as in Cafe of a Pramunire; but it was adjudged, that out of Protection, &c. 3 Inft. 124. So odious was
he fhould not have fuch Judgment, becaufe the this Offence of Pramunire, that a Man attainted of
Suit was not brought according to the Statute, but the fame, being out of the King's Protection,
by a Writ of Prohibition at Common Law. 9 Rep. might be flain by any Perfon; becaufe it was pro-
71. And yet it hath been refolved, That a Statute, vided by Law, that a Man might do to him as to
by appointing that an Offender fhall incur the Penalthe King's Enemy, and any Man may lawfully kill
ty and Danger mentioned in the 16 R. 2. of Pra-an Enemy: But this Severity and Inhumanity is
munire, does not confine the Profecution for the Of
fence to the particular Procefs thereby given. 1 Ven.
173. A Pramunire lieth as well for the Party griev-
ed, as for the King; and both may join in one Writ.
3 Inft. 125. Davies 83. But where the Attorney Ge-
neral profecuted a Pramunire for the Queen and R.
B. against the Dean of Christchurch in Oxford, and o-
thers, and afterwards withdrew his Suit: It was
held, that by this Means the Parry grieved could
not proceed, becauſe the principal Matter, of the
Pramunire was the Putting the Defendants out of the
King's Protection, &c. and the Damages to the Par-
ty are but acceffary; fo that the Principal being
releaſed, the Damages are fo likewife. 1 Leon. 290.
In Profecutions on the Stat. 1 Eliz. and 3 Fac. 1.
for refufing the Oaths of Allegiance, &c. the Trial
must be by a Jury of the County wherein the Oathṣ
were refufed; though the Statute authorizes an In-
diament by a Jury of the County where the Court
fits: And any Mitrecital of the very Words of the
Oath, in an Indictment for not taking it, is erroneous;
but the Tenour of the Oath is as much as if it were
verbatim. Dyer 234. Raym. 212,374. The Lord Vaux
was indicted for refuſing to take the Oath of Alle-
giance, being lawfully tendered to him, and he be
ing about 18 Years old; this was certified into B. R,
+
}
3
reftrained and provided against by Stat. 5 Éliz.
Though no Perfon attainted of Pramunire can bring
an Action for any Injury whatfoever; and no one
knowing him to be guilty, can with Safety give him
Aid, Comfort or Relief. 1 Inft. 130. 1 Hawk. 55
The Laws making Offences to be Pramunire, it has
been obferved are fo very fevere, that they are fel-
dom put in Execution: And notwithstanding the
Statutes, the King may protect and pardon an Of
fender; for this Protection is given him by the
Law of Nature. 2 Bulſt. 299. A Pramunire is faid
to be a Defence of the Crown, and the Laws of the
Land, from the Tyranny and Oppreffion of the
Pope's Jurifdi&tion, &c. Sec Pope.
Præpofitus Ecclefiæ, Is ufed for a Church-
reve, or Church-warden.
Præpofitus Willæ, Is fometimes taken for the
Conftable of a Town; and frequently an Head or
Chief Officer of the King in any Town, Village,
Manor, &c. Leg. Edav. Confeff. cap. 28. Crompt. Ju-
rifd. 205. But this Prepofitus Ville in old Records,
was no more than the Bailiff of the Lord of the
Manor: And by the Laws of Hen. 1. the Lord an-
fwered for the Town where he was refident, and
where he was not, his Senefchal; but if neither of
them could be prefent, then Præpofitus & quatuor
7 P
de
F
}
O
2
B
PR
de unaquaque Villa, i. e. The Bailiff or Reeve
and Four of the moft fubftantial Inhabitants, were
fummoned to appear before the Juftices, &c. Brad.
Gloff. pag. 97.
Præfentare ad Eccleliam, Denotes originally the
Patron's Sending or Placing an Incumbent in the
Church; and is ufed for Reprafentare, which in the
Council of Lateran, and elfewhere, occurs for Pre-
fentare. Selden of Tithes, pag. 390.
·
PR
•
moft worthy; and a Perfon is not a complete Pre-
bend; to make any Grant, &c. before Inftallation and
Induction. Dyer 221 Prebends are diftinguished into
thofe which are called Simple and Dignitary: A Sim-
ple Prebend hath no more than the Revenue for its
Support; but a Prebend with Dignity hath always a
Jurifdi&tion annexed, and for this Reafon the Pre-
bendary is filed a Dignitary, and his Jurifdi&tion is
gained by Prefcription: And Prebends are fome of
them donative; and fonie are in the Gift of Lay-
mên, but in fuch Cafe they muft prefent the Pre-
bendary to the Bishop, and the Dean and Chapter
inducts him, and places him in a Stall in the Cathe-
dral Church, and then he is faid to have Locùm in
Choro; at Westminfer the King collates by Patent,
and by Virtue thereof the Prebendary takes Poffer
fion, without Inftitution or Induction.
7
Pragmaticus, A Practifer in the Law, Petty
fogger, or Splitter of Caufes:
Datum falcabile, A Meadow or mowing Ground.
Trin. 18 Edap. 1.
Diay in Aid, Or Aid-Prayer. See Ald.
Prayers of the Church, Are to be read in
Churches by Clergymen, as directed by the Book
of Common Prayer, under Penalties. Stat. 1 Eliz. c. 2.
14 Car. 2. c. 4. Vide Common Prayer.
•
*
·
:
{
2 Roll. Abr.
3.56. ´As a Prebend is a Benefice without Cure, &c.
a Preband and a Parochial Benefice are not incom-
patible Promotions; for one Man may have both
without any Avoidance of the Firft: But though
Prebendaries are fuch as have no Cure of Souls, yet
there is a facred Charge incurabent upon them in
thofe Cathedrals where they are refident, and they
are obliged to Preaching by the Canons of the
Church; and it is not lawful for a Prebendary to pof
fefs two Prebends in one and the fame Collegiate
Church. Roll. Abr. 361. Prebendaries are faid to
have an Eltate in Fee-fimple in Right of their
Churches, as well as Bishops of their Bifhopricks,
Deans of their Deaneries, &c.
Preaching. Every beneficed Preacher, refiding
on his Benefice, and having no lawful Impediment,
fhall in his own Cure, or fome neighbouring
Church, preach one Sermon every Sunday of the
Year: And if any beneficed Perfon be not allowed
to be a Preacher, he fhall procure Sermons to be
preached in his Cure by cenfed Preachers; and
every Sunday whercon there fhall not be a Sermon,
he or his Curate is to read fome one of the Homi
lics: Alfo no Perfon not examined and approved by
the Bishop, or not licensed to preach, thall expound
the Scripture, c. nor fhall any be permitted to
preach in any Church, but fuch as appear to be au-
thorized thereto, by thewing their Licence; and Prebendary, (Præbendarius) Is he that hath fuch
Church wardens are to note in a Book the Names a Prebends to called, not as is faid by fome Wri-
of all Itrange Clergymen that preach in their Páters, a Præbendo auxilium confilium Epifcopo, &c.
rith; to which Book every Preacher is to fubfcribe bur from Receiving the Prebend? And if a Manor
his Name, the Day when he preached, and the be the Body of a Prebend, and is evicted by Title
Name of the Bifhop of whom he had Licence to paramount; yet the Prebendary is not deftroyed.
preach. Can. 44, 45, 49. If any Perfon licensed to 3 Co. Rep. 75. There is a Golden Prebendary of He-
preach, refufes to conform to the Laws Ecclefiafti reford, otherwife termed Prabendarius Epifcopi, who is
cal, after Admonition, the Licence of every fuch one of the twenty-eight minor Prebendaries there,
Preacher fhall be void. And if any Parfon fhall and has ex Officio the firſt Canon's Place that falls
preach Doctrine contrary to the Word of God, or the he was antiently Confeffarius of the Cathedral
Articles of Religion, Notice is to be given of it to Church, and to the Bishop, and had the Offerings
the Bishop by the Church wardens, &c. So likewife at the Altar, whereby, in reſpect of the Gold com-
of Matters of Contention and impugning the Doctrine monly given there, he had the Name of Golden Pre-
of other Preachers in the fame Church; in which bendary. Blount.
Cafe, the Preacher is not to be fuffered to preach ex
cept he faithfully promife to forbear all fuch Matter
of Contention in the Church, until the Bishop hath
taken farther Order therein. Can. 53, 54. No Mi-
nifter fhall preach or adminifter the Sacrament in
any private Houſe, unleſs in Times of Neceffity, as Precedents, Are Examples or Authorities to
in Cafe of Sicknefs, &c. upon Pain of Sufpenfion follow, in Judgments and Determinations in the
for the firft Offence, and Excommunication for Courts of Juftice. Precedents have always been
the Second; which laft Puniſhment is alfo inflict- greatly regarded by the Judges and Sages of the
ed on fuch Minifters as meet in private Houſes, Law: The Precedents of the Courts are faid to be
to confult upon any Matter tending to the Im-the Laws of the Courts; and the Court will not re-
peaching the Doctrine of the Church of England.
Can. 71, &c.
:
Precariæ, Days Work that the Tenants of fome
Manors are bound to give the Lord in Harveſt;
which in fome Places are called Bind-Days. -
Precedence of the Nobility. Vide Stat. 31 H. 8.
c. 1o.
verfe a Judgment, contrary to many Precedents. 4
Rep: 93. Cro. Eliz. 65. 2 Lill. Abr. 344. But new
Prebend, (Præbenda) Is the Portion which every Precedents are not confideráble; Precedents without
Prebendary of a Cathedral Church receives, in Right judicial Decifion upon Argument, are of no Mo-
of his Place for his Maintenance; as Canonica Por- ment; and an extrajudicial Opinion given in or
tio is properly uſed for that Share, which every Ca- out of Court, is no good Precedent. Vaugh. 169, 382,
It has been held, that there can be no
non receiveth yearly out of the Common Stock of 399, 429.
the Church. And Prabenda is a feveral Benefice Precedent in Matters of Equity, as Equity is uni-
rifing from fome Temporal Land, or fome Church, verfal Truth; but according to the Lord Keeper
appropriated towards the Maintenance of a Clerk, Bridgman, Precedents are neceffary in Equity to
or Member of a Collegiate Church, and is com- find out the Reaſons thereof for a Guide; and be-
monly named of the Place whence the Profit arifes. fides the Authority of thofe that made them, it is
Præbenda, ftrictly taken, is that Maintenance which to be fuppos'd they did it upon great Confideration,
daily præbetur to another; but now it fignifies the
Rents and Profits belonging to the Church, divided
into thoſe Portions called Prebenda, and is a Right
of Receiving the Profits for the Duty perform'd in
the Church, fufficient for the Support of the Parfon
in that Divine Office where he refides. Decret. Tit.
De Prabend. The Spirituality and Temporality make
a Prebend, but the Spirituality is the higheft, and
and it would be ftrange to fet afide what has been
the Courfe for a long Series of Time; thereforé
Precedents were order'd. 1 Mod. 307. And fays Halé
Ch. Baron, If a Man doubt whether a Cafe be equi-
table, or no, in Prudence he will determine as the
Precedents have been; efpecially if made by Men of
good Authority and Learning. Ibid. Precedents must
be fhewed by Plaintiffs in Actions, for the Court to
4
go
PR
PR
*
go against what is generally held. 1 Keb. 47. And
where Precedents are alledged contrary to the Opi-
nion of the Court, Day may be given to produce
and fhew them. Mod. Caf. 199. Precedents in fome
Cafes may make an A&t good, which other wife would
be void in Stri&tnefs of Law: And tho' the Forms
of Writs ought not to be altered, yet Precedents and
conftant Ufage must be obferved. Fenk. Cent. 162,
172. If there be a fpecial Caufe to alter an an-
tient Precedent of a Writ, by Reafon of any new Sta-
tate, &c. the Curfitors are not to keep to the old
Form, but to alter it as the Cafe requires; to pre-
vent Abatement of Writs, and Vexation to the Peo-bated and decided in this Court; the Judge where-
ple. Trin. 1650. See Innovation.
ዓ
any Part of his Province, tho' not appeal'd, &c.
which is now limited by 23 H.8. c. 9. Vide Archbishop.
Prerogative Court, (Curia Prerogativa Archiepif-
copi Cant.) The Court wherein all Wills are proved
and Adminiftrations granted, that belong to the
Archbishop by his Prerogative; that is, in Cafes
where the Deceafed had Goods of any confidera-
ble Value out of the Diocefe, wherein he died
within the Archbishop's Province, and that Valuc
is ufually 5 1. and above. And if any Contention
arife between two or more, touching any fuch Will
or Adminiftration, the Caufe is properly to be de-
of is termed Judex Curiæ Prærogativa Cantuarienfis,
the Judge of the Prerogative Court of Canterbury. Not
only all Caufes of Inftance for proving or revoking
fuch Wills as aforefaid, and for granting or revoking
fuch Adminiſtrations; but alfo Caufes concerning
Accounts upon the fame, and Legacies bequeathed
in fuch Wills are to be tried in the Prerogative Court:
Though of late fuch Legacies are fuffered by this
Court to be fued for in the inferior Ecclefiaftical
Mar-Court, under whofe Jurifdiction the Executor dwells.
1 Ventr. 233. Wood's Inft. 502. Appeal lies from
zedial Tithes, (Decima Pradiales) Are thofe this Court to the King in Chancery; who appoints
which are paid of Things arifing and growing from Delegates, &c. 25 Hen. 8. a. 19. Tho if the Delegates
the Ground only; as Corn, Hay, Herbs, c. 2 Ed. revoke a Will, . they cannot grant Letters of
&c.
-6. c. 13.
Adminiſtration; for their Power is to hear and de-
Pre-emption, (Pre-emptio) Signifies the firft Buy-termine the Appeal. 2 Bulft. 2. Roll. Abr. 233. The
ing of a Thing; and it was a Privilege allow'd the Archbishop hath Probate of every Bifhop's Tefta-
King's Purveyor, to have the Choice and firft Buy-ment, though he hath not Bona Notabilia out of
ing of Corn, and other Proviſions for the King's the Diocefe: So where a Perfon dies beyond Sea.
4 Inft. 335. Vide Bona Notabilia.
Prece partium, Is where a Suit is continued by
the Prayer, or Affent of both Parties. 13 E. 1. c. 27.
Precept, (Præceptum) Is generally taken for a
Commandment in Writing fent out by a Juftice of
Peace, &c. for the Bringing of a Perfon or Re-
cords before him; of which divers are mentioned
in the Table of the Regifter judicial.
Precontraft, Is a Contract made before another
Contract; chiefly applicable to Contracts of
riage. 2 & 3 Ed. 6. c. 23.
Houfe. 12 Car. 2. c. 24.
Prelate (Prælatus) We commonly understand to
be an Archbishop or Biſhop. It is a Bishop, or
one who hath a Dignity in the Church: And the
learned Spelman faith Prælati Ecclefia vocantur nedum
fuperiores, ut Epifcopi, fed etiam inferiores, ut Archidia-
coni, Presbyteri, &c. Spelm.
Premifles, Is that Part in the Beginning of a
Decd whofe Office is to exprefs the Grantor and
Grantee, and the Land or Thing granted. 5 Rep.
55. See Deed.
Prender, (Fr. Prendre, i. e. Accipere) Is the
Power or Right of Taking a Thing before it is
offered; as it lies in Render, but not in Prender, &c.
1 Rép.
Pzender de Baron, Signifieth literally to take
an Husband; and it is ufed for an Exception to
diſable a Woman from purſuing an Appeal of Mur-
der, againſt one who killed her former Husband.
S. P. C. lib. 3. c. 59.
zerogative Court of Pork, The Archbishop of
York hath the like Court, but inferior to that of Ĉan-
terbury in Power and Profit; which is called his Ex-
chequer.
Desbyter, A Pricft; and Elder, or honourable
Perfon. Ifidore, lib. 7.
Presbyterium, A Presbytery; or that Part of the
Church where Divine Offices are performed, ap-
plied to the Choir or Chancel, becauſe it was the
Place appropriated to the Bishop, Priefts and other
Clergy, while the Laity were confined to the Body
of the Church. Mon. Ang. Tom. 1. pag. 243.
Presbyterian, A Sc&tarift or Diffenter from the
Church. 13 Car. 2.
Dzefcription, (Prefiriptio) Is a Title acquired by
Ufe and Time, and allowed by the Law; as when
a Man claims any Thing because he, his Ancestors,
or they whofe Eftate he hath, have had or uſed it
all the Time, whereof no Memory is to the con-
Prepented, (Prapenfus) Forethought; as prepenfedtrary: Or it is where for Continuance of Time,
Malice is Malitia Precogitata, which makes Killing
Murder: And when a Man is flain upon a fudden
Quarrel, if there were Malice prepenfed formerly
between the Parties, it is Murder, or as it is cal-
led by the Statute prepenfed Murder., 12 H. 7. c. 7.
3 Inft. 51. See Murder.
ultra Memoriam Hominis, a particular Perſon hath a
particular Right against another. Kitch. 104. 1 Inft.
114. 4 Rep. 32. Prefcriptions are properly Perfonal,
and therefore are always alledged in the Perfon of
him who preferibes, vz. That he, his Anceſtors,
or all thofe whofe Eftate he hath, &c. or of a Body
Prerogative, (Prerogativa Regis, from Pre ante, Politick or Corporation, they and their Predecef
& Rogare, to ask or Demand) Is that Power, Pre- fors, c. Alfo a Parfon may prefcribe, quod ipfe &
eminence, or Privilege which the King hath and prædeceffores fui, and all they whofe Eftate, &. for
claimeth over and beyond other Perfons, and a there is a perpetual Eſtate, and a perpetual Suc-
bove the ordinary Courſe of the Common Law, in ceffion, and the Succeffor hath the very fame E-
Right of his Crown: Set forth in the Statute cal-ftate which his Predeceffor had, as that continues,
led Prerogativa Regis. 17 Ed. 2. c. 1. and other Sta-
and other Sta-though the Perfon alters, like the Cafe of the An-
tutes. Sce King.
ceffor and the Heir. 3 Salk. 279. There is a Dif-
Pzerogative of the Bishop of Canterbury 02 ference between Prefeription, Cuftom and Ufage:
Port, (Prerogativa Archiepifcopi Cantuarienfis five Ebo- Prefcription hath Refpect to a certain Perfon, who
racenfis) Is an cfpecial Pre-eminence that thefe by Intendment may have Continuance for ever; as
Sees have in certain Cafes above the other Bi. for Inftance; he and all they whofe Eftate he hath
ſhops within their Province. De Antiq. Britan. Eccl. in fuch a Thing, this is a Preſcription: But Cuſtom
cap. S. pag. 25. This Prerogative of the Archbishop is local, and always applied to a certain Place, as
of Canterbury, confifts in vifiting the whole Pro-Time out of Mind there has been fuch a Cuſtom in
vince; the affembling of Synods, and fupplyingfuch a Place, &c. And Prefeription belongeth to
Defects of inferior Bishops, &c. And he hath an one or a few only; but Cuftom is common to all:
extraordinary Power, of Calling Perfons, in any Now Ufage differs from both, for that may be
Caufe belonging to Spiritual Jurifdiction, out of either to Perfons or Places; as to Inhabitants of a
Town,
PR
PR
כו
1
r
-
•
1
-
:
Town, to have a Way, &c. 2 Nelf. Abr. 1277. A Species of Liberties, which one may have in the
Custom and Prefeription are in the Right; Ufage is Soil of another, without claiming any Intereft in the
in Foffeffion: And a Prefeription that is good for the Land itself; but where the Thing was fet forth in
Matter and Subftance of the Thing, yet may be a Prescription to catch Fish in the Water of another
bad by the Manner of laying and ferting it forth; Man, &c. and no Inftance could be given of a Pre-
but where that which is claimed as a Cuftom, in or fcription for fuch a Liberty by the Word Eafement,
for many, will be good, that regularly will be fofa Rule was made to fet the Prefeription right, and
when claimed by Prefcription for one. Godb. 54. Preto try the Merits. 4 Mod. 362. In Trespass for
Scrittion is to be Time out of Mind; though it is breaking the Plaintiff's Clofe, the Defendant
·pre-
not the Length of Time, that begers the Right of fcribed, that the Inhabitants of fuch a Place, Time
Pref.ription, nothing being done by Time, although our of Mind, had used to dance there, at all Times
every Thing is done in Time, but it is a Prefump- of the Year, for their Recreation, and fo juftified;
tion in Law, that; a Poffeffion cannot continue fo and Iffue being taken upon this Prefcription, the De-
long quiet and not interrupted, if it was against fendant had a Verdict; it was objected against it,
Right, or injurious to another. 3 Salk. 278. A Pre- that a Prefcription to dance in the Freehold of ano-
feription cannot be annexed to any Thing but an Ether, and fpoil his Grafs was ill, especially as laid
ftate in Fee, which must be fet forth; but it is al-in the Defendant's Plea, viz. At all Times of the
ways applied to incorporeal Inheritances: One Year, and not at feaſonable Times, and for all the
cannot make Title to Land by Prefcription; but only Inhabitants; who though they may prefcribe in Eafe-
to Rent, or Profit out of Land. 2 Mod. 318. 4 Rep. nients which are neceflary, as a Way to a Church,
31. A Perlon may make Tile by Prefcription, to they cannot in Eaſements for Pleaſure only:
an Office, a Fair, Market, Toll, Way, Water, But adjudged, that the Prefcription is good, Iffue be-
Rent, Common, Park, Warren, Franchife, Courting taken upon it, and found for the Defendant;
Leet, Waifs, Eltrays, c. But nothing may be although it might have been ill on a Demurrer.
prefcribed, which cannot be raiſed by Grant at this Lev. 175. 2 Nelf. 1280. A Cuftom that the Far-
Day, and a Prefcription must not be laid in an Un-mers of fuch a Farm have always found Ale, &c. to
certainty; no Perfon can prefcribe againft an A&t of fuch a Value at Perambulations, was held naught;
Parliament, or against the King where he hath a because it is no more than a Prefeription in Occupi-
certain Eftate and Intereft, against the Publickers, which is not good in Matter to charge the
Good, Religion, &c. Nor can one Prefeription be Land. 2 Lev. 164. Prescription by the Inhabitants
pleaded against another, unless the Firft is anfwer- of a Parifh to dig Gravel in fuch a Pit, which was
ed or traversed; or where one may ftand with the the Soil of W. R. it was doubted whether this was
other. Lutw. 381. Raym. 232. 2 Roll. Ab. 264. 2 good, or not, though it was to repair the Highway;
Inft. 167.7 Rep. 28, Cro. Car. 432. 1 Bulſtr. 115. but the Inhabitants may preferibe for a Way, and by
2 Lill. 346. Tenants in Fee-fimple are to prefcribe Confequence for neceflary Materials to repair it.
in their own Name, and Tenants for Life, or 2 Lutw. 1:346. A Defendant pleaded, that within
Years, c. though they may not preferibe in their fuch a Parish, all Occupiers of a certain Clofe ba
own Names, yet they may in the Name of him bent, babere confueverunt, a Way leading over the
who hath Fee: And where a Perfon would have Plaintiff's Clofe, to the Defendant's Houfe; this
a Thing that lies in Grant by Prefcription, he muft was held to be ill, for it is not like a Prescription to a
prefer be in himself and his Ancettors, whofe Heir he Way to the Church or Market, which are neceffa
is by Defcent; not in himself, and thofe whofe E-ry,& pro bono publico. 2 Ventr. 186. Where a Man
ftate, &c. (unless the Que Eftate is but a Convey-prefcribes for a Way to fuch a Clofe, he must fhew
ance to the Thing claimed by Prefcription) for he what Intereft he hath in the Clofe: Aliter if he pre-
cannot have their Eftate that lies in Grant without fcribes for a Way to fuch a Field; becauſe that may
Deed, which ought to be fhewed to the Court. be a common Field by Intendment. Latch 160.
1 Inft. 113. Wood's Inft. 297. A Copyholder, by The Plaintiff declared, that the Occupiers of the
Reason of the Bafenels of his Tenure, cannot lay adjoining Field have, Time out of Mind, repaired
a Prefcription in himſelf and his Anceſtors; but he the Fences, which being out of Repair, his the
may prescribe in the Name of the Lord of the Ma- Plaintiff's Beafts eſcaped out of his own Ground,
nor, that the Lord and his Anceſtors have had and fell into a Pit; it is good, without fhewing any
Common, &c. for themſelves and Tenants, &c. Eftate in the Occupiers, but it had not been fo if
And this ferves where Perfons cannot prescribe in the Defendant had prescribed. 1 Ventr. 264.
their own Name, or of any certain Perfon; Pari- fcription, &c. to take Underwood growing on the
fhioners cannot generally preferibe, but they mayLands of another, to make Hedges, is not good.
alledge a Cuſtom; and Inhabitants may prescribe in I Leon. 313. A Man may claim a Fold courfe, and
a Matter of Eaſement, Way to a Church, Burying exclude the Owner of the Soil by Prefcription.
Place, &c. 2 Saund. 325. 1 Lev. 253. Cro. Eliz. 1 Saund. 153. But a Diversity has been taken
441. Cro. Car. 419. 2 Roll. 290. To lay a Prefcrip- where a Prefeription takes away the whole Intereſt
tion for Common, a Man muft fhew, that he and of the Owner of the Land; and where a particu-
his Anceſtors, or all thofe whofe Eftate he hath, lar Profit is reftrained: In one Cafe it is good, and
have Time out of Mind of Man had and uſed to in the other it is void. I Leon. 11. If a Perfon
have Common of Pafture in fuch a Place, being preferibes for Common Appurtenant, it is ill, unleſs
the Land of another, &c. And as a Prefcription is a it be for Cattle Levant & Couchant, &c. And the
Title or Claim of a real Intereft or Profit in the Reafon is, becauſe by fuch a Prefcription the Party
Land of another Perfon, it muſt be pleaded accord-claims only fome Part of the Pafture, and the Quan-
ing to certain Rules; and they are not like Cuftoms tum is afcertained by the Levancy and Couchancy,
or improper Prefcriptions, that are by Way of Dif the Reft being left for the Owner of the Soil; and
charge, or for Eaſements, or for Matters of per- therefore if he who thus prefcribes, fhould put in
fonal Exemption or Privilege. Wood's Inft. 298, more Cattle than are Levant and Couchant on his
299. A Prescription may be laid in feveral Perfons, Tenement, he is a Trefpaffer. Noy 145. 2 Saund.
where it tends only to Matters of Eafement or Dif- 324. In a Prefcription to have Common, the Jury
charge; though not where it goes to Matter of In-found it to be Paying every Year a Penny Here
tereſt or Profit in alieno folo, for that is a Title, and the Preſcription is intire, whereof the Payment of
the Title of one doth not concern the other; there one Penny is Parcel; which ought to be intirely
fore ſeveral Men having ſeveral Eftates, cannot alledged in the Preſcription in the Plea, or it will not
join in making a Prescription. I Mod. 74. 3 Mod.be good. Cro. Eliz. 563, 564. But where the Pay-
250. The Word Eafement is a Genus to feveral ment is collateral from the Prefcription, a Prefcription
Pre-
I
may
PR
P.R
*
may be good without alledging it. Cro. Eliz. 405. be in the Bishop of common Right, till fince it
Upon the Pleadings in a Caufe, it was a Question, has been indulged to the Laity, to encourage them
Whether a Toll, independent of Markets and Fairs, to build and endow Churches; and now if the Pa
might be claimed by Prescription, without fhewing tron neglects to prefent to the Church, then this
that the Subject hath fome Benefit; and fome Argu Right returns to the Biſhop by Lapfe, &c. I Nelf.
ments were brought for it, from an Authority in Abr. An Alien born cannot prefent to a Benefice in
Dyer 352. Though by Holt Ch. Juft, this Prefeription his own Right; for if he purchaſe an Advowson,
cannot be good, becauſe there was no Recompence and the Church becomes void, the King fhall pre-
for it; and every Prefcription to charge the Subject Sent after Office found that the Patron is an Alien.
with a Duty, muſt import fome Benefit to him who 2 Nelf. 1290. And by Statute no Alien ſhall pur-
pays it; or elſe fome Reafon muſt be fhewed why chafe a Benefice in this Realm; nor occupy the
the Duty is claimed. 4 Mod. 319. A Court-Leer is fame, without the King's Licence, on Pain of a
derived out of the Hundred; and if a Man claims Pramunire. 7 R. 2. cap. 12. Papifts are diſabled to
a Title to the Leet, he may prefcribe that he and his prefent to Benefices, and the Universities are to pre-
Anceſtors, and all thofe whofe Eftate he hath in fent, &c. But a Popish Reculant may grant away
the Hundred, Time out of Mind had a Lect. his Patronage to another, who may make Prefenta-
1 Inft. 125. There may be a Prefcription for à Court tion, where there is no Fraud. Stat. 3 Fac. 1. 1 W.
fo hold Pleas of all Actions, and for any Sum or & M. 1 Fon. 19. All Perfons that have Ability
Damage, and it will be good. Fenk. Cent. 327. If to purchafe or grant, have likewife Ability to pre-
a Court held by Prescription is granted and confirm-fent to vacant Benefices: But a Dean and Chapter
ed by the King's Letters Patent; this doth not de- cannot prefent the Dean; nor may a Clergyman
ftroy the Prescription, but it is faid the Court may who is Patron prefent himself, though he may pray
be held by Prefcription as before. 2 Roll. Abr. 271. to be admitted by the Ordinary, and the Admif
And a Grant may enure as a Confirmation of a fion fhall be good. An Infant may prefent of what-
Prefcription; and the Prefcription continue unaltered foever Age, becaufe Guardians have not Power to
by a new Charter, &c. where the Charter is not do it in Right of the Heir; a Guardian in Socage.
contrary to the Prefcription. Moor 818, 830. But in cannot prefent to a Church, by the Law he being
fome Cafes it is intended, that a Prescription fhall not to meddle with any Thing but for what he may
begin by Grant; and as to Prefcriptions in general, Account, which he cannot do for a Préfentation, by
the Law fuppofes a Defcent, or Purchaſe original- Reafon he is to take Nothing for it: If a Feme Co-
ly. Cro. Eliz. 709. 1 Inft. 113. Every Prefcription is vert hath Title to prefent, the Prefentation ought to be
taken ftri&ly: And a Man ought not to prefcribe in the Name of both Husband and Wife, and not be
to that which the Law of common Right gives. by her alone; or he may prefent in his own Name
3 Leon. 13. Noy 20. A Preſcription muft have a law- during the Coverture: Coparceners are but as one
ful Commencement, and peaceable Poffeffion and Patron, and ought to agree in the Prefentation of
Time are infeparably incident to it. 1 Inft. 113 one Perfon; if they cannot agree, the Eldeſt ſhall
Though a Title gained by Cuftom or Prefeription, prefent firft alone, and the Bishop is obliged to ad-
will not be loft by Interruption of the Poffeffion mit her Clerk, and afterwards the others in their
for ten or twenty Years; but it may be loft by In-Order fhall prefer their Clerks; Fointenants and
terruption in the Right. I Inft. 114. 2 Inft. 653. Tenants in Common muft regularly join in Prefenta-
Prefcription at Common Law, is Time out of Me- tion, and if either prefent alone, the Bishop may re-
mory of Man; and by Statute, where a certain fufe his Clerk, as he may alfo the Clerk prefented
Time is limited, as from the Reign of Rich. 1, c. by the major Part of them; but if there are two
Co. Litt. 115. Preſcriptions for repairing Highways, Jointenants of the next Avoidance, one of them
fee. Highways.
may present the other, and two Jointenants may pre-
Prefcriptions againt &tions and Statutes. fent a Third, but not a Stranger: The next Prefen
The 7 Hen. 8. ordains, That four Years being paft tation was granted to four Perfons, & eorum cuilibet
after the Offences committed, provided against by conjunctim & divifim, &c. And the Church becom-
this Statute, no Suit can be commenced. By 31 ing void, one of the Grantees alone prefented one of
Eliz. cap. 5. all Actions, c. brought upon Statutes, the others; and it was adjudged, that this Prefenta-
the Penalty whereof belongs to the King, fhall be tion by one was good: When an aggregate Corpora-
brought within two Years after the Offence done, tion prefents, it must be under their common Seal,
or fhall be void. And the Stat 23 Eliz. cap. 1. en- and by the true Name of their Corporation: The
acts, that Offences compriſed in that Statute, &c. King may preſent by Letters Patent under the Great
are inquirable and determinable before Juftices of Seal, and by thefe Words, viz. Damus & concedimus;
Peace and Affife, within a Year and a Day after for this amounts to a Warrant for the Bishop to
the Offence, &c. fo that whofbever offendeth a-admit the Clerk; it is faid the King may prefent by
gainſt any of thefe Statutes and efcapes unqueftion- Word, or in Writing under any Seal, who cannot
ed for four Years, Two, or one Year, may be faid do any other legal A&t but by Matter of Record;
to preſcribe against the Actions and Punishments or- and in the Opinion of fome, the King may prefent
dained by thofe Statutes: And there are other Stato a Church by his Letter fent to the Ordinary to
tutes which have the like Appointments or Limi-
tations of Time, whence may arife the like Pre-
Scription and Bar. 4 Rep. 84. 2 Inft. 652. Vide Action.
Preſcription by the Ecclefiaftical Law, as to Tithes,
&c. See Modus Decimandi.
inftitute and induct fuch a One his Clerk to the
Living; but the moft fecure Way is to have a Pre-
Sentation under the Great Seal: If a Rector is made
Bifhop, the King fhall preſent to the Rectory, un-
lefs he grant to the Bishop before he is confecrated,
a Difpenfation to hold it with his Bishoprick; and
if an Incumbent of a Church is made a Bishop,
and the King prefents or grants that he fhall hold
the Church in Commendam, which is quaft a Preſen-
tation, a Grantee of the next Avoidance or Prefen-
tation háth loft it, the King having the next Prefen-
tation: If the King do prefent to a Church by Lapfe,
Pielentation, (Prefentatio) Is properly the A&t of where he ought to prefent Pleno jure, and as Patron
a Patron, offering his Clerk to the Bishop of the of the Church, fuch a Prefentation is not good; for
Diocefe, to be inftituted in a Church or Benefice the King is deceived in his Grant, by miftaking his
of his Gift, which is void. 2 Lill. Abr. 351. An- Title, which may be prejudicial to him, the Pre-
ciently the Prefentation to all Churches was faid to fenting by Lapfe intitling only that Preſentation: The
zefence, Sometimes the Prefence of a Superior
Magiftrate, takes away the Power of an Inferior.
9 Rep. 118. And the Prefence of one may ferve for
all the rest of the Feoffees or Grantees, &c. 3 Rep:
26. When Preſence of a Man, in the Place where
an Offence is done, may make him guilty, vide Ac-
ceffary.
Lord
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Lord Chancellor prefents to the King's Benefices up comes void by Deprivation by the Canon Law, or
der 20k & 2 Roll. Abr. 354. 3 Inft. 156. 1 Inft. Refignation, the Patron muſt have Notice from
186. 2 Nelf. Abr. 1288, 1290. 2 Lill. 351. The the Ordinary, to prefent another Perfon: But if the
King may repeal a Prefentation, before his Clerk is Church becomes void by the Act of God, as Death
inducted; and this he may do by granting the Pre- of the Incumbent; or by Creation, or Ceffion, c.
fentation to another, which without any farther Sig-the Patron is bound to take Notice himfelf of the
nification of his Mind is a Revocation of the firft Avoidance, and to prefent, &c. Wood's Inft. 154. If
Prefentation. Dyer 293, 360. A Patron may revoke a Defendant, or any Stranger, prefents a Clerk
his Prefentation before Inftitution, but not afterwards;pending a Quare Impedit, and afterwards the Plain-
a Prefentation being no more than a Power given to tiff obtains a Verdict and Judgment, he cannot by
the Ordinary to adinit the Clerk, and if the Patron Virtue of that Judgment remove him who was
die before Induction, his Prefentation is determined, thus prefented; but he is to bring a Scire facias a
But this was in the Cafe of the King; for in the gainft him to fhew Caufe Quare Executionem non ha-
Cafe of a common Perfon, if he die after Inftitu- bet; and then if it be found that he had no Title,
tion, and before Induction, the Prefentation is not he fhall be amoved: Now the Way to prevent fuch
determined by his Death, Latch 191. Dyer 348. a Prefentation, is to take out a Ne admittas to the
If two Patrons prefent their Clerks to a Church, the Bishop; and then the Writ Quare Incumbravit lies,
Bishop is to determine who fhall be admitted by a by Virtue whereof the Incumbent fhall be amoved,
Fus Patronatus, &c. And two Patrons pretending a and put to his Quare Impedit, lét his Title be what
Title to prefent, one of them prefented W. R. but the it will; but if a Ne admittas be not taken out, aud
Bishop refufed Inftitution; whereupon he fued in another Incumbent fhould come in by good Title
the Court of Audience of the Archbishop, and had pendente lite, he fhall hold it. Sid. 93. 2 Cro. 93. A
an Inhibition to that Bishop, and upon that Suit he Man muft fet forth a Prefentation in hitnfelf, or thofe
obtained and Institution by the Archbishop, on which under whom he claims, in a Quare Impedit; and it
he was inducted; afterwards the Bifhop who was in-ought to be alledged in him that hath the Inheri
hibited, granted Inftitution upon the Prefentation of tance: And when fix Months pafs hanging the Writ,
the other Patron, and his Clerk was likewife in-c. by the Disturbance of any one, fo that the
ducted; and thereupon W. R. who had been in- Bifhop hath a Right to prefent by Lapfe, Damages
ftituted and inducted before, on a Motion procured fhall be recovered by two Years Value; of the
a Prohibition, becaufe by the first Induction the In-Church, if the Perfon lofe his Prefentation; and if
cumbency was determined: So that quoad the In- he recovers his Prefentation within the fix Months,
cumbence, the Prohibition was granted; but not as Damages to Half a Year's Value, c. 2 Inft. 362.
to the Contempt of the Ordinary after he had been Vaugh. 7, 57. Cro. Eliz. 518. 13 Ed. 1. c. 5. Where
inhibited. Moor 499. The Father was incumbent, a Perfon gets the Fee to his Prefentation, which is
and after his Death the Patron prefented his Son, his Title, he muft in his Declaration alledge the
who was refufed by the Bishop, becaufe by the Ca- Prefentation to be Tempore pacis, or it may be intend-
non Law Filius non poteft fuccedere patri in eadem Ec-ed to be Tempore belli, and then it is no Title; but
clefia, and the Patron prefented another Perfon; then where the bare Prefentation is not his Title, but on-
the Son who was first prefented, obtained a Difpen-ly in Purfuance of a former Right, in fuch Cafe
fation non obftante the Canon; but the Ordinary ad- he may alledge it generally: As for Inftance; where
mitted the fecond Prefentee, who was alfo inftituted he declares that A. B. was feifed of the Manor of
and inducted; thereupon the Son fued him and the D. as of Fee, to which an Advowfon was appen-
Bifhop in the Spiritual Court, but a Prohibition was dant, and that being fo feifed he prefented W. R.
granted. Latch 191. A Clerk may be refufed by and afterwards granted the next Avoidance to the
the Bishop, if the Patron is excommunicate; or if Plaintiff; this is good, for here the Plaintiff fhews
the Clerk is not Perfona Idonea, which includes Abi-a precedent Right, and doth not make the Prefen-
lity of Learning, and Honefty in Converfation, &c.tation itfelf his Title. 1 Mod. 130. 2 Mod. 183.
But in a Quare Impedit brought against the Biſhop 3 Salk 280. If a Church beconies void in the Life-
for Refufal of a Clerk, he muft fhew the Caufe of
his Refuſal ſpecially and directly; and becaufe the
Clerk is of ill Life, or a Schifmatick in general, is
not fufficient, without fhewing what Crimes, or Sort
of Schifm he has been guilty of: And the Tempo-
ral Court then will judge whether the Caufe be just
or not; and if the Party denies the fame, the
Court may write to the Metropolitan to examine
the Matter, and certify; and though the Matter
be of a Spiritual Nature, it fhall be tried by a Ju-
ry: For whether the Caufe be Temporal or Spiri-
tual, the Examination of the Bishop concludes not
the Clerk; he is Judge of the Ability, but not the
ultimate Judge: But in Cafe of Refufal for Infuffi-
ciency in Learning, it hath been adjudged, that
the Ordinary is not accountable to any Temporal
Judge; and that in Literatura minus fufficiens, &c. is
a good Plea, without fetting forth the Kind of
Learning, or Degrees of it. 5 Rep. 58. 2 Inft. 631.
3. Lev. 311. Show. 88. Wood's Inft. 32, 33. That
the Prefentee has a Benefice already, is no good
Caufe of Refufal, &c. Roll. Abr. 355. If the Bi-
fhop refufes to admit the Clerk prefented, he muft
give Notice of his Refufal, with the Caufe of it
forthwith; and on fuch Notice the Patron must pre-
Jent another Clerk, within fix Months from the A-
voidance, if he thinks the Objection against his firft
Clerk contains fufficient Caufes of Refufal; but if
nor, he may bring his Quare Impedit against the Bi-
fhop. 2 Roll. Abr. 364. And where a Church be-
•
time of a Bifhop, he cannot devife the next Prefen-
tation; but if the Bishop, or any Incumbent of a
Church, hath the Advowfon in Fce, and then either
of them devifeth, that upon the next Avoidance his
Executor fhall prefent; this is good, though they
devife the Inheritance to another. Dyer 285. When
a Bishop hath a Prefentation in Right of his Bishop-
rick, and dies, his Executor, nor Heir, fhall not have
the void Turn; but the King, in whofe Hands are
the Temporalties, and he hath a Right to prefent
upon an Avoidance after the Seizure, on the Death
of the Bifhop: Though where an Incumbent was
feifed of the Advowfon in Fee, and died, upon a
Queftion who should prefent, either his Heir or Ex-
ecutor, the Advowfon not defcending to the Heir
till after the Death of his Anceftor, and immedi-
ately upon his Death the Church was void, and
therefore that Avoidance was vefted in the Execu-
tor; it was adjudged, that the Heir fhall prefent, be-
caufe the Defcent to him, and the Avoidance to
the Executor, happened at one and the fame In-
ftant, and where two Titles concur in an Inftant,
the Elder Title fhall be preferred. 3 Lev. 47. A
Grant was made of the next Prefentation to a Church,
the Grantee died, and then the Church became
void; and it was held, that the Executor of the
Grantee fhall have the Prefentation as a Chattel.
Glanvil, lib. 6. c. 7. 2 Nelf. Abr. 1286. But in Quare
Impedit, the Defendant pleaded, that the Patron
granted the next Prefentation to B. B. who died, and
made
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Plowd. 5oo. A Prefentation to a Church by a Perfon
who had not Right, at Common Law, did put the
rightful Patron out of Poffeffion, and oblige him to
bring the Writ of Right of Advowfon, &c. And
Prefentment by Ufurpation, and Admiffion upon it,
doth gain the Fee to the Preſentor till he be evicted
by Action. 6 Rep. 30.
may not make a Deputy to prefent for him And
1 And. 300. Ĺelv. 91. One
yet a Prefentation by a Proctor, is faid to be good,
as if done by the Party himself. F. N. B. 35. If a
Man do prefent to any Church in Time of War, the
Law hath fuch Regard to the original Act, viz.
the Prefentation, that all which follows thereon fhall
be void, 6 Ed. 3. 41. 2 Co. Rep. 93. Where a com-
mon Perfon is Patron, he may prefent to a Church
by Parol; as well as by writing to the Bishop. Co.
Litt. 120. A Preſentation doth not carry with it the
Formality of a Deed; but is in the Nature of a
Letter Miffive, by which the Clerk is offered to
the Bifhop; and it paffeth no Intereft, as a Grant
doth, being no more than a Recommendation of a
Clerk to the Ordinary to be admitted. Young Clergym.
Lawyer 17, 18. But where a Plaintiff declared up-
on a Grant of the next Preſentation, and on Oyer of
the Deed it appeared to be only a Letter written by
the Patron to the Father of the Plaintiff, that he
had given his Son the next Prefentation; adjudged,
that it would not pafs by fuch Letter, without a
formal Deed. Owen 47.
made his Executor, who prefented the Defendant;
Iffue was taken upon Non conceffit, and the Jury
found, that the Patron granted the Prefentation to
B. B. during his Life, and that he died before the
Church became void; adjudged that this was not
an abfolute Grant of the next Preſentation, but re-
ſtrained during the Life of the Grantee; wherefore
it fhall not go to the Executor, unless the Church
become void in the Life-time of the Teftator. Cro.
Car. 363. A Tenant in Tail of an Advowson, and
his Son and Heir joined in a Grant of the next Pre-
fentation, the Tenant in Tail died; this Grant was
held void as to the Son and Heir, becauſe he had
nothing in the Advowfon at the Time that he joined
with his Father in the Grant. Hob. 45. By Laft
Will and Teftament, the Right of Prefenting to the
next Avoidance, may be devifed to any Perfon;
and by Deed the next Avoidance of a Church may
be granted, where the Church is then full; alfo
whilst a Church is void, the next Avoidance that
ſhall happen, or the Inheritance of the Advowfon
may be granted away, and by Deed or Grant, the
Right of Prefenting will país: But the void Turn
itſelf is not grantable by any common Perfon, tho'
it may be granted by the King, and be good; for
that it is a meer Spiritual Thing annexed to the
Perfon of the Patron, and during the Time of the
Vacation it is a Thing in Right and in Action, the
Fruit and Execution of the Advowfon, not the Ad-
vowfon itſelf. 2 Cro. 371. Clergym. Law 154. As a
void Turn is not grantable; fo if Two have a
Grant made to them of a next Avoidance, and af-
ter the Church is void, one doth releaſe all his
Right and Title which he had in the Advowſon and
Prefentation to his Companion, who prefents to the
Church, this Prefentation is void; becaufe after the
Avoidance, the Intereft was attached in both, and
both had a Power to prefent, which could no more
be releaſed by one to the other, than it could be
granted in that Manner, being but a Right, and
not a Chattel in Poffeffion: But a Releafe in this
Cafe may be good, if it be made before the Church
is void, and the Party to whom made may prefent,
Enc. I And. 223. 3 Cro. 173. Moor 467. If a Pre-
fentation itfelf bears Date whilft the Church is full
of another Clerk, it is void: And where two or
more have a Title to prefent by Turns, one of them
prefents, and his Clerk is admitted, inftituted and
inducted, and is afterwards deprived for fome
Crime; he shall not prefent again, but that Prefenta-
tion fhall ferve his Turn: Though where the Ad
miffion and Inftitution of his Clerk is void, there
the Turn ſhall not be ferved; as if after Induction
he neglects to read the thirty-nine Articles, &c.
his Inftitution is void by the Stat. 13 Eliz. and the
Patron may prefent again. F. N. B. 33. 5 Rep. 102.
The Right of Prefenting to a Church, may país from
one feifed of the fame, by the Patron's Acknow of, &c. Ely; the true and undoubted Patron of
ledging of af Statite, or which being extended, Tof, whom these Presents deall come, An Bi
1
Form of a Prefentation to a Benefice.
Revendo in
Everendo in Chrifto Patri & Domino, Domino B.
Permiffione Divina Epifcopo S. &c. ejus vel in
Abfentia Vicario fuo in Spiritualibus Generali, aut alii
cuicunque in hac parte fufficientem Authoritatem habenti :
Pranobilis A. B. Baro de, &c. verus & indubitatus Pa-
tronus Rectoria Ecclefia Parochialis de, &c. Salutem in
Domino Sempiternam. Ad Ecclefiam Parochialem de,
&c. pradict. veftra Diocefeos modo per mortem naturalem
C. D. ultimi Incumbentis ibidem vacantem, & ad meam
Præfentationem pleno jure fpectantem, dilectum mihi in
Chrifto E. F. Clericum, Artium Magiftrum, Paternitati
veftre Præfento, humiliter fupplicans ut præfatum E F
ad di&um Ecclefiam admittere, ipfumq; in Rectoriam
ejufdem Ecclefie Inftitui & Induci facere, cum fuis ju-
ribus & pertinentiis Univerfis, cæteraq; omnia & fingula
peragere adimplere in hac parte, que ad veftrum mu-
&
nus Epifcopale pertinere videbuntur, dignenimi cum favore.
In cujus rei Teftimonium, his Præfentibus figillum
meum appofui. Dat' Die, &c. Anno Regni, &c. Annoq
Dom. 1727.
A Grant of the next Prefentation to a Church.
all to A. B.
if the Church doth become void, during the Conu- the Rectory or Parish Church of D. in the County and
fee's Eftate, the Conufee may prefent. Owen 49. E Diocefe of, &c. fendeth Greeting. Know ye, that the
very Church-Living is to be given and received by faid A. B. for divers good Causes and Confiderations him
Preſentation, Collation, &c. And where-ever a Writ thereunto moving, hath given, granted and confirmed,
of Quare Impedit, or Right of Advowfon will lie for and by thefe Prefents, doth for him and his Heirs, give,
any Man on a Disturbance; there he hath a Right grant and confirm unto C. D. of, &c. his Executors,
to the Prefentation for that Time at least. 1 Shep. Adminiftrators and Affigns, the first and next Advcwfon,
Abr, 240, 241. Where the Patron of a Church, hath Preſentation, free Difpofition and Right of Patronage,
an Eftate in the Manor or other Thing to which it of and to the Parfonage, Rectory, or Parish Church of
is appendant, or has it in Grofs for Life or Years D. aforefaid, with all its Appurtenances, with full
only; if the Church becomes void during his E-Power and Authority to and for the faid C. D. bis Exe-
ſtate, he may prefent to it: Or he may grant the cutors, Adminiftrators and Aſſigns, to prefent a learned
next Avoidance to another for a Term, and this and fit Perfon to the faid Parfonage, Rectory, or Parish-
will be good, if it happen in the Time. But if one Church, with all its Rights and Appurtenances, whenfo
be diffeifed of his Manor, and the Diffeifor die ever the fame shall first and next happen to become void,
feifed, and after the Church become void; in this by the Death, Refignation, Ceffion, or Deprivation of
Cafe the Diffeifee cannot prefent till he hath recon- E. F. the preſent Incumbent, or otherwise however; and
tinued the Manor, but before the Dying feifed he to do and perform all and every other Act and Ats,
might do it, Co. Litt. 120. 8 Rep. 145. Dyer 29. Thing and Things whatsoever, in crder to the fame, in
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as full and ample Manner, to all Intents and Purpoſes, | beneplacito; and this Officer is to attend upon the
as the faid A. B. or his Heirs might, or hereafter could
have done, if this prefent Grant had not been made. In
Witness, &c.
Right of Preſentation may be forfeited in feveral
Cafes: As by Attainder of the Patron, or by Outlaw
vy, and then the King fhall prefent; and if the Out-
lawry be reverfed, where the Advowfon is forfeited
by the Outlawry, and the Church becomes void af-
ter, the Preſentation is vefted in the Crown; but if
at the Time of the Outlawry the Church was void,
then the Preſentation is forfeited as a Chattel, and
upon reverfing the fame, the Party fhall be reftored
to it. By Appropriation without Licence from the
Crown, Right of Prefentation may be forfeited:
though the Inheritance in this Cafe is not forfeited,
only the King fhall have the Prefentation in Nature
of a Diftrefs, till the Party hath paid a Fine for his
Contempt. By Alienation in Fee of the Advowfon,
by a Grantee for Life of the next Avoidance, a Pre-
Sentation is forfeited; and after fuch Alienation the
Grantor may prefent, but then he muft enter for
the Forfeiture of the Grantee in the Life-time of
the Incumbent, to determine his Eftate before the
Prefentation vefts in him on the Incumbent's Death.
And by Simony it may be likewife forfeited and loft,
where any Perfon for Money, &c. Thall present any
one to a Benefice. Moor 269. Plowd. 299. 2 Roll
Abr. 352. Stat. 31 Eliz. See Advowson, Patron, Si-
mony, &c.
Prefentee, The Clerk prefented to a Church by
the Patron. In our Statutes there is Mention of
the King's Prefentee, that is he whom the King pre-
fents to a Benefice. 13 R. 2. c. I.
Prefentia, Prefents, fo called, becauſe they are
given Prafenti: And they differ from Munera,
which are Gifts fent to the Perfon. Matt. Parif.
Anno 1170.
King, to propofe Bufinefs at the Council Table,
and report to his Majefty the Tranfactions there:
Alfo he may affociate the Lord Chancellor, Trea-
furer, and Privy Seal, at naming of Sheriffs; and
all other A&s limited by any Statute, to be done
by them. 21 H. 8. c. 20.
President of the leabers. There is Mention
of a Prefident of Weavers of Kidderminster-Stuffs.
Stat. 22.& 23 Car. 2. C. I.
zelling, for Sea Service: In Time of War, the
King has Power to imprefs Seamen; though he ought,
not to imprifon them. Comber. 340. But Watermen
withdrawing themfelves during the Time of Preffing,
fhall be liable, to Imprisonment, &c. Stat. 23
P. W. Where a Man receives Prefs Money to
&
ferve the King, and is deliver'd over to a Captain;
(not common Prefs-Mafters) if he runs away with-
out Licence, it is Felony having Benefit of Clergy,
by the 7 Hen. 7. cap. 1. Hale's Hift. P. C. 678. A late
Statute has ordain'd, that every Perfon who ferves
in any Merchant Ship belonging to the Subje&s of
Great Britain, being Fifty-five Years of Age, or un-
der Eighteen; and alfo every Foreigner in fuch
Ships fhall be privileged from being prefs'd into his
Majesty's Service; and all others of any Age, for
the Space of two Years after their firft going to
Sea; but Apprentices are thus exempted three
Years. Stat. 13 Geo. 2. cap. 17. Sec Navy.
Preft, Is taken for a Duty paid by Sheriffs up-
on their Accounts in the Exchequer; or for Money
left or remaining in their Hands. 23 Edw. 6.
cap. 4.
Pielt-Money, Is fo termed from the Fr. Preft,
i.c. Promptus, Expeditus; for that it binds thofe
that receive it to be ready at all Times appointed,
commonly meant of Soldiers. 18 Hen. 6. cap. 19.
7 Hen. 7. cap. 1. 3 Hen. 8. cap. 5.
1
Pzeltation-Money, (Praftatio, a Performing or
Paying) Is a Sum of Money paid by Archdeacons,
and other Clergymen, yearly to their Bifhop, pro
exteriori Furifdictione. And Praftatio was anciently
ufed for other Payments; and fometimes for Pur-
veyance. Et quieti fint a Præftatione Muragii,
&c. Charr. Hen. 7.
Presentment, Is a meer Denunciation of Jurors,
or fome Officers, c. (without any Information)
of an Offence inquirable in the Court whereunto
it is prefented. Lamb. Eiren. lib. 4. c. 5. Or Prefent-
ment is an Information made by the Jury in a
Court, before a Judge who hath Authority to pu-
nifh any Offence done contrary to the Law: It is Presumption, (Prafumptio) Signifies an Opinion
that which a Grand Jury finds and prefents to the or Belief of a Thing; and is of three Sorts:
Court, without any Bill or Indi&ment delivered; 1. Violent Prefumption, which is many Times plena
and it is afterwards reduced into the Form of an Probatio; as if one be found to be killed in a Houfe,
Indictment. 2 Inft. 739. The Prefentment is drawn and a Man is obferved to come out of that Houſe
up in English by the Jury, in a fhort Note, for In- with a bloody Sword or Knife, no other Perfon be-
Atructions to draw the Indictment by; and differs ing at that Time in the Houfe; this is a violent Pre-
from an Indictment, in that an Indictment is drawn fumption, that that Man was the Murderer, and paf-
up at large in Latin, and brought ingroffed to the feth for Proof. 2. Probable Prefumption, which is of
Grand Jury to find. 2 Lill. Abr. 353. There are fome Weight, though it hath but a fmall Effe&.
Prefentments of Juftices of Peace in their Seffions, 3. Light Prefumption, Levis feu Temeraria, which
of Offences againſt Statutes, in order to their Pu- proveth nothing at all. 1 Inft. 6. If all the Wit-
niſhment in fuperior Courts; and Prefentments taken neffes to a Charter of Feoffment or other Deed be
before Commiffioners of Sewers, c. But a Pre- dead, then violent Prefumption, which ftands for a
fentment of Commiffioners of Sewers was quafhed, Proof, is continual and quiet Poffeffion: If a De-
becauſe it did not appear in the Prefentment by what fendant pleads Payment to a Bond, and it appears
Authority the Commiffioners did fit who took the that the Debt is of very long ftanding by the Bond,
Prefentment, or that any of them were of the Quo- and it hath not been demanded, nor Intereft paid
as directed by Statute. Hill. 1649. And Pre- for many Years,
And Pre- for many Years, it fhall be presumed that the Mo-
fentments are made in Courts Leet and Courts Ba-ney is paid, though the Plaintiff hath the Bond in
ron, before the Stewards thereof; and in the latter his Cuftody: Alfo if a Rent be behind and in Ar-
of Surrenders, Grants, &c. Alfo by Conftables,
Church-wardens, Surveyors of the Highways, &c.
of Things belonging to their Offices.
rum,
rear for twenty Years, and the Landlord gives a
Receipt for the laft Year that is due, all the Reſt
is prefumed to be paid, &c. 1 Inft. 6, 373. Wood's
President, (Prases) Is ufcd for the King's Lieu- Inft. 599. Where divers Houfes are let to a Man
tenant in any Province, as President of Wales, &c. by one Leafe, the Court will prefume that the Lef
Pzelident of the Council, Relates to the Func-fee is in Poffeffion of them all, if he be in Poffef-
tion of the Perfon, and is the Fourth great Officer fion of any one of them, and the contrary doth
of State: He is as antient as the Reign of King not appear to the Court: And fo in other Cafes,
John; and hath fometimes been called Principalis though Prefumption is what may be doubted of, yet it
Confiliarius, and other Times Capitalis Confiliarius fhall be accounted Truth, if the contrary be not
The Office of Prefident of the Council was ever grant-proved. 2 Lill. Abr. 354.
Lill. Abr. 354. But no Prefumptions ought
ed by Letters Patent under the Great Seal durante to be admitted against the Prefumptions of Law,
and
2
PR
PR
=
+
1
and a Wrong fhall never be prefumed. 1 Inft. 232,
373:
|
Prefumptio, Was anciently taken for Intrufion,
or the unlawful Seifing of any Thing. Leg. Hen. 1.
cap. II.
Pretender. The pretended Prince of Wales is at
tainted by Statute 13 Witi. 3. cap. 3. And the Lord
Treasurer, &c. out of the Money granted by Par-
liament is impowered to give 100,000l. Reward to
any one that fhall feize the Pretender, when he fhall
land or attempt to land in England, &c. I Geo, I.
Pretensed Bight, (Jus Prætenfum) Is where one
is in Poffeffion of Land, and another who is out
of Poffeffion claims and fues for it; here the pre-
tenfed Right or Title is faid to be in him who fo
claims and fucs for the fame. Blount. See. Mod.
Caf. 302.
Pretium Sepulchrí, Is applied to thofe Goods
which accrue to the Church when a Corps is bu-
ried. Irish Can. Lib. 19. c. 6.
Price. Things are to be fold at reafonable
Prices: And Juftices in Corporations, &c. may fet
the Price of Vi&tuals and other-Things, by Statute
23 Ed. 3. c. 6. 3 H. 8. c. 8.
-
Pride-gavel, (From Prid, the laft Syllable of
Lamprid, and Gavel, a Rent or Tribute) In the
Manor of Rodeley in the County of Gloucefter is a
Rent paid to this Day to the Lord, by certain Te-
nants, in Duty and Acknowledgment to him for
their Liberty and Privilege of Fiſhing for Lampreys
or Lamprids in the River Severn. Tayl. Hift. Gavelk.
II2.
Priests, In general Signification are any Mini-
fters of a Church; but in our Law, this Word is
particularly used for Minifters of the Church of
Rome. Priests faying Mafs fhall forfeit 200 Marks,
by Stat. 23 Eliz. c. 1. And Perfons apprchending a
Romish Priest, faying Mafs, fhall have 100l. from
the Sheriff of the County, to be paid within four
Months after Conviction of the Offence, &c. And
fuch Priests, &c. keeping Schools, are liable to
perpetual Impriſonment. 11 & 12 W. 3. c. 4. See
Fefuits.
Deimage, Is a Duty at the Water-fide, due to
the Mafter and Mariners of a Ship; to the Mafter
for the Ufe of his Cables and Ropes, to difcharge
the Goods of the Merchant, and to the Mariners
for Loading and Unloading of the Ship or Veffel in
any Port or Haven; it is ufually about 12 d. per
Tun, or Six-pence per Pack or Bale, according to
Cuftom. Merch. Dict.
Primecerius, The firft of any Degree of Men;
and the Nobility of England were anciently called
Primecerios tctius Anglia. Mon. Angl. Tom. I. pag.
838.
Pzimier Seifin, (Prima Seifina) The firſt Poffef
fion. It was a Branch of the King's Royal Prero-
gative, whereby he had the firft Poffeffion or Profits
for a Year of all Lands and Tenements holden of
him in Capite, whereof his Tenant died feifed in
Fee, his Heir being then at full Age; and this the
King formerly took, until the Heir, if he were of
Age, did his Homage, and if under Age till he
were fo: But fince the Taking away of the Tenure
in Capite by Statute, all Charges of Primier Seifin are
of Confequence taken away alfo. Staundf. Prerog. 11.
Stat. 12 Car. 2. c. 24.
Primier Serjeant, Is the King's firft Serjeant at
LAW.
Pzimo Beneficio, The firft Benefice in the King's
Gift, c. See Reneficio.
zimogeniture, (Primogenitura) Is the Title of
an elder Brother, in Right of his Birth: The Rea-
fon of which is, Qui prior eft Tempore, Potior eft Fure.
Co. Litt. And according to Dodderidge, it was an-
ciently ordained, that all Knights Fees fhould come
to the eldest Son by Succeffion of Heritage, that he
fuccceding his Anceſtors in the whole Inheritance,
might be the better inabled to maintain the Wars
against the King's Enemies, and for Defence of the
Realm: And that the Socage Tenure fhould be par-
tible among the Male Children, to inable them to
increaſe into many Fámilies for the better Further-
ance and Maintenance of Husbandry. Leg. Alfred.
Dedd. Treat. Nobil. 119.
Prince, (Prin eps) Is fometimes taken at large
for the King himself; but more properly for the
King's eldeft Son, who is called Prince of Wales.
It is faid by fome Writers, that the King's eldeſt
Son is Prince of Wales by Nativity; but others fay,
the eldeft Son of our King is born Duke of Cornwall,
and afterwards he is created Prince of Wales, though
from the Day of his Birth he is filed Prince of
Wales, a Title originally given by King Edward 1.
And all his Titles are, Prince of Wales, Duke of
Cornwal, and Earl of Chefter. Before Eward 2. who
was the first Prince of Wales, and born at Carnarvan
in that Principality, (his Mother being fent there
big with Child by King Edw. 1. to appease the Tu-
multuous Spirits of the Wel. hmen) the eldest Son of
the King was called Lord Prince; but Prince was a
Name of Dignity long before that Time in England.
Staundf. Prerog. 75. As Duke of Cernaval, and like-
wife Earl of Chefter, the Prine of Wales is to appoint
the Sheriffs, and other Officers in thofe Counties,
by 1 Geo. 2. c. 5. The Prince of Wales, befides the
Principality of Wales, Dutchy of Cornwal, &c. has
alfo a Revenue, fettled upon him by Parliament;
for by Statute, his late Majefty was empowered to
grant to his Royal Highnets the Prince of Wales his
Son, now King, an Annuity of 100,000l. per An-
num, payable out of the Poft-Office and Excife-
Duties, &c. 1 Geo. 1. cap. 22. And the prefent
King is enabled by Letters Patent, &c. to grant the
Duke of Cumberland an Annuity of 15,cool. per Ann.
to commence from his Majefty's Death, payable to
the Duke and the Heirs of his Body in Tail, and
charged on the Poft-Office Revenues, &. but ſo
as not to be aliened or incumber'd by him. Stat. 12
Geo. 2. c. 15.
Princefs. The King was alfo enabled to grant to
the Princess of Wales, the late Queen, an Annuity of
50,000l. a Year, after the Prince's Death, out of
the abovefaid Duties; and to grant to her Royal
Highness Somerfet boufe Falace, c. I Geo. I. The
like Annuity of 50,000l. a Year, is fettled on the
prefent Princess of Wales, in Cafe fhe furvives his
Royal Highness the Prince, to be paid Quarterly
free from Taxes and other Charges. 10 Geo. 2. c.
29. Alfo the King may grant one Annuity of
24,0001. per Annum to the Princeffes Amelia, Caro-
lina, Mary and Louifa among them all; and upon
the Death of any of them, or Marriage and Pay-
ment of 40,000l. Portion, her Title to the Annuity
to ccafe, and go to the others, by 12 Geo. 2. cap. 15.
See 13 Geo. 2. c. 13.
Prince and Princess of Drange. A Bill lately
paffed in Parliament, for Naturalizing his Highnefs
William Prin.e of Orange, without receiving the Sa-
crament, or taking the Oaths, &c. Whereupon
he was declared to be a Natural-born Subject of
this Kingdom, as if born within the fame, by
7 Geo. 2. c. 3 & 4. The Sum of 80,000l. for the
Portion of the Princess Royal, on her Marriage with
the Prince of Orange, was granted out of the Money
arifing by Sale of Lands in the Ifland of St. Chri
ftopher's. 6 Geo. 2. c. 25. And the King is empower-
ed to grant to the Princess Royal an Annuity of
5000l. per Ann. for her feparate Ulc. Stat. 7 Geo. 2.
cap. 13.
.
zincipal, (Principalium) Is variouſly used in
our Law; as an Heir-Lome, the best Beaft, beft
Bed, Table, which pafs to the eldest Child,
and are not fubject to Partition, are called Principals:
And the chief Perfon in the Inns of Chancery is called
Principal of the Houſe..
7 R
Principal
→
:
4
1
PR
PR
(and double the Value, of every Book imported; but
this fhall not extend to fuch Books, as have not been
printed in twenty Years, nor hinder the importing
any Book reprinted abroad among other Tracts, &c.
And fo much of the Statute 8 Ann. for Encourage-
ment of Learning, as empowers the Archbishop and
Lord Chancellor, &c. to fettle the Price of any
Books, is repealed. 12. Geo. 2. c. 36. There are cer-
tain Stamp-Duties payable for Pamphlets and Books
under fuch and fuch Sizes, for every Sheet in one
printed Copy, &c. And Printers or Publiſhers are to
put their Names thereto, under the Penalty of 201
&c. Stat. 10 Ann. c. 19. Vide Libel.
Prioz, He who was firft in Dignity next to the
Abbot, or the Chief of a Convent, &c. And there
was a Lord Prior of St. John's of Jerusalem. 26 H. 8.
cap 2.
Principal and Accellary, The Principal is the
Perfon who actually commits any Crime; and
the Acceffary is he who is affifting to him in the
Doing thereof. 2 Lill. Abr. 355. And if one do
wilfully hold a Man in his Arms, whilft another
kills him, he is a Principal. 9 Rep. 67. A Man is
prefent, and moves a Perfon to kill another, who
doth fo; by this he is as much a Principal as he
that killeth the Perfon: And all thoſe who come in
Company in any Place or Affembly, where any
Murder, Robbery, or Felony is committed, if they
come there for that Caufe, are Principals, although
they do nothing. Staundf. P. C. cap. 45. Fitz. Coron.
314, 350. Poult. 138. But if one happen to be pre-
fent when another is killed, or a Felony done, and
he came not in Company of the Felons, nor is of
their Confederacy; he will not be a Principal or Ac-
ceffary. Fitz Coron. 314, 395. No Man can regu-
larly be a Principal in Felony, without being pre-ligious Men, born in France and Normandy, Gover-
fent, unless it be in Cafe of wilful Poifoning,
wherein if the Perfons intended or any others take
the Poifon in the Abfence of him that lays it, he is
a Principal. Hale's Hift. P. C. 615. In the highest
Offences, as in Treafons, &c. all are Principals; and
fo in the loweft, fuch as Riots, Forcible Entries,
and other Trefpaffes; in thefe Cafes, there are no
Acceffarics. 1 Inft. 71. By the Common Law, if a
Principal be pardoned before Judgment, or hath his
Clergy, the Acceffary may not be tried; but if it
be after Attainder, the Acceffary fhall be arraigned:
And where the Principal dies before attainted, or is
acquitted by Verdi&t, &c. the Acceffary fhall be
difcharged: Alfo if the Principal appears not, tho'
the Acceffary may be put to anfwer, he fhall not
be tried till the Principal is attainted, &c. 4 Rep. 43.
H. P. C. 47. Dalt. 339. But this is altered by Stat.
1 Ann. cap. 9. See Acceffary.
Principal Money, On Mortgages, Bonds, &c.
Vide Scrivener and Ufury.
C.
I.
Dzinting. By Statute, the Printing, Selling, or
Buying popish or fuperftitious Books, &c. is liable
to Penalties and Forfeitures. 3 Fac. 1. c. 5. None
fhall print heretical or feditious Pamphlets, or
tending to the Scandal of the Government, c. nor
print any Books, unleſs entered in the Regifter at
Stationers Hall and licenfed; Books of Law, by the
Allowance of the Lord Chancellor, Chief Juftice,
c. of Divinity, by the Archbishop of Canterbury,
c. and Hiftory, by a Secretary of State: And
Printers are to hew the Names of Authors, if re-
quired: The Number of Printing Preffes is limited;
and no Perfon fhall print beyond Sea, or ufe Preffes
in Vaults, without Notice, &c. And Meffengers,
by Warrant of a Secretary of State, may fearch for
and feife feditious Books. 13 & 14 Car. 2. cap. 33.
This particular Statute made for regulating Print
ing, was revived and continued by 4 & 5 W. & M.
c. but is now expired. The Archbishop of Canter
bury, Lord Chancellor, Bishop of London, and Chief
Juftices, &c. on Complaint, have Power to reform
unreaſonable Prices of Books: Nine Copies of Books
printed entered at Stationers Hall, are to be delivered
for the Ufe of publick Libraries: Authors of Books
already printed, and the Copies not transferred, and
Bookfellers who have already purchaſed, are to
have the fole Right of printing Books for twenty-
one Years; and Authors of Books not yet printed,
fhall have fuch Right for fourteen Years: And
when the Copies are transferred, after the End of
fourteen Years, the Right of Printing, &c. is to re-
turn to the Authors for the like Term: Other Per-
fons reprinting, or importing any Book printed, with-
in thofe Times, without Confent, fhall forfeit the
Books to the Proprietor, and 1 d. for every Sheet
in Poffeffion, the Book being entered in the Regi-
fter of the Stationers Company. 8 Ann. c. 19. By
the new A&, Perfons that import Books reprinted in
any other Country, are to forfeit them, and alfo 51.
Pziozs Aliens, (Priores Alieni) Were certain re-
nors of religious Houfes erected for Outlandish
Men here in England; but they were fuppreffed by
King Henry 5. and afterwards their Livings were
given to other Monafteries and Houfes of Learning,
and efpecially towards the erecting of thofe two fa-
mous Colleges, called the King's Colleges, at Cam-
bridge and Eaton. 2 Inft. 584.
Pziozs perpetual, And Datary and Removable, are
mentioned in the Statutes 9 R. 2. cap. 4. and 1 Ed. 4.
cap. 1.
Pzíozíty, (Prioritas) Is an Antiquity of Tenure,
in Comparison of another lefs ancient. Old Nat.
Br. 94. And we read that the Lord of the Priority
fhall have the Cuftody of the Body, &c. Crompt.
Furifd. 120. See Pofteriority.
Pziozity of Debts and Suits. A Prior Suit de-
pending may be pleaded in Abatement of a ſubſe-
quent Action or Profecution. A Prior Mortgage
ought to be firſt paid off; and Debts first due should
be firft fatisficd; for as the firft Creditor advances
his Money before his Debtor is incumbered, it is
but reaſonable he fhould be paid his Debt before
the Discharge of the fubfequent Incumbrances :
But Debts firft due muft likewife be firft profecuted;
otherwife in fome Cafes Priority will not be allowed.
Comp. Attorn. 120. There is no Priority of Time in
Fudgments; for the Judgment firft executed fhall be
first paid.
Pri-
Prilage, (Prifagium) Is that Part and Share
which belongs to the King, or Admiral, out of fuch
Merchandizes as are taken at Sea by Way of law-
ful Prife, which is ufually a tenth Part.
fagium eft jus Prifas capiendi, &c. Stat. 31 Eliz. c. 5.
And Prifage of Wines is an ancient Duty or Custom
on Wines, payable at certain Ports, except London,
Southampton, &c. It is where the King claims out
of every Ship or Veffel laden with Wines, contain-
ing twenty Tons or more, two Tons of Wine, the
one before, the other behind the Maft, at his Price,
which is twenty Shillings for each Ton; but this
varies according to the Cuftom of Places; and at
Bofton every Bark laden with ten Tons of Wine, or
above, pays Prifage: This Word is almoft out of
Ufe, being now called Butlerage, becauſe the King's
chief Butler receives it. 1 Hen. 8. cap. 5. 4 Inft. 30.
Calthrop's Rep. 20.
Prífe, (Captio, Prada, from the Fr. Prendre) Sig-
nifies a Prey or Booty taken from an Enemy in
Time of War, &c. If Ships are laden with con-
traband Goods, both Ship and Goods may be taken
as Prife; and Powder, Shot, Guns, Swords, and all
other Inftruments and Proviſions of Armature for
Sea or Land, bound for an Enemy from a neuter
Nation, &c. fhall be taken as Prife; fo alfo Money,
Corn, Victuals, &c. in Time of Neceffity. Lex
Mercat. 178. Whether a Ship be Prife or not, fhall
be tried in the Admiralty, and no Prohibition ſhall
be granted: And if a Suit be commenced between
the Captor of a Prife and a Claimant, and a Decree
is
1
1
PR
Ca
is obtained either for or againſt the Claimer; on
giving Security, fuch Sentence or Decree fhall be
put in Execution, notwithstanding any Appeal,
i Sid. 320. 2 Keb. 158. During the late War with
France, all Veffels with their Ladings, taken as Prife,
were to be brought into fome Port, and put into
the Poffeffion of the Commiffioners of Prifes,; and
after adjudged Prife, to be fold by the faid Commif-
fioners, and the Product diftributed amongst the
Captors, &c.
But where Veſſels were taken in
Ports or Havens, they were adjudged a Perquifite
of the Admiralty, and the Captors to have what
fhould be thought fit; and if any English Veffels
feiſed by the French as Prife, fhould be retaken, they
were to be returned, paying an. eighth Part of the
Value for Salvage. Stat. 45 W. & M. cap. 25.
Prife Goods imported fhall be fubject to the fame
Duties and Customs as other Goods and Merchan-
dizes. 9 Ann. c. 27. See Privateers.
Prilo, Is uſed for a Prifoner taken in War.
Hoveden, pag. 541.
PR
as that Prifon belongs to this Court; but they can-
not fend for a Priſoner out of any other Prifon,
without Writ of Habeas Corpus. Mich. 1650. Every
Judge of B. R. may remit Priſoners, with their In-
dictments, to the Places where the Offences where-
with they are charged were committed; and a Pri-
foner for Debt may be removed from the Fleet to the
King's Bench, and thence to the Marshalsea, on
fomething charged againft him in the Habeas Corpus
or Return, or on bringing him into Court. Dyer
275. 2 Lill. Abr. 357. Prifoners in the King's Bench
and Fleet Prifons, on mefne Procefs, &c. are to be
actually confined within the faid Prifons, or the
Rules of the fame, till they are difcharged; and
the Profits of the Marshal's and Warden's Places are
liable to Sequeftration for Payment of Debt on
Judgment, upon an Eſcape, befides the common
Remedy: And Judgment may be figned againſt a
Priſoner in the Fleet, in a Perfonal Action, entring
a Declaration, and leaving a Copy thereof with the
Prifoner, &c. after a Rule to plead, to be out at 8
Drilon, (Prisona) Is a Place of Confinement for Days, c. Prisoners in the King's Bench are not to
the fafe Cuftody of Perfons, in order to their an- pay above 2s. 6d. per Week Chamber-Rent, on
fwering any Action, Civil or Criminal: And it has Pain of Keepers taking more, to forfeit 201. Stat.
been obferved, that this Salva Cuftodia must be only 89 W. 3. cap. 7. And Prifoners in the aforefaid
Cuftodia; for Carcer ad Homines cuftodiendos, non ad Prifons, going at large, may be taken up on an E-
Puniendos dari debet. Co. Litt. lib. 3. cap. 7. Any fcape Warrant. 1 Ann. cap. 6. But Prifoners may
Place where a Man is reftrained of his Liberty, is go out of the Rules, on a Day-Rule of Court,
a Priſon: And when any one is arreſted on Proceſs, about their Bufinefs, fo as they do not go into the
he is to be committed to Prifon, or be bound in Re-Country, or to Plays, Diverfions, c. Trin. 6 Ann.
cognifance with Sureties, or give Bail, according B. R. 2 Lill. 366. A Perfon in Execution in the
to the Nature of the Cafe, to appear at a Day in King's Bench Prifon, was put in Irons by the Mar-
Court, and anſwer what is alledged againſt him.fbal; and the Court ordered the Marshal to keep
Dalt. 421. If one is brought before a Juftice of his Prifoner according to Law: Though they faid he
Peace for Sufpicion of Felony, where a Felony has might juftify putting him in Irons, if he feared an
been committed, the Juftice may fend him to Efcape, or if the Prifoner was unruly. Mich. 1 Ann.
Prifon, or bail him; and if no Felony be done, he Farrell. Rep. 52. In the fecond Year of King Geo. 2.
hath Power to diſcharge him. H. P. C. 98. But Sir William Rich being laid in Irons in the Fleet Pri-
when a Perfon is committed to Prifon for Treafon, fon, had his Irons taken off by Order of the Houſe
or Felony, he cannot regularly be difcharged from of Commons; who thereupon began an Inquiry into
Prifon, till indicated, and acquitted, &c. Though the Condu&t of Gaolers to Prifoners, &c.
one taken and committed to Priſon in a Civil Caufe, Prisoners discharged. The 22 23 Car. 2.
may be releaſed and fet at Liberty by the Plaintiff 2 W. & M. and 7 & 8 W. 3. 1 Anne, and 6 and II
in the Suit. 3 Inft. 209. H. P. C. 94. But fee Ha-Geo. 1. were made for releafing, by Juftices of
beas Corpus, &c. Vide Gaol.
Peace in their Seffions, &c. of poor Prifoners for
Pzilon-breaking, By my Lord Hale, is not only Debt, a&tually in Cuftody, making Oath that they
where a Felon is formally committed to Gaol by had no Effects of the Value of 1o. &c. and who
Mittimus; but if he be put in the Stocks, or kept owed not above 100% to any one Perfon; and by
in the Conſtable's Houfe, &c. and he break Prifon, the 7 & 8 W. 3. the Prifcners difcharged under forty
it is Felony. 1 Hale's Hift. P. C. 610. And if A. ar- Years of Age, were to lift themselves in the King's
reſt B. for Suſpicion, and carry him to the common Service during the War against France. A Defen-
Gaol, and there deliver him; if he breaks Prifon, dant was taken by Procefs of the Court of B. R.
and be indicted upon it, there must be an Aver- and pray'd the Benefit of being difcharged upon
ment in the Indictment, that there was a Felony Common Bail, according to the Statute for difcharg-
done, and that A. having probable Caufe did fu- ing poor Prifoners; fhewing the Certificate of the
pect B. and arrefted and committed him, and that Gaoler, and the Adjudication of the Justices of
he broke the Priſon, all which must be proved upon Peace, &c. And it was held, that the Juftices had
the Evidence: But where a Felon is taken by Cano Authority, unless the Defendant was in Cuftody
pias, and committed, and break Prifon, there needs on fuch a Day; for a bare being within the Rules
no fuch Averment, &c. becauſe all appears by will not be fufficient; and this Court will examine
Matter of Record. 2 Co. Inft. 590. Hale's Hift. P. C. the Truth of it, notwithstanding the Certificate,
610. The Felony of Breach of Prifon is within Cler-and Adjudication. Mich. 5 Ann. 3 Salk. 330. One
gy, though the Offence for which the Party was being indebted on a Bond of 100l. conditioned to
committed be excluded Clergy. 1 Hale's Hift. P. C.
612. See Eſcape.
pay 90l. and Intereft on fuch a Day, was arrested,
and difcharged by the Juftices, upon the Statute of
poor Prifoners: But per Curiam, there being 207. due
for Intereft, at the Time that Statute was made,
by Confequence the Defendant owed at that Time
more than 100% and therefore the Juftices could
not lawfully discharge him; fo their Order was
made void. Ibid. And if a Prifoner for Debt is dif
charged by Juftices of Peace, as a poor Prifoner on
the Statutes for Relief of fuch, where the Debt is
above 100l. &c. and they have no Power to dif
charge him; this hath been adjudg'd an Eſcape.
I Salk. 273.
Dziloner, (Prifonarius, Fr. Prifonnier) Signifies one
that is confined in Prifon, on an A&tion, or upon
Commandment: And a Man may be a Prifoner upon
Matter of Record, or of Fact; a Prifoner on Matter
of Record, is he who being preſent in Court, is by
the Court committed to Prifon; and the other is
upon an Arrest, be it by the Sheriff, Conftable,
&c. Staundf. P. C. 34, 35. A Prifoner for the King
P.C.
may not be charged in an Action at the Suit of the
Subject, without Leave of the Court. 1 Lev. 125,
146. The Court of King's Bench hath Power to
fend for a Prifoner out of the Marſhalfea Court, by
Rule of Court, and need not iffue an Habeas Corpus,ment
Where a Mandamus has been granted
to Juftices of the Peace having Power, to give Judg.
upon the Statute for releafing poor Prifoners,
fee
1
}
:
こ
​-
PR
►
PR
fee Comb. 203. A late Stature was made for dif War; and likewife to prevent the Separation of
charging all Poor Prifoners (in Prifon at fuch a Time) Ships of greater Force from their Fleets or Squa-
for Debts under 500 l And Creditors for that Sum drons. Ibid. By Statute, Ships taken in the late
oppofing the Discharge of any Perfon, are to allow War by Privateers, were to be divided into five
the Prisoner a Weekly Maintenance of 3 s. 6d. per Parts; four Parts whereof to go to the Perfons in-
Week, and on Non-payment for fix Weeks, he fhall terefted in the Privateer, and the Fifth to his Ma-
be difcharged on Application to the Juftices, &c.jefty: And as a farther Encouragement, Privateers,
But Priſoners must give Notice to their Creditors, &c. deftroying any French Man of War, or Privateer,
and deliver in Schedules of all their Eftates on Oath, fhould receive for every Piece of Ordnance in the
which are to be divided amongst the Creditors; and Ship fo taken 101. Reward, c. 4 & 5 W. & M.
if any Priſoner forfwear himself, he fhall be guilty By a particular Statute lately made, the Lord Ad-
of Felony, c. And Debis from the Prifoner and miral, or Commiffioners of the Admiralty, may
Judgments had, to ſtand good against his Lands and grant Commiffions to Commanders of Privateers, for
Goods, which he may have hereafter, and Credi- the taking Ships and Merchandize, &c. which being
tors may take out a new Execution, tho' not charge adjudg'd Prize, and the Tenth Part paid to the Ad-
his Perfon, &c. Stat. 2 Geo. 2. c. 20. And by ano-miral, &c. fhall wholly belong to the Owners of the
ther late A&, Priſoners feiſed of an Estate-Tail in Privateers and the Captors, in Proportions agreed
Freehold Lands, &c. (which Intail they can defeat) upon between themfelves; and the Officers and
claiming Benefit by this Statute, fhall be deemed Seamen of Ships of War, are to have the fole Pro-
feifed in Fee Simple, as if a Fine had been levied perty of all Ships they take, to be divided as his
thereof, &c. and fo delivered up to the Creditors: Majefty fhall order by Proclamation: Alfo if any
And every Affignce of Copyhold Eftates of Prifo- Ships belonging to the English be taken by the Ene-
ners, may compound with the Lord of the Manor my, and afterwards retaken by any of our Men of
of whom held, for the ufual Fine on Surrender; War or Privateers, they are to be restored to the
and then the Lord, at the next Court, fhall grant Owners, on paying an eighth Part of the Value, in
to the Affignce the Copyhold Eftare, during the licu of Salvage, after having been in the Enemy's
Term or Intereft affign'd, and admit him Tenant, Poffeffion 24 Hours; and if above that Time, pay-
&c. Stat. 10 Geo. 2. c. 26. Alfo in a further Sta-ing further to a Moiety, &c. And by this A&t,
tute there is a Claufe, that every Prifoner for Debt Ships of War or Privateers, taking any Ship of War
committed fince the 1st of January 1730, and conti-or Privateer of the Enemy, the Officers and Sea-
nued in Priſon, may be compelled to deliver up his men fhall be paid by the Treasurer of the Navy.
Effects, in the Form prescribed, on Requeft of any 51 for every Man that was on Board fuch Ship at
Creditor, at whofe Suit he has been in Cuftody. the Beginning of the Engagement. Stat. 13 Geo. 2. c.4.1
11 Geo. 2. cap. 9. By the laft Statute, for difcharg-
ing Prisoners, they are to deliver up all their Goods
and Effects, and which ſhall be affigned to fuch of
their Creditors as the major Part fhall appoint, &c.
whereupon the Prifoners may be difcharged, if they
do not owe more than 500l. to one Perfon, &c.
On Affignment of a Prisoner's Eftate, all Powers of
Leafing Lands are vested in the Affignees, to be
executed for the Benefit of the Creditors: But
where any Rent, not exceeding two Years, is due
from any Prisoner, his Goods liable to be diſtrained,
fhall not be affigned for Creditors, till the Land-
lord is first paid fuch Rent, &c. Stat. 16 Geo. 2.
cap. 17. Sec Execution.
Dzivation, (Privatio) A Taking away or With-
drawing; moft commonly applied to a Bishop or
Rector of a Church, when by Death or other A&t
they are deprived of their Preferments: It feems
to be an Abbreviation of the Word Deprivation. Co-
Litr. 329.
Privatus, Signifies a Friend or Familiar; by Blount
Privement enfient, Is where a Woman is with
Child by her Husband; but not quick with Child.
Wood's Inft. 662.
•
Dzivies, (From the Fr. Prive, i. e. Familiaris)
Are thofe that are Partakers; or have an Intereft
in any Action or Thing, or any Relation to ano-
ther: As every Heir in Tail is privy to recover the
Privateers, Are a Kind of private Men of War, Land entailed, &c. Old Nat. Br. 117. And there
the Perfons concerned wherein adminifter at their are five feveral Kinds of Privies, viz. Privies in
own Cofts a Part of a War, by fitting out thefe Blood, fuch as the Heir to the Anceſtor; Privies in
Ships of Force, and providing them with all military Reprefentation, as Executors or Adminiftrators to the
Stores; and they have, inftead of Pay, Leave Deceased; Privies in Eftate, between Donor and Do-
granted them to keep what they can take from the nee, Leffor and Leffee, &c. Privies in respect of
Enemy, allowing the Admiral his Share, &c. Pri-Contract; and Privies on Account of Estate and Con-
vateers may not attempt any Thing against the Laws tract together. 3 Rep. 23, 123. 4 Rep. 123. Latch
of Nations; as to affault an Enemy in a Port or 260. If a Fine be levied, the Heirs of him that le-
Haven, under the Protection of any Prince or Re-vied it, are termed Privies. If a Leffor grants his
publick, whether he be Friend, Aliy, or Neuter; Reverfion, the Grantee and Leffec. are Privies in
for the Peace of fuch Places must be inviolably Eftate: And Privies in Contra& extend only to the
kept; and therefore by a Treaty made by King | Perfons of the Leffor and Leffee; and where the
William and the States of Holland, before a Com-Leffee affigns all his Intereft, here the Leffor and
miffion fhall be granted to any Privateer, the Com-Leffee remain privy in Contract, but not in Eftate,
mander is to give Security if the Ship be not above
150 Tons, in 1500l. and if the Ship exceeds that
Burden, in 3000l. that they will make Satisfaction
for all Damages which they fhall commit in their
Courſes at Sea, contrary to the Treaties with that
State; upon Pain of forfeiting their Commiffions,
and the Ship is made liable. Lex Mercat. or Merch.
Compan. 177, 178. Befides theſe private Commiffions,
there are Special Commiffions for Privateers, granted
to Commanders of Ships, &c. that take Pay, who are
under a Marine Difcipline; and if they do not obey
their Orders, they may be punished with Death:
And the Wars in later Ages, have given Occafion
to Princes to iffue thefe Commiffions, to annoy the
Enemies in their Commerce, and hinder fuch Sup-
plies as might frengthen them, or lengthen out the
I
which is removed by the Affignment. 3 Rep. 23.
Privies in Refpe&t of Eftate and Contract appears,
where the Leffee affigns his Intereft, but the Con-
tra&t between the Leffor and Leffee as to Action of
Debt continues, the Leffor not having accepted of
the Affignee. 3 Lev. 295. But where there are Pri-
vies in Contract, and this Privity is alter'd by Affign-
ment of an Executor, &c. before any Rent due,
and after the Privity of Eftate by the Affignment
of the Executor's Affignee, nothing remains where.
by to maintain any Action. Latch 260. There are
likewife Privies in Deed, or in Law; where the Deed
makes the Relation; or the Law implies it, in Cafe
of Efcheats to the Lord, &c. And only Parties and
Privies fhall take Advantage of Conditions of Entry
on Lands, &c. 1 Inft. 516.
Privilege,
PR
PR
:
·
Privilege, (Privilegium) Is defined to be a pri-liament. Stat. 12 W. 3. In the Exchequer it hath
vate or particular Law, whereby a private Perfon been held, that there are two Ways of pleading Pri-
or Corporation is exempted from the Rigour of the vilege; one is, if the Party is an Officer on Record,
Common Law; or it is fome Benefit or Advantage to go to Trial, and at the Trial to produce the Re
granted or allowed to any Perfons contrary to the cord; and if he is no Officer, but Attendant on the
Courfe of Law, and is fometimes ufed for a Place Court, that must be tried by a Jury: The other
that hath a fpecial Immunity: A Privilege is there- Way is, if he be an Officer on Record, then to pro-
fore Perfonal, or Real; Perfonal, as of Members of duce a Writ of Privilege, at the Time of the Plea
Parliament, and of Convocation, and their menial pleaded, upon which there can be no Iffue joined;
Servants, not to be arrested in the Time of Parlia- and being otherwife pleaded, c. Judgment may
ment or Convocation, nor for certain Days before be given to anfwer over. Mod. Caf. 305. Writ of
or after; Peers, Ambaffadors and their Servants, Privilege lies for an Officer of the Courts at Weſt-
c. Real, that which is granted to a Place, as to minfter, that is fed in any other Court than where
the King's Palaces, the Courts at Westminster, the he attends, to remove the Caufe to his own Court.
Univerſities, &c. that their Members or Officers 2 Inft. 551. Stat. 18 Ed. 3. A Defendant pleaded his
must be fued within their Precincts or Courts, and Privilege, that he was an Attorney of C. B. and upon
not in other Courts. Cowel. 2 Roll. Abr. 272. Finch Demurrer to this Plea, it was objected, that it ought
321. Alfo the Counties Palatine, Cinque Ports, and to be concluded with a Profert hic in Curia, the Writ
many Cities and Towns, &c. have Privileges as to of Privilege teftifying him to be an Attorney, which
Pleas, that none fhall be compelled to appear or an- is true, and that he ought to have faid prout patet
fwer out of their Jurifdiction. 4 Inft. 212. Crompt. per Recordum; but that must be in fuch Cafe where
Jurifd. 137. The King's Servants are privileged from he fets forth the Writ, and he may plead Privilege
Arrefts; for that the King fhall not be deprived of upon the Writ, or Exemplification of the Record
them, without Leave. Raym. 152. And the Queen's of his Admiffion, or without it. 2 Salk. 545. If
Servants are the King's, and his Chamberlain may Privilege of an Attorney be pleaded with a Writ,
privilege them. 2 Keb. 455. A Member of Parlia- the Defendant cannot be denied to be an Attorney;
ment is privileged, as well in his Lands and Goods, if without, he may, and then a Certiorari fhall be
as in his Perfon; becauſe being diſturb'd in any of awarded to certify whether he be an Attorney or
them, he is hinder'd in ferving of the Common- not. Ibid. By Order of the Court of C. B. the
wealth, which is to be preferr'd before all private Clerk of the Warrants is to certify that an Attor-
Interefts. 2 Lill. Abr. 370. The Lord Mayor of Lon-ney's Name is upon the Roll of Attornies, before
don is privileged from all A&tions, that he may not be he fhall have a Writ of Privilege; and Writs of
hindered in the Government of the City: And fo Privilege are to be figned by the Clerk of the War-
is an Alderman from ferving Offices, &c. Ibid. Cro. rants, to fhew the Perfon is an Attorney of the
Car. 585. Privileges are of Parliament; of Courts, Court, or they fhall not be allowed. Trin. 29 Car. 2.
and their Officers and Suitors; and of Attornies, &c. Trin. 9 W. 3. And to fave Arrest upon Proceſs, an
2 Lill. Abr. 368. According to Holt Chief Justice, Attorney muft deliver his Writ of Privilige to the
Privilege is either of Court, or of Proceſs; as in the Sheriff, and allow it with him; otherwife the She-
Court of Common Pleas, every Perfon who belongs riff will not diſcharge him upon the Writ of Privi-
to that Court, fuch as Attornies, and their Clerks, lege, unless it be on Procefs iffuing out of an infe-
c. fhall have the Privilege of being fued there, rior Court, but he muft plead his Privilege fub pede
and not elsewhere; and this is the Privilege of the figilli. Pract. Solic. 322. Privilege is not to be
Court: But none fhall be allowed the Privilege of pleaded in the Negative; as that an Attorney or
Process but thoſe who are the Officers of the Court, Clerk, ought not to be fued elſewhere but in fuch
and are fuppofed to be always attending therein. a Court, without faying it is ufual for them to be
3 Salk. 283. And there are two Kinds of Privileges fued there, &c. and it should not be pleaded too
in the Court of C. B. the one is of the Officers of general. 2 Sid. 164. But fee 2 Salk. 543. In
the Court, to be fued there by Bill; and the other Trefpafs against an Attorney of C. B. he pleaded
of the Clerks to be fued there by Original. Ibid. In his Privilege per Attornatum, to which Plea the
the Court of Exchequer there are three Sorts of Per-Plaintiff demurred; becauſe he ought to have
fons who are privileged, i. c. Debtors to the King, pleaded it in Perfon, and pleading by Attorney de-
Accountants, and Officers; against the first of thefe ftroys the very Reaſon of his Privilege, which is his
Perfons, any Man who has a Privilege in another Attending the Court in Perfon; but the Plea was
Court, as an Officer or Attorney thereof, fhall have adjudged good, for he may be fick, or have Bufi-
his Privilege; for the Privilege of a Perfon as Debtor, nefs in another Court to attend. Style 413. But an
is but a general Privilege: But if an Accountant be- Information being brought against a Cuftos Brevium
gin his Suit here, he hath in fuch Cafe a fpecial of B. R. for feveral Abufes in his Office, he in-
Privilege, and no other Privilege fhall be allowed fifted not to appear in Perfon, but by Attorney;
against him, becauſe of his Attendance to pafs his and it was ruled that he should appear in Perfon,
Account, in which the King hath a particular Con- becauſe he is an Officer of the Court, and is prefu-
cern; and it is the fame in an Officer of the Court,med to be always prefent; and if he doth not ap-
who commences a Suit here, no Privilege fhall pre-pear Judginent fhall be given againſt him without
vail against him: Though where the Account is any other Procefs. Sid. 134. Privilege has been al-
clofed and reduced to a Debt, there the Account-lowed for a Clerk in the Office of Cuftos Brevium,
ant hath only the general Privilege as Debtor; and and a Writ of Privilege' figned by the Justices of
the like of a Servant to an Officer or Minifter of C. B. to cxempt him from being arrefted or preffed,
the Court, he has no Privilege against a privileged &c. It being the Cuftom and Privilege of that
Perſon elſewhere. Hardr. 267, 507. By Hale Chief Court, that the Attornies and Clerks fhall not be
Baron, a general Privilege of a Perfon as a Mem- preffed, nor chofe in any Office, fine voluntate, but
ber of the Univerfity, or a Clerk in Chancery,
doth not take away the particular Privilege of the
Court of Exchequer, where the Perfon is Debtor and
Accountant to the King. Ibid. 189. But one who was
Receiver General of the Revenues of the Crown
in W. being fued in the Common Pleas, brought a
Writ of Privilege out of the Exchequer, and it was
difallowed by the Court. Dyer 328. 2 Nelf. Abr. 1296.
And the King's Debtors fhall not be privileged by Par-
ought to attend the Service of the Court. Cro. Car.
8. Though it is faid an Attorney fhall not be ex-
cufed by Privilege from Offices which may be exe-
cuted by Deputy; only thofe which require per-
fonal Dury, as that of Church-warden, Conſtable,
2 Lill. Abr. 374. A Filizer's Clerk
&c. March 30.
claimed to be privileged in B. R. but was denied it ;
for tho' the Matter may be privileged, the Court
takes no Norice of the Servant, he having no ne-
7 S
ceffary
PR
PR
ceffary Dependance on the Court. Mih. 23 Car. B. R. for an Affault made before that Time on him;
And Privilege extends only to fuch Attornies, and this appearing to the Court, they order'd him
who have an immediate Dependance on the Court; to relcafe the Party from the Arreft, and they fet
and not to their Servants: It hath been held, that a Fine upon him for the Contempt, which he imme-
although an Attorney doth not practife, he fhall diately paid in Court: And the Court declared,
have Privilege ſo long as he continues an Attorney that the Suitors ought fafely to come and go, by the
upon Record. Lutw. 1667. Attornies or Filizers | Privilege of the Court, without Vexation elsewhere.
of the Common Pleas, if fued in B. R. may plead Goldf. 33. One arrested in Westminster-Hall fedente
their Privilege, because they owe a perfonal Attend- Curia, may be difcharged upon Motion, if the Ar-
ance to that Court: But a Serjeant at Law being reft was on Mefne Procefs; but not if he was taken
fued in the Court of B. R. cannot plead Privilege in Execution, tho' even in that Cafe, the Officer is
of C. B. for he may fign Picas, be of Counfel, and punithable per Curiam, Bult. 85. Where a Man is
Practice in other Courts in Westminster-Hall, and arrested in an inferior Court, coming to Westminster
is not confined to Practice in the C. B. though if upon a Suit brought for or against him, he fhall
he is fued in any inferior Court, he fhall have his have the Privilege to be difcharged from the Suit
Privilege. 2 Lev. 129. 1 Mod. 298. And yet former- below: But this ought to appear by the Examina-
ly a Serjeant at Law claiming his Privilege to be tion of the Party. Fenk. Cent. 172. And if the De
fued in the Court of C. B. had his Privilege allowed; fendant be in Execution in any fuch inferior Court,
fo a Serjeant's Clerk. Trin. 6 Ed. 6. and 28 Hen. S. and he had Caufe of Privilege at that Time; if the
Dyer 24. Cro. Car. 59. A Barrister at Law, attend-Writ of Privilege be delivered before it, he shall be
ing on the Court, ought to have Privilege to be diſcharged: 'Tis otherwife if not delivered till after
fued in all tranfitory Actions in Middlefex And an the Execution. Ibid. Privilege of the Court was
Attorney of C. B. c. may chufe whether he will prayed to protect a Witnefs from being arrested in
fue or be fued out of the County of Middlefex; be- coming to and going from the Court, which was
caufe his Attendance is always fuppofed to be granted. Hill. 1655. 2 Lill. 370. In Treaſon, Fe-
there. 2 Lill. 370. Where an Attorney is fued as lony, or Breach of the Peace, no Privilege fhall be
Executor or Administrator, he shall not be allowed allowed; nor on an Indictment, &c. It has been
his Privilege; nor in a joint Action, with another not adjudged, that where l'roceedings are merely at the
privileged; though if the Action may be fevered, Suit of the King, as upon Indi&ments or Informa-
the Want of Privilege of one fhall not take away the tions brought by the Attorney General, in fuch
Privilege of the other. 1 Salk. 2, 245. 2 Nelf. Abr. Cafes Privilege fhall not be allowed; but where the
1295. Privilege fhall not be allowed to a Man, where Proceedings are at the Suit of the King and the
his Wife is joined in the Action with him: The Wife Party, as in Cafe of a common Informer, c. there
of an Attorney of B. R. if the be arrested, fhall not the Defendant may have his Privilege. 1 Lutw. 193.
have Privilege; but her Husband is to put in Bail If a privileged Perfon in one Court, do fue a privileged
for her, or for Want thereof the is to be commit- Perfon in another, in a Civil Action, the Perfon
ted to Priſon; for the Husband is privileged only in fued fhall not have his Privilege. 2 Leon. 41 2 Lill.
Regard of his perfonal Attendance upon the Court, Abr. 368. A privileged Perfon fhall not be generally
and his Privilege is annexed to his Perfon, and con- allowed his Privilege upon Motion; but he mult
cerns not his Wifc. Noy 68. 2 Lill. Abr. 371. An plead it, and on Pleading it fhall be allowed.
Attorney of the Common Pleas was indebted to Mich. 23 Car. B. R. But there is no Need to plead
4. B. who was indebted to C. D. who according to the Privilege of the Exchequer; for it fhall be
the Cuftom of London attached the Money in the granted upon producing the Red Book of the Ex-
Attorney's Hands; and he brought a Writ of Privi- chequer by a Baron of the Court. 1 Lut. 46. And
lege, which was allowed by the Court, becauſe the of later Times, the Party hath been admitted to
Attorney was not indebted to C. D. but only by Privilege upon Prayer to the Court. 2 Lill. 370. By
Cuftom; and the Privileges of thofe attending the fome Opinions, Privilege may be allowed, after Bail
Courts at Westminster, fhall not be impeach'd by any put in; and not after Imparlance: By others, that
Cuftom whatfoever. z Leon. 156. But where Mo. Privilege of Attornies may not be pleaded after Bail
ney was attached in London, in the Hands of an At-given in, which allows the Jurifdi&tion, c. 3 Lev.
torney of B. R. it was held, he fhall not have his 343. 1 Salk. 1, 2. To fue an Attorney privileged, or
Writ of Privilege, because the Plaintiff cannot fol- any Clerk or Officer of the Court of B. R. they
low his Attachment against him in the King's Bench, are not to be arrested, but be proceeded againſt as
but only in the Court of London; and if this Court follows: A Declaration is to be filed against the
fhould tay Proceedings there, then there would be Party privileged, and a Copy of it delivered to him,
a Failure of Juftice. 2 Lill. Abr. 371, 372. One and then Rules given in order for his Plea; and
that hath a Suit depending in B. R. &c. is privileged the Declaration and Rules being delivered and
from being arrested in coming to the Court from ferved in Time, he will be obliged to plead the
his Houfe or Lodging, to follow his Caufe, and alfo fame Term; and if he do not appear and plead,
in going back again directly to his Houfe or Lodg-after called in Court, &c. he may be forejudged the
ing; and if he be arrested in fo doing, the Court Court: If fuch Attorney, Clerk or Officer be Plain-
upon Motion made to inform them of it, will fet
the Party at Liberty, and punish the Perfon that
arrefted him, if he knew the other had a Suit de-
pending here, and came hither to attend it. 2 Lill.
371. One that was coming to the Court of King's
Bench to attend upon his Caufe, was arrefted as he
was coming, and forced to put in Bail; and on Mo-vilege have fpccial Bail where other Perfons cannot
tion, making it appear to the Court, he and his
Bail were both difcharged; and the Party that ar-
refted him had been alfo puniſhed, had he not al-
ledged that he knew not that the Party arrefted
came about his Bufinefs depending in the Court.
Mich. 22 Car. B. R. An Action of Affault, &c. was
brought in the Common Pleas, and the Parties were
at Iffue, and after the Trial, when the Jury went
out to confider of their Verdict, the Defendant in
this Action arrefted the Plaintiff by Procefs out of
4
tiff, and his Declaration is delivered, and the Rules
given in Time, the Defendant is to plead the fame
Term, and cannot imparl over to the next; which
ought to be remember d, for fear of Executions
when not thought of. Pract. Solic. 259, 260. In B. R.
where an Attorney is Plaintiff, he cannot by his Pri-
have it; except it be for Fees, as a Minifter of the
Court, in which Cafe he may. In the Court of C. B.
if an Attorney is Defendant in any Suit, it is not
required that he hall give in Bail; and by giving
Bail, he waves his Privilege: Yet by the Ulage of
the Court, on Attachment at the Suit of an Ator-
ney Plaintiff, though the Debt be but 40 s. fpe-
cial Bail fhall be given. Ibid. 260, 323. A Bill
must be filed, though an Attorney agrees to appear
and difpenfe with it; but it may in fuch Cafe be
filed
PR
PR
filed afterwards. And a Bill cannot be filed against
a Perfon priviledged in Vacation, for then he is not
prefent in Court. Hill. and Pafch. 9 W. 3. B. R. If
without filing a Declaration, an Action is brought
against an Attorney, &c. he may bring Attachment
of Privilege, and fuperfede the Action.
rol Pleas in our Court before us, according to the Liber-
ties and Privileges of fuch chief Clerk and his Clerks,
used and approved of in the fame Court, from the Time
whereof the Memory of Man is not to the contrary; in
an Action of Trespass, &c. And have you then there
this Writ. Witnefs, &c.
A Bill filed against a Member of Parliament, &c. the Temple, and upon a Motion to fet it aside, it
A
having Privilege..
Privileged Places. A Perfon was arrefted in
was infifted for him, that the Temple is privileged
from Arretts by the King's Grant; for which the
B. complains of C. D. Efq; &c. the faid C. D. Authority of Stow's Chronicle and Dugdale were al-
having Privilege of Parliament; for that, to ledged: But by Holt Chief Juftice, if the King hath
wit, That whereas the faid A. the Day, &c. in the Year made any fuch Grant to that Society, 'tis void in
of the Reign, &c. at Weſtminſter in the County of M. Law, they having no Court of Juftice within them-
aforefaid, accounted with the faid C. of and concerning felves: "Tis true the Temple is extraparochial, and
divers Sums of Money, before that Time due and owing not within any Pariſh, nor in the City, fo as to
by the faid C. to the faid A. and then being in Arrear and come within the Cuftoms of the City, but 'tis with-
unpaid; and upon that Account, the faid C. was then and in the County of the City; and White Friars is with-
there found in Arrearage to the faid A. in fixty five in the Jurifdi&tion of the City: Yet the Court in-
Pounds of lawful Money of Great Britain; and being clined not to countenance Arrefts in the Temple,
So found in Arrear, the faid C. afterwards, that is to fay, especially in Term-Time; though they would not
the fame Day of, &c. in the Year aforesaid, at Welt-fer afide this Arreft, fo the Defendant was held to
minſter aforesaid, in Confideration thereof did undertake, fpecial Bail. 9 W. 3. B. R. 3 Salk. 285. By an Act
and to the faid A. then and there faithfully promife, that made 8 & 9 W. 3. cap. 26. for preventing the many
be the faid C. would well and truly pay and content to the ill Practices ufed in privileged Places to defraud Per-
Said A the faid fixty-five Pounds, when after he should fons of their Debts; the pretended Privileges of
be thereto required: And alfo whereas afterwards, that White Fryars, the Savoy, Salisbury Court, Ram Alley,
is to say, the Day of, &c in the Year, &c. at W. afore- Mitre Court, Fuller's Rents, Baldwin's Gardens, Monta-
faid, be the faid C. was indebted to the faid A. in three gue Clofe, the Minories, Mint, Clink, or Deadman's
hundred Pounds of like lawful Money of Great Britain, Place, are taken away. And the Sheriffs of London
for fo much Money of the faid A. before that Time had or their Officers are enabled to take the Poffe Comi-
and received by the faid C. to the Ufe of the faid A. tatus, and fuch other Power as fhall be requifite,
And being fo indebted, he the faid C. afterwards, that is and enter fuch privileged Places to make any Arreft
to fay, the fame Day and Year laft abovefaid, at, &c. on legal Procefs, and in Cafe of Refuſal, to break
aforefaid, in Confideration thereof undertook, and to the open Doors; and if fuch Sheriff, Bailiff, &c. thall
faid A. then and there faithfully promifed, that he faid neglect with fuch Force to ufe their belt Endea-
C. would well and truly pay the faid three hundred Pounds vours for executing any Procefs, they fhall forfeit
to the faid A. whenever after he should be thereunto re- to the Plaintiff 100 l. to be recovered in any of
quired, &c. Nevertheless the faid S. not regarding his Courts at Westminster; and if any Perfon doth refift
faid feveral Promiſſes and Undertakings, made in Manner the Officers in executing any Procefs, or any who
as above, but contriving and fraudulently intending, crafti- fhall be aiding and affifting to them, he fhall forfeit
ly and fubtilly to deceive and defraud the faid A. in this 50 1. fuffer Imprifonment, and be fet in the Pillory,
particular, bath not paid the faid A. the faid feveral Sums as the Court of Affifes, Gaol-Delivery, &c. fhall
of Money, or any Part th reof, nor in any Manner made think fit: Perfons rescuing any one arrested in the
him Satisfaction for the fame, although the faid C. was aforefaid pretended privileged Places, are to forfeit to
thereto required by the faid A. afterwards, to wit, on the the Plaintiff in the Action 500 1. On Non-payment
Day of, &c. in the Year, &c. abovementioned, and often whereof, within one Month after recevered in the
after, at W. aforefaid; but he the faid C. bath hitherto Courts at Weminfler, and Judgment figned, they
refufed, and ft.Il doth refufe fo to do, to the Damage of fhall be tranfported to the Plantations for feven
the faid A. five hundred Pounds; and therefore he brings Years; and returning within that Term, be ad-
his Suit, &c. And thereupon the fame A. prays the judged guilty of Felony without Benefit of Clergy;
Process of the Lord the King to be thereof made according alfo Harbourers and Concealers of fuch Refcuers
to the Form of the Statute in fuch Cafe made and provided; knowingly, are liable to Tranſportation, unless they
and it is granted to him, &c.
pay the Plaintiff his Debt for which the Action
was brought, with full Cofts, c. That Stat. 9 Geo. I.
c. 28. enacts, That if any Perfon within the Place
Form of the Writ of Summons thereon. commonly called Suffolk Place, or the Mint, in the
Parish of St. George in the County of Surry, or the
EORGE the Second, S. To the Sherff of pretended Limits thereof, fhall wilfully obftru&t or
M. Greeting: We command you, that you fummon oppofe any Perfons in the Serving or Executing any
C. D. (having Privilege of Parliament) that he be be-Writ, or legal Procefs, Rule or Order of Court, or
fore us at Westminster, on the Lay, &c. next after, Warrant of any Justice of Peace, &c. or affault or
&c. to answer to A. B. of a Plea of Debt, or Trespass abufe any Perfon, ferving or executing the fame,
upon the Cafe, as reasonably fhewn may he, that bewhereby he hall receive Damage or bodily Hurt,
ought to answer; and have you there this Writ. Wit- the Perfon offending fhall be deem'd Guilty of Fe-
nefs, c.
lony, and be transported to the Plantations, by
fuch Ways, and for fuch Time, and under fuch
Pains, as Felons in other Cafes: And upon Com-
plaint to three Juftices of Peace, &c. by any Perfon
who shall have a Debt owing from any one who re-
fides in the Mint, having a legal Procefs taken out
for Recovery thereof, if the Debt be above so 1.
on Oath, thereof, the Juices are impowered to if
fue their Warrant to the Sheriff of Surrey, to raiſe
the Poſſe, and to enter the faid pretended privileged.
Place, and arreft the Party, &c. And the Sheriff
neglecting or refufing, incurs a Forfeiture of 200 1.
G
G
.
Form of a Writ of Attachment of Privilege.
EORGE the Second, &c. To the Sheriff of
S. Greeting: We command you, that you attach
A. B. and C. D. if they are to be found in your Baili-
wick, and fafely keep them, fo that you have their Bodies
before us at Westminster, on the Day, &c. next after,
&c. to answer to E. F. Gentleman, one of the Clerks of
Edward Ventris, Efq; our chief Clerk, affigned to in
-
Perfons
3
PR
PR
1
Perfons refitting the Sheriff, c. or making a Ref Controverfies fometimes determined touching Lands
Cous of a Prifoner; or harbouring or concealing and Rights between Party and Party; as well as the
any Priſoner fo takén, or Perſon that reſcued him; Sufpenfion of Penal Laws, &c.
Sufpenfion of Penal Laws, &c. But this feemed
or who fhall exercife any unlawful Jurifdi&tion, or to be contrary to the 25 Ed. 3. cap. 4. And by Stat.
make or execute any pretended Ordinance for fup. 16 Car. I. cap. 10. it is declared, that neither the
porting any pretended Privilege, &c. within the faid King, nor the Privy Council, have Authority by Pe-
Place, for hindering the due Execution of legal Protition, Bill, c. to determine or difpofe of Lands,
cefs; every fuch Offender fhall be guilty of Felony, Tenements, Hereditaments or Goods and Chattels
and be tranſported: And Perfons in Vizards or Dif- of any Subject. The King with the Advice of his
guifes, oppofing the Execution of any Procefs in Council, publishes Proclamations binding to the
the Mint, or abetting any Riot or Tumult there, Subject; but they are to be confonant to, and in
fhall be adjudged guilty of Felony without Benefit Execution of the Laws of the Land: It is in the
of Clergy, &c. Perfons apprehending any Offender, Power of the Privy Council, to inquire into Crimes
and profecuting him to Conviction; or an Offender against the Government, and they may commit Per-
out of Prifon, difcovering and convicting two of his fons for Treafon, and other Offences against the
Accomplices, are entitled to a Reward of 40 1. The State, in order for their Trial in fome of the other
Rewards and Charge of raifing the Poffe for in- Courts; and any one or two of the Privy Council
forcing this A&t, are to be paid by the Sheriff, and may lawfully do it: But they take Cognifance
allowed in his Accounts, or repaid by the Treafury, of no private Matters that may be determined by
c. And by this Stature the Minters refiding in the the ordinary Laws in other Courts; yet the King-
Mint, not owing more than 50l. to any one Credi-dom of Ireland, and the Plantations are in many
tor, delivering up their Effects upon Oath, for the
Benefit of their Creditors, on Petition, and Notice
to Creditors, &c. were to be discharged by the Ju-
ftices in their Quarter-Seffions.
Re-
If a
fpects fubject to the Controul, and under the Di-
rection of the Privy Council of Great Britain; and
Law-Controverfies among the Subjects of Jerſey and
Guernsey, &c. are determined by the Privy Council.
3 Inft. 182. 4 Inft. 53. Wood's Inft. 458.. By Stat.
33 Hen. 8. cap. 23. Perfons examined by the Privy
Council, on Treafons, Murders, &c. done within or
without the Realm, may be tried before Commif
fioners of Oyer and Terminer appointed by the King
in any County of England: This Statute, as far as
it relates to Treafon committed within the King-
dom, is repealed by 1 & 2 P. & M. cap. 10.
Perfon be killed beyond Sea, out of the Realm,
the Fact may be examined by the Privy Council, and
the Offender tried according to the aforefaid Sta-
tute. Confpiracy by the King's Servants, against
the Life of a Privy Counsellor, &c. is Felony. 3 Hen.
7. cap. 14. And Perfons attempting to kill, or un-
lawfully affault any Privy Counsellor, when in the
Execution of his Office, are guilty of Felony,
without Benefit of Clergy, by the Stat. 9 Ann. cap.
16. And antiently if one did ftrike another Perfon
in the Houfe of a Privy Counsellor, or in his Prefence,
the Party offending was to be fined. 4 Inft. 53. No
Perfon born out of the King's Dominions, except
of English Parents, fhall be of the Privy Council. 12
W. 3. cap. 2. There is to be but one Privy Council
in Great Britain: And the Privy Council is not dif
folved by the Death of the King; but to continue
for fix Months, &c. 6 Ann. cap. 6, 7.
Privy Council, (Confilium Regis, Privatum Con-
filium) Is a moft honourable Affembly of the King
and Privy Counsellors in the King's Court or Palace,
for Matters of State. 4 Inft. 53. The King fits
himself in Council, and appoints Privy Counsellors
without Patent or Grant, by putting them on the
Lift, and on their Removal ftriking them out,
which he may do as he pleafes: They take an Oath
to the King, juftly to advife him, to keep Secrecy,
&c. Their Number at the first Inftitution was
Twelve; but at this Time is without Limitation, at
the King's Will: Next to the Lord Prefident of the
Council, the Lord Privy Seal fits in Council, the Se-
cretaries of State, and many other Lords and Gen-
tlemen: And in all Debates of the Council, the
Loweft delivers his Opinion firft, and the King de-
clares his Judgment laft; and thereby the Matter
of Debate is determined. 4 Inft. 55. Sir Edward
Coke has thefe notable Conclufions, with Refpe&t to
the Proceedings of the Privy Council, viz. That it is
confiftent with Safety, for a Privy Counsellor to give
the King Council when demanded; and that the
Trueft and beft Council is ever given to a Prince,
when the Queftion is fo evenly ftated and propound-
ed, as the Counſellor cannot difcern which way the
King himself inclines; that Refolution fhould ne-
ver precede Deliberation, nor Execution go before Dziby Seal, (Privatum Sigillum) Is a Seal that
Refolution; and when upon Debate and Deliberation, the King ufeth to fuch Grants or Things, as pafs
any Matter is well refolved by the Council, à the Great Seal 2 Inft. 554. Firft they pass the
Change of it upon fome private Information is nei- Privy Signet, then the Privy Seal, and laftly the
ther fafe nor honourable. 4 Inft. The Court of Privy Great Seal of England; and the Clerks of the Privy
Council is of great Antiquity: The Way of Govern- Signet-Office write out fuch Grants, Patents, &c.
ment in England, it is faid, was originally by the as pals the Sign Manual, which being tranſcribed
King and his Privy Council; though at prefent the and fealed with the Signet, is a Warrant to the
King and Privy Council, only intermeddle in Mat- Privy Seal, as the Privy Seal is a Warrant to the
ters of Complaint on fudden Emergencies; their Great Seal. Wood's Inft. 457. How the King's Grants,
conftant Bufinefs being to confult for the Publick Writings, and Leafes, fhall pass the three Seals,
Good, Honour and Welfare of the Realm, in Af-viz. the Privy Signet, the Privy Seal, and the Great
fairs of State. 4 Inft. 53. The Lords and Commons Seal; and the Duties of the Clerks of the Privy
affembled in Parliament, have oftentimes tranfmit-Signet, and Privy Seal, and what Fees fhall be paid
ted Matters of high Concern to the King and his to them, and many Articles concerning the Paffing
Privy Council: And A&ts of the Privy Council, whether of the King's Grants, &c. are mentioned in the
No Protection can be
Orders or Proclamations, were heretofore of very Statute 27 H. 8. cap. 11.
great Authority in England; and in the Reign of granted under the Privy Seal, but under the Great
King Hen. S. that King procured an Act of Parlia- Scal: But a Warrant of the King under the Privy
ment to be made, that with the Advice of his Privy Seal to ifiue Money out of his Coffers, is fufficient;
Council, he might fet forth Proclamations, which tho' not under the Privy Signet. 2 Inft. 555. 2 Rep.
fhould have the Force of Acts of Parliament; but 17. 2 Roll. Abr. 183. And the Privy Seal is fome-
that Statute was repealed in the Reign of King times used in Things. of lefs Confequence, that
Ed. 6. Though Acts of the Privy Council ftill con- never pass the Great Seal; as to diſcharge a Re-
tinued of great Authority until the Reigns of King cognifance, Debt, &c. But no Writs fhall pafs
Charles the First and Second: And by thefe were under the Privy Seal, which touch the Common
a
Law.
2
PR
PR
1
Law. 2 Inft. 555. And Matters of the Privy Seal the Defendant, may demand Oyer of the Will. 3
are not iffuable, or returnable in any Court, &c. Bulft. 72. An Executor being made by the Act of
3 Nelf. Abr. 211. Sec Keeper of the Privy Seal. the Party deceaſed himself, therefore the Law inti-
Dziwen, Was the Name of the Seal of King Ar-tles him to the Probate of the Will; and the Probate
thur, on which the Virgin Mary was engraved. Geoff cannot be revoked or altered, which would in Effect
of Monm. lib. 7. cap. 2.
make a new Will; yet it may be. fufpended by an
Do, Is a Prepofition, fignifying for, or in re- Appeal: But if Adminiftration be granted to one,
fpect of a Thing; as Pro Confilio, &c. And in Law, this is by the A&t of the Court; and if he after-
Pro in the Grant of an Annuity pro Confilio, fhewing wards become Bankrupt, &c. the Adminiftration
the Cauſe of the Grant amounts to a Condition may be repealed. 1 Roll. Rep. 226. Show. 293.
But in a Feoffment, or Leafe for Life, &c. it is Salk. 36. 2 Nelf. Abr. 1302. By the Statute 21 Hen.
the Confideration, and doth not amount to a Con- 8. cap. 5. it is ordained, that on Probate of Wills,
dition; and the Reafon of the Difference is, bec. 6 d. and no more fhall be taken by the Regi-
caufe the State of the Land by the Feoffment is fter, where the Goods of the Deccafed do not ex-
executed, and the Grant of the Annuity is execu-ceed five Pounds Value; and when the Goods of the
tory. Plowd. 412. Wood's Inft. 231.
Dobare, In the Laws of Canutus, was used for
to claim a Thing as a Man's own. Leg. Canut.
cap. 44.
I
Deccafed are above the Value of 5 1. and under 40 1.
the Fee to the Judge fhall be 2 s. 6 d. and to the
Regifter 1 s. and if the Goods exceed 40 7. in Va--
luc, the Judge's Fee is 2 s. 6 d. and to the Regiſter
2 s. 6 d. but this he may refufe, and take a Penny
for every ten Lines of the Will, . And if the
Officer takes more than his due Fees, he fhall for-
feit 10l. to be divided between the King and the
Party grieved. But it hath been held on this Sta-
tute, that a Tranfcript of the Will must be brought
to the Regifter ready ingroffed, and with Wax to
be fealed, fo that the Regifter, &c. may have no-
thing to do but to annex the Probate to it; and then
no Fee fhall be taken for fuch Tranfcript. 4 Inst.
336. Co. Ext. 166. The Power of granting Pro-
bates and Administrations of the Goods of Perfons
dying, for Wages or Work done in the King's Docks
and Yards, fhall be in the Ordinary of the Diocefe
where the Perfon dieth, or in him to whom. Power
is given by fuch Ordinary, exclufive of the Prero-
gative Court, &c. Stat. 4 & 5 Ann. cap. 16. Scc
Executor, &c.
Probate of Testaments, (Probatio Teftamentorum)
Is the Exhibiting and Proving Laft Wills and Tefta-
ments before the Ecclefiaftical Judge, delegated by
the Bishop, who is Ordinary of the Place where
the Party dies: And if all the Deceased's Goods,
Chattels and Debts owing to him, were in the fame
Dioceſe, then the Bishop of the Diocefe, &c. hath
the Probate of the Teftament; but if the Goods and
Chattels were difperfed in divers Dioceſes, ſo that
there were any Thing out of the Dioceſe where the
Parry lived, to make what is called Bona Notabilia,
then the Archbishop of Canterbury, or York, is the
Ordinary to make Probate by his Prerogative. Blount.
The Probate of a Will is ufually made in the Spiri-
tual Court, and this is done by granting Letters Te-
ftamentary to an Executor under the Seal of the
Court, by which the Executor is enabled to bring
any Action, c. And if fuch Letters Teftamentary
are granted to the Party who exhibits the Will, Probato, Is an Accuſer, or Approver; or one who
mcerly upon his Oath, by fwearing that he believ-undertakes to prove a Crime charged upon another.
eth it to be the Laft Will of the Deceaſed; this is Fleta, lib. 2. cap, 52.
called Proving it in common Form, and fuch a Pro-
bate may be controverted at any Time: If the Ex-
ecutor, befides his own Oath, produces Witneffes to
prove it to be the Laft Will of the Deceafed, and
this in the Prefence of the Parties who claim any
Intereft, or in their Abfence, if fummoned and
they do not appear; this is termed a Probate per
Teftes, which cannot be questioned after thirty
Years. 2 Nelf. Abr. 1301. Upon an Iffue whether
the Deceaſe made an Executor or no, the Probate
of the Will was adjudged to be good Proof. 2 Lill.
Abr. 375.
And where a Probate of a Will is pro-
duced in Evidence at a Trial, the Defendant can-
not ſay that the Will was forged, or that the Tefta-
tor was Non Compos Mentis, because it is directly
against the Seal of the Ordinary in a Matter where
he had a proper Jurifdiction; but the Defendant
may give in Evidence that the Seal itself was
forged, or that the Teftator had Bona Notabilia, or
he may be relieved on Appeal. 1 Lev. 235. Raym.
405.
As the Judge of the Spiritual Court only can
determine the Validity of Wills for Things Per-
fonal; therefore the Probate of fuch a Will, is un-
deniable Evidence to a Jury, and it may not be
controverted at Common Law. 1 Ld. Raym. 262. A
Probate, according to Holt Chief Justice, is Evidence
of a Will only as to Chattels : But if a Will of Lands
be loſt, it ſhall be allowed for fuch a Will con-
cerning Lands. Ibid. 731, 735. When Probate is
to be granted of a Will, wherein a Legacy is in-
terlined in a different Hand, and fuppofed to be
forged, the Executor has no Remedy but in the
Spiritual Court; where the Will ought to be proved,
with a fpecial Refervation as to that Claufe. 1 Peer
Will. 388. Notwithſtanding Appeal from a Will, a
Perfon is complete Executor by the Probate; though
the Probate may be traverfed, if an Executor Plain-
tiff do not conclude with a Profert bic in Curia, or
·
Procedendo, Is a Writ which lieth where an
Action is removed out of an Inferior Court, to a
Superior Court, as the Chancery, King's Bench, or
Common Pleas, by Habeas Corpus, Certiorari, or Writ
of Privilege; to fend down the Caufe to the Court
from whence removed, to proceed upon it, it not ap-
pearing to the higher Court that the Suggestion is
fufficiently proved. F. N. B. 153. 5 Rep. 63. 21
Fac. 1. cap. 23. And if the Party who fues out a
Habeas Corpus, or Certiorari, doth not put in good
Bail in Time, (where good Bail is required) then
there goes this Writ to the inferior Court to proceed
non obftante the Habeas Corpus, &c. 2 Lill. Abr. 376.
If a Certiorari or Habeas Corpus, to remove a Cauſe,
be returned before a Judge, the Judge will give a
Rule thereupon to put in good Bail by fuch a
Day, which if the Defendant, upon ferving his
Attorney with a Copy of the Rule, doth not do,
then the Judge will fign a Warrant for a Procedendo,
to remove the Caufe back again where the Action
was firſt laid : Alſo if Bail be put in at the Time,
and do not prove good, the Judge will grant a Rule
for better Bail to be put in by fuch a Day, or elfe
to justify the Bail already put in; which if the De-
fendant doth not do, the judge will then likewiſe
grant a Warrant for a Procedendo. 2 Lill. 377. Where
Bail put in on Removal of a Caufe into B. R. is
difallowed by the Court, if the Defendant upon a
Rule for that Purpoſe, and Notice given, refuſe to
put in better Bail, fuch as the Court fhall approve
of, a Procedendo may be granted; for Difallowing of
the Bail makes the Defendant to be in the fame
Condition as if he had put in no Bail, and until
the Bail is put in and filed, the Court is not pof-
feffed of the Caufe to as to proceed in it. Mi.b. 24
Car. B. R. After a Record returned, and the De-
fendant hath filed Bail in B. R. on a Caufe's being
removed, a Procedendo ought not to be granted; be-
7 T
cause
PR
PR
1
caufe by giving and filing Bail in this Court, the be an Indictment or Matter of Record in the
Bail below is difcharged. Sid. 313. 2 Nelf. Abr. 1304. Court, upon which the Writ iffues. 1 Hale's Hift. P.
And it hath been held, that by the Common Law if C. 575. All legal Proceedings take Commencement
a Certiorari be once filed, the Proceedings below can by original Writ, Indictment, or Information; or in
never be revived by any Procedendo. Hill. 6 Geo. B. R. by Bill of Middlefex, or Latitat, which is the
2 Hawk. P. C. 294. When a Caufe by the Custom of original Process of this Court; and is in Nature of
London is actionable, and will not bear an Action at an Original to caufe Appearance. 2 Lill. Abr. 377.
the Common Law, if upon a Habeas Corpus or Certi There is no Need of Process upon an
Indictment,
orari, brought to remove fuch Caufe into the Court. where the Defendant is prefent in Court; only
of B. R. it doth fo appear to the Court; the Court where he is abfent. 2 Hawk. 281. The Procefs on
will grant a Procedendo to authorife the Court of Indictments of Capias, c. is appointed by the 25
London to procced in the Matter; otherwife the Par Edw. 3. and 8 Hen. 6. In Actions of the Cafe; and
ty that brought the Action would be without Reme- Writs of Annuity and Covenant, by Stat. 19 Hen, 7.
dy. 2 Lill. Abr. 3.76 This Writ of Procedendo is 23 Hen. 8. And no Writ, Process, c. fhall be dif
called a Procedendo in Loqueli.
continued by the King's Death. 45 W. & M.
4
Procedendo on Aid Prayer. If a Man Pray in Ann. If Process is awarded out of a Court which
Aid of the King, in a real Action, and the Aid be hath not Jurifdi&tion of the principal Caufe, it is
granted; it fhall be awarded that he fue to the King coram non Judice and void: And the Sheriff executing
in the Chancery, and the Juftices in the Common Pleas it will be a Trefpaffer. 2 Leon. 89. Proceedings in
ſhall ſtay until the Writ of Procedendo in Loquela come the Superior and Inferior Courts must be regularly
unto them: And if it appear to the Judges by and formally entered, according to the legal
Pleading or fhewing of the Party, that the King Course; or they may be reverfed for Error in B. R.
hath Intereft in the Land, or fhall lofe Rent or 2 Lill. 379. Anciently all Law Proceedings and
Service, &c. there the Court ought to stay until
they have from the King a Procedendo in Loquela:
And then they may proceed in the Plea, until they
come to give Judgment; when the Juftices ought
not to proceed to Judgment, without a Writ for
that Purpofe. New Nat. Br. 342. So in a perfonal
Action, if the Defendant Pray in Aid of the King,
the Judges are not to proceed until they receive a
Procedendo in Loquela. And though they may then
proceed and try the Iffue joined, they shall not give
Judgment until a Writ comes to them to proceed
to Judgment. Ibid.
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22 Car. 2. c. 3.
Pleadings, &c. were in French: Though by Statutes
fince made, it was enacted, that they should be
pleaded and answered in English, and entered and
inrolled in Latin. 36 Ed. 3. c. 15.
The old Entries of the Law Proceedings in French
was required by Will. 1. called the Conqueror, it be-
ing a Language which he himself knew; and the
Ufe of Latin, is laid to be introduc'd by the, Cler-
gy, when the Bishops and other Spiritual Perfons
were Judges, and chief Officers of our Courts;
and this they did, as knowing whatever Alteration
there were in national Languages, the Latin would
eccedendo ad Judicium, Lies, where the Judges be generally understood. Yet fome give another
of any Court delay the Party, Plaintiff or Defen- Reafon for it, that it was done to keep the Peo-
dant, and will not give Judgment in the Caufe, ple in Ignorance, and to have in their own Power
when they ought to do it. Wood's Inft. 570. If Ver-only the Interpretation of the Laws. Fortefcue
dict pafs for the Plaintiff in Affife of Novel Difeifin 100. By a late Statute, all Proceedings in the
before the Justices of Affife, and before they give Courts of Juftice in England, and in the Court of
Judgment, by a new Commiffion, new Juftices are Exchequer in Scotland, viz. all Writs, and Process
made; the Plaintiff in the Affife may fue forth a thercon, Pleadings, Indictments, Informations, Pre-
Certiorari directed to the other Juftices to remove fentments, Inquifitions, Verdicts, Records, Judg.
the Record before the new Juftices; and another ments, Commiffions, Pardons, Statutes, Bonds,
Writ to the new Juftices to receive and infpect the Rolls, Entries, Fines and Recoveries, Proceedings
Record, and then proceed to Judgment, &c. New of Courts Leet and Courts-Baron, &c. fhall be in
Nat. Brev. 342, 343. Where the Authority of Com-the English Tongue, and not in Latin or French; and
miffioners of Oyer and Terminer, &c. is fufpended by be written in a common Ingroffing Hand, not Court
Writ of Superfedeas; their Power may be reftored by Hand, in Words at length, &c. on Pain of forfeit
a Writ of Procedendo. Regift. 124. 12 Aff. 21. H.ing the Sum of 50 1. And Mitranflations, Errors
in Form, and Miftakes of Clerkship, may be a-
Process, (Proceffus, à Procedendo ab initio ufque ad mended before or after Judgment: Alfo the Sta-
finem) Is fo called, because it proceeds or goes out, tutes of Feofails fhall extend to all Forms, and Pro-
upon former Matter, either original or judicial; ceedings in English, except in criminal Cafes. But
and hath two Significations: First, it is largely this Statute extendeth not to the Court of Admiralty,
taken for all the Proceedings in any Action, real as to certifying any Proceedings beyond the Seas,
or perfonal, civil or criminal, from the Beginning c. which may be in Latin as formerly. Stat. 4
to the End Secondly, we call that the Process by Geo. 2. cap. 26. And in the Court of Receipt of
which a Man is called into any Temporal Court, the Exchequer in England, Officers and Clerks may
becauſe it is the Beginning or principal Part there- carry on their Bufinefs in their ufual Courfe; alfo
of, by which the reft is directed; or if taken ftri&t-Writs, Procefs, Pleadings, c. may be written ex-
ly, it is the Proceeding, after the Original, before preffing Numbers by Figures, and with ufual Ab-
Judgment. Briton 138. Lamb. lib. 4. Crompt. 133. breviations in English; and Names of Writs, &c.
8 Rep. 157. Proceffes are General, or Special; and to be expreffed in the fame Language as hath been.
fpecial Process is that which is especially appointed commonly ufed, by 6 Geo. 2. c. 6. 14.
for any Offence, &c. by Statute: And there is a
very great Diverſity of Proceffes. F. N. B. Procefs
to call Perfons into Court, c. mult be in the
Name of the King; and if it iffue from the Court
of King's Benh, it ought to be under the Teste of
the Chief Juftice, or of the fenior Judge of the
Court, if there be no Chief Juftice; and if it iffu-
eth from any other Court, it is to be under the
Teſte of the first in Commiffion, &c. Dalt. ch. 132.
Finch 436. Cro. Car. 393. No Procefs fhall regular-
ly iflic in the King's Name and by his Writ, to ap-
prehend a Felon or other Malefactor, unless there
P. C. 162.
?
Procellion. In Cathedral and Conventual Churches,
the Members had their ftated Proceffions, wherein
they walked in their most ornamental Habits, with
Mufick before them, finging of Hymns, and other
fuitable Solemnity: And in every Parish, there
was a cuftomary annual Proceffion of the Parish
Pricft, the Patron of the Church, with the chief
Flag, or holy Banner, and the other Parishioners,
to take a Circuit round the Limits of the Parifi
or Manor, and pray for a Bleffing on the Fruits of
the Earth; to which we owe our prefent Cuſtom
of Perambulation, which in moſt Places is fill called
I
Pro-
1.
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Preceſſioning, and going in Proceffion, though we have
loft the Order and Devotion, as well as Pomp and
Superftition of it.
Proceffum continuando, Is a Writ for the Con-
tinuance of Proceſs, after the Death of the Chief Ju-
ftice, or other Juftices in the Commiffion of Oyer
and Terminer. Reg. Orig. 128.
:
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bind, &c. Cro. Car. 150. Vide King, and Privy
Council.
·
At the latter
Proclamation of Courts, Is ufed particularly
in the Beginning or Calling of a Court, and at
the Discharge or Adjourning thereof; for the At
tendance of Perfons, and Difpatch of Business in-
cident thereto : And before a Parliament is diffol-
ved, &c. Publick Proclamation is to be made, that
if any Perfon hath any Petition, he fhall come
in and be heard. Lex Conftitut. 156.
End of the Affifes, there is usually Proclamation
made, that no more Records of Nifi Prius, fhall be
put in to be tried at that Affifes; after which they
will not be received, and all Perfons who have not
then put in their Records of Nifi Prius may depart,
and are bound to give no longer Attendance at
that Affifes. Pafeb. 1652. 2 Lill. Abr. 381. Procla-
Formation is made in Courts Baron, for Perfons to come
in and claim vacant Copyholds, of which the Te-
nants died feifed fince the laft Courts; and the
Lord may feife a Copyhold, if the Heir come not
in to be admitted upon Proclamation, &c. 1 Lev.
63.
Prochein Amy, (Proximus Amicus) Is ufed in
Law for him that is the next Friend, or next of Kin
to a Child in his Nonage, and in that Respect is al
lowed to deal for the Infant in. the Management of
his Affairs; as to be his Guardian if he holds Lands
in Socage, and in the Redress of any Wrong done
to him, Stat. Weftm. 1. cap. 45. Weftm. 2. cap. 15.
Westm. 2. cap. 15.
2 Inft. 261. And Prochein Amy is commonly taken
for Guardian in Socage; but otherwife it is he that
appears in Court for an Infant who fues any A&tion,
and aids the Infant in Purfuit of his Action:
to fue, an Infant may not make an Attorney, but
the Court will admit the next Friend of the Infant
Plaintiff; and a Guardian for an Infant Defendant:
If no Guardian is appointed by the Father, &c. of
an Infant, the Courfe of the Court of B. R. bath
been to allow one of the Officers of the Court to
be Prochein Amy to the Infant to fuc. Terms de Ley
493. 2 Lill. Abr. 52. It hath been held, that a
Guardian and Prochein Amy, are diftin&, though
either of them may be admitted for the Plaintiff be-
ing an Infant. Prochein Amy was never before the
Statute Weftm. 1. and was appointed in Cafe of Ne-
ceffity, where an Infant was to fue his Guardian, or
the Guardian would not fue for him; for which
Reaſon he may be admitted to fue by Prochein Amy,
when he is to demand or gain any Thing. 2 Nelf.
Abr. 997. The Plaintiff Infant may fue per Guar-
dianum, or per Proximum Amicum ad profequendum;
and if the Admiffion is to fue per Guardianum, when
it fhould be per Proximum Amicum, it will be well
enough, there being many Precedents both Ways:
But if he is fued, it muſt be per Guardianum. Cro.
Car. 86, 115. Hut. 92. If an Infant be disturbed
by the Chief Lord, fo that he cannot bring Affife,
his Prochein Amy fhall be admitted. 3 Ed. 1. cap. 48.
So where the Infant is Eloined, &c. 13 Ed. 1. cap. 15.
Sce Infant.
Prochein doidance, Is nothing but a Power to
Prefent a Minifter to a Church when it fhall be
come void: As where one hath Prefented a Clerk
to a Church, and then grants the next Avoidance to
another, &c. See Avoidance.
Proclamation, (Proclamatio) Is a Notice pub-
lickly given of any Thing, whereof the King thinks
fit to advertiſe his Subjects: As that if a Man do
not furrender himſelf, at fuch a Time, he ſhall be
eſteemed a Rebel; or to forbid or command a
or to forbid or command a
Thing; and it is a Branch of the King's Preroga-
tive, by which he may do many Things alone.
7 R. 2. cap. 6. 3 Inft. 162. Shep. Epit. S19. And in
this Senfe, none may make any Proclamation with-
out the King's Authority; except Mayors, or fuch
like Governors of Towns, &c. by Cuftom or Privi-
lege. Crompt. Furifd. 41. By the Stat. 31 Hen. cap. 8.
The King's Proclamation was to be of the fame Ef-
fect as an Act of Parliament; not to prejudice Life,
Liberty, &c. and Contemners of it to be adjudged
Traytors. The King may make a Proclamation to
his Subjects, Quoad terrorem Populi, and put them in
Fear of his Ditpleaſure; but not upon any other
certain Pain, as Forfeiture of their Lands or Goods,
or to undergo the Penalty of a Fine and Imprifon-
ment, &c. Dalif. 20˚ 2 Lill. Abr. 381, 382. Yet the
King by his Proclamation may inhibit his Subje&s
that they go not out of the Realm, without Li-
cenfe; and if the Subject act contrary thereunto,
for this Contempt he fhall be fined to the King.
12 & 13 Eliz. Dyer 296. There are Proclamations
of divers Kinds; and a Proclamation is to be pleaded
under the Great Seal, without which it doth not
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:
Proclamation of Exigents. On awarding an
Exigent, in order to Outlawry, a Writ of Procla
mation iffues.to the Sheriff of the County where
the Party dwells, to make three Proclamations for
the Defendant to yield himfelf, or be outlawed.
Stat. 6 Hen. S. cap. 4. 31 Eliz. cap. 3. 4 & 5 Will.
& Mar.
Proclamation of a fine. When any Fine of
Land is paffed, Proclamation is folemnly made there-
of in the Court of Common Pleas where levied,
after the Ingroffing it; and Tranfcripts are alfo
fent to the Juftices of Affife, and Juices of the
Peace of the County in which the Lands lie, to be
openly proclaimed there. 1 R. 3. cap 7.
Proclamation of Mulances. By Statute, Procla-
mation is to be made against Nufances, and for the
Removal of them, &c. 12 R. 2.
Proclamation of Rebellion, Is a Writ, whereby
a Man, not appearing upon a Subpoena, or an Attach-
ment in the Chancery, is reputed and declared´a Rebel,
if he render not himfelf by a Day affigned. Sce
Commiffion of Rebellion.
Proclamation of Beculants. There is a Pro-
clamation of Recufants, by which they ſhall be con-
vi&ted, on Non-appearance at the Affifes. 29 Eliz.
3 Fac. 1.
Proclamation of Statutes, Is for their better
Obfervance, and that the People may avoid the
Penalties thereof.
Dio confeffo, Is where a Bill is exhibited in
the Chancery, to which the Defendant appears, and
is afterwards in Contempt for not anfwering; when
the Matter contained in the Bill fhall be taken as
if it were confeſſed by the Defendant. Terms de Ley
494. If a Defendant is in Cuftody for Contempt
in not answering the Complainant's Bill, upɔn a
Habeas Corpus, which is granted by Order of Court,
to bring him to the Bar, the Court affigns him a
Day to answer; and the Day being expired, and no
Antwer put in, a ſecond Habeas Corpus is iffucd, and
the Party being brought into Court a further Day
is affigned; by which Day, if he answer not, the
Bill upon the Plaintiff's Motion fhall be taken Pro
confeffo, unless Caufe be fhewed by a Day; and for
Want of fuch Caufe fhewed on Motion, the Sub-
ftance of the Bill ſhall be decreed to the Plaintiff.
Hill, 1662. Alfo after a fourth infufficient Anſwer
made to the Bill of the Complainant, the Matter
of the Bill not fufficiently answered unto by the
Defendant fhall be taken Pro confeffo, aud decreed
accordingly.
Proñoz, (Procurator) Is he who undertakes to
manage another Man's Caufe, in any Court of the
Civil or Ecclefiaftical Law, for his Fee: Qui aliena
negotia gerenda fufcipit.
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Proctors of the Clergy, (Procuratores Cleri) Are
thote who are chofen and appointed to appear for
Cathedral or other Collegiate Churches; as alfo
for the common Clergy of every Diocefe, to fit in
the Convocation Houfe in the Time of Parliament.
On every new Parliament the King directeth his
Writ to the Archbishop of each Province, for the
Summoning of all Bishops, Deans, Archdeacons,
to the Convocation, and generally of all the
Clergy of his Province, affigning them the Time
and Place in the Writ; then the Archbishop of
Canterbury, upon his Writ received, according to
Cuftom directs his Letters to the Bishop of London,
as his provincial Dean, firft citing himself peremp-
torily, and then willing him to cite in like Man-
ner, all the Bishops, Deans, Archdeacons, &c. and
generally all the Clergy of his Province to the
Place, and against the Day prefixed in the Writ;
but. dire&teth withal, that one Proctor be fent for
every Cathedral or Collegiate Church, and two
Proctors for the Body of the inferior Clergy of
each Diocefe; and by Virtue of thefe Letters au-
thentically fealed, the faid Bishop of London di-
reats his like Letters feverally to the Bishop of
every Diocese of the Province, citing them in
like Sort, and willing them not only to appear, but
alfo to admonish the faid Deans and Archdeacons
perfonally to appear; and the Cathedral and Col-
legiate Churches, and the common Clergy of the
Dioceſe to fend their Proctors to the Place at the
Day appointed; and alfo willeth them to certify to
the Archbishop the Names of all and every Per-
fon fo warned by them, in a Schedule annexed to
their Letter certificatory: Then the Bishops pro-
ceed accordingly, and the Cathedral and Colle-
giate Churches, and the Body of the Clergy make
choice of their Proctors; which being done and cer-
tified to the Bishop, he returneth all at the Day.
Corvel.
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tores Ecclefiarum; and the Advocates of religious
Houfes, who were to folicit the Interefts, and plead
the Caufes of the Societies, were denominated
Procuratores Monafterii; and from this Word comes
the common Word Proctor. It is likewife ufed for
him that gathers the Fruits of a Benefice for an-
other Man; and Procuracy for the Writing or In-
ftrument whereby he is authorifed. 3 R. 2. c. 3.
Procurfus, Signifies the Genealogy of a Man.
Matt. Parif. Anno 1130.
Prodes Homines, Is a Title often given in our
old Books to the Barons of the Realm, or other
military Tenants, that
military Tenants, that were fummoned to the
King's Council, and were no more than Difcreti &
fideles Homines, who according to their Prudence
and Knowledge were to give their Counsel and
Advice.
Proditozie, A Word neceffary in Indictments of
2 Hawk. P. C. 224.
Treafon.
I. c. I.
I
Profanenels, (Qu. procul à fano) Is a Difrefpe&
paid to the Name of God, and to Things and Per-
fons confecrated to him. Wood's Inft. 396. And
Profaneness is punishable by divers Statutes; as for
reviling the Sacrament of the Lord's Supper, pro-
fanely ufing the Name of God in Plays, &c. Pro-
faning the Lord's Day, Curfing and Swearing, &c.
1 Ed. 6. c. I. 1 Eliz. c. I. 3 Fac. 1. c. 21. 1 Car.
13 Car. 2. c. 9. 6 & 7 W. 3. c. 11.
Profer, (Profrum, vel Proferum, from the Fr.
Proferer, i. c. Producere) Is the Time appointed for
the Accounts of Sheriffs, and other Officers in the
Exchequer, which is twice in the Year. Stat. 51 H. 3.
As to the Profers of Sheriffs, though the certain
Debet of the Sheriff could not be known before
the Finiſhing of his Account; yet it feems there
was anciently an Eftimate made of what his con-
ftant Charge of the annual Revenue amounted to,
according to a Medium, which was paid into the
Exchequer at the Return of the Writ of Summons
of the Pipe; and the Sums fo paid were and are
to this Day called Profre Vicecomitis: But although
thefe Profers are paid, if upon the Conclufion of
the Sheriff's Accounts, and after the Allowances
and Difcharges had by him, it appears that there
is a Surplufage, or that he is charged with more
than he could receive, he hath his Profers paid or
allowed to him again. Hale's Sher. Account_52.
There is a Writ, De Attornato Vicecomitis pro Pro-
fro faciendo. Reg. Orig. 139. And we read of Pro-
fers in the Statute 32 Hen. S. cap. 21. in which Place
Profer fignifies the Offer and Endeavour to proceed
in an Action. See Briton, cap. 28. and Fleta, lib. 1.
cap. 38.
ten-
Profer the Half-Mark, That is to Offer or
or
der the Half-Mark. Vide Half Mark.
Procurations, (Procurationes) Are certain Sums
of Money which Parish Pricfts pay yearly to the
Bishop or Archdeacon, ratione Vifitationis: They
were anciently paid in neceffary Victuals for the
Vifitor and his Attendants; but afterwards turned
into Money And Complaints were often made of
the exceffive Charges of the Procurations, which
were prohibited by feveral Councils and Bulls;
and that of Clement the Fourth is very particular,
wherein Mention is made that the Archdeacon of
Richmond, vifiting the Diocefe, travelled with one
Hundred and three Horfes, twenty-one Dogs, and
three Hawks, to the great Oppreffion of religious
Houſes, &c. These are alfo called Proxies; and it
is faid there are three Sorts of Procurations,
Proxies; Ratione vifitationis, Confuetudinis, & Pacti;
and that the first is of Ecclefiaftical Cognifance,
but the two laft are triable at Law. Hardr. 180.
A Libel was brought in the Spiritual Court for
Procurations by the Archdeacon of York, fetting
forth, that for ten or twenty Years, &c. there had
been due and paid to him fo much yearly by a
Parfon and his Predeceffors; who fuggefted for a
Prohibition, that the Duty had been payable, but
denied the Prefcription, and that the Ecclefiaftical
Court cannot try Prefcriptions; but it was adjudg-
ed, that Procurations are payable of common Right,
as Tithes are, and no Action will lie for the fame
at Common Law; if he had denied the Quantum,
then a Prohibition might go. Raym. 360. See Stat.
34 Hen. 8. cap. 19.
Profert in Curía, Is where the Plaintiff in an
Action declares upon a Deed, or the Defendant
pleads a Deed, he must do it with a Profert in Curia,
to the End that the other Party may at his own
Charges have a Copy of it, and until then he is
not obliged to anſwer it. 2 Lill. Abr. 382. And if
a Man pleads by Virtue of an Indenture, which is
loft, on Affidavit made thereof, the Court will
compel the Plaintiff to fhew the Counterpart, that
the Defendant may plead thereto; or will grant an
Imparlance. Cro. Fac, 429. When he who is Party
or Privy in Eftate or Intereft, or who juftifies in
the Right of him who is Party or Privy, pleads a
Deed; notwithstanding the Party privy claims but
Part of the original Eftate, yet he must fhew the
Procurato2, Is one who hath a Charge commit- original Deed. 10 Rep. 92, 93. But where a Man
ted to him by any Perfon; in which general Sig- is a Stranger to a Deed, and claims nothing in
nification it hath been applied to a Vicar or Lien- it, &c. there he may plead the Patent or Deed,
tenant, who acts instead of another; and we read without a Profert in Curia. Ibid. A Man may claim
of Procurator Regni, and Procurator Reipublice, which under a Deed of Uſes, without fhewing it; becauſe
is a publick Magiftrate: Alfo Proxies of Lords in the Deed doth not belong to him, though he claims
Parliament are in our Law-Books called Procura- by it, but the Covenanter's, and he hath no Means
the Bishops are fometimes termed Procura-to obtain it; and for that it is an Eltate exccuted
tores
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by the Statute of Ufes, fo as the Party is in by
Law, like unto Tenant in Dower, or by Statute,
who may have a Rent charge extended, and need
not fhew the Decd. Cro. Car. 442. And in Things
executed, or Eftates determined, there need not
be any Profert in Curia. 3 Lev. 204. Alfo an Af
fignce of Commiffioners of Bankrupts, need not
thew the Bond to the Bankrupt, becaufe he comes
in by A&t of Law, &c. Cro. Car. 209. By Statute,
no Advantage or Exceptions fhall be taken for
Want of a Profert in Curia; but the Court fhall give
Judgment according to the very Right of the Caufe,
without regarding any fuch Omiffion and Defect,
except the fame be fpecially and particularly fet
down, and fhewn for Caufe of Demurrer. 4 & 5
Ann. cap. 16. Where a Deed is pleaded and fhewn
in Court, the Deed in Judgment of Law remains
in Court all the Term in which it is fhewn; and if
it be not denied, then at the End of the Term it
is delivered to the Party whofe it is: And if it be
denied, it ſhall ſtill remain in Court, for if it be
found Non eft factum, it fhall be damned. 5 Rep. 74,
75, 47. See Monftrans de fait, and Oyer, &c.
Profellion, (Profeſſio) Is ufed particularly for the
Entring into any Religious Order, &c. By which a
Monk offered himself to God, by a Vow of three
Things, viz. Obedience, Chaftity, and Poverty,
which he promiſed conftantly to obferve; and this
was called "Sanctæ Religionis Profeffio, and the Monk a
Religious profeffed. New Book Entr. And in our
Law, this Entring into Religion, whereby a Man
is fhut up from all the common Offices of Life, is
termed a Civil Death.
Profits. A Devife of the Profits of Lands, is a
Devile of the Land itfelf. Dyer 210. A Husband
deviſed the Profits of his Lands to his Wife, until
his Son came of Age, this was held to be a Devife
of the Lands until that Time: Though if the
Land were deviſed to the Son, and that his Mo-
ther ſhould take the Profits of it until he come of
Age, &c. this would give the Mother only an Au-
thority, and not an Intereft. 2 Leon. 221. By De
vife of Profits, the Lands ufually pafs; unless there
are other Words to fhew the Intention of the Te-
ftator. Moor 753, 758. 2 Nelf. Abr. 1951.
C.
ogramma, In the old Saxon fignifies a Let
ter fealed with the King's Seal. Spec. Sax. lib. 3.
Art. 34.
Diohibition, (Prohibitio) Is a Writ iffuing out of
the Chancery, King's Bench, or Common Pleas,
to forbid the Spiritual Court, Admiralty Court,
c. to proceed in a Caufe there depending, upon
fuggeſting that the Cognifance thereof belongs not
to the faid Courts, but to the Common Law
Courts. F. N. B. 39, 40, &c. Or it may prohibit
the Judges of any Temporal Court, from proceeding
in any Caufe out of their Jurifdi&tions: And the
King's Courts, that may award Prohibitions, being
informed by the Plaintiff or Defendant, or by any
Stranger, that any Court Temporal or Ecclefiafti-
cal do hold Pica where they have no Jurifdiction,
may lawfully prohibit that Court, as well after Judg.
ment as before. 2 Inft. 229, 601, 602. 4 Rep. 127.
Finch 450. This Writ is directed not only to the
Judge, but the Parties; and if the Judge of the in-
ferior Court, or the Party, proceeds notwithftand-
ing the Prohibition, an Attachment may be had a
gainst them, or A&tion of the Cafe: But on a Pro-
hibition in the Spiritual Court, the Party may ap-
pear, and take a Declaration upon the Suggeftion,
and go to Trial; and if thereupon it be found
against the Plaintiff in the Prohibition, a Writ of
Confultation fhall be awarded, with Colts. 2 Lill. Abr.
384. Wood's Inft. 570. 8 & 9 W. 3. A Prohibition is
generally a proper Remedy where a Court exceeds
its Jurifdi&tion; and Prohibitions are granted either
pro defectu Jurifdi&tionis, or pro defectu Triationis: In
a Prohibition, upon Motion for a Confultation, it was
infifted, that it ought not to be granted without
pleading or demurring to the Prohibition; but it was
held, that anciently in B. R. there were no Decla-
rations or Demurrers upon Prohibitions, and there-
fore Confultations were granted upon Motions.
1 Ventr. 180. 3 Salk. 287. In Cafes of Prohibitions,
where they were granted upon a Motion, the an-
cient Courfe was, that the Party prohibited fued out
a Scire facias, Quare Confultatio non debet concedi poft
Prohibitionem, in which Writ the Suggestion was re-
cited, and alfo the Prohibition granted thereon ad
Damnum of the Party: Afterwards this Practice
was altered, and the Courfe came to be thus,
(viz.) upon granting a Prohibition to the Plaintiff,
the Court bound him in a Recognisance to profe-
cute an Attachment of Contempt against the Defen-
dant for fuing in the Spiritual Court, &c. after a
Prohibition granted, and then to declare upon the
Prohibition; fo that he who was the Defendant in..
that Court, now becomes Plaintiff in the Court
above. Plowd. 472. 3 Salk. 289. If any Matter.
appears in the Declaration in an inferior Court,
which fheweth that the Cauſe of Action did not
arife infra Jurifdictionem; or the Subject Matter be
not proper for the Judgment of fuch Court; or if
the Defendant who intended to plead to the Jurif
diction is prevented by any Artifice, or his Plea
be not accepted or is over-ruled, in all thefe Cafes
a Prohibition will lie at any Time: But not after
the Defendant hath admitted the Jurifdiction by
pleading to the Action, &c. 2 Mod. 273. A Probi-
bition lies in all Caufes wherein a Habeas Corpus
doth lie at Common Law; but it is most common-
ly granted to the Spiritual Courts, where a Caufe
belongs to the Temporal Jurifdiction: And the
Court ought not to deny a Perfon a Prohibition that
prays it, if there be Caufe therefore; the Grant-
ing Prohibitions being not a diferetionary A&t of the
Court, but ex merito Juftitia; tho' a Prohibition will
not be granted on Motion the last Day of the
Term, but fometimes in fuch a Cafe, a Rule has
been made to ftay Proceedings until next Term.
2 Lill. Abr. 385, 388. Raym. 4, 92. Prohibition may
be granted to the Court of the Earl Marshal, by
the Courts of Common Law, if it exccedeth its
Jurifdiction; and it hath been ftrongly infifted
on, that the Court of the Conftable and Marthal
may also be prohibited, but there having been no
Court holden before the Conftable and Marfhal
for many Years paft, little is mentioned in our
Books on that Head. 2 Hawk. P. C. 14.
Court of B. R. may by the Common Law grant a
Prohibition to the Court of Admiralty, to ftay their
Proceedings, if they hold Plea of any Matter
which the Jurifdiction of their Court doth not ex-
tend to: And the Defendant in the Court of Ad-
miralty may have a Prohibition, after he hath plead-
ed, although he cannot have it to an inferior
Court; for an inferior Court doth not draw the
Matter in Queftion ad aliud Examen, but doth pro-
ceed therein according to the Common Law; but
the Court of Admiralty doth draw the Matter ad
aliud Examen, that is to try it by the Civil Law;
and therefore, and that the Common Law may not
be injured, this Court will use their Authority at
any Time to ftay Proceedings in the Admiralty,
though the Defendant by his incautelous Pleading
bath allowed their Jurifdi&tion. Trin. 23 Car. B. R.
2 Lill. Abr. 387. Upon a Suggeftion that the Ad-
miralty holds Plea upon a Promife, &c. made infra
Corpus Comitatûs, which is not triable there, but at
Common Law, a Prohibition lies; but the Surmife
and Suggestion must be abfolute and certain, that
a Promife was actually made infra Corp. Comitat.
for upon an uncertain Suggeftion no Prohibition can
be granted, and no Iffue can be taken upon it tho'
it fhould be falfe. 2 Lill. 384. If the Court of Ad-
miralty proceeds in any Matter, which is not Ma-
7 U
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ritime,
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ritime, although the Thing were done upon the f in the Ecclefiaftical Court: Though a bare Pre-
Sea; the Court of B. R. will grant a Prohibition; fcription is not fufficient for a Prohibition, except it
the Admiralty having Jurifdi&ion only in Ma- concerns a Layman; for it was never granted, where
ritime Caufes, viz. fuch as concern Sea Affairs, and a Perfon claimed a Penfion by Prefeription. 2 Lev.
not of all Matters done at Sea, as of Contracts, 103. Salk. 350. If in fuing for Tithes, &c. the
&c. Ibid. 378. Prohibition doth not lie to the Ad- Boundaries of Parishes come in Queftion, Prohibi-
miralty to flop Proceedings on a Bond made be- tion lies; because the Bounds of Pariſhes are triable
yond Sea, fued there; nor for a Suit for Mariners at Common Law. I Cro. 228. Though a Prohibition
Wages, &c. and a Prohibition lies not to that Court was denied, where the Bounds of two Vills in the
in Cafes of Felony which are to be tried there. fame Parish were contested. 1 Lev. 78. And it
3 Leon. 514. 3 Lev. 60. 2 Lill. 389. Prohibitions may hath been adjudged, that where a Thing triable at
be granted to the Prerogative Court, to hinder Law is collateral to the Complaint in a Libel, and
them from granting Letters of Administration con- of which the Spiritual Court have original Jurif
trary to Law; or to prevent any other Proceedings, diction, they fhall not be prohibited; as where the
which are not agreeable to the Common Law. Hill. Libel is for the Tithes of fuch a Clofe, here they
22 Car. B. R. But if the Ecclefiaftical or Spiritual have an original Jurifdiction of the Cauſe, viz. for
Courts proceed wholly on their own Canons, they Tithes; then the Defendant pleads that it is not
fhall not be prohibited by the Common Law; for his Clofe, but the Clofe of another Perfon; this is
-they fhall be prefumed to be the beft Judges of their triable at Law, but being collateral to the original
own Laws: Though if they proceed upon Tempo- Caufe, it fhall be tried in the Spiritual Court. Sid.
ral Matter, or act in Derogation of the Common 89. 3 Nelf. Abr. 12. A Libel was for Tithes, the
Law, by queſtioning a Matter not triable by them, Defendant pleaded an Award, and prayed a Probibi-
&c. Prohibition fhall be granted. 2 Roll. Rep. 439. tion for that an Award is Matter friable at Law;
1 Bulft. 159. Where the Ecclefiaftical Court hath but a Prohibition was denied: And it is the fame if
the fole Cognifance of a Caufe, their Proceedings a Suit is for a Legacy, and the Defendant fuggefts
are not examinable at Common Law, though erro- Payment for a Prohibition, or if an Acquittance is
neous; and no Prohibition will lie, but an Appeal to pleaded, no Prohibition fhall go; becauſe where the
the Delegates. Mar. b. 92. But of Things whereof Spiritual Court hath a Jurifdiction of the original
our Law, and the Ecclefiaftical Law, take Cogni- Matter, if any fubfequent Matter ſhould arife, and
lunce, the Judges are only to rely on our Law; and which is triable at Law, that fhall not deprive the
not on the Ecclefiaftical Law. Ibid. 84. If a Mat- Spiritual Court of their Jurifdiction; though if that
ter is properly determinable in the Spiritual Court, Court shall adjudge otherwife upon an Acquittance,
and they make an erroneous Decree, B. R. will or an Award, than according to the Cominon Law,
not grant a Prohibition; though if they decree a
though if they decrec a in fuch Cafe a Prohibition may be had. 1 Roll. Rep. 12.
Mat er which they have no Jurifdi&tion of, this Moor 413. Ecclefiaftical Courts, when the princi-
Court will grant a Prohibition to annul the Sentence. pal Caufe is of Ecclefiaftical Cognifance, may try
2 Lill. 386. A Prohibition may be granted to the Spi- Matters triable at Law, which come in incidentally:
ritual Court, after Sentence given in a Caufe in And it has been ruled, that where a Thing inci-
that Court; but the Court applied to, will not do dent to a Suit in the Spiritual Court is of a Tem
it until they have heard Counsel on both Sides, al poral Nature, they must try it in the fame Manner
though before Sentence they grant it upon a bare in that Court, as it would have been tried at Law,
Suggestion of the Party, if the Matter fuggefted will or a Probibition will be granted; but if the Matter
bear it; for a Sentence in an Ecclefiaftical Court incident is of a Spiritual Nature, they are to try
is in the Nature of a Judgment given at the Com-it
mon Law, and prefumed to be given upon mature
Deliberation; wherefore their Sentence is not be
made void but by good Advice. Ibid. 388. A Libel
was exhibited in the Prerogative Court for a Lega-
cy, and a Prohibition prayed, for that the Party
lived out of the Diocefe, &c. upon the Stat. 23 H. 8.
But becauſe the Will was proved in that Court,
and the Suit was there, and Sentence given for the
Legacy, and upon an Appeal to the Delegates that
Sentence was affirmed, and Execution granted
thereon; it was held too late for a Prohibition. Cro.
Car. 69. Though it has been adjudged, that it is
never too late to move B. R. for a Prohibition in a
Cafe where the Spiritual Court had no original Ju-
rifdi&ion. Mod. Ca. 252. 1 Mod. 273. By Holt Chief
Juftice, if an A&tion is commenced in an inferior
Court, which hath no Jurifdiction of the Caufe; a
Prohibition will not lie after Sentence. 3 Salk. 288.
No Prohibition fhall be allowed after a Confultation
duly granted, by the Stat. 50 Edw. 3. cap. 4. which
ordains, that but one Prohibition hall lie in one
Caufe: A Confultation being once granted, there
fhall be no new Prohibition upon the fame Libel; un-
lefs it is apparent that the Confultation was unduly
obtained, when it is otherwife. 1 Leon. 130. It is
a Rute, that a Prohibition fhall not be granted where
the Proceedings in the Ecclefiaftical Court are not
againſt the Law of the Land, nor the Liberty of the
Subject. Cro. Fac. 431. If a Suit is for a Penfion,
it being merely Spiritual, no Prohibition fhall be
granted. Cro Fac. 666. But where Property, or
The Freehold of an Office, &c. comes in Queftion,
a Prohibition fhall go to the Spiritual Court. 4 Leon.
261. Raym: 88. And fo where a Cuftom is alledged
A
according to their own Law; for Inftance; If
they require two Witneffes to the Proof of a Re-
vocation of a Will, a Prohibition will not lie, be-
caufe fuch Proof is required at Law; but if they
require two Witneffes to prove a Releafe, or re-
fule to admit the Proof of one Witneſs to the Pay-
ment of a Legacy, &c. a Prohibition may be grant
ed, 2 Lev. 64. Show. 158, 172. 3 Salk. 288. And
if the Spiritual Court refufes a proper Plea to a Li-
bel, &c. the Refufal is a temporal Injury, for which
Probibition lieth. Hob. 307. Cro. Eliz. 655. No Pro-
hibition will lie in a Suit for any Legacy; where it
is pretended that the Teftator was an Ideor, or
Non Compos Mentis. Jenk. Cent. 305. Where Arti-
cles ex Officio are exhibited against any one in the
Spiritual Court for criminal Matters, and the Party
is required to anfwer upon Oath, he may plead Non
tenetur refpondere, and if they will proceed, a Probi-
bition fhall be awarded; but not if the Articles are
for civil Matters, and they refufe fuch Plea. Sid.
374 3 Nelf. Abr. 8. Adjudged, that a Refufal of
the Copy of the Libel; or where the Libel against
the Defendant in the Spiritual Court is too general,
theſe are good Cauſes for a Prohibition. Hardr. 364.
It is always granted for denying a Copy of the
Libel, becauſe the Party ought to know whether
the Matter is within the Jurifdiction or not, and
how to answer. 1 Roll. Rep. 337. 2 Salk. 553. If a
Man promife another 10%, if he will marry his
Daughter; if he marry the Daughter, and the
other will not pay the Money, he ſhall not libel for
the fame in the Spiritual Court; if he doth Pro-
bibition will lie: But if he promife one with his
Daughter in Marriage lol.. if he doth marry
the Daughter, and he do not pay the Money, he
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may fue for it in the Spiritual Court, because it urged, that this was a Word of Paffion, and not de
concerns Matrimony. 22 Edw. 3. lib. Aff. And if famatory; but adjudged it is-the fame as calling a
a Perfon gives Goods in Marriage with his Daugh- Woman Whore, which is an Ecclefiaftical Slander.
ter, and afterwards they are divorced, the Wife 2 Salk. 692. Prohibition will not lie upon a Suit in
may fue in the Spiritual Court for the Goods, and the Spiritual Court by Husband and Wife, for cal-
no Prohibition lieth thereof. 13 Hen. 3. Prohibitions ling the Husband Cuckold; for the Words charge
concerning Marriages, and to diffolve a Marriage, the Wife with Incontinence, and for that Reafon
&c. 2 Lutw. 1059, 1075. A Parfon grants to one the fhall have this Suit in the Ecclefiaftical Court,
by Deed, that he fhall be difcharged of Tithes of to punish the Defamation that fubjects her to Pc-
his Land's, and afterwards he fueth in the Spiritual nance in the Spiritual Court: But if the Husband
Court for the Tithes, c. it is faid that the Party had fued folely, then a Prohibition might be granted;
fued ſhall not have a Prohibition, for he may fuggeft because he doth not incur fuch Danger by ſpeaking
this Matter in the Spiritual Court, to difcharge him of the Words. 2 Lev. 66. 2 Lill. 391. And yet it'
of the Tithes: But if it were upon a Compofition hath been ruled, where Husband and Wife libelled
made before Time of Memory, and now the Par- in the Spiritual Court for calling the Husband
fon fues for the Tithes of thofe Lands, there he Cuckold, that a Prohibition fhall go; and that they
ſhall have a Prohibition against the Parton, &c. Mich cannot both fue in that Court for that Word. Hill.
8 Ed. 4. 14. In a Suggeftion for a Prohibition to the 13 W. 3. 3 Salk. 288. And to call a Man Cuckold,
Ecclefiaftical Court in a Caufe of Tithes, and other hath been refolved not to be an Ecclefiaftical Scan-
Spiritual Profits, the Suggeftion must be made good dal, bur that Wittal is; for that implies his Know-
to the Court by two fufficient Witneffes, within fix ledge and Confent to the Adultery of his Wife.
Months after fuch Prohibition granted; provided the 2 Salk. 692. Thefe Words were fpoken of a Par-
Suggeftion doth not contain a Negative. 2 & 3 Ed. fon, he is a lying Fellow, and bas lain with all
6. c. 13. 2 Inft. 662.
If any Contention be in the the Women at H. &c. a Prohibition was refused; for
Spiritual or Ecclefiaftical Court between two In-thefe Words are fcandalous, being ſpoken of a Par-
cumbents, who claim by divers Patrons; a Probi-fon, though not actionable at Law. 3 Lev. 18. But
bition lieth, if the Suit concerns the fourth Part or to fay of a Parfon, He hath no Senfe, he is a Dunce,
more: But if it be for lefs, Prohibition doth not lie. Blockhead, &c. Prohibition hath been granted; be-
Fenk. Cent. 108. By the Statute Articuli Cleri, for caufe a Parfon is not punishable in the Spiritual.
Tithes, (if the Right arifeth not from the Rights of Court for being a Blockhead. 2 Salk. 693. So for
Patronage, &c.) Oblations, Mortuaries, Commuta- calling a Parfon Fool, &c. in a Thing which doth
tion of corporal Penance for Money, Defamation, not concern his Profeffion. Lev. 41. And where
&c. no Prohibition fhall be granted. 9 Ed. 2. 2 Inft.a Suit is in the Spiritual Court for Defamation, the
619. 4 Rep. 20. And fee 2 Lutw. 1043, 1057, 1062, Matter ought to be intirely of Ecclefiaftical Cogni-
1066, &c. Before the Reign of King Charles 1. ma-fance; otherwife a Prohibition will lic. 4 Rep. 20.
ny Prohibitions were granted for defamatory Words, Moor $73. In an extraordinary Cafe, a Suir being:
in calling Women Whores, &c. but fince fuch Probi-brought for Defamation in the Spiritual Court, of
bitions have been denied, the Spiritual Court having which they had Cognisance, notwith@tanding an
a Jurifdiction in Cafes of Whoredom, they fhall not Action at Law was commenced for Special Damage,
be prohibited. 1 Mod. 21. Fones 246. Cro. Car. 229. occafioned by fpeaking the fame Words; a Prohibi-
No Prohibition will lie at the Common Law upon a tion was denied. 2 Ld. Raym. 1101. If one call ano-
Suit in the Spiritual Court for the Word Whore, ther Drunkard, this may be punished in the Tem-
becauſe it is of Ecclefiaftical Cognisance. 2 Lev. 63. poral Courts, and a Prohibition fhall be granted. Cro.
But by the Cuſtom of London, it is actionable to call Car. 285 2 Roll. 296. 3 Salk. 288. If a Man fue ano-
a Woman Whore; and therefore where the Libel ther Perfon in the County-Court for Debt, &c. a-
is for that Word there, a Prohibition will be granted. mounting to the Sum of 40 s. or above, the Party
2 Lutw. 1039. Stile 69, 229, 245. A Prohibition was fhall have a Prohibition to the Sheriff, that he do not
moved for to stay a Suit for theſe Words, You were hold Plea thereof, &c. 2 Lev. 230. New Nat. 103.
ſuch a one's Whore, before he married you; and on a Sug- A Suggeſtion for Prohibition begins, Be it remember'd,
geftion that the Plaintiff gave the Defendant pro- that on the Day, &c. comes before our Sovereign Lord the
voking Language, calling him Rogue, &c. but the King at Westminster, C. D. in his proper Perfon, and
Prohibition was denied, the Provocation being no gives this Court bere to understand and be informed, That
Bar to the Suit in the Spiritual Court, though it whereas A. B. &c. (fetting forth the Complaint and
might be of Mitigation of Damages in an Action at Proceeding in the other Court, contrary to the Laws:
Common Law. 3 Lev. 137. A Perfon called a Wo- and Cuftoms of the Kingdom) Wherefore the faid C.
man Bitch, Whore, and an old Bawd, and on a imploring the Aid of this honourable Court, before the King
Libel in the Spiritual Court, a Prohibition was grant-himself, prayeth to be relieved, and that he may have bis
ed; becauſe fome of the Words are punishable at
Common Law, and fome in the Spiritual Court;
and if a Prohibition should not be granted, the
Plaintiff might be doubly vexed. 3 Mod. 74. On a
Libel for calling a Woman Bawd, it was held, this
being an Offence of a mixed Nature, and punifha-
ble either at Common Law, or in the Spiritual
Court; if the Suit is commenced in that Court, a
Prohibition fhall not go, becauſe the Profecutor hath
determined her Election in which Court to fue;
but if it had been for keeping a Bawdy Houfe,
which is an Offence that may be profecured in a Leer,
a Prohibition ſhall go. W. Jones 246. Palm. 379, 521. Prohibitio de vasto direita Partí, A Writ judi-
3 Nelf. Abr. 2. Libel for thefe Words, You are a cial directed to the Tenant, prohibiting him from
Rogue, Rafcal, and Son of a Whore; and the Suggestion making Wafte upon the Land in Controverſy, du-
for a Prohibition was, that they were Words of Heat ring the Suit. Reg. Judic. 21. And it hath been
and Paſſion; but a Prohibition was not allowed; for adjudged, that a Probibition fhall be granted to any
the Words import that his Mother is a Whore, and one who commits Wafte, either in the House or
he a Baſtard, and fo both are fcandalized, and this Buildings of the Incumbent of a Spiritual Living;
is an Ecclefiaftical Scandal. 3 Lev. 119. One call-or that cuts down any Trees on the Glebe, or doth
ed another Whoremafter; on a Libel, &c. it was any other Wafte. Moor 917. 3 Nelf. Abr. 5.
>
Majesty's Writ of Prohibition, directed to the Fudge of
the faid Court, &c. to prohibit him and them from taking
any further Cognisance of the faid Plea before them,
touching or concerning the Premiffes: And it is granted
to him accordingly, &c. And the common Form of a
Prohibition runs thus: George the Second, &c. To A. B.
&c. Greeting: We prohibit you, that you hold not Plea
in the Court, &c. of, &c. whereof C. D. complains, that
E. F. draws him into Plea before you, &c. And to the
Party himself; We prohibit or forbid you E. F.
that you follow not the Plea in the Court of, &c. whereof
C. D. complains, that you draw him into the Court, &c.
Po
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​P20 indivilo, for undivided, is taken in Law for
a Poffeflion or Occupation of Lands or Tenements
belonging to two or more Perfons, whereof none
knows his feveral Portion; as Coparceners before
Partition. Bract. lib. 5.
.
Proles (Lat.) In English Progeny, are fuch Iffue
as proceed from a lawful Marriage; though if the
Word be uſed at large, it may denote others.
Prolocutor of the Convocation, (Prolocutor Do-
mus Convocationis) Is an Officer chofen by Perfons
Ecclefiaftical, publickly affembled in Convocation
by Virtue of the King's Writ, at every Parliament;
And there are two Prolocutors, one of the Higher
House of Convocation, and the other of the Lower
Houfe; the latter of which is chofen by the Lower
Houfe, and prefented to the Bishops of the Higher
Houfe as their Prolocutor, that is the Perfon by
whom the Lower House of Convocation intend to
deliver their Refolutions to the Upper Houfe, and
have their own Houſe eſpecially ordered and go-
verned: His Office is to caufe the Clerk to call the
Names of fuch as are of that Houfe, when he fees
Caufe; to read all Things propounded, gather Suf-
frages, &c.
cord; but if the Proof is modified by the Agree-
ment of the Parties, that it fhall be in fuch a Man-
ner, or before fuch a Perfon, that Modification
which allows another Manner of Proof fhall be ob-
ferved, and prevail againſt the legal Conftruction
of the Word Prof. Sid. 313. 2 Lutw. 436. Where
in Agreements, c. required to be proved, no par-
ticular Form is directed how the Proof fhall be
made, the Plaintiff may bring his Action, and aver
that the Thing was done; and the Defendant may
take Iffue that it was not done, and then the Plain-
tiff muft prove the Doing it. Brownl. 57, 33. Cro.
Eliz. 205. Cro. Fac. 232. A Plaintiff faid that a
Wager was won by Deceit; the Defendant replied,
give me a Shilling, and if you can prove that it
was won by me by Deceit, I will give you five
Pounds; and in an Action on the Cafe brought
against the Defendant upon his Promife to pay the
five Pounds, the Plaintiff alledged in facto that he
had got the Wager by Deceit; and it was adjudged,
that he need not make any other Proof of it, but
in this Action. 3 Bulft 56. Cro. Eliz. 205. In Arti-
cles the Parties bound themfelves in the Penalty
of 1001. &c. to be paid upon due Proof of a Breach;
Proof at the Trial will maintain the Action. Lutw.
441. And Proof may be in the Action, in ſeveral
other Cafes. Cro. Fac. 188, 488. Proof by Witneffes,
&c. See Evidence.
Dzo partibus Liberandis, Is an ancient Writ for
the Partition of Lands between Co-heirs. Reg.
Orig. 316.
Promile, (Promiſſio) Is when upon a valuable
Confideration, Perfons bind themfelves by Words
to do or perform fuch a Thing as is agreed on;
upon which Action may be brought: And a Promife
against a Promife made at one and the fame Time,
is a fufficient Ground for an Action. Cro. Eliz 543,
703, 848. If Promifes are Executory on both Sides,
Performance need not be averred; becauſe it is the Property, (Proprietas) Is the highest Right a
Counter-Promife, and not the Performance that raifes Man hath or can have to any Thing; being uſed
the Confideration. 4 Mod. 189. Where a Promife is for that Right that one hath to Lands or Tene-
made to do a Thing, and there is no Breach of it, ments, Goods, or Chattels, which no way depends
the fame may be discharged by Parol; but if it be upon another Man's Curtefy; and was first intro-
once broken, it cannot be diſcharged without Re-duced, that every Man might know what was his
leafe in Writing, being then a Debt. 1 Mod. Rep. own. Stud. Compan. 159. Before the Flood, there
206. 2 Mod. 44. And when an Action is grounded was no fuch Thing as particular Property, but an uni-
on a Promife, Payment or fome other legal Difverfal Right inftead of it; every Man might then
charge must be pleaded. 1 Mod. 210. If a Promife toke to his Ufe what he pleafed, and what he had
be to pay a Sum of Money, by feveral monthly fo poffefs'd himſelf of, another could not, without
Payments, the Promife being intire, a Breach of manifest Injury, take away from him: But upon the
Payment of the first Month, is a Breach of the Increaſe of People, Trade and Industry, Property
whole Promife. 2 Rol. Rep. 47. See Mutual Promife, was gained by Purchaſe, and other lawful Means;
Affumpfit, and Action on the Cafe.
for the fecuring whereof, proper Laws were ordain-
Promoters, (Promotores) Are thofe who in popu-cd. Lex Mercat. 2. Property in Lands and Tenements
lar and penal Actions profecute Offenders, in their at this Day, is acquired either by Entry, Difcent by
Name and the King's, as Informers do, having Part Law, or by Conveyance; and in Goods and Chattels,
of the Fines or Penalties for their Reward: They it may be gained a great many Ways, tho' it is ufu-
belonged chiefly to the Exchequer and King's Bench; ally by Deed of Gift, or Bargain and Sale. 2 Lill. Abr.
and Sir Edward Coke calls them Turbidum hominum 400. And for preferving Men's Properties our Law
genus. 3 Inft. 191.
bath thefe Rules, 1ft, That no Man is to deprive
Promulge a Law, (Promulgare Legem) Is to de-another of his Property, or difturb him in enjoying
clare, publish, and proclaim a Law to the People; it. 2dly, Every Perfon is bound to take due Care
and fo Promulged, Promulgatus, fignifies publifhed, of his own Property, fo as the Neglect thereof may
or proclaimed. 6 H. S. c. 4.
not injure his Neighbour. 3dly, All Perfons muſt
Proof, (Probatio) Is the Trial or making out of fo ufe their Right, that they do not, in the Man-
any Thing, by a Jury, Wineffes, &c. And Bracner of doing it, damage their Neighbour's Property.
ton fays, there is Probatio duplex, viz. Viva voce, by Mod Entr. Engl. 229. There are likewife three
Witneffes; and Probatio mortua, by Deeds, Wri-
tings, &c. Proef, according to Lilly, is either in
giving of Evidence to a Jury upon a Trial, or elfe
upon Interrogatories, or by Copies of Records, or
Exemplifications of them. 2 Lill. Abr. 393. Tho'
where a Man fpeaks generally of Proof, it fhall be
intended of Proof by a Jury, which in the ftri&t
Signification is legal Proof. 3 Bulft. 56. The Con-
dition of a Bond was to pay Money as an Appren-
tice ſhould mifpend, upon Proof made by the Con-
feffion of the Apprentice or otherwife; and it was
held, that although generally Proof fhall be intend-
ed to be made at a Trial by the Jury, in this Cafe
it being referred to the Confeffion of the Party, it
is fufficient if he confefs it under his Hand. 2 Cro.
381. 3 Nelf. Abr. 15. It hath been infifted upon,
that the Law knows no other Proof but before a
Jury in a judicial Way, and that which is on Re-if a fecond Buyer gets a Delivery, he has the bet-
1
Sorts of Properties, viz. Property abfolute; Property
qualified; and Property poffeffory: And an abfolute
Proprieter hath an abfolute Power to diſpoſe of his
Eftate as he pleafes, fubject to the Laws of the Land
The Husband hath a qualified Property in his Wife's
Land, real Chattels and Debts; but in her Chattels
perfonal, he hath an abfolute Property. Plowd. 5.
Every Owner of Goods, c. hath a general Property
in them: Tho' a'Legaree of Goods hath no Property
in the Goods given him by Will until actually deli
vered him by the Executors, fo that he hath the
Poffeffion. Mich. 23 Car. B. R. And though by a
bare Agreement, a Bargain and Sale of Goods may
be fo far perfected, without Delivery or Payment
of Money, that the Parties may have an Action of
the Cafe for Non-performance, yet no Property vests
until there is a Delivery; and therefore it is ſaid
3
ter
PR
PR
hath not forfeited it) hath a Property and Right al-
lowed him by the Law, to defend his Life, Liberty,
and Eftate; and if either be violated, it gives an
Action to redreſs the Injury, and puniſh the Wrong
doer.
ter Title. 3 Salk. 61, 62. But if one Covenant Law prefumes that the Way was at firft taken out
with me, that if I pay him fo much Money fuch a of the Lands of the Party that owns the Lands ly-
Day, I fhall have his Goods in fuch a Place, and ing upon both Sides of the Way: And divers Lords
I him the Money: This is a good Sale, and by of Manors do claim the Soil as Part of their Waſte.
pay
it I have the Property of the Goods. 27 H. 8. 16. Mich. 22 Car. B. R. 2 Lill. Abr. 400. If the Sea,
Property is of Things in Poffeffion, or Action: In Pof- or a River, by violent Incurfion carries away the
feffion, it is generally, when no other can have them Soil of Ground in fo great a Quantity, that he that
from the Owner, or with him, without his A&t or had the Property in the Soil, can know where his
Default; or ſpecially, when fome other hath an In-Land is, he fhall have his Land; but if his Soil
tereft with him, or where there is a Property alfo in or Land be infenfibly, or by little and little, wafted
another, as well as in the Owner; as by Bailment, by the Sea or River, he muft lofe his Property, bes
Delivery of Things to a Carrier, or to an Innkeep-cauſe he cannot prove which is his Land. Paf.h.
er, where Goods are pawned or pledged, diftrained, 1650. A Tenant hath by Law only a fpecial Pro-
or leafed out for a Term, &c. And Property in Ac-perty in the Trees on the Lands demifed, fo long as
tion, is when one hath an Intereft to fuc at Law for they remain Part of the Freehold; for as foon as
the Things themſelves, or for Damages for them; they are fevered, his Property is gone. II Rep. 82.
Property altered. A Man borrows, or finds my
as for Debts, Wrongs, &c. and all thefe Things, in
Poffeffion, or A&tion, one may have in his own Goods, or if he take them from me; neither of
Right, or in the Right of another, as Executor. thefe Acts will alter the Property. Bro. Propert. 27.
Wood's Inft. 314. A Perfon hath fuch a Special Pro- If one having taken away Corn of another, make
in Goods delivered to him to keep, that he may it into Malt; turn Plate into Money, or Timber
perty
maintain Actions against Strangers, that take them into a Houfe or Building, &c. the Property of them
out of his Poffeffion: It is the fame of Things deli- is altered. Doddridge Law. 132, 133. And where
vered to a Carrier; and when Goods are pawned, Goods are generally fold in a Market overt, for va
&c. Hill. 22 Car. 2. Lill. Abr. 490, 401. An Exe-luable Confideration, and without Fraud, it alters
cutor or Adminiftrator, hath the Property of the the Property thereof. 5 Co. Rep. 83. To alter or tranf
Goods of the Deccafed: But a Servant hath nei- fer Men's Properties is lawful; but to violate Property
ther General or Special Property in his Mafter's is never lawful, Property being a facred Thing which
Goods; and therefore to take them from his Mafter, ought not to be violated. And every Man (if he
may be Trefpafs or Felony, as the Cafe is. Goldsb. 72.
If a Man hires a Horfe for a particular Time to
ride fuch a Journey, he hath a special Property in the
Horfe during that Time against all Men, even
against the right Owner; against whom he may
Prophecies, (Prophetia) Arc in our Statutes taken
have an Action if be diſturbs him in the Poffeffion.
Cro. Eliz. 236. But it hath been adjudged, that if for Foretellings of Things to come, in hidden my-
à Man deliver Goods, &c. to another to keep for afterious Speeches; whereby great Commotions have
certain Time, and then to redeliver them to the been often caufed in this Kingdom, and Attempts
Owner; if he to whom they were delivered doth made by thofe to whom fuch Speeches promifed good
fell them in open Market, before the Day appoint- Success, though the Words were myftically framed,
ed for the Re-delivery, the Owner may feife them and pointed, only to the Cognifance, Arms, or fome
wherever he finds them, becauſe the general Pro- other Quality of the Parties: But thefe for Diftinc-
perty was always in him, and not altered by the Sale. tion-fake, are called Falfe or Phantastical Prophecies.
Mich. 7 Fac. Godb. 160. 3 Nelf. Abr. 18. And if one 3 Ed. 6. c. 15. Falfe Prophecies, (where Perfons pre-
delivers a Horfe, or other Cattle, or Goods, to an.tend extraordinary Commiffions from God) to raiſe
other to keep, and he kills the Horfe, or fpoils the Jealoufies in the People, or terrify them with im-
Goods, Action of Trefpafs lies against him; for pending Judgments, &c. are punishable at Common
by the Killing or Spoiling, the Property is deftroy- Law, as Impoftures: And by Statute 5 Eliz. c. 15.
ed. 5 Rep. 13. If a Swarm of Bees light on a
Tree, they are not the Owner's of the Tree till
covered with his Hive; no more than Hawks that
have made their Nefts there, &c. But their young
ones will be his Property, and for them he may have
an Action of Trefpafs. Doct. & Stud. c. 5. Co. Litt.
145. A Man's Geefe, &c. fly away out of Sight,
wherever they go, he hath ftill a Property in them:
And it is faid, that whilft a Perfon's Hawk is in
Flight of a Partridge, or his Hounds in Purſuit of
Propoztum, Is ufed in ancient Charters for Pur
a Hare, &c. in theſe Caſes, he hath a Kind of Pro-
in the wild Creature. Staundf. lib. 1. c. 16. 3 port, Intention, or Meaning. Chart. 31 H. 3.
perty
Propounders, Are mentioned with Monopolifts
Wild Beafts, Deer, Hares, Conies,
Shep. Abr. 111.
&c. though they belong to a Man upon Account of and Projectors; and fignify the fame as Monopolifts.
his Game and Pleaſure, none can have an abfolute 3 Inft.
real Property in ; but if they are incloſed and made
2 Lill. Abr. 400.
None fhall publish or fet forth any falfe Prophecy,
with an Intent to raiſe Sedition, on Pain of 101
for the first Offence, and a Year's Imprisonment;
and for the fecond Offence to forfeit all his Goods
and Chattels, and fuffer Imprisonment during Life:
The Profecution to be within fix Months. 3 Inst.
128, 129. To prophecy when the King fhall die, hath
been anciently held to be Treafon. Roll. Rep. 88.
Proportion, Proportio. See De onerando pro Rata
Portionis.
Proprietary, (Proprietarius) Was heretofore com-
Tame, there may be a qualified and poffeffory Pro-monly applied to him that had the Profits of an
perty in them. One may have abfolute Property in Ecclefiaftical Benefice to himſelf and his Heirs
Things of a baſe Nature, as Maftiff Dogs, Hounds, or Succeffors; as in Times paft Abbots and Priors
Spaniels, c. but not in Things Fere Nature, un-had, to them and their Succeffors. And Proprie-
11 Rep. 50. tarii Monachi were thofe Monks who had any Goods
lefs when dead. Dalt. 371. Finch 176.
Raym. 16. Property in Lands, Goods and Chattels, or Subftance of their own. Mon. Angl. Tom. 3. pag.
may be forfeited or loft, by Treafon, Felony, Flight, 307.
Outlawry; alfo of Goods by their becoming Deo-
dand, Waif, Eftray, &c. Bac. Elem. 77, 78.
•
Proprietate probanda, Is a Writ to the Sheriff
to inquire of the Property of Goods diftrained,
Property in Highways, &c. He that bath the when the Defendant claimeth Property upon a Re-
Land that lies on both Sides of the Highway, hath plevin fued; for the Sheriff cannot proceed till that
the Property of the Soil of the Highway in him, not-Matter is decided by Writ; and if it is found
withstanding the King hath the Privilege for his Peo for the Plaintiff, then the Sheriff is to make
ple to pass through it at their Pleafures; for the Replevin; but if for the Defendant, he can
7 X
proceed
܀
2
PR
proceed no further. F. N. B. 77. Finch 316, 450.
1 Inft. 145.
2o
Prozogue, (Prorogare) Signifies to prolong, or
put off to another Day. 6 Hen. 8. c. 8. Prorogation
of the Parliament, and Adjournment were anciently
ufed as Synonyma's; but of late there hath been a
Diftinction, a Prorogation making a Seffion, and an
Adjournment only a Continuance. Vide Parliament.
L
•
•
PR
A Writ of Protection by the King.
you protect and defend the faid A. B. and bis Servants,
you, that
Lands, Tenements, &c. aforesaid, not doing to him or
them, or any of them, or permitting to be done to them,
any Injury, Damage or Violence, on Pain of grievous For-
feiture, &c. In Teftimony of which, &c. for one Year
to endure. In Witnefs, &c.
a Protection be allowed where a Perfon is taken on
a Capias Utlagatum, after Judgment; for though
20 rata, Is as much as pro proportione; as Join the Capias Utlagatum is at the King's Suit in the
tenants, c. are to pay Pro rata, i. c. in Propor-firft Place, it is in the fecond Degree for the Sub-
tion to their Eftates. 16. Car. 2. c. 6.
ject. Latch 197. 1 Lecn. 185. Dyer 162. Hob. 115,
But in Action on Affumpfit, a Protection under the
Great Seal was brought into Court, for that the
Defendant was in the Wars in Flanders, &c. and it
was allowed though after an Exigent. 3 Lev. 332.
The Plaintiff in an Action cannot caft a Protection;
for the Protection is for the Defendant, and ſhall be
rotection, (Protectio) Is generally taken for that always for him, if it be not in fpecial Cafes where
Benefit and Safety which every Subject hath by the the Plaintiff becomes Defendant. New Nat. Br. 62.
King's Laws; every Man who is a loyal Subject is And no Protection fhall be allowed against the King.
in the King's Protection; and in this Senfe to be out 1 Inft. 131. A Protection to fave a Default, is not
of the King's Protection, is to be excluded the Benefit good for any Place within the Kingdom of England:
of the Laws. 25 Edw. 3. c. 22. In a fpecial Signifi- And regularly it lies only where the Defendant or
Signifi-And
cation, a Protection of the King is an A&t of Grace, Tenant is demandable; for the Protection is to excufe
by Writ iffued out of the Chancery, which lies his Default, which cannot be made when he is not
where a Man will pass over Sea in the King's demanded. Fenk. Cent. 66, 94. There are many Kinds
Service; and by this Writ (when allowed in Court) of Protections; but they are rarely ufed, being often
he fhall be quit of all Manner of Suits between oufted by Act of Parliament. Wood's Inft. 571. When
him and any other Perfon, except Affifes of Novel the King grants a Protection, the Writ thereupon in
Diffe fin, Affife of Darrein Prefentment, Attaints, &c, fome Cafes has been as follows.
until his Return into England. 2 Lill. Abr. 398.
Protection is an Immunity granted by the King to a
certain Perfon, to be free from Suits at Law for a
certain Time, and for fome reaſonable Cauſe; and
'tis a Branch of the King's Prerogative fo to do: EORGE the Second, &c. To all and fingu-|
There are two Sorts of thcfe Protections; one is cum lar Sheriffs, &c. and others, who shall fee or hear
Claufula volumus; and of that Proteion there are our prefent Letters, Greeting. Know you, that we
three Particulars; one is called Quia profecturus, have taken into our Special Protection A. B. and his
and is for him who is going beyond Sea in the Servants, Lands and Tenements, Goods and Chattels in,
King's Service; another is Quia moraturus, which &c. in the County of S. and in, &c. And also all his
is for him who is already abroad in the King's Ser-Writings whatsoever: Therefore we command
vice, as an Ambafador, &c. And another is for
the King's Debtor, that he be not fued till the
King's Debt is fatisfied: And the other. Sort of Pro-
tection is cum Claufula nolumus, &c. which is granted
a Spiritual Corporation, that their Goods or
Chattels be not taken by the Officers of the King,
for the King's Service; it may likewife be granted
to a Spiritual Perfon fingle, or to a Temporal Per-
fon. Reg. Orig. 23. 3 Nelf. Abr. 20. On a Perfon's
going over Sca, in the Service of the King, Writ
of Protection fhall iffue, to be quit of Suits till he
returns; and then a Refummons may be had a-
against him: But one may proceed against the De-
fendant having fuch Protection, until he comes and
thews his Protection in Court, and hath it allowed;
when his Plea or Suit fhall go fine die; though if
after it appears that the Party who hath the Pre-
tection, goes not about the Bufinefs for which the
Protection was granted, the Plaintiff may have a
Repeal thereof, &c. Terms de Ley 496. 2 Lill. Abr.
398. A Protection is to be made for one Year, and
may be renewed from Year to Year; but if it be
made for two or three Years, the Juftices will not
allow the fame: And if the King grant a Protection
to his Debtor, that he be not fued till his Debt is
paid; on theſe Protections none fhall be delayed; the
Party is to answer and go to Judgment, and Exe-
cution fhall be ftayed. 1 Inft. 130. 25 Ed. 3. The
King granted a Protection to one of his Debtors;
and upon a Demurrer it was alledged, that by the
Statute 25 Edw. 3. c. 19. Protections of this Kind are Protect, (Proteftari) Hath two divers Applica-
exprefly, that none fhall be delayed upon them; tions; one by Way of Caution, to call Witness, as
but the Party fhall anfwer and proceed to Judg-ir were, openly to affirm, that a Man doth not yield
ment, and Execution fhall ftay: And the Court
ordered, that when it came to Execution they
would advife; fo a Refpondeas Oufter was awarded.
Cro. Fac. 477. In all Protections there ought to be a
Caufe fhewn for granting them: If obtained pend-
ing the Suit, they are naught; and a Perfon
giving Bail to an Action on Arrest, 'tis faid may
not plead his Protection; one may not be difcharged
our of Priſon to which he is committed in Exccu-
tion, by Protection to ferve the King, . Nor will
ΤΟ
3
1
Protections of Parliament. Peers, and Mem-
bers of Parliament, &c. by their Privilege, may
protect their Menial Servants, and thofe actually en-
ploy'd by them in Service; but by a late Order,
this extends not to others, on written Protections.
One Cater, Gentleman to the Earl of Suffolk, was
by Order of the House of Lords committed to New-
gate, on Proof of his being Guilty of procuring and
felling written Protections, from and in the Name of
that Peer, to feveral Perfons, to the great Damage
of their Creditors, and in Breach of the Orders of
that Houfe; and being charged with other Crimes,
reflecting on the Houſe of Peers, he was fentenced
to pay a Fine, and to ftand in the Pillory, &c.
Mod. Caf. in L. & E. 341. See Privilege.
Protection of the Courts at Westminster. The
Protection of the Court of B. R. is allowed for any
Perfon who attends his own Bufinefs in this Court,
or by Virtue of any Subpoena ; but this is more pro-
perly Privilege.
Protectionibus, The Statute of allowing a Chal-
lenge to be entered againſt a Protection, &c. 33
Edw. 1.
his Confent to any Act which may be prejudicial
to him, or but conditionally; or that he doth not
agree to the Proceedings of a Judge, in a Court
wherein his Jurifdi&tion is doubtful, &c. The other
is by Way of Complaint, to proteft a Man's Bill of
Exchange, refuſed Acceptance or Payment; which
is neceffary to recover Damages, &c. See Bill of
Exchange.
double Pleading in Actions; it prevents the Party
Proteftando, Is a Word made ufe of to avoid
that
PR
PR
that makes it from being concluded by the Plea he
is about to make, that Iffue cannot be joined upon
it; and it is alfo a Form of Pleading, where one
will not directly affirm or deny any Thing alledged
by another or himself: In the first Cafe, it is
where a Man pleadeth a Thing which he dares not
affirm, or that he cannot plead for Fear of Making
his Plea double; as in Title to Land by two De-
fcents, the Defendant muft plead one of them, and
put the Word Proteftando instead of dicit, as to the
other, that fuch a one died feifed, &c. And in the
laft Cafe, when one is to answer to two Matters,
and by the Law he ought to plead but to one; then
in the Beginning of the Plea he may fay Proteftands,
that fuch Matter is not true, and add to his Plea,
Pro Placito dicit; and fo ho may take Iffue upon the
other Part of the Matter. Plowd. 276. Finch 359.
Practif. Attorn. Ift Edit. pag. 83. A Proteftando muft
not be repugnant, &c. And effectual Matters in
Bar ought not to be taken in a Plca by Protefta-
rion: A Protestando is fometimes thus: Proteftando non
Cognofcendo fuch and fuch Things, Pro Placito in hac
parte dicit, &C.
1
Protestant Dillenters, Exempt from Penalties,
See Diffenters.
Prothonotary, (Protonotarius, vel Primus Notarius)
Is a Chief Officer or Clerk of the Common Pleas and
King's Bench; and for the first named Court there
are three Prothonotaries, and the other hath but one:
He of the King's Bench records all A&tions Civil;
as the Clerk of the Crown Office doth all Criminal
Caufes in that Court: Thofe of the Common Pleas,
fince the Order 14 Fac. 1. upon an Agreement en-
tered into between the Prothonotaries and Filizers of
that Court, do enter and inrol all Manner of De-
clarations, Pleadings, Affifes, Judgments, and Ac-
tions: They make out all judicial Writs except
Writs of Habeas Corpus, and Diftringas Furator, (for
which there is a particular Office erected, called the
Habeas Corpora Office:) Alfo Writs of Execution, and
of Seifin, of Privilege for removing Caufes from
inferior Courts, Writs of Procedendo, Scire facias's in
all Cafes, and Writs to inquire of Damages; and
all Process upon Prohibitions, on Writs of Audita
Querela, Falle Judgment, &c. They likewife enter
Recognizances acknowledged in that Court; and all
Common Recoveries; and make Exemplifications
of Records, c. 5 H. 4. cap. 14.
vent it. 35 Ed. 3. c. 22.
7 R. 2.
37 & 38 Ed. 3. 2, 3 &
Parliament at Oxford, Anno 1258. are termed Provifi-
Provifiones. The Decrees which were made in a
ones. Contin. Matt. Parif.
2
on the Performance whereof the Validity of the
Provilo, Is a Condition inferted into any Deed,
Deed depends; and fometimes it is only a Cove-
nant, fecundum fubje&tam Materiam.
Lill. Abr. 399. The Word Provifo is generally taken
2 Rep. 10.
for a Condition; but it differs from it in ſeveral
Refpe&ts; for a Condition is ufually created by the
Grantor or Leffor, but a Provifo by the Grantee or
Leffec; there is likewife a Difference in Placing
the Provifo, as if immediately after the Habendum,
the next Covenant is that the Leffee fhall repair,
provided always that the Leffor fhall find Timber,
this is no Condition; nor is it a Condition, if it
comes among other Covenants after the Habendum,
and is created by the Words of the Leffee, as if the
Leffor covenants to fcour the Ditches, Provifo that
the Leffee carry away the Soil, &c. 3 Nelf. Abr. 21.
It hath been held, that the Law hath no appointed
any proper Place in a Deed to infert a Provifo; bur
that when it doth not depend on any other Sentence,
but ftands originally by itself, and when it is created
by the Words of the Grantor, &c. and is restrictive
or compulfory, to inforce the Grantee to do fome
A&t, in fuch Cafe the Word Previfo makes a Condi-
tion, though 'tis intermixed with other Covenants,
and doth not immediately follow the Habendum.
2 Rep. 70. A Provifo always implies a Condition,
if there be no Words fubfequent which may change
it into a Covenant: Alfo it is a Rule in Provifoes,
that where the Provifo is that the Leffee, &c. thall
do, or not do a Thing, and no Penalty is added to
it; this is a Condition, or 'tis void; but if a Pe-
nalty be annexed, it is otherwife. Cro. Eliz. 242.
1 Lev. 155. And where a Provifo is a Condition, it
ought to do the Office of a Condition, i. e. make
the Eftate conditional, and fhall have Reference
to the Estate, and be annexed to it; but ſhall not
make it void without Entry, as a Limitation will:
A Leafe was made for Years, rendring Rent at fuch
a Day, Provifo if the Rent be arrear for one Month
after, the Leafe to be void; the Queſtion was,
whether this was a Condition or Limitation; for if it
was a Condition, then the Leafe is not determined
without Entry; adjudged, that it was a Limitation,
though the Words were conditional, becaufe it ap
peared by the Leafe itfelf that it was the exprefs
Agreement of the Parties that the Leafe fhould be
void upon Non-payment of the Rent; and it ſhall
be void without Entry. Moor 291. 1 Nelf. Abr. 22,
26. It a Provifo be the mutual Words of both Par-
ties to the Deed, it amounts to a Covenant: And a
Province, (Provincia) Signifies an out Country, Provifo by Way of Agreement to pay, is a Cove-
govern'd by a Deputy or Lieutenant. Litt. Dist. It nant, and an Action well lies upon it.
was uſed among the Romans for a Country, with-The Plaintiff convey'd an Office to the Defendant,
2 Rep. 72.
out the Limits of Italy, gained to their Subjection Provifo that out of the firft Profits he
by the Sword; whereupon that Part of France next Plaintiff 500l. And it was refolved, that an Action
pay the
the Alps was fo called by them, and ftill retains the of Covenant lay on this Provifo; for 'tis not by Way
Name.
But with us, a Province is molt ufually ta- of Condition or Defeafance, but in Nature of a
ken for the Circuit of an Archbishop's Jurifdiction; Covenant to pay the Money. I Lev. 155. But a
as the Province of Canterbury, and that of York: Yet Defendant in Confideration of 4001. granted his
it is mentioned in fome of our Statutes, for feveral Lands to the Plaintiff for ninety-nine Years, Provifo
Parts of the Realm; and fometimes for a County. if he pay fo inuch yearly during the Life of S. T.
32 H. 8. c. 23.
Proto-fozeltarius, Was he whom our ancient
Kings made Chief of Windfor Foreft, to hear all
Caufes; a Kind of Lord Chief Justice in Eyre.
Camd. Britan. 213.
Prover, Anno 28 Edw. 1. and 5 Hen. 4.
Probator.
See
Providentiæ, Provifions of Meat and Drink.
Knighton, Anno 1354.
Provincial, (Provincialis) Of or belonging to a
Province; alfo a chief Governor of a Religious Or-
der as of Friars, &c. Stat. 4 H. 4. c. 17.
Provision, (Provifio) By the old Laws of England,
as well as the Canon Law, is the Providing a Bishop,
or any other Ecclefiaftical Perfon, with a Living,
by the Pope, before the Incumbent is dead: It is
alfo called Gratia expectativa, or Mandatum de pro-
videndo; the great Abufe whereof heretofore in
this Kingdom, occafioned divers Statutes to pre-
c. or 400 1. within two Years after his Death, then
the Grant to be void, and there was a Bond for
Performance of Covenants; in Action of Debt
brought upon this Bond, it was adjudg'd, that there
being no exprefs Covenant to pay the Money,
there could be no Breach affigned on this Provifo.
2 Mod. 36. In Articles of Agreement to make a
Leafe, Provifo that the Leffee ſhould
Rent, &c. although there be no fpecial Words of
fo much
pay
Refervation of Rent, the Provifo is a good Referva-
tion. Cro. Eliz. 486. And Provifo with Words of Grant
added
!
PR
PU
1
91.
added to it, may make a Grant, and not a Condi-
tion. Moor 174. Yet in the Cafe of a Leafe for
Life, Provifo if the Leffce died before the End of
Sixty Years, that his Executors should enjoy it for
ſo many Years as would make up the faid Sixty
Years; it was held, that by this Provifo the Leffee
had no Eftate for Years, nor his Execuors any Re-
mainder of a Term, becauſe nothing was limited
thereby to the Leffce for Life as a Remainder, to
him and his Executors. 1 And. 19. When Ufes are
raiſed by Covenant, in Confideration of paternal
Love to Children, &c. and after in the fame Inden-
ture, there is a Provifo to make Leafes, without any
particular Confideration, it is void; though fuch a
Provifo might be good, if the Ufes were created by
Fine, Recovery, &c. becaufe of the Tranfmutation
of the Eftate; and for that in this Cafe Ufes arife
without Confideration. 1 Rep. 176. Moor 144.
1 Lev. 30.
2 Lill. Abr. 402. In a Deed, a Provifo,
that if the Son diſturb the other Ufes, &c. that then
a Term granted to him, and the Ufes to the Heirs
of his Body, fhall be void; this Provifo is fufficient
to cease the other Ufes, on Difturbance. 8 Rep. 90,
But a Provifo to make an Eſtate, limited to one
and the Heirs Males of his Body, to ccafe as if he
was naturally dead, on his Attempting any A&t by
which the Limitation of the Land, or any Eftate in
Tail, fhould be undone, barred, &c. hath been ad-
judged not good; becaufe the Eftate-tail is not de-
termined by the Death of Tenant in Tail, but by
his Dying without Iffue Male. Dyer 351. 1 Rep. 83.
A Teftator deviſed his Lands to one and the Heirs
Males of his Body, Provifo that if he attempt to a-
lien, then his Eftate to ceafe, and remain to ano-
ther; the Proviſo is void. 1 Ventr. 521. A Provifo
that would take away the Whole Effect of a Grant,
as not to receive the Profits of Lands granted, &c.
is void; and fo is a Provifo that is repugnant to the
exprefs Words of the Grant: In a Will, a Teftator
made another his Executor, provided he did not ad-
minifter his Eftate; adjudged this Provifo is void for
Repugnancy. Cro. Eliz. 107. Dyer 3. And if a Pro-
fo is good at firft, and afterwards it happens, that
there is no other Remedy but that which was re-
ftrained; the Remedy fhall be had, notwithſtanding
the Restraint. Wood's Inft. 231. Where a Provifo is
Parcel of, or abridgeth a Covenant, it makes an
Exception; when 'tis annexed to an Exception in a
Deed, 'tis an Explanation; and where added at the
End of any Covenant, there it extends only to de-
feat that Covenant. 4 Leon. 72, 73. Moor 105, 471.
See Deed.
Pzoviloz Monafterii, The Treafurer or Steward
of a Religious Houfe. Cowel.
Provifoz Midualiumi, The King's Purveyor, who
provided for the Accommodations of his Court.
Provocation, To make Killing a Perfon Man-
flaughter, &c. See Murder.
Provost Marchal, In this Kingdom is an Officer
of the King's Navy, who hath the Charge of Pri-
foners taken at Sea: And is fometimes uſed for like
Purpofe at Land. 13 Car. 2. cap. 9.
Dories, Are Perfons appointed instead of others,
to repreſent them. Every Peer of the Realm called
to Parliament, hath the Privilege of conftituting a
Proxy to vote for him in his Abfence, upon a law-
ful Occafion; but fuch Proxies are to be entered in
Perfon, and fometimes Proxies have been denied by
the King; particularly Anno 6, 27 & 39 Edw. 3.
Marriage Contracts have been often made by Proxy,
&c.
Proxies, Alfo are annual Payments made by Paro-
chial Clergy to the Bishop, . on Vifitations. See
Procurations.
yb, Is a Kind of Service or Tenure; and ac-
cording to Blount, fignifies an old-fashion'd Spur,
with one Point only, which the Tenant holding
Land by this Tenure, was to find for the King.
Per fervitium inveniendi unum Equum, unum Saccum &
unum Pryk in Guerra Wallie 1 R. 2.
Time of K. Hen. 8. Light Horſemen in War were
called Prickers; because they ufed fuch Spurs or
Pryks, to make their Horfes go with Speed.
And in the
Puberty, (Pubertas) The ripe Age, of fourteen
in Men and twelve in Women, when they are
fit for Marriage: But as to Crimes and Punish-
ments, it is the Age of 14 Years, in both the Male
and Female Sex, and not before. 1 Hale's Hift. P.
C. 18.
Publication, Is ufed of Depofitions of Witneffes in
a Caufe in Chancery, in order to the Hearing, and
Rules may be given to pafs Publication; which is a
Power to fhew the Depofitions openly, and to give
out Copics of them, &c. There is alfo a Publica
tion of a Will, which is a Solemnity requifite to the
Making thereof, by declaring it to be the Laft Will
of the Teftator, in the Prefence of fuch a Number
of Witneffes; and a Will which hath been made
many Years, may be New published with Additions,
and that makes it equivalent to a new Will. 3 Nelf.
Abr. 27. Publication of Libels. Vide Libels.
Publick Accounts. Commiffioners are to En-
quire of the Accounts of Sheriffs, Cuſtomers, and
other the King's Officers, after paffed in the Exche-
Probilo, concerning Matters judicial, is where cher, and if detected of any Fraud, they fhall pay
the Plaintiff in an Action defifts in Profecuting his treble Damages, by Stat. 6 H. 8. c. 3. And all the
Suit, and doth not bring it to Trial in convenient Lands, Tenements and Hereditaments, which any
Time; the Defendant in fuch Cafe may take out Accountant hath, fhall for the Payment of Debts to
the Venire facias to the Sheriff, which hath in it the Crown, be liable and put in Execution in like
thefe Words, Provifo quod, &c. To the End, that if Manner as if he had ftood bound by Writing Obli-
the Plaintiff take out any Writ to that Purpoſe, gatory, having the Effect of a Statute Staple, &c.
the Sheriff ſhall fummon but one Jury upon them Stat. 13 Eliz. c. 4. And there have been ſeveral
both; and this is called going to Trial by Provifo. Statutes for taking the Publick Accounts of the King-
Old Nat. Br. 159. By the ftanding Rules of the dom, and examining and determining the Debts
Court of B. R. if a Plaintiff will not enter his Iffue, due to the Army and Navy; Alfo Corruptions in
the Defendant may by Rule compel him to enter it; the Management of the King's Treafure, &c. impow-
and if 'tis entered, and he will not carry down theering Commiffioners for that Purpofe, who were to
Caufe to Trial, the Defendant may carry it down give an Account of their Proceedings to the King
by Provifo. 3 Salk. 362. See Stat. 7 & 8 W. 3. c.. 32. and Parliament. Stat. 2 W. & M. I Ann. 2 Geo. I,
Procefs may be taken out by the Defendant in Cri-c
minal Cafes by Provifo in Appeals, in the fame Man-
ner as in other Actions, on the Default of the Ap-
pellant; but not in Indi&tments, nor in Actions
where the King is fole Party; and it hath been
queftioned, whether there can be any fuch Process
in Informations Qui tam. 2 Hawk. 407, 408.
Provifoz, Is taken for him that hath the Care of
providing Things neceffary; but more especially in
our Law it fignifies one that formerly fued to the
Court of Rome for a Provifion. Stat. 25 Ed. 3.
Publick Faith, (Fides Publica) In the Reign of
King Charles 1. was a Pretence or Cheat, to raiſe
Money of the feduced People, upon what was
termed the Publick Faith of the Nation, to make
War against the King about the Year 1642. Stat.
17 Car. I. c. 18.
Pucellage, (Pucellagium) Is ufed for Virginity,
Maidenhead. Bratton, lib. 3. In an antient Manu-
fcript it is written Puellagium. Mich. 19 Ed. 3
1
4
Duis
PU
PU
Puis Darrein Continuance, Is a Plea of new
Matter, pending an Action, poft ultimam Continua
tionem. See Plea.
Duifne, (Fr.) Younger, Puny; born, or coming
after.
Pulla, (Sax. Pul) A Pool, or Lake of ftanding
Water. Mon. Angl. Tom. 1. pag. 722.
Pulles, The Young of any Thing, commonly
pur for Colts. Stat. 18 H..8. c. 2.
Pulfatoz, The Plaintiff or Actor; and Pulfare
fignifies to accuſe any one. Leg. Hen. 1. c. 26.
never executed in the Anceftor: By Hale Ch. Juft.
a fpecial Heir, may take as fuch, by fpecial Limi-
tation, and the Law takes Notice of him. Ibid.
The Word Heir will not ferve for a Name of Pur-
chafe, if he be not right and lawful Heir; but Son,
or reputed Son or Daughter will. Fenk. Cent. 203.
In a new created Eftate to right Heirs, they must of
Confequence take by Purchase. 4 Mod. 380. At Com-
mon Law a Man could not make his own right Heir
take by Purchafe, without Departing with the whole
Fee-fimple; but now by Way of Uſe he may: And
Dultura, Is an Examination or Demand; and where a Remainder of an Eſtate-tail was veſted in
'tis fo called from the Monks, who before they are a Perfon as a Purchaſer, it was held that the Estate
admitted into a Monaftery, Pulfabant ad fores, for fhould go on in a Courfe of Deſcent. 1 Mod. 226.
feveral Days, and then enter. Mon. Ang. Tom. 2.3 Salk. 292, 293. If the Father devifes Lands to his
pag. 1035.
eldeſt Son, upon Condition; the Son ſhall be in by
Pundfulda, A Pound for Cattle, or Pinfold. Purchase, not by Difcent. Cro. Car. 161. And there
Placita inter Abbat. Glafton. & Henr. de Hamel, is this Difference between Purchase and Defcent of
Anno 1236.
Lands; if a Perfon takes by Purchaſe, a Fine, &c.
Punishment, (Pana) Is the Penalty of Tranfmay be no Bar. 3 Nelf. Abr. 30. Where the Heir
greffing the Laws: And as Debts are diſcharged to takes Land by Will- with a Charge, he doth not
private Perfons by Payment; fo Obligations to the take by Defcent, but by Purchase; and the Land is
Publick, for difturbing Society, are difcharged no Affets. 2 Mod. 286. And if a Power of Entry
when the Offender undergoes the Punishment in for a Condition broken defcend, and a Daughter
Alicted for his Offence. Kings, and fuch as have enter; fhe is in as a Purchafer, and the Son born
equal Power with them, have a Right to require after fhall not have it. 1 Rep. 99. 1 Inft. 76. Eve-
Punishment for Injuries committed against them ry common Purchaser of Land ought at his Peril to
felves on their Subjects, upon the Violation of Na- take Notice of the Eftates and Charges, which are
tional Laws; though the Right of inflicting Punish-upon the Land he purchaſes; for the Law prefumes
ments to provide for the Safety of Society, was ori-that no Man will purchase Lands without Advice of
ginally (before Commonwealths were erected and Counfel. 2 Leon. 89. 2 Lill. Abr. 403. But there
Courts of Justice ordained) in the Hand of every
Man being equal to, and independent of others;
but fince, it has refided in the Hands of the higheft
Powers, as Subjection to others hath taken away
that primitive Right: However, this Power and
natural Right of punishing an Equal, ftill remains in
thofe Places where the People are not fubject to
fome Form of Government. Grot. de Fure Belli, lib.
2. cap. 21. The Puniſhments of Offences are many
and various, adapted to the feveral Degrees of
Crimes, and the Countries wherein committed; and
in England are Beheading, Hanging, Imprifoninent,
Fine, Amercement, &c.
-
Pur auter vie, Is where Lands, &c. are held
for another's Life. See Occupant.
are feveral Statutes which guard against fraudulent
Incumbrances; as the 27 Eliz. cap. 4. ena&s, that
Conveyances of Lands made to defraud a Purchafer,
fhall be void: The 29 Car. 2. cap. 3. makes Judg-
ments of Lands good against Purchafors bona fide,
only from the Time of Signing by the Judges, c.
And no Judgment thall affect Purchafers of Lands,
r. till docketted. 4 & 5 W. & M. cap. 20. Chan-
cery will relieve the Purchaser of a Term, againſt
a dormant Title, when Money hath been laid out
upon Improvements. 2 Lev. 152. A Man contract-
ed for the Purchase of Lands, but before the Con-
veyance was made, he died, having devifed the
Land, &c. and it was held the Devife was good;
becauſe the Vendor, after the Contract, tood
Durchale, (Acquifitum, Perquifitum, Purchafium) Trustee for the Vendee. 3 Salk. 85. And if a Man
Signifies the Buying or Acquifition of Lands, or covenant on a Purchase to pay another fuch a Sum
Tenements with Money, or by Deed or Agreement; of Money, he making him an Eſtate in fuch Land;
and not obtaining it by Defcent, or hereditary if the other tender him a Feoffment, and offer to
Right And Conjunclum Perquifitum is where two or make Livery and Seifin, &c. he may bring an Ac-
more Perfons join in the Purchaſe. Litt. 12. Reg.
Orig. 143. One cometh in by Purchafe when he
comes to Lands by legal Conveyance, and he hath
a lawful Estate: And a Purchase is always intended
by Title, either for fome Confideration, or by Gift;
(For a Gift is in Law a Purchase) whereas Defcent
from an Ancestor cometh of Courfe by A&t of Law:
Alfo all Contracts are comprehended under this
Word Purchase. 1 Inft 18. Doct. & Stud. chap. 24
Purchaſe in Oppofition to Difcent is taken largely;
If an Estate comes to a Man from his Anceſtors
without Writing, that is a Difcent: But where a Purchaſe and Walue of Land. Lands are pur-
Perfon takes any Thing from an Anceftor, or o- chafed at divers Rates in this Kingdom; according
thers, by Deed, Will, or Gift, and not as Heir at to their Situation, c. An Eftate of Fec-fimple
Law; that is a Purchafe. 2 Lill. Abr. 403. When in Lands, is ufually valued in the Country at
an Estate doth originally veft in the Heir, and ne-twenty Years Purchaſe. Lands near London yield a-
ver was nor could be in the Anceſtor; fuch Heir
fhall take by way of Purchaſe: And when the Thing
might have vested in his Anceſtor, though it be firft
in the Heir, and not in him at all; the Heir fhall
have it in Nature of Defcent. 1 Rep. 95, 106. An
Heir takes an Estate by Will, in another Manner
than the Common Law would have given it; there
he takes by Purchase, and not by Defcent; but then
he must be the right Heir. 2 Lev. 79. None can
generally take as Heir by Purchase, which is not a
right Heir; nor by Defcent, where the Eftate was
tion for the Money, as if he had actually made a
Title. 1 Ventr. 148. Natural Perfons, incorporate
Perfons, fole or aggregate, deaf, dumb and blind
Perfons, Minors, and all reaſonable Creatures may
purchase, except in fome Cafes; but fome have Ca-
pacity to purchaſe, and not to hold, as Aliens, Fe-
lons, &c. and others have Ability to hold, or not
to hold upon a Purchase, at the Election of them-
felves or others, as Infants, and Feme Coverts.
1 Inft. 2, 3.
1 Inft. 2, 3. 11 Rep. 77. 7 Rep. 17. See Descent,
Heir, &c.
bout twenty-five Years Purchaſe; and in Wales, not
above eighteen or nineteen. The Fee of Tithes of
perpetual Advowfons is worth about twenty-two
Years Purchaſe: And Fee-farm Rents iffuing out of
Lands, and the Fee of Ground-Rents, are rated at
twenty-four or twenty-five Years Purchase. The
Fee of Houfes in London fells for feventeen or eigh-
teen Years Purchase, if in good Repair, and the
Ground-Rents are not high; otherwife for less:
Houfes not in London, but well fituated, without any
Lands to them, are fold for fifteen or fixteen Years
7 Y
Purchase,
2
܀
.
PU
PU
Purchaſe: For a Leafe of a Houfe for thirty Years, the Bounds of the Foreft, and if he then do his
about eight Years Purchaſe is given in London; and Endeavour to call back and take off his Dogs from
for one and twenty Years about fix Years Value. A the Purfuit, although the Dogs follow the Chafe in
Freehold Leafe for three Lives abfolute, or a Co-the Foreft, and kill the King's Deer there; this is
pyhold Eſtate for the like Term, where the Quit- no Offence, fo as he enter not in the Foreft, nor
Rents and Heriots referved are not higher than umeddle with the Deer fo killed: And if the Dogs
fual, is rated at fourteen Years Purchase; for the faften upon the Deer, before he recover the Fo-
first Life eight, for the fecond four, and two for reft, and the Deer drag the Dogs into the Foreft,
the third Life; or feven, five and two. A Chat-in fuch Cafe the Purlieu-Man may follow his Dogs
tel Leafe for three Lives, thirteen Years Purchaſe. and take the Deer. 4 Inft. 303, 304. But in the
The Exchanging one Life for another is generally Cafe of Sir Richard Wefton, Attorney General, it
was faid, that there was no Purlieu in Law to hunt;
one Year's Purchase; but if a fickly Life be ex-
changed for a healthy one, two or three Years Pur that it cannot be by Prefcription, and there is no-
chafe. A Widowhood in a Copy hold, after the thing in Statures as to Hunting; and therefore Pur-
Death of the Husband a third Life, is valued at lieu Men may only keep out the Deer, but cannot
one Year's Purchase. The Fee in Reverfion after kill them, though they be in their Ground. 1 Jones
Lives, is worth nine, feven, and five Years Pur- Rep. 278. See Moor 706, 987. And notwithstanding
chase, after one, two or three Lives; and more Purlieus are abfolutely difafforeſted, it hath been
where there is Timber, or the Eftate is improveable. permitted, that the Ranger of the Foreft fhall, as
often as the Wild Beats of the Foreft range into the
Land Purch. Compan. 1, 2, 3, 4, &c.
Purlieu, with his Hounds rechafe them back into
the Foreft. 4 Inft.
-
1
Purlicu-men, Are thofe that have Ground with-
in the Purlieu, and being able to difpend forty Shil-
lings a Year Freehold; who, upon thefe two Points,
are licensed to hunt in their own Purlieus, obferving
what is required. Manw. For. Laws 151, 157, 180,
186.
Purparty, (Fr. Pour part, i. e. pro parte) Is that
Part or Share of an Eftate, firft held in Common
by Parceners, which is by Partition allotted to any
of them: To make Puxparty is to divide and fever
the Lands that fall to Parceners, which till Parti-
tion they held jointly, and pro Indivifo. Old Nat.
Br. 11.
Purgation, (Purgatio) Is the Clearing a Man's
Self of a Crime, whereof he is publickly fufpe&ted,
and accufed before a Judge: Of which there was
formerly great Ufe in England. And Purgation is
either Canonica, or Vulgaris; Canonical Purgation is
that which is prefcribed by the Canon Law, the
Form whereof uſed in the Spiritual Court, is that
the Perfon fufpected take his Oath, that he is clear
of the Fact obje&ted against him, and bringing his
honeft Neighbours with him to make Oath, that
they believe he fwears truly: The Vulgar Purgation,
according to the ancient Manner, was by Fire or
Water Ordeal, or by Combat, pra&tifed by Infidels
as well as Chriftians, 'till abolished by Canon.
Staundf. P. C. lib. 2. cap. 48. Stat. Weftm. 1. cap. 2.
Purpzelture, (Pourprestura, from the Fr. Pourprift,
Purgation is one of the Punishments of the Eccle-
fiaftical Courts; but the Stat. 13 Car. 2. cap. 12. an Incloſure) Is when any Thing is done to the Nu-
having taken away the Oath ex Officio, of Perfons fance of the King's Demefnes, or the Highways,
accufing or Purging themfelves, &c. fome main-c. by Inclofure, or Buildings; endeavouring to
tain that all the Proceedings of Purgation upon com- make that Private which ought to be Publick.
mon Fame do fall too; though others fay, there is Glanvil, lib. 9. cap. 11.
ftill a legal Purgation left, but not canonical. Wood's
Inft. 506, 507. Vide Clergy, &c.
1 Inft. 38, 272. And when
Purpzífum, (Fr. Pourpris) A Clofe or Inclofure;
alfo the whole Compafs or Extent of a Manor-
Place. Mon. Ang. Tom. 2. fol. 106.
a Man takes to himself, or incroaches any Thing
which he ought not, whether it be in Lands, Fran-
Purificatio Beatæ Mariæ Virginis, Mentioned chife, or Jurifdiction, it is a Parpresture, and ſome
in the Stat. 32 Hen. 8. cap. 21. See Candlemas.
Writers mention three Sorts of Purpreftures; one a-
Purlue, or Purlieu, (From the Fr. Pur, i. c.gainst the King, the Second against the Lord of the
purus, & Lieu, locus) Is all that Ground near any Fee, and the Third againſt a Neighbour. Kitch. 10.
Foreft, which being added to the ancient Forefts by 2 Inft. 38. Purpresture in a Foreft is every Incroach-
King Hen. 2. Rich. 1. and King John, was after-ment made therein, by Building, Inclofing, or U-
was difafforefted and fevered by the Stat. Charta fing ány Liberty, without lawful Warrant to do the
de Forefta, and the Perambulations and Grants fame: And if any Inclofures are made in Foreſts,
thereupon, by King Hen. 3. fo that it became Pur-they may be laid open, &c. Manwood, cap. 10. Cro.
lue, viz. pure and free from the Laws and Ordinan- Fac. 156. By Statute, Purprestures or Ufurpations
ces of the Foreft. Manwood's For. Laws, par. 2. cap. upon the King, fhall be refeifed; and if any com-
20. Our Anceſtors called this Ground Purlieu, purum plain thereof, he may be heard, and have Right
Locum, because it was exempted from that Servi-done him. 4 Edw. 1. cap. 4. Purprestures and In-
tude which was formerly laid upon it: And whereas croachments are to be inquired of in the Sheriff's
Dalt. Sher. 393.
Manwood and Crompton call it Pourallee, we may de- Tourn.
rive it from Pur, purus, & Allee, Ambulatio, becaufe
he that walketh or courfeth within that Circuit, is
not liable to the Laws or Penalties incurred by
them which hunt within the Foreft Precincts; but
Pourallee is faid to be properly the Perambulation
whereby the Purlieu is deafforefied. Stat. 33 Edw. 1.
4 Inft. 304. The Owners of Grounds within the
Purlien by Difafforestation, may fell Timber, con-
vert Paftures into arable, &c. inclofe them with
any Kind of Inclofure; cre&t Edifices, and difpofe
of the fame as if they had never been afforefted;
and a Purlieu-Man may as lawfully hunt to all In-
tents within the Purlieu, as any Man may in his own
Grounds that were never afforefted: He may keep
his Dogs within the Purlieu unexpeditated; and the
Wild Beafts do belong to the Purlieu-Man ratione
foli, fo long as they remain in his Grounds, and he
may kill them. 4 Inft. 303. If the Purlieu-Man
chafe the Beast with Grey-hounds, and they fly to-
wards the Foreft for Safety, he may purfue them to
3
|
Purpurati, The Sons of Emperors and Kings.
Malmsb. lib. 3.
Durfe, A certain Quantity of Money, con-
taining 500 Dollars, or 125 . in Turkey. Merch.
Di&.
Purſuivant, (From the Fr. Pourfuivre, i. e. Agere,
perfequi) Signifies the King's Meffenger attending
upon him in his Wars, or at the Council Table, in
his Court, and at his Chamber, the Exchequer, &c.
to be fent upon any Bufinefs or Meffuage. Thoſe
that are ufed in Martial Affairs, are called Purſui-
vants at Arms; whereof there are four of fpecial
Name among the Heralds And Stow, ſpeaking of
the Death of the tyrannical King Rich. 3. hath
thefe remarkable Words; His Body was naked to the
Skin, not so much as a Rag about him, and he was
truffed behind a Purfuivant at Arms, like a Hog, or
a
+
1
!
PU
QU
a Calf, &c. The reft of thefe Purfuivants are
ufed upon Meffages in Time of Peace, and efpe-
cially in Matters concerning Jurifdiction. 24 H. 8.
c. 13.
-
heinous; for if any Heir Female under Guardian-
fhip, were guilty of it, the forfeited her Part to the
other Coheirs; or if he were a fole Heirefs, the
Lord of the Fee had her Lands by Efcheat. Spelm.
Glanv. lib. 7. c. 12.
Putatibus, Putative, Reputed, or commonly
eftcemed; oppoſed to what is notorious and unque-
ftionable. Pater Pueri Putativus, i. e. the re-
Pyker, or Pycar, A fmall Ship or Herring boat.
31 Ed. 3. c. 2.
Q.
Wada, Signifies any Kind of Square, a
Quarter,
Quadragefima, The fortieth Part; alſo the
Time of Lent, from our Saviour's Forty Days Faft.
Litt. Di&.
Quadragefima Sunday, Is the Frft Sunday in
Lent; and fo called, because it is about the fortieth
Day before Eafter. Blount.
Purveyance,. (Fr. Pourveyance, from Pourvoir, pro
videre) Is the Providing of Corn, Fuel, Victuals,
and other Neceffarics for the King's Houfe: And
Purveyor is an Officer of the King or Queen, that
provides fuch Corn, Victuals, c. 2 Inft. 543. For-puted Father of the Child.
merly the King's Court was fupplied with Necef Putura, (q. Potura) Is a Cuftom claimed by
faries from the Demefnes of the Crown, which Keepers in Forests, and fometimes by Bailiffs of Hun-
were manured for that Purpofe; but this Method dreds, to take Man's Meat, Horfe Meat, and Dog's
being found to be troublefome, was by Degrees Meat, of the Tenants and Inhabitants within the
difufed, and afterwards the King appointed Offi- Perambulation of the Foreft, Hundred, &c. and in
cers to buy in Provifions for his Houfhold, who the Liberty of Knaresburgh it was long fince turned
were Purveyors, and claimed divers Privileges by into the Payment of 4d. in Money by each Tenant.
the Prerogative of the Crown. They are mention- MS. de Temp. Ed. 3. 4 Inft. 307. The Land fubject
ed in Magna Charta, cap. 22. and other fubfequent to this Cuftom is called Terra Putura. Plac. apud
Statutes: But misbehaving themfelves, feveral Of Ceftr. 31 Ed. 3.
fences of Purveyors were made Felonies; as if they
took Things above the Value of 12 d. against the
Will of the Owner, without Warrant, or fuch Ap-
praiſement as was directed, or without paying for
them, &c. 28 Ed. 1. c. 2. 5 Ed. 3. c. 2. 36 Ed. 3.
c. 2, 3, &c. Though thefe Laws having not fuffici-
ently provided against the Oppreffions of Perfons
employed for making Provifions for the King's
Houfhold, Carriages, and other Purveyance; and
the People of many Countries having been obliged
to fubmit to fundry Rates and Taxes, and Compo-
fitions, to redeem themſelves from fuch Vexations
and Oppreffions, as it is recited by the 12 Car. 2.
cap. 24. it was enacted by that Statute, that from
thenceforth no Sum or Sums of Money, or other
Thing, fhall be taken, raifed, rated, impofed, or
levied, for or in Regard of any Provifion, Car-
riages, or Purveyance for his Majefty, his Heirs or
Succeffors: And by the faid Statute it is ordained,
that no Perfon, by any Warrant or Commiffion
from the King, &c. fhall, by Colour of Buying or
making Provifion or Purveyance for his Majefty, or
any King or Queen of England, or for their Hou-
fhold, take any Timber, Cattle, Corn, Grain,
Malt, Hay, Straw, Victuals, Carriages, or other
Things, of any of the Subjects of his Majefty, his
Heirs or Succeffors, without the full and free Con-
fent of the Owner or Owners thereof, had and ob-
tained without Menace or Force; nor fhall re
quire any to find Horfes, Oxen, Carts, or Car-
riages, for the carrying the Goods of his Majefty,
c. without fuch Confen:: And no Pre-emption
ſhall be allowed or claimed in Behalf of his Ma-
jefty, in Markets, &c. but they fhall be free to all
the Subjects to fell, notwithstanding any Pretence
of Purveyance; and if any fhall make Proviſion or
Purveyance, or imprefs Carriages, contrary to this
Statute, the Juftices of Peace are to commit the
Offenders to Gaol till the next Seffions, when they
ſhall be indi&ed, and proceeded against for the
fame, &c. Stat. 12 Car. 2. cap. 24. par. 13 & 14.
This abfolute and univerfal Restraint of all Kinds
of Purveyance, having been found inconvenient, it
was enacted by 13 14 Car. 2. cap. 20. That the
Officers of the Navy, &c. may prefs Carriages for
the Ufe of his Majefty's Navy and Ordnance, ac-
cording to the Regulations prefcribed by that Sta-
tute, as at fo much per Mile; and the like was pro-
vided by 1 Fac. 2. cap. 10. in Refpe&t to the King's
Royal Progreffes, &c.
Durvieto, (Fr. Pourveu, a Patent or Grant) Is
frequently used by Sir Edw. Coke, for the Body, or
that Part of an Act of Parliament which begins with
Be it enacted, &c. The Statute 3 Hen. 7. ftands up-
on a Preamble and Purview. 2 Inft. 403. 12 Rep.
20.
Putage, (Putagium) Fornicatio ex parte Famine:
quafi puttam agere à Gall. Putte, i. e. Meretrix.
Amongst our Anceſtors this Crime was eſteemed very
Quadragefimalía. In former Days it was the
Cuftom for People to vifit their Mother-Church on
Midlent Sunday, and to make their Offerings at the
High Altar; as the like Devotion was again ob-
ferved in Whitfun-Week: But as the Proceffions and
Oblations at Whitfontide were fometimes commuted
into a rated Payment of Pentecostals; fo the Lent or
Eafter Offerings were changed into a Cuftomary
Rate called Quadragefimalia, and Denarii Quadrage.
fimales, alfo Letare Ferufalem.
Duadrans, A fourth Part of a Penny: And be-
fore the Reign of King Edw. 1. the ſmalleſt Coin
was a Sterling or Penny, marked with a Crofs, by
the Guidance whereof a Penny might be cut into
Halves for a Half-penny, or into Quarters or four
Parts for Farthings; till to avoid the Fraud of un-
equal Cutting, that King coined Half-pence and
Farthings in round diftin&t Pieces. Matt. Weftm.
Anno 1279.
Quadzantata Terræ, The fourth Part of an Acre.
See Fardingdeal.
Quadzaría, A Place where Men dig Stones ;
fometimes writ Quararia, which we call a Quarry,
c. Mon. Angl. Tom. 2. p. 133, 177.
Quadzivium, The Center of four Ways, where
four Roads meet and croſs each other. By Statute,
Pofts with Inferiptions are to be fet up at fuch Cross
Ways, as a Direction to Travellers, &c. 8 & 9
W. 3. c. 16.
Quadzugata terræ, A Team-Land; or fo much
Ground as may be tilled with four Horſes.
Duæ eft eadem, In Pleading is used to fupply
the Want of a Traverse. 2 Lill. Abr. 405. În a
Claufum fregit fuch a Day, the Defendant pleads
the Plaintiff's Licence to him to enter on the fame
Day, and that virtute inde he entered; he need not
fay Que eft eadem Tranfgreffio: So in Trefpafs for Ta-
king of Goods; if the Defendant juftifies the fame
Day and Place: And in Trefpafs and Battery, if
the Defendant juftifies that the fame Day and
Place the Plaintiff affaulted, him, and that what
Damages happened to him was of his own Wrong;
this is good without Que eft eadem Tranfgreffio, &c.
though he doth not directly anfwer the Affault
laid by the Plaintiff; but where he juſtifies at an-
other
1.
QU
QU
other Day, or at other Place, then he ought to fay,
Que eft eadem. 21 Hen. 7. pl. 2. A Fact laid to be
Nov. and a Juftification Nov. 2. Que eft eadem is
well enough without a Traverse, the Day not be
ing material; but it had been naught, if the Day
had been material. 1 Lev. 241. If a Treſpaſs is al-
ledged 10 Nov. and Juftification the 11 Nov. and
there be an Averment of Que eft eadem, it is here
held good without making any Traverfe. Lutw.
1457. Where a Defendant juftifies dicto Tempore in
the Plaintiff's Declaration, he hath no Occafion to
fay Que eft eadem tranfgreffio; becauſe he agrees with
the Plaintiff in the Time and Place mentioned in
his Declaration, and gives an Answer to it. Mich.
5 W. & M. B. R.
7 & 8 W. 3. that gives another Remedy. 1 Ld.
Raym. 323.
Quale jus, A Writ judicial which was brought
where a Man of Religion had Judgment to recover
Land, before Execution was made of the Judgment;
it went forth to the Efcheator between Judgment
and Execution, to make Inquiry whether the Re-
ligious Perfon had Right to recover, or the Judg-
ment were obtained by Collufion between the Par-
ties, to the Intent that the Lord might not be
defrauded. Reg. Judic. 8, 16, 46. Stat. Weftm. 2.
cap. 32.
Qualified, Signifies a Man enabled to hold two
Benefices. See Plurality.
thofe to the Barons of the Exchequer, &c. which
must be intended in Matters concerning their Of
fice; and is nothing but what the Law would have
implied, if the Office had been granted for Life.
4 Inft. 117.
Duamdiu le bene gefferit, Is a Claufe often in-
Quæ plura, Was a Writ that lay where an In-ferted in Letters Patent of the Grant of Offices, as in
quifition had been taken by an Efcheator of Lands,
&c. that a Man died feifed of, and all the Land
was fuppofed not to be found by the Office or In-
quifition; this Writ was therefore to inquire of
what other Lands or Tenements the Party died
feifed: But it is now made ufelefs, fince the taking
away the Court of Wards and Offices poft mortem.
12 Čar. 2. c. 24. Reg. Orig. 293.
or
Duære, or Querie, Is where any Point of Law,
Matter in Debate is doubted; as not having
fufficient Authority to maintain it. See 2 Lill. Abr.
406.
Duerens non invenit Plegium, A Return made
by the Sheriff, upon a Writ directed to him with
this Claufe, viz. Si A. fecerit B. fecurum de Clamore
Suo Profequendo, &c. F. N. B. 38.
Quæ fervitia, A Writ concerning Services, &c.
See Per quæ fervitia.
Quetta, An Indulgence or Remiffion of Penance
expoſed to Sale by the Pope; and the Retailers of
them were called Questionarii, and defired Charity
for themſelves or
others. Matt. Welm. Anno
1240.
Quæftus, Is that which a Man hath by Pur
chafe; as Hereditas is what he hath by Defcent.
Aut habet Hæreditatem tantum, vel Quæftum
tantum, &c. Glanv. lib. 7. cap. I.
}
•
i
A
J
Quantum metuít, i. e. How much he has de
ferved, is a Man's Action of the Cafe, fo called,
grounded upon the Promife of another, to pay him
for doing any thing fo much as he fhould deferve
or merit.. If a Man retains any Perfon to do Work
or other Thing for him; as a Taylor to make a
Garment, a Carrier to carry Goods, c. without
any certain Agreement; in fuch Cafe, the Law
implies that he fhall pay for the fame, as much as
they are worth, and fhall be reaſonably demanded;
for which Quantum meruit may be brought: And if
one fue another upon a Promife to fatisfy him for
Work done, &c. he muft fhew and aver in his De
claration how much he deferved for his Work.
Comp. Attorn, A Plaintiff declared, that the De-
fendant, in Confideration that the Plaintiff had
found him fufficient Meat, Drink, Washing and
Lodging, for feveral Months laft paft, promised to
pay him as much as he fhould deferve, and averred
that he deferved fo much upon Non Aſſumpfit
pleaded, the Plaintiff had a Verdict; but it was
moved in Arreft of Judgment, that the Declaration
Quakers, (From Tremulus) Are fuch who pre- was fhort and incertain, as to the Time and Num-
tend to tremble or quake, in the Exercife of their ber of Months Though the Declaration was held
whimfical Religion. Quakers to the Number of good, and the Plaintiff had Judgment. Mich. 12 W.
Five or more, affembling in Religious Worship not 3. B. R. 2 Salk. 557: Where the Word Quantum
authorized by Law, were to forfeit for the firft was omitted in the Declaration, Tantum hath been
Offence 51. for the fecond 101. &c. by Stat. 13 adjudged fufficient, viz. The Defendant promifed to
14 Car. 2. cap. 1. but they are exempted from the pay fo much as he deferved; and Meruiffet fignifies
Penalties of that A&t by the 1 W. & M. c. 18. The as much as ipfe Meruiffet: Alfo on feveral Counts,
7 & 8 Will. 3. cap. 27. enacts, That Quakers making Quantum habere meruit was conftrued to be Quantum
and fubfcribing the Declaration of Fidelity men-babere meruerit, to make the Parties mean fome-
tioned in 1 W. & M. and owning King William to what, as it was plain they did, though this was con-
be rightful and lawful King, fhall not be liable to trary to the Grammatical Conftruction; and the
the Penalties of this Act against others refufing to Court held that they must take the Words of the
take the Oaths; and not fubfcribing the Declara-Declaration, to be the very Words of the Promiſe,
tion of Fidelity, &c. they are difabled to vote at &c. Pafch, and Hill. 4 Ann. B. R. In a Quantum
Election of Members of Parliament: Quakers, Meruit, bringing Money into Court was denied.
where an Oath is required, are permitted to make Hill. 8 W. 3. B. R. But it was allowed, ex motione
a folemp Affirmation or Declaration, declaring in Magiftri Raymond, Pafch. 5 Ann., 2 Salk. 597.
the Prefence of Almighty God the Witness of the Quantum valebat, Is where Goods and Wares
Truth, &c. But they are not capable of being fold are delivered by a Tradesman at no certain
Witneffes in a Criminal Caufe; nor of ferving on Price, or to be paid for them as much as they are
Juries; or having Offices in the Government. 7 worth in general; then Quantum valebat lies, and
SW. 3. 34. The Quakers Affirmation is ordained the Plaintiff is to aver them to be worth fo much:
to be in Force for ever, and the Form of it ap- So where the Law obliges one to furnish another
ap-So
pointed by 1 Geo. I. cap. 6. And the 8 Geo. I. cap. 6. with Goods or Provifions, as an Inn-keeper his
authorizes the Affirmation of the Quakers with the Guests, &c. Practif. Attorn. Edit. 1. pag. 72.
Words, I do promife and fincerely declare in the Prefence
of you, &c. without faying in the Prefence of God;
but falfe and corrupt Affirming, incurs the Pains
and Penalties of wilful Perjury. Quakers refufing
to pay Tithes, or Church Rates, Juftices of Peace
are to determine them, and order Cofts, &c. 7 &
8 W. 3. 1 Geo. I. And Quakers may be committed
to Prifon for Non-payment of Tithes, upon the
Stat. 27 H. 8. c. 20. which is not repealed by the
*
:
·
Quare cum, Are general Words ufed in original
Writs, &c. See Original.
Duare ejecit infra Terminum, Is a Writ that
lies for a Leffee, where he is caft out of his Farm
before his Term is expired, against a Feoffee of the
Lands, or the Leffor that ejects him; and the Effect
of it is to recover his Term again, and his Dama-
ges. Reg. Orig. 227. F. N. B. 197. New Nat. Br.
439. It is faid this Writ was deviſed for the fol-
lowing
❤
3
QU
Q· U
Husband alone without his Wife may have the Writ
Quare Impedit; and if a Man who hath an Advow-
fon in Right of his Wife, be diſturbed in his Pre-
fentation, and dies, the Wife fhall bring it on that
Disturbance. 14 Hen. 4. 5 Rep. 97. The Heir fhall
not have Quare Impedit, for a Disturbance temporé
patris; nor can he have Execution upon a Recovery
by the Anceftor. Br. Q. Imp. pl. 7, 9. But by Sta-
rute 13 Ed. 1. c. 5. Ufurpation of Churches during
Wardfhip, particular Eftates or Vacancy, &c. fhall
not bar an Heir at full Age, Reverfioner in Pof-
feffion, or a Spiritual Perfon in Succeffion, from
having a Writ poffeffory of Quare Impedit, &c. as
the Anceſtor or Predeceffor might have had, if fuch
Ufurpation had been in their Time: And the fame
Form of Pleading fhall be had in Darrein Prefent-
ment, and Quare Impedit. Where Partition is made
upon Record, to prefent by Turns, the Coparcener
that is difturbed fhall not be put to a Quare Impedit;
but may have Remedy upon the Roll, by Scire fa-
cias: It is otherwife on an Agreement to prefent.
Stat. ibid. 22 Ed. 4. 8. If Tenant in Tail fuffers an
lowing Cauſe: If a Man make a Leafe of Land for
Years, and after he oufts his Leffee; and then
makes a Feoffment of the Land unto a Stranger in
Fee; now the Leffee cannot have a Writ of Ejec
tione firma againſt the Feoffee, becauſe he did not
put him out, and in that Cafe the Leffee hath no
other Remedy but to enter again into the Land;
and if the Fcoffee do then put him out, the Leffee
may bring Ejectione firma Vi& Armis; but before
Entry made by the Leffee, he had no Remedy a-
gainst the Feoffee: And therefore, by the Equity
of the Statute of Westm. 2. c. 24. which enacts, that
where it fhall happen in one Cafe, a Writ is found,
and in the like Cafe falling under the fame Law,
and wanting the fame Remedy, &c. it is not fo,
the Clerks of the Chancery are to agree upon a
proper Wri, &c. By Reafon of that Statute, was
this Writ devifed. New Nat. Br. 439. And if a
Perfon leafe Lands for Years, and the Leffor doth
ſuffer a Recovery to be had against him upon a
feigned Title, and the Recoverer entereth; the
Leffee fhall have his Writ of Quare ejecit infra Ter-
minum, &c. And the Words of the Writ are, Occa-Ufurpation, and dies, and fix Months pafs, the If
fione cujus Venditionis; and yet the fame is not pro
perly a Sale, but thofe Words are only of Form.
Ibid. It is in the Election of the Leffee, or, if he
grants over his Term, the fecond Leffee, to fué a
Writ of Ejectione firme, or a Quare ejecit infra termin.
against the Leffor, or his Heir, or against the Lord
by Efcheat, &c. if they put the Termor out of his
Term. 19 Hen. 6.
fue in Tail cannot bring Quare Impedit; but at the
next Avoidance he may have it within the fix
Months. 46 Affife 4. This Writ is all in the Pof-
feffion; and the Prefentment of Grantee of the
next Avoidance is a good Title for the Grantor and
Patron in Fee to bring it; and likewife for his Heir,
and other Grantees. 9 Hen. 7. 23. 5 Rep. 97. Pre-
fentment alledged in Leffee for Life, or Years, or
Quare Impedit, Is a Writ lying for him who it is faid in Tenant at Will, is fufficient in Quare
hath purchaſed an Advowfon, against a Perfon that Impedit: So of Tenant in Dower, or by the Curte-
difturbs him in his Right of Advowfon by Prefent fy; alfo of Tenants by Statute Merchant, Staple
ing a Clerk thereto, when the Church is void. or Elegit, &c. 21 Ed. 4. 2, 5. Co. Rep. 97. Mal-
F. N. B. 32. Stat. Wefm. 2. cap. 5. It differs from lory's Q. Imped. 155. It fuppofes both a Poffeffion
Affife of Darrein Prefentment (or Ultima Præfentationis) and a Right; and a Plaintiff muft alledge a Preſen-
becauſe that lies where a Man or his Anceſtors, tation in himſelf, or in thofe under whom he claims;
under whom he claims, have formerly prefented to unless
unless it be in Cafe of Lapfe, &c. In the Declara-
the Church; and this is for him that is the Pur- tion of the Plaintiff, it is not fufficient for him to
chafer himſelf: But in both thefe, the Plaintiff re- alledge, that he, or fuch a Perfon from whom he
covers the Preſentation and Damages; though in claims, were feifed of the Advowson of the Church,
the Writ of Darrein Presentment, &c. he recovers but he must alledge a Prefentation made by one of
only the Preſentation, not the Title to the Advow them; for if he doth not, the Defendant may de-
fon, as he doth in a Quare Impedit; for which Rea- mur to the Declaration: And the Reafon of this
fon that Affife is feldom brought, and for that the is, that the Defendant, by joining the laſt Preſenta-
Proceedings in it are very tedious: And where a tion to his own Title, is to make appear, that he
Man may have Affife of Darrein Prefentment, he hath a Right to prefent now as well as then. Cro.
may have Quare Impedit 2 Inft. 356. 3 Nelf. Abr. 31. Eliz. 518. 5 Rep. 97. Vaugh. 57. The Writ muft
The Writ Quare Impedit is to be brought in Six be brought in that County where the Church is;
Months after the Avoidance; and by it a Patron the Patron and Incumbent are to be named in it,
may be relieved, not only in his Prefentation to a the one as he may be difpoffeffed of his Patronage,
Church, but to a Chapel, Prebend, Vicarage, &c. And and the other of his Prefentation; and it is ufual
this Writ lies of a Donative, and the fpecial Matter likewife to make the Bishop a Defendant, to pre-
is to be fet forth in the Declaration: It alfo lieth vent a Lapfe, where the Church is void, pendente lite :
for a Deanery by the King, although it be elective; Quare Impedit will not lie against the Ordinary and
and for an Archdeaconry, but not for a meer Office of Incumbent, without naming the Patron; becauſe at
the Church. 1 Inft. 344. 1 Leon. 205. And the Common Law the Incumbent could not plead any
Chapter may have a Quare Impedit against the Dean Thing which concerned the Right of Patronage,
of their feveral Poffeffions. 40 Ed. 3. 48. If the and therefore it is unreaſonable that he alone fhould
Quare Impedit be for a Donative, the Writ fhall be be named in the Writ who could not defend the Pa-
Quare Impedit to prefent to the Donative; if of a tronage; but the Stat. 25 Ed. 3. c. 7. enables him to
Parfonage, then it is Quare Impedit Præfentare ad Ec- plead against the King, and to defend his Incum-
clefiam; if to a Vicarage, it is ad Vicariam; if to a bency, although he claims nothing in the Patronage;
Prebend, ad Prabendam, &c. 3 Nelf. Abr. 35. If a and by that Statute he fhall plead against any com-
Bishop be disturbed to collate, where he ought to mon Perfon; though with this Difference, that
make Collation, he may have a Writ Quare Impedit, when the Inheritance of the Patron is to be deveſted
and the Writ fhall be quod permittat ipfum Præfentare, by a Judgment in a Quare Impedit, there he muſt
c. and he shall count upon the Collation: And if be named in the Writ; but where the next Prefen-
the King be difturbed in his Collation by Letters Patation only is to be recovered, he need not be na-
tent, he fhall have Quare Impedit, &c. New Nat.
Br. 73. A Grantee of a next Avoidance may bring
this Writ against the Patron who granted the Avoid-
ance. 39 Hen. 6. It may be brought by Executors,
for a Disturbance in vita Teftatoris; and Executors
being diſturbed in their Prefentation, may bring
Quare Impedit as well as their Teftator might. Owen
99. Lutw. 1.
Husband and Wife jointly, or the
med: Yet where the King prefents without a Title,
and his Clerk is inducted, the Quare Impedit is to be
againft the Ordinary and Incumbent; for it will not
lie against the King; but if he is Plaintiff, the Writ
may be brought against the Patron alone, without
naming the Incumbent. 7 Rep. 25. 2 Cro. 650. Palm.
306. If the Church be full of a Prefentation, fo
that there is no Danger of Lapfe, the Bishop need
7 Z
not
}
QU
QU
•
not be named in a Quare Impedit; but it is other- (nothing but as Ordinary; and the three Defendants
wife where it ftands upon a Disturbance only: And made a Title; but there was a Verdict against
though this Writ will lie againſt a Patron alone; yet them: It was a Queftion, Whether the Writ of Ex-
in a common Cafe, where any Clerk is prefented ecution fhould be awarded to the Archbishop, or
and inducted, the Incumbent fhall not be removed, the Bishop; and it was held, that where neither
without naming him alfo. Hob. 320. Glifs. & Gulft. of them are Parties in Intereft, it may be directed
235. Fenk. Cent. 200. The only Plea which the to either; but if the Bishop is Party in Intereft,
Bishop hath by the Common Law on a Quare Im-it must be directed to the Archbishop. 6 Rep. 48.
pedit is, that he claimeth nothing but as Ordinary; 3 Bulft. 174. And if the Archbishop of Canterbury
he could not counterplead the Patron's Title, or be Plaintiff in a Quare Impedit, the Writ must be
any Thing to the Right of Patronage, nor could directed to the Archbishop of York, &c. Showy. 329.
the Incumbent counterplead fuch Title, till the If the Defendant pleads Ne difturba, which is in
faid Stat. 25 Ed. 3. by which both the Bishop and Effe&t the General Iffue in a Quare Impedit, this
the Incumbent may counterplead the Title of the will be only a Defence of the Wrong with which
Patron; the one, when he collates by Lapfe, or he ftands charged, and is fo far from controverting
makes Title himfelf to the Patronage; and the othe Plaintiff's Title, that it as it were confeffes it;
ther being Perfona imperfonata, may plead his Pa- and the Plaintiff may prefently pray a Writ to the
tron's Title, and counterplead the Title of the Bishop, or maintain the Disturbance in order to
Plaintiff And it has been adjudged, that the In-recover Damages. Hob. 163. There muſt be à Di-
cumbent cannot plead to the Title of the Par-fturbance to maintain this Action: In a Quare Im-
fonage, without fhewing that he is Perfona imperfo-pedit, the Patron declared upon a Disturbance of
nata of the Preſentation of the Patron, W. Jones 4. him to prefent 1 November; the Incumbent pleaded,
March 159. 3 Nelf. Abr. 38. In a Quare Impedit, that I May next after, the Prefentation devolved
though it was found that the Church was full of upon the Queen by Lapfe, and the prefented him
another, who was a Stranger to the Writ, and it to the Church, &c. And upon Demurrer the Plea
did not appear whether he came in by a better Ti was held ill; becauſe the Defendant had not con-
tle than that which was found for the Plaintiff; it feffed and avoided, nor traverſed the Disturbance,
was held, that the Plaintiff might have a general fet forth in the Declaration: And though by the
Writ to the Bishop, which he is bound by Law to Demurrer the Queen's Title was confeffed, it ap-
execute, or fhall be amerced, &c. and he cannot pearing that it was already executed, and the De-
return that the Church is full of another; for no fendant having loft his Incumbency by ill Pleading,
Iffue can be joined between the Bifhop and the the Writ fhall not be awarded to the Bishop for the
Plaintiff, becaufe he has no Day in Court. 6 Rep. Queen to prefent again, but for the Patron. 1 Leon.
51. 3 Leon. 136. But where a Plaintiff recovered 194. In all Quare Impedits, the Defendant may tra-
an Advowfon in Ejectment, and thereupon had a verfe the Prefentation alledged by the Plaintiff,
Writ to the Bishop, there being another Incumbent if the Matter of Fact will bear it; but the Defen-
in the Church, who was not a Party to the Action; dant múlt not deny the Prefentation alledged,
adjudged, that this Writ would not lie without a where there was a Prefentation. Vaugh. 16, 17.
Scire facias to the Incumbent. Sid. 93. If it appears And if a Prefentment is alledged in the Grantor
in a Quarè Impedit, either in Pleading, or by Con- and Grantee, the Prefentment in the Grantor is
feffion of the Parties, that neither of them have a only traverſable; for that is the Principal. Cro.
Title, but that it is in the King; the Court may Eliz. 518. The Courts at Westminster are very cau-
award a Writ to the Bishop for the King, to re- tious not to abate the Writ of Quare Impedit, for
move the Incumbent, and admit idoneam Perfonam any Want of Form, &c. yet if the Bishop againſt
ad Præfentationem Regis; but this must be when his whom the Writ is brought, or any of the Defen-
Title is very plain. Hob. 126, 163. 1 Leon. 323. In dants are mifnamed, it is good Caufe of Abatement:
Quare Impedit, the Plaintiff and Defendant are both If the Patron be not named in the Writ, it
Actors, fo that the Defendant may have a Writ to pleaded in Abatement; though the Death of the
the Bishop, as well as the Plaintiff; but not with Patron pending the Writ doth not abate it, if the
out a Title appearing to the Court; wherefore if Quare Impedit is brought against the Bishop, Patron,
the Defendant never appears, the Plaintiff muft and Incumbent: And if the Incumbent dies, pend-
make out a Title for Form-fake, and fo muft the ing the Writ, and a Disturber fhould prefent again,
Defendant if the Plaintiff be nonfuited. Hob. 163. and die, Quare Impedit would lie upon the firft Di-
If the Plaintiff, after Appearance, in a Quare Im-fturbance by Fournies Accounts; but the first Writ is
pedit be nonfuited, it is peremptory; becaufe the abated by the Plaintiff's Death; alfo if the Plaintiff
Defendant upon a Title made, whereby he becomes bring a new Writ within fifteen Days after the
Actor, ſhall have a Writ to the Bishop: And it is Abatement, that fhall be a Continuance of the first
the fame in Cafe of a Difcontinuance. 7 Rep. 27. Writ, and prevent the Defendant's taking any Ad-
It is the Nature of a Quare Impedit to be final, vantage: But if the Writ abate for any Fault in
either upon a Difcontinuance or Nonfuit; and a the Declaration, the Defendant fhall have a Writ
Man cannot have two Suits for the fame Thing in to the Bifhop to admit his Clerk; and fo he fhall
this Cafe againſt one Perfon, though he may have if Judgment is given upon a Demurrer, &c. Cro.
feveral Quare Impedits againſt ſeveral Perfons. 7 Rep. Eliz. 324. Cro. Car. 651. 7 Rep. 57. Dyer 240. In
27. Hob. 137. The Parfon, Patron, and Ordinary a Plea of Quare Impedit, Days are given from 15 to
are fued; the Ordinary difclaims, and the Parfon 15, or from three Weeks to three Weeks, accord-
lofeth by Default; the Plaintiff fhall have Judging to the Diſtance of Place: And if the Disturber
ment to recover his Prefentation, and a Writ iffue come not in on the great Diftreſs, a Writ is to be
to the Bishop, &c. with a Ceffat executio, until the fent to the Bishop, that he claim not to the Pre-
Plea is determined between the Plaintiff and Pa- judice of the Plaintiff for that Time; and upon
tron. Vaugh. 6. Several were Plaintiffs in a Quare Recovery, Judgment is to be given to the Party
Impedit, the Defendant pleaded the Releafe of one
of them pending the Writ; and it was refolved,
that this Releaſe fhall only bar him who made it,
and that the Writ fhall ftand good for the Reft.
5 Rep. 97. In a Quare Impedit against the Archbi-
fhop, the Bishop, and three Defendants; the Arch-
bishop pleaded that he claimed nothing but as Me-
tropolitan; and the Bishop pleaded that he claimed
す
​3
may be
to recover the Prefentation and Advowfon. Stat.
52 H. 3. c. 12. 2 Roll. Abr. 377. And Damages are
given in a Quare Impedit, by the Stat. of Wefim. 2.
c. 5. though Damages fhall not be had against the
Bishop, where he claims nothing but as Ordinary,
and is no Difturber. 3 Lev. 59. Before this Statute
no Damages were allowed on a Quare Impedit; and
the King hath none at this Day, for although he
declares
"
QU
QU
62. If one brings a Quare Impedit againſt the Pa-
tron and Incumbent of a Church within fix Months,
aand recovers after the fix Months, he fhall remove
the Incumbent, if named in the Writ. 2 Roll. Abr.
373. And the King cannot remove an Incumbent,
prefented, inftituted and inducted, although upon
a Ufurpation, but by Quare Impedit in a judicial
Way. 2 Cro. 385. If a Man at this Day, by the
King's Licence, creates a Church which ſhall be
prefentable, if he be difturbed to prefent to it, he
may have a Quare Impedit without alledging a Pre-
fentation in any Perfon: But anciently it was held
he might not, becauſe he could not alledge a Pre-
fentment. 20 Ed. 4. 14. Mallory's Q Imped. 153.
See Prefentation, &c.
declares Ad damnum, &c. he is not within that
Statute; becaufe by his Prerogative he cannot lofe
his Preſentation. 6 Rep. 52. If a Plaintiff hath
Verdict, and the Church is found to be vacant, the
Patron may have the Fruits of his Prefentation,
and fo not be intitled to Damages; in which Cafe,
a Remittitur de damnis is entered. 3 Lev. 59. There
are two Fudgments in a Quare Impedit, viz. That the
Plaintiff fhall have a Writ to the Bishop; and this
is the final Judgment, that goes to the Right be-
tween the Parties, and is the Judgment at Common
Law: And Judgment for Damages, fince the Stat.
of Westm. 2. after the Points of the Writ are in-
quired into; which Judgment is not to be given
but at the Inftance of the Party. 1 Mod. 254, 255.
The Points to be inquired of, where the Jury find
for the Plaintiff, &c. are, of whom, and upon
whoſe Preſentment the Church is full; how long
fince it was void; the yearly Value of the Church,
:
Form of the Writ of Quare Impedit.
G Greeting: Command B. Bishop of S. and A. B.
that they justly and without Delay, permit C. D. of, &c.
to preſent a fit Perſon to the Church of H. which is void,
and belongeth to his Gift, as he faith; and whereof the
faid C. complains, that the faid B. Biſhop and A, him
unjustly disturb therein: And if they shall not fo do, and
the faid C. gives you Security, &c. then do you fummon
by good Summoners the faid Bishop and the faid A. that
they be before our Justices at Westminster, &c to fhew
Caufe why they will not do it And have you there, &c.
EORGE the Second, &c. to the Sheriff of W.
Ec. which being found, Damages are to be given
accordingly. 6 Rep. 51. No Cofts are recoverable
in Quare Impedit, becaufe of the great Damages
given by the Statute of Weftm. 2. cap. 5. which or-
dains, that when fix Months pafs hanging a Quare
Impedit, &c. fo that the Bishop prefents by Lapfe,
the Patron fhall recover Damages to two Years Va
lue of the Church; otherwife to have only half a
Year's Value. See 10 Rep. 36. Where Judgment is
given to have a Writ to the Bishop in Quare Im-
pedits; it shall not be reverfed upon a Writ of Error
brought on the whole Judgment, though the Judg.
ment by the Statute for Damages be erroneous and
reverſed. 5 Co. Rep. 58, 59. A Quare Impedit was Form of a Declaration, Plea, and Judgment, &c. in
brought againſt two, one of them caft an Effoin,
and idem dies datus eft to the other, &c. Then an
Quare Impedit.
Bishop
Attachment influed against them for not appearing Wilts. ff. B. Bilbo of Salisbury and A. B. Clerk,
་
at the Day, and Process continued to the Grand
were fummoned to answer to C. D.
Cape; which being returned, and the Parties not Efq; of a Plea, or in an Action, that they permit him to
appearing, it was ruled that final Judgment fhould prefent a fit Parfon to the Vicarage of the Church of H.
be entered according to the Stat, 52 H. 3. But on which is vacant, and belongs to his Gift, &c. And where-
Motion to diſcharge this Rule, because the Defen- upon the faid C. D. by &c. bis Attorney faith or declares,
dants were not fummoned either upon the Attach- that whereas one E. F. was feifed of the Rectory of H.
ment or grand Diftrefs, the Summoners being only in the County aforesaid, whereunto the Advowson of the
the feigned Names of John Doe, and Richard Roe, the Vicarage of the Church aforefaid doth belong, in his De-
Judgment was fet afide; for the Defign of the Sta- mefne as of a Fee and Right; and being ſo ſeiſed thereof,
tute was to have Process duly executed, and that the faid E. F. afterwards, to wit, the Day of, &c. in
must be with Notice, &. And where the Right is the Year of the Reign, &c. at H. aforesaid, by his certain
for ever concluded, this being fo fatal, the Process Deed in Writing, which the faid C. D. with the Seal of
muft never be fuffered to be a Thing of Course. the faid E. fealed, here brings into this Court, the Date
1 Mod. 248. A Writ of Quare Impedit is had against whereof is the fame Day and Year, granted to the faid
two Perfons, one doth not appear at the Grand Di-C. and one W. M. the Rectory aforefaid, with the Ap-
ftrefs; the other pleads in Bar; there fhall be a
Writ to the Bifhop for the Plaintiff, without his
making any Title, by Stat. Malbr. cap. 12. And
if the Bar pleaded by the other Defendant be found
for him, he fhall alfo have a Writ to the Bishop;
and these two Perfons being admitted, inftituted and
inducted upon the two Writs, fhall try their Right
in an Affife, or Trefpafs. Fenk. Cent. 95. Though
where two Defendants in a Quare Impedit plead
feveral Bars, and one of them is found against the
Plaintiff, and the other with him; he fhall not have
his Writ to the Bishop. If there are many Defen-
dants, pleading feveral Pleas; the Plaintiff fhall
not have Judgment before all the Pleas are tried;
for though fome be for the Plaintiff, others may be
found against him, and he cannot have Judgment
without good Title. F. N. B. 30. Hob. 70. When
one recovers in a Quare Impedit againſt an Incum-
bent, the Incumbent is fo removed by the Judg-
ment, that the Recoverer may prefent without
any Thing farther; but the Incumbent continues
Incumbent de facto; till fuch Prefentation is made
And if the Plaintiff in this Suit be inftituted upon
a Writ to the Bishop, the Defendant cannot ap-
peal; if he doth, a Prohibition lies; becaufe in
this Cafe, the Bishop acts as the King's Minifter,
and not as a Judge. 2 Roll. Abr. 365. 1 Roll. Rep.
purtenances, whereunto the Advowson, &c. amongst other
Things; To have and to hold to the faid C. and W. and
the Heirs of the faid C. for ever: By Virtue of which
Grant the faid C. and W. were feifed of the Rectory a-
forefaid, with the Appurtenances, whereto, &c. in their
Demefne, to wit, the faid C. as of Fee and Right, and
the faid W. as of Freehold for Term of his Life; and the
faid C. and W. being fo thereof feifed, afterwards the Vi-
carage of the faid Church became vacant, by the Death or
Refignation of, &c. the last Incumbent, and yet is void:
And for that Reafon, it now belongs to the faid C. to pre-
fent a fit Parfon to the faid Vicarage; and the faid Bi-
shop and A. unjustly binder, or difturb him therein, where-
upon be declares, that he is injured and endamaged to the
Value of 100 1. and thereof be brings Suit, &c. And
the faid B. Bishop of S. and A. B. Clerk, by, &c. their
Attorney, come and defend the Force and Injury when, &c.
And the faid A. B. pleads, &c. And the faid Bishop and
A. B. further plead, that the faid C. D. ought not to
have his faid Action against them, because they say that
the faid Vicarage of the faid Church of H. became vacant
by the Death of the faid, &c. on the Day, &c. in the
Year of our Lord, &c. on which Day the faid Bijhop
collated the faid Church fo vacant, to the faid A. B. for
that the fix Months after the Avoidance of the faid Churck
were fully elapfed, fo that the Right of Collating was de-
volved to the Biſhop as Ordinary of that Place, as it was
lawful
1
}
}
[
1
QU
QU
F. N. B. 47.
lawful for him to do; and this they are ready to verify; Quare non admifit, Is a Writ which lies againſt
wherefore they pray Fudgment, whether the faid C. D. a Biſhop where a Man hath recovered his Advow-
ought to have his faid Action against them, &c. And fon, or Preſentation in a Writ of Right of Advow-
the faid C. D. replies, that he ought not by any Thing fon, or in Quare Impedit, or other Action, and the
above alledged, to be precluded or barred from his faid Bishop doth refufe to admit his Clerk, upon Pre-
Action; becauſe he faith, &c. (Here fetting forth a tence of Lapfe, &c. it is requifite in the Writ to
Prefentment of one G. H. and the Bishop's Refusal to ad- mention the Recovery; and it is to be brought in
mit him, &c. whereon they are at Iſſue, and a Verdi& the County where the Refufal was.
for the Plaintiff.) That the Bishop did totally refufe to ad- 7 Rep. Dyer 40. In a Quare non Admifit the Plain-
mit and institute him, and that the Church is full of the tiff fhall recover Damages: And if a Plaintiff
faid A. B. by the Collation of the faid Bishop of S. and have Judgment in a Quare Impedit, and a Writ is
that the faid Church is, and at the Time, &c. was of awarded to the Bishop; if upon this Writ the Bi-
the yearly Value of, &c. Therefore it is adjudged, that shop makes a falfe Return, the Plaintiff may have
the faid C. D. do recover against the faid Bishop of S. and Quare non Admifit against him, and have his Da-
A. B. bis Preſentation of the Vicarage of the Church a-mages. Dyer 260. King Edw. 1. prefented his Clerk
forefaid, and his Damages, to the Value of the Church for to a Benefice in Yorkshire, and the Archbishop of
Half a Year, which amount to, &c. affeffed by the faid that Province refuſed to admit him; upon which
Fury in the Manner aforefaid; and let him have a Writ the King brought a Quare non Admifit, and the
to the Archbishop of Canterbury, Primate of all Eng-Archbishop pleaded that the Pope had a long Time
land, and Metropolitan of that Place, because the faid before provided for that Church, as one having fu-
Bishop of S. is a Party, &c. (and for that the faid A.
B. is admitted, inftituted and inducted into the fame
Church by the faid Bishop) to remove the faid A. B. from
that Church, and that he admit a fit Parfon thereto, on
the Prefentment of the faid C. D. and be the faid Bi-
Shop and A. B. amerced, &c.
·
preme Authority in that Cafe, and therefore he
could not admit the King's Clerk: It was adjudg-
ed, that for his Contempt to execute the King's
Writ, the Archbishoprick fhould be feifed, &c.
5 Rep. 12. If the Bishop refufe the King's Pre-
fentee, and doth afterwards admit him, yet the
King fhall have Quare non Admifit for the Refufal:
and fo it is prefumed may a common Perfon. New
Nat. Br. 106.
Quare non permittit, Is mentioned as an an-
cient Writ that lieth for one who hath a Right to
prefent to a Church for a Turn, against the Proprie-
tary. Fleta, lib. 5. cap. 6.
of her Dower, &c. And if the Heir, or any other
eje&t her, fhe may bring the Writ De Quarentena ha-
benda; but the Widow fhall not have Meat, Drink,
&c. though if there be no Provifion in the House,
according to Fitzherbert, fhe may kill Things for her
Provifion. Magn. Charta, cap. 7. Bract. lib. 2. cap.
40. F. N. B. 161.
Quare Incumbzabít, A Writ that lieth against
the Biſhop, who within fix Months after the Va-
cation of a Benefice, confers it upon his Clerk,
whilſt two others are contending at Law for the
Right of Prefentation. Reg. Orig. 32. Or it is a
Writ brought after a Recovery in a Quare Impedit,
or Affife of Darrein Prefentment, against the Bishop Quarentine or Duarentaine, (Quarentena) Is a
that thus admits a Clerk, notwithstanding the Writ Benefit allowed by Law to the Widow of a Man
Ne admittas ferved on him: For if the Bishop dying feifed of Lands, whereby fhe may challenge
doth incumber the Church before a Ne admittas is to continue in his capital Meffuage, or chief Man-
iffued, then the Party fhall have a Quare Impedit; fion-houfe, (not being a Caftle) by the Space of for-
as the Ordinary can have no Notice till the Nety Days after his Deceafe, in order to the Affignment
Admittas. F. N. B. 32, 33. Wood's Inft. 571. And if
a Man hath a Writ of Right of Advowson depending
between him and another, and the Church is void
pendant the Writ, the Plaintiff fhall not have a
Quare Icumb. or Ne admittas, although the Bifhop
incumber the Church; because the Plaintiff fhall
not recover the Piefentment upon this Writ, but
the Advowson : And where he hath Title to pre- Duarentine, Is alfo the Term of forty Days
fent, he may do it; and have Quare Impedit, if he wherein any Perfons coming from foreign Parts in-
be difturbed. New Nat. Br. 108, 109. If the Bi-fected with the Plague, are not permitted to land or
fhop delay the true Patron in his Prefentation, and come on Shore, until fo many Days are expired.
the Patron fues a Quare Impedit, he may thereupon Stat. 9 Ann. cap. 2. 7 Geo. I. cap. 3. 1 Geo. 2. c. 17.
have a Ne Admittas; and if the Bifhop after the See Plague.
Receipt of fuch Writ, admit the Clerk of any
other Perfon without a Verdi& in a Jure Patronatus,
the true Patron fhall have Quare Incumbravit a-cap. 16.
gainst the Bishop, and thereby recover the Pre-
fentment with Damages: Alfo a Writ is to be di-
rected to the Bishop to difincumber the Church.
F. N. B. 37. This Writ may be brought after the
fix Months; and if the Plaintiff be Nonfuit in a
Quare Incumbravit, he may have another Writ, and
vary for his firſt Declaration, &c. Ibid. 48.´ Af-
ter a Ne Admittas delivered, if the fix Months pafs,
the Bishop may prefent his Clerk for Lapfe, and
fhall not be charged by the Writ of Quare Incumbra-
vit for the Prefentation; but he cannot admit the
Clerk of the other Man, for that would be against
the Writ Ne Admittas delivered to him. F. N. B. 48.
If the Bishop does incumber the Church, where
there is no Difpute about it, yet this Writ Quare
Incumbravit lies; but according to the beft Opinions
there ought to be a Suit depending, though there is
no actual Recovery. 18 E 3. 17. Fitz. Q. Imped. 3.
The Writ is to fummon the Bishop, to be before the Fufti-
ces, &c. to fhew Caufe why he hath incumbred the faid
Church, to the great Damage and Injury of the Plaintiff
A. and contrary to the Laws and Customs of the King-
dom, &c.
3
Duarentine, Likewife fignifies a Quantity of
Ground, containing forty Perches. Leg. Hen. 1.
Duare obftruxit, Is a Writ for a Perſon ob-
ftructed and hindred in paffing through the Land
of another, having a Liberty and Right to paſs
through the fame. Fleta, lib. 4. cap. 26.
Quarería, A Quarry of Stone. Mon. Angl. tom. 2.
fol. 595.
Quarrels. The Word Quarrels properly con-
cerns Perfonal Actions, or Mixt at the higheft: And
yet by a Releaſe of all Quarrels, Actions Real and
Perfonal are difcharged. Co. Litt. 291. Quarrels ex-
tend to Actions; and alfo to Caufes of Actions and
Suits. 8 Rep. 153.
Quartelois, Were upper Garments with Coats
of Arms quartered on them, the old Habit of our
English Knights. Walfing. in vit. Ed. 2.
Quarter, A Measure of Corn, containing eight
Bushels ftriked. Stat. 15 R. 2. c. 4.
Quar-
terium Frumenti conftat ex octo Buffellis. Fleta.
Quarterium Anní, A Quarter or the fourth
Part of a Year. Matt. Weftm. Ann. 1259.
Quarterizatio, Is Part of the Punishment and
Execution of a Traitor, by dividing his Body into
four Quarters.
Fecit decollari, & Membratim
dividi,
1.
QU
QU
Q U
1
dividi, & quarterifari, & Caput & ejus Quarterias Majefty conftituted the Queen Regent of the King.
ad Regni certas Civitates tranfmitti, &c. Artic. Ri-dom, during his Abfence abroad; to be capable of
cardi Scrope Archiep. Ebor. apud Angl. Sacr. par. 2. the Office, without taking the Oaths, or doing
any A& required by Law to qualify any other.
pag. 366.
2 Geo. 2. c. 27.
Quarter-Seffions, Is a General Court held by
the Fußtices of Peace in every County, once every
Quarter of a Year; originally erected only for Mat-
ters touching the Breach of the Peace, but now its
Power is greatly increaſed, and extends much far-
ther by many Statutes. The Holding thefe Seffions
Quarterly was first ordained by the 25 Ed. 3. Stat. 1.
cap. S. And the particular Times are appointed by
36 Ed. 3. c. 12. See Juftices of Peace.
•
Duah, (Quaffare, Fr. Quaffer or Caffer, i. e. Caf
fum facere) Is to overthrow or annul any Thing
Bract. lib. 5. 11 Hen. 6. cap. 2. As if the Bailiff of
a Liberty return any Jurors out of his Franchife,
the Array fhall be quafbed. Co. Lit. 156. And the
Court of B. R.. hath Power to quash Orders of Sef
fions, Prefentments, Indictments, &c. Though this
Quafhing is by the Favour of the Court, and the
Court may leave the Party to take Advantage of
the Infufficiency by Pleading; as they generally do
where an Indictment is for an Offence very preju-
dicial to the Commonwealth, as for Perjury, &c.
2 Lill. Abr. 410. 2 Hawk. P. C. 258. The Court will
not quash an Information; but there must be a De-
murrer to it, if it be infufficient. 2 Lill. 411. Vide
Stat. 7 W. 3. c. 3. Sec Indictment. The Bill of the
Plaintiff quafbed, fee Plea.
Quaterymes of wines, (Fr. Quatriefme) A Tax
of the Fourth Penny for all Wines retailed.
Quechboro, A Kind of Game, fuppofed to be
what we now call Shovelbord, prohibited by the Stat.
17 Ed. 4. c. 3.
Queen Dowager. No Man may marry the
Queen Dowager without Licenfe from the King, on
Pain to forfeit his Lands and Goods: But if fhe
marry any of the Nobility, or under that Degree,
the lofeth not her Dignity; but by the Name of
Queen may maintain an Action. 1 Inst. 18, 50.
The Statute 25 Ed. 3. making it Treafon to violate
the Queen, extends not to a Queen Dowager, but the
King's Wife and Companion And a Queen Confort
and Queen Dowager fhall be tried, in Cafe of Trea-
fon, by the Peers. 2 Inft. 50.
Queen-gold, (Aurum Regina) Is a Royal Duty
or Revenue belonging to every Queen of England,
during her Marriage to the King, payable by Per-
fons in this Kingdom and Ireland, upon divers
Grants of the King, by Way of Fine or Oblation,
c. being one full tenth Part above the entire
Fines, on Pardons, Contracts, or Agreements,
which becomes a real Debt to the Queen, by the
Name of Aurum Regina, upon the Party's bare A-
greement with the King for his Fine, and Record-
ing the fame. Lib. Nig. Scac. pag. 43. 12 Co. Rep.
21, 22.
Que Eftate, Signifies which Eftate; and is a Plea,
where a Man intitling another to Land, &c. faith
that the fame Eltare fuch other had, he has from
him: As for Example, in a Quare Impedit, the
Plaintiff alledges that two Perions were feifed of
Lands, whereunto the Advowfon in Queſtion was
appendant in Fee, and did prefent to the Church,
and afterwards the Church was void: Que Eftate,
that is, which Eftate of the two Perfons he hath now,
by Virtue whereof he prefented, &c. Bruke 175.
A Man cannot plead a Que Estate in
1
Queen, (Lat. Regina, Sax. Cwen, i. e. Uxor, a
Wife, fed propter Excellentiam, the Wife of the King)
In our Law is, either fhe that holds the Crown of
this Realm by Right of Blood, or who is married Co Lit. 121.
to the King; the First of which is called Queen Regan Eftate-tail, nor can it be pleaded in Eltates for
nant, and the laft Queen Confort: She that holdeth Life, or for Years; a Que Estate of a Term may
by Blood is, in Conftruction of Law, the fame with not be pleaded, by Reafon a Term cannot be gain-
the King, and hath the like regal Power in all Re-ed by Diffeifin, as a Fee may; but one may plead
fpects; but the Queen Confort is inferior to the a Que Eftate in a Term in another Perfon, under
King, and his Subject. Staundf. Prarog. 10. 3 Inft. 7. whom he doth not claim, and be good; for he is
1 Mar. Parl. 2. cap. 1. To compafs the Death of the not privy to the Eftate of the Stranger, to know his
Queen is Treafon : Violating the Queen's Perfon, &c. Title. Rep. 46. 3 Lev. 19. 1 Lev. 190. Lutw. 81.
is alfo Treafon; and if the confents to the Adulter- A Thing that lies in Grant, cannot be claimed by
er, it fhall be Treafon in her. 25 Ed. 3. 3 Inft. 9. a Que Eftate, directly by itself; yet it may be
The Queen, as the King's Wife, partakes of feveral claimed as Appurtenant to a Manor, by Que Estate
A Man may not pre-
Prerogatives above other Women, viz. By the Com-in the Manor. 1 Mod. 232.
mon Law, the Wife of a King is a publick Perfon, fcribe by a Que Estate of a Rent, Advowfon or
exempt from the King; and is capable of Lands or Toll; but he may of a Manor, &c. to which thefe
Tenements of the Gift of the King, which no other are appendant. 2 Mod. 144. 3 Mod. 52. A Per-
Feme Covert is; fhe is of Ability, without the King, fon cannot plead a Que Eftate, without fhewing
Cro. Fac. 673. This
to purchaſe, grant, and make Leafes; and may fue the Deed how he came by it.
and be fued alone, in her own Name only, by Pre-is in Cafe of a Rent in Grofs or Lands which cannot
cipe, not by Petition: She may have in herself the pafs from one Man to another without Deed. Fenk.
Poffeffion of perfonal Things during her Life, &c. Cent. 26.
But both Real and Perſonal Eſtate goes to the King
after her Death; if he doth not in her Life-time
difpofe of them, or devife them away by Will.
1 Inft. 3, 31, 133. Finch 86.
Que eft eadem, See Que eft eadem, &c.
where Tenants at Will bringing an Action againf
their Lord, the Plaintiffs fay, that he threatned
them in fuch Sort, that he forced them to give up
their Lands; to which the Lord pleads, that he faid
unto them, if they would not depart he would fue
them at Law; this being the fame Threatning that he
ufed, or to speak artificially Que eft le mefme, the
Defence is good. Kitch. 236.
Que eft mefme, (Signifying Verbatim, the fame
Thing) Is a Word of Art, in Actions of Trefpafs,
1 Roll. Abr. 912. A&ts&c. for a direct Juftification of the very Act com-
of Parliament relating to her, need not be plead-plained of by the Plaintiff as a Wrong: And if
ed; for the Court muft take Notice of them, be-
caufe fhe is a publick Perfon. 8 Rep. 28. If a Te-
nant of the Queen aliens a Part of his Tenancy to
one, and another Part to another; the Queen may
diftrain in any one Part for the Whole, as the
And in a Quare Im-
King may do. Wood's Inft. 22.
pedit brought by the Queen, fome fay that Plenarty
is no Plea; but fee 2 Inft. 361. The Queen fhall
pay no Toll, c. 1 Inft. 133. By Statute, the pre-
fent King might grant to his late Queen out of the
Crown Revenues, an Annuity of 100,000l. per An-
num, to commence after his Death, and continue
during the Queen's natural Life, for fupporting her
Royal Dignity, &c. Stat. 1 Geo. 2. cap. 3. And his
Querela, An Action or Declaration preferred in
any Court of Juftice; whence comes Querens or
Complainant, and the Word Quarrel against any
Perfon. And Quietos effe à Querelis was to be ex-
empted from the customary Fees paid to the King
or Lord of a Court, for Liberty to prefer fuch an
8 A
Action ;
:
1
:
QU
Action; but more ufually to be free from Fines
and Amercements impofed for common Trefpaffes
and Defaults. Chart. King Hen. 2. to Bernard de S.
Wallery. Kennet's Gloff. See Plaint.
Querela cozam Bege Concilio, &c. A Writ
whereby one is called to juftify a Complaint of
Trefpafs made to the King himfelf, before the King
and his Council. Reg. Orig. 124.
Querela frescæ fortiæ, Is a Writ of Fresh Force.
Vide Fresh Force.
Duett, An Inqueft or Inquifition, upon the Oaths
of an impanelled Jury: In London, in the Christmas
Holidays, the Aldermen and Citizens of every
Ward hold a Queſt, to inquire of Mifdemeanors
and Annoyances, &c.
Queſtus eft nobis, Is the Form of a Writ of
Nufance ordained by Statute, lying against him to
whom the Houfe or other Thing that occafioned
the Nufance is fold or alienated. Stat. 13 Ed. 1.
c. 24. See Quod permittat.
Duia improbide, Seems to be a Superfedeas grant-
ed in the Behalf of a Clerk of the Chancery, who is
fued contrary to the Privilege of that Court in C. B.
and profecuted to the Exigent; and in many other
Cafes, where a Writ is unwarily and erroneously
fued out, or mifawarded. Dyer 33.
QU
Quinque-poztus, The Cinque Ports; which are
Haftings, Romney, Dover, Sandwich, &c. See Cinque
Ports.
Quinfieme or Quinzime, A French Word figni-
fying a Fifteenth; with us it was a Tax, fo called,
being raifed ofter the Rate of the Fifteenth Part of
Men's Lands or Goods. 10 Ric. 2. cap. 1. 7 Hen. 7.
cap. 5. Though it is faid to be a Miftake, that
this was a Tax of the Fifteenth Part of Lands;
for it was of the Goods only, and was firft granted
by the Parliament, 18 Ed. 1. And the Way of col-
lecting it, was by two Affeffors appointed in every
County by the King; and they deputed others in
every Hundred, who made a true Valuation of
every Man's Goods, and then caufed the Fifteenth
Part to be levied. Blount. See Fifteenths.
Quinfime, Is fometimes ufed for the Fifteenth
Day after any Feast; as the Quinzime of St. John
Baptift. 13 Ed. 1.
Quintal, One hundred Pound Weight of Fish, &c.
Quintane, (Quintena) Was a Roman military
Sport or Exercife, by Men on Horfcback, former-
ly practifed in this Kingdom to try the Agility of
the Country Youth: It was a Tilting at a Mark
made in the Shape of a Man to the Navel, in his
Left Hand having a Shield, and in his Right Hand
Quid furis clamat, Is a Writ judicial, iffuing a wooden Sword, the Whole made to turn round,
out of the Record of a Fine before it is ingroffed; fo that if it was ftruck with the Lance in any other
and it lies for the Grantee of a Reverfion or Re- Part but full in the Breaft, it turned with the Force
mainder, when the particular Tenant will not at- of the Stroke, and ftruck the Horfeman with the
torn. Reg. Judic. 36, 37. After the Fine is ingrof Sword which it held in its Right Hand: This Sport
fed, the Cognifee fhall not have a Quid juris clamatis recorded by Matt. Parif. Anno 1253.
against the Tenant for Life: But the Courfe is,
Quint-exal, (Quinto exactus) Is the laft Call of
when he in the Reverfion upon the Writ of Cove-the Defendant, who is fued to Outlawry; and if he
nant ſued againſt him, maketh Recognisance of do not then appear, he is by the Judgment of the
the Reverfion by Fine, &c. then upon that the Coroners returned outlawed. 31 Eliz. c. 3.
Cognifee may have this Writ against the Tenant for
Life; and if he be fick or not able to travel, a De-
dimus Poteftatem ſhall be granted to take his Cogni-
fance, and to certify the fame into C. B. When
after Plea pleaded, the Tenant may make Attorney;
and if he be adjudged to attorn, a Difiringas ad at-
tornandum shall be awarded against him, &c. New
Nat. Br. 328. This Writ feems to be obfolete and
difufed, fince the Stat. 4 & 5 Ann. See Attorn-
ment.
Quíd pro quo, Signifieth what for what; and is
ufed in the Law, for the giving of one Thing of
Value for another Thing, being the mutual Confi-
deration and Performance of both Parties to a Con-
tra&t. Kitch. 184. And as this is the Confideration
of a good and binding Contract or Bargain: So that
which is contrary to it, is what the Law calleth Nu-
dum pactum. 5 Rep. 83. Dycr 98.
Duietancía, A Quittance, or Acquittance. See
Acquietantia.
Quietare, To quit, difcharge, or fave harmlefs;
often found in old Deeds and Conveyances.
Duicte clamare, Is to quit Claim, or renounce
all Pretentions of Right and Title.
De una
virgata terra in M. Richardus Aldreda remiferunt
Quiete clamaverunt de fe & hæredibus, &c. pre-
dict. A. & hæred. fuis, & pro hac Remiffione Quieta
clamatione.idem A. dedit, &c. Bra&t. lib. 5.
Quietus, (Freed or Acquitted) Is a Word made
Ufe of by the Clerk of the Pipe and Auditors in the
Exchequer, in their Acquittances or Difcharges given
to Accountants; ufually concluding with abinde recef-
fit quietus, which is called a Quietus eft: A Quietus
eft granted to the Sheriff, will difcharge him of all
Accounts due to the King. Stat. 21 Fac. 1. cap. 5.
And thefe Quietus's are mentioned in the Acts of
General Pardon. 12 Car. 2. cap. 11. and 14 Car. 2.
cap. 21,
Quietus Bedditus, Rent acquitting the Tenant
from all other Services, c. See Quit-Rent.
Quinquagefima Sunday, Is what we call Shrove-
Sunday; about the fiftieth Day before Eafter. Britt.
I
•
Mui tam, Is when an Information is exhibited
against any Perfon on a Penal Statute, at the Suit
of the King and the Party who is Informer, where
the Penalty for Breach of the Statute is to be di-
vided between them; and the Party Informer pro-
fecutes for the King and himself. Finch 340. If the
whole Sum is given by Statute to any Perfon who
will fue for the fame, the Profecutor may bring
A&tion Qui tam, or fue in his own Name, &c. 2 Lill.
Abr. 59. See Information.
Quit-claim, A Relcafe of one from any Action
he hath against him, &c. See Quiete clamare.
Duit-Rent, (Quietus Redditus, quafi Quit-Rent)
Is a certain finall Rent, payable by the Tenants
of Manors, in Token of Subjection, and by which
the Tenant goes quiet and free: In ancient Re-
cords, it is called White Rent; becauſe paid in Sil-
ver Money, to diſtinguiſh it from Rent-Corn, &c.
2 Inft. 19.
Quoad hoc, Is often ufed in Law Pleadings and
Arguments, to fignify As to this Thing named, the Law
is fo, &c.
Quod Clerici non Eligantur in Dficio, Is a
Writ that lies for a Clerk, who by Reaſon of Lands
he is poffeffed of, is made Bailiff, Reeve, or fuch
like Officer. Reg. Orig. 187.
Quod cum, In Indictments, &c. As A. B. was
indicted Quod cum C. D. he had done fuch a Thing:
And this being by way of Recital, and not pof-
tively, is not good. 2 Hawk. P. C. 227. 3 Salk. 188.
In Forgery, a Quod cum has been held well enough,
where it was but an Inducement to the Fact; and
when the Inducement came to charge the Offence,
it did it in a particular Manner; but it is other-
wife in Action of Trefpafs, &c. for there it is only
Recital. Trin. 2 Anne.
1
Duod ei defozceat, A Writ for Tenant in Tail,
Tenant in Dower, by the Curtefy, or for Term of
Life, having loft their Lands by Default, againſt
him that recovers, or his Heir. Reg. Orig. 171.
Stat. Weftm. 2. cap. 4. And Quod ei deforceat may
be brought against a Stranger to the Recovery; as
if
QU
:
=
Q U
+
1
if a Man recover by Default, and maketh a Feoff- Perfon indebted to him on Bargain, or Contract,
ment this Writ may be had against the Feoffee:. becaufe by the Detaining of his Debt, he is
If a Woman lofe by Default, and taketh Husband, the lefs able to pay the King. Terms de Ley. It if
The and her Husband fhall have the Quod ei defor- fues out of the Exchequer, to take the Body of the
ceat; but where Tenant in Tail lofeth by Default, Defendant, as the Capias in the Common Pleas; and
and dieth, his Heirs fhall not have a Writ of Quod the Latitat in the King's Bench; and runs into Wales,
ei deforceat, but a Formedon: And if Husband and where no Writ does out of thofe Courts, except it
Wife lofc by Default the Land of the Wife, which be the Capias Utlagatum: And tho' formerly it was
the holdeth for Term of Life, and the Husband allowed only to fuch Perfons, as were Tenants or
dieth, fhe may not have this Writ, for Cui in vita Debtors to the King; at this Day the Practice is
is her Remedy; and when one bringeth Quod ei become general for the Plaintiff to furmife that for
deforceat, he counts that he was feifed of the Land the Wrong which the Defendant doth him, he is
in his Demefne, as of Freehold, or in Tail, c.lefs able to fatisfy his Debt to his Majefty; which
without fhewing of whofe Gift he was feifed; alfo Surmife gives Jurifdi&tion to the Court of Exche-
he ought to alledge Efplees in himſelf, and then the quer, to hear and determine the Caufe. Pract.
Defendant is to deny the Right of the Plaintiff, Excheq. 225. In this Cafe a Debtor hath a Kind of
c. and fhew how that at another Time he reco- Prerogative Remedy granted to him, fuppofing
vered the Land against the Plaintiff, by Formedon, that he is difabled to pay the King: And in this
or other Action; and fhall fay in the End of his Suit, the Plaintiff hath many Privileges above o-
Plea, Quod ipfe paratus eft ad manutenendum jus & Tither Men in their ordinary Suits. Old Nat. Br. 148.
tulum Tuum predict. per Donum, &c. unde petit Judic.
&c. New Nat. Br. 347, 349, If Tenant in Tail, or
fuch other Tenant, who hath a particular Eftate,
loſe by Default, where he is not fummoned, &c. he
may have either a Writ of Difceit, or Quod ei defor-
ceat. Ibid.
Quod permittat, Is a Writ which lieth againſt
any Perfon who erests a Building, though upon his
own Ground, fo near to the Houſe of another, that
it hangs over, or becomes a Nufance to it.
2
Lill.
Abr. 413. Formerly where a Man built a Wall, a
Houſe, or any Thing which was a Nufance to the
Freehold of his Neighbour, and afterwards died;
in fuch Cafe, he who received any Damage there-
by, fucd a Quod permittat against the Heir of him
that did the Nufance; and the Form of it was
Quod permittat profternere murum, &c. 3 Nelf. Abr.
44 The Writ was given by the Statute Weftm. 2.
And at Common Law an Affife of Nufance did not
lie against the Alienee of a Wrong-doer, for the
Purchaſer was to take the Land in the fame Con-
dition that it was convey'd to him; but by the
faid Statute of Westm. 2. c. 24. Damages may be re-
covered against the Perfon who fold the Land, if
the Nufance be not abated on Request made to him,
or against the Perfon to whom he fold it; though
this doth not extend to the Alienee of the Alienee.
3 Nelf. 45. Lutw. 1588. This Writ is feldom
brought, being turned into Action on the Cafe. Vi-
de Nufance.
|
Kitch. 178. Finch 66. If a privileged Perfon of the
Exchequer Court fue out a Quo minus in any Action
in which the King is Party, the Sheriff in Execu
tion thereof may, after Requeft to open Doors,
break them open, &c. Pract. Solic. 194.
Duozum, (Lat.) Often occurs in our Statutes,
and Commiffions both of the Peace and others, but
particularly in Commiffions to Juftices of Peace ;
and a Justice of the Quorum is fo called, from the
Words in the Commilfion, Quorum A. B. unum effe
volumus: As where a Commiffion is directed to five
Perfons, whereof A. B. and C. D. to be Two: In
this Cafe A. B. and C. D. are faid to be of the Quo-
rum, and the Reft cannot proceed without them.
They are ufually Perfons of greater Quality or
Eftates than the common Commiffioners.
3 Hen. 70
cap. 3. 32 Hen. 8. cap. 43.
Duozum nomina. In the Reign of King Hen. 6.
the King's Collectors, and other Accountants, were
much perplexed in paffing their Accounts, by new
extorted Fees, and forced to procure a then late
invented Writ of Quorum nomina, for the Allowing
and Suing out their Quietus at their own Charge,
without the Allowance of the King. Chron. Angl.
Quota, A Tax to be levied in an equal Manner.
Chart. Ric. 2.
Duo Warranto, Is a Writ which lies against any
Perfon or Corporation, that ufurps any Franchife or
Liberty against the King, without good Title; and
is brought against the Ufurpers to fhew by what
Duod permittat lies alfo for the Heir of him Right and Title they hold or claim fuch Franchife
that is diffeifed of his Common of Pafture, againſt or Liberty: It alfo lies for Mifufer, or for Nonufer
the Heir of the Diffeifor, being dead. Terms de Ley of Privileges granted; and by Bracton, it may be
507. And according to Broke, this Writ may be brought against one that intrudes himself as Heir
brought by him whole Anceſtor died feifed of Com- into Land, &c. Old Nat. Br. 149. Finch 322. 2 Inft.
mon of Pafture, or other like Thing annexed to 279. The Statute of Quo Warranto is the 18 Ed. 1.
his Inheritance, against the Deforccor: If a Man which is commented upon 2 Inft. 494, 495, c.
is difturbed by any Perfon in his Common of Pa- And the Attorney General may exhibit a Quo War-
fture, fo that he cannot uſe it, he fhall have a ranto in the Crown-Office against any particular
Quod permittat; fo of a Turbary, Pifcary, Fair, Perfon, Body Politick or Corporate, who fhall
Market, &c. New Nat. Br. 272, 273, 275, 276. claim or ufe any Franchifes, Privileges or Liber-
And a Parfon may have a Quod permittat against a tics, not having a legal Grant or Prefeription for
Diffeffor, &c. in the Time of his Predeceffor. the fame; and compel them by Procefs to appear
13 Ed. 1. c. 24. The Writ Quod permittat, on a Dif- in the Crown-Office, and fhew Caufe or fet forth by
feifin of Common of Pafture, directed to the She-way of Pleading what Title they have to the Pri-
riff; Commands A. that july, &c. he permit B. to
have Common of Pasture in, &c. which he ought to have,
as it is faid; and unless he shall do it, &c. then fummon,
&c.
Duo jure, Is a Writ to compel a Man to fhew
by what Title he claims Common in the Land of
another Perfon, brought by fuch other. F. N. B.
128. It is a Writ of Right in its Nature, and
lieth againſt ſeveral Tenants; but they must make
feveral Detences and Titles, c. New Nat. Br.
284.
Quo minus, A Writ that lies for the King's
Farmer or Debtor in the Exchequer, against any
vileges claimed, and Iffue fhall be joined and tried
thereon by Nifi Prius, or the Plea be determined
by the Judges on Demurrer, as in other Cafes: But
though on Demurrer, &c. the Question be deter-
mined for the Defendant, yet he has no Cofts al-
lowed him; if againſt him, he must be fined for the
Ufurpation, and pay large Cofts to the Profecutor.
Inftit. Legal. 147, 148, 157. But this is altered by
Statute 9 Ann. It hath been adjudged, that the Stat.
4 & 5 W. & M. cap. 18. by which Informations in
the Crown-Office are not to be filed without exprefs
Order in open Court, &c. being a remedial Law,
extends to Informations in the Nature of a Quo War-
ranto,
QU
RA
ranto, which always fuppofe a Ufurpation of fome Nature of a Quo Warranto, at the Relation of any
Franchiſe; and it is the general Practice not to Perfon defiring to profecute, who fhall be mention-
make fuch an Order for an Information, withouted therein to be the Relator against fuch Ufurper,
firft making a Rule upon the Perfon complained of and proceed as ufual; and if the Right of divers
to fhew Caufe to the contrary; and this Rule is Perfons may properly be determined in one Infor-
grounded on an Affidavit of the Offence, &c. and mation, one Information fhall ferve, and the De-
if the Ferfon on whom the Rule is made and per fendants fhall appear and plead as of the fame Term,
fonally ferv'd, do not at the Day given fatisfy the c. the Information is filed, unless the Court give
Court by Affidavit, that there is no reaſonable further Time; and the Profecutor fhall proceed
Caufe for the Profecution, the Court generally with all convenient Speed: And if the Defendants be
grants the Information; and upon fpecial Circum-found guilty of an Ufurpation, &c. the faid Courts:
ftances, will grant it against thofe who cannot be may as well give Judgment of Oufter, as fine the
perfonally ferv'd with fuch Rule; as if they pur-Defendants; and alfo give Judgment that the Re-
pofely abfent themfelves, &c. But if the Party on lator fhall recover his Cofts: And if Judgment be
whom fuch a Rule is made, fhew to the Court a given against the Relator, the Defendants fhall have
reafonable Caufe against fuch Profecution; as a-Cofts to be levied by Capias ad Satisfaciend. Fieri
gainst a Quo Warranto Information, that his Right facias, &c. In a Quo Warranto, the Judgment is fi-
in the Franchife in Queftion hath been already de-nal, becauſe that is a Writ of Right; but Judgment
termined on a Mandamus; or been acquiefced in on Information, in Nature of a Quo Warranto, is not
many Years; or that it depends on the Right of o- conclufive: The Proceedings in one are Summons,
thers which hath not been tried; or that the Fran- and Judgment that the Liberties be feifed, if the
chife no way concerns the Publick, but is wholly of Defendant doth not appear; but in the other the
private Nature, &c. the Court will not generally Procefs is a Venire facias and Diftringas. Sid. 86. Kela.
grant the-Information. 2 Hawk. P. C. 262, 263. A 139, &c. 3 Nelf. Abr. 43. Upon Quo Warranto,
Quo Warranto was brought for Vexation, on Forty- when the Liberties are feifed quoufque, &c. and they
eight Points; and the Court on Motion, ordered do not replevy them, the Courfe is, that Judgment
that the Profecutor fhould wave that Quo Warranto, final be given, Nif they plead within fuch a Time.
and bring a new one, and therein infilt only upon Comberbach 18, 19. Wherever Judgment is given for
three Points; but that he might proceed to Trial the King on a Quo Warranto, for Libefries ufurped,
upon his new Quo Warranto, in fuch Time as he the Judgment is Quod extinguatur, and that the U-
might have done upon the old. Hill. 22 Gar. B. R. furpers Libertates, &c. nullatenus intromittant; and in
2 Lill. Abr. 414. A Quo Warranto requires to know fuch Cafe the Writ must be brought against parti-
of the Defendant by what Authority" he claims the cular Perfons: But where the Quo Warranto is for
Liberties, and charges him with the wrongful Ufur-a Liberty claimed by a Corporation, there it is to
pation of them: In a Quo Warranto to fhew by what
Authority a Perfon claimed to have a Court-Leet,
and alledging farther quod ufurpavit Libertatem fine
aliqua conceffione, &c. The Defendant pleaded Non u
furpavit, and it was objected that this was no good
Plea, for that the Anſwer to a Quo Warranto is either
to claim or difclaim; but the better Opinion was,
that by this Plea the Defendant had anfwered the
Ufurpation, tho' it did not fhew by what Title he
had claimed. Godb. 91. In Quo Warranto for ufing
Fair and Market, and taking Toll, Iffue was taken,
whether they had Toll by Prefeription; or not; and
it was found that they had; and it was moved in Ar-
reft of Judgment, that here was a Difcontinuance,
because there was no Iffue as to the other Liberties
claimed: But it was held, they were too ſoon to
make this Objection, and that there can be no Dif
continuance against the King before Judgment; for
a
be brought against the Body Politick; and the Li-
berties may be feifed, but the Corporation ſtill fub-
fifts, and is not diffolved without Caufe of Forfei-
ture. 4 Mod. 52, 58. A Judgment of Seifure can-
not be proper where a Thing is diffolved: And by
the Judgment in the Quo Warranto against the City
of London, which was quod Libertates & Franchifia ca-
piantur & feifantur in manus Regis, the Corporation
was not diffolved; for if implied that they were not
extinguished. Ibid. It has been obferv'd, that fre
quent and violent Profecutions on Quo Warranto's in
Behalf of the Crown, have been fatal to both King
and People.
Abbí,
R.
by Virtue of his Prerogative, the Attorney General Rbbi, in the Greek fignifics Magifter or Maſter.
Litt. Dict.
Bace, (Progenies) A Stock or Lineage. Law. Lat.
Dict.
Bachetum, (From the Fr. Racheter, i. e. Redi-
mere) The Compenfation or Redemption of a
Nullus capiat Rachetum de Latrocinio.
Thief.
1 Stat. Rob. K. Scot, c. 9.
Bachimburgi, Saith Blount, are Judges. Leg. Ca-
nut. c. 103.
may proceed to take Iffue upon the Reft, or may
enter a Nolle Profequi; but if he will not proceed,
the Court may make a Rule on him ad replicandum,
and then there may be a ſpecial Entry made of it.
Hardres 504. 3 Nelf. Abr. 43. A Motion was made
for an Information in Nature of a Quo Warranto,
against a Mayor and Aldermen, to fhew by what
Authority they admitted Perfons to be Freemen of
the Corporation, who did not inhabit in the Borough: Back, An Engine to extort Confeffion from Delin-
The Motion was faid to be in Behalf of the Freequents: And John Holland Earl of Huntingdon, be-
men, who by this Means were encroached upon; ing by King Hen. 6. created Duke of Exeter, and
and an Information was granted, there being no o- made Conftable of the Tower of London, he and Wil-
ther Way to try it, nor to redress the Parties con- liam de la Poole Duke of Suffolk and others, intend-
cerned. i Salk. 374. Quo Warranto Information may ing to have introduced the Civil Laws in this King-
be brought against a Perfon voting in the Election dom, for a Beginning brought into the Tower the
of a Mayor, or other Chief Magiftrate of a Corpo- Rack or Brake, allowed in many Cafes by the Civil
ration, that hath no Right to do it, upon Affidavit Law. Inft.
3
made that the Defendant voted in fuch an Ele&ion,
and that the Deponent the Profecutor believes he
had no Right to do it, &c. And by Stat. 9 Ann.
If any Perfon fhall ufurp, intrude into, or
unlawfully hold or execute the Office of a Mayor,
Bailiff, or other Office in any Town Corporate or
Place in England, the proper Officer of the Court c. 14.
of King's Pench, &c. may exhibit Informations in the
c. 20.
10
35.
Back-Bent, Is the full yearly Value of the
Land let by Leafe, payable by Tenant for Life or
Years, &c. Wood's Inft. 185.
Rack-Mintage, A fecond Vintage, or Voyage
made by our Merchants for Rack'd Wines, i, e.
Wines drawn from the Lees. Stat. 32 Hen. 8.
Bade=
1
}
I
RA
RA
•
Badecheniftres, Are Liberi Homines. Domefday.
I Inft. 5:
Radius, Signifies a Furrow in Land. Fleta, lib. 2.
cap: 73.
Badman or Beadman, (From Sax. Read, Coun-
fel) A Counſellor. Domes.
Bageman, Is a Statute of Juftices affigned by
King Ed. 1. and his Council, to hear and determine
all Complaints of Injuries done throughout the
Realm, within the five Years next before Michael
mas, in the fourth Year of his Reign:
2
Bape of Women, Is an unlawful and carnal
Knowledge of a Woman, by Force and against her
Will: A Ravishment of the Body; and violent de-
flouring her; which is Felony by the Common and
Statute Law Co. Lit. 190. And the Word Rapuit
is fo appropriated by Law to this Offence, that it can-
not be expreffed by any other; even the Words Car-
naliter Cognovit, &c. without it, will not be fuffici-
ent. 1 Inft. 124. 2. Inft. 180. There must be Pene-
tration and Emiffion, to make this Crime; and it is
faid Emiffion may be Evidence prima facie of Pene-
Bagman's Boll, Rectius Ragimund's Roll, fo tration, tho' not full Evidence: If there be no Pc-
called from one Ragimund a Legate in Scotland, who netration and Emiffion, an Attempt to ravifh a
calling before him all the beneficed Clergymen in Woman, though it be never fo outragious, will be
that Kingdom, caufed them upon Oath to give in an Affault only. 1 Hawk. P. C. 108. It was a Que-
the true Value of their Benefices; according to ftion before 18 Eliz. c. 7. whether a Rape could be
which they were afterwards taxed by the Court of committed on the Body of a Child of the Age of
Rome: And this Roll, among other Records, being fix or feven Years; and a Perfon being indicted for
taken from the Scots by our King Ed. 1. was rede- the Rape of a Girl of feven Years old, although he
livered to them in the Beginning of the Reign of was found guilty, the Court doubted whether a
King Ed. 3. Sir Richard Baker in his Chronicle Child of that Age could be ravifhed; if ſhe had
faith, That Ed. 3. furrendered by Charter all his been nine Years old fhe might, for at that Age ſhe
Right of Sovereignty to the Kingdom of Scotland, may be endowed. Dyer 304. By the Stat. 18 Eliz.
and reſtored divers Inftruments of their former Ho-whofoever fhall carnally know and abuſe any Wo
mages and Fealties, with the famous Evidence cal-man Child under the Age of ten Years, he shall
led Ragman's Roll. Bak. Chron. 127.
Bamília, Little Branches, or Loppings of Trees,
cut off or blown down. Mon. Ang. Tom. 1. pag.
809.
Ban, (Sax.) Is open or publick Theft; an open
Spoiling a Man, fo manifeft that it cannot be de-
nied. Ran dicitur aperta Rapina, que negari
non poteft. Lamb. 125. Leg. Canut. cap. 53. Confo-
nant whereto it is to this Day vulgarly faid by one,
who taketh the Goods of another injuriously and
violently, that he hath taken or fnatched all he
could Rap and Ran.
Range, (From the Fr. Ranger, i. e. to order,
array, or difpofe of) Is ufed in the Forest Laws as
a Verb, as to range; and as a Subftantive, to make
Range. Chart. Foreft, c. 6.
fuffer as a Felon, without Benefit of Clergy: And
upon an Indictment for this Offence, it is no way
material whether fuch Child confented, or were
forced; but it muſt be proved that the Offender en-
tered her Body, &c. Cro. 332. Dalt. 393. In
3
Rapes, it is no Excufe or Mitigation of the Crime,
that the Woman at laft yielded to the Violence,
and confented either after the Fact or before, if
fuch her Confent was forced by Fear of Death or
of Durefs; or that he was a common Strumpet,
for fhe is till under the Protection of the Law,
and may be forced: But it was antiently held to
be no Rape to force a Man's own Concubine; and
'tis faid by fome to be Evidence of a Woman's Con
fent, that he was a common Whore. 1 Hawk. 108.
1 Inf. 123. Allo formerly it was adjudged not to
be a Rape to force a Woman, who conceived at the
Time; becauſe if ſhe had not confented, fhe could
not have conceived: Though this Opinion hath been
fince queftion'd, by Reafon the previous Violence
is no way extenuated by fuch a fubfequent Confent;
and if it were neceffary to fhew that the Woman
did not conceive, to make the Crime, the Offender
Banfome, (Fr. Rancon, i. e. Redemptio) Is pro- could not be tried till fuch Time as it might appear
perly the Sum paid for redeeming a Captive or whether he did or not. 2 Inft. 190. The fooner
Prifoner of War; and fometimes taken in our Law Complaint is made of a Rape the better: In Scotland
for a Sum of Money paid for the Pardoning fome it ought to be complained of the fame Day or Night
great Offence, and fetting the Offender at Liberty it is committed; and our Law mentions forty Days:
who was under Imprifonment. Sat. 1 H. 4. cap. 7. It is a strong Prefumption against a Woman, that
11 Hen. 6. cap. 11. Fine and Ranſom go together, he made no Complaint in a reaſonable Time after
and fome Writers tell us that they are the fame; the Fact. 1 Inft. 123. 7 Inft. 59. H. P. C. 117. On
but others fay, that the Offender ought to be firft a Bill of Confpiracy, &c. where a Defendant did
imprisoned, and then delivered or ransomed in Con- not indi&t the Plaintiff for a Rape, in a ſhort Time
fideration of a Fine. 1 Inft. 127. Dalt. 203. And after the Injury ſuppoſed to be done, but concealed
Ranfom differs from Ameriament, being a Redemp-it for Half a Year, and then would have preferred
tion of a Corporal Punishment due to any Crime.
Lamb. Eiren. 556.
Banger, A Sworn Officer of the Foreft, to in-
quire of Trefpaffes, and drive the Beafts of the
Foreft out of the deafforefted Grounds into the Fo-
reft, &. He is made by Patent, and hath a Fee
paid yearly out of the Exchequer, and certain Fee
Deer. Chart. Foreft. c. 7. Manwood's For. Laws, pag.
50. See Foreft.
Rape, (Rapus vel Rapa) Is a Part of a County,
fignifying as much as a Hundred, and often-times
contains in it more Hundreds than one. As all
Suffex is divided into fix Rapes only, viz. The Rape
of Chichester, Arundel, Bramber, Lewis, Pevensey and
Haftings; every of which, befides Hundreds, hath
a Caftle, River, and Foreft belonging to it. Camd.
Britann. 225, 229. Thefe Rapes are incident to the
County of Suffex; as Lathes are to Kent; and Wa-
pentakes to Yorkshire, &c.
an Indictment against him; this was refolved to be
malicious, and that there not being Recens profecutio
argued a Confent. 3. Nelf. Abr. 4.5. A Woman ra
vifh'd may profecute, and be a Witneſs in her own
Caufe. 3 Rep. 37. Yet a Woman's pofitive Oath of
a Rape, without concurring Circumftances, is fel-
dom credited: If a Man can prove himself to be
in another Place, or in other Company, at the Time
fhe charges him with the Fact, this will overthrow
her Oath; fo if he is wrong in the Defcription of
the Place, or fwears the Fact to be committed in a
Place whereto it was impoffible the Man could have
Bape of the Fozelt, (Raptus Forefte) Trefpafs Accefs at that Time; as if the Room was lock'd
committed in the Foreft by Violence; and is recup, and the Key in the Cuftody of another Perſon,
koned among thofe Crimes, whofe Cognifance bc-. Aiders and Abettors in committing a Rape,
longed only to the King. Inter delicta numera- may be indicted as principal Felons, whether Men
tur, quorum cognitio ad unicum Regem Spectat. Leg. or Women; and the Lord Audley was indicted and
executed as a Principal, for affifting his Servant to
Hen. I. c. 10.
8 B
raviſh
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:
RA
RE
ferred upon him by the Bishop, where the Right of
Patronage is doubted or fuppofed to be in the King.
Reg. Orig. 304.
Batío, A Cauſe, or Judgment given therein; and
ponere ad rationem, is to cite one to appear in Judg
ment. Walfingh. 83.
raviſh his own Wife, who was admitted a Witness
against him. Dalt, 107. State Trials, Vol. 1. p. 265.
By Hale C. J. A Party ravifhed may give Evidence
upon Oath; but the Credibility of her Teftimony,
and how far fhe is to be believed, must be left to
the Jury, being more or lefs credible according to
the Circumſtances of Fact, and Signs of the Injury,
which are many; and tho' Rape is a most deteftable
Crime, it is an Accufation eafily made, and hard Rationabili parte, A Writ of Right for Lands,
to be proved, but harder to be defended by the. See Recto de Rationalibi parte.
Rationabile Eßtoberíum, Was Alimony hereto-
fore fo called. Rot. 7 H. 3.
Man accused, altho' ever fo innocent: And there Rationabili parte Bonozum, Is a Writ that lies
are feveral Inftances of Rapes fully proved, but have for the Wife, after the Death of her Husband,
after been discovered to be malicious Contrivances. against the Exccutors of the Husband denying her
1 Hale's Hift. P. C. 633, 635. Of old Time, Rape the third Part of his Goods after Debts and Funeral
And it appears by
was Felony, and punished with Death; efpecially Charges paid. E N. B. 222.
if the Party ravished were a Virgin, unleſs fuch Glanvile, that by the Common Law of England, the
Virgin would accept of the Offender for her Hus-Goods of the Deceased, his Debts first paid, fhall
band, in which Cafe fhe might fave his Life; by mar- be divided into three Parts; one Part for the Wife,
rying him; for if the demanded him for her Huf another Part for his Children, and the Third to
band before Judgment paffed, he escaped Punish-the Executors: And this Writ may be brought by
ment; but by the Stat. Weftm. 2. her Election is the Children, as well as the Wife. Reg. Orig. 142.
taken away Afterwards it was looked upon as a But it feems to be used only where the Cuftom of the
great Mifdemeanor only, and not Felony, but Country ferves for it; and the Writs in the Regiſter
dreadfully punished, viz. by the Lofs of Eyes and rehearse the Cuſtoms of the Counties, &c. New Nat.
Privy Members; and by the Statute of Weftm. 1.Br. 270, 271. As to Children bringing this Writ,
3 Ed. 1. cap. 13. it was reduced to Trefpais, fub-
jecting the Offender to two Years Imprifonment, and
a Fine at the King's Will: But the Stat. Weftm. 2.
c. 34. made it Felony again; and it is excluded
from the Benefit of the Clergy, by 18 Eliz. Rape
was excepted out of the general Pardon, 2 W. & M.
c. 10, & Sce Appeal of Rape.
Wilts. ff.
An Indictment for a Rape.
T
their Marriage is no Advancement, if the Father's
Goods be not given in his Life-time; but where a
Child is advanced by the Father, this Writ will not
lie. Ibid.
Rationabilibus Díbífis, A Writ lying where two
Lords, in divers Towns, have Seigniories or Lord-
fhips joining together, for him that finds his Wafte
by little and little to have been incroached upon,
againſt the other that had made the Incroachment,
to rectify the Bounds and Divifions; in which Re-
fpe& Fitzherbert fays it is in its Nature à Writ of
Right: And the Old Nat. Br. calls it a Kind of
Fufticies, that may be removed by a Pone out of the
mo-County-Court into the Common Pleas. F. N. B. 128.
Reg. Orig. 157. New Book Entries.
HE Jurors, &c. that A. B. of M.
in the County of W. aforefaid, Labourer,
not having the Fear of God before his Eyes, but being
ved and feduced by the Inftigation of the Devil, on the Day
of, &c. in the rear of the Reign, &c. at M. aforefaid
in the faid County, with Force and Arms did feloniously
make an Aſſault in and upon E. D. of the Age of eighteen
Tears, then and there being in the Peace of God and of
our faid Lord the King, and then and there forcibly and
feloniously did ravish and carnally know the faid E. D.
against the Will, and without the Confent of her the faid
E. D. against the Peace of our faid Sovereign Lord the
now King, his Crown and Dignity, and contrary to the
Form of the Statute in fuch Cafe made and provided.
Bapine, (Rapina) To take a Thing in private
against the Owner's will, is properly Theft; but to
take it by Violence, is Rapine. Stat. 14 Car. 2. c. 22.
Vide Ran.
Baptu hæredis, Is an ancient Writ lying for the
Taking away an Heir, holding in Socage; of
which there are two Sorts, one when the Heir is
married, the other when not. Reg. Orig. 163.
Rationale, A Pricft's Garment, worn by the Pope
and Bifhops, as a Token of the higheft Virtue, Que
gratia Ratione perficitur. See Pectorale.
Babage, (From the Fr. Ravager) Is Spoil or Dẹ-
ftruction by Enemies. Law Er. Did.:
Babichment, (Fr. Raviffement, i. e. Direptio, raptio)
Signifies an unlawful Taking away either of a Wo-
man, or an Heir in Ward; and fometimes it is uſed
in the fame Senfe with Rape.
►
Ravishment de gard, Was a Writ that lay for
the Guardian by Knights-Service, or in Socage,
against a Perfon who took from him the Body of
his Ward. F. N. B. 140. By the Star. 12 Car. 2.
c. 24. this Writ is taken away, as to Lands held
by Knights-Service, &c. but not where there is
Guardian in Socage, or appointed by Will: And
the Mayor and Aldermen and Chamberlain of
London, who have the Cuftody of Orphans, if they
commit any Orphan to another, he fhall have a
Writ of Raviment of Ward against him who
taketh the Ward out of his Poffeffions
New Nat.
Baſe, (Rafarium) Seems to have been a Meaſure
of Corn now difufed: Toll fhall be taken by the
Rafe, and not by the Heap or Cantel. Ordin. for Ba-Br. 317.
kers, Exc. cap. 4. Pat. 12 Ed. 3.
Bate, A Valuation of every Man's Eftate; or
the appointing and fetting down how much every
one fhall pay, or be charged with to any Tax.
Stat. 43 Ed. 2.
Bate-Tithe, Is where any Sheep or other Cattle
are kept in a Pariſh for lefs Time than a Year, the
Owner must pay Tithe for them pro Rata, according
to the Quitom of the Place. F. N. B. 51.
Batian, A Foreign Meaſure, containing about
four Bushels; but more commonly a Day's Allow-
ance of Forage, for Man and Horfe in an Army.
-Lex Mercat.
Ratification, (Ratificatio) A Ratifying or Con-
firming : It is particularly used for the Confirma-
tion of a Clerk in a Prebend, &c. formerly con-
*!
4
Bay, Is a Word appropriated to Cloth, never
colour'd or dy'd. 11 H. 4. c. 6..
Bazure, of a Deed, fo as to alter it in a mate-
rial Part, without the Privity of the Party bound
by it, &c. will make the fame void: And if it be
razed in the Date, after the Delivery, it is faid it
goes through the Whole. 5 Rep. 23, 119. Razure,
&c. is moft fufpicious, when it is in a Deed poll,
that there is but one Part of the Deed, and it
makes to the Advantage of him to whom made.
And where a Deed by Razure, Addition or Altera-
tion becomes no Deed, the Defendant may plead
Non eft factum to it. Ibid.
Reafforested, Is where a Foreft which had been
difafforefted is again made Foreft; as the Foreſt of
Dean is by Stat. 20 Car. 2. c. 3.
Bealty
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RÉ
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Realty, Is an Abftra&t of Real, as diftinguifhed | Fine grants to Warranty any Land or Hereditament
from Perfonalty.
Reapuitber, Was Money paid by Tenants for Ex-
emption from the Duty of Reaping for the Lord.
Cartular. S. Edmundi MS. fol. 316. See Rippers.
Beafont, It has been obferv'd, is the very Life of
the Law; and that what is contrary to it, is un-
lawful: When the Reafon of the Law once ceafes,
the Law itfelf generally ceafes; becaufe Reafon is
the Foundation of all our Laws. Co. Litt. 97, 183.
If Maxims of Law admit of any Difference, thofe
are to be preferred which carry with them the more
perfect and excellent Reafon. Ibid.
Reasonable Aid, Was a Duty claimed by the
Lord of the Fee of his Tenants holding by Knights-
Service to marry his Daughter, &c. Stat. Weftm.
2. cap. 24. See the Stat. 12 Car. 2. cap. 24.
to another; and the Perfon making the Warranty
or his Heir, fues him to whom the Warranty is
made, or his Heir or Affignee, for the fame Thing;
if he who is fo fued, plead the Deed or Fine with
Warranty, and pray Judgment if the Plaintiff ſhall
be received to demand the Thing which he ought
to warrant to the Party, against the Warranty in
the Deed, t. this is called a Rebutter. Terms de
Ley 511. And if I grant to a Tenant to hold with-
out Impeachment of Wafte, and afterwards implead
him for Wafte done, he may debar me of this
Action by fhewing my Grant; which is Rebutter.
Co. Entr. 284. 1 Inft. 365.
Recaption, (Recaptio) Signifies the Taking a fecond
Diftrefs of one formerly diftrained, during the Plea
grounded on the former Diftreſs; and it is a Writ
Beattachment, (Reattachiamentum) Is a fecond to recover Damages for him whofe Goods being di-
Attachment of him who was formerly attached and, ftrained for Rent, or Service, &c. are diftrained
difmiffed the Court without Day, by the not coming again for the fame Caufe, hanging the Plea in the
of the Juftices, or fome fueh Cafualty: Broke, Reg. County-Court, or before the Juftices. F. N. B. 71,
Orig. 35. A Caufe difcontinued, or put without
Day, cannot be revived without Reattachment or
Refummons; which if they are fpecial, may re-
vive the whole Proceedings; but if general, the
original Record only. 2 Hawk. 300. And on a
Reattachment, the Defendant is to plead de novo, &c.
See Day.
Rebate, Is an Abating what the Intereft of Mo-
ney comes to, in Confideration of prompt Payment.
Merch. Dict.
+
铲
​72. Stat. 47 Ed. 3. cap. 7. And a Recaption lieth
where the Lord diftrains other Cattle of the Tenant
than he firft diftrained, as well as if he had diftrain-
ed the fame Cattle again, if it be for one and the
fame Caufe; but 19 E. 3. Iffue was taken whether
the Cattle were other Cattle of the Plaintiff, &c.
New Nat. Br. 161. If the Lord diftrain the Cattle
of a Stranger for the fame Rent, and not his Cattle
who was firft diftrained; neither the Stranger, nor
the Party firft diftrained, fhall have the Writ of
Rebellion, (Rebellio) Among the Romans, was Recaption: And if the Lord diftrain for Rent or
where those who had been formerly overcome in Service, and afterwards the Lord's Bailiff rakes a
Battle, and yielded to their Subje&tion, made a fe- Diftrefs on the fame Tenant for the fame Rent or
cond Refiftance: But with us it is generally ufed Service, pending the Plea; the Tenant ſhall not
for the Taking up of Arms traiterously against the have a Recaption against the Lord, or against the
King, whether by natural Subjects, or others when Bailiff, although the Bailiff maketh Cognifance in
once fubdued; and the Word Rebel is fometimes ap- Right of the Lord, &c. for it may be the Lord
plied to him that wilfully breaks a Law; likewife had no Notice of that Diftrefs, or the Bailiff had
to a Villein difobeying his Lord. Stat. 25 Ed. 3. not Notice of the Diftrefs took by the Lord;
cap. 6. 1 R. 2. c. 6. There is a Difference in our though in fuch Cafe, Action of Trefpafs lies; and if
Law between Enemies and Rebels; for Enemies are the Lord agree to the Diftrefs taken by his Servant
thofe that are out of the King's Allegiance; and or Bailiff, the Tenant may have this Writ againft
therefore Subjects of the King, either in open War, the Lord. Ibid. 159. A Man is diftrained within a
or Rebellion, are not the King's Enemies, but Trai- Liberty, and fues a Replevin there by Plaint or
And David Prince of Wales, who levied War Writ, and pendant that Plaint in the Liberty he
againſt K. Ed. 1. becauſe he was within the Alle-is diftrained again for the fame Caufe, by the Per-
giance of the King, had Sentence pronounced a- fon who diftrained before; he ſhall not upon that
gainst him as a Traitor and Rebel. Fleta, lib. 1. Diftrefs bring a Writ of Recaption, because the
cap. 16. Private Perfons may arm themselves to Plaint is not pendant in the County-Court before
fupprefs Rebels, Enemies, &c. 1 Hawk. P. C. 136. the Sheriff, nor in C. B. before the Juftices: But if
Rebellious flembly, Is a Gathering together the Plaint be removed by Pone or Řecordare out of
of twelve Perfons, or more, intending or going a-the Liberty before the Juftices, then the Party di-
bout to practice or put in Ufe unlawfully, of their trained may have a Recaption, &c. And if a Perfon
own Authority, any Thing to change the Laws or be convicted before the Sheriff in a Writ of Recap-
Statutes of the Realm; or to deftroy the Enclo-
fures of any Ground, or Banks of any Fish-Pond,
Pool or Conduit, to the Intent the fame fhall lic
waftc and void; or to deftroy the Deer in any Park,
or any Warren of Conies, Dove-houles, or Fiſh in
Ponds; or any Houfe, Barns, Mills, or Bays; or
to burn Stacks of Corn; or abate Rents, or Prices
of Victuals, c. Stat. 1 Mar. cap. 12. 1 Ed. 6. See
Affembly unlawful.
tors.
tion, he fhall not only render Damages to the Party,
but be amerced for the Contempt; and by the
Juftices be fined. 39 Ed. 3. For Damage feafant
Beafts may be diſtrained as often as they fhall be
found upon the Land; becauſe every Time is for
new Trefpafs and a new Wrong, and no Recaption lics.
Beceiver, (Receptor) Is by us, as with the Civilians,
commonly used in the evil Part, for fuch as receive
ftolen Goods, &c. And the Receiving a Felon, and
Rebinare, Was to give a fecond Stirring or Concealing him and his Offence, makes a Perfon ac-
Ploughing to Arable Land that lay fallow, to pre ceffary to the Felony. 2 Inft. 183. But a Receiver
pare it for fowing Wheat, Sc. or to plough the of a Felon, &c. muft have Notice of the Felony
Ground a third Time for that Purpoſe.. Tempus either exprefs or implied, which is to be exprefly
Rebinandi erit poft Feftum Nativitatis Sancti Johan-charged in the Indictment; and the Felony must be
nis Baptifta cum terra pullulaverit poft carucam. Fleta, compleat at the Time of the Receipt, and not be-
lib. 3. c. 73.
Rebutter, (From the Fr. Bouter, i. e. Repellere,
to put back or bar) Is the Anfwer of the Defendant
in a Caufe to the Plaintiff's Surrejoinder: And the
Plaintiff's Anſwer to the Defendant's Rebutter is
called a Surrebutter; but is very rarely that the
Parties go fo far in Pleading. Pract. Attorn. Edit. 1.
pag. 86. Rebutter is alfo where a Man by Deed or
come fo afterwards by Matter fubfequent: If a Per-
fon knowing of one to have been guilty of Felony,
barely receive him and permit him to escape,
without giving him any Advice, Affiftance or En-
couragement, it is a high Miſdemeanor, but no ca-
pital Offence; and a Wife, in Regard to the Duty
and Love which the owes her Husband, may receive
him when he hath committed Felony; but no other
Relation
}
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Relation will exempt the Receiver of a Felon from
Punifliment. S. P. C. 41
S. P. C. 41. H. P. C. 218, 219. 2
Hawk. P. C. 122, 319, 320. By Statute, if any Per
fon fhall receive or buy knowingly any ftolen Goods,
or conceal Felons knowing of the Felony, he fhall
be acceffàry to the Felony, and fuffer Death as a
Felon. Stat. 5 Ann. c. 31. Such Receivers, &c. may
be tranfported by 4 Geo. I. c. 11.
•
Receiver, Annex'd to other Words, as Receiver
of Rents, fignifies an Officer belonging to the King,
or other great Perfonage. Cromp. Jurifd. 18. See
·Accompt.
Beceiver of the Fines, Is an Officer who re-
ceives the Money of all fuch as compound with
the King upon: Original Writs fued out of the
Chancery. Weft. Symb. parl. 2. Sect. 106. Stat. 1 Ed.
4. c. 1.
Receiver General of the Dutchy of Lancaster,
An Officer of the Dutchy Court, that gathers in and
colleas all the Revenues, Fines, Forfeitures and
Affeffments, within the faid Dutchy, or. what else is
there to be received arifing from the Profits of the
Dutchy Lands, &c. 39 Eliz. cap. 7.
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Beclule, (Reclufus) Is he who being entered into
a religious Order, is fhur up, and tirs not out of
the Houfe or Cloyster. Litt. 92.
Recognition, (Recognitio) Signifies an Acknow-
ledgment; and it is the Title of the first Chapter
of the Stat. 1 Fac. 1. whereby the Parliament ac-
knowledged the Crown of England, on the Death of
Queen Elizabeth, rightfully to have defcended to
King James.
Becognitione adnullenda per Mime Duritiem
falta, Is a Writ to the Juftices of C. B. for the Send-
ing a Record touching a Recognizance, which the
Recognizor fuggefts was acknowledged by Force and
Durefs; that if it fo appear, the Recognizance may
be difannulled. Reg. Orig. 183.
Becognitors, (Recognitores) Are the Jury impanel-
led upon an Affife; fo called, because they acknow.
ledge a Diffeifin by their Verdi&t. Bract. lib. 5.
Recognizance, (Fr. Recognoiffance, i. e. Recognitio,
Obligatio) Is a Bond or Obligation of Record, ac-
knowledged, to the King, &c. And of Recognizances
fome are for Debt, fome for Bail; and others to ap-
pear at the Seffions or Affifes to profecute Felons,
Receiver General of the Mußter-Bolls, Is men- and to be of the Good Behaviour, &c. For Debt,
tioned in the Stat. 35 Eliz. c. 4.
or Bail, they are taken or acknowledged before the
Receivers General of the Revenue. The Re-Fudges, a Master in Chancery, &c. And to appear at
ceivers of the Revenues, are within three Months to the Affifes, or Seffions, they may be taken by Ju-
pay in their Receipts, on Pain of Forfeiture of fices of Peace; which Recognizances are to be return-
Place, &c. 34 & 35 Hen. S. cap. 2. Alfo Receivers ed by the Juftices to the Seffions, or an Information
are to be bound with Sureties for: true accounting, lies against them, 2 Lill. Abr. 417. When a Recog-
and to render Accounts yearly, &c. under Penal-nizance of the Peace is made, the Condition is to be
ties. 7 Ed. 6. c. 1. Receivers of the Revenue A&tions read to the Parties bound, calling them by their
may be brought againit, and not to be ftaid by Pri-Names thus: You A. B. do acknowledge to owe unto cur
vilege of Parliament. 2 Ann. cap. 18. And Process Sovereign Lord King George, &c. And then it is to
fhall iffue out of the Exchequer againft Receivers be ingroffed on Parchment, and the Justice is to
General of Taxes in Arrear, to finish their Ac-fubfcribe it. Dalt. 479, 480. In thefe Recognizances,
counts; and they are charged with an Intereft, as the Principal is bound in double the Sum of the Sure-
Damages at the Rate of 10l. per Cent. till the Bal-ties; and the ufual Number of Sureties are Two,
lance is paid, by Star. I Geo. I. c. 36. If a Re-
ceiver General be robbed, Oath is to be made by
three in Company, to recover the Money, &c. 6
Geo. I.
Receiver General of the Court of Wards and
Liveries, Was an Officer belonging to that Court;
but that Court being taken away by the Stat.
12 Car. 2. cap. 24. this Officer is of Courſe out of
Doors.
ì
•
and the ufual Penalty 401. at leaft; though if the
Party be a very dangerous Perfon, a Juftice may
infift upon a Recognizance of 1000l. Penalty. Style
322. Recognizances in general are of feveral Sorts;
one is founded on the Stat. 23 H. 8. c. 6. By which
Statute, the Chief Justices of the King's Bench, and
Common Pleas in Term-Time, or in their Abfence
out of the Term, the Mayor of the Staple at Weft-
minster, and the Recorder of London jointly, have
Recital, (Recitatio) Is the Rehearſal or making Power to take Recognizances for the Payment of
Mention in a Deed or Writing of fomething which Debts in this Form, Noverint Univerfi per prafentes nos
has been done before. 2 Lill. Abr. 416. A Recital is A., B. & C. D. teneri firmiter obligari E. F. in
not concluſive, becauſe it is no dire& Affirmation; centum libris, &c. They are to be fealed with the
and by feign'd Recitals in a true Deed, Men might Seal of the Cognizor, and of the King, appointed
make what Titles they pleas'd, fince falle Recitals for that Purpoſe, and the Seal of one of the Chief
are not punishable. 1 Inft. 352. 2 Lev. 108. Wood's Juftices, &c. And the Recognizees, their Execu-
Inft. 225. If a Perfon by Deed of Affignment recite tors and Adminiftrators fhall have the like Proceſs
that he is poffeffed of an Intereft in certain Lands, and Execution against the Recognizors, as upon Ob-
and affign it over by the Deed, and become bound ligations of Statute-ftaple. 2 Inft. 678. The Exe-
by Bond to perform all the Agreements in the cution upon a Recognizance or Statute, pursuant to
Deed; if he is not poffeffed of fuch Intereft, the the Stat. 23 Hen. 8. is called an Extent; and the
Condition is broken; and though a Recital of itfelf Body of the Cognifor, (if he be a Layman) and all
is nothing, yet being joined and confidered with the his Lands, Tenements and Hereditaments, into
reft of the Deed, it is material. 1 Leon, 112. And whofe Hands foever they come, are liable to the
where it is but a Recital, that before the Indenture Extent: Goods (not of other Perfons in his Poffef
the Parties were agreed to do fuch a Thing, 'tis a fion) and Chattels, as Leafes for Years, Cattle, &c.
Covenant; and the Deed it felf confirms it. 3 Keb. that are in his own Hands, and not fold bona fide
466. The Recital of one Leafe in another, is not and for valuable Confideration, are alſo ſubject to the
a fufficient Proof that there was fuch a Leafe as is Extent. 3 Rep. 13. But the Land is not the Debtor,
recited. Vaugh. 74 But the Recital of a Leafe in a but the Body; and Land is liable only in Refpc&t
Deed of Releafe, is good Evidence of a Leafe a-that it was in the Hands of the Cognifor at the Time
gainſt the Releffor and thofe that claim under him. of the Acknowledgment of the Recognizance, or aí-
・Mod. Ca. 44. A new reverfionary Leafe fhall com-
mence from the Delivery, where an old Leafe is
recited, and there is none, &c. Dyer 93. 6. Rep. 36.
A recites that he hath nothing in fuch Lands, and
in Truth he has an Eſtate there, and makes a Leafe
to B. for Years: The Recital is void, and the Leafe
good. Fenk, Cent. 255. In this Cafe if the Recital
were true, the Leafe would not bind. Ibid.
ter; and the Perfon is charged, but the Lands
chargeable only. Plowd. 72. Lands held in Tail
fhall be chargeable only during Life, and not affect
the Iffue in Tail; unless a Recovery be paffed,
when it is as Fee-Simple Land: Copyhold Lands are
fubje&t to the Extent, only during the Life of the
Cognifor: The Lands a Man hath in Right of his
Wife, fhall be chargeable but during the Lives of
J
the
$144
RE
RE
the Husband and Wife together; and Lands which B. R. from the Time of their Entry: In C. B. a
the Cognifor hath in Jointenancy with another, are Scire facias may be brought on their Recognizances
liable to Execution during the Life of the Cogni- either in London or Middlefex; on thoſe in B. R. in
for, and no longer; for after his Death, if no Exc- the County of Middlefex only. 2 Salk. 659. 3 Nelf.
cution was fued in his Life, the furviving Jointe- Abr. 46. A Recognizance of Bail in C. B. is entered
nant ſhall have all; but if the Cognifor furvive, all fpecially; the Bail are bound to pay a certain Sum
is liable. 2 Inft. 673. If two or more join in the of Money, if the Party condemned doth not pay the
Recognizance, &c. the Lands of all ought equally to Condemnation, or render his Body to Prifon : And
be charged: And where a Cognifor, after he hath in B. R. Recognizances are enter'd generally; that if
entered into a Recognizance or Statute, doth convey the Party be condemn'd in the Suit or Action he
away his Lands to divers Perfons, and the Ccgnifee hall render his Body to Prifon, or pay the Con-
fues Execution upon the Lands of fome of them,demnation Money, or the Bail fhall do it for him.
and not all: In this Cafe he or they whoſe Lands Pafch. 23 Car. B. R. 2 Lill. Abr. 417.
2 Lill. Abr. 417. It was for-
are taken in Execution, may by Audita Querela merly a Question whether a Capias ad fatisfaciend.
or Scire facias have Contribution from the reft, and would lie upon a Recognizance taken in Chancery ; but
have all the Lands equally and proportionably ex-adjudged, that immediately after the Recognizance is
tended. 3 Rep. 14. Plowd. 72. But the Cognifor, acknowledged, it is a Judgment on Record; and
or his Heirs, when he fells Part of his Lands, and then by the Stat. 25 Ed. 3. cap. 17. a Capias ad fatif-
keeps the Remainder, fhall not have any Contri-faciend. will lic, it being a Debt on Record. 2 Bulft.
bution from a Purchafer, if his Land only is put in 62. If a Recognizance be made before a Mafter in
Execution. Ibid. If there be a Recognizance, and af- Chancery for a Debt; or to perform an Order or
ter a Statute enter'd into by one Man to two others; Decree of the Court; if the Condition be not per-
his Lands may be extended pro rata, and fo taken formed, an Extent fhall iffue; or a Scire facias is
in Execution. . Yelv. 12. This Kind of Recognizance the proper Process, for the Recogniſor to fhew what
may be uſed for Payment of Debts; or to ftrengthen he can fay why Execution fhould not be had againſt
other Affurances. Wood 288. If a Recognizance is to him; upon which and a Scire fec. or two Nihils re-
pay 100l. at five feveral Days, viz. 201. on each turn'd, and a Judgment thereupon, the proper Ex-
Day, immediately after the firft Failure of Pay- ccution is an Elegit, &c. Cro. Fac. 3. Where a Man
ment, the Cognifee may have Execution by Elegit is bound by Recognizance in the Chancery, and the
upon the Recognizance for the 20l. and fhall not ftay Cogniför hath certain Indentures of Defeaſance;
till the laft Day of Payment is paft; for this is in if the Recognifee will fue Execution on the Recog
the Nature of feveral judgments. 1 Inft. 292. 2 Inft. nizance, the Recognifor may come into the Chance-
395, 471. When no Time is limited in a Statute ry, and fhew the Indentures of Defeafauce, and that
or Recognizance for the Payment of the Money, it he is ready to perform them, and thereon he fhall
is due preſently; as in Cafe of a Bond. Law Se have a Scire facias against the Recognilee, returna-
cur. 61.
A Recognizance for Money lent, though it ble at a certain Day; and in the fame Writ, he
is not a perfe& Record until entered upon the Roll; fhall have a Superfedeas to the Sheriff not to make
yer when entered, it is a Recognizance from the first Execution in the mean Time. New Nat. Br. 589.
Acknowledgment, and binds Perfons and Lands from If a Perfon is bound in a Recognizance in Chancery,
that Time. Hob. 196. But by Stat. 29 Car. 2. cap. 3. or other Court of Record, and afterwards the Re-
no Recognizance fhall bind Lands in the Hands of cognifee dieth; his Executors may fue forth an
Purchaſers for valuable Confideration, but from Elegit, to have Execution of the Lands of the Re-
the Time of Inrollment, which is to be fet down cognifor: And if the Sheriff return that the Recog-
in the Margin of the Roll: And Recognizances, &c.nifor is dead, then a fpecial Scire facias fhall go a-
in the Counties of York and Middleſex, fhall not bind gainft the Heir of the Recognifor, and thoſe who
Lands unleſs regiſtered. 2, 5, 6 & 7 Ann. Alfo the are Tenants of the Lands which he had at the Day
Clerk of the Recognizances is to keep three feveral of the Recognizance enter'd into. Ibid. 590. One of
Rolls for the entring of Recognizances taken by the the best Securities we have for a Debt is the Recog
Chief Juftices, &c. and the Perfons before whom nizance in Chancery, acknowledged before a Maſter
the Recognizances are taken, and the Parties ac- of that Court; which is to be figned by fuch Ma-
knowledging are to fign their Names to the Roll, fter, and afterwards inrolled: And the King may
as well as to the Recognizance. S Geo. I. cap. 25. To by his Commiffion give Authority to one to receive
make a good Recognizance or Obligation of Record, a Recognizance of another Man, and to return the
the Form prefcribed must be purfued; and there- fame into Chancery; and on fuch a Recognizance, if
fore they may not be acknowledged before any othe Recognifor do not pay the Debt at the Day,
thers, befides the Perfons appointed by the Statutes:
And the ſubſtantial Forms of the Statute are to be
obſerved herein. But a Recognizance may be taken
by the Judges in any Part of England. Dyer 221.
Hob. 195. Recognizances and Statutes, are like to
Judgments; and the Cognifee fhall have the fame
Things in Execution, as after Judgment in B. R.
or C. B. The Body of the Cognifor himself, but
not of his Heir, or Executor, & may be taken,
though there be Lands, Goods and Chattels to fa-
tisfy the Debt: And if a Cognifor is taken by the
Sheriff, and he let him go; yet his Lands and
Goods fhall be liable. 12 Rep. I, 2. Plowd. 62.
› And. 273. By Recognizances of Debt, and Bail, the
Body and Lands are bound; though fome Opinions
are, that the Lands of Bail are bound from the
1
the Recognifee fhall have an Elegit on the Conu-
fance fo taken, as if it were taken in the Chancery.
Pract. Solic. 131. New Nat. Br. 589. In Cafe Lands
are mortgaged, withour giving Notice of a Recognizance
formerly had, if the Recognizance be not paid off and
vacated in Six Months, the Mortgagor hull forfeit
his Equity of Redemption, Exc. 4 & 5 W. & M.
c. 16. Recognizances may be difcharged by Defca-
zance on Condition, upon Performance of fuch Con-
dition; by Releafe; Payment of the Money; De-
livery up of the Recognizance, &c.
Form of a Recognizance in Chancery for Debt.
Time of the Recognizance entered into; and fome, AB of &c. in the County, &c. before the Lord
A. the King in his Chancery, perfonally appointed to
that they are not bound but from the Recovery of
the Judgment against the Principal. 2 Leon. 84. Cro.
Fac: 272, 449. In the Court of B. R. all Recogni-
zances are enter'd as taken in Court; but in C. B.
they enter them fpecially where taken, and their
Recognizances bind from the Caption, but thofe in
be, hath acknowledged himself to owe (or that he is in
dehted) to C. D. of, &c. One Hundred Pounds of good
and lawful Money of Great Britain, to be paid to the
faid C. D. or to his certain Attorney, his Executors, Ad
miniftrators or Affigns, at the Feast of St. John the Bap
tiff, &c. after the Date of this Recognizance; and if
8 C
RE
RE
•
こ
​it be not ſo done, he wills and grants for himself, his
Heirs, Executors and Adminiftrators, that the jaid Sum
of One Hundred Pounds shall be levied and recovered out
of the Manors, Meffuages, Lands, Tenements, Goods,
Chattels, and Hereditaments, of him the faid A. B. his
Heirs, Executors or Administrators, they shall
be found, by thefe Prefents, To the only Ufe of the faid
C. D. bis Executors or Adminiflrators, &c. Witnefs,
c..
reloc
A Recognizance according to the Statute 23 H. 8.
NOW all Men by thefe Prefents, that we A. B.
K'
and CD. are held and firmly bound to E. F.
in 1001. to be paid to the faid E. F. or to his certain
Attorney, on fhewing this Writing, his Heirs, Executors
or Adminiftraters, at the Feast of, &c. next coming after
the Date of thefe Prefents; and if we fhall fail in Pay
ment of the Debt aforesaid, we Will and Grant that then
the Penalty of the Statute Staple fhall run upon us, and
every of us, our Heirs, Executors and Adminiftrators, to
be recovered as a Debt for Merchandizes bought, as in the
fame Statute it is ordained and provided: Dated the Days
&c. in the Year of the Reign, &c.
of,
·
418. And there are faid to be three Kinds of Re-
cords, viz. A Record judicial, as an Attainder, &c. a
Record minifterial upon Oath, being an Office or In-
quifition found; and a Record made by Conveyance
and Confent, as a Fine, or a Deed inrolled. 4 Rep.
54. But it has been held, that a Deed inrolled, or
a Decree in Chancery inrolled, are not Records, but
a Deed and a Decrec. recorded; and there is a Diffe
rence between a Record and a Thing recorded. 2 Lill.
421. Records being the Rolls or Memorials of the
Judges, import in themfelves fuch incontroulable
to the contrary, infomuch that they are to be tried
Verity, that they admit of no Proof or Averment
only by themselves; for otherwife there would be
no End of Controverfies: But during the Term
wherein any judicial Act is done, the Roll is alte-
rable in that Term, as the Judges fhall direct;
when the Term is past, then the Record admitteth
of no Alteration, or Proof that it is falſe in any
Inftance. i Inft. 260. 4 Rep. 52. A Matter of Re-
cord is to be proved by the Record itfelf, and not by
Evidence, becaufe no Iffue can be joined upon it to
be tried by a Jury like to Matters of Fact; and the
Credit of a Record is greater than the Teſtimony of
Witneffes. 21 Car. B. R. Tho' where Matter of Re-
Form of a Recognizance for Breach of the Peace.
cord is mix'd with Matter of Fact, it fhall be tried
South'ron, fl. BE, &c. in the tenth Year of the Reign againit a Record; yet a Jury fhall not be eftopped
it remembered, That on the Day by a Jury, Hob. 124. A Man cannot regularly aver
of our Sovereign Lord George the Second, by a Record to find the Truth of the Fact: And it
&c. A. B. of, &c. in the County aforesaid, was adjudg'd by the Court, that upon Evidence,
Yeoman, and C. D. and E. F. of, &c. came is at the Discretion of the Court to permit any
before me J. S. Efquire, one of the Justices Matter to be fhewn to prove a Record. 1 Ventr. 362.
of our faid Lord the King, affigned to keep Allen 18. 3 Nelf. Abr. 48, 49. A Record may be con-
the Peace in the faid County, and acknow-tradictory in Appearance, and yet be good And
ledged themſelves to be indebted to our faid tho' it hath apparent Falfhood in it, 'tis not to be
Sovereign Lord the King, that is to fay, the denied ; but a Record may in fome Cafes be avoided
faid A. B. in forty Pounds, and the faid by Matter in Fa&. Style's Reg. 281. Co. Litt. 3 Cro
C. D. and E. F. Severally in twenty Pounds 329. Hutt. 20, The Judges cannot judge of a Re-
of good and lawful Money of Great Bri-cord given in Evidence, if the Record be not exem-
tain, to be levied of their Goods and Chat plified under Seal: But a Jury may find a Record
tels, Lands and Tenements feverally, to the although it be not fo, if they have a Copy prov'd
Use of our faid Sovereign Lord the King, to them, or other Matter given in Evidence fuffici-
bis Heirs and Succeffors, if the faid A. B. ent to induce them to believe that there was ſuch a
Shall make Default in the Condition under- Record. 2 Lill. Abr. 421. By Statute, Judges may
reform Defects in any Record, or Process, or Vari-
ance between Records, &c. And a Record exempli-
The Condition of this Recognizance is fuch, That if fied or inrolled, may be amended for Variation from
the above bound A. B. fhall perfonally appear in Court, at the Exemplification. Stat. 8 H. 6. A Record of an
the next General Quarter-Seffions of the Peace to be held fue made up ready for Trial of a Caufe, on Mo-
at, &c. for the County aforesaid, to answer unto all fuch ion and Leave of Court, may be amended fo as not
Matters as shall be then and there objected against him by to deface the Record; and notwithstanding it be en-
G. H. of, &c. for and concerning the Breach of the Peace, tered for Trial, on paying Cofts to the Defendant:
and to do and receive what shall be enjoined by the Court; But the Court will not give Leave to amend it, if it
and if in the mean Time, the faid A. B. keep the Peace may not be done without defacing or much alter-
of our Sovereign Lord the King, as well.towards his Maing the Record. Mich. 22 Car. B. R.
jefty as his Subjects, and especially towards the faid G. H.
&c. That then, &c. Or elfe, &c.
written.
Taken and acknowledged the Day and Year abovefaid,
Before me J. S.
Becogniz0z, Is the Party that enters into the Re-
cognizance; as the Perfon to whom it is made, or one
is bound thereby, is the Recogniſee.
Beconciliari. A Church is laid Reconciliari when
confecrated again after it hath been polluted, or
in the Poffeffion of Pagans or Hereticks. Matt.
Wefm. Anno 1015.
>
:
A
2 Lill. 420.
The Court of B. R. will amend a Record removed
thither out of C. B. and alfo Records removed our of
inferior Courts, as to Faults and Mifprifions of
Clerks, which are adjudg'd amendable by the
Statutes of Feofails; though formerly B. R. would
not amend Records out of inferior Courts, but the
Law in this Cafe is now altered by the Star. 4 & 5
Ann. 2 Lill. Abr. 421, 422. If the Tranfcript of a
Record be falfe, the Court of B. R. will upon Mo-
tion, order a Certiorari io an inferior Court, to cer-
tify how the Record is below; and if it be upon a
Writ of Error out of the Common Pleas, they will
Becord, (Recordum, from the Lat. Recordari, to re-grant a Rule to bring the Record out of C. B. into
member) Signifies a Memorial or Remembrance,
or an authentick Teftimony in Writing, contained
in Rolls of Parchment, and preferved in a Court
of Record. Britton, c. 27. It is a Writing in Parch-
wherein are inrolled Pleas of Land, or Com-
mon Pleas, and criminal Proceedings in Courts of
Record, and Records are reftrained to fuch Courts
only, and do not extend to the Rolls of inferior
Courts, the Registries of Proceedings whereof are
not properly called Records. 1 Inft. 260. 2 Lill. Abr.
ment,
|
this Court, and then order the Tranſcript to be a-
mended in Court, according to the Roll in C. B.
And a Record cannot be amended without a Rule of
the Court, grounded upon Motion. Ibid. Where a
Record is fo drawn, that the Words may receive a
double Conftru&tion, one to make the Record good,
and another to make it erroneous, the Court will
interpret the Words that Way which will make the
Record good, as being moft for the Advancement of
Juftice: So if a Letter of a Word in a Record
2
be
RE
RE
$
"
Reco¿dare facías Eòquelam, Is a Writ directed
to the Sheriff to remove a Caufe depending in an
inferior Court, to the King's Bench or Common Pleas,
and it is called a Recordare, becauſe it commands
the Sheriff to make a Record of the Proceedings in
the County-Court, and then to fend up the Caufe.
F. N. B. 11.
ture of a Certiorari; on which the Plaintiff may re-
2 Inft. 339. This Writ is in the Na-
move the Plaint, in the County Court, without
Caufe; but the Defendant cannot remove it with-
out Caufe fhewn in the Writ, as upon a Plea of
Freehold, &c. If the Plaint is in another Court,
neither the Plaintiff or Defendant can remove it
without Caufe. Wood's Inft. 572. If a Plea is dif
continued in the County, the Plaintiff or Defen-
dant may remove the Plaint into the Common Pleas
or King's Bench by Recordare, and it fhall be good,
and the Plaintiff may declare upon the fame, and
the Court hold Plea thereof. New Nat. Br. 158.
The Form of this Writ in the Regifter is, Et Re-
cordum illud habeas, c. But in a Recordare to re-
move a Record out of the Court of ancient De-
mefne, the Writ fhall fay Loquelam & Proceffum, &c.
And there is a Writ to call a Record, c. to an
higher Court at Westminster, called Recordo & Prom
ceffu mittendis. Tab. Reg. Orig. By the ufual Writ Re-
cordare; The Sheriff is commanded in his full Court, to
caufe to be recorded the Plea which is in the faid Court be-
tween A. and B. of, &c. And have that Record before the
Juftices at Westminster the Day, &c. under the Seals,
&c. And to the faid Parties appoint the fame Day, that
they be then there to proceed in that Plea, as ſhall be just,
&c.
be doubtful, that it may be taken for one Letter or
another, the Court will conftrue it to be that Letter
that is for upholding the Record. Hill. 21 Car. B. R.
See I Cro. 161. 2 Cro. 119, 153, 244, c. A Re-
cord that is rafed, if legible, remains a good Record
notwithſtanding the Ralure; but he that rafed it is
nor to go unpunished for his Offence. Mich: 1649.
And in Cafe of a Rafure in a Judgment, done by
Practice to hinder Execution, the Record hath been
ordered to be amended, and a ſpecial Entry thereof
to be made; but though the Record by this Means
be made perfect, the Offender may be indicted for
Felony; for not only fuch an Alteration whereby a
Judgment is actually reverfed, but alfo fuch where-
by it is reverfable, whether it be or be not after-
wards amended by the Court, is within the A& 8
H. 6. c. 12. making it Felony to take away, or a-
void any Record, &c. 2 Roll. Rep. 81. 1 Hawk. P. C.
113. The Court will not fupply a Blank left in a
Record, to make it perfect, when before it was de-
fective; as this would be to make a Record, which
is not the Office of the Court to do, but to judge
of them. 2 Lill. Abr. 420. If a fubfequent Record
hath any Relation to one that is precedent; in fuch
Caſe it muſt appear in Pleading, &c. to be the fame
without any Variation. 3 Lutw. 905. Where Re-
cords are pleaded, they muſt be fhewed; and one
may not plead any Record, if it be not in the fame
Court where it remaineth, unless he fhew it under
the Great Seal of England, if denied: A&ts of Re-
cord muſt be fpecially pleaded. Bro. ca. 20. 2 Cro.
560. 10 Rep. 92. 5 Rep. 218. Style 22. And Re-
cords are to be pleaded intire, and not Part of them,
with an inter alia referring to the Record; and fo Recorder, (Recordator) Is a Perfon whom the Mayor
ſhould a Special Verdict find a Record, unless a Judg- and other Magiftrates of any City or Town Corpo-
ment be pleaded, or you declare upon a Judgment rate, having Jurifdiction, and a Court of Record
in a fuperior Court, when the Plaintiff may fay re- within their Precincts by the King's Grant, do affo-
cuperavit generally; but not in an inferior Court, for ciate unto them for their better Direction in Mat-
there all the Proceedings must be fet forth particu- ters of Juftice, and Proceedings according to Law:
larly. Mich. 22 Car. B. R. When a Record is plead And therefore he is, for the moft part, a Counſel-
ed, it is to conclude prout patet per Recordum, or the lor or other Perfon well verfed and experienced in
other Side may anſwer Nul tiel Record; but this be- the Law. The Recorder of London, is one of the Ju-
ing only Matter of Form, may be fometimes help'd ftices of Oyer and Terminer; and a Juftice of Peace
by a general Demurrer; and Writs are Matter of of the Quorum, for putting the Laws in Execution
Record, but they need not be fo pleaded. 1 Salk. 1. for Prelervation of the Peace and Government of
1 Lev. 211. 3 Nelf. Abr. 49. If a Record is to be the City: And being the Mouth of the ſaid City, he
read in Court, the Counfel at the Bar muft open learnedly delivers the Sentences and Judgments of
the Effect of it, after read by the Clerk of the the Courts therein; and alfo certifies and records the
Court, by Cuſtom and Practice; though the Court City-Cuftoms, &c. Chart. K. Charles 2. 1 Inft. 288.
may fuffer it to be read afterwards if they pleafe; He is chofen by the Lord Mayor and Aldermen ;
and after Reading, &c. it is then by Rule of Court and attends the Bufinefs of the City, on any Warn.
ordered to be fet down for a Cenfilium. Hill. 23 Caring by the Lord Mayor, &c.
B. R. 2 Lill. Abr. 421. Records certified out of in- Becovery, (Recuperatio, from the Fr. Recouvrer,
ferior Courts, on Writs of Error, and the Judgi. e. Recuperare) In a legal Acceptation, fignifies an
ment on fuch Records are to be entered in B. R. for Obtaining any Thing by Judgment or Trial at Law:
until then the Records are not perfected: And if And there is a true Recovery, and a feigned one.
a Record once comes into B. R. by Writ of Error, true Rocovery is an actual or real Recovery of a Thing,
it never goes out again; but a Tranfcript of it may injuriously taken away or detained, or the Value
go to the House of Lords, upon a Writ of Error thereof, by Judgment in the ordinary Courfe; as if
there. 2 Lill. 422. Writ of Error removes the Re a Man fue for Land or any other Thing moveable
cord; but the Original is no Part of it. Fenk. Cent. or immoveable, and have a Verdict and Judgment
164. A Record cannot be removed by Writ of Er for him. Co. Litt. 154. A feigned Recovery, which is
ror, until the Judgment in that Record is entered the Recovery intended here, is a formal Act by Con-
And when and how a Record may be removed; and fent, ufed for the better Affurance of Lands and
where and how remanded, 2 Cro. 206. 2 Brownl. 145. Tenements, &c. It is a feigned Suit and Judgment
Attornies are to enter the whole Record upon the upon a real Action brought in the Common Pleas
Roll, after a Caule is tried, before the next Term Court, by one against another that is feifed of the
after the Trial, on Pain of 20 s. That the Record Freehold, to cut off and deftroy Eftates-Tail, Re-
may be ſpoken to the next Term, if there be Cauſe, mainders and Reverfions, and to bar the former
and the Client not be delay'd. Hill. 1649. Ju- Owners thereof. 1 Inft. 154. Accom. Conv. 1 Vol. 1ċ8.
ftices of Affife, Gaol-Delivery, &c. are to fend all And it is called a Common Recovery, becauſe it is a
their Records and Proceffes determined to the Exche- common Path to that End for which it was ordained,
quer at Michaelmas in every Year; and the Trea- viz. to cut off Eftates Tail, &c. Alfo it is by
furer and Chamberlains on Sight of the Commiffions Cuftom become a Common Conveyance of Lands;
of fuch Juftices, are to receive the fame Records, and is much favoured by the Law, many of the In-
c. under their Seals, and keep them in the Trea-heritances of the Kingdom depending upon theſe
fury. Stat. 9 Ed. 3. cap. 5. Record of a Cauſe made Affurances. 5 Rep. 40, 41. This Recovery, it is faid,
up for Trial, ſee Trial.
was introduced in the Time of Hen. 8. But fome
Authors
A
1
RE
RE
Ū
1
1
Authors mention it to be ufed much earlier; and real against him, as though he the Demandant had
was framed by the Wiſdom and Policy of our Law, good Right to the Land, and the Tenant no Right
whereby though there be a Judgment of a Court, of Entry to the fame, but on a Diffeifin which a
it is not in an adverſary Manner, but by the Con- Stranger, one Hugh Hunt a fictitious Diffeifor, had
ſent and Permiffion of the Parties; which is the unjustly made; though the Demandant never had
Reafon we generally fay, that a Recovery is to be Poffeffion thereof, nor the Stranger: The Tenant
fuffered: But though this Judgment is fictitious as to appearing to the Writ vouches to Warranty A. B.
any actual Litigation upon which it is had; yet it the Cryer of the Court, or the Bag-bearer of Writs
is given on a real Writ brought, and is a Judgment to the Cuftos Brevium, who is called the common
according to the Rules of the Common Law. Ferk. Voucher, and is fuppofed to warrant the Title; this
Cent. 250, 257. 1 Rep. 131. Attorn. Compan. 291. And Vouchec appears, as though he would defend the
Cornmon Recoveries fuppofe a Recompenfe in Value, Title, and the Demandant exhibits a Declaration
to all Perfons that loft the Eftate, which has been against him, who thereupon prays a Day to make
held to be the principal Caufe why they bar; and his Defence; but on the Day given by the Court
being become the cominon Affurances of the Nation, he makes Default, and the Plaintiff or Demandant
Thall not be taken fo ftrictly as real Recoveries are. hath Judgment to recover the Land against the De-
2 Lill. Abr. 423.
The Force and Effect of a Re fendant or Tenant in Tail, and he to recover in Va-
covery, is to destroy all Eftates in Remainder, &c.lue against the common Vouchee; whereupon iffues
and Incumbrances derived out of them, that one a Writ of Seifin for the Poffeffion of the Lands, &c.
may fell, give or devife the Eftate in Fee, or in Yet this Recovery in Value is only imaginary, be-
what Manner he plea fes; and the Recompence ad- caufe the common Vouchee hath no Lands to ren-
judged over fhall go in Succeffion of the Eftate, as der in Value; though it is taken for a Bar of the
the Land loft fhould have done, and then it would Tail for ever, and is faid to be good in Confcience
not be reaſonable for the Heir, &c. to have the as well as Law, notwithstanding the Stat. Weftm. 1.
Land and Recompence in Value alfo; therefore cap. 2. wherein it is provided, that the Will of the
|
he loſeth the Land, and must trust to the Recom- Donor fhall be obſerved. Dr. & Stud.
cap. 26. 10
pence. 1 Rep. 62. 3 Rep. 61. 6 Rep. 42. This Rep. 37, 38, 1 Inst. 224. To every Recovery there
fuppofed Recompence is the Reafon why a Common must be a good Tenant to the Pracipe, or it will be
Recovery is a Bar to all that are in Remainder or void. 2 Lill. Abr. 425. If the Tenant in Tail be
Reverſion, as well as the Iffues in Tail; whereas a not in Poffeffion, this Tenant is to be made by
Fine bars only the Heirs in Tail, and not thofe in Leafe and Releafe, Bargain and Sale inrolled,
Remainder or Reverfion, unless upon Non-claim Fine, &c. fo as he may thereby become Tenant in
in due Time. Wood's Inft. 252. A late Author fays, Poffeffion of the Freehold. And if the Tenant to
the Recompence in Value, is the true Reafon for the Precipe gains a Freehold before Judgment, it is
barring the Iffue in Tail, on fuffering a common fufficient: Alfo where a Precipe was made by a
Recovery; but not fo of the Remainders, &c. to Fine, and a Common Recovery fuffered, and after-
which the Recompence does not extend: And that wards in a Writ of Error that Fine was reverfed;
a Recovery by Tenant in Tail, bars the Eftate-Tail, although this was affigned for Error to reverfe the
and all Remainders and Reverfions thercon ex- Recovery, it was adjudged that the Recovery was good,
pectant; becauſe at Common Law, that which is for there was a Tenant to the Precipe at that Time.
now a Tail Eftate, was a Conditional Fee; and no 2 Salk, 568. There is no Occafion of ſetting forth a
Remainder could come after it, for a Fee by the Leafe and Relcafe to make a Tenant to the Pre-
Rules of Law cannot be created on a Fee. Pigot's cipe, becaufe where a Man claims under a common
Com. Recov. 13, 21. And a Recovery difaffirms all Recovery it fhall be intended that there was a good
Title of him against whom it is had; and this fo Tenant to the Precipe till the contrary is fhewn;
ftrongly, that if there be three or four Difcents and rather than the Recovery fliall fail, they fhall be
after 'tis fuffered, yet the Recoveror may enter, for intended to be Tenants to the Precipe by Diffeiſin,
the Recovery binds the Blood, and difapproves the efpecially if it is alledged in the Pleadings that they
Title. Ibid. 18. It is alſo ſaid by the fame Author, are Tenants liberi Tenementi. 3 Rep. 59. 2 Mod. 70.
that the Uſe of Common Recoveries, is to reduce | Adtunc tenens is a fufficient Averment in the Pleading
Eſtates to that Purity and Condition they were in a Common Recovery; but it is not fo when in the
by the Common Law, and avoid many Inconve- fame Sentence a Matter is fet forth which is contra-
niencies; without which a Tenant in Tail cannot di&tory and inconfiftent with it. 1 Mod. 418. A De-
make a Jointure on his Wife, nor any Provifion fendant pleaded a Title under a Common Recovery,
for Children, or even for paying his Debts, in which he fet forth the Leafe and Releaſe to make
Pigot 20. A Common Recovery is the belt Affurance the Tenant to the Precipe, the Writ of Entry, and
(except an Act of Parliament) that a Man can have; the particular Proceedings upon it, the Judgment,
and it may be had of fuch Things, for the moft Writ of Seifin, &c. And it was a Queftion, whe-
part, as pafs by a Fine: An Ufe may be raifed ther it might have been pleaded in a thorter Man-
upon a Recovery, as well as on a Fine, c. and the ner, (viz.) That A. was Demandant in the Writ of
fame Rules are generally to be obferved and fol- Entry, and B. and C. Tenants; that the faid Te-
lowed for the guiding and directing the Ufes of a nants vouched to Warranty L. D. and he vouched
Recovery, as are obferved for the Guidance and the Common Vouchee; and thereon Taliter procef-
Direction of a Fine. Weft. Symb. fect. 2, 3. 1 Rep. fum fuit, that Judgment was given for the Deman-
15. There must be three Perfons at leaft to make dant to recover against the Tenants, and that they
a Common Recovery, i. e. a Recoveror, a Recoveree, fhould recover againſt L. D. ad valentiam, and that he
and a Vouchee; the Recoveror is the Plaintiff or De- fhould recover against the Common Vouchee. 2 Lutw.
mandant, that brings the Writ of Entry fur Diffeifin, 1539. In fuch fhort Pleading it is neceffary to
&c. The Recoveree is the Defendant or Tenant of fhew that the Recovery was executed, either by En-
the Land, against whom Writ is brought, and he try, or by Return of the Writ of Seifin; for till
must be perfect Tenant of the Freehold; and the then the Eftate is not altered. 1 Fones 10. 3 Nelf.
Vouchee is he to whom the Defendant or Tenant Abr. 57. A Deed and the Recovery make but one
voucheth or calls to Warranty of the Land in De-Conveyance: When precedent Indentures are made,
mand, either to defend the Right, or yield him and afterwards a Recovery is fuffered, no Averment
other Lands in Value according to a fuppofed Agree- can be taken by Parol that the Recovery was to other
ment. 1 Inft. 101. Now to fuffer a Recovery, the Te- Ufes than thofe in the Indenture; though nothing
nant of the Freehold agrees with the Demandant vetts till the Recovery is had: Upon an Indenture
(uſually fome Friend) that he fhall bring his Action fubfequent, an Averment may be taken, that other
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เ
-
Uſes than in the Indenture were declared and limi- bility of Iffae extin&t, Tenants by the Curtefy, 01
ted before and at the Time of the Recovery. 9 Rep. for Term of Life or Lives, &c. fhall be void again
1 Mod. 250. If the Uſes of a Recovery are de-them in Remainder or Reverfion, and their Heirs,
clared by a Deed bearing Date afterwards, there a &c. Wood's Inft. 251. Stat. 14 Eliz. c. 8. This Sta-
Stranger fhall be admitted to plead other Ufes be- tute extendeth not to any Recovery, except it be by
fore the Deed; but an Heir at Law fhall not. 2 Lill. Agreement and Covin; and it was never the Intent
Abr. 428. Formerly it was doubted, whether De- of the Act to extend to fuch a Recovery in which a
clarations of Fines and Recoveries after had and le- Tenant in Tail was vouched. 1 Rep. 15. Tenant
vied were good in Law, the Stat. 29 Car. 2. of Frauds for Life, Remainder in Tail, Remainder in Fee;
and Perjuries, requiring Writing to pafs Eftates at the Tenant for Life ſuffered a Common Recovery, in
the very Time of the Conveyance: But now all De- which the Iffue in Tail was vouched, &c. And it
clarations of Ufes, of Fines or Recoveries, by any was objected, that the Remainder-man in Fee was
Deed made by the Party who is by Law enabled to not barred by this Recovery, becaufe the Statute 14
declare fuch Ufe, after the fuffering fuch Recovery, Eliz. enacts, That Recoveries fuffered by Tenant for
&c. fhall be good and effectual in Law. 45 Ann. Life, fhall be void against thofe in Reverfion or Re-
c. 16. A Common Recovery is either with fingle, dou-mainder; and the Provifo in that Statute extends to
ble, or treble Voucher; in the Recovery with fingle bind only thofe in Remainder who affent to the Re-
Voucher, the Writ of Entry is to be brought against cord; but as the Tenant in Tail was vouched in
Tenant in Tail in Poffeffion, and he is to vouch the this Recovery, it was adjudged, that he in Remainder
common Vouchee: In a Recovery with double or tre- in Fee was barred, as he would have been if the
ble Voucher, the Eftate must be difcontinued by Tenant in Tail had been the firft Tenant to the
Fine, Feoffment, Leafe and Relcafe, &c. and a Te- Precipe, inftead of the Tenant for Life; which Judg-
nant made of the Frechold of the Land; and then ment was affirm'd in Error in the Exchequer Chamber.
the Writ is to be brought against that Tenant, the Moor 690. A Father devifed his Lands to his Son B.
Conufee, Feoffee, &c. and he is to vouch the Te- for Life, and after his Deceafe, to the Iffue of his Bo-
pant in Tail, and he the common Vouchce, &c. dy, &c. And for Want of fuch Iffue, Remainder
And this Recovery with double Voucher, is the most over; B. fuffered a Common Recovery, and as to the
common and fafest Way of Proceeding. I Inf. 102, Eftate that B. had, two Judges held, he had only
372. Wood's Inft. 251. The Recovery with fingle an Eftate for Life, becaufe fuch an Estate was ex-
Voucher bars the Tenant in Tail, and his Heirs on-prefly deviſed to him; but Hale Ch. Juft. held, that
ly, of fuch Eſtate-tail which is in his Poffeffion, he had an Eftate-tail by Implication, and by Con-
with the Remainder depending upon it, and the fequence the Recovery was well fuffered; for the
Reverſion expectant, which others have; and of Words Iflue of his Body, and thefe which follow, viz.
all Leafes and Incumbrances derived out of fuch For want of fuch Iſſue, make an Eftate-tail by Impli-
Remainder or Reverfion: A Recovery with double cation; tho' Judgment was given according to the
Voucher bars the firft Voucher and his Heirs of Opinion of the Judges, which was afterwards re-
every fuch Eftate as at any Time was in him, or verfed in the Exchequer-Chamber, on the Opinion
any of his Ancestors, whofe Heir he is of fuch E- of the Chief Juftice. 2 Lev. 58.
1 Ventr. 214, 225,
ftate; and all others of Right to Remainders and 3 Salk. 296. A Man made a Feoffinent in Fee, to
Reverfions, dependant and expectant upon the the Ufe of himfelt for Life, after to his eldeft Son
fame, and all Leafes and Incumbrances derived out in Tail, Remainder to his right Heirs, he not ha-
of them; and it will alfo be a Bar of the Eftate ving then any Son: Afterwards he fuffer'd a Recovery,
whereof the Tenant was then feifed in Reverfion had Iffue a Son, who died in the Life of his Father,
or Remainder, Sc. The Recovery with treble Vouch-leaving a Son, and after he himself died; and it
er is to make a perpetual Bar of the Eftate of the was held, that the Son and Heir of the Son ſhould
Tenant, and of every fuch Eftate of Inheritance not avoid this Recovery by 32 Hen. S. for there was
as at any Time had been in the first or second not any Remainder in him at the Time of ſuch Re-
Vouchee, or their Anceſtors, whofe Heirs they are covery. 3 Shep. Abr. 139. If Land be given to A. in
of fuch Eftate; and as well of every Reverfion | Tail, with Remainders to divers others in Tail, &c.
thercon dependant, as of all Leafes, Eitates, Char- and A. doth make a Deed of Feoffment; and a Writ
ges, and Incumbrances derived out of any fuch Re- of Entry is brought againſt the Feoffee, who vouches
verfion or Remainder. 3 Rep. 5. 10 Rep. 37. 2 Roll. B. the fecond Remainder-man in Tail, and he doth
Abr. 204. Noy 81, S2. A Tenant in Tail cannot be vouch the common Vouchee; this is a good Recovery,
restrained from fuffering a Common Recovery. 10 and Bar to the fecond Eftate-Tail, and all the Re-
Rep. 38, 41. If there be Tenant for Life, Remain-mainders and Reverfions depending thereon: But
der in Tail, Remainder or Reverfion in Fee; and the firft Eftate which A. hath is not barred by it.
Tenant for Life is impleaded by Agreement, and Ibid. 140. The Recovery of Tenant in Tail, after a
vouches Tenant in Tail, and he vouches over the Fine levied, and Render in Fee, is no Bar to him
common Vouchee; this fhall bar the Remainder and in Remainder; for by the Render a new Eftate is
Reverſion in Fee; though he in Remainder or Re- gained, and the Recompence fhall not go to the an-
verſion did never affent to the Recovery: And if Te- cient Remainder. 1 Cro. S28. Tenant for Life, with
nant for Life furrender to him in Remainder in Remainder over, vouched a Stranger; the Deman-
Tail, he may bind the Remainder and Reverfion dant recovered against the Tenant, and the Tenant
expectant upon his Eftate. 1 Rep. 15. 3 Rep. 60. over in Value: And it was held, that this ſhould
1 Inft. 362. But if Tenant for Life alone fuffer a bind the Remainder. But it hath been adjudged o-
Recovery, without the Affent of him in Remainder, therwife in fuch a Cafe; unless he doth vouch the
the Recovery will be void: And if a Recovery be had Donor, or his Heir, who is privy, &c.
Bro. ca. 91.
against Tenant for Life, and a Remainder man in Fenk. Cent. 251. If there be Tenant in Tail, Re-
Tail, (not being vouched by Tenant for Life) and mainder in Fee, and he in Remainder is attaint of
they vouch the common Vouchee; the Recovery thus Treafon; a Recovery in his Life-time, in which he
fuffered doth not bar the Intail, nor the Remainder is Tenant or Vouchee, doth not bar the King of his
over, neither are the Iffue in Tail barred by it. Remainder: So if he die, and the Heir of his Body
Cro. Eliz. 670. If Tenant for Life fuffers a Common is vouched, because the Tail doth not defcend upon
Recovery by Confent and Covin, between fuch Te-
nant and the Recoverer; this is a Forfeiture of his
Eftate, and he in the Reverfion may enter prefent-
ly: And all Recoveries had by Agreement of the Par-
ties by Covin, against Tenants in Tail after Poffi-
him. Ibid. A Recovery had against Tenant in Tail
of the King's Gift, the Reverfion or Remainder
being in the King, fhall not be a Bar; nor shall the
Remainder or Reverfion, which at the Time of the
Recovery is in the King, be barred by a Recovery:
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34 & 35. H. S..c. 20. But by the Stat. 34 H 8. the otherwife where a Power is collateral; (as for In-
Eftate-tail is not preferved, where a Reverfion or ftance, where an Executor has Power to fell. Ibid.
Remainder is in the King, except it was created Tenant in Tail mortgages for Years, and after-
by the Crown, and not where it was made by awards marries, and fuffers a Recovery for his Wife's
common Perfon; for before that Statute a common Jointute; this Recovery fhall enure to make good
Recovery barred an Eftate-tail made by the King, the Mortgage, though' defigned only for the Mar-
Dyer 32. 2, Rep. 15. A Feme Covert, with her Hufriage Settlement: And fo it is in the Cafe of a Judg-
band, is bound by a Recovery; but as in a Fine fhe ment; for a Recovery fhall make good all his prece
ought to be examined. 3 Cro. 307. It is not abfo:dent Acts Chanc. Rep. 120 2 Lill. Abr. 425. If
lutely neceffary for the Judges to examine a Feme there be a Limitation of Ufes upon Condition, and
Covert, per Rolle Ch. Juft. when he joins with her the Ceftuy que Ufe fuffers a Recovery, that will not
Husband to fuffer a Recovery of her own Lands; it deftroy the Condition, the Eftate being charged
fhall be fuppofed fhe dorh it freely and voluntarily with it; and the Recoveror can only have the Eftate,
But it is prudential to do it, becauſe it may hap-as he that fuffered the Recovery had it. I Mod. 109.
pen that the Feme may be brought to it by Fraud A Tenant in Tail grants a Rent-Charge, and fuffers
or Force. 2 Lill. Abr. 424. The Cafe upon a Spe-a Recovery, the Recovery fhall not avoid the Rent-
cial Verdict in Ejectment was: There was Tenant Charge; though it doth a Reverfion: Becaufe the
for Life, Remainder to Husband and Wife, and Eftate of him that fuffers the Recovery is charged
their Heirs, and the Husband and Wife fuffered with the Rent. 1 Mode 109.
a Recovery; it was objected, that the Heirs of the Remainder grants a Rent-Charge, a Recovery fuf-
I Cro. 598. If he in
Wife were not barred by this Recovery, by Reafon fered by Tenant in Tail fhall bar it; for the Reco-
was not Tenant to the Precipe, neither did it veror comes in, in the Continuance of that Eftate
appear that fhe was examined; but it was refolved, which is not fubject to the Rent, but is above all
that fhe is concluded to fpeak againſt this Recovery, thofe Charges. 1 Mod. 109. Tonant in Tail, Re-
as fhe joined with her Husband in it, and the Remainder in Tail, he in Remainder granted a Rent-
cord is perfect, and fhe being Party and privy to the Charge, and the Tenant in Tail fufferod a Common.
Recovery, her Heirs fhall be bound thereby Style Recovery, and died without Iffue; it was adjudged,
319. Husband and Wife, Jointenants for Life, Re- that it fhall bind not only the Remainders, and all
mainder to the Heirs of the Body of the Husband, Charges made by them, but also the Reverfioners:
Remainder to A. B. in Tail, the Husband alone and all Grants by them. 1 Rep. 62 4. is Tenant
fuffered a Recovery; and it was held a Bar only as to in Tail, the Remainder to B. in Tail, Remainder
a Moiety of the Lands, for by the Recovery the Join- to C. in Fee; and B. or the other in Remainder
ture was fevered, and the other Moiety was the makes a Leafe of the Land, or grants a Rent-
Freehold of the Wife, fo that the Recovery could not Charge out of it, enters into a Statute, or the like;
bar the Estate-tail or Remainder, as to that Moie- or if he grant the Remainder or Reverſion
ty. 3 Rep, 3, 4 5 Moor 210.
n upon
4 Leon. 93, 222) | Condition: And after 4. fuffers a Common Recove-
But when the Husband and Wife have not a jointy of the Lands, and afterwards dies without Iffire;
Eftate of Inheritance, and they join in a Fine to in this Cafe, the Recoveror fhall hold the Land dif-i
make a Tenant to the Precipe, and the Recovery is charged of all thefe Eftates and Charges in Re-
fuffered by the Husband alone; that ſhall be a good mainder. 5 Rep. 41. 2. Bulft. 235. 3 Shep. Abr. 1
Bar to the Remainder. 3 Rep. 6. A Husband and But if 4. himfelf make a Leafe, enter into a Sta-
Wife, Tenants in fpecial Tail, Remainder to B. tute, &c. and then fuffer a Recovery, it ſhall not a-
in Tail, Remainder to C. in Fee; the Husband avoid, but affirm and make good the Leafe and
Ione levied a Fine to D. and died, leaving Iffue, Charge; and where it was before voidable by the
the Wife entered, fhe is in of her. Eaftate-tail: and Iffue in Tail, or him in Remainder or Reverfion,
though the Iffue in Tail were barred by the Fine, it will now be good against them all; and the Per-
yet by her Entry B. and C. are remitted to their fe fon recovering hall hold the Lands as charged by
veral Ramainders; and if the fuffers a Recovery, the Tenant in Tail. Ibid. If Tenant in Tail mort-
which the lawfully may, becaufe fhe hath the whole gages the Land, or confeffes a Judgment, and after-
Eftate-tail, thofe Remainders are barred. Hob. 259. wards fuffers a Recovery to any particular collateral
3 Nelf. Abr. 55. An Infant it hath been held, can- Purpofe; that Recovery fhall enure to make good
not fuffer a Common Recovery by Guardian; though all his precedent Acts and Incumbrances. I Chan.
if he obtains a Privy Seal for that Purpofe, he him- Caf. 720. Recoverors, & may diftrain for Rents
felf may. 10 Rep. 43. Hob. 196. If an Infant fuf- and Services, and have Actions of Debt for Rent,
fers a Recovery by his Guardian, with privy Seal, and of Waffe, &c. as thofe against whom the Re-
'tis here ſaid it may be avoidable for Error; and covery, was had; and Termors for Years are to enjoy
the Judges do not permit it to pafs, but when it their Terms against fuch Recoverors, their Heirs and
will be an Advantage to the Infant. I Ld. Raym. Affigns, according to their Leafes. Stat. 7 H.8. c. 4.
113: Buca Guardian was allowed by Order of the 21 H. 8. A Leafe for Years made by him who af-
Court to an Infant, that a Recovery might be fuffered ter fuffers a Recovery, is good, and ſhall not be de-
against him as Vouchee; and he was brought into feated by the Recovery; but otherwife where the
Court, and vouched, and his Guardian appeared and Recovery is by a good Title. 2 Leon. 65. It was a
vouched the common Vouchee. Cro. Eliz. 172, 471. Doubt by 9 Eliz. that if there was a Tenant in Tail,
Hob. 197. And adjudged, that a Common Recovery fuf- Remainder for Years, and Tenant in Tail fuffers
fered by an Infant by Guardian, fhall bind him; a Recovery, whether, the Leafe for Years be barred,
and when the Vouchee in a Common Recovery is or no? Becauſe it was faid that no Recompence
within Age, the Infancy must be tried by Infpe&tion, can go to this,, being a Chattel: But it was ruled,
c. Cro. Car, 307. 1 Sid. 322.
1 Sid. 322. 1 Inft. 380. Mort- that this Leaſe ſhould be barred, and that fo the
gagees cannot ſuffer a Recovery; nor can Tenant for conftant Experience had been. 2 Lev. 30. 1 Mod.
Years levy a Reovery, for Want of a Freehold. Wood's 110. A Recovery bars only where there is a Privity
·Inft. 251 Where an Estate-tail is barred by a Re in Law; as the Iffue of a Tenant in Tail, and he
covery, all Things depending upon it are barred, as in Remainder, Reverfion, &c. Carter 53. Strangers
well as the Eftate itself; but nothing which is col-are not barred by a Recovery and Nonclaim, as they
lateral: And therefore a Recovery will not bar the
Right of a Mortgagee, unless he is vouched,
3 Salk. 297. And if Tenant for Life, with Power
to make a Jointure on his Wife, fuffers a Common
Recovery, his Power is extinguished: Though it is
4
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Co
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:
•
136.
are in a Fine. 3 Rep. 5. Nor fhall a Recovery bar
the Heir, who claims as a Purchafer, and not by
Difcent; or where there is an executory Eftate,
which depends upon Contingencies; but it will bar
a contingent Remainder. Lutw. 1224. 3 Salk. 297.
The
1
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The Teftator had Iffue three Sons, A. B. and C. Dedimus Poteßatem, or Cammiffion out of Chancery':
and devifed his Lands to B his fecond Son, paying They may be fuffered at the Affes and Great Sef-
Bhis
To much to C. and if B. died without fffde, living ions in Wales; and in the Counties Palatine of Lan-
A. then to A. upon the like Condition; B. fuffered caster, Chester and Durham.: 3435 H. 8. c. 16. 27
a Recovery, and it was held that this Recovery fhould Eliz, c. 9. Alfo in the Court of Huftings of the City
not bar A. because he had only a Poffibility to have of London. Privil. Londin. 92. And Recoveries may
the Eftate if he furvived B. dying without Iffue, be had in a Court-Baron, by Cuftom. Kitch. 176. In
which cannot be touched by a Recovery. 2 Cro. 590. C. B. the Precipe, naming the Demandant and the
A common Recovery is adjudg'd to be no. Bar of a Tenant, the Quantity and Quality of Land, &c. is
Remainder created in a Settlement, as a Security delivered to one of the Serjeants at the Bar, who
for raifing Money; for though Remainders are bar-will count upon, it; and then the Prothonotary inarks
red by a Recovery, here the Perfons to whom the ir, after which it is carried to the Curfitor of the
Land was limited, were but in Nature of Trustees County, and he makes out the Writ of Entry, &c.
after Money raiſed for thofe in Remainder. Preced and the Recovery is paffed through the ſeveral Offices.
Cane 435. Yet where a Ceftur que Trust in Tail in Clerk's Remembr. 212, 213.
Poffeffion under the Trustee, who has the Free-
hold, fuffers a Recovery in which he himself is Te-
nant, and fo no good Tenant to the Precipe; this
fhall bar the Remainder in Fee of the Truft, and
Equity will fupply that Defect. 2 Chan Caf. 63
2. Chan Caf. 63.
See Préced Cancs 228. Recoveries arc now declared
valid in Law, without Conveyances from Leffees
to make Tenants to the Writs of Entry, c. and
fhall be as effectual as if a good Eftate of Free-
hold was granted to any Tenant to fuch Writs:
But they are not fo, unless the Perfons. intitled to
the firft Eftates, have lawfully conveyed, an Eltate
for Life at leaſt, to the Tenants to any Writ afore-
faid. 14 Geo. 2. c. 20. Purchafers of Lands, where
Recoveries are neceffary, and all that claim under
them, having been in Poffeffion twenty Years,
may produce Deeds making a Tenant for fuffering
any Recovery, and declaring the Ufes, which fhall
be allowed to be Evidence that the fame was duly
perfected, though it be not regularly entered on
Record, Ore. Stat. Ibid. And after twenty Years,
&c.
C.
A Præcipe for ſuing forth a Recovery.
South'ton, ff.
South'ton, ff. bejufly, Bec. render to C. D. Eſy;
COMMAND A. B. Gentleman, that
one Meffuage, two Gardens, one Hundred
Acres of Land, fifty Acres of Pafturė, &c.
with the Appurtenances in, &c. which he
claimeth, &c.
The Tenant in his proper Perfon vouch-
eth, to Warranty E. -F. Gentleman,
who being alfo prefent voucheth over
J. M.
Form of the Writ of Entry Sur Diffeifin, &c.
G Greeting Command A. B. that jiftly, and with-
EORGE the Second, &c. To the Sheriff of S.
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profecuted; then Summon by good Summoners, the faid
A. B. that he be before our Juftices at Weftminfier,
the Day, &c. to fhew, wherefore he will not; and have
you there the Summons, and this Writ. Witneſs, &c.
all common Recoveries ſhall be good and valid, if out Delay, he render to C. D. one Meffage, two Gar-
it appears there was a Tenant to the Writs, and dens, &c. with the Appurtenances in E. which he claims
the Perfons joining therein had an Eftate fufficient to be his Right and Inheritance, and into which the faid
to fuffer them, notwithstanding the Deeds thereof A. bath pot an Entry; but after a Diffeifin which Hugh
are loft. Ibid. A Party who fuffered a Recovery, died Hunt, thereof unjustly and without Judgment hath made
the first Day of Michaelmas-Term, between Five and to the faid A. B. within thirty Years now last past, as
Six in the Morning, upon which Day the Recovery he faith; and whereupon he Complains, that the faid
was fuffered; and adjudged good.. 1 Rep. 93, &c.A. B. deforced him : And unleſs he ſhall ſo do, and the
2 Lill. 425. And moft Errors in a Recovery area- faid C. D, fhall give. you Security that his Suit shall be
mendable by the Court the firft Term after the Re-
covery had: But for grofs Error in the Proceedings
in Matter of Subftance, a Recovery may be avoided
by Writ of Error; as when an Infant or Feme Co-
vert, without her Husband, fuffers a Recovery, &c.
and it may be alfo avoided by Pleading, that it was
by Covin againft Tenant for Life to difinherit him
in Reverfion; or that he against whom the Writ is
brought is no Tenant of the Freehold by Right or
Wrong; or he that hath the Eltate is neither Party
nor Privy to the Recovery; or becaufe another hath
fome Eltate in the Thing whereof the Recovery is
had, . Alfo by Motion to the Court, and pray-
ing a Vacat of the Judgment, a Recovery may be fal-
fified and avoided. 8 Rep. 162. 1 Inft. 104. Recove-
vies fhall be adjudged void as any other Conveyance,
if
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J
✔
The Writ of Entry is returned thus:,
Pledges of Profecution Richard Roe.
SJohn Doe.
Summoners
John Den.
Richard Fenn.
Entry of a Recovery with fingle Voucher.
D. Efquire, in his proper Perfon,
If fuffered by Frand to deceive Purchafers, &c. And South'ton, f. C. demandeth against A. B. Gentle-
•
to fuffer a Recovery in another Perfon's Name, not
Privy or Confenting to the fame, is Felony without man, one Meuage, tavo Gardens, one Hundred Acres of
Benefit of Clergy. 21 Fac. 1, cap. 26. Where a Re-Land, fifty Acres of Pafture, &c. with the Appürte-
covery is avoidable, for any Caufes; it must be a-
voided by him whom it doth concern, that is bound
thereby; and fhould have the Land, if the fame
had not been. As where an erroneous Recovery is
ſuffered by Tenant in Tail; the Iffucs in Tail, or the
next in Remainder, c. muft defeat it: And if the
Land be recovered againſt à Diffeifor, the Diffeifce
fhall avoid it, &c. But a Recovery ſhall bind every
one that cannot falfify the fame. 5 Rep. 39. 1 Rep.
62. Plowd. 415. 2 Cro. 591. Common Recoveries are
fuffered in the Common Pleas by the Tenants and
Vouchers perfonally in Court, or by Attornies;
and fometimes by Attorney in the Country on a
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the faid A. hath no Entry, but after a Diffeifin, &c.
nances in E. as his Right of Inheritance; and into which
And whereupon he declares, that he was feifed of the faid
Tenement, with the Appurtenances, in his Demefne, as of
a Fee and Right, in Time of Peace, in the Time of our
Lord the King that now is; by taking the Profits to the
Value, &c, and into which, &c. And thereof be bring-
eth his Suit, &c. And the faid A. B. in his proper Per-
fen cometh and defendeth his Right, when, &c. and
thereupon voucheth. J. M. to Warranty, who is prefent
here in Court in his proper Perfon; and freely Warranteth
to him the faid Tenement, with the Appurtenances, &c.
And hereupon the faid C. demandeth against the faid J.
Tenant
RE
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Tenant, by his Warranty, the faid Tenement with the
Appurtenances in Manner aforefaid;, &c. And where-
upon he faith, that he was feifed of the faid Tenement,
with the Appurtenances, in his Demefne, as of Fee and
Right in Time of Peace, in the Time of our Lord the
King, that now is; by taking the Profits thereof to the
Value, &c into which, &c. and thereof be bringeth bis
Suit, &c. And the faid J. the Tenant, by his own War-
ranty defendeth his Right, when, &c. and faith, that
the faid Hugh Hunt did not Diffeife the faid C. of the
faid, Tenement, with the Appurtenances, as the faid C.
by his Writ and Declaration aforefaid, doth above fup-
poſe: And thereof be putteth himself upon the Country,
&c. And the faid C. thereupon craveth Leave to imparle,
and he bath it, &c. And afterwards the faid C. cometh
again here into Court, this fame Term, in his proper
Perfon; and the faid J. although folemnly called, cometh
not, but departed in Contempt of the Court, and maketh
Default: Therefore it is adjudged, that the faid C. do
recover his Seifin against the faid A. of the faid Tene-
ment, with the Appurtenances; and that the faid A.
have of the Land of the faid J. to the Value, &c. and
the faid J. in Mercy, &c. And thereupon the faid C.
prays a Writ of our Lord the King, to be directed to the
"Sheriff of the County aforesaid, to caufe full Seifin of
the ſaid Tenement, with the Appurtenances, to be delivered
to him; and it is granted to him, returnable the Day,
&c. At which Day the faid C. cometh here into Court,
in his proper Perfon; and the Sheriff (namely J. S.
Efquire) now returneth, that be by Virtue of the faid
Writ to Dim directed, on the Day of, &c. last past, caufed
full Seifin of the faid Tenement, with the Appurtenances,
to be delivered to the faid C. as by the faid Writ he was
commanded,´&c.
T
A Deed to lead the Ufes of a Recovery.
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permit and fuffer the faid G. Hand J. K. to Sue forth
and profecute against them the faid C. D. and E. F
One Writ of Entry fur Diffeifin en le poft, returnable
before his Majefty's Juftices of the Court of Common
Pleas at Weltminster, thereby demanding againſt the
faid C. D. and E. F. the faid. Meffuage, Tenement,
Lands, Hereditaments and Premises herein before men-
tioned by Such Name and Names, Number of Acres,
Quantities, Qualities, Terms and Defcriptions in the faid
Writ to be contained, and in fuch Manner and Form as
by Counfel learned in the Law fhall be advised; unto and
upon which faid Writ of Entry fo to be profecuted and
fued forth, the faid C. D and E F. fhall appear gratis
and vouch to Warranty the faid A; B. which faid A. B.
hall appear either in Perfon ar by Attorney lawfully au-
thorised, and enter into. Warranty, and after his Entry
into Warranty, foall vouch to Warranty the common
Vouchee, who shall likewife appear and impart, and
afterwards make Default, and depart in Contempt of the
Court; fo that Fudgment may be thereupon had and given
for the faid G. H. and J. K. to recover the faid Meffuage
or Tenement, Lands, Hereditaments and Premises against
the faid C. D. and E. F. And for the faid. C. D. and
E. F. to recover, in Value against the faid A. B. and for
the faid A. B. to recover in Value against the common
Vouchee; to the End one perfect Common Recovery,
with double Voucher, may be thereupon had and fuffered,
and all and every other Thing and Things be done and
perfected, needful and convenient for the having and
Suffering the fame Recovery, according to the Courſe of
Common Recoveries in fuch Cafes used; and the fame
Recovery is alfo to be executed by one Writ of Habere
facias Seifinam accordingly. And it is hereby further
covenanted, concluded and agreed, by and between all the
faid Parties to thefe Prefents for themselves and every of
them, their, and every of their Heirs, that the faid Re-
covery fo as aforesaid, or in any other Manner to be had
and fuffered of the faid Meffuage, Tenement, Lands
Hereditaments and Premiffes abovementioned fhall be and
Fenure, and shall be deemed, adjudged and taken, and is
meant and intended, and by all the faid Parties to thefe
Prefents is hereby declared to be and enure, and the faid
G. H. and J. K. and their Heirs, from and immediately
after the fuffering the fame, shall stand and be feifed of
all and fingular, the faid Meffuage, Tenement, Lands,
and Hereditaments above-mentioned, and every Part and
Parcel thereof with the Appurtenances, to and for the only
proper Ufe and Behoof of the faid A. B. bis Heirs and
Aligns for ever, and to and for none other Uſe, Intent, or
Purpose whatsoever. In Witnefs, &c.
TH
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1
HIS Indenture tripartite, made, &c. Between
A. B. of, &c. of the first Part, C. D. and E.
of, &c. of the Second Part, and G. H. and J. K. of,
&c. of the third Part, witneffeth, that the faid A. B.
for the Docking, Barring and Cutting off all Eftates-tail
and Remainders in Tail, of and in the Meffuage, Tene
ment, Lands and Hereditaments herein after mentioned,
and for the Settling and Afſuring of the fame, to and for
the Ufes, Intents and Purpoſes herein after limited, ex-
preffed and declared, and in Confideration of 5 s. to him
in Hand paid by the faid C. D. and E. F. the Receipt
whereof is hereby acknowledged, and for divers other good
Cauſes and Confiderations him the ſaid A. B. in this Be-
half moving, hath granted, bargained and fold, releaſed
and confirmed, and by these Prefents doth grant, bargain Form of a Deed of Conveyance by Fine and Recovery.
and fell, &c. unto the faid C. D. and E. F. (in their
actual Poffeffions now being, by Virtue of a Bargain and THIS Indenture tripartite, made, &c. Between
Sale to them thereof made for one whole Year, &c.) and A. B. of, &c. and E. bis Wife, C. D. of, &c.
to their Heirs and Affigns, &c. all that Meſſuage or Te- and M his Wife, of the first Part, É. F. of, &c. and
nement, and alſo all thofe Lands, &c. fituate, lying and G. H: of, &c. of the fecond Part, and J. K. of, &c. and
being in, &c. And all Ways, &c. And the Reversions, L. M. of, &c. of the third Part, witneffeth, that for
Remainders, Rents and Services thereof, or incident there- and in Confideration of the Sum of, &c. to the faid A. B.
unto; To have and to hold the faid Meffuage, Tene- and E. his Wife, and C. D. and M. his Wife, in Hand
ment, Lands and Premiffes above-mentioned, and every paid by the faid J. K. and L. M. the Receipt whereof
Part and Parcel thereof with the Appurtenances unto the they do hereby acknowledge, and in Confideration also of
faid C. D. and E. F. and their Heirs for ever; To the In. 5 s. of, &c. to the faid A. B. and E. his Wife, and.
ent and Purpofe only that the faid C. D. and E. F. fball
and may become perfect Tenants of the Freehold of the faid
Neffuage, Lands and Premiffes, and shall and may stand
and be feifed thereof until a good and perfect Common Reco-
very with double Vouchers over, may be duly bad, fuffered
and executed of the faid Meuage, Tenement, Lands and
Premiſſes, according to the ufual Course of Common Reco
veries for the Aſſurance of Lands and Tenements in fuch
Cafes used and accustomed. And thereupon it is covenanted,
concluded and agreed, by and between all the faid Par-
ties to the Prefents, for themselves and their and every
of their Heirs by thefe Prefents in Manner following,
(that is to say) That the faid C. D. and E. F. ball and
will before the End of Michaelmas-Term next coming,
4
C. D. and M. his Wife in Hand paid by the faid E. F.
and G. H. the Receipt whereof they do alfo hereby ac
knowledge; and the faid A. B. and C. D. for the Bar-
ring, Docking, Cutting off and Destroying of all, Eftates-
tail and Remainders over, now in Being in and upon the
Meſſuage, Lands, Tenements and Hereditaments herein.
after mentioned, and for Conveying and Aſſuring the fame
Premiffes, to the only profer Ufe and Behoof of the faid
J. K. and L. M. and their Heirs; they the faid A. B.
and C. D. have, and eah of them hath covenanted and
granted, and by thefe Prefents do, and each of them doth
covenant and grant, to and with the faid E. F. and
G. H. their Heirs and Affigns, that they the faid A. B.
and E. his Wife, and C. D. and M. his Wife, fhall
and
;
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F.
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and will on this Side, and before the End of, &c. Term himself feverally and apart, and not jointly, and for his
next coming, before his Majesty's Fufices of the Court of feveral and respective Heirs and Affigns, doth severally
Common Pleas at Westminster, in due Form of Law, and apart, and not jointly, covenant and grant to and
levy and acknowledge unto the ſaid: E. F. and G. H. and with the faid J. K. and L. M. their Heirs and Aſſigns,
their Heirs, or to the Heirs of one of them, one Fine fur that they the faid A. B. and E. his Wife, and C. D. and
Conuzance de Droit come ceo, &c. with Proclama-M. his Wife, are, or fome or one of them now is lawfully
tions to be thereupon had according to the Form of the and rightfully feifed of a good, fure, perfect, and inde
Statute in that Cafe made and provided, of all that Mef- feasible Estate of Inheritance in Fee fimple, or Fee-tail, of
Juage or Tenement, &c. and alfo of the Reversion and and in the faid Premiffes above-mentioned, with the Ap
Reverfions, Remainder, and Remainders, Rents and Ser purtenances, in their, or fome, or one of their own Rights,
vices of the faid Premiffes above-mentioned, and of every or Right, without any Condition, Mortgage, Limitation
Part and Parcel thereof with the Appurtenances, by fuch of Ufe or Ufes, or other Matter or Thing, to alter, sharge,
Name and Names, Quantity and Number of Acres and change, and determine the fame. And alfo, that they
Things, and in fuch Manner and Form as by the faid the faid J. K. and L. M. their Heirs and Affigns, ſhall
E. F. and G. H. or their Counsel learned in the Law and may from Time to Time, and at all Times hereafter
Shall be reasonably devifed or advised and required: Which for ever, peaceably and quietly enter into, have, bold, oc-
faid Fine fo to be bad and levied in Manner aforesaid,cupy, poffefs, and enjoy, all and fingular the faid Pre-
and all and every other Fine and Fines already had, or at miles above-mentioned, and every Part and Parcel thereof
any Time hereafter to be had, levied, fued or profecuted with the Appurtenances, without the Let, Trouble, Hin-
of the faid Premiffes, or any Part thereof, by itself, orderance, Moleftation, Interruption, and Denial of them the
jointly with any other Lands or Tenements, by or between faid A. B. and E his Wife, and C. D. and M. his Wife,
the faid Parties to thefe Prefents, or by or between them, their Heirs and Affigns, or any of them, and of all and
or any or either of them, and any other Perfon or Perfons every other Perfon and Perfons whatsoever claiming, or to
before the faid, &c. Term, as for and concerning all and claim by, from, or under them, or any or either of them,
fingular the faid Premiffes above mentioned, with the or by, from, or under, &c. deceafed. And further,
Appurtenances, fhall be and enure, and shall be ad- That they the faid A. B. and E. his Wife, and C. D.
judged, esteemed and taken to be and enure, to and for and M. bis Wife, and their Heirs, and all and every other
the only proper Uſe and Behoof of the faid E. F. and Perfon and Perfons, and his and their Heirs, any Thing,
G. H. their Heirs and Affigns, to the Intent and Purpofe having or claiming in the faid Premiffes above mentioned,
that they may become perfect Tenants of the Freehold of or any Part thereof, by, from, or under them, or any cr
the faid Premiffes: Yet nevertheless to this further either of them, or under the faid, &c. fhall and will at
End, Intent and Purpose, that they the faid E. F. and any Time or Times hereafter upon the reasonable Requeft,
G. H. fall and will on this Side, and before the End of and at the Cofts and Charges of the faid J. K. and L. M.
the faid next, &c. Term, permit and fuffer the faid their Heirs and Affigns, make, do and execute, or cauſe or
J. K. and L. M. to fue or profecute one or more Writ procure to be made, done and executed, all and every ſuch
or Writs of Entry Sur Diffeifin en le poft, returnable further and other lawful and reaſonable Grants, A&fs, and
before his Majesty's Fuftices of the faid Court of Common Affurances, in the Law whatfoever, for the further, bet-
Pleas against them the faid E. F. and G. H. of all and ter, and more perfect granting, conveying, and aſſuring
fingular the faid Premiffes abovementioned, and of every of all and fingular the faid Premiffes above-mentioned,
Part and Parcel thereof with the Appurtenances, by fuch with the Appurtenances, unto the faid J. K. and L. M.
Name and Names, Quantity and Number of Meffuages
Acres and Things, and in fuch Sort, Manner and Form,
as by the faid J. K. and L. M. fhall be thought fit and
convenient; unto and upon which faid Writ of Entry fo
to be brought, the faid E. F. and G. H. fhall appear,
and pouch to Warranty the faid A. B. and E. bis Wife,
and C. D. and M. his Wife, who shall likewife appear,
either in their ſeveral Perfons, or by their Attornies law-
fully authorised, and enter into the faid Warranty, and Recoupe, (From the Fr. Recouper) Signifies the
after their Entry into the faid Warranty, fhall vouch keeping back and ftopping of Something which is
over the common Vouchee, who fhall also enter into the due, and in our Law we use it for to Defalk or Dif-
faid Warranty, and imparle, and afterwards make De-count; as if a Perfon hath a Rent of ten Pounds
fault, To the End one perfect Common Recovery fhall out of certain Lands, and he diffeifes the Tenant
and may of all and fingular the faid Premiffes above- of the Land, in an Affife brought by the Diffeifee,-
mentioned be had, profecuted and executed in all Things, if he recover the Land and Damages, the Diffeifor
according to the ufual Form of Common Recoveries for fhall recoupe the Rent due in the Damages: So of a
Affurance of Lands, Tenements and Hereditaments in Rent-Charge iffuing out of Land, paid by the faid Te-
fuch Cafes ufed and accuſtomed; and the fame Recovery
Shall in due form of Law be executed by one Writ of
Habere facias Seifinam accordingly. And it is cove
nanted, granted, concluded and agreed upon, by and be
tween the faid Parties to thefe Prefents, and the true
Meaning hereof is, and it is hereby fo declared, that the
faid Recovery fo, or in any other Manner to be had and
fuffered, and all and every other Recovery and Reco.
veries to be bad, fuffered and executed of the faid Pre-
miſſes, or any Part thereof, by or between the faid Par-
ties to thefe Prefents, or by or between them or any or
either of them, and any other Perfon and Perfons, on this
Side and before the End of, &c. Term next coming, and
the full Force and Execution of them, and every of them,
and all other Conveyances and Affurances of the faid Pre-
miffes, or any Part thereof, had, or to be bad, or made
between the faid Parties, or any of them, fhall be and
enure, and shall be adjudged, efteemed and taken to be
and enure, to and for the only proper Ufe and Behoof of
the faid J. K. and L. M. their Heirs and Affigns for
ever. And each of them the faid A. B. and C. D. for
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their Heirs and Affigns, To the only proper Ufe and Behoof
of the faid J. K. and L. M. their Heirs and Affigns for
ever, according to the true Intent and Meaning of thefe
Prefents, as by the ſaid J. K. and L. M. their Heirs or
Affigns, or their or either of their Counsel learned in the
Law fhall be reasonably devifed or advised and required.
In Witness, &c.
nant to another, &c. he may recoupe the fame. Terms
de Ley. Dyer 2. And an Inn keeper may keep back
and detain his Gueft's Horfe, . 'till he pay for
his Entertainment: But a Man that receives ano-
ther's Catile to Pafturage, it is faid may not do fo;
unless it be agreed between them at firft. 1 Cro. 196,
197.
Becreant, (Fr.) Cowardly, Faint-hearted; and
was formerly a Word very reproachful. Fleta, lib. 3.
Betatio, Claim of Right, or an Appeal to the
Law for Recovery thereof.
Beatitudo, Right or Juftice; and fometimes it
fignifies legal Dues, a Tribute or Payment. Leg.
Edw. Confeff. cap. 30. Si quis Dei Rectitudines per vim
deforceat, emendet, &c. viz. If any one doth violently
detain the Rights of God, (i. e. Tithes and Obla-
tions) let him be fined or amerced, to make full
Satisfaction. Leg. Hen. 1. cap. 6.
·
Beto, Is used for a Writ of Right, which is of
fo high a Nature, that whereas other Writs in Real
Actions are only to recover the Poffeffion of the
8 E
Lands
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1
RE
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Recto de Advocatione Ecclefiæ, Is a Writ lying
Reto de Dote, A Writ of Right of Dower, which
lies for a Woman that has received Part of her
Dower, and demands the Refidue againſt the Heir
of the Husband, or his Guardian. F. N. B. 7, 8, 147.
Inft. 32, 38.
1
Beto de Dote unde nihil habet, Is where the
Wife hath received. no Part of her Dower; as in
Cafe a Man having Lands or Tenements, bath
made no Affurance of any Part thereof to his Wife,
fo that fhe is driven to fue for her Thirds againſt
20 H. 3. c. 1.
the Heir, &c. F. N. B. 6.
Re&o quando Dominus remifit, Is a Writ that
lieth where Lands or Tenements in the Seigniory
of any Lord, are in Demand by a Writ of Right; If
the Lord in fuch Cafe holdeth no Court at the
Prayer of the Demandant or Tenant, but fends to
the King's Court his Writ to put the Cauſe thither
for that Time, (faving to him at other Times the
Right of his Seigniory) then this Writ fhall iffue
out for the other Party, and hath its Name from
the Words therein contained. E N. B. 16.
Lands, &c. in Queſtion; this aims to recover the
Seifin, and the Property, and thereby both the where a Man hath Right of Advowson, and the Par-
Rights of Poffeffion and Property are tried together. fon of the Church dying, a Stranger prefents his
1 Inft. 158. It hath two Species; Writ of Right Pa-Clerk to the Church, the Party that hath Right not
tent, and Writ of Right Clofe: The firft is fo called, having brought his Action of Quare Impedit nor Dar-
becauſe it is fent open, and is the highest Writ of rein Prefentment, but fuffered the Stranger to ufurp
all others, lying for him that hath a Fee-fimple in upon him: And it lieth only where an Advowson is
the Lands or Tenements fucd for, against Tenant claimed in Fee to him and his Heirs. F. N. B. 30.
of the Freehold at leaſt, and in no other Cafe. | 4 Ed. 3. cap. 18.
F. N. B. 1, 2, &c. But this Writ of Right Patent ſeems
to be extended farther than originally intended; for
a Writ of Right of Dower, which lies for Tenant in
Dower, is Patent, as appears by Fitzherb. Nat. Br 7.
And the like may be faid in fome other Cales. Ta-
ble Reg. Orig. Alſo there is a Special Writ of Right
Patent in London, otherwife termed a Writ of Right
according to the Custom, which lieth of Lands or Te-
nements within the City, &c. And the Writ of
Right Patent is likewife called Breve magnum de Recto.
Reg. Orig. 9. Fleta, lib. 5. cap. 32. A Writ of Right
Cloſe is brought where one holds Lands and Tene-
mens by Charter in Ancient Demefne, in Fee fimple,
Fee-tail, or for Term of Life, or in Dower, and is
diffeifed; and is directed to the Bailiff of the King's
Manors, or to the Lord of Ancient Demefne, if the
Manor is in the Hands of a Subje&t, commanding
him to do Right in his Court: This. Writ is alfo
called Breve parvum de Recto. F. N. B. 11. Reg.
Orig. 9. Britan. cap. 120. And he who holds Lands
in Acient Demefne by Court-Roll, if he be oufted,
Recto de Rationabili parte, A Writ lying be-
fhall not have the Writ of Right Clofe, but is to fue
by Bill in the Lord's Court, &c. If a Perfon feifed tween Privies in Blood, as Brothers in Gavelkind,
in Fee-fimple dies feifed of fuch Eftate, and a Stran- Sifters, and other Coparceners, for Land in Fee-
ger doth abate and enter into the Land, and deforce fimple. If there be two Sifters, and the Anceſtor
the Heir; the Heir may fue a Writ of Right Patent dieth feifed of Land in Fee, and one of the Sifters
against the Tenant of the Frechold of the fame enters into the Whole, and deforces the other Sifter,
Land, or an Affife of Mortdanceftor. 11 A. 17. And the who is deforced fhall have the Writ of Right
in a Writ of Right Patent, the Demandant is to de Rationabili parte: And if where there are two Si-
count of his own Seifin, or of the Seifin of his An- fters, after the Death of the Anceſtor they enter and
ceftor; if one bring the Writ as Heir unto an An- occupy in common as Coparceners, and then one of
cefter, he must lay the Seifin and Efplees as in Per-them deforce the other to occupy that which is ap-
nancy of the Profits of the Lands in his Ancestors; pendant or appurtenant to the Meffuage, &c. which
and where it is brought by a Bifhop or Body Poli- they have in Coparcenary; he that is deforced
tick, Seifin of the Efplecs is to be laid in them-fhall have this Writ. Alfo if the Anceſtor were dif
felves, or in their Predeceffors. New. Nat. Br. 10. feifed of Lands, and dieth, and one Sifter entereth
Where a Writ of Right Clofe is directed unto the into the whole Land, and deforceth her Sifter, ſhe
Lord of whom the Lands are holden, and he will fhall have the Writ againſt her other Sifter: For it
not hold his Court to proceed upon it; a Writ fhall lieth as well upon a Dying feifed of the Anceſtor,
iffue requiring him to hold his Court, &c. And if if one Sifter enter upon all, as where the Anceſtor
the Lord hold his Court, but will not do the De- doth not die feifed; and it is a Writ of Right Patent,
In this Writ
mandant Right, or delay it, the Plea may be re-c. F. N. B. 9. New Nat. Br. 19, 20.
moved by the Writ called Tolt into the County- the Demand fhall be of a certain Portion of Land,
Court of the Sheriff; and from thence by Recordare to hold in Severalty; and Voucher and View do not
into the Common Pleas. Ibid. 6, 7. Glanvil feems to lie in it, becauſe of the Privity of Blood; but in a
make every Writ, whereby a Man fues for any Rationabili parte the View was granted, 15 H. 5. for
Thing due unto him, a Writ of Right. Glanv. cap. that the Anceſtor did not die feifed, &c. The Pro-
céfs in the Writ, after removing into C. B. is Sum-
mons, Grand Cape, and Petit Cape, &c. Ibid.
10, 11, 12.
G
Form of a Writ of Right Patent.
EORGE the Second, &c. To A. Lord B. &c.
Greeting: We command you, that without Delay
you do full Right to C. D. of, &c. of one Meffuage, and
twenty Acres of Land, with the Appurtenances, in, &c.
which he claims to hold of you by free Service, &c. of
which E. F. deforces him, &c. that no more Clamour
thereof we may hear for Defect of Right. Witneſs, &c.
Beto fur Disclaimer, Is a Writ that lies where
the Lord, in the Court of Common Pleas, avows up-
on his Tenant, and the Tenant difclaims to hold of
him; upon which Diſclaimer the Lord fhall have this
Writ'; and if he avers and proves that the Land is
holden of him, he shall recover the Land for ever:
This Writ is grounded on the Statute of Westm. 2.
cap. 2.
Old Nat. Br. 150.
Bedor, (Lat.) Signifies a Governor; and Rector
Ecclefia parochialis, Is he that bath the Charge or
Cure of a Parish Church. It has been held, that
Rector Ecclefia is one who hath a Parfonage where
there is a Vicarage endowed. And when Dioceſes
were divided into Pariſhes in this Kingdom, the
Clergy who had the Charge in thoſe Places were
called Rectors; and afterwards when their Rectories
were appropriated to Monafteries, &c. the Monks
kept the great Tithes; but the Bishops were to take
fi-Care that the Rector's Place ſhould be fupplied by
another, to whom he was to allow the fmall Tithes
Writ of Right may be had after an Affife, Writ of
Entry fur Difeifin, &c. or other Real Action, where
the Demandant is barred by Action tried; and fo
if he loſe by Default in a Writ of Right, before the
Mife is joined, c. But if a Perfon once lofeth
his Caufe upon a Writ of Right by Trial and Judg-
ment, &c. he is without Remedy, and fhall be
nally concluded. New Nat. Br. 12.
for
I
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T
for his Maintenance, and this was the Vicar. Count. the Affent of fome other Deputy Lieutenant, &c.
Parf. Comp. 75.-Rector tantum jus in Ecclefia parochiali must be had: And it is a good Exception to a Li-
habet, quantum Prælatus in Ecclefia Collegiata.
cenfe by four Juftices, that no particular Caufe of
Betozy, (Rectoria) Is taken pro integra Ecclefia pa- the Recufant's travelling is expreffed in it. Cro. Fac.
rochiali, cum omnibus fuis juribus, prædiis, decimis aliif-352. Cawley 210. A Perfon was indicted for Re-
que proventuum Speciebus. Spelm. Alfo the Word Rec- cufancy, but conformed before Conviction: And fo
toria hath been often applied to the Rector's Man-again the fecond Time, and was indicted a third
fion or Parfonage Houfe. Paroch. Antiq. 549. See Time for a Relapfe; and on Motion, that it might
Parsonage.
be certified into the Exchequer, becaufe by the Stat.
35 Eliz. he is to lofe all the Benefit which he was
to have by his former Conformity, the Relapfe was
certified accordingly. 1 Bulft. 133. Juftices of Peace
:
Bettum, Right; and anciently it was used for a
Trial or Accufation. Bract. lib. 3.
Bettum, Effe ad Rectum in Curia Domini, is the
fame with Stare ad Rectum. Leg. H. 1. c. 43.
Refum, Stare ad Re&tum, To ftand Trial at Law,
or abide the Justice of the Court. Hoved. 655.
Beatum Rogare, Is to petition the Judge to do
Right. Leg. Ine, cap. 9.
Redus in Curia, i. e. Right in Court, is he that
ftands at the Bar, and no Man objects any Offence
against him. Smith de Repub. Angl. lib. 2. cap. 3.
And when a Perfon outlawed hath reverfed the Out
lawry; fo that he can participate of the Benefit of
the Law, he is faid to be Rectus in Curia.
J
1
C
*
in their Seffions are to caufe Proclamation to be
made, that Popish Recufants fhall render themfelves
to the Sheriff or Bailiff of the Liber y where they
are, before the next Affifes or Seffions, &c. And if
they do not, the Default being recorded, fhall be
taken as a fufficient Conviction. 3 Fac. 1. cap. 4.
And Conftables and Church-wardens of every Pa-
rish, or one of them, or if there be none fuch, the
Conftables of the Hundred there, are to preſent once
a Year at the Quarter-Seffions fuch Recufants as fhall
abſent from the Church for a Month together; the
Beculants, Are fuch as adhere to the Pope as Forfeiture of which is 20 1. per Month, &c. Stat.
Supream Head of the Church, and who refufe or Ibid. If a Recufant fhall conform, and not receive
deny Supremacy to the King. At the Reformation, the Sacrament once a Year at leaft; he fhall forfeit
thole were deem'd Recufants who difputed the Au- for the first Year 201. for the fecond 401. and for
thority of the Crown in Caufes Ecclefiaftical, and every Default after 601. And if after he hath
denied the King's Supremacy; but the A&ts of once received it, he make Default therein by the
Parliament made against Recufants, particularly the Space of one Year, he fhall forfeit 60 1. to be reco-
35 Eliz. defcribe a Recufant to be one that does not vered at the Quarter-Seffions by Indi&ment, and
repair to fome Church or Chapel, or ufual Place divided between the King and the Profecutor: But
of Common Prayer, to hear Divine Service: After- the Husband is not chargeable with the Offence of
wards the Receiving the Sacrament of the Church the Wife; nor the Wife for the Husband after his
was made a farther Teft of Conformity: And by Death. Ibid. It hath been adjudged, that a Writ of
the 25 30 Car. 2. a Declaration against Tranfub- Error will not lie on a Conviction of a Recufant,
ftantiation was required, to diftinguifh Papifts and for not rendring himself to the Sheriff, c. becaufe
Popish Recufants from Proteftants: At. this Day all the Conviction is no Judgment, but the Stature
Perfons are judged Popish Recufants convict, who gives Procefs upon it for the Forfeiture: So that
refuſe the Oaths of Allegiance and Supremacy, or if there be any Faults 'in it, the fame is to be
Abjuration; and are liable to fuffer and forfeit ac- quashed' in the Éxchequer, the Party firft conforming.
cordingly, viz. they incur a Pramunire, whereup- Raym 433. An Information tam quam was brought
on they forfeit all their Goods and Chattels, with against a Defendant, fetting forth, that before and
their Lands, &c. Read. Stat. 4 Vol. pag. 315. Recu- on fuch a Day he was a Recufant convict, and that
fants convict, above the Age of fixteen Years, are afterwards he conformed, &c. and for three Years
to go to their Places of Abode or Settlement, and after had not received the Sacrament, and fo de-
not travel above five Miles from thence, without manded 601. for every. Year: Upon Not guilty
Licence from the King, three of the Privy Coun- pleaded, the Plaintiff had a Verdict; and thereupon
cil, or four Juftices of the Peace, with the Affent it was moved that the Information was incertain,
of the Bishop of the Dioceſe, or the Lieutenant, or because neither the Time was alledged, nor how, or
a Deputy Lieutenant of the County, on Pain of in what Court, nor before whom the Convi&ion
foi feiting their Goods, &c. And not having Lands was; and the Informer demands the Penalty for
worth twenty Marks per Ann. or Goods to the Va three Years, when by Statute no Informer can de-
lue of 401. if they do not make the Submiffion of mand a Penalty upon the Penal Law, but by an In-
Conformity mentioned in 35 Eliz. cap. 2. being re-formation exhibited within a Year after the Offence:
quired by a Juftice of Peace, they may be com- But it was refolved, that the firft Exception had
pelled to abjure the Realm; which Abjuration must been good on a Demurrer; but the Defendant ha-
be certified to the next Affifes; and it is Felony if ving pleaded Not guilty, all the Circumftances of
they do not depart within the Time limited by the his Conviction were admitted, and that nothing re-
Juftices, or departing and returning again without mained to be tried but the Fact: And as for the
the King's Licenſe: But if any Perfon offending fecond Exception, it was good against the Informer
against that A&t, fhall before Conviction, come to for his Part, but fhould not prejudice the King.
fome Parish Church on a Sunday, and make a pub- 2 Cro. 365. 3 Nelf. Abr. 52. The Stat. 23 Eliz. c. I.
lick Declaration of his Conformity, he fhall be dif- gives feveral Remedies against Recufants; one for
charged from all Penalties, &c. though if fuch Of the King alone, and there the Profecution must be
fender afterwards relapfe, and become a Recufant by Indictment in B. R. The other for a common
again, he fhall lofe the Benefit he might otherwife Perfon, and that is to be by Action of Debt, Bill,
have had upon his Submiffion: And Recufants re- Plaint, or Information: And the 28 Eliz. c. 6. was
quired by Procefs to make their Appearance, fhall made for the Benefit of the Crown upon Indict-
not incur any Forfeiture for travelling on fuch Oc-ments, and doth not extend to Informations; there
cafions. 35 Eliz. 3 Fac. 1. c. 5. As to the Licensing fore fuch Informations may be brought in any Court
a Recufant to travel, the Bishop, Lieutenant, or of Record. Hob. 204. Where the Defendant is in-
Deputy Lieutenant, who gives his Affent to it, muft
be a diftinct Perfon from the Juftices of Peace that
gave the Licenſe; and therefore if one and the
fame Perfon be a Juftice of Peace, and Deputy
Lieutenant, he cannot a&t in both Capacities; but
if he ſign and ſeal the Licenfe as a Juftice of Peace,
dicted on the Statute of Recufancy, Conformity is
a good Plea; but not if an Action of Debt be
brought. I Mod. 213. But vide 2 Show 332. A Re-
cufant certified into the Court of King's Bench, ac-
cording to the 23 Eliz. fhall give Security for his
good Behaviour, &c. 2 Bulft. 155. See Papifts.
Bed,
บล
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}
Bed, (Sax. Raed) Is an old Word fignifying Ad-
vice: And Redbana is one who advised the Death
of another.
น
'
Redditus üifus, Is fet or ftanding Rent. Vide
Afifus.
Bedecima, The Tenth of the Tenth. Mon. Angl.
Tom. 2. pag. 199.
Bedelivery, Is a Yielding and Delivery back of
a Thing: If a Perfon has committed a Robbery,
and ftolen the Goods of another, he cannot after-
wards purge the Offence by any Re-delivery, &c.
Inft. 69. H. P. C. 72..
1
Bedemife, Is a Regranting of Lands demifed or
Icafed. See Demife and Redemife.
Redemption, (Redemptio) A Ranfom, or Com-
mutation; and by the old Saxon Laws, a Man con-
victed of a Crime paid fuch a Fine, according to
the Eftimation of his Head, pro Redemptione fua.
Bedevable, (from the Sax. Redevoir, debere) figni-
fies bound or obliged to another, for fome Benefit
received.” Blount.
a
Beddition, (Redditio) A Surrendring or Reftoring;
being alfo a judicial Confeffion and Acknowledg
ment that the Land or Thing in Demand belongs
Bed Book of the Exchequer, (Liber rubeus Scac-to the Demandant, and not to the Perfon fo furren-
carii) Is an ancient Record, wherein are registred dring. Stat. 3435 H. 8. c. 24.
the Names of thoſe that held Lands per Baroniam in
King Henry the 2d's Time. Ryley 667. It is a Ma-
nufcript Volume of feveral Mifcellany Treatifes in
the Keeping of the King's Remembrancer in his Of
fice in the Exchequer; and hath fome Things (as the
Number of the Hides of Land in many of our
Counties, &c.) relating to the Times before the
Conqueft. There is likewife an exact Collection of
the Efcuages under King Hen. 1. Rich. 2. and King
John; and the Ceremonies uſed at the Coronation
of Queen Eleanor, Wife to King Hen. the 3d, &c.
Beddendum, Is ufed fubftantively for the Clauſe
in a Leaſe, whereby the Rent is referved to the
Leffor; and anciently Corn, Flefh, Fifh, and other
Victuals, were for the moft part referved on Leafes.
2 Rep. 72. Wood's Inft. 226. In Debt for Rent, the
Plaintiff declared upon a Leafe made 25 August
11 Will. 3. of a Meffuage, &c. for feven Years, to
Bedilleifin, (Rediffeifina) Is a Diffeifin made by
commence from the 24th Day of June before; Red-
dendum Quarterly at Michaelmas, St. Thomas's Day, him, who once before was found and adjudged to
Lady Day, and Midfummer, three Pounds ten Shil have diffeifed the fame Man of his Lands or Tene-
lings, the firft Payment to be made at Michaelmas ments; for which there lies a ſpecial Writ called a
F. N. B. 188.
then next; and affigned for Breach that fourteen Writ of Rediffeifin. Old Nat. Br. 106.
Pounds of the faid Rent was in Arrear for one The Writ of Rediffeifin lieth where a Perfon doth
Year ending 24 December, Anno 13 Will. And upon recover by Affife of Novel Diffeifin any Lands, Rent,
Demurrer to this Declaration, it was objected that for Common, and is put in Poffeffion thereof
on this Leafe there was no Year could be ended by Verdict and Judgment, and afterwards he is dif
on the 24th of December, but on St. Thomas's Day feiled of the fame by him by whom he was dif
according to the Reddendum; which was held to feifed before. Statute of Merton, c. 3. New Nat.
be true, becauſe where fpecial Days are limited in Br. 417. Alſo this Writ lies against him who com-
the Reddendum, the Rent must be computed from mitted the Rediſſeifin, and another who was not Dif
thoſe Days, and not according to the Habendum; feifor, if he be Tenant of the Land; and if à Mạn
and that the Rent is never computed from the Ha-do recover by Rediffeifin, and after he is diffeifed
bendum, but when the Reddendum is general; i. e. again by the Perfon who made the firft Rediffeifin,
paying Quarterly fo much; fo the Plaintiff had he fhall have a new Writ of Rediffeifin; and to one
Leave to difcontinue, &c. 1 Salk. 141. See Deed Rediffeifin after another, every Time he is redif
feifed. Ibid. 418, 420. And the Rediffeifen being
and Refervation.
Reddidit fe, Is where a Man procures Bail for found on the Sheriff's Inquifition, the Party who did
himſelf to an Action in any Court at Law; if the it is to be committed to Prifon, and the Lands re-
Party bailed at any Time before the Return of feifed; and he who recovereth in Rediffeifin, fhall
the fecond Scire facias againſt the Bail, renders him- have double Damages, &c. Stat, Weftm. 2. c. 26.
felf in Discharge of his Bail, they are thereby dif- The Punishment for Rediffeifin fee in the Statute
charged. 2 Lill. Abr. 430. A Capias ad fatisfaciend' 52 H. 3. c. 8. If a Plaintiff be re-diffeifed of Par-
was returned Non eft inventus against the Principal, cel of the Tenement formerly recovered, he fhall
and one Scive Fac' and a Nichil; and upon the fe- have a Rediffeifin: And when Coparceners be dif
cond Scire Fac. he rendered himſelf, and was received: feifed, and recover in an Affife, if after they make
But if there had been a Scire feci and Judgment Partition and are feverally diffeifed, they may
thereupon, he had come too late. Cro. Fac. 109. bring feveral Writs of Rediffeifin, &c. Co. Litt. 154
If a Defendant renders himself to the Marſhal of A Recovery in Affife of Novel Diffeifin is against two
B. R. upon any A&tion in that Court, in Diſcharge Diffeifors, and one of them diffeifes the Plaintiff
of his Bail, the Defendant's Attorney is forthwith again, he may have a Rediffeifin against him: But
to give Notice of fuch Reader to the Plaintiff's where the Recovery is againſt a Woman in an Af-
Attorney, and fhall make Oath of the Notice, &c. fife, and fhe taketh Husband, and both of them dif
And a Reddidit fe will not diſcharge the Bail, unleſs feife the Plaintiff, he fhall not have this Writ; be-
the Attorney who is concerned for the Defendant caufe the Husband is alius, and not the fame firſt
or his Bail, enters it in the Marſhal's Book; and Diffeifor. Ibid. And if in a Writ of Right, c.
having given Notice thereof to the Attorney for
the Plaintiff, brings the Bail-Picce to the Seconda-
ry, who upon producing of a Note from the Mar-
fhal or his Clerk, that the Defendant is in Cuftody,
will diſcharge it; and until this is done, the Plain
tiff may notwithstanding proceed to Judgment and
Execution against the Bail; for until the Bail-Piece
is difcharged, there is a Record ftill remaining in
Court againſt them. 15 Car. 2. 2 Lill. 431. A Red-
didit fe of the Principal, in Diſcharge of the Bail,
is no Plea in a Writ of Error;, for the Recogni-lately had; as if a Man makes a Leafe of Lands,
zance is not to render the Body, but to pay the
Debt; adjudged 3 Fac. 1. c. 8. Vide Bail.
•
*.
·
the Demandant makes his Proteftation to fue in the
Nature of Aſſiſe, and after is re-diffeifed; he ſhall
not have a Writ of Rediffeifin, the firft Recovery not
being by Writ of Affife of Novel Diffeifin. 2 Inft. Sec
Poft-Diffeifin.
Redubbos, Are thoſe that buy ftolen Cloth, and
turn it into fome other Colour or Faſhion, that it
may not be known again. Britton, cap. 29. 3 Inft. 134.
Be-entry, (from the Fr. Rentrer, i. c. rurfus in-
trare) Is the Refuming or Retaking a Poffeffion
c. to another, he thereby quits the Poffeffion;
and if he covenants with the Leffee, that for Non-
Redditarius, A Renter; and Redditarium hath payment of the Rent at the Day, it fhall be lawful
been uſed for a Rental of a Manor, or other E-for him to re-enter; this is as much as if he condi-
tioned to take again the Land into his own Hands,
ftate. Cartular. Abbat. Glafton. MS. 92.
and
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Befugium, A Sanctuary or Privilege of the
Church.
Cum omni fua Libertate & Refugio
Ecclefia Sancti Petri, &c. Mon. Angl. Tom. 3. pag.
122.
Befullus, For Refluxus; and perhaps Refullum A-
qua is the High-water Mark, or fo high as the Wa-
ter comes at full Sea. Mon. Angl.
and to recover the Poffeffion by his own A&t, with- ( approbavi, &c. And we read of a Referendarius An-
out the Affiftance of the Law. But Words in a Deed glia. Spelm.
give no Re-entry, if a Clauſe of Re-entry be not add-
ed. Wood's Infti 140. One may referve a Rent on
Condition in a Feoffment, Leafe, &c. That if the
Rent is behind he fhall re enter, and hold the Lands
till he is fatisfied, or paid the Rent in Arrear; and
in this Cafe, if the Rent is behind, he may re-enter;
though when the Feoffee, c. pays or tenders on
the Land all the Arrears, he may enter again. Refufal, Is where one hath by Law a Right and
Litt. 327.
1 Inst. 203. And the Feoffor, &c. hath Power of having or doing fomething of Advantage
only an Intereft, and not the Freehold, to take the to him, and he refufeth it. An Executor may re-
Profits in the Nature of a Diftrefs: Here the Pro-fufe an Executorship; but the Refufal ought to be be-
fits fhall not go in Part of Satisfaction of the Rent;
but 'tis otherwife if the Feoffor was to hold the
Land till he was paid by the Profits thereof. Ibid.
All Perfons that would re-enter upon their Tenants
for Non-payment of Rent, are to make a Demand
of the Rent; and to prevent the Re-entry, Tenants
are to tender their Rent, &c. 1 Inft. 201. If there
is a Leaſe for Years, rendring Rent with Condition,
That if the Leffce affigns his Term, the Leffor may
re-enter; and the Leffee affigneth, and the Leffor
receiveth the Rent of the Affignee, not knowing or
hearing of the Affignment, he may re-enter not-
withſtanding the Acceptance of the Rent. 3 Rep. 65.
I Cro. 553. A Feoffment may be made upon Con-
dition, That if the Feoffor pay to the Fcoffee, &c.
a certain Sum of Money at a Day to come, then
the Feoffor to re-enter, &c. Lätt. 322.
fore the Ordinary: If an Executor be fummoned to
accept or refuſe the Executorship, and he doth not
appear upon the Summons and prove the Will, the
Court may grant Adminiftration, &c. which fhall
be good in Law till fuch Executor hath proved the
Will; but no Man can be compelled to take upon
him the Executorship, unless he bath intermeddled
with the Eftate. I Leon. 154. Cro. Eliz. 858. Where
there are feveral Executors, and they all refufe,
none of them fhall adminifter afterwards; but if
there is a Refuſal by one, and the other proves the
Will, the Refusing Executor may adminifter when
he will, during the Life of his Co-executor. 5 Rep.
28. 2 Nelf. Abr. 63. There is a Difference where
there is but one Executor, and where there are more
Executors than one, as to Refuſal of an Executor-
fhip; for if there is but one, and in fuch Cafe he
adminifter, he cannot refuse afterwards; and if once
he refuse he cannot adminifter afterwards: As for
Inftance; the Teftator being poffeffed of Lands,
it. for a Term of Years, deviled the fame to the
Lord Chief Justice Catline, and made him Execu-
tor, and died: Afterwards the Executor wrote a
Letter to the Judge of the Prerogative Court, inti-
mating that he could not attend the Executorship,
and defiring him to grant Adminiftration to the
next of Kin to the Deceafed, which was done ac-
Befe&tio, A Dinner or Supper; fometimes taken cordingly; and after this, the Executor entered on
for a Duty incumbent to provide Suppers, &c. The the Lands, and granted the Term to another; but
Word is derived from Reficio, to refresh.
it was adjudged void, because the Letter which he
Refeñozy, (Refectorium) Is that Place in Mona-wrote was a fufficient Refufal; and he may not once
fteries where the Monks ufed to eat: So the Halls in
Colleges and Inns of Courts, wherein the Scholars and
Students eat and refresh themſelves, may properly,
be called Refectories. Cowel.
Re-exchange, Is the like Sum of Money payable
by the Drawer of a Bill of Exchange which is re-
turn'd Proteſted, for the Exchange of the Sum men
tioned in the Bill back again to the Place whence
was drawn. Lex Mercat. 98.
Re-extent, Is a fecond Extent upon Lands or Te-
nements, on Complaint that the former Extent was
partially made, c. Broke 313.
Befare, (From the Sax. Reaf, or Rafan) To be-
reave, take away, or rob. Leg. H. 1. c. 83.
•
refufe, and afterwards take upon him the Executor-
fhip. Moor 272. An Executor after a Caveat entered
against the Will; took the ufual Oath of an Execu-
tor, and afterwards refuſed to prove the Will; and
it was held, that having taken the Oath of Execu-
tor, the Court could not admit him to refufe after-
wards, but ought to grant Probate to him notwith-
ftanding the Caveat, on another's Contefting for the
Adminiftration, &c. I Ventr. 335. There is a Re-
fufal of a Clerk prefented to a Church, for Illiterature,
of. And if a Bishop once refufes a Clerk for Infuf-
ficiency, he cannot accept of him afterwards, if a
new Clerk is prefented. 5 Rep. 58. 1 Cro. 27. In
Actions of Trover and Converfion, a Demand of the
Goods and Refusal to deliver them, must be proved,
c. 10 Rep. 56. i Danu. Abr. 20.
Befutantia, A Difcharge; or Renouncing of all
future Claim: Vifis Libris, Inftrumentis, Regi-
Aris, Refutationibus, aliifque Ezidentiis, &c. Thorn.
Anno 1389.
Reference, In the Acceptation of Law is, where
a Matter is referred by the Court of Chancery to a
Mafter, and by the Courts at Law to a Prothonotary or
Secondary, to examine and report to the Court. 2 Lill.
Abr. 432. In Chancery, by Order of Court, Irre-
gularities, Exceptions, Matters of Account, &c.
are referred to the Examination of a Maſter
that Court. In the Court of B. R. Matters con-
cerning the due Proceedings, or undue Proceedings
in a Caufe, by either of the Parties, are proper
Matters of Reference under the Secondary, and for
him in fome ordinary Cafes to compofe the Diffe-
rences betwixt them; and in others to make his Re-
port how the Matters do ftand, that the Court may
fettle the Differences according to their Rules and
Orders. Pafch. 1650. If a Matter in Difference be-
tween the Plaintiff and Defendant be referred to
the Secondary, and one of the Parties will not at
tend at the Time appointed, after Notice thereof
given, to hear the Bufinefs referred; the other Par-
ty may proceed in the Reference alone, and get the
Secondary to make his Report without hearing of
the Party not attending. 2 Lill. 432. See Report.
Referendary, (Referendarius) Is an Officer abroad, Begal fishes, Are Whales and Sturgeons; to
of the fame Nature as Masters of Request were to which fome add Porpuffes. The King by his Prero-
the King among us: The Referendaries being thoſegative ought to have every Whale caft on Shore in
who exhibit the Petitions of the People to the King, all Places within this Realm, (except granted to
and acquaint the Judges with his Commands. And Subjects by Special Words) as a Royal Fish: And
there was fuch an Officer in the Time of the Eng-'tis faid the King himſelf thall have the Head and
lith Saxon's here, viz. Ego Augemundus Referendarius Body to make Oil and other Things; and the
8 F
Queen
Regal, (Regalis) Royal, or Kingly; like a King.
Litt. Dict.
Regale Epiſcopozum, The Temporal Rights and
Privileges of a Bifhop. Mandatum eft Roberto de
B. quod faciat habere Epifcopo Norwicenfi totum Regale
quod ad Epifcopatum fuum pertinet. Brady's Append. to
the History of England. pag. 108.
RE
RE
!
Queen the Tail, to make Whale-Bones for her Royal
Veftments. Pat. 1 Edw. 1. Stat. 17 Edw. 5. cap. 1.
i Elix cap. 5.
Begalia, (Lat.) Royalties, the Royal Rights of
a King; which the Civilians fay are fix. 1. Power
of Judicature. 2. Power of Life and Death.
3. All Kind of Arming. 4. Mafterlefs Goods, as
Waifs, Eftrays, c. 5. Affeffments, and 6. The
Value of Money, &c. Alfo the Crown, the Scep-
ter, four feveral Swords, the Globe, and other fuch
like Things, ufed at the Coronation of our Kings,
are called Regalia. Stat. 13 Eliz. cap. 16. And Re-
galia is fometimes taken for the Dignity and Prero-
gative of the King. Likewife Regalia is applied to
thofe Rights, which the Church enjoys by the
Grants and Conceffions of Kings: And fometimes
to the Patrimony of the Church; and thofe Lands
and Hereditaments that have been given by our
Kings thereto. Mon. Angl. Tom. 2. pag. 231.
Kegardant, (Fr. i. e. Seeing, Marking, or Vigi-
lant) As a Villein Regardant, was one who had the
Charge to do all bafe Services within the Manor,
and to fee the fame freed of Annoyances; and
therefore called Regardant to the Manor. Co. Litt.
120.
Begard, (Regardum, Fr. Regard, i. e. Afpectus)
Signifies generally any Care, or looking on; and
in a fpecial Signification is ufed only in Matters of
the Foreft, and there two Ways, one for the Office
of the Regarder, the o her for the Compafs of Ground
belonging to the Regarder's Charge, which is the
whole Foreft, viz. All that Ground which is Parcel
of the Foreft; for there may be Woods within the
Limits of the Foreft, that are no Part thereof, and
thofe are without the Regard. Cromp. Jurifd. 175,
199. Manw. par. 2. cap. 7.
1
Register, (Regiſtrarius) Is an Officer that writes
and keeps a Registry. And Regifter is the Name of
a Book, wherein are entered and fet down most of
the Forms of Writs Original and Judicial uſed at
Common Law, called the Register of Writs: Sir
Edward Coke affirms, That this Regifter is one of
the moft antient Books of the Common Law. Co.
Litt. 159.
Register of the Parish Church, Regiftrum Eccle-
fie Parochialis) Is that wherein Baptifms, Marriages,
and Burials are registred in each Pariſh every Year;
which was inftituted by the Lord Cromwell, Anno
13 Hen. 8. while he was Vicar General to that King.
Thefe Parish Registers are, to be fubfcribed by the
Minifter and Church-wardens; and the Names of
the Perfons, fhall be tranfmitted yearly to the Bi-
fhop, &c.
-
Registry, (Regiftrum, from the old Fr. Gifter,
i. e. in Lecto Reponere) Is properly the fame with
Repository; and the Office Books, and Rolls where-
in the Proceedings of the Chancery, or any Spiritual
Court are recorded, &c. are called by this
Name.
Registry of Deeds. The Registring of Deeds and
Incumbrances is a great Security of Titles-to Pur-
chafers of Lands and Mortgagees; and fome Laws
have been made requiring the fame. By the
2 Ann. cap. 4. A Registry is to be kept of all Deeds
and Conveyances affecting Lands executed in the
Weft Riding of Yorkshire; and a publick Office e-
re&ted for that Purpofe; and the Register is to be
chofen by Freeholders having 100l. per Annum, Exc.
The 6 Ann. cap. 35. ordains, that a Memorial and
Registry of all Deeds, Conveyances, Wills, c.
which affect any Lands or Tenements, fhall be
made in the Eaft-Riding of the County of York;
and the Regifter is to be fworn by the Juftices in
Quarter-Seffions, and every Leaf of his Book
figned by two Juftices. By 7 Ann. cap. 20. A Me-
morial and Registry is to be made of all Deeds and
Conveyances, and of all Wills whereby Lands are
Fo-affected, &c. in the County of Middleſex, in like
Manner as in the Weft and East Ridings of Yorkshire.
And by thefe Statutes, Deeds, Conveyances and
Wills, fhall be void against fubfequent Purchafers
or Mortgagees, unless regiftred before the Conve
ances under which they claim: Alfo no Judgment,
Statute, or Recognizance, fhall bind any Lands in
thofe Counties, but from the Time a Memorial
thereof fhall be entred at the Register's Office; but
the A&ts do not extend to Copyhold Eftates, Leafes
at a Rack-Rent, or to any Leafes, not exceeding
21 Years, where the Poffeffion goes with the Leafe;
nor to any Chambers in the Inns of Court. By the
8 Geo. 2. c. 6. A Registry fhall be of all Deeds inade
in the North-Riding of the County of York: The
Deeds and Conveyances regiftred to be in Parchment,
under the Hand and Seal of fome of the Grantors,
or Grantees, c. attefted by two Witneffes, who
fhall on Oath prove the Signing and Sealing of the
Memorial and Execution of the Deeds. Memori-
als of Wills, muft be registred within fix Months after
the Death of the Teftator; the Register neglecting
his Duty, or guilty of fraudulent Practices, fhall
forfeit his Office, and pay treble Damages; and
Perfons counterfeiting any Memorial, &c. be liable
to the common Penalties of Forgery.
Regarder, (Regardator, Fr. Regardeur, Spectator)
Is the Officer of the King's Foreft, who is fworn to
make the Regard of it, as has been ufed in ancient
Time; and to view and inquire of all Offences of
the Foreft, as well of Vert as of Venison; and of Con-
cealments of any Offences or Defaults of the
refters, and all other Officers of the King's Foreft,
relating to the Execution of their Offices, &c.
Cromp. Furifd. 153. Manwood. This Officer was or-
dained in the Beginning of the Reign of King Hen. 2.
And the Regarders of the Fereft muft make their Re-
gard, before any General Seffions of the Foreft, or
Juftice Seat can be holden; when the Regarder is to
go through the Foreft, and every Bailiwick, to fee
and inquire of the Trefpaffes therein; ad videndum,
ad inquirendum, ad imbreviandum, ad Certificandum, &c.
Manw, part 1. pag. 194. A Regarder may be made
either by the King's Letters Patent; or by any
of the Juftices of the Foreft, at the General Eyre,
or fuch Times as the Regard is to be made, &c.
Manw.
Bege inconfulto, Is a Writ iffued from the King
to the Judges not to proceed in a Caufe which may
prejudice the King, until he is advised. K. James 1ft
granted the Office of Superfedeas in C. B. to one
Mitchel, and thereupon Brownlow, chief Prothono-
tary, brought an Affife against him; and the Defen-
dant Mitchel obtained the King's Writ to the Judges,
reciting the Grant of this Office, commanding them
not to procced Rege inconfulto: And it was argued a-
gainst the Writ, that the Court might proceed, be-
cauſe the Writ doth not mention that the King had
a Title to the Thing in Demand, nor any Preju-regifter their Eftates, or on Default fhall forfeit
dice which might happen to the King if they fhould
proceed: The Caufe was compromifed. Moor 844.
A Rege inconfulto may be awarded, not only for the
Party to the Plea, but upon Suggeftion of a Stran-
ger, on Caufe fhewn that the King may be preju-
diced by the Proceeding, &c. Fenk. Cent. 97.
Regio Afenfu, A Writ whereby the King gives
his Royal Affent to the Election of a Biſhop. Reg.
Orig. 294.
3
Registry of Papifts Estates. Papifts are to
them. I Geo. 1. cap. 55. And all Perfons refufing
to take the Oaths, are obliged to regifter their
Eftates as Papifts, &c. 9 Geo. 1. cap. 24. Sce
Papiſts.
Regius Profeffoz, Is a Reader of Lectures in
the Universities, founded by the King: K. Hen. 8.
was the Founder of five Lectures in each Uni-
verfity of Oxford and Cambridge, viz. of Divinity,
Greek, Hebrew, Law and Phyfick, the Readers of
which
4
RE
RE
*
1
•
which are called in the Univerſity Statutes Regii Paper-Book, doth of Courſe make up the Rejoinder;
Profeffores.
and joins the Iffue in it; and if the Rejoinder be iffu-
Begni Populi, A Name given to the People of able, he hath the Making up of the Surrejoinder to
Surrey and Suffer, and on the Sea-Coafts of Hamp-it, and the Iffue thereupon. 2 Lill. 433. See De-
foire. Blount.
parture.
Regnum Ecclefiafticum. In fome Countries for- Belation, (Relatio) Is where, in Confideration of
merly, the Clergy held there was a double fupreme Law, two different Times or other Things are ac-
Power, or two Kingdoms in every Kingdom; the counted as one; and by fome A&t done the Thing
one a Regnum Ecclefiafticum, abfolute and indepen- fubfequent is faid to take Effect by Relation from
dent upon any but the Pope over Ecclefiaftical Men the Time preceding: As if one deliver a Writing to
and Cauſes, exempt from the fecular Magiftrate; another, to be deliver'd to a third Perfon, as the
and the other a Regnum Seculare, of the King or Deed of him who made it, when fuch third Perfon
Civil Magiſtrate, which had Subordination and Sub- hath paid a Sum of Money; now when the Money
jection to the Ecclefiaftical Kingdom: But thefe U- is paid, and the Writing delivered, this fhall be ta
furpations and Abfurdities, were exterminated here ken as the Deed of him who made and delivered
by K. H. 8. 2 Hale's Hift. P. C. 324
it, at the Time of its firſt Delivery, to which it has
Regrator, (Regratarius, Fr. Regrateur, Signifies Relation; and fo Things relating to a Time long be-
him that buys and fells any Wares or Victuals in fore, fhall be as if they were done at that Time.
the fame Market or Fair: And by Statute, Regra- Terms de Ley 515. Shep. Epit. S37. This Device is
tors are particularly defcribed to be thoſe who buy moft commonly to help Acts in Law, and make a
or get into their Hands in Fairs or Markets, any Thing take Effect; and fhall relate to the fame
Grain, Fish, Butter, Cheefe, Sheep, Lambs, Calves, Thing, the fame Intent, and between the fame Par-
Swine, Pigs, Geefe, Capons, Hens, Chickens, Pi-ties only; and it fhall never do a Wrong, or lay a
geons, Conies, or other dead Victuals whatfoever, Charge upon a Perfon that is no Party. 1 Inft. 190.
brought to a Fair or Market to be fold there, and 1 Rep. 99. Plowd. 188. And when the Execution
do fell the fame again in the fame Fair, Market, of a Thing is done, it hath Relation to the Thing.
or Place, or in ſome other within four Miles there-executory, and makes all but one A&t or Record,
of. Stat. 5 & 6 Eà. 6. cap. 14. 13 Eliz. cap. 25. although perform'd at feveral Times. 1 Rep. 199.
Regrating is a Kind of Huckstry, by which Victuals A Judgment had in full Term fhall have Relation
are made dearer; for, every Seller will gain fome to the first Day of the Term, which is the Eſſoin-
thing, which must of Confequence enhance the Day; but this must be understood of a Judgment
Price. 3 Inft. 195. And in antient Time, both the given after Appearance; and if it be upon Default,
Ingroffer and Regrator were comprehended under the then the Quartus dies poft is the Day. Cro. Car. 73.
Word Forestaller. Ibid. Regrators are punishable by
Lofs and Forfeiture of Goods, and Imprifonment,
in Proportion to the firft, fecond, or third Offence,
c. Vide Forestaller.
Regula, The Book of Rules, Orders or Statutes
in a Religious Convent. Regulars are Monks or
Canons, who profefs to live under fome Rule of
Obedience.
Bulft. 33. Judgments fhall have Relation to the
firft Day of the Term, as if given on that very Day,
unless there is a Memorandum to the contrary; as
where there is a Continuance till another Day in
the fame Term. 3 Salk. 212.
A Verdict was given
in a Caufe for the Plaintiff, and there was a Motion
in Arreft of Judgment within four Days; the Court
took Time to advife, and in four Days afterwards
Regulus, Is a Word often mentioned in the the Plaintiff died: It was adjudged, that the Favour
Councils of the English Saxon Kings, and ufed for of the Court fhall not prejudice the Party, for the
Comes; as the Subregulus was the Vicecomes: Offa Judgment ought to have been given after the firſt
Rex Merciorum, Utbredus Regulus, & Aldredus Sub-four Days; and though it is given after the Death
regulus W. &c.
Rehabere facias feilinam, Quando Vicecomes libe
ravit feifinam de majore parte, quam deberet, is a judi
cial Writ; of which there is another of the fame
Name and Nature. Reg. Judic. 13, 51, 54.
-
Rehabilitation, (Rehabilitatio) A Reftoring to
former Ability; and is one of thofe Exactions
claimed by the Pope heretofore in England, by his
Bull or Brief, for re-enabling a Spiritual Perfon to
exercile his Function who had been disabled. Stat.
Hen. 8. c. 21.
25
Beif, (Sax. Refian, i. e. Spoliare) In our old Laws
fignifies Robbery. Cowel.
;
of the Party, it fhall have Relation to the Time
when it ought to have been given. 1 Leon. 187. Rule
was had for Judgment, and two Days after the Plain-
tiff died; yet the Judgment was enter'd, because it
fhall have Relation to the Day when the Rule was
given, which was when the Plaintiff was alive.
Poph. 132. Judgment against an Heir upon the Ob-
ligation of his Ancestor, fhall have Relation to the
Time of the Writ firft purchaſed; and from that
Time it will avoid all Alienations made by the Heir.
3 Cro. 102. And if one be Bail for a Defendant,
and before Judgment he Leafes his Lands; they
fhall be liable to the Bail, and Judgment by Rela-
Bejoinder, (Rejunctio) Is where the Defendant in tion. Poph. 132, 112. The Defendant in a Suit af-
any Action makes Anfwer to the Plaintiff's Repli ter the Tefte of the Fieri facias, but before the She-
cation: It is an Exception or Answer thereto, and riff had executed it, fold the Goods, and delivered
it ought to be a fufficient Anfwer to the Replication, them to the Buyer;, and it was refolved, that the
and follow and enforce the Matter of the Bar plead Sheriff might take them in Execution in the Hands,
çd. 2 Lill. Abr. 433. The Defendant is not to rejoin of the Buyer; for when fuch Execution is made,
upon fuch Words as are not contained in the Deit fhall have Relation to the Tefte of the Fifa. 1 Leon.
claration, or Replication; and if the Defendant do 304. Sale of Goods of a Bankrupt, by Commif
in his Rejoinder depart from his Plea pleaded in Bar, fioners, fhall have Relation to the first Act of Bank-
the Rejoinder is not good, because this is uncertain, ruptcy; and be good, notwithſtanding the Bankrupt.
and to fay and unfay, which the Law doth not al fells them afterwards. 1 Fac. I. cap. 15. Wood's Inft.
low. Mich. 22 Car. B. R. It is obferv'd, that in 311. And if a Man buys Cattle in a Market that
many Cafes, if the Plaintiff in his Replication al-are ftoken, and felleth them our of the Marker,
ledges any new Matter, the Defendant may there though the Cattle are afterwards brought into the
make a new Anfwer in the Rejoinder; though if the Market, and the fecond Bargain confirm d, and Mc-
Defendant pleads a general Plea, he fhall not com- ney paid, &c. this Bargain will not be good; for it
monly make that good afterwards, by a particular fhall have Relation to the Beginning, which was un-
Thing in his Rejoinder. 5 Hen. 7. 19. Raym. 22. lawful. Dyer 99. Fines being but common Affu-
Where a Replication is pleaded; which is ifluable, rances, fhall be guided by the Indentures precedent;
the Clerk of the Papers when he makes up the and the Execution thereof fhall have Relation to the
original
RE
RE
1
original A&t. 2 Cro. 110. A Bargain and Sale was Right or Action which any Man hath or claimeth a-
made to A. B. and before it was inroll'd, the fame gainft another, or his Lands, &c. and is ufually made
Bargainor levied a Fine to the Bargainee, and af- by the Words, Have Remifed, Releafed, and Quit-claim-
terwards and within the fix Months the Deed was ed, or other Words to the like Purpoſe: He that re-
inroll'd; adjudg'd that the Bargainee was in by the leafeth is the Releafor, and he to whom the Releaſe
Fine, and not by the Deed inroll'd, becauſe though is made is call'd the Releafee. Litt. 445. 1 Inft. 264.
the Inrollment fhall have Relation to the Delivery of Releaſes are of two Kinds, viz. a Releafe as to
the Deed, that is only to protect the Lands from all Lands, (called Leafe and Releaſe) and of Goods and
Incumbrances to be made by the Bargainor to o- Chattels; and a Releaſe of Actions, whether Real,
thers after the Deed, and before the Inrollment, Perfonal or Mix'd. Litt. 492. And they are alſo ei-
but not to deveſft any lawful Eftate made by him ther in Fact exprefs'd, or implied in Law: In Fact or
before. 4 Rep. 70. After an Indenture of Bargain exprefs'd, is that which the very Words exprefly
and Sale is inroll'd, according to the Statute, it re- declare, and the Act of the Party releafing by Deed:
lates to the Delivery; nothing paffes till Inroll-In Law or implied, is that Releafe which the Law
ment, but then it relates. 3 Nelf. Abr. 68. One makes, and which acquits by Way of Confequent
made a Leafe for Years, rendring Rent at certain or Intendment of Law, and is fometimes by Writing,
Feafts, he in Reverfion bargained and Sold the and fometimes withour. 1 Inft. 264. Perkins 71. And
Land to a Stranger, who gave Notice to the Leffee; a Releafe in Law, fhall be more favourably regard-
and the Day of Payment coming, he paid the Rented, according to the Intent of the Parties, than Re-
to the Bargainor, and then the Deed was inrolled: leafe in Deed. When an Obligee or Creditor, makes
It was held, that the Bargainee ſhould not have this the Obligor or Debtor his Executor, who accepts
Rent by Relation. Hugh's Abr. 1644. If an Infant thereof; this is a Releafe in Law by Writing: But
or Feme Covert, difagree to a Feoffment to them if an Obligor is made Adminiſtrator to the Obli-
made, when they are of Age, or diſcovert; it ſhall gee, this is no Releaſe in Law; and when he is made
relate as to this Purpoſe, to diſcharge them of Da- Exccutor, though this is a Releafe in Law of the
mages from the Time. 3 Rep. 29. Co. Litt. 310. But Action, the Duty remains, and it shall be Affers in
generally in Cafes at Common Law, there is no Re- his Hands. 8 Rep. 136. If a Feme Obligee or Cre-
lation; as between the Feoffment of Lands and Li ditor takes the Obligor or Debtor to Husband, it is
very and Seifin; or between the Grant of a Revera Releaſe in Law without Writing; but not if a Feme
fion and the Attornment, which is only the Affent Executrix takes the Debtor to Husband, for that
of the particular Tenant, and fhall not relate to would be a Wrong to the Dead. Ibid. If a Charge
the Grant. Ibid. Though if one diftrains for Rent or Duty grow by Record, the Releaſe muſt be upon
as Bailiff, when in Truth he is not; if he in whofe Record; and if by Deed, the Releafe is to be by
Name he took the Diftrefs will afterwards affent to Deed. 1 Inft. 298. And it is to be obferv'd, That
it, he ſhall not be a Trefpaffer, for the Affent fhall no Right paffeth by Releaſe, but the Right which
have Relation to the Time of the Diſtreſs taken. 2 the Releafor had at the Time of the Releaſe made;
Leon. 196. Letters of Adminiſtration relate to the if he has no Right, the Releaſe is void. Litt. 446,
Death of the Inteftate, and not to the Time when 450. Rights and Titles to Goods, Chattels, Actions,
they were granted. Stile 341. And when the Wife Real and Perfonal, &c. may be releaſed: Alfo Con-
is endowed of Lands by the Heir, fhe fhall be in ditions annex'd to Eftates, Powers of Revocation
immediately from the Husband by Relation. 36 H. of Ufes, Warranties, Covenants, Rents, Services,
6. 7. It is a Rule in Pleadings, Grants, &c. Ad Commons, and other Profits to be taken out of
proximum antecedens fiat Relatio; but that Rule has Lands, may be difcharged and extinguiſhed by Re-
an Exception, (viz.) nifi impediat fententia: And it leafe. 1 Rep. 112. 2 Rep. 51. 10 Rep. 48. A Condition
hath been held that this Rule bath many Reftric- cannot be releafed upon Condition; but the Releafe
tions, i. e. Fiat Relatio, fo as there is no Abfurdity will be good, and the Condition void.
1 Inst. 237,
or Incongruity; and therefore it is always fecundum 265. A Man may not releaſe a Perfonal Thing, as
fubjectam materiam. Hardr. 77. 3 Salk. 199. A Per- an Obligation, upon a Condition fubfequent; be-
Per-en
fon granted Totam illam portionem Decimarum in B. caufe a Perfonal Thing once fufpended, is extin-
with all other his Tithes in B. then or late in Occu-guifhed for ever. 1 Roll. Abr. 412, 490. If a Per-
patione of F. C. here the Words in Occupatione of F. C. fon releaſes upon Condition, the Condition is void;
have Relation to the whole Sentence, and not only but a Releaſe may be delivered as an Escrow, to be
to the Precedent Words, with all other his Tithes, a Man's Deed when fuch a Thing is performed,
because the Pronoun illam relates as well to the Te- which makes it in the Nature of a Condition. Keilw.
nure of the Tithes, as to the Place where they a- 88. A Releaſe of an Action or Right cannot be for
rife. 4 Rep. 34. In Debt upon Bond conditioned a Time: It will enure for ever, if made but for an
that if 7. M. died before Midfummer Day, without Hour. 1 Inft. 274. Litt. 467. A Dury certain may
Iffue Male of her Body then living, that in fuch be releafed before the Day of Performance of the
Cafe the Bond fhould be void: The Defendant Condition; but a Duty uncertain at firft, upon a
pleaded that before Midfummer Day, he did die Condition precedent to be made certain afterwards,
without Iffue Male then living; and the Queftion being in the mean Time but a mere poffibility, can-
was, Whether the Adverb then should relate to Mid not be released. 5 Rep. 70. 10 Rep. 11. Cro. Eliz. 580.
Summer Day, or to the Death of F. M. And it was a- As a Man may releaſe any Debt or Duty due to him-
greed, that it might relate to either; but becauſe it felf; fo a Perfon may releafe any Thing or Wrong
happened in Fact that he had a Son living at her done to his Wife, before or after the Marriage: A
Death, which Son died before Midfummer Day, there- Release by the Husband of his Wife's Suit in the Ec-
fore the Words then living fhall relate to that Day, clefiaftical Court for Defamation, is a good Releaſe
and not her Death; and becauſe it is moft beneficial as to the Cofts, but not as to the Defamation; for
to the Obligor, that it ſhould be ſo. Dyer 17. 3 Nelf the Court may give Sentence that the Defendant
Abr. 65.
fhall make a corporal Satisfaction by Penance and
Relator, (Lat.) A Rehearſer, or Teller; alfo ap-Submiffion, which the Husband cannot release. Cro.
ply'd to an Informer. Stat. 9 Arn. c. 20. See Quo
Warranto.
Beleafe, (Relaxatio) Is an Inftrument, whereby
Eftates, Rights, Titles, Entries, Actions, and other
Things are extinguiſhed or abridged, and fometimes
transferred and enlarged. Weft's Symb. par. 1. lib. 2.
Generally it is a giving up or diſcharging of the
*
Car. 161. If the Wife is Executrix to another, the
Husband may releaſe any Debt or Duty due to the
Teftator; which the Feme-Executrix cannot to the
Prejudice of her Husband. 5 Rep. 27. A Wife is
divorced caufa Adulterii, the Husband may releaſe a
Duty to the Wife. Cro. Eliz. 909. Regularly the
Releaſe of an Infant is void; yet an Infant Execu-
3
for
RE
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•
tor may releaſe a Debt duly paid to him as Execu- Releaſe of all Manner of Actions, difcharges all Real,
tor. Ibid. An Executor before Probate of the Will, Perfonal and mix'd Actions, and Caules of Action
may releaſe a Debt due to the Teltator, because he fubfifting at the Time of the Releafe: And a Re-
hath an abfolute Intereft of the Debt in him. 5 Rep. leafe of all Actions Real or Perfonal, releaſes mix'd
27. 9 Rep. 39. If a Man releafeth, and after taking Actions; but by a Releafe of all Actions Real and
out Adminiftration, this is no Bar to him; by Rea- Perfonal, a Writ of Error is not releafed; nor is it
fon at the Time of the Releaſe made, he had not fo a Bar to an Execution, if the Party is not put to a
much as a Right of Action in him. 5 Rep. 28. A Scire facias; though a Releaſe of all Suits, will be a
Merchant of Ireland entered into a Bond there to Bar to an Execution, except in the Cafe of the King:
one in London, which Bond was afterwards brought A Release of all Actions bars only in civil Actions:
to London, the Obligee died Inteftate in England, and not in Appeal of Death, &c. Litt. 406. I Inft. 285.
his Son obtained Adminiſtration in Ireland, and re- 4 Rep. 63. 8 Rep. 152. Releaſe of all Actions gene-
leaſed the Debt to the Obligor; after this the Widow rally, is better than to fay all Actions Real and
of the Inteftate obtained a Prerogative Adminiftra- Perfonal. 2 Lill. Abr. 437. In Debt for Arrears of
tion here, and fued the Obligor, and recovered not-an Annuity, the Defendant pleads a Releaſe of all
withſtanding the Releafe, the Adminiftration grant- Actions before the Day of Payment; and it was
ed to the Releafor being wrong; for it ought to be held to be an ill Plea, becaufe a Releafe cannot dif
granted where the Bond was, and not where the charge a Duty not then in Being. 1 Inft. 292. Cro
Debt began. Dyer 305. Where there are two joint Eliz. 897. An Annuity, or Rent payable at a Time
Executors, and one alone doth releaſe a Debt due to to come, cannot be diſcharged by a Releaſe of all
the Teftator, before Judgment, this will bar the o- Actions; but one may release the Rent, &c. before
ther Executor; but not if the Releafe is after Judg- the Day, by fpecial Words. Wood's Inft. 278. A Re-
ment. 1 Cro. 648. If divers Perfons join in an Ac-leafe of all Actions, barreth not a Right, if there
tion to recover any Perfonal Thing, of which they be other Means to come at it. 8 Rep. 159. Releaſe
are to have the joint Benefit or Intereft, there the of all Quarrels, Controverfies, &c. amounts to a Re
Releaſe of one of them fhall bar all the Reft; as leafe of all Actions; but if a Man making fuch a
where there are two Plaintiffs in Debt, &c. and one Releafe, be difpoffeffed of his Goods, he may take
of them doth release to the Defendant, this is alſo a his Goods again, though he has released; for fuch a
Bar to the other Plaintiff: But where they are to Releaſe doth not bar the Right; it is the fame in Re
difcharge themfelves of a Perfonal Thing, it is o-leafe of all Actions. 1 Inft. 292. 4 Rep. 63. 11 Rep.
therwife, for if there is Judgment against three, 82. A Releaſe of all Actions will not difcharge a
and they bring a Writ of Error, and the Defen- Covenant before broken; before Breach there is
dant in Error pleads the Releaſe of one of them, not any Duty or Cauſe of A&tion: By a Releaſe of
this is no Bar to the other, because they are all com-all Covenants, a Covenant not broken may be releaſed.
pelled by Law to join in a Writ of Error, which is 1 Rep. 112. 5 Rep. 71. Upon a Bond for Perfor-
brought not to recover any Perfonal Thing, but to mance of Covenants, the Obligee before any Breach
difcharge themselves of a Charge impofed by the releaſes all Covenants, and afterwards a Covenant is
Judgment. 6 Rep. 25. A Defendant being in Exe- broken, the Obligation is not forfeited but difcharg-
cution brought a Writ of Error in B. R. and be- ed. 3 Leon. 105. A Releafe of all Statutes, difcharges
fore the Judgment was affirmed, he obtained a Re-all Statutes; Releaſe of Errors, all Writs of Error,
leaſe of all Actions, Debts, Duties, Executions, &c. &c. 1 Inft. 76. A Defendant pleaded that after a
and afterwards the Judgment was affirmed; and Bond, c. by him given, the Plaintiff releafed to
upon a Scire facias against the Bail, they pleaded him all Errors, and all A&tions, Suits, and Writs of
this Release: It was the Opinion, that both the Debt Error; and upon Demurrer it was infifted that the
and Bail were diſcharged. 2 Bulstr. 231. But before Obligation makes the Duty, and the Release of all
Judgment given against the Principal, there can be Actions fhould be a good Bar; but adjudged that
nothing due from the Bail, to be releafed or barred. this was a fpecial Releafe, and extends only to the
5 Rep. 71. Such a Releaſe before Judgment, is no Errors, and that the Debt on the Bond was not re-
Bar of Execution against the Bail; for here is no leafed. Hetl. 9, 15. 3 Nelf. Abr. 16. By Releaſe of
abfolute, but a contingent Duty. Goldf. 162. Where all Debts, Debts upon Specialties, Executions, &c.
two are bound jointly in a Bond or Obligation, and are difcharged; and by Releaſe of all Actions and
the Obligee releaſes to one of them, this fhall dif-Duties, a Releaſe which was in Queftion was held to
charge the other; and no Relief fhall be had in E-
quity thereupon. I Inft. 232. 1 Cro. 648. A Releaſe
by a Lord to one Jointenant fhall extend to both of
the Jointenants. If two commit a Trefpafs against
a Man, his Releaſe to one of them fhall difcharge
the other; for against joint Trefpaffers there can
be but one Satisfaction. 1 Inft. 232. 2 Roll. Abr. 410.
Hob. 66. And when a Promiſe is of two Parts, a
Releaſe of one Part will be a Releaſe of the other
Part. 1 Inst. 232.
Trover was brought against two,
and one pleads a Releaſe, and the other Not guilty;
the Jury find him Guilty who pleaded Not guilty,
and alfo the Releaſe for the Party, who pleaded it:
The Judgment was thereupon ftay'd, becaufe a Re-
leafe to one joint Trefpaffer is a Releafe to all the
Reft; though they may fever in Pleading, yet one
Jury fhall affefs Damages for all: And the Plaintiff
having joined and made him a Defendant with one
to whom he had releaſed, the Releafe fhall extend to
diſcharge him who pleaded Not guilty. 1 Lill. Abr.
439. In an Affife by two, the Release of one of the
Parties is no Bar for the Lands, nor for the Dama-
which enfue in the Realty. Cro. Eliz. 649. And
ges
a Releaſe of an Action by one Churchwarden is not
good; nor can both of the Churchwardens releaſe to
the Prejudice of the Church. 1 Danu. Abr. 788. A
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be releafed. 1 Inft. 291. Owen 71. A Releaſe of all
Dues or Duties, will releafe perfonal Actions, and Ex-
ecutions; not bar a Writ of Account, there being
nothing certainly due before the Account made: A
Releaſe of all Actions will be a good Bar in Account;
though a Releaſe of all Accounts, fhall be extended
only to Account. 8 Rep. 153. 2 Roll Abr. 404. By
Releaſe of all Advantages, it is faid Actions of Debt
upon Account are difcharged. 8 Rep. 150. Releaſe
of all Judgments, bars a Man from the Fruit and
Effect of any Judgment he hath againſt the Re-
leafee; and if Execution be not taken out, he is
barred of it: Alfo if the Party be in Execution
when this Releaſe is made, he and his Land may be
difcharged by Audita Querela. 1 Inft. 290. By a
Releafe of all Executions, a Perfon bars himself of
the having, or taking out any Execution upon a
Judgment, &c. Litt. Sect. 507. The Releafe of all
Demands is the best Releaſe of all, and the moſt ef.
fe&tual to bar Actions, Rights, &c. and includes in
it most of the others: By this Releafe, all Rights,
and Titles to Lands, Conditions before broken or
after, Contracts, Covenants broken, Rents, Annui
ties and Arrearages of Rents and Annuities, Debts,
Duties, Obligations, Recognizances, Statutes, Judg
ments, Executions, &c. all Manner of Actions Real
8 G
and
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:
+
7
may recover it. Godb. 12. A Man may releaſe Part
of any Debt due by Obligation, and not all. I And.
235. An Acknowledgment under Hand and Seal
that a Debt is fatisfied, is a good Releaſe of the
Debt. 9 Rep. 52. And how a Releafe is to be plead-
ed by the Defendant, &. See 2 Lutw. 1.178. Re-
leafe of Lands, Vide Leafe and Releaſe.
Form of a general Releafe.
NOW all Men by thefe Prefents, That I A. B
of, &c. Have remifed, releaſed, and for ever
and Perfonal, c. are barred and difcharged. Litt. ticular Occafion, that fhall reftrain the Generality
508. 1 Inst. 291. 5 Rep. 71. 8 Rep. 153. Dyer 56. of the Words. 3 Lev. 275. Raym. 399. 2 Mod. 277.
But a Releaſe of all Demands doth not extend to fuch And a general Releafe of all Demands, &c. relating
Writs, where nothing is demanded; as to bar ato a particular Perfon or Thing, fhall not bar by
Writ of Error, to reverse an Outlawry, &c. S Rep. the general Words, but only for that Purpofe.
152. And it hath been refolv'd, that a Releafe be- 2 Lev. 214, 215. 3 Nelf. Abr. 77, 78. If a Bond be
fore any Rent due, of all Demands that the Re-entered into to A. to the Ufe of another; this Bond
leafor had or ſhould have against the Releafee, cannot be releafed by 4. And if an Obligee in
fhall not release the accruing Rent not being then Truft for another releases to the Obligor all Demands,
due. 1 Inst. 291. 1 Lev. 29. 2 Lev. 210. A Re- upon his own Account; this doth not release the Ob-
leaſe of all Demands may difcharge all Rent actually ligation. I Lev. 235, 272. In Debt on a fingle Bill
due, but not the growing Rent afterwards due, and made to W. R. to the Ufe of him and L. R. In this
which is incident to the Reverfion; and if the Re- Cafe L. R. may not releaſe or ſue, becauſe he is not
leafe be pleaded in Bar to the whole Rent, when a Party to the Deed. Ibid. Where A. is bound to
'tis good only for Part, the Plea is ill. 2 Salk. 578. B. and then B. the Obligee reciting the Bond cove-
In Award, that all Suits fhould ceafe, and that the nants not to fue the Obligor, or to fave him barm-
Defendant fhould pay to 7. and the Plaintiff on Pay- lefs; this is an abfolute Releaſe; and if it is to ſave
ment thereof ſhould releaſe all Demands, &c. It was him harmlefs upon a Contingency, then 'tis a con
held, that if the Plaintiff would not receive the ditional Releafe. 2 Salk. 573. If one covenant with
10. becauſe he would not be obliged to releafe, and F. S. that if he will marry his Daughter, then to
the Defendant tendered, and he refufed, the Plain- pay him 100 . and he releafe before Marriage; not-
tiff was as much obliged to releaſe upon the Tender, withſtanding this Releafe, if he marry her after, he
as if he had actually received the Money. Salk.
74, 75. One in Confideration that the Plaintiff had
lent him 197. and affign'd over a Bond to him, and
had promiſed to release him from all Demands; he
promiſed that if the Money was not received upon
the Bond, he would at fuch a Time pay 20%. The
Plaintiff avers all done on his Part, and that the
201. was not paid: And the Defendant pleads the
Releafe; but it was not good, the Releafe being Part
of the Confideration, without making of which the
Plaintiff could not maintain his Action: Alfe it doth
not releaſe what is future. Cro. Fac. 623. 2 Lill. Abr.
439. Releaſe of all Demands doth not avoid Obliquit-claimed; and by thefe Prefents do for me, my Heirs,
gations fubfequent to the Releafe; yet where a Man
is bound in an Obligation to pay 101. at Michaelmas,
a Releaſe of all A&tions and Demands before Michael
mas, will be a good Difcharge. Litt. 512. Not.
withstanding the Plaintiff could not have his Action
till after Michaelmas, it is Debitum in præfenti, and
although folvendum in futuro. Ibid. 5 Rep. 28. If a
Man makes a Releafe of all Demands to the perfonal
Eftate of another, this doth not releafe a Bond; for
a Bond is not a Demand to the perfonal Eftaté be-
fore Judgment and Execution, c. And there is a
Difference between a Releaſe of all Demands to the
Perfon, and the perfonal Eftate. Tel. 214. 2 Salk
A Releafe of all Actions and Demands, in Cafe
of Land, releafes the Right and Entry: The Releafe
of a Right, or of all Demands, gives a Right; but
it fuppofes him who releafes to be out of Poffeffion.
And a Releafe may bar an Action, but give no Right, Relief, (Relevium, Relevatio, from the Lat. Rele-
Fenk. Cent, 202, 268, 16. Releaſe of all Claims, is vare) Is a certain Sum of Money that every Free-
much of the fame Nature, as the Releaſe of all De-hold Tenant being at full Age payeth unto his
mands: But by Releaſe of all Demands, or all Claims, Lord at the Death of his Ancestor, on his Entrance
is not difcharged any Thing whereof a Releafe can- upon or taking Poffeffion of the Inheritance; by
Dot be made. Brigm. 124. 5 Rep. 70. Rights and Payment whereof the Heir relieves, and as it were
Titles of Entry, c. may be releafed; though they raifeth up again his Lands, after they were fallen
can't be granted over: A Duty that refts meerly in down into his Superior's Hands. I Inft. 76. Compl.
Poffibility, and Contingency, may not be releafed be- Cop. Sect. 25. And to. explain this Word; firit, a
fore it happens. Inft. 266. 1 Brownl. 109. Releaſe feudatory or beneficiary Eftate in Lands was granted
1
of all Demands, c. may be to a Time paft, as un- only for Life; and after the Death of the Tenant
til the first of May laft, or the Day of the Date of it returned to the chief Lord, for which Reafon
the Release; and this fhall diſcharge all A&ions till it was called Feudum caducum, viz. fallen to the
that Day, and none after. Dyer 307. 1 Inft. 274. Lord by the Death of his Tenant; afterwards theſe
A Statute was acknowledged 3 Octob. and by a Re- feudatory Eftates being turned into an Inheritance
leaſe dated the 2 Octob. the Cognifee releafed to the by the Affent of the chief Lord, when the Poffeffor
Cognifor all Debts and Demands ufque Confectionem of fuch an Eftate died, it was termed Hereditas ca-
of the Releafe, which was deliver'd the 4th Day; duca, i. e. fallen to the Lord, but to whom the
adjudged that the Statute was difcharged, becaufe Heir having paid a Sum of Money, he did then re-
the Day of the Delivery is Dies Confectionis of the levare Hereditatem caducam out of the Lord's Hands,
Release; and that being after the Statute acknow- and the Money thus paid was denominated a Re-
ledged, it muſt releaſe it; but if it had been a Relief: But this is understood after the Conqueft; for
lease of all Demands, ufque datum of the Release, it in the Time of the Saxons, there were no Reliefs,
had not been released. Dyer 307. Releafe ufque diem but Heriots paid to the Lord at the Death of his
dati of a Bond, &c. excludes the Day whereon Tenant. Blount. We may read in the Laws of Will.
made. 2 Mod. 280. If a Releaſe be made on a par- 1. called the Conqueror, and of King Hen. 1. that
575.
1
Executors and Adminiftrators, remife, releafe, and for
and Adminiftrators, all and all Manner of Action and
ever quit claim unto C. D. of, &c. his Heirs, Executors
Actions, Cause and Causes of Action and Actions, Suits,
Bills, Bonds, Writings, Obligations, Debts, Dues, Duties,
Reckonings, Accounts, Sum and Sums of Money, Fudg-
ments, Executions, Extents, Quarrels, Controverfies, Tref
paffes, Damages and Demands whatsoever, both at Law
and in Equity, or otherwise howsoever, which against him
the faid C. D. I ever had, now have, or which I, my Heirs,
Executors and Administrators, fhall or may have, claim,
challenge or demand, for or by Reafon or Means of any Act,
Matter, Caufe or Thing, from the Beginning of the World
to the Day of the Date of thefe Prefents. In Witnefs, &c.
Relegation, (Relegatio) Signifies a Banishing or
Sending away, for a Time only: As Abjuration is a
Forfwearing the Realm for ever. Co. Litt. 133.
Reliefs
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•
Chriftian Religion, who by Writing or Speaking, deny.
any one of the Perfons in the Holy Trinity, to be
God; or afferting there are more Gods than one ; er
who fhall deny the Chriftian Religion to be true; or
the Old and New Teftament to be writ by divine Au-
Imployment; and being convicted of a fecond Of-
fence, are diſabled to profecure any Action, to be Ex-
ecutor, Guardian, &c. and fubject to Imprisonment
for three Years: But for the first Offence, the Of
fender fhall be diſcharged from Penalties, on renoun-
cing his Errors in open Court. 9 10 W. 3. cap. 32.
If any Perfon fhall come into a Church, Chapel, or
Congregation for Religion, and difturb the fame, or
mifufe the Teacher, he fhall forfeit 201, 1 W. & M.
Religious Houfes, Are Houſes fet apart for the
Ule or Exercife of Religion, and other pious and
charitable Ufes; as Monafteries, Hofpitals, &c.
Purchaſers were often reftrained by Covenant from
giving or alienating it viris Religiofis, to the End the
Land might not fall into Mortmain. Cowcl..
Beligious Diders, For the Qualification of
Clergy. See Ordination.
ed. Stile 175. In Affife the Count was of a Mef-
fuage, and four Acres of Land in B. and the Jury
having a View only of the Land, the Demandant
relinquished his Plaint to the Houfe. Dyer 66. But
on Affife where the Plaint was for Fifty-three Shil
lings and Four Pence Rent, no Part of that Rent
could be relinquished, becauſe a Rent is an entire
Thing. Ibid. 61. In a Writ of Annuity, where the
Jury found the Arrears, but did not affefs Damages
or Cofts, which could never be fupply'd by a Writ
of Enquiry; the Plaintiff was admitted to relinquish
and releafe the Damages, and had Judgment for the
Arrears. 11. Rep. 59.
Reliefs were anciently paid by Earls, Barons, &c. exempted from fubfcribing the 34, 35 and 36th Arti-
yet the Payment was very uncertain, till the Stacles, by 1 W. M. cap. 18. Perfons educated in the
tute of Magna Charta, cap. 3. by which it was made
certain, viz. it was declared to be the fourth Part
of the annual Revenue which was required by Law
to fupport the Dignity of the Perfon; as the Son
of a Knight was to pay for a Relief 5 1. the fourth
Part of 201. per Ann. a Son of a Baron to pay 100thority, are rendered incapable to hold any Office or
Marks, the fourth Part of 4co Marks per Ann. the
Son of an Earl 100%. the fourth. Part of 400l. a
Year; and of a Duke 2001. which is the fourth
Part of 800 1. per Ann. fuch Eftates being at that
Time reputed fufficient to fupport thefe Dignities;
and of others, according to the ancient Cuftom of
Fees. 9 Rep. 122. 3 Nelf, Abr. 79, 81. The Heir of
every Anceſtor who held by Knight Service, was to
pay a Relief; and wherever there was a Title of
Wardſhip, there was likewife a Relief to be paid;
but the Lands must come to the Heir by Difcent,
otherwife no Relief was due; for many Bifhops and
Abbots had Baronies, and yet they paid no Relief, Religious Men, (Religiofi) Such as enter into
becauſe they came in by Succeffion, not by Difcent. fome Monaftery or Convent, there to live devout-
Ibid. A Relief may be due by Tenure; as for In-ly: And in ancient Deeds of Sale of Land, the
ſtance; a Man may hold Land of A. B. as of fuch
a Manor by Rent, and a cuftomary Relief of one
Year's Value, &c. 3 Bulft. 323. And there is Relief
Service, and Relief Custom: The Relief Service is
that which is paid upon the Death of any Free
holder: And Relief-Cuftom is that which is paid on Belinquishment, Is a forfaking, abandoning, or
the Death or Alienation of a Freeholder, according giving over. It hath been adjudged, that a Perfon
to the Cuſtom of the Place. Coke's Compl. Cop. Sect. may relinquish an ill Demand in a Declaration, &c.
25. 1 Inft. 83. But Reliefs are more properly di-and have Judgment for that which is well demand-
vided into a Relief at the Common Law, and by
Cuftom; a Relief being no Service, but an Incident
to and the Fruit of it. 2 Lill. Abr. 440. 3. Rep. 60
Reliefs are paid by Freeholders only: In many
Places, the Relief is Half a Year's or a Year's Rent
and Profit of the Land; and in fome, double the
Rent of that Year; and for this the Lord may
diftrain, but cannot have an A&tion of Debt, tho'
his Executors or Adminiftrators may bring an Ac-
tion of Debt for it, and cannot diſtrain. 1 Inft. 83.
And Debt lies by an Executor against an Executor
of an Heir, who was to pay a Relief. Cro. Eliz. S83.
Acceptance of the Rent of a new Tenant, is no Bar
of a Relief due from a former Tenant. Cro. Eliz. 886.
3 Rep. 66. Moor 643. And an Avowry for a Relief is
good, without fhewing particularly how due; becaufe
a Relief is incident to every Tenure de communi jure,
though it is not Parcel of it; and if feparated, muft be
fhewn on the other Side. 3 Lev. 145. See Latch 37, 129.
Beligion, (Religio, à religando) Signifieth Piety,
Devotion, and the Worship of God: And there
are many Temporal Laws, made for the Support Bemainder, (Remanentia) Is an Eftate limited in
of Religion. The Law hath fo tender a Regard Lands or Tenements, to be enjoyed after the Eſtate
for the Interests of the King and of Religion, that of ano her expired; as if one grant Lands for
an Indi&ment will lie for doing any Thing which Term of Years, or Life, and afterwards the fame
plainly appears immediately to tend to the Preju-to remain to another Perfon, and his Heirs. Bract.
dice of either of them; and be good, though it do lib. 2. cap. 23. 2 Lill. Abr. 441. It is alfo defined
not exprefly complain of it as a common Grievance to be the Refidue of an Estate in Land, depending
I Hawk. P. C. 198. Offences tending to fubvert all upon a particular Eftate, and created together with
Religion and Morality, which are the Foundation the fame; and if a Man feifed in Fee, lets Lands
of Government, are punishable by the temporal or Tenements for Years, the Remainder over to an-
Judges by Fine and Impriſonment, and alſo ſuch other for Life, in Tail, or in Fee; here is firſt a
corporal Punishment as the Court in Difcretion particular Eftate for Years, created out of a Fee,
fhall think fit; and feditious. Words, in Derogation and afterwards the Refidue difpofed of, which we
of the established Religion, are indictable, as tending call a Remainder; though the particular Eftate, and
to a Breach of the Peace. Ibid. 7. So alfo prophane all the Remainders, make but one Eftate in Law.
Scoffing of the Scripture; Impoftures in Religion, Inft. 49, 143. Plowd. 25, 35. And where it de-
&c. By Statute, no Perfon in Authority to exe-pends upon a Leafe for Life or Years, Livery is to
cute Spiritual Jurifdiction, has Power to adjudge be made on the Leafe, or the Remainder will not
any Matters of Religion to be Herefy, but fuch as pafs. Ibid. Remainders and Reverfions are fo called,
have been ſo adjudged by Canonical Scripture, by
one or more of the General Councils, or fhall be
adjudged by the Parliament with the Affent of the
Convocation. I Eliz. cap. 1. The 13 Eliz. eſtabliſhes
the Thirty-nine Artticles of Religion, to be fubfcribed
by the Clergy, &c. But Proteftant Diffenters are
Beliques, (Reliquia) Are fome Remainders, fuch
as the Bones, &c. of Saints that are dead, preferved
by Perfons. living, with great Veneration, as ſa-
cred Memorials of them: They are forbidden to be
ufed or brought into England, by feveral Statutes;
and Juftices of Peace are empowered to ſearch.
Houles for popifh Books and Reliques, which when
found are to be defaced and burnt, &c. 3 Fac. 1. c. 26.
because they are Eftates in Expectancy only; they
are a prefent Intereft, yet ftand in a Degree re-
moved from the Poffeffion till the particular Eftate
is determined: And as by a Reverfion, after the
appointed Term, the Eftate returns, to the Donor
or his Heirs; fo by a Remainder, it goes to fome third
Perfon
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Fine to the Ufe of himself for Life, and afterwards.
to the Ufe of his two Daughters, till his Son re-
turned from beyond Sca, or came of Age, or died,
which fhould firft happen; and then Remainder to
his Son, &c. This was a good Remainder, and did
not depend upon any Uncertainty, becaufe though
his Returning or Coming of Age was incertain, yet
his Death is certain.
his Death is certain. Cro. Eliz. 269. If a Perfon
hath a Son nine Years old, and make a Leafe till
his Son come of full Age; and after that, that it
fhall remain to another in Fee: If he live to his
Age, it will be a good Remainder; and otherwiſe
nor. 3 Rep. 20.
Perfon or a Stranger. Wood's Inft. 152. Spelm. If
a Man make a Leafe for Life, with Remainder to
his Heirs, or Remainder to himself, and his Heirs,
or to himſelf and the Heirs of his Body, the Re-
mainder is void, and his Eftate is not altered: But
it is otherwife if he convey the Land by Way of
Ufe, with fuch Limitation; and if he make a Feoff
ment to the Uſe of himself for Life, Remainder to
the Heirs Male of his Body; this is an Entail ex-
ecuted in him; and fo it is if he covenant to and
feifed in the fame Manner. 1 Ventr. 378. 1 Mod.
159. 3 Salk 292. A Leafe was made for Life, and
A. feifed of Lands makes a Leafe
afterwards the Leffor reciting that Leafe, demifed
the Remainder to another; Habendum the faid Remain- for Years to B. Remainder in Tail to C. and Re-
der, after the Determaination of the firft Leafe, for mainder to the right Heirs of B. In this Cafe B.
twenty Years; and it was held, that the Reverfion hath nothing in the Fee: It is a contingent Remain-
did pass by the Name of the Remainder: And if a der to the Heirs of B. and if C. dies without Iffue in
Man grants Lands to another Perfon, and to the B.'s Life-time, the Remainder is void; for B. during
Heirs of his Body; and for Want of fuch Iffue, that his Life cannot have an Heir. Fenk. Cent. 248. If
the Lands fhall revert to the Grantor; by thefe a Leafe be made for Years, the Remainder to the
Words the Remainder doth pass. Dyer 46. 3 Nelf. right Heirs of 7. S. who is then living; this Remain-
Abr. 90. And a Leffor by Deed reciting that A. B. der is not good: But if it be a Leafe for Life, with
held a Cloſe of him at Will, granted the fame fuch a Remainder, it may be good. Plowd. S3. 1 Rep.
Cloſe to him for Life, rendring Rent to the Leffor, 132, 136. A Leaſe is for Life, with Condition that
and by the fame Deed granted the Reverfion to an- if the Leffee die, it fhall remain over : Or if Lands
other in Fee; adjudged that A. B. had an Eftate be given to A. and B. fo long as they live jointly
for Life by way of Confirmation, and that the other together, the Remainder to the right Heirs of him
had a good Eſtate in Remainder, but not in Rever- that dieth firtt; thefe are good Remainders. Plowd.
verfion. 1 And. 23. Though an Eftate at Will is not 25. 1 Inft. 378. A Remainder to the Wife one ſhall
fuch a particular Eftate, whereon a Remainder may marry, and that ſhall ſurvive him, is a void Re-
depend. Wood 150. In Decds, by limited Remain-mainder: Bur where a Leafe was made to Husband
ders, the Reverfion may pafs: There being a Grand-and Wife for their Lives, Remainder to the Heirs of
father, Father, and Son, &c. the Grandfather le- the Survivor; it was held a good Remainder notwith-
vied a Fine to the Ufe of himself for Life, Remain-Itanding the Incertainty, and that the Husband af
der to the Father in Tail, and Remainder to the ter her Death fhould recover the Land. Moor Ca.
right Heirs of the Grandfather; here the Grandfa- 750. Godb. 139. If an Eftate be made to one and
ther had an Estate in Fee, expectant upon the De- his Heirs, during the Life of W. R. this is a good
termination of the Eftate-tail, as a Reversion, and precedent Eftate on which to limit a Remainder :
nor in Remainder. 2 Rep. 91. And a Feoffment was And fome Remainders may be good, although the E-
made in Fee by a Man to the Ufe of himself for ftates preceding be void and never take Effect. A
Life, Remainder over to the Ufe of 4. B. for Life, Ufe was to a Man's felf for Life, the Remainder to
Remainder to the right Heirs of the Feoffor; and it his Executors for Years, Remainder in Tail, and he
was refolved, that the Fee-fimple was in the Feof-made no Executor; yet it was adjudged, that the
for in the Nature of a Reverfion, not of a Remain- Remainder in Tail was good. Finch 133. Moor Ca.
der to his Heirs, as it proceeded from himself, and 686, 244. Where a Leafe is granted to a Man du-
was his own A&. 1 And. 256. 3 Nelf. Abr. 90. The ring Life, with Remainder to another, and the Lef
following Rules are to be obferved, in the Creation fee for Life wave his Eftate; the Remainder will be
of Remainders: There must be a particular Eftate void. 1 Rep. 110. Though where an Eftate could
precedent made at the fame Time, that the Remain-not be waved, becaufe of the Prejudice of the Re-
der may depend upon it; and the particular Eftate
must continue till the Remainder fhall veft; the
Remainder is to commence in Poffeffion, at the very
Time the particular Eftate ends, for there mut
not be a Mean between; and pafs out of the Lef
for executed or executory at the Time of the Pof-
feffion taken by the particular Tenant; but it can-
not depend upon a Matter ex poft facto: Alſo a Re-lives fo long, Remainder to his first, fecond, or third
mainder may depend upon a Condition, that is not Son, &c. this Remainder is not good, for Want of a
repugnant or against Law, and then it will pafs ei- Freehold to fupport the fame; a Freehold being ne-
ther executed or executory; the Perfon to whom ceffary to fupport every contingent Remainder; and it
the Remainder is limited, is to be capable of it at is against the Rules of Law that fuch a Remainder
the Time it was created, or by common Poffibility can be fupported by a Term for Years, or by any
2 Lill. 446. Moor
during the particular Eftate; and the Thing where- Thing less than a Freehold.
of a Remainder fhall be created, must be in effe be- 486, 718. 4 Mod. 54. 2 Salk. 679. One may make
fore and at the Time of the Appointment and Cre-a Leafe for Years to one, fo long as he fhall live of
ation thereof. 1 Rep. 66, 129, 130. 2 Rep. 51. 3 thofe Years; Remainder to another for the Reft of
Rep. 20. 2 Inft. 378. Noy's Max. 31. But in fome the Years: But he cannot give a Term for Years to
Cafes, there may be a Remainder, without a particu- one for Life; and after the Expiration of the faid
2 Roll.
lar Eftate in effe to fupport it; as in the Cafe of an Term, Remainder to another.
1 Rep. 153.
Ufc in Remainder, by the Statute of Ufes. 2 Lill. Abr. 415. Though in a Devife, or Laft Will and
Abr. 443. And if the Remainders are limited by a Teftament, a Leafe for Years may be given to one
Devile, they are good without a particular Eftate; for Life, or fo long as he fhall live; and after to
though not where the Eftate paffes by Livery and another during the Refidue of the Term. 8 Rep.
Seifin; for when the particular Eftate is defeated, 94. 10 Rep. 47. 1 Roll. Abr. 610. A Rent may be
the Livery is gone, and all the Eftates which de- deviſed to one for Life, with Remainder over. 2 Šalk.
pend upon it. Dyer 126. Plowd. 403. A Remainder 577. All contingent Remainders before the Statute
must be created with the particular Eftate, and be 10 11 W. 3. were to be fupported by particular
limited for a certain Eftate: A Cognifor levied a Eftates for Life, &c. and to veft either during fuch
mainder. See Fenk. Cent. 334. If a Leffor diffeife
his Tenant for Life, and after make a new Leafe to
him, with a Remainder over; the Remainder ſhall be
void; for the Leffce for Life is in of his first Eftate,
and the laft Eftate for Life which was the Founda-
tion is gone. Plowd. 25. A Perfon conveys Lands
to the Ufe of himfelf for ninety-nine Years, if he
Eftares,
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7
Eſtates, or at that very Inftant when the particular ed: It was adjudged, that whether the Son was
Eftates were determined: For if thofe Eftates were born before or after the Attainder, the contingent
determined, before the Contingencies happened, Remainder to him was not difcharged by the Vefting
then the Remainders were void. Tenant for Life, of the Eftate in the Crown, during the Life of the
made a Feoffment of his Eftate, the contingent Re- Father; becauſe of the intermediate Eftate to the
mainder was deſtroyed; but not if the Tenant had Wife for Life, which fupported the Remainder:
been diffeifed, becauſe there the particular Eftate 2 Salk. 576. Ruled by Hale Chief Juftice, that
remains in Right, and may be reveſted; fo that where W. R. is Tenant for Life, Remainder to R. R.
the Remainder is good. 3 Nelf. Abr. 84. Rep. 66, for Life, Remainder to C. W. for Life, Remainder to
67. 'Tis held that a Right of Action, will not L. L. and the Heirs of his Body: If W. R. and R. R.
fupport a contingent Remainder; but a prefent Right join in a Fine, the Right of Entry of C. W. pre-
of Entry will.. If there be Tenant for Life with ferves the contingent Eſtate over: And if there be
a, contingent Remainder, and he makes a Feoffment Tenant for Life, Remainder to his firft, fecond and
in Fee upon Condition; here if the Contingency third Sons, the like Remainder to others, and their
happens before the Condition is broken, it is gone Sons, &c. one of which hath Iffue a Son, and then
and deſtroyed; But if before the happening of the he and the others join in a Fine to Tenant for Life,
Contingency, the Tenant for Life enters for the who after makes a Feoffment; by this the Re-
Condition broken, the contingent Remainder fhall mainders are not deſtroyed, as there is a Son, of one
be revived; and the Contingency, if it happen, of the Remainder Men born, who has a Right of
will then veft. 1 Ld. Raym. 314, 316. A. Teftator Entry left in him, which will fupport the Remain-
being ſeiſed of Lands deviſed them to H. his Ne-ders. I Mod. 92. Contingent Remainders are where
phew, eldeſt Son of his Brother R. L. for Life, the Eftate is to take Place upon an uncertain E-
Remainder to his first Son in Tail, Remainder to R. vent; and are prefented by making a Feoffment,
the ſecond Son of R. L. with feveral Remainders &c. to the Ufe of A. B. for Life, Remainder to the
over: H. entered by Virtue of this Devife, and Ufe of the Feoffees, for the Life of A. B. and fo
died before his Son was born, leaving his Wife on for the contingent Remainders, when he that
with Child of a Son, and R. the fecond Son of R. bath the firft Eftate cannot deftroy the Remainder
entered as in Remainder, and about fix Months after- 1 Ventr. 189. 10 Rep. 85. A contingent Remainder
wards the Son of H. was born; and adjudged, that doth not depend upon a Reverfion, which comes
this being a contingent Remainder to that Son, who after; but upon the Eftate, which precedes it:
was not born when his Father, who had the parti- And may be deftroyed by levying a Fine, fuffering
cular Eftate for Life, died, it was therefore void; a Recovery, or otherwife deftroying the particular
and R. being the next in Remainder, and entering Eltate upon which the contingent Eftate depends,
before the Son of H. was born, it was vefted in him before the Contingency happens. 2 Lill. 446. Alſo
by Purchaſe; this Judgment was affirmed upon a where the particular Eftate is drowned in the Re-
Writ of Error in B. R. But it was reverfed in the verfion, the contingent Remainder depending upon
Houſe of Lords, for it being a Cafe ariſing upon a it is gone. 2 Saund. 382. If Feoffees, who have
Will, it shall be conftrued according to Equity, only an Eftate during the Life of a Son, &c. where
and agreeable to the Intention of the Teftator, divers Remainders are limited over, make a Feoff-
which could never be to difinherit the Heir of his ment in Fee to him; by the Feoffment all the fu-
Family, upon fuch a Nicety in the Law. 4 Mod. ture Remainders are deftroyed, becauſe the Estate
282. And becauſe fuch Cafes might often happen, for Life on which they were fupported, was forfeit-
it was enacted by the 10 & 11 W. 3. cap. 16. That ed by it. 1 Rep. 120. Land was deviſed to the Fa-
where any Eftate is limited in Remainder, to the ther for Life, Remainder to the next Heir Male of
Sons or Daughters of any Perfon, with Remainders the Father, and to the Heirs Males of his Body ;
over to others, and a Son fhall be born after the the Father made a Feoffment with Warranty; and
Deceaſe of his Father, fuch Son fhall take in the it was held, that by the Feoffment of the Tenant
fame Manner as if born in the Life-time of his Fa-for Life, the Remainder was destroyed; for the par-
ther; although no Eftate is limited to Truſtees af- ticular Eftate for Life being determined by the
ter the Father's Deccafe, to preferve fuch contin- Feoffment, by Confequence he in Remainder ought
gent Remainder to fuch after-born Son, &c. A Per- to enter for the Forfeiture; and here the immediate
fon not in effe at firft may take a Remainder by Way Remainder being limited to the next Heir Male, he
of Purchaſe, if he be in effe before the particular could not enter as fuch, as he cannot be Heir
Estate ends; and it is here faid, that the Remainder whilft his Father is living. i Rep. 66. It has been
fhall be in Abeyance, until the Birth of the Child. adjudged, that if an Estate be devised to A. for
2. Lill, Abr. 404. A Feoffment was made to the Ufe Life, the Remainder to the right Heirs of B. In
of Husband and Wife for their Lives, Remainder to that Cafe, if A. dies in B.'s Life-time, this being
the firſt Son in Tail, Remainder to the Husband and a contingent Remainder is void; for that the Fee
Wife, and to the Heirs of their two Bodies, they does not defcend during the Life of B. to fup-
having then no Son: In this Cafe, the Husband and port fuch Remainder. 2 Peera Will. 511. There are
Wife are Tenants in Tail; but when a Son is born, crofs Remainders in Wills and Deeds; as where the
then the Eltate is opened again, and they are Te- Teftator devifeth an Eftate to two Perfons, and that
nants for Life, Remainder to the Son in Tail, Re- each fhall be the other's Heir, &c. but fuch croſs
mainder to them in Tail; and the Reafon is, becauſe Remainders are feldom or never allowed by Impli-
all theſe Eſtates were created by one and the fame cation: And though they are permitted between
Conveyance; wherefore the Remainder fhall veft in two Perfons, they are rarely amongst three or more;
the Husband and Wife 'till the Contingency hap-unless it plainly appears by the Will, that the Teſta-
pens, when the Eſtates ſhall be open and disjoined,tor fo intended. 2 Roll. Rep. 281. 3 Nelf. Abr. 98.
to let in the contingent Remainder to the Son, which If a Man devife one Acre of Land to 4. the eldest
before were united in the Husband and Wife: But Son, and the Heirs Males of his Body, another A-
where the Remainder in effe comes to the particular cre to B. the fecond Son in like Manner, and ano-
Eftate by any Means whatſoever, after the original ther Acre to C. the third Son in the fame Manner;
Conveyance, it is otherwife. I Inft. 28. 2 Saund. and if they all die without Iffue of their or any of
385. Tenant for Life, with Remainder to his Wife their Bodies, or either of them, Remainder over;
for Life, Remainder to his firft and fecond Son, c.here are cross Remainders among all the three Sons,
in Tail, Remainder to the right Heirs of the Tenant by reafon of the Words or any of their Bodies, &c.
for Life, who afterwards committed Treafon, and Dyer 303. 1 Ventr. 224. Three Things one fhall
then his Son was born, and the Father was attaint-have by Remainder, by Conveyance at the Com-
SH
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1
Bemanentes, Remanfi, Are Words ufed to fignify
As de hominibus five Tenentibus
qui huic manerio remanfi funt. Domelday.
Remanet in Cuftodia, Entry of an A&tion in
the Marshal's Book, by reman. Cuftod. where a Man
is actually in Cuftody, is a good Commencement of
an Action in B. R. 3 Salk. 150.
mon Law: A Remainder vested; Poffeffion in Law; a Claim, and then to pass the Remainder. 2 Rep. 54.
and Poffeffion in Fact. Plowd. 25. 2 Lill. 445. AA Remainder limited after an Eftate which is void,
Man makes a Conveyance to the Ufe of himſelf for is alfo void: And where a Limitation is impoffible
Life, Remainder to the eldeſt Child; he hath Iffue and void, all the Remainders alfo are void. 1 Saund.
a Daughter, and afterwards a Son; as foon as the 150. 2 Lev. 157. One that takes an Eftate by way
Daughter is born, the Remainder is veſted in her, of Remainder muft not be a Party to the Deed:
and ſhall not be devefted by the Birth of the Son. For a Remainder-Man may take though, he is not a
z Leon. 219. In a Limitation of a Remainder, the Party to the Conveyance; but not prefent Eſtates.
2 Lil. 444. The moſt proper Word
Word Puer may be conftrued either a Son or Daugh- Cro. Eliz. 10.
ter; but in a Family Settlement it fhall be intend-to create an Eftate in Remainder, is the Word Re-
ed a Son, where the Sons are always preferred: And mainder itself; though it may be made and created
where a Tenant in Tail fuffered a Recovery to U-by other Words. Bro. Remaind. Plowd. 134, 159.
ſes, with Remainder Seniori Filio of his Body in Tail, And the Tenant for Life and Remainder-Man in Fee,
c. and afterwards the fame Perfon and his Wife having only one Eftate; therefore the Execution
levied a Fine to Ufes, Remainder to the eldeſt Child of the one's Eftate may be that of the other: And
of the Husband, Remainder over; after which the hence it is, that which is done by, or to one of
Husband had Iffue a Daughter, and a Son after that, them, in many Cafes fhall bind and advantage the
I Cro: 504,
and then the Father died; adjudged that the Son other; as in Cafe of a Releaſe, &c.
fhall have the Land, and not the Daughter, by rea-3 Shep. Abr. 221. If any Perfons, for whofe Lives
fon of the fift Limitation. Bendl. 29. Dyer 337. any Eftates are granted, be abfent abroad, and no
If a Remainder be Seniori puero in Tail, it shall be Proof made of their being living, they fhall be ac-
intended a Son, and not a Daughter, who fhall encounted as dead; and thoſe in Remainder may move
joy the Land. Owen 64. T. P. being feifed of Land the Lord Chancellor to order Perfons to be produ-
which defcended to him as Heir on the Part of his ced, or enter, c. Stat 19 Car. 2. and 6 Ann. See
Mother, levied a Fine thereof to A. and B. to the Executory Devife and Recovery.
Uſe of them and their Heirs, in order to make them
Tenants of the Precipe; upon which a common Re-belonging to
covery was had, and the Ufes declared to the faid
T. P. for Life, Remainder to his Wife for Life, Re-
mainder to his firft and fecond fon, &c. in Tail,
with Remainder to his own right Heirs, afterwards
T. P. and his wife died without Iffue; and in Eject
Remedy, (Remedium) Is the Action or Means.
ment the Queftion was, whether this Limitation of
the Remainder to the right Heirs of T. P. did create given by Law, for the Recovery of a Right; and
a new Estate in him defcendible to the Heirs gene-whenever the Law giveth any Thing, it gives a Re-
ral; but it was refolved, that the Remainder hallmedy for the fame: There is a Maxim, Lex femper
be to the Heirs of T. P. on the Part of his Mo-dabit Rémedium. Stúd. Compan. 177, 179. Remedies
ther, according to the ancient Eftate and Ufe are favourably extended, and fometimes to be had
which he had before the Fine and Recovery, as it without Action or applying to the Courts of Juftice,
did arife immediately out of the Estate which viz. by Accord and Agreement of the Parties; by Ar-
moved from him. 2 Salk. 590. A Remainder may bitrament; Retaking Goods wrongfully taken away;
not be limited after a Fec-fimple; becauſe the taking Diftreffes for Rent; Entry on Lands, to regain
whole Eftate is in the Grantee, &c. and one. Fee- Poffeffion, &c. Wood's Inft. 528, 529, 530.
Bemembrancers, (Rememoratores) Formerly cal-
fimple cannot remain upon another. 1 Plowd. 29.
Raym. 29. Tenant in Tail cannot limit a Remain-led Clerks of the Remembrance, are Officers of the
der over by Deed; for an Eftate for his own Life, Exchequer, of which there are Three, diftinguiſh-
is as long as he can grant: But where, there is an ed by the Names of the King's Remembrancer, the
Eftate-tail, with Condition, that if the Tenant in Lord Treasurer's Remembrancer, and the Remembrancer
Tail aliens in Fee, Fee-tail, &c. then the Eftate to of First Fruits: Upon whofe Charge it lies, to put
ceafe, and the Land to remain to another; this is the Lord Treaſurer and the Juftices of that Court
a void Remainder; the Alienation vefts the Eftate in Remembrance of fuch Things as are to be called
in the Alienee, or the Donor. 2 Rep. 52. I Luta. upon and dealt in for the King's Behoof and Benefit.
832. Wood's Inft. 150. A Provifo will not make a The King's Remembrancer cnters in his Office all
Remainder; but it may determine it. A. leafed to Recognizances taken before the Barons for any of
B. for Life, Remainder to C. Provided that if A. the King's Debts, for Appearances, &c. and he
had a Son who fhould live to fuch an Age, then takes all Bonds for fuch Debts, and makes out Pro-
the Eftate fhould remain to his Son in Tail; he cefs for the Breach of them; alſo he writes Proceſs
had ſuch a Son, and it was held that he ſhould not against the Collectors of Cuſtoms, Subfidies, Ex-
have the Eſtate. Cro. Eliz. 360. 2 Lill. Abr. 444. cife, and other publick Payments for their Ac-
But vide Plowd. 25. He in Remainder of an Eftate counts: All Informations upon penal Statutes are
véfted, may grant, or devife the fame; and if one entered and fued in his Office; and he makes the
in Remainder makes a Leafe to commence at a Day Bills of Compofition on penal Laws, and takes the
to come, and afterwards grants his Eftate in Re Stallment of Debrs: And all Matters upon English
mainder to another, it fhall be charged with this Bills in the Exchequer-Chamber remain in the
Leafe in the Hands of the Grantee, although the Office of this Remembrancer. He has delivered into
Lands were never in the Poffeffion of the Grantor.bis Office the Indentures, Fines, and other Eviden-
3 Nelf. Abr. 92. Action of the Cafe lies for him ces, that concern the Paffing any Lands to or from
in Remainder against the Copyholder for Life com-the King. In Craftino animarum yearly he reads in
mitting Wafte, &c. 3 Lev. 130. A Perfon in Re-Court the Oath of all the Officers of the Court,
mainder may have a Writ of Intrufion, if any do when they are admitted. Writs of Prerogative or
intrude after the Death of Tenant for Life: And Privilege, for Officers and Minifters of the Court
the Writ Ex gravi Querela lies to execute a Devife are made out by him, and fo Commiffions of Nifi
in Remainder, after the Death of Tenant in Tail, Prius, by the King's Warrant, on Trial of any Mat
without Iffue. Nat. Br. 441, 453. An Entry is re-ters within his Office at the Affifes in the Country;
quifite to avoid a Remainder for Life: And a Claim
of a Remainder by Force of a Condition, must be
upon the Land. 2 Rep. 53. A Bargain and Sale
made off from the Land, is not fufficient to make
1
he hath the Entring of Judgments, of Pleas, &c.
And all Differences touching Irregularities in Pro-
ceedings fhall be determined by the King's Remem-
brancer; who is to fettle the fame, if he can, and
give
3..
RE
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give Cofts where he fhall find the Fault; but if not, | ever. Terms de Ley 519. Lands are given to a Man
the Court is to determine it, c. By Order of and his Wife, and the Heirs of their two Bodies;
Court, his Majefty's Remembrancer, or his Deputy, and after the Husband aliens the Land in Fee, and
are diligently to attend in Court, and to give an then takes back an Estate to him, and to his Wife
Account touching any Proceedings as they fhall be for their Lives; here they will be both of them re-
required; and they enter the Rules and Orders of mitted: But if he take an Etate again to himſelf
the Court. The Treasurer's Remembrancer iffues out for Life; Remitter will not be allowed against his
Procefs of Fieri facias and Extents, for Debts to the own Alienation.. 1 Inft. 354. When the Entry of a
King; and againſt Sheriffs, Efcheators, &c. not ac- Perfon is lawful, and he takes an Estate in the Land
counting, he takes the Accounts of all Sheriffs, and for Life; or in. Fee, &c. (except it be by Matter of
makes the Record, whereby it appears, whether Record, or otherwife to conclude or eftop him) he
Sheriffs and other Accountants pay their Profers due fhall be remitted. 1 Inft. 363. And a Remitter to
at Eafter and Michaelmas; and he makes another one in Poffeffion, may be a Remitter to another in
Record, whether Sheriffs and other Accountants Remainder; if the Remainder be not bound,
keep their Days prefixed: There are alfo brought which eftops it. Cro. Car. 145. If there be Tenant
into his Office all the Accounts of Cuſtomers, in Tail, Remainder in Fee to A. B. and the Te-
Controllers, and Accountants, to make Entry nant in Tail difcontinueth, and takes back an E-
thereof on Record. All Eftreats of Fines, Iffues and ftate in Fee; and then devifes the Lands to his
Amerciaments, fer in any of the Courts at Westmin-Wife for Life, with Remainder to W. R. for Years,
fter, or at the Affifes or Seffions, are certified into
his Office; and by him delivered to the Clerk of
the Eftreats to make out Procefs upon them; and
he may iffue Proceffes for Discovery of Tenures;
and all fuch Revenue as is due to the Crown by
Reafon thereof, &c. The Remembrancer of the First
Fruits, his Office is to take all Compofitions, and
Bonds for the Payment of the Firft- Fruits and
Tenths; and he makes Proceſs againſt all fuch Fer-
fons as do not pay the fame. Stat. 35 Eliz. cap. 5.
5 R. 2. c. cap. 14. 37 Ed. 3. cap. 4.
·
Remainder to the fame A. B. in Fee, and dies,
and his Wife enters and dies: It has been held,
that he in Remainder in Fee may enter and avoid
the Term for Years to W. R. becauſe he is remitted
to his firft Remainder in Fee; and a Remitter a-
voids a Leafe for Years, without Entry. Noy 48.
A Father was Tenant for Life, Remainder to his
Son for Life, Remainder to the right Heirs of the
Body of the Father; he and his Son conveyed the
Lands to the Uncle in Fee, who died without Iffue,
fo that the Son who was Heir in Tail to the Father,
was now Heir at Law to the Uncle, and the Fee
defcended on him; the Wife of the Uncle brought
Dower, but the Son being remitted to his former E-
ftate, no Dower accrued to the Wife, for the Eftate
of which the claims Dower is gone.
I Leon. 37.
เ
Bemitter, (From the Lat. Remittere, to reftore
or ſend back) Is where a Man hath two Rights or
Titles to Land, and he comes to the Land by the
laft Title, but that proving defective, he is restored
to and judged in by Force of his elder or furer
Title, by Operation of Law. Litt. 659. 1 Inft. 347.9 Rep. 136. Lands were purchafed by a Man, and
The Reafon of this Invention of the Law, is in fettled upon himſelf and his Wife in Tail, and they.
Favour of Right; and that Title which is firft and had Iffue two Sons; then he made a Feoffment to
moſt ancient, îs always preferred. Dyer 68. Finch's the Ufe of himſelf for Life, Remainder to the
Law 119. In Remitters to restore Rights, the firft Wife for Life, Remainder in Fee to his fecond Son:
Intereft that works fuch Remitter, muſt be a Right, The Wife after his Death entered, and made a
and not a Title of Entry; and there can be no Feoffment to the Iffue of the fecond Son; and then
Remitter before an Entry. Inft. 348. 2 Bulft. 29. the cldest Son entered for a Forfeiture, upon the
It is a Rule, that Remitter fhall not be, where Stat. 11 H. 7. cap. 20. and it was adjudged a For-
there is not both an Action and a Right, with a feiture, by Reafon the Wife having two Titles, one
Difcent of the Poffeffion of the Estate to the fame as Tenant in Tail, and the other as Tenant for Life,
Party that is to be remitted: Nor may it be, when by her Entry fhe is remitted to her Eftate for Life,
the Party comes to his laft Title by his own Wrong, fo that the Feoffment made by her is a Forfeiture
or any Folly of his own; or on a void Eftate. of her Eftate. Sid. 63. 3 Nelf. Abr. 100. If Land
1 Inft. 347, 353. If Land defcend to him, that be given to a Woman in Tail, the Remainder to
has Right to it before, he fhall be remitted to his another and a Third in Tail, Remainder to a
better and more ancient Title, if he will: And a Fourth in Fee; the Feme takes Husband and he
Remitter must be to a precedent Right; for regu- Difcontinues the Lands in Fee, and after an Estate
larly to every Remitter, there are two Incidents, is made to the Husband and Wife for their Lives,
viz. an ancient Right, and a defeaſible Eftate of or other Eftate: This is a Remitter to all them in
Freehold coming together. Doct. Stud. cap. 9. Remainder, and if fhe die without Iffue, they may
Wood's Inft. 528. Tenant in Tail makes a Feoff- enter; and fo it is of them that have the Reverfion
ment in Fee upon Condition, and dieth, and his after fuch Entails. Litt. Sect. 673. Where a Perfon
Iffue being within Age enters for the Condition lets Land for Term of Life to another, who grant-
broken by Virtue of the Feoffnient; he fhall be eth it away in Fee; if the Alience make an Eſtate
firft in as Tenant in Fee-fimple, and be remitted as to the Leffor, it will be a Remitter to him, becauſe
Heir to his Father: But if the Heir be of Age, he his Entry is lawful. Ibid. 694. If one be Diffeifed,
hall not be remitted; but is to bring his Writ of and the Diffeifor makes a Feoffment to the Diffeifee;
Formedon against the Feoffee. 1 Inft. 202, 349. And in this Cafe the Diffeifee may be remitted to his
if Tenant in Tail infcoff his Son or Heir apparent, elder Title, or he may chofe to take by the Feoff-
who is within Age, and after dies, that is a Remitter ment; and if it be with Warranty, he may if he
to the Heir Though if he were of full Age at the will make Ufe of the Warranty. 1 Ĥ. 7. 20. 3 Shep.
Time of ſuch Feoffment, it is no Remitter, becauſe Abr. 237. Tenant in Tail, hath two Sons, and he
it was his Folly, that he being of full Age would take leafes the Land entailed to his elder Son for Life,
fuch a Feoffment. Litt. 665. If a Husband alien the Remainder to his youngest Son; it is no Re-
Lands that he hath in Right of his Wife, and after mitter to the eldeft: But if he die without Iffue of
take an Eftate again to him and his Wife for their his Body, the youngest Son fhall be remitted. Litt.
Lives, this is a Remitter to the Wife, for the Alie- 682. If Tenant in Tail make a Fcoffment to the
nation is the A&t of the Husband, and not of the Ufe of himſelf and his Heirs, he fhall not be
Woman; yet if the Alienation be by Fine in a Court remitted; but his Iffue fhall. 3 Nelf. 100. On Re-
of Record, fuch a Taking again afterwards to the mitter of Iffue in Tail, Leafes and other Charges on
Husband and Wife, fhall not make the Wife to be the Lands are avoided. Litt. 659, 660.
in her Remitter, ſhe being excluded by the Fine for
Bemittitur,
RE
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>
Remittitur, Entry of in B. R. on a Writ of Error's
abating in the Exchequer Chamber, &c. 1 Salk. Vide
Error.
·
out any particular Covenant, &c. If a Perſon
grants all his Term, and there be no Reverfion left
in the Grantor, he cannot diftrain for the Rent;
yet Debt will lie for it as a Sum in Grofs, where
there is no Reverfion. 1 Inft. 87, 141, 142. Litt.
Remover, Is where a Suit or Caufe is removed out
of one Court into another; and for this there are
divers Writs and Means. 11 Rep. 41. And Remand-213. 2 Lev. 80. And where an annual Sum is ap-
ing of a Caufe, is the fending it back into the fame
Court, out of which it was called and fent for.
Marsh. 106. See Habeas Corpus.
•
Benant, Or rather Reniant, i. e. Negans, from
the Fr. Renier, negare, to deny or refuſe. 32 H. 8. c. 2.
Bender, (Fr. Rendre, viz. Reddere) Signifies to
yield, give again, or return. This Word is ufed
in the Levying of a Fine, which is either fingle,
where nothing is rendered back by the Cognifee;
or double, when it contains a Grant and Render back
again of the Land, &c. to the Cognifor. Weft's
Symb. And there are certain Things in a Manor
that lie in Prender, that is, which may be taken by
the Lord or his Officers when they happen, without
any Offer made by the Tenant, fuch as Efcheats,
c. and certain that lie in Render, i. e. muſt be ren-
dered or anſwered by the Tenant, as Rents, Heriots,
and other Services: Alfo fome Services confift in
Seifance; and fome in Render. Weft. Symb. par. 2.
Perking's Referva. 696.
Benegate, or Renegado, which we corruptly call
Runnegate, is one who was a Chriftian, and after-
wards negat Chriftum, and apoftatized to Mahometifm:
This is mentioned in Hoveden by the Name of Re-
neez. Hoved. Anno 1192.
Benegeld, Is a Kind of Rent or Tenure.
Per Renegeld Johannes S. Ar. clamat habere de
bet Bovata terra infra feodum de A. 1 d. Rot. Plác. in
Itin. apud Ceftriam, 14 H. 7.
Benovant, (From Renovo) To renew, or make
again: The Parſon ſued one for Tithes, to be paid
of Things Renovant, &c. 2 Cro. 430.
pays
pointed to be paid to a Stranger, it is not a Rent
but a Sum in Grofs. 1 Leon. 362. Rent-Charge is
when a Perfon by Deed maketh over his Eftate ro
another in Fee, or by Gift in Tail, the Remainder
in Fee, or a Leafe for Life, Remainder over in
Fee, or any other Grant where the whole Eftate
paffeth, and by the fame Deed referveth to him
and his Heirs a certain Rent; and covenanteth that
if the Rent be behind, it shall be lawful for him
and his Heirs to diftrain, &c. fuch a Rent is called
a Rent-Charge, becauſe the Lands are charged
with fuch Diftrefs by Force of the Deed, and not
by the Common Law, as in the Cafe of a Rent-
Service: It must be a Conveyance in Fee, either in
Poffeffion or Remainder, or a Grant of the whole
Eftate, to make a Rent Charge; for the Reverfion
is not to be in the Feoffor, as is requifite in the
Rent Service: But if one feifed of Land, Grants by
Deed an yearly Rent iffuing out of it to another
Perfon in Fee, Fee-tail, for Term of Life, or Years,
with Claufe of Diftrefs, it is a Rent Charge; alfo
if one feifed of Lands in Fee, binds his Goods and
Lands for the Payment of an yearly Rent, this is a
good Rent-Charge, with Power to diftrain: So that
a Rent-Charge may be either by Refervation or
Grant. Litt. 217, 218. 1 Inſt. 143, 144, 147. If a
quali-Man hath a Rent Service or Rent-Charge, and grants
it to another by Deed for Life, rendring Rent, it
is void; becauſe a Rent cannot be charged with
another Rent. Kelw. 161. A Rent-Charge, of what
Nature foever it be, is grantable over: And a
Rent is not a Thing meerly in Action. 1 Inft. 292.
Rent, (Redditus) Is a Sum of Money, or other 3 Nelf. Abr. 111.
Nelf. Abr. 111. Lands are charged with a Rent-
Confideration, iffuing yearly out of Lands or Tene-Charge, and after the Owner of theſe Lands makes
ments. 1 Inft. 141. It must be certain, or that a Leafe thereof, and covenants with the Leffee to
which may be reduced to a Certainty; and regu- fave him harmleſs: If afterwards the Leffee
larly it is to be reſerved out of a corporal Inheri- the Rent to the Grantee of the Rent-Charge, volun-
tance, whereunto the Grantor may have Recourfe tarily and without Compulfion, per Holt Ch. Juft. in
to diſtrain, and not granted out of a Common, Pif fuch Cafe he pays it in his own Wrong, and muſt
cary, c. or fuch like incorporeal Inheritances; pay it again to the Leffor; though if he is diftrained
but as to incorporeal Inheritances, the Refervation for the Rent-Charge, and his Goods are taken,
may be good by Way of Contract, to have Action whereby he is compelled to pay the Rent, it is o-
of Debt. 1 Inft. 47, 143. A Grant of a Rent out of therwife, and this is a Breach of the Covenant, and
a Hundred, is void; for the Rent cannot iffue out not before. 3 Salk. 109. Rent-Seck, or dry Rent, is
of it, nor doth an Affife lie for it, becauſe it can- where a Man by Deed paffeth his Eftate to another,
not be put in View: And a Fair is but a Franchife, and Referves to him and his Heirs a certain Rent;
our of which a Rent may not be referved. 5 Rep. or granteth a Rent iffuing out of his Lands, without
A Rent may be referved out of a Reverfion any Claufe of Diftrefs in the Deed: Now by the
or Remainder of Lands; for the apparent Poffibi- Common Law he cannot diftrain for this Rent, by
lity that they may come in Poffeffion. Cro. Eliz. Reafon he hath not Seifin of the Rent, and no Di-
792. But the Profits of the Land, which are the ftrefs is incident to it, and there being no Rever-
Thing itſelf may not be refcrved as Rent; not-fion or particular Charge to enable him to do it:
withſtanding the Rent be out of the Profits. 1 Inft. But if the King hath a Rent-Seck, he may diftrain
206. One may make a Leafe of the Veſture or for it. Litt. 217, 233, 235. And a late A& of Par-
Herbage of Land, referving a Rent: Or of a Rec-liament gives all Perfons the like Remedy for reco-
tory, with Refervation of Rent out of it. 7 Rep. 18. vering Rent-Seck, Chief-Rents, &c. as for Rents re-
An Affife will lie of a
Rents are to be reſerved to the Leffor, or Feoffor, ferved on Leafe. 4 Geo. 2.
c. it being a Maxim in Law, that the Rent muft Rent-Seck for a Grantee, if he hath had Seifin; but
be reſerved to him from whom the Land moveth. if there had been no Scifin, he was without Reme-
1.Inft. 143. There are feveral Kinds of Rents; as dy: Non-payment of a Rent Seck upon Demand is
a Fee-farm Rent, Quit-Rent, Rack-Rent, Old-Rent, a Denial in Law, whereof the Grantee may have
and improved Rent, c. but the common Divifion an Affife; provided he hath had Seifin of the Rent
of Rents is into three Sorts, viz. Rent-Service, Rent- before. Cro. Eliz. 505. 2 Lill. Abr. 449. The Dif
Charge, and Rent-Seck. Litt. 213. Rent-Service is ac-ference between a Rent-Charge and a Rent-Seck is,
companied with fome corporeal Service, as Fealty, that there is a Claufe of Diftrefs annexed to one,
c. and is where upon a Gift in Tail, or Leafe for and no fuch Claufe to the other; and therefore
Life, or Years, a Man reſerves to himſelf a cer- the one is a Charge upon the Land, but for the
tain Rent, whilft the Reverfion of the Lands con-
tinues in him; this is a moft certain Mark to know
it to be a Rent-Service; and if this Rent be behind
at the Day on which it ought to be paid, the Land-
lord by the Common Law may diſtrain for it, with-
3,4.
other the Grantee had formerly no Remedy, but
to charge the Perfon of the Grantor in a Writ of
Annuity; and he must have Seifin of the Rent,
which is to be created by Grant, and not by De-
vife; alfo the firft Payment that gives Life to
the
3
RE
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4
•
becauſe this was not due until the End of the
Month. 10 Rep. 127. 1 Saund. 287. If a Leafe is
made for Years, paying a yearly Rent at Michael·
mas and Lady-day, or within twelve Days after,
upon Condition that if the Rent be not paid by that
Time, next after the faid Feafts, or Days of Pay-
ment, then the Leafe fhall be void; in this Cafe,
it is faid the Tenant or Leffee hath twelve Days
after the twelve Days, to pay the faid Rent; for
the twelfth Day after the Feafts was a Day of Pay-
ment: But if the Claufe in the Leafe had been,
that if the Rent is behind for the Space of twelve
Days after either of the faid Feaft Days of Pay-
the Rent-Seck, ought to be made by the Tenant
of the Freehold; likewife he fhould attorn, or he
cannot have Affife. 6 Rep. 56. If a Rent be granted
in Fec, with a Claufe of Diftrefs only for the Life
of the Grantee, there it is a Rent-Charge for his
Life, and after his Death his Heirs fhall have it as
a Rent-Seck; though if the Claufe of Diftrefs be
for Years, then it is a Rent-Seck, as well during
his Life as af erwards. 7 Rep. 23. 3 Nelf. Abr. 113.
If one grant that if A. be not paid 207 a Year for
his Life, he fhall diftrain for it; this is a good Grant
of fuch a Rent during his Life. Co. Litt. 147. To
thefe three Sorts of Rents may be added a Rent re-
ferved upon a Leafe at Will, called a Rent diftrainment, the Leafe to be void, . here the Tenant
able of Common Right: And in Action of Debt for
Rent upon a Leafe at Will, the Plaintiff muft fer
forth, that the Defendant entered and was poffeffed,
and prove it, because the Rent is due only by the
Occupation; but on a Leafe for Years, the Rent is
due on the Contract; and if the Leffee never enters
he must pay the Rent. 1 Inft. 141. I Salk. 209. A
Man may have a Rent by Preſcription; and preferibe
that he and his Ancestors have been feifed thereof,
and uſed to diftrain for it, when in Arrear: And fo
a Perſon may make a good Title to a Rent without
any Deed.
1 Inft. 144. 6 Rep. 33. And there are
Rents, but not properly called fo, referved by Con-
tract or Deed, which creates them with Claufe of
Diftrefs, without a Tenure, against the natural
Courfe of the Law; though fuch Rent is rather a
Penalty: In all Cafes, by late Statutes, a Landlord
may diftrain for his Rent upon any Contract. 1 Inft.
144, 213. Litt. 345. Wood's Inft. 185, 598. Rent
will not be barred by Fine levied by Tenant in Tail;
but remains a collateral Charge on the Land. 2 Lev.
30. And where a Donor grants a Rent out of a Re-
verſion, it may not be barred by Recovery againſt
the Tenant in Tail; though if a Man makes a Gift
in Tail, referving a Rent, it may. Cro. Car. $98.
If a Leafe for Years, or Life, or Gift in Tail, be
made to one with Refervation of Rent; and the
Leffor or Donor grant the Reverfion over gene-
rally to another, the Rent paffeth to the Grantee,
although no Mention be made of it in the Grant;
the Rent being incident to the Reverfion; But tho'
a Rent be incident to the Reverſion, it is not infepa-
rably incident; the Reverfion may be granted, fo
as not to pass the Rent. 1 Inft. 143, 317. Rents may
be deviſed by Will in the fame Manner as Lands:
A Teftator feifed of Lands in Fee, made a Leafe
thereof rendring Rent, and afterwards devifed the
Rent to another; and adjudged that the Executor,
and not the Heir fhall have it; becauſe it is but a
Chattel in the Devifee. 2 Cro. 144. Dyer 5. A Leafe
is made for Years of Land in Fee-fimple, rendring
Rent to the Leffor, his Executors or Affigns, during
the Term; the Heir fhall have the Rent; it running
with the Reverſion: And if a Leffor dies before
the Day of Payment of Rent, it shall go to his Heir,
as incident to the Reverfion; but if it becomes
due in the Leffor's Life-time, it fhall go to the Exc-
cutors. 12 Rep. 36. 10 Rep. 127. Raym. 213. 2 Saund.
367. If the Leffor dies upon the Day of Payment,
and the Rent is unpaid, the Heir fhall have it; for
the Rent is not due till the laft Minute of the Day:
But if it be paid that Morning before the Leffor
dies, his Executor fhall retain it against the Heir.
In what Cafes the Rent
10 Rep. 127. I Inft. 212.
fhall go to Executors, or him in Remainder; on
the Leffor for Life's dying, and the Rent not paid
before the laft Inftant of the Day whercon duc,
fee Preced. Canc. 555. One feifed of Lands in Fee
makes a Leafe of the fame Lands for ren Years,
yielding to him and his Heirs a yearly Rent of 20 1.
at the Feast of St. Michael, or within one Month
after; now if the Leffor dieth between the Feast of
St. Michael and the End of the Month, the Rent
must be paid to the Heir, and not the Executor; I
hath but the twelve Days allowed him. 10 Rep. 129
4 Rep. 27. A Man feifed in Fee of Lands, lets them
for Years, and referves a Rent to himself, not to
him and his Heirs, the Rent fhall determine by his
Death, if he dies within the Term: 'So if he referves
a Rent to him and his Affigns, the Refervation is
good only during his Life. Wood's Inft. 186. Tho'
if he referves a Rent generally, without fhewing to
whom it should go, it will go to his Heirs. 1 Inft. 47.
5 Rep. 11. An Heir fhall have. the Rent, where he
is named in the Grant: And if the Rent is referved
to the Leffor, his Heirs and Affigns, the Affigns of
the Reverfion fhall enjoy it, if the Rent is incident
to the Inheritance. 2 Cro. 282. Plowd. 167. 1 Inft. 47.
Where a Tenant for Life lets a Leafe for Years, if
he fhall fo long live, under certain Rent, and the
Tenant for Life dicth before a Quarter-Day, or
Day of Payment, the Tenant is difcharged of the
Rent for that Quarter by the A&t of God: But this
may be guarded againft by dividing the Rent, and
making it payable weekly, &c, though it be not
ufually received otherwife than quarterly; or by
Covenant in the Leafe, to oblige the Tenant to
pay the Executors of the Leffor for fo much of
the Profits as fhall be received 'till his Death, if
he die before any Day of Payment. 10 Rep. 127,
129. Without this Care, the Tenant might receive
the Profits of the Lands and detain the Rent too,
by quitting the Eltate upon the Death of the Land-
lord, who did not live till the Rent was due; and
thereby barring thofe in Remainder and Reverfion,
&c. of the Rent, becauſe he was not their Tenant
at the Day of Payment: And this has been often
done by the Tenants of Bishops and Parfons, and of
Widows endowed, or having Jointures of Lands for
Life, &c. The fame as to Tenants at Will, where
the Landlord dies the Day before the Rent-Day.
See Comber. 255. This Law is now altered by Sta-
tute; for if any Tenant for Life die on the Day,
on which the Rent was made payable, his Execu-
tors, c. may in Action on the Cafe recover from
the Under-Tenants, the Whole, or if he die before
fuch Day, a due Proportion of fuch Rent: And
where Demifes are not by Deed, Landlords may
recover reaſonable Satisfaction, for the Ufe of what
the Tenants held, c. 11 Geo. 2. If a Rent upon a
Leafe for Years of Land is referved and made pay-
able at four Quarter-Days, the Leffor may have
Action of Debt after the first Day of Failure; for
every Quarter's Rent is a feveral Debt, and diſtinct
Actions may be brought for each Quarter, and it
is not like Debt for Part of the Money on Contract.
5 Rep. 81. 10 Rep. 128. 2 Vent. 129 Thus it is of
a Covenant or Promife to pay 100l. at five feveral
Days after the firft Default; though if one leafeth
a Stock of Cattle, or other perfonal Goods and the
Rent is to be paid at feveral Days, the Leffor muft
ftay till all the Days are expired, becauſe it is all
but one perfonal Contract. 4 Rep. 94.
1 Inft. 292.
An Action was for one Quarter's Rent, when two
Quarters were due, fo that the Plaintiff fued for
less than was his Due, without fhewing how the
Reft was fatisfied, which it was objected. the Law
would not allow, has been adjudged good on De-
8 I
murrer,
1
RE
RE
22.
·
murrer, every Quarter being a feveral Debt; but Manor, with Power to diftrain in another; both
not if it a appears by the Plaintiff's own fhewing that the Manors are liable to it. 7 Rep. 23. A Rent re-
Rent for a whole Year is due, and he brings an Ac-ferved out of Land, is of the Nature of the Land:
tion only for Half a Year, c. 2 Ventr. 1293 Nelf. If a Perfon has a Rent of the Part of his Mother,
Abr. 117. In Debt for Rent, the Plaintiff demands the Diftrefs and Remedy for it ſhall go to the Heir
more in his Declaration than is due, he may remit on the Part of the Mother, &c. Moor 301. 1 Inft.
Part, and have Judgment for the Refidue. 2 Lill. 449. 142. And if two Coparceners make a Feoffment
Action of Debt may be brought for Rent due for a in Fee, rendring Rent to them and their Heirs,
Copyhold and Freehold together. 3 Lev. 39. Cro. the Rent fhall be of the Quality of the Lands, and
Eliz. 851. Alfo for Rent upon a Leafe of Land, and the Heirs of one and of the other fhall inherit.
a Flock of Sheep. 3 Lev. 150. Affignee of Rent up-5 Rep. 8. Yet if there be two Jointenants, and one
on a Leaſe for Years, fhall have Debt for it. 1 Lev. makes a Leafe for Years, rendring Rent; the Leffor
And Covenant for Rent lies against the Leffee dieth, the other 'fhall not have this Rent. 1 Rep.
after an Affignment, by the Grantee in Reverfion; 96. A Rent was referved on a Leafe to be paid at
and this, although Notice and Acceptance of the two Feafts, and not faid by what Portions; and yet
Rent had been pleaded, as it is upon an exprefs Co-held good, and that the Leffee ſhould have Liberty
venant. 3 Lev. 233. A Leffee for Years rendring to make the Payments by what Portions he pleaſed.
Rent, affigned his Term in Parcel of the Land, and 3 Leon. 322. The Husband after the Wife's Death
that Affignee made another Affignment of that is liable to pay the Rent in arrear, upon a Leafe
Parcel; and it was held, that the Leffor might to the Wife: And any Man who in Right of his
have an Action of Debt against the firft Leffee, for Wife, fhall have any real Eftate in Rents, &c.
the whole Rent, becauſe the Privity of Contract which fhall be due and in Arrear at her Death,
remained between them, and that the Rent fhould may after her Death bring Debt for thoſe Arrears.
not be apportioned. Dyer 4. 2 Leon. 121. If a Leafe 1 Lev. 25. 4 Rep. 50. An Action of Debt lies for
be made of three Acres of Land of equal Value, Rent in arrear upon a Leafe for Life, or Years; at
paying fuch a Rent, and afterwards the Leffor grants Common Law it lay not on Leafes for Life, but
the Reverfion of one Acre to another; the Gran-it may be brought by 8 Ann. c. 17. If Tenants for
tee hall have the proportionable Rent, for though Life or Years hold over Lands after the Determina-
it is but one Leafe and one Rent, yet becaufe the tion of their Terms, and Demand being made to
Reverfion is feverable the Rent fhall attend upon deliver the Poffeffion, they fhall pay double the
it and be likewife feverable. 8 Rep. But in a Leafe yearly Value, to be recovered by Action of Debt:
of a Warren which extended into three Vills, where And when Half a Year's Rent is due and in arrear
the Leffor granted the Reversion of that Part from any Tenant, and no fufficient Diſtreſs can be
which lay in one of the Vills to another, and the had on the Premiffes, the Landlord may ferve a
Leffee attorned; adjudged that the Grantee fhall Declaration in Ejectment, and recover Judgment,
not have any Part of the Rent, nor the Grantor &c. but the Tenant may file his Bill in Equity,
neither, becauſe an entire Contract cannot be ap- within fix Months, to be relieved; though not have
portioned, and therefore the Rent is determined. an Injunction against the Proceedings at Law, (unless
Moor 115. Action of Debt was brought for Rent he bring the Money due into Court) and paying
on a Leaſe of three feveral Acres of Land for the Rent in arrear, and Cofts, all Proceedings to
three feveral Terms, paying Rent pro Terminis pre- ceafe, &c. by the 4 Geo. 2. c. 28. If any Tenant,
dict.' And it was infifted, that the Rent could not holding Lands, &c. at a Rack-Rent, being in arrear
iffue out of all, becauſe they were feveral Terms; one Year's Rent, fhall defert and leave the fame
but the Court ruled, that it was an intire Leafe, uncultivated or unoccupied; two Juftices of Peace,
and that the Rent iffued out of all the Lands; and may at the Requeſt of the Landlord go upon and
if one of the Terms determines, it fhall be paid view the Premiffes, and fix on the most notorious
out of the Refidue. Dalif. 139. A-Leafe is made Part thereof, a Notice in Writing, on what Day (at
of Lands, rendring ten Pounds Rent, viz. For five the Diſtance of 14 Days) they will take a fecond
Acres five Pounds, and for other five Acres the like View; and if the Tenant, or fome Perfon for him,
Sum, &c. in this Cafe it fhall be one, and not do not then pay the Rent, and there is no Diftrefs,
ſeveral Rents. 1 And. 174. But if one grant twenty the Tenant's Leafe fhall become void: The faid
Pounds a Year out of Land; to hold ten Pounds two Juftices Proceedings to be examined into in a
yearly for thirty Years, and the other ten Pounds fummary Way, by the next Juftices of Affife of the
thirty-fix Years, payable at the Feafts of, . they County; who if they fee Caufe may award Refti-
will be feveral Rents, and a Diftrefs may be for tution and Cofts to the Tenant, &c. By this Sta-
either of them alone. I Cro. 109. A Man grants tute, in Cafe a Tenant gives Notice of his quitting.
a Rent-Charge to another for Life out of his Lands; the Premiffes, and do not accordingly deliver up
if he grant further by the fame Deed, that he and Poffeffion, at the Time notified; he is thencefor-
his Heirs may diftrain in the Land for the fame ward to pay double Rent recoverable as fingle Rent.
Rent: This will amount to a new Grant of the Rent Stat. 11 Geo. 2. cap. 19. Debt may be brought for
in Fee-fimple. 1 Inft. 148. Where Rent is granted Part of Rent due, and a Diftrefs taken for the other
for Life, out of Land in Fee, and a Term for Years; Part; fo as to make both the Perfon and Land lia-
there it fhall iffue out of the Lands in Fee, not the ble: If Tenant in Fee, or in Tail die, his Execu
Term of Years. 7 Rep. 23. The Land in Fee only tor may have Action of Debt by the Stat. 32 H. 8.
fhall be charged with this Rent; and yet the Per- for Rent in arrear, or he may diftrain; but before
fon and the other Land are chargeable after a fort this Act, the Executor had no Remedy by the Com-
for the fame. 1 Inft. 47, 146. Plowd. 198. If a mon Law: So it was in the Cafe of a Tenant pur au-
Man grant Rent out of his Lands, and fays not what tur vie, for his Executor had no Remedy till the
Land, nor where; it cannot be a good Grant of the Death of Ceux que vie; and now he may distrain
Rent; though it may be good to charge his Perfon or have an Action of Debt for the Rent arrear.
as in an Annuity: So if one grant any Rent out of 1 Cro. 471. 3 Salk. 333. If Tenant for Life die,
a Thing not chargeable with a Rent; as a Common, his Executor may bring Action of Debt for the Rent
or Franchife, &c. 6 Rep. 58. 10 Rep. 93. But where in arrear; and this was his Remedy at Common
Lands in general, are charged with a Rent, with Law; but a new Remedy is given by this Statute,
Claufe in the Deed, That if it be not paid, the and that is to diffrain: Though if there be a Gran-
Grantee ſhall diftrain for it in the Manor of S. ittee of a Rent for twenty Years, if he fo long live,
will charge that Manor, but not any other Lands.and there is Rent in arrear, and then the Grantee
1 Inft. 146.
If the Rent be granted out of one dics; his Executor cannot diftrain for the Arrears
within
2
-
RE
RE
within the Statute, but must keep to his Remedy at
Common Law. 3 Salk. 304. Where the Lord
gained a Rent of the Tenant by Incroachment, up-
on a Diſtreſs taken for it, the Tenant could not help
himſelf in Replevin, before the Statute 32 H. 8. c. 3.
becauſe he could not traverse the Tenure; but was
compelled to bring the Writ Ne injufte vexes againſt
the Lord, and there he might traverse the Tenure:
Since that Statute, the Lord in his Avowry muft
alledge Seifin of the Rent for forty Years paft;
which the Tenant may trayerfe. 4 Rep. 8. 10 Rep. 88.
9 Rep. 33. In Debt for Rent upon a Leafe for Years,
the Defendant pleaded an Invafion by Enemies,
who drove him and his Cattle from the Lands de-
mifed, fo that he could not enjoy the fame; but it
was adjudged against him; for he did not plead
that the Army were all Aliens and unknown: And
if a Man covenants to pay Rent, and it happens that
the Lands are overflowed with Water, he is ftill
chargeable with the Rent, because he might have
provided against this Accident by his Contract;
and though there was no exprefs Covenant in this
Leafe to pay the Rent, the Reſervation is a Cove-
a Cove-
nant in Law, and a Duty is created by it, and the
Law will not protect him against his own Agree-
ment. Style 47. If no Place is appointed for Pay-
ment of Rent, the Law appoints it to be upon the
Land. 4 Rep. 72. Demand of Rent is alfo to be on
the Land, &c. and to warrant a Diftrefs, the De-
mand may be at any Time after due; but it is not
fo for Re-entry. 1 Inft. 201. Dyer 25. Tender of the
Rent, which must be the whole Rent due, may be
upon any Part of the Lands let. Ibid. Acceptance of
Rent, in fome Cafes, will give Affirmance to a void-
able Leafe, and bar Entries for Conditions broken,
c. And Rent may be extinguished by Purchaſe of
Parcel of the Land, &c. Vide the Heads.
ling to repair it, but the others are not: In this
Cafe the Party willing to repair the lame, fhall have
this Writ against the others. F. N. B. 121. And if
a Man have a Houſe adjoining to my Houſe, and
he suffer his Houfe to lie in Decay to the Annoy-
ance of my Houfe, I may have a Writ againſt him
to repair his Houfe. So if a Perfon have a Paffage
over a Bridge, and another ought to repair the
Bidge, who fuffers it to fall to Decay, &c. New
Nat. Br 281.
{
Repaftum, A Repaft or Meal of Meat given to
fervile Tenants, when they laboured for their Lord.
Paroh. Antiq. 401.
A
Repeal, (From the Fr. Rappel, i. c. Revocatio)`
Signifies the fame with revoke; as the Repealing of
a Statute is the Revoking or Difannulling it. Rastal.
It is faid a Pardon of Felony, &c. may be repealed,
upon difproving the Suggeftions.
1 Reb. 19.
Deed or Will may not ftand good as to Part, and be
repealed for the Reft. Style 241. And a Defendant
in a Suit cannot repeal or revoke his Warrant of At-
torney, given to an Attorney to appear for him, &c.
2 Lill. Abr. 452.
Repleader, (Replacitare) Is to plead that again
which was once pleaded before. Broke. On an im-
material Iffue in a Caufe, Repleader may be award-
ed; and Repleader is to be had where the Pleading
hath not brought the Iffue in Queſtion, which was
to be tried: Alfo if a Verdict be given where there
was no Iffue joined, there must be a Repleader to
bring the Matter to Trial, &c. 2- Lill. Abr. 460.
In Debt on a Sheriff's Bond, for the Defendant's
Appearance in B. R. upon the Return of the Writ,
the Defendant pleaded that he had appeared ſe-
cundum, &c. and upon this they were at Iffue; and
there being a Verdict for the Plrintiff, a Repleader
was allowed, becauſe the Appearance was not tria-
ble by a Jury, but by the Record.
I Leon. 90. 3
Nelf. Abr. 123. It was held by the Court of B. R.
that at Common Law, a Repleader was granted be-
fore Trial, becaufe a Verdict did not cure an im-
material Iffue; but that now a Repleader ought never
to be awarded before Trial, becauſe the Fault in
Rents of Affile, The certain Rents of Freeholders, the Iffue may be helped by the Statutes of Feofails:
and ancient Copyholders, fo called, becauſe they That if a Repleader is denied where it fhould be
were affifed, and different from others that were un- granted, or é converfo, it is Error; and the Judg-
certain, paid in Corn, c. 2 Inft. 19. Rents refo- ment in Repleader is general, (viz.) Quod Partes re-
lute are fuch Rents as were anciently payable to the placitent: They muft begin again at the firft Fault,
Crown from the Lands of Abbies and Religious which occafioned the immaterial Iffue; if the De-
Houſes; and after the Diffolution of the Abbey claration and the Bar, and the Replication be all
Lands which were demifed to others, the faid Rents ill, they muft begin de novo; but if the Bar be good,
were ſtill reſerved to the Crown: They are reckon'd and the Replication ill, they must begin at the Re-
among the Fee-farm Rents, to be fold by the Stat.plication; and no Cofts are allow'd on either Side;
Bental, A Roll wherein. the Rents of a Manor
are written and fet down, and by which the Lord's
Bailiff collects the fame: It contains the Lands and
Tenements let to each Tenant, and the Names of
the Tenants, the feveral Rents arifing, and for what
Time, ufually a Year. Compl. Court Keep. 475.
22 Car. 2. c. 6.
and a Repleader cannot be awarded after a Default.
Beparations, A Tenant for Life or Years, may Trin. 2 Ann. 2 Salk. 579. Tho' a Repleader is allow’d
cut down TimberTrees to made Reparations, al- after a Verdi&t; it has been adjudged not to be
though he be not compelled thereto; as where a awarded after a Demurrer: (But a Repleader hath
Houfe is ruinous at the Time of the Leafe made, formerly been granted after Demurrer, and like-
and the Leffee fuffer it to fall, he is not bound to wife after the Demurrer argued) and that a Re-
rebuild it, and yet if he fell Timber for Repara-pleader can never be awarded after a Writ of Er-
tions he may juftify the fame. 1 Co. Inft. 54. The ror; but only after Iffue joined, &c. Latch 147.
Leffee covenants, That from and after the Amend- 3 Lev. 440. Mod. ca. 102. See the Form of a Re-
ment and Reparation of the Houfes by the Leffor, pleader. Lutw. 1622.
he at his own Charges will keep and leave them in
Repair: In this Cafe the Leffee is not obliged to
do it, unleſs the Leffor firſt make good the Repara-
tions: And if it be well repaired at firſt, when the
Leafe began, and after happen to decay; the Lef
for muft firft repair, before the Leffee is bound to
keep it fo.
2 Cro. 645. If one covenant for the
Reparation of a Houfe, upon Requeft of the Leffor,
and he repair without it; this is no Performance
of the Covenant. 2 Leon. cap. 72. See Leafe, Cove
nant, and Waße.
Reparatione facienda, Is a Writ that lies in di-
vers Cafes; one whereof is where there are Te-
nants in Common or Jointenants of a Houfe, &c.
which is fallen to Decay, and one of them is wil-
Replegiare, Is to redeem a Thing detained or
taken by another, by putting in legal Sureties. See
Replevin.
Replegiare de averíís, A Writ brought by one
whofe Cattle are diftrained, or put in the Pound
upon any Caufe by another Perfon, on Surety given
to the Sheriff to profecute or anſwer the Action at
Law. F. N. B. 68. Reg. Orig. Stat. 7 H. 8. c. 4.
Beplevín, (Plevina, Replegiamentum, à Replegiare)
Is a Remedy grounded and granted upon a Diftrefs,
being a Re-deliverance of the Thing diftrained to
remain with the first Poffeffor, on Security or
Pledges given by him to try the Right with the Di-
trainer, and to answer him in a Courfe of Law.
1 Inft. 145. If one doth diftrain another's Cattle
or
RE
RE
~
}
or Goods for Rent, or Service, Damage-feafant, &c.ble Caufe to plead fuch Matter: Theſe two laft Sta-
The Owner, upon giving Security to the Sheriff tutes relate to Replevins in the Courts at Westminster.
that he will purfue his Action against the Party And by the late Act 11 Geo. 2. c. 19. In Replevin
diſtraining, and return the Cattle or Goods again, Defendants may allow generally, that the Plaintiff,
if the Taking fliall be adjudged lawful, may have or other Tenant of the Land, &c. whereon the Di-
a Writ of Replevin or Replegiari facias; whereby ftrefs was made, held the fame at certain Rent, du-
the Sheriff is commanded to return the Cattle or ring the Time the Rent diftrained for incurred;
Goods to the Owner, till the Right of the Diftrefs which Rent was then, and ftill remains due, c..
is determined: And the Perfon that is diftrained is without fetting forth the Landlord's Grant or Title:
to be Plaintiff in the Replevin, and the Perfon di- And if the Plaintiff becomes Nonfuit, &c. the De-
training the Defendant or Avowant; for his Jufti- fendant fhall recover double Cofts. Sheriffs and o-
fication of the Diſtreſs is termed an Avowry. I Inft. ther Officers granting Replevins, before the Distress
268. Replevins are by Writ at Common Law; or be delivered, thall in their own Names take Bond
Plaint in the Sheriff's Court by Statute, for from the Plaintiff, and two Sureties, in double the
upon
the Party's more fpeedy having again of his Cat- Value of the Goods diftrained, (to be aſcertained
tle and Goods diftrained; and the Sheriff ought to by Oath of a credible difinterefted Witnefs) to pro-
take two Sorts of Pledges, one by the Common fecure the Suit with Effect, and without Delay, and
Law, viz. Plegii de Profequendo; and another by the return the Goods, in Cafe a Return be awarded;
Statute, i. e. Plegii de Retorno Habendo: And Re-and fuch Sheriff, . at the Requeft of the Avow-
plevin lies either in the King's Bench or Common ant, fhall affign him the Bond by Indorſement,
Pleas, by Writ; alfo it lieth in the County-Court, which if forfeited, he may bring an Action, and re-
and Court-Baron by Plaint; and a Hundred-Court cover thereupon in his own Name: And the Court
may hold Plea of Replevins, but they are not to be where the Action fhall be brought, may by a Rule
granted out of Court. 1 Inft. 145. Dyer 246. If of the fame, give Relief to the Parties. The most
the Cattle or Goods are not delivered upon a firft ufual Method to obtain a Replevin is by Plaint :
Replevin, the Party diftrained fhall have an Alias But one cannot claim Property in a Replevin by his
and a Pluries Replevin. F. N. B. 69. The Sheriff Bailiff or Servant, where Replevin is by Plaint in the
may act by Virtue of the Writ of Replevin, or ex County-Court; though one may claim Property in
Officio by Precept to his Bailiff: And the Sheriff a Court of Record, by a Bailiff or Servant.
་
1
I Lev,
may take a Plaint on the Statutes, and make a Re-90. And the Action of Replevin may be removed
plevin preſently, and enter it in the County Court out of the County Court, by Pone, if it was fued
afterwards. 2 Inft. 139. 52 H. 3. c. 21. By the Sta-out by Writ; and by Recordare, where the Replevin
tute 52 H. 3. If Beafts are taken and wrongfully is upon Plaint, returnable into B. R. or C. B. there
with holden, the Sheriff upon Complaint may de- to be tried. F. N. B. 69, 70. The Plaintiff in Re-
liver them, if they were not taken within Liber- plevin muſt have a general or ſpecial Property in the
ties: And if within Liberties, and the Bailiffs there- Goods, for he who claims no Property in the Thing
of will not deliver them, the Sheriff fhall caufe diftrained fhall not have Replevin; but if the Defen-
them to be delivered in Replevin. The Stat Weftm. 2. dant in the Replevin claims the Property, the She-
13 Ed. 1. cap. 2. enacts, That Lords of Hundreds or riff cannot proceed till it is inquired into and deci-
Courts-Baron, fhall have Power to hold Plea of ded before him by the Writ Proprietate Probanda;
Replevin; and Sheriffs, Bailiffs, Sc. are to take whereon if found for the Defendant, he can pro-
Pledges of the Plaintiff to profecute his Suit, and ceed no further, as he may if found for the Plain-
return the Diftrefs, if it be awarded; or they fhall tiff; though the Plaintiff may afterwards replevy by
answer the Lord for the Price of the Cattle; and Writ; and if the Sheriff returns the Property
if a Bailiff is not able to reffore them, his Superior claimed, it fhall be put in Iffue and tried in C. B
fhall do it. But Stewards of Hundred Courts, and Inft. 145. Finch 316, 317. If any Thing touching
other Courts of Lords of Manors, though they the Freehold comes in Queftion, the Sheriff likewife
have Power to replery Goods; that must be by Pro-muft proceed no further. Wood's Inft. 553. When
cefs of the Court, after Plaint entered therein. Trin. a Plaint in Replevin is removed into C. B. &c. and
S W. 3. B. R. By 1 Ph. & M. c. 12. the Sheriff the Plaintiff makes Default, or is Nonfuit, before
at his firft County-Court, within two Months after or after Declaration, or Judgment is given against
he has his Patent, is to depute and proclaim in the him, the Defendant in Replevin fhall have the Writ
Shire Town, Deputies to make Replevins, &c. The Retorno Habendo of the Goods taken in Diftrefs; fo
21 H. 8. c. 19. ordains, that upon a Replevin fued, if he purfue not his Action of Replevin, &c. And
an Avowry may be made by the Lord, or Cogni- the Plaint being removed, if the Plaintiff in Reple-
fance and Juftification by his Bailiff, c. on the vin is nonfuited before or after Avowry made, the
Land holden of the fame Lord, without naming any Defendant may again diftrain his Cattle for the
Perfon certain to be Tenant thereof; and the like fame Caufe he diftrained the First; yet the Plain-
Law is upon every Writ fued of fecond Deliverance: tiff may fue out a Writ of Second Deliverance upon
In a Replevin Damages and Cofts are given the De-the fame Record, which will revive the first Suit:
fendant, fuch as the Plaintiff would have had if he And after this Second Deliverance and Trial there-
had recovered in the Action, &c. By the 17 Car. 2. upon, or if the Plaintiff be again Nonfuit upon a
cap. 7. in Replevin, &c. if the Plaintiff be nonfuit, Declaration, then there must be awarded a Returnum
the Defendant may make Suggeftion in the Nature irreplegiabile to the Defendant, and then he may
of an Avowry for Rent; and on Prayer a Writ make his Avowry, or Plea in Juftification of his Di-
fhall be awarded to the Sheriff to inquire of the Sum ftrefs, to ground a Writ to inquire of Damages; or
in arrear, and the Value of the Diftrefs; and on he may hold the Beats till he is fatisfied. Raym. 33.
the Return thereof, the Defendant fhall recover F. N. B. 72. Wood's Inft. 553. If the Defendant
the Arrears, or the Value of the Diftrefs with Cofts, makes Default, the Plaintiff fhall have Judgment to
Exc. And by 4 & 5 Ann. c. 16. the Plaintiff in a recover all in Damages; as well the Value of the
Replevin, with Leave of Court, may plead as many Cattle, as Damages for the Taking of them, and his
feveral Matters thereto, as he fhall think neceffary Cofts. F. N. B. 69. Mich. S H. S. No Writ of Se-
for his Defence: Provided, if any fuch Matter up-cond Deliverance lies in Replevin after a Judgment up-
on Demurrer joined fhall be judged infufficient, on a Demurrer, or after a Verdict given, but in
Cofts fhall be given at the Diſcretion of the Court; thefe Cafes the Judgment must be entered with a
or if a Verdict be found upon any Iffue for the Return irreplevifable; though on a Nonfuit a Sa-
Plaintiff or Defendant, Cofts fhall alſo be given, un-cond Deliverance will lie, becauſe there is no De-
lefs the Judge certify that the Party had a proba- termination of the Matter, and there a Writ of
2
Second
}
RE
RE
{
upon
:
N
Beafts in quibufdam locis called A. and B. upon a
Demurrer to this Declaration it was held ill; the
Plaintiff ought to fhew how many were taken in
one Place, and how many in another Place. Litt.
37. And if the Plaintiff alledge two Places, and
the Defendant anfwers only one, it is a Difcontinu-
ance. Salk. 94. The Plaintiff in Replevin declared,
that the Defendant took his Cattle apud R. omit-
ting the Words in quodam loco ibidem; and on a De-
murrer it was ruled, that the Effect of this Suit is
the Taking of the Cattle, and not the fhewing the
Place where they were taken; for the Plaintiff
might not know the Place, &c. and in this Action
the Avowant is Actor, and beft knows where the
Cattle were taken, and therefore it ought to bet
fhewed by him. 1 Brownl. 176. 3 Nelf. Abr. 12.5,
Count in a Replevin, for Breaking of the Plaintiff's
Doors and Locks, and Carrying away his Goods
>
Second Deliverance lieth to bring the Matter in
Queſtion: But in the Cafe of a Demurrer and Ver-
dict, the Matter is determined by Law. Mich. 7 W.
B. R. 2 Lill. Abr. 457. The Plaintiff in a Second
Deliverance was nonfuited, and a Writ of Inquiry
of Damages awarded, and alfo a Retorno Habendo,
which the Sheriff return'd Averia Elongata;
whereupon a Withernam was granted, and all the
other of the Plaintiff's Cattle were delivered to the
Defendant; and fome Time after the Plaintiff came
into Court, and paid the Damages ands Cofts, on
which the Court granted him a fpecial Writ to re-
ftore his Cattle, but there was no Allowance for
the Keeping of the Cattle, it being intended their
Labour was worth the Charges. 3 Leon. 323. Litt.
Rep. 54. If Cattle diftrained are put into a Caftle,
the Sheriff muft nevertheless make Replevin and De-
liverance; and if Occafion be, he may take the
Poffe or Power of the County with him for that Pur-and Cattle; the Defendant avows for a Rent-
Poſſe
pofe: And where the Cattle are driven out of the Charge, and fays nothing of the Breaking of the
County, &c. fo that the Sheriff cannot make Re Doors, &c. Per Cur, He need not answer it in this
plèvin, a Writ of Withernam hall go to the Sheriff Action; tho' in Action of Treſpaſs he muft. Trin.
to take fo many of the Diftrainer's or Defendant's 7 W. 3. B. R. 2 Lill. Abr. 456. In a Replevin for
Cattle, &c. Roll. Abr. 565. A Defendant in Re-Taking of four Beafts, the Defendant had Judg
plevin may plead Property in the Cattle in a Stranger, ment for a Return; and he then furmifed that forty
either in Bar or in Abatement; and where the Plea Beafts were taken and impounded, and were not all
in Abatement is to the Point of the Action, as Pro- delivered back, and prayed that the Sheriff' fhould
perty is, there the Defendant fhall have a Return make a Deliverance to him of forty, &c. But re-
without making an Avowry for it; for whether the folved, that the Plaintiff having declared but of
Property was in him or a Stranger, he ought to four Beafts taken, and he the Defendant agreed that
have a Return, becauſe he had the Poffeffion of Four only were taken by Avowing for them, he was
the Cattle, which were illegally taken from him by therefore without Remedy: Yet he might in his A-
the Plaintiff in Replevin: But where the Plea in vowry have fhewn that forty Beats were taken,
Abatement is of a collateral Matter, he must make and have avowed for all, and prayed a Return of
an Avowry to have the Return. 1 Salk 94 3 Nelf. all of them, although the Plaintiff had not declared
129. The General Iffue in Replevin is Non Cepit; for fo many. Cro. Fac. 611. In Replevin, the A-
but the Defendant may plead Property in himſelf, vowry was for Rent arrear, and the Avowant had
in Bar or Abatement to the Action; though if he Judgment; and in a Writ of Error brought in
plead Property in a Stranger, he muft conclude in B. R. the Error affigned was, that Part of the Rent
Abatement; and 'tis to be obſerved, that upon the became due after the Diftrefs taken, viz. the Diſtreſs
General flue Property cannot be given in Evi-was made three Days before Michaelmas, and the
dence, therefore it mult he pleaded there. Vent. 249. Defendant avowed for Michaelmas Rent; and it was
3 Salk. 307. Replevin was brought for Taking and adjudg'd ill, being for more than was due at the Time
Detaining a Mare and Colt; the Defendant plead- of the Diftrefs taken: The Avowant ought to have
ed Not guilty as to the Taking, infra fex annos ultimo abated his Avowry quoad the Michaelmas Rent, and
elapfos; and upon Demurrer it was infifted, that the taken Judgment for the Reft; but he got the Roll
2 Salk. $80.
Plea was good, becauſe in Effect 'tis Non Cepit; and amended in C. B. and fo it was here.
if he is not guilty of the Taking, he could not be If the Jury in trying an Action of Replevin do not
guilty of the Detaining; and if this Plea be not al-inquire as well of the Value of the Cattle diftrain-
lowed, the Statute of Limitations can never be a ed for Rent, that they may be fold according to the
Bar in Replevin; but the Plea was adjudged ill, be- Statute, as alfo of the Rent due, there fhall be no
cauſe it doth not answer the Detaining, and proba- Writ of Inquiry to fupply it. 1 Lev. 255. A Ver-
bly the Cattle might be pounded where the Plaintiff dict was found in Replevin, Part for the Plaintiff
could not come to replevy them, which is an illegal with Damages and Cofts; and Part for the Defen-
Detainer, tho' the Taking might be legal. Sid, 81. dant: But in Avowry for Rent, Part was found for
The Plaintiff is to lay his Replevin in the Detinuit,the Plaintiff and Damages and Cofts, and Part for
or Detinet; if in the Detinet, the Plaintiff bath his the Avowant; and it was held, that the finding Da-
Goods again, and Damages for the Taking and De-mages and Colts for the Plaintiff was void, but that
taining; if 'tis brought in the Detinuit, he fhall only Part being found for the Avowant, he fhall have a
recover for
the wrongful Taking; for that Word Return with Dainages and Coſts. Lutw. 1194. Cro.
being in the preterperfect Tenfe, implies that the Plain- Fac. 473. It is a proper Conclufion of a Plea in
tiff had his Goods again: So that if in Replevin the Replevin, &c. to fay Unde petit judicium retorn. A-
Writ be in the Detinet, and the Plaintiff declare in veriorum, without faying any Thing of Damages,
the Detinuit, the Declaration is ill, the Variance becauſe they are given by the Statute: And the De-
being material. 2 Lutw. 1147, 1151. A Replevin fendant muft fuggeft Matter to have a Return,
ought to be certain, in fetting forth the Number &c. which Suggeftion is only to bring his Cafe with-
and Kinds of Cattle diftrained, or it will not be
good; becauſe if it be uncertain the Sheriff cannot
tell how to make Deliverance of the Cattle, if a
Writ be directed to him to do it. Trin. 23 Car. B. R.
And in a Declaration in Replevin for Taking of Cat-
tle, if the Time and Place of Taking be not named,
the Declaration is naught for Uncertainty: The
Declaration must be not only of a Taking in a Vill
or Town, but in quodam loco vocat, &c. or the fame
will not be good on Demurrer; but fuch a Decla-
ration in Action of Trefpafs is good. Hob. 16.
3 Selk. 308. In Replevin for Taking feveral of his
J
in the Statute of Hen. 8. for Damages; for before
that Statute at Common Law the Defendant had no
Damages; and this Suggeftion being for a particu-
lar Purpofe, is not traverſable. 1 Salk. 94. A Second
Deliverance may be a Superfedeas to the Retorn. Ha-
bend. but 'tis not fo to the Writ of Inquiry for Da-
mages; becaufe they are not given for the Thing for
which the Defendant avowed, but by Virtue of the
Stat. 21 H. 8. as a Recompence to the Avowant
for his Expence and Trouble. Ibid. In Action of
Replevin, the Defendant avowed for Damage-fea-
fant, and had a Verdi&; adjudg'd, that he ſhall
SK
have
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1
have a Retorn. Habend. for the Cattle, and a Capias
ad fatisfaciend. for the Damages: But if the Party
tender the Cofts and Damages, the Sheriff ought
not afterwards to execute the Retorn. Habend. And
the doth
~`A Count, Arowry and Judgment in Replevin.
if for want of fich Tender, and Damages are paid, A. wherefore be toote the Cafler Beats of a Pleas
B. was fummoned to C. D.
cute it, after the Cofts
or the faid
a Writ Si conftare poterit, &c. lies, upon fuggefting C. and them unjustly detained against Sureties and Pledges,
that the Cofts are paid, to deliver the Diftrels, &c. &c. and whereupon the faid C. by, &c. bis Attorney com-
3 Cro. 162. 3 Salk. 54. If a Man take Cattle for plains, that the jaid A. the Day of, &c. in the Year of
Damage-feafant, and the other tenders Amends, and the Reign, &c. at M. in a certain Place there called,
he refufeth it, &c. on a Replevin fued for the Cat- &c. took the Cattle, that is to fay, two Horfes and one
tle, Damages fhall be recovered by the Plaintiff for Cow of the faid C. and them unjustly detained, against
the Detaining of them; and not for the Taking, Sureties and Pledges, until fuch a Day, wherein they
which was lawful. New Nat. Br. 154, 155. And if were delivered by G. H. Efq; Sheriff of the County afore-
A Lord diftrain his Tenant's Cattle wrongfully, and faid, or Bailiff of the Lord the King fworn and acknow-
afterwards the Cattle return back unto the Tenant; ledged, &c. Whereupon he faith, that he is the worse,
the Tenant fhall nevertheless have a Replevin a- and hath Damage to the Value of ten Pounds; and there-
gainst the Lord for thofe Cattle, and recover Da-fore he brings bis Suit, &c. And the faid A. by his At
for the wrongful Diftraining of them; be torney comes and defends the Force and Injury, when, &c.
mages
caufe he cannot have Action of Trefpafs against his And well avows the Taking of the Cattle aforesaid, in the
Lord for that Diftrefs. Ibid. In Replevin an Avowsy faid Place in which, &c. And justly, because he faith,
was made for Amercement in a Leet; the Plaintiff &c. (Here is to be inferted the Avowry, or Plea that he
traverfed that the Defendant was feifed of the Ma- took not the faid Cattle as the faid C. by his Declaration
nor in Fee: And it was held good. Hughes Abr. 1711. fuppofeth, with the Anfwer, Replication, fue and Special
If a Replevin be againft two, and one of them a Verdict). And becauſe the Justices bere, will advise them-
vows for Damage feafant in his feveral Land, and felves of and upon the Premilles, before they give Fudg-
the other as a Commoner; both Avowries fhall a ment, Day is given to the Parties aforefaid until the Day,
bate, and the Plaintiff recover Damages. 5 Rep. 19. &c. to bear their Fudgment thereof, because the said Fu-
Plowd. 10. After Iffue in a Replevin, one of the ftices are not yet advised, &c. At which Day, here comes
Defendants died; and it was held the Writ was as well the faid C. as the faid A. by their Attornies a
good against the other.
1 Cro. 174. A Replevin is forefaid; and upon this the Premiffes aforesaid being feen,
Triable by either Plaintiff or Defendant, without and by the Fuftices here fully understood: It is confider-
Provifo: And if a Man do diftrain Cattle in one ed, that the faid C. take nothing by bis. Writ aforefaid,
County, and drive the Cattle into another County, but be in Mercy for his falfe Claim, &c. And that the
the Party may fue a Replevin in which of the Coun- faid A. go thereof without Day, &c. and that he have
ties he will; but not in both the Counties. New Return of the Cattle aforefaid, to be kept by bim irreple-
Nat. Br. 155. Replevin may be had, where Cattle giable for ever. And how, &c. the Sheriff make it here
are taken that agift or manure Land; if one diftrain appear in, &c. It is alfo confidered, that the faid A. do
a Cow which afterwards hath a Calf, &c. it may be recover against the faid C. bis Damages aforesaid, hy the
brought for both: Alfo it lies for Wood cut, and Jurors in Form aforesaid affeffed; as alfo, &c. for his
any Goods or Chattels; for generally whatever is Expences and Cofts, by the Court here of Increase with
diftrain'd, may be replevied : But no Replevin lieth of his Affent adjudged; which Damages in the whole amount
Goods taken beyond the Seas, though brought af-
to, &c.
terwards into England. Show. 91. A Replevin may
not be had against the King, nor where he is Party,
or the Taking was in his Right. 3 Hen. 7. An In-
An In-
fant may bring Replevin; and Executors or Admini-
trators hall have it de bonis Teftatoris: Husband and
Wife ſhall join in a Replevin, for a Diftrefs on the
I
Repleby. Tenants having their Goods taken as
a Diftrefs for Rent, are to replevy them in five Days,
or they may be appraiſed and fold by Stat. 2 W.
& M. Seff. 1. c. 5. Where any Goods are fold, if
Property is claim'd in them, and notwithstanding
Trefpafs &c. Mod.
Wife's Lands; and for Goods and Chattels of the the Party doth repo replevy is uſed for the Bail- |
Caf. 69. 2 Lill.
ing a Man. Stat. Weftm. 1. c. 11. Vide Homine Re
un-plegiando.
Wife, taken when fole, the Husband alone may
have it: If the Beafts of feveral Men are taken,
they muſt have Replevin ſeverally, and not join;
lefs they are Jointenants or Tenants in Common.
Land Purch Compan. 174, 175. If a Man whofe
Goods are diftrained thinks himſelf wrong'd, and
would have the Goods or Cattle reftored, he may
obtain them by Replevin; but if he be only defi-
rous of a reaſonable Satisfaction for them, he may
bring an Action of Trefpafs or Trover, &c. See
Acowry.
A Plaint entered in Replevin.
B. complains against C. D. of bis Beafts un-
Parish of, &c.
Ꭺ.
A. justly taken, in bis House, or his Freehold, in the
G
Pledges, &c.
Replebih, Significs to let one to mainprife upon
Surety. 3 Ed. I. cap. 11.
Beplication, (Replicatio) Is an Exception or An-
fwer made by the Plaintiff in a Suit to the De-
fendant's Plea: And it is alſo that which the Com-
plainant replies to the Defendant's Anfwer in Chan-
cery, &c. Weft's Symb. par. 2. The Replication is to
contain Certainty, and not vary from the Declara-
tion, but muft purfue and maintain the Cauſe of
the Plaintiff's A&tion; otherwife it will be a De-
parture in Pleading, and going to another Matter.
1 Inft. 304 Though as a faulty Bar may be made
good by the Replication; fo fometimes a Replication
is made good by a Rejoinder; but if it wants Sub-
ftance, a Rejoinder can never help it. 2 Lill. Abr.
462. A Replication being entire, and ill in Part, is
ill in the Whole: But if there be three Replications,
and one of them is fuperfluous, and the other Two
fufficient, and the Defendant demurs generally, the
Plaintiff may have Judgment upon thofe which are
Re-fufficient. 2 Saund. 17. 1 Saund. 338. Where the
Defendant pleads in Bar, and the Plaintiff replies
infufficiently; if the Defendant demurs specially
upon the Replication, and the Bar is infufficient, if
the Action be of fuch a Nature that a Title is fer
forth
Form of a Writ of Replevin, or Replegiare de Averiis.
EORGE the Second, &c. We Command you,
that justly and without Delay you cauſe to be
plevied to A. B. his Beafts, which C. D. took, and un
jufly detaineth, as is faid; and after him thofe do you
cauſe juſtly to be deduced, &c.
"That ave may bear no
more Clamour thereupon for Defect of Justice, &c.
I
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forth in the Declaration or Count, as in a Formedon,
& Judgment may be given for the Plaintiff upon
the infufficient Bar of the Defendant: And where
the Title doth not appear till fet forth in the Repli-
cation, and that is infufficient, there Judgment fhall
be had for the Defendant for the ill Replication.
Godb. 138.
1 Leon. 75. 3 Nelf. Abr. 133. If the
Bar is naught, and the Replication likewife, the
Plaintiff fhall never have Judgment: So if there is
a Variance between the Declaration and the Repli-
cation, though there be a Verdi&t, &c. Hob. 13.
Style 356. And Replications conclude either with hoc
paratus eft verificare, or to the Country. In Action
on a Bond to pay all Sums expended about a cer-
tain Bufinefs, &c. on the Defendant's pleading he
paid all; the Plaintiff replies that he had not, Et hoc
paratus, &c. Upon a Demurrer it was held the
Plaintiff ought to have concluded to the Country; be-
cauſe there is an Affirmative and Negative, and if
he might be admitted to aver his Replication thus,
there would be no End in Pleading. Raym. 98. But
where new Matter is offered in a Replication, the
Plaintiff should aver his Plea, fo as to give the De-
fendant an Opportunity to rejoin. 4 Mod. 285.
Lutw. 98.
·
·
303.
Teftator, to receive Money and Affets. Co. Litt. 209.
303. Alfo Executors reprefent the Perſon of the
Reprefentative, A Deputy or Parliament Man.
Litt. Dict.
F.A
of one Thing in Satisfaction for another, derived
Bepifal, (Reprifale, or Reprifalia) Is the Taking
from the Fr. Reprife; and is all one in the Common
and Civil Law. King Hen. 4. enacted, That Appli-
cation being made to the Keeper of the Privy Scal,
by Perſons injured in the Lofs of Shipping at Sea
contrary to Treaties, &c. on Evidence fhewn, he
fhall fign Letters of Request to demand Reftitution
and Reparation; which if not made in convenient
Time, the Lord Chancellor of England is to grant
Letters of Reprifal, to obtain the fame by Force, and
for the Indemnity of the Perfons interested: And
this is confirmed by the Stat. 4 H. 5. cap. 7. Alfo
there are two Sorts of Reprisals, Ordinary and Ex-
traordinary; the Ordinary Reprifals are to arrest
and take the Goods of Merchant Strangers within
the Realm; and the other is for Sacisfaction out of
the Realm, and is under the Great Seal, &c. Lex
Mercat. 120. If any Perſon ſhall be killed, wound-
ed, ſpoiled, or any ways damaged in a hoſtile Man-
ner, in the Territories of any King or Potentate, to
whom Letters of Request are tranſmitted, and no
Satisfaction fhall be made, there is no Neceffity to
refort to the ordinary Profecution, but Letters of
Reprifal fhall iffue forth; and the Prince againſt
whom the fame are iffued, is obliged to make Satil
faction out of the Eltates of the Perions committing
the Injuries; and in Cafe of a Deficiency there, it
will then be adjudg'd a common Debt on his Coun-
try. But where Misfortunes happen to Perfons, or
their Goods, refiding in a Foreign Country in Time
of War, Reprisals are not to be granted: In this
Cafe they must be contented to fit down under the
Lofs, for they are at their Liberty to relinquish the
Place on the Approach of the Enemy, when they
forefee the Country is fubject to Spoil and Devafta-
tion; and if they continue, they muft partake of
the common Calamity. Lex Mercat. or Merih. Com-
pan. 174, 175. Reprifals may be granted on unjuſt
and illegal Profecutions abroad; where wrong Judg-
ment is given in Matters not doubtful, which might
have been redrefs'd either by the ordinary or ex-
traordinary Power of the Country or Place, and
which was apparently denied, c. See Letters of
Marque.
Beport, (From the Lat. Reportare) Is a publick
Relation, or bringing again to Memory, of Cafes
judicially argued, debated, refolv'd or adjudg'd in
any of the King's Courts of Juftice, with the
Caufes and Reafons of the fame as delivered by
the Judges. Co. Litt. 293. There are likewife Re
ports when the Court of Chancery, or other Court,
refer the Stating fome Cafe, c. to a Master of
Chancery, or other Referee, his Certificate there
in is called a Report: Upon which the Court makes
an abfolute Order. Pract. Solic. 67. A Mafter in
Chancery, having an Order of Reference, is to
iffue his Summons for the Parties to attend him at
a certain Time and Place; when and where they
may come with their Counfel, Clerk or Solicitor,
to defend themfelves, and maintain or obje&t a-
gainst his Report or Certificate, &c. And Mafters
are to draw their Reports briefly and as fuccinctly
as may be, preferving the Matter clearly for the
Judgment of the Court; without Recital of the
feveral Points of the Order of Reference, or the
Debates of Counfel before them; unless it be in
Cafes doubtful, when they may fhortly reprefent
the Reaſons which induce them to what they do.
Ibid. Reports and Certificates of Mafters in Chan-
cery are to be filed with the Regiſter in four Days
af er the Making and Signing; and to be confirm-
ed by the Court, to which Exceptions may be
made, &c. None fhall take any Money for the
Report of an Order or Caufe referred to them by
any Judges, on Pain of 51. &c. fo as not to prohi- Repzive, (from the Fr. Repris) Signifieth to take
bit the Clerk from taking 12d. for the first, and 2 d back or fufpend a Prifoner from the Execution and
for every other Sheet. Stat. 1 Jac. I. c. 10. But Proceeding of the Law for that Time. Terms de Ley
Mafters in Chancery, may take for every Report or 527. Every Judge that hath Power to order an
Certificate, made on an Order upon Hearing of a Execution, hath Power to grant a Reprive; and of
Caufe 205. And for any other Report, &c. made tentimes Execution is ftaid upon Condition of Tranf
upon Petition or Motion 10S. And their Clerksportation. But no Prifoner convicted of any Fe-
fhall have 5s. for writing every Report, by 13 Car. 2.lony, for which he cannot have his Clergy, at the
Vide Reference.
Reposition of the forest, (Repofitio Forefta, i. e. A
Re-putting to) Was a Statute whereby certain Foreft-
Grounds being made Purlieu upon View, were by a
fecond View put to the Forelt again. Manw. par. 1.
Repofitozium, (Lat.) A Storchoufe or Place
wherein Things are kept; alfo a Warehouſe. 3 Cro.
555.
Repofitus, Signifies any Thing laid up in Secret
or Private.
Reptiles, (Fr. Refumptions, or a Taking back)
Is uſed for Deductions and Payments out of a Ma-
nor or Lands, as Rent-Charges, Annuities, &c. And
therefore when we fpeak of the clear yearly Value
of a Manor or Eſtate or Land, we fay it is fo much
per Annum ultra Reprifas, befides all Repriſes.
Seffions of the Old Baily for London and Middleſex,
&c. ought to be reprived but in open Seffions; and
Reprives are not to be granted otherwife, without
the King's exprefs Warrant, not by Order of any
Juftices of Gaol-Delivery. Kel. 4. 2 Hawk. P. C.
463. Wood's Inft. 662. If a Woman is condemn'd
for Treafon or Felony, and fhe is found by an In-
queft or Jury of Matrons impanelled by the Sheriff,
. to be Quick with Child, Execution fhall be
refpited, and the Woman reprived till her Delivery ;
Repzesentation, (Repræfentatio) Is a Perfonating of though the fhall take this Favour but once; and
another: And there is an Heir by Reprefentation, he cannot fave herfelf by this Means from plead-
where a Father dies in the Life of the Grandfather, ing upon her Arraignment, nor from having Judg.
leaving a Son, who fhall inherit his Grandfather's ment pronounc'd against her on her Conviction.
Eftate, before the Father's Brother, &c. Bro. Abr. | S. P. C. 198. H. P. C. 272. Finch 478. Where 'tis
found
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found by a Jury of Women, that a Woman con-ecutors; but not till the Request is made. 3 Salk.
victed of Felony, is with Child, fome Judges have 309. 3 Bulft. 259. When a Perfon promiſes to pay
ufed to command a Refpite of her Execution until a a precedent Duty, the general Allegation Licet fapius
convenient Time, i. e. a Month after her Delivery, requifit is fufficient, becaufe there was a Duty with-
and then to be executed: But this is irregular, for
The may have a Pardon to plead, and therefore
ought to be reprived till the next Seffions. 12 Aff. 10.
1 Hale's Hift. P. C. 368, 369.
Repugnant, (Repugnans) Is what is contrary to
any Thing faid before: And Repugnancy in Deeds,
Grants, Indictments, Verdicts, &c. will make them
void. 3 Nelf. 135
2 Hawk. P. C. The Common
Law abhors Repugnancies and all Incongruities; but
the foriner Part of a Deed, &c. fhall ftand, where
the latter Part is Repugnant to it. Fenk, Cent. 251,
256.
out a Promife: As for Inftance; If one buys or bor-
rows a Horfe, and promifes to pay fo much upon
Request: But where the Promife is collateral, as to
pay the Debt of a Stranger upon Requeft, &c. the
Requeft is Part of the Agreement, and traverfable,
there being no Duty before the Promife made; and
for that Reafon the Requeft must be ſpecially al-
ledged, for the bringing the Action, will not be a
fufficient Request. Latch 93. 3 Leon. 200. I Saund.
35. 3 Salk. 308. If a Debt or Duty ariſes either
upon Bond or Contract, Licet fæpius requifitus is good;
contra where it becomes a Duty by the Request it
Reputation, (Reputatio) Is defined by Sir Edw. felf, when it is to be alledged fpecially. 3 Nelf. Abr.
Coke to be vulgaris Opinio ubi non eft veritas; and he 144. It has been adjudg'd, that where the Thing is
tells us, that vulgaris Opinio eft duplex, viz. Una orta a Duty before any Request made, a Request is only
inter graves & Diſcretos & qua vultum veritatis babet; alledged to aggravate Damages, and fuch Request is
altera orta inter leves & vulgares homines abfque fpecie not traverfable; but if the Request makes the Duty,
veritatis. 4 Rep. 104. That is not Reputation which as in Affumpfit to do fuch a Thing upon Request,
this or that Man fays; but that which generally there the Day, &c. of the Requeft ought to be al-
hath been, and many Men have faid or thought. ledged, because it is traverfable. Palm. 389. An
1 Leon. 15. A little Time is fufficient for the gain- Affumpfit to do a Thing upon Request, a Request muft
ing of a Reputation, which needs not a very ancient be alledged; and a fpecial Request must be laid to
Pedigree to establish it; for general Acceptation [be made fuch a Day, at fuch a Place; where the
will produce a Reputation. 2 Cro. 308. 1 Leon. But Duty is not upon Bond, &c. If a Request is to be
it has been held, that common Reputation cannot be fpecially made, the Day and Year when made fhould
2 Lill. Abr.
intended of an Opinion which is conceived of four be fpecially alledged. I Lutw. 231.
or five Years ſtanding; but of long Time. 2 Lill. 466. Cro. Car. 280. But where a Perfon is not re-
Abr. 464. And fome fpecial Matter must be aver-ftrained to make the Request by a Time limited, if
red to induce a Reputation. Ibid. Land may be re-made at any Time during his Life, it has been held
puted Parcel of a Manor; though not really fo. to be good. Cro. Eliz. 136. And a Request at any o-
i Ventr. 51. 2 Mod. 69. 3 Nelf. Abr. 137. And there ther Time than named may be given in Evidence.
Sid. 268.
is a Parish, and Office in Reputation, &c.
A Defendant pleaded the Statute of Li-
Reputation of Fame, Is under the Protection mitations in an Action on a Promiſe to pay ſo much
of the Law, as all Perfons have an Intereft in on Request, &c. And upon Demurrer the Plaintiff
their good Name; and Scandal and Defamation had Judgment; for though the Promife was within
are injurious to it, though defamatory Words are the Statute, yet the Dury was not, being no Duty
not actionable, otherwife than as they are a Da-till the Requeft was made, and the Action being
mage to the Eftate of the Perfon injured. Wood's
Inft. 37.
then brought within Time after the Breach, 'tis
good. Cro. Car. 98. At a Trial the Defendant
would have the Plaintiff prove the Request; but it
was ruled that he need not; for not being traverſed
in the Plea, 'tis admitted. I Lev. 166. In a special
Action on the Cafe for keeping a Paffage ftopt up,
fo that the Plaintiff could not come and cleanfe his
Gutter, &. after a Verdict for the Plaintiff, it was
objected in Arreft of Judgment, that the Plaintiff
ought to have fet forth a Request to the Defendant
To open the Paffage; and this was held a good Ob-
jection after a Demurrer, but not after a Verdict.
Mod. 27. Unreafonable Requests are not regarded
in Law; and there is
Thing is to be done upon Requeft, and reaſonable
Requeft. Dyer 218. Cro. Car. 176. 3 Nelf. Abr. 140,
142.
1
no Difference where a
་
Requests Court of, The Place where held being
anciently called Camera Alba, is taken away by A&
of Parliament. See Court of Requests.
Bequet, Of Things to be done; Where one is
to do a Collateral Thing, agreed on making a Con-
tra&t, there ought to be a Request to do it. 2 Lill.
Abr. 464. If a Duty is due, it is payable without
Request: On Promife to pay a Duty precedent on
Request, there needs no actual Request; but upon a
Promife for a Penalty or Collateral Sum, there
fhould be an actual Request, before the Action is
brought. Cro. Eliz. 74. 1 Saund 33. 1 Lev. 289.
If a Debt is before a Promife, a Request is not ne
ceffary, for then a Request is not any Caufe of the
Action; though a Promile generally to pay upon
Request, the Action arifes upon Request and not be-
fore. Cro. Fac. 201. 1 Lev. 4S. Action of Debt,
for Money duc on a Bond, may be brought without
alledging a fpecial Request; and if the Action is for
Debt, not appointed to be paid upon Request, there
needs no fpecial Request to be laid in the Declara-
tion; otherwife if it is of a Thing collateral. Cro.
Eliz. 229, 523. A Man promifes to re-deliver upon
Request, fuch Goods as were delivered to him; if an
A&tion of Detinue is brought, the Plaintiff need no Refceit, (Receptio) Is. an Admiffion or Receiving
alledge a fpecial. Requeft, becauſe the Action is for of a third Perfon to plead his Right in a Caufe for-
the Thing it felf: But if an Action of the Cafe is merly commenced between two other Perfons; as
had for thefe Goods, then the Requeft must be fpeci- where an A&tion is brought against Tenant for Life.
ally alledged; as it is not brought for the Thing or Years, or any other particular Tenant, and he
it felf, but for Damages. Sid. 66. 3 Salk. 309. If makes Default, in fuch Cafe. he in the Reverfion
a Promife is made to pay Money to the Plaintiff may move that he may be received to defend his
upon Request, no fpecial Requeft is required: But Right, and to plead with the Demandant: Refceit
where there are mutual Promifes between two Per- is likewife applied to the Admittance of a Plea,
fons to pay each other Money upon Request, if
they do not perform fuch an Award, the Request is
to be fpecially alledged. And if there is a Promife
to pay Money to a Man upon Requeft, and he dies
before any Request made, it shall be paid to his Ex-
+
Bere County, Writs ſhall be delivered in the
full County, or Rere County. Stat. 2 Ed. 3. cap. 5.
Vide Rier County.
where the Controverfy is between the fame two
Perfons. Broke 205. Co. Litt. 192. Nelf. 3 Abr. 146.
He in Reverfion may come into Court, and pray to
be received in a Suit againft his particular Tenant;
and after fuch Refceit the Bufinels fhall be haftned,
as
}
1
I
RE
RE
1
As much as may be by the Law, without any De-
lay of either Side. Stat. 13 R. 2. cap. 17. And 'tis
faid a Wife ſhall be received, in Default of her
Husband, &c. 2 Lill. Abr. 467. But Refceit is ad-
mitted only for them who have Eftates depending |
upon particular Eftates for Life, Tenants by the
Curtely, or after Poffibility, &c. and not for him
in Remainder after an Estate-tail, which is perdu-
rable. 1 And. 133. And Husband and Wife were
Tenants for Life, Remainder to another in Fee;
a Formedon was brought against the Husband, who
made Default after Default; and thereupon the
Wife pray'd that she might be received to defend
her Right; but it was denied by the Court; because
if the Defendant fhould recover againſt her Huf-
band, it would not bar her Right if the furvived
him, and therefore it would be to no Purpofe. Then
he in Remainder prayed to be received, which at
first the Court doubted, by Reafon if the Husband
fhould recover, he might falfify fuch Recovery;
and becauſe his Eftate did not depend upon the
Eftate of the Husband alone, but upon the Eftate
of Husband and Wife; but at laft he was received. |
1 Leon. 86. The Statute of Gloucefter enacts, that a
Termor may be received to falfify, if he hath a
Deed, and comes before Judgment; this is where
he in Reverſion caufeth himſelf to be impleaded
by Collufion, to make the Termor lofe his Term,
¿Pc. 6 Ed. 1. c. II And if any Stranger come in
by a collateral Title, before he is received, he ſhall
find Surety to fatisfy the Demandant the Value of
the Lands if he recovers from that Time till final
Judgment; and the Demandant recovering, he fhall
be grievously a merced, c. by Stat. 20 Ed. 1.
•
Belceit of Homage, (Receptio Homagii) The Lord's
receiving Homage of his Tenant, at his Admiffion
to the Land. Kitch. 148.:
Belcous, (Refcuffus) from the Fr. Refcouffe, i. c.
Liberatio) Is an illegal Taking away and fetting at
Liberty of a Diftrefs taken; or a Perfon arrested by
Procefs or Courfe of Law: And where a Man has
taken a Diftrefs, and the Cattle diftrained as he is
driving them to the Pound happen to go into the
Houſe of the Owner; if he that took the Diftrefs
demand them of the Owner, and he delivers them
not, this is a Reficus in Law. Co. Litt. Alfo it is
ufed for a Writ which lies for this Fa&t, called
Breve de Refcuffu. F. N. B. 101. Reg. Orig. 105.
Refious is a forcible Refiftance and a Refcuing of
any Thing, or of a Perfon arrefted, and procuring
an Efcape against Law. 1 Inft. 160. And there
must be a Diftrefs, or an Arreft, or there cannot
be a Refcue. Wood's Inft. 191. If a Diftrefs is taken
without Caufe, as where no Rent is due; or if one
diftrain out of his Fee, or in the Highway; or
diftrains Averia Caruce, where there is a fufficient
Diftrels befides; or if the Landlord diftrains any
Thing that is not diftrainable, one may make Ref-
cous: And this may be done by the Tenant, when
any Thing of his is wrongfully diftrained; or by a
Stranger, when his Goods are diftrained without
juft Caufe, &c. But if the Distress was made upon
good Caufe, the Owner cannot make Refcous as
they are going to the Pound; and notwithſtanding
the Distress be without Caufe, if it be impounded,
the Owner cannot break into the Pound to refeue
the Diftrefs. 1 Inft. 47, 160. 4 Rep. 11. Where the
Owner of the Cattle, before Diftrefs, tenders his
Rent, and a Diftrefs is afterwards taken, it is
wrongful, and the Tenant may make Refcous; tho'
if he tender after the Diftrefs, it is otherwife; he
cannot make Refcous, the Taking being lawful.
i Inft. 160 2 Inft. 107. 8 Rep. 147. A Tender of
Amends to a Bailiff is not good; for he cannot
deliver the Diftrefs when once taken. Wood 192.
In Refcous, the Plaintiff declared that he had di-
trained forty Sheep of the Defendant's, and eighty
Sheep of another Perfon's Damage-fealant, and
•
·
that the Defendant took, chafed and reſcued all of
them; the Defendant juftified the putting his forty
Sheep in the Place where, c. having Right of
Common there, and that the Plaintiff de injuria fua
propria chafed them, and that the Defendant would
have taken them from him, but they ran among
the other eighty Sheep of the Stranger, and he
folded them, and because he could not fever them,
he chafed them to the Fold, que est eadem Refcuſſio :
And upon Demurrer the Plaintiff had Judgment,
becaufe, though the Defendant had fome Colour to
refcue his own Sheep, he had none to rescue the
Sheep of the other Perfon. 2 Cro. 468. Unlawful
Refcous of Goods diftrained, and Pound Breaches,
incur treble Damages; recoverable by Stature on
Action of the Cafe. 2 W. & M. Goods were lc-
vied on a Writ of Fieri facias, and the Sheriff re-
turned that they were refcued from him by A. B.
contra voluntatem; adjudged, that no Refious can be
on a Fi. fac. for that lies only on a Capias against
the Perfon himself, and cannot be of Goods feifed;
but the Party injured may have an A&tion on the
Cafe againſt A. B. who made the Refous. Hetley
145. In Reſcous of one arrested, it has been held,
that the Plaintiff,, at whoſe Suit an Arrest is made
upon mefne Procefs, may have his Action againſt
the Refcuers; and he cannot bring it against the
Sheriff: And where a Perfon is refcued, taken upon
a Capias ad fatisfaciend. A&tion lies for the Plaintiff,
as well against the Reſcuers as the Sheriff. Co. Fac.
486. Cro. Car. 109. For a Refcous in Action upon
the Cafe, the Plaintiff alledged, that he recovered
against A. B. in Debt, and that he was taken by
the Sheriff on a Capias ad fatisfaciendum, and the
Defendant refcued him: It was adjudg'd this Ac-
tion did lic by the Plaintiff against the Defendant;
who is not bound up to ſue the Sheriff, and he to
have his Remedy against the Refeuers: And if
the Plaintiff recover, and they are after fued by
the Sheriff, this may be pleaded in Bar. Hughes's
Abr. 1734, 1736. If a Sheriff return, that the De-
fendant refcued himself, it is not good: Yet the
Defendant fhall not take Advantage of his own
Wrong. 1 Cro. 174, 185. On Action for an Eſcape
on mefne Proceſs, if the Sheriff pleads a Refcous,
it fhall be good; but not upon an Execution, where
the Sheriff may raife the Poffe Comitatus to fecure the
Prifoner; or when the Priſoner is in Gaol. 2 Lev.
144 3 Lev. 46. 2 Inft. 105, 193. But a Sheriff.
return'd a Refcous of the Perfon whom he had taken
by mefne Procefs; and it was ruled no good Return,
for he might upon that Procefs raife the Poffe Co-
mitatus. Noy 40.
2 Cro. 419. 3 Nelf. Abr. 149.
The Sheriff cannot return a Refous made upon a
Special Bailiff, not known to the Country; it ought
to be upon the Sheriff's known Bailiff. 2 Lill. Abr.
468. And the Return of a Refcous must be, that
the Party was refcued out of the Cuftody of the
Sheriff, and not of the Bailiff; though the Fact
was that he was refcued out of the Bailiff's Cuftody;
for the Sheriff is the Officer, and the Bailiff is but his
Servant; yet a Return of a Refcue out of the Cuftody
of the Sheriff's Bailiff hath been held fufficient. I
Lev. 214. 2 Lev. 26. And it hath been refolved, that
if an A&tion on the Cafe is brought for a Ref ous, it
is well enough for the Plaintiff to declare fecundum
veritatem facti ; but if the Defendant is indicted, it
muſt be fecundum veritatem Legis, viz. That the Pri-
foner was reſcued out of the Cuftody of the Sheriff.
5 Mod. 216. Reſcuers may be indicted, or Action
may be brought against them; though if on an In-
dictment of Refcous, the Place where, and Time
when the Refcous was made be not expreſs'd, it is
not good. Trin. 23 Car. B. R. The Sheriff return'd
a Refcous, but did not fet forth the Place where it
was made; this was held infufficient, though he
fhewed where the Party was arrested. Dyer 69
Moor 428. See Cro. Fac. 345. And upon a Latitas
S. L
4
awarded
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awarded againſt a Defendant, the Sheriff return'd a
Refcous on fuch a Day, without mentioning any
Place, &c. and adjudged a void Return; becauſe
it did not appear that the Arreft or Refous were
within his Jurifdiction: But if it had appeared to
be done in the County, it fhall be intended within
his Bailiwick, though within a Liberty in the fame
County; and in fuch Cafe the Refous had been un-
lawful. Yelo. 51. An Indictment for a Refcous return'd
in B. R. ought not to be quafhed, although it be
erroneous, except the Party that is indicted for it
do perfonally appear in Court; for he cannot in
fuch Cafe appear by Attorney, the Offence being |
criminal. 21 Car. B. R. If the Writ upon which
a Defendant is arrefted be naught, and Refcous is
made; there is no Remedy against the Refcuers.
2 Lill. Abr. 468. But if it is alledged that the Party
was lawfully arrefted, it fhall be intended by a good
Warrant, though it be not fet forth that he was
taken by Virtue of any Warrant: And where the
Warrant was ſet forth in Writing, but it was not
faid fub figillo figillat', it was allowed to be good;
but in another Cafe difallowed, becauſe it is no
Warrant if not under the Seal of Office. 2 Cro. 472.
3 Nelf. Abr. 149. In Cafe for a Refcous, Holt, Chief
Juft. doubted whether an Arreft was lawful, being
made by the Bailiff's Servant, and not in his Pre-
fence; but faid the Plaintiff muft prove his Caufe
of Action againſt the Perfon arrefted and reſcued:
That he must prove the Writ and Warrant, by
producing fworn Copies of them; the Manner of
the Arreft, that it may appear to the Court to be
legal; and in Point of Damage, he is to prove the
Lofs of his Debt, viz. that the Parry refcued be-
came infolvent, or could not be re-taken. Mod. Ca.
211. Where a Bailiff hath a Warrant to arreft a
Man, and is hindered in the Execution of his Office
by another; if there is no actual Arreft, it cannot
be a Refcous, but it is a great Contempt of the Court.
Ibid. Procefs of Outlawry lies on the Return of a
Refcous; and Peers of the Realm, Spiritual or Tem-
poral, are liable to an Attachment for Refcous, &c.
2 Hawk. P. G. 302, 152. When a Refcous is made,
it must be returned upon the Writ, and then it is
proper to move the Court for at Attachment againft
the Refcuers; and not to grant it on Affidavits:
So where the Refous is returned to the Filizer, and
Procefs of Outlawry iffues, upon which the Rescuers
are brought into Court, they fhall not be bailed upon
Affidavits; but where an Attachment is granted,
and they are examined on Interrogatories, upon
anfwering them the Refcuers fhall be difcharged
It is the Courſe upon the Return of a Refcous, to fet
four Nobles Fine upon each Refcuer. 2 Salk. 586.
The Sheriff having returned a Refcous, as he muft
on the Writ when the Return thereof is call'd for;
the Partics that made the Reſcue are to anſwer to
it; and if it be found against them, they may be
fined for it: Or the Party grieved may have the
Writ of Refcous against them. 2 Bulft. 137. Refcuing
a Prifoner in or before the Courts of Juftice at
Westminster, is liable to Forfeiture of Lands and
Goods, and perpetual Impriſonment. And Refcu-
ing a Felon lawfully arrefted for Felony, is Felony
in the Reſcuers; and fo of Treafon, c. S. P. C.
&c.
31. H. P. C. 131. 3. Inft. 141.
Form of the Writ of Refcous.
EORGE the Second, &c. To the Sheriff of M.
G
Greeting: If A. B. fball make you fecure, &c.
then put C. D. &c. to fhew why, whereas the faid A.
B. at, &c. certain Beasts of the faid C. D. had taken,
and diftrain'd for Rent, &c. And thofe there according to
the Law and Cuſtom of our Kingdom of England, would
have Impounded, the faid C. D. the Beasts aforesaid with
Force of Arms Reſcued, and other Enormities there did,
|
to the Contempt of us, and grievous Damage of the faid
A. B. and against our Peace, &c.
Or put E. F. and G. H. to Anſwer, &c. why, where-
as the faid A. B. according to the Duty of bis Office, C. Di
whom by our Sheriff of the County aforesaid by Writ to
him directed, we commanded to be taken, at L. by Virtue
of our faid Writ had taken, and him to our Prison of,
&c. there to abide, would have conveyed, the faid E. F.
and G. H. him the faid C. D. at L. aforesaid, with
Force of Arms Refcued, and other Enormities, &c.
Befcuffor, The Party that commits fuch a Refcous.
2 Cro. 419.
Refeiler, (Refeifire) Is the Re-taking of Lands
into the Hands of the King, where a general Livery
or Oufter le main was formerly mifufed, contrary
to the Order of Law. Staundf. Prerog. 26.
Referbation, (Refervatio) A Keeping afide, or
Providing; as when a Man lets or departs with his
Land, but referves or provides for himſelf a Rent
out of it for his own Livelihood; and fometimes it has
the Force of a Saving or Exception. 1 Inft. 143.
Exception is always of Part of the Thing granted,
and of a Thing in Being: And a Refervation is of a
Thing not in Being, but is newly created out of the
Lands or Tenements demifed; though Exception
and Refervation have been uſed promifcuously. i Inft.
47. The proper Place for a Refervation, is next
after the Limitation of the Eftate; and Refervation
of Rent may be every two, three or more Years;
as well as Yearly, Half-yearly, Quarterly, &c.
Inft. 47. 8 Rep. 71. It must be out of an Houfe, or
Lands; and be made either by the Words Yielding
and Paying, &c. or the Word Covenant, which is of
both Leffor and Leffee, and therefore makes a Re-
fervation. Roll. Rep. 8o. The Refervation of Rent is
good, although it is not referved by apt and uſual
Words, if the Words are equivalent. Plowd. 120.
3 Nelf. Abr. 150. But Refervation of a Rent fecundum
Ratam, is a void Refervation. 2 Ven. 272. See Red-
dendum, Rent, &c.
Reliance, (Refiantia) Signifies a Man's Abode or
Continuance; whence comes the Participle Refiant,
that is continually dwelling or abiding in any Place;
and is all one with Refidence; but that Cuftom ties
this only to Perfons Ecclefiaftical. Old Nat. Br. 85.
Kitch. 33.
Befiant-Rolls, i. e. Rolls containing the Refiants
Names of a Tithing, &c. which are to be called
over by the Steward on holding Courts Leet. Comp.
Court Keep.
Refidence, (Refidentia) Is peculiarly ufed both in
the Canon and Common Law, for the Continuance of
a Parfon or Vicar upon his Benefice: And perfonal
Refidence is required of Ecclefiaftical Perfons on their
Cures, upon Pain of forfeiting 101. for every Month.
Stat 21 H. 8. cap. 13. One of the great Duties in-
cumbent upon Clergymen, is that they be Refident
upon their Livings: And on the firft Erecting Pa-
rochial Churches, every Clergyman was obliged to
refide on his Benefice, for Reading of Prayers,
Preaching, &c. by the Laws and Canons of the
Church; and by Statute, the Parfon ought to abide
upon his Rectory in the Parfonage-Houfe; for the
Statute is intended not only for ferving the Cure,
and for Hospitality, but to maintain the House in
Repair, and prevent Dilapidations: Tho' lawful
Impriſonment, Sickness, &c. being Things of Ne-
ceffity, are good Caufe of Excufe for Abfence, and
excepted out of the A&t by Conſtruction of Law:
And it is the fame where a Perfon is employed in
fome important Bufinefs for the Church or King;
or he is entertained in the King's Service. 6 Rep.
21. 1 Cro. 580. In an Information on the Statute
afore-mentioned, it was adjudged that the Parfon
is to live in his Pafonage Houfe, and not in any
other, though in the fame Parish. But as by Stat.
13 Eliz. cap. 20. Leafes made by Parfons aré de-
or
clared
I
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clared void, where the Parfon is abfent above eighty Ibid. Before Acceptance of the Refignation by the-
|
Days in any one Year, &c. On this A&t a Defen- Bishop, no Preſentation can be had to the Church;
dant pleaded to an Agreement for Tithes, that the but as foon as the Acceptance is made, the Patron
Parfon was abfent from his Parfonage by the Space may prefent to the Benefice refigned And when
of eighty Days in one Year; and the Jury the Clerk is inftituted, the Church is full against all
found that he dwelt in another Town adjoining, Men in Cafe of a common Perfon; though before
and came conftantly to his Parish Church four Days Induction, fuch Incumbent may make the Church
in every Week, and there read Divine Service; and void again by Refignation. Count. Parf. Compan.
it was held, that this was not fuch an Abfence as is 106. A Parfonage is not to be granted over by the
intended by the Statute to avoid any Agreement or Incumbent, but it may be refigned; and Refignations
Leaſe made by the Parfon. 1 Bulft. 112. A Perfon are to be abfolute, and not conditional; for it is a-
allow'd to have two Benefices, may Demife or Leafe gainft the Nature of a Refignation to be conditional,
one of them (on which he is Non-Refident) to his being a judicial A&t. 3 Nelf. Abr. 157. If any
Curate only; but if the Curate leafes over, fuch Incumbent fhall corruply resign his Benefice, or
Leafe fhall laft no longer than during the Curate's take any Reward directly or indirectly for refigning
Refidence, without Abfence above forty Days in the fame, he fhall forfeit double the Value of the
any one Year. 1 Leon. 100. See 1 Cro. 123. Some Sum, &c. given, and the Party giving it, be inca-
Words in the A&t 13 Eliz. as to Leafes by Parfons pable to hold the Living. Stat. 31 Eliz. cap. 6. But
not Refident, repealed, vide 14 Eliz. c. 11. And fee a Man may bind himself by Bond to refign, and it
Non-Refidence.
is not unlawful, but may be upon good and valua-
ble Reafons; as where he is obliged to refign if he
take a fecond Benefice, or if he be Non refident by
the Space of fo many Months, or to refign on Re-
Residuary Legatee, Is he to whom the Refiduum queft, if the Patron fhail prefent his Son or Kinf
of the Eſtate is left by Will. And fuch Legatee man when he ſhould be of Age capable to take the
being made Executor with others, fhall retain a-Living, &c. Cro. Fac. 249, 274. Though Bonds
gainst the reft: Where there are two Refiduary for Refignation of Benefices have no Encouragement
Legatees, and one dies Inteftate, his Adminiftrator in Chancery; for on fuch Bonds generally the In-
fhall have a Moiety of the Surplus of the Perfonal cumbent is relieved, and not obliged to refign. 1
Eftate of the Teftator, contrary to joint Executors, Roll. Abr. 443. A Parfon's Refufal to pay his
who are not intitled to Moieties; becaufe by making Tenths, 'tis faid is a Refignation, for which he may
them Refiduary Legatees, the Teftator intended an
equal Share to both: And if a Refiduary Legatee die
before the Will is proved, his Executor fhall have
Adminiftration, &c. 6 H. 7. 1 Chanc. Rep. 238. Show
26. See Executor.
Refidens, Is a Tenant who is bound Refidere on
his Lord's Land, and not to depart from thence,
Leg. Hen. 1. cap. 43.
be deprived. Owen 5. And where Refignation is
actually made de Ecclefia, it extends to all the Lands
and Poffeffions of the Church. Cro. Fac. 63. The
ufual Words of a Refignation are Renuncio, Cedo, Di-
mitto, and Refigno; and the Word Refigno is not a
proper Term alone.
2 Roll. 350.
I
Form of a Refignation of a Benefice.
&
Befignation, (Refignatio) Is the Yielding up a
Benefice into the Hands of the Ordinary, called
by the Canonifts Renunciation; and though it is all
one in Nature with the Word Surrender, yet it is
by Ufe reftrained to the Yielding up a Spiritual N Dei Nomine Amen. Ego A. B. Recor Incum-
Living to the Bishop, as Surrender is the Giving up bens Ecclefia Parochialis de, &c. in com. & Dices.
of Temporal Land into the Hands of the Lord. Oxon. Volens & ex certis Caufis & Confiderationibus
And a Refignation may now be made into the Hands veris, juftis & legitimis me in bac parte Specialiter mo-
of the King as well as the Diocefan, becauſe he ventibus, ab onere, Cura & Regimine dicta mea Rectoria,
has fupremam Authoritatem Ecclefiafticam, as the Pope de, &c. & pertinen. ejufdem penitus exonerari, eandem
had here in ancient Times; though it has been ad-Rectoriam meam Ecclefiam Parochialem præd. und
judged that a Refignation ought to be made only to cum fuis juribus, membris pertinentiis Univerfis, in
the Bishop of the Dioccfe, and not to the King; manus Reverendi Patris Johannis permiffione Divina
because the King is not bound to give Notice of Oxonie Epifcopi loci iftius Ordinarii & Dicecefani, vel
the Refignation to the Patron, as the Ordinary is; ejufdem Vicarii in Spiritualibus Generalis feu alterius
nor can the King make a Collation himſelf, without cujufcunque hanc meam Refignationem admittend. Poteftä-
Prefenting to the Bishop. Plowd. 498. Roll. Abr. tem habentis vel habituri, non vel in metu coactus, nec
358. Every Perfon that refigns a Benefice, muft dolo malo ad idem inductus, nec aliqua finiftra machina-
make the Refignation to his Superior; as an Incum-tione motus, fed ex certa Scientia, animo deliberato &
bent to the Biſhop, a Biſhop to the Archbishop, and Spontanea voluntate meis pure, fimpliciter as abfolute
an Archbishop to the King, as fupreme Ordinary; Renuncio & Refigno, ac re verbo vacuam dimitto, jure
and a Donative is to be refign'd to the Patron, and quoque titulo Poffeffione meis in eadem Rectoria five
not the Ordinary; for in that Cafe the Clerk re- Parochiali Ecclefia, una cum fuis juribus, Membris &
ceiv'd his Living immediately from the Patron. I pertinentiis Univerfis præhabitis & mihi hactenus conceffis
Rep. 137. A common Benefice is to be refign'd to omnibus & fingulis Renuncio ecfdemque Cedo & ab iif.
the Ordinary, by whofe Admiffion and Inftitution dem vecedo totaliter expreffe in his Scriptis. In cujus
the Clerk first came into the Church: And the Re- Rei Teftimonium nomen & figllum meum his præfentibus
fignation must be made to that Ordinary who hath appofui die & Anno, &c.
Power of Inftitution; in 'whofe Diſcretion it is ei-
ther to accept or refufe the Refignation; as the Law
hath declared him the proper Perfon to whom it
ought to be made, it hath like wife impowered him
to judge thereof. 2 Cro. 64, 198. The Inftrument
of Refignation is to be directed to the Bishop, and
when the Bishop hath accepted of it, the Refigna-
tion is good, to make void the Church, and not be-
fore; unless it be where there is no Cure, when it
is good without the Acceptance of the Bishop. A
Refignation, may be made before a Publick Notary,
but without the Bishop's Acceptation it doth not
make the Church void: The Notary can only atteft
the Refignation, in order to its being prefented, &c.
Befignation of Dffices, If Man can have no
Title to the Profits of an Office, without the Ad-
miffion or Confirmation of a Superior, there the
Refignatian of that Office muſt be to him.
3 Nelf.
Abr. 158.
Belozt, (Refortum) Signifies the Authority or Ju-
rifdi&tion of a Court: Salvo tamen tam Reforto quam
aliis jure noftro, & jure etiam alieno. Spelm. Dernier
Refort, the laft Refuge.
Befpectu computi Micecomitis habendo, Is a
Writ for the Refpiting a Sheriff's Account, di-
rected to the Treafurer and Barons of the Exchequer.
Reg. Orig. 139.
Belpite,
RE
RE
Refpite, (Reſpectus) A Delay, Forbearance, or
Continuation of Time. Glanvil, lib. 12. c. 9.
Car, 2.
Refpondeat Superioz. If Sheriffs of London are
infufficient, the Mayor and Commonalty must answer
for them: And pur Infufficience del Bailiff d'un Liberty,
Refpondeat Dominus Libertatis. 4 Inft. 114. Stat.
44 Edw. 3. cap. 13. If a Coroner of a County is
infufficient, the County as his Superior fhall answer
for him. Wood's Inft. 83. A Gaoler conftitutes an-
other under him, and he permits an Efcape, if he
be not fufficient, Refpondeat Superior; and fuperior Of
ficers must answer for their Deputies in Civil Actions,
if they are infufficient to anfwer Damages. Dr.
Stud. cap. 24.
ྃ་
to the Sheriff to put the Party in Poffeffion of the
Lands recovered from him by the erroneous Judg-
Befpite of Homage, (Refpectus Homagii) Is the ment; though there ought to be no Reftitution grant-
Forbearance or Delay of Homage, which ought to ed of the Poffeffion of Lands, where it cannot be
be performed by Tenants holding by Homage, &c. grounded on fome Matter of Record appearing to
though it had the most frequent Üle for fuch as the Court. Hill 22 Car. And Perfons that are to
held in Knight-Service and in Capite, who formerly reftore, are to be Parties to the Record; or they muft
paid into the Exchequer every fifth Term föme fmall be made fo by fpecial Scire fac. Cro. Car. 328.
Sum of Money to be refpited their Homage: But 2 Salk. 587. If a Leafe is taken in Execution up-
this Charge being incident to and arifing from on a Fieri fac. and fold by the Sheriff, and after-
Knight-Service, it is taken away by the Statute 12 wards, the Judgment is reverfed; the Reftitution
muſt be of the Money for which it was fold, and
Refpondeas Dulter, To anſwer over in an Ac- not the Term. Cro. Fac. 246. Moor 788. But a
tion to the Merits of the Caufe, &c. If a Demur-Sheriff extended Goods and Lands upon an Elegit,
rer is joined upon a Plea to the Jurifdiction, Per- and returned that he took a Leafe for Years, which
fon, or Writ, &c. and it be adjudged againſt the he fold and delivered to the Plaintiff as Bona &
Defendant, it is a Refpondeat Oufter. Jenk. Cent. 306. Catalla of the Defendant for the Debt, and after-
See Fudgment.
wards the Judgment was reverfed for Error; and
it was adjudged that the Party fhall be reftored to
the Leafe, becaufe the Elegit gave the Sheriff no
Authority to fell the Term, and therefore a Writ
of Reftitution was awarded. Telv. 179. And there
has been in this Cafe a Diftinction made between
compulfory and voluntary Acts done in Execution
of Juftice; where the Sheriff is commanded by
the Writ to fell the Goods, and where he is not,
when the Goods are to be restored, &c. 8 Rep. 96.
If the Plaintiff hath Execution, and the Money is
levied and paid, and afterwards the Judgment is
reverfed, there the Party fhall have Reftitution
Refponfalis, (Qui Refponfum defert) Is he that ap- without a Scire fac. for it appears on the Record
pears and answers for another in Court at a Day what the Party had loft and paid; but if the Mo-
affigned. Glanvil, lib. 12. cap. 1. And Fleta makes a ney was only levied, and not paid, then there
Difference between Refponfalem, Atturnatum, and must be a Scire fac. fuggefting the Sum levied, c.
Effoniatorem; and fays that Refponfalis was for the And where the Judgment is fet afide after Execu-
Tenant, not only to excufe his Ablence, but to fig. tion for any Irregularity, there needs no Scire facias
nify what Trial he meant to undergo, the Combat for Reflitution; but an Attachment of Contempt, if
or the Country. Fleta, lib. 6. cap. 21. This Word upon the Rule for Reftitution, the Money is not re
is made ufe of in the Canon Law, & fignificat proftored. 2 Salk. 588. In a Scive facias quare Reftitu-
tion', &c. the Defendant pleaded Payment of the
curatorem vel eum qui abſentem excufat.
Refponfions, (Refponfiones) Was applied chiefly Money mentioned in the Sci. fac. and it was held
by the Knights of St. John of Jerufalem, to certain to be no Plea. Cro. Car. 328. But now Payment is
Accounts made to them by fuch as held their Lands, a good Plea to a Scire fac. by the Stat. 45 Ann.
Exc. 32 Hen. cap. 24.
2 Lill. Abr. 419. Upon a Vi Laica removenda a Par
Refponfum, A Word uſed for Buſineſs: Pope Alex-fon was put out of Poffeffion; and upon a Sug
ander ient two Perfons to King Edw. 1. pro Refponfis geftion thereof, and Affidavit made, Reflitution wa
ordered. Cro. Eliz. 465. The Juftices of Peace,
Ecclefiafticis. Blount.
before whom an Indictment for forcible Entry is
found, must give the Party Reftitution of his Lands,
Reftitution, (Reftitutio) Is a Reftoring any Thing &c. who was put out of Poffeffion by Force. Stat.
unjustly taken from another: It fignifies alfo the S Hen. 6. But where one is indicted for a forcible
fetting him in Poffeffion of Lands or Tenements, Entry, and the Party indicted traverses the In-
who had been unlawfully diffeifed of them. Crompt. dictment, there cannot be Reftitution before Trial
Inft. 144. And Reftitution is a Writ which lies where and a Verdict, and Judgment given for the Party,
a Judgment is reverfed, to restore and make good to though the Indictment be erroneous; it being too
the Defendant in the Action what he hath loft: late to move to quash the Indictment after the Tra-
The Court which reverfes the Judgment, gives up-verfe, which puts the Matter upon Trial. 2 Lill.
on the Reverfal a Judgment for Reftitution; where- 473, 474: A Perfon being attainted of Treaſon, &c.
on a Scire facias quare Reftitutionem habere non debet, re- he or his Heirs may be restored to his Lands, &c. by
citing the Reverfal of the Judgment, and the Writ the King's Charter of Pardon; and the Heir by Pe-
of Execution, &c. muft iffue forth. 2 Lill. Abr. 472. tition of Right may be restored, if the Ancestor is
But the Law doth oftentimes reftore the Poffeffion to executed: But Reftitution of Blood muſt be by A&
one without a Writ of Reftitution, i. e. by Writ of of Parliament; and Reftitutions by Parliament are
Habere facias Poffeffionem, &c. in the common Pro- fome of Blood only, fome of Blood, Honour, Inhe-
deeding of Juftice upon a Trial at Law. Ibid. 473.ritance, c. 3 Inft. 240. 1 Inft. 8, 391. The King
And there is a Reftitution of the Poffeffions of Lands may restore the Party or his Heirs to his Lands,
in Cafes of forcible Entry; a Reftitution of Lands to and the Blood, as to all Iffue begotten after the At-
an Heir, on his Anceftor's being attainted of Treafon tainder. Ibid. There fhall be a Writ of Reftitution
or Felony and Reftitution of ftolen Goods, &c. A Writ granted the Owner of ftolen Goods, by the Court where
of Reftitution is not properly to be granted but where a Felon is tried on Indictment, after the Attainder
the Party cannot be restored by the ordinary Courfe of the Felon, as in Cafe of Appeal of Robbery.
of Law; and the Nature of it is to restore the Party 21 Hen, 8. cap. 11. And it may be alfo of Money
to the Poffeffion of a Freehold, or other Matter of when the Felon is convicted of the Felony by Rea-
Profit, from which he is illegally removed; and it fon of the Evidence given by the Party robbed, or
extends to Restitution on Mandamus to any Publick by his Procurement, &c. And by this Statute Ex-
Office. Trin. 23 Car. B. R. 2 Lill. 472, 473. Where ecutors and Adminiftrators fhall have Reftitution of
a Judgment for Land is reverfed in B. R. by Writ Goods, and it is faid notwithtanding Sale in Mar-
of Error, the Court may grant a Writ of Reflitution ket-overt. 2 Inft. 714. 3 Inft. 242.
|
5 Rep. 109.
Heftare, i. e. To stay or top; it is mentioned in
Matt. Par. 5.15.
1
7
If
I
RE
RE
If Goods ftolen are not waived by Flight, or feifed
for the King, the Party robbed may take his Goods
again without profecuting the Felon; but after
feifed for the King, they may not be restored with
our Appeal or Indictment. Kel. 48. 2 Hawk. P. C.
168.
Re-reftitution, Is when there hath been a Writ
of Reflitution before granted: And Reftitution is
generally Matter of Duty; but Re-reftitution is
Matter of Grace. Raym. 85. A Writ of Re-reftitu-
tion may be granted upon Motion, if the Court
fee Cauſe to grant it. And on Quafhing an In-
dictment of Forcible Entry, the Court of B. R.
may grant a Writ of Re reftitution, &c. 2 Lill. Abr.
474.
against one Joint-Trefpaffer, it is a Releaſe to the
other. Cro. Eliz. 762. But if a Retraxit be entred
as to one Appellee in Appeal of Murder, the Suit
may be continued against the Reft; becauſe the
Appellant is to have a ſeveral Execution againſt
every one of them. H. P. C. 190. In a Prohibition
by three, a Retraxit of one fhall not bar the other
two Plaintiffs. Moor 460. Nelf. Abr. 165. Sce Nolle
Profequi.
Betròpannagium, Is After-Pannage, when the
belt is eaten, and only Haws and fuch like are left
Pet. in Parl. temp. Edw. 3.
Bette, (Fr.) A Charge or Accufation. Stat. Weft.
1. cap. 2.
Return, (Returna, or Retorna, from the Fr. Re-
Beftitutione Tempozatíum, Is a Writ directed to tour, i. c. Reditio, recurfus) Hath divers Applications.
the Sheriff to restore the Temporalities, or the Ba-in our Law; but is molt commonly used for the
rony of a Bishoprick to the Bishop elected and con- Return of Writs, which is the Certificate of the She-
firmed. F. N. B. 169. 1 Roll. Abr. 880.
riff made to the Court of what he hath done touch-
Befummons, ( Refummonitio) Signifies a fecond
Summons, or calling a Man to anfwer an Action,
where the first Summons is defeated by any Occa-
fion; and when by the Death, &c. of the Judges,
they do not come on the Day to which they were
continued, for the Trial of Caufes, fuch Caufes
may be revived or recontinued by Refummons. Vide
Reattachment.
ing the Execution of any Writ directed to him;
and where a Writ is executed, or the Defendant
cannot be found, &c. then this Matter is endorſed
on the Back of the Writ by the Officer, and deli-
vered into the Court whence the Writ iſſued, at the
Day of the Return thereof in order to be filed. Stat.
Weftm. 2. cap. 39. 2 Lill. Abr. 476. The Name of
the Sheriff mult always be to the Return of Writs;
Belumption, (Refumptio) Is uſed particularly otherwife it doth not appear how they came into
for the Taking again into the King's Hands fuch Court: If a Writ be returned by a Perfon to whom it
Lands or Tenements, &c. as before upon falfe is not directed, the Return is not good, it being the
Suggeſtion he had granted by Letters Patent to any fame as if there were no Return at all upon it. And
Man. Broke 298. It is faid that the King cannot after a Return is filed it cannot be amended; but be-
grant a Prerogative of Power fo, but that he may fore it may. Cro. Eliz. 310. 2 Lill. Abr. 477, 478.
resume
but otherwife it is of a Grant of an In-If the Sheriff doth not make Return of a Writ, the
tereft. Skinner's Rep. 236. Refumption of Grants is
mentioned in the Stat. 31 Hen. 6. cap. 7. and other
Statutes.
Betail. To buy by the Great, and fell by Retail
or Parcels. 3 & 4 Ed. 6. cap. 21.
Court will amerce him; fo if he makes an infuffi-
cient Return; and if he makes a falfe Return, the
Party grieved may have his Action of the Cafe a-
gainft him. Wood's Inft. 71. If a Sheriff return a
Vouchee fummoned, where in Truth he is dead,
and there is no fuch Perfon; or in a Precipe quod
reddat that the Tenant is dead, &c. there may be
Betainer, (From the Lat. Retineo) Is a Keeping
or Maintaining; as of a Servant, not menial or
continually dwelling with the Mafter, but attend-an Averment against fuch Returns, by the Stat. 14
ing fometimes upon ſpecial Occafions. 1 R. 2. cap. 7.
See Livery. And Counsellors and Attornies are retained
to attend the Caufes of their Clients, in the feveral
Courts, c.
Betaining Fee, Is the first Fee given to any
Serjeant or Counsellor at Law, whereby to make
him fure that he fhall not be on the contrary
Side.
Betenementum, Is a Word uſed for Detaining,
With-holding, or Keeping back. And fine ullo re-
tenemento was a ufual Expreffion in old Deeds and
Conveyances of Lands. Cowel.
Betinentia, A Retinue, or Perfons retained to
a Prince or Nobleman. Pat. 14 R. 2.
Betra&us quæ, The Ebb or Return of a Tide.
Plac. 30 Edw. 1.
Ed. 3. c. 8. Fenk. Cent. 121, 122. Some Returns are
a kind of Declaration of an Accufation; as the Re-
turn of a Refcous, and the like; and theſe muſt be
certain and perfe&t, or they will be ill. 11 Rep. 40.
Plowd. 63, 117. Kelw. 165. Writs to do Things
in Franchifes, are directed to and returned by the
Sheriff, to whom Bailiffs make their Returns: And
an Action will lie against a Sheriff, that takes the
Return of one that is no Bailiff, and against him
who makes it; and likewife against the Bailiff of a
Franchife, for Negligence in Execution, c. 7 Ed.
4. 14. 12 Ed. 4. 15. Moor, cap. 606. Sheriffs are
to accept of Returns of Bailiffs of Liberties, where
they are fufficient. I Danv. 191. There is a Return
of Furies by Sheriffs; and Returns of Commiffions, by
Commiffioners, &c.
Return-Days, Are Days in Term called by that
Name; or Days in Bank. Sce Term.
Beturno Habendo, Is a Writ that lies where
Cattle are diftrained and replevied, and the Perſon
that took the Diftrefs juftifies the Taking, and
proves it to be lawful, upon which the Cattle are
to be returned to him. This Writ alfo lieth when
the Plaint in Replevin is removed by Recordare in-
to the King's Bench or Common Pleas, and he whoſe
Cattle are diftrained makes Default, and doth not
profecute his Suit. F. N. B. 74.
Betraxit, Is when the Plaintiff cometh in Perfon
in Court where his Action is brought, and faith he
will not proceed in it; and this is a Bar to that
Action for ever: It is fo called, becaufe it is the
emphatical Word in the Latin Entry, entred thus,
ff. Et præd. Quer. in propria Perfona fua venit & dicit
quod ipfe placitum fuum præd. verfus præd. Defenden. ul-
terius Profequi non vult, fed abinde omnino fe Retraxit,
&c. A Retraxit must be always in Perfon; and if
it is by Attorney, it is Error. 8 Rep. 58. 3 Salk.
245. As to a Retraxit, it is a Bar to any Action of
equal Nature brought for the fame Caufe or Duty;.
but a Nonfuit is not. I Inft. 208. If the Plaintiff
fays he will not appear, this is not a Retraxit but Returnum irreplegiabile, Is a Writ Judicial, di-
Nonfuit: But if the Plaintiff fays he will not fue, it rected to the Sheriff for the final Reftitution or Re-
is a Retraxit. 2 Danv. Abr. 471. And Retraxit is al-turn of Cattle to the Owner when unjustly taken or
ways on the Part of the Plaintiff or Demandant:
and it cannot be before a Declaration, for before
the Declaration it is only a Nonfuit. 3 Leon. 47.
2 Lill. Abr. 476. If the Plaintiff enter a Retraxit
!
Returnum Averíozum, A judicial Writ, the fame
with Returno Habendo. Reg. Judic. 4.
diftrained by another, and fo found by Verdict; and
it is granted after a Nonfuit in a fecond Delive-
rance. Reg. Judic. 27.
8 M
Bebe,
RE
RE
Reve, Is the Bailiff of a Franchife or Manor,
efpecially in the Weft of England. Hence Shire reve
Church-reve, &c. Kitch. 43. Vide Greve.
Beveland. The Land which in Domesday is faid
to have been Thaneland, and after converted into
Reveland, feems to have been fuch Lands as being
reverted to the King after the Death of his Thane,
who had it for Life, was not fince granted out to
any by the King, but reſted in Charge upon the
Account of the Reve or Bailiff of the Manor.
Spelm. Feuds, cap. 24.
Rebels, Signifying with us Sports of Dancing,
and Masking, &c. commonly performed by Night.
Sce Master of the Revels.
Revenue, (Fr.) Is properly the yearly Rent that
accrues to any Man from his Lands and Poffeffions;
and is generally uſed for the Revenues or Profits of
the Crown. An A&t paffed for preventing all Doubts
and Queſtions concerning the Collecting the publick
Revenue. W. & M. Seſſ. 2. c. 3.
¿
Beberfal, Of a Judgment is the making it void
for Error; and when upon the Return of a Writ
of Error, it appears that the Judgment, is erro-
neous, then the Court will give Judgment, Quod
judicium revocetur, adnulletur & penitus pro nullo ba-
beatur. 2 Lill. Abr. 481. The ancientet Judge of
the Court, and in his Abfence the next in Seignio
rity to him, doth always pronounce the Reverfal of
an erroneous Judgment openly in Court, upon the
Prayer of the Party; and he according to the an-
cient Courſe pronounceth it in French, to this Effect,
Pur les Errors evandit, & auter errors manifeft in le Re-
cord, foit le Fudgment Reverfe, &c. Trin: 22 Car. B. R.
A Reversal of a Judgment may be pronounced condi-
tionally, i. e. That the Judgment is reverfed if the
Defendant in the Writ of Error doth not fhew good
Caufe to the contrary at an appointed Time; and
this is called a Revocetur nifi, and if no Caufe be then
fhewed, it ftands reverfed without further Motion.
2 Lill 482. The Stat, 21 Fac. 1. cap. 16. hath pro-
vided a new Writ, where Judgment is reverfed after
a Verdict, or where an Outlawry is reverfed, &c.
Lutw. 264. Vide Error.
fion of an Eftate of Inheritance, may be granted by
Bargain and Sale inrolled, Leafe and Releaſe, Fine,
. And by the Grant of Lands, a Reverfion will
pafs; though by the Grant of a Reverſion, Land in
Poffeffion will not país. Bridgm. Conveyan. 237. 6
Rep. 36. 5 Rep. 124. 10 Rep. 107. If one have a
Reverfion in Fee, expectant upon a Leafe for Years,
he may make a Bargain and Sale of his Reverfion for
one Year, and then make a Releafe to the Bar-
gainee in Fee; by which the Reversion in Fee will
paſs to the Bargainee. z Lill. Abr. 483. And a Re-
verfioner may covenant to ftand feifed of a Reverfion
to Ules, &c. 11 Rep 46. Likewife a Reverfion may
be deviſed by Will; and a Teftator being feifed in
Fee of Lands which he had in Poffeffion, and of o-
ther Lands in Reverfion, deviſed all his Lands for
the Payment of his Debts; adjudged, that by the
Words all his Lands, the Reversion as well as the
Poffeffion paffed. 2 And. 59. Cro. Eliz. 159. A Per-
fon deviſed a Manor to A. B. for fix Years, and
fome other Lands to C D. and his Heirs; and all
the Reft of his Lands to his Brother, and the Heirs
Male of his Body; and it was held, that thefe Words,
the Reft of the Lands, did not only extend to the
Lands which were not devised before, but to the
Reverfion in Fee of the Manor, after the Determi-
nation of the Eftate for Years. Allen 28. And by
Devife of all Lands, Tenements and Hereditaments,
undifpofed of before in a Will, a Reverfion in Fec
will pafs. 2 Vent. 285. 3 Nelf. Abr. 166. One ſeiſed
of Lands in Fce, deviles Part thereof to B. for
Life, and after by the fame Will gives to C. all his
Lands not before particularly difpofed of; by this De
vife of all Lands, c. the Reverfion of the Part given
for Life paffes to C. Ruled, on Advice with the
Judges. Preced. Canc. 202. There was Leffce for
Years, Remainder for Life, Reverfion in Fee, the
Tenant for Life died, and the Leffec for Years
did not attorn to him in the Reversion; yet it
was refolved, that it paffed without Attornment,
and that he might bring an Action of Debt, or a-
vow. Hetl. 73. If Tenant for Life, and he in Re
verfion join in a Leafe for Life, or Gift in Tail,
Beberlion, (Reverfio, from Revertor) Signifies rendring Rent; it shall enure, after the Death of
Returning again; and therefore Reverfio terræ eft Tenant for Life, to him in Reversion. 1 Inft. 214.
tanquam terra revertens in Poffeffione donatori five here- And if a Reverfion be granted to one for Life, and
dibus fuis poft donum finitum. 1 Inft. 142. A Rever to another in Fee, the Reverfor is gone for a Moic-
fion hath two Significations; the one is an Eftate ty: Alfo if fuch Tenant for Life get the Remain-
left, which continues during a particular Eftate in der or Reverfion of the Land, his Eftate for Life is
Being; and the other is the Returning of the at an End. 3 Rep. 60. The particular Eftate for
Land after the particular Eftate is ended: It is Life or Years, and this Eltate in Reverfion, are di-
faid to be an Intercft in the Land, when the Pof-vers and diftin&t; and therefore Aid may be prayed
feffion fhall fall, and fo it is commonly taken; or of him in the Reversion: Yet thefe Eftates have Re
it is when the Eftate which was parted with for a lation one to another. 3 Shep. Abr. 220. The Copy-
Time, ceafeth and is determined in the Perfons of holder for Life, cannot by Forfeiture or otherwife
the Aliences or Grantees, &c. and returns to the destroy the Eftate in Reversion: And he that hath a
Grantor or Donor, or their Heirs from whence de- Reverfion cannot be put out of it, unless the Tenant
rived. Plowd. 160. 1 Inft. 142. But the ufual Defi- be oufted of his Poffeffion alfo. 39 H. 6. Plowd.
nition of a Reverfion is, that it is the Refidue of an 162. Yelv. 1. Reverfions expectant upon an Estate-
Eftate left in the Grantor after a particular Eftate tail, are not Affets, or of any Account in Law, be-
granted away, continuing in him that granted the caufe they may be cut off by Fine and Recovery;
particular Eftate; and where the particular Eftate but it is otherwife of a Reversion on an Estate for
is derived out of his Eftate: As in a Gift in Tail, Life, or Years. 1 Inft. 173. 6 Rep. 38. Wood's Inft.
the Reversion of the Fee-fimple is in the Donor; 151. No Leafe, Rent-charge, or Eftate, &c. made
and in a Leafe for Life, or Years, the Reverfion is by Tenant in Tail in Remainder, fhall charge the
in the Leffor: Alfo a Reversion takes Place after a Poffeffion of the Reverfioner. 2 Lill. 448. But as no
Remainder, where a Perfon makes a Difpofition of Statute hath made any Provifion for thofe who have
a lefs Eftate, than that whereof he was feifed at Remainders or Reversions on an Eſtate-tail, they
the Time of making thereof. 1 Inft. 22, 142. Wood's are barred by a Recovery. 10 Rep. 32. There
Inft. 151. When the particular Eftate determines, were no Reversions or Remainders upon Eftates in
then the Reversion comes into Poffeffion, and before Tail, at Common Law: And by the Common Law,
it is feparated from it; for he that hath the Pof-no Grantee of a Reversion could take Advantage of any
feffion, cannot have the Reverfion, becaufe by uni-Condition or Covenant broken by the Leffees of
ting them, the one is drowned in the other. 2 Lill. the fame Land; but by Stature, Grantees of Re
Abr. 484. The Reverfion of Land when it falls, is verfions may take Advantage of Conditions and Co-
the Land itself; and the Poffeffion of the Tenant, venants against Leffces of the fame Lards, as fully
preferves the Reverfion of the Lands, with the Rents, as the Leffors and their Heirs; and Leffees may
E. in the Donor, or Leffor. 1 Inft. 324. A Rever- have the like Remedies against the Grantees of
4
Reverfions,
•
a
:
RE
RE
1
•
Beugía terræ, A Ridge or
Land ploughed in a trait Line.
pag 515.
Furrow of arable
Mon. Ang. Tom. 1.
Reverfions, &c. Inft. 327. 32 Hen. 8. cap. 34. A Life, and after to the Ufc of his Son in Tail, Re-
|
Reverfioner may bring Action of the Cafe for fpoil-mainder over, &c. with Provifo that he may revoke
ing of Trees; for any Injury to his Reversion, he any of the faid Ufes; now if afterwards he revokes
may have this A&tion; but he cannot have Tref them, he is feifed again in Fee, without Entry or
pafs, which is founded on the Poffeffion. 3 Lev. Claim: But in Cafe of a Feoffment or other Con-
209, 233. 3 Cro. 55. He in Reversion fhall have a veyance, whereby the Feoffee or Grantee is in by
Writ of Entry ad Communem Legem, where Tenant the Common Law, fuch Provifo would be meerly
for Life, &c. aliens the Lands: And Writ of In- repugnant and void. 1 Inft. 237. Stat. 27 Hen. 8.
trufion, after their Deaths, c. New Nat. Br. 461. cap. 10.
|
And voluntary Eftates made with Power of
How to plead a Reverfion in Fee. 1 Lutw. 1174. The Revocation, as to Purchaſers, are held in equal Degree
Difference between a Reverfion and a Remainder, is with Conveyances made by Fraud and Covin to de-
that a Remainder is general, and may be to any fraud Purchafers. 27 Elix. cap. 4. 3 Rep. 82. Ules,
Man, but he that granteth the Land, for Term of and Powers in Contingency and Poffibility, by mu-
Life or otherwife; and a Reverfion is to himfelf tual Affent of Parties may be revoked and deter
from whom the Conveyance of the Land proceeded, mined; and as by Indenture they may be raiſed,
and is commonly perpetual, &c. And Remainder fo by Provifo or Limitation in the fame Indenture,
is an Eſtate, appointed over at the fame Time: But they may be extinguiſhed and deftroyed. 10 Rep.
the Reverfion is not always at the fame Time ap- 86. And where a Power of Revocation is referved
pointed over. See Remainder. Reverfions in Offices, for a Man to difpofe of his own Eftate, it fhall al-
vide Office.
ways have a favourable Conftru&tion; but it shall
be taken ftri&tly when it is to charge the Eftate of
another. 2 Ventr. 250, When there is a Power to
revoke Uſes, a new Declaration of Ufes is a fuffi-
cient Revocation of the former, without any exprefs
Difannulling, &c. And limiting new Ufes, fhews,
the Power to alter and determine the former Ufes:
Alfo if Power is referved to a Man to revoke a
Deed by Writing, fubfcribed and fealed in the Pre-
fence of two or more credible Witneffes; if he
makes his Will in Writing, without making any ex-
prefs Revocation, it will be a good Revocation, and
the Will a good Execution of the Power. Hob. 312.
Raym. 295. 3 Nelf. Abr. 168, 169. Tho' it hath
been held, that all incident Circumstances pre-
fcribed by the Provifo or Power of Revocation, as to
Subfcription, Witneffes, &c. ought to be obſerved.
10 Rep. 143. 6 Rep. 33. 2 Lill. 487. It is faid
where the Power is only to revoke, when that Power
is executed, a Man cannot limit new Ufes. 1 Ventr.
197. 3 Salk. 316. Yet it hath been decreed, that
the Limitation of new Ufes is good, where the ex-
prefs Power in the firft Deed was only to revoke.
Revivo, or Bill of Revivor, Is when a Bill hath
1 Ch. Rep. 242. If a Perfon make a Feoffment in
been exhibited in the Chancery, against one who Fee, or levy a Fine, &c. of the Lands, before the
anfwers, and before the Caufe is heard, or if Deed of Revocation is executed; thefe amount to a
heard, and the Decree is not inrolled, either Party Revocation in Law, and extinguiſh the Power of Re-
dies: In this Cafe, a Bill of Revivor muſt be brought, | vocation.
I Vent. 371. 1 Rep. 111. Power of Revo-
praying the former Proceedings may ftand revived, cation may be releafed; and where a Man has an
and be put into the fame Condition as at the Time entire Power of Revocation, and he fufpends or ex-
of the Abatement. If a Party dieth, a Female tinguishes it as to Part, he may revoke as to the Re-
Plaintiff marries, or there have been no Proceed- fidue, if the Conveyance was by Way of Ule; but
ings on a Decree, &c. for a Year paft, the Decree not where a Condition is annexed to the Land.
and Proceedings must be revived by Subpoena Sci. fac. Rep. 174. Mour 615.
Mour 615. A Will is revocable; and a
or if the Decree be inrolled, by Bill of Revivor: Laft Will revokes the former: Though a new Publi-
But if the Parties are not Heirs or Executors, &c.cation of the firt Will, where there are two Wills,
2 Sid. 2.
to the Party dead, the Decree or Caufe is to be it is faid may revoke the laft. Perk. 479.
revived by original Bill, and not by Subpoen. Sci. fac. See 3 Mod. 207. Wills are to be revoked by fome
or Bill of Revivor; and a Bill of Revivor lics not other Will in Writing, figned in the Prefence of
upon a Decree of long Standing, but an original three Witneffes, or by Cancelling by the Teftator,
Bill is to be preferred. Practif. Solic. 122.
Review, (Fr. Reveue) A Bill of Review in Chan-
cery, is where the Caufe hath been heard, and the
Decree therein is figned; but fome Error appears
in the Body of the Decree, or new Matter is dif-
covered in Time after the Decree made: Which
Bill muſt be exhibited by Leave of the Court, and
is ufually done on Oath made of the Discovery of
new Matter, which could not be had or ufed at
the Time of the Decree paffed; and the Sum of
201 must be depofited in Court, on bringing this
Bill, as a Security for Colts and Delay, if the Mat-
ter be found against the Party, &c. Ord. in Canc.
69. Pract. Solic. 121, 122. Where a Decree of
Chancery is repugnant, or one Part of it contra-
dicts another, &c. it may be reverfed by Bill of
Review. Ibid.
Review of Appeal of Delegates, Is a Commif-
fion granted by the King, to certain Commiffioners,
c. See Appeal to Rome.
+
Reviving, Is a Word metaphorically applied to
Actions, Rents, &c. and fignifies a Renewing them
after they were extinguished. Broke 223.
Revocation, (Revocatio) Signifies the Calling back
of a Thing granted; or a Deftroying or making
void of fome Deed that had Existence until the
A&t of Revocation made it void. 2 Lill. Abr. 485.
And a Revocation may be either General, of all Acts
and Things before done; or Special, to revoke fuch
a Thing: And where any Deed or Thing is revoked,
it is as if it never had been. 5 Rep. 90. Perk. Sect.
In voluntary Deeds and Conveyances, there
are frequently Provifo's containing Power of Revo-
cation, which being coupled with an Ufe, and tend-
ing to pass by raifing of Ufes, according to the
Stat. H. S. are allowed to be good, and not repug-
nant; as where one feifed of an Estate in Fee, cove-
nants to ſtand ſeiſed thereof to the Uſe of himſelf for
105.
c. Stat. 29 Car. 2. A Will revoking a former, tho'
it must be fubfcribed by three Witneffes, 'tis faid
need not be in the Teftator's Prefence, as the Will
of Lands must be by the Statute. 1 P. Williams
344. If a Perfon cancels or revokes cither the Du-
plicare or original Will, this avoids both; they
being but one Will, and muft ftand or fall together:
But where a Man makes a fecond Will, and intends
that as a Revocation of the first; if it be infufficient,
it fhall not deftroy the firſt Will though cancelled.
Mod. 220, 258. 2 Vern. 741. The Teftator is to be
of a good difpofing Memory when he revokes his Will,
as well as when he makes it; he muſt have Animum
Revocandi, as well as Animum Teftandi, to make an
effe&tual Revocation. Show 89. Cro. Fac. 497. Hard.
374 3 Mod. 203. Writings of Revocation are to be
taken according to the Subject-Matter, viz. where
a lat Will cannot ftand with the Firſt. Ib.d. A
Teftator made his Will, and fome Time afterwards
made
RE
RI
t
¿
.
Bewey, A Term among Clothiers, fignifying
Cloth unevenly wrought, or full of Rewes. 43
Eliz. c. 10.
Bial, From the Span. Reale, i. e. Royal Money, be-
caufe it is ftamped with the King's Effigies: Herc
in England, a Rial was a Piece of Gold Coin, cur-
rent for 10 s. in the Reign of King Hen. 6. at which
Time, there were Half-Rials paffing for 5s. and
Quarter Rials or Rial Farthings, going for 2s. 6d.
In the Beginning of Queen Elizabeth's Reign, Golden
Rials were coined at 15 s. a-piece; and 3 Fac. 1:
there were Rofe Rials of Gold, at 30 s. and Spur-
Rials at 15 s. Lownd's Effay on Coins, pag. 38.
Ribaud, (Fr. Ribauld, Ribaldus) A Rogue, Va-
grant, Whoremonger, or Perfon given to all Man-
ner of Wickedness: And there was a Petition in
Parliament againſt Ribauds and Sturdy Beggars. Ann.
50 Ed. 3.
Rice, To be exported from Carolina to other Parts
of Europe, &c. Stat. 8 Geo. 2. cap. 19. See Planta-
tions.
made a Feoffinent of the Lands in the Will to Ufes;
and adjudged this was a Revocation of his Will, be-
caufe a Will cannot take Effect till after his Death.
Dyer 74. And a Tenant in Tail made his Will in Rhandir, Was a Part in the Diviſion of Wales be-
Writing, which was duly executed; afterwards he fore the Conqueft: Every Township comprehended
made a Bargain and Sale of the fame Lands con- four Gavels, and every Gavel had four Rhandirs,
tained in the Will, to make a Tenant to the Pre-and four Houfes or Tenements conftituted every
cipe, in Order to fuffer a common Recovery, which Rhandir. Taylor's Hift. Gavelk. p. 69.
was done accordingly, and he declared the Ufes
to himſelf and his Heirs; by the Bargain and Sale,
&c. the Will was revoked. 3 Lev. 108. It hath been
admitted to be a fettled Rule in Chancery, that
where a Teftator devifes his Land in Fee to one,
and after mortgages it in Fee to another, and then
dies before the Principal and Intereft is paid; this
is not a total Revocation of the Will, but only quoad
fo much for which the Lands were mortgaged, and
the Deviſee ſhall have the Equity of Redemption.
1 Salk. 258, 236. Where Lands are deviſed to one
in Fee, and after mortgaged to the fame Perfon,
it is Revocation in toto of the Devife; but if the Land
be mortgaged to a Stranger, in that Cafe 'tis other-
wife. Preced. Canc. 515. A Man feifed of Lands,
deviſes the fame in Fee, or for Life, and afterwards
makes a Leaſe thereof to another for Years, it fhall
not be a Revocation but during the Years: Though in
caſe a Perfon has devifed Lands to one and his
Heirs, and after Leafes the fame to him for a cer-
tain Term, to commence after his Death; that is a
Revocation of the whole Eftate. 1 Roll. Abr. 616.
Cro. 49. In Cafe a Fortune be given to a Child by
the Father, fubfequent to the making of his Will,
wherein he had bequeathed her a Portion; this fhall Biding armed, With dangerous and unufual
be taken as a Revo ation of the Legacy and Will for Weapons, is an Offence at Common Law. 4 Inft.
fo much. Preced. in Canc. 183. A Perfon being un- 160. By the Stat. 2 Edw. 3. cap. 3. none fhall ride
married, by Will devifed all his perfonal Eftate to armed by Night or Day to the Terror of the People;
T. P and afterwards he married and had feveral or come with Force and Arms before the King's
Children, and died without making any other Will: Juftices, &c. doing their Office, upon Pain to for-
It was ruled by Commiffioners of Delegates, that there feit their Armour, and fuffer Imprifonment at the
being fuch an Alteration of his Eftate and Circum- King's Pleasure: And a Fine may be fet upon
ftances, fo widely different from the Time of making them by the Juftices, by 20 Ric. 2. cap. 1.
his Will to his Death, there was room to prefume a Perfon can excufe the Going or Riding armed in
Revocation, and that he did not continue of the Publick, by alledging that he wears Armour for
fame Mind when he died. 2 Salk. 592. Letters of his Defence against an Affault; but Men may wear
Attorney, and other Authorities, may be revoked by common Arms according to their Quality and the
the Perfons giving the Powers; and as they are Fashion, and have Attendants with them armed a-
revocable in their Nature, it has been adjudged, greeable to their Characters; alfo Perfons may
that they may be revoked, though they are made ir-ride or go armed to take Felons, fupprefs Riots, ex-
revocable. S Rep. 82. Wood's Inft. 286. Thefe Revo-ecute the King's Procefs, &c. 3 Inft. 162.
-
#
2
Bider-Roll, Is a Schedule or fmall Piece of
Parchment, often added to fome Part of a Roll or
Record.
Ridge washed Kerley, Is Kerfey Cloth made of
Fleece Wool, washed only on the Sheep's Back
See Stat. 35 Eliz. cap. 10.
-
And no
cations of a Power, regularly must be made after Biding Clerk, Is one of the fix Clerks in Chancery,
the fame Manner it was given; and there ought to who in his Turn, for one Year, keeps the Controll-
be Notice to the Party, &c. But if once the Power ment Books of all Grants that pass the Great Seal.
be executed, a Revocation after will come too late. Blount.
Dyer 210. A Warrant of Attorney from a Defen-
dant to appear and accept a Declaration, and plead
for the Defendant, may not be revoked with an In-
tent to ftay the Plaintiff's Proceedings; but the
Defendant on good Caufe fhewn to the Court may
change his Attorney, fo as he plead by another in
due Time. Mich. 24 Car. B. R. 2 Lill. 486. Let
ters of Administration, and Presentations to Benefices,
when and how revoked, vide thefe Heads.
Bidings, Are the Names of the Parts or Divifions
of Yorkshire, which are three, viz. Eaft- Riding, Weft-
Riding, and North Riding, mentioned in the Stat. 22
H 8. c. 5. And in Indictments for Offences in that
County, the Town and the Riding must be expreffed,
&c. Weft's Symb. par. 2. See Registry of Deeds. Stat.
26 Ann.
Biens arrear, A Plea ufed in an Action of Debt
for Arrearages of Account, whereby the Defendant
alledges that there is Nothing in arrear. Book Entr.
+
Revocatione Parliamenti, An ancient Writ for
recalling a Parliament; and Anno 5 Ed. 3. the Par- Biens palle per le fait, Signifies that Nothing
liament being fummoned, was recalled by fuch a paffes by the Deed; and is the Form of an Excep-
Writ before it met. Pryn's Animad. on 4 Inft. fol. 44. tion taken in fome Cafes to an Action. Broke.
Bewards. There are Rewards given in many Riens per Defcent, Is the Plea of an Heir,
Cates by Statute, for the apprehending of Crimi-where he is fued for his Ancestor's Debt, and hath
nals, and bringing them to Juftice; as a Reward of no Land from him by Difcent, or Affets in his
401. for apprehending of Robbers on the Highway, Hands. 3 Cro. 151. In Action of Debt againſt the
by 4 & 5 W. & M. Alfo the like Reward for the Heir, who pleads Riens per Defcent, Judgment may
apprehending and taking of Burglars. Stat. 5 Ann. be had prefently; and when Affets defcend, a Sire
The fame Reward for apprehending of Money Coiners facias lies against the Heir, c. 8 Rep. 134.
or Clippers, co- 6 Es 7 W. 3. And the like Reward
&c.
Bier County, (Retro Comitatus, from the Fr. Ar
for the Apprehenfion of Thief takers, not profecuting rier, i. e. Pofterior) Is oppofed to full and open County;
Felons; and of Perfons refifting the Officers of the Cu-and appears to be fome publick Place, which the
toms, by Force of Arms, &c. 6 Geo. I. c. 20, 22. Sheriff appoints for Receipt of the King's Money,
3
>
after
1
RI
RI
}
1
after the End of his County Court. 2 Ed. 3. cap. 5.
Stat. Weftm. 2. cap. 38. Fleta, lib. 2. cap. 67.
Bifflare, (From the Sax Riefe, Rapina) Is to take
away any Thing by Force; from whence comes our
English Word Rifle. Leg. Hen. I. c. 57.
Rifflura, A flight Wound in the Flesh: It is
mentioned in Fleta, lib. 1. cap. 41.
•
·
In
(beating fome Perfon, forcibly Entring into the
Houfes, or upon the Poffeffion or Lands of another,
breaking down Enclofures, &c. 3 Inst. 176.
every Riot, there must be fome Intention of Force,
or Violence; wherefore Affemblies for Wrestling,
Playing at Cudgels, Dancing, &c. are nor riotous:
And this Force muft relate to fome private Quarrel
only; for if the Intention of fuch Affemblies is to
redrefs Grievances of a publick Nature, and fuch
Intention is executed, it is a Levying War againſt.
"
Bight, (Fus) In general Signification, includes
not only a Right for which a Writ of Right lies;
but alfo any Title or Claim for which no A&tion
is given by Law but only an Entry. 1 Inft. 265.the King, and Treaſon. Dalt. 322. 3 Inft. 9. Kel. 70,
There is Right of Entry, and of Action, where a Man 76. There are to be three Perfons at the leaft to
is put out of his Lands; of Property, when one is make a Riot, and two alone cannot be guilty of it;
diffeifed, &c. and of Poffeffion: There are alfo a though two Perfons may make a Confpiracy, c.
Prefent, and future Right; a Jus in Re, which may 2 Lill. Abr. 489. If divers Perfons affemble together
be granted to a Stranger; and what is called a in a peaceable Manner, and after affembled do
naked Right, or Fus ad Rem, where an Eltate is fome deliberate riotous A&t; this is a riotous Affem-'
turned to a Right, on a Difcontinuance, &c. Co. bly, notwithstanding they did not at firft affemble:
Litt. 345.
A Right in Writs and Pleadings, is pro-in a riotous Manner: The riotous A& fhall have Re-
perly in one, when he is oufted of the Poffeffion lation to their Affembling together, and the Inten-
of his Eftate by Diffeifin or Wrong, and hath Re-tions of Perfons are beft intepreted by their Actions.
medy by Entry, or A&tion: But Right doth alfo in- Ibid. But if Perfons on a lawful Meeting, fall out
clude an Estate in effe in Conveyances; and there- upon a fudden Quarrel, here being no Intention of
fore if Tenant in Fee-fimple makes a Leafe and an unlawful A&t, it is no Riot. Dalt. A Number of
Releaſe of all his Right in the Land to another, the Perfons being met together at a Fair, Marker, or
whole Estate in Fee paffes. Wood's Inft. 115, 116. Church-Ale, or any other lawful and innocent Oc-
Sir Edward Coke tells us, That of fuch an high Efti- cafion, if they happen on a fudden Quarrel to fall
mation is Right, that the Law preferveth it from together by the Ears, they are not guilty of a Riot,
Death and Deftruction; trodden down it may be, but a fudden Affray only; because the Defign of
but never trodden out: And there is fuch an ex- their Meeting was lawful, and the fubfequent
tream Enmity between an Eftate gained by Wrong Breach of the Peace happen'd unexpectedly: Yet
and an ancient Right, that the Right cannot poffibly it is faid, if Perfons innocently affembled together,
incorporate itſelf with the Eftate gained by Wrong. do afterwards upon a Difpute happening to arife a-
1 Inft. 279. 8 Rep. 105. 6 Rep. 70. A Right may mong them, form themselves into Parties, and then.
fometimes fleep, though it never dies; a long Pof-make an Affray, they are guilty of a Riot: For up-
feffion exceeding the Memory of Man, will make
a Right; and if two Perfons are in Poffeffion by
divers Titles, the Law will adjudge the Poffeffion
in him that hath the Right. Co. Litt. 478. 6 Litt.
Sect. 158. Where there is no Remedy, there is
prefumed to be no Right by Law. Vaugh. 38. No
Commands fhall be made under the great or little
Seal, to disturb or delay common Right. Stat. 2.
Ed. 3. c. 8. Sec. Recto.
:
Rights and Liberties. The Declaration of
Rights and Liberties against the Conduct of K. James
2d fet forth, That he by the Affiftance of divers
evil Counsellors, did endeavour to fubvert the
Laws and Liberties of this Kingdom; by exercifing
a Power of difpenfing with, and fufpending of
Laws; by levying Money for the Ufe of the
Crown by Pretence of Prerogative, without Con-
fent of Parliament; by railing and keeping a
Standing Army, in Time of Peace; by violating
the Freedom of Election of Members to ferve in
Parliament; by violent Profecutions in the Court
of King's Bench; and cauling partial and corrupt
Jurors to be returned on Trials; exceffive Bail to
be taken; and exceffive Fines to be impofed; alfo
cruel Punishments inflicted, &c. All which were
declared to be illegal, and infifting upon the ancient
Rights and Liberties of the People. Stat. 1 W. & M.
cap.. 2.
Bine, (Sax. Ryne) A Water-courfe, or little
Stream, which rifes high with Floods.
Ringa, A military Girdle; from the Sax. Ring,
i. e. Annulus, circulus, becauſe it was girt round the
Middle: But according to Bracton, Ringa, enim di-
cuntur quod Renes circumdant, unde dicitur accingere
gladio. Bra&t. lib. 1. c. 8.
Binghead, An Engine uſed in ſtretching of Cloth.
43 Elix. c. Xo
Bingilde, A Kind of Bailiff or Serjeant; and
fuch Rbingy! fignifies in Welch. Chart. Hen. 7.
Biot, (Riota, Riotum, Fr. Riotte) Is where three
or more Perfons affembled together, do fome un-
lawful Act of a private Nature, with Force and Vio-
lence, to the Disturbance of the Peace; as by
靠
​on their Confederating together, with an Intent to
break the Peace, they may as properly be faid to be
affembled together for that Purpoſe, from the Time
of fuch Confederacy, as if their firft coming toge-
ther, had been upon fuch a Defign. 1 Hawk. P. C.
156. 6 Mod. 43. And it is agreed, That if an Af-
fembly of Perfons met together on any lawful Oc-
cafion, fhall on a fudden Propofal go in a Body to
pull down a Houfe, or Inclofure, or do any A&t of
Violence to the Disturbance of the publick Peace,
and the fame be executed accordingly, the Perfons
concerned cannot but be Rioters; their Affociating
them felves together for fuch a new Purpoſe, being
no way extenuated by their having met at first upon
another: And if any Perfon fecing others actually
engaged in a Riot, fhall join them, and affilt them
therein, he is as much a Rioter as if he had at firkt
affembled with them for that Intent; nor fhall his
pretending that he came innocently into the Com-
pany avail him; for it is impoffible to difcover whe-
ther every particular Perfon engaged in a Riot was
in Truth one of the firft Affembly, or had a pre-
vious Knowledge of the Defign of the Tumult.
1 Hawk. Ibid. On an Indi&tment for a Riot, it hath
been adjudged, that where three or more are af
fembled lawfully, without any ill Intent, and an
Affray happens amongst them, none are guilty but
thoſe who are a&tually concerned in it; but if they
were unlawfully affembled, then the Act of one
may be imputed to all: That if they are lawfully
affembled, and afterwards quarrelling, one of the
Company is beaten by the reft, it is no Riot; tho
if they beat a Stranger, in that very Moment the
Quarrel began, they are an unlawfully Affembly:
And if fuch Stranger is beaten by one of the Com-
pany, the Concurrence of the reft is Evidence of
their evil Intention, and it is a Riot in all of them.
2 Salk. 595. Any Perfon may affemble a Number
of Men to defend his Houfe against Injury or Vio-
lence; and yet if a Man be threatened, that if he
come to fuch a Place, he fhall be beaten, and he
thereupon affembles a Company to go thither with
him, though it be for the Safety of his Perfon, this
8 N
may
:
}
RI
RI
+
:
may be deemed a Riot, becauſe of the Danger the 3. c. 1. As foon as the Sheriff and other the King's
Government may be in from fuch Affemblies; and Minifters hear of a Riot, or other Affembly againit
for that the Law gives him another Remedy, viz. the Peace, they with the Power of the County fhall
by demanding Surety for the Peace. Broke 1. But apprehend fuch Offenders, and put them in Prifon
every Man in a peaceable Manner, may affemble until delivered by Law. 27 R. 2. c. 8. And two
a Company to do any lawful Thing, or to remove or more Juftices of the Peace, dwelling near the
any Nufance; and may for that Purpofe enter Place where fuch Offences thall be committed, to-
another Man's Ground: And where a Man had gether with the Sheriff or Under-Sheriff of the
erected a Wear over a common River, and feveral County, fhall by the Power of the County, if need
People affembled with Spades and other Things be, fupprefs Riots, Routs, &c. arreft the Offenders,
neceffary to remove the faid Wear, and made a and record what fhall be done in their Prefence;
Trench in his Land that did erect the Wear, to by which Record the Offenders fall ftand convict
turn the Water ſo as they might the better take up ed, as by Stat. 15 R. 2. in cafe of Forcible Entries;
the faid Wear, and did remove the fame Nufance; and if the Offenders are departed, the faid Juftices,
this was held neither any forcible Entry nor Riot &c. hall within a Month after make Enquiry
Bro. 14, 33. Though if in removing fuch Nufance, thereof, and hear and determine the fame; and if
the Perfons affembling ufe any threatning Words, the Truth cannot be found, then within a further
as that they will do it, if they die for it, or the like; Month the Juftices and Sheriff are to certify to the
or their Behaviour be in apparent Disturbance of King and Council, &c. on Default whereof, the
the Peace, then it will amount to a Riot; for the Juftices, &c. fhall forfait 100 1 13 Hen. 4. c. 7.
Manner of doing a lawful Thing may make it un-Thefe Statutes are understood of great and noto-
lawful. Ibid. If one affembles a proper Company
to carry away a Piece of Timber, to which he
pretends a Right, if the Number be no more than
neceffary to carry it away, although another Man
may have a better Right to the Timber, and this
is an unlawful A&t, it is no Riot, except there be a
Disturbance of the Peace; fo that the Doing of an
unlawful A& by an Affembly of People, may be fo
managed as not to be a Riot. 1 Hawk. 157. And
Perfons affembled together to do any Thing pro-
hibited by Statute, if they peaceably perform the
fame, cannot be denominated Rioters. 6 Mod. 141.
An Indictment againſt A. B. for that he cum multis
aliis at fuch a Place, &c. did commit a Riot, is
good: And ſeveral being indicted for a Riot, it was
moved, that the Profecutor might name two or
three, and try it against them, and that the Reft
might enter into a Rule to plead guilty, if they
were found guilty; and a Rule was made accord-
and a Rule was made accord-
ingly, this being to prevent the Charges in putting
them all to plead. Med. Caf. 212. 3 Salk. 317. If
two only are found guilty on an Indictment for a
Riot, and the Reft acquitted, all are acquitted;
and if a Battery be likewife laid in the Indictment,
if it be not laid as a diftin&t Offence, the Defen-
dants being diſcharged of the Riot, are alfo dif-
charged of the Battery. 2 Salk. 593. Upon an In-
formation against feveral Perfons for committing a
Riot, and fetting up a Bank, &c. the Jury found
the Defendants guilty as to fetting up the Bank,
but quoad the Riot not guilty; and it was held, that
by this Verdict the Defendants were acquitted of
the Charge in the Information, which was a Riot;
for an Action on the Cafe would lie for erecting the
Bank. 3 Mod. 12. The Defendants being found
guilty on Information for a Riot, and hindering the
Bailiff and Burgeffes of a Borough from choofing a
Bailiff; Judgment was arrested, becauſe the Infor-
mation did not fet forth that the Defendants were
unlawfully affembled, &c. Befides, it did not men
tion any Right in the Bailiff and Burgeffes to meet
together to chooſe a Bailiff, and they might be af.
fembled to do an unlawful A&t themſelves; and then
it is not unlawful in the Defendants to difturb them.
2 Salk. 594. Dyer 68. A Mayor and Aldermen of
a Town making a Riot, are punishable in their na-
tural Capacities; but where they have countenanced
dangerous Riots within their Precincts, their Liber-
ties have been ſeiſed, or the Corporation fined.
3 Cro. 252
Dalt. 204, 326. Women may be pu-
nifhed as Rioters; but Infants under the Age of four-
teen Years, are not puniſhable. Dalt. 325. Wood's
Inft. 429. By the Common Law, Riots are punished
by Fine and Imprisonment; and if enormous, by
Pillory; And by Statute, Juftices of the Peace have
Power to reftrain Rioters, &c. to arrest and imprifona
them, and cauſe them to be duly punished. 54 Ed.
rious Riots: And the Record of the Riot within the
View of the Juftices, by whom it is recorded, is
fuch a Conviction as cannot be traverfed, the Par-
ties being concluded thereby; but they may take
Advantage of the Infufficiency of the Record, if
the Juftices have not purfued the Statute, &c. It is
faid that the Offenders being convicted upon the
Record of their Offence, in the Prefence of the
Juftices, ought to be fent immediately to Gaol, till
they pay a Fine affeffed by the fame Juftices; which
Fine is to be eftreated into the Exchequer; or the
Juftices may record fuch Riot, and commit the Of
fenders, and after certify the Record into B. R. or
to the Affifes or Seffions: If the Offenders are gone,
then the Juftices fhall inquire by a Jury; and the
Riot being found, they are to make a Record of it,
and fine them, or receive their Traverfe, to be
fent by the Juftices to the next Quarter-Seffions,
or into the King's Bench, to be tried according to
Law. Dalt. 200, 201, 202.
It hath been adjudg'd,
that where Rioters are convicted upon the View of
two Juftices, the Sheriff must be a Party to the In-
quifition on the Stat. 13 Hen. 4. But if they difperfe
themfelves before Conviction, the Sheriff need not
be a Party; for in fuch Cafe the two Juftices may
make the Inquifition without him; and this is pro
Domino Rege: And if the Juftices negle&t to make
an Inquifition within a Month after the Riot, they
are liable to the Penalty for not doing it within
that Time; but the Lapfe of the Month, doth not
determine their Authority to make an Inquifition.
afterwards. 2 Salk. 592. Rioters convicted on View
of two Juftices, and of the Sheriff of the County,
are to be fined by the two Juftices and the Sheriff;
and if the Sheriff do not join in ferting the Fine,
it is Error; for the Statute requires that he fhould
be joined with the Juftices in the whole Proceed-
ings. Raym. 386. 13 Hen. 4. cap. 7. By the 2 Hen.
5. cap. 8. If the Juftices make Default in Enquiring
of a Riot; at the Inftance of the Party grieved,
the King's Commiffion fhall be iffued to inquire by
fufficient and indifferent Men of the County, at
the Diferetion of the Chancellor; and the Coroners
fhall make the Panel of Inqueft upon the faid Com-
miffion, which is returnable into the Chancery, &c.
and by this Statute, heinous Rioters are to fuffer one
Year's Impriſonment. The Lord Chancellor having
Knowledge of a Riot, may fend the King's Writ to
the Juftices of Peace, and to the Sheriff of the
County, &c. requiring them to put the Statute in
Execution; and the Chancellor, upon Complaint
made, that a dangerous Rioter is fed into Places
unknown, and on Suggeftion under the Seals of two
Juftices of Peace and the Sheriff, that the common
Fame runneth in the County of the Riot, may award
Capias againſt the Party, returnable in Chancery
upon a certain Day, and afterwards a Writ of
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on the Oath of A. B. C. D. E. F. G. H. &c. (the
Fury) honest and lawful Men of the faid County, before
T. D. and J. B. Efquires, two Fuftices of our faid Sovi=
reign Lord the King, affigned to keep the Peace in the faid
County, &c. Which faid Jurors upon their Oath aforesaid
fay, that J. K. of, &c. L. M. N. O. &c. and other
Malefactors and Disturbers of the Peace of our faid Lord
the King, to the faid Furors unknown, on the Day of, &c.
last past, with Force and Arms, that is to say, with
Swords, Staves, &c. and other Offenfive Weapons, into
the Meffuage of T. W. in the Parish, &c. aforesaid, in
the faid County, between the Hours, &c. of the fame Day,
unlawfully and riotoufly entered, and hin the faid T. W.
affaulted, beat and wounded, to the great Disturbance of
the Peace of our faid Lord the King, and Terror of his
People; and against the Form of the Statute in fuch Cafe
made and provided.
Proclamation returnable in the King's Bench, &c.
2 Hen. 5. cap. 9. 8 Hen. 6. cap. 14. If one Justice
of Peace hath Notice of a Riot, he must endeavour
to remove it, and may bind the Rioters to the good
Behaviour; and if they have no Suretics, or refufe
to be bound, he may commic them to Prifon.
13 Hen. 4. Mod. Inft. 368. Where Riots are com-
mitted, the Sheriff upon a Precept directed to him,
is to return twenty-four Perfons dwelling within the
County to inquire thereof, &c. 19 Hen. 7. cap. 13.
The Stat. 1 Geo. 1. enacts, That if any Perfons to
the Number of Twelve or more, unlawfully and
riotously affembled against the Peace, being required
by a Juftice of Peace, Sheriff, or Under-Sheriff,
Mayor, or other head Officer of any Town, c. by
Proclamation in the King's Name, to difperfe them-
felves, fhall continue together an Hour afterwards,
they fhall be guilty of Felony without Benefit of
Clergy; and Perfons thus affembled and continu-
ing, are to be apprehended and carried before a
Juftice of Peace, &c. And if in Refiftance, the
Rioters are killed, the Perfons concerned in it ſhall
be indemnified: Perfons by Force hindering the
Proclamation, it fhall be adjudged Felony; and the
Offenders nevertheleſs guilty, if they do not dif-
perfe, &c. Rioters demolishing any Church, Cha-
pel, or Dwelling-Houfe, are guilty of Felony; and
Inhabitants of Towns and Hundreds are to yield
Damages for Rebuilding or Reparation, to be le-
vied and paid in fuch Manner as Money recovered
against the Hundred, by Perfons robbing on the
Highway, &c. 1 Geo. I. cap. 5. Profecutions on this
A&t are to be commenced within one Year after the
Offence: And this is the fevereft Statute that hath
been made against Rioters, but it being wholly in
the Affirmative, it doth not take away any Au-
thority in the fuppreffing a Riot by Common Law,
or by other Statutes. Wood's Inft. 430. See Rebel-
lious Affembly.
BE
A Record of a Riot on View.
T
An Indictment for a Riot:
HE Jurors, &c. do prefent, That J. K. ¡åte of,
&c. in the County aforefaid, Yeoman, L. M. late
of, &c. and N. O. late of; &c. on the Day, &c. in the
Year of the Reign, &c. at, &c. with Force and Arms,
&c. did riotoufly and unlawfully meet and affemble
themselves together, to disturb the Peace of our faid Lord
the now King; and being ſo aſſembled and met together,
did then and there make an Afault upon one L. B. then
being in the Peace of God and of our faid Sovereign Lord
the King; and then and there beat, wounded and evilly
treated the faid L. B. and other Injuries did to him, to
the great Damage of the faid L. B. and against the Peace
of our faid Lord the King, his Crown and Dignity, and
alfo against the Form of the Statute, &c.
Bíparía, (From Ripa, a Bank of a River) Is a
Water running between the Banks. Magn. Chart.
cap. 5. Weftm. 2. c. 47. 2 Inft. 478.
Ripiers, (Riparii, a Fifcella, qua in devehendis piſci-
bus utuntur, Anglice a Rip) Are thofe that bring
Fiſh from the Sca-Coaft to the inner Parts of the
Lands. Camb. Britan. 234.
Riveare, To have the Liberty of a River for fifh-
ing and fowling. Pat. 2. Ed. 1.
E it remembred, that on the Day, &c. in the Bippers, Reapers or Cutters down of Corn; and
ninth Year of the Reign of our Sovereign Lord Rip-towel was a Gratuity or Reward given to cufto-
George the Second, now King of Great Britain, c.mary Tenants when they had reaped their Lord's
We A. B. and C. D. Efquires, two of the Justices of Corn. Cowel.
our faid Lord the King affign'd to keep the Peace in the Bivagium, Rivage, or Riverage; a Duty paid to
County of, &c. aforefaid, and E. F. Efquire, then She- the King on fome Rivers for the Paffage of Boats
riff of the faid County, upon the Complaint and bumble or Veffels. -Quieti fint ab omni Laftagio, Taliagio,
Supplication of L. B. of, &c. in the County aforefaid, Paffagio, Rivagio, c. Platit. temp. Ed 1.
in our own proper Perfons went to the Manfion-Houfe of the
faid L. B. in the Parish, &c. in the County aforesaid; and
then and there we saw G. H. of, &c. and J. K. and L. M. Rivers. By the Statute of Westm. 2. cap. 47. The
of, &c. in the County aforefaid, and other Malefactors King may grant Commiffions to Perfons to take
and Disturbers of the Peace of our faid Lord the King, Care of Rivers, and the Fishery therein: And the
to Us unknown, to the Number of five Perfons, arm'd Lord Mayor of London is to have the Confervation
with Swords, Staves, &c. unlawfully and riotously afin Breaches and Ground overflown as far as the
fembled at the faid Houſe, threatning great Damage to the Water ebbs and flows in the River Thames. 4 Hen.
faid L. B. to the Disturbance of the Peace of the faid Lord 7. cap. 15. Perfons annoying the River Thames,
the King, and Terror of his People, against the Form of making Shelves there, cafting Dung therein, or ca-
the Statute, &c. And therefore We the faid A. B and king away Stakes, Boards, Timber-Work, . of the
C. D. then and there caufed the faid G. H. J. K. and Banks, incur a Forfeiture of 51 Star. 27 Hen. 8.
L. M. to be arrested, and carried to the next Gaol of our cap. 18. Commiffioners were appointed to prevent
faid Lord the King in the County aforefaid, by our View
and Record being convicted of the unlawful Affembly, Tu-
mult and Riot aforefaid, there to remain until they have
made Fine and Ranfom to our faid Lord the King for the
fame. In Witnefs whereof We have fet our Seals to
this our prefent Record, Dated at, &c. aforefaid, the Day
and Year above-mentioned.
Form of an Inquifition of a Riot.
South'ton, ff. A
N Inquifition for our Sovereign Lord
the King, taken at, &c. in the
County aforefaid, the Day and Year of the Reign, &c.
Exa&tions' of the Occupiers of Locks, Wears, c.
upon the River Thames Weftward from the City of
London to Cricklade in the County of Wilts, and for
afcertaining the Rates of Water Carriage, on the
faid River, c. by Stat. 6 W. 3. And this Sta-
ture is revived with Authority for the Commiffioners
to make Orders and Conftitutions, to be obſerved
under Penalties, &c. 3 Ged. 2. c. 11.
Rivers made navigable. The River Wye is de»
clared a free and common River, for the Carrying
of Goods and Paffengers, with Power to Trustees to
make it navigable, and ordaining Toll or Tonnage
Duties to be paid for Carriage of Goods, c. by the
[Stat. 7 & 8 W. 3. c. 14. Duties and Impofitions
arc
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are granted to recover and preferve the Navigation | Pafture; or robs my Servant of my Money before
of the River Dee, by 11 & 12 W. 3. And the River my Face, he may be indicted as having taken fuch
Darwent is made navigable by Stat. i Ann. So of Things from my Perfon, S. P. C. 27. Stile 156.
If Perfons And fome have gone fo far as to hold, That if a
many other Rivers. Vide 13 Geo. I.
break down a Lock, or other Works on any na Man meeting another going with his Goods to Mar-
vigable River, it is Felony; and drawing up Flood-ket in order to fell them, compel him to fell them
gates made for preferving the Navigation of Rivers, against his Will, he is guilty of Robbery. Crompt. 34
&c. fhall be fent to the Houfe of Correction for a 1 Hawk. P. C. 97. If a Thief bids the Party deli-
Month. 8 Geo. 2. c. 26. Perfons may juftify the ver his Money, &c. either with or without a Wea-
going of their Servants or Horfes upon the Banks of pon drawn, and he gives ir him; or a Perfon with
navigable Rivers, for towing of Barges, &c. to whom-Sword or Piftol in his Hand, demands my Money,
foever the Right of the Soil belongs. 1 Ld. Raym. and afterwards prays Alms, and I give it according-
ly; it is a Robbery: For whenever any Perfon Af-
faults another with Circumstances of Terror that
caufe him by Reafon thereof to part with his Money,
the Taking thereof is adjudged Robbery; whether
Bobbery, (Robberia, or Robaria, derived de la Robe, there were any Weapon drawn or not, or the Per-
i.e. Veftis) Is a felonious and violent Affault upon fon affaulted delivered his Money upon the other's
the Perfon of another, by putting him in Fear, and Command, or after gave it to him upon his Ceafing
taking from him his Money or Goods, on the High-to ufe Force, and begging Alms, &c. 3 Inft. 60.
1 Hawk. 96. And if I am robbed
way: And it is faid to be fo called, becaufe a Man H. P. C. 71, 72.
725.
Roba, A Robe, Coat or Garment; and thofe
who Robas accipiebant of another, are accounted of
his Family. Walsingh. 267.
•
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I And.
was thereby fometimes bereaved of his Robes or Gar-by feveral in a Gang, and one of them only takes
ments; and for that his Money or other Goods be- my Money, in this Cafe in Judgment of Law, every
ing taken from his Perfon, viz. from or out of fome one of the Company fhall be faid to take it, in re-
Part of his Garment or Robe. 3 Inft. 68. Though fpect of that Encouragement which they give to one
Robbery in a large Senfe, is any wrongful Taking a-another through the Hopes of mutual Affiftance;
way of Goods. 2 Inft. 236. Robbery on the Highway and though they mifs of their firft intended Prize,
is Felony of Death, though the Sum taken is under and one of them afterwards rides from the reft, and
Twelve-pence, or be but one Penny; for it may be robs another Perfon in the fame Highway without
of any Value; whereas in other Thefts Judgment their Knowledge or Confent, out of their View,
of Death is only where the Thing ftolen is above and returns to them, all are guilty of Robbery, as
the Value of 12d. H. P. C. 73, 74. But there must be they came together with an Intent to rob, and to
fomething taken; and if any Thing be taken from affift one another in fo doing. Cromp. 34.
Five Perfons agreed to ride out
the Perfon of another, on the Highway, without 116. H. P. C. 72.
putting him in Fear, it is not Robbery, but Felony to rob, but at Hounslow one parted from the Com-
allow'd Clergy; the putting in Fear diftinguishing pany, and rode away another Road, the other four
the Robbery from the other ftealing from the Perfon. riding on towards E. about three Miles further,
3 Inft. 68. H. P. C. 71. Dalt. 364. And if there be they affaulted a Man, and three of them robbed
only an Attempt to rob, without any Taking, it is him; it was refolved, that the Party who rode a-
,not Felony, but a Mifdemeanor punishable by Fine way from the reft, was not guilty of the Robbery,
and Imprisonment, &c. Wood's Inft. 369. There is tho' he went out with them upon the fame Defign,
a Taking in Deed, and a Taking in Law, in Robbe- becauſe he left them at H. and fell not in with them,
ries; as when a Thief only receives Money of a Tra- for it may be he repented of what was defign'd, or
veller, who delivers it through Fear; or if he com- at least he purfued it not: But the other four
pels him for Fear of Death to fwear that he will were adjudged guilty, although one of them was
fetch him a Sum of Money, and he delivers it; this not actually prefent at the Robbery. 1 Hale's Hift. P.
is a Taking in Law, and adjudg'd a Robbery, 3 Inft. C. 537. A Robbery was committed upon the Thames
The Robber muft be in Poffeffion of a Thing ftolen: in a Ship there, on that Side of the River which is
For Example; If the Bag or Purfe of a Man be in Middlefex, and the Offenders were indicted for it
faftened to his Girdle, and the Thief the more eafi-as done in or near the King's Highway, and oufted
ly to take it do cut the Girdle, whereby it falls to of their Clergy; for the Thames is in Truth Alta
the Ground, it is no Taking by Reafon the Robber via Regia, the King's High Stream. Ibid. 536. Stat.
Poffeffion thereof: But if the Thief 23 H. 8. The Words in an Indi&ment for a Rɔb-
never had any
take up the Bag or Purfe, and in Striving let it fall, bery, by the old Form of Proceedings, arc, a Per-
tho' he never take it up again; or if finding little fona A. B. violenter felonice Cepit & afportavit in mag-
in the Purſe, he delivers it with all the Money to num Terrorem, &c. And the Robbery muft be laid in
the Party again; thefe are a felonious Taking, be- the Indictment to be done in Alta via Regia; If it
caufe he had it in his Poffeffion; and the Continu- be alledged to be done in quadam via Regia pedestri
ance of his Poffeffion is not required by Law. ducent. de London ad Iflington, &c. the Offender
3 Inft. 69.
And where a Man throws his Purfe into will not be oufted of his Clergy, becauſe the Words
a Bush, to conceal it from the Robber, who per- of the Statute to this Purpofe are, in or about or
ceiving it, takes it up, this is deem'd in Law a Ta-near the Highway. I Hawk. P. C. 97. 2 Hawk. 342.
king from the Perfon; fo if a Man had thrown off Moor 5. Streets in Cities are Highways, as to Rob-
his Coat, and whilft it lies in his Prefence, a Thief beries, &c. by a late Statute, 6 Geo. 1.
affaults him and takes his Coat, it is a Robbery; and fons who with offenfive Weapons, fhall affault, or
if one endeavouring to make his Eſcape from a in a forcible Manner demand Money, &c. of any
Robber, drops his Hat, and the Thief takes it up, it Perfon, with an Intent to commit Robbery, fhall be
is a Taking from the Perfon. Ibid. The Taking guilty of Felony, and be transported for feven Years.
away a Horfe which a Man is actually riding, is not Stat. 7 Geo. 2. c. 21.
only Robbery; but if the Horfe is ftanding by him,
and be taken away, it is the fame; and a Claim of
Property, without Colour for it, will not avail:
But if any Man leaves his Horfe tied, and fteps
afide; or if a Carrier follows his Horfe at a Di- South'ton,
ftance, and they are taken by a Thief, fuch Taking
!
Form of an Indictment for a Robbery.
ff.
THE
And Per-
HE Furors, &c. That A. B. late
of, &c. in the faid County, La-
is not a Taking from the Perfon, to make it Robbery. bourer, on the Day, &c. in the Year of the Reign, &c.
Dalt. 364. Pult. 128. If a Perfon having affaulted with Force and Arms, between the Hours, &c. in the Af-
me, drives my Cattle in my Prefence out of my ternoon of the fame Day, in the King's Highway, near a
certain
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certain Place called, &c. in the Parish of H. in the
County aforefaid, made an Affault upon one C. D. of R.
in the faid County, Gentleman, then and there being in the
Peace of God and of our faid Lord the King, and then
and there did violently and feloniouſly take and carry away
from the Perfon of him the faid C. D. ten Pounds of law
ful Money of Great Britain, in. ready Money of the
Goods and Chattels of the faid C. D. then and there found,
to the great Terror of him the faid C. D. and against the
Peace, &c.
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be kept to hard Labour, and alfo corrected by
Whipping, in Manner and as often as they think
fit; and afterwards the Offender is to be paffed a
way to his Place of Settlement: And if he make
his Efcape from Prifon, he fhall be judged guilty
of Felony, and be tranfported for feven Years, &c.
Stat. 13 Geo. 2. c. 24. ·
Bogus, (Lat.) A great Fire, wherein dead Bodies
were burn'd; and ſometimes it is taken for a Pile of
Wood. Clauf. 5 Hen. 3.
Roll, (Rotulus) Is a Schedule of Parchment that
may be turned up with the Hand in the Form of a
Pipe. Staundf. P. C. 11. Rolls are Parchments on
which all the Pleadings, Memorials, and A&ts of
Courts are entered and filed with the proper Officer;
and then they become Records of the Court. 2 Lill.
Abr. 491. And by a Rule made by the Court of
King's Bench, every Attorney is to bring in his Rolls
limited, viz. The Rolls of Trinity, Michaelmas, and
Hillary Terms, before the Effoin Day of every fub-
fequent Term and the Rolls of Eafter Term before
the firft Day of Trinity Term; and no Attorney at
large, or any other Perfon, fhall file any Rolls, &c.
but the Clerks of the chief Clerks of this Court.
Ord. B. R. Mich. 1705. If Rolls are not brought
into the Office in Time, it has been ordered that
they fhall not be received without a particular
Rule of Court for that Purpoſe. Mich. 9 W. 3.
Bobberies, Where committed on the Highway
in the Day-time of any Day, except Sunday, the
Hundred is chargeable: If the Robbers are not ta-
ken in 40 Days, &c. the Hundred fhall answer it,
and Hue and Cry is to be made after the Robbers;
alſo if the Robbers are taken, and profecuted by the
Party robbed, he fhall have Reftitution of his Goods,
c. Stat. 27 Eliz. 21 Hen. 8. And he who appre-into the Office fairly ingroffed by the Times thereby
bends and profecutes a Robber on the Highway to
Conviction, fhall receive of the Sheriff of the
County, where the Robbery was done 40 1. (produ-
cing the Certificate of the Judge before whom
the Perfon was convicted) with his Horfe, Furni-
ture, Arms, &c. And if any Perfon out of Pri-
fon, having committed any Robbery, difcovers two
or more Robbers, fo as they are convicted, he shall
be intitled to a Pardon. 4 W. & M. cap. 8. How
to fue the Hundred for Money loft on Robberies, fee
Hue and Cry and Hundred.
-
Robbers, (Robatores) Are interpreted to be mighty
Thieves by Lambard in his Eiren. lib. 2. cap. 6.
Latrones validi, qui in Perfonas hominum infilientes, bona
fua diripiunt. Spelm.
Robbersmen or Roberdsmen, Were a Sort of
great Thieves, mentioned in the Statutes 5 Ed. 3.
c. 14. and 7 R. 2. c. 5. of whom Sir Edw. Coke fays,
That Robin Hood lived in the Reign of King Rich. 1.
on the Borders of England and Scotland, by Rob-
bery, Burning of Houfes, Rapine and Spoil, &c.
and that thefe Roberdsmen took Name from him.
3 Inft. 197.
Bochet, Is a Linen Garment worn by Bishops, ga-
thered at the Wrifts; it differs from a Surplice, which
hath open Sleeves hanging down, but a Rochet hath
clofe Sleeves. Lyndw. lib. 3.
Rod, (Roda terra) A Meaſure of fixteen Foot and
a Half long, otherwife called a Ferch.
Bod-nights, (From the Sax. Rad, i. e. Equitatio
& Cnyt, Famulus, quafi Miniftri Equitantes) Certain
Servitors, who held their Land by ferving their
Lords on Horfeback. Bract. lib. 2. cap. 35.
Rogation-eck, (Dies Regationum, Robigalia) Is
a Time to called, becauſe of the fpecial Devotion |
of Prayer and Fafting then injoined by the Church,
for a Preparative to the joyful Remembrance of
Christ's Affenfion. Cowel. Robigalia, dies feftus
feptimo Calend. Maii celebrari folitus, &c. ut Robi
ginem à fegetibus averteret: Rogation, or Gang-Week.
Litt. Dict.
*
Bogue, (Fr.) Signifies an idle sturdy Beggar;
who by antient Statutes, for the firft Offence was
called a Rogue of the first Degree, and punished by
Whipping, and boring through the Griftle of the
right Ear with a hot Iron; and for the fecond Of
fence, he was term'd a Rogue of the fecond Degree,
and executed as a Felon, if he were above cighteen
Years old. 27 Hen. 8. cap. 25. 14 Eliz. cap. 5, &c.
And by a late A, Perfons apprehended as Vaga
bonds, and efcaping, or refufing to go before a
Juftice, or giving a falfe Account of themfelves;
and all fuch Perfons breaking Prifon, before the
Expiration of the Term, or who having been pu-
nished and diſcharged, commit a fecond Offence,
are adjudged incorrigible Rogues. A Juftice of Peace
may fend any fuch Rogue to the Houfe of Correc-
tion till the next Seffions; and then the Juftices
fall order him to be detained fix Months, and to
3:
Rolls Office of the Chancery. There is an Of-
fice called the Rolls Office in Chancery Lane, anti-
ently called Domus Converforum, which contains all
the Rolls and Records of the High Court of Chan-
cery, the Mafter whereof is the fecond Perfon in the
Chancery, &c. See Master of the Rolls.
Rolls of the Exchequer, Are of feveral Kinds,
as the great Wardrobe Roll, the Coffèrer's Roll, the
Subfidy Roll, &c.
Bolls of Parliament, The Manufcript Regifters
of the Proceedings of our old Parliaments; and our
Statutes being antiently ingrofs'd in Parchment: In
thefe Rolls are likewife a great many Decifions of
difficult Points in Law; which were frequently in
former Times referred to the Determination of this
fupreme Court by the Judges of both Benches, &c,
Nichol. Hift. Libr. 47.
Rolls of the Temple. In the two Temples is a
Roll called the Calves-head Roll, wherein every
Bencher, Barrifter, and Student, is taxed yearly at
fo much to the Cook and other Officers of the
Houfes, in Confideration of a Dinner of Calves-
beads provided in Eafter Term. Orig. Jurifd. 199.
Roma-pedite, Pilgrims that travel to Rome on
Foor. Matt. Parif. Anno 1250.
Romefcot, (Romefeoth vel Romefee, Romepeny) Is
compounded of Rome and Scot; as if you would fay
the Scot or Tribute due to Rome: It was one Peny
for every Family or Houfhold, paid yearly to
Rome. And Mat. Westminster fays it was Confuetudo
Apoftolica, à qua neque Rex, neque Arch epifcopus, vel
Epifcopus, Abbas vel Prior, aut quilibet in Regno immus
nis erat. See Peter- Pence.
Rome, Church of, its Incroachment of Power
here, and how fuppref'd; and no Impofition to be
paid to the Bishop of Rome, &c. Vide Stat. 25 H. S.
and Pope.
Bood, or Holy Rood, Signifies the Holy Crofs.
Rood of Land, (Rodata Terre) Is the fourth
Fart of an Acre. Stat. 5 Eliz. c. 5.
Ros, A Kind of Rufhes, which fome Tenants
were obliged, by their Tenures, to furniſh their
Lords withal. Brady.
Rofe-Tile, To lay upon the Ridge of a Houſe,
is mentioned in the Statute 17 Ed. 4. cap. 4.
Bofetum, A low watery Place of Reeds and
Rufhes; and hence the Covering of Houfes with æ
Thatch made of Reeds, was called Rofetum. Cartu-
lar. Glafton. MS. 107.
Bolland,
80
}
!
RU
RU
Bolland, Heathy Land, or Ground full of Ling;
alfo watry and moorish Land, from the Br. Rhos.
I Inst. 5.
Bother-Beats, Under this Name are compre-
hended Oxen, Cows, Steers, Heifers, and fuch like
horned Beaſts. 21 Fac. c. 18.
Rouble, Coin in Muscovy going for ten Shillings,
Sterling, Merch. Dict.
of it, than there were for the Making of it, or
not. 2 Lill. 494. Where a Rule of Court is made,
and it is not drawn up and entered before the Con-
tinuance Day of the fame Term, the Clerk of the
Rules will not draw it up afterwards until the Court
be moved, and ſhall again order it to be entered.
Botulus Wintonie, Was an exa&t Survey of Pafch. 1656. For Breach and Contempt of a Rule
all England, per Comitatus, Centurias, & Decurias, of Court, an Attachment lies; and if a Rule of
made by King Alfred, not unlike that of Domefday; Court is made betwixt Parties by their Confent,
and it was fo called, for that it was of old kept though the Court would not have made fuch Rule
at Winchester, among other Records of the King-without their Confent, yet if either Party refuſe
dom; but this Roll Time hath confumed. Ingulph. to obey fuch a Rule made, the Court will upon
Hift. 516.
Motion grant an Attachment against the Party that
difobeys the Rule. Hill. 155. But generally an
Attachment is not grantable for Difobedience to
Bout, (Fr. Route, i. e. a Company or Number) any Rule, unless the Party hath been ferved with
In a legal Senfe fignifics an Affembly of Perfons, it perfonally; nor for difobeying a Rule at Nift
going forcibly to commit an unlawful A&t, though prius, till it is made a Rule of Court; or for Dif-
they do not do it. Weft. Symb. par. 2. A Rout is the obedience to a Rule made by a Judge at his Cham-
fame which the Germans call Rot, meaning a Band ber, if it be not enter'd. 1 Salk. 71, 83. And a
or great Company of Men gathered together, and Rule not entered, is of no Force to ground a Mo-
going to execute, or indeed executing any Riot or tion upon, &c.
unlawful A&: But the Stat. 18 Ed. 3. cap. I. againſt
Routs before Juftices, or in Affray of the People,
and the 2 R. 2. c. 6. that speaks of riding in great
Routs, to make Entry into Lands, c. do feem to
make it to be where the Perfons unlawfully affem-
bled, have moved forward in order to do the un-
lawful A&, but part without doing it; for whether
they put their Purpofe in Execution or no, if they
go, ride, or move forward, after their Meeting, it
is a Rout. Broke 4, 5. Dalt. 321. However, two
Things are common to Riots, Routs, and unlawful
Affemblies; the one, that three Perfons at least be
gathered together; the other, that they being toge-
ther do disturb the Peace, either by Words, Shew
of Arms, turbulent Gesture, or actual Violence, &c.
Lamb. Eiren. lib. 2. cap. 5. Procefs granted against
Perfons caufing Routs, &c. Vide 18 Ed. 3.
·
Royal flent, (Regius Aſſenfus) Is that Affent or
Approbation which the King gives to a Thing done
by others; as to a Bill paffed in both Houfes of
Parliament; to the Election of a Biſhop by Dean
and Chapter, &c. Cromp. Jurifd. 8. F. N. B. 170.
See Le Roy le veut.
Royalties, (Regalitates) The ſeveral Sorts of,
you may fee under Prerogative and Regalia. Thofe
Royalties which concern Government in an high
gree, the King may not Grant or Difpofe of Jenk.
Cent. 19.
Rule of Court may be granted to any Prifoner
in the King's Bench or Fleet Prifons, every Day
the Courts fit, to go at large, if fuch Prifoner
hath Buſineſs in Law of his own to follow. 2 LiH.
Abr. 493. *
Rumney March. King Hen. 3. granted a Char-
ter to Rumney Marsh, in the County of Kent, im-
powering Twenty-four Men thereunto choſen to
make Diftreffes equally upon all thoſe which have
Lands and Tenements in the faid Marsh, to repair
the Walls and Water-gates of the fame, against the
Dangers of the Sea: And there are feveral Laws
and Cuftoms obferved in the faid Marfh, cftablished
by Ordinances of Juftices thereto appointed, in the
42d Year of King Hen. 3. the 16 Edw. 1. the 33
Ed. 3. &c.
Rumours, Spreading fuch as are falfe, is cri-
minal and punishable at Common Law. 1 Hawk.
P. C. 234.
Buncaría, (From Runca) Signifies Land full of
Brambles and Briars. 1 Inft. 5.
Buncínus, Runċilus, (Ital. Runzino) Is uſed for
a Load-Horfe, and a Cart-Horfe, in Domefday;
which Chaucer calls a Rowney.
Bunlet, Is a Meaſure of Wine, Oil, &c. con-
De-taining eighteen Gallons and a Half. 1 R. 3. c. 13..
And it is faid to be an uncertain Quantity of
Liquor, from Three to Twenty Gallons. Merch. Dict.
Rubricks, (à Rubro colore, becauſe antiently writ
in Red Letters) Are Conſtitutions of our Church,
founded upon the Statures of Uniformity and Pub-
lick Prayer, viz. 5 & 6 Ed. 6. cap. 1. 1 Eliz. cap. 2.
13 & 14 Car. 2. c. 2.
Budmas-Day, (From the Sax. Rode, i. e. Crux,
and Maſs-day, i. e. Feaſt day) The Feast of the Ho-
ly Crofs; and there are two of thefe Feafts, one on
the 3d of May, the Invention of the Crofs; and the
other the 14th of September, called Holy-Rood Day,
and is the Exaltation of the Crofs.
Rules of Court, Attornies are bound to ob-
ferve the Rules of the Court, to avoid Confufion; alfo
the Plaintiff and Defendant in a Caufe are at their
Peril to take Notice of the Rules made in Court
touching the Caufe between them. 2 Lill. Abr. 492,
493. The Court will not make a Rule for a Thing
which may be done by the ordinary Courſe; and
if the Court be inform'd that they have made fuch
a Rule, they will vacate it. Mich. 22 Car. B. R.
And if a Rule be made by the Court grounded up-
on an Affidavit, the other Side may move the
Court against this Rule; and thereupon fhall bring
into Court a Copy of the Affidavit and Rule made,
that the Affidavit may be read, to put the Court in
Mind for what Reaſons they made the Rule, and
whether there be ftronger Reafons for the Vacating
|
Buptarii, Were Soldiers, or rather Robbers,
called alfo Rutarii; and Rutta was a Company
of Robbers: Hence we derive the Word Rout, and
Bankrupt. Matt. Parif. Anno 1250.
Ruptura, Arable Land, or Ground broke up, as
uſed in antient Charters.
Bural Deans, Were certain Perfons having Ec-
clefiaftical Jurifdi&tion over other Minifters and Pa-
rifhes near adjoining, affigned by the Bishop and
Archdeacon, being placed and difplaced by them;
ſuch as the Dean of Croydon, &c. Lyndw. cap. 1.
-Sunt Decani Temporales ad aliquod Minifterium
fub Epifcopo vel Archiepifcopo exercendum conftituti, qui
nec habent Inftitutionem Cononicam fecundum Doctores.
Spelm. And thefe Rural Deans were antiently
termed Archipresbyteri, and Decani Chriftianitatis. Ken-
net's Paroch. Antiq. See Dean.
*
Rufca, A Tub or Barrel of Butter, which in Ive-
land is called a Ruskin : Rufca apum fignifies a Hive
of Bees. Mon. Angl. Tom. 2. pag. 986.
Buscaria, The Place where Kneeholm or Broom
grows. Co. Litt. 5.
Ruffia Company of Merchants, and their Privi-
leges, &c. Sec Mufrovy Company.
Ruftici, The Clowns or inferior Country Te-
pants, who held Cottages and Lands by the Ser-
vice of Plowing and other Labours of Agriculture
for
2
SA
SA
7
for the Lord; and the Land thus held was
guished by the Name of Terra Rufticorum. Paroch.
Antiq. 136.
Bye, A Corn or Gain, of which Bread is made
in fome Parts of England.
diſtin-Curate at leaſt a Day before it is adminiftred. Can.
27. Count. Parf. Comp. 36, 37, 38. If a Minifter
refuſe to give the Sacrament to any one, being re-
quired by the Bifhop, he is to certify the Caufe of
fuch Refufal; and a Parfon refufing to adminifter
the Sacrament to any, without juft Čaufe, is liable
to be fued in Action of the Cafe; becauſe a Man
may have a Temporal Lofs by fuch Refuſal. Right
Clergy 489. By Statute, no Perfons fhall be chofen
into any Office of Magiſtracy, or Place of Truſt,
Bye and Winchelfea, An A&t against Ballaft caft
into the Channel at Rye and Winchelsea, &c. 2 Ed.
6. c. 30.
S.
Sabafabbatatius, A Sabbatarian or or or
Abaía, A Sort of poor fmall Beer. Litt. Dia.
Sabbatarius, A Sabbatarian or Jew; of or be
longing to the Sabbath.
Sabbatum, The Sabbath, or Day of Reft; the
feventh Day from the Creation: It is uſed for Peace,
in the Book of Domesday.
Sabellinæ pelles, i. e. Sable Furs, mentioned in
Hoved. pag. 758.Statutum fuit in Anglorum gente
ne quis Efcarleto, Sabellino vario, vel grifeo uteretur.
Brompt. Anno 1188.
Sabulonarium, A Gravel-Pit; or Liberty to dig
Gravel and Sand; alfo the Money paid for the
fame. Pet. Parl. temp. Ed. 3.
c. unless they receive the Sacrament, according to
the Rites of the Church of England, and deliver a
Certificate thereof to the Court of King's Bench
or Quarter-Seffions, under the Hand of the Miniſter,
and prove it by Witneffes. 13, 14 & 25 Car. 2. In
every Parish Church the Sacrament is to be admi-
niftered three Times in the Year, (whereof the Feast
of Eafter to be one) and every Layman is bound to
receive it thrice every Year, &c. In Colleges and
Halls of the Univerfities, the Sacraments are to be
adminiftred the firit or fecond Sunday of
every
Month; and in Cathedral Churches, upon all princi-
pal Feaft-Days. Canon 21, 22, 23. The Church-
wardens as well as the Minifter are to take Notice
whether the Parishioners come fo often to the Sa-
Sac, (Saca vel Sacha) Is an antient Privilege crament as they ought, and on a Church warden's
which a Lord of a Manor claims to have in his Prefenting a Man for not receiving the Sacrament,
Court, of holding Plea in Caufes of Trefpafs arifing he may be libelled in the Ecclefiaftical Court and
among his Tenants, and of impofing Fines and A-excommunicated, &c. Reviling the Sacrament of
mercements touching the fame: But by fome Wri- the Lord's Supper is puniſhable by Fine and Impri-
ters it is the Amercement and Forfeiture it felf. fonment. 1 Eliz. cap. 1.
Raftal. In the Laws of King Edward, fet forth by
Lambard, Saca is faid to be the Amerciament paid
by him who denies that which is proved against him
to be true; or affirms that which is not true. Lamb.
244. And according to Fleta, Sac fignificat acquie-
tantiam de fecta ad Comitatum & Hundredum. Flet.
lib. cap. 47. Precip. ut A. B. bene & libere habeat
Socam & Sacam. Brev. Hen. 2.
Saca, In the Saxon properly fignifies as much
as Caufa in Lat. whence we in English ftill retain
the Expreffion, For whofe Sake, i. e. For whofe
Caufe, c.
Saccini, Monks fo called, because they wore
next their Skins a Garment of Goats-Hair; and
Saccus is applied to coarfe Cloth made of ſuch Hair.
Walfingh.
Sacramentum, Ís us'd for an Oath: The common
Form of all Inquifitions made by a Jury runs thus,
Qui dicunt fuper Sacramentum fuum, &c. whence
poffibly the proverbial Offering to take the Sacra-
ment of the Truth of a Thing, was firſt meant by
Attefting upon Oath.
Sacramentum altaris, The Sacrifice of the
Mafs, or what is now called the Sacrament of the
Lord's Supper; for which Communion in the
Times of Popery, the Parish Prieft provided
Bread and Wine for the People and himſelf, out
of the Offerings and Oblations. Paroch. Antiq.
488.
Sacaburh, or Sacabere, Is he that is robbed,
or by Theft deprived of his Money or Goods, and Sacrilege, (Sacrilegium) Is Church Robbery, or a
puts in Surety to profecute the Felon with fresh Taking of Things our of a Holy Place; as where
Suit. Briton, cap. 15 ❀ 29. With whom agrees a Perfon fteals any Veffels, Ornaments, or Goods
Bracton, lib. 3. cap. 32. The Scots term it Sickerborgh, of the Church: And it is faid to be a Robbery of
that is certum vel fecurum Plegium vel Pignus; God, at least of what is dedicated to his Service.
for with them Siker fignifieth fecurus, and Borgh, 3 Cro. 153. If any Thing belonging to private
Plegius.
Perſons, left in a Church be ftolen, it is only com-
mon Theft, not Sacrilege: But the Canon Law deter-
mines that alfo to be Sacrilege; as likewife the Steal-
ing of a Thing known to be confecrated, in a Place
not confecrated. Treat. Laws 360. By the Civil Law,
Sacrilege is punished with greater Severity than any
other Thefts; and the Common Law diftinguiſhed
this Crime from other Robberies; for it denied the
Benefit of the Clergy to the Offenders, which it did
not do to other Felons: But by Statute it is put up-
Sack of Wool, A Quantity of 26 Stone of on a Footing with other Felonies, by Making it Fe-
Sheeps Wool; and of Cotton-Wool, from One lony excluded of Clergy, as most other Felonies are.
hundred and a Half to Four hundred. Stat. 14 Ed. 3.2 Inft. 250. All Perfons not in Holy Orders, who
cap. 2.
Saccis, Fratres de Saccis, the Sack-cloth Brethren,
or the penitential Order. Placit. 8 Ed. 2.
Saccus cum bochia, Is a Service or Tenure of
Finding a Sack and a Broach to the King, for the
Ufe of his Army. Bract. lib. 2. cap. 16.
fhall be indicted, whether in the fame County where
Sacrament, (Sacramentum) Is the most folemn A&t the Fa&t was committed, or in a different County,
of Worship amonft us, being inftituted by our Sa- of Robbing any Church, Chapel, or other Holy
viour himſelf; and by the Rubrick there must be Place, are excluded from their Clergy, by 23 H. 8.
Three at the leaft to communicate, and a Minifter c. I. 25 H. 8 c. 3. 5 & 6 Ed. 6. c. 10. And all
is not without lawful Caufe to deny it to any who Perfons in general are oufted of their Clergy for
fhall devoutly and humbly defire it: But notorious the felonious Taking of any Goods out of any Pa-
Sinners are not to be admitted to it till they have rifh Church, or other Church or Chapel, by the
repented; nor thofe who malicioufly contend until 1 Ed. 6. c. 12. But the Word Robbing being always
they are reconciled, &c. alfo the Sacrament is taken to carry with it fome Force, it feems no Sa-
not to be adminiftered to fuch who refufe to be pre-crilege is within thefe Statutes, which is not accom
fent at the Prayers of the Church, or to Strangers; panied with the actual Breaking of a Church, &c.
for a Minifter is not obliged to give it to any but
thofe of his own Pariſh; and the Partakers of the
Holy Sacrament ought to fignify their Names to the
Kel. 58, 69. Dyer 224. And the Statute 23 H. 8.
is the only A& which extends to Acceffaries to
thefe Robberies; except the Offence amount to
Burglary,
SA
SA
t
1
Burglary, in which Cafe Acceffaries before are
oufted of Clergy, by 3 & 4 W & M. c. 9. 2 Hawk.
P. C. 351.
Sacrilege, Or Alienation to Laymen and to pro-
fane or common Purpoſes of what was given to
Religious Perfons, and to pious Ufes, was a Guilt
which our Fore-fathers were very tender of in-
curring and therefore when the Order of the
Knights-Templars was diffolv'd, their Lands were
given to the Knights Hofpitallers of Ferufalem for
This Reafon.- Ne in pios ufus erogata contra Dona-
toram voluntatem in alios ufus diftraherentur. Paroch.
Antiq. 390.
ufed in the Statute 23 Ed. 3. c. 1. Salarium at firſt
fignified the Rents or Profits of a Sala, Hall or
Houfe; (and in Gascoigne they now call the Seats of
the Gentry Sala's, as we do Halls) but afterwards it
was taken for any Wages, Stipend, or annual Al-
lowance.
7
Sale, (Venditio) Is the Transferring the Property
of Goods from one to another, upon valuable Con-
fideration: And if a Bargain is that another fhall
give me 1. for fuch a Thing, and he gives me
Earneft, which I accept, this is a perfe&t Sale. Wood's
Inft. 316. On Sale of Goods, if Earneft be given
to the Seller, and Part of them are taken away by
Sacrifta, (Lat.) A Sexton, belonging to a Church, the Buyer, he must pay the Refidue of the Money
in old Times called Sagerfon and Sagifton.
upon fetching away the reft, becauſe no other Time
Safe-condu&, (Salvus Conductus) Is a Security is appointed; and the Earneft given binds the Bar-
given by the Prince, under the Great Seal to again, and gives the Buyer a Right to demand
Stranger, for his Safe-coming into and paffing out the Goods; but a Demand without paying the
of the Realm; the Form whereof is in Reg. Orig. Money is void: And it has been held, that af-
25. There are Letters of Safe conduct which must ter the Earneft is taken, the Seller cannot difpofe
be inrolled in Chancery; and the Perfons to whom of the Goods to another, unless there is fome De-
granted must have them ready to fhew: And touch-fault in the Buyer; therefore if he doth not take
ing which there are feveral Statutes, viz. 9 H. 3.
6.30. 15 H. 6. c. 3. 28 H. S. c. I.
Safe-guard, (Salva Guardia) A Protection of the
King to one who is a Stranger that fears Violence
from fome of his Subjects, for fecking his Right by
Courfe of Law. Reg. Orig. 26.
Safe-pledge, (Salons Plegius) A Surety given for
a Man's Appearance at a Day affign'd. Braît. lib. 4
cap. 2.
Sagaman, (From the Sax. Saga, i. e. Fabula)
Signifies a Tale-Teller, or fecret Accufer. Leg.
Hen. 1. c. 63.
Sagibaro, alias Sachbaro, Is the fame that we
now call Fufliciarius, a Judge. Leg. Ina, c. 6.
away the Goods and pay the Money, the Seller
ought to require him fo to do; and then if he doth
not do it in convenient Time, the Bargain and Sale
is diffolved, and the Seller may difpofe of them to
any other Perfon, 1 Salk 113. A Seller of a Thing
is to keep it a reasonable Time, for Delivery: But
where no Time is appointed for Delivery of Things
fold, or for Payment of the Money, it is generally
implied that the Delivery be made immediately,
and Payment on the Delivery. 3 Salk. 61. Where
one agrees for Wares fold, the Buyer must not
carry them away before paid for; except a Day of
Payment is allowed him by the Seller. Noy 87. It is
faid a perfect Bargain and Sale between Partics, will
Red-be good, though the Seller knows of an Execution
that is against him; and doth fell the Goods to pre-
vent the falling of it upon then. 3 Skep. Abr 115. A
Sale may be of any living or dead Goods in a Fair
or Market, be they whofe they will, or however the
Seller come by them; if made with the Cautions
required by Law:. But if one fell my Goods unduly,
I may have them again. Doct. and Stud. 328. Perk.
Seft. 93. If a Man affirms a Thing fold is of fuch
a Value when it is not, this is not actionable, but
if he a&ually Warrants it, at the Time of the Sale,
and not afterwards, it will bear an Action, being
Part of the Contra&t. 2 Cro. 5, 386, 630. 1 Roll.
Abr. 97. See Contract. And Sales of Goods in Mar-
kets, to be binding, &c. Vide Market.
Sagitta Barbata, A bearded Arrow
dendo inde annuatim pro omni fervitio fex Sagittas Bar-
batas ad Feftum Sancti Michaelis, &c. Blount.
Sagittaria, A Sort of ſmall Ships or Veffels, with
Oars and Sails. R. de Diceto, anno 1176.
•
I
-
Salet, Is a Head-piece, (from the Fr. Salut, i.e.
Salus) A Salet or Scull of Iron, &c. 20 R. 2. c. 1.
Salicetum, The Soil where Willows grow, or
an Ofier Bcd. 1 Inft. 4.
Sail-Cloth. For encouraging the Manufacture
of Sail-Cloth, any Perfons may import into this
Kingdom undreſs'd Flax, without paying any Duty
for the fame, fo as a due entry be made thereof at
the Custom-houfe, &c. And no Drawback is to be
allowed on Re-exportation of foreign Sail-Cloth: But
an Allowance ſhall be made of 1 d. per Ell for British
Sail-Cloth exported, &c. 4 Geo. 2. c.27. All foreign |
Sail Cloth imported, from which Duties are granted,
fhall be ftamped, expreffing from whence imported,
c. And Manufacturers of Sail Cloth in this King-
dom, are to affix to every Piece by them made, a
Stamp containing their Names, and Places of A-45 P & M.
bode, or expofing it to Sale fhall forfeit 10.1 And
if Perfons cut off or obliterate fuch Stamps,
they incur a Forfeiture of 5 1. upon Conviction be-
fore one or more Juftices, to be levied by Diftrefs,
Exc.
Ships built on firft fetting out to Sea, to have
one complete Set of Sails manufactured here, on
Pain of 50 1. And no Sail-maker may work up into
Sails foreign Sail-Cloth not ftamped, under 20 1. Pe-
nalty: Alfo Sail-Cloth made in Great Britain, the
Pieces being of certain Lengths and Breadths, fhall
weigh fo many Pounds each Bolt, and the Warp
be Wrought of double Yarn, &c. And Flax Yarn
ufed in British Sail-Cloth, not to be whitened with
Lime, on Forfeiture of 6 d. a Yard. Sail-makers,
c. are to caufe this A&t to be put up in their Shops
and Work-houfes, under the Penalty of 40 s. Stat.
9
any
Geo. 2. c. 37.
Saio Saiones, Fri vel Magiftratus Minifter. A
Tipftaff or Serjeant at Arms; derived from the Sax.
Sagol, i. e. Fuftis, becauſe they uſe to carry a Rod
or Staff of Silver.
Salary, (Salarium) Is a Recompence or Confi-
deration made to a Perfon for his Pains and In-
duſtry in another Man's Bufinefs: The Word is
Salina, Is a Salt-pit, or Place wherein Salt is
made: And Salina is fometimes wrote for Salma,
i. e. a Pound-Weight. Chart. 17 Ed. 2. and Statute
R. 1.
Salique Law, (Lex Salica) A Law by which
Males are only to inherit; it is peculiar to the
French, and was made by Pharamond King of France.
De Terra Salica nulla portio hæreditatis Mulieri
veniat, fed ad virilem fexum tota Terra bæreditas perve-
niat, &c.
Salisbury, For better repairing the Highways,
Streets and Water Courſes in the City of Salisbury,
and enlightening the Streets, &c. the Mayor, Re-
corder, and Juftices of the faid City, with four
principal Inhabitants of each Parish, are appointed
Truftees, &c. Stat. 10 Geo. 2. c. 6.
Salmon, No Perfons may take Salmons in Rivers,
between the 8th of September, (by late A&ts 1lt Au
gust) and the 11th November; and Salmon not to be
taken under eighteen Inches long, r. under Pe-
nalties. Stat 13 Ed. 1. 1 Eliz. c. 17. None fhall fell
any Salmon in Veffels before it be view'd, unleſs the
Barrel
*
1
1
{
4
SA
SA
Barrel contain forty-two Gallons, and the Half
Barrel twenty-one Gallons, well packed, and the
great Salmon by itfelf, and fmall Fish by themfelves,
c. on Pain to forfeit for every Veffel 6 s. 8 d.
Stat. 22 Ed. 4. c. 2. See Fish.
Salmon-pipe, An Engine to catch Salmons, or
fuch like Fifh. 25 H. 8. c. 7.
to fhelter fuch as had committed both Felonies and
Treafons; fo as within forty Days they acknow
ledged their Fault, and fubmitted themselves to
Banifhment; during which Space, if any Layman
expelled them, he was excommunicated; and if a
Clerk, he was made irregular. Mat. Weft. Ann. 1871
S. P. C. lib. 2. cap. 38. Fleta, lib. 1. cap. 29. Sta
John's of Beverley in Yorkshire had an eminent Sanc-
tuary belonging to it in the Time of the Saxons &
And St. Buriens in Cornwal had the like granted by
King Athelstan, Anno 935. fo had Westminster granted
by King Edward the Confeffor; and St. Martins le
Grand in London. 21 H. 8. c.
་
Saltatozium, Signifies a Decr-Leap; Quod habeat
unum Saltatorium in Parco de B. Pat. 1 Ed. 3.
Salt. The Price of Salt is to be fet by Juftices
of Peace in their Seffions; and Perfons felling it at
a higher Rate fhall forfeit 51 Alfo Salt fhall be
fold by Weight after the Rate of 56 lib. to the Bufhel,
under the like Penalty: Stat, 9 & 10 W. 3. And a
Duty is impos'd on Salt by Statute; Pits to be en-the Name of fuch till they had the Pope's Bull, tho
ter'd, &c. at the Salt Office on Pain of 40%. Penalty;
and Proprietors removing Salt from any Pit, be-
fore weighed in Prefence of the proper Officer, to
forfeit 201. &c. 10 & 11 W. 3. 1 Ann. c. 21. But
the Duties on Salt made in this Kingdom were taken
off; and Duty on foreign Salt to continue, except
for the British Filhery, &c. by Stat. Geo. 2. c.
And fince the Duties on Salt have been revived and
continued, to be managed by Commiffioners, &c.
who may grant Licenſes to erect Houſes for Refi
ning of Rock Salt, at certain Places in the Counties
of Effex and Suſſex. 5 Geo. 2. & 7 Geo. 2. The Salt
Duties continued for a further Term, and under
the fame Provifions, c. with a Claufe of Loan of
500,000l. And Proprietors of Salt Works in Scot-
land, are not to pay their Work-People in Salt, un-
der the Penalty of 201. Stat. 8 Geo. 2. c. 12. By a
late Statute, the Salt Duties are further continued,
with a Loan of 1,200,000l. at 41. per Cent. Intereft,
Exc. Rock Salt may be uſed in the making of
Salt from Sea-Water in Works in Wales, paying the
Duties on both. 14 Geo. 2. cap. 22.
San&tuaries, It has been obferv'd, did not gain
they had full Privilege of Exemption from Tem
poral Courts by the King's Grant only: But no
Sanctuary granted by general Words, extended to
High Treafon; though it extended to all Felonies,
except Sacrilege, and all inferior Crimes, not com-
mitted by a Sanctuary Man; and it never was a Pro-
20.tection against any Action Civil, any farther than
to fave the Defendant from Execution of his Body,
&c. 2 Hawk. P. C. 335, 336. San&uaries were
abolished here by the Statutes 26, 28 & 32 H. S.
and 12 Ed. 6. And the Plea of Sanctuary with
Abjuration is taken away by 21 Fac. 1.
Salt-Duty in London. There is a Cuftom Duty
in the City of London called Granage, payable to the
Lord Mayor, &c. for Salt brought to the Port of
London, being the Twentieth Part. Cit. Lib. 125.
Salt-Silber, One Penny paid at the Feaft of St.
Martin, by the Tenants of fome Manors, as a Com-
mutation for the Service of Carrying their Lord's
Salt from Market to his Larder. Paroch. Antiq. 496.
Saltus, A high thick Wood or Foreft. See
Bofcus.
Salbage, Is an Allowance made for Saving of
Ships or Goods from Danger of Seas, Enemies,
&c. Merch. Dict. And by Statute, where a Ship
ſhall be in Danger of being ſtranded or run on Shore,
Juftices of Peace are to command Conftables to
affemble as many Men as fhall be neceffary to fave
the Ship; and being preferved by their Means, the
Perfons affifting fhall within thirty Days after be
paid a reaſonable Reward for the Salvage by the
Mafter of the Ship or Merchant, in Default whereof
the Ship or Goods fhall remain in the Cuftody of
the Officers of the Cuftoms as a Security. 12 Ann.
c. 18.
Salvagius, Wild, Savage; as Salvagius Catus,
the wild Cat. Rot. Cart. 1 Fob.
Salute, (Salus) Was a Coin made by K. Hen. 5.
after his Conquefts in France, whereon the Arms of
France and England were ftamp'd and quarter'd
Stow's Chron. 589.
Sandal, A Merchandize brought into England;
and a kind of red-bearded Wheat. See 2 R. 2.
cap. 1.
Sand-gabel, Is a Payment due to the Lord of
the Manor of Rodley in the County of Gloucester, for
Liberty granted to the Tenants to dig Sand for their
common Ufe. Tayl. Hift. Gavelk. 113.
Sane Memory, i. e. Perfect and found Mind and
Memory, to do any lawful A&t, &c. See Non
Sane..
Sanguinem emere, Was where Villeins were
bound to buy or redeem their Blood or Tenure,
and make themfelves Freemen. Omnes Cuftu
marii Tenen. de Manerio de Grendon debent Sanguinem
fuum emere. Lib. niger Heref.
Sanguis, Is taken for that Right or Power
which the chief Lord of the Fee had to judge and
determine Cafes where Blood was fhed. Mon.. Angl.
Tom. I. pag. 1021.
Sang and Sanke, Words used for Blood:
Sarabara, A Covering for the Head. Mat. Weftm.
Ann. 1295.
Sarclin-time, (From the Fr. Sarcler, Lat. Sar-
clare) Is the Time or Seafon when Husbandmen weed
their Corn.
Sarculatura, Weeding of Corn: Una Sarculatura,
the Tenant's Service of one Day's Weeding for the
Lord. Tenet in Bondagio, & debet unam Sarcu-
laturam, &c. Paroch. Antiq. 403.
Sarkellus, An unlawful Net or Engine for de-
ftroying Fish. Inquific. Fuftic. Ann. 1254.
Sarplar of cool, (Sarplera Lane, otherwife call
ed a Pocket) Is Half a Sack. Fleta, lib. 2. cap. 12.
Sart, or Affart, A Piece of Wood Land turn'd
into arable. See Affart.
Saffe, Is a kind of Wear with Flood Gates, moft
commonly in navigable and cut Rivers, for the dam
ming and fhutting up and loofing the Stream of
Water, as Occafion requires, for the better paffing
Sanita, Are the Reliques of the Saints; and of Boats and Barges: Tiris in the Weft of England
Furare fuper San&ta was to make Oath on thofe Re-is called a Lock; and in fome Places a Sluice. Stat.
liques. Leg. Canut. c. 57.
16 & 17 Car. 2. c. 12.
by the Welsh.
Sanftuary, (Santuarium) Is a Place privileged Sallons, The Corruption of Saxons, a Name of
for the Safe-guard of Offenders Lives, being found- Contempt formerly given to the English, while they
ed upon the Law of Mercy, and the great Reve-affected to be called Angles; they are still fo called
rence and Devotion which the Prince bears to the
Place whereunto he grants fuch Privilege. Sanc-
tuaries were firft granted by King Lucius to our
Churches and their Precincts; and among all other
Nations, our ancient Kings of England feem to have
attributed moſt to thofe Sanctuaries, permitting them
Satisfaction, Is the Giving of Recompence for
an Injury done; or the Payment of Money due on
Bond, Judgment, c. In which laft, it must be
entered on Record 2 Lill, Abr. 495. Where Mc-
ney given one by Will, fhall be held to be in Satis-
8 P
faction
་.
S.C
SC
C
1
faction of a Debt, being more than that amounts to
and where it is not, and both have been allowed.
Preced. Canc. 394, 395, 236. 2 Vern. 478. See Le-
gacy. Satisfaction and Amends may be pleaded for
involuntary Trefpafs, &c. by Stat. 21 Fac. 1. cap. 5.
Vide Payment.
Saturday's Stop, A Space of Time from Even-
fong on Saturday till Sun-rifing on Monday, in which
it was not lawful to take Salmon in Scotland, and
the Northern Parts of England. MS.
Saver-Default, Is a Law-Term for to excufe,
as when a Man having made Default in Appearance
in Court, &c. comes afterwards and alledges good
Caufe for it, viz. Imprisonment at the Time, or the
like: Book Entr.
·
Saunkelin, (Fr. from Sang, i. c. Sanguis & Fin,
Finis) Is the Determination or final End of the
lineal Race and Defcent of Kindred. Briton, cap.
119.
Sapon-lage, (Saxon-laga, Lex Saxonum) The Law
of the Weft Saxons by which they were governed.
See Merchenlage.
Scabini, Is a Word ufed for Wardens at Linne
in Norfolk: Sciant prafentes & futuri quod nos, &c.
Cuftodes five Scabini & fratres Fraternitatis five Gilde
Mercatorie Sancta Trinitatis Villa Lenne in Com.
Norf'. Chart. Hen. 8.
Scalam, Ad Scalam, The old Way of paying
Money into the Exchequer. The Sheriff, &c. is to
make Payment ad Scalam, i. e. Solvere præter quam-
libet numeratam libram fex denarios. Stat. W. 1. And
at that Time Six-pence fuper added to the Pound
made up the full Weight, and near the intrinfick
Value. This was agreed upon as a Medium to be
the common Eftimate for the defective Weight of
Money; thereby to avoid the Trouble of weighing
it when brought to the Exchequer. Lownds's Eff. on
Coin, pag. 4. Hale's Sher. Accounts, pag. 21.
Scalinga, A Quarry or Pit of Stones, or rather
Slates for covering Houfes: French Efcailere, whence
Scaling of Houfes, &c. Mon. Angl. Tom. 2. pag.
130.
Scandal, Signifies a Report or Rumour, or an
Action whereby one is affronted in Publick. Chamb.
Scandalum Magnatum, Is the fpecial Name of
a Scandal or Wrong done to any high Perfonage of
the Realm: And it is alſo a Writ granted to re
cover Damages thereupon. 2 R. 2. c. 5. None fhall
report any falfe or flanderous News or Tales of
great Men, whereby any Difcord may arife betwixt
the King and his People, on Pain of Imprifon-
ment until they bring forth the Author. Stat. Weftm.
1. cap. 34 No Perfon fhall devife or tell any falfe
gainft one in a Court of Juſtice, no Action de Scan-
dalis Magnat. licth. 2 Inft. 228. 1 Roll. Abr. 34. Hob.
35. For thefe Words, I do not know but my Lord of
Peterborough fent Gibs to take my Purſe; they were
held actionable, though there was no pofitive
Charge. 1 Ventr. 59. So where a Defendant hear-
ing that his Father's Barns were burnt, faid, I cannot
imagine who should do it but my Lord Stourton. Moor
142. A Man faid of the Earl Lincoln, That be
was a baſe Earl, and a paultry Lord, and kept none but
Rogues and Rafcals about him; although the Words
were fpoken chiefly concerning his Servants, they
were adjudg'd in Contempt of his Honour and
Dignity, and actionable. 2 Cro. 195. But where
the Defendant faid, The Lord Lincoln's Man did, by
his Command, take the Goods of a certain Perfon by a
forged Warrant; after a Verdict for the Plaintiff and
great Damages, the Judgment was arrested, be
caufe it was not averred that the Earl knew the
Warrant to be forged. Goldsb. 115. If one fays of
a Pecr, He is an unworthy Perfon, and acts against
Law and Reafon; in the Cafe of the Lord Townsend
it was adjudg'd Action of Scandalum Magnatum lay,
notwithstanding the Words were general, and char-
ged him with nothing certain: Though Justice
Atkins held an Action would not lie for thefe Words,
being of a trivial Nature; and the Statute mentions
only great Scandals, whereby Difcord might arife,
&c. 1 Mod. 232. 2 Mod. 150. 1 Dano. Abr. 165. In
this laft Cafe 4000l. Damages were given; and on
a Motion for a new Trial, because of the exceffive
Damages, it was denied. 1 Nelf. Abr. 130. The
Defendant being a Parfon, fpoke the following
Words in the Pulpit, The Lord of Leicester is a
wicked and cruel Man, and an Enemy to the Reforma-
tion; and in Action of Scandalum Magnatum the
Plaintiff had 5007. Damages. 2 Sid. 21, 30. The
Statute of Scandalum Magnatum is a general Law,
of which the Court is to take Notice. 4 Rep. 12.
And it hath been refolv'd, that if the Plaintiff re-
cites fo much of the Statute in his Declaration as
will maintain his A&tion, though he mistakes the
reft, it will not make his Declaration ill: But it
being a general Law, it need not be recited. 2 Mod.
98. An Action brought upon this Statute, and
feveral particular Objections to the Declaration,
with the Answers to them, and Judgment for the
Plaintiff, fee Cro. Car. 135... Bail to be taken in
Action of Scandal. Magnat. Vide 3 Mod. 41.
}
Form of a Declaration in Scandalum Magnatum.
News, or Lies, of any Lord, Pilate, Officer of the Middlefex, ff.THE Right Honourable A. Barl of
Government, Judge, &c. by which any Slander fhall
B. one of the Peers and Nobles of
happen to their Perfons, or Mifchief come to the this Kingdom of Great Britain, who fues as well for
Kingdom, upon Pain of being impriſoned; and the Lord the King, as for himself, complains of C. D.´in
where any one hath told falfe News or Lies, and Custody of the Marfbal of the Marſhalfea, &c. for
cannot produce the Author, he fhall fuffer Imprifon- that, to wit, That whereas the fame A. Earl of B. the
ment, and be punifhed by the King's Council, &c. Day and Year, &c. and long before, and continually from
2 R. 2. c. 5. 12 R. 2. c. 11. If the Slander
If the Slander is pub-thence hitherto, was and fill is one of the Peers of this
lifhed in a Libel, the Party may be indicted, fined Kingdom, and had and fill bath a Voice and Place in the
and impriſon'd: But the Action of Scandalum Mag- Parliament of the faid Lord the now King of Great
natum is uſually brought upon the Stat. 2 R. z. tam Britain, as one of the Peers of this Realm; yet the
pro Domino Rege, quam pro feipfo, in the Name of the aforefaid C. D. contriving and maliciously intending, a-
King and the Party; the King being concerned in gainft the Form of the Statute in fuch Cafe made and
the Credit of great Men, who act by his Autho- provided, to ftir up great Scandals of the aforesaid Earl,
rity; fo that the Plaintiff recovers Damages upon from whence Difcord might arife between the faid Earl
this Statute for the Wrong, and the Defendant is and other Peers and Nobles, and others, the Subjects of
imprifon'd on the Statute of Weftm. upon the King's the faid Lord the King of this Kingdom of Great Bri
Account. 5 Rep. 125. The Words in thefe Cafes tain, the aforefaid Day and Year, at, &c. in the County
fhall be taken in the worft Senfe, to preferve the aforefaid, having Difcourfe with one E. F. of and con-
Honour of great Perfons: Yet 'tis faid a Defendant cerning the aforesaid Earl, thefe falfe, feigned, fcandalous
may juftify in Scandalum Magnatum, fetting forth and opprobrious Words following, in the Prefence and
the Special Matter. 1 Ventr. 60. 1 Lev. 277. 4 Rep. Hearing of divers faithful Subjects of the faid Lord the
And the Statutes extend only to extraju- King, did then and there fally, maliciously and fcanda.
dicial Slanders, and fo it is at Common Law; for lously speak, utter, deliver and publish; that is to fay,
though the Charge be falfe, which is alledged a-the Earl of B. (meaning the aforefaid Earl) is a piti-
13, 14.
4
ful
SC
S. C
1
(
ful Man, and no Body will take his Word for any their Quarter-Seffions may appoint Scavengers, and
Thing; and Men of Reputation value him (the order the Repairing and Cleanfing the Streets in
faid Earl again meaning) no more than the Dirt of any City or Market Town, and appoint Perfons to
the Streets, c. By Pretext of which faid Speaking, make Affeffments, fo as not to exceed 6d. per
uttering, declaring and publishing of the faid falfe, feigned Pound per Ann. to defray the Charge of fuch Sca
and fcandalous Words, be the faid Earl did fuffer great vengers, to be collected and levied by Diftrefs;
Lofs and Depravation of his Honour and Esteem among and when new Scavengers are chofen, the old Ones
the Peers and Nobles aforesaid, and other Subjects of the muft account before two Juftices for the Money
faid Lord the now King, and alfo fuffered the Difpleasure affeffed and collected, and pay what remains in
of the faid Lord the King towards him the faid Earl; their Hands to the new Scavengers, or be committed
and divers great Difcords and Scandals within this King-to Prifon, &c. The Affeffments for Scavengers of
dom of Great Britain, between the ſaid Earl and di- the Parishes of St. Anne Westminster, and St. James,
vers other Peers and Nobles, and other Subjects of the fhall be rated according to the Custom of the City;
faid Lord the King, have arifen within this Kingdom, and] and ancient Streets in the City are to be maintained
daily more and more are like to arife, to the great Di- according to ancient Ufage, &c. The Lord Mayor
fturbance of the Tranquillity of the fame Kingdom, &c. or any Alderman may prefent upon View, any Of-
in Contempt of the faid Lord the now King, and to the fence within the City of London, and affefs Fines not
great Scandal and Grievance of him the faid Earl, and exceeding 20s. to be paid to the Chamberlain for
against the Form of the Statute aforefaid, to the Damage the Ufe of the City, &c. Stat. Ibid. Trustees and
of him the faid Earl, who fues as well for the faid Commiffioners appointed to clean and repair St.
Lord the King, as for himself, of 1000 l. and therefore Fames's Square, and continue the fame cleaned; and
the faid Earl, as well for the Lord the King, as for him- Rates to be made and affeffed on Houfes, at fo much
Self, brings his Suit.
per Foot in Front, leviable by Diftrefs; and annoy-
ing the Square by Fil h, is liable to 20s. Penalty,
c. by 12 Geo. I. cap. 25. For the better Paving and
Cleaning the Streets in the City of Westminster, c.
Surveyors are to be nominated by Juftices of Peace,
who fhall take a View of all the Streets every fix
Weeks, and make Prefentments of Pavements out
of Repair, caufe the fame to be amended, &c. And
the Surveyors to have an Allowance not exceeding
81. per Ann. out of the Scavengers Rates, &c. Stat.
2 Geo. 2. cap. 11. Perfons authorifed by 22 23
Car. 2. may order fuch Parts of London Streets, &c.
as lie before vacant Houfes, to be paved and a-
mended; and impofe Affeffments on the Owners, to
be paid on their Account by the next Occupiers,
and deducted out of Rent; and in the mean Time,
the Chamberlain of the City fhall pay the Taxes:
And fuch authorifed Perfons may direct Pofts to be
fet up in all Paffages within the Cury, to preſerve
Foot-Paths, and for that Purpofe make Affeffments.
10 Geo. 2. cap. 22.
Scandalizing the Marriage of King Hen. 8. with
Anne Bullen was declared Treafon, by Statute 25
Flen. S.
Scarborough, Perfons Incorporated there, with
Power to distrain every Man for the Fifth Part of
Houſes and Lands, towards the Repairs of the Peer
and Key, &c. See Stat. 37 H. 8. c. 14.
Scatina Lex, A Law against Buggery. Qua
præpoſterá Veneris ufum coercebat, ita dict. a Scatinio
latore.
Scavage, Scevage or Schewage, (From the
Sax, Scenwian, i. e. Oftendere) A Kind of Toll or
Custom, exacted by Mayors, Sheriffs, c. of Mer-
chant Strangers, for Warcs fhewed or expofed to
Sale within their Liberties; prohibited by the Sta-
tute 19 H. 7. c. 7. But the City of London ftill re-
tains this ancient Cuſtom to a good yearly Profit:
And the Lord Chancellor, Treafurer, Prefident of
the Council, Privy Seal, Steward, and two Juftices
of the King's Bench and Common Pleas, are to afcer
tain thefe Duties, and order Tables to be made men-
tioning the Particulars, &c. by 22 H. 8.
Scavalous, The Officer who collected the Scaredi, apud Brompton.
vage Money, which was fometimes done with great
Extortion:
C. 8.
Scavengers, (From the Belg. Schaven, to fcrape
or carry away) Are Perfons chofen into this Office
in London and its Suburbs, who hire Rakers and Carts
to cleanſe the Streets, and carry the Dirt and Filth
thereof away. 14 Car. 2. cap. 2.
14 Car. 2. cap. 2. In Eafter Week
yearly, two Tradefmen in every Pariſh within the
Weekly Bills of Mortality must be elected Scaven
gers by the Conftables, Church-wardens, and other
Inhabitants, who are to take upon them the Office
in Seven Days, under the Penalty of 10. Thefe
Scavengers every Day except Sundays or Holidays,
are to bring their Carts into the Streets, and give
Notice by a Bell, or otherwife, of carrying away
Dirt, and to stay a convenient Time, or fhall for
feit 40s. and Juftices of Peace in their Petit Sef
fions may give Scavengers Liberty to lodge their
Dirt in vacant Places near the Streets, fatisfying
the Owner for the Damage, &c. All Perfons within
the Weekly Bills, are to fweep the Streets before
their Doors, every Wednesday and Saturday, on Pain
of forfeiting 3. 4d. and Perfons laying Dirt or
Afhes before their Houfes, incur a Forfeiture of
5s. Inhabitants and Owners of Houfes are alfo to
pave the Streets before their own Houfes, on the
Penalty of 20 s. for every Perch: And Conftables,
Church-wardens, &c. may make a Scavenger's Tax,
being allowed by two Juftices of the Peace, not ex-
cceding 4d. in the Pound, &c. 2 W. & M. cap 2.
By the Stat. 1 Geo. 1. cap. 48. Juftices of Peace in
Sceat, (Sax.) A fmall Coin among the Saxons
equal to four Farthings.
Sceithman, (Sax.) A Pirate or Thief. LL. Æthel-
Steppa Salis, An ancient Meaſure of Salt, the
Quantity now not known: And Sceppa or Sceap was
likewife a Mcafure of Corn, from the Lat. Schapa;
Baskets, which were formerly the common Stan-
dard of Meafore, being called Skips or Skeps in the
South Parts of England; and a Bee hive is termed
a Bee Skip. Mon. Ang. Tom. 2. pag. 284. Paroch.
Antiq. 604.
Schaffa, A Sheaf; as Schaffa Sagittarum, a Sheaf
of Arrows. Skene.
Scharpenny, or Scharnpenny, A fmall Duty or
Compentation, i. e. Dung-penny; the Saxon Scearn
fignifying Muck or Dung: And fome Cuftomary
Tenants were obliged to pen up their Cattle at
Night in the Yard of their Lord, for the Benefit of
their Dung; or if they did not, they paid this
Duty. Cartular. S. Edmundi, MS. In fome Places
of the North, they ftill call Cow-Dung, by the
Name of Cow Skern.
Schedule, Is a little Roll, or long Piece of Pa-
per or Parchment, in which are contained Particu-
lars of Goods in a Houfe let by Leafe, c, Vide
Leafe.
Schetes, Was formerly a Term for Ufury; and
the Commons prayed that Order might be raken
against this horrible Vice, practifed by the Clergy
as well as the Laity. Rot. Parl. 14 R. 2.
Schilla, A little Bell ufed in Monafteries, men-
tioned in our Hiftories, Eadmer lib. 1. cap. §.
Schirmtan, (Sax. Scirman) A Sheriff of a County.
LL. Ina.
chirrens
SC
SC
Schirrens-geld, Schire-geld, Was a Tax paid to
Sheriffs for keeping the Shire or County Court. Car-
tular. Abbat. St. Edmund. 37.
Schilm, (Schifma) A Rent or Divifion in the
Church: There was a Statute made to prevent the
Growth of Schifm. Anno 12 Ann.`
:
Schoolmaster. No Perfon fhall keep or main-
tain a Schoolmaster, which does not conftantly go to
Church, or is not allowed by the Ordinary; in
Pain of 10% a Month; and the Schoolmaster fhall
be diſabled, and fuffer a Year's Imprifonment. Stat.
23 Eliz. cap. 1. Recufants are not to be Schoolma-
fters in any publick Grammar-School, nor any other,
unless the Perfons be licensed by the Bishop; under
the Penalty of forfeiting 40s. a Day. I fac. I. c. 4.
Every Schoolmaster keeping any publick or private
School, and every Tutor in any private Family, fhall
fubfcribe the Declaration, that he will conform to
the Liturgy of the Church of England as by Law
eftabliſhed, and be licensed by the Ordinary; or he
fhall for the firft Offence fuffer three Months Impri-
fonment, &c. 13 & 14 Car. 2. c. 4. If any Papilt
fhall be convicted of keeping a School, or take upon
him the Education of Youth, he thall be adjudged
to perpetual Imprifonment. 11 & 12 W. 3. cap. 4.
Perfons keeping Schools without a Licence from the
Bishop, and receiving the Sacrament of the Church
of England, taking the Oaths, &c. (except Tutors
in Reading, Writing, and Arithmetick) fhall be
committed to the common Gaol for three Months,
&c. 12 Ann. Seff. 2. c. 7. But this laft Statute, as
to Schoolmasters receiving the Sacrament of the
Church, is repealed by 5 Geo. 1. c. 3. By our Ca-
nons, no Man fhall teach in a publick School, or pri-
vate Houfe, but fuch as is allowed and examined by
the Bishop, and of fober Life: And all Schoolmasters
are to teach the Catechism of the Church in English
or Latin; and bring their Scholars to Church, and
afterwards examine them how they have benefitted
by Sermons, &c. Can. 77, 79.
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he pleaſes. 2 Inft. 469. By the Statute it is ordained
in lieu of a new Original; and therefore Judgment
upon the Scire facias fhall have the fame Effect, as
upon that. Comber. 455. At Common Law the Writ
of Scire facias lay only on Judgments in Real Ac-
tions; though it has been adjudged that it lay alfo
in mixed. Actions. 2 Salk. 600. If any of the Writs
of Execution, whether in Perfonal or Real Ac-
tions, are not executed within the Year and Day
after the Judgment, to obtain Execution, there
must be a Scire facias, to fhew Caufe why the Exe-
cution fhould not be awarded; But if the Plaintiff
fueth out any of them within the Year, he may
continue them after the Year till he hath Execu
tion, and need not fue out any Scire facias. And a
Writ of Error is a Continuance of the Caufe, fo
that no Scire facias is required, though it depend
fome Years; and becaufe pending the Writ of Error
the Plaintiff cannot fue out Execution of the Judg
inent, but he may after the Affirmation of it, &c.
Litt. 505. 1 Inst. 290. 2 Inft. 471. 2 Lill. 500, 504.
Where Judgment is had against a Teftator, there
muft iffue a Scire facias against the Executor, al-
though within the Year, to fhew Caufe why Exe-
cution fhall not be had; the like against an Ad-
miniftrator of an Inteftate: And fo on the Plaintiff's
Part, if Heir, Executor, or Adminiftrator; the
Perfon being altered: And if one recovers against
a Feme fole, and fhe is married within the Year
and Day, a Scire facias is to go against the Husband.
Wood's Inft. 610. When either, Plaintiff or Defen-
dant, or one of the Plaintiffs or Defendants dies,
Execution may not be fued out upon a Judgment
until a Scire facias obtained and Judgment there-
upon; in thefe Cafes there is to be a new Judgment
to warrant Execution. 2 Lill. Abr. 500. If an Ad-
miniftrator obtains Judgment for a Debt due to the
Inteftate, by Default or Confeffion, and the Admi-
niftrator doth after die Inteftate, and Letters of
Adminiſtration are granted to one de bonis non, &c.
Scilicet, An Adverb, fignifies, that is to fay, to of him that first died inteftate; this Adminiſtrator
wit; and hath been often uſed in Law Proceedings. cannot have a Scire facias to revive the Judgment
Sir John Hobart in his Expofition of this Word, fays obtained by the first Adminiftrator of the first In-
it is not a direct and feparate Claufe, nor a direct teftate, but he must bring a new Action to recover
and intire Claufe, but intermedia; neither is it a that Debt; for he is no Ways Party or Privy to
fubftantive Claufe of itfelf, but it is rather to ufher the first Judgment, but a nicer Stranger to it: But
in the Sentence of another, and to particularize if the Recovery were by Verdict, he may now have
that which was too general before, or diftribute a Scire facias upon it, by 17 Car. 2. c. 8. 2 Lill. 505.
that which was too grofs, or to explain what was It hath been ufed of late to make out a Fieri facias
doubtful and obfcure; and it muft neither increafe de bonis Teftatoris, and also a Scire facias, and a Writ
nor diminiſh, for it gives nothing of itſelf: But it of Inquiry, all in one Writ, against an Executor or
may make a Reftriction, where the precedent Words Adminiftrator, for the fpeedier Obtaining of Exe
are not fo very exprefs, but they may be reftrained. cution upon a Judgment; though anciently they
Hob. 171, 172. The Word Scilicet in a Declaration, were diftin&t Writs, or Proceffes, and to be feve-
fhall not make any Alteration of that which went rally executed. Ibid. 503. One may have a Scire
before. Poph. 201, 204. And yet in fome Cafes, facias to revive an old Judgment upon which no
the Scilicet which introduces a Subfequent, fhall not Execution hath been executed, without any Motion,
be rejected. 2 Cro. 618.
if it be but feven Years paft fince the. Judgment
Scire facias, Is a Writ judicial, moft commonly was had; and if it be above feven Years, and un-
to call a Man to fhew Caufe to the Court whence der ten Years fince the Judgment was given, a
it iffues, why Execution of a Judgment fhould not Sciye facias may be moved for at the Side Bar to
Old Nat. Br. 151. A Scire facias lieth, revive it: But if it be above ten Years, then a Si.
go out.
where Debt and Damages are recovered, and no fac. cannot be had without moving the Court, and
Execution is fued out within a Year and a Day; a Rule for it and the Court doth not ufe to deny
then after the Year and Day, the Plaintiff fhall it, if moved for. Ibid. 502. 2 Salk. 598. If a Scire
have this Writ to fummon the Defendant to fhew facias be taken out to revive an old Judgment of a-
Cauſe why there fhould not be Execution fued bove ten Years ftanding, without Motion and Leave
upon. the Judgment against him; and if he can of the Court, the Sci. fac. is not good, but may be
fhew no Caufe, there is Judgment, Quod habeat Ex- fet afide upon a Morion. Trin. 23 Car. B. R. A
ecutionem. Terms de Ley. 537. 2 Lill. Abr. 497. This Scire facias to revive a Judgment ought not to be
Writ was not at the Common Law, but given by granted, till the Record of the Judgment be in
the Stat. of Weft. 2. cap. 45. in perfonal Actions, Court where the Sci. fac. is moved for. 2 Lill. 498.
when Debt or Damages were recovered: And be- In a Sci. fac. brought upon a Judgment given in C. B.
fore, if the Plaintiff had not fued out his Execu-it is neceffary to fhew before what Chief Juftice by
tion in a Year and a Day after his Judgment, he Name the Judgment was had; but it is not necef-
had no Remedy but by new Action of Debt upon fary to do it in a Scire facias upon a Judgment of
his Judgment; but now he hath his Liberty to B. R. And the Reafon is, because the Proceedings
bring either a Scire facias, or A&tion of Debt, as are in the Common Pleas coram the Chief Juftice &
fociis
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SC
SC
1
Lev. 41, 42.
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fociis fuis; and in the King's Bench they are coram one fhall not. anfwer, as long as he can fhew tha
Domino Rege. Ibid. 499. If a Scire facias be fued up- another is fo, and not warned: Contra in a Scive
on a Judgment in B. R. where the Action is brought facias upon a Judgment in a Real Action; for every
by Original; the Plaintiff mult alledge a Place where Tenant is to answer for that which he hath, and
the Court is held, as fuch a Sci. fac. is returnable one may be contributory, and the other not. 2 Cre.
Coram nobis ubicunque fuerimus, &c. 'tis otherwife on 507. 3 Nelf. Abr. 204. There is to be a Scire facias
a Judgment in C. B. becauſe that Court is by Mag- against the Heir and Ter-tenants to reverfe a
na Charta confined to a certain Place. I Ventr. 46. Common Recovery of Lands; the Scire facias is to
- Mod. 19. The Procefs of Scire facias ought to be iffue against all the Ter-tenants, for they are to
in the fame Court where the Judgment was given; gain or lofe by the Judgment in the Recovery.
unless it be upon a Recognisance, on a Statute Mer Raym. 16. 3 Mod. 274. A Seire facids to have Exe-
chant, or Staple; for in fuch Cafe it may be return-cution of a Fine, fhall not be fued against Leffec
able in Chancery, the Recognizance being before for Years; but against him who hath the Freehold,
that Court, and they may there judge of it. 2 Bulft. who may have fome Matter to bar the Execution.
10. In Debt upon a Recovery in Scire facias, on a Cro. Eliz. 471. 2 Brownl. 144 In Ejectment, it was
Recognizance taken in the Chamber of London; it adjudged, that a Scive facias might be brought by the
was not fhewed that it was a Court of Record, and Leffee though he was but nominal, and that it
that they had been uſed to take Recognizances: may be had by the Leffor himſelf; as either of
And on Exception taken to it, divers Cafes were them may have a Writ of Error on the Judgment:
put, that though the Judgment was void, yet Exe- And that it might be brought against thole who
cution might be by Scire facias. For upon a voida-were Strangers to the Judgment, and against the
ble Judgment a Man fhall recover, and may take Executors of the Defendant, &c. 2 Lutw. 1267. A
out Execution; and that it ſhould ſtand good, un- Defendant being fummoned upon a Scire facias, and
til the Judgment were reverfed. Godb. 96. After the Summons returned, if he doth not appear, bur
the Removal of a Record by Certiorari into a fupe-lers Judgment go by Default, he is for ever barred.
rior Court, a Scive facias fhall iffue, &c. And if a 1 Lev. 41, 42. If the Sheriff hath returned him
Scire facias is brought in B. R. upon a Judgment in warned, he fhall not have Audita Querela on a Re-
an inferior Court, it must appear in the Writ it leafe, &c. for the Defendant might have pleaded
felf, how the Judgment came into B. R. whether the fame on the Return of the Scire facias; but if
by Certiorari, or Writ of Error, becauſe the Exe-the Sheriff return Nihil, on which an Execution is
cution is different; if it came in by Certiorari, the awarded, he shall have Audita Querela. New Nat.
Scire facias is to fet forth the fame, and the Limits Br. 230. Where the Plaintiff in the Judgment re-
of the inferior Jurifdiction, and pray Execution
within thofe particular Limits; but if it was
brought in by Writ of Error, that must be fhewn
in the Scire facias itſelf likewife, and pray Execu-
tion generally. 3 Salk. 320. A Scive facias is in the
Nature of an Action, as the Defendant may plead
to it: And it ought to be brought in the fame
County where the original Action was laid; for
it must always purfue the first A&tion. Finch
477. Cro. Fac. 231. As a Scire facias is an A&tion,
it requires a new Warrant of Attorney, and when
the Party comes to pray Judgment thereon, he
does it by Attorney. 2 Ld. Raym. 1253. And if
one doth not proceed upon a Writ of Scire facias
within a Year and a Day after it was taken out,
he cannot after that Time proceed upon that
Writ, which is difcontinu'd; but is to fue out
a new Scire facias. 2 Lill. 504. Scire facias may be
pleaded to, before Judgment given upon it; after
wards it is too late Though a Writ of Error
may be brought to reverfe the Judgment on the
Scive facias, if that be not good on which the Judg-
ment was grounded. Ibid. 503. Payment is no
Plea at Common Law to a Scire facias upon a Judg-
ment; it a upon Record. 3 Lev.
because it is a Dept up an arm. What G Greeting: Whereas a. B. Lately in Sherif of M.
But this is altered by the 4 & 5 Ann.
ever is pleadable to the original Action in Abate-fore us at Westminster, by Bill without our Writ, and
ment, shall not be pleaded to disable the Plaintiff by a Fudgment of the fame Court recovered against T. D.
from having Execution on a Scire facias; because of, &c. Three hundred and feven Pounds for a Debt,
the Defendant had admitted him able to have and feventy Shillings for his Damages which he had fu-
Judgment. 1 Salk. 2. In Scire facias on a Judgment ftained, as well by Occafion of the detaining the faid
in Debt, or other Perfonal Action, the Defendant Debt, as for his Expences and Cofts laid out by him about
cannot plead Non-tenure of the Land generally, profecuting his Suit in that Behalf, whereof the faid T.
where it is contrary to the Return of the Sheriff is convicted, as appears to us of Record; and now on the
but he may plead a fpecial Non-tenure: But in a Part of the faid A. we have received Information in our
Scire facias to have Execution in a Real Action, the Court before us, that although Fudgment be thereof given,
Defendant may plead Non-tenure generally, be- nevertheless Execution for the faid Debt and Damages
caufe the Freehold is in Queftion, and that is faftill remains to be made to him; whereupon the faid A.
voured in Law; and the Tertenants may plead bath befought us to provide him a proper Remedy in this
there are other Ter-tenants not named, and pray Cafe: And we being defirous that what is Right and
Judgment if they ought to answer quoufq; the others Fuft should be done therein, hereby command you, that
are fummoned, &c. though it would be otherwife if by honeft and lawful Men of your Bailiwick you cause it
the Sci. fac. had been again particular Tenants by to be known to the faid T. that he be before us at West-
Name. 2 Salk. 601. On a Sci. fac. to have Execuminter, on the Day, &c. to fhew if he knows of, or
tion upon a Judgment in Action of Debt, every has any Thing to say for himself, why the faid A. ought
Ter-tenant is to be contributory; and therefore not to have his Execution against him for the faid Debt
8. Q
120.
leafeth the Defendant of all Judgments and Exe-
cutions, &c. the Defendant may upon his Releaſe
fue out a Writ of Scire facias against the Plaintiff in
the Judgment ad Cognofcendum fcriptum fuum Relaxa-
tionis; and he need not fue out his Audita Querela.
Hill. 5 W. & M. B. R. Scive facias may be fued a-
gainft a Sheriff, for not bringing the Money into
Court levied on a Judgment, to fhew Caufe why
Execution fhould not be had against him for the
Sum, with which he had charged himfelf by thic
Return of the Writ of Execution. Hutt. 32. If
one fues out two Writs of Scire facias, one after
the other, where it is upon a Judgment by Bill,
there ought to be eight Days between the Teste and
Return of the firft Sci. fac. and feven Days at leaft
between the Tefte and Return of the fecond Scire
facias. And the Tefte of the Alias Scire facias is to be
the Day of the Return of the Firit. 3 Ann. B. R.
Cofts allowed in Suits on Writs of
2 Lill. 503.
Scire facias, &c. Vide Stat. 8 & 9 W. 3. c. 11.
ག
Form of a Scire facias upon a Judgment in Debt.
A. in our Court be-
and
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and Damages, according to the Force, Form and Effect of
the faid Re overy; and further to do and receive what our
faid Court before us fhall then and there confider of in this
Particular: And have you there the Names of thofe by
whom you ſhall ſo cauſe it to be known to him, and this
Writ. Witness, &c.
fac. lies on Recognisance of the Peace, &c. removed"
into B. R.
•
Scire facías to repeal Letters Patent and
Grants, A Scire facias to repeal a Patent, muſt be
brought where the Record is, which is in Chancery
and there are to be two of thefe Writs fued out of
the Petty-bag Office directed to the Sheriff of Mid-
Scire facias against Bail, To an Action, is dlefex, who by a Letter under the Seal of his Office
where a Capias ad Satisfac. is fued out and returned muft fend Notice to the Corporation or Perſon
Non eft Inventus against the Principal, and the Writ whofe Concern the Patent is, that there is a Scire
filed; after which this Writ is brought to have Exe- facias iffued out returnable at fuch a Time, and re-
cution against the Bail, &c. And if upon the Scire maining with him, for the Revocation of fuch a
facias, or two Nihils returned, the Bail do not ap- Patent, and that if they do not appear thereunto,
pear, Judgment fhall be entered against them. Judgment will be had against them by Default;
1 Inft. 290. Lutw. 1273. In C. B. there is but one and this Letter is to be delivered to the Corpora-
Scire fac. against the Bail, and upon a Nihil returned, tion or Perfon intereſted in fuch Patent, by fome
there is Execution; but in B. R. there are two Perfon who can make Oath thereof. Dalton's Sheriff.
Scire facias's and two Nihils, and the firft is to be On a Sci. fac. out of Chancery returnable in B. R.
duly returned, before the fecond fued out; and to repeal Letters Patent, it was held, that if the
there must be fifteen Days inclufive between the Letters Patent are granted to the Prejudice of any
Tefe of the first and the Return of the laft. 2 Salk. Perfon, as if a Fair is granted to the Damage of
599. There muſt be a particular Warrant of At- the Fair of another, &c. he may have a Scire facias
torney to a Scire facias against the Bail; for fuch a on the Inrollment of fuch Grant in Chancery, as
Warrant in the principal Action is no Warrant to well as the King in other Cafes; but it may be a
the Scire facias, because thefe are diftin&t Actions; Queftion, whether a Scire facias upon a Record in
and the particular Warrant is to be entered when Chancery is returnable in B. R. though after it is
the Suit commences, which is when the Writ is re-made returnable into B. R. that Court, and not the
turned. 2 Salk. 603. When a Scire facias is brought Chancery, hath the Jurifdiction of it. Mod. Caf.
against the Bail, it must be in ea parte; and where 229. In all Cafes at Common Law, where the
it is brought againſt the Defendant in the principal King's Title accrues by a judicial Record, and he
Action, it is to be in hac parte. 2 Salk. 599. If Bail grants his Eftate over; the Party grieved could not
are profecuted on a Scire fac. when a Writ of Error have a Scire facias against the Patentea, but was
is depending in the Exchequer Chamber, and the forced to his Petition to the King; otherwife it is
Defendants the Bail will confefs Judgment, and when his Title is by Conveyance on Record, which
enter into a Rule to pay the Debt, or to deliver is not judicial. 4 Rep. 59. The King hath a Right
up the Principal within four Days after the Judg-to repeal a Patent by Scire facias, where he was de-
ment affirmed; in fuch Cafe the Proceedings on ceived in his Grant, or it is to the Injury of the
the Scire facias fhall be stayed. Mod. Cafe in L. & Subject. 3 Lev. 220. And where a common Perfon
E. 130. And if there be no good Judgment a. is obliged to bring his Action, there, upon an In-
gainft the Principal, Judgment against the Bail by quifition or Office found, the King is put to his
Scive facias may be reverfed, &c. 3 Nelf. Abr. 190. Scive facias, &c. 9 Rep. 96.
-See Bail.
1
Scire facías in Appeal of Murder, before a Par-
don fhall be allowed; vide Appeal.
Scite, (Situs) Signifies the Setting or Standing
of any Place; the Seat or Situation of a Capital
Meffuage, or the Ground whereon it ſtood. Mon.
Angl. Tom. 2. fol. 278. The Word in this Senfe is
mentioned in the Stat. 32 H. 8. c. 20. and 22 Car. 2.
cap. 11.
Scire facias's Have iffued to repeal the Grants
Scire facias ad audiendum Errozes, On Writs of Offices, for Conditions broke, Non-attendance,
of Error. There are to be fifteen Days between&c. And for Disability, or in Cafe of Forfeiture,
the Tefte and Return of every Scire fac. ad audiend. the Offices may be feifed without Sci. fac. 3 Nelf
Error. upon a Writ of Error returnable in B. R. Abr. 201, 202.
And if on the Return of two Nichils, &c. the De-
fendant in Error doth not appear, it is not then
with him as in Cafe of a Sci. fac. quare Execution, non,
c. but the Cauſe is to be fet down to be heard by
the Court, and the Plaintiff in Errors fhall be heard
thereunto ex parte. 2 Lill. Abr. 499. If a Writ of
Error is brought in B. R. and the Record brought
in, the Defendant appearing may thereupon fue out
a Scire facias quare Executionem habere non debet, and Scolds, In a legal Senfe are Troublefome and
an Alias Sci. fac. after that, if there be not a Scire Angry Women, who by their Brawling and Wrang-
Feci returned on the firſt Writ; and if the Plaintiff ling amongst their Neighbours, break the Publick
in Error after a Sci. fec. or two Nichils returned, Peace, and increaſe Difcord. Stat. 51 H. 3. They
doth not, before the Rule for Judgment upon the are indictable in the Sheriff's Turn, and punished
Scire fac. is out, appear and affign Errors, or plead by the Cucking-Stool, &c. Kitch. 13.
to the Scire fac. there will be Judgment against him, Scot and Lot, (Sax. Sceat, pars, & Llot, i. e.
Quod habeat Executionem, &c. But the Writ of Er- Sors) Signify a cuftomary Contribution laid upon
ror depends ftill until Judgment is affirmed or re-all Subjects, according to their Ability. Spelm.
verfed, or the Plaintiff in the Errors is nonfuited.
Ibid. 502.
Scire facias upon a Becognizance In Chancery,
may be fued out to extend Lands, c. If upon a
Scire facias upon a Recognisance in the Chancery, the
Record be tranfmitted into B. R. to try the Iffue,
and the Plaintiff is nonfuit; he may bring a new
Sci. fac. in B. R. upon the Record there. 2 Saund.
27. Where a Statute is acknowledged, and the
Cognifor afterwards confeffeth a Judgment, and
the Land is extended thereon; in this Cafe the Cog-
niſce ſhall have a Scire facias to avoid the Extent
of the Lands; but if the Judgment be on Goods,
it is otherwiſe. 1 Brownl. 37. 3 Nelf. Abr. 186. Sci.
Nor are thefe old Words grown obfolete, for who-
ever in like Manner (though not by equal Portions)
are affeffed to any Contribution, are generally faid
to pay Scot and Lot. Stat. 33 H. 8. c. 9.
Scotal or Scotale, Is where any Officer of a
Foreft keeps an Alehoufe within the Foreft, by Co-
lour of his Office, caufing People to come to his
Houfe, and there fpend their Money for Fear of his
Difpleafure: It is compounded of Scot and Ale, which
by Tranfpofition of the Words is otherwife called
an Aleſhot. This Word is uſed in the Charter of the
Foreft, cap. 8.
Nullus Foreftarius faciat Sca-
tallas, vel Garbas colligat, vel aliquam Collectam faciat,
&c. Manwood 216.
Scotare.
SC
Scotare. Thofe Tenants are faid Scottare, whofe
Lands are ſubject to pay Scot. Mon, Angl. Tom. 1.
pag. 875.
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his Soldiers to fire upon Perfons hifling at an Exe
cution) and a Reward of 2001. ordered for appre-
regulating the making of Pladings, Stockings, &c.
hending the Offenders. 10 Geo. 2. c. 34. Acts for
And of the Linen Manufactures in Scotland. See
6 Geo. 1. and 13 Gea. 1. c. 26. In Time of Scarcity,
Perfons may import Vi&uals from Ireland into Scot-
land, on obtaining a Licence for it, &c. `14 Geo. 2.
| cap. 7..
Scotland, Is united to England by 5 Ann. In
the Reigns of King James I. and K. Car. 2. Com-
miffioners were appointed to treat with Commif-
fioners of Scotland, concerning an Union. But the
bringing about this great Work was referved for
the Reign of Queen Anne. The I Ann. c. 14. or-
dained Articles to be fettled by Commiffioners for
the Union of the two Kingdoms, &c. And by the
5 Ann. cap. 8. the Union was effected: The King-
doms united are to be called Great Britain; and the
Croſs of St. George and St. Andrew to be conjoined;
they are to be reprefented by one Parliament, and
fixteen Peers of Scotland, and forty-five Commoners
are to be elected for Scotland, and have all the Pri-
vileges of Parliament as Peers and Commoners of
England: The Subjects of either Kingdom fhall have
Freedom of Trade, and be liable to the fame Cu-
ftoms, and like Laws for publick Government, &c.
Kirk-Government of the Church is confirmed; and
the Courts of Justice are to remain the fame as be-
fore the Union, but fubject to Regulation: When
1,997,763 7. ſhall be raised in England on a Land-
Tax, Scotland is to be charged with 48,000l. And
Scotland is to have an Equivalent for being charged
towards the Payments of the Debts of England, &c.
A Court of Exchequer is ere&ted in Scotland, to be
a Court of Record, Revenue, and Judicature for
ever; and Barons of the faid Court to be appoint-
ed, who fhall be Judges there. Stat. 6 Ann. cap. 26.
Peers of Scotland, and all Officers Civil and Milita-
ry, &c. are to take the Oath of Abjuration, &c.
A Peer committing High Treafon, or Felony in
Scotland, may be tried by Commiffion under the
Great Seal, conftituting Juftices to inquire, &c. in
Scotland: And the King may grant Commiffions of
Oyer and Terminer in Scotland, to determine fuch
Treafon, &c. By 6 Ann. c. 14. and 7 Ann. cap. 21.
Perfons having Lands in Scotland, guilty of High
Treafon by Correſponding with, Affifting, or re-
mitting Money, &c. to the Pretender, on Conviction,
are to be liable to the Pains of Treafon; and their
Vaffals continuing in dutiful Allegiance, fhall hold
the faid Lands of his Majefty in Fee and Heritage
for ever, where the Lands were fo held of the Crown
by the Offender: And Tenants continuing peace-tain Sum, &c. F. N. B. 83.
able and occupying Land, are to hold the fame two
Years Rent-free. I Geo. I. c. 20. An A&t for Dif-
arming the Highlands of Scotland; and requiring Bail
of Perfons for their loyal and peaceable Behaviour,
Exc. 1 Geo. 1. cap. 54. Perfons fummoned are to
bring in and deliver up their Arms, or refufing to
do it, fhall be taken as lifted Soldiers to ferve his
Majefty beyond the Seas; and concealing their
Arms, are liable to Penalties: Alfo the Lords
Lieutenants, or Juftices of Peace, may appoint
Perfons to fearch Houſes for Arms, &c. Stat. 11tle. Paroch. Antiq.
Geo. I. cap. 26. When any Ordinary Place is va-
cant, in the Court of Seffions in Scotland, the King
may nominate a Perfon, who is to be examined by
the Lords of the Seffion, and then admitted, &c.
10 Geo. I. cap. 18. And the Election of Members of
Parliament for Scotland, is particularly regulated
by a late Statute; requiring the Magiftrates to
fummon the Councils of Boroughs, and an Oath to
be taken by every Freeholder and Voter as to the
Eftates to qualify them, that they are actually
their own, and not fictitious: And Sheriffs' or
Stewards not to make any falfe Return, &c. under
the Penalty of 500 l. recoverable in a fummary Way:
And no Judge of the Court of Seffion, or Baron of
the Exchequer in Scotland, fhall be elected a Mem-
ber of Parliament. Stat. 7 Geo. 2. cap. 16. See 16
Geo. 2. c. II. The City of Edinburgh in Scotland, to
forfeit 20007. on Account of the Murder of Captain
Porteous; (who was hanged by the Mob, for caufing
Scripture, or expofing any Part thereof to Contempt
Scripture, All prophane Scoffing of the Holy
and Ridicule is puniſhed by Fine and Impriſonment.
1 Hawk. P. C. 7.
Ufury and exceffive Intereft of Money. 12 Ann. cap.
Scriveners, Are mentioned in the Statute against
6. If a Scrivener is intruſted with a Bond, he may
receive the Intereft; and if he fails, the Obligee
fhall bear the Lofs; and fo it is if he receive the
Principal, and deliver up the Bond, for being in-
trufted with the Security itſelf, it ſhall be prefumed
he is trufted with Power to receive the Principal
and Intereft; and the giving up the Bond on Pay-
ment of the Money is a Difcharge thereof: But if
a Scrivener be intrufted with a Mortgage Deed, he
hath only Authority to receive the Intereft, not the
Principal; the giving up the Deed in this Cafe not
being fufficient to restore the Eftate, but there muſt
be a Reconveyance, &c. Decreed in Chancery
Hill. 7 Ann.
vener puts out his Client's Money on a bad Security,
1 Salk. 157. It is held, where a Scri-
which on Enquiry might have been easily found fo;
yet he cannot be charged in Equity to answer the
Money: For it is here faid no one would venture
to put out Money of another upon a Security, if he
were obliged to warrant and make it good, in caſe
a Lofs fhould happen, without any Fraud in him.
Preced Canc. 146, 149.
|
held Lands by Knight Service, towards furnishing the
Scutage, (Scutagium) Was a Tax on thofe that
King's Army. King Henry 3d, for his Voyage to
the Holy Land, had a Tenth granted by the Clergy
and Scutage, viz. Three Marks on every Knight's
Fee by the Laity; and this was levied by King
Hen. 2d, Rich. 1ft, and King John. See Efcuage.
Scutagio habendo, A Writ that anciently lay
against Tenants by Knight-Service, to ferve in the
Wars, or fend fufficient Perfons, or to pay a cer-
Scute, A French Gold Coin of 3 s. 4d. in the
Reign of King Hen. $. And Catherine Queen of
England had an Affurance made her of fundry Ca-
ftles, Manors, Lands, &c. valued at the Sum of for-
ty thouſand Scutes, every two whereof were worth
a Noble. Rot. Parl. 1. Hen. 6.
Scutella, (from Scutum, Sax. Scutel) A Scur-
tle, any Thing of a flat and broad Shape, like a
Shield.
Scutella eleemofynaria, An Alms Basket or Scur-
Scutum Armorum, A Shield or Coat of Arms.
Noverint Univerfi per prafentes me Johannem K. dediffe,
&c. Richardo P. filio Humfridi P. Scutum Armo-
rum meorum: Habend & tenend' ac portand' & utend
ubicunque voluerit fibi & hæredibus fuis imperpetuum;
ita quod nec Ego nec aliquis alius nomine meo aliquod jus
vel clameum feu calumniam in predicto Scuto habere
potuerimus, fed per Præfentes fumus exclufi in perpetuum.
In cujus Rei Teftimonium, &c. Dat. apud Knightley,
Anno 14 H. 6.
Scyldwit, (Sax.) Is a Mula for any Fault;
from the Saxon Scild, i. e. Delictum, & Wire, pœna.
Leg. Hen. I.
Stya, A Fine impofed on fuch as neglected to
attend the Scyregemot Court, which all Tenants
were bound to do. Mon. Angl. tom. 1. pag. 52.
Scrie-gemot, (Sax.) Was a Court held by the
Saxons twice every Year by the Bishop of the Dio
cefe, and the Earldorman, in Shires that had Earl-
dormen;
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1
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dormen; and by the Bishop and Sheriff, where the Sealing Deeds, Makes Perfons Parties to them:
Counties were committed to the Sheriffs, c. where- and if they are not thus fealed they are void. Dyer
in both the Ecclefiaftical and Temporal Laws were 13. If a Seal is broken off, it will make the Deed
given in Charge to the Country. Seld. Tit. Hon. 628. void; and when feveral are bound in a Bond, the
This Court was held three Times in the Year, in pulling off the Seal of one makes it void as to the
the Reign of King Canutus the Dane.- Et babe-others. 2 Lev. 220. 3 Nelf. Abr. 208. But in a
atur in Anno ter Bergimorus & Seyremotus. Leg. Ca- Deed of Covenants, 'tis held that a Perfon's break-
nut. cap. 38. And Edward the Confeffor appointed it ing off the Seal of one of the Covenantors, after
to be held twelve Times.in a Year. Leg. Edw. Conf. making the Covenant, fhall avoid the Deed only
against himſelf. Cro. Eliz. 408, 546. In cafe the
сар. 35.
Seal of a Bond be broke or eat off by Rats, or it is
any ways cancelled, no Action can be brought on
fuch Bond, &c. 2 Bulft 246.
ས
Sea, (Mare) By Statute the Sea is to be open
to all Merchants. 18 Ed. 3. cap. 3. The Main Sea,
beneath the Low-Water-Mark, and round England,
is Part of England; for there the Admiral hath Ju-
rifdi&tion. 1 Inft. 260. 5 Rep. 107. The Seas which
environ England are within the Jurifdiction of the
King of England. 1 Roll. Abr. 528. Sovereignty of
the Sea. Vide Navy.
Sea-Laws, Are Laws relating to the Sea; as
the Laws of Oleron, &c.
·
Dutchy Seal, Exchequer Seal, Great Seal, Privy Seal,
Seals of Office, of Bishops, c. Vide the Heads.
Sealer, (Sigillator) Is an Officer of the High
Court of Chancery, appointed by the Lord Chancel-
lor to feal the Writs and Inftruments there made in
his Prefence.
Sean Filh, Seems to be that Sort of Fif which
is taken with a large and long Net, called a Sean.
Stat. 1 Fac. 1. c. 25.
Searcher, an Officer of the Customs, whofe Bu-
finefs it is to fearch and examine Ships outward
bound, if they have any prohibited or uncuſtomed
Goods on board, &c. This Officer is mentioned in
And there are Searchers con-
the Stat. 12 Car. 2.
Seamen, Retained to ferve the King, are pu-
nishable for departing without Licence. Stat. 2 R. 2.
And Fighting, Quarrelling, and Disturbances of
Seamen may be punished by the Commiffioners of
the Navy by Fine and Imprifonment. 19 Car. 2.
cap. 7. Regiftred Seamen are exempted from fer-
ving upon Juries, or in any Parish Office, &c. And
fhall have 40s. per Annum Bounty-Money, befides cerned in Alnage Duties; of Leather, and in divers
their Pay; and on Difability of Service be ad-other Cafes.
mitted into Greenwich Hofpital: And Seamen to the Secondary, (Secundarius) Is an Officer, who is
Number of 30,000 were to be registred for the Second or next to the Chief Officer; as the Secon-
King's Service, by Stat. 7 & 8 W 3. cap. 21. See daries to the Prothonotaries of the Courts of B. R:
Stat. 1 Geo. 2. cap. 19. Seamen on board English Mer-and C. B. The Secondary of the Remembrancer in
chant Ships, maimed in Fight against an Enemy, the Exchequer; Secondary of the Compter, &c.. 2 Lill.
fhall be admitted into the Hofpital at Greenwich, as Abr. 506.
other Seamen wounded in the Service of his Ma- Secondary of the Office of Privy Seal, Is ta-
jefty. 8 Geo. 2. cap. 29. Provifion for Relief of Wi-ken Notice of by 1 Edw. 4. cap. 1.
dows of Sea-Officers, fee 6 Geo. 2. cap. 25. Vide
Navy and Mariner.
Sea-reeve, In villis Maritimis eft qui Maritimam
Domini Furifdictionem curat, litus luftrat, & ejectum
Mavis (quod Wreck appellatur) Domino colligit. Spelm.
Sea-Rovers, Pirates and Robbers at Sea. Stat.
16 Cár. 2. c. 6. Vide Pirates.
İs
Second Deliverance, (Secunda Deliberatione) Is a
Judicial Writ that lies after a Nonfuit of the Plain-
tiff in Replevin, and a Returno Habendo of the Cattle
replevied, adjudged to him that diftrained them;
commanding the Sheriff to replevy the fame Cattle
again, upon Security given by the Plaintiff in the
Replevin for the Redelivery of them, if the Dißtreſs
be juftified. It is a fecond Writ of Replevin, &c.
F. N. B. 68.
Second Marriage, (Secunda Nuptic) Is when af
ter the Deceafe of one a Man marries a fecond Wife;
which the Law terms Bigamus.
Seal, (Sigillum) Is a little Image graven or
molten, or Signet made ufe of in fealing of Deeds,
c. The first fealed Charter we had in England,
is faid to be that of King Edward the Confeffor, up-
on his Foundation of Westminster Abbey: But Seals
were in ufc in the Times of the Saxons, according Secretary, (Secretarius, à Secretis) A Title given
to Taylor, in his Hiftory of Gavelk. 73. Before the to him that is ab Epiftolis & Scriptis Secretis; as the
Conqueft, the English did not feal with Wax, but two Secretaries of State, &c. The Secretaries of State
they usually made a Crofs of Gold on the Parch-have an extraordinary Truft, which renders them
ment, and fometimes an Impreffion on a Piece of very confiderable in the Eyes of the King, and of
Lead, which hanged to the Deed with a String of the Subje&t alfo; whofe Requests and Petitions are
Silk; and thus it continued till the Reign of King for the moft part lodged in their Hands, to be re-
Hen. 2. and then they fealed their Deeds with Wax, prefented to his Majefty, and to make Dispatches
the Colour whereof was green, with which the thereupon, purfuant to his Majefty's Directions:
King's Grants were fealed, to fignify that they They are Privy Councellors, and a Council is fel-
were always to be in Vigour; and the Impreffion dom or never held without the Prefence of one of
on all Seals was a Man on Horfeback, with his them; they wait by Turns, and one of thefe Secre-
Sword in his Hand, till about the Year 1218. when taries always attends the Court, and by the King's
they began to engrave Coats of Arms on their Warrant, prepares all Bills or Letters for the King
Seals, &c. Ingulph. 901. 2 Nelf. 207. In former to fign, not being Matter of Law. And depending
Times the Makers of Deeds fubfcribed their Names, on them is the Office called the Paper Office, which
adding the Sign of the Crofs, and in the End fetting contains all the publick Writings of State, Nego-
down a great Number of Witneffes, without using tiations, and Difpatches, all Matters of State and
any Kind of Seal; but in the Time of Will. 1ft, Council, &c. and they have the Keeping of the
called the Conqueror, the King and the Nobility ufed King's Seal, called the Signet, becaufe the King's
Seals of Arms, which was afterwards followed by the private Letters are figned with it. There was but
Gentry; and in the Reign of King Edw. 3d, Seals one Secretary of State in this Kingdom, 'till about
with Devices became common with all Sorts of Per- the End of the Reign of King Hen. 8. but then that
fons. Terms de Ley 331, 332.
Has Dona- great and weighty Office was thought proper to be
tiones Ordinationes confirmarunt & Cruce fignarunt difcharged by two Perfons, both of equal Authori
&
Henricus Rex & Mathildis Regina. Mon. Angl. Tom. ty, and ftiled Principal Secretaries of State. The Cor-
3. pag. 7. Sealing of Writings by biting the Wax. refpondence with all Parts of Great Britain is ma-
See Wang.
naged by either of the Secretaries, without Diftinc-
tion
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tion; but in refpe&t to foreign Affairs, All Nations any Defence: But a Defence ought to be always
which have Intercourſe of Buſineſs with Great Bri-
tain, are divided into two Provinces, the Southern
and the Northern; of which the Southern is under
the Senior, and the Northern is under the Junior Se-
cretary, &c. Our Secretaries of State have Power to
commit Perfons for Treafons, and other Offences a-
gainſt the State, as Confervators of the Peace at
Common Law, or as Juftices of Peace all over Eng-like Cafes. Bract. 3
land; and it is incident to their Office. I Salk. 347.
Wood's Inft. 458.
Se&ta Curiæ, Suit and Service done by Tenants
at the Court of their Lord. Paroch. Antiq. 320.
Seta ad Curiam, Is a Writ which lieth againft
him who refuſeth to perform his Suit to the County-
Court, or Court-Baron. F. N. B. 158.
Se&ta facienda per illam quæ habet æniciam
partem, Is a Writ to compel the Heir that hath the
Elder's Part among Co-heirs, to perform Service
for all the Coparceners. Reg. Orig. 177.
Selta Molendini, A Writ lying where a Man
by Uſage Time out of Mind, &c. hath grinded his
Corn at the Mill of a certain Perfon, and after
wards goeth to another Mill with his Corn, thereby
withdrawing his Suit to the former: And this Writ
lies eſpecially for the Lord against his Tenants,
who hold of him to do Suit at his Mill. Reg. Orig.
53. F. N. B. 122. The Count in the Writ Secta
Molendini, may be on the Tenure of the Land; or
upon Preſcription, viz. That the Tenant, and all
thoſe who held thofe Lands, have used to do their
Suit at the Plaintiff's Mill, &c. New Nat. Br. 272.
Secta ad Molendinum, and Affifes of Nufance are now
much turned into Actions of the Cafe.
Seta Regalis, A Suit by which all Perfons were
bound twice in a Year to attend the Sheriff's Tourn;
and was called Regalis, becauſe the Sheriff's Tourn
was the King's Leet, wherein the People were to be
obliged by Oath to bear true Allegiance to the
King, &c.
Setta unica tantum facienda p2o pluribus hæ-
reditatibus, Is a Writ that lies for an Heir who is
diftrained by the Lord to do more Suits than one,
in Refpect of the Land of divers Heirs defcended
to him. Reg. Orig.
Se&is non faciendis, A Writ brought by a Wo-
man, who for her Dower, &c. ought not to perform
Suit of Court. Reg. Orig. 174.
unblamable, not to take Revenge. Bac Max. 25.
If a Man attack another Perfon on a fudden falling
out, and before a Mortal Wound is given, the other
flies to the Wall, or fome other unpaffable Place,
to fave his Life, and being ftill purfued kills the
Perfon making the Affault; from the unavoidable
Neceffity of it, this is Se Defendendo; and fo in the
fity, to make Killing another Se Defendendo, mult
Bract. 3 Ed. 3. A Flight upon Necef-
not be a feigned one to gain Breath, or Opportunity
to fall on afreſh; but it must be a flying from the
of fome Wall, Ditch, Company, or the Fierceness
Danger, as far as the Party can, either by Reaſon
of the Affailant will permit. 1 Hale's Hift. P. C. 483.
If A. affault the Mafter, who flies to avoid Death,'
and the Servant kills A. in his Maſter's Defence,
it is Homicide Defendendo of the Mafter; though if
he had not been driven to that Extremity, it would
have been Manflaughter. Ibid. 484. Plowd. 100.
And if I have a Weapon in my Hand, and a Perfon
affaults me, if he runs fo haftily after me, that he
runneth on my Sword which I hold forth for the
Defence of myfelf, and fo is killed, it is Se Defen-
dendo: But if there be any Malice in the Cafe, or
one kill him before he need to do it, the Offence
will be of a higher Nature. Fitz. Coron. 284, 286,
307. Poult. 119. There is no exprefs Judgment
in Chance-medley, or Se Defendendo; but the Offender
is let to Mainprife to fue out his Pardon; and yet
his Goods and Chattels are forfeited: Though where
one kills another in his own Defence, upon the
Special Matter found, it is faid he may be difmiffed
without any Forfeiture, or Pardon purchafed. 2 Inft.
148. 3 Inft. 220.
the Statute 4 H. 8. c. 5.
1 Inft. 391. H. P. C. 138. See
Sedgmore, In the County of Somerſet, an A& for
Draining the fame. 10 & 11 W. 3. c. 26.
Seditious Conbenticles, To the Disturbance of
the Peace, &c. See Conventicles and Herefy.
Seed-cod, (From the Sax. Sad, Seed, and Codde,
a Purfe, or fuch like Continent) Is a Basket or o
ther Veffel of Wood, carried on one Arm of the
Husbandman or Sower of Ground, to bear the
Seed or Grain which he fows, and fpreads abroad
with the other Hand. In Westmorland a Boler or
Pillow is called a Cod; and in other Northern Parts
a Pin-cuſhion is termed a Pin-cod.-
Seed-cod empto 4 d. Paroch. Antiq. 549. Kennet's
Glofs.
Pro uno
Seeder, A Seedfiman, or one who fows the Land.
Secunda Superoneratione Pafture, Is a Writ
which lieth where Admeasurement of Pafture hath
been made, and he that firft furcharged the Com-
mon doth it a fecond Time, notwithstanding the Ad-Blount.
meaſurement. Old Nat. Br. 73.
Securitatem inveniendi quod fe non dibertat
ad partes exteras Ene Licentia Regis, An ancient
Writ lying for the King against any of his Subjects,
to stay them from going out of this Kingdom to fo-
reign Parts; the Ground whereof is, That every
Man is bound to ferve and defend the Common-
wealth, as the King fhall think fit. F. N. B. 85.
Sce Ne exeat Regnum.
Securitatis Pacis, Is a Writ that lies for one
who is threatned Death or bodily Harm by another,
against him which fo threatens; and is iffued out
of the Chancery directed to the Sheriff, &c. Reg.
Orig. 88.
Seignio, (Fr. Seignieur, i. e. Dominus) Is in ge
neral Signification as much as Lord; but particu-
larly uſed for the Lord of the Fee, or of a Manor,
as Seigneur among the Feudifts is he who grants a
Fee or Benefit out of the Land to another; and the
Reafon is, becaule having granted away the Uſe
and Profit of the Land, the Property or Dominium
he ftill retains in himſelf. Hotom. F. N. B. 23,
Seigniozy, (Dominium) Signifies a Manor or
Lordship, and it often occurs in our old Books.
Kitch. So.
Seigniorage, Is a Royalty or Prerogative of the
King, whereby he claims an Allowance of Gold
and Silver brought in the Mafs, to be exchanged for
Se Defendendo, Is a Plea for him that is charg-Coin. As Seigniorage, out of every Pound-Weight
ed with the Death of another Perfon, by alledging of Gold, the King had for his Coin 5 s. of which
that he was driven unto what he did in his own De- he paid to the Maſter of the Mint for his Work
fence; and the other fo affaulting him, that if he fometimes Is. and fometimes I s. 6d. Upon every
had not done as he did, he must have been in Dan- Pound- Weight of Silver, the Seigniorage anſwered
ger of his own Life; which Danger ought to be fo to the King in the Time of K. Edw. 3. was eighteen
great, as that it appears to have been otherwife Penny-Weight, which then amounted to about 1 s.
inevitable. Staundf. P. C. lib. 1. cap. 7. Any Perfon out of which he fometimes paid 8 d. at others 9 d. to
in his Defence may kill another for the Safety of the Mafter: In the Reign of King Hen. 5. the King's
his Life; and where a Man is attacked, a Defence Seigniorage of every Pound of Silver was 15 d. ¿
may be made without expecting the firft Blow, Stat, 9 Hen. 5. cap. 1. Hale's Sher. Acc. pag. 3.
which may render a Perfon incapable of making
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Selion of Land, (Selio Terra) Is derived from the
Fr. Seillon, which fignifies a Ridge of Ground rifing
between two Furrows, and contains no certain
Quantity, but fometimes more and ſometimes lefs:
Therefore Crompton fays, That a Selion of Land can-
not be in Demand, becauſe it is a Thing incertain.
Crompt. Furifd. 221.
A
Seme, (Sax. Seam, i. e. Onus) A Horfe-Load or
cight Bufhels of Corn. Blount. A Seme of Glafs is
twenty-four Stone, each Stone five Pounds Weight.
Semebole, A Pipe, or Half a Tun of Wine.
Merch. Dict.
See Papift.
un-
Semíníverbius, A Preacher, or Sower of Words.
Pet. Blefen.
Senage, (Senagium, from Senatus, fometines ufcd
for Synod) Is Money paid for Sinodals.
Seiln, (Seifina, Fr. Seifine) In the Common Law planted in it by Nature a strong Defire of Self-Pre-
fignifies Poffeffion. To feife is to take Poffeffion of fervation: And by our ancient Law, if a Man ftole
a Thing; and primier Seifin is the firft Poffeffion. Victuals merely to fatisfy his prefent Hunger, being
Co. Litt.152. There is a Seifin in Deed or in Fat, for the Prefervation of Life, it was not Felony;
and a Seifin in Law; a Seifin in Deed is when an but this Law is become obfolete. Staundf. P. C. Sec
actual Poffeffion is taken; and Seifin in Law is Se Defendendo.
where Lands defcend, and one hath not actually
entered on them, &c. 1 Inft. 31. Seifin in Law is a
Right to Lands and Tenements, though the Owner
is by Wrong diffeifed of them: And he who hath
an Hour's actual Poffeffion quietly taken, hath
Seifin de droit & de claime, whereof no Man may
diffeife him, but must be driven to his A&tion.
Perk 457, 458. A Seifin in Law is fufficient to
avow upon; but to the bringing an Afife actual
Seifin is required, &c. 4 Rep. 9. Seifin of a fupe-
rior Service, is Seifin of all inferior Services which
are incident thereto : And Seifin of Homage is a Sei-
fin of all other Services, becauſe in the doing there- Seminaries, Perfons are not to go or be fent to
of the Tenant takes upon himself to do all Servi- Popish Seminaries, to be inftructed or educated,
ces. 4 Rep. So. 1 Dano. Abr. 647. The Seifin of der divers Penalties and Difabilities, by Stat. 1 Fac.
Rent, or other annual Services, is a fufficient Seifin 1. cap. 4 And contributing to the Maintenance of
of cafual Services. 4 Rep. 80. But Seifin of one an-a Popish Seminary, is made a Premunire. Stat. 27
nual Service is not Seifin of another annual Ser-Eliz. cap. 2.
vice; as if there be Lord or Tenant by Fealty,
ten Shillings Rent, and three Days Work in the
Year; in this Cafe Seifin of the Rent is no Seifin of
the Work, nor is Seifin of the Rent Seifin of the
Suit of Court, which is annual. 4 Rep. 9. I Danv. Senator, (Lat.) As now taken is a Parliament
Abr. 647. 2 Lill. 507. The Seifin of the Father, is Man. In the Laws of King Edward the Confeffor, we
not fufficient for the Heir: Though if a Fine be are told that the Britons called thofe Senators whom
levied to one for Life, the Remainder to another the Saxons afterwards termed Aldermen, and Borough-
in Tail, and the Tenant for Life takes Seifin of the masters; though not for their Age, but their Wif
Services, this will be a good Seifin for him in Re-dom, for fome of them were young Men, but very
mainder; and the Seifin of a Leffee for Years is
fufficient for him in Reverſion. 2 H. 6. 7. 45 Ed. 3.
26. i Danv. 805, 646. Where a Man is feifed of a
Reverfion, depending upon an Eftate for Life, the
Pleading of it is that he was feifed of it at de feodo,
leaving out the Word Dominico; but if it be a Re-
verfion in Fee, expectant upon the Determination
of a Leafe for Years, there he may plead that he Seneschal, (Sewefcallus, derived from Germ. Sein
was feifed of it in Dominico fuo ut de feodo. Dyer 185, a Houfe or Place, and Schale, an Officer) Is a
257. Rep. 20, 27. 4 Rep. 62. Seifin is never to Steward; and fignifies one that hath the difpenfing
be alledged, but where it is traverfable; and when of Juftice, in fome particular Cafes: As the High
a Defendant alledgeth a Seifin in Fee in any one Semefchai, or Steward of England; Senefibal de le Hotel
under whom he claims, the Plaintiff cannot al-de Roy, Steward of the King's Houfhold; Senefchal
ledge a Seifin in another, without traverfing, con- or Steward of Courts, &c. Co. Lit. 61. Croke's Jurifd.
feffing or avoiding of the Seifin alledged by the 102. Kitch. 83. See Steward.
Defendant. Cro. Eliz. 30. 1 Brownl. 170. If a Sei-
fin in Fee is alledged, it fhall be intended a lawful
Seifin till the contrary appears. 2 Lutw. 1337. Bur
the Party is to fhew of what Eftate he is feifed,
&c. 3 Nelf. Abr. 215. See Stat. 32 H. 8. c. 2.
Seilina habenda, quia Bex habuit Annum, Di-
em, & Waftum, Is a Writ that lies for Delivery of
Seifin to the Lord of Lands or Tenements, after the
King in Right of his Prerogative hath had the
Tear, Day and Wafte, on a Felony committed, &c.
Reg. Orig. 165.
well skilled in the Laws. Kenulph King of the
Mercians granted a Charter which ran thus, viz.
Confilio & confenfu Epifcoporum Senatorum gentis
fua largitus fuit dicto Monafterio, &c. Staundf. P. C.
cap. 28.
Sendal, A Kind of thin fine Silk, mentioned in
the Stat. 2 R. 2. c. I.
Seneschallo e Marechallo quod non teneant
placita de libero teuemento, A Writ directed to
the Steward and Marshal of England, inhibiting them
to take Cognifance of an A&tion in their Court that
concerns Freehold. Reg. Orig. 185, 191.
Senencia, A Word anciently ufed for Widow-
hood. Plac. Trin. 17 Ed. 3.
Seney-Days, Are Play-Days, or Times of Plea-
fure and Diverfion. Dies recreationis vocati Anglice
Seney-Days, &c. Regift. Eccl. Ebor. Anno 1562.
Separía, Separaria, Several, or fevered and di-
vided from other Ground. Paroch, Antiq. 336.
Separation, (Separatio) Is the Living afunder of
Man and Wife. See Divorce.
Seilure of Goods for Defences. No Goods of a
Felon or other Offender can be ſeiſed to the Ufe of
the King, before forfeited: And there are two Sei-
fures, one Verbal only, to make an Inventory, and Septuagefima, The third Sunday before Quadra-
charge the Town or Place, when the Owner is in-gefima Sunday in Lent, and is called Septuagefima,
dicted of the Offence; and the other actual, which becauſe it is about the feventieth Day before Eafter;
is the taking of them away afterwards on Convic-as Sexagefima and Quinquagefima are thus denomi-
tion, &c. 3 Inft. 103.
Sel, Denotes the Bignefs of a Thing to which
it is added; as Selwood is a great Wood.
Selda, (from the Sax. Selde, a Seat, or Stool)
Is uſed for a Shop, Shed, or Stall in a Market.
Afif. 9 R. 1. It is alfo made to fignify a Wood of
Sallows or Willows: And Sir Edw. Coke takes Selda
for a Salt-pit. Co. Lit. 4.
Self-bane, (Sax. Self-bana) Is where a Man mun-
ders himself, called Felo de fe.
Self-Pzelerbation. Every Creature has im-
4
nated from their being, the one fixty, the other
fifty Days before the fame Feaft, which are all of
them Days appropriated by the Church to Acts of
Penance and Mortification, preparatory to the De-
votion of Lent. From Septuagefima Sunday until the
Octaves after Eafter, the Solemnizing of Marriage
is forbidden by the Canon Law; and the Laws of
King Canutus ordained a Vacancy from Judicature,
from Septuagefima to Quindena Pafcha. See Stat.
Weftm. 1. c. 51,
Septuagint.
SE
SE
:
Septuagint. The Seventy Interpreters of the Bible;
who were in Truth feventy-two, viz. Six out of every
one of the Twelve Tribes. Litt. Di&.
Septum, An Inclofure, fo called by Reafon it is
encompaffed cum Sepe & Foffa, with a Hedge or a
Ditch, at least with a Hedge; and it fignifies any
Place paled in.
Sepulchre, (Sepulchrum) Is the Place where any
Body lies buried; but a Monument is fet up for the
Memorial of the Deccafed, though the Corps lie
not there.
Cowel.
Sepultura, An Offering made to the Prieft for
the Burial of a dead Body. Domefd.
Dequatur fub fuo Perículo, Is a Writ that lies
where a Summons ad Warrantizand' is awarded, and
the Sheriff returns that the Party hath nothing
whereby he may be fummoned; then goes forth an
Alias and a Pluries, and if he come not in on the
Pluries, this Writ fhall iffue. Old Nat. Br. 163.
Sequela Caufæ, The Procefs and depending If
fue of a Cause for Trial.
Sequela Curiæ, Is ufed for Suit of Court.
Et quod fint liberi a Sequela Curiæ. Mon. Angl. Tom.
3. pag. 253.
Sequela Villanozum, The Retinue and Appur-
tenances to the Goods and Chattels af Villeins,
which were at the abfolute Difpofal of the Lord.
In former Times, when any Lord fold his Villein,
it was faid Dedi B. Nativum meum cum tota Sequela
fua; which included all the Villein's Offspring.
Paroh. Antiq. 216, 288.
Sequendum & Profequendum, Signify to follow
a Caufe; as where a Guardian is admitted ad profe-
quend' for an Infant, &c. 1 Vent. 74.
Sequelter, (Sequeftrare) Is a Term ufed in the
Civil Law for Renouncing; as when a Widow comes
into Court, and difclaims to have any thing to do,
or to intermeddle with her Husband's Eftate who
is deceaſed, ſhe is faid to fequefter.
:
7
the Shop or Warehouſe, and to appraiſe the Goods
therein by a Serjeant, who takes a Bill of Appraiſe-
ment, having two Freemen to appraiſe them, for
which they are to be fworn at the next Court holden
for that Compter; and then the Officer puts his
Hand to the Bill of Appraiſement, and the Court
granteth Judgment: Though the Defendant in the
Action may pur in Bail before Satisfaction, and fo
diffolve the Sequestration; and after Satisfaction, may
put in Bail ad disproband debitum, &c. Pract. Solic.
429,
Sequestration of the Eftates of Peers and Mem-
bers of Parliament, not appearing to Actions, &c.
Stat. 12 W. 3. See Parliament.
Sequeftro habendo, Is a Writ judicial for the
Difcharging a Sequeftration of the Profits of a Church
Benefice granted by the Bishop at the King's Com-
mandment, thereby to compel the Parfon: to ap-
pear at the Suit of another; and the Parfon upon
his Appearance, may have this Writ for the Releaſe
of the Sequestration. Reg. Judic. 36.
Serement, (Fr.) An Oath, which is to be taken
before a Perfon who hath Power to adminiſter it,
or fhall be void. 2 Keb. 284. See Oath.
>
!
.
Serjeant or Sergeant, (Lat. Serviens) Is a Word
diverfly ufed in our Law, and applied to fundry
Offices and Callings. First a Serjeant at Law, (Ser-
viens ad Legem) otherwife called Serjeant Counter or
of the Coif, is the higheſt Degree in the Common
Law, as a Doctor is in the Civil Law; but according
to Spelman, a Doctor of Law is fuperior to a Serjeant,
for the very Name of a Doctor is Magifterial, but
that of a Serjeant is only Minifterial. To thefe
Serjeants, as Men beft learned and experienced in
the Law and Practice of the Courts, one Court is
fevered to plead in by themſelves, which is that of
the Common Pleas, where the Common Law of Eng-
land is moft ftri&tly obferved; yet they are not fo
limited as to be reftrained from Pleading in any
Sequestration, (Sequeftratio) Signifies the Separa- other Courts, where the Judges (who cannot be fuch
ting or fetting afide of a Thing in Controverfy, till they have taken the Degree of Serjeant) call
from the Poffeffion of both the Parties that con- them Brothers, and hear them with great Respect;
tend for it; and it is two-fold, voluntary and necef- and of which one or more are ftiled the King's Ser-
fary; Voluntary, is that which is done by the Con- jeants, being commonly chofen out of the reft in
fent of cach Party: Neceffary, is what the Judge refpect of their great Learning, to plead for the
of his Authority doth, whether the Party will or King in all his Caufes, eſpecially upon Indictments
not. Fortescue, cap. 50. Dyer 232, 256. And there is for Treafon, &c. In other Kingdoms the King's
a Sequeftration on a Perfon's ftanding out all the Serjeant is called Advocatus Regius; and here in Eng-
Proceffes of Contempt for Non appearance in Chan-land, in the Time of King Edw. 6th, Serjeant Benloe
cery upon a Bill exhibited; fo where Obedience is wrote himfelf folus Serviens ad Legem, there being
not yielded to a Decree, the Court will grant a for fome Time none.but himself; and in Ireland at
Sequestration of the Lands of the Party, &c. And this Day there is only a King's Serjeant. Serjeants
a Sequestration is also a Kind of Execution for Debt; at Law are made by the King's Writ directed unto
efpecially in the Cafe of a beneficed Clerk, of the
Profits of the Benefice, to be paid over to him that
had the Judgment, till the Debt is fatisfied. 2 Inft.
472. 2 Roll. Abr. 474. But the most ufual Sequeftra-
tion of a Benefice, is upon a Vacancy, for the ga-
thering up the Fruits of the Benefice to the Ufe of
the next Incumbent; and the Profits of the Church
being in Abeyance, are to be received by the Church-
wardens by Appointment of the Bishop, to make
Provifion for the Cure during the Vacancy, &
Stat. 28 H. 8. cap. 11. Sequeftration is further the Act
of the Ordinary, difpofing of the Goods of one that
is dead, whofe Eftate no Man will meddle with.
1
fuch as are called, commanding them to take upon
them that Degree by a certain Day; and by the
Writ or Patent of Creation, it appears that the
Honour of Serjeant at Law, is a State and Dignity
of great Refpe&t: In conferring thefe Degrees,
much Ceremony is ufed; and the Serjeants chofen
hold a fumptuous Feaft, like that at a Coronation,
which formerly continued feveral Days; alfo they
make Prefents of Gold Rings, to a confiderable Va
lue, &c. Fortescue, cap. 50.3 Cro. L. Dyer 72. 2 Inſts.
213, 214. Their Privilege of being impleaded in
C. B. &c. Vide Privilege.
>
:
Serjeants at Brms, Their Office is to attend the
Sequestration in London, Is made upon an Ac-Perfon of the King; to arreft Perſons of Condition
tion of Debt; and the Courfe of proceeding in it offending, and give Attendance on the Lord High
is thus: The Action being entered, the Officer goes Steward of England, fitting in Judgment on any
to the Shop or Warehoufe of the Defendant, when Traitor, &c. There may not be above thirty Ser-
there is no Body within, and takes a Padlock and jeants at Arms in the Realm, who shall not oppres
hangs it upon the Door, &c. ufing thefe Words, viz. the People, in Pain to loſe their Offices, and be
I do fequefter this Warehouse, and the Goods and Mer-fined, by the Stat. 13 R. 2. cap. 6. And two of
chandizes therein of the Defendant in the Action, to the them by the King's Allowance, do attend on the
Use of the Plaintiff, &c. and fo puts on his Seal, and two Houses of Parliament; the Office of him in the
makes Return thereof at the Compter; then four Houfe of Commons is, the Keeping of the Doors,
Court Days being paft, the next Court after the and the Execution of fuch Commands touching the
Plaintiff may have Judgment to open the Doors of Apprehenfion and taking into Cuftody of any Of-
fender,
}
:
1
S E
SE
·
Serjeants of a more inferior Kind are Serjeants
of the Mace, whereof there is a great Band in the
City of London, and other Corporate Towns, that at-
tend the Mayor or other head Officer, chiefly for
Matters of Justice, &c. Kitch. 143. Formerly all
the Fuftices of Eyre had certain Officers attending
them called Serjeants, who were in the Nature of
Tipftaves. Weft. 1. cap. 30. And the Word Serjeant
is uſed in Britton for an Officer belonging to the
County; which is the fame with what Bracton calls
Serjeant of the Hundred, being no more than Bailiff
of the Hundred. Bract. lib. 5. cap. 4. And we read
of Serjeants of Manors, of the Peace, &c.
Serjeants of the Houthold, Are Officers who
execute ſeveral Functions within the King's Houfbold,
mentioned in the Stat. 33 Hen. 8. cap. 12.
+
fender, as that Houfe fhall enjoin him. Another bandry by the Year, with any Perfon that keepeth
of them attends on the Lord Chancellor in the Chan-or ufeth Husbandry, and who will require any pro-
cery; and one on the Lord Treaſurer of England: per Perfon to ferve; and the Juftices of Peace have
Alfo one upon the Lord Mayor of London on extraor- Authority herein, and to affefs the Wages of fuch
dinary Solemnities, &. They are in the old Books Servants in Husbandry, order Payment, &c. Alfo
called Virgatores, because they carried. Silver Rods two Juftices, and Mayors or Head Officers of any
gilt with Gold, as they now do Maces, before the City or Town, may appoint any poor Woman of
King. Stat. 7 Hen. 7. c. 3. Crompt: Fur. 9. Fleta, 1. 2. the Age of twelve Years, and under forty unmar-
c. 38..
ried, to go to Service by the Year, &c. for fuch
Wages and in fuch Manner as they think fit; and
if any fuch Woman fhall refufe to go abroad as a
Servant, then the faid Juftices, c. may commit
fuch Woman until fhe is bound to ferve. Stat. Ibid.
If any Mafter fhall give more Wages than affeffed
by the Juftices; or any Servant takes more, or rẻ-
fufing to ferve for the Statute Wages, they are pu-
nifhable; but a Mafter may reward his Servant as he
pleafes, fo as it be not by way of Contract on the
Retainer: And if a Servant depart before the End
of the Term, being hired for a Year, without Caufe
allowed by a Juftice; or after his Term is expired,
without giving a Quarter's Warning, two Juftices
may commit him to Prifon till he give Security to
ferve out the Time; or one Juftice of Peace may
fend him to the Houfe of Correction, there to be
Serjeanty, (Serjeantia) Signifies in Law a Service, punifhed as a diforderly Perfon. 7 Fac. 1. cap. 4.
that cannot be due from a Tenant to any Lord but A Matter cannot put away a Servant before the End
to the King only; and this is either Grand Serjeanty, of his Term without fome reafonable Cauſe, to be
or Petit; the firft is a Tenure whereby one holds allowed by one Juftice; nor after the End of the
his Lands of the King by fuch Services as he ought Term without a Quarter's Warning given before
to do in Perfon to the King at his Coronation; and Witneffes; if a Mafter difcharges a Servant other-
may alſo concern Matters Military, or Services of wife, he is liable to a Penalty of forty Shillings.
Honour in Peace, as to be the King's Butler, Car-5 Eliz. And where Servants quit their Services,
ver, &c.
Petit Serjeanty, is where a Man holds Teftimonials are to be given by Conftables and two
Land of the King, to furnish him yearly with fome Houfholders, &c. declaring their lawful Departure;
finall Thing towards his Wars; and in Effect pay-and a Servant not producing fuch a Teftimonial to
able as Rent. Though all Tenures are turned into the Conftable where he defigns to dwell, is to be
Socage by the 12 Car. 2. cap. 24. Yet the honourary imprisoned till he gets one; and in Default thereof.
Services of Grand Serjeanty ftill remain, being there-be whipped as a Vagabond; Mafters retaining them
in excepted. Lit. 153, 159.1 Inft. 105, 108. See without fuch Teftimonial, fhall forfeit five Pounds.
Chivalry.
But the Teftimonial concerns only Servants in Trades
Sermonium, Was an Interlude or hiftorical Play, and Husbandry. Stat. Ibid. No Perfon may retain
acted by the inferior Orders of the Clergy, affifted a Servant for less than a Year, by the ancient Sta-
by Youths, in the Body of the Church, fuitable to tutes; if one retains a Servant generally, without
the Solemnity of fome high Proceffion Day, and expreffing any Time, the Law conftrues it for a
before the Improvements of the Stage, thefe ruder Year; and where a Servant is hired for a Year, ac
Sorts of Performances were even a Part of the un-cording to the Statute, and the Maſter dieth within
reformed Religion. Collect. Matt. Hutton, Ex Reg.
Eccl. Lincoln. MS.
.
•
Serples, A Mantle or upper Coat; from the
Lat. Superpellicium. Blount.
į.
Serbage, Is when Tenants, befides Payment of
a certain Rent, find one or more Workmen for
their Lord's Service. 1. R. 2. cap. 6. King John
brought the Crown of England in Servage to the See
of Rome. 2 Inft. 274.
}
that Time, the Executor muft pay the Wages. Dalt.
129. I Inft. 42. If a Woman Servant marrieth,
fhe is obliged to ferve out her Year; but if a ſingle
Woman who is with Child procures herſelf to be
retained with a Mafter, who knows nothing thereof,
this is a good Caufe to diſcharge her from her Ser-
vice; and fo if the be gotten with Child during her
Service. Dalt. 92. Refol. Ann. 1633. A Servant re-
tained for a Year, falling fick, ought not to be
Servants, Are fuch as Men of Trades. and Pro- difcharged therefore, or for any Difability by the
feffions employ under them, to affift them in their Act of God; neither may his Wages be abared for
particular Callings; or fuch Perfons as others re- thofe Caufes. Dalt. 129. Mafter and Servant may
tain to perform the Work and Bufinefs of their part by Confent, and then the Allowance of the
Families, which comprehends both Men and Wo- Difcharge by a Juftice of Peace is not neceffary:
men: And Servants are Menial, or not fo; Menial, And a Master's detaining Wages, not allowing fuf-
being Domeſticks living within the Walls of the ficient Meat, &c. or the Mafter's Wife beating
Houfe. Wood's Inft. 51. Every Perfon under the Age him, are good Caules for a Servant's Departure;
of thirty Years, that has been brought up in Handi- but they must be allowed by a Justice. Dalt: If a
craft Trades, and hath not Lands of Inheritance, Mafter put away his Servant, he must pay him his
or for Life, of the yearly Value of forty Shillings, Wages to the Time he ferved; though if the Servant
or is not worth ten Pounds in Goods, and ſo allowed go away from his Service before the End of the Time
by two Juftices of Peace; and not being retained
with any Perfon in Husbandry, or in the faid Arts,
not being lawfully hired as a Servant with any No-
bleman or Gentleman, or having any Farm or other
Holding whereupon he may employ his Labour;
fhall, upon Request made by any Perfon ufing the
Myftery wherein fuch Perfon hath been exercifed,
be obliged to ſerve him as a Servant therein, on Pain
of Impriſonment. 5 Eliz. cap. 4. And by the fame
Statute, Perfons are compellable to ferve in Huf-
-
7
agreed he fhall forfeit all his Wages. Dalt. 129.
A Servant is not to depart from his Service; and if
he refufeth to do his Bufinefs, this is a Departure in
Law, although he go not away. Noy's Max. 90.
Enticing away a Servant, or retaining and keeping
one who departed from his Mafter without Licenſe,
knowing him to be a Servant to another, the Mafter
may have Action of the Cafe againſt the Perſon
doing it. 2 Lev. 63. Stat. 23 Ed. 3. But if a Man
do retain another's Servant, not knowing that he
>
was
:
4
SE
SE
375.
138. A Mafter fends his Servant with deceitful
Wares to Market, and orders him to fell them, but
fays not to whom, if he fells them, no Action will
lie against the Mafter: Though if he had bid the
Servant fell them to fuch a Man in particular, and
he had done fo, the Mafter would be chargeable in
Action of the Cafe. 11 E. 4. Kitch. 185. The Ma-
fter is liable for the Negle&ts of his Servant; (tho'
not the wilful Wrong) where a Carrier's Servant
lafes Things delivered to him, the Mafter must
answer it, and A&tion lies against him; and if Goods
be undertaken to be carried fafely for Hire, but by
Negligence are ſpoiled, it has been held, that who-
ever employs another, is anſwerable for him, and
undertakes for his Care to all that make uſe of
him. 2 Salk. 440. If a Surgeon undertakes the Cure
of a Perfon, and by fending Medicines by his Ser-
vant, the Wound is hurt and made worse, the Pa-
tient fhall have Action against the Mafter, and not
against the Servant, 18 Hen. 8. And where a Smith's
Servant pricks a Horfe in fhoeing him, the Mafter
fhall anfwer the Damages. Wood's Inft. 56. A Servant
cafting any Thing into the Highway to the Nulance of
the King's Subjects, the Mafter fhall be charged,
Noy's Max. 94. A Mafter may maintain the
Cauſe of his Servants: He may bring an Action for
the Battery of a Servant, whereby he lofes his Ser-
vice, which is to be alledged: And if a Servant is
cozened of his Mafter's Money, the Mafter may
have Action on the Cafe against the Perſon that
cozened him. 9 Rep. 113. 10 Rep. 130. 1 Roll Abr.
98. And in Cafe a Servant give away his Mafter's
Goods, the Matter may have Action against the
Receiver. Noy's Max. 94. Where a Servant damages
Goods of his Maſter, Action lies against him; and
being employed to fell Goods in his Master's Shop,
if the Servant carries away and converts them to his
own Ufe, Action of Trefpafs may be brought by the
Mafter against the Servant; for the Servant cannot
meddle with them in any other manner than to fell
them. 5 Rep. 14. 1 Leon. 88. Moor 244. But if a
Servant be robbed, without his Default, &c. he fhall
be excufed, and allowed it on his Account. I Inft.
89. Servants going or making away with, imbe-
zilling or purloining any of their Mafter's Goods, to
the Value of 40s. are guilty of Felony, by the Stat.
21 Hen. 8. cap. 7. and 12 Ann. cap. 7. And affaulting
their Mafters, they may be bound to the good
Behaviour, or be committed to Prifon for a Year,
Ec. 5 Eliz.
was in the Service of the other, he fhall not be | But if I fend him not, it is otherwife. Doct. & Stud.
punished for fo doing, if he do not retain him after
Notice of his firft Service; And if a Perfon do re-
tain one to ferve him for forty Days, and another
doth afterwards retain him to ferve for a Year, the
first Covenant is avoided, because the Retainer was
not according to the Statute. New Nat. Br. 374,
A Mafter is anſwerable for the Actions and
Trefpaffes of his Servant in many Cafes; but not
for Trefpafs of Battery, &c. and in criminal Cafes,
unleſs done by his Commandment. Noy's Max. 99.
And if the Mafter order his Servant to diftrain an-
other Man's Cattle, and after he hath diftrained
he kills or abuſes the Diftrefs, the Mafter fhall not
anſwer it. Noy 111. If a Man has a Servant known
to be fuch, and he fend him to Fairs and Markets
to buy or fell, his Mafter fhall be charged if the
Thing come to his Ufe; though if a Servant makes
a Contract in his Maſter's Name, the Contract will
not be binding, unless it were by the Mafter's
Commandment or Affent; and where a Servant
borrows Money in his Mafter's Name, without Or-
der, that does not bind the Mafter. Dr. & Stud.
Dial. 2. c. 42. A Servant buys Things in his own
Name, the Mafter fhall not be charged, except the
Things bought come to his Ufe, and he have No-&c.
tice of it. Kitch. 371. Where a Maſter always
gives bis Servant Money, he fhall not anfwer for
what the Servant buys on Truft; but if he fends
fometimes on Trust, he muft anſwer to his ufual
Tradefmen for what is fo taken up upon Truft by
him. Wood's Inft. 56. A Maſter ufed to give his
Servant Money every Saturday, to defray the Char-
ges of the foregoing Week, and the Servant kept
the Money; per Holt Ch. Juft. the Mafter is here
chargeable; for the Mafter at his Peril ought to
take Care what Servant he employs; and 'tis more
reaſonable that he ſhould fuffer for the Cheats of his
Servants, than Strangers and Tradeſmen who do not
employ them. 3 Salk. 234. It has been adjudg'd,
that where a Servant ufually buys Goods for his
Mafter upon Tick, and takes up Things in his
Mafter's Name, but for his own Ufe, the Mafter is
liable; but it is not fo where the Mafter ufually
gives him ready Money: That if the Mafter gives
the Servant Money to buy Goods for him, and he
converts the Money to his own Ufe, and buys the
Goods upon Tick, yet the Mafter is answerable, as
the Goods come to his Ufe; otherwife he is not :
Alſo a Note under the Hand of an Apprentice fhall
bind his Master, where he is allowed to deliver out
Notes, though the Money is never applied to the
Mafter's Ufe; but if he is not allowed or accuftom-
ed to deliver out Notes, his Note fhall not bind the
Mafter, if the Money be not applied to the Uſe of
the Mafter. 3 Salk. 234, 235. The A&t of a Servant
fhall not bind the Mafter, unless he acts by Autho- A. B. of, &c. and C. D. in Manner following, viz.
Tis agreed this Day, &c. in the Year, &c. between
rity of his Mafter; and therefore if a Maſter ſends
his Servant to receive Money, and the Servant inftead That be the faid A. B. fhall and will receive the faid
C. D. into his House and Service, for the Term of one
of Money takes a Bill, and the Mafter as foon as
told thereof difagrees, he is not bound by this Pay- whole Year, from the Date hereof; and provide for the
ment: But Acquiefcence, or any fmall Matter, will faid C. D. competent and fufficient Meat, Drink, Waſh-
be Proof of his Maſter's Confent, and that willing and Lodging; and alfo pay and allow unto him the
make the A& of the Servant the Act of his Mafter.
Hill. 2 Ann. B. R. 2 Salk. 442. For what is within
the Compaſs of a Servant's Bufinefs, the Mafter
fhall be generally chargeable; and alfo have Ad-
vantage of the fame against others. Noy's Max.
An Affumpfit of the Servant, by Order and Appoint-
ment of the Maſter, ſhall bind his Maſter; and a
Promife to my Servant is good to me: If my Bailiff
buy Cattle to ftock my Ground, I fhall be charge-
able in Debt for the Money; and if he fell Corn
for me, I may have Action in my own Name againſt
If one owe me
the Buyer. Bro. 24. Godb. 360.
Money, and I fend my Servant for it, and he pay
it to him; this is a good Payment and Difcharge,
though the Servant do not bring the fame to me:
An Agreement between a Mafter and Servant.
Said C. D. the Sum or Wages of five Pounds, he the faid
C. D. continuing in the Service of him the faid A. B.
during the faid Term: And the faid C. D. covenants
and agrees with the faid A. B. That he the faid C. D.
hall and will for the Confiderations aforefaid, faithfully
ferve him the faid A. B. in the Business and Service of,
&c. for and during the faid Term of one Year, without
abfenting from the fame, or imbezilling any of the Money
or Goods of the faid A. B. or any ways difelofing the Se-
crets of his faid Mafter. In Witnels, c.
Servi, Were Bond-men; and Servi Teftamentales,
thoſe which we now call Covenant Servants. Leg.
Athelst. The proper Servi were of four Sorts, viz.
fuch as fold themſelves for a Livelihood; Debtors
8 S
that
❤
?
SE
SE
that were to be fold for being incapable to pay, Derbitor, (Servulus) Is a Serving-Man; particu
their Debts; Captives in War, employ'd as perfect larly applied to Scholars in the Colleges of the Uni-
Slaves; Nativi, fuch as were born Servants, and verfities, who are upon the Foundation.
by Defcent belonged to the fole Property of the
Lord. And all the fe had their Perfons, their Chil-
aren and Goods, at the Difpofal of their Lords;
and were incapable of making any Wills, or giving
away any Thing, &c.
222.
Servitors of Bills, Such Servants or Meffengers
of the Marshal of the King's Bench, as were font
abroad with Bills or Writs to fummon Men to that
Court. Stat. 2 H. 4. c. 23.
Seffeur, Seems to fignify the Affeffing or Rating
of Wages. 25 Ed. 3. c. 6.
Sefton, (Seffio) Is a Sitting of Juftices in Court
upon their Commiffion; as the Seffions of Oyer and
Terminer, &c.
Sellions of Parliament, (Seffio Parliamenti) The
Sitting of the Parliament; and the Seffion of Parlia
ment continues till it be prorogued or diffolved, and
breaks not off by Adjournment. 4 Inft. 27. Sce
Parliament.
Peace, there are private Seffions held by the Ju-
ftices, for divers particular Branches of the Bufinefs
of their Offices. Dalt. Fuft. 573.
Service, (Servitium) Is that Duty by which the
Tenant, by Reafon of his Fee or Eftate, oweth unto
the Lord: Our ancient Law Books make many Di-
viſions of it; as into Perfonal, and Real; Free, and
Bafe; Continual, or Annual; Cafual and Accidental;
Intrinsick, and Extrinfick, &c. Bract. lib. 2. Brit. cap.
66. 4 Co. Rep. 9. Perfonal Service, is where fome-
thing is to be done by the Perfon of the Tenant,
as Homage and Fealty; and Real, was Wards and
Marriages, when in Ufe: Annual and certain Ser- Sellions of the Deace, A Court of Record, held
vice is Rent, Suit of Court to the Lord, &c. Ac before two or more Justices of Peace, (Quorum unus
cidental Services, are Heriots, Reliefs, and the like:for the Execution of the Authority given them by
And fome Services are only for the Lord's Benefit; their Commiffion, and certain Acts of Parliament.
and fome pro bono publico. Co. Copy hold 22. Co. Lit. And the Juftices in Seffions have Power to hear and
22 É. 4. 3. Alfo Services are faid to be intire ; determine Trefpaffes against the publick Peace, &c.
of Chattels valuable, fuch as an Ox, or Things and many Offences by Stature: This Court is held
pleaſurable, as a Hawk,. &c. And fo are thofe four Times in the Year at fome Place within the
Perfonal, and confifting of manual Work, or to ex-County, &c. Alfo befides the General Seffions of the
ercife fome Office, &c. The Statute of Magna
Charta ordains, That no Freeman fhall fell fo much
of his Lands, but that of the Refidue the Lord may
have his Services. 9 Hen. 3. cap. 32. In Feoffments
to a Man and his Heirs, the Feoffee fhall hold the
Land of the Lord by the fame Services as the Feoffor,
Pc. Stat. 18 Ed. I. And where Services are intire, Sellions for Weights and Measures. In London
and cannot be divided; upon the Alienation of four Juftices from among the Mayor, Recorder,
Parcel of the Lands by the Tenant, the Services fhall and Aldermen, (of which the Mayor or Recorder
be multiplied, and every Alienee render the whole to be one) may hold a Seffions to inquire into Of-
Service; though by the Purchafe of Parcel by the fences of felling by falfe Weights and Meaſures, con-
Lord, the whole is extinct, except in Cafe of Feal-trary to the Statutes; and to receive Indictments,
ty, and Heriot Cuftom. 6 Rep. 1. Wood's Inft. 133.
Service Secular, Signifies worldly Service, con-
trary to Spiritual and Ecclefiaftical. Stat. 1 Ed. 4.
cap. I.
Servitium Fozínfecum, A Service which did not
belong to the chief Lord, but to the King: It was
called Forinfecum and Foraneum, because it was done
Foris, vel extra fervitium quod fit Domino Capitali :
And we find feveral Grants of Liberties with the
Appurtenances, Salvo forenfi fervitio, &c. in Mon.verally: And in a Deed where the Covenants are feveral
Ang. Tom. 2. pag. 48.
Servitium Intrinfecum, Is that Service which
was due to the chief Lord alone from his Tenants
within his Manor. Bract. lib. 2. Fleta, lib. 3.
C.
Sellions for ozdering Servants, called Statute.
Seffions, held by High Conftables of Hundreds, &c.
5 Eliz. Sec Statutum Seffionem.
punish the Offenders, &c. Chart. K. Cha. 1.
Settlements of D002, In Pariſhes, there are
feveral Statutes relating to, viz. 43 Eliz. cap. 2.
13 & 14 Car. 2. c. 12. 3 & 4 W. & M. c. 11. 8 Sys
9 W. 3. c. 50. 12 Ann. c. 18. 9 Geo. 1. c. 7, &c.
Vide Poor.
Several A&ion, Is where two or more Perfons
are ſeverally charged in any Action.
Several Covenant, A Covenant by two or more fe-
between divers Perfons, they are as feveral Deeds,
wrote in one Piece of Parchment. 5 Rep. 23.
Several Juheritance, An Inheritance conveyed,
fo as to defcend, or come to two Perfons feverally
by Moicties, &c. Vide Inheritance.
Several Tail, Is that whereby Land is given
and intailed feverally to two. Co. Litt.
Several Tenancy, (Tenura feparalis) A Plea or Ex-
ception taken to a Writ that is laid against two Per-
fons as joint Tenants, who are ſeveral. Bro. 273.
Servitium Liberum, A Service to be done by
feudatory Tenants, who were called Liberi homines,
and diftinguished from Vafals, as was their Service;
for they were not bound to any of the bafe Ser-
vices of ploughing the Lord's Land, &c. but were
to find a Man and a Horfe, or go with the Lord
into the Army, or to attend his Court, &c. and Severance, Is the Singling or Severing of two or
fometimes it was called Servitium liberum armorum; more joined in one Writ or Action. There is a
as in an old Rental of the Manor of South Malling in Severance of the Tenants in an Aſſiſe, when one or
Eſſex, mentioned by Somner in his Treatife of Gavel-two Diffeifees appear upon the Writ, and not the
kind, pag. 56.
Servitium Regale, Royal Service, or the Pre-
rogatives that within a royal Manor belonged to
the Lord of it; which were generally reckoned to
be the following, viz. Power of Judicature in Mat-
ters of Property; and of Life and Death in Felo-
nies and Murders; Right to Waifs and Eftrays;
Minting of Money; Affize of Bread and Beer; and
Weights and Meaſures: All which Privileges 'tis
faid were annexed to fome Manors by Grant from
the King. Paroch. Antiq. 60.
other. Book Entr. 81. A Severance in Debt, where
two Executors, . are Plaintiffs, and one refufeth
to act or profecute. Ibid. 220. Severance in Quare
Impedits; in Attaints, &c. 5 Rep. 97. And it lies
in Real, as well as Perfonal Actions; and on Writs
of Error. F. N. B. 78. 10 Rep. 135.
10 Rep. 135. In Writ of
Error, if three Defendants in the Action bring Er-
ror, and one releafes the Errors, he may be fum-
moned and fevered, and then the other two ſhall
proceed to reverſe the Judgment. 6 Rep. 26. And
if in Error where there are feveral Plaintiffs, one
Servitiis Acquietandis, Is a Writ Judicial that only appears and affigns Errors; this is not good,
lies for a Man diftrained for Services to one, when without fummoning and fevering the reft. Cro. Eliz!
he owes and performs them to another, for the Ac-893. It has been held, that Summons and Seve-
quittal of fuch Services. Reg. Judic. 27.
rance lies in Partition; yet he who was fevered ſhall
"
C
I
have
SE
SE
!
1
Laws
have his Part: For Partition must be made of the erecting Mills, not repairing of Banks, and Bridges,
Whole. Fenk Cent. 211. And in the Cafe of Join-c. and to tax and affefs all whom it may concern,
tenants of Lands, by Severance the Profecution of for the Amending of Defaults, which tend to the
the Suit is ſevered, but not the Jointure; for where Obstruction or Hinderance of the free Paffage of
one alone recovers afterwards, the other may enter
into the Moiety recovered. Ibid. 40. Summons and
Severance is ufually before Appearance; as Nonfuit
is after Appearance. 10 Rep. 134. But according to
Hale, there are two Sorts of Severances, one when
a Plaintiff will not appear; and the other when
feveral Plaintiffs appear, but fome will not pro-
ceed and profecute. Hard. 317. 3 Nelf. Abr. 255.
If a Plaintiff or Defendant on a Writ of Summons
and Severance, ſued out against him by another, doth
not come in upon it, Judgment fhall be had ad Pro-
fequendum folum; and this hath been done in B. R.
by giving a Rule to appear and come in. 2 Lill
Abr. 539.
·
Severance of Con, The Cutting and Carrying
it from off the Ground; and fometimes the ſetting
out the Tithes from the rest of the Corn, is called
Severance. 2 Cro. 325. And where Executors of
Tenants for Life, &c. dying before Severance, fhall
bave Corn fown. See Emblements.
the Water through its ancient Courfes: And they
may arreft Carts and Horfes, and take Trees, pay-
ing a reasonable Price for them, for Reparations;
appoint Workmen, Bailiffs, Surveyors, and other
Officers, &c. Terms de Ley 541. 4 Inft. 275.
Serv. 86, 96. They proceed by Jury and View, in
their Inquiries into Annoyances and Defects of Re-
pairs; and the Jury may amerce for Neglects:
Alfo the Commiffioners may punish by Fine for
Contempts, and where Officers are negligent in
their Duty; though they may not imprison Perfons
for Difobedience to their Orders. Laws Sew. But
they cannot intermeddle where there is not a pub-
lick Prejudice; nor can they make a new River:
Upon the Statute 23 Hen. S. of Sewers, the Com-
miffioners decreed, that a new River fhould be
made out of another large River; through the main
Land for feven Miles, unto another Part of the old
River, and in order to it they laid a Tax of a Sum
in grofs upon feveral Towns; adjudged that the
Commiffioners have no Power to make a new Ri-
ver, or any new Invention to caft out Water, &c.
for fuch Things are to be done in Parliament: But
they may order an old Bank to be new made, or
alter a Sewer upon any inevitable Neceffity; and
the Tax of a Sum in grofs is not warranted by their
Commiffion, they being to tax every Owner or Pof-
feffor of the Lands, according to the Quality of
their Lands, Rents, and Number of Acres, and
Sewer, (Sewera) Is a Fresh-water Trench, or their refpective Portions and Profits, whether of
little River, encompaffed with Banks on both Sides, Pafture, Fishing, &c. 10 Rep. 141. Commiffioners
to carry the Water into the Sea, and thereby pre-of Sewers are to tax all equally, who are in Danger
ferve the Land againſt Inundations, &c. The to receive any Damage by the Waters, and not on-
Kings of England granted Commiffions of Sewers longly thofe whofe Lands are next adjoining; becaufe
before any Statute was enacted in Parliament for
it; and during the Reigns of King Hen. 6. Ed. 4.
Hen. 7. feveral Statutes were made for appoint-
ing Commiffions of Sewers in all Parts of the Realm
where needful; fome to endure ten Years, fome
fifteen Years, and others five Years, &c. with cer-
tain Powers to the Commiffioners; which Commif
fions, by the 23 Hen. 8. are to be fertled by the
Lord Chancellor, Lord Treaſurer, and the two
Chief Juftices, or any three of them, whereof the
Lord Chancellor to be one; and are to continue ten
Sebern, A Recompence for Robberies done on
the River Severn in Gloucestershire, may be had by
Action of Debt, according to the Statute of Win-
chefter. 8 H. 6.
None fhall be difturbed in his Paf
fage over the Severn; nor any Diſorders committed
upon the faid River. Stat. 9 H. 6. & 19 H. 7.
Vide Paffage.
Seward, A Saxon Word for him who guards the
Sea Coafts; it fignifies Cuftos Maris.
the Rage of the Waters may be fo great, that the
Land contiguous may not be of the Value to make
the Banks; and therefore the Stat. 6 H. 6. cap. 6.
will have all that are in Danger to be contributory.
5 Rep. 100. The Commiffioners having made a
Rate, according to the Quantity and Quality of
the Land, &c. may grant Warrants to diftrain for
it; or the Land may be decreed to be fold to pay
the Rate: But the Decrees of Commiffioners of
Sewers are to be certified into the Chancery, and have
the King's Affent to be binding; and the Commif-
Years, unless repealed by a new Commiffion: And fioners and their Proceedings, are fubject to the Ju-
by this Law, the Commiffioners Oath is appointed; rifdiction of the King's Bench. 23 Hen. 8. 1 Vent. 67.
they are to be qualified as to Eftates, by having There are feveral Caufes and Confiderations for
Lands, Tenements or Hereditaments, in Fee or for which Perfons may be obliged to repair and main-
Life, worth forty Marks per Ann. befides Reprizes tain Sewers; as Frontagers were bound to the Repairs
(except they are refident in and free of a Corpora- of the Walls, and Banks, &c. by Reafon of Fron-
tion; and having Moveables worth 100%) and if tage, by 37 Lib. Affif. pl. 10. The being Owner of
they execute the Commiffion not being thus qua- a Bank, Wall, or other Defence, is a fufficient In-
lified or before fworn, they incur a Forfeiture of ducement to impofe the Charge of the Repairs
407. Commiffioners that may lawfully act, have thereof upon fuch Owner. 8 Hen. 7. Prefeription
an Allowance for their Pains of 4s. per Diem, and and Custom are much of the fame Nature, and the
their Clerks 25. a Day, out of the Taxes to be laid Law takes Notice of them in this Cafe; but Pre-
and levied. 23 Hen. S. cap. 5. The Commiffioners fcription doth not bind a Man to the Repairs, ex-
of Sewers have Power to make and ordain Laws, cept it be Ratione Terra. 21 Ed. 4. 38. 19 Hen. 7.
but not to continue in Force longer than their Com-By Tenure of Land, a Perfon may be bound to re-
miflion by this Statute; and may decree Lands to pair a Wall, Bank, or Defence mentioned in the
be fold to levy Charges affeffed, upon Non-pay-Statute of Sewers. 12 H. 4. A Man may bind him-
ment, &c. Stat. Ibid. All Laws, and Ordinances of felf and his Heirs by Covenant cxprefly to repair
the Commiflioners, are to remain in Force till re- a Bank, Wall or Sewer, and be good; yet this fhall
pealed, notwithstanding the Determination of their not bind the Heir after his Death, where Affets are
Commiffion; and Clerks of Commiffioners of Sew not left from the Ancestor, which entered into the
ers are to eftreat Fines and Penalties impofed by the Covenant. Callis's Read. The Ufe of Defences may
Commiffioners, yearly into the Exchequer, by 13 Eliz. tie a Man to the Reparation thereof; if one and his
cap. 9. The Bufinefs of the Commiffioners of Sew- Ancestors have had the Ufe of a River by failing
ers is to repair Sea-Banks, and Walls, furvey Ri- up and down the fame, or have uſed a Ferry on or
vers, publick Streams, Ditches, &c. and make Or-over it, &c. Laws Sew. 57. If no Perfons or
ders for that Purpose: They have Authority ground-
ed on the Statutes, to inquire of all Nufances, and
Offences committed by the Stopping of Rivers,
•
Grounds can be known, which ought to make Rc-
pairs by Tenure, Prefcription, Cuftom or other-
wife, then the Commiffions are to tax the Level:
And
1
SH
SH
And by the Laws and Statutes of Sewers, all fhall be
charged, &c. Ibid. 67, 68. If it is found before
Commiffioners of Sewers, that fuch a Perfon ought
to repair a Bank; and this is removed into B. R.
the Court will not quafh the Inquifition, or grant a
new Trial, except he repair it; and if afterwards
he is acquitted, he fhall be reimbursed. Sid. 78. In
Cafes of Sewers, the Court of King's Bench inquires
in o the Nature of the Fact, before they grant a
Certiorari to remove Orders; that no Mifchief may
happen by Inundations in the mean Time, which is
a difcretionary Execution of their Power. 1 Salk
146. The Court commonly hears Counſel on both
Sides, where Orders of Commiffioners of Sewers are
removed by Certiorari, before fuch Orders are filed;
for if good, the Court will grant a Procedendo, which
cannot be done after they are filed: But now they
will file them in any Cafe, where there is no Danger
likely to enfue. 1 Salk. 145. If Commiffioners of
Sewers proceed after a Certiorari delivered out of
B. R. Attachment will iffue againſt them, and they
may be fined. 3 Nelf. Abr. 21 S.
The Sea, Creeks and Bays, on the Coafts, are all
within the Statutes of Sewers, in Point of Extent;
but they and the Shores, and the relinqnifhed
Grounds, are out of the Commiffion of Sewers, to
be determined thereby: But Ports and Havens, as
well as the Walls and Banks of Waters, are within
the Commiffion of Sewers; and the Shore and
Grounds left by the Sea, when they are put in
Gainage and made profitable, are then within the
Power of the Commiffion of Sewers: And though
before, the Ground left by the Sea, is not as to De-
fence, within the Commiffion of Sewers; yet a Wall
or Bank may be thereon raiſed, for the Succour of
the Country, although not for any private Commo
dity, the Commiffion of Sewers aiming at the ge-
neral Good. Callis's Read. Laws Sew. 31, 32. The
Stat. 3 Fac. I. cap. 14. ordains, That all Ditches,
Banks, Bridges, Streams, and Watercourfes, with-
in two Miles of London, falling into the Thames,
ſhall be ſubject to the Commiffion of Sewers: And
the Lord Mayor, &c. is to appoint Perfons who
have Power of Commiffioners of Sewers. 7 Ann.
cap. 10. Repairs of Sea-Banks in Norfolk, by Or-
der of Juftices of Peace as Highways. See Stat.
27 Eliz. c. 24. Breaking down Sea-Banks, whereby
Lands fhall be damaged, is Felony, by the 6 Geo. 2.
c. 35. And Perfons removing Piles, . ufed to
prevent Inundations of Rivers, fhall forfeit 201. or
be fent to the Houſe of Correction for fix Months.
Stat. 10 Gro. 2. c. 32.
Sexagefima Sunday, the fixtieth Day before Eafter.
See Septuagefima.
Sexhindeni, (Sax.) The Middle Thanes, valued
at 600 Shillings. Vide Hindeni Homines.
Sextary, (Sextarius) An antient Mcafure, con-
taining about our Pint and a Half, tho' it bath been
ufed for a much greater Quantity. Mon. Angl. Tom.
2, 136.
Seftery-Lands, Are Lands given to a Church,
&c. for Maintenance of the Sexton. Baron. Engl.
324.
Shack, Is a Cuftom in the County of Norfolk, to
have Common for Hogs, from the End of Harveft
till Seed-Time, in all Men's Grounds without Con-
troul: And in that County to go at Shack, is as much
as to go as large. 7 Co. Rep. 5.
Sharping-Con, A customary Gift of Corn, which
every Christmas, the Farmers in fome Parts of
ngland give to their Smith, for harping their Plough
Irons, Harrow-Tines, &c. Blount.
上
​Sham, Is a Grove of Trees, or a Wood, men-
tioned in 1 Inft. 4.
Shawaldzes, A Word unknown to Somner, who
could not tell what it was, unless Chevaliers, which
may agree with the Signification, but not with the
I
Sound of the Word; for tis more like Soldiers than
Chevaliers. Knight Anno. 1318.
Sheading, Signifies a Riding, Tithing, or Divi-
fion in the Isle of Man, where the whole Ifland is
divided into fix Sheadings, in each of which there
is a Coroner or chief Conftable appointed by Delivery
of a Rod at the Tinewald Court, or annual Conven-
tion. King's Defcrip. Il. Man. 17.
Sheep. By an antient Statute, no Perfon fhall
keep at one Time above Two thouſand Sheep; buc
Lambs are not to be accounted as Sheep till they are
a Year old. 25 Hen. 8. cap. 13. Perfons exporting
Sheep, ſhall forfeit them, and 20 s. for every Sheep,
&c. 12 Car. 2. cap. 32. And Perfons in the Coun-
ties of Kent and Suffex, within ten Miles of the Sea,
are to give an Account in Writing after Sheep-fhear-
ing, of the Number of Fleeces, to the next Officer
of the Cuftoms, &c. 9 & 10 W. 3. c. 40. By late
Statutes, Perfons driving away, or ftealing Sheep,
or other Cattle, or killing them, with an Intent to
fteal the Carcafes, or any Part thereof; and thoſe
as affift any one therein, fhall be adjudged guilty
of Felony, without Benefit of Clergy: And a Re-
ward of 10 l. is orderd to be paid by Sheriffs to any
Perfon who fhall apprehend and convict fuch Of
fenders, &c. Stat. 14 Geo. 2. cap. 6. & 15 Geo. 2.
cap. 34. See Wool.
Sheep-Silver, A Service turned into Money,
which was paid in Refpe&t that anciently the Te-
nants used to wash the Lord's Sheep. W. Fones Rep.
280.
Shearman's Craft, Is a Craft or Occupation ufed
at Norwich; the Artificers whereof do fhear Worteds,
Fuftians, and all Woollen Cloth. Stat. 19 H. 7. c. 17.
and 22 & 23 Car. 2.
Sherffee, So the Body of the Lordship of Cardiff
in South Wales is called, excluding the Members of
it. Powel's Hift. Wal. 123.
Sheriff, Shiriff or Shire-reve, (Vicecomes) Sax.
Scire geretha, i. e. Pagi vel Comitatus Præpofitus, or
rather from the Sax. Scyrian, to divide; is the chief
Officer under the King in every Shire or County,
being fo called from the first Divifion of the King-
dom into Counties. Camb. Brit. 104. And the She-
riff was antiently chofen in the County-Court by
the Suffrages of the People, as Knights of Parlia-
ment now are; but by Statute, Sheriffs are to be
made by the King; and the Lord Chancellor, Trea
furer, and Barons of the Exchequer, &c. nominate
three Perfons yearly for each County, out of which
the King chooſes one; and he is created by Letters
Patent, having befides his Patent of Office, a
Writ of Affiftance directed to all Bishops, Lords,
Knights, Freemen, &c. to be in omnibus que ad Of-
ficium pertinen. intendentes, auxiliantes, &c. Fortefcue,
cap. 24. 9 Ed. 2. It is faid the King may make and
appoint Sheriffs, without an Affembly of the Judges
in the Exchequer Craftino animarum, notwithstanding
the Statute 9 E. 2. which is only affirmative. Fenk.
Cent. 229. Sheriffs are appointed for a Year; but
they may be conftituted durante beneplacito, though
the King cannot reftrain any Part of the Sheriff's
Power, as to any Town, &c. (unless he make it a
County by itself, and appoint a Sheriff there) nor
abridge the Sheriff in any Thing incident to his Of-
fice: And a Sheriff is a Royal Officer, and takes
Place of every Nobleman in the County during the
Time he is Sheriff. 4. Rep. 32. 1 Roll. Rep. 27. The
Lord Mayor and Citizens of London have the Shrie-
valty of London and Middlefex in Fee, by Charter;
and two Sheriffs are annually elected by them, for
whom they are to be anfwerable: If one of theſe
Sheriffs dies, the other cannot at till another is
made, and there must be two Sheriffs of London,
which is a City and County, though they make buri
one Sheriff of the County of Middlefex: They are
feveral as to Plaints, in their respective Courts.
3 Rep.
SH
SH
!
L
:
(the Sheriff entering may proceed and break open in-
ner Doors. 5 Rep. 91. Palm. 53. A Sheriff may not
break a Houfe, nor pull the Latch and open the
Door, if it be fhut, to execute a Writ; and yet if
he fo do, and Arreft the Party, it is good: But the
Sheriff may be punished for the Abufe of his Autho-
rity. Hob. Upon an Arreft, his Officers are to
fhew at whofe Suit it is, and out of what Court the
Writ iffues, and for what Caufe, c. And if the
Sheriff do not make a Return of the Writs, or if he
imbezils them, or makes a falfe Return, the Sheriff
*
bring A&tion of the Cafe against the Sheriff; allo
Attachment may be had against him for undue
Practices in Arrefts, 5 Rep. 64. 9 Rep. 168.
10 Rep. 70. Cro. Eliz. 75. 2 Hawk. 142. Befides
their minifterial Office to execute the Procefs of the
King's Courts, Sheriffs are to return Juries for Tri-
als in civil and criminal Caufes; but where there
is Caufe of Challenge against the Sheriff, the Coro-
ners are to return Juries; though if there be two
Sheriffs, and one of them is challenged, the Venire
fhall go to the other. 23 Hen. 6. Show. 329. They
are to proclaim Statutes; and make Returns of
Writs for electing Knights of the Shire, &c. and
they fhall preferve the Rights of the King within
their Counties; collect his Rents, feife Profits of
Lands forfeited and Goods of Felons, levy the
King's Debts, Fines, Amercements, &c. and be ac-
their Counties; for which they are to give up
their Accounts in the Exchequer, &c. And they
are to fee that Criminals be executed, and obferve
the Order of Law in putting them to Death. 10 Ed.
3 Rep. 12. Show. Rep. 289. A Sheriff at the En
trance into his Sherifalty, is to go to the Remem
brancer's Office in the Exchequer, and there enter
into a Recognizance with Sureties, with Condition
for Payment of his Proffers or Accounts: Then his
Attorney, c. will write him a Note, fignifying
that he is chofe Sheriff of fuch a County, and hath
entered into Recognizance; which he muft deliver
to one of the fix Clerks in Chancery, to make his
Patent by; with the Writ of Affiftance, and Writ
of Difcharge to his Predeceffor And in the next
Place the new Sheriff is to go to a Mafter of the may be amerced by the Court, or the Party may
Chancery, if he be in London; or if in the Country,
to one of the Judges of Affife, or before two Juftices
of the Peace of the County, Commiffioned for that
Purpoſe, or any other Commiffioners, and take the
Oaths of Supremacy, &c. and alfo an Oath for the
due Execution of his Office. Dalt. Sher. 291. When
a Sheriff is chofen, the old Sheriff continues Sheriff
of the County till the new one is fworn, which
compleats him in his Office: The new Sheriff being
elected and fworn, is to deliver the Writ of Dif
charge to the old Sheriff, who must deliver over all
the Prisoners in the Gaol, with all the Writs, &c.
by Indenture to the new Sheriff; and until that is
done, the Prifoners remain in the Cuftody of the
the old Sheriff: But the Office of the old Sheriff
ceafes, and is at the End, when the writ of Dif
charge comes to him. Wood's Inft. 70. Poph. 85. A
Perfon in Execution in the Cuftody of the old She-countable to the King for the Iffues and Profits of
riff, not being turned over to the new Sheriff, if he
efcapes, the old Sheriff, and not the new one, is
chargeable: Though where a Sheriff dies in his
Office, if any Prifoners eſcape before another is
fworn, this is no Eſcape against the Sheriff; the Pri-1. Doct. & Stud. Dial. 2. ch. 41. The Sheriff hath
foners on the Sheriff's Death are all in Cuftodia Legis under him an Under-Sheriff Bailiffs, Gaoler, &c.
till there is a new Sheriff; and in thefe Cafes when for he hath the Cuftody, Rule, and Charge of
the new Sheriff is fworn into his Office, he must take common Gaols; and for all theſe he is anſwerable:
Notice of all Perfons in Execution, c. as there is But he may execute his Office himſelf, without an
none to make a Delivery of them. 3 Rep. 72, 73. Under-Sheriff, if he pleafes. 4 Inft. 114. The Un-
A Sheriff out of his Office may not be fined for any der-Sheriff is to take the Oaths before he enters `on
Miſdemeanor whilft Sheriff; but the Court may fend his Office; and then his Power is generally the fame
a Tipſtaff for him, or iffue forth Process of Diftrin- with that of the High Sheriff, he acting in his Stead;
gas nuper vic. to make him appear and anfwer, &c. though all Returns of Writs by the Under-Sheriff
2 Lill. Abr. 510. The Sheriff hath a judicial and are in the Name of the High Sheriff, and the High
minifterial Power: His judicial Authority confifts in Sheriff only is fworn to execute the Office of Sheriff,
Hearing, Trying, and Determining Caufes in his and therefore he muft answer for all. 27 Eliz. c. 12.
Tourn and County Court; and in preferving the Peace Wood's Inft. 73. And in fome particular Cafes the
of the County; for by the Common Law, he is the High Sheriff is to execute his Office in Perfon; as
principal Confervator of the Peace there; and he is on a Writ of Partition, Wafte, Rediffeifin, &c. where
to affift the Juftices and raife the Poffe Comitatus to the Sheriff is commanded to go himself in his own
keep the Peace, &c. He may imprifon any one Perfon. Dalt. Sher. 514. But fee Star. 8 & 9 W. 3.
for a Breach of the Peace, or making an Affray An Under-Sheriff is removcable by the High Sheriff
in his Prefence; and fuch Perfons as he fhall ap-ar Pleaſure; and is but in the Nature of a general
prehend upon Sufpicion of Felony, on a Hue and Bailiff Errant to the Sheriff in the whole County,
Cry, he is to commit to Gaol. But of his own Au- as other Bailiffs are over particular Diftri&ts. 2 Lill.
thority, he shall not Arreft any Man on Sufpicion Abr. 511, 512. He ought always to have his De-
of Felony; except there be a Felony actually done, puty attendant in Courts, to receive and execute
and he himself have a Sufpicion of the Party, &c. their Commands, give Account of Bufinefs, &c.
And the judicial Authority of the Sheriff as Confer- and is to file a Warrant of Attorney for his High
vator of the Peace, is feldom ufed; being common- Sheriff in all the Courts at Westminster, by an Actor-
ly executed by the Juftices of Peace. 1 Inft. 174 ney of each Court, or Action will lie upon the
2 Inft. 193. 2 Roll. 237. The minifterial Power of Statute Hen. 6. againſt the High Sheriff. 2 Lill. 51.1.
a Sheriff confifteth in the Execution of Writs and An Under-Sheriff may be made by Parol: And in
Proceffes out of the King's Courts; and no Procefs making the Under-Sheriff, the High-Sheriff implicitly
is to be ſerved but by the Sheriff, wherein he ought gives him Power. to execute all the ordinary Offi
not to difpute the Validity of any Writ, but to ex-ces of Sheriff; fuch as ferving Procefs, Executions,
ecute it. Inft. 168. 2 Inft. 452.5 Rep. 64. He. And as the common Offices of the Sheriff, are
fhall not let a Perfon eſcape, though taken on an by Law transferred to the Under-Sheriff; if he be
erroneous Process. Cro. Fac. 3. 289. In Cafes which made, provided he ſhall not ferve any Writ of
concern the King, or where the King is Party, and Execution for above 40% this is repugnant and
in criminal Caufes, the Sheriff's Officers may break void. Hob. 13. For although a Sheriff may chufe
open a Door to execute the Procefs, (after Demand not to make an Under-Sheriff, or may appoint him
to open it, fignifying the Caufe of coming, and Re-at Will, &c. Yet he cannot abridge his Power;
fufal) though not in a Civil Caufe at the Suit of the no more than the King can that of himſelf. Ibid.
Subject; unless when an Execution, &c. is once Upon every Default in the Execution of his Office,
lawfully begun, as where the Out-doors are open, be it by Neglect or Fraud, the High Sheriff fhall
ST
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!
be
:
SH
SH
:
•
•
be amerced in the Exchequer; but he may not be and to obtain his Liberty without fatisfying the
imprisoned or indicted, for the Act of his Under-Plaintiff in that Action; and to this Plea the Sheriff
Sheriff. Latch 181. Sheriffs are not to take any demurred; and it was held, that the Plea was good,
Money or Reward for the Places of Under-Sheriff, without pleading the Stature 23 Hen. 6. because it is
Gaoler, Bailiffs, &c. under Penalties. Stat. 5 Ed. a general Law, of which the Court muft take No-
6. cap. 16. 3 Geo. I. c. 15. And by Statutes, every tice; but if it was not, the Bond is void at Common
Sheriff fhall abide in proper Perfon within his Bai- Law. z. Lev. 103. 3 Nelf. Abr. 224. A Defendant
liwick; and a Sheriff fhall not let his Bailiwick to was taken upon an Attachment for a Contempt, and
Farm. 4 Hen. 4. cap. 4. Sheriffs must have fufficient the Sheriff took a Bail Bond in 40% for his Appear-
Lands, to answer the King and his People; and ance, but he did not appear; whereupon the Sheriff
fhall not continue in their Offices above one Year, was amerced, and the Profecutor refuſed to accept
on Pain of 2004 which alſo extends to Under-She- an Affignment of the Bail-Bond; and refolved that
riffs; but they may act longer in other Men's he might refufe it, and proceed against the Sheriff;
Names; and the Under-Sheriffs of London are ex- and if the Bond was fufficient, the Sheriff might put
cepted. 4 Ed. 3. cap. 9. 14 Ed. 3. cap. 7 23 Hen: 6. it in Suit, and reimburſe himfelf. 2 Salk. 608. Up-
cap. 8. No Sheriff is to act as a Juftice of Peace, on a Fieri facias the Sheriff took a Bond to pay the
during his Shrievalty: And no Under-Sheriff fhall Money in Court at the Return of the Writ; and
be Attorney in any of the King's Courts, fo long as this was adjudged good; for the Statute extends on-
he bears the Office; though fuch as are Attorniés, ly to fuch Bonds which are made when the Defen-
may practice in the Name of others. 1 M. cap. 28. dant is in Cuſtody; and here he was not. 10 Rep. 99.
1 Hen. 5. cap. 4. They are to let Perfons to Bail 3 Nelf. 223. Payment to the Sheriff upon a Fi. fa
upon reaſonable Sureties; and take but 20 d. for is a good Plea by him, by reaſon he hath Authority
an Arreft, and the Bailiff 4 d., and they fhall take to levy the Debt: Payment on a Capias ad fatisfac.
no Bond of Perfons arrefted but for Appearance, is not, becauſe he is only to detain the Body. 2 Lev.
c. under the Penalty of 401. 23 H. 6. cap. 8. 203. If two Writs of Execution are brought to the
And no Sheriff, Under Sheriff, &c. fhall make our Sheriff in one and the fame Day; on the firſt where-
any Warrant before they have in their Cuftody the of no Warrant is made out, but is on the laſt which
Writs upon which fuch Warrants ought to iffue, on is firft executed, it fhall take Place of the Firſt.
the Penalty of 101. 6 Geo. I. c. 21. The Fees of Lill. Abr. 516. But according to Salkeld, the Sheriff
Sheriffs are afcertained, not to be above is. in the hall aufwer it to the Party which brought the first
Pound, where under 100l. nor more than 6 d. in Writ. 1 Salk. 330. When two contradictory Writs
the Pound if above, for levying an Extent or Exe are delivered to the Sheriff in a Caufe, one at the
cution. But for all Debrs, &c. (except Poft-Fines Common Law, and the other out of Chancery; in
due to the King) leviable by Fieri facias, &c. iffuing this Cafe the Sheriff ought to execute the Writ at
out of the Exchequer, 1 s. 6 d. in the Pound, when Common Law. Jenk. Cent. 65 Where a Superfedeas
the Sum is under 100l. and 1s. if above that Suny: comes to a Sheriff, before he hath feiled Goods in
And I s. per Pound of the yearly Value of Lands, Execution, he fhall ftop; but after he hath feifed,
for executing a Writ of Habere facias Poffeffionem, he may go on and fell the Goods. Cro. Eliz. 597. A
&c. where the Whole exceeds not 100l. per Annum, Sheriff is to take Goods in Execution, and fell them
and 6 d. in the Pound where above; in Pain of tre in convenient Time; tho' he may not be amerced
ble Damages to the Party grieved, and large Pe- for not felling them; But if a Diftringas upon his
nalties taking more. 29 Eliz cap. 4. 3 Geo. 1. c. 15. Return go against him to the Coroners, if he con-
It has been adjudged, that the Statute 29 Eliz. ne-tinues Sheriff and don't fell between the Tefte and
ver intended theſe Fees for executing Judgments Return of the Diftringas, he fhall forfeit Iffues:
in inferior Courts, only in the Courts at Westmin And after Goods are once feiled, no Writ of Error
fter. 5 Mod. 97. At Common Law, Sheriffs, &c. were or Superfedeas fhall ftay the Sale. Mod. Caf. 300. If
bound to indorfe their Names of Office only to Re a Sheriff levies Money on a Fieri facias, and dies,
turns of Writs, &c. but by Statute they are re- Action may be brought againſt his Executor for the
quired to indorfe their Names, as well as Name of Money; but 'tis otherwife where the Sheriff is
Office. Moor 578. A Sheriff may take an Appear-chargeable in his Life for a Perfonal Tort; there
ance Bond, with one or more Sureties, or let the Actio moritur cum Perfona. Cro. Car. 539. And the
Defendant go without Sureties; for the Bond is on- Sheriff feiling Goods in fuch a Cafe, is anfwerable
ly for the Sheriff's Indemnity. Cro. Eliz. 808. And for the Value he hath returned; and the Defendant
if a Sheriff take a Bail Bond of two good Men of is diſcharged. 3 Ann. B. R. Abr. 236. He may bring
vifible Eftates at the Time of taking it, and they Trover or Trefpafs, &c. for taking his Goods levied
afterwards become infolvent, the Sheriff fhall be in Execution. 1 Lev. 280. An Under-Sheriff pro-
excuſed; becauſe he is obliged to let to Bail on curing Goods taken in Execution to be appraiſed at
good Security; and if the Sheriff refufe to take an Under-value, and delivering them to the Plain-
good Bail, Action lies against him. 2 Lill. Abr. 511.tiff accordingly; for this Oppreffion, Indictment
Sid. 22. Cro. Eliz. 76. The Sheriff being obliged to will lie. Cro. Fac. 426. The Sheriff may have Action.
let a Defendant to Bail, and to return a Cepi, no Ac-of Debt for his Fees; tho' the Statute doth not
tion lies against him for not having the Body at the give any Remedy, but only faith, that he fhall
Day; and the Return of paratum habeo, Sc. is in have and receive Twelve-pence per Pound, on Exe-
Effect no more than that he had the Body to bring cutions, c. 3 Nelf. Abr. 229. And a Sheriff fhall
in when the Court fhould command him fo to do, take a Fee upon a Ca. fa. for his Trouble in the Ex-
and he is to be amerced till he doth it. 1 Mod. 239. ecution, though it be not an Execution with Satif-
A Plaintiff may direct the Officer to take a Bond of faction; and fo for a fecond Execution. Skinn. 363.
the Defendant in his the Plaintiff's Name, to give Upon an Extent of a Statute, and before the Libe
Security for the Payment of his Debt, or render rate executed, the Sheriff took a Bond with'a Penalty
his Body to Prifon, c. but the Sheriff cannot take for the Payment of his Fees; and it was held, that
a Bond in another Man's Name, to elude the Sta- he ought not before a compleat Execution, and that
tute. 2 Mod. 304. A Bond with a Condition, that the taking this Bond was Extortion. Winch 21, 50.
a Man fhall continue a true Prifoner, till he is law- And a Sheriff refufing to execute a Capias ad fatisfac.
fully diſcharged, is good. I Sand. 161. But in Ac-till he had his Fees: On Motion against him to at
tion of Debron a Sheriff's Bond, conditioned that tend, it was ruled, that the Plaintiff might bring
the Defendant fhould be a true Prifoner; the De-an Action against him for not doing his Duty, or pay
fendant pleaded that he was in Execution for Debt, him the Fees, and indict him for Extortion. 1 Salk
and that the Bond was given for Eafe and Favour, 330. A Sheriff cannot detain in his own Hands his
1
5
Fees
SH
SH
Fees upon levying of Goods on a Fi. fac. but ought in my Office, for the Honour of the King, and the Good of
to bring his Action for them. 2 Lill 575. The She-bis Subjects, and difcharge the fame according to the best
riff took twenty Shillings for making a Warrant upon of my Skill and Power:
a Capias utlagatum before Judgment, for which he
ought to take no Fee, it being at the Suit of the
:
+
A Sheriff's Authority determines by the Death of
King, and therefore he was committed; but on fuch the King; but in fuch Cafe, new Patents are pre-
a Capias after Judgment, he may take twenty Shil-fently iffued out by the Succeffor, 3 Rep. 72. And
lings and Four-pence, which is given by Statute. on the Deaths of Sheriffs, their Under Sheriffs are to
2 Brownl. 283. Sheriffs are to have Allowance for act in their Names and be anfwerable, &c. till
executing the King's Writs, levying Eftreats, Ex-others are appointed, by the Stat. 3 Geo. I. If a
pences at the Affifes, and the like; not exceeding Sheriff chofen for the City of London; by the Lord
a certain Sum, by Stat. 34 H. 8. cap. 16. But this Mayor, &c. refuſe to take upon him the Office,
was afterwards repealed; and where Sheriffs have by a By-Law of the City, he fhall pay 400l. Fine
no Tallies of Reward, they shall be allowed Expences and if not paid in three Months 100% more, unless
on Petition. 2 & 3 Ed. 6. c. 4. A Quietus fhall be he make Oath he is not, worth 10,000l. 5 Mod. Rep.
a fufficient Difcharge for a Sheriff, his Heirs, Exe-438. A Subject cannot be exempted from the Office
cutors, &c. 21 Fac. 1. c. 3. No Sheriff at Affife- of Sheriff, but by A&t of Parliament, or Grant from
Time is to keep a Table for the Entertainment of the King. 3 Salk. 134. See Eſcape, Execution, Fieri
any but thoſe of his own Retinue, or make any Pre- facias, &c.
fent to a Judge; or have above forty Servants with
Liveries, or under Twenty, attending him at the
Affifes, &c. fo as not to extend to the Sheriffs of
London and Middlefex. 13 14 Car. 2. cap. 21. and
this A&t is made perpetual by 1 Fac. 2. cap. 17.
Sheriff's Accounts are not to be delayed in the Ex-
chequer; and 4000 yearly is to be fer apart at
the Exchequer, and allowed the Sheriffs of the feve-
ral Counties of England, to help pass their Accounts;
alfo the Fees to be paid by Sheriffs on paffing their
Accounts are appointed, &c. Geo. I. c. 16. The
particular Form of the Oath of Sheriffs, is ordained
by this Statute, and is as follows, viz.
I
The Sheriff's Oath, enjoining his Duty by Statutė.
1
Sheriffatty, (Vicecomitatus) Is the Sheriff-fhip, or
Time of a Man's being Sheriff. 14 Car. 1. c. 21.
Sheriffwick, The Extent of a Sheriff's Autho-
rity. 13 Eliz. c. 22.
Sheriff-geld, A Rent formerly paid by the
Sheriff; and it is prayed that the Sheriff in his Ac-
count may be diſcharged thereof. Rot. Parl. 50
Ed. 3.
-
;
Sheriff tooth, Seems to be a Tenure by the Ser-
vice of providing Entertainment for the Sheriff at
his County Courts. Rot. Plac. in Itin. apud Ceftr. 14
Hen. 7. In Derbyshire the King's Bailiffs anciently
took 6d of every Bovate of Land, in the Name of
Sheriff Tooth. Ryl. Plac. Parl. 653. And it is faid to
be a common Tax levied for the Sheriff's Diet.
Shewing, (Monftratio) Is fpecially used to be quit
of Attachment in a Court, in Plaints fhewed and not
avowed. Shep. Epitom. 1130. Vide Monftrans.
Shield, (Scutum) An Inftrument of Defence;
(from the Sax. Scyldan) to cover, or the Greck σzúre
a Skin, anciently Shields being made with Skins.
Shilwite, Eft emenda pro Tranfgreffione facta in Na-
tivam, eam impregnando. Monaft. Rading. MS.
Ship-Money, Was an Impofition charged upon
the Ports, Towns, Cities, Boroughs and Counties
of this Realm, in the Time of King Char. 1. by
Writs commonly called Ship-writs, under the Great
Seal of England, in the Years 1635 and 1636. for
the Providing and Furniſhing certain Ships for the
King's Service, &c. which was declared to be
contrary to the Laws and Statutes of this Realm,
the Petition of Right, and Liberty of the Subject, by
Stat. 17 Car. 1. cap. 14.
A. B. do fwear, That I will well and truly ferve the
King's Majefly, in the Office of Sheriff of the County
of, &c. and promote his Majesty's Profit in all Things
that belong to my Office, as far as I legally can or may;
and I will truly preferve the King's Rights, and all that
belong to the Crown, and will not affent to decreafe, leffen, Shilling, (Sax. Scilling, Lat. Solidus) Among the
or conceal the King's Rights, or the Rights of his Fran- English Saxons paffed but for 5 d. afterwards it con-
chifes; and whenfoever I shall have Knowledge that the tained 16 d. and often 20 d. In the Reign of King
Rights of the Crown are concealed or withdrawn, be it in Will. 1. called the Conqueror, a Shilling was of the
Lands, Rents, Franchiſes, Suits or Services, or in any o-fame Value as at this Day. Leg. H. 1. Domeſd.
ther Matter or Thing, I will do my utmost to cauſe them
to be restored to the Crown; and if I may not do it myself,
I will certify and inform the King thereof, or fome of his
Fudges; I will not refpite or delay to levy the King's Debts
for any Gift, Promife, Reward, or Favour, where I may
raife the fame without great Grievance to the Debtors; I
will do Right, as well to Poor as to Rich, in all Things
belonging to my Office; I will do no Wrong to any Man
for any Gift, Reward or Promife, nor for Favour or Ha-
tred;
I will difturb no Man's Right, and will truly and
faithfully acquit at the Exchequer all thofe of whom I
receive any Debts or Duties belonging to the Crown; I will
take nothing whereby the King may lofe, or whereby his
Right may be disturbed, injured, or delayed; I will truly
Serve and truly return all the King's Writs, according to
the best of my Skill and Knowledge; I will take no Bai-
liffs into my Service, but fuch as I will answer for, and
will caufe each of them to take fuch Oaths as I my felf
do, in what belongs to their Business and Occupation; I
will truly ſet and return reaſonable and due Iffues of them
that be within my Bailiwick, according to their Eftates
and Circumftances, and make due Panels on Furies of
Perfons able and fufficient, and not suspected, or procured,
as is appointed by the Statutes of this Realm; I have not
fold or let to Farm, nor contracted for, nor have I granted
or promiſed for Reward or Benefit, nor will I fell or let to
Farm, or contract for, or grant for Reward or Benefit by
my felf, or any other Perfon for me, or for my Ufe, di-
rectly or indirectly, my Sheriffwick, or any Bailiwick
thereof, or any Office belonging thereunto, or the Profits
of the fame, to any Perfon or Perfons whatsoever; I will
truly and diligently execute the Laws and Statutes of this
Realm; and in all Things well and truly behave my felf
Shipper, Is a Dutch Word fignifying the Mafter
of a Ship, mentioned in the Stat. 1 Fac. 1. cap. 3.
We use it for any common Seaman; and commonly
fay Skipper.
Ships and Shipping. None of the King's Sub-
jects are to export and import Merchandiſe in any
Ships but English, on Pain of Forfeiture. 5 R. 2. c. 3.
But Merchants had Power to hire other Ships, by
6 R. 2. cap. 8. and 4 H. 7. cap. 10. Goods imported
or exported out of or to any Territories belonging
to England in Afia, Africa or America, fhall be in
Ships belonging to the English, and the Mafter and
three Fourths of the Mariners to be alfo English,
upon Pain to lofe fuch Goods and the Veffel, &c.
12 Car. 2. c. 18. A Duty of 53. per Ton is granted
on foreign-built Ships, one Moiety for the Cheft at
Chatham, and the other for Greenwich Hoſpital, to
relieve decayed Seamen. 1 Fac. 2. c. 18. Ships built
of three Decks, containing 450 Tons, and mounted
with thirty-two Pieces of Ordnance, for the three
first Voyages the Owners fhall receive a tenth Part
of
S.H
SI
}
r
•
ling, the Fells flead off after they die or are killed:
In fome Parts of England, they understand by a
Shorling, a Sheep whofe Fleece is fhorn off; and
by a Morling, a Sheep that dies. Stat. 3 Ed. 4. c. I.
See Morling.
裔
​of the Tonnage and Poundage Duties, payable for
Merchandifes imported or exported in fuch Ships.
Stat. 5 & 6 W. & M. c. 24. During the War with
France, any Ships might be navigated by foreign
Seamen; and Foreigners ferving on Board any
Shortford. The ancient Cuſtom of the City of
English Ship for two Years, were to be deemed na-
tural-born Subjects, &c. 3 & 4 Ann. cap. 13. If Exeter is, when the Lord of the Fee cannot be an-
any Captain, Mafter or Mariner belonging to any fwered Rent due to him out of his Tenement, and
Ship, fhall wilfully deftroy the Ship, or procure the no. Diftrefs can be levied for the fame, the Lord
fame to be done, they fhall fuffer as Felons, with- is to come to the Tenement, and there take a Stone.
out Benefit of Clergy. 1 Ann. c. 9. 4 Geo. 1. c. 12. or fome other dead Thing of the faid Tenement,
And if any fuch Offence be committed within the and bring it before the Mayor and Bailiffs, and
Body of any County, the Offenders fhall be tried in thus he muft do feven Quarter-Days fucceffively;
the fame Courts as other Felons; and if on the and if on the feventh Quarter-Day, the Lord is
High Seas, before fuch Court as is directed by the not fatisfied his Rent and Arrears, then the Te-
Stat. 28 Hen. S. for trying of Pirates. Stat. 11 Geo. 1.nement fhall be adjudged to the Lord to hold the
c. 29. Merchant Ships in the River Thames, are fame a Year and a Day; and forthwith Proclama-
not to have their Guns loaded with Shot, or fired tion is to be made in the Court, That if any Man
after Sun-fet, &c. Nor fhall Pitch, or other com- claims any Title to the faid Tenement, he must
bustible Matter, be melted by Fire in any Ship, on appear within the Year and Day next following, and
Pain of 51. Stat. 5 Geo. 2. c. 20. No Owner of a fatisfy the Lord of the faid Rent and Arrears: But
Ship fhall be liable to anfwer Lofs, by reafon of the if no Appearance be made, and the Rent not paid,
imbezilling any Gold, Silver, Jewels, &c. taken in the Lord comes again to the Court, and prays that,
or put on Board, or for any Forfeiture incurred, according to the Cuftom, the faid Tenement be
without the Privity or Knowledge of fuch Owner, adjudged to him in his Demefne as of Fee, which
further than the Value of the Ship and Freight due: is done accordingly; fo as the Lord bath from
But other Reniedies againſt the Maſter and Seamen thenceforth the faid Tenement with the Appurte
of fuch Ships, are not taken away. 7 Geo. 2. c. 15. nances to him and his Heirs: And this Cuftom is
As a Mafter or Owners of a Ship may have an Ac-called Shortford; being as much as in French to fore-
tion for the Freight; either the one or the other are clofe. Izack's Antiq. Exet. 48.
anfwerable, where Goods are damaged in the Ship.
But where there are feveral Owners, and one dif-
agrees to the Voyage, he ſhall not be liable to any
Action after for a Mifcarriage, &c. Comberb. 116.
Ships Ballast in the Thames, how raiſed and at what
Prices to be delivered, &c. vide 6 Geo. 2. cap. 29.
Ships of War, fee Navy.
Shire, (Comitatus, from the Sax. Scyre, to part or
divide) Is well known to be a Part or Portion of
this Kingdom, called alfo County: The old Latin
Word was Scyra; and Scyre, Provincia indicabantur.
Brompt. 956. King Alfred firft divided this Land;
and his Diviſion was in Satrapias, which we now call
Shires, in Centurias, now called Hundreds, and De-
cenias, which we call Tithings. Leg. Alfred.
Shire-Clerk, He that keeps the County-Court;
and his Office is fo incident to that of the Sheriff,
that the King cannot grant it away. 4 Rep.
Shireman, Was antiently the Judge of the Shire,
by whom Trials for Land, &c. were determined.
Lamb. Peramb. 442.
Shiremote, An Affembly of the County or Shire
at the Affifes, &c. See Scyregemot.
**
甲
​-
Shrived or Shieved, (From Sax. Scrifan) A
penitent Perfon confeſſed by a Prieft. See Confeffor.
Si tion', &c. Is the Conclufion of a Plea to
the Action, when the Defendant demands Judgment
if the Plaintiff ought to have his Action, &c.
Sib and Som, (Sax.) i. e. Pax & Concordia.
Spelm.
Sica, Sicha, A Ditch from the Sax. Sic, La-
cuna. Mon. Ang, Tom. 2. p. 130.
Sich, (Sichetum and Sikettus) Is a little Current
of Water, which is dry in the Summer; a Water
Furrow or Gutter. Mon. Ang. Tom. 2. p. 426.
Siclus, Was a Sort of Money current among the
old English, of the Value of 2 d. We read of it in
Egbert, in Dialogo de Ecclefiaftica inftitutione, pag. 98.
Sicut alias, Another Writ like the former; It
runs Precipimus tibi Sicut alias præcipim³, &c. 4 Co.
Rep. 55. See Alias.
Sidelings, Are Meers betwixt or on the Sides of
Ridges of arable Land. Mon. Ang. Tom. 2. p. 275.
Sidesmen, Rectius Synodfmen, is uſed for thofe
Perfons or Officers that are yearly chofen in great
Pariſhes in London and other Cities, according to
Shoemakers, Are to make their Shoes of fufficient Custom, to affift the Churchwardens in their Pre-
Leather, or forfeit 3. s. 4 d. 1 Fac. 1. c. 22. Jour-fentments of fuch Offenders and Offences to the
neymen Shoemakers, imbezilling Leather, fhall make Ordinary, as are punishable in the Spiritual Courts;
Satisfaction for Damage, or be ordered by Juftices And they are alfo called Queftmen. They take an
to be whipp'd, &c. Alfo Perfons buying or receiv-Oath for doing their Duty; and are to prefent Per-
ing fuch Leather are to make reasonable Recom. fons that do not refort to Church on Sundays, and
pence, to be levied by Diftrefs, &c. and Search is there continue during the whole Time of Divine
to be made after the fame. 9 Geo. 1. cap. 27. And Service, &c. Can. 90. They fhall not be cited by
all Journeymen employ'd in making Boots, Shoes, the Ordinary to appear but at ufual Times, unlefs
Slippers, or Gloves, &c. that neglect their Bufinefs, they have wilfully omitted for Favour, to make
by working for any other Malter, before they have Prefentment of notorious publick Crimes, &c. when
done the Work firft undertaken, may be committed they may be proceeded against for Breach of Oath,
to the Houfe of Correction for a Month, by 13 Geo. as for Perjury. Canon 1.17. Vide Synodales Teftes.
Sigillum, A Seal for the Sealing of Deeds and
Charters, &c. See Seal.
2. c. S. Vide Leather.
Shop, (Shopa) A Place where any Thing is open-
ly fold.
Johannem H. dediff. Rogero Smith
unam Shopam cum pertin. in, &c. fituat. in le Market-
place, &c. Dat. 27 Feb. 9 Edw. 4.
Shoplifters, Are thofe that fteal Goods private
ly out of Shops; which being to the Value of 5s.
tho no Perfon be in the Shop, is Felony excluded
Clergy, by the 10 & 11 W. 3. cap. 23.
•
•
Sigla, (From the Sax. Segel) A Sail, mentioned
in the Laws of King Ethelred, cap. 24.
Sign Manual, Is where any Bill or Writing is
figned under the Hand of the King, and ufually in
Order to the Paffing of the King's Grants, &c.
through the Offices of the Keepers of the Seals.
Signet, (Fr.) Is one of the King's Seals, ufed in
Sholing and moiling, Are Words to diftinguifh fealing his private Letters, and all fuch Grants as
Fells of Sheep; Shorling being the Fells after the pafs his Majefty's Hand by Bill figned; which Seal
Fleeces are horn off the Sheep's Back; and Mor-is always in the Cuftody of the King's Secretaries,
and
I
SI
SI
1
!
•
and there are four Clerks of the Signet Office at
tending them. 2 Inft. 556. The Law takes Notice
of the Sign Manual and Privy Signet; and it is faid
a Ne Exeat Regno may be iffued by Commandment
under the Privy Signet, as well as by the King's
Writ under the Great Seal. Wood's Inft. 457. See
Privy Seal
which has been added, the making of Prefents,
without taking any Notice of expecting a Benefice.
Against the fcandalous Corruption of Simony many
Church Canons have been made; particularly in the
Time of King Henry 2. a Provincial Canon was made
against it by the then Archbishop of Canterbury; and
among the Canons of Othobonus, Anno 53 H. 3. there is
Significavit, A Writ iffuing out of the Chancery, a fevere one on this Head: There are fome other
upon a Certificate given by the Ordinary of a Man's general Canons of the Church, requiring an Oath
tanding Excommunicate by the Space of forty Days, to be adminiftred to Clergymen against Simony; and
for the laying him up in Prifon till he fubmit him-whereby Simony is puniſhed with Deprivation, Diſ-
felf to the Authority of the Church: And it is fo ability, &c. as was that of Dr. Watson, Bishop of
called, becauſe Significavit is an emphatical Word St. Davids, for prefenting a Perfon to a Rectory in
in the Writ. Reg. Orig. There is alſo another Writ his Diocefe for Money; and taking feveral Sums
of this Name in the Regifter, directed to the Juftices from Perfons to admit them into Orders, c. This
of the Beach, commanding them to ftay any Suit de-Crime of Simony is faid to be worfe than Felony;
pending between fuch and fuch Parties, by reafon and the Abhorrence of the Law to it feems to have
of an Excommunication alledged against the Plain- arifen from the Canons that had been made against
tiff, &c. Reg. Orig. 7. And in Fitzherbert we find it; for it was not an Offence at Common Law. Moor
Writs of Significavit in other Cafes; as Significavit 564. And it has been held by fome of the Fathers
pro Corporis Deliberatione, &c. F. N. B. 62, 66. Stat. to be Herefy, if not the Sin of the Holy Ghost:
2223 Car. 2. The common Writ of Significavit is But neither the Greatness of the Offence, nor the
the fame with the Writ De Excommunicato Capiendo. Severity of the Canons (as has been obſerved) were
Signing of Deeds and Wills is neceffary to make fufficient to reftrain this Evil in the Church; till
them binding; the Signing a Will by the Teftator is the Parliament took it into their Care, and Anno
an effential Circumftance, without which 'tis not a 31 Eliz. enacted the following Law, viz. That if any
Will; for this is exprefly required by the Stat. 29 Perfon for any Sum of Money, Reward, Gift, Pro-
Car. 2. c. 3.
fit, or Benefit, or by Reafon of any Proniife, A,
greement, Grant, Bond, Covenant, or other Affu-
rance for any Sum of Money, Reward, Gift, &c.
fhall preſent or collate any Perfon to any. Benefice
with Cure, Dignity, or Living Ecclefiaftical; or
give or beftow the fame in Refpect of any fuch cor-
rupt Caufe or Confideration, every fuch Prefenta-
Silentarius, Signifies one of the Privy Council; tion, Collation, Gift, and Beftowing, and every
and Silentium was formerly taken for Conventus pri- Admiffion and Induction thereupon, shall be ut-
vatus. Matt. Parif. Anno 1171. According to Little-terly void; and the Crown fhall prefent for that
ton, it is an Ufher, who feeth good Rule and Silence
kept in Court. Litt. Dift.
Signum, A Crofs prefixed as a Sign of Affent
and Approbation to a Charter or Deed, uſed by the
Saxons. Vide Seal.
Signs. The Citizens of London are to hang out
Signs at their Houfes, for the better finding out
their reſpective Dwellings, &c. Chart. K. Char. 1.
•
Turn: And the Perfons that fhall give or take any
Sum of Money, or fhall take or make any fuch Pro-
Silk-thrower, and Throwfter, Is a Trade or mife, &c. fhall forfeit and lofe double the Value of
Myftery that winds, twifts, and fpins or throws Silk, one Year's Profit of every fuch Benefice; and the
thereby fitting it for Ufe: They are incorporated Perfon fo corruptly taking any fuch Benefice, fhall
by Stature, and Mention is made of Silk-winders and from thenceforth be difabled to have and enjoy the
Doublers, which are Members of the fame Trade.fame. Stat. 31 Eliz. c. 6. 1 Inft. 120. Generally any
14 Car. 2. c. 15. None fhall exercife the Silk- Covenant or Agreement, made under any manner
throwers Trade, but fuch as have ferved feven Years of Confideration whatsoever, to prefent a Clerk is
Apprenticeship to it, on Pain of forfeiting 40 s. afimoniacal: If one promiſe to a Clerk, that in Con
Month. Stat. Ibid. Silk-winders, &c. imbezilling fideration he will marry his Daughter, Kinfwoman,
or detaining Silk, delivered by Silk throwers, fhall. he will prefent him to fuch a Living when void,
pay fuch Damage as a Juftice fhall order, or not or the next good Living that fhall fall within his
doing it fhall be whipt and fet in the Stocks; and Gift, this has been adjudg'd a fimoniacal Contract:
the Receivers are to be committed to Prifon by a But if a Father, upon the Marriage of his Daugh-
Juftice of Peace till Satisfaction is made the Partyter, covenants to pay a Portion, &c. and there is a
injured. 20 Car. 2. c. 6. 8 & 9 W. 3. c. 36. Fine diftin&t Covenant that he will procure the Son in-
thrown Silk of the Growth of Italy may be imported: Law to be admitted to fuch a Benefice upon the
And there are feveral Allowances paid for Export-next Avoidance, it fhall not be intended to be fimo-
ing Silk Manufactures of Great Britain. 2 W. & M.
6. 9. 1 Ann. c. 27. 8 Geo. I. 11 Geo. I. c. 29. For
preventing Frauds in mixing Silks with Stuffs, to
be exported, &c. fee Stat. 9 Geo. I. c. 8. and 8 Geo.
2. c. 18.
Silva Cædua, Wood under twenty Years Growth,
or Coppice Wood. 45 Ed. 3. c. 3.
Sinnel, (Siminellus, vel Simnellus) Is mentioned
in the Afife of Bread, and is ftill in Ufe, efpecially
in Lent: The English Simnel is Panis purior, or the
pureft white Bread. Stat. 51 H. 3.
niacal; becauſe the Covenant had no Dependance
upon the Marriage, being an intire Covenant by it-
felf, and not made in Confideration of Marriage; for
if it had, then it would have been Simony; and yet
'tis faid it may be made fo, by a ſpecial'Averment,
fhewing that it was fimoniacal. Cro. Car. 425. A Feme
Sole was feifed of an Advowſon, and the Church be-
coming void, the prefented a Parfon upon Condition
that he would marry her, which he did accordingly;
and this was held to be Simony, and that it made the
Preſentation void; for it was for her Benefit, which
Símony, (Simonia) Is a corrupt Contract for a is the very Word in the Statute: So if a Patron pre-
Prefentation to any Benefice of the Church, for fents one, on Condition that he ſhall be a Tutor to
Money, Gift, or Reward: It is defined to be, fu- his Son, though this is not properly a Gift or Re-
diofa voluntas emendi vel vendendi aliquid Spirituale aut ward. Noy 148. If a Patron take Bond of his Pre-
Spirituali annexum opere fubfecuto. ——— Alfo venditio rei fentee to pay a yearly Sum to the Wife of the laſt
Sacra; fo called from Simon Magus. And fome Au- Incumbent, for the Maintenance of her and her
thors mention Simony per munus triplex; as per munus Children; or pay a yearly Sum to the Son of the
à manu, i. e. by Bribery, where Money is paid down laft Incumbent, fo long as he fhall be a Student in
for a Benefice; per munus à lingua, by Favour and the Univerſity unpreferred, no Simony will be com-
Flattery; per munus ab obfequio, i. e. by a fordid Sub-mitted; and this is by an equitable Conftruction of
jection to the Patron, or doing him Services: To the Statute againft Simony: But if the Money were
|
8 U
to
SI
SI
·
1
;
to be paid to the Son of the Patron, it would be upon the Patron, by the Lofs of the Prefentation,
otherwife. Pafch, 2 Fac. 1. Noy 142. A Man may becauſe he was the Author of the Corruption; and
buy the next Turn of a Church, when the Church likewife upon the Incumbent, by the Lofs of his
is full of an Incumbent, who is well in Health, and Incumbency, becauſe he came in by fuch a corrupt
be no Simony: And if a Father doth purchase the Patron. 12 Rep. 101. And it is the corrupt Agrec-
next Avoidance of a Church for his Son, when the ment, by Colour of which the Clerk is inftituted
Incumbent is fick, with an Intent to prefent him af and inducted, which makes the Simony; and No-
ter the Death of the Incumbent, it is not Simony; tice in this Cafe is not material, becauſe of the
becauſe the Father is obliged by Nature to provide Difficulty of Proving it. 3 Lev. 337 Moor 914.
for the Son: And therefore it is, that tho' the Son Tho' the Forfeiture of double Value of the Church
may not contra& for a Benefice, to the Intent that is incurred by the corrupt Contract; the Prefenta-
another fhould prefent him; yet the Father maytion is not forfeited to the King, unless the Clerk
contract with an Intention of prefenting his Son.be de facto prefented or collated upon the fame.
3 Cro. 685. Contracts may be fimoniacal, as well before Count Parf. Compan. 175. The Clerk is difabled to
as after the Church is void, in fome Cafes; for not hold the Benefice made void by the Simony; and
withstanding it be lawful for any Perfon to buy the although he be neither Party nor privy to the
next Turn of a Church, when it is full, generally fimoniacal Contract, and obtain a new Preſentation
fpeaking, fuch Contracts have been fometimes ad-from the King, it hath been refolved, that he is
judged unlawful: As if a Perfon feifed of an Adrow-difabled during Life to hold that Living. Cro. Fac.
fon, grants the next Prefentation to another, who 385. But by my Lord Coke it was adjudged other-
enters into Bond to pay him a Sum of Money for wife, that the Clerk prefented, not being privy or
it, when the Church fhall become void, this is Si confenting to the corrupt Agreement, fhall not be
mony: And if a Church being full of an old fickly a diſabled Perfon; and though he lofes his Incum-
Incumbent, a Clerk doth contract with the Patron bency upon fuch a Preſentation, he may be pre-
of the Church for a certain Sum of Money, paya fented again to the fame Benefice. Cro. Fac. 385.
ble when the Church fhall be void, to make a Grant 12 Rep. 101. 3 Inft. 154. According to Just. Dod-
of the next Turn to a Friend of his; and the Friend deridge, a Simoniacus is the Perfon who makes the
having fuch Grant doth preſent the faid Clerk to the fimoniacal Contract, and he is incapable to hold that
faid Church, it is Simony. Hob. 105. In a Quare Im- Benefice to which he was thus promoted, or to have
pedit it was held, that the Grant of the next Avoid- any other; but fimoniace promotus is where a Friend
ance for Money, when the Incumbent was very fick of the Parfon gives Money to the Patron or Ordi-
in his Bed and near Death, is Simony. Winch 63.nary for a Prefentation or Inftitution, and the
One ſeiſed of an Advowfon granted the next Avoid Parfon himself doth not know it, who is incapable
to hold that Benefice upon the corrupt Promotion
ance to his ſecond Son, who after his Death corrupt-
ly agreed with 7. S. to procure him to be prefented though he may have any other, or even that very
to the Benefice, and to perfect this, it was agreed Benefice, if afterwards he come lawfully to it, fo
that the fecond Brother fhould furrender his Grant as the Right of the Patron be not diſturbed. 2 Roll.
and Intereft to the elder Brother, and he knowing Rep. 465. It hath been held, that where two Par-
nothing of the firft Agreement prefented 7. S. it fons agreed to exchange their Livings, and the one
F.
was held to be Simony, and all void. Lane 13. But promifed his Patron, that if he would prefent the
if a Patron of a Church contract with one for Simo-other, with whom he was to exchange his Living,
ny, and prefent another without Simony; this is not
within the Statute, for the King to prefent, &c. Hob. fuch a Rent; this fhall be. Simony, although the
167. Where a Man agrees to give a Sum of Money other be not privy to the Contract. Parf. Coun. 50.
to procure him to be prefented to a Church, this is And corrupt Refignations of Livings are within the
Simony: And if an Incumbent make a fimoniaci Con- Statute against. Simony, as well as Exchanges, &c.
tract with the Friend, or Wife of the Patron, who Though if a fimoniacal Clerk refign, and another
knows nothing of it, it will be Simony; alfo if Stran- is prefented and dies; the King hath loft his Pre-
gers make Agreement by Compact betwixt them, fentment. Hob. 167. 1 Brownl. 164. If a Clerk that
without the Privity of the Incumbent or Patron; as gets ordained by Simony, obtain any Benefice in fe-
if a Friend of the one, give Money to a Relation of ven Years after, it is declared void by the Statute.
the other to procure him to prefent fuch a Clerk, it Hob. Ibid. A Prefentation upon a fimoniacal Agree-
is fimoniacal: Tho' this Judgment hath been oppofed, ment is void to all manner of Perfons who have
becauſe thereby the Patron's Right may be defeated any Intereft in the Benefice: 'Tis void as to the
by Collufion between Strangers. Cro. Car. 330. Cro. Patron, who is to loſe his Preſentation, for that is
Fac. 386. Sid. 329. And if one that hath no Right vefted in the King, and he may preſent; it is-void
to prefent, fhall by means of a corrupt Agreement,
as to the Ordinary, by Reafon he is bound to admit
prefent a Clerk, who is by his Prefentation ad- the King's Prefentec; and no Lapfe can incur where
mitted, inftituted and inducted into a Church; this the Right of Preſentation is in the Crown; 'tis
fhall not be fuch an A&t of Simony to intitle the void as to the Clerk, without a declaratory Sen-
King to prefent: For though the Statute makes all tence, though he was not privy to it, and he is
void, an Ufurper cannot forfeit the Right of ano- difabled, &c. And 'tis void as to the Parishioners;
for if he fue them for Tithes, they may plead him
ther, in whom there is no Fault. 2 Brownl. 7. 3
Inft. 153.
But on a Sale of an Advowson with Co-no Incumbent, and that he hath no Right to the
venant to preſent fuch a Perfon as the Bargainee Profits of the Church; all thofe being due to the
fhould nominate, the Church at that Time being Clerk which the King fhall prefent from the Time
full by Ufurpation, and a Quare Impedit then pen- of the Avoidance. 1 Roll. Rep. 237. And if a Man
dant to remove the Ufurper, and by which he was be prefented to a Benefice by Simony, a general
afterwards removed, the Court held this to be Pardon afterwards will not enure to the Settling of
Simony; for that the Prefentation by Ufurpation him in that Benefice, which was never full because
being avoided, the Church fhall be now faid to be of the Simony; but it may discharge the Punishment
void from the Death of the laft Incumbent. Skinner's of Simony, in Refpect of the Forfeiting double Value
3 Cro.
Rep. 90. If any Perfon receives Reward, &c. for of the Profits of one Year, &c. Hob. 168.
any Prefentation to a Benefice, although he who 685. By the 1 W. & M. c. 16. After the Death
is prefented know nothing of the Matter, his Pre- of a Perfon fimonically promoted to any Benefice,
fentation, Inftitution and Induction are void by the the Offence or Contract of Simony fhall not be
Statute 31 Eliz. and the King fhall prefent pro hac alledged to the Prejudice of any other Patron inno-
Vice: The Statute intends to inflict a Punishment cent of Simony, or of his Clerk; unless the Perfon
fimoniacaliy
5
he would make the Patron a Leaſe of his Tithes at
}
SI
SK
f
•
faid to be in Mifericordia pro falfo clamore fuo; and for
the Defendant, eat inde fine die,' and the Defendant
was diſcharged, &c. 2 Lill. 220.
it
Si non omnes, Is a Writ on Affociation of Ju-
ftices, by which if all in Commiffion cannot meet
at the Day affigned, it is allowed that two or more
of them may finifh the Bufinefs. Reg. Orig. 202.
F. N. B. 185. And after the Writ of Affociation,
is ufual to make out a Writ of Si non omnes, directed
to the firft Justices, and alfo to those who are ſo
affociated to them, which reciting the Purport of
the two former Commiffions, commands the Juftices,
that if all of them cannot conveniently be prefent,
fuch a Number of them may proceed, &c. F. N. B.
111.
fimoniacally prefented, or his Patron were convicted
of fuch Offence in the Life-time of the fimoniack
Perfon: But if the guilty Patron doth prefent ano-
ther Clerk upon the Deccafe of the former, the Si-
mony upon the first Prefentation may be alledged
both against the guilty Patron, and his fecond Clerk,
though innocent. Wood's Inft. 157. If any Perfon
fhall for any Reward, in his own Name, or the
Name of any other Perfon, take or accept the next
Avoidance of, or Preſentation to a Benefice with
Cure of Souls, and fhall be prefented thereto, the
Prefentation fhall be void, and fuch Agreement
deemed a fimoniacal Contract; and the Crown may
prefent for that Time, &c. by 12 Ann. c. 12. This
A& reftrains only thofe, that are to be prefented
to the Living on the next Avoidance upon Purchaſe, Sinking Fund, Is a Provifion made by Parlia-
c. nor Laymen, or fuch of the Clergy as are not ment, confifting of Surplufages of other Funds, ap-
to be prefented to the Church. Wood's Inft. 150. It propriated for paying the publick Debts of the Na-
originally belongs to the Spiritual Court to deter- tion: And many late Statutes have been made for
mine Simony; and the Stat. 31 Eliz. does not abro-applying the growing Produce thereof; alfo Money
gate the Ecclefiaftical Laws concerning it, but only is often borrowed on the Credit of the Sinking Fund,
enacts particular Penalties, in more remarkable ufually one Million a Year towards raifing Supplies
fimoniacal Acts, relating to Benefices, &c. But in for publick Service. See Stat. 13 Geo. 1. cap. 3.
thofe ipecial Cafes mentioned in the Statute, they Geo. 2. cap. 13. 4 Geo. 2. cap. 5: 5 Geo. 2. cap. 17.
are to be determined in the Temporal Courts. Gibf. 6 Geo. 2. cap. 25. 7 Geo. 2. cap. 12. 8 Geo. 2. cap. 11.
Codex 839. The Statute against Simony may be re-9 Geo. 2. cap. 34. 11 Geo. 2. cap. 27. 12 Geo. 2. cap.
cited in the Declaration against a Simonist; or it | 19. 13 Geo. 2. cap. 23. 14 Geo. 2. cap. 41. 15 Geo.
may be good without it. 2 Lutw. 1090.
Simplex, Signifies fimple, or fingle; as Charta
fimplex is a Deed Poll or fingle Deed.
•
2. cab. 3:
I
Sipelfocna, Was what we now call a Hundred.
Leg. H. 1. c. 6.
Simplex Beneficium, A minor Dignity in a Ca- Si recognofcant, A Writ that, according to the
thedral or Collegiate Church, or any other Eccle-old Books, lies for a Creditor against his Debtor,
fiaftical Benefice, oppofed to a Cure of Souls; and who before the Sheriff in the County Court has ac-
which therefore is confiftent with any parochial knowledged to owe his Creditor fuch a Sum receiv-
Cure, without coming under the Name of Plurali-ed of him: The Form of which Writ is this:
ties.
Rex vicecom. S. Salutem. Precip. tibi quod fi A. B. re-
cognofcat fe debere C. D. Quinq; lib. fine ulteriori
dilatione tunc ipfum Diftringas ad predict. debitum eidem
C. fine dilatione reddendum, Telte, &c. Old Nat,
Br. 68.
Simplex Justiciarius, This Style was antiently
ufed for any Puifne Judge, that was not Chief in
any Court: And there is a Writ in the Regifter, be-
ginning thus: I John Wood, a fimple Fudge of
the Court of Common Pleas, &c.
Simul cum, Are Words ufed in Indi&ments,
and Declarations of Treſpaſs againſt ſeveral Perfons,
where fome of them are known, and others not
known: As the Plaintiff declares against A. B. the
Defendant fimul cum C. D. E. F. and divers others
unknown, for that they committed fuch a Trefpafs,
&c. 2 Lill. Abr. 469. If a Writ is generally againft
two or more Perfons, the Plaintiff may declare
against one of them with a fimul cum; but if a Man
bring an original Writ againſt one only, and declares
with a fimul cum, he abates his own Writ. Comber.
260.
Site of a Meffuage or Manor houfe, &c. See
Scite..
Sithcundman, (Sax.) Such a Man as had the
Office to lead the Men of a Town or Pariſh. Leg,
Ine, cap. 56. Dugdale fays that in Warwickshire the
Hundreds were formerly called Sithefoca, and that
Sithfocundman and Sithcundman, was the chief Officer
within fuch a Diviſion, i. e. The High Conſtable of
the Hundred. Dugd. Antiq. Warw.
Sitheloca, A Saxon Word for Franchife or Li-
berty, a Hundred. Rot. Parl. 16 H. 2.
ney to be made; the Refidue is called by this
Name, and is melted down again. Lownd's Eff
upon Coin, pag. 96.
Sirhindi, Were Servants of the fame Nature
with Rod-Knights, viz. Bound to attend their Lord
Sine affenfu Capitali, A Writ that lies where a wherever he went; but they were accounted among
Biſhop, Dean, Prebendary, or Mafter of an Hofpi- the English Saxons as Freemen, becauſe they had
tal aliens the Lands holden in Right of his Bishop-Lands in Fee, fubject only to fuch Tenure, Leg.
rick, Deanery, Houfe, &c. without the Affent of the Ina, c. 26. See Hindeni.
Chapter or Fraternity; in which Cafe, his Succeffor Sizel, Is where Pieces of Money are cut out from
ſhall have this Writ. F. N. B. 195. And if a Bifhop the flat Bars of Silver, after drawn through a Mill,
or Prebendary be diffeifed, and afterwards he re-into the refpe&ive Sizes or Dimenſions of the Mo-
leaſeth to the Diffeifor; this is an Alienation, upon
which may be brought a Writ De fine affenfu Capitali:
But the Succeffor may enter upon the Diffeilor, if
he doth not die feifed, notwithſtanding the Releaſe
of his Predeceffor; for by the Releafe, no more
paffeth than he may rightfully releafe. New Nat.
A Perfon may have this Writ of Lands
upon Demiſes of ſeveral Predeceffors, &c.
Sine-cure, Is where a Rector of a Pariſh hath a
Vicar under him endowed and charged with the
Cure; fo that the Reftor is not obliged either to
Duy or Refidence. Degg's Parf. Counc. 195. And
when a Church is fallen down, and the Parish be-
comes deftiture of Parishioners, it is faid to be a
Sine Cure. Wood's Inft. 153.
Br. 432.
Skarkalla, Seems to be an Engine for catching
of Fish: It was especially given in Charge by the
Juftices, that all Juries fhould inquire de biis qui
pifcantur cum Kiddellis & Skarkallis. 2 Inft. 38.
Skerda, A Scar or Wound.
Si offa
extrahuntur a Capite & Skerda magna levetur, &c.
Bra&t. lib. 3.
Skinners. None ſhall retain any Servant, Jour-
neyman, &c. to work in the Trade of a Skinner, un-
lefs he himself hath ferved feven Years as an Ap-
prentice in the fame Trade, in Pain to forfeit
double the Value of his Ware wrought. Star. 3
Fac. 1. c. 9.
Skyvinage, Is ufed for the Precincts of Calais.
Sine Dic, i. e. Withour Day: Before the A&t
for turning the Law into English, when Judgment
was given againſt the Plaintiff in an Action, he was | Stat. 27 H, 6. c. 2.
Slade,
SO
SO
t
Slade, (Sax. Sled,) A long narrow Piece or Slip
of Ground Paroch. Antiq. 465.
Slander, Is the Defaming of a Man in his Re-
putation, Profeffion, or Livelihood; which is
tionable, &c. See Action of the Cafe for Words, and
Prohibition.
Slaves. There are no Slaves in England; one may
be a Villein here, but not a Slave. 2 Salk. 666.
Slippa, A Stirrup; and there is a Tenure of
Land by holding the King's Stirrup, in Cambridge-
fhire. Cart. 5 H. 7.
two Tenures; and as they were of different Na-
tures, fo the Defcent of thefe Lands was in a diffe-
rent Manner; for the Lands held in Knights Service
ac-defcended to the eldeſt Son; but thofe held in Villa-
no Socagio, equally among all the Sons; and if there
was but one Meffuage, the eldeſt Son was to have
it, paying the rest of the Value, &c. Litt. 117.
When the Tenant holdeth of the Lord by certain
Service, for all manner of Services, it is Socage;
if a Man holds by Fealty only, fuch Service is Te-
nure in Socage: And Tenure by Petit Serjeanty, and
in Burgage, are but Socage Tenures in Effect: But
Grand Serjeanty, holden of the King, and Frankal-
moign, which is a Spiritual Service, is not in Socage.
Litt. 117, 118, 160. 1 Inft. 86. The Tenure of
Free Socage is likewife' called Common Socage: And
all Tenures are adjudged and taken to be for ever
turned into Free and Common Socage. Stat. 12. Car. 2.
cap. 24.
Slough Silver, A Rent paid to the Caftle of
Wigmore, in Lieu of certain Days Work in Harveft,
heretofore reſerved to the Lord from his Tenants.
Pat. 43 Eliz.
Sluice, (Exclufa) Is a Frame to keep or let
Water out of a Ground.
Smaka, A Smack, or fmall light Veffel. Cowel.
Smalt, (Ital. Smalto) Is that of which Painters
make their blue Colouring; mentioned in the Stat.
21 Fac. 1. cap. 3.
Socagers, Were thofe Tenants whofe Tenure was
called Socage; otherwife ftiled Sockmen.
Socmen, Sokemen, ( Socmanni) Are fuch Tc-
Smoke-Silver. Lands were held in fome Places
by the Payment of the Sum of 6 d. yearly to the pants as hold their Lands and Tenements in Socage;
Sheriff, called Smoke-Silver. Pat. 4 Ed. 6. Smoke- but the Tenants in Antient Demefne fecm moft pro-
Silver and Smoke-Penny are to be paid to the Mini-perly to be called Socmans. F. N. B. 14. Briton,
fters of divers Parishes, as a Modus in Lieu of Tithe-
Wood: And in fome Manors, formerly belonging
to Religious Houfes, there is ftill paid as appendant
to the faid Manors, the antient Peter-Pence by the
Name of Smoke-Money. Twifd. Hift. Vindicat. 77.
The Biſhop of Lincoln, Anno 1444, iffued out his
Commiffion
Ad levandum le Smoke-Farthings,
Smuglers, Are thofe Perfons that conceal pro-
hibited Goods, and defraud the King of his Cuſtoms
on the Sea-Coafts, by Running of Goods and Mer-
chandize. Stat. 8 Geo. I. cap. 18. See Customs.
Snottering-Silver. There was a Cuftom in the
Village of Wylegh, that all the fervile Tenants fhould
pay for their Tenements a small Duty called
Snottering Silver, to the Abbot of Colchester. Placit. |
18 Edw. 1.
Snuff or Snuth, Mixing and colouring it with
Oker, Umber, or Fuftick, yellow Ebony, Tobacco Duft,
Sand, &c. incurs a Penalty of 3 1. for every Pound-
weight. Stat. i Geo. I. c. 46. A Duty is granted
of 2 s. 6 d. a Pound on Snuff imported from the
Spanish West Indies; and 5s. for what is brought
from Spain and Portugal, &c. except France, by the
Stat. 12 Geo. I. c. 26.
|
cap. 66. After the Conqueft, the Socmanni or Soke-
manni, often mentioned in Domeſday, were Tenants
who held by no fervile Tenure, but commonly paid
their Rent to the Lord as a Soke or Sign of Free-
dom; though they were fometimes obliged to cu-
ftomary Duties for the Service and Honour of their
Lord. Spelm. of Feuds, cap. 7.
Socna, (Sax. Socne) A Privilege, Liberty, or
Franchife. Chart. Canut. Reg.
Socome, Signifieth a Cuſtom of grinding Corn
at the Lord's Mill; and Bond Socome is where the
Tenants are bound to it. Blount.
Sodomy, The Crime of, and how punished, fee
Buggery.
Soke, Significat Libertatem Curia Tenentium quam
Socam appellamus. Fleta, lib. 1. cap. 47. Stat. 32
H. 8. cap. 15..
Soke-reebe. The Lord's Rent-gatherer in the Soke
or Soken. Fleta.
Solarium, A Sollar, upper Room, or Garret :
Unum Solarium vocat' a Loft. Chart. Antiq.
Soldiers. The Military State of England includes
the Soldiery by Land and Sea; and it is againſt our
ancient Law to keep up an Army of Soldiers in the
Time of Peace. In Time of War particular Orders
Soc, (Sax.) Signifies Power, or Liberty to mini- are made for the Order and Difcipline of Officers
fter Juftice and execute Laws; alfo the Circuit or and Soldiers, which are to be confulted upon all E-
Territory wherein fuch Power is excrcifed: Whence mergencies; and therefore we are not to expect
our Law Latin Word Soca is uſed for a Seigniory or many ftanding and perpetual Laws on that Account.
Lordship enfranchised by the King, with the Li-Wood's Inft. 45. The chief Statutes relating to the
berty of holding or keeping a Court of his Sockmen:
And this Kind of Liberty continues in divers Parts
of England to this Day, and is known by the Names
Nullus
of Soke and Soken. Bra&. lib. 3. Lamb.
Socman habet impune peccandi ; i. e. None hath Liber-
ty of Sinning without Puniſhment. Leg. Hen. 1.
Socage, (Socagium a Soca, a Plough) A Tenure
by which Tenants held their Lands, to plough the
Land of their Lords with their own Ploughs, and do
other inferior Services of Husbandry at their own
Charge: Which flavish Tenure was afterwards, by
the mutual Agreement of Lord and Tenant, turn'd
into the Payment of a Sum of Money yearly, and
from thence it was called Liberum Socagium; whereas
the other was term'd Villanum Socagium. Bra&t. lib.
2. cap. 35. Free Socage was a Tenure of Freehold
by a certain Rent for all Services, and to pay upon
the Death of the Anceſtor a double Rent for a
Relief, and to be free from Wardſhip, &c. And
Socage was a Tenure of fo large an Extent, that
Littleton tells us, all the Lands in England, which
were not held in Knights Service, were held in So-
cage: It feems the Land was divided between theſe
Army, and their Contents, are as follow, viz. By
18 H. 6. Soldiers retained, departing from their
Colours, without Licence, are guilty of Felony.
The 7 H. 7. c. 1. and 3 H. 8. c. 5. enact, That if
a Captain ſhall not have the whole Number of his
Soldiers, or not pay them their due Wages, within
fix Days after he hath received it, he hall forfeit
all his Goods and Chattels, and fuffer Impriſonment.
By the 4 & 5 Ph. & M. c. 3. If any Perfon being
commanded to mufter, doth abfent himſelf (having
no lawful Excufe) he ſhall fuffer ten Days Impri-
And if any one
fonment, or pay a Fine of 40 s.
authorized to levy or mufter Soldiers, hall take any
Reward to diſcharge or fpare any from the faid
Service, he fhall forfeit ten Times as much as he
fhall take, &c. The Stat. I Fac. I. c. 4. ordains,
That if any Perfon go beyond Sea, to ſerve any
foreign Prince, as a Soldier, and he do not take the
Oath of Allegiance before he goes, it is Felony ;
and if he is a Gentleman or Officer, that is going
to ferve a foreign Prince, he is to be bound with
two Sureties not to be reconciled to the Sec of
Rome, &c. or it will be Felony. By 31 Car. 2. c. 1.
no
5
SO
SO
:
·
·
1
no Soldiers ſhall be quartered on any Perfons without the Criminal may be try'd by a Court Martial.
their Confent; and Inhabitants of Places may refufe Officers of reduced Regiments are not entitled to
to quarter any Soldier, notwithstanding any Order Half-pay, if they did not actual Service, or having
whatfoever. The 45 W. & M. &c. was made any Place of Profit, being under 16 Years old,
for puniſhing Mutiny and Deſertion, &c. And by &c. Stat. 7 Geo. I. c. 6. Fictitious Names allow-
10 & 11 W. 3. Officers and Soldiers may exercile ed by his Majefty's Order, for Maintenance of
Trades. The 1, 4, 7, 9 & 10, c. Ann. were made Widows of Officers killed in the late War, S.
for punishing Mutiny and Defertion of Soldiers, and not to be a falfe Mufter; and the Pay-mafter
falfe Mufters; and for better Payment of the Army General may make ufual Deductions for Cloath
and Quarters, &c. And the 2 & 3 Ann. gave Powering, and 12 d. per Pound out of Officers and Sol-
to Juftices of Pence to fend Warrants for appre-diers Pay, to be difpofed of as the King thinks fit.
hending idle Perfons, and to deliver them to Offi- Stat. 11 Geo. I. c. 6. No Juftice of Peace having
cers to recruit the Army; and during the Wars 40 s. a military Office, fhall be concerned in Quartering
and 41. Advance-Moncy was given to Soldiers volun- of Soldiers in the Company, &c. under his Com-
tarily lifting. By the 12 Ann. c. 11. lifting Men, or mand: And Victuallers refufing Soldiers Quartered,
being inlifted for the Service of any foreign Prince or Conftables receiving Reward to excufe them, are
as Soldiers, or procuring the fame, without the to forfeit not above 57. nor under 4 s. 3 Geo. 2. c. 2.
King's Licence, is made High Treafon. The 1 Geo. By fubfequent Acts, no Juftice, Conftable, c. may
1. c. 3. enacts, That every Soldier who fhall caule a direct more Billets for Quartering Soldiers than there
Mutiny, Defert, . fhall be punished with Death, are effective Men: And if any Soldier be Quartered
or otherwife by a Court Martial; and Perfons fuf- on a private Houfe, without the Owner's Confent,
pected of Defertion are to be taken up by Confta- he may have his Remedy at Law; and Officers or
bles, for whom a Reward is ordered of 20s. And Conftables that quarter Wives, Children, or Maid-
concealing Deferters, buying their Clothes, &c. in- Servants of any Officer or Soldier, in fuch Manner;
curs a Forfeiture of 51. Officers making falfe Cer- the Officer fhall be cafhiered, and Conftable forfeit
tificates to excuſe the Abſence of Soldiers from Mu- 20 s. Likewife where Perfons are grieved in Bil-
fters, fhall forfeit 501 and making falfe Mufters, leting Soldiers, by Conftables, they may complain
be cashiered and forfeit 100l. Čommiffaries of to the Juftices of Peace, who fhall order fo many
the Forces are to give Notice to Mayors to be pre- to be removed, as they fee Caufe. 13 Geo. 2. c. 10.
fent at Mutters; and the Mufter-Rolls fhall be figned It is alfo enacted, when Orders are iffued to Quarter
by fuch Mayors: Soldiers falfly mustered fhall be Soldiers in Weftminster, the High Conftable there fhall
deemed lifted Soldiers; and Horfes lent to the Per-deliver his Precepts to the Petty Conftables, c.
fons fo mustered to be forfeited: If any Pay-master
of the Army detains the Pay ordered for one
Month; or any Officer fhall refufe to pay his Sol
diers, they fhall be diſcharged, and be liable to 100l.
Forfeiture Officers receiving Subfiftence-Money,
are to give Notice to Inn keepers, and pay their Ac-
counts; and Accounts fhall be made up between the
Pay-mafter General and Colonels of Regiments, c.
Conftables fhall quarter Soldiers in Inns, Ale-houfes,
Victualling-houles and thofe felling Brandy, &c.
by Retail, (Distillers excepted) and Officers taking
Money for excufing Quarterage, ſhall be cafhiered:
Juftices of Peace are to iffue Warrants to Conftables
to provide Carriages for Baggage, where Soldiers are
on the March, and Officers fhall pay 1 s. per Mile
for Waggons, and 9 d. for Carts; and forcing Horfes,
&c. from the Owners, is liable to a Forfeiture of
51. Soldiers after three Years Service may demand
their Diſcharges; and his Majefty may eſtabliſh
Articles of War, &c. By 1 Geo. 1. c. 34. no lifted
Soldier is to be allowed to be abfent longer than
twenty Days in fix Months, by any Furlow, except
fign'd by the Officer in Chief; and Soldiers in Lon-
don fhall have no Protection unless they conftantly
do Duty: Perfuading and procuring Soldiers to defert,
incurs a Penalty of 401. and not paying it, the Of
fenders are to be committed to Gaol for fix Months,
and be fet on the Pillory; Papifts being Soldiers are
to renounce their Religion, or be difabled. The
3 Geo. I. c. 2. and 4 Geo. 1. c. 4. ordain, That no
Soldier fhall be taken out of the Service, by any
Procefs, except it be for fome criminal Matter, or
for a real Debt amounting to 10%. of which Affidavit
is to be made; and if any Soldier be otherwife ar-
rested, a Juſtice of Peace by Warrant under his
Hand fhall difcharge him: Yet the Plaintiff may
file an Appearance, in an A&tion of Debt, upon
Notice thereof given, and proceed to Judgment
and Execution, other than against the Body of fuch
Soldier. By the 5 Geo. I. c. 5. when an Officer or
Soldier is accuſed of a capital Crime, the command-
ing Officer, on Application made to him, is to uſe
his utmoſt Endeavours to deliver over the Criminal
to the Civil Magiftrate, and he is not to be try'd
by a Court Martial in eight Days; within which
Time, Application is to be made: But after that
to Biller them properly in their Diftricts, who must
give, on Oath to the Juftices in Seffions, Lifts of the
Houfes obliged to receive the Officers and Soldiers;
alfo the Number quartered on each Houfe, &c. and
if the Lifts are defective, fhall forfeit 5 1. Officers
or Soldiers, if they deftroy Game on their Marches,
or Poultry or Fifh, being convicted before a Juſtice,
are to forfeit 51. an Officer, and 20 s. a Soldier.
Ibid. When any Perſon is inlifted a Soldier, he ſhall
within four Days be carried before the next Juftice
of Peace, or chief Magiftrate of a Town, and
declare that he did it voluntarily; upon which
the Juftice is to certify it, and give him the Oath
of Fidelity, &c. But if then he diffents, on re-
turning the Money received, and 20 s. for Charges,
he fhall be difcharged: And military Officers
acting contrary to this Act, to incur the like Pe-
nalty as for making a falfe Mufter. 8 Geo. 2. c. 2.
If a Perfon abfconds, or refufes to go before a Ju-
ftice, in order to declare his Affent or Diffent; he
fhall be deemed a lifted Soldier, and may be pro-
ceeded againſt as if he had taken his Oath directed
by the Articles of War. Stat. 10 Geo. 2. And in cafe
any Subje&t here or in Ireland, fhall lift or enter him-
felf, or any one procure him, to go beyond the Seas,
with an Intent to be inlifted as a Soldier, to ferve
any foreign Prince or State, without Leave of his
Majefty, he fhall be guilty of Felony; but if fuch
Perfon lifted, in 14 Days after difcover upon Oath
before any Juftice, &c. the Perfon by whom he was
drawn in, fo as he may be apprehended and con-
victed, the Party difcovering is to be indemnified.
9 Geo. 2. c. 30. His Majefty may form Articles of
War, and conftitute Courts Martial as well in Great
Britain and Ireland, as in the Iſlands of Minorca, Gi-
braltar, &c. And if any Officer or Soldier defert his
Majefty's Service beyond Sea, and efcape into this
Realm, or Ireland, he fhall be tried here, as if the
Offence had been committed within this Realm.
Stat. 11 Geo. 2. c. 2. and 15 Geo. 2. cap. 4. See Court
Martial.
Solet & Debet, Words inferted in Writs for Re-
covery of Rights, &c. Vide Debet.
Sole Tenant, (Solus Tenens) Is he that holds
Land by his own Right only, without any other
joined: And if a Man and his Wife hold Land for
S X
their
}
#
1
SO
their Lives, with Remainder to their Son for
Life; here the Man dying, the Lord fhall not
have a Herior, because he dies not Sole Tenant.
Kitch. 134.
Solicitor, (Solicitator) A Perfon imployed to fol-
low and take Care of Suits depending in Courts of
Law or Equity: And Solicitors are within the late Sta-
tute, to be fworn and admitted by the Judges, like
unto Attornies, before they fhall practice in our
Courts; and Attornies may be admitted Solicitors in
the Courts of Equity, &c. Stat. 2 Geo. 2. c. 23.
There is alfo a Solicitor General to the King, who
is a great Officer next the Attorney General. See
torney.
Solidatum, Ufed in the Neuter Gender is taken
for that abfolute Right or Property which a Man
hath in any Thing. Malmsb. Lib. 1.
Solinus terræ, In the County of Kent is about
One hundred and fixty Acres: In communi Terra
Sancti Martini funt 400 Acr. & dim. qua faciunt duos
Solinos & dimid. Domefd.
噜
​S. P
Sound, Is a narrow Sca, as Mare Balticum, the
Sound; and to found is to make Trial how many Fa-
thom a Sea is deep. Merch. Die.
Southampton. Any Man may pull down Wears,
c. in the Haven of Southampton, between Calfbord
and Redbridge; and whofoever levieth any other
there, fhall forfeit 1007 Star. 11 H. 7. c. 5. An
A&t was made for confirming fome Part of the
Charter granted to the Mayor, Bailiffs and Bur-
geffes of Southampton, and for Relief of the Town.
4 Fac. 1. c. 10..
South-Sea Company, A Company of Merchants
it-trading to the South Sea. They were incorporated,
on lending the late Government ten Millions of Mo-
ney, towards paying the Debts of the Army, Exc.
and may purchafe Lands not exceeding 1000l. per
Annum; and befides an Intereft for the Money ad-
vanced the Government, 8000l. a Year is to be
paid them out of the Founds towards the Manage-
ment of this Company: The Corporation fhall have
the fole Trade from the River Oroonoko on the Eaft
Side of America, to the Southermoft Part of Terra
del Fuego, and from thence through the South Sea,
&c. And the Company to be Owners of all Iflands,
Ports, &c. they can difcover. Stat. 9 Ann. cap. 21.
See 1, 6, 7 & 9 Geo. I. 6 Geo. 2, &c. And Vide
Merchants.
Soller, Mentioned in Leafes of Houfes in London.
Vide Solarium.
Solvendo effe, Is a Term of Art, fignifying
that a Man hath wherewith to pay, or is a Perfon
folvent.
Solvere pœnas, To pay the Penalty; or un-
dergo the Punishment inflicted for Offences. 3 Salk.
32.
Solvit ad Diem, Is a Plea in Aation of Debt on
a Bond, Bill, &c. that the Money was paid at the
Day limited. Mod. Caf. 22. See Payment.
Solutione feodi ilitis, & urgen. Partia
menti, Are Writs whereby Knights of the Shire
and Burgeffes in Parliament might recover their
ancient Allowance or Wages, if it were denied.
35 H. S. c. II.
A
Southwark, King Edward 3d by Charter grant-
ed to the City of London, the Village of Southwark,
paying at the Exchequer the Farms therefore due:
Allo the Manor and Borough were granted; except
the Capital Meffuage called Southwark-place, by
Chart. Ed 6.
Sowlegrobe, Is an old Name of the Month
of February, fo called by the Inhabitants of South
Wales.
remem-
Sowne, From the Fr. Souvenue, i. e.
Son Affault, Is a Juftification in an Action of bred; is a Word of Art ufed in the Exchequer,
Afault and Battery; becauſe the Plaintiff made the where Eftreats that Sowne not, are thofe as the
first Affault, and what the Defendant did was in his Sheriff cannot levy, viz. Such Eftreats and Cafu-
own Defence. 2 Lill Abr. 523. But Son Affault can-alties as are not to be remembred, and run not in
not be pleaded by a Defendant for his outrageous
Battery. Ibid.
Sontage, Was a Tax of forty Shillings laid
upon every Knight's Fee, according to Stow, pag.
284:
Sope, A Duty granted on it for 32 Years, &c.
And Sope-makers are to give Notice of the Time of
making and working of Sope to Excife Officers, on
Pain of forfeiting 501. Stat. 10 Ann. cap. 19. and
II Geo. I. c. 30.
Sorcery, (Sortilegium) Witchcraft or Divina-
tion by Lots; which was made Felony by 1 Fac. 1.
C. 12.
S025, In Sums of Money lent upon Ufury, the
Principal was anciently called Sors, to diftinguish it
from the Intereft. Pryn's Colle&. Tom. 2. pag. 161.
Sous Accipiter, Is a Sor or Soar Hawk: King
John granted to Robert de Hofe, Land in Berton of
the Honour of Nottingham, to be held by the Service
of Yielding the King yearly one Soar Hawk, &c.
Cartular. S. Edmund. MS.
Sothale, or othail, Is conceived to be mistaken
for Scotale. Bra&t. lib. 3.
Demand; and Eftreats that Sowne, are fuch as he
may gather and are leviable. Stat. 4 Hen. 5. cap. 7.
4 Inft. 107.
Spadarius, for Spatharius, Is a Sword-bearer.
Blount.
Spate Placitum, A Court for the Speedy Ex-
ecution of Juftice on military Delinquents. Brad.
Append. Hift. Engl. 45.
Spatularia, Is numbered among the Holy Veſt-
ments, &c. in Mon. Angl. Tom. 3. pag. 331.
Speaker of the Parliament, The Chief Officer
in that High and Auguft Court, who is as it were
the common Mouth of the Reft: And as that Ho-
nourable Affembly contains two Houfes, the Lords
and Commons; fo there are two Speakers, the one
term'd the Lord Speaker of the House of Peers, and is
moft commonly the Lord Chancellor or Lord Keep-
er of the Great Seal of England; the other (being
a Member of that Houfe) is called The Speaker of the
House of Commons, both whofe Duties confift in ma-
naging Debates, putting Queftions, and thereby
collecting the Senfe of the Houfes, the paffing of
Bills, fecing the Orders of each Houfe obferved,
Special Matter in Evidence, Is what is fpe-
cially alledged, and comes not into the General
Iffue.
Sothlaga, (From the Sax. Sod, i. c. verum, and&c. See Parliament.
Saga, Teftimonium) An old Word which fignifies
Hiftory, and all Hiftories fhould be true, or true
Sayings: From hence we derive Southſayer.
Soberaign, Is a Chief, or fupream Perfon, one
higheſt of all; as a King, &c.
Sovereign, A Picce of Gold Coin, current at
22 s. in 1 H. 8. when by Indenture of the Mint,
a Pound-weight of Gold of the old Standard, was
to be coined into twenty four Sovereigns. In 34
H. S. Sovereigns were coined at 20 s. a-piece, and
Half Sovereigns at 10s. But Anno 4 Ed. 6. the
Sovereign of Gold paſs'd for 24 ș. and in 6 Ed. 6, at
30 s.
Specialty, (Specialitas) A Bond, Bill, or fuch like
Inftrument; a Writing or Deed, under the Hand
and Seal of the Parties. Litt.
Speleum, The Cell of a Monk, mentioned in
Malmsb. lib. 3.
Spices. Licences are to be granted for Import-
ing of Spices; and the Cultom Duties thereon are
leffened, by Stat. 6 & 8 Geo. I.
Spigurnel, (Spigurnellus) Is the Sealer of the
King's Writs, from the Sax. Spicurran, to fhut up
:
2
or
S P
ST
Cyp:
or inclofe: But the following Original has been accepted fuch Gifts for their Maintenance. St.
given of this Word, that Galfridus Spigurnel being Epift. 70, 71.
by King Hen. 3. appointed to be Sealer of his Writs, Spoutals, The Betrothing of a Man or, Woman
was the first in that Office; and therefore in After-before full Marriage. Litt. Diet. See Efponfals.
times the Perfons that enjoy'd the Office were Spouſe-breach, Is Adultery oppoſed to fimple
called Spigurnels. Pat. 11 H. 3. 4 Edw. 1. This Fornication: The Lady Katherine was accufed 10
Office was alfo known by the Name of Spicurnantia the King of incontinent Living before her Mar-
or Efpiurnantia; and Oliver de Standford held Lands riage, and of Spouſe-breach after her Marriage. Fox
in Nettlebed in Com. Oxon. per Serjeantiam Spicurnan- Act. Mon. Vol. 2. pag. 540.
tiæ in Cancellaria Domini Regis. 27 Ed. 1.
Spínacium, A Sort of Veffel which we now call
a Pinnace. Knight Ann. 1338.
Spindulæ, Were thofe three Golden Pins which
were uſed about the Archiepifcopal Pall; and from
thence Spindulatus fignified to be adorned with the
Pall. Du Cange.
man.
+
-
Spur-Royal, (Spurarium aureum) An ancient Gold
Coin. Pro hac Recognitione dedit Johan. H. unum
Spurarium aureum, &c. Paroch. Antiq. 321.
Spullers of Parn, Are Perfons that work at the
Spole or Wheel; or Triers of Tarn to ſee that it be
well fpun, and fit for the Loom. 1 Mar. c. 7.
Squalley, Is a Note of Faultinefs in the Making
Spinster, Is an Addition in Law-Proceedings of Cloth. 43 Eliz. c. 10.
See Rewey.
uſually given to all unmarried Women; and it is a Squibs, The Making, Selling, or Expofing to
good Addition for the Eftate and Degree of a Wo- Sale of Squibs, Serpents and other Fire-works; or
But it is faid a Gentlewoman is to be named Throwing, Cafting or Firing any Squibs, &c. is de-
Generofa, and not Spinfter, or will be ill. Dyer 45,clared a common Nufance: And fuch Perfons who
88. 2 Co. Inft. 668.
make or fell Squibs, fhall forfeit 51. Alfo the Per-
fons throwing them, or affifting therein, incur a
Forfeiture of 20 s. leviable by a Juftice of Peace's
Warrant; and not being paid, the Offender is to
be fent to the House of Correction for
any Time not
exceeding a Month. Stat. 9 10 W. 3. c. 7. If any
Perfons fhall permit Squibs to be caft or thrown from
of their Houſes into the Street, they fhall forfeit
20 s. to be levied by Diftrefs and Sale of Goods, &c.
Stabbing Of Perſons is made Felony without Be-
nefit of Clergy, and punished as Murder, by Stat.
Fac. 1. c. 8. See Manslaughter.
Spiritual Courts, Have Jurifdiction in Caufes
matrimonial, and for Probate of Wills of Goods,
and granting Administrations; and for Tithes, where
there is no Modus; in Cafes of Defamation, &c.
Their Jurifdictions are fet forth in the Stat. Articuli
Cleri, 9 E. 2. And in the Stat. de Circumfpecte agatis,
the 23 H. 8. c. 9, &c. Sec Courts Ecclefiaftical.
Spirituality, As containing the Clergy of England,
Statutes made for preferving their Privileges, &c.
4. H. 4. c. 2. & 3.
Spiritualities of a Bishop, Are thofe Profits
which he receives as a Bishop, and not as a Baron of
Parliament; fuch as the Dutics of his Vifitation,
Preftation-Money, his Benefit growing from Ordi-
nations and Inſtitutions of Priests, the Income of his
Jurifdi&tion, &c. Staundf. P. C. 132. The Archbi-
fhop of the Province is Guardian of the Spiritualities
when a See is vacant, and hath the Jurifdiction of
Courts, &c. Vide Cuftos Spiritualitatis.
Spittle-Houle, Is a Corruption from Hofpital, and
fignifies the fame Thing; or it may be taken from
the Teuton. Spital, an Hofpital or Alms houfe: It
is mentioned in the 15 Car. 2. c. 9.
out
Stabilia, A Writ called by that Name, on, a
Cuftom in Normandy, that where a Man in Power
claimed Lands in the Poffeffion of an Inferior, he
petitioned the Prince that it might be put into his
Hands 'till the Right was decided; whereupon he
had this Writ, Breve de Stabilia: To this a Charter
of King Hen. 1. alludes in Pryn's Lib. Angl. Tom. I.
pag. 1204.
Stabilitio benatíonís, The driving Deer to a
Stand. Omnes Burgenfes de B. debent invenire unum ho-
minem ter per Annum ad Stabilamentum pro venatione
capienda, &c. Lib. niger Heref. And, In Venatione
fi quis ad Stabilitatem non venit, i. e. He who doth
not come to the Place where he ought to ſtand.
Leg. H. 1. c. 17.
Greyhounds in a Leafh, ready to flip: And it is
one of the four Evidences or Prefumptions, where-
by a Perfon is convicted of intending to fleal the
King's Deer in the Foreft; the other three are Dog-
draw, Back-bear, and Bloody-hand. Manwood, par. 2.
cap. 18.
Spoliation, (Spoliatio) A Writ or Suit for the
Fruits of a Church, or the Church itſelf, to be
fued in the Spiritual Court, and not in the Tempo
ral, that lies for one Incumbent againſt another, Stable-Land, (Stabilis ftatio, vel Stans in Stabulo)
where they both claim by one Patron, and the Is when a Man is found at his Standing in the Fo-
Right of Patronage doth not come in Question: reft, with a Croſs or Long-bow bent, ready to fhoot
As if a Parfon be created a Bishop, and hath Difat any Deer; or ftanding clofe by a Tree, with
penfation to hold his Benefice, and afterwards the
Patron preſents another Incumbent, who is inftitu
red and inducted; now the Bishop may have a Spo-
liation in the Spiritual Court against the new Incum-
bent, because they both claim by one Patron, and
the Right of Patronage doth not come in Debate;
and for that the other Incumbent came to the Pof
feffion of the Benefice, by the Courfe of the Spiri-
tual Law, viz. by Inſtitution and Induction; for o-
therwife, if he be not inftituted and inducted, a
Spoliation lies not against him, but Writ of Trefpafs,
or Affife of Novel Diffe fin. F. N. B. 36, 37. So it
is where a Parfon that hath a Plurality accepts of
another Benefice, by Reafon whereof the Patron
preſents another Clerk, who is inftituted and in-
ducted; in this Cafe one of them may have Spolia-
tion against the other, and then fhall come in Que-
ftion, whether he hath a fufficient Plurality, or not:
And it is the fame of Deprivation, &c. Terms de
Ley 547.
Sponte oblata, A free Gift or Prefent to the
King antiently fo called.
Sportula, Significs Gifts and Gratuities, for-
bidden to be received by the Clergy: And St. Cy-
prian calls thofe Clergymen Sportulantes Fratres, who
Stack, A Quantity of Wood three Foot long, as
many Feet broad, and 12 Feet high. Merch. Dic.
Stadium, Is accounted a Furlong of Land;
which is the eighth Part of a Mile. Domesday.
Staff-herding, Is a Right to follow Cattle within
a Foreft: And where Perfons claim Common in any
Foreft, it must be inquired by the Minifters whether
they ufe Staff-herding, for it is not allowable of
common Right; becaufe by that Means the Deer
which would otherwife come and feed with the Cat-
tle, are frighted away, and the Keeper or Follow-
er will drive the Cattle into the best Grounds, fo
that the Deer fhall only have their Leavings: There-
fore if any Man who hath Right of Common, under
Colour thereof ufc Staff-herding, it is a Caufe of
Scifing his Common till he pay a Fine for the Abuſe.
1 Fon. Rep. 282.
Stagiarius, Signifies a Refident; as J. B. Cano-
nicus & Stagiarius Sandi Pauli, is a Canon Refi-
dentiary
મ
!
ST
ST
C
2
dentiary of St. Paul's Church, Hift. Eccl. S. Paul.|ving all Meaſures coming towards it for their Con-
But this Diftin&tion was made between Refiden-
tiarius, and Stagiarius: Every Canon inftalled to the
Privileges and Profits of Refidence, was Refiden-
tiarius; and while he actually kept fuch ftated Re
fidence, he was Stagiarius. Statut. Ecclef. Paulin.
MS. 44. Stagiaria, the Refidence to which he was
obliged; Stagiari, to keep Refidence. Hence an
old Stager.
Stagnes, (Stagna) Are Pools of ftanding Water.
5 Eliz. C. 21. A Pool confifts of Water and Land;
and therefore by the Name of Stagnum, the Water
and Land fhall país alfo. Inft 5.
Stal-boat, Is a Kind of Fiſhing-boat, mentioned
in the 27 Eliz. c. 21.
Stalkers, The going gently Step by Step, to
take Game: None fhall talk with Buſh or Beaſt to
any Deer, except in his own Foreft or Park, under
the Penalty of 101. Stat. 19 H. 7. c. 11.
Stalkers, Certain Fishing-nets, by the Statute
13 R. 2. c. 20.
Stallage, (Stallagium, from the Sax. Stal. i e.
Stabulum, Statio) The Liberty or Right of pitching
and erecting Stalls in Fairs or Markets; or the Mo-
ney paid for the fame. Kennet's Gloff.
Stallaríus, Is mentioned in our Hiftorians, and
fignifics Prafeftum Stabuli; it was the fame Officer
which we now call Mafter of the Horfe: - Ead-
nothus qui fuit Haroldi Regis Stallarius, &c. Spelm.
Sometimes it hath been used for him who hath a
Stall in a Market. Fleta, lib. 4. c. 28.
formity; even as Soldiers in the Field have their
Standard or Colours, for their Direction in their
March, &c. to repair to. Britton, cap. 30. There is
a Standard of Money; dire&ting what Quantity of
fine Silver and Gold, and how much Allay, are to
be contained in Coin of old Sterling, &c. And Stan-
dard of Plate and Siver Manufactures. Stat. 6 Geo. 1.
C. II. See Allay.
Standardum Londini. Vobis Mandamus quod
Standardum Londini de kujufmodi Menfuris diligenter
affifari & probari, ac alias Menfuras per dictum Štan-
dardum fieri ad fingulos Comitatus Regni, &c. Clauf.
14 Edw. 2.
Standardus, True Standard, or legal Weight or
Meafure. Cartular. S. Edmund. MS. 268.
Standel, A young ftore Oak tree, which in Time
may make Timber; and twelve fuch young Trees
are to be left ftanding in every Acre of Wood, at
the Felling thereof, by Stat. 35 H. 8.
Stanes. For maintaining the Bridge of Stanes,
and Egham Caufeway, a certain Toll is appointed,
by an old Statute. 1 H. 8. c. 9. There is a Turnpike
now erected croſs this Bridge; and Tolls are taken
for all Coaches, Carts, Horfes, Cattle, &c. going
over, and Lighters or Veffels paffing under the faid
Bridge; but the Inhabitants of Stanes are free for
their Horfes, c. Stat. 13 Geo. 2. cap. 25.
Stanlaw, A Word anciently uled for a Stony
Hill. Domefd.
any
Stannaries, (Stannaria, from the Lat. Stannum,
Stamp Duties. There are certain Duties imi. e. Tin) Are the Mines and Works where Tin
pofed by Parliament on all Vellum, Parchment and Metal is got and purified; as in Cornwall and De-
Paper, whereon Deeds, Grants, Commiffions, or vonshire, &c. Camden Brit. 199. The Tinners are
any Writings, or Procefs in the Law are ingroffed called Stannary-men; who had great Liberties grant-
or written; which Duties are as follow, viz. Fored them by King Edw. 1. before they were abridg'd
all Letters Patent, Grants of Offices, Prefentations, by the Stat. 50 Ed. 3. by which Statute the Privi-
Difpentations, Admittances of Fellows of the Colleges of the Tinners are limited and expounded;
lege of Phyficians, and of Attornies, Pardons of and the Jurifdiction of the Stannary-Courts is fettled
Crimes, c. 40 s. All Conveyances Inrolled, Writs by the 16 & 17 Car. 1. c. 15. All Labourers in
&c.
of Covenant for levying Fines, Habeas Corpus's, &c. and about the Stannaries, are to have the Privilege
Decrees in Chancery, Licences of Marriage, Pro- of the Stannary Court while they work there; and
bates of Wills, &c. 5s. Warrants under the Sign may not be impleaded in any other Court, for
Manual, Commiffions out of Ecclefiaftical Courts, Caufe arifing within the Stannaries; except for
Judgments, &c. 2s. 6d. For Admiffions into any Pleas of Land, Life or Member: The Jurifdiction
Company, Bills, Anfwers, &c. in Chancery 1 s. of this Court is guided by Special Laws and Cu-
All Parchment and Paper, upon which common ftoms, and by Preſcriptions; and no Writ of Error
Deeds, Bonds, Writs, c. are writ 6d. And for lieth upon a Judgment in the Stannary Court, but it
every Sheet of any Declaration, or Pleading, &c. fhall be reverfed, where wrong, by Appeal to the
1 d. Stat. 5 & 6 W. & M. c. 21. And by 9 & 10 Steward of the Court where the Matter lieth; or
W. 3. and 12 Ann. Thefe Duties are doubled, and from the Steward to the Deputy-Warden of the
trebled: The common Stamp is treble Six-penny, &c. Stannaries; from the Under-Warden to the Lord
Commiffioners are appointed by Virtue of thefe Warden of the Stannaries; and from him to the
Acts, to provide Stamps or Marks; and inferior Of King's Privy Council. 4 Inft. 230, 232. Plowd. 327.
ficers for the ftamping of Parchment and Paper, and 12 Rep. 9. 1 Roll. Abr. 745. Tranfitory Actions
for Levying and Collecting the Duties: If any Com- between Tinner and Tinner, &c. though not con-
miffioner or Officer, fhall fix the Mark or Stamp to cerning the Stannaries, or arifing therein, if the
Parchment or Paper before the Duty thereon is Defendant be found within the Stannaries, may be
paid or fecured, he fhall forfeit 100 l. And Per- brought into thefe Courts, or at Common Law; but
fons Ingroffing or Writing upon any Paper, &c.if one Party alone is a Tinner, fuch tranfitory Ac-
any Thing for which the fame is charged with the
Duy, before it fhall be ftamp'd; or Writing upon
any Paper or Parchment mark'd or ftamp'd, for any
lower Duty than what is required, fhall incur a
Forfeiture of 51. and no Deed or Writing fhall be
good in Law till the 5. is paid, and the fame is
ftamped. Vide Printing.
Stand, Is a Weight from Two hundred and a
Half to three hundred of Pitch. Merch. Dict.
tions which concern not the Stannavies, nor ariſe
therein, cannot be brought in the Stannary Courts.
4
Inft. 231
Stannaríus, A Pewterer or Dealer in Tin; of
or belonging to Tin. Litt. Dict.
Staple, (Stapulum) Comes from the Fr. Eftape,
i. e. Forum Vinarium, a Market or Staple for Wines,
which are the principal Commodity of France; or
rather from the Germ. Stapulen, which fignifieth to
gather, or heap any Thing together: In an old
French Book, it is written à Calais Eftape de la Laine,
Standard, (From the Fr. Eftandart, &c. Signum,
Vexillum) In the general Signification, is an Ensign
in War. And it is uſed for the ftanding Measure of &c. i. e. The Staple for Wool: And with us, it
the King, to the Scantling whereof all the Meafures
in the Land are or ought to be framed, by the
Clerks of Markets, Aulnagers or other Officers, ac-
cording to Magna Charta and divers other Statures:
And it is not without good Reafon called a Standard,
becauſe it ſtandeth conftant and immoveable, ha-
hath been a Publick Mart, appointed by Law to be
kept at the following Places, viz. Westminster, York,
Lincoln, New Castle, Norwich, Canterbury, Chichester,
Winchester, Exeter, and Bristol, &c. A Staple Court is
held at the Wool-Staple in Westminster, the Bounds
whercof begin at Temple Bar and reach to Tuthill;
2
in
ST
ST
in other Cities and Towns, the Bounds are within mentioned therein, as Dominus Rex ftatuit in Parlia
the Walls; and where there are no Walls, they ex-mento, and Dominus Rex in Parliamento fuo Statuta
tend thro' all the Towns: And the Court of the edit, and de Communi Concilio Statuit, &c. Plowd. 79.
Mayor of the Staple is governed by the Law Mer 2 Bulft. 186. And Sir Edw. Coke fays, that feveral
chant in a fummary Way, which is the Law of the Statutes are penned like Charters in the King's
Staple. 4 Inft. 237. See Stat. 27 Ed 3 The Staple Name only; though they were made by lawful Au-
Goods of England are Wool, Woolfels, Leather,thority. 4 Inft. 25. Before the Invention of Print-
Lead, Tin, Cloth, Butter, Cheefe, &. as appears
by the State 14 R 2. c. 1. Tho' fome allow only the
five firft; and yet of late Staple Goods are generally
underſtood to be fuch as are vendible, and not fub-
ject to perish, of any Kind. Vide Statute Staple.
Star, (Starrum, a Contraction from the Hebr.
Shetar, a Deed or Contract) All the Deeds, Obliga-
tions, &c. of the Jews were anciently called Stars,
and writ for the most Part in Hebrew alone, or in
Hebrew or Latin; one of which yet remains in the
Treaſury of the Exchequer, written in Hebrew, with
out Points, the Subftance whereof is expreffed in
Latin juft under it, like an English Condition under
a Latin Obligation: This bears Date in the Reign
of King John; and many Stars, as well of Grant
and Releaſe, as Obligatory, and by Way of Mort
gage, are pleaded and recited at large in the Plca-
Rolls. Pafch 9. Edw. 1.
ing, all Statutes were proclaimed by the Sheriff in
every County, by Virtue of the King's Writ. 2 Inft.
526, 644. Some Statutes are General, and ſome are
Special: And they are called General from the Ge-
nus, and Special from the Species; as for Inftance;
The whole Body of the Spiritualty is the Genus,
but a Bishop, Dean, and Chapter, &c. is the Spe-
cies: Therefore Statutes which concern all the Cler-
gy, are general Laws; but thofe which concern
Bishops only are special. 4 Rep. 76. The Statute
21 H. 8. c. 13. which makes the Acceptance of a
fecond Living by Clergymen, an Avoidance of the
Firft, is a general Law, becauſe it concerns all Spi-
ritual Perfons. 5 Rep. All Statutes concerning My-
fteries and Trades in general, are general or pub-
lick Acts; though an A&t which relates to one par-
ticular Trade is a private Statute. Dyer 75. A Sta-
tute which concerns the King is a publick A&; and
Star-Thamber, (Camera Stellata, Chambre de yet the Stat. 23 H. 8. concerning Sheriffs, &c. is a
Eftoiels) Was a Chamber at Westminster fo called, be- Private A&t. Plowd. 38. Dyer 119. 'Tis a Rule in
caufe at first all the Roof thereof was decked with Law, that the Courts at Westminster ought to take
gilded Stars. Sir Tho. Smith de Rep. Angl. lib. 2. c. 2. Notice of a General Statute, without Pleading it;
It is written the starred Chamber. Stat. 25 H. 8. c. 1. but they are not bound to take Notice of particular
There was formerly a high Court call'd by this Name; or private Statutes unless they are pleaded. Inft.
long fince taken away. 3 H. 7. 21 H. 8. 17 Car. 1.98. Statutes against the Power of fubfequent Par-
liaments are not binding; notwithstanding the Sta-
See Court of Star-Chamber.
Starch and Starch-Powder. By a late A&, tute 42 Ed. 3. c. 3. declares that any Statute made
Starch-makers are to make ufe of fquare, or oblong against Magna Charta fhall be void: And this is evi-
Boxes only, for boxing and draining green Starch, dent, fecing many Parts of Magna Charta have been
before it is dried in the Stove, under the Penalty repealed and altered by fubfequent Acts.
of 10%. and fhall give Notice to the Officers for the Statut. Vol. 4. pag. 340. And the Law has been
Duties, when they box and dry their Starch; and miftaken in this Point; for the Statutes which inter-
not remove the Starch made before it is weighed, and vene between the 9 H. 3. and 42 E. 3. are not
an Account taken thereof, on Pain of forfeiting 501 repealed, though they vary from and are contrary
Officers may fearch for Starch concealed by Virtue to Magna Charta. Jenk. Cent. 2. Statutes continue
of a Juftice's Warrant, and feile the fame, &c. A in Force, although the Records of them are de
Penalty is likewife inflicted on Makers of Hair-ftroy'd, by the Injury of Time, &c. But if a Sta-
Powder, Perfumers, Peruke-makers, Barbers, &c.tute is against Reafon, or impoffible to be perform'd,
mixing any Powder of Alabafter, Chalk, Lime, &c. it is void. 4 Rep. 76. 2 Inft. 587. Old Statutes mult
with Starch-Powder, or making Hair-Powder of any give Place to new, where they are contrary; but
other Materials than Powder of Starch. And Ma- when there is a feeming Variance between two Sta-
kers of Powder for Hair, are to make Entries of
their Workhouſes at the Office of Excife; and any
Officer may enter Warehouſes and Shops, and exa-
mine the Powder, which being mix'd fhall be for-
feited, and the Sum of 201. Stat. 4 Geo. 2. c. 14.
Staticks, (Statice, Scientia Ponderum) Knowledge
of Weights and Meaſures; or the Art of Balancing
or Weighing in Scales. Merch, Di&.
Stationarius, (From Statio, Refidence) Is the
fame with Stagiarius.
i
Read. on
tutes, and no Claufe of Non obftante in the latter,
fuch Construction fhall be made that both may ſtand.
11 Rep. 56. Dyer 347. By Repealing of a Re-
pealing Statute, the first Statute is revived: And
where one Statute is repealed by another, the Acts
done in the mean Time are valid. 4 Vol. Read. Stat.
Fenk. Cent. 233. Statutes confift of two Parts, the
Words, and the Senſe; and 'tis the Office of an Ex-
pofitor, to put fuch a Senfe on the Words of the
Statute, as is agreeable to Equity and right Reaſon:
Equity muft neceffarily take Place in the Expoli-
Statuarium, A Tomb adorned with Statues.
Ac ejus Sacro Corfore terra illic inter multa alia Romanation of Statutes; but explanatory Acts are to be con
Statuaria commendato, &c. Ingulph. 853.
ftrued according to the Words, and not by any
Status de Manerio, The State of a Manor: Manner of Intendment; for 'tis incongruous for an
All the Tenants within the Manor, met in the Explanation to be explained. Plowd. 363, 465. Cro.
Court of their Lord, to do their customary Suit, Car. 23. The Preamble of a Statute, which is the
and enjoy their Rights and Ufages; which was Beginning thereof, going before, is as it were a
termed omnis Status de Manerio. Paro.b. Antiq. 456. Key to the Knowledge of it, and to open the Intent
Statute, (Statutum) Has divers Significations: of the Makers of the A&t; it fhall be deem'd true,
First, It fignifies an A& of Parliament made by the and therefore good Arguments may be drawn from
King, and the three Eltates of the Realin; and the fame. I Inft. 11.
It is the most natural and
Secondly, it is a fhort Writing called a Statute Mer-genuine Expofition of a Statute, to conftrue ane
chant, or Statute-Staple, which are in the Nature of Part by another Part of the fame Statute, for that
Bonds, &c. and called Statutes, as they are made best expreffes the Meaning of the Makers: The
according to the Form exprefly provided in certain Words of an Act of Parliament are to be taken in a
Statutes. 5 H. 4. c. 12. To Statutes enacted in Par-
diament, there must be the Affent of the King,
Lords, and Commons, without which there can be
no good A&t of Parliament; but there are many
Acts in Force, though these three Affents are not
lawful and rightful Senfe, and the Conftruction of
Statutes in general must be made in Suppreffion of
the Mifchief, and for the Advancement of the Rc-
medy intended by the Statute; but fo that no inno-
cent Perfon, by a literal Conftruction fhall receive
8 Y
any
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dentiary of St. Paul's Church, Hift. Eccl. S. Paul.
But this Diftin&tion was made between Refiden-
tiarius, and Stagiarias: Every Canon inftalled to the
Privileges and Profits of Refidence, was Refiden-
tiarius; and while he actually kept fuch ftated Re
fidence, he was Stagiarius. Statut. Ecclef. Paulin.
MS. 44. Stagiaria, the Refidence to which he was
obliged; Stagiari, to keep Refidence. Hence an
old Stager.
Stagnes, (Stagna) Are Pools of ftanding Water.
5 Eliz. c. 2I. A Pool confifts of Water and Land;
and therefore by the Name of Stagnum, the Water
and Land fhall país alfo. Inft 5.
Stal-boat, Is a Kind of Fishing-boat, mentioned
in the 27 Eliz. c. 21.
Stalkers, The going gently Step by Step, to
take Game: None fhall talk with Bufh or Beaft to
any Deer, except in his own Foreft or Park, under
the Penalty of iol. Stat. 19 H. 7. c. 11.
Stalkers, Certain Fishing-nets, by the Statute
13 R. 2. c. 20.
Stallage, (Stallagium, from the Sax. Stal. i e.
Stabulum, Statio) The Liberty or Right of pitching
and creating Stalls in Fairs or Markets; or the Mo-
ney paid for the fame. Kennet's Gloſſ.
·
ST
ving all Meaſures coming towards it for their Con-
formity; even as Soldiers in the Field have their
Standard or Colours, for their Direction in their
March, &c. to repair to. Britton, cap. 30. There is
a Standard of Money; dire&ting what Quantity of
fine Silver and Gold, and how much Allay, are to
be contained in Coin of old Sterling, &c. And Stan-
dard of Plate and Siver Manufactures. Stat. 6 Geo. 1.
c. 11. See Allay.
Standardum Londini. Vobis Mandamus quod
Standardum Londini de hujufmodi Menfuris diligenter
affifari & probari, ac alias Menfuras per dictum Stan-
dardum fieri ad fingulos Comitatus Regni, &c. Clauf.
14 Edw. 2.
Standardus, True Standard, or legal Weight or
Meaſure. Cartular. S. Edmund. MS. 268.
·
Standel, A young ſtore Oak tree, which in Time
may make Timber; and twelve fuch young Trees
are to be left ftanding in every Acre of Wood, at
the Felling thereof, by Stat. 35 H. 8.
-
Stanes. For maintaining the Bridge of Stanes,
and Egham Caufeway, a certain Toll is appointed,
by an old Statute. 1 H. 8. c. 9. There is a Turnpike
now erected cross this Bridge; and Tolls are taken
for all Coaches, Carts, Horfes, Cattle, &c. going
over, and Lighters or Veffels paffing under the faid
Bridge; but the Inhabitants of Stanes are free for
their Horfes, &c. Stat. 13 Geo. 2. cap. 25:
•
Stanlaw, A Word anciently uſed for a Stony
Hill. Domefd.
Stallaríus, Is mentioned in our Hiftorians, and
fignifics Præfeftum Stabuli; it was the fame Officer
which we now call Mafter of the Horfe: Ead-
nothus qui fuit Haroldi Regis Stallarius, &c. Spelm.
Sometimes it hath been used for him who hath a
Stall in a Market. Fleta, lib. 4. c. 28.
Stannaries, (Stannaria, from the Lat. Stannum,
Stamp Duties. There are certain Duties ime. Tin) Are the Mines and Works where Tin
pofed by Parliament on all Vellum, Parchment and Metal is got and purified; as in Cornwall and De-
Paper, whereon Deeds, Grants, Commiffions, or vonshire, &c. Camden Brit. 199. The Tinners are
any Writings, or Procefs in the Law are ingroffed called Stannary-men; who had great Liberties grant-
or written; which Duties are as follow, viz. Fored them by King Edw. 1. before they were abridg'd
all Letters Patent, Grants of Offices, Prefentations, by the Stat. 5o Ed. 3. by which Statute the Privi-
Difpentations, Admittances of Fellows of the Colleges of the Tinners are limited and expounded;
lege of Phyficians, and of Attornies, Pardons of and the Jurifdiction of the Stannary-Courts is fettled
Crimes, &c. 40s. All Conveyances Inrolled, Writs by the 16 & 17 Car. 1. c. 15. All Labourers in
of Covenant for levying Fines, Habeas Corpus's, &c. and about the Stannaries, are to have the Privilege
Decrees in Chancery, Licences of Marriage, Pro-of the Stannary Court while they work there; and
bates of Wills, &c. 5s. Warrants under the Sign may not be impleaded in any other Court, for any
Manual, Commiffions out of Ecclefiaftical Courts, Caufe arifing within the Stannaries; except for
Judgments, &c. 2s. 6d. For Admiffions into any Pleas of Land, Life or Member: The Jurifdiction.
Company, Bills, Anfwers, &c. in Chancery Is of this Court is guided by Special Laws and Cu-
All Parchment and Paper, upon which common ftoms, and by Preferiptions; and no Writ of Error
Deeds, Bonds, Writs, c. are writ 6d. And for lieth upon a Judgment in the Stannary Court, but it
every Sheet of any Declaration, or Pleading, &c. fhall be reverfed, where wrong, by Appeal to the
id. Stat. 5 & 6 W. & M. c. 21. And by 9 & 10 Steward of the Court where the Matter lieth; or
W. 3. and 12 Ann. Thefe Duties are doubled, and from the Steward to the Deputy-Warden of the
trebled: The common Stamp is treble Six-penny, &c. Stannaries; from the Under-Warden to the Lord
Commiffioners are appointed by Virtue of thefe Warden of the Stannaries; and from him to the
Acts, to provide Stamps or Marks; and inferior Of King's Privy Council. 4 Inft. 230, 232. Plowd. 327.
ficers for the ftamping of Parchment and Paper, and 12 Rep. 9. 1 Roll. Abr. 745. Tranfitory Actions.
for Levying and Collecting the Duties: If any Com- between Tinner and Tinner, &c. though not con-
miffioner or Officer, fhall fix the Mark or Stamp to cerning the Stannaries, or arifing therein, if the
Parchment or Paper before the Duty thereon is Defendant be found within the Stannaries, may be
paid or fecured, he fhall forfeit 1001. And Per- brought into thefe Courts, or at Common Law; but
fons Ingroffing or Writing upon any Paper, &c.if one Party alone is a Tinner, fuch tranfitory Ac-
any Thing for which the fame is charged with the
Duy, before it fhall be ftamp'd; or Writing upon
any Paper or Parchment mark'd or ftamp'd, for any
lower Duty than what is required, fhall incur a
Forfeiture of 51. and no Deed or Writing fhall be
good in Law till the 5 7. is paid, and the fame is
ftamped. Vide Printing.
Stand, Is a Weight from Two hundred and a
Half to three hundred of Pitch. Merch. Dict.
Standard, (From the Fr. Eftandart, &c. Signum,
Vexillum) In the general Signification, is an Enfign
in War. And it is uſed for the fanding Meaſure of
the King, to the Scantling whereof all the Meafures
in the Land are or ought to be framed, by the
Clerks of Markets, Aulnagers or other Officers, ac-
cording to Magna Charta and divers other Statures:
And it is not without good Reafon called a Standard,
becauſe it ſtandeth conftant and immoveable, ha-
tions which concern not the Stannavies, nor ariſe
therein, cannot be brought in the Stannary Courts.
4 Inft. 231.
Stannaríus, A Pewterer or Dealer in Tin; of
or belonging to Tin. Litt. Diet.
Staple, (Stapulum) Comes from the Fr. Eftape,
i. e. Forum Vinarium, a Market or Staple for Wines,
which are the principal Commodity of France; or
rather from the Germ. Stapulen, which fignifieth to
gather, or heap any Thing together: In an old
French Book, it is written à Calais Eftape de la Laine,
&c. i. e. The Staple for Wool: And with us, it
hath been a Publick Mart, appointed by Law to be
kept at the following Places, viz., Westminster, York,
Lincoln, New Castle, Norwich, Canterbury, Chichester,
Winchester, Exeter, and Bristol, &c. A Staple Court is
held at the Wool-Staple in Westminster, the Bounds
whercof begin at Temple-Bar and reach to Tuthill;
2
in
ST
ST
1
in other Cities and Towns, the Bounds are within j mentioned therein, as Dominus Rex ftatuit in Parlia
the Walls; and where there are no Walls, they ex-
tend thro' all the Towns: And the Court of the
Mayor of the Staple is governed by the Law Mer
chant in a fummary Way, which is the Law of the
Staple. 4 Inft. 237. See Stat. 27 Ed 3 The Staple
Goods of England are Wool, Woolfels, Leather,
Lead, Tin, Cloth, Butter, Cheefe, &. as appears
by the State 14 R 2. c. 1. Tho' fome allow only the
five firft; and yet of late Staple Goods are generally
understood to be fuch as are vendible, and not fub-
ject to perish, of any Kind. Vide Statute Staple.
Star, (Starrum, a Contraction from the Hebr.
Shetar, a Deed or Contract) All the Deeds, Obliga-
tions, &c. of the Jews were anciently called Stars,
and writ for the moſt Part in Hebrew alone, or in
Hebrew or Latin; one of which yet remains in the
Treaſury of the Exchequer, written in Hebrew, with
out Points, the Substance whereof is expreffed in
Latin juft under it, like an English Condition under
a Latin Obligation: This bears Date in the Reign
of King John; and many Stars, as well of Grant
and Releafe, as Obligatory, and by Way of Mort
gage, are pleaded and recited at large in the Plea-
Rolls. Pafch 9. Edw. 1.
mento, and Dominus Rex in Parliamento fuo Statura
edit, and de Communi Concilio Statuit, &c. Plowd. 79.
2 Bulft. 186. And Sir Edw. Coke fays, that feveral
Statutes are penned like Charters in the King's
Name only; though they were made by lawful Au-
thority. 4 Inft. 25. Before the Invention of Print-
ing, all Statutes were proclaimed by the Sheriff in
every County, by Virtue of the King's Writ. 2 Inft.
526, 644. Some Statutes are General, and fome are
Special: And they are called General from the Ge
nus, and Special from the Species; as for Inftance;
The whole Body of the Spiritualty is the Genus,
but a Bishop, Dean, and Chapter, &c. is the Spe-
cies: Therefore Statutes which concern all the Cler-
gy, are general Laws; but thofe which concern
Bifhops only are fpecial. 4 Rep. 76. The Statute
21 H. 8. c. 13. which makes the Acceptance of a
fecond Living by Clergy men, an Avoidance of the
Firft, is a general Law, because it concerns all Spi-
ritual Perfons. 5 Rep. All Statutes concerning My-
fteries and Trades in general, are general or pub-
lick A&ts; though an A&t which relates to one par-
ticular Trade is a private Statute. Dyer 75. A Sta-
tute which concerns the King is a publick A&; and
yet the Stat. 23 H. 8. concerning Sheriffs, &c. is a
Private A&t. Plowd. 38. Dyer 119. 'Tis a Rule in
Law, that the Courts at Westminster ought to take
Notice of a General Statute, without Pleading it;
but they are not bound to take Notice of particular
or private Statutes unless they are pleaded.
x Inft.
Star-Chamber, (Camera Stellata, Chambre de
Eftoiels) Was a Chamber at Westminster fo called, be-
cauſe at first all the Roof thereof was decked with
gilded Stars. Sir Tho. Smith de Rep. Angl. lib. 2. c. 2.
It is written the ftarred Chamber. Stat. 25 H. 8. c. 1.
There was formerly a high Court call'd by this Name;
long fince taken away. 3 H. 7. 21 H. 8. 17 Car. 1.98. Statutes against the Power of fubfequent Par-
See Court of Star-Chamber.
liaments are not binding; notwithſtanding the Sta-
Starch and Starch-Powder. By a late A&t, tute 42 Ed. 3. c. 3. declares that any Statute made
Starch-makers are to make ufe of fquare, or oblong against Magna Charta fhall be void: And this is evi-
Boxes only, for boxing and draining green Starch, dent, feeing many Parts of Magna Charta have been
before it is dried in the Stove, under the Penalty repealed and altered by fubfequent Acts. Read, on
of 10%. and ſhall give Notice to the Officers for the Statut. Vol. 4. pag. 340. And the Law has been
Duties, when they box and dry their Starch; and miftaken in this Point; for the Statutes which inter-
not remove the Starch made before it is weighed, and vene between the 9 H. 3. and 42 E. 3. are not
an Account taken thereof, on Pain of forfeiting 501 repealed, though they vary from and are contrary
Officers fearch for Starch concealed by Virtue to Magna Charta. Jenk. Cent. 2. Statutes continue
of a Juftice's Warrant, and feile the fame, &c. A in Force, although the Records of them are de
Penalty is likewife inflicted on Makers of Hair- ftroy'd, by the Injury of Time, &c. But if a Sta-
Powder, Perfumers, Peruke-makers, Barbers, &c. tute is againft Reafon, or impoffible to be perform'd,
mixing any Powder of Alabafter, Chalk, Lime, c. it is void. 4 Rep. 76. 2 Inft. 587. Old Statutes must
with Starch-Powder, or making Hair-Powder of any give Place to new, where they are contrary; but
other Materials than Powder of Starch. And Ma- when there is a feeming Variance between two Sta-
kers of Powder for Hair, are to make Entries of tutes, and no Claufe of Non obftante in the latter,
their Workhouſes at the Office of Excife; and any fuch Conftruction fhall be made that both may ftand.
Officer may enter Warehoufes and Shops, and exa- 11 Rep. 56. Dyer 347. By Repealing of a Re-
mine the Powder, which being mix'd fhall be for-pealing Statute, the first Statute is revived: And
feited, and the Sum of 201. Stat. 4 Geo. 2. c. 14.
Staticks, (Statice, Scientia Ponderum) Knowledge
of Weights and Meaſures; or the Art of Balancing
or Weighing in Scales. Merch, Di&.
may
Stationarius, (From Statio, Refidence) Is the
fame with Stagiarius.
Statuarium, A Tomb adorned with Statues.
where one Statute is repealed by another, the A&ts
done in the mean Time are valid. 4 Vol. Read. Stat.
Fenk. Cent. 233. Statutes confift of two Parts, the
Words, and the Senſe; and 'tis the Office of an Ex-
pofitor, to put ſuch a Senfe on the Words of the
Statute, as is agreeable to Equity and right Reafon:
Equity muft neceffarily take Place in the Expoli-
Ac ejus Sacro Corpore terræ illic inter multa alia Romanation of Statutes; but explanatory Acts are to be con
Statuaria commendato, &c. Ingulph. 853.
It is the molt natural and
Atrued according to the Words, and not by any
Status de Manerio, The State of a Manor: Manner of Intendment; for 'tis incongruous for an
All the Tenants within the Manor, met in the Explanation to be explained. Plowd. 363, 465. Cro.
Court of their Lord, to do their customary Suit, Car. 23. The Preamble of a Statute, which is the
and enjoy their Rights and Uages; which was Beginning thereof, going before, is as it were a
termed omnis Status de Manerio. Paro.h. Antiq. 456. Key to the Knowledge of it, and to open the Intent
Statute, (Statutum) Has divers Significations: of the Makers of the A&; it ſhall be deem'd true,
First, It fignifics an A&t of Parliament made by the and therefore good Arguments may be drawn from
King, and the three Eltates of the Realin; and the fame. 1 Inft. 11.
Secondly, it is a fhort Writing called a Statute Mer-genuine Expofition of a Statute, to conftrue ane
chant, or Statute-Staple, which are in the Nature of Part by another Part of the fame Statute, for that
Bonds, &c. and called Statutes, as they are made beft expreffes the Meaning of the Makers: The
according to the Form exprefly provided in certain Words of an A&t of Parliament are to be taken in a
Statutes. 5 H. 4. c. 12. To Statutes enacted in Par-
liament, there must be the Affent of the King,
Lords, and Commons, without which there can be
no good A&t of Parliament; but there are many
Acts in Force, though these three Affents are not
lawful and rightful Senfe, and the Conftruction of
Statutes in general must be made in Suppreffion of
the Mifchief, and for the Advancement of the Rc-
medy intended by the Statute; but fo that no inno-
cent Perfon, by a literal Conftruction fhall receive
8 Y
any
ST
ST
>
;
}
any Damage. 1 Inft. 381, 24. The best Way to ex- Condition that if the Obligor pays not the Debt at
pound a Statute, is to confider what Anfwer the the Day, Execution may be awarded against his Bo-
Law-givers would probably have given to the dy, Lands, and Goods, and the Obligee fhall hold
Queſtion made, if propofed to them. Plowd. 465. the Lands to him, his Heirs and Affigns, till the
3 Nelf. Abr. 245. In the ufual Expofition of Sta-Debt is levied. Terms de Ley 548. Stat. 13 Ed. 1.
tutes, thefe Things are to be obferved, viz. 1. What The Statute of Acton Burnel, 13 Ed. 1. enacts, That
was the Common Law before the making of the the Merchant is to caufe his Debtor to come before
Statute ? 2. The Miſchief and Defe&t which the the Mayor of London, &c. to acknowledge the Debt
Common Law did not provide againft. 3. What Re-due, and Day of Payment; and the Recognizance
medy the Statute hath appointed to cure this Mif is to be entered in a Roll: Then the Clerk is to
chief? 4. The true Reafon of the Remedy. 3 Rep. make out a Bill Obligatory, whereunto the Seal of
7. Where a Statute gives a Remedy for any Thing, the Debtor fhall be affix'd, together with the King's
it fhall be prefumed there was no Remedy before Seal, in the Cuftody of the Mayor, &c. And if the
at Common Law: And the Rules to conftrue Acts Debtor fail in Payment at the Day, upon Notice
of Parliament, are different from the ftri& Rules thereof to the Mayor and Clerk, they are to cauſe
of Common Law; though in the Conftruction of a his Goods and Chattels to be fold by Appraiſement,
Statute, the Reaſon of the Common Law gives great to fatisfy the Creditor what his Debt amounts unto,
Light. Raym. 191, 355. 2 Inft. 301. If an Act of and the Money without Delay is to be paid to fuch
Parliament is dubious, long Ufage may be good to Creditor; or in Cafe they cannot fell the Goods,
expound it by ; and the Meaning of Things fpoken they fhall caufe fo much of the Goods to be deli
and written, muſt be as bath been conftantly re-vered to the Creditor as will anfwer his Debt. If
ceived; but where Ufage is against the obvious the Deb:or have no Goods within the Mayor's Ju-
Meaning of a Statute, by the vulgar and common rifdi&tion, the Recognizance is to be fent to the Lord
Acceptation of Words, then it is rather an Oppref- Chancellor under the King's Seal, and he fhall there-
fion than an Expofition of the Statute. Vaugh 169, upon direct a Writ to the Sheriff in whofe Bailiwick
170. A Statute which alters the Common Law, fhall the Goods of the Debtor are, who is to proceed there-
not be ftrained beyond the Words, except in Cafes in as the Mayor might have done if the faid Goods
of publick Utility, when the End and Defign of the had been in his Jurifdiction: And if the Debtor have
A&t appears to be larger than the Words themfelves. no Goods whereupon the Debt may be levied, he
Ibid. 179. Relative Words in any Statute, may make fhall be impriſoned, and there remain until he a-
a Thing pafs as well as if particularly exprefs'd:gree with the Creditor, c. If the Debtor have
And Cafes of the fame Nature fhall be within the Suretics, they fhall be proceeded againſt in like
fame Remedy. Raym. 54. Such Statutes as are be- Manner as the Debtor; but fo long as the Debt may
neficial to the People, fhall be expounded largely, be levied of the Goods of the Debtor, the Sureties
and not with Reftri&tion. Styles 302. The Expofi- are to be without Damage. Alfo a Merchant Stran-
tion of Statutes concerning the Ecclefiaftical Courts, ger, to whom a Debr is due by Statute Merchant,
belongs to the Common Law Courts: And a Statute fhall befides the Payment of his Debt be fatisfied
made in Imitation of the Common Law, is to be ex- for his Stay and Detainer from his Bufinefs. And
pounded by it. Hob. 83, 97. An Affirmative Act, by the Statute de Mercatoribus, 13 Ed. 1. the Mer-
does not repeal a precedent affirmative Statute. The chant fhall caufe his Debtor to appear before the
Affirmative Words of Statutes do not change the Mayor of the City of London, or other City or
Common Law, without Negative Words added there- Town, and there acknowledge the Debt, &c. by
in: And the Statute of Wills, being in the Affirma- Recognizance, which is to be inrolled, the Roll where-
tive, doth not take away the Cuſtom to deviſe Land of muft be double, one Part to remain with the
in Places where it is. Fenk. Cent. 212. Dyer 155. Mayor, and the other with the Clerk appointed by
1 Inft. 111. If a Statute be made only in Affirmance the King; and then one of the Clerks is to write
of the ancient Common Law, and doth not ena & the Obligation, which fhall be fealed with the
any Thing new, but what was before provided for; Debtor's Seal and that of the King, &c. If the
it is nevertheless a Statute, and may be pleaded: Debt be not paid at the Day upon the Merchant's
But the Defendant hath a Plea at Common Law. Account, the Mayor is to caufe the Debtor to be
Styles Reg. 301. An Act of Parliament in Affir-imprifoned, if to be found, and in Priſon to remain
mance of the Common Law, extends to all Times until he hath agreed the Debt; and if the Debtor
after, though it mentions only to give Remedy for cannot be found, the Mayor fhall fend the Recog-
the prefent; and where a Thing is granted by Sta-nizance into the Chancery, from whence a Writ fhall
tute, all neceffary Incidents are granted with it.iffue to the Sheriff of the County where the Debtor
1 Inft. 235. Wherever a Statute gives or provides a is, to arrest his Body, and keep him in Prifon till
Thing, the Common Law fupplies all Manner of he agree the Debt; and within a Quarter of a Year,
Requifites. Hardr. 62. Every Statute made against
an Injury, gives a Remedy by A&tion, exprefly or
implicitly. 2 Inft. 55, 74. And befides an Action
upon the Statute, as the Subject's private Remedy;
the Offender may be punifh'd for Contempt at the
King's Suit, by Fine, &c. 2 Co. Inft. 131, 163.
Things for Neceffity Sake, or to prevent Failure of
Juftice, are excepted out of Statutes. Ibid. 118. How
Statutes are to be recited, and Indictments drawn on
them, fee Indictment.
his Lands and Goods fhall be delivered to him to
pay the Debt; but if the Debtor do not fatisfy the
Debt within that Time, all his Lands and Goods
fhall be delivered to the Merchant by a reaſonable
Extent, to hold until the Debt is levied thereby;
and in the mean Time he fhall remain in Prifod;
but when the Debt is fatisfied, the Body of the
Debtor is to be delivered, together with his Lands.
If the Sheriff return a Non eft Inventus, &c, the Mer-
chant may have Writs to all the Sheriffs where he
hath any Land; and they fhall deliver all the Goods
and Lands of the Debtor by Extent, and the Mer-
chant fhall be allowed his Damage, and all reafon-
able Cofts, &c. All the Lands in the Hands of the
Statutes Merchant, A Statute Merchant is a Debtor, at the Time of the Recognizance acknow-
Bond of Record, acknowledg'd before the Clerk of ledged, are chargeable; though after the Debt is
the Statutes Merchant, and Lord Mayor of the City paid, they shall return to the Grantees, if any are
of London, or two Merchants affign'd for that Pur-granted away, as fhall the reft to the Debtor: The
pofe; and before the Mayors of other Cities and Debtor or his Sureties dying, the Merchant fhall
Towns, or the Bailiff of any Borough, &c. fealed not take the Bady of the Heir, &c. but shall have
with the Seal of the Debtor and the King, upon his Lands until the Debt is levied.. In London, out
Statute of Agreement between the King, Lords
and Commons in Parliament. 51 H. 3. Statutes of
Limitation of Actions, and of Feofails, c. Vide the
Heads.
5
2
οι
!
ST
ST
of the Commonalty, two Merchants are to be cho- terwards confefs Judgment; if the Land be extend-
fen and fworn by this Statute; and the Seal fhall be ed thereon, the Cognifee fhall have a Scire facias to
opened before them, whereof one Piece is to be de- avoid the Extent upon the Judgment. 6 Rep. 45-
livered to the faid Merchants, and the other re-
main with the Clerk; and before thefe Merchants, he that comes first, fhall be firft ferved. Ibid. The
I Brownl. 37. It is otherwife as to Goods, for there
&c. Recognizances may be taken; a Fee of 1 d. per Cognifor of a Statute grants his Eftate to the Cogni-
Pound is allowed to the Clerk for fixing the King's fee; by this the Execution of the Statute will be
Scal; and a Seal is to be provided that fhall ferve fufpended. 2 Cro. 424. But if the Cognifee before
for Fairs, &c, but the Statute extends not to Jews. Execution of a Statute, Releafe to the Cogniſor all
Stat. ibid. Cro. Car. 440, 457. Statutes Merchant were his Right to the Land; it will not be a Diſcharge of
contrived for the Security of Merchants only, to the whole Execution: For notwithstanding, he may
provide a ſpeedy Remedy to recover their Debts; fue Execution of his Body and Goods. 3 Shep. Abr.
but at this Day they are uſed by others, who follow
not Merchandize, and become one of the common Lands, Goods, and Chattels are contained in one
w 326. Upon a Statute Staple, a Capias and Extent of
Affurances of the Kingdom. Bridg. 21.
And all Obligations made to the King, are of the Cent. 163. In Chancery the Proceedings on a Sta-
Owen 82. Writ; but it is not fo on a Statute Merchant. Jenk.
Nature of theſe Statutes Merchant.
The Form of a Statute Merchant Bond, according to Staple are fuable in the King's Bench or Common Pleas,
12 Rep. 2, 3. tute Staple, are in the Petty-Bag Office; and Statutes
Fleta, is as follows, viz. Noverint univerfi per pre- as well as in Chancery. Cro. Eliz. 208. On a Sta-
fentes me A. B. de, &c. Teneri C. D. in centum libr. fol- tute's being fatisfied, it is to be vacated by en-
vend. eidem C. D. ad feftum, &c. Anno Regni Regis, tering Satisfaction, &c. Statutes Staple and Sta-
&c. Et nifi fecero, concedo quod currant fuper me &tures Merchant are to be entred within fix Months,
hæredes meas diftrictio & pœna provifa in Statuto Door fhall not be good against Purchaſers.
mini Regis edit. apud Weftm. Datum London, tali Eliz. cap. 4. See the Stat. 16 & 17 Car. 2. for
die, &c.
preventing Delays in extending Statutes. Vide Re-
Statutes Staple, Are concerning Merchants and
cognizance.
27
chant, or Statute Staple, hold over his Term, he
that hath Right may fue out a Venire facias ad còm-
putand', or enter, as upon an Elegit. 27 Edw. 3. &c.
the Body to Prifon, and feife upon the Lands and
Statuto Stapule, Is a Wric that lies to take
Goods of one who hath forfeited the Bond called
Statute Staple. Reg. Orig. 151.
Statuto Mercatozio, The Writ for Imprifoning
the apprehending of fuch Labourers as refufe to work
Statutum de Labozariís, An antient Writ for
according to the Statute. Reg Judic. 27.
Meeting in every Hundred of Conftables and Houf-
Statutum Seffionem, The Statute Seffions, A
holders, by Cuftom, for the Ordering of Servants,
and debating of Differences between the Maſters and
Servants, rating of Servants Wages, &c. 5 Eliz.
Merchandizes of the Staple; and of the fame Nature
with Statutes Merchant: They are for Debt acknow- by. He that is in Poffeffion of Lands on a Statute
Statutes Merchant and Staple, Tenants there=
ledged before the Mayor of the Staple, at our chief Merchant or Staple, is called Tenant by Statute Mer-
Cities, &c. in the Prefence of one or more of the chant and Statute Staple, during the Time of his
Conſtables of the Staple, by Virtue of which the Poffeffion: And Creditors fhall have Freehold in
Creditor may forthwith have Execution of the Bo- the Lands of Debtors, and Recovery by Novel Dif-
dy, Lands, and Goods of the Debtor, on Non-pay-feifin, if put out; but if Tenant by Statute Mer-
ment. 4 Inft. 238. The Mayor of the Staple may
take Recognizance of a Debt in Prefence of the Con-
ftables of the Staple; and there fhall be a Seal re-
maining with the Mayor, &c. with which every Ob-
ligation upon fuch Recognizance fhall be fealed:
And upon fuch Obligation, after Default of Pay-
ment, the Mayor may imprifon the Debtor, and at-
tach his Goods, and fell them to fatisfy the Credi-
tor; but if the Debtor be not found within the Sta-him that has forfeited a Statute Merchant Bond, un-
ple, the Mayor is to certify the Obligation into til the Debt is fatisfied: And of thefe Writs, there
Chancery, and from thence a Procefs fhall go a- is one against Lay Perfons, and another againft
gainst the Debtor's Perfon, his Lands, Goods, and Perfons Ecclefiaftical. Reg. Orig. 146, 148.
Chattels, as in Cafe of a Statute Merchant. In every
Staple Town there is to be a Mayor and two Con-
ftables eſtabliſhed to take Recognisances, &c. and
when they die, or are changed, others fhall be cho-
fen in their Steads by the Commonalty of Mer-
chants; though the Mayor is not to hold over a
Year, unless he be again chofe, &c. 27 Ed. 3. c. I.
Mayors and Conftables of the Staple are to have
Conulance of Debts and Contracts touching Mer-cap. 4.
chandize Officers of the Staple fhall be fworn first
to the King, and then to the Staple; and the Mayor
of the Staple taking a Recognizance contrary to the
Statute, is to forfeit to the King Half the Sum re-
cognized, &c. Perfons fuing out a Scire facias in
Chancery, to defeat an Execution upon a Statute ver Money current within this Kingdom, and took
Sterling, (Sterlingum) Was the Epithet for Sil-
Staple, mult find Security both to the King and Re-Name from this; that there was a pure Coin
cognizee to profecute, &c. Stat. 36 Ed. 3. 14 15
R. 2. 11 H. 6. A Statute Staple acknowledg'd before
a Mayor only, and no others, was held good, being
before the principal Officer; and where it is void
as a Statute, it may be good as an Obligation. Hill.
22 Fac. I. Cro. 461. Debt lies as well upon a Sta-
tute Staple, as upon a Bond: And a Statute acknow-
ledged on Lands, is a prefent Duty, and ought to
be fatisfied before an Obligation; a Debt due on an
Obligation being but a Chofe in A&ion, and reco
verable by Law, and not a preſent Duty by Law, as
a Debt upon a Statute, Judgment or Recognizance
is, upon which prefent Execution is to be taken
without further Suit. Cro. Eliz. 355, 461, 494, 2 Lill.
Abr. 536. But a Judgment in a Court of Record,
fhall be preferred in Cafe of Execution before a
Statute: Tho' if one acknowledge a Statute, and af-
tle, Provifion, &c. Matt. Weftm. Anno 1259.
Staurum, Any Store, or ftanding Stock of Cat-
Sturemannus.
Steozelman, The fame with Stiremannus, or
ftamped fift in England by the Easterlings, or Mer-
chants of Eaft Germany, by the Command of King
John; and Hoveden writes it Efterling. Inftead of
the Pound Sterling, we now fay fo many Pounds of
lawful Englife Money; but the Word is not wholly
difufed, for tho' we ordinarily fay lawful Money
of England, yet in the Mint they call it Sterling
Money; and when it was found convenient in the
Fabrication of Monies, to have a certain Quantity
of bafer Metal to be mixed with the pure Gold and
Silver, the Word Sterling was then introduc'd; and
it has ever fince been used to denote the certain
Proportion or Degree of Fineness, which ought to
be retained in the reſpe&ive Coins. Lownd's Eſſay on
Coins 14.
Steda, i. e. Room, or Stead, and Weard, a Ward or
Steward, (Senefcallus, compounded of the Sax.
Keeper)
¡
1
=
:
ST
ST
Stick of Eels, A Quantity or Meaſure of
twenty-five: A Bind of Eels contains ten Sticks,
and each Stick 25 Eels. Stat. of Weights and Mea-
Sures.
Stickler, An inferior Officer who cuts Wood
within the King's Parks of Clarendon. Rot. Parl.
H. 6.
Stilyard, Steelyard, Otherwife called the
Stylehouse, in the Parish of Alhallows in London, was
by Authority of Parliament affign'd to the Mer-
chants of the Hanfe and Almaine or Easterling Mer-
chants, to have their Abode in for ever, with other
Tenements, rendering to the Mayor of London a
certain yearly Rent. Stat. 14 Ed. 4. In fome Re-
cords it is called Guildhalda Teutonicorum; and it was
at first denominated Stilyard, of a broad Place or
Court where Steel was fold, upon which that Houſe
was founded. See 19 H. 7. cap. 32. & 22 H. 8.
cap. 8. 1 Edw. 6. cap. 13.
Dedi
Stipula, Stubble left ftanding in the Field after
the Corn is reaped and carried away.
unam Carectatam foragii, & duas acras Štipulæ, &c.
Cart. 2 Edw. 2.
Stock or Stoke, Syllables added to the Names
of Places, from the Sax. Stocce, i. e. Stipes, Trun-
cus; as Woodstock, Rafingftoke, &c.
Keeper) Is as much as to fay a Man appointed in
my Place or Stead, and hath many Applications,
but always denotes an Officer of chief Account
within his Jurifdiction. The greatest of thefe Of
ficers is, The Lord High Steward of England, who
antiently had the Supervifing and Regulating,
next under the King, the Administration of Ju-1
ſtice, and all other Affairs of the Realm, whether
Civil or Military; and the Office was Hereditary,
belonging to the Earls of Leicester, till forfeited to
King Hen. 3. But the Power of this Officer being
very great, of late the Office of High Steward of
England hath not been granted to any one, only
pro hac vice, either for the Trial of a Peer of the
Realm on an Indi&tment for a Capital Offence; or
for the Determination of the Pretenfions of thofe
who claim to hold by Grand Serjeanty, to do cer-
tain honourable Services to the King at his Coro-
nation, &c. for both which Purpoſes he holds a
Court, and proceeds according to the Laws and
Cuſtoms of England; and he to whom this Office
is granted must be of Nobility and a Lord of Par-
liament. 4 Inft. 58, 59. Crompt. Jurifd. 84. 13 Hen. S.
Stiremannus, Sturemannus, Sax. Steor man, A
11. 2 Hawk. P. C. 5. Of the nine great Officers of
Domefd.
the Crown, the Lord High Steward is the first; but Pilot of a Ship, or Steers man.
Stoc and Stovel, A Forfeiture where any one
when the fpecial Bufinefs for which he is appointed
is once ended, his Commiffion expires. The firft is taken carrying Stipites Pabulum out of the
Lord High Steward that was created for the So-Woods; for Stoc fignifies Sticks, and Stovel Pabulum.
lemnizing of a Coronation, was Thomas, fecond Son Antiq. Chart.
of Hen. 4th; and the firft Lord Steward for the
Trial of a Peer, was Edward Earl of Devon, on the
Arraignment of John Holderness Earl of Huntingdon
Stock and Family. If Lands are devifed ge-
in the fame Reign. Lex Conftitution. 170. There is
a Lord Steward of the Houfhold, mentioned Stat. 24 Hnerally to a Stock, or Family; it ſhall be understood
8. cap. 13. whofe Name was changed to that of of the Heir Principal, of the Houſe. Hob. 33.
Great Master of the Houfhold, Anno 32 H. 8. But this Tylwith.
Stockjobbers and Stocks, in Exchange Alley.
Statute was repealed by 1 Mar. cap. 4. and the Of-
fice of Lord Steward of the Houfhold revived. He All Stockjobbing not authorized by A&t of Parliament,
is the chief Officer of the King's Court, to whom or by Charter, or ufed by obfolete Charters, ſhall
is committed the Care of the King's Houfe; he has be void, and the Undertakings are declared Nu-
Authority over all Officers and Servants of the fances, c. by Stat. 6 Geo. I. cap. 18. All Premiums
Houthold, except thofe belonging to the Chapel, to deliver or receive, accept or refufe any publick
Chamber, and Stable; and the Palace Royal is ex- Stork, or Share therein, and Contracts in Nature of
empted from all Jurifdiction of any Court, but on- Wagers, Putts and Refufals relating to the Value
ly of the Lord Steward, or in his Abfence, of the of the Stock, fhall be void; and the Premiums re-
Treaſurer and Comptroller of the Houfhold, with turned, or may be recovered by Action with dou-
the Steward of the Marſhalfea, who by Virtue of ble Cofts; and the Perfons entering into or exe-
their Offices, without any Commiffion, hear and cuting any fuch Contract, fhall forfeit 500l. No
determine all Treafons, Murders, Felonies, Breaches Money fhall be given to compound any Difference,
of the Peace, &c. committed in the King's Palace: for not delivering or transferring Stock, or not per-
Befides the Treaſurer and Controller, the Lord forming Contracts; but the whole Money agreed,
Steward hath under him a Cofferer, feveral Clerks is to be paid, and the Stock transferred, on Pain of
of the Green Cloth, &c. He attends the King's Per-100l. Perfons buying, on Refufal or Negle& to
fon at the Beginning of Parliaments; and is a
White-Staff-Officer, which he breaks over the
Hearfe on the Death of the King, and thereby dif-
charges all Officers under him: Of this Officer's
antient Power, read Fleta, lib. 2. and F. N. B. 241.
In the Liberty of Westminster, an Officer is chofen
and appointed, called High Steward; and there is a
Deputy Steward of Westminster; and the Word Steward
is of fo great Diversity, that in moft Corporations,
and all Houses of Honour, an Officer is found of
this Name and Authority. Stewards of Manors, fee
Copy bold.
1
Stews, (From the Fr. Eftuves, i. c. Therma,
Balneum) Are thofe Places which were permitted
in England to Women of profess'd Incontinency,
and that for Hire would proftiture their Bodies to
all Comers; fo called, becaufe diffolute Perfons are
wont to prepare themselves for venereous A&ts by
Bathing And Hot Baths were by Homer reckon'd
among the effeminate Sort of Pleafures. Thefe
Stews were fupprefs'd by King Hen. 8. about the
Year 1546.
་་
Stica, A Brafs Saxon Coin, of the Value of Half
a Farthing, four of them making an Helfing,
|
See
transfer at the Day, may buy the like Quantity of
Stork, of any other Perfon, and recover the Da-
mage of the first Contractor: And Contracts for
Sale of any Stok, where Contractors are not actually
poffeffed of or intitled unto the fame, to be void;
and the Parties agreeing to fell, &c. incur a Penalty
of 500l. Brokers making Agreements, &c. and
doing contrary, are alfo liable to Penalties: But
this Act not to hinder lending Money on Stocks, or
Contracts for redelivering or transferring thercon,
ſo as no Premium be paid for the Loan more than
legal Intereft. Stat. 7 Geo. 2. cap. 8. Made perpe-
As 10 Stocks fold, it is held, that
tual by 10 Geo. 2.
an actual Transfer. is not neceffary, unless the Per-
fou to whom it ought to be made, was at the Place
and Time ready to accept it; and then, the Time
of Tender is the laft Hour of the Day on which the
Stock was to be Transferred. Mod. Caf. in L. & E.
If the Plaintiff do not fet forth in his
106, 219.
Declaration that he was at the South-Sea House, &c.
on the Day, at fuch a Time, and (taid till the last
Hour, to transfer his Stock, he cannot maintain his
In Equity it has been
A&tion. Pafch. 8 Geo. 1.
adjudg'd, if a Truftce, or Exccutor, with the Truſt
Money
ST
SU
Money buys Stock, and thereby gains confiderably,
he fhall have the Advantage of it himself; in re-
fpe&t of the Hazard he run of being a Lofer by it,
which he must have born, if able. Abr. Caf. Eq. 398.
But in a like Cafe, where Money laid out on Stocks
was greatly improved; it was decreed, that as if
the Stock had fallen, the Truft must have fuffered;
fo its accidental Rife, fhall be for the Benefit of it.
i P. Williams 649. See Brokers and Felony.
Stocks, (Cippus) A Wooden Engine to put the
Legs of Offenders in, for the fecuring of difor-
derly Perfons, and by Way of Punishment in divers
Cafes ordained by Srature, &c. And it is faid that
every Vill within the Precinct of a Torn is indict-
able for not having a Pair of Stocks, and fhall for-
feit 51. Ritch. 13.
born out of the Realm, or unknown. In the Law
it hath a fpecial Signification, for him that is not
privy to an A&t: As a Stranger to a Judgment, is he
to whom a Judgment doth not belong; and in this
Senfe it is directly contrary to Party or Privy. Old
Nat. Br. 128. Strangers to Deeds, fhall not take
Advantage of Conditions of Entry, c. as Parties
and Privies may; but they are not obliged to make
their Claims on a Fine levied till five Years;
whereas Privies, fuch as the Heirs of the Party that
paffed the Fine, are barred prefently. Inf. 214.
2 Inft. 516. 3 Rep. 79. Strangers have either a pre-
fent or future Right; or an apparent Poffibility of
Right, growing afterwards, &c. Wood's Inft. 245.
Stray, Or going aftray of Beafts and Cattle,
fee Efray.
•
Stockland and Bondland. In the Manor of Stream works, A Kind of Works in the Stan-
Wadhurst in Suffer, there are two Sorts of Copy-naries mentioned in the Stat. 27 H. 8. cap. 23.
hold Eftates, viz. Stockland and Bondland, defcend- Streeman, (Sax.) Robuftus, vel potens vir. Le-
able by Cuſtom in feveral Manors: As if a Man land, Vol. 2. pag. 188.
be first admitted to Stockland, and afterwards to
Bondland, and dies feifed of both, his eldeft Son
and Heir fhall inherit both Eftates; but if he be
admitted first to Bondland, and after to the other,
and of thefe dieth feifed, his youngest Son fhall in-for Nufances, Disturbances, Revelling, &c. in
herit: And Bondland held alone, defcends to the
youngest Son. 2 Leon. 55.
Stola, Was a Garment formerly worn by Priefts,
like unto thoſe which we now call Hoods. And
fometimes it is taken for the Archiepifcopal Pall.
Eadmer. cap. 188. Also a Veftment which Matrons
wore. Corvel.
·
Stone, A Weight of 14 Pounds, uſed for
weighing of Wool, &c. The Stone of Wool ought
to weigh 14 Pounds; but in fome Places, by Cu-
ftom, it is lefs, as 12 Pounds and a Half: A Stone
of Wax is 8 Pounds; and in London the Stone of
Beef is no more. 11 Hen. 7. cap. 4. Rot. Parl.
17 Ed. 3.
1
Stozes of War, Are not to be imbezilled; and
none to make Stores of War with the King's Marks,
but Contractors with the principal Officers or Com
miffioners of the Navy, &c. under the Penalty of
2001. Stat. 9 & 10 W. 3. Vide Naval Stores.
Stotarius, He who had the Care of the Stud or
Breed of young Horfes. Leg. Alfred. cap. 9.
Stoth, Nativi de W. folvit quilibet pro filiabus fuis
Maritandis Gerfon Domino, Orlop pro filiabus cor
ruptis, Stoth, & alia fervitia, &c. Petr. Bleff.
contin. Hift. Croyl. pag. 115.
Stow, (Sax. i. e. Locus) A Place, and is often
join'd to other Words; as Godstow is a Place dedi-
cated to God.
Stowage, Is the Room where Goods are laid, or
'tis the Money paid for fuch Places. See Houfage.
Straits, A narrow Sea between two Lands, or
an Arm of the Sea. Alfo there is a narrow coarfe
Cloth antiently fo called. 18 Hen. 6. cap. 16.
Streets. If Streets in London are not well paved,
the Mayor and Aldermen, or any three Juftices
there, may fet Fines upon Perfons, to be levied by
Dittrefs or Action, &c. 3235 H. S. cap. 10. And
Streets, certain Penalties are inflicted by the City
Laws. Lex Lond. 194. It is made Felony maliciously
to affault Perfons in the Streets, with Intent to tear
their Clothes, c. Stat. 6 Geo. I. cap. 22. See
10 Geo. 2. Vide Robbery.
Stretward, Was an Officer of the Streets, like
our Surveyor of the Highways, or rather a Sca-
venger. Mon. Angl. Tôm. 2. pag. 187.
Strip, (Strepitus) Deftruction, Mutilation, from
the Fr. Eftropier: Strepitum & vaftum facere, i. e.
To make Strip and Waste, or Strop and Waste. Sec
Eftrepment.
Strond, An old Saxon Word fignifying the fame
as Strand.
Strumpet, (Meretrix) A Whore, Harlot, or
Courtelan: This Word was heretofore uſed for an
Addition. Plac. apud Ceftr. 6 Hen. 5.
Stryke, The eighth Part of a Scam, or Quar-
ter of Corn; a Strike or Bufhel. Cartular. Rading.
M. S. 116.
Stud of Mares, is a Company of Mares kept
for Breeding of Colts; from the Sax. Stödmyra, i. e.
Equa ad foetum.
Style, (Appello) Is to call, name, or intitle one;
as the Style of the King of England is George the
Second, by the Grace of God King of Great Britain,
France and Ireland, Defender of the Faith, &c.
There is alfo an Old and New Style, us'd in the
Dates of Things abroad; the latter being eleven
Days before the former.
Subarrare. Florence of Worcester tells us, That
King Alfred Subarravit duxit a Noblewoman of
Mercia, Anno 8.68.
Strand, (Sax.) Any Shore or Bank of a Sea or Sub-deacon, An antient Officer in the Church,
great River. Hence the Street in the Weft Sub-made by the Delivery of an empty Platter and
urbs of London, which lay next the Shore or Bank Cup by the Bishop, and of a Pitcher, Bafon and
of the Thames, is called the Strand. An Immunity Towel by the Archdeacon His Office was to wait
from Cuftom, and all Impofitions upon Goods or on the Deacon with the Linen on which the Body,
Veffels, by Land or Water, was uſually exprefs'dc, was confecrated, and to receive and carry
by Strand and Stream; as King Hen. 2d. in his Char-away the Plate with the Offerings at Sacraments,
ter to the Town of Rochester. Concedo & Con- the Cup with the Wine and Water in it, &c. He
firmo in perpetuum cum Socne & Soke, Strand is often mentioned by the Monkish Hiftorians, and
Stream. Mon. Angl. Tom. 3. pag. 4.
particularly in the Apoftolical Canons, 42, 43.
Subje&s, (Subditos) Arc the Members of the
Common-wealth under the King their Head. Wood's
•
Subjugalis, Is any Beaft carrying the Yoke.
Matt. Parif. 1249.
Stranded, (from the Sax. Strand) Is when a
Ship is by Tempeft or ill Stecrage run on Ground,
and fo perifhes. 17 Car. 1. cap. 14. Where a Vef-Inft. 22.
fel is ftranded, Juftices of the Peace, &c. fhall com-
mand Conftables near the Sea Coafts to call Affift-
ance for the Preſervation of the Ship; and Officers
of Men of War are to be aiding and affifting. 12
Ann. cap. 18.
Sublegerius, (from the Sax. Sybleger, i. c. In-
ceftus) One who is guilty of incestuous Whore-
dom.
Stranger, (derived from the Fr. Eftranger, Sub-marchal, An Officer in the Marshalsea, who
aliena) Signifies generally in our Language, a Manis Deputy to the Chief Marshal of the King's Houſe,
8 Z
commonly
A
;
SU
SU
S
commonly called the Knight Marshal, and hath the
Cuftody of the Prifoners there. He is otherwife
term'd Under-Marshal. Cromp. Jurif. 104.
Submillion, Of Matters to Arbitrament, by Bond
or Covenant, &c. upon which an Action may be
brought on Non-performance of the Award, if it is
made for Payment of Money. 10 Rep. 131. See
Arbitrament.
Subnerbare, To cut the Sinews of the Legs or
Thighs; to Ham ftring: And it was an old Cuſtom
in England, Meretrices & Impudicas mulieres Sub-
nervarc.
and this you and every of you are in no wise to omit, un
der the Penalty of One Hundred Pounds for every of you
Witnefs, &c.
A Subpœna Ticket for a Witness to appear and teſtify.
M
R. A. B. By Virtue of a Writ of Subpoena to
You and others directed, and herewith fhewn unto
You, You are required perfonally to be and appear before
his Majesty's Fuftices of Affife on the Day, &c. next at
ten of the Clock in the Forenoon of the fame Day, at the
Suboznation, (Subornatio) A fecret under-hand Court of Affifes then to be holden at, &c. in the County
preparing, inftru&ting, or bringing in a falfe Wit-of S. to teftify the Truth according to your Knowledge in a
nefs; and from hence Subornation of Perjury is the
preparing or corrupt alluring to Perjury. Subor-
nation of Witneffes we read of in the 32 H. 8. cap. 9.
And procuring or fuborning a Witness to give falfe
Teſtimony in any Court of Record concerning
Lands or Goods, the Offender fhall forfeit 40% or
fuffer Impriſonment for Half a Year, ftand on the
Pillory, c. by 6 Eliz. cap. 9. 3 Inft. 167. See
Perjury.
Subpoena, Is a Writ whereby common Perfons
are called into Chancery, in fuch Cafes where the
Common Law hath provided no ordinary Remedy;
and the Name of it proceeds from the Words
therein, which charge the Party called to appear
at the Day and Place affign'd, fub pœna Centum li
brarum, &c. Weft. fymb. par. 2. Cromp. Jurif. 33.
The Subpoena is the leading Procefs in Courts of
Equity; and by Statute, when a Bill is filed againft
any l'erfon, Process of Subpoena fhall be taken out
to oblige the Defendant to appear and anſwer the
Bill, &c. 4 & 5 Ann. cap. 16. Where a Defendant
abfconds, or goes beyond Sea, to avoid being ferved
with Procefs of Subpoena to appear, &c. See 5 Geo.
2. cap. 25. And there are feveral of theſe Writs
in Chancery; as the Subpoena ad Refpondend', Sub
poena ad Replicand' & ad Rejungend', Subpoena ad Tefti-
ficand' & ad audiend. judicium, &c. which Writs are
to be made out by the proper Clerk of the Subpoena
Office; and Subpoena's to answer must be perfonally
ferved by being left with the Defendant, or at his
Houfe with one of the Family, on Affidavit where-
of, if the Defendant do not anſwer, Attachment
fhall be had againſt him, &c. Pract. Solic. 5, 6. A
Subpoena ad Teftificandum lies for the calling in of
Witneffes to testify in any Caufe, not only in Chan-
cery, but in all other Courts; and in that Court, and
in the Exchequer, it is made ufe of in Law and
Equity. The two chief Writs of Subpoena are to
appear and to testify; and the latter iffues out of the
Court where the Iffue is joined, upon which the
Evidence is to be given. 2 Lill. Abr. 536. In this
Writ the 100l. Penalty is inferted only in Terrorem,
being never levied; tho' if a Witneſs ferv'd with
a Subpoena, refufe to appear, on Tender of his
Charges, the Party injured thereby may recover
101. Damages, and other Recompence by Action of
the Cafe. 5 Eliz.
Form of a Writ of Subpoena for Witneffes at the
Affifes.
GE
EORGE the Second, &c. To A. B. C. D.
E. F. Greeting: We command you, and every of
you, firmly injoining you, that laying afide all manner of
Bufineffes and Excufes whatsoever, you and every of you
be in your proper Perfons before our Justices at the Affifes
appointed to be held at, &c. in the County of S. on the
Day, &c. next following, to testify all and fingular
thofe Things, which you or either of you shall know, in
a certain A&ion now depending and undetermined in our
Court before us, &c. between T. B. Plaintiff, and R. D.
Defendant, in an Action of Trespass upon the Cafe, &c.
and on that Day to be tried by a Fury of the County;
certain Caufe now depending, and then and there to be
tried between T. B. Plaintiff, and R. D. Defendant, in
an Action of Trefpafs upon the Cafe, &c. on the Part of
the Plaintiff and herein you are not to fail, on Pain of
1001. Dated the Day and Year, &c.
In London or Middlefex, it must be perfonally to
be and appear before either of the Lord Chief
Juftices, on, &c.
Subsidy, (Subfidium) Signifies an Aid, Tax, or
Tribute, granted to the King for the urgent Occa-
fions of the Kingdom, to be levied of every Sub-
jet of Ability according to the Value of his Lands
or Goods; and in fome of our Statutes it is taken
for Cuftom. Some Perfons have held, that the
Subfidy of Tonnage, &c. might be taken by the
King, of his own Prerogative; efpecially in a Caſe
of Neceffity, and for the Publick Good, as to
make an Equality of Trade: And that the Prece-
dents of the Exchequer make the Law herein. But
the Law was adjudg'd otherwiſe, by both Houſes of
Parliament. Fenk. Cent. 208. Dyer 165. Lane 24.
Cro. Car. 601. Vide Customs, and Tax.
Substance, The Subftance of Things is moft to
be regarded; and therefore our Law doth prefer
Matter of Subftance, before Matters of Circum-
ftance, &c. as in the Statutes 36 E. 3. c. 15. 33 H. 6.
21
2 H. 7. c. 24. 23 Elix. c. 4.
c. 10.
Subftitute, (Subftitutus) One plac'd under an-
other Perfon to tranfact fome Buſineſs, &c. See
Attorney.
Suburbaní, Are Husbandmen, according to the
Monafticon. Tom. 2. pag. 468.
Succellor, (Lat.) Is he that followeth, or cometh
in another's Place. Sole Corporations may take a
Fee-fimple Eftate to them and their Succeſſors; but
not without the Word Succeffors: And fuch a Cor-
poration cannot regularly take in Succeffion Goods
and Chattels; and therefore if a Leafe for a Hun-
dred Years be made to a Perfon and his Succeffors, it
hath been adjudged only an Eftate for Life: Nor
may a Sole Corporation bind the Succeffors. 4 Rep.
65. 1 Inft. 8, 46, 94. 4 Inft. 249. An Aggregate Cor-
poration may have a Fee-fimple Eftate in Succeffion,
without the Word Succeffors; and take Goods and
Chattels in Action or Poffeffion, and they fhall go
to the Succeffors. Wood's Inft. 111. Vide Corporation.
Succifiones Arbozum, The Cuttings and Crop-
pings of Trees. Chart. 2 Hen. 5.
Sufferance. Tenant at Sufferance, is he who
holdeth over his Term at firft lawfully granted.
Terms de Ley. A Perfon is Tenant at Sufferance that
continues after his Eſtate is ended, and wrongfully
1 Co. Inft. 57. See
holdeth against another, &c.
Stat. 4 Geo. 2. c. 28.
Sufferentia pacis, A Grant or Sufferance of
Pro quadam Sufferentia
Peace or Truce.
pacis cum illis habenda, per unum annum duratura,
Clauf 16 Ed. 3.
Suffragan, (Suffraganeus, Chorepifcopus, Epifcopi vi-
carius) Is a Titular Bishop, ordained to aid and affift
the Biſhop of the Diocefe in his Spiritual Function;
or one who fupplieth the Place inftead of the
Biſhop. Some Writers call theſe Suffragans by the
Name
5
SU
SU
}
Name of Subfidiary Bishops, whofe Number is limited
by the Stat. 26 H. 8. cap. 14. By which Statute it
was enacted, That it fhould be lawful for every
Bishop, at his Pleafure, to ele&t two honeft and
difcreet Spiritual Perfons within his Dioceſe, and
to prefent them to the King, that he might give to
one of them fuch Title, Stile and Dignity of fuch
of the Sees in the faid Statute mentioned, as he
fhould think fit: And that every fuch Perfon fhould
be called Bishop Suffragan of the fame See, &c. This
A&t ſets forth at large for what Places fuch Suffra
gans were to be nominated by the King; and if
any one exercife the Jurifdi&tion of a Suffragan,
without the Appointment of the Bishop of the
Diocefe, &c. he ſhall be guilty of a Pramunire.
Stat. Ibid. See Chorepifcopi.
Suggestion, (Suggeftio) Is in Law à Surmife, or
Reprefenting of a Thing; and by Magna Charta
no Perfon fhall be put to his Law on the Suggestion
of another, but by lawful Witneffes. 9 H. 3. c. 2 28.
Suggestions are Grounds to move for Prohibitions to
Suits in the Spiritual Courts, &c. when they med-
dle with Matters out of their Jurifdi&tions. 2 Lill.
Abr. 536. Tho' Matters of Record ought not to
be stayed upon the bare Suggeftion of the Party;
there ought to be an Affidavit made of the Matter
fuggefted, to induce the Court to grant a Rule for
ftaying the Proceedings upon the Record. 2 Lill.
537 There are Suggeftions in Replevin, for a Re-
turno habendo; which 'tis faid are not traverfable,
as there are for Prohibitions to the Spiritual or Ad-
miralty Courts. I Plowd. 76. Breaches of Cove-
nants and Deaths of Perſons muſt be ſuggeſted upon
Record, &c. 8 & 9 W. z. c. 10.
Sullery, (from the Sax. Sulth, i. e. Aratrum) A
Plough-Land.. 1 Inft. 5.
Sullinga, Sullingata Terra, Is the fame with
Swoling. Thorn. pag. 1931.
Sumage, (Sumagium & Summagium) Toll for
Carriage on Horfeback: Pro uno equo portante Sum-
magium per dimidium Ann. obolum. Chart. de Fo-
refta, c. 14. Cromp. Jurif. 191.
Summary, (Summarium) Or an Abridgment.
Law Lat. Dict.
Summer-hus-Silver, A Payment to the Lords
of the Wood in the Wealds of Kent, who uſed to
vifit thofe Places in Summer-time, when their Un-
der Tenants were bound to prepare little Summer-
Houfes for their Reception, or elfe pay a Compofi-
tion in Money. Cuftum. de Sittingburn, MS.
Summoneas, Is a Writ Judicial of great Diver-
fity, according to the divers Cafes wherein it is
ufed. Tabl. Red. Fudic.
Summoners, (Summonitores) Are Petty Officers
that cite and warn Men to appear in any Court;
and thefe ought to be boni Homines, &c. Fleta, lib 4.
The Summonitores were properly the Apparitors, who
warned in Delinquents at a certain Time and Place,
to answer any Charge or Complaint exhibited a-
gainst them: And in Citations from à Superior
Court, they were to be Equals of the Party cited;
at leaft the Barons were to be fummoned by none
under the Degree of Knights. Paroch. Antiq. 177.
Summonitozes Scaccarii, Officers who affifted
in collecting the King's Revenues, by citing the
Defaulters therein into the Court of Exchequer.
Summons, (Summonitio) Is with us as much as
vocatio in jus, or Citatio among the Civilians. Fleta,
Suit, (Secta, Fr. Suite, i. c. Confecutio, Sequela) lib. 6. cap. 6. In general, it is a Writ to the She-
Signifies a Following another; but in divers Senfes. riff to warn one to appear at a Day; and must be
The
firſt is a Suit in Law, and is divided into Suit by certain Summoners on the Tenant's Land, not
Real and Perfonal; which is all one with Action Real his Goods, &c. And if against an Heir, fhall be on
and Perfonal. 2. Suit of Court, an Attendance the Lands that did defcend; or making Default, at
which a Tenant owes to the Court of his Lord. the Grand Cape he may wage his Law of Non-Sum-
3. Suit Covenant, when a Man hath covenanted to mons. 6 Rep. 54 37 H. 6. 26. There is a Sum-
do Suit in the Lord's Court. 4. Suit Cuftom, where mons in Writs of Formedon, &c. And on every
I and my Ancestors owe Suit Time out of Mind. Summons upon the Land in a Real Action, fourteen
5. Suit is the following one in Chafe, as Fresh Suit: Days before the Return, Proclamation is to be
And this Word is used for a Petition made to the made thereof on a Sunday, at or near the Door of
King, or any great Perfonage. None enfeoffed by the Church or Chapel of the Place where the Land
Deed fhall be diftrained to do Suit to his Lord's lies, which must be returned with the Names of the
Court, unless he be bound thereto by the Form of Summoners: And if fuch Proclamation ſhall not
his Deed, or he and his Ancestors have used to do
it, &c. And if the Lord diftrain for Suit not due,
the Party fhall have an Attachment against the
Lord to appear in the King's Court, &c. Likewife
where Suits are withdrawn, the Lord may recover
Seifin and Damages, by Stat. 52 H. 3. cap. 9. See
Secta.
Suits at Law, Are to be profecuted in certain
Times limited by the Statute 21 Fac. 1. cap. 16, &c.
Thoſe Perfons who acted as Lieutenants, Deputy-
Lieutenants, Juftices of Peace, &c. not authorized,
at the bringing in of King William, were indemni-
fied from vexatious Suits, by 1 W. & M. c. 8, So
Perfons that acted for Security of the Government,
during the Rebellion in the late Reign. I Geo. 1.
c. 39. Perfons defiring to end any Suits or Contro-
verfies, for which there is no Remedy but by per-3
ſonal Action or Bill in Equity, may agree that their
Submiſſion to the Award of Arbitrators, fhall be
made a Rule of Court, &c. 9 & 10 W. 3. c. 15.
Suit of the King's Peace, Is the Purſuing a
Man for Breach of the Peace. 6 R. 2. c, 1. 5 H. 4.
cap. 15.
be had, then no Grand Cape fhall iffue, but an Alias
and a Pluries Summons, until a Summons and Pro-
clamation be duly made and returned. Cro. Eliz.
42. 2 Lill. Abr. 538. In a Precipe quod Reddat, no
Man fhall lofe his Land without being fummoned.
Jenk. Cent. 98.
Summons a Severance, In Law Proceedings,
fee Severance.
Summons ad Warrantizanduin, Summoneas ad
Warrantizand, The Procefs whereby the Vouchee
in a common Recovery is called. Co. Litt. 101.
Sumptuary Laws, (Sumptuaria Lex, from Sump-
tuarius, of or belonging to Expences) Are Laws
made to reftrain Excefs in Apparel, and prohibit
coftly Clothes, of which heretofore we had many
in England, but they are all repealed by 1 Fac. 1.
Inft. 199.
Sunday, (Dies Dominicus) Is the Lord's Day fet
apart for the Service of God, to be kept religiouſly,
and not be profaned. Perfons ufing Bull baiting or
Bear-beating, or fuch like Sports on a Sunday, fhall
forfeit 3 s. 4 d. and 5s. for Wrestling, Bowling, &c.
Stat. 1 Car. I, And if any Butchers fhall kill or
Suit-Silver, A fmall Rent or Sum of Money fell Meat on a Sunday, they are liable to a Penalty
paid in fome Manors to excufe the Appearance of of 6 s. 8 d. Carriers, Drovers, &c. travelling on
Freeholders at the Courts of their Lords.
the Lord's Day, incur a Forfeiture of 20 s.
Sulcus quæ, A little Brook or Stream of War 3 Car. I. c. 1. No Perſon ſhall do any worldly
ter; otherwife called Sike, and in Effex a Doke, Pa-Labour on a Sunday, (except Works of Neceffity
roch. Antiq. $31.
and Charity) on Pain of 5 s. And crying or ex-
pofing
Stat.
SU
SU
It
ap-
pofing to Sale any Wares or Goods on a Sunday, the Superfedeas, it was infifted that the Execution
the Goods to be forfeited to the Poor, &c. on was executed before the Superfedeas awarded, and
Conviction before a Juftice of Peace, who may or-that a faulty Superfedeas is no Superfedeas; but the
der the Penalties and Forfeitures to be levied by Court ordered another Superfedeas, with a Claufe of
Diſtreſs: But this is not to extend to Dreffing Reftitution. Moor 466. 3 Nelf. Abr. 256. The Su
Meat in Families, Inns, Cook-Shops, or Victualling perfedeas, quia erronice emanavit, lies to restore a Pof
Houſes; nor to crying of Milk on a Sunday in the feffion, after an Habere facias feifinam, when fued
Morning and Evening. 29 Car. 2. c. 7. Law Pro-out erroneously: So of a Superfedeas after Execution
ceffes are not to be ſerved on a Sunday, unless it be upon a Capias ad fatisfaciend. if it be immediately
in Cafes of Treafon or Felony; or on an Escape, delivered to the Sheriff.. Fenk. Cent. 58, 92.
by Virtue of 5 Ann. Sunday is not a Day in Law pearing upon Affidavit, that there were two Writs
for Proceedings, Contracts, c. And hence it is, of Execution executed upon one Judgment: The
&c.
that a Sale of Goods on this Day in a Market overt Party moved for a Superfedeas, because there cannot
is not good : And if any Part of the Proceedings of be two fuch Executions, but where the Plaintiff is
a Suit in any Court of Justice, be entered and re-hindred either by the Death of the Defendant, or
corded to be done on a Sunday, it makes it all void. by fome A&t in Law, that he can have no Benefit
2 Inft. 264. 3. Shep. Abr. 181. The Service of a of the firft; and ſo it was adjudged.· Stile 255.
Citation on a Sunday is good, and not reſtrained by Superfedeas is grantable to a Sheriff to ftay the Re-
the Stat. 29 Car. 2. And by two Judges, the Deli-turn of an Habeas Corpora; and if he return it after-
very of a Declaration upon a Sunday may be well
enough, it not being a Procefs; but Holt C. J. thought
it ill, becauſe the A&t intended to restrain all Sorts
of legal Proceedings. 1 Ld. Raym. 706.
Supercargo, A Perfon employed by Merchants
to go a Voyage, and overfee their Cargo, and dif
pofe of it to the beft Advantage. Merch. Dict.
Super-institution, (Super-Inftitutio) Is one Inftitu-
tion upon another; as where A. B. is admitted and
inſtituted to a Benefice upon one Title, and C. D. is
admitted and inftituted on the Title or Prefeniment
of another. 2 Cro. 463. See Inftitution.
Super-jurare, A Term uſed in our ancient Law,
when a Criminal endeavoured to excufe himſelf by
his own Oath, or the Oath of one or two Witneffes,
and the Crime objected against him was fo plain and
notorious, that he was convicted by the Oaths of
many more Witneffes: This was called Super-jurare.
Leg. Hen. 1. c. 74. Leg. Athelſtan. c. 15.
Superoneratione Pasture, Is a Judicial Writ that
lies against him who is impleaded in the County
Court for the Surcharging or Overburthening a Com
mon with his Cattle, in a Cafe where he was for
merly impleaded for it in the fame Court, and the
Caufe is removed into one of the Courts at Weft
minfter. Reg. Judic.
Super Piærogativa Regis, A Writ which for
merly lay against the King's Widow for Marrying
without his Licence. F. NR. 173.
:
Superfedeas, Is a Writ that lies in a great many
Cafes; and fignifies in general a Command to ftay
fome ordinary Proceedings, at Law, on good Caufe
fhewn, which ought otherwife to proceed. F. N. B.
236. A Superfedeas is ufed for the ftaying of an
Execution, after a Writ of Error is allowed, and
Bail put in But no Superfedeas can be made out on
bringing Writ of Error, till Bail is given, where
there are Judgments upon Verdict, or by Default,
in Debt, &c. though in Cafe and Trefpafs, where
Damages only are recovered, on the bringing and
allowing of the Writ, the Clerk of the Errors will
make out a Superfedeas without Bail. 2 Lill. Abr.
543. A Writ of Error is faid to be in Judgment of
Law a Superfedeas, until the Errors are examined,
that to Execution; not to Action of
A
wards, and the Parties proceed to Trial 'tis Error ;
and fo are all the Proceedings in an inferior Court,
after an Habeas Corpus delivered, unleſs a Procedendo
is awarded, in which Cafe a Superfedeas is not to be
granted. Cro Car. 43, 350. When a Certiorari is
delivered, it is a Superfedeas to inferior Courts be-
low; and being allowed, all their Proceedings af-
terwards are erroneous; and they may be punished.
The Juftices, &c. to whom a Certiorari is fent, are
to iffue a Superfedeas to the Sheriff to top Execution
of any Award, &c. 2 Hawk. P. C. 293. If a She-
riff holds Plea of 40 s. Debt in his County Court,
the Defendant may fue forth a Superfedeas that he
do not proceed, &c. Or after Judgment he may
have a Superfedeas directed to the Sheriff, requiring
him not to award Execution upon fuch Judgment;
and upon that an Alias, a Pluries, and an Attach-
ment, &c. New Nat. Br. 432. Superfedeas may be
granted by the Court for fetting afide an erroneous
judicial Procefs, &c. Alfo a Prifoner may be dif
charged by Superfedeas; as a Perfon is imprifoned by
the King's Writ, fo he is to be fet at Liberty; and
a Superfedeas is as good a Caufe to diſcharge a Per-
fon, as the firft Proceſs is to arreft him. Finch 453.
Cro. Fac. 379. If a privileged Perfon is fued in any
Jurifdiction foreign to his Privilege, he may bring
his Superfedeas. Vaugh. 155. But a Peer being ar-
refted by a Bill of Middlefex, was ordered to plead
his Privilege; and not allowed a Superfedeas. Stile
177. It is falfe Impriſonment to detain a Man in
Cuftody after a Superfedeas delivered; for the Super-
fedeas is to be obeyed; and in fuch Cafe it is a new
Caption without any Caufe. 2 Cro. 379. 3 Nelf. 256.
There is a Superfedeas where an Audita Querela is
fued; and out of the Chancery, to fet a Perſon at
Liberty taken upon an Exigent, on giving Security
to appear, &c. And in Cafes of Surety of the Peace
and Good Behaviour, where a Perfon is already
bound to the Peace in the Chancery, &c. New
Nat. Br. 524, 529, 532.
J
Form of a Writ of Superfedeas.
EORGE the Second, &c. To the Sheriff of
Debt, on the Judgment at Law: From the Time of G M. Greeting: Whereas we lately commanded you
the Allowance, a Writ of Error is a Superfedeas; by our Writ, that you should take C. D. late of, &c.
and if the Party had Notice of it before the Al- in your County, if he should be found in your Bailiwick,
lowance, it is a Superfedeas from the Time of fuch and fafely keep him, so that you might have his Body
Notice; but this muſt be where Execution is not before us at Westminster, on the Day, &c. next after,
executed, or begun to be executed. Cro. Fac. 534. &c. then to come, and now last past, to make Satisfac-
Mod. (a. 130;
1 Salk. 321. If before tion to A. B. for fifty Pounds, which in our Court before
Raym. 100.
Execution, the Defendant bring a Writ of Error, us were awarded to the faid A. for his Damages that he
and the Sheriff will execute a Fieri fac. and levy had fuftained, by Reason of not performing certain Pro-
the Money, the Court will award a Superfedeas, quia mifes and Undertakings, made by the faid C. to the faid
erronice emanavit, and to have Reftitution of the A. at, &c. in your faid County, wherecf he is convicted :
Money. Stile 414. After an Execution, there was
a Superfedeas, quia Executio improvide emanavit, &c.
iffued; and there being no Claule of Reftitution in
And because it appears to us, that our Writ to take his
Body to make Satisfaction, was unduly and clandestinely
fued out of our faid Court before us: Therefore we com-
mand
5
SU
SU
mand you, that you altogether forbear taking, impriſon- | Recognizance of the Peace be taken in Purſuance
ing, or any ways molefting the faid C. by Reafon of the
Premiffes, or in any manner executing the faid Writ
and making a Return thereof to us, &c. And if you
fhall have taken the faid C. upon that Occafion, and no
other, then do you without Delay difcharge him, and per
mit him to go at large. Witnefs, &c.
of a Writ of Supplicavit, it must be wholly governed
by the Directions of fuch Writ; but if it be taken
before a Juftice of Peace below, the Recognizance
may be at the Diſcretion of fuch Juftice. Lamb. 100
Dalt. c. 70. To fue the Writ of Supplicavit, the Party
that defires it must go before one of the Maſters in
Chancery, and make Oath that he does not defire
the fame through any Malice, but for his own Safe-
ty upon which the Mafter makes out a Warrant,
and the Writ is made by it by one of the Clerks in
the Six Clerks Office; and when made, the Suppli-
cavit is to be delivered to the Sheriff to have his
Super Statuto fatto pour Seneschal & Marshal Warrant thereupon for arrefting the Party, &c.
de Roy, &c. Is a Writ that lieth against the Stew-and then having fued out a Certiorari, it is to be
ard or Marshal, for holding Plea in his Court of delivered to them that took Bail thereon; and
Freehold, or for Trefpafs or Contracts not made they are required to certify it, &c. Prat. Solic.
and arifing within the King's Houfhold. F. N. B.
Super Statuto de Articulis Cleri, Cap. 6. A
Writ lying against the Sheriff or other Officer
that diftrains in the King's Highway, or in the
Lands anciently belonging to the Church. F. N. B.
173.
241.
Super Statuto verfus Servantes & Labozatozes,
A Writ against him who keeps Servants departed out
of their Services contrary to Law. F. N. B. 167.
Super Statuto de Poik, quo null ferra bíteller,
&c. Is a Writ lying against a Perfon that ufes
Victualling, either in Grofs, or by Retail, in a
City or Borough Town, during the Time he is
Mayor, &c. F. N. B. 172.
Superftitious Wles, Caufing Forfeiture of Lands
and Goods to the King, by Stat. 1 Ed, 6. cap. 14.
See Uſes.
Superbilor, (Lat.) A Surveyor or Overfeer:
And it was formerly and ftill is a Cuftom among the
better Sort of People, to make a Superviſor of a Will,
to ſuperviſe and overfee the Executors that they
pun&tually perform the Will of the Teftator; but
this Office is of late very carelefly executed, fo as
to be to little Purpofe or Ufe. Supervifor (now Sur-
veyor) of the Highways, is mentioned in the Stat.
Eliz. cap. 13.
5
130.
Supremacy, Signifies Sovereign Dominion, Au-
thority and Preheminence, the higheſt Eftare. K.
Hen. 8. was the firft Prince that hook off the Yoke
of Rome here in England, and fettled the Supremacy
in himself, after it had been long held by the Pope.
Stat. 25 Hen. S. cap. 12, 20: And by 1 Eliz. cap. 1.
all Ecclefiaftical Jurifdiction was annexed to the
Crown; and it was ordained that no foreign Poten-
tate fhould exerciſe any Power or Authority in this
Kingdom: Alfo the Oath of Supremacy was appointed,
And
c. By thefe Laws, the great Power of Rome was
fupprefs'd; and the Act of 1 Eliz. Sir Edward Coke
fays, was an A&t of Reftitution of the ancient Jurif
diction Ecclefiaftical, which always belonged of
Right to the Crown of England; and that it was not
introdu&tory of a new Law, but declaratory of the
old, and that which was or of Right ought to be
by the fundamental Laws of this Realm, Parcel of
the King's Jurifdiction; by which Laws, the King
as Supream Head, had full and intire Power in all
Caufes Ecclefiaftical as well as Temporal: And as
Supplicavit, Is a Writ iffuing out of Chancery, in Temporal Caufes, the King doth judge by his
for taking Surety of the Peace, when one is in Judges in the Courts of Juftice, by the Temporal
Danger of being hurt in his Body by another; it is Laws of England; fo in Caufes Ecclefiaftical, they
directed to the Juftices of Peace and Sheriff of the are to be determined by the Judges thereof, according
County, and is grounded upon the Stat. 1 Ed. 3. to the King's Ecclefiaftical Laws. 5 Rep. 9. Caw-
cap. 16. which ordains, That certain Perfons fhall drey's Cafe. And in this Cafe it was refolved by all
be affign'd by the Chancellor to take Care of the Peace, the Judges, that by our ancient Laws, this Kingdom
c. F. N. B. 80, 81. When a Man hath purchafed is an abfolute Empire and Monarchy; confifting of
a Writ of Supplicavit, directed to the Juftices of the one Head, which is the King, and of a Body Poli-
Peace, against any Perfon, then he, against whom the tick, made up of many well-agreeing Members, all
Writ is fued, may come into the Chancery, and which the Law divides into two feveral Parts, the
there find Sureties that he will not do Hurt or Da- Clergy and the Laity, both of them immediately
mage unto him that fueth the Writ; and upon that under God, fubje&t and obedient to the Head.
he fhall have a Writ of Superfedeas directed to the the Kingly Head of this Politick Body, is furniſh'd
Juftices, &c. reciting his having found Sureties in with Prerogative and Jurifdi&tion, to render Juftice
Chancery, according to the Writ of Supplicavit; and Right to every Part and Member of this Body,
and alfo reciting that Writ, and the Manner of the of what Eftate or Degree foever, otherwife he
Security that he hath found, &c. commanding the would not be at the Head of the Whole. 5 Co. Rep.
Juftices, that they ceafe to arreft him, or to com- 8. There are ſeveral Inftances of Ecclefiaftical Ju-
pel him to find Sureties, &c. And if the Party | rifdi&tion exercifed by the King of England in for-
who ought to find Suretics, cannot come into the mer Ages; and in this Refpect the King is faid to
Chancery to find Sureties, his Friend may fue a Sube Perfona mixta unita cum facerdotibus. The King
perfedeas in Chancery for him; reciting the Writ of is the fupreme Ordinary, and by the ancient Laws
Supplicavit, and that fuch a one and fuch a one are
bound for him in the Chancery in fuch a Sum, that
he fhall keep the Peace according to it; and the
Writ fhall be directed to the Juftices, that they
take Surety of the Party himself according to the
Supplicavit, to keep the Peace, &c. and that they
do not arrelt him; or if they have arrefted him for
that Caufe, that they deliver him. New Nat. Br.
180. Sometimes the Writ Supplicavit is made re-
turnable into the Chancery at a certain Day; and
if ſo, and the Juftices do not certify the Writ, nor
the Recognizance and the Security taken, the Par-
ty who fued the Supplicavit fhall have a Writ of Cer-
tiorari directed unto the Juftices of Peace to certify
the Writ of Supplicavit, and what they have done
thereupon, and the Security found, &c. Ibid. If a
of the Land, might without any A&t of Parliament,
make Ordinances for the Government of the Clergy;
and if there be a Controverty between fpiritual
Perfons, concerning Jurifdiction, the King is Arbi-
trator, and 'tis a Right of his Crown to declare
their Bounds, &c. Moor 755, 1043. Hob. 17. See
Appeals to Rome, Pope, and Pramunire.
Surcharge, An Over-charge, beyond what is juft
and right. Merch. Dict.
Sur Cui in vita, Is a Writ that lies for the Heir
of a Woman, whofe Husband hath aliened her Land
in Fee, and the neglected to bring the Writ Cui in
vita for Recovery thereof; in this Cafe, her Heir
may bring this Writ against the Tenant after her
Deceafe. F. N. B. 193.
9 A
Surety.
1
SU
SU
}
4
.*.
Surety, (Vas Vadis) A Bail that undertakes for
another Man in a criminal Cafe, or Action of Tref-
pafs, &c. And there is a Surety of the Peace, fo
called, becauſe the Party that was in Fear is there
by fecured, by Bond or Recognizance of the other,
and his Bail bound for him. Lamb. Eiren. lib. 2. Vide |
Good Behaviour.
D
the Defendant had not paid pred. fexaginta Libras,
&c. when the Word Sexaginta was not before men-
tioned: And it was refolved that it shall be Surplu-
fage, when 'tis that the Defendant had not paid præd.
Libras, which must be the Pounds for which the
Plaintiff had declared. 1 Lutw. 445. Cro. Eliz. 647.
3 Nelf. Abr. 262. A Plaintiff being right named
through all the Proceedings, but in the laft Place,
where it was faid that a Capias Ullagatum was pro-
fecuted against predict. Johannem Fowler, and his
true Name was George: It was ruled that the Word
Fohannes fhall be Surpluſage and be rejected; and
then the Plea will be, that a Capias Utlagatum was
profecuted against predict. Fowler. 2 Lutw. 919.
Lev: 428. If a Jury find the Subftance of the Iffue
before them to be tried, other fuperfluous Matter
is but Surplufage. 6 Rep. 46. And where a Verdict
or Judgment is compleat, if there be any other
Matter repugnant or uncertain, &c. i: fhall be re
jected as Surplus. 3 Nelf. 262. 2 Hawk. P. C. 441.
See Pleading.
I
Surgeon, (Chirurgus) May be deduced from the
Fr. Chirurgeon, fignifying him that dealeth in the
mechanical Part of Phyfick, and the outward Cures
perform'd with the Hand; and therefore is com-
pounded of the two Greek Words Xerp, manus, "Epyov,
opus, and for this Caufe Surgeons are not allowed to
adminifter any inward Medicine. By the Stat. 32 H.
S. cap. 42. the Barbers and Surgeons of London are in
corporated and made one Company; and there fhall
be chofen yearly four Mafters for the faid Company,
of which two must be expert in Surgery, and the
other two in Barbery, who fhall have Power to pu-
nifh and correct all Defaults; and the Company
and their Succeffors are to have the Overfight and
Correction as well of Freemen as Foreigners, for Surplulage of Accounts, Signifies a greater Dif
fuch Offences as they fhall commit against the good burfement than the Charge of the Accountanc a
Order of Barbery and Surgery: They fhall be ex-mounts unto. In another Senfe, Surplufage is the
empted from bearing of Arms, ferving on furies, Remainder or Overplus of Money left Litt. Dist.
and all manner of Pariſh Offices, &c. but are to pay Surrebutter, A fecond Rebutter; or more pro-
Scot and Lot, and other Charges as formerly; and perly it is the Replication or Anfwer of the Plain-
the faid Company fhall have free Liberty to take tiff to the Defendant's Rebutter. See Rebutter.
four Perfons condemned for Felony, for Anatomies
yearly. No Barber in London, or within one Mile
thereof fhall practife Surgery, letting of Blood, or
any other Thing relating thereto, except Drawing
of Teeth; nor fhall any Perfon who practifes Sur
within thofe Limits, exercife the Craft of a
gery
Barber: Tho' any Man not being a Barber or Sur-
geon, may retain in his Houſe as a Servant, a Barber
or Surgeon, who may exercife his Art in his Master's
Houfe, or elſewhere, &c. All Perfons practising
Surgery in London, fhall have an open Sign in the
Street where they dwell, that People may know
where to refort to them when wanted: And every
Perfon offending in any of the Articles contained
in this Statute fall forfeit 51. a Month, one Moie-
ty to the King, and the other to him who will fue
for the fame, c. See Phyficians.
Sur lui jur, i. e. Upon his Oath, according to
ancient Laws. Leg. W. 1. cap. 16.
Surmile, Is fomething offered to a Court to
move it to grant a Prohibition, Audita Querela, or
other Writ grantable thereon; and what fhall be
allowed to be a good Surmife, or not fo, fee 2 Cro.
669, 219, 501. Vide Suggeftion.
As a
Surrejoinder, Is a ſecond Defence of the Plain-
tiff's Declaration in a Cauſe, and answers the Re
joinder of the Defendant. Weft's Symb. par. 2.
Rejoinder is the Defendant's Anfwer to the Replication
of the Plaintiff; fo a Surrejoinder is the Plaintiff's
Anfwer to the Defendant's Rejoinder. Wood's Inft. 586.
Where a Plaintiff in his Surrejoinder, is to conclude
to the Country, and not with an Averment. See
Raym. 94. After Rejoinder and Surrejoinder, and Re-
butter, &c. there may be a Demurrer. Pract. Attorn.
Edit. 1. pag. 86.
Surrender, (Surfum-Redditio) Is a Deed or Inftru-
ment teftifying that the particular Tenant for Life
or Years, of Lands and Tenements, doth yield up
his Eftate to him that hath the immediate Eftate in
Remainder or Reverfion, that he may have the
prefent Poffeffion thereof; and wherein the Eftate
for Life or Years may merge or drown by the mu
tual Agreement of the Parties. Co. Litt. 337. And
of Surrenders there are three Kinds; a Surrender pro-
perly taken at Common Law; a Surrender of Copy-
hold or Cuftomary Eftates; and a Surrender im-
properly taken, as of a Deed, a Patent, Rent
newly created, &c. The Surrender at Common
Surplufage, (Fr. Surplus, Lat. Surplufagium, Co- Law is the ufual Surrender, and is of two Sorts, viz.
rollarium) Is a Superfluity or Addition more than A Surrender in Deed, or by exprefs Words in Writing;
needful, which fometimes is the Caufe that a Writ where the Words of the Leffee to the Leffor prove
abates; but in Pleading many Times it is abfolutely a fufficient Affent to give him his Eftate back again:
void, and the Refidue of the Plea fhall ftand good. And a Surrender in Law, being that which is wrought
Broke. Plowd. 63. And on a Writ of Enquiry of by Operation of Law, and not actual; as if Leffee for
Damages in Wafte, in which the Sheriff was com- Life or Years, take a new Leafe of the fame Land
manded to go to the Place wafted, and there to in- during their Term; this will be a Surrender in Law
quire of the Wafte done and Damages, who re- of the firft Leafe. 1 Inft. 338. 5. Rep. 11. Perk. 601.
turned the Inquifition, without mentioning that he And in fome Cafes a Surrender in Law is of
greater
went to the Place wafted; this was held to be Sur- Force than a Surrender in Deed; for if a Man makes
plufage in the Writ that would not hurt, becaufe by Leafe for Years to begin at a Day to come, this fu-
the Plea in the Action the Wafte was acknowledged, ture Intereft cannot be furrendered by Deed, becauſe
ſo that he need not go to the Place wafted to view there is no Reverfion wherein it may drown; but
it. Poph. 24. A Diftringas was returnable Tres Trin. if the Leffee before the Day, take a new Leafe of
Nifi prius venerit Matthæus Hale Mil. Capital. Baro, the fame Land, it is a good Surrender in Law of the
c. on fuch a Day ejufdem Menfis Funii; whereas former Leafe: And this Surrender in Law, by taking
the Month of June was not mentioned before; and a new Leafe, holds good, though the fecond Leafe
this was moved in Arreft of Judgment as a Difcon-is for a lefs Term than the Firft; and 'tis ſaid,
tinuance; but adjudged that the Word ejufdem fhall though the fecond Leafe is a voidable Leafe, &c.
be rejected as Surplusage and void, and then the 5 Rep. 11. 6 Rep. 69. 10 Rep. 67. 1 Inft. 218. Cro.
Word Junii fhall be intended June next; as a Cove- Eliz. 873. If Leffce for Life do accept of a Leafe
venant to pay Money at Michaelmas, fhall be intend- for Years, this is a Surrender in Law of his Leafe for
ed Michaelmas next enfuing. Hardr. 330. In a De-Life; if it fhould be otherwife, the Leafe for Years
claration for Debt, upon Demurrer, it was objected
againſt the Declaration, for that the Plaintiff averred
J
a
would be made to no Purpoſe, and both the Leafes
cannot ftand together in one Perfon. 2 Lill. Abr.
í
I
544.
SU
SU
{
A
>
544. Leffee for twenty-one Years takes a Leafe of for Life makes a Leafe for Years, and after doth
the fame Lands for forty Years, to commence after furrender, the Term for Years doth continue, and
the Death of A. B. it is not any prefent Surrender of fo of a Rent-Charge granted by fuch Leffee, c.
the firft Term; but if A. B. dies within the Term, Bro. 47. I Inft. 338. If the Leffee for Years rendring
it is. 4 Leon. 83. A Leffec for Years took a fecond Rent, furrenders his Eftate to the Leffor, hereby
Lcafe to commence at Michaelmas next; adjudged the Rent is extinct: But if the Rent were granted
this was an immediate Surrender in Law of the firft, away before the Surrender, it would be otherwife.
and that the Leffor might enter and take the ProS Rep. 145. Bro. Surrend. 42. Tenant for Life is
fits from the Time of the Acceptance of the fecond diffeifed, or for Years oufted, and before Entry,
Leafe, until Michaelmas following. Cro. Eliz. 605. or Poffeffion gain'd, he furrenders to him in Re-
If the Leffor make, and Leffee accept a new Leafe, verfion; this Surrender is void: And yet if Leffee
and it is but upon Condition; this fhall be a Surren- for Years, after his Term is begun, before he En-
der in Law: And if an Affignee of Tenant for Years ters, and when no body doth keep from him the
take a new Leafe, &c. the firft Leafe will be by Profits, furrenders, it will be good. Perk. Sect. 600.
Law furrendered. 1 Inft. 218, 338. If a Woman Leffee If there be Leffee for Years, the Remainder for
for Years marries, and afterwards fhe takes a new Life, Remainder in Fee; the Leffee for Years may
Leafe for Life without her Husband, this is a Sur-Surrender to the Leffee during Life, and fo may he
render and Extinguiſhment of the Term; but if the to him in the Remainder in Fee: But if there is
Husband difagree, then 'tis revived: Though if Tenant for Life, the Remainder for Life, and
the new Leafe had been made to the Husband and fuch Remainder in Fee; here the fecond Tenant
Wife, then by the Acceptance thereof, the first for Life cannot furrender to him in Remainder.
Leafe had been gone. Hutt. 7. A Leffor takes the Ibid. 605. In cafe of Tenant for Life, Remainder
Leffee to Wife, the Term is not drown'd or furren for Life, Reverſion in Fee; it was a Question for-
dered; but he is poffeffed of the Term in her Right, merly, whether the Remainder man for Life, by
during the Coverture. Wood's Inft. 285. A Surrender and with the Confent of the Tenant for Life could
may be of any Thing grantable, either abfolute or Surrender to him in Reverſion without Deed, only
conditional; and may be made to an Ufe, being a by coming on the Land and faying, that he did fur-
Conveyance tied and charged with the Limitation render to him in Reverfion; the Court were di-
of a Ufe: But it may not be of an Estate in Fee;vided, but two Judges held, that if Tenant for
nor of Rights or Titles only to other Eftates for Life and he in Remainder for Life, ſurrendered to
Life or Years; or for Part of fuch an Estate; nor the Reverfioner, it fhould pafs as feveral Surren-
may one Termor regularly furrender to another Ter-renders, viz. Firſt of him in Remainder to the Te-
mor; or can a Tenans at Will furrender any more nant for Life, and then by the Tenant for Life to
than he can grant. Perk. 615. Noy's Max. 73. Cro. him in Reverfion. Poph. 137. If Tenant for Life
Eliz. 688. 1 Leon. 303. Where Things will not grant his Eftate to him in Reverfion, this is a
paſs by Surrender, the Deed may enure to other Surrender; and it must be pleaded according to the
Purpoſes, and take Effect by way of Grant, having Operation he hath in Law, or it will not be good.
fufficient Words. Perk. 624, 588. And a Surrender 4 Mod. 151. Though if Leffee for Life or Years,
may be made by thefe Words: Hath furrendered, grant grant their Eftates to him in Remainder or Re-
ed, yielded up and confirmed, &c. To the making of verfion and a Stranger; it fhall enure as a Surrrender
a good Surrender in Deed of Lands, the following of the one Half to him in Reverfion, and as a Grant
Things are requifite; the Surrenderor is to be a Per-of the other Moiety to the Stranger. I Inft. 335.
fon able to grant and make a Surrender, and the
Surrenderee a Perfon able to receive and take it;
the Surrenderor must have an Estate in Poffeffion of
the Thing furrendered, and not a future Right; and
the Surrender is to be made to him that hath the
next Eftate in Remainder or Reverfion, without
any Eftate coming between; the Surrenderee muſt
have a higher or greater Eltate in his own Right,
and not in the Right of his Wife, &c. in the Thing
Surrendered, than the Surrenderor hath, fo that the
Eftate of the Surrenderor may be drown'd therein; O all People to whom thefe Prefents shall come,
(for if Leffee for Life furrender to him in Remainder A. B. of, &c. fendeth Greeting: Whereas the
for Years, &c. it is a void Surrender) there is to be faid A. B. is poffeffed of and interested in one Meffiage or
a Privity of Eftate between the Surrenderor and Sur- Tenement called D. and all thofe Lands containing, &c.
renderee; and the Surrenderee must be fole feifed of fituate, lying and being in, &c. for the Remainder of a
his Eſtate in Remainder or Reverſion, and not in certain Term of twenty-one Years, the Reverfion where-
Jointenancy; and the Surrenderee agree to the Sur- of doth belong to C. D. of, &c. Now know ye, That
render, &c. 1 Inft. 338. Perk. 584, 588. 2 Roll. Abr. the faid A. B. for and in Confideration of the Sum
494. Noy's Max. 73. A Man who hath a Fee-fimple of, &c. to him in Hand paid by the Said C. D.
Eſtate cannot furrender it, becauſe it can't be drown'd the Receipt whereof the faid A. B. doth hereby confess and
in another Eftate. 12 H. 4. 21. And if a Leafe be acknowledge: He the faid A. B. bath furrendered and
made for Life or Years to A. the Remainder for yielded up, and by thefe Prefents doth furrender and yield
Life to B. Remainder in Fee-tail to C. and the firft up unto the faid C. D. his Heirs and Aligns for ever, all
Tenant Surrenders to C. this will not take Effect as the faid Meffuage or Tenement, Lands and Premiffes
a Surrender, by Reafon of the intervening Eftate. above-mentioned, and all the Eftate, Right, Title, In-
Dyer 112.
The Leffee for Life or Years, may tereft, Term of Years, Claim and Demand whatsoever of
Surrender to him that is next in Remainder in Fee-him the faid A. B. of, in and to the faid Premiffes, and
fimple or Fee-tail: And if Leffee for Life Surrenders
his Eftate to one in Remainder, that is Tenant for
his own Life; it is a good Surrender, for a Man's
Eftate for his own Life in Judgment of Law, is
greater than that for another's. And where an
Eſtate is furrender'd for Life, there needs no Livery
and Seifin, as in a Grant. 1 Inft. 338. Dyer 251, 280.
Yet in fome Cafes an Eftate, &c. may have Con-
tinuance, though it be furrendered; as where Leffee
And by Statute, no Eftates of Freehold, or of Terms
for Years, fhall be granted or surrendered but by
Deed in Writing, figned by the Parties, or unlefs
by Operation of Law, &c. 29 Car. 2. c. 2. Sce
Leafes, and 4 Geo. 2. Surrenders of Copyhold Eftates,
fee Copybold.
•
Form of a Surrender of Lands held for Term of Years.
T
every Part thereof, with the Appurtenances; fo that nei-
ther be the faid A. B. his Executors, Adminiftrators cr
Affigns, or any of them, shall or may have, claim, chal
lenge or demand the faid Premiffes, or any Part thereof,
or any Eftate, Right, Title or Intereft, of in and to the
fame, but shall at all Times hereafter, of and from all
Right, Title and Intereft, of and in the faid Premiffes,
and every Part thereof, be barred and for ever excluded
by thefe Prefents: And the faid A. B. for himſelf, his
Executors,
SU
SU
Executors, Adminiftrators and Affigns, doth covenant and
grant to and with the faid C. D. his Heirs and Affigns,
that he the faid C. D. his Heirs and Affigns, shall and
may at all Times hereafter peaceably and quietly enter
into, have, hold, occupy, poffefs, and enjoy, all and fin-
gular the faid Meffuage or Tenement, Lands and Pre-
miſſes abovementioned, and every Part thereof, with the
Appurtenances, without the Let, Trouble, Hinderance,
Moleftation, Interruption or Denial of him the faid A. B.
bis Executors, Adminiſtrators or Aſſigns, or of any other
Perfon or Perfons whatsoever, claiming, or to claim, by
from, or under him. In Witneſs, &c.
J. K. holds for her Widowhood, a Piece of Ground cal
led, &c.
L. M. bolds, &c.
Examined by G. F. Gent.
Steward of the faid Manor.
Surveyor, (Compounded of two Fr. Words, Sur,
i. e. Super Voir, Cernere) Signifies one that hath
the Overſeeing or Care of fome great Perfon's Lands
or Works: And there was a Court of Surveyors erected
by 33 Hen. 8. c. 39.
Surveyor of the King's Exchange, An ancient
Officer belonging to the Mint and Coinage, men-
Ationed in the Statute 9 Hen. 5. cap. 4.
Surrender of Letters Patent, and Offices.
Surrender may be made of Letters Patent to the
King, to the End he may grant the Eftate to whom
he pleafes, c. And a fecond Patent for Years,
to the fame Perfon, for the fame Thing, is a Sur-
render in Law of the first Patent. 10 Rep. 66. Let-
ters Patent for Years were delivered into the Chan-
cery to be cancelled, and new Letters Patent made
for Years; but the firft were not cancelled: It was
held that the fecond were good, becauſe they were
a Surrender in Law of the firft, and the not cancel-
ling was the Fault of the Chancery, which ought
to have done it. 10 Rep. 66, 67. 2 Lill Abr. 545.
If an Officer for Life accepts of another Grant of
the fame Office, it is in Law a Surrender of the firft
Grant: But if fuch an Officer takes another Grant
of the fame Office to himſelf and another, it may
be otherwife. Ventr. 297. 3 Cro. 198. Sce Dyer
167, 198. Godb. 415.
Surrogate, (Surrogatus) Is one that is fubftituted
or appointed in the Room of another; as the Biſhop
or Chancellor's Surrogate, &c.
Surveyor General of the king's Manos and
Lands, We read of in Cromp. Jurifd. 106.
Surveyor of the Baby, An Officer appointed
over all Stores; and to Survey Hulls and Mafts of
Ships, &c. Chamberl.
Surveyor of the King's Didinance, This Officer
furveys the Ordinance and Provifions of War, allows
Bills of Debt, and keeps the Checks on Labourers
Works, &c.
Surveyor of the Wards and Liveries, Taken
away with the Court of Wards and Liveries.
Car. 2. c. 24.
12
Survivor, (From the Fr. Survivre, and Lat. Su-
pervivo) Is the longer Liver of two jointenants, or
of any two Perfons joined in the Right of a Thing:
He that remaineth alive, after others be dead,
Broke 33. Where there are Jointenants in any Thing
when one dies, (if but two only) the Whole goes
to the Survivor; but if there be more than two,
then the Part of him who is dead goes amongſt all
The Survivors. 2 Lill. Abr. 546. Jointenants take by
Surlife, (Superfifa) A Word fpecially ufed in the Survivorship, unless they do any Act whereby the
Cattle of Dover, for Penalties and Forfeitures laid Jointure is fevered; for then there can be no Sur-
upon thoſe that pay not the Duties or Rent of Caftle-vivorship. Wood's Inft. 147. See Fointenant.
ward, at their Days limited. Stat. 32 H. 8. cap. 40.
It probably comes from the Fr. Surfift, i. e. forbore
or neglected. Brit. 52. And Bracton hath it fo in a
general Signification. Bract. lib. 5.
Sulana Terræ, Is faid to be Land worn out with
Ploughing. Thorn.
Sufceptor, (Lat.) An Undertaker or Godfather,
alfo a Receiver of Tribute in the Roman Provinces
Litt. Dict.
Survey, Is to meaſure, lay out, or particularly
deſcribe a Manor, or Eſtate in Lands; and to af Sufpenfe, (Sufpenfio) Is a temporal Stop, or
certain not only the Bounds and Royalties thereof, hanging up, as it were, of a Man's Right, for a
but the Tenure of the refpective Tenants, the Rent Time; and in legal Underſtanding, is taken to be
and Value of the fame, &c. In this laft Significa. where a Rent, or other Profit out of Land, by rea-
tion, which is according to our Law, it is alfo un- fon of the Unity of Poffeffion of the Rent, &c.
derſtood to be a Court; for on the Falling of an E- and the Land out of which it iflues, is not in eſſe
ſtate to a new Lord, confifting of Manors, where for a certain Time, Et tunc dormiunt, but may be
there are Tenants by Leafe, and Copyholders, a revived or awaked: And it differs from Extinguish-
Court of Survey is generally held; and fometimes atment, which is when it dies
or is gone for ever.
other Times, to apprife the Lord of the prefent Lit. 213. A Sufpenfion of Rent is, when either the
|
Terms and Interefts of the Tenants, and as a Di- Rent or Land are to conveyed, not abfolutely and
rection on making further Grants, as well as in finally, but for a Time, after which the Rent will
Order to Improvements, &c. See my Comp. Court-be revived again. Vaugh. 109. A Rent may be
Keep.
A Survey of the Manor of D. in the County of
G. belonging to the Honourable W. B. Efq; Taken
this Day of, &c. in the Year, &c.
A.
B. of, &c. holds by Leafe for his Life, and the
Lives of T. B. and C. B. his Son, one Mef-
Suage, and twenty Acres of Land, Meadow and Pafture,
fituate in, &c. within the faid Manor, under the yearly
Rent of 208.- -20 1. per Ann.
C.Ď. holds by Copy of Court-Roll for his own Life and
the Lives of M. his Wife and C. his Son (all of them li-
ving) one Meffuage or Tenement with the Appurtenances
within the faid Manor, called, &c. Quit-Rent 30 s.
Heriot 31. 30 1. per Ann.
E. F. holds by Copy for the Lives of K. his Wife and
T. bis Son, one Tenement within the faid Manor, Rent
10 s. Heriot, &c.
15 l. per Ann.
G. H. holds for the Term of his own Life, one Cottage
with the Appurtenances, Quit-Rent 5 s. 10 1. per
Ann.
Co.
fufpended by Unity for a Time; and if a Leffor
doth any Thing which amounts to an Entry on the
Land, tho' he prefently depart, yet the Poffeffion
is in him fufficient to fufpend the Rent, until the
Leffee do ſome A&t which amounts to a Re-entry.
Vaugh. 39. 1 Leon. 110. As Rent is not iffuing out
of a Common, the Leffor's Inclofing the Common
cannot fufpend his Rent. Cro. fac. 679. If Part of a
Condition is fufpended, the whole Condition, as well-
for Payment of the Rent, as doing a collateral A&,
is fufpended. 4 Rep. 52. And a Thing or Action per-
fonal once fufpended, is for ever fufpended, &c. Cro.
Car. 373. See Extinguiſhment.
Sufpenfion, A Cenfure whereby Ecclefiaftical Per-
fons are forbidden to exercife their Office, or to
take the Profits of their Benefices; or where they
are prohibited for a certain Time in both of them,
in the Whole or in Part: Hence is fufpenfio ab Offi-
cio, or fufpenfio à Benefuio, and ab officio & Beneficio.
Wood's Inft. 510. There is likewife a Sufpenfion
which relates to the Laity, i. c. fufpenfio ab Ingreffu
Ecclefia, or from the Hearing of divine Service,
Esa co
I
S W
S W
In which Cafe it is uſed as in the Canon
Law, pro minori Excommunicatione. Stat. 24 Hen. 8.
cap. 12.
هم
Sulpicion, A Perfon may be taken up on Sufpi-
cion, where a Felony is done, &c. but thofe who
are impriſon'd for a light Sufpicion of Larceny or
Robbery, are bailable by Statute. 2 Hawk. P. C.
2 Hawk. P. C.
IOI. And the Party being a private Perfon, that
takes up one on Sufpicion of Felony, muft do it of
his own Sufpicion, not upon that of another; and he
muſt have reaſonable Caufes of it, &c. 2 Hale's Hift.
P.Ĉ. 78.
..
+
his Witnefs do not deceive him; for if it be not ſo
paid, he fhall pay a great Forfeiture, viz. xxx s.
and a White Bull: This Account was found in an
old MS. containing the Rents due to the Catesby's
in Lodbroke, and other Places in Warwickshire. Sce
Warth-Money.
•
Swath, (Sax. Swaiha) A Swathe, or as in Kent
a Sweath, and in fome Parts a Swarth, is a trait
Row of cut Grafs or Corn, as it lies after the
Scithe at the firft Mowing of it.
Paroch. Antiq.
399.
Swearing, (Imprecatio) Is an Offence againft
Sufpiral, (From the Lat. Sufpirare, i. c. ducere God and Religion, and a Sin of all others the moſt
Sufpiria) Is uſed for a Spring of Water, paffing un-extravagant and unaccountable, as having no Be-
der Ground towards a Conduit or Ciftern. 35 H. 8.nefit or Advantage attending it. There are feveral
cap. 10.
good Laws and Statutes for puniſhing this Crime:
Suthdure, (Sax.) i. e. The South Door of athe 21 Fac. 1. cap. 20. enacts, That if any Perfon
Church; it was the Place where Canonical Purga- fhall profanely fwear or curfe in the Prefence of
tion was perform'd, that is, where the Fact charged a Juftice of Peace, or the fame fhall be prov'd be
upon a Perfon could not be proved by fufficient E-fore a Juftice, he fhall forfeit 1. for every Of
vidence, and the Party accufed came to the South fence, to the Ufe of the Poor, to be levied by Di-
Door of the Church, and there in the Prefence of
the People made Oath, that he was innocent: And
Plaints, &c. were heard and determined at the
Suthdure; for which Reaſon large Porches were an-
tiently built at the South Doors of Churches. Gervaf.
Dorob. de Reparation. Ecclefia Cantuar.
:
ftrefs; and for Want of a Diftrefs, the Offender to
be fet in the Stocks, c. This Law is altered by
the Stat. 6 & 7 W. 3. cap. 11. which confines the
Forfeiture of 1s. to Servants, Labourers, common
Soldiers and Seamen; and by this latter Law the
Penalty is 1s. for the first Offence, for the Second
double, and for the third Offence treble; and
every Perfon, not being a Servant, Labourer, &c.
+
Swan, (Cygnus) Is a noble Bird of Game; and a
Perlon may prefcribe to have Game of Swans, with
in his Manor, as well as a Warren, or Park.fwearing and curfing, fhall forfeit for the firit Of-
7 Rep. 17, 18. A Swan is a Bird Royal; and all fence 2 s. for the Second and Third, double and
white Swans not marked, which have gain'd their treble, &c. to be levied by Distress and Sale of
natural Liberty, and are ſwimming in an open and Goods; and if there be no Diftrefs, the Offender
common River, may be feifed to the Ufe of the fhall be put in the Stocks one Hour, or two Hours
King, by his Prerogative: But a Subject may have if for more Offences than one, provided he be above
a Property in white Swans not mark'd; as any Man fixteen Years of Age; for if he is under that Age,
may have fuch Swans in his private Waters, and he fhall be punished with Whipping: The Profecu-
the Property of them belongs to him, and not the tion is to be in ten Days after the Offence; and Con-
King; and if they escape out of his private Waters,viction before a Juttice by Confeffion, or Oath of
into an open and common River, he may retake
them; though it is otherwife if they have gain'd
their natural Liberty and fwim in open Rivers,
without ſuch Purfuit. Game Law, par. 2. p. 152.
Stealing Swans mark'd and pinion'd, or unmark'd,
if kept in a More, Pond, or private River, and re-
duc'd to Tamenefs, is Felony. H. P. C. 68. And
he that fteals the Eggs of Swans out of their Nefts,
fhall be imprifon'd a Year and a Day, and be fined
at the King's Pleaſure. 11 Hen. 7. cap. 17. No Fowl
can be a Stray, but a Swan. 4 Inft. 280.
Swanherd. The King's Swankerd, Magifter de-
du&us Cygnorum. Pat. 16 R. 2.
Swan-mark, No Perfon may have a Swan mark,
except he have Lands of the yearly Value of five
Marks, and unleſs it be by Grant of the King or his
Officers lawfully authorized, or by Preſcription.
Stat. 22 Ed. 4. c. 6.
Swanimote or Swainmote, (Swainmotus, from
the Sax. Swang. i. e. a Country Swain, and Gemote,
i. Conventus) Signifies a Court touching Matters of
the Foreft, held by the Charter of the Foreft thrice
in the Year, before the Verderors as Judges. Cromp.
Furifd. 108. 3 Hen. 8. c. 18. The Swainmote is a
Court unto which all the Freeholders in the Foreft
do owe Suit and Service; and all the Officers of
the Foreft are to appear at every Swainmote, alfo
out of every Town and Village in the Foreft four
Men and a Reeve; or on Default, fhall be amerced
and diſtrained. Game Law, par. 2. 19, 20. A Court
of Swainmote is incident to a Foreft, as the Court
of Piepowder to a Fair, &c. Chart. Fosseft. Hen. 3.
See Foreft.
Swarff-Money, Is mentioned among Cuſtoms
and Services: And this Swarff Money is one Half
peny, paid before the Rifing of the Sun; the
Party must go three Times about the Crofs, and
fay the Swarf Money, and then take Witness and
lay it in the Hole; and he is to look well that
one Witnefs, &c. The Juftice is to regiſter in his
Book all Convictions upon this Statute, and certify
them to the Quarter-Seffions; and neglecting his
Duty in putting the Act in Execution, he shall for-
feit 51. And Parfons are to read this A&t in their
Churches the next Sunday after every Quarter-day
yearly, immediately after Morning Prayer, under
the Penalty of 20s. Mod. Just. 432. A Conviction
on the Stature 6 & 7 W. 3. againſt profane Swearing,
not fetting forth that the Defendant was not a Ser-
vant, Labourer, &c. and the Oaths, that the Court
might judge of the Nature of them, for thefe Rea-
fons the fame was Quafhed; tho' the Counſel for
the Plaintiff infifted that the Information was good;
for if the Defendant was a Servant, &c. he ought to
have given it in Evidence at the Trial. Mub. 8
Geo. 1. Mod. Caf. in L. & E. 58, 59.
Sweets, Made in Great Britain for Sale, are lia-
ble to a Duty of Excife, &c. See Excife.
Swepage, Or the Swepe, is the Crop of Hay got
in from a Meadow. Co. Litt. 4.
Swoling of Land, (Solinga, vel Swolinga Terra,
in Sax. Sulung, from Sul, aratrum, as to this Day
in the Weft Country a Plow is called a Sul) Is as
much as one Plough can Till in a Year: A Hide of
Land; though fome Writers fay it is an uncertain
Quantity. Terram Trium Aratrorum, quam Can-
tiani Anglice dicunt Three Swolings. Chart. Ecclef.
Cantuar.
Sworn Brothers, (Fratres Furati) Perfons who
by mutual Oath, covenanted to share each other's
Fortune: And formerly in any notable Expedition,
to invade and conquer an Enemy's Country, it was
the Cuftom for the more eminent Soldiers to ingage
themselves by reciprocal Oaths 10 fhare the Reward
of their Service; fo in the Expedition of William
Duke of Normandy into England, Robert de Oily, and
Roger de Ivery were fworn Brothers and Copartners
in the Eſtate, which the Conqueror allotted them.
9 B
Ro-
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TA
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Robertus de Oilcio & Rogerus de Iverio Fra
tres jurati, & per Fidem & Sacramentum Confoederati
venerunt ad Conqueftum Anglia. Paroch. Antiq. 57. This
Practice gave Occafion to our Proverb of Sworn Bro-
thers, or Brethren in Iniquity; becauſe of their divi-baer, fignify all a Kind of Garment, &
ding Plunder and Spoil.
Tabert antiently fignified a fhort Gown that reached
not farther than the Middle of the Leg; and it re-
mains for the Name of fuch in Germany and other
Countries, which with the Teutonick and Saxon Ta-
Sylva cædua, Underwood, otherwife called Sub-
bois. 2 Inft. 642. Seo Silva Cadua.
Symbolum, Is a Symbol, or Sign in the Sacrament;
and the Creed of the Apoftles, is often called by
this Name by our Hiftorians.
Syncopare, A Word ufed in feveral Ecclefiafti-
cal Councils and Synods, fignifying to cut fhort or
pronounce Things fo as not to be understood. Synod.
Wigorn. cap. 10.
Syndicus, An Advocate, or Patron; a Bur-
gefs or Recorder of a Town, &c. Matt. Parif. Anno
1245.
Spugraph, (Syngraphus) A Deed, Bond or Wri-
ting, under the Hand and Seal of all the Parties;
and it was the Cuſtom for both the Debtor and
Creditor, in Writings Obligatory, to write their
Names and the Sum borrowed on a Piece of Pa-
per, with the Word Syngraphus in large Letters in
the Middle; which being cut through, one Part of
the Paper was delivered to cach Party, for their
better Security, &c. See Chirograph.
Tabardum, A Garment like a Gown ;,and uſed
for a Herald's Coat, but generally taken for the
Fratres facerdotes
Gown of Ecclefiafticks.
de, &c. habeant unam Robam integram, Tunicam, fuper-
tunicam, Tabardum & capucium nigri Coloris. Matt.
Parif. 164.
Tabellion, (Tabellio) A Notary Publick or Scri-
vener, allowed by Authority, to ingrofs and re-
gifter Writings, &c. His Office in fome Countries
did formerly differ from that of Notary, but now
they are grown or made one. Matt. Parif. Anno
1236.
Table-Rents, (Redditus ad Menfam) Were Rents
paid to Bishops, &c. referved and appropriated to
their Table or Houfe-keeping. See Bord-land.
Tabling of Fines, Is the Making a Table for
every County, containing the Subftance of Fines
paffed; as the Name of the County, Town or
Place where the Lands or Tenements lie, the
Name of the Demandant and Deforceant, and of
the particular Lands, &c. mentioned in the Fine:
This is properly to be done by the Chirographer of
Synod, (Synodus) A Meeting or Affembly of Ec- Fines of the Common Pleas, who every Day of the
clefiaftical Perfons concerning Religion; being the next Term after the Ingroffing any fuch Fine, doth
fame Thing in Greek, as Convocation in Latin: And fix the faid Tables in fome open Place of the faid
of Synods there are four Kinds, ift, A General or Court during its Sitting; and he alfo delivers to
Univerfal Synod or Council, where Bifhops of all the Sheriff of each County, his Under-Sheriff or
Nations meet. 2dly, A National Synod, of the Deputy, fair written in Parchment, a perfect Con-
Clergy of one Nation only. 3dly, A Provincial tent of the Table fo made for that Shire, in the
Synod, where Ecclefiaftical Perfons of a Province Term next before the Affifes, or between the Term
only affemble. 4thly, A Diocefan Synod, of thofe and Affifes, to be fet up at the Affifes in an open
of one Dioceſe, &c. And our Saxon Kings ufually Place of that Court, and continue there fo long as
called a Synod or mix'd Council, confifting of Ec- the Juftices fhall fit, &c. And if either the Chiro-
clefiafticks and the Nobility, three Times a Year;grapher or Sheriff fail herein, they fhall be liable
which is faid to have been the fame with our Parto the Penalty of 51. Stat. 23 Eliz. c. 3.
Tabula, and Intabulati of Perfons, &c. in Cathe-
liament.
dral Churches. Vide Ebdomadarius.
Synodal, (Synodale) Is a Tribute or Payment in
Money, paid to the Bishop or Archdeacon, by the Tac or Tak, Cuftumarius in Bosbury debet quaf
inferior Clergy, at Eafter Vifitation; and it is called dam Confuetudines, viz. Tak & Toll, &c. Blount's
Synodale or Synodaticum, quia in Synodo frequentius Ten. 155.
dabatur. Right. Clerg. 59. They are likewife termed Tacfree, Is ufed in old Charters, as an Exemp-
Cum Housbold &
Synodies, in the Stat. 34 Hen. 8. cap. 16. And fome-tion from Payments, c.
times Synodale is ufed for the Synod it felf; and Sy- Haybold & Tacfree de omnibus propriis Porcis fuis
nodals Provincial, the Canons or Conftitutions of a infra omnes metas de C. that is, they paid nothing for
Provincial Syncd. 25 Hen. 8. cap. 19.
their Hogs running within that Limit.
Synodales Ceftes, Were the urban and rural Cautare, For Confirmare. Fleta, lib. 2. c. 61.
Deans, whofe Office at firft was to inform of and Tail, (Fr. Taille, from Tailler, to cut or limit,
atteft the Diſorders of the Clergy and People in Lat. Feodum Taliatum) Is a limited Fee, oppofed to
the Epifcopal Synod; and for which a folemn Oath Fee-fimple: It is that Inheritance whereof a Man
was given them to make their Prefentments, &c. is feifed to him and the Heirs of his Body, begotten
But when they funk in their Authority, the Synodi- or to be begotten: And he that giveth the Lands in
cal Witneffes were a Sort of impanelled Grand Tail, is called the Donor, and he to whom the Gift
Jury, compofed of a Prieft and two or three Lay- is made, the Donee. Litt. 18. All Eftates of Inheri
men of every Pariſh, for the Informing of or Pre-tance were originally Fee-fimple by the Common
fenting Offenders; and at length two principal Law; but by the Statute de Donis Conditionalibus the
Perfons for each Dioceſe were annually chofen, till Inheritance was divided, and a particular Eftate
by Degrees this Office of Inqueft and Information
was devolved upon the Church-wardens. Paroch. An-
tiq. 649.
Synonymous, A Thing of the fame Name; or
of the like Signification. Litt. Dia.
T.
Abacum, Herba ab Infula Tabaco, ubi copiofe
Tprovenit;
provenit; qui primus eam ex India ad nos ad
duxit, ſee Tobacco.
Tabard, Tabarder, The Bachelor Scholars on the
Foundation of Queen's College Oxford, are called Ta-
biters or Tabarders; and thefe Scholars were named
Tabiters, from a Gown wore by them, called a Ta-
bert, Tabarr, or Tabard: For Verstegan tells us, that
created by Statute in the Donee, which is what is
called an Eftate-tail, i. e. an Eftate cut and divided
from the Fee-fimple; which Eftate is to return to
the Donor or his Heirs, after the Determination of
the Tail. 3 Nelf. Abr. 266. Before the Statute of
Weftm. 2. 13 Ed. 1. If Lands were given.to a Man
and the Heirs of his Body, it was interpreted to be
a Fee-fimple prefently by the Gift, upon Condition
that he had Iffue; and if he had Iffue, the Condi-
tion was fuppofed to be perform'd for three Pur-
by
pofes, viz. to alien and difinherit the Iffue, and by
the Alienation to bar the Donor or his Heirs of all
Poffibility of the Reverfion; to forfeit the Eftate
for Treafon or Felony ; and to charge it with Rent,
&c. But by this Statute, the Will and Intention of
the Donor is to be obſerv'd; as that the Tenant in
Tail fhall not alien after Iffue had or before, or for-
feit
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feit or charge the Lands longer than for his own
Life, &c. and the Eltate fhall remain to the Iffue
of the Donec, or to the Donor or his Heirs where
there is no Iffue; fo that whereas the Donce had a
Fee-fimple before, now he had but an Estate-tail,
and the Donor a Reverfion in Fee expectant upon
that Eftate-tail. Co. Litt. 19. In this Manner it con-
tinued fome Time, though daily Experience fhewed
that much Miſchief had crept into the Law by in-
tail'd Inheritances, as Frauds to Creditors, &c. and
Sons became disobedient when they found they
could not be difinherited; wherefore the Judges
found out a Way to bar an Eſtate-tail, with Re-
mainders over, by a feigned Recovery. Ann. 12 Ed. 4
And fince by a Fine to bar the Iffue, by 4 Hen. 7.
cap. 20. and 32 Hen. 8. cap. 36. And for that Own-
ers of Land held in Tail were lefs fearful to commit
Treaſon on Account of the eafy Forfeiture; there-
fore the Stat. 26 Hen. 8. cap. 13. was made; and be-
cauſe Men that had intailed Lands, could not make
Improvements, their Eftate being only for Life; for
this Reaſon the Stat. 32 Hen. 8. cap. 18. gave them
Power to make Leafes for twenty-one Years, or
three Lives, &c. And notwithstanding the many
Miſchiefs and Inconveniencies arifing from intailed
Eftates, and the Statutes before mentioned, and
Fines and Recoveries to dock Intails; there are
Methods obſerved in Settlements to limit Eftates,
that no Law or Statute, can reach or alter them,
except a particular A&t is made for that Purpoſe.
Wood's Inft. 122. The Statute de bonis creates no In-
tail, but of fuch an Eftate which was a Fee-fimple
at the Common Law; and defcendible as a Fee-
fimple. 1 Inft. 19. Lands of Inheritance, and all
Inheritances favouring of the Realty, may be in-
tailed; fo Rents, Profits, Offices, Dignities, &c.
which concern Lands, or certain Places: But if the
Grant of an Inheritance be merely perfonal, or ex-
erciſed with Chattels only; it cannot be intailed.
4 Inft. 87. 7 Rep. A Grant of an Annuity, to a Man
and the Heirs of his Body, is void: And a Leafe
for Years to a Perfon and the Heirs of his Body, is
alfo void; though an Affignment may be made of
a Leafe for Years, in Truft to permit the Iffue in
Tail to receive the Profits; which is in Effect an
Eftate-tail. 10 Rep. 87. Eftates-tail of Lands, are
General, or Special; General Tail is where Lands or
Tenements are given to a Man and the Heirs of his
Body begotten; or to a Woman and the Heirs of
her Body begotten: In this Cafe, it is called a ge-
neral Tail, becauſe whatever Woman the Man ta-
keth to Wife, the Iffue may inherit the Lands; and
whatſoever Man the Woman takes to Husband, the
Iffue may inherit; or if the have divers Husbands,
and have Iſſue by every of them, they fhall inherit
one after another, as Heir of her Body: Special
Tail is when Lands and Tenements are given to a
Man and his Wife, and to the Heirs of their two
Bodies begotten; in which Cafe, no other Perfons
can inherit but the Iffue that are begotten by him
on that particular Wife; and it is called Special
Tail, for that if the Wife die, and the Husband mar-
ries a ſecond Wife, by whom he hath Iffue, fuch If
fue has no Benefit, as they have by the general Tail.
Litt. 14, 16. Co. Litt. 19, 20. If Lands are given
to the Husband and Wife, and to the Heirs of their
Bodies, both of them have an Estate in fpecial Tail;
by Reafon of the Word Heirs, for the Inheritance, is
not limited to one more than the other: Where
Lands and Tenements are given to a Man and his
Wife, and to the Heirs of the Body of the Man,
the Husband bath an Eftate in general Tail, and
the Wife an Eſtate for Life; as the Word Heirs re-
lates generally to the Body of the Husband: And if
the Eſtate is made to the Husband and Wife, and to
the Heirs of the Body of the Wife by the Husband
begotten; there the Wife hath an Eftate in fpecial
Tail, and the Husband for Term of Life only; be-
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caufe the Word Heirs hath Relation to the Body
of the Wife, to be begotten by that particular Huf-
band: If an Estate be limited to a Man's Heirs
which he fhall beger on his Wife, it creates a ſpecial
Tail in the. Husband; but the Wife will be intitled
to nothing, &c. Litt. 26, 28. Co. Litt. 22, 26.
Lands given to a Man and Woman unmarried, and
to the Heirs of their Bodies, will be an Eftate in
fpecial Tail; for they may marry. 1 Inft. 25.
Rep. 50. And tho' Lands are given to a married
Man and another Man's Wife, and the Heirs of their
two Bodies, it may be a good Eftate tail, for the
Poffibility of their Intermarrying. 15 Hen. 7. A
general Tail, and a ſpecial Tail, may not be created
at one and the fame Time; if they are, the Gene-
ral, which is greater, will fruftrate the Special.
1 Inft. 28. There are other Eſtates-tail within the
Equity of the Statute; as if Lands are given to a
Man and his Heirs Males or Females, of his Body
begotten, the Iffue Male or Female fhall only in-
herit according to the Limitation: By Virtue of
the Statute, here the Daughter may be Heir by
Defcent, though there be a Son: But in Cafe of
Purchaſe, there cannot be an Heir Female, where
there is a Son, who is right Heir at Law. 1 Inft. 24,
164. And whoever will make Claim, as Heir per
formam doni to an Eſtate tail, muſt make his Difcent
by fuch Heirs to whom it is limited; if it is to Heirs
Males of the Body, there the Pedigree is to be de-
rived by Heirs Males; and if it be to Heirs Females
he muſt derive it by Heirs. Females one after ano-
ther. 1 Inft. 376. If a Gift is to one, and the Heirs
Males of his Body, and he hath Iffue a Daughter,
who hath a Son, and dies; in this Cafe the Son fhall
not inherit the Eſtate tail, for he cannot make his
Difcent by Heirs Males. Ibid. And where there is
no Heir to take according to the Gift; as when If-
fues fail, the Land fhall revert to the Donor or
defcend to him that is to have it after the Eſtate-
tail is fpent. 1 Inft. 25.
ther Words amounting to it, make the Entail:
It is the Word Body, or o-
And a Gift to the Heirs Males, or Heirs Females,
without any Thing further, is a Fee-fimple Eftate,
becauſe it is not limited of what Body: And hence
a Corporation cannot be feiſed in Tail.
20, 27. In a Deviſe or laſt Will, an Eſtate-tail may
1 Inft. 13,
be created without the Word Body; also begotten
fhall be fupply'd and neceffarily intended. Noy's
Max. 101. t Inft. 26. If one gives Lands to a Man
and his Iffue, or Children of his Body, without the
Words, bis Heirs, to convey the Inheritance, he
has but an Estate for Life: Though fuch Words
may be good enough to convey the Inheritance in
a Will; as Eftates-tail by Deviſe are always more
favour'd in Law, than Eftates-tail created by Deeds.
1 Inft. 20. It has been held, that if the Word Ifue
is a Limitation, 'tis an Intail; but if 'tis by Way
of Defcription who fhall take, 'tis only an Eltate
for Life. Mod. Caf. in L. & E. 263. The Word
Heirs is neceffary to create an Eftate-tail and Inhe-
ritance by Deed; and where an Ufe was limited to
4. B. and to his Heirs Males, lawfully to be begot-
ten; thefe laft Words imply that it must be Heirs
Males of his Body, becaufe no other Heir Male can
inherit by Virtue of this Grant, but fuch who are
lawfully begotten by the Grantor. 7 Rep. 41. If a
Man makes a Feoffment to the Ufe of himself for
Life, Remainder to the Heirs Males of his Body,
this is an Estate-tail executed in him; and fo it is if
he covenanted to stand feifed in the fame Manner.
1 Mod. 159. By a Marriage Settlement and Fine
levied, &c. to the Uſe of Husband and Wife, for
their joint Lives; Remainder to the Heirs of the
Body of the Wife by the Husband to be begotten,
Remainder (the Wife furviving the Husband) to her
for Life, Remainder to the right Heirs of the Huf
band; this was held to be an Estate-tail,.executed
in the Wife. Raym. 127. 3 Salk, 338. Land is
convey'd
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convey'd to the Ufe of a Man and his Wife for Son, and his Heirs for ever; and for Want of fuch
their Lives, and after to their next Iffue Male in Heirs, then to the right Heirs of the Father; then
Tail, then to the Ufe of the Husband and Wife, and the Father died, and his ſecond Son enter'd, and
of the Heirs of their Bodies begotten, they having died without Iffue, living the eldeft Son: It was re-
no Male Iffue; by this Husband and Wife are Te- folv'd, that the fecond Son had but an Eſtate-tail,
nants in Special Tail executed, and when they have and that the Devife over by thefe Words, and for
Iffue Male, they will be Tenants for Life, Remain-want of fuch Heirs, is void in Point of Limitation,
der to their Son in Tail, the Remainder to them in for the Teftator's Intent was that the Lands fhould
Special Tail. 1 Inft. 28. Where a Perfon having an defcend from himself, and not from his fecond Son;
Eftate in Fee, conveys it by Leafe and Releaſe to and the Words, Want of fuch Heirs, could import no
the Ufe of himſelf for Life, with Remainder to other than Want of Iffue, &c. fo that the eldeſt Son
Truſtees for their Lives, and Remainder to the takes by Difcent in this Cafe, and not by the Will.
Heirs of his Body; he hath an Estate-tail in him; I Salk. 233. A Perfon deviled Land to his Wife
but he is only Tenant for Life in Poffeffion: It for Life, Remainder to his Son, and his Heirs for
would be otherwife, if there had been no interme-ever; and if he died without Heirs, the fame to
diate Eftate in the Trustees for their Lives. 2 Ld. remain to his two Daughters: In this Cafe it was
Raym. 855 A Man feifed of Land in Fee, makes held in Equity, that the Rule is, where a Remain-
a Gift of it in Tail, or Leafe for Life, Remainder der over is to one, who may be the Deviſee's Heir
to the right Heirs Males of the Body of the Donor; at Law, fuch Limitation will be good, and the firſt
this Remainder it is faid will be a Fee-fimple, and conftrued an Eftate-tail; for the Generality of the,
not an Estate-tail. Dyer 156. If the Gift or Grant Word Heirs, fhall be reftrained to Heirs of the Body,
of the Land be to . S. and his Heirs, To hold to fince the Teftator could not but know that the De
him and the Heirs of his Body, &c. here he will vifee would not die without an Heir, while the Re-
have an Estate in Tail, and a Fee fimple upon it. mainder Man, or any of his Iffue continued: But
Litt. ch. 2. 1 Inft. 21. Lands are given to two where the ſecond Limitation is to a Stranger, 'tis
Brothers, &c. and to the Heirs of their Bodies be- meerly void, and the firft is a Fee-Simple. Talbot's
gotten; during their Lives they fhall have joint E- Chan. Caf. 2. An Eftate-tail cannot merge by the Ac-
tates, fo that the Survivor will have all for his Life; ceffion of the Fee fimple to it: But it has been ad-
and after their Deaths, their Heirs have Eftates in judged, that two Fees immediately expectant upon.
general Tail, by Moieties in common one with ano- one another, (as where a Man is Tenant in Tail, and
ther. 1 Inft. 25. 1 Rep. 140. When a Remainder Remainder in Fee to the Tenant in Tail) cannot fub-
is limited to two, and the Heirs Male of their Bo- fift in the fame Perfon; and the Statute of Weftm.
dies, they have not joint but ſeveral Eftates tail: And having made Eftates-tail a Kind of particular E-
between Baron and Feme, 'tis faid feveral Moieties ftates, they muft like all other fuch Eftates be fub-
may be of an Estate tail, as well as of a Fee-fimple.ject to Merger and Extinguifhment, when united
A with the abfolute Fee. 8 Rep. 74. I Salk. 338. If
Cro. Eliz. 220. Moor 228. 2 Lill. Abr, 551.
Feoffment was made to the Ufe of the Feoffor for there be Tenant in Tail, Remainder in Tail, and
Life, Remainder to W. R. his Son and his Heirs; Tenant in Tail enfeoffs the Reverſioner in Fee; it
and for Want of Iffue of him, Remainder to the is a Difcontinuance: And Tenants in Tail can make
right Heirs of the Feoffor; adjudged W. R. hath no greater Eftate than for their own Lives; unleſs
only an Estate in Tail; for though the first Words it be by Leafe, &c. according to the Stat. 32 H. 8.
of the Sentence, viz. to his Son and his Heirs, make 1 Rep. 140. If Tenant in Tail Bargain and Sell
a Fee fimple, the fubfequent Words in the fame Lands to another and his Heirs, or make a Leafe
Sentence, i. e. and for Want of Iffue of him, make and Releafe to the Ufe of himſelf for Life, with
an Eftate-tail by qualifying and abridging the fame. Remainder over to another, &c. Thefe Eftates
5 Mod. 266. 3 Salk. 337. Feoffment to the Ufe of may be avoided by Entry of the Iffue in Tail. Far-
a Man's Self; and afterwards he made his Will, refl. Mod. Ca. 23, 28. Eftates-tail are ufually created
by which he deviſed that the Feoffees fhould make upon Settlements: Though an Agreement to intail,
an Eftate to all his Sons, except to Henry; and if is no Intail; for no Agreement fhall bind the Iffue
all his Sons died without Iffue, Remainder to a in Tail, where there is a firft Intail, without a Fine.
Stranger: It was held, that becaufe Henry was not Chanc. Rep. 236. It is incident to an Eftate-tail, to
excepted in this laft Claufe, he had an Eftate-tail. be difpunishable of Wafte; that the Wife of the
Hetl. 57. Though an Eftate-tail is created by the Donee fhall be endowed; and the Husband of a
Words Dying without Iffue, &c. yet where the Li-Feme Donee, be Tenant by the Curtefy; and that
mitation is to a Son upon a Dying without Iffue, in the Tenant in Tail may fuffer a common Recovery,
the Life-time of another, there it will be otherwife. &c. and therefore Conditions to reftrain any of theſe,
Dyer 334. If a Perfon gives Lands to A. for Life, are void. 1 Inft. 224. 10. Rep. 38. As by Statute it
and after his Death without Iffue, then to another is incident to Eftates-tail, to make Leafes; fo by
Perfon; tho' here is an exprefs Eltate for Life given Cuftom, it is to grant Lands by Copy of Court-Roll,
to A. the ſubſequent Words make an Eltate tail: c. See Recovery:
But where Lands are deviſed to A. during Life, the
Tail after Pollibility of Jilue extin&, Is where
Remainder to Trustees, Remainder to his firft Son, Lands and Tenements are given to a Man and his
c. and if 4. dies without Iffue, then, &c. The Wife in fpecial Tail, and either of them dies with-
Limitation upon the Devifee's Death, 'tis faid will out Iffue had between them; the Survivor hath an
not give an Estate in Tail to A. but it fhall be here Eftate in Tail after Poffibility of 1fue, &c. Alfo if they
intended, that if he died without having a Son. 1 P. have Iffue, and the illue dies without Iffue, where-
Williams 605. A Father having two Sons, devifed his by there is none left which may inherit by Force
Lands to his youngest Son, and if he died without of the Intail, the Survivor of the Donees hath an
Heirs, then to his eldeft Son and his Heirs; the Eftate-tail after Poffibility. Litt. 32. The Eftate of
youngest Son had an Eftate-tail, becauſe the De this Tenant must be created by the Act of God, viz.
vife to him, and if he died without Heirs, is the by the Death of either Party without Iffue; none
fame as if the Teftator had devifed it in thefe can have this Eftate but one of the Donees, or a
Words, (viz.) If he die without Heirs of his Body; Donee in fpecial Tail; for a Donee in general Tail
for otherwife the Remainder limited to the eldeft may by Poffibility have Iffue. Litt. 34. 1 Inft. 28.
Son had been void, as the Youngest cannot die with- 11 Rep. So. And if one gives Lands to a Man and
out Heirs, fo long as the Eldeft is living. 1 Roll his Wife, and the Heirs of their two Bodies in fpe-
Abr. 836. In Ejectment the Cafe was, the Father cial Tail, and they live till each of them are one
having three Sons, devifed his Lands to his fecond] hundred Years old, and have no Iffue; yet doth the
!
2
Law
TA
TA
Law fee no Impoffibility of having Children, and
they continue Tenant in Tail: But if the Wife die
without Iffue, there the Law feeth an apparent Im-
poffibility. 1 Inft. 28. Tenants in Tail after Poffi-
bility of Iffue extin&t, are not puniſhable for Wafte;
as are Tenants for Life: But fuch Tenants, or Te-
nants by the Curtefy, &c. may not fuffer a Recovery.
And though they have more Privileges than Tenant
for Life hath; as if they alien the Land, he in
Reverfion cannot have a Writ of Entry in Cafu Con-
fimili; and they need not require Aid, &c. Yet as
to the Quantity of their Eftates, they have no Pri-
vilege above Eftates for Life: For if fuch Tenant in
Tail after Poffibility, make a Feoffment of his Land,
he in Reverſion may enter for the Forfeiture, &c.
1 Inft. 27, 28. 9 Rep. 139. Litt. Sect. 34. A Tenant
in Tail cannot be feiſed to any Ufe exprefs'd; for
his Eftate is fo fixed, that none can execute the
Uſe: And where Tenants in Tail general or ſpecial,
&c. die without Iffue, the Donor or his Heirs may
enter. Fenk. Cent. 195. Litt. 18. If Tenant in Tail
in Remainder, be attainted of Treafon, &c. the
King fhall have the Land; for it may not be in A-
beyance, nor in any other, he not being dead, but
in Law: The Chief Lord cannot have it, by reafon
the Tenant for Life is alive; fo neither he that is in
Reverfion, &c. and it cannot Revert, before the
Tenant in Tail die without Iffue. 2 Leon. 123. Vide
Stat. 10 Geo. 2. c. 26.
j
Taínt, (Fr. Teint, i. e. Infectus, Tinctus) Is taken
fubftantively for a Conviction; or adjectively for
Perfon convicted of Treafon or Felony. See Attaint.
Talent, A Weight of Sixty-two Pounds, alfo a
Sum of Money among the Greeks, of about 100 7.
Value. Merch. Dict.
fuch of the Jurors as were wanting of the Number
of Twelve, and is not to make a new Jury. 2 Lill.
Abr. 252. If but one Juror appears on the Princi-
pal Panel, the Court may order a Tales by the Star
tute 35 H. 8.10 Rep. 102. And if upon a Habeas
Corpora, or a Diftringas Jur. none of the Jury appear,
it is faid a Decem Tales fhall be awarded: But it
fhall not be had upon a Venire fac. Cro. Eliz. 502.
Moor 528. See Dyer 245. 2 Roll. Rep. 75. At the
Affifes, one of the Principal Panel appeared, and
no more, and a Tales was awarded, the Title where-
of was Nomina Decem Talium, and under it Eleven
were return'd; this was notwithstanding held good;
for it is only a Mifprifion of the Clerk, and Desem
was ftruck out, and then the Title was Nomina Ta-
lium, &c. And it was adjudg'd, that if after a Ta-
les granted, the Principal Panel fhould be quafhed,
the Tales fhould ftand good, and more be added,
&c. 4 Rep. 103. 2 Cro. 316. 3 Nelf. Abr. 215.
A
Day being appointed for a Trial at Bar, the Sheriff
of the County by Order of the Plaintiff counter.
manded the Jurymen; but the Defendant did not
know it; whereupon he and Three of the Jury ap-
pear'd on the Day, and the Defendant pray'd a Ta-
les that the Trial might go on; though the Court
would not grant it, but offer'd to nonfuit the Plain-
tiff on Record, and directed that the Defendant
fhould contribute to fatisfy the three Jurors who
appear'd, and referred it to the Secondary to tax
Cofts for the Defendant in Satisfaction of his Trou-
able and Expences. 2 Sid. 77. No Perfon fhall take
any Reward or Fee, upon the Account of any Ta
les return'd; on Pain of forfeiting 107. one Moiety
to the Informer, and the other to the King, 4 & 5
W. En M. And by this A&t, the Qualification of
Talefmen is to be 51. per Annum Freehold Eftare,
&c. The Tales de Circumftantibus, is in fome Mca-
fure taken away, or rendered ufelefs, by the late
Statute for regulating of Juries. 3 Geo. 2. c. 25.
Cales, Is alfo the Name of a Book in the King's
Bench Office, of fuch Perfons as were admitted of
the Tales. 4 Inft. 93.
all Taxes. 2 Inft. 532.
Tallagers, Are Tax or Toll Gatherers, men-
tioned by Chaucer.
Tallagium facere, To give up Accounts in the
Exchequer, where the Method of Accounting is by
Talleys. Mem. in Scacc. Mich 6 Ed. 1.
Tales, (Lat.) Is ufed in the Law for a Supply of
Men impanelled on a Jury and not appearing, or on
their Appearance challenged as not indifferent;
when the Judge upon Motion orders a Supply to be
made by the Sheriff, c, of one or more fuch Per-
fons preſent in Court, equal in Reputation to thofe
that were impanelled, to make up a full Jury,
which he could not do by the Common Law; and Tallage, (Tallagium) from the Fr. Taille) Is me-
this is by the Statutes 35 H. S. c. 6. 2 & 3 Ed. 6. taphorically uſed for a Part or Share of a Man's
c. 32. 14 Eliz. c. 9. 7 & 8 W. 3. c. 32, &c. Tales Subftance, carv'd out of the Whole, paid by Way
are of two Sorts, i. e. Tales de Circumftantibus, and a of Tribute, Toll or Tax. Stat. de Tallagio non con
Decem Tales; a Tales de Circumftantibus is where a cedendo temp. Edw. 1. Stow's Ann. 445. And accord-
full Jury do not appear at the Nifi prius, or fo manying to Sir Edw. Coke, Tallage is a general Word for
are challenged that there is not a full Jury; then
on the Prayer of the Plaintiff's Counſel or Attor-
ney, the Judge will grant this Tales, which the She-
riff returns immediately in Court: A Decem Tales
is when a full Jury doth not appear at a Trial at
Bar, and is a Writ to the Sheriff apponere Decem
Tales. 10 Rep. 102. Finch 414. 2 Roll. Abr. 67. Talley, (Tallea, Fr. Taille, Ital. Tagliare, i. e. Scin-
Upon a Trial at Bar, if the Jury do not appear full, dere) Is a Stick cut in two Parts, on each whereof
the Court cannot grant a Tales de Circumftantibus, but is mark'd with Notches, or otherwife, what is due
will grant a Decem Tales, returnable in fome conve- between Debtor and Creditor; as now uſed by Brew-
nient Time the fame Term, to try the Caufe. 2 Lill. ers, &c. And this was the ancient Way of Keeping
Abr. 552. And a Tales de Circumftantibus ought not all Accounts, one Part being kept by the Creditor,
to be in an Affife, only a Nifi prius; the Decem Tales the other by the Debtor, &c. Hence the Tallier of
muſt be awarded in an Affile. Cro. Car. 341. A Plain- the Ex.bequer, whom we now call the Teller. But
tiff or Defendant may have a Tales de Circumftanti- there are two Kinds of Tallies mentioned in our Sta
bus and the Statures which authorife Juftices of tutes to have been long ufed in the Exchequer; the
Nifi prius to award a Tales de Circumftantibus, extend one is termed Tallies of Debt, which are in the Na-
as well to capital Cafes as to others; but fuch a Ta-ture of an Acquittance for Debts paid to the King,
les cannot be prayed for the King upon an Indi&- on the Payment whereof thefe Tallies are delivered
ment, or criminal Information, without a Warrant to the Debtors, who carrying them to the Clerk of
from the Attorney General, or an exprefs Affign- the Pipe Office, have there an Acquittance in
ment from the Court before which the Inqueft is Parchment for their full Difcharge.
taken: Though it may be awarded on an Informa- The other are Tallies of Reward or Allowance, being
tion qui tam, &c. because of the Interest which the made to Sheriffs of Counties as a Recompence for
Profecutor hath in fuch Profecutions. 2 Hawk. P. C. fuch Matters as they have perform'd to their
409. 3 Salk. 339. A Tales is not to be granted Charge, or fuch Money as is caft upon them in
where the whole Jury is challenged, &c. but the their Accounts of Courfe, but not leviable, &c.
whole Panel, if the Challenge be made good, is to 27 Hen. 8. c. 11. 33 34 H. 8. 23 Ed. 6. In
&
be quafhed, and a new Jury returned; for a Tales the Exchequer there is a Talley Court, where attend
confifts but of fame Perfons to supply the Places of the two Deputy Chamberlains of the Exchequer, and
9 C
1 R. 2. c. 5.
the
:
TA
TA
the Talley-cutter: And a Talley is generally the King's
Acquittance for Money paid or lent, and has written
on it Words proper to express on what Occafion the
Money is received. Lex Conftitut. 205.
[
Cargía, (Tarida) Was a Ship of Burden, fince
called a Tartan, and Tarrita. Knighton, Anno 1385,
Tarpaulin, or Carpawling, A tarred Canvas to
keep the Weather out of Ships; but it is commonly
allia, Every Canon and Prebendary in our old uſed for a Mariner, or Drudge in a Ship that does
Cathedral Churches, had a ſtated Allowance of Pro-the vileft Service. Merch. Dict.
Tartaron, A Sort of fine Cloth or Silk. Stat.
vifions delivered to him per modum Tallia; and thence
their Commons in Meat and Drink were called Tal- 4 Hen. 8. c. 6.
lia. Stat. St. Paul. Ann. 1295.
Tallyman, A Perfon that fells, or lets Goods,
Clothes, &c. to be paid by fo much a Week. Merch.
Dia.
1
Cas, (Fr.) Is a Cock, Heap, Stack or Rick of
Hay or Corn. Law Fr. Dict.
Taffale fōr Cafula, A Prieft's Garment covering
him over.
Callum, A Mow of Corn or Hay, from the Fr.
Taffer, to pile up: Taffare, to mow or heap up; and
ad Taffam furcare is to pitch to the Mow. Rot. Hill.
25 Ed. 3.
Talwood, (Taliatura) Fire-wood cleft and cut into
Billets of a certain Length; otherwife written
Talghwood, and Talfhide in ancient Statutes. 34 &
35 H. 8. c. 3. . 7 Ed. 6. c.
c. 3.7 Ed. 6. c. 7. 43 Eliz. c. 14.
c.
Tath. In the Counties of Norfolk and Suffolk, the
Tam Duam, Is in Nature of a Qui tam, being
where a Man profecutes as well for the King as Lords of Manors claim'd the Privilege of having
for himſelf, on an Information for Breach of fome their Tenants Flocks of Sheep brought at Night
Penal Law, whereby any Penalty is given to the upon their own Demefne Lands, there to be folded
Party that fues. Terms de Ley 556. In every Cafe for the Improvement of the Ground; which Liber-
where a Statute prohibits a Thing, and doth notty was called by the Name of Tath. Spelm.
Tabern, The King may licence any Tavern for
annexa Penalty to the Committing thereof, the
Party offending may be indicted for a Contempt Selling of Wine, &c. 16 Car. I. c. 21. But Perfons
against the Statute; or Action lies against him for who inordinately haunt Taverns, are indictable by
Breach of it, which must be brought Tam pro Do-the Common Law, and continuing drinking and
mino Rege, quam pro feipfo, as there is a Fine to be tipling, &c. is liable to Penalties, by the Statutes
I Fac. 1. c. 9. 21 Fac. I. c. 7.
paid to the King. 2 Inft. 118. Cro. Eliz. 655. Cro.
Fac. 134. In Action popular, brought Tam quam, the
King can difcharge but his own Part, and not the
Tauri liberi Libertas, In ancient Charters is
Informer's; but before Action brought, the King
may diſcharge the Whole. 3 Inft. 238. See Informa-ufed for a common Bull; fo called, becauſe he is.
free and common to all the Tenants within fuch a
Manor or Liberty, &c.
tion.
Tangier, An ancient City of Barbary, formerly
Part of the Dominions of the Crown of England, as
Gibraltar is at prefent; mentioned in the Statute
15 Car. 2. c. 7.
3
Tau, By Selden in his Notes upon Eadmerus, fig-
nifies a Crofs. Mon. Angl. Tom. 3. pag. 121.
Tawers. It is ordained, that Collar-makers,
Glovers, Bridle-cutters, and others who Drefs Skins
in Allom, &c. and cut the fame into Wares, fhall
be accounted Tawers, and fubject to the Penalties,
for Frauds and Concealments relating to the Duty
on Leather, by Stat. 9 Ann. c. II.
Taniltry, Seems to be derived from Thanis; and
is a Law or Cuſtom in fome Parts of Ireland of
which Sir John Davis ſays thus; Quant afcun
Car, (Taxa, from the Gr. Tas, i. e. Ordo, Tri-
Perfon moruft feifie des afcuns Caftles, Manors, Terres
ou Tenements del Tenure de Taniftry; que donques butum) A Tribute or Impofition laid upon the Sub-
mefme les Caftles, &c. dont defcender, & de Temps dont jet, which being certainly and orderly rated, was
Memory ne Court ont ufe de Defcender, Seniori & Dig- wont to be yearly paid into the King's Exchequer:
niffimo viro Sanguinis & cognominis, de tiel Perfon And it differs from what is commonly called a
iffint morant ſeifie, & que le file ou les files de tiel Per- Subfidy, in this, That it is always certain as it is
fon iffint morant feifie de touts temps avant dit, ne fueront fet down in the Exchequer-Book, and levied in
inberitabiles de tiels Terres ou Tenements, ou de af un par-general of every Town, and not particularly of
te de eux. Dav. Rep. 28. Antiq. Hibern. pag. 38. every Man, &c. No Hiftory mentions that the
Tannare, Is a Word uſed for to drefs or tan Lea-Saxon Kings had any Taxes after the Manner of
ther. Plac. Parliam. 18 Ed. 1.
ours at prefent; but they had Levies of Money
Tanners. No Perfon fhall tan Leather unless he and perfonal Services towards Repairing of Cities,
hath been an Apprentice for feven Years with a Tan- Caftles and Bridges, and for military Expeditions,
ner, or be be the Son of a Tanner, &c. on Pain of which they called Burghbote, Brigbote and Heregeld;
forfeiting the Leather tanned or the Value. Stat. and when the Danes invaded this Kingdom, great
I Fac. I c. 22. Tanners over-liming Hides, or ufing Sums of Money were raifed yearly, by a Tax on
in Tanning any Thing but Oak bark, Afh-bark, every Hide of Land, the Lands of the Church only
Culver-dung, &c. incur a Forfeiture of the Lea excepted; and thence it was afterwards called Hy
ther; and haſtening the Tanning of their Leather dagium, which Name remain'd and was uſed for all
by unkind Heats, &c. are liable to a Penalty of 101. Taxes and Subfidies impofed on Lands; though fome-
and to ftand in the Pillory. And Hides for Sole-times it was laid upon Cattle, and then was termed
Leather are to lie in the Wooze twelve Months,
and Upper Leather nine Months, or ſhall be for-
feited, &c. Stat. Ibid.
Cantamount, Is where one Thing doth amount to
another, and then 'tis all one as if it was the fame:
As a Leafe and Releaſe amount to a Feoffment; and
a Licence to occupy Land for Years, to a Leafe for
the Term, &c. 14 H. 8. 13. Shep. Epit. 1130.
Horngeld: The Normans called theſe fometimes
Taxes, other Times Tallages; and made a Law for
the particular Manner of their Levying; but many
Years after the Conqueft, they were levied other-
wife than now, as every ninth Fleece, and every
ninth Sheaf, &c. Raftal's Abr. 4 Inft. 26, 33. It is
faid that in ancient Times, Taxes were impofed by
the King at his Pleasure; but King Edw. i. bound
himſelf and his Succeffors, in the 25th Year of his
Reign, that from that Time forward no Tax fhould
be laid upon the Subject, without the Affent of the
Lords and Commons in Parliament. Stat. 25 Edw.
1. c. 5. But altho' Taxes which are for the Defence
of the Realm, cannot be impofed but by A& of
Target, (From the Lat. Tergus) A Shield, origi-Parliament; yet the Crown has a Right to ask
nally made of Leather, wrought out of the Back of them, upon any Emergency, and therefore 'tis held
they have a virtual Exiftence always, tho' no actual
Care and Tret. The first is an Allowance in
Merchandize, made the Buyer for the Weight of
the Box, Bag, or Casks wherein Goods are packed:
And the laft is a Confideration in the Weight, for
Wafte in emptying and refelling the Goods, by Duft,
Dirt, Breaking, &c. Book Rates.
an Ox. Elɔunt.
one.
1
3
;
་་་་
TA
·
TE
ing the Sums of Money charged on any County,
Procefs may iffue against the Commiffioners for
their Neglect, . By other later Statutes, when
Lands, &c. are affeffed at more than an equal Pound-
Rate, the Commiffioners upon Complaint made in
twenty Days, fhall abate it, and re-affefs fuch Abate-
ments within the whole Hundred, &c. or on Perfons
under-rated, fo as the Sum charged be fully paid.
And where Affeffors have omitted to charge them-
felves to the Land Tax for their own Eftates, Com-
miffioners by Statute have been empowered to fum-
mon and examine them or others on Oath, and upon
Difcovery thereof, to award Satisfaction to be made
to the Collectors. If Lands or Houfes are unoccu-
pied, whereby the Parish is obliged to make good
the Tax, the Collectors, at any Time after, may
enter and Diftrain, and fell the Diftrefs in four
Days, and the Money fhall be diftributed propor
tionably to the Parties who paid for fuch Lands, c.
In cafe any Perfons by changing their Refidence,
efcape the Taxation, on Proof before two of the
Commiffioners, or a Juftice of Peace, within one
Year, they are to be charged at treble the Value,
to be levied by Diftrefs, &c. And in the taking
thefe Diftreffes, Collectors may break open Houses,
Chefts, &c. in the Day-time, upon a Warrant under
the Hands of two Commiffioners, and calling Con
ftables to their Affiftance: Alſo if any Perfon refuſe
to pay the Tax, by the Space of ten Days after De
mand, or convey away his Goods, &c. the Commit
fioners may commit him to the common Gaol, till
Payment. Papifts are doubly taxed; but the Colleges
in the Univerfities are exempted from paying any
Thing to this Tax: There is a Poundage Fee for
collecting the Tax, of 3 d. per Pound to the Col-
lectors, 2 d. per Pound to the General Receiver,
and 1 d. Half-penny per Pound to the Commiffioners
Clerks. Stat. i Geo. 1, &c. See 12, 13, & 15 Geo. 2.
The above Statutes, or Land Tax Acts, where 2 s.
in the Pound is granted, have generally Clauſes of
Loan of One Million, and when the Tax is 4s. a
Pound, Two Millions for publick Ufes; likewife in
the Malt-Tax A&ts, there is fuch Claufe of Loan
for 750,000l. at 3 or 4 per Cent. Intereft, the Loans
to be allowed by the Commiffioners of the Trea-
fury, &c.
onc. In the 14th Year of Ed. 3. an Aid was granted
to the King by the Parliament; and Anno 5 R. 2. a
Royal Aid for keeping the Sea, and preferving of
Rights: Alſo a Subsidy of 1 s. in 20. s. on Goods, and
Aliens to pay 25. &c. was granted by 3 & 4 Ed. 6.
Befides Fifteenths and Tenths, payable by the Tem-
porality and Clergy in two or three Years, &c.
And the Way of Taxing was formerly by Tenths and
Fifteenths; then by Subfidies, afterwards by Royal
Aids, and at laft by a Pound Rate; the former
were all upon the Perfon and Perfonal Eſtate, and
were much the fame; but the Pound Rate was on
Lands and Rents. Anno 18 Ed. 3. a Valuation was
made of all the Towns in England; and returned
into the Exchequer, and this became the ftanding
Rule for Taxing every Town, (viz.) When a Tax
was given, the Officers of the Exchequer prefently
knew to how much it amounted for every Town,
and the Inhabitants taxed the Landholders, and
Occupiers of Lands, and they were charged and
paid their Proportion, &c. A Subfidy was grant-
ed Anno 32 Hen. 8. and this was a Tax upon the
Perfon, both for Land and Goods, and payable
where the Perfons lived; and this continued till
the 15 Car. I. and about two Years afterwards the
firſt Áffeffment was made upon Land and Rents,
according to a Pound-Rate. 2 Inft. 76, 77. 3 Salk.
340. In the 16 & 17 Car. 1. Taxes were granted
for Relief of, and disbanding the Army, &c. And
13 Car. 2. cap. 34. the Sum of 1,260,000l. was
granted for eighteen Months at 70,000l. per Month,
charged on the ſeveral Counties by Lieutenants, for
Ammunition for the Militia, and feveral Aids were
granted, one of 2,477,000l. for fitting out a Navy
and Maintenance of Wars, &c. in the Years 16,
17, 18, 19 & 25 Car. 2. Alfo a free and voluntary
Prefent was granted to King Car. 2. but it was or-
dained that the fame fhould not be drawn into
Example. King James 2. had Aids and Taxes
granted him by Parliament; and after the Revo-
lution, heavy Taxes were neceffarily laid on Lands
and Perfonal Eftate, in the Reigns of King Will. 3.
and Queen Anne, to defend the Crown and Kingdom
against the Efforts of the King of France, in Favour
of the pretended Prince of Wales, and fecure the
Proteftant Succeffion in the Line of his prefent
Majesty King George. Since this Neceffity, join'd
to others, Land Taxes have been annually granted
of 1 s. 25. 35. and 4s. in the Pound, as the pre-
fent Exigencies have required; enacted to be le-
vied by Commiffioners on the feveral Counties,
Cities, Towns, &c. And in Refpect of this Tax,
it is not the Quantity but the yearly Value of
Lands that muſt be obſerved; the Farmers or Oc-
cupiers of the Land, are to be charged, and de-
duct it out of their Rents to the Landlords; and a
Man may be rated for Goods, as well as Lands,
but not for both; and in Cafe of a Rate on Goods,
the Charge must be on the Perfon: The Commif
fioners are to afcertain the feveral Proportions of
the Tax, to be charged upon every Hundred or Di-
vifion; and appoint fit Perfons to be Affeffors and
Collectors in every Parifh to affefs and levy the
Money, which when received is to be paid to Re-
ceivers General, and by them returned to the Ex-
chequer, &c. If any Perfons refufe to pay the Tea, Is a pleaſant Sort of Liquor, of late much
Tax, the Collectors may levy it by Diftress and uſed in England, and introduced from China and the
Sale of their Goods; but if they are over-rated, East-Indies, being made of the Product of a Shrub
they fhall be relieved on Appeal to the Commif- growing in thofe Parts: It is mentioned in the Stat.
fioners, who have Power to charge the fame on 12 Car. 2. c. 15. And Perfons mixing with Tea
others, as they fhall fee Caufe, and in Cafe of De- Leaves, the Leaves of other Trees and Shrubs,
ficiency to make a Re-affeffment; Affeffors negle&t-are liable to a Penalty of 10 1. c. by 4 Geo. 2. c. 14.
ing their Duty, are to be fined not exceeding 40 1.
And Collectors detaining the Money, fhall be im-
prifoned, and their Eftates feifed and fold, &c. If a
General Receiver neglects to return the Money by
him received, he is liable to the Penalty of 500 1.
And where there is any Failure in raifing and pay-
Taxatio Bladozum, is a Tax or Impofition laid
upon Corn, according to Cowel.
Taxers, Are two Officers yearly chofen in Cam-
bridge to fee the true Gauge of all Weights and
Meaſures; though the Name took Rife from Tax-
ing or Rating the Rents of Houfes, which was an-
tiently the Duty of their Offices.
·
Taylors, Shall not make or fet upon Clothes any
Buttons or Button-holes of Cloth, Stuff, &c. nor
fhall any Perfon wear Clothes with fuch Buttons,
c. on Pain of forfeiting 40 s. per Dozen. 4 Geo. I.
Contracts entered into with Journeymen Taylors, for
advancing their Wages, are declared void; and
Taylors giving greater Wages than allowed, fhall
forfeit 51. and Journeymen accepting the fame,
or refufing to work for the fettled Rated Wages
the Hours appointed, may be fent to the House of
Correction for two Months, &c. by Stat. 7 Geo. 1
cap. 13.
The East India Company are to have Allowance and
Drawback, on exporting Tea. Stat. 6 Geo. 2. c. 38.
Team and Theame, (From the Sax. Tyman, i. e.
propagare, to Teem or bring forth) Signifies a Royal-
ty or Privilege granted by the King's Charter to
the Lord of a Manor, for the having, reftraining
and
TE
TE
T
1
1
and judging of Bondmen and Villeins, with their Tempus pinguedinis e firmationis; The Sea-
Children, Goods and Chattels, c. Glanvil, Lib. 5.fon of Killing the Buck and the Doe. MS. Temp.
č. 2.
H. 3.
Teding-penny, Tething penny, Tithing-penny, A Tena, Was that which we now call a Cof, worn
fmall Duty or Payment to the Sheriff from each by Ecclefiafticks:
Tena coronas abfcondunt
Tithing, towards the Charge of keeping Courts, &c. quafi Coeleftes radios repellentes, &c. Counc. Lambeth,
from which fome of the Religious were exempted Anno 1281.
by Charter from the King. Chart. Hen. I.
Teenage, From the Sax. Tynan to enclofe or fhut
is ufed in many Parts of England for Wood for
Fences and Enclofures.
Teinland, Tainland, or Thainland, The Land of
a Thaine or Noble Perfon. Sce Thane-Land.
Teller, Is a confiderable Officer in the Exchequer,
of which Officers there are Four; whofe Office is
to receive all Money due to the King, and to give
the Clerk of the Pells a Bill to charge him therewith:
They also pay to all Perfons any Money payable
by the King, by Warrant from the Auditor of the
Receipt; and make weekly and yearly Books of
their Receipts and Payments, which they deliver
to the Lord Treasurer.
Tolligraphiæ, (From the Sax. Tellan, i. c. dicere,
and the Gr. Teaqw, Scribo, quafi a Telling any Thing
by Writing) Are written Evidences of Things paft.
Blount.
:
Tellwoc, Is that Work or Labour which the
Tenant was bound to do for his Lord, for a cer-
tain Number of Days; from the Saxon Word Tallan,
numerare, & Worc. opus. Thorn. Ann. 1364.
Temple. Dugdale and Stow both tell us that the
Temple in London is a Place of Privilege from Arrefts,
by the Grant of the King; but this hath been de-
nied by the Court of B. R. Dugd. 317, 320. 3 Salk.
Rep. 45. In the Middle Temple the King's Treafure
was antiently kept.
Templers, (Templarii) Knights of the Temple,
having their Refidence in Part of the Buildings
belonging to the Temple of Jerufalem; we read of
them in the Reign of Hen. 2. They had in every
Kingdom a Governor, whom Bracton calls Magi-
firum Militia Templi; and the Master of the Temple
here, was fummoned to Parliament 49 Hen. 3. Bract.
lib. 1. cap. 10. The Chief Minister of the Temple
Church is ftill called Master of the Temple. See
Knights Templers.
Tenancies, Are Houſes or Places for Habitation,
held of another. 23 Eliz. c. 4.
•
Tenant, (Tenens à tenendo, from holding) Is onc
that holds or occupies Lands or Tenements, by
any Kind of Right, of fome Lord or Landlord,
by Rent, Fealty, &c. Alfo. the Word Tenant is
ufed with divers Additions; as Tenant in Fee-fim-
ple, Fee-tail, for Life, Years, or at Will; Tenant
in Dower, by the Curtely, by Copy of Court-Roll;
Tenant in Mortgage, by Statute-Merchant, and
Statute-Staple, Elegit, &c. Co. Litt.
Tenants in Common, Are fuch as hold Lands
for Life or Years, by feveral Titles, or by one
Title and feveral Rights; and as Fointenants have
one joint Freehold, fo Tenants in Common have
divers Freeholds. 1 Inft. 188. If a Conveyance is
made to two Perfons, Habendum the one Moiety to
one and his-Heirs, and the other Moiety to the
other, &c. it is a Tenancy in Common, and the Heirs
and Executors of Tenants in Common, fhall have
their Parts or Shares, and not the Survivors, as in
Cafe of Fointenants. 2 Lill. Abr. 559. Tenants in Comm
mon know not their own Part, but take the Profits
in Common: One Tenant in Common cannot bring
Action of Treſpaſs againſt another Tenant in Common;
but one fuch Tenant may bring Waſte against his
Partner, &c. 3 Leon. 307. 2 Lill. 561. At Com-
mon Law Tenants in Common were not compellable
to make Partition; though they are by the Star.
31 H. 8. See Fointenant.
•
Tenant to the Præcipe, Is he against whom the
Writ of Precipe is to be brought in fuing out a Re-
covery. 3 Rep.
Teno, Seems to fignify as much as Tender, or Of
fer; it is mentioned in our old Books, as to tend a
Traverfe, an Averment, &c. Briton, c. 76. Staundf.
Prarog. 16.
Tender, (Fr. Tendre) Is the Offering of Money,
or any other Thing in Satisfaction, or circumfpe&t-
Tempozalities of Bishops, Are the Revenues, ly to endeavour the Performance of a Thing; as
Lands, Tenements, and Lay-Fees, belonging to a Tender of Rent is to offer it at the Time and
Biſhops, as they are Barons and Lords of Parlia- Place when and where it ought to be paid: And it
ment; all Things as a Bishop hath by Livery from is an A& done to fave the Penalty of a Bond, be-
the King, as Manors, Lands, Tithes, &c. 1 Roll. fore A&tion brought, &c. Terms de Ley 557. Tender
Abr. 881. It was a Cuftom formerly, that when of Rent on any Part of the Land, or at any Time
Biſhops received from the King their Temporalities, of the laft Day of Payment, will fave the Condi
they did by a folemn Form in Writing renounce tion for that Time, though the Landlord refuſe it:
all Right to the fame by Virtue of any Provifion But when Rent is tendered, the Leffor may after
from the Pope, and acknowledged the Receipt of bring Debt; though he cannot recover any Da-
them only from the King; which Cuftom continu-mages; the Leffee's being ready to pay excufes the
ed from the Reign of Edw. 1. to the Time of the Damages, but doth not debar the other of his
Reformation: And this Practice began by Occafion Rent. 1 Inft. 200. Litt. Rep. 33, 34. 3 Salk 344.
of a Bull of Pope Gregory 8. wherein he conferred A Tender of Rent to fave the Forfeiture must be of
the Sce of Worcester on a certain Biſhop, and com the whole Rent due, without any Deduction of
mitted to him Adminiftrationem Spiritualium & Tem- Taxes or other Payments; unless it be fo agreed,
poralium Epifcopatus predict'. Anno 31 Edw. 1. The
Cuftody of the Temporalities of every Biſhop and
Archbishop, during the Vacancy of the Sees, be-
longs to the King; and no Subject can claim them
by Grant or Prefcription. F. N. B. 32, 34. 2 Inft.
15. And the King may commit the Temporalities
during the Vacation of the See; alfo he may pre-
fent to a void Advowfon, when the Temporalities are
in his Hands. 1 Inft: 90, 388. Mag. Chart. c. 5.
14 Edw. 3. c. 14.
c. Stoppage being no Payment. 1 Inft. 202. Ten-
der of Money on a Bond, is to be made to the
Perfon of the Obligee at the Day appointed, to
fave the Penalty and Forfeiture of the Bond, and
it ought to be done before Witneffes; though if
the Obligor be fued afterwards, he muft ftill pay
it: But if the Obligor be to do any collateral
Thing, or which is not Part of the Obligation, as
to deliver a Horfe, &c. and the Obligor offers to
do his Part, and the Obligee refufeth it, the Con-
Temptatio, or Tentatio, Is ufed in antient Re-dition is perform'd, and the Obligation difcharged
ords for a Trial, or Proof. Chart. 20 Edw. 1. for ever. 1 Inft. 207, 208. A Sum awarded by an
Tempus Pellonis, Maft-Time in the Foreft, Award, was loft by the Tender; it being a collare-
which is from about Michaelmas to St. Martin's Day. ral Thing. 3 Lev. 277. On Award, that the De-
Novemb. II.
fendant fhould pay Money on fuch a Day, and at
fuch
Day.ral
3
TE
TE
"
Tenendum, In Deeds, Where the Fee-fimple of
Lands paffeth, must be of the Chief Lord of the Fee,
by the fame Cuftoms and Services as the Feoffor held;
and not of the Feoffor only and his Heirs, whereby
the Lords would lofe their Efcheats, &c. 1 Inft. 6.
2 Inft. 66. Stat. 18 Ed. 1.
fuch a Place; the Defendant pleaded, that he ten-
dered the Money at the Day and Place, and be-
cauſe he did not fet forth that he continued there
ready to pay it at the laft Inftant of the Day till
after Sun fetting, &c. it was held ill. 2 Cro. 243.
Where Time and Place of doing an A&t is made
certain by Agreement of the Parties, and they Tenentibus in Vila non Dnerandis, Is a Writ
both meet accordingly; he who pleads a Tender, that lies for him to whom a Diffeifor hath alie-
muſt alſo plead a Refufal of the other Party to ac-nated the Land whereof he diffeifed another, that
cept; otherwife fuch Plea will be ill upon a De- he be not molefted in Affife for the Damages, if
murrer, but not after Verdict; and if the Plain- the Diffeifor have wherewith to fatisfy them. Reg.
riff be abfent, that is to be fet forth, and that the Orig. 214.
Defendant was at the Time and Place, & obtulit Tenhebed, or Tienheoked, A Saxon Word fignify.
Solvere, &c. 2 Salk. 623. A Tender and Refufal be-ing Decanus, Caput vel Princeps Décania five Decuria.
ing pleaded, 'tis the Refufal which is traverſable, Leg. Edw. Conf. cap. 29.
Tenor,
C.
and not the Tender, for 'tis that makes it a Pay- Tenmentale, (Sax. Tienmantale, i. e. decem viro-
ment in Law; and wherever the Demand is cerrum numerus) Decennaria, Tithinga. Leg. Edw. Conf.
tain, there a Tender and Refufal is a good Plea; Alfo an antient Tax or Tribute paid to the King.
and a Tender is not well pleaded without a Refufal. Hoveden (Lat.) Of Writs, Records, &c. is the
Subftance or Purport of them; or a Tranfcript or
Copy. Tenor of a Libel hath been held to be a
Tranfcript, which it cannot be if it differs from
the Libel; and juxta Tenorem imports it, but not
ad Effectum, &c. for that may import an Identity
in Senfe, but not in Words. 2 Salk. 417. In Ac-
tion of Debt brought upon a Judgment in an in-
ferior Court, if the Defendant pleads Nul tiel Re-
cord, a Tenorem Recordi only fhall be certified; and
by Hale Ch. Juft. it may be the fame on Certiorari's.
3 Salk. 296. A Return of the Tenor of an India-
ment from London, on a Certiorari to remove the
Indictment, is good by the City Charter; but in
other Cafes it is ufual to certify the Record itſelf.
2 Hawk. P. C. 295.
3 Salk. 341.
In Action of Debt, Tender and Re-
fufal may be pleaded in Bar of the Damages;
though not in Bar of the Action, as the Debt ftill
remains: There is a Difference in Pleading a Ten
der in Action of Debr, and in Action on the Cafe;
in Debt, the Damages are but Acceffary, fo that in
Pleading a Tender to fuch Action, the Defendant
must pray Judgment de Damnis; but in Affumpfit,
the Damages are Principal, and he is to plead
femper paratus, with a Profert hic in Curia, and pray
Judgment de ulterioribus Damnis. 2 Salk. 622. 3 Salk
344, 345. A Man pleads a Tender of a Debt at
the Day, he need not plead Semper paratus; but un-
core Prift, and bring the Money into Court. 2 Lill.
Abr. 564. And Tender and Refufal, on Covenant
to pay Money, where Damages only are to be re-
covered, is a good Plea without uncore Prift. Show.
129. Tender may be of Money in Bags, without
fhewing or telling it, if it can be proved there was
the Sum to be tendered; it being the Duty of him
that is to receive the Money, to put out and tell
it. 5 Rep. 115. Though where a Perfon held the
Money on his Arm in a Bag, at the Time of Of
fering it; this was adjudged no good Tender, for it
might be Counters or bafe Money. Noy 74. 3 Nelf
Abr. 281. If a Tender is made of more than is
due, it is good; and the Party to whom tender'd
ought to take out what belongs to him. 5 Rep. 114.
Tender of the Money is requifite on Contracts for
Goods fold, &c. to intitle Action of Trover: And
a Tender of Stock fold for fo much Money, if it be
well made tho' not accepted, will intitle the Party
to the Sum agreed to be paid. 3 Salk. 343. See
Bond, &c.
▾
.
Tenement, (Tenementum) Signifies properly a
Houfe or Home-ftall; but more largely it com-
prehends not only a Houfe, but all Corporeal In-
heritances which are holden of another, and all
Inheritances iffuing out of, or exercifable with the
fame. Co. Litt. 6, 19, 154. A Tenement may be
faid to be any Houfe, Land, Rent, or other fuch
like Thing, that is any Way held or poffeffed; but
being a Word of a large and ambiguous Meaning,
and not fo certain as Meffuage, therefore it is not
fit to be used to exprefs any Thing which requires
a particular Defcription. 2 Lill. Abr. 566. The
Word Tenement is join'd with the adjective Frank,
to denote an Estate in Lands, Offices, &c. for Life
or in Fec. Kitch. 41.
.
Tenoze Judicamenti mittendo, Is a Writ where-
by the Record of an Indictment, and the Procefs
thereupon, is called out of another Court into the
King's Bench. Reg. Orig. 69.
Tenoze Præfentium, The Tenor of thefe Pre-
fents, is the Matter contain'd therein, or rather
the Intent and Meaning thereof; as to do fuch a
Thing according to the Tenor, is to do the fame
according to the true Intent of the Deed or Wri-
ting.
Centates Pants, The Eſſay or Affay of Bread.
Blount..
Tenter, A Stretcher, or Trier of Cloth, ufed by
Dyers and Clothiers, &c. mentioned in the Statute's
1 R. 3. cap. S. 39 Eliz. cap. 20.
Tenths, (Decime) Are the Tenth Part of the
annual Value of every Spiritual Benefice, being
that yearly Portion or Tribute which all Eccle-
fiaftical Livings pay to the King. They were an-
tiently claimed by the Pope, to be due to him
Fure divino, as High Prieft, by the Example of
the High Prieft among the Jews, who had Tenths
from the Levites: But they have been often granted
to the King by the Pope upon divers Occafions,
fometimes for one Year, and fometimes for more;
and were annexed perpetually to the Crown by
Stat. 26 H. 8. 1 Eliz. cap. 4. And at laft granted
with the First Fruits, towards the Augmentaion of
the Maintenance of Poor Clergymen. 1 Ann. c. 11.
Collectors of this Revenue are to be appointed by
the King by Letters Patent, inftead of the Bifhops;
and an Office is to be kept for Management of the
fame, in fome Part of London or Westminster, &c.
3 Geo. I. c. 10. Tenths fignify likewife a Tax on
the Temporalty: See the Statutes of King Edw. 6.
Eliz. and
And vide
Leucinentis Legatis, An antient Writ lying tones, Robbing of, in Faus and Markets, is
Felony, and punished as Burglary. 5 & 6 Ed. 6.
cap. 9.
Tenementary Land, Was the outland of Manors
granted out to Tenants by the Saxon Thanes, under
the City of London, or any other Corporation;
(where the old Cuftom was, that Men might de
vife by Will, Lands and Tenements as well as
Goods and Chattels) for the Hearing and Deter-
mining any Controverfy touching the fame. Reg.
Orig. 244.
1
Tenure, (Tenura, from the Lat. Tenere). Is the
Mannér whereby Lands or Tenements are holden;
or the Service that the Tenant owes to his Lord:
And there can be no Tenure without fome Service,
9 D
becaufe
1
1
TE
TE
{
脂
​becauſe the Service makes the Tenure. 1 Inft. 1, 93. the 23d of October, and ends the 28th of November.
A Tenure may be of Houſes, and Land or Tene- Each Term has certain Returns; as Hillary-Term
ments, but not of a Rent, Common, &c. All Lands has, Four, Eafter bath Five, Trinity, Four, and Mi-
in the Hands of a Subject are held of fome Lord or chaelmas Six: And by Statute, Trinity-Term was a
Landlord, by Tenure or Service; And all the Lands bridged four Returns; and Michaelmas-Term two
and Tenements in England are faid to be holden Returns; for thofe Terms were formerly longer
either mediately or immediately of the King; and than now, till contracted by the Statutes 32 H. 8.
therefore he is Summus Dominus fupra omnes. 2 Inft. 21. and 16 Car. 1. c. 16. There are four Days in
531. Tenure fignifies the Estate in the Land; and Term, called the Effoin-Day; the Day of Exceptions ;
Tenures were antiently divided into the following, the Day of Returns of Writs; and Day of Appear-
viz. Efeuage, which was Land held by the Service ance, called the Quarto die poft: The Term is faid to
of the Shield, and by which the Tenant was obliged begin on the Eoin-Day, when one Judge fits in
to follow his Lord-into the Wars at his own Charge. each Court of Law at Westminster, to take and en-
Knight's Service and Chivalry, where Lands were ter Effoins; but the third Day afterwards is the
held of the King or mefne Lord, to perform Ser- firft Day of the Term, at which Tinie the Judges
vice in War, and which drew after it Homage, in all the Courts fit to do the Bufinefs of the Term.
Efeuage, Wardfhip, &. Burgage Tenure, where 2 Lill. Abr. 569. All the Term in Conftruction of
2,
Land was holden of the Lord of the Borough, at Law is accounted but as one Day to many Pur-
a certain Rent. Villenage, a bafe Tenure of Lands, pofes; for a Plea that is put in the laft Day of a
whereby the Tenant was bound to do all inferior Term, is a Plea of the first Day of the Term; and a
villanous Services commanded by the Lord. Grand Judgment on the laft Day of Term is as effectual as
Serjeanty, a Tenure of Lands by Honourary Ser-on the firft Day. Trin. 23 Car. B. R. And for this
vices at the King's Coronation, &c. And Petit Realon, the Judges may alter and amend their
Serjeanty, where Lands were held of the King to Judgments in the fame Term, &c. It has been
contribute yearly fome fmall Thing towards his held, that the Courts fit not but in Term, as to
Wars. Frankalmoigne, a Tenure by which Land is giving of Judgments: And the Judges of B. R. and
held by Ecclefiaftical Perfons in free and perpetual C. B. before Trinity Term. 1651, did not fit longer
Alms. And Socage Tenure, where Lands are in Court than till one a-Clock upon the laft Day of
holden by Tenants to plough the Land of their Term; because they would not encourage Attornies
Lord, and do other Services of Husbandry at their to neglect their Client's Bufinefs to the laft Day of
own Expence; but this hath been turned into an Term, as too commonly they do, to the Toil of the
yearly Rent, for all manner of Services, when it Court, and too much Hurry in Difpatch. Mich.
is called Free Socage. Of theſe general antient Te-22 Car. 2 Lill. 91. Terms have been adjourned, and
nures, Knights Service, Chivalry, Efcuage, Petit Returns of Writs and Proceffes confirmed. 1 W. &
Serjeanty, Villenage, &c. are taken away by Sta. M. Self. 1. c. 4. Where there is a Term interve
tute 12 Car. 2. The common Tenures at this Day,ning between the Tete and Return of a Writ of
are Fee-fimple, which is an abfolute Tenure of Capias, &c, or when the Term to which a Suit is
Lands, to a Man and his Heirs for ever. Fee-tail, continued is adjourned, and the Suit is not ad-
a limited Fee to a Perfon and the Heirs of his Body journ'd, it is a Difcontinuance, &c. 2 Hawk. 298.
begotten, &c. By the Curtefy, where a Man mar- The fluable Terms are Hillary and Trinity Terms on-
ries a Woman feifed of Lands in Fee-fimple, ly; fo called, becauſe in them the Iffues are joined
and hath Iffue by her born alive, after her Death and Records made up of Caufes, to be tried at the
he fhall hold the Land during Life. In Dower, Lent and Summer Affifes, which immediately follow.
where a Widow holds for her Life the Third Part 2 Lill. Abr. 568.
of her Husband's Land, whereof he was feized in
Fce. For Life and Years, where Lands are held by
Tenants for thoſe Terms, on Rents referved. And
Copyhold Tenure, a holding for Lives or in Fee, at
the Will of the Lord, according to the Cuftom of
the Manor, under divers Services, &c. Vide the
Heads, and fee Fee and Socage.
*
C
Term, (Terminus) Signifies commonly the Limi-
tation of Time or Eftate; as a Leafe for Term of
Life, or Years, c. Bract. lib. 2.
Termo, (Tenens ex Termino) Is he that, holds
Lands or Tenements for Term of Years or Life.
Litt. 100. A Termor for Years, cannot plead in
Affife like Tenant of the Freehold; but the fpecial
Matter, viz. his Leafe for Years, the Reverfion in
the Plaintiff, and that he is in Poffeffion, &c. Dyer
246. Fenk. Cent. 142.
Terms, Are thofe Spaces of Time, wherein the
Courts of Juftice are open, for all that complain of
Wrongs or Injuries, and seek their Rights by
Courfe of Law or Action, in order to their Redrefs;
and during which, the Courts in Westminster Hall fit
and give Judgments, &c. But the High Court of
Parliament, the Chancery, and inferior Courts, do not
obferve the Terms; only the Courts of King's Bench,
the Common Pleas, and Exchequer, the higheft Courts
at Common Law. Of thefe Terms there are Four in
every Year, viz. Hillary-Term, which begins the
23d of January, and ends the 12th of February;
Eafter Term, that begins the Wedneſday Fortnight
after Easter Day, and ends the Monday next after
Afcenfion-Day; Trinity-Term, which begins the Fri-
day after Trinity Sunday, and ends the Wedneſday
Fortnight after; and Michaelmas- Term, that begins
I
··
The Terms in Scotland are Martinmas, Candlemas,
Whitfontide and Lammas, at which Times the Court
of Exchequer, c. there is to be kept. Stat. 6. Ann.
c. 6. And the Terms of our Univerfities for Students,
are different in Time from the Terms of the Courts
of Law.
Terms of the Law, Are artificial or technical
Words and Terms of Art, particularly uſed in and
adapted to the Profeffion of the Law.
P. C. 239.
2 Hawk.
Terms for Payment of Bent, Or Rent Terms,
the Four Quarterly Feafts, upon which Rent is
ufually paid. Cartular. St. Edmund. 238.
Terra, In all the Surveys in Domefday Regifter, is
taken for arable Land, and always fo diftinguished
from the Pratum, &c. Kennet's Gloff.
Terra afirmata, Signifies Land let to Farm.
Terra Bofcalis, Woody Lands, according to an
Inquifition, & Car. I.
Terra culta, Land that is tilled or manured ;
as Terra Inculta is the contrary. Mon. Angl. Tom. 1.
pag. 500.
Terra debilis, Weak or barren Ground. Inq.
22 R. 2.
ed.
Terra Excultabilis, Such Land as may be plough-
Mon. Ang. Tom. I. pag. 426.
Terra Frufca, Is fresh Land, or that hath not
been lately tilled; likewife written Terra Frifca.
Terra Hydata, Was Land fubject to the Payment
of Hydage. Selden.
Terra Lucrabilis, Land that may be gained
from the Sea, or incloſed out of a Wate, to a par-
ticular Ufe. Mon. Angl. Tom. 1. pag. 406.
Terra
TE
TH
1
Terra Nova, Is Land newly affarted and con-
veried from Wood Ground to arable; vel Terra
noviter Conceffa, &c. Spelm.
Terra Putura, Land in Forefts held by the Te-
nure of furnishing Man's Meat, Horfe-meat, &c.
to the Keepers therein. Sec Puturas
Terra Sabulofa, Gravelly or fandy Ground. In-
quif. 10 Ed. 3.
Terra Weltita, Is ufed in old Charters for Land
fown with Corn.
Terra Mainabilis, Signifies tillable Land. M. S.
Terra Warrennata, Land that hath the Liberty
of a free Warren. Rot. Parl. 21 Edw. I.
Terrage, Seems to be an Exemption from Plough-
ing of Land, Reaping, c. mentioned in a Charter
of K. Ed. 3.
Terrar, or Terrier, (Terrarium, catalogus Terra-
rum) Is a Land Roll, or Survey of Lands, either
of a fingle Perfon, or of a Town; containing the
Quantity of Acres, Tenants Names, and fuch like;
and in the Exchequer, there is a Terrar of all the
Glebe Lands in England, made about 11 E. 3. Star.
18 Elix. c. I7.
Terrarius, A Land-holder, or one who poffeffes
many Farms of Land. Leg. W. 1.
Terrarius Cœnobialis, An Officer in Religious
Houfes, whofe Office was to keep a Terrier of all
their Eftates, and to have the Lands belonging to
the Houfes exactly furveyed and regiftred; and
one Part of his Office was to entertain the better
Sort of Convent-Tenants, when they come to pay
their Rents, &c. Hift. Dunelm.
Terre-tenant, Tertenant, (Terra Tenens) Is he
who hath the actual Poffeffion of the Land: For
Example, a Lord of a Manor has a Freeholder,
who letteth out his Freehold to another, to be
poffeffed and occupied by him, fuch other is called
the Tertenant. Weft. Symb. par. 2. Briton, cap. 29. In
the Cafe of a Recognizance, Statute or Judgment,
the Heir is chargeable as Tertenant, and not as Heir;
becauſe by the Recognizance or Judgment, the
Heir is not bound, but the Ancestor concedit that the
Money de Terris, &c. levetur. 3 Rep. 12. Plea of
Tertenancy, in a Scire fac. &c. Vide Cro. Eliz. 872.
Cro. Fac. 506. See Scire facias.
Telta de Nevil, Is an ancient Record in the Cu-
ftody of the King's Remembrancer in the Exchequer,
compiled by John de Nevil, a Justice Itinerant in
the 18 and 24 of King H. 3. containing an Account,
of Lands held in Grand Serjeanty, with Fees and
Efcheats to the King, &c..
Teftament, (Teftamentum, i. e. Teftatio mentis) Is a
Witness of the Mind: And is thus particularly de-
fined, Teftamentum eft ultima voluntatis jufta Senten-
tia, eo quod quis poft mortem fuam fieri vult, &c. And
of Teftaments there are two Sorts, viz. a Teftament in
Writing; and a Teftament in Words, which is called
a Nuncupative Teftament. Co. Lit. See Will.
Teftator, (Lat.) He that makes a Teftament or
Will. Swinb. of Wills.
:
Teftatum, Is a Writ in perfonal Actions, where
the Defendant cannot be arrested upon a Capias in
the County where the Action is laid, but is re-
turned Non eft Inventus by the Sheriff; then this
Writ fall be fent out into any other County
where fuch Perfon is thought to be, or to have
wherewith to fatisfy: And this is termed a Teftatum,
by Reaſon the Sheriff hath testified that the Defen-
dant was not to be found in his Bailiwick. Kitch.
Ret. Writs 287.
;
Tefte, A Word generally ufed in the laft Part
of all Writs, wherein the Date is contained; which
begin with theſe Words, Tefte meipfo, &c. if it be
an original Writ; or Tefte the Lord Chief Justice, c.
if judicial. There must be at least Fifteen Days be-
tween the Tefte and Return of every Proceſs award-
ed from the King's Bench into any foreign County.
Co. Litt. 134. See Writs.
Teftimonial, Is a Certificate under the Hand of
a Juftice of Peace, Teftifying the Place and Time,
when and where a Soldier or Mariner landed, and
the Place of his Dwelling and Birth, unto which
he is to pafs. 39 Eliz. c. 17. And formerly Tefti-
monials were to be given by Mayors and Conftables
to Servants quitting their Services, &c. 5 Eliz. c. 4.
Testimonials of Clergy, Are neceffary to be
made by Perfons prefent, that a Clergyman induct-
ed to a Benefice hath performed all Things ac-
cording to the Act of Uniformity; to evidence that
the Clerk hath complied with what the Law re-
Terris Bonis e Catallis rehabendis poft Pur-quires on his Inftitution and Induction, which in
gationem, A Writ for a Clerk to recover his Lands, fome Cafes he fhall be put to do. Count. Parf. Com-
Goods and Chattels formerly feifed, after he had pan. 24, 26.
cleared himſelf of the Felony of which he was ac-
cufed, and delivered to his Ordinary to be purged.
Reg. Orig. 68.
Terris & Catallis tentis ultra debitum levatum,
Is a judicial Writ for the Reftoring of Lands or
Goods to a Debtor, that is diftrained above the
Quantity of the Debt. Reg. Judic. 38.
Terris liberandis, A Writ lying for a Man con-
victed by Attaint, to bring the Record and Process
before the King, and take a Fine for his Imprifon-
ment, and then to deliver him his Lands and Te-
nements again, and releaſe him of the Strip and
Waste. Reg. Orig. 232. It is alfo a Writ for the
Delivery of Lands to the Heir, after Homage and
Relief performed; or upon Security taken that he
fhall perform them. Ibid. 293, 313.
Tertian, A Meafure of Eighty-four Gallons; fo
called, because it is a third Part of a Tun. 1 R. 3.
c. 13. 2 H. 6. c. II.
4
Teft, As to bring one to the Teft, is to bring
him to Trial and Examination, &c. By the Act
of King Car. 2. commonly called the Teft-Act, all
Officers Civil and Military are to take the Oaths
and Teft; and if they neglect it, and execute any
Office within the Words of that Statute, being le
gally convicted thereof upon Information, Prefent-
ment, or Indi&ment, in any of the Courts at Weft-
minster, or at the Affifes, they fhall forfeit 500l. to
be recovered by him who will fue for the fame in
any Action-of Debt, &c. 25 Car. 2. c. 2.
Teftmoignes, Is French for Witneffes, and Teft
moignage, Teftimony: Law. Fr. Dift.
Teflon or Eeftoon, Commonly called. Tefter, a
Sort of Money which among the French did bear
the Value of 18 d. But being made of Brafs lightly
gilt with Silver, in the Reign of K. Hen. 8. it was
reduced to 12 d. and afterwards to 6 d. Lownds's
Eff on Coins, pag. 22.
་
Textus, A Text or Subject of a Difcourfe, and
is mentioned by feveral Authors to fignify the New
Teftament; it was written in golden Letters, and
carefully preferved in the Churches.
Textus magni altaris, We read of in Domefday
and Cartular. S. Edmund.
-
Textus Roffenfis, An antient Manufcript, con-
taining the Rights, Cuftoms and Tenures, c. of
the Church of Rochester, drawn up by the Bishop of
that See, Anno 1114.
Thames. If any Perfon procure any Thing to
be done to the Annoyance of the Thames, in ma-
king of Shelves, digging, &c. or fhall take away
any Boards or Stakes, undermine Banks, &c. there-
in, he fhall forfeit 51. Stat. 27 Hen. 8. And no
Fisherman fhall caft any Soil, Gravel or Rubbiſh in
the Thames; nor drive any Piles in the faid River
whereby the common Paffage may be hindered, on
the Penalty of 101. Ord. 10 July 1673. And there
are feveral Ordinances of the Lord Mayor of Lon-
don, &c. for regulating the Fifhing in the River
Thames. Cit. Lib. 148. See Watermen, &c.
Thane,
:
}
!
TH
TI
I
Thane, (From the Sax. Thenian, miniftrare) Was
the Title of thofe Perfons as attended the English
Saxon Kings in their Courts, and who held Lands
immediately of them; and therefore in Domesday
they were promifcuoufly called Thaini, and Servientes
Regis. This Appellation was in ufe among us after
the Norman Conqueft, as appears by a certain Writ
of K: Will. 1. which runs thus: Willielmus Rex Sa-
lutat Hermannum Epifcopum, & omnes Thanos, c.
though not long afterwards the Word was difufed,
and instead thereof thefe Men were called Barones
Regis: And there were alfo Thaini Minores, likewife
ftiled Barons; they were Lords of Manors, and had
a particular Jurifdiction within their Limits, and
over their own Tenants in their Courts, which to
this Day are called Courts-Baron: But this Word
fignifies fometimes a Nobleman; fometimes a Free-
man; and ſometimes a Magiftrate; and more pro-
perly an Officer of the King. Skene faith, that it
was a Name of Dignity, equal with the Son of an
Earl And Thainus Regis is taken for a Baron, by
Sir Edw. Coke.
Chane-Lands, Such Lands as were granted by
Charter of the Saxon Kings to their Thanes; which
were held with all Immunities, except the threefold
Neceffity of Expeditions, Repairs of Caftles, and
mending of Bridges.
Thanage fignified alfo
Land under the Government of a Thane. Skene.
Thafcía, A certain Sum of Money or Tribute
impofed by the Romans on the Britons and their
Lands. Leg. H. 1. c. 78.
Common-wealth, but Parcels of their Mafters Goods
and Subftance. Spelm. Feuds, c. 5.
Thief-taker. Vide Felony.
Things, in general. The chief Part of every
Thing, is the Beginning of it; but the End thereof,
though it be laft in Execution, is firft in Intention,
and therefore favoured in Law. 1 Inft. 298. 10 Rep.
25. Things which are more worthy, are ever pre-
ferred before thofe lefs worthy; and draw the o-
thers after them. Plowd. 169. 1 Inft. 44. But Things
may be deftroyed by the fame Way or Manner they
were made. 6 Rep. 15. 2 Rep. 53.
Thingus, The fame with Thanus; a Nobleman,
Knight or Freeman. Crompt. Furifd. 197..
Thirdbozow, Is ufed for a Conftable, by Lambard
in his Duty of Constables, pag. 6. And in the Stat.
28 H. 8. c. 10.
Thirdings, i. e. The third Part of the Corn grow-
ing on the Ground, due to the Lord for a Heriot on
the Death of his Tenant, within the Manor of Tur-
fat, in Com. Hereford. Blount. Ten.
Third Night Awn-hinde, (Trium noctium Hofpes)
By the Laws of St. Edward the Confeffor, if any Man
lay a Third Night in an Inn, he was called a Third
Night Awn-hinde, for whom his Hoft was answerable,
if he committed any Offence: The first Night, For-
man-night, or Uncuth, he was reckoned a Stranger;
the Second Night, Twa-night, a Gueft; and the Third
Night, an Agen-hinde or Awn-hinde, a Domeftick.
Brat. lib. 3.
Third-peny, (Denarius Tertius) Sec Denarius Ter
tius Comitatus.
Thistle-take, In the Manor of Halton in the Coun-
ty Palatine of Chefter, there was a Cuftom, that if
in Driving Beafts over the Common the Driver per-
mitted them to graze or take but a Thistle, he should
pay a Half-penny a Beast to the Lord of the Fee.
Reg. Priorat. de Thurgarton.
Theft, (Furtum) Is an unlawful felonious Taking
away of another Man's moveable and perfonal
Goods, against the Will of the Owner: And this is
divided into Theft fimply fo called, and Petit Theft;
whereof the one is of Goods above the Value of
Twelve-pence, and is Felony; and the other under
that Value, called Larceny. Theft is alfo from the
Perfon, and in the Prefence of the Owner, or in his
Abfence, and either open or private Theft; the Civil
Law judges open Theft to be fatisfied in its Punish-4. c. 2.
ment by the Recompence of Four-fold; and privy
Theft by the Recompence of double: But the Law
of England adjudges both thefe Offences Felony. Weft
Symb. par. 2. Vide Larceny.
Theft-bote, (From the Sax. Theof, i. e. Fur, &
Bote, compenfatio) Is the Receiving of a Man's Goods
jagain from a Thief, after ftolen, or other Amends
not to profecute the Felon, and to the Intent the
Thief may efcape; which is an Offence punishable
with Fine and Imprisonment, &c. H. P. C. 130. See
Mifprifion of Felony.
Thelonium, Signifies Toll; to be exempt from
which, there is a Writ called Breve effendi quieti de
Thelonio. F. N. B.
Thelonmannus, The Toll-man, or Officer who
received Toll. Cartular. Abbat. Glafton. MS. 446.
Chemmagium, A Duty or Acknowledgment paid
by inferior Tenants to be free from Theme or Team.
Ibid. 88.
Thokes, Fish with broken Bellies, forbid by Sta-
tute to be mixed or packed with Tale-fifh. 22 Ed.
Thorp, Trop, (Sax. Villa, Vicus) In the Beginning
or End of Names of Places, fignifies a Street or
Village; as Adelftrop, &c.
Thrabe of Corn, (Trava Bladi, from the Sax.
Threav, i. e. a Bundle) Is a Quantity of twenty-four
Sheaves, or four Shocks; but in fome Counties they
reckon only twelve Sheaves to the Thrave. 2 Hen. 6.
c. 2. King Athelftan gave to St. John of Beverley's
Church, four Thraves of Corn from every Plough-
land in the East Riding of Yorkshire, by Charter,
Anno 923.
Thengus, A Name anciently applied to certain
Vaffals or Tenants. See Drenches.
Thzimfa, (Sax. Thrim, Three) Was an old Piece
of Money of three Shillings, according to Lambard;
or the third Part of a Shilling, being a German
Coin paffing for 4 d. Selden's Tit. Hon. pag. 604.
Thithing, (Thrithingum) A Court confifting of
Three or Four Hundreds. Stat. Merton. 2 Inft. 99.
Chude Weald, (Sax.) A Woodward, or Perfon
Thenícíum, Thenicii agrorum, i. e. Arborum crefcen-
tium circa agros Claufura eorum, vulgarly called Hedge-that looks after the Woods.
rows, or Dike-rows. Lindwode.
Thwertnick, A Saxon Word, which in fome old
Theoden, Was an Husbandman or Tenant, an Writers is taken for the Cuftom of giving Enter-
Under-Thane, in the Degrees or Diftin&tions of Per-tainment to the Sheriff, &c. for Three Nights. Rot.
fons among the Saxons. Spelm.
11 & 12 Ric. 2.
Tical, A Piece of Money in China of two Pounds
fixteen Shillings and three Pence Value. Merch.
Thefaurus, Was fometimes taken in old Char-
ters for Thefaurarium, the Treasury; and hence the
Domesday Register preferved in the Treafury or Ex-Dict.
chequer when kept at Winchester, hath been often cal-
led Liber Thefauri. Chart. Q. Maud, Wife of King
Henry 1.
Thethinga, A Word fignifying a Tithing: The
thingmannus, a Tithingman. Sax.
Thew, or Cheowe, (Sax.) A Slave or Captive;
Bondmen among the Saxons were called Theowes
and Efnes, who were not accounted Members of the
Tidefmen, Are certain Officers of the Custom-house
appointed to watch or attend upon Ships, till the
Cuftoms are paid; and they are fo called, becauſe
they go aboard the Ships at their Arrival in the
Mouth of the Thames, and come up with the Tide..
་
Tierce, (Fr. Tiers, i. e. a Third) Is a Meafure of
Wine, Oil, &c. containing the third Part of a Pipe,
or forty-two Gallons. Stat. 32 H. S. c. 14.
Tigh,
TI
ΤΙ
Tigh, (Sax. Teag) A Clofe or Inclofure, men-
tioned in ancient Charters; which Word is ftill ufed
in Kent in the fame Senfe. Chart. Eccl. Cant.
Tíhla, (Sax.) Signifies an Accufation, in the
Laws of K. Canutus.
Tiles, The Earth for Tiles is to be digged and
caft up before the firft of November yearly, and to
be ftirred and turned before the firft of February
following, and be wrought before the first of March:
And every common Tile must be in Length ten
Inches and a Half, in Breadth fix Inches and a
Quarter, and Thickness Half an Inch and Half a
Quarter Roof-Tiles are to be thirteen Inches in
Length, and of the fame Thickness as the common
Tiles, &c. And if any Perfons put to Sale any
Tiles contrary hereto, they fhall forfeit double
Value and be fined. Stat. 17 Ed. 4. c. 4. By a late
Statute, Pan-Tiles must be thirteen Inches and a
Half long, nine Inches and a Half broad, and Half
an Inch thick, &c. and the Penalty for making
faulty Bricks and Tiles is 20 s. for every thoufand
fo made. Stat. 12 Geo. 1. c. 35. See Bricks.
Tillage, (Agricultura) Is of great Account in
Law, as being very profitable to the Common-
wealth; and therefore Arable Land hath the Pre-
ference before Meadows, Paftures, and all other
Ground whatſoever: And fo careful is our Law
to preferve it, that a Bond or Condition to reftrain
Tillage or Sowing of Lands, &c. is void. 11 Rep. 53.
There are divers ancient Statutes for Encourage
ment of Tillage and Husbandry, as the 4 Hen. 7.
25 Hen. 8. 33 Hen. S. 5 & 35 Eliz. 21 Fac. 1:
15 Car. 2.
Tilting. Where one kills another in Fighting
at Tilting, by the King's Command, the Accident
is excufable: But if it be by Tilting without the
Command of the King; or by Parrying with naked
Swords, covered with Buttons at the Points, &c.
which cannot be ufed without manifeft Hazard of
Life, it will be Felony of Manflaughter. H. P. C.
31.
Timber, Is Wood fitted for Building, or other
fuch like Úfe; and in a legal Senfe extends to Oak, |
Afh and Elm, &c. 1 Rol. Abr. 649. Leffees of
Land, may not take Timber-Trees felled by the
Wind, for thereby their fpecial Property ccafes.
1 Keb. 691. Timber, &c. ftolen is to be fevered from
the Soil, to make it criminal. See Telv. 152.
Timber for the Navy. An A&t for the Increaſe
and Preſervation of Timber, within the Forest of
Dean. 20 Car. 2. c. 3. And two Thousand Acres of
Land in the New Foreft were ordained to be inclo-
fed, for preferving Timber for the Navy Royal, by
Stat. 9 & 10 W. 3.
Timberlode, A Service by which Tenants were
to carry Timber felled from the Woods to the
Lord's Houſe. Thorn's Chron.
5
Time and Place, Are to be fet forth with Cer-
tainty in a Declaration; but Time may be only a
Circumftance when a Thing was done, and not be
made Part of the Iffue, &c. Mod. 286. It has
been held, that an impoffible Time is no Time; and
where a Day or Time is appointed for the Payment
of Money, and there is no fuch, the Money may
be due prefently. Hob. 189. 5 Rep. 22. If no cer-
tain Time is implied by Law for the Doing of any
Thing, and there is no Time agreed upon by the
Parties, then the Law doth allow a convenient Time
to the Party for the Doing thereof, i. e. as much as
fhall be adjudged reaſonable, without Prejudice to
the Doer of it. 2 Lill. Abr. 572. In fome Cafes one
bath Time during his Life for the Performance of
a Thing agreed, if he be not haftened to do it by
Requeft of the Party for whom it is to be done;
but if in fuch Cafe he be haftened by Requeft, he
is obliged to do it in convenient Time, after fuch
Requelt made. Hill. 22 Car. 1. B. R. Time taken
generally, hath alfo its Time: And what is done in
·
the Time of Peace, the Law doth more countenance
than in Time of War; in Cafe of Bar of an Entry,
or Claim by Fine, and of Defcents, &c. 1 Inft.
249. 10 Rep. 82. 4 Shep. Abr. 6. See Bond, Month,
Time limited, For the Profecution of Actions.
Vide Limitation.
Tinel le Boy, (F.) the King's Hall, wherein his
Servants used to dine and fup. 13 R. 2. c. 3.
Tineman, Was a Petty Officer in the Forest who
had the nocturnal Care of Vert and Venifon, and
other Imployments in the Foreft. Leg. Canut. Reg.
Tinet, (Tinettum) Is uſed for Brufhwood and
Thorns to make and repair Hedges: In Herefordshire,
to tine a Gap in a Hedge is to fill it up with Thorns,
that Cattle may not pass thro' it. Chart. 21 Hen. 6.
Tinewald, The Parliament or annual Conven-
tion of the People of the Isle of Man, of which
this Account is given: The Governor and Officers
of that Ifland, do ufually call the twenty-four Keys,
being the chief Commons thereof, efpecially once
every Year, viz. upon Midfummer-Day at St. John's.
Chapel to the Court kept there, called the Tinewald
Court; where, upon a Hill near the faid Chapel,
all the Inhabitants of the Ifland ſtand round abour,
and in the Plain adjoining, and hear the Laws and
Ordinances agreed upon in the Chapel of St. John,
which are publiſhed and declared unto them; and
at this Solemnity the Lord of the Ifland fits in a
Chair of State with a Royal Canopy over his Head,
and a Sword held before him, attended by the fe-
veral Degrees of the People, who fit on each Side
of him, &c. King's Def.ript. I. Man. -
Tinpeny, A Tribute fo called, ufually paid for
the Liberty of Digging in Tin Mines, from the Sax.
Tinnen, Stanneus, & Penig, Denarius, according to
Du Frefne: But fome Writers fay, it is a cuftomary
Payment to the Tithingman from the feveral Fri
burghs, as Tedingpeny fignified the Money paid the
Sheriff by the feveral Tithings; for that Tin is only
a Contraction of Teon, and means the the Number
Ten. It is mentioned in feveral Places in the Mona-
fticon. Non Tributa, non Tethingpeny, non Tin-
peny, exigat. Mon. Angl. Tom. I. pag. 419.
Tipftaffs, Officers appointed by the Marshal of
the King's Bench, to attend upon the Judges with a
Kind of Rod or Staff tipt with Silver, who take into
their Cuftody all Prifoners either commited, or
turned over by the Judges at their Chambers, &c.
See Bafton. Stat. 1 R. 2.
I i
Tithes, (Decime, from the Sax. Teotha, i. e. Tenth)
Are the Tenth Part of the Increase yearly arifing
from the Profits of Lands, and Induſtry of the Pa-
rifhioners of any Parish payable to the Clergy for
their Maintenance: They are an Ecclefiaftical In-
heritance, callateral to the State of the Land; and
a Spiritual Duty, not releafed by a Releafe of all
Demands of a Parishioner out of his Lands.
Rep. 13. 1 Cro. 293, 814. The Ecclefiaftical Courts
do hold, That Tithes are due for every Thing; tho'
by the Common Law it is otherwife, for they are
due only for fuch Things which arife by annual
Profits. 4 Mod. 344. Tithes must be paid of all
Things as yield an yearly Increase by the Act of
God; but are not due to be paid fure Divino, but
per Legem Terra. Selden. Thefe Tithes are of very
early Account with us; being mentioned in the
Laws of King Athelftan: Though the Priefts, and
Minifters of the Altar, lived at firft wholly on Oh-
lations; in after Times, the Laity gave a certain
Portion of their Revenues to the Clergy, but this
was voluntarily without any Conftraint; which Gift
was called Tithe, tho' not a tenth Part of their In-
come, or near fo much. Then in a following Age,
the Prelates in their Councils, in Concert with the
Princes, made an exprefs Law, by which they ob-
liged the Laity to give a full Tenth of their Re-
venues and Fruits, c. to the Ecclefiafticks. Chamb.
9 E
Dict.
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TI
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.
*
Dict. But no Man had a Property in Tithes until may excommunicate Perfons, difobeying his Sen-
the Council of Lateran, which was held in the Reign tence, . The treble Damages are recoverable
of our K. John; for till that Time there were no in the Temporal Courts, by Action of Debt; for
Parishes diftin& from one another, and by Confe- they are given generally, not limiting where to be
quence no Parish-Prielts who could claim any recovered; and the Forfeiture is to the Party grie-
Right to the Tithes: By a Canon made in the Late-ved, tho' it is not given to any Perfon in certain
ran Council, every Perfon is compellable to pay by the Statute, but it cannot be demanded of Exe-
Tithes to the Parfon or Vicar of that Parish where cutors, becaufe the Wrong was Perſonal, and it
they arife, whereas before, the Bifhop of every was a perfonal Contempt of the Statute: As for
Dioccfe made a general Diftribution of Tithes to the double Value, it may be recovered in the Ec-
Spiritual Perfons for their Subliftence, to charita- clefiaftical Court; and it is equivalent to the treble
ble Ufes, and for Repairs of the Church. Hob. 296. Forfeiture to be recovered in the Temporal Courts,
At Common Law none had Capacity to take Tithes, becauſe one may fuc in the Spiritual Court for
but only a Spiritual Perfon, or mixt Perfon, as the the Tithes themfelves, or a Recompence for
King; but a Layman was by the Common Law them, and
ave alfo the double Valuc. I Inft. 159.
capable of a Difcharge of Tithes. 2 Rep. Since the 2 Inf. 612, 650. If the Tithes are fet out and fe-
Statutes of Diffolution of Abbies, &c. which were vered from the Nine Parts by the Owner, they are
made Anno 27 & 31 H. 8. Tithes and other Eccle- become Lay Chattels, fo that if after the Seve-
fiaftical Revenues have been transferred to Laymen, rance they are carried away by a Stranger, the
who were not capable to take them at Common Remedy is in the Temporal Courts for treble the
Law; and Spiritual Profits being by thofe Statutes Value: And if the, Owner of the Land carries
made Lay-Fecs in the Hands of Temporal Men, if them away after Severance, this is no ferting forth.
thofe Men were wrongfully kept out of their Poffef-1 Cro. 607 2 Inft. 613. The Laws of the Church
fions, a fubfequent Statute, made the 32 Hen. 8. oblige the Owners of Corn, Hay, &c. to give.
gave them Remedy to recover in the King's Tem- Notice to the Parfon of the Setting forth the
poral Courts; though that Act did not take away Tithes; but by the Common Law fuch Notice is
the Force of the Ecclefiaftical Law concerning not neceffary; and the Statute gives the Parfon
Tithes; but all Spiritual Perfons who had any Right only a Right of feeing the Tithes fet out, but doth
to Tithes before the Statute, might fue for the fame not oblige to Notice. 2 Ventr. 48. 2 Danu. Abr. 595.
as formerly. 11 Rep. 8, 9, 10. An Affife for Tithes If a Perfon fows his Land, and before Severance
is given by the Statute 32 H. 8. cap. 7. And the the Parfon of the Parish dies, the Tithes fhall be
Statute of Limitations doth not extend to an Action paid to the Succeffor; but if the Corn is cut down,
of Debt for Tithes. Cro. Eliz. 559. Cro. Car. 513. An-the Parfon's Executors fhall have the Tithes. 1 Cro.
ciently many Men were fo fcrupuloufly careful in And if a Parishioner die before he pay his Tithes,
their Payment of Tithes, as they at their Deaths his Executors or Adminiftrators may be fued for
bequeathed Legacies, and ordered Mortuaries to be them; and if they have Affets to do it, muft pay
given to the Priest, in Lieu and Recompence of the fame. Lee 69. 4 Shep. Abr. 111. If a Man lets
any Tithes which might be forgotten: But it was his Ground or Herbage, it is faid the Parfon may
obferved by Sir Edward Coke, that in later Times, fue either the Owner of the Ground, or of the
Laymen taking Occafion to withdraw their Tithes, Cattle for his Tithe; if the Cuftom of the Place
the Statutes 27 & 32 Hen, S. and other Laws were be not against it: And if to evade the Statute, the
made, to inforce the Payment thereof. 2 Inft. 648. Owner of Corn, &c. fell it before Severance to
By the 27 Hen. 8. c. 20. On Complaint, by a Judge another, who doth reap and carry away all the
of the Ecclefiaftical Court, to two Juftices of the Corn; in this Cafe the Parfon may fue the Ven-
Peace (one of the Quorum) of any Contumacy or dor, who fhall be charged with the treble Da-
Mifdemeanour committed by a Defendant in any mages on the Statute. 13 Rep. 24. 2 Bulft. 184. A
Suit depending for Tithes, and other Dues of the Leffee for Years agrees with the Parfon to pay him
Church, the Juftices may commit fuch Defendant 101. per Annum for his Tithes, and that for this he
to Prifon, there to remain without Bail till he fhall be Tithe free; it is good to ground a Prohibi-
find fufficient Surety to give due Obedience to the tion upon, if the Parfon fue for the Tithes. I Leon.
Procefs, Decrees and Sentences of the Ecclefiafti- ca. 208. The Statute 13 Eliz. enacts, That Compo-
cal Courts. The Stat. 32 H. S. c. 7. requires, That fition for Tithes may be made by the concurrent
all Perfons do duly fet forth, and pay Tithes; and Confent of the Parfon, Patron, and Ordinary;
if they are not fet out and paid, the Party grieved and a Modus Decimandi may arife by Prefcription
may convene thofe as detain them before the Ec- from a real Compofition, beyond the Memory of
clefiaftical Judge, who has Power to hear and de. Man, &c. Where there is a Cuftom alledged for
termine, &c. And Perfons refufing Payment after the Payment of Tithes, a Prohibition fhall go to the
Sentence are to be committed to Prifon by two Ecclefiaftical Court, which may not try Cuftoms,
Juftices of Peace, on Certificate from the Judge; but the Temporal Courts; and fo it is of a Pre-
and if any Perfons are diffeifed of a Parfonage or feription to pay Money in lieu of Tithes; but in a
Tithes, made Temporal, they may have like Re-Prefcription, except it concerns a Layman, or a
medy in the Temporal Courts as for other Lands, Prefeription meerly Spiritual, &c. it is otherwife.
&c. By 2 & 3 Ed. 6. c. 13. No Perfon fhall carry 2 Lev. 103. By the 7 & 8 Will. 3. cap. 6. Small
away his Corn before he hath juftly divided and Tithes of or under the Value of 40s. may be re-
fet forth the Tenth Part, or agreed for the Tithes covered before two Juftices of the Peace not inte-
with the Parfon or other Proprietor, on Pain of refted in the Tithes, within twenty Days after De-
forfeiting treble the Value of the Tithes taken a mand, and two Years after due; and the faid Ju-
way; and the Owner claiming fuch Tithes may de- ftices are impowered to adminifter an Oath to
pute his Servant to view the faid Tithes, and fee. Witneffes, to fummon the Party, and after Ap-
that they are truly fet out and fevered from the pearance, or in Default thereof, to determine the
Nine Parts, and the fame to take away; and if Cafe in Writing, with Cofts not exceeding 10 s. but
any Perfon fhall carry his Corn or Hay, before with Liberty of Appeal to the Quarter-Seffions,
the Tithe is fet forth, or withdraw his Tithes, ftop whofe Judgment fhall be final, unless the Tide of
the Owner, &c. from viewing or carrying away fuch Tithes come in Queftion: The Juftices may
the fame, upon due Proof before a Spiritual Judge, levy the Money adjudged by Diftrefs, upon Refu
the Party fhall pay double Value of the Tithes, fal, ten Days after Notice, &c. And this Judg-
befides Cofts of Suit: And in Suits for fubftracting ment being inrolled by the Complainant, fhall not
or withdrawing of Tithes, the Ecclefiaftical Judge be removed by Certiorari; though if the Defendant
infifts
4
+
•
TI
TI
$
-
infifts on a Modus, and gives Security to pay Cofts [tained out of the Land; as Colts, Calves, Pigs, Wool,
and Damages in the Courts above, which fhall be Lambs, Milk, Cheefe, &c. and are paid where they
given against him upon a Trial at Law, the Juftices arife. 2 Inft, 490, 649, 656. And Tithes as to their
fhall not proceed; but the Complainant is put to Value, are likewife divided into Great and Small!
his Remedy by fuing for his Tithes in the Courts at Great Tithes are Corn, Hay, and Wood; fmall Tithes
Westminster. This Statute doth not extend to the comprehend all other Predial Tithes befides Corn
City of London, or any other Corporation, where and Hay, c. as alfo thofe Tithes which are Perfonal
the Tithes are particularly fettled by Act of Parlia- and Mix'd Some Things may be great or ſmall
ment. The 7 8 Will. 3. cap. 34 ordains, That if Tithes, in Regard of the Place; as Hops in Gardens
any Quaker refufe to pay or compound for great or are fmall Tithes, and in Fields may be great Tithes;
fmall Tithes, &c. the two next Juftices of Peace and 'tis faid the Quantity will turn a fmall Tithe
may, upon Complaint, convene him before them, into a great one, if the Parish is generally fown
and examine upon Oath the Matter of Complaint, with it. I Roll. Abr. 643. I Cro. 578. Wood's Inft. 162.
and thereupon determine what is due to the Per-According to the Opinion of Holt, Ch. Juft. where
fon complaining; and by Order under their Hands Flax or Hemp grow in Gardens, they fhall be ac-
and Seals, direct the Payment in all Cafes of or un- counted fmall Tithes; but when fowed in large
der 10. And if after the Order fuch Quaker Quantities in Fields, that alters the Nature of thofe
fhall refufe to comply, one of the Juftices may by Things, and then they become great Tithes: But
Warrant order the fame to be levied by Diftrefs, the other Judges held, that the Quantity did not
&c. fubject to Appeal to the Quarter-Seffions, in alter the Nature of the Flax; for let that be as
which Cafe no Warrant for Diftrefs may be grant- much or as little as it will, it is ftill fmall Tithes.
ed till the Appeal is determined. By 1 Geo. 1. c. 6. 3 Lev. 365. 4 Mod. 183. 3 Nelf. Abr. 313. Great
the Act 7 & 8 W. 3. cap. 34. is made perpetual; Tithes generally belong to the Rector; and fmall
and that Statute is extended to the Recovery of Tithes to the Vicar. Cro. Car. 20. The particular
any Tithes or Right belonging to the Church, with Things for which Tithes are paid, and for which
10s. Cofts, &c. But notwithstanding all thefe Sta-not, according to our Law, are the following, viz.
tutes, Tithes, if of any confiderable Value, are Acorns, as they yearly increafe, are liable to the Pay-
commonly fued for in the Exchequer by English Bill; ment of Tithes; but this is where they are gathered.
except it be upon the Statute of 2 & 3 Ed. 6. for and fold, and reduc'd to a certain Profit ; not when
treble and double Value, &c.
And the Manner of they drop, and the Hogs eat them. 2 Inft. 643.
Payment of Tithes is for the moft part governed by Hetl. 27. After-math, or After-pafture pays no Tithes,
Cuftom; it is the Cuftom of Parishes which gene-except by Cuftom; being the Remains of what was
rally determine what are the Dues of the Parfön, before tithed. 2 Inft. 652. 2 Dany. Abr. 589. Tit.
efpecially of fmall Tithes. 11 Rep. 16. And Cu- Difmes. Agiftment of Cattle upon Pafture Land,
ftom may make that Titheable, which of itfelf is not which hath paid no other Tithes that Year, pay,
fo. March 65. An ancient Statute obliged the Citi- Tithe for the Cattle; and if a Man breeds or buys
zens of London to pay yearly to their Parfons, for barren uprofitable Cattle and fells them, he fhall
every 20 s. Rent of all Houfes, Shops, or Ware- pay for the Agiftment; but if he depaftures his Land
9
and leffer Rents: But by an A&t of Cha. 2. after If Ground is eat up with unprofitable Cattle of a
the Fire of London, the whole Tithes of the Parishes Man's own, or others, a tenth Part of the yearly
in London were reduced to a Certainty, from 2001. Value of the Rent of the Land, i. e. the Sum of
per Annum, the greateft Incomes of Rectors, to 2 s. per Pound, is payable by the Owner of the
1001. per Ann. the loweft, over and above Perqui- Land, or his Tenant; though the twentieth Part
fites, Gifts, &c. to be levied by Rate and Affeffis ufually accepted. 1 Roll. Abr. 646. Hardr. 184.
ment on the Inhabitants, made by the feveral Al-Alder Trees pay Tithes, notwithstanding they are-
dermen of Wards, Common Council-Men and above twenty Years Growth, not being Timber. Afh
Churchwardens; and in Default of Payment, by is Timber, and therefore if thefe Trees are above
Diftrefs and Sale of Goods, by Virtue of the Lord twenty Years Growth they are Tithe free. Afp or
Mayor's Warrant; and to be paid Quarterly, &c. Alpin Trees are exempted, if beyond that Growth,
The Sums affeffed are appointed in lieu of Tithes, for in Places where they are uſed for Timber.
2 Cro.
the Maintenance of the refpective Parfons, Vicars, 199. 2 Inft. 643. Bark of Trces is not Titheable, if
Ec. of the Parishes in the Act mentioned; and in the Trees whereon produc'd were Timber. 11 Rep.
Parishes where there are Impropriations, the Im 49. Barren Land, which is fo of its own Nature,
propriators fhall pay and allow what they formerly pays no Tithe; where Land is barren, and not ma-
ufed and ought to pay to the feveral Incumbents, asnurable without fome extraordinary Charge, in re-
Part of the Maintenance of the Parfons; and no
Court or Judge Ecclefiaftical or Temporal, fhall
have Cognizance of or determine any Controverfy
relating to the Sums ordained for thofe Tithes, but
the Perfons mentioned in the Statute 22 & 23 Car.
2. cap. 15.
·
houſes, 21. 3 d. and fo in Proportion for greater with his own Saddle Horfes, he thall pay no Tithes. Over feed
:
▸
+
*
fpect of fuch Charge, and for the Advancement of
Husbandry, fuch Land being converted to Tillage,
fhall for the firft feven Years after the Improve-
ment, be difcharged from Tithes by the Act 2 &
3 Ed. 6. cap. 13. But the barren Land, during the
feven Years of Improvement, fhall pay fuch finall
Tithes are due of common Right to the Parfon Tithes as have been accuffomably paid before; and
or Rector of the Parish; and are of three Kinds, afterwards is to pay the full Tithe according to the
viz. Predial, Perfonal, or Mixt: Predial, fuch as Improvement: And if Land is over-run with Bushes,
immediately arife from the Land, either by Manu- or become unprofitable by bad Husbandry, it can-
rance, or of its own Nature, as Corn, Grain, Hay, not properly be called barren Land; for if it be
Wood, Fruit and Herbs; and thefe are due without grubbed, or plough'd and fow'd, it immediately
deducting the Cofts. Perfonal Tithes are thofe as pays Tithes. 2 Inft. 656. Cro. Eliz. 475- Beech
arife from the Labour and Induftry of Man only, Trees, where Timber is fearce, and thefe Trees are
being the tenth Part of his clear Gains in Trade, ufed for Building, if above twenty Years Growth to
c. after Charges deducted; which are paid when be Timber, are privileged from Tithes, by the Stat.
due by Caftom, though but feldom in England, and 45 Ed. 3. c. 3. though this Tree is not naturally
payable where the Party dwells, and hears Divine Timber, for 'tis Neceffity makes it fo. 2 Dano. Abr.
Service, &c. But fee the Statute 23 Ed. 6. 589. Bees are titheable for their Honey and Wax, by
Mix'd, fuch as arife not immediately from the the tenth Meafure, and tenth Pound: It hath been
Ground, but proceed from Cattle and other Things a Queftion whether the tenth Swarm can be de-
that receive their Nouriſhment from, and are main-manded for Tithes of Eces, becaufe Becs are Fera
C
Nature;
Meske.
TI
ΤΙ
Birch
Broom
1
1
Ibid.
Natura; but when the Bees are gathered into Hives, the Courfe of Husbandry; becauſe it improves and
they are then under Cuftody, and may pay Tithe renders the Land more fertile by Tying fremh. 1 Roll
by the Hive or Swarin; but the Tithe is ge- Abr. 642. Fenns being drain'd and made manurable,
nerally paid in the tenth Part of the Honey or or converted into Paftare, are fubject to the Pay-
1. Roll. Rep. 554. Fish taken in
Wax. 1 Roll Abr. 651. 3 Cro. 404, 559. Birch ment of Tithes.
Wood is titheable, though of above twenty Years the Sea or common Rivers, are titheable only by
Growth. 2 Inft. 643. Bricks pay not Tithes, for they Cuftom, and the Tithe is to be paid in Money, and
are made of Parcel of the Freehold, and are of the not the tenth Fiſh; but Fish in Ponds and Rivers
Subſtance of the Earth, not an annual Increaſe. inclos'd, ought to be fet forth as a Tithe in Kind.
I Cro. I. Broom fhall pay Tithe ; but it may be 2 Danu. Abr. 583, 584. Flax pays Tithe; every Acre.
difcharged by Cuftom, if burnt in the Owner's of Flax or Hemp fown fhall pay yearly 5s. for
Houfe, or kept for Husbandry. 2 Dany. Abr. 597. Tithe, and no more. T 12 W. 3. cap. 16. Foreft
Calves are titheable, and the tenth Calf is due to Lands fhall pay no Tithes while in the Hands of the
the Parfon when weaned, and he is not obliged to King, though fuch Lands in the Hands of a Subject
take it before; but if in one Year a Perfon hath fhall pay Tithes; and if a Foreft fhall be difafforeft.
not the Number of ten Calves, the Parfon is noted, and within a Parish, it shall pay Tithes. 1 Roll.
intitled to Tithes in Kind for that Year, without a Abr. 655. 3 Cro. 94. Fowls, as Hens, Geefe, Ducks,
fpecial Cuftom for it, though he may take it the are to pay Tithes, either in Eggs or the Young, ac-
next Year, throwing both Years together; and it is cording to Cuftom, but not in both: Turkies are
a good Cuſtom to pay one Calf in feven, where there faid to be exempt from Tithes. 2 Danv. Abr. 583.
hath been no more in one Year; and where a Man Fruit, Apples, Pears, Plums, Cherries, &c. pay
fells a Calf to pay the Tenth of the Value, or for Tithes in Kind when gathered; and ought to be
the Parfon to have the right Shoulder, c. 1 Roll. let out according to the Statute, 2 Inft. 621. Fruit-
Abr. 648. Raym. 277. Cattle fold pay Tithe; but Trees cut down and fold, are not titheable, if they
not Cattle kept for the Plough or Pail, which fhall have paid Tithe Fruit that Year before cut.
pay no Tithe for their Pafture, by Reafon the Par-652. Furzes, if fold, pay Tithe, nor if used for Fuel
fon hath the Benefit of the Labour of Plough Cat-in the Houfe, or to make Pens for Sheep, Sc.
tle in tilling the Ground, by the Tithe of Corn, Wood's Inft. 166. Gardens are titheable as Lands, and
and Tithe Milk for thofe kept for the Pail; yet if therefore Tithes in Kind are due for all Herbs,
fuch Cattle bought are fold before ufed, or if being Plants, and Seeds fowed in them; but Money is
paft their Labour, the Cows are barren, and after- generally paid by Cuftom or Agreement. Ibid. Grafs
wards fatted in order to fell, Tithes fhall be paid mowed is titheable by Payment of the tenth Cock,
for them; though if the Owner kill and ſpend the or according to Cuftom; but for Grafs cut in
Cattle in his own Houfe, no Tithe is due for them, Swarths for Suftenance of Plough Cattle only, not
being for his Provifion to fupport him in his Labour made into Hay, no Tithe is to be paid. Grafs or
about other Affairs, for which the Parfon hath Corn, &c. when fold ftar Jing, the Buyer fhall pay
Tithes Cattle feeding on large Commons, where the Tithes; and if fold after cut and fevered, the
the Bounds of the Parish are not certainly known, Seller muft pay it. 1 Roll. Abr. 644, 645. Wood's
fhall pay Tithes to the Parfon of the Parish where Inft. 166. Hazle, Holly, and Maple Trees, c. are
the Owner lives; and if fed in feveral Parishes, regularly titheable, although of 20 Years Growth.
and they continue above a Month in each Parish, 2 Danu. Abr. 589. Hay pays a Predial Tithe; the
Tithes ſhall be paid the two Parſons proportionably. I tenth Cock is to be fet out and paid, after made
Roll. Abr. 646,647, 635. Hardr. 35. Chalk and Chalk-into Hay, by the Cuftom of moft Places, and the
pits are not titheable; nor is Clay or Coal, as they
are Part of the Freehold, and not annual, to pay
Tithes. 2 Inft. 651. Cheeſe pays Tithe by Cuftom,
where Tithe is not paid for the Milk; but if the
Milk pays a Tithe the Cheefe pays none: And it
may be a good Custom to pay the tenth Cheefe
made in fuch a Month, for all Tithe Milk in that
Year. 1 Roll. Abr. 651. Chickens are not titheable,
becauſe Tithe is paid for the Eggs. 1 Roll. Abr. 642.
Colts pay Tithes in the fame Manner as Calves. Ibid.
Conies are titheable only by Custom, for thofe that
are fold, not for fuch as are spent in the Houfe.
2 Danv. Abr. 583. Corn pays a Predial Tithe; it is
tithed by the tenth Cock, Heap, or Sheaf, which
if the Owner do not fer out, he may be fued in an
Action upon the Statute 2 & 3 Ed. 6. And if the
Parishioner will not fow his Land ufually fown, the
Parfon may bring his Action against him. When
Tithe Corn is fet forth, the Law gives the Parfon
a reaſonable Time to carry it away; and if he
fuffer the fame to lie too long on the Land to the
Prejudice of the Owner thereof, he may be liable
to an Action: But the Parfon may not fet out the
Tithes himself, or take them away without Leave.
1 Roll. Abr. 644. 1 Sid. 283. 2 Vent. 48. Ley 70.
Deer are not titheable, for they are Fere Nature;
though in Parks, &c. they pay Tithes by Cuftom.
2 Inft. 651. Doves kept in a Dove-house if they
are not spent in the Owner's Houfe are titheable. 1
Vent. 5. Eggs pay Tithe when Tithes are not paid
for the Young. 1 Roll. Abr. 642. Elm Trees being
Timber are difcharged from the Payment of Tithes,
but not if under twenty Years Growth. 2 Inft. 643.
Fallow Ground is not titheable for the Pafture in that
Year in which it lies fallow, unless it remain beyond
4
Parishioners fhall make the Grafs Cocks into Hay
for the Parfon's Tithe; but if they are not obliged
to make the Tithe into Hay, they may leave if in
Cocks, and the Parfon must take it, for which
Purpoſe he may come on the Ground, &c. A Pre-
fcription to mealure out and pay the tenth Acre,
or Part of Grafs ftanding, in lieu of all Tithe Hay,
may be good: And if Meadow Ground is ſo rich,
that there are two Crops of Hay in one Year, the
Parfon by fpecial Cuftom may have Tithe of both.
I Roll. Abr. 643, 647, 950. Headlands are not Tithe-
able, if only large enough for turning the Plough;
but if larger, Tithe may be payable. 2 Inft. 65.
Herbage of Ground is Titheable for barren Cattle
kept for Sale, which yield no Profit to the Parfon.
Wood's Inft. 167. Honey pays a Tithe, as under Bees.
Hops are Titheable, and the Tenth Part may be fet
out after they are picked: There are feveral Ways
of titheing Hops, viz. by the Hills, Pole, or Pound;
in fome Places they fet forth the tenth Pole for
Tithes; but my Lord Chief Juft. Roll tells us, they
ought not to be tithed before dried. 1 Roll. Abr. 644.
Horfes kept to fell, and afterwards fold, Tithes fhall
be paid for their Pafture; though not where Horfes
are kept for Work and Labour. Hutt. 77. Houſes
for Dwelling are not properly titheable: A Modus
may be paid for Houfes in lieu of Tithes of the
Land upon which they are built, and a great many
Cities and Boroughs have a Cuftom to pay a Modus
for their Houfes; as it may be reaſonably fuppofed
that it was ufual to pay fo much for the Land, be-
fore the Houſes were erected on it. 11 Rep. 16.
2.Inft. 659. Kids pay a Tithe as Calves, the tenth
is due to the Parfon. Wood 167. Lambs are tithe
able in like Manner as Calves; but if they are
yeaned
TI
ΤΙ
?
·
to another, the Parfons of each Parish to have
Tithe pro Rata, where they remain thirty Days in
a Parish; and if they are fed in one Parish, and
brought into another to be fhorn, the fame Titheing
is to be obferved. 1 Roll. Abr. 642, 647. 3 Cro. 237.
Stubble pays no Tithe under Aftermath. 2 İnft, 652.
Tares, Vetches, &c. are titheable; but if they are
cut down green, and given to the Cattle of the
Plough, where there is not fufficient Pafture in the
Parish, no Tithe fhall be paid for them. I Cro. 139.
Tiles are no yearly Increase, and not titheable. 2
Inft. 651. Timber Trees, fuch as Oaks, Aſhes, and
Elms, and in fome Places Beech, &c. above the
Age of twenty Years, were diſcharged of Tithes by
the Common Law, before the Statute 45 Ed. 3.
and the Reafon of it is, becaufe fuch Trees are
employed to build Houfes, and Houles when built
are not only fixed to, but Part of the Freehold; and
if thofe Trees ftand fo long till they become
rotten and fit for Firing only, no Tithe is due for
them, becauſe they were once privileged; and
pay no Tithes, for the Branch is privileged as well
as the Body of the Tree; and the Roots of ſuch
Trees are exempted as Parcel of the Inheritance.
Trees cut for Plough-boot, Cart-boot, &c. fhall not
pay Tithes, although they are no Timber; bur all
Trees not fit for Timber, and not put to thoſe
yeaned in one Parish, and do not tarry there thirty no Tithe for their Feeding. If Sheep are in the
Days, no Tithe is due to the Parfon of that Place: Parifh all the Year, they are to pay Tithe Wool
If there be a Cuſtom that the Parishioner having to the Parfon; but if removed from one Pariſh
fix Lambs or under, thall pay ſo much for every
Lamb; and if he have above that Number, then to
pay the Seventh, it is good. 3 Cro. 403. Lead may
pay Tithe by Cuftom, as it does in fome Counties;
but it doth not without it. 2 Inft. 651. By Caftom
only, Lime and Lime Kilns are titheable. 1 Roll.
Abr. 642. Maft of Oak and Beech pays Tithe, as
under Acorns. Milk is titheable when no Tithes are
paid for Cheeſe, all the year round, except Cu-
from over-rules; and it is payable by every tenth
Meal, not tenth Quart or Part of every Meal;
and is to be brought to the House of the Parfon,
&c. by Cuftom, in which Particular this Tithe dif-
fers from all others, which must be fetched by the
Receiver. In fome Places they pay Tithe Cheefe
for Milk, and in others fome fmall Rate accord-
ing to Cuftom. Cro. Eliz. 609. 2 Danu. Abr. 596.
Mills, as there are feveral Sorts of them, the
Tithes are different; the Tithes of Corn Mills driven
by Wind or Water, are paid in Kind, every tenth
Toll-Difh of Corn to the Parfon of the Parish
wherein the Mills are ſtanding: But ancient Corn-Loppings of Timber-Trees, above 20 Years Growth,
Mills are Tithe free, being fuggefted that they are
very ancient, and never paid Tithes, &c. And it
is queftioned whether Tithe is due for any Corn-
Mills, unleſs by Cuftom, becauſe the Corn hath
before paid Tithe; and it feems rather a Perſonal
Tithe where duc: The Tithes of Fulling-Mills, Pa-
per-Mills, Powder-Mills, &c. are Perfonal, char-Ufes, pay Tithes. 1 Roll. Abr. 650. Cro. El 2. 477,
ged in respect to the Labour of Men, by Cuftom 499. Turfs uſed for Fuel are Part of the Soil,
only; and are regarded more as Engines of feveral and Tithe free. 2 Inft. 651. Underwood is titheable,
Trades than as Mills. 1 Roll. Abr. 656. 2 Inft. 621. though the Tithe is not of annual Payment; and
Mines pay no Tithes but by Cuftom, being of the is fet out while ftanding, by the tenth Acrc, Pole,
Subftance of the Earth, and not annually increafing or Perch, or when cut down, by the tenth Faggot
2 Inft: 651. Nurſeries of Trees fhall pay Tithes, if or Billet, as Cuftom directs; and if he that fells
the Owner digs them up and makes Profit of them the Wood doth not fer our the Tithe, he is liable to
by felling. 2 Danu. Abr. 585. Oak Trees are pri- the treble Damages by 2 Ed. 6. cap. 13. But if the
vileged as Timber from the Payment of Tithes by Underwood is uſed for Firing in a Houſe of Huf-
the Statute of Sylva Cadua 45 Edw. 3. if of or above bandry, or to burn Brick to repair the House, or
20 Years Growth; and if Oaks are under that Age, for Hedging and Fencing the Lands in the fame
it is the fame when they are apt for Timber. Moor Parish, it may be difcharged from Tithe.
541. Offerings, &c. are in the Nature of Perfonal 642, 643, 652. Hob. 250. 2 Danv. Abr. 597. War-
2 Inft.
Tithes. 2 Inft. 659, 661. Orchards pay Tithes both vens where Titheable, fee Conies. Waste Ground,
for the Fruit they produce, and the Graſs or Grain, whereon Cattle feed, is liable to the Payment of
if any be fown or cut therein. 2 Inft. 652. Parks | Tithes. 2 Danu. Abr. Woad growing in Nature of
are titheable by Custom, for the Deer and the an Herb is a Predial and fmall Tithe. 2 Danv. 594.
Herbage; and when difparked and converted into Wood is generally esteemed to be a great Tithes If
Tillage, they fhall pay Tithes in Kind: The Tithes Wood-Grounds have likewife Timber-Trees grow-
of Parks may be in part certain, and part cafual;ing on them, and confift for the moſt part of ſuch
and 25. a Year, and a Shoulder of every Third Trees, the Timber-Trees fhall privilege the other
Deer, hath been paid as Tithe for a Park. 1 R. Wood; but if the Wood is the greatest Part, then
Rep. 176. Hob. 37, 40. Partridges and Pheasants, &c. it must pay Tithes for the Whole. 13 Rep. 13. If
as they are Fera Natura, yield no Tithes of Eggs or Wood be cut to make Hop-Poles, where the Parfon
Young. Roll. Abr. 636. Peafe, if gathered for Sale, hath Tithe Hops, no Tithe fhall be paid for it.
or to feed Hogs, pay Tithes; but not Green Peafe Hughes's Abr. 689. Wool is a mixed fmall Tithe, paid
ſpent in the Houfe. 1 Roll. Abr. 647. Pigeons ought when clipped; one Fleece in Ten, or in fome Places
to pay Tithes when fold; and this holds good if one in feven is given to the Parfon. If there is
they lodge in Holes about an Houfe, as well as in under ten Pounds of Wool at the Shearing, a rea-
a Dove-houfe; and by Cuftom if spent in the fonable Confideration fhall be paid, becauſe the
Houſe, they may be titheable, though not of com- Tithes are due of common Right; and if leſs than
mon Right. 2 Dano. Abr. 583, 597. Pigs are tithe ten Fleeces, they fhall be divided into ten Parts,
able, as Calves. Ibid. Pollard Trees, fuch as are or an Allowance be otherwife made.
All Sheep
ufually lopped, and diftinguiſhed from Timber-killed, and Sheep which die, pay Tithe Wool; and
Trees, pay Tithes. Plowd. 470. Quarries of Stone, Neck-Wool cut off for the Benefit of the Wool,
c. are not fubject to pay Tithes, becauſe they are but not if it is to preferve the Sheep from Vermin,
Part of the Inheritance, and Tithes ought to be. Alſo the Wool of Lambs ſhorn at Midſummer,
collateral to the Land, and diftin&t from it. 1 Roll. though Tithe was paid for the Lambs at Mark-tide,
644. Rakings of Corn are not titheable, for they is titheable. 1 Roil. Abr. 646, 647. 2 Inst. 652. Vide
are left for the Poor, and are properly the Scatter-Tithe of Sheep. When any Thing is titheable only
ing of the Corn whereof the Tithes have been by Custom, it may be exempted from Tithe by Cu-
paid, left after the Cocks fet out are taken away. ftom; but Cuſtom to exempt Corn, c. from Tithe,
Cro. Eliz. 660. Saffron pays a predial and fmall will not be allowed, becaufe for that Tithes are
Tithe. 1 Cro. 467. Salt is not titheable, but by due de jure. Count. Parf. Compan. 155. See Modus
Cuftom only. 2 Danv. Abr. Sheep, a Tithe is paid and Prefcription.
for of Lambs and Wool, and therefore they pay
I
1
9 F
Tithes
ΤΙ
ΤΟ
}
1
Tithes Extraparochial, which do not lie in any ja Title to that Church; from whence the Church
Parish, belong to the King. 2 Rep. 2, 44.
itſelf was afterwards denominated Titulus. Concil.
Tithing, (Tithinga, from the Sax. Teothunge, i. c. London, Anno 1125. No Perfons fhall be ordained
Decuriam) Is in its firft Appointment the Number or without a Title; and this is required to keep out
Company of ten Men with their Families, held thofe from the Miniftry who might otherwife for
together in a Society, all being bound for the Want of Maintenance bring Disgrace upon the
peaccablé Behaviour of each other: And of thefe Church. And if a Bishop fhall admit any Perfon
Companies there was one chief Perſon who was into the Miniftry without any Title, he fhall main-
fome Ecclefiaftical
called Teothung-man, at this Day Tithing man; but tain him till he prefers him to
the old Difcipline of Tithingi is long fince left off. Living; or if he refufes fo to do, he fhall be fuf-
In the Saxon Times, for the better Confervation of pended from giving Orders for one Year. Can. 31.
the Peace, and more cafy Adminiftration of Ju Anciently a Title of Clergy was no more than en-
ftice, every Hundred was divided into ten Districtstering their Names in the Bishop's Roll, and then
or Tithings; and within every Tithing, the Tithing- they had not only Authority to affift in the Mini-
men were to examine and determine all leffer Cau- fterial Functions, but had a Right to the Share of
fes between Villages and Neighbours; but to refer the common Stock or Treafury of the Church;
greater Matters to the then Superior Courts, which but fince a Title is an Affurance of being preferred
had a Jurifdiction over the whole Hundred. Paroch. to fome Ecclefiaftical Benefice, a Certificate that
the Clerk is provided of fome Church, or Place,
Antiq. 633.
intends
&c. or where the Biſhop who ordains him,
hortly afterwards to admit him to a Benefice or
Curacy then void. Count. Parf. Compan. 2, 3.
Titinglks, An old Word for Tale-bearers.
Tithing-men, Are now a Kind of Petty Confta-
bles, elected by Parishes, and fworn in their Offices
in the Court-Leet, and fometimes by Juftices of
Peace, &c. There is frequently a Tithing-man
in the fame Town with a Conftable, who is as it
were a Deputy to execute the Office in the Con-
ſtable's Abſence; but there are fome Things which
a Conftable has Power to do, that Tithing men and
Headboroughs cannot intermeddle with. Dalt. 3.
When there is no Conftable of a Parish, the Office
and Authority of a Tithing-man feems to be all one
under another Name. Stat. 13 & 14 Car. 2. cap. 12.
See Conftable.
*
In all Realms the Popish Practice hath had
Confederacy of falfe, forfworn, fa&tious, and trai-
terous Titinylks, untrue to their Sovereign, &c.
Letter Secr. State, 28 H. S. to James 5. King of
Scotland.
Coalia, A Towel; and there is a Tenure of
Lands by the Service of Waiting with a Towel at
Petrus Picote tenet unum
the King's Coronation :
Mefung. &c. per Serjeantiam ferviendi cum una Toalia
ad Coronationem Regis. Inq. Ann. 12, 13 K. John.
Title, (Titulus) Is when a Man hath lawful
Tobacco, Is not to be planted in England, on Pain
Cauſe of Entry into Lands whereof another is
feifed; and it fignifies alfo the Means whereby a of forfeiting 40s. for every Rod of Ground thus
Man comes to Lands or Tenements, as by Feoff-planted; but this fhall not extend to hinder the
ment, Fine, Laft Will and Teftament, &c. The Planting of Tobacco in Phyfick Gardens. 12 Car. 2.
Word Title, includeth a Right; but is the more ge- cap. 34. And Juftices of Peace have Power to iffuc
neral Word: Every Right is a Title, though every Warrants to Conftables, to fearch after and ex-
Title is not ſuch a Right for which an Action lies; amine whether any Tobacco be fown or planted, and
to that Titulus eft justa Caufa poffidendi quod noftrum to deftroy the fame; which they are to do under
4 Ex
eft, and is the Means of holding the Lands. Co. Penalties, &c. 22 & 23 Car. 2. cap. 26. The
Litt. 345. A Man may plead in Treſpaſs, &c. with-5 W. & M. continues the Statute 22 & 23 Car. 2.
out particularly fetting forth his Title, where his And by a late Act, if any Perfon fhall cut Walnut-
Juftification is collateral to the Title of the Land; Tree Leaves, or other Leaves, (not being To-
fo if Damages are to be recovered, and the Title bacco Leaves) or colour them fo as to reſemble
of the Land is not in Queſtion; and in Actions on Tobacco; or hall fell the fame mixed with To-
real Contracts, where the Plaintiff fhews enough bacco they fhall forfeit 5 s. per Pound: And the
to intitle him to the Action, &c. 2 Mod. 70. 1 Roll. like Penalty is inflicted for exporting fuch Leaves,
Rep. 13. Cro. Car. 571. 3 Nelf. Abr. 325. But in or Engines for cutting, which may be feifed by the
Trefpafs for cutting Corn on Lands, the Party Officers of the Cuftoms, &c. Alfo Servants em-
muft fet forth the Title which he hath to the Corn,ployed therein may be committed to Gaol, or the
or on Demurrer it will be judged ill; for the fhew-
ing that he is poffeffed thereof, is not fufficient
without a Title, because the Property fhall be in-
tended to be in the Owner of the Soil. 2 Sand. 401.
3 Salk. 361. When a Perfon will recover any
Thing from another, he muſt make out and prove
a better Title than the other hath; or it will not
be enough to deftroy his Title, &c. Hob. 103. It is
not allowed for the Party to forfake his own Title,
and fly upon the other's; for he must recover by
his own Strength, not the other's Weakneſs. Ibid.
104. If by the Record it appears that the Plaintiff
in the Caufe hath no Title, he fhall not have Judg.
ment. Lutw. 1631. The Law will not permit Titles
and Things in Entry, &c. to be granted over; and
the Buying or Selling any pretended Rights or
Titles to Lands, is prohibited by Statute as Main
tenance. 32 H. 8. c. 9.
*.
Houfe of Correction, for any Time not exceeding
fix Months, &c. 1 Geo. 1. cap. 46.
Tod of Wool, Contains twenty-eight Pounds,
or two Stone; mentioned in the Statute 12 Car. 2.
cap. 32.
Toft, (Toftum) A Meffuage, or rather a Place
or Piece of Ground where an Houſe formerly ſtood,
but is decayed or cafually burnt, and not re-cdified
it is a Word much uſed in Fines, wherein we often
read Toftum and Croftum, &c. Weft's Symb. par. 2.
Star. 22 & 23 Car. 2.
Toftman, (Toftmannus) The Owner or Poffeffor
of a Toft. Reg. Priorat. Lew. pag. 18.
Toile, (Fr. i. c. Tela) A Net to encompass or take
Deer, which is forbid to be uſed unlawfully in
Parks, on Pain of 20 1. for every Deer taken there-
with. 3 & 4 W. & M. c. 10.
Tokens Falfe, to get Money or Goods by from
others, &c. See Falfe Tokens.
C.
Toll, (Tollere) Signifies to defeat or take away;
to Toll an Entry is to take away the Right of
Entry, 8 Hen. 6.
Titles of Clergymen, Signify fome certain
Place where they may exercife their Functions. A
Title in this Senfe, is the Church to which a Prieftas
was ordained and conftantly to refide: And there
are many Reaſons why a Church is called Titulus,
one is becauſe in former Days the Name of the
Saint to whom the Church was dedicated was en-
graved on the Porch, as a Sign that the Saint had
Coll, (Tolnetum, vel Theolonium) Is a Saxon Word,
and properly a Payment in Towns, Markets, and
Fairs, for Goods and Cattle bought and fold. It is
a reaſonable Sum of Money due to the Owner of
•
the
1
2
ΤΟ
T.O
:
+
other Officers, they fhall pay double Damages, and
fuffer Imprisonment, &c. Stat. Weftm. 1. Ed. 1.
Owners of Markets and Fairs are to appoint Toll-
takers, where Toll is to be taken under Penalties,
by the 2 & 3 Ph. & M. cap. 7. And he that hath
the Toll, or Profit of the Market where no Toll is,
ought to provide a lawful Meaſure of Brafs, and
chain it in the publick Market-place, or fhall for-
feit 51. 22 Car. 2. cap. 8. See Market.
Chozough-Toll, Is when a Town preferibes to
have Toll for fuch a Number of Beafts, or for every
Beaft that goesh through their Town; or over a
Bridge or Ferry, maintained at their Coff, which
is reasonable, though it be for paffing through the
King's Highway, where every Man may lawfully
go, as it is for the Eafe of Travellers that go that
Way. Terms de Ley 561, 562. Perfons may have
this Toll by Prefcription or Grant; but it must be
the Fair or Market, upon Sale of Things tollable
within the fame. 2 Inft. 220. And it is used for a
Liberty as well to take, as to be free from Toll; of
which Freedom from Toll the City of Coventry boafts
an ancient Charter granted by Leofrick Earl of the
Mercians, in the Time of King Edw. the Confeffor,
who at the Importunity of Godeva, his virtuous
Lady, granted this Freedom to that City. By the
ancient Law of this Land, the Buyers of Corn or
Cattle in Fairs or Markets ought to pay Toll to the Post-Toll. A Prefeription to have Port-Toll for
Lord of the Market, in Teftimony of the Contract all Goods coming into a Man's Port may be good;
there lawfully made; for Toll was firft invented and this 'tis faid without any Confideration. 2 Lev.
that Contracts in Markets fhould be openly made 96.
2. Lut. 1519. And it hath been adjudged,
before Witneffes; and privy Contracts were held that the Liberty of bringing Goods into a Port for
unlawful. But the King fhall pay no Toll for any Safety, implics a Confideration in itfelf 3 Lev. 37.
of his Goods; and a Man may be difcharged from Prefeription of Toll for Goods landed in a Manor,
the Payment of Toll, by the King's Grant. Alfo or to have Port-Toll for all Goods coming into Fort,
Tenants in Ancient Demefne are difcharged of is a good Preſcription; but not to have Toll of
Toll throughout the Kingdom, for Things which Goods brought into a River, &c. 2 Lev. 96, 97.
arife out of their Lands, or bought for Manurance Toll may be appurtenant to a Manor. 2 Mod. 144.
thereof, not for Merchandizes. Horn's Mir. lib. Toll-Travers, Is where one claimeth to have
I. 2 Inft. 221. 2 Roll. Abr. 198. Toll doth not of Toll for every Beaft driven over his Ground; for
common Right belong to a Fair; though it hath which a Man may preferibe, and diftrain for it in
been held, that fome Toll is due of common Right, via Regia. Cro. Eliz. 710. They who claim thefe
as appears from the Immunities of feveral Perfons Tolls by Grant, ought to aver the Certainty of the
not to pay Toll, which proves that if it was not for Sum mentioned in the Grant, &c. Palm. 76. Toll-
thofe Privileges, they ought to pay Toll of common Travers being to paſs a nearer Way, he that hath it
Right; therefore where the King grants a Market, is to repair the Way, becauſe he receives Money
Toll is due, although it is not expreffed in the for it. 2 Lill. Abr. 585.
Grant what Toll is to be paid; and this from the
Neceffity of it, becauſe the Property of Things
fold in a Market is not altered without paying Toll.
Palm. 76. 2 Lutw. 1377. 3 Nelf. Abr. 326. But it
is faid, if the King grants to a Man a Fair or Mar-
ket, and grants no Toll, the Patentee fhall have no
Toll; for Toll being a Matter of private Right for
the Benefit of the Lord, is not incident to a Fair or
Market, as a Court of Picpowders is, which is for
the Benefit of the Publick and Advancement of Ju- for a treaſonable Caufe, which muſt be fhewn, viz.
ftice, &c. Such a Fair or Market is free from Toll;
and after the Grant made, the King cannot grant a
Toll to fuch free Fair or Market, without fome pro-
portionable Benefit to the Subject: And if the Toll
granted with the Fair or Market be outragious, the
Grant of the Toll is void, and the fame is a free
Market, &c. 2 Inft. 220. Cro. Eliz. 559. When the
Turn-Coll, A Toll paid for Beafts that are dri-
King grants a Fair, he may likewife grant that Toll ven to Market to be fold, and do return unfold.
fhall be paid, though it be a Charge upon the Sub-18 Rep. 46. There is alfo In-toll; and Out toll, men-
jects; but then it must be of a very fmall Sum. tioned in ancient Charters: But if any one take Toll
Toll is to be reaſonable, for the King cannot grant where he ought not, the Party grieved fhall have
a burthenfome Toll; and one may have Toll by Pre- an Action on the Cafe, or Action of Trefpafs, c.
ſcription for fome reaſonable Caufe, but fuch a Nelf. Abr. 325, 326. Of Toll, and Grants, Cu-
Prefcription to charge the Subje&t with a Duty of ftoms and Preferiptions for Tolls, good, and not fo,
Toll, muft import a Benefit or Recompence for it, fee 4 Mod. 319. 5 Mod. 361. Lutw. 1380, 1518.
or fome Reaſon muſt be fhewn why it is claimed.
Cro. Eliz. 559. 3 Lev. 424. 2 Mod. 143. 4 Mod.
323. The Toll in Fairs is generally taken upon the
Sale of Cattle, as Horfes, &c. but in Markets for
Grain only; and the Lord may feife until Satisfaced,
tion is made him: It is always to be paid by the
Buyer, unless there be a Cuftom to the contrary;
and nothing is Tollable before the Sale, except it
be by Cuſtom Time out of Mind; which Cuſtom
none can challenge that claim the Fair or Market
by Grant fince the Reign of King Richard 2d; fo Tollefter, (Tolceftrum) An old Excife, or Duty
that it is better to have a Market or Fair by Pre-paid by the Tenants of fome Manors to the Lord,
fcription, than Grant. 2 Inft. 220, 221. At this Day for Liberty to brew and fell Ale. Cartular. Rading.
there is not any one certain Toll to be taken in Mar 221. Chart. 51 Hen. 3.
kets; but if that which is taken be unreaſonable, it
is punishable by the Stat. 3 Ed. 1. cap. 31. And what
fhall be deemed reaſonable is to be determined by
the Judges of the Law, when it comes judicially be-
fore them: Toll may be faid to be unreaſonable and
outragious, where a reaſonable Toll is due, and ex-
ceffive Toll is taken; or when no Toll is due, and
Toll is unjustly ufurp'd, &c. 2 Inft. 222. If exceffive
Toll be taken in a Market-Town, by the Lord's
Confent, the Franchiſe fhall be feifed; and if by
that they are to repair and maintain a Caufeway,
or a Bridge, or fuch like. Cro. Eliz. 711. The King
granted to a Man, to take fuch Toll of Perfons that
paffed over certain Bridges with their Cattle, as was
taken there and elſewhere in England, &c. and it
was held void for Incertainty. Bridgm. 88.
3
Collage, Is the fame with Tallage; fignifying
generally any Manner of Cuftom, or Impofition.
This Word occurs in the Statute 17 Car. 1. cap. 15.
Toll-Booth, The Place where Goods are weigh-
c.
Toll-coin, Is Corn taken for Toll Ground at a Mill:
And an Indictment lies against a Miller for taking
too great Toll. 5 Mod. 13.
Toll-hop, A fmall Difh or Meafure by which
Toll is taken in a Market, &c.
Tolley, (from the Sax. Tol. i. e. Tributum, & See,
Sedes,) Is the Place where Merchants meet, in a
City or Town of Trade.
Tolt, A Writ whereby a Caufe depending in a
Court Baron, is removed into the County Court.
Old. Nat. Br. 4 And as this Writ removes the
Caufe to the County Court; fo the Writ Pone remo-
veth a Caufe from thence into the Court of Common
Pleas, &c.
Colta,
TR
TR
Tolta, Signifies Extortion, any Thing exacted or
impos'd contrary to Right and Justice. Brad. Hift.
Engl. Append. pag. 235.
Combs, Defacing of in Churches. See Monu
ment.
· Comin, A Weight of 12 Grains ufed by Gold-
fmiths and Fewellers.
Connage, (Tonnagium) Is a Cuſtom paid to the
King. Vide Tunnage.
Cozta, (Sax. Tor) A Mount or Hill; as Glaften-
bury Torre Chart. Abbat. Glafton, MS. pag. 114.
Tost, (from the Lat. Tortus) Is a French Word
for. Injury or Wrong; and Wrong is properly called
Tort, becauſe it is wrefted or crooked. Co. Litt. 158.
See De Son tort, &c.
Costfealoz, (Fr. Tortfaifeur) A Wrong doer, or
Trefpaffer. 2 Coke's Rep. 383.
4
Toties quoties, As often as a Thing fhall hap-
pen, &c. uled in Deeds and Conveyances. 19 Car.
2. cap. 4.
:
=
prohibited during the War, and importing Goods
was declared a common Nufance, and the Commo-
dities were to be feifed and burnt; the Veffels with
their Furniture, &c. to be forfeited; and landing
Goods, or affifting therein, incurr'd a Penalty of
500 Though the Prohibition of Trade to France
was taken off and repealed by 9 Ann. cap. 8. The
King was enabled to prohibit all Trade with Sweden,
on the intended Invafion of this Kingdom, by the
late King of Saveden. 3 Geo. I. cap. 1. All Trade
with Spain, during the prefent War, is prohibited;
and no Goods of the Growth or Manafacture of Old
Spain, fhall be imported into Great Britain or Ireland,
&c. from any Place, mixt or unmix'd with Com-
modities of any other Nation, on Pain of forfeit
ing the Goods and treble Value; and alfo the Ship
or Veffel, with all her Furniture, &c. Stat. 13 Geo.
2. c. 27. None of the King's Subjects may trade to
and with a Nation of Infidels without the King's
Leave, becauſe of the Danger of relinquishing
Totted. A good Debt to the King, is by the Chriftianity; and Sir Edw. Coke faid, That he had
foreign Appofer or other Officer in the Exchequer feen a Licenfe from one of our Kings, reciting,
noted for fuch by writing the Word Tot to it: And That he having a ſpecial Truft and Confidence that
that which is paid fhall be totted- Tot Pe-fuch a one, his Subject, would not decline his Faith
cuniæ Regi debetur. Stat. 42 Ed. 3. cap. 9.
Ed. 6. and Religion, licenſed him to trade with Infidels,
&c. 3 Nelf. Abr. 331. As to private Trades, at Com-
cap. 15.
mon Law none was prohibited to exercife any par-
ticular Trade, wherein he had any Skill or Know-
ledge; and if he used it unskilfully, the Party
grieved might have his Remedy against him by Ac
tion on the Cafe, &c. By the 5 Eliz. a Man muſt
ferve ſeven Years Apprenticeſhip, before he can fet
up any Trade; tho' it hath been refolv'd that the
Statute doth not prohibit the Ufe of a Trade for a
Family, but the publick Ufe of it in general.
11 Rep. 53. If a Bond or Promife reftrains the Ex-
ercife of a Trade, tho' it be to a particular Place
only, if there was no Confideration for it, it is void;
if there be a Confideration, in fuch Cafe, it may
be good: But if the Reftraint be general throughout
England, although there be a Confideration, it will
be void. 2 Lill. Abr. 179. Hence we fee how the
Law favours Trade, &c.
Tourn, The Sheriff's Court fo called.
Turni
See
Tournaments, Martial Exercifes frequent in
former Ages, wherein the Combatants fought with
blunt Weapons, and in great Companies; the In-
tent of them was to enure Men to the Wars. Vide
Fufts.
r
-
Tout temps pzíft & uncoze eft, i. e. Always was,
and is at prefent ready; and is a Kind of Plea by
Way of Excufe for him that is fued for any Debt
or Duty. Broke 258.
Towage, (Towagium, Fr. Touage) Is the Rowing
or Drawing a Ship or Barge along the Water by
another Ship or Boat faftened to her; or by Men
or Beasts on Land; It is alfo Money which is given
By Bargemen to the Owner of Ground next a River
where they tow a Barge or other Veffel. Plac. Parl.
18 Ed. 1.
Town, (Oppidum, Villa) A wall'd Place or Bo-
rough: The old Boroughs were first of all Towns;
and upland Towns, which are not ruled and go
verned as Boroughs, are but Towns, though in-
cloſed with Walls. Finch 80. There ought to be in
every Town a Conftable, or Tithingman; and it can-
not be a Town unleſs it hath or had a Church, with
Celebration of Sacraments and Burials, &c. But
if a Town is decayed ſo that it hath no Houſes left,
yet it is a Town in Law. 1 Inft. 115. Under the
Name of a Town, or Village, Boroughs, and 'tis
faid Cities are contained; for every Borough or
City is a Town. Where a Murderer efcapes un-
taken in a Town, in the Day-time, the Town fhall
be amerced. 3 Hen. 7. cap. 1. And a Township is
anfwerable for Felons Goods to the King, which
may be ſeiſed by them. 1 R. 3. c. 3. But fee 31
Ed. 3. cap. 3. A Cuftom may be alledged in a
Town, &c.
*
Trabariæ, Were little Boats, fo called from
their being made out of fingle Beams, or Pieces
of Timber cut hollow. Florence of Wor efter, pag.
618.
Trabes in Churches, was that we now call
Branches, made uſually with Braſs, but formerly with
Iron. Cowel,
Traitus, A Trace by which Horfes in their Gears
draw a Cart, Plough, or Waggon. Paroch. Antiq.
549.
י
Trade, Companies of, and their Privileges and Ad-
vantages, fee Merchant.
Traga, A Waggon without Wheels; mentioned
in Mon. Angl. Tom. 1. pag. 851.
Trait, Bread of Trait was formerly what we now
call White-bread..
Tranfcript, Is the Copy of any Original Wri-
ting, or Deed, &c. where it is written over again, or
exemplified. Stat. 34 35 Hen. S. cap. 14.
Transcripto pedes finis levati mittendo in Can-
cellaríum, A Writ for certifying the Foot of a Fine
levied before Juftices in Eyre, &c. into the Chan-
cery. Reg. Orig. 669.
Tranfcripto Recognitionis fa&tæ cozam Juftici=
ariis itinerantibus, &c. Is an old Writ to certify a
Recognizance taken by Juftices in Eyre. Reg. Orig.
152.
Tranfgreffione, A Writ or Action of Treſpaſs, ac-
cording to Fitzherbet.
Tranfire, (from Tranfeo) Is ufed for a War-
rant from the Custom-Houfe, to let paſs. 14 Car. 2.
cap. 11.
Tranfitory, Is the Oppofite to Local: Transitory
Actions are thofe as may be laid in any County, or
Place; fuch as Perfonal Action of Trefpafs, &c.
See Local.
Trandation, (Tranflatio) In a common Senfe of
the Word fignifies a Verfion out of one Language
into another; but in a more confined Acceptation,
it denotes the Setting from one Place to another,
Trade, In general Signification is Traffick or Mer-and the Removal of a Bifhop to another Diocese,
chandize: Alſo a private Art, and Way of Living.Sc. which is called Tranflating: And ſuch a Biſhop
All the King's Subjects were to have a free Trade writes not Anno Confecrationis, but Anno Tranſla-
with France, Spain, &c. Stat. 3 Fac. 1. cap. 6. But tionis noftræ, &c. A Biskop tranflated, is not confe
by 1 W. & M. cap. 34. all Trade with France was crated de novo; for a Confecration is like an Ordina-
tion,
2
TR
TR
1
tion, 'tis an indelible Character, and holds good for tion, and traverse that special Matter; and in ſuch
ever. 3 Salk. 12. But the Bishop is to be a-new Cafe a Traverse on a Traverfe hath been adjudge
elected, &c. Salk. 137. See Poftulation.
good. 1 Saund. 32. Poph. 101. Thefe Rules are to
Tranſportation, Is the Banifhing or Sending away be obſerved in Traverses: 1. The Traverse of a Thing
a Criminal into another Country. And by Statute, immediately alledged, vitiates a good Bar. 2. No-
if any one convicted of Felony, fhall in open Court thing must be traversed but what is exprefly alledged.
pray to be transported, it may be done if the Court 3. Surplufage in a Plea doth not inforce a Traverse.
thinks fit. 31 Car. 2. cap. 2. The 4 Geo. 1. cap. 11.4. It must be always made to the ſubſtantial Part of
was made for the more effectual Tranfportation of the Title. 5. Where an A&t may indifferently be
Offenders convict of Felony, or Larceny, within intended to be at one Day or another, there the
the Benefit of Clergy, c. And all Charges in Day is not traversable. 6. In Action of Trefpals ge-
tranfporting Felons, are to be born by the Place nerally the Day is not material; though if a Mat-
for which the Court was held, &c. By the 5 Geo. ter be to be done upon a particular Day, there it is
1. cap. 28. Deer-Stealers may be tranfported to the material and traverfable. 2 Roll. Rep. 37. 1 Roll. Rep.
Plantations, &c. And if any Perfons forcibly hin- 235. Yelo. 122. 2 Lill. Abr. 313. If the Parties
der Officers of the Cuſtoms, in executing their Of have agreed on the Day for a Thing to be done,
fice, being arm'd with Weapons, and eight in Com-the Traverse of the Day is material; but where they
pany, they fhall be tranfported, by 6 Geo. I. So
three Perfons affembled near the Sea-Coafts, with
Fire-Arms, &c. to run uncuftomed Goods. Stat.
9 Geo. 2. c. 35.
?
•
Transportation, Of Goods and Merchandize, is al-
lowed and not allowed, in many Cafes by Statute,
for the Advantage of Trade. See Merchant, &c.
Travellers. Inn-keepers are to receive Travel-
lers, and find them Lodging, Victuals, &c. And on
Refufal, a reaſonable Price being tendered, they
may be indicted and fined; or Action of the Cafe
lies against them. 2 Hawk. 225.
·
:
are not agreed on the Day, it is otherwife; and
though 'tis proved to be done on another Day, 'tis
fufficient. Palm. 28o. Per Holt Ch. Juft. Where a
Traverfe goes to the Matter of a Plea, &c. all that
went before is waved by the Traverfe; and if the
Traverfe goes to the Time only, it is not waved.
2 Salk. 642. In Action of Trefpafs, a particular
Tranfubftantiation, (Tranfubftantiatio) Is a Con-Place and Time, were laid in the Declaration, and
verting into another Subftance: To tranfubftantiate, in the Plea there was a Traverse as to the Place,
1. e. Quidpiam in aliam Subftantiam concerto. Litt. but not as to the Time: On Averment that it was
Dict. A Declaration against the Doctrine of Tranfub- eadem Tranfgreffio, the Plea was held good. 3 Lev
ftantiation ufed in the Church of Rome, is required 227. 2 Lutw. 1452. Where a Plea in Juftification
by the Stat. 30 Car. 2. cap. 1.
of a Thing is not local, a Traverse of the Place is
wrong. 2 Mod, 270. The Subftance and Body of a
Plea must be traverfed. Hob. 232. But a Traverse,
that a Perfon died feifed of Land in Fee modo &
forma as the Defendant had declared, was adjudged
good Hutt. 123. A Lord and Tenant differ in the
Traverse, (from the Fr. Traverfer) Is ufed in the Services, there the Tenure and not the Seifin fhall
Law for the denying of fome Matter of Fact, al- be traversed; but if they agree in the Services, the
ledged to be done in a Declaration or Pleadings; Seifin and not the Tenure is traverfable; and it is a
upon which the other Side comes and affirms that it general Rule, that the Tenant fhall never traverse
was done; and this makes a fingle and good Iffue the Seifin of the Services without admitting the Te-
for the Cauſe to proceed to Trial: And the formal nure. March 116.3 Nelf. Abr. 361. That which is
Words of a Traverse are in our French Sans ceo, in not material nor traverſable, is not admitted when it
Latin Abfque hoc, and in English without that, that is alledged, and not traversed. 2 Salk. 561. But the
Inch a Thing was done, or not, &c. Kitch. 227. Omitting a Traverfe where it is neceffary, is Matter
Weft. Symb. part. 2. A Plea will be ill, which nei-of Subftance. 2 Mod. 60. And a Traverſe of a Debt
ther traverseth nor confeffeth the Plaintiff's Title, is ill when a Promife is the Ground of the Action;
c. And every Matter in Fact, alledged by the which ought to be traverfed, and not the Debr. Leon.
Plaintiff, may be traversed by the Defendant; but 252. A Traverse fhould have an Inducement to make
not Matter of Law, or where it is Part Matter of it relate to the foregoing Matter. And 'tis no good
Law and Part Matter of Fact; nor may a Record Plea for the Plaintiff to reply, that a Man is alive
be traversed which is not to be tried by a Jury. And who is alledged to be dead, without traversing that
if a Matter be exprefly pleaded in the Affirmative, he is not dead. 2 Lill. 3 Salk. 357. It is faid that
which is exprefly anfwered in the Negative, no Tra- where a Traverfe abfque hoc comprizes the whole Mat-
verfe is neceffary, there being a fufficient Iffue join'd; ter generally, it may conclude & de hoc pon. Se Super
alfo where the Defendant hath given a particular Patriam; but when it traverses a particular Matter,
Anſwer in his Plea, to all the material Matters con- the Conclufion ought to be with an Averment, &c.!
tained in the Declaration, he need not take a Salk. 4. Traverse in an Anſwer in Chancery, Re-
Traverfe; for when the Thing is anfwered, there plication, &c. See Chancery.
needs no further Denial. Cro. Eliz. 155. Yelv. 173,
193, 195. 2 Mod. 54. If a Traverfe contain no more
than the Party hath pleaded before, it will not be
good: No Traverse ought to be taken but where the
Thing traversed is iffuable: And where one will
make a Traverſe to a Declaration, he ought to tra-
verfe that Part of it, the doing whereof will make
an End of the Matter, when the Point is deter-
mined by the Jury. 2 Roll. Rep. 37. 2 Lill. Abr. 587.
3 Nelf. Abr. 355. As one Traverfe is enough to
make a perfect Iffue, a Traverse cannot regularly be Traverse of an Office, Is to prove that an Inqui-
taken upon a Traverse, if 'tis well taken to the ma-fition made of Lands or Goods by the Efcheator,
terial Point, and goes to the Subftance of the Action; is defective and untruly made. No Perfon fhall tra-
but where the firſt Traverse is not well taken, nor verfe an Office, unless he can make to himſelf a
pertinent to the Matter, there to that which was good Right and Title: And if one be admitted to
fufficiently confeffed and avoided before, the other traverse an Office, this Admiffion of the Party to the
Party may well take a Traverfe after fuch immate-Traverse, doth fuppofe the Title to be in him, or
rial Traverfe taken before: And if fpecial Matter elfe he had no Caufe of Traverse. Vaugh. 64. 2 Lill.
alledged in a foreign County in the Defendant's Abr. 590, 591.
Plea be falfe, the Plaintiff may maintain his Ac-
1
Traverle of an Indictment of Prefentment, Is to
take Iffue upon, and contradict or deny fome chief
Point of it: As in a Prefentment againſt a Perſon
for a Highway overflow'd with Water, for Default
of fcouring a Ditch, &c. he may traverse the Mat-
ter, that there is no Highway, or that the Ditch
is fufficiently scoured; or otherwife traverse the
Caufe, viz. That he hath not the Land, or he and
they whofe Eftate, &c. have not uſed to feour the
Ditch. Lamb. Eiren. 521. Book Entr..
9 G
Traversam,
TR
TR
}
Traverfunt, Signifies a Ferry: It is mentioned in
the Monafticon. Tom. 2. pag. 1002.
Trawlermen, A Kind of Fishermen on the River
Thames, who ufed unlawful Arts and Engines to de-
ftroy Fish, of which fome were termed Tinckermen,
others Hebbermen, and Trawlermen, &c. And hence
comes to trowl or trawl for Pikes. Stow's Surv. Lond.
pag. 19.
Traylbalton, Commiffions of in the Reign of K.
Edw. 1. See Justices of Traylbafton..
Traptor, (Traditor, Proditor) A State-Offender, Be-
trayer; &c.
Crayterous, (Perfidiofus) Treacherous, or full of
Difloyalty. Law Lat. Dict.
!
»
+
I
t
"
any of the King's Juftices of either Bench, Juftices
of Affife, &c. being in their Places doing their
Offices; thofe Cafes are to be adjudged Treafon :
And if any other Cafe happen before the Juftices,
fuppofed to be Treafon, they fhall not proceed to
Judgment till it be declared by the King and Par-
liament whether it ought to be judged Treafon, or
not. 25 Ed. 3. It was made High Treafon to wifh or
defire, by Words or Writing, or to imagine the
Death of the King, Queen, or their Heir apparent;
or to publifh, that the King was an Heretick, Schif
matick, Infidel, &c. by 26 H. 8. c. 13. And to en-
deavour to depofe the King, or affirm by Writing
that he is an Ufurper, Tyrant, &c. was declared
Trayterous Pofition, Of taking Arms by the Treafon by the Ed. 6. c. 12. But theſe are repealed
King's Authority against his Perfon, and thofe that are by 1 Mar. which enacts, That no A&t, Deed or Of
commiffioned by him, is condemned by the Statute fence, fhall be deemed or adjudged Treafon, but fuch
14 Car: 2. cap. 3•.
as are declared and exprefs'd to be fo by the 25 Ed. 3.
Treafon, (From the Fr. Trahir, to betray, and concerning Treafons. Mar. Seff. 1. c. 1. All Trea-
Trabifon Betraying, contracted into Treafon) is the fons were fottled by the Stat. 25 Ed. 3. c. 2. And
Crime of Treachery and Infidelity to our lawful by 1 Mar. c. 1. that Act was re-inforced and con-
Sovereign; the Latin Word for which uſed in Law firmed and made the only Standard of Treafon; the
is Proditio, and is divided into High Treaſon, Alta 1 Mar. takes away the Power of the King and Par-
Proditio, and Petit Treafon, Proditio parva: And liament to adjudge any Thing else to be Treason,
there is Mention of Accumulative and Conftructive than what is declared to be fuch therein: So as no
Treafon in fome of our Statutes. High Treafon is de- Crime is at this Day High Treafon, Petit Treafon, or
fined to be an Offence committed against the Secu- Mifprifion of Treafon, unless it be declared by 25 Ed. 3.
rity of the King and Kingdom; and as all Treafons or by fome Statute fince the 1 Mar. cap. 1. All o-
include Felony, the Word Proditorie muſt be uſed ther Statutes made between thofe two Acts concern-
in the Indictment for Treafon, to diftinguifh it. ing High Treafon are abrogated; but fince I Mar.
3 Faft. 4, 15 The Greatness of this Offence of Trea-many Offences are made High Treafon by Statute,
Jon, and Severity of the Punishment thereof, is upon which were not fo before; as relating to the Pope,
two Reafons; becauſe the Safety, Peace and Tran- Popish Priests and Papifts, the Proteftant Succeffion, &c.
quility of the Kingdom, is highly concerned in the And to fay that the King is a Papift, or that he in-
Prefervation of the Perfon and Government of the tends to introduce Popery; intending Death or bo-
King; and therefore the Laws have given all pof- dily Harm, or a Reftraint of the King's Perfon;
fible Security thereto, under the fevereft Penalties: or to incite an Invafion, &c. and fuch Intentions de-
And as the Subjects have Protection from the King clared by Printing, Writing or Speaking, the Offen-
and his Laws; fo they are bound by their Allegi- ders fhall be adjudged Traitors. 13 Car. 2. c. I. It
ance to be true and faithful to him. I Hale's Hift. was declared Treafon for Perfons to ſend any Arms,
P. C. 59. At Common Law there were different Powder, Mafts, Cordage, &c. to France, during the
Opinions concerning High Treafon; and before the late War, by 3 & 4 W. & M. c. 13. Correſpond-
Statute 25 Ed. 3. Treafon was a very uncertain ing with the pretended Prince of Wales, or remitting
Crime; for the Killing of the King's Brother, or him Money, is made High Treafon. 13 W. 3. c. 3.
even of his Meffenger, was taken to be included And if any one fhall malicioufly by Writing or Print-
in it; fo when A&ts tended to diminish the Dignity ing, declare that the King is not lawful King, or
of the Crown, and where a Man grew popular, that the Pretender hath any Title to the Crown, he
this was conftrued to be incroaching Royal Power, fhall be guilty of Treafon. 4 & 5 Ann. c. 3. Offi.
and held to be Treafon; fo that by the Excefs of cers or Soldiers of this Realm, holding Correfpon-
the Times, any Crime by aggravating the Cir-dence with any Rebel, or Enemy to the King, or
cumftances of it, was heightened into Treafon: giving them any Advice, Information by Letter,
Wherefore this Statute was made to determine what Meffuage, &c. is declared Treafon by the 2 & 3 Ann.
Thould be Treason; and fince the Making thereof, And if a Subject of Great Britain or Ireland fhall in-
there can be no conftru&tive Treafon, e. Nothing lift himſelf a Soldier, with Intent to go beyond Sea,
can be conftrued to be Treafon, which is not literal-
ly ſpecified in that Act; nor may the Statute be
conftrued by Equity, becauſe it is a declarative
Law, and one Declaration ought not to be a Decla-
ration of another; befides it was made to fecure the
Subject in his Life, Liberty and Eftate, which by
admitting Conftru&tions to be made of it, might de-
ftroy all. 1 Hawk. P. C. 34. 3 Salk. 358. The Sta-
tute 25 Ed. 3. cap. 2. (reciting that divers Opinions
having been, what Cafes fhould amount to High
Treafon) enacts and declares, That if a Perfon doth
compafs or imagine the Death of the King, Queen,
or their eldeſt Son and Heir; or if he do violate and
deflower the King's Wife or Companion, or his
eldeſt Daughter unmarried, or the Wife of the
King's eldeſt Son; or if he levy War against the
King in his Realm, or adhere to his Enemies, give
them Aid and Comfort in the Realm, or elſewhere,
and thereof be provably attainted of open Deed;
and if Man counterfeit the King's Great or Privy
Seal, or his Money, or bring falfe Money into the
Kingdom, like to the Money of England, to make
Payment therewith in Deceit of the King and his
People; or if he kill the Chancellor, Treaſurer, or
:
4
I
to ferve any Foreign Prince or State, he fhall fuffer
and forfeit as in Treason. 12 Ann. &c. Theſe are
the chief of our Statutes antient and modern, de-
claring what Offences fhall be Treafon; and Treafons
committed out of the Realm may be tried in B. R.
as if the Offence had been done in the County of
Middlefex; alfo they may be inquired of and tried
in fuch County as the King thinks fit, &. A Party
within one Year after Outlawry for Treafon, may fur-
render himself to the Chief Juftice of England, and
traverse the Indictment; and none fhall be attaint.
ed of Treafon but by the Teftimony of Two Witnef
fes, &c. by Stat. 35 H. 8. c. 2. 5 Er 6 E. 6. c. 1 I.
All Trials for High Treafon fhall be according to
the Courfe of the Common Law, and not other-
wife, 12 Ph. & Mar. cap, 10. And Perfons in-
&
dicted for Treafon are to have a Copy of the Indict-
ment five Days before Trial, to adviſe with Coun-
fel; and fhall be admitted to make a full Defence
by Counſel learned in the Law, and by lawful Wit-
neffes, &c. and there must be two Witneffes to the
fame Overt-A&, or two Acts of the fame Treafon,
produced Face to Face, to make out the Treafon
againſt them. 7 W. 3. cap. 3. If one Witneſs in High
Treafon
༈
TR
TR
Treafon be pofitive, and the other is only by Hear
fay; these are not two lawful Accufers, within the
Statutes; But two Witneffes are not required either
upon the Indictment or Trial of Treafons for Coun-
terfeiting Money, by the Provifo of the Statute.
1 & 2 P. & M. Offenders guilty of High Treafon
by being concerned in the Rebellion in the firft
Year of K. Geo. 1. were to be tried before fuch
Commiffioners of Oyer and Terminer and Gaol-Deli-
very, and in fuch County as his Majefty by any
Commiffion under the Great Seal fhould appoint,
by lawful Men of the fame County, as if the Fat
had been there committed: This extended only to
Perfons actually in Arms. 1 Geo. 1. c. 33. All are
Principals in High Treafon; and on Attainder of
Treason, the Blood of the Criminal is corrupted; he
fhall be drawn, hang'd and quarter'd; and forfeit his
Lands and Goods to the King, &c.
1
"
Treafon by the Stat. 25 Ed. 3 in compaffing and ima-
gining the Death of the King, must be manifefted by
fome Overt-Act; as by providing Arms to do it, con-
fulting to levy War against him, writing Letters to
excite others to join in it, affembling Perfons in or-
der to impriſon or depofe the King, or to get him
into their Power, &c. thefe Acts are fufficient to
prove that one compaffed or imagined the Death of
the King, and to make a Man guilty of High Trea-
Jon. 3 Inft, 6, 12. It has been a very great Queſtion
whether Words fpoken can amount to High Treafon
But it was refolved in the Trial of the Regicides,
that though a Man cannot be indicted of High Trea-
fon for Words only; yet if he be indicted for com-
paffing the King's Death, there Words may be laid
as an Overt-A&, to prove that he compaffed the
Death of the King; and to fupport this Opinion,
the Cafe of a Perfon was cited who was indicted of
Treafon, Anno 9 Car. I. for that he being the King's
Subje&t at Lisbon ufed thefe Words; I will kill the
King, (innuendo King Charles) if I may come to him;
and afterwards he came into England for that Pur-
pofe; and two Merchants proving that he spoke the
Words, for that his traiterous Intent and the wicked
Imagination of his Heart was declared by thefe
Words, it was held to be High Treafon by the Com-
mon Law, and within the Statute of the 25 Ed. 3.
cap. 2. Cro. Car. 242. 1 Lev. 57. Deliberate Words,
which fhew a dire& Purpoſe againſt the King's Life,
will amount to an Overt-Act of compaffing or ima-
gining the King's Death; as the Compaffing or Ima-
gining the Death of the King is the Treafon, Words
are the moft natural Way of expreffing the Imagi-
nation of the Heart, and may be good Evidence of
it: And any external Act which may be a Manifefta-
tion of fuch Imagination, is an Overt-Act; but altho'
Words may be an Overt-Aft of Treafon, they must be
fo certain and pofitive, as plainly to denote the In-
tention of the Speaker, and be laid with an Aver-
ment that they were fpoken de Rege, &c. 1 Hawk.
P. C. 40. 2 Salk. 631. 3 Mod. 52. The Maxim,
That no Words can amount to Treafon, at this
Day, is not generally true; and notwithstanding
the Objection made againſt Words being High Trea-
fon, from the Stat. 1 M. cap. 1. wherein it is faid,
that many honourable Perfons, and others of good
Reputation, had then of late for Words only fuf-
fered fhameful Death, that the Severity of fuch
like dangerous and painful Laws fhould be abolish
ed: It was enacted, That no Offence made Treafon
by Words, Writing, Cyphering, &c. fhould be ad-
judged Treafon: It appears from the next Part of
the Preamble of the faid Statute, that it is appli-
cable only to the Statutes in the Time of King
Hen. 8. which made barc Words High Treafon. And
in the first Edition of Hale's Pleas of the Crown it
is twice faid, that it hath been adjudged that
Words are an Overt A&; though in the latter Edi-
tion it is faid, that Compaffing by bare Words is
not an Overt-A&t, &c. i Hawk, 41. Ever fince
*
the Revolution, it has been the conftant Practice,
where a Perfon, by treasonable Diſcourſes, has mani-
fetted a Defign to murder or depofe the King, to
convict him upon fuch Evidence: And Chief Ju
ftice Holt was of Opinion, That exprefs Words were
not neceffary to convict a Man of High Treafon ;
but if from the Tenor of his Difcourfe, the jury
were fatisfied he was ingaged in a Defign againſt
the King's Life; this was fufficient to convict the
Prifoner. State Trials, Vol. 4. pag. 172. Words of
Perfuafion to kill the King, are Overt-Acts of
compaffing his Death; and it hath been adjudged,
that he who intended by Force to prefcribe Laws
to the King, and to reſtrain him of his Power, doth
intend to deprive him of his Crown and Life; that
if a Man be ignorant of the Intention of thoſe who
take up Arms again the King, if he join in any
Action with them, he is guilty of Treafon; and
that the Law conftrueth every Rebellion to be a
Plot against the King's Life, and a Depofing him,
because a Rebel would not fuffer that King to
reign and live, who will punish him for Rebellion.
Moor 620. 2 Salk. 63. 3 Nelf. Abr. 365. It is faid,
that Words fpoken to draw away the Affection of
the People from the King, and to ftir them up
against him, tend to his Death and Destruction, and
are Treafon But the Imagination in High Treaſon,
without Act or Word, is not punishable. Dyer 128.
1 Rep. Fenk. Cent. SS. If Words are fet down in
Writing, and kept privately in one's Clofet, they
are not an Overt-A&t of Treaſon, except the Words
are publiſhed. Kel. 20. But it has been held, that
treafonable Matter put in Writing, Scribere eft agere;
and though it was not publiſhed, but fent in a Box
to the King, it fhewed the Intent of the Party to
be High Treafon. 2 Roll. Rep. 88. Under the Head
of compaffing and imagining the King's Death, In-
tention of Treafon proved by Circumftances, is High
Treafon: The Law takes Notice of Intentions to
commit Treafon, and Mens Actions are governed by
their Intentions, &c. I Inft. 140. 5 Mod. 206. For
a Man to fay, That he will be King after the King's
Death, hath been adjudged Treafon: And fo to
prophefy when the King fhall die; for this may
imply a Knowledge of a Confpiracy. Roll. Rep. 88.
There must be a Compaffing, Intent or Imagina-
tion to kill the King, to make the Offence Treafon;
the Killing him per infortunium, as Sir Wa. Tyrrel
killed King Will. 2. by the Glance of an Arrow in
New Foreft, is not Treafon: And though by the au-
tient Law, if a Madman killed, or offered to kill
the King, it was held to be Treafon; by the Stat.
25 Ed. 3. by Force of the Words Compass or Imagine,
he that is Non Compos Mentis, and totally deprived
of all Compaffings and Imaginations, cannot com
mit High Treafon; but it must be an abfolute Mad-
nefs, and total Deprivation of Memory. 3 Inft. 6.
If the Husband of a Queen Regent confpire her
Death; or a Queen Confort fhall confpire the
King's Death, either of thefe Acts are Treafon; And
though the Compaffing the Death of the Queen Confort
be Treafon, by the 25 Ed. 3. this must be intended
during the Marriage; and it doth not extend to a
Queen Dowager. 3 Inft. 8. And the eldest Son and
Heir of the King, that is living, is intended by the
faid A&t, though he was not the first Son; but if
the Heir apparent to the Crown be a collateral
Heir, he is not within the Statute; nor is a Con-
fpiracy against fuch collateral Heir, Treafon by this
A&t. Ibid. Alfo Violating the Queen Confort is High
Treafon, and her yielding and confenting to it is
Treafon; but this doth not affect a Dowager Queen:
So likewife Violating the Wife of the Prince is Treaſon
only during the Coverture. 3 Inft. 9. And the eldest
Daughter of the King is fuch a Daughter as is eldcit
not married, at the Time of the Violation, which
will be Treafon, although there was an elder Daugh-
ter than her, who died without Iffue; for now the
Elder
!
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Elder alive has a Right to the Inheritance of the thofe who in a violent Manner withſtand his lawful
Crown, upon Failure of Iffue Male: And violating Authority, or attempt to reform his Government,
the Queen's Perfon, &c. was High Treafon at Com- do levy War againſt him; and therefore to hold a
mon Law, by Reafon it deftroyed the Certainty of Fort or Caftle against the King's Forces, or keep
the King's Iffue, and confequently raiſed Contention together armed Men in great Numbers against the
about the Succeffion, H. P. C. 16. A Queen Dowager King's exprefs Command, have been adjudged a
after the Death of her Husband, is not a Queen levying War and Treafon: But thofe who join them-
within the Statute; for though fhe bears the Title, felves to Rebels, &c. for fear of Death, and return.
and hath many Prerogatives anfwering the Dignity the firft Opportunity, are not guilty of this Of-
of her Perfon, yet fhe is not the King's Wife or fence. 3 Inft. 10. Kel. 76. A Perfon in Arms was
Companion: And a Queen divorced from the King fent for by fome of the Council from the King, and
a vinculo Matrimonii, is no Queen within this A&t, to give in the Names of thofe that were armed
altho' the King be living; which was the Cafe of with him; but he refuſed, and continued in Arms
Q.-Katharine, who after twenty Years Marriage in his Houfe, and it was held Treafon: Alfo where
with King Hen. 8. was divorced caufa affinitatis. he went with a Troop of Captains and others into
1 Hale's Hift. P. C. 124. At Common Law Compaf London to pray Help of the City to fave his Life,
fing the Death of any of the King's Children, and de- and bring him to Court to the Queen, tho' there
claring it by Overt-Act, was taken to be Treafon; was no Intent of Hurt to her, was adjudged Treafon;
though by this Statute it is reftrained to the eldest and in them who joined with him, tho they knew
Son and Heir. Ibid. 125. By the Common Law, nothing but only a Difference between him and
Levying War against the King was Treafon: But, as fome Courtiers: So if any Man fhall attempt to
in Cafes of High Treafon, there muft be an Overt- Strengthen himself fo far, that the Prince cannot
A&; a Confpiracy or Compaffing to levy War is no Refift him. Earl of Effex's Cafe, Moor 620. To fuc-
Overt-Act, unless a War is actually levied; tho' if cour or adhere to the King's Enemies, give them Com-
a War is actually levied, then the Confpirators fort or Relief, or for any Perfon to be in Council
are all Traitors, altho' they are not in Arms: And with others to levy any feditious Wars, are High
a Confpiracy to levy War will be Evidence of an Treafon: And the Delivery or Surrender of the
Overt-A&t to maintain an Indi&ment for Com- King's Caftles or Forts, by the Captains thereof, to
paffing the King's Death; but if the Indictment be the King's Enemy, within the Realm or without,
for levying War only, Proof muft be made that a for Reward, &c. is an Adhering to the King's
War was levied, to bring the Offender under this Enemies, and Treafon by the 25 Ed. 3. A Lieute-
Claufe of the Statute 25 Ed. 3. 3 Inft. 8, 9. H. P. C. nant of Ireland let feveral Rebels out of Dublin
14. If two or more confpire to levy War, and Caftle, and difcharged fome Irish Hoftages which
one of them alone raiſes Forces; this fhall be ad- had been given for Securing the Peace; and for
judged Treafon in all. Dyer 98. And Perfons raifing this he was attainted of High Treafon in adhering
Forces for any publick End or Purpoſe, and to the King's Enemies. 33 H. 8. I Leon. Adhering
putting themfelves in a Pofture of War, by chufing to the King's Enemies out of the Realm is Treafon;
Leaders, and oppofing Conftables or Guards, &c. and one who was beyond Sea having folicited a
is High Treafon: Some Time ago there was a great foreign Prince to invade the Kingdom, was held
Riot in London by the Apprentices there, fome guilty of High Treafon, and triable by the Statute
whereof being imprisoned, the Reft confpired to 35 Hen. 8. But Adherence out of the Realm muft
kill the Lord Mayor, and releafe their Comrades; be alledged in fome Place in England. 3 Inft, 10.
and in order to it, to 'provide themfelves with H. P. C. 14. Dyer 298, 310. If there be War be-
Armour, by Breaking open two Houfes near the tween the King of England and France, thofe English.
Tower; they marched with a Cloke on a Pole, in- men that live in France before the War, and con-
Atead of an Enfign, towards the Lord Mayor's tinue there after, are not meerly upon that Account
Houfe; and in the Way meeting with Oppofition Adherents to the King's Enemies, to be guilty of
from the Sheriffs, refifted them; this was held Treafon, unless they actually affift in fuch War; or
Levying of War and Treason. Trin. 37 Eliz. Sid. at least refufe to return into England, upon a Privy
358.
Thoſe who make an Infurrection in order to Seal, or on Proclamation and Notice thereof; and
redress a publick Grievance, whether it be a real this Refufal is but Evidence of an Adherence
or pretended One, are faid to levy War against and not fo in it felf. 1 Hale's Hift. P. C. 165. It
the King, altho' they have no direct Defign againft has been adjudg'd, that Adhering to the King's
his Perfon; as they are for doing that by private Enemies is an Adhering against him; and that
Authority, which he by publick Juftice ought to English Subjects joining with Rebel Subjects of the
do, which manifeftly tends to a Rebellion: For King's Allies, and fighting with them under the
Example; Where great Numbers by Force endea- Command of an Alien Enemy Prince, is Treaſon, in
vour to remove certain Perfons from the King, or Adhering to the King's Enemies; and Cruifing in
to lay violent Hands on a Privy Counsellor, or a Ship with Intent to deffroy the King's Ships,
revenge themſelves against a Magiftrate for exe- without doing any Act of Hoftility, is an Overt-Act
cuting his Office, or to deliver Men out of Prifon, of Adhering, Comforting and Aiding; for where
expel Foreigners, or to reform the Law or Reli- an Englishman lifts himſelf and marches, this is Trea-
gion, to pull down all Bawdy-houfes, or throw down fon without coming to Battle, or actual Fighting.
all Incloſures in general, &c. But where a Num-2 Salk. 634. An Indictment for Levying of War,
ber of Men rife to remove a Grievance to their or Adhering to the King's Enemies generally, with-
private Intereſt, as to pull down a particular In-out fhewing fome particular Inftances, is not good;
clofure, they are only Rioters; for there is a Dif- becauſe of thefe Words, viz. And thereof shall be
ference between a Pretence that is publick and ge- proveably attainted by Overt-Deed, which follow and
neral and one that is private or particular. 3 Inft. 9. are connected to the Treafons of Compaffing the
H. P. C. 14. Kel. 75. 1 Hawk. P. C. 37. It was re- King's Death, Levying War, and Adhering to the
folved by all the Judges of England in the Reign of King's Enemies; and as thefe Treafons are feveral
King Hen. 8. That an Infurrection against the and diftin&t Treafons, one of them cannot be made
Statute of Labourers, for raifing their Wages, was an Overt-A&t of another. Ibid. There is no Ne-
a Levying of War against the King; becaufe it was ceffity exprefly to alledge that Adherence was a-
generally against the King's Law, and the Offenders gainft the King; but the Special Manner of Ad-
took upon them the Reformation thereof. Read herence must be fet forth: And it is faid, that the
Statutes, Vol. 5. pag. 150. Not only fuch as directly Succouring a Rebel, fled into another Realm, is
retel and take up Arms against the King; but alfo not within the Statute; for a Rebel is not properly
;
an
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C.
an Enemy, and the Statute is strictly taken. 1 Hawk. | ing others, done purpoſely to make a little Dif
38. Subjects of the King, in open War or Rebel- ference, alters not the Cafe, but 'tis High Treafon;
lion, are not the King's Enemies, but Traitors; being publiſhed on a feigned Patent to be true, &c.
and if a Subject join with a foreign Enemy, and Ibid. 184. At Common Law Forging of the King's
come into England with him, if he be taken Pri- Money was Treafon, as Counterfeiting it is by the Stat.
foner, he fhall not be ranfomed or proceeded a- 25 Ed. 3. Forging or Counterfeiting foreign Money
gainst as an Enemy, but as a Traitor to the King: made current here by Proclamation, is likewife
On the other Hand, an Enemy coming in open High Treafon, by 1 Mar. c. 6. And if not current
Hoftility into England, and taken, fhall be either here, it is Mifprifion of Treafon. Counterfeiting
executed by Martial Law, or ranfomed; for he the King's Coin, or impairing or lightening it by
cannot be indicted of Treafon, becauſe he never was Clipping, &c. is Treafon; but it fhall work no Cor-
within the Ligeance of the King. 3 Inft. 11. By ruption of Blood. 18 El. cap. 1. And as thoſe who
the Word Proveably, a Perfon ought to be convicted coin Money without the King's Authority are guilty
of the Treafon on direct and manifeft Proofs, and of Treafon; fo are thoſe that have Authority to do
not upon Prefumptions or Inferences; and the it, if they make it of greater Alloy, or less Weight
Word Attainted, neceffarily implies, That the Pri- than they ought. 3 Inft. 17. 2 Inft. 577. H. P. C. 20.
foner be proceeded againſt and attainted according If A. Counterfeit Money, and another vent the
to due Courſe of Law; wherefore if a Man be fame for his own Benefit, he is not guilty of Trea-
killed in open War against the King, or be put to fon; for it is only a Cheat and Mifdemeanor in him,
Death arbitrarily, or by Martial Law, and be not punishable by Fine and Impriſonment: But if one
attainted of Treafon according to the Common Law, Counterfeits the King's Money, tho' he never vents
he forfeits nothing; for which Caufe fome Perfons it, this is a Counterfeiting and Treafon within the
kill'd in open Rebellion againſt the King, have Statute. And if any Man doth Counterfeit the law-
been attainted by A&t of Parliament. Ibid. 12. If a ful Coin of this Kingdom in a great Meaſure, but
Perfon be indi&ted of Treafon, and will not anſwer, with fome Variation in the Impreffion, &c. yet it
or if he anſwers impertinently, Judgment fhall be is Counterfeiting of the King's Money; and fhall
given against him as taken pro Confeffo that he is not evade the Statute. 1 Hale's Hift. P. C 214, 215
Guilty. Styles 104. On a Judgment for High Trea- Treafon in making Stamps, Dyes, &c. for coining
fon, Error was brought, for that the Indictment did and colouring Metal, &c. See S9 W. 3. and
not conclude contra Ligeantia, &c. Now though all Coin. Bringing Falfe Money into this Kingdom, coun-
the particular Facts of the Treafon were fully ex- terfeited like the Money of England, knowing it to
preffed, fo that it appeared that it must be contra be falfe, is Treafon by the 25 Ed. 3. In this Cafe
Ligeantia fua debitum, yet the Judgment was re- it must be counterfeited, according to the Likeneſs
verfed. 3 Lev. 396. Upon a Writ of Error to re- of English Money, and is to be knowingly brought
verfe an Attainder in Treafon, becauſe the Party over from fome foreign Nation, not from
any Place
convicted was not asked what he had to fay why fubject to the Crown of England; and must be ut-
Judgment fhould not be given against him, the At-tered in Payment. 3 Inft. 18. The Killing of the
fainder was reverfed; for he might have a Pardon,
or fome Matter to move in Arreft of Judgment,
2 Salk. 630. 3 Mod. 265. And the Omiffion of any
neceffary Part of the Judgment for Treafon, is Error
fufficient to reverfe an Attainder, as it is more fe-
vere and formidable in Treafon, than for any other
Crime. 2 Salk. 632. As to the Counterfeiting the
King's Seal, this was Treafon by the Common Law;
and the Statute 25 Ed. 3. mentions only the Great
Seal and Privy Seal; for the Counterfeiting of the
Sign Manual or Privy Signer, is not Treafon within
that A&, but by 1 & 2 P. & M. c. 6. Thoſe who
aid and confent to the Counterfeiting of the King's
Seal are equally guilty with the Actors: But an
Intent or Compaffing to counterfeit the Great Seal,
if it be not actually done, is not Treafon; there
muſt be an actual Counterfeiting, and it is to
be like the King's Great Seal. 3 Inft. 15. S. P. C.
3. H. P. C. 18. And this Branch of the Statute
does not extend to the Affixing the Great Seal to a
Patent, without a Warrant for fo doing; nor to
the Rafing any Thing out of a Patent, and Adding
new Matter therein; or to the Taking off the Wax
impreffed by the Great Seal from one Patent, and
fixing it to another; yet this, though it be not a
Counterfeiting, has been adjudged a Mifprifion of
the higheſt Degree: And a Perfon guilty of an A&
of this Nature, with Relation to a Commiffion for
levying Money, &c. had Judgment to be drawn
and hang d. 2 H. 4. 3 Inft 16. Kel. 80. Till a new
Great Seal is made, the old one of a late King, be-
ing uſed and employed as fuch, is the King's Seal
within the Statute; notwithstanding its Variance in
the Infeription, Portraiture, and other Subſtantials:
And when an old Great Seal is broken, the Coun-
terfeiting of that Seal, and applying it to an Inftru-
ment of that Date wherein it food, or to any Pa-
tent, &c. without Date, is Treafon. 1 Hale's Hift.
P. C. 177. The adding a Crown in a Counterfeit
Privy Signet, which was not in the true; and
omitting fome Words of the Infcription, and infert-
King's Chancellor, Treasurer, Fuftices of either Bench,
c. declared to be Treafon, relates to no other
Officers of State befides thofe exprefly named; and
to them only when they are in actual Execution of
their Offices, reprefenting the Perfon of the King;
and it doth not extend to any Attempt to kill, or
wounding them, &c. 3 Inft. 18, 38. H. P. C. 17.
The Places for the Juttices to do their Offices, are
the Courts themfelves, where they ufually or by
Adjournment fit, for Diſpatch of the Bufinefs of
their Courts. 1 Hale's Hift. P. C. 232. See Mifprifion.
Petit Treafon, Is where one, out of Malice, takes
away the Life of a Subject, to whom he owes fpe-
cial Obedience: And is called Petit Treaſon, in re-
fpe&t to High Treafon, which is against the King.
3 Inft. 20. It may be committed where a Servant
kills his Mafter, a Wife her Husband, or a Secular
or Religious Perfon killeth his Prelate or a Supe-
rior. 25 Ed. 3. c. 2. And Aiders, Abettors, and Pro-
curers, are within the Act; but if the Killing is
upon a fudden falling out, or Se Defendendő, &c. it
is not Petit Treafon; for Perfons accuſed of Petit
Treafon fhall be adjudged Not guilty, or Principal
and Acceffary, according to the Rules of Law in
other Cafes. H. P. C. 24. Petit Treafon is committed
against the Head, though not against the fupream
Head; and if a Servant kills his Miftrefs, or the
Wife of his Mafter, ſhe is Mafter within the Letter
of the Statute, and it is Petit Treafon: But this Sta-
tute is fo strictly conftrued, that no Cafe which
cannot be brought within the Meaning of the
Words of it, fhall be punished by it; and there-
fore if a Son kill his Father, he fhall not be tried
for Petit Treafon, except he ferved his Father for
Wages, c. in which Cafe he fhall be indicted by
the Name of a Servant; and yet the Offence is
more heinous by far in a Child than a Servant,
3 Inft. 20. H. P. C. 23. 11 Rep. 34. A Servant pro-
cured another to kill his Mafter, who killed him
in the Servant's Prefence; this was Petit Treafon in
the Servant, and Murder in the other; if the Ser-
9 H
vant
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:
vant had been abfent, the Crime would not have
been Petit Treaſon, but Murder, to which he would
have been acceflary. 3 Inft. 20. Moor 91. Where a
Servant intended to kill his Mafter, and laid in
Wait for that Purpofe while he was his Servant,
but did not do it till he had been a Year out of
his Service; it was adjudged Petit Treafon. H. P. C.
23. A Maid-Servant and a Stranger confpired
to rob the Miftrefs, and in the Night the Servant
opened the Door and let in the Stranger into the
Houfe, who killed her Miftrefs, the lighting him to
her Bed, but neither faying or doing any Thing,
only holding the Candle; and this was held Murder
in the Stranger, and Petit Treafon in the Servant.
Dyer 128. If a Wife and a Stranger kill the Huf
band, it is Petit Treafon in the Wife, and Murder
in the Stranger: And fo it is of an Ecclefiaftick
Perfon, killing his Prelate, &c. Dalt. 337. If a
Wife and her Servant confpire to kill the Husband,
and appoint Time and Place for it, but the Ser-
vant alone in the Abfence of the Wife killeth him;
it fhall be Petit Treafon in both: And it the Wife
procure a Servant to kill the Husband, both are
guilty of Petit Treafon; alfo if a Stranger procures
a Wife or Servant to kill the Husband or Mafter,
he may be indicted as acceffary to Petit Treafon
Dyer 128, 332. Crompt. 41. Where the Wife and
another who was not her Servant, confpired the
Death of the Husband, the Indictment was that the
Wife Proditorie, and the other Perfon Felonice gave
him Poifon, &c. whereof he died: And the Wife
being acquitted on the Indictment, fhe brought an
Action against her Son-in-Law for a malicious Pro-
fecution, and recovered Damages; but afterwards
he brought an Appeal of Murder against her, upon
which he was convicted in B. R. and carried down
into the County where the Fact was done, and
there executed. Cro. Car. 331, 382. Mod. Ca. 217.
3 Nelf. Abr. 372. On Divorce from the Husband
for Adultery, a Woman is a Wife within the Sta-
tute to be guilty of Petit Treafon against her Huf
band; for they may cohabit again: But where a
Man marries a fecond Wife, the former being alive,
fhe is not within this Law. 1 Hale's Hift. P. C. 381.
If a Clergyman be ordained by the Bishop of 4
and he kills that Bishop, it is Petit Treafon, for he
hath profeffed Canonical Obedience to him: And
where a Parfon hath Benefices in two Diocefes,
if he kill the Bishop of either, 'tis Petit Treafon;
but in Cafe he killeth a Biſhop, out of the Diocefe
where he is Beneficed, it is only Murder. 1 Hale's
Hift. P. C. 381. A Parfon kills the Metropolitan
of his Province, this will be Petit Treafon, though
he be not his immediate Superior. Ibid. In Petit
Treaſon, it is faid that there must be two Witneffes
to the Indictment; and need not be to the Trial
of it, for it is not within the Stat. 7 W. 3. 2 Hawk.
F. C. 258. All Petit Treafon implies Murder, and
is the higheſt Degree thereof: And an Attempt by
a Wife to kill her Husband; Piracy by a Subject,
&c. were Petit Treafon by the Common Law. 1 Hawk.
87, 88. This Kind of Treafon gives Forfeiture
of Lands by Efcheat to the Lord of the Fee, &c.
and a Man is drawn and hanged for it; and a Wo-
man burned.
1 Inft. 37.
Wilts, ff.
:
An Indictment for Petit Treafon.
Ꭲ
HẺ Jurors, &c. That A. B. late of
M. in the County aforesaid, Labourer,
Servant of C. D. late of M. aforefaid in the faid County,
Gentleman, on the Day of, &c. in the Year of the Reign,
&c. in the Houfe of the faid C. D. fituate at M. in
the County aforesaid, with Force, and Arms, that is to
Jay, with a certain Knife of the Value of four Pence,
which he the faid A. B. then and there held in his Right
Hand, wilfully, and of his Malice forethought, made an
3
Alfault upon the faid C. D. being then his Master, and
in the Peace of God, and of our faid Lord the King;
and did feloniously and traiterously at M. aforefaid in the
faid County, ftrike and wound with the Said Knife the
faid C. D. then his Mafier, and feloniously and traiter-
ously, and of Malice forethought, at M. aforesaid in the
faid County, did give to the jaid C. D. one Mortal
Wound with the faid Knife, upon the Right Part of his
Belly, of the Length of two Inches, and of the Depth of
one Inch, of which faid Mortal Wound the faid C, D. at
M. aforefaid in the faid County languished, and languish-
ing lived from the faid Day of, &c. in the Year above-
mentioned, to the Day, &c. next enfuing, on which ſaid
Day of, &c. in the fame Year above mentioned, the faid
C. D. at M. aforefaid in the faid County died of that
Mortal Wound; and fo the Furors aforefaid upon their
faid Oath fay, that the faid A. B. on the Day, &c.
aforefaid in the faid, &c. Tear above-mentioned, at M.
aforesaid in the faid County, did wilfully, feloniously,
traiterously, and of kis Malice forethought, kill and mur-
der the faid C. D. in Manner and Form aforesaid, againſt
the Peace, &c.
Treaſure, (Thefaurus) Signifies Riches and Wealth;
and as the King's Treafure is the Honour and Safety
of the King, for this Reafon Mines of Gold and
Silver belong to the King..
Treasurer, (Thefaurarius) Is an Officer to whom
the Treasure of another is committed to be kept,
and truly difpofed of: The Chief of thefe with us
is the Lord Treasurer of England, who is a Lord by
his Office, and one of the greateſt Men of the
Kingdom. This great Officer holds his Place Du
rante beneplacito, and is inftituted by the Delivery of
a White Staff to him by the King; and in former
Times he received his Office by Delivery of the
Golden Keys of the Treafury: He is alfo Treasurer
of the Exchequer, by Letters Patent. And by 31
Ed. 3. in Writs of Error the Lord Chancellor and
Lord Treasurer fhall caufe the Record and Procefs
of the Exchequer to be brought before them, who
are Judges; but the Writ is to be directed to the
Treasurer and Barons, who have the Keeping of
the Records. Under the Charge and Government
of the Lord Treasurer, is all the King's Wealth
contained in the Exchequer; he has the Check of
all the Officers employed in Collecting the Cuftoms
and Royal Revenues; all the Offices of the Cultoms
in all Ports of England are in his Gift and Difpo-
fition; Efcheators in every County are nominated
by him; and he makes Leafes of all the Lands be-
longing to the Crown, &c. But the high and im-
portant Poft of Lord Treasurer has of late Years,
like fome other great Offices, been efteemed too
great a Task for one Perfon, and been generally
executed by Commiffioners. And fee more belong-
ing to this Office, Stat. 20 Ed. 3. c. 6. 31 H. 6. c. 5.
4 Ed. 4. c. 1. 17 Ed. 4. c. 5. 21 H. 8. c. 20. and i Ed.
6. c. 13. 4 Inft. 104 Befides the Lord Treaſurer,
there is a Treasurer of the King's Houfhold, who is of
the Privy Council, and with the Controller,
has great Power. Stat. Weftm. 2. c. 1. A Treaſurer
of the Navy or War. 35 Eliz. c. 4. Treasurer of the
King's Chamber. 33 H. S. c. 39. A Treasurer of the
Wardrobe. 25 Ed. 3. c. 21. And there are Treaſurers
of Corporations, &c.
c.
Treaſurer in Cathedral Churches, An Officer
whoſe Charge was to take Care of the Veſtments,
Plate, Jewels, Relicks, and other Treasure belong.
ing to the faid Churches; and at the Time of the
Reformation, the Office was extinguished as need
lefs in moft Cathedral Churches; but it is fill re-
maining in thofe of Salisbury, London, &c.
Treaſurer of the County, Is he that keeps the
County Stock: There are Two of them in each
County, chofen by the major Part of the Juftices.
of the Peace, &c. at Eafter-Seffions; they muft
have 10%. a Year in Land, or 1501. in Perfonal
Eftate,
TR
TR
Eſtate, and ſhall not continue in their Office above ftraining him of his lawful Liberty, &c. Treſpaſſes
a Year; and they are to account yearly at Eafter against a Man's Property may be committed in
Seffions, or within ten Days after to their Suc divers Cafes; as against his Wife, Children, or Ser-
ceffors, under Penalties: The County Stock, of vants, or his House and Goods, &c. and against his
which this Officer hath the Keeping, is raifed by Land, by carrying away Deeds and Evidences con-
Rating every Parish yearly; and is difpofed of to cerning it, Cutting the Trees, or spoiling the Grass.
Charitable Uſes, for the Relief of maimed Soldiers therein, &c. F. N, B. 86, 87. Finch 198, 201. 2 Roll.
and Mariners, Prifoners in the County Gaols, pay- Abr. 545. Action of Trefpafs lies where a Man
ing the Salaries of Governors of Houfes of Correc- makes an Entry on the Lands of another, and does
tion, and Relieving poor Alms-houfes, &c. And Damage: And Trefpafs Vi & Armis may be brought
the Duty of thofe Treaſurers, with the Manner of by him that hath the Poffeffion of Goods, or of a
raifing the Stock, &c. is particularly in the Sta-Houfe, or Land, if he be diſturb'd in his Poffeffion;
tutes of 43 El c. 2. 7 Jac. I. c. 4. 11 & 12 W. 3. for the Disturbance, befides the private Damage, is
c. 18. 5 Ann. c. 3.2.° 6 Geo. I. c. 23.
alfo a Breach of the Publick Peace. 1 Inft. 57.
Treasure-trobe, (Thefaurus inventus) Is where any 2 Roll. Abr. 572. 2 Lill. Abr. 596. There is this
Money is found hid in the Earth, but not lying Difference between an Action of Treſpaſs Vi & Ar-
upon the Ground, and no Man knows to whom it mis, and Treſpaſs on the Cafe: The one lies where
belongs; then the Property thereof belongs to the the original A&t was a Wrong in itſelf, and the o-
King, or the Lord of the Manor by fpecial Grant ther where an Injury is confequential to a lawful
or Preſcription: But if the Owner may any ways Act; as for Inftance, 'tis lawful for a Man to make
be known, it doth not belong to the King or Lord ja Dam on his own Ground; but if by making it,
of the Liberty, but fuch Owner: By the Civil Law, the Water overflows his Neighbour's Land, an Ac-
Treaſure trove is given to the Finder; but the Law tion on the Cafe lies against him. Mod. Caf. in L. &
of England gives it to the King by his Prerogative, E. 275. Entry into a Houſe againſt a Man's Will is
or fome other claiming under him, &c. Bract. lib. Trespass, but a Man may lawfully come into the
3. 3 Inst. 132. Kitch. 80. Nothing is faid to be Houfe of another Perfon, to demand or pay Money;
Treaſure trove, but Gold and Silver; and it is every and if Trespass be brought he may plead it fpecially.
Subject's Part as foon as he has found any Treaſure 2 Lill. Abr. Trefpafs lies generally for Breaking
in the Earth, to make it known to the Coroners Man's Clofe; for chafing Cattle, whereby they die
of the County, &c. and concealing Treafure found or are injured; Taking away Pales, and Breaking
is punifhed by Fine and Impriſonment. Briton. cap.
17. S. P. C. 25. Coroners ought to inquire of
Treaſure trove, being certified thereof by the King's
Bailiffs or others, and of who were the Finders,
c. 4 Ed. 1. And Seifures of Treaſure trove, may
be inquired of in the Sheriff's Turn. 2 Hawk.
P. C. 67.
·
Trebuchet, Tribuch, A Tumbrel or Cucking-
tool; also a great Engine to caft Stones to batter
Walls. 3 Inft. 319.
Treet, (Triticum) Fine Wheat, mentioned in the
Statute 51 H. 3.
•
of Fences, or of Doors or Windows of a Houfe;
for Driving a Cart and Horfes over the Ground of
another, where there is no Way for it; Fishing in
another Perſon's Pond, and for Breaking the Pond;
for Eating the Corn of another with Cattle, and
Digging in any Man's Coal Mines, and carrying
away Coals; for Taking away fo much of the
Plaintiff's Money; Tearing a Bond, &c. 1 Bro. 338.
1 Saund. 220. 2 Cro. 463. Latch 144. And where
a Perfon has only the Crop and Veſturé, or Pafture
of Land, he may maintain Trespass. Mcor 456.
2 Lutw. In Treſpaſs for taking Goods, the Plaintiff
Tremagium, Tremefium, Tremifium, The Sea muft alledge a Property in himself; becauſe in ſuch
fon or Time for fowing Summer-Corn, being about Cafe there may be two Intendments, one that they
March, the third Month, to which the Word may were the Defendant's own Goods, and then the
allude; and Corn fowed in March is by the French Taking is lawful; and the other that they were the
called Tremes and Tremois: Tremefium was the Sea-Goods of the Plaintiff, when the Taking will be
fon for Summer-Corn, Barley, Oats, Beans,
oppofed to the Seafon for Winter-Corn, Wheat and
Rye, called Hibernagium, and is thus diftinguished
in old Charters. Cartular. Glafton. MS. 91.
Tremellum, A Word uſed for Granary, in Mon.
Angl. Tom. I. pag. 470.
Trencheator, (From the Fr. Trancher, to cut) A
Carver of Meat at a Table; as in the Parent Rolls
Mention is made of a Penfion granted by the King
to A. Buni Trencheatorum noftrorum, Egrico
Trenchía, A Trench, or Dike newly cut. Peramb.
33 H. 3.
Trental, (Fr. Trentale) An Office for the Dead,
that continued thirty Days, or confifting of thirty
Maffles; from the Ital. Trenta, i. e. Triginta. Stat.
1 Ed. 6. c. 14,
-
wrongful; but wherever the Conftruction is indiffe-
rent, it fhall always be moft ftrong against the
Plaintiff.
2 Lev. 20. Telv. 36. If the Defendant
makes the Place where the Trefpafs was done ma-
terial by his Plea, he muft fhew it with great Cer-
tainty; but if it be a Trespass Quare claufur fregit in
B. and the Defendant pleads that the Place where
is his Freehold, which is the common Bar in this
Cafe, and fo Juftifies as in his Freehold, &c. if
Iffue be taken thereon, the Defendant may give in
Evidence any Clofe in which he hath a Frechold;
though if the Plaintiff had replied and given the
Clofe a Name, the Defendant must have a Freehold
in that very Cloſe.. 2 Salk. 453. Carthew's Rep. 176.
A Plaintiff may make a New Affignment of the
Place where, &c. and then the Defendant may vary
Trelpals, (Tranfgreffio) Is any Tranfgreffion of from his first Juftification: As for Inftance; In Ac
the Law under Treaton, Felony, or Mifprifion of tion of Trespass affign'd to be done generally in D.
either: But it is most commonly used for that the Defendant juftified the Taking Damage feafant;
Wrong or Damage, which is done by one private and the Plaintiff in his Replication made a new
Man to another; or to the King in his Foreft, &c. Affignment, upon which the Defendant juftified for
In which Signification it is of two Sorts; Trefpafs a Heriot; and it was adjudg'd good. Moor 540.
general, otherwife term'd Trefpafs Vi& Armis, and 3 Nelf. Abr. 381. The Defendant in his Plea may
Trespass Special, or upon the Cafe. Bro. Trefpafs. put the Plaintiff to the new Affignment; and every
Bratt. lib. 4. Trefpafs fuppofes a Wrong to be done new Affignment is a new Declaration, to which the
with Force; and Trefpaffes against the Perfon of a Defendant is to give a new Anſwer, and he may not
Man are of ſeveral Kinds, viz. By Menacing or traverfe it, but muft either plead or demur; yet
Threatening to hurt him; affaulting or fetting upon where Trefpaffes are alledged to be done in feveral
one to beat him; Battery being the actual Beating Places, and the Defendant pleads to fome, and a-
of another; maiming of a Perfon fo that he lofes grees to the Places wherein the Plaintiff alledged
the Ufe of his Limbs; by Impriſonment, or re-the Trefpaffes to be done, there the Plaintiff may an-
fwer
1
TR
TR
:
king and carrying away any of his Children, except
for Taking of a Son or Daughter who is Heir. Cro.
Eliz. 769. A Man committed Adultery with a
Woman in Southwark, where they both dwelt, and
the Woman went to Ratcliff in Middlefex, from
whence the Man brought her to Richmond in Surrey ;
the Husband brought an Action of Trefpafs de Uxore
Rapta & abducta cùm bonis Viri; and it was a Doubt,
whether upon this Matter given in Evidence, the
Defendant could be found guilty in London; but the
Jury found him guilty generally, and gave the
Plaintiff 3001. Damages. Dyer 256. Executors may
bring Trefpafs for Goods taken out of their Poffef-
fion, or for Goods and Chattels taken in the Life
of the Teftator; alfo Adminiftrators fhall have it
for Goods of Inteftates; and an Ordinary may
bring Action of Trefpafs for Goods in his own Pof-
feffion to adminifter as Ordinary, &c. If a Man
voluntarily take away my Goods or Cattle, and
keep them till I pay him Money, on Pretence that
they are his Heriot, &c. when they are not fo, I
may have A&tion of Trespass. Bro. Trefp. 354. And
if the Sheriff have a Writ againſt the Lands and
Goods of one Man, and he by Miſtake execute it
upon my Lands or Goods; this Action lies againſt
him, and it will be no Excufe that the Plaintiff or
any other informed him they were the Goods, &c.
of the Defendant. Dyer 295. Kelw, 119, 129.
that is poffeffed of Lands, tho he hath no good
Title, fhall have this Action for a Trespass against
one who hath no Right to the Lands; but not a-
gainft him that hath Right: And yet a Man having
Right or Title to Land only, by Defcent, Leafe,
·
+
་
He
fwer that Part of the Plea by a Traverfe, and fhew
a new Affignment as to the Reft. Cro. Eliz. 492,812
One Action of Trefpafs may be brought for a Tref
pafs committed in Lands which lie in feveral Towns
or Vills, if they are in one and the fame County;
for elfe they cannot receive one Trial, as they are
local Cauſes of Action triable in the County where
done. 2 Lill. Abr. 595. A Man may have one Ac-
tion of Trespass for feveral Trefpaffes: And if divers
Actions of Treſpaſs are brought for one and the fame
Caufe, the Defendant may get them joined into one,
if brought to vex him; but the Trefpaffes must not
be of feveral Natures, which may not be tried in
one A&tion. Mich. 24 Car. B. R. All Perfons that
are acceffary to any Trespass, may be charged as
Principals; and Trefpaffes continued may be laid
with a Continuando diverfis diebus & vicibus; but
Things muft lie in Continuance, and not terminate
in themſelves, or it will not be good: And where
a Trespass is alledged with a Continuance, that can-
not be continued, the Evidence ought only to be to
the first A&t. 2 Salk. 638, 639. The beft Way to
declare for fuch Trefpaffes which lie in Continuance,
is for the Plaintiff to fet forth in his Declaration,
that the Defendant, between fuch a Day and fuch a
Days, cut ſeveral Trees, &c. and not lay a Conti-
nuando Tranfgreffiones from fuch a Day to fuch a Day;
and upon fuch Declaration, the Plaintiff may give
in Evidence a Cutting on any Day within thofe
Days. 3 Salk. 360. When a Trespass is done before
the Day mentioned in the Declaration, it is good
enough; becauſe being once a Trefpafs, it is al-
ways a Trespass. Cro. Eliz. 32. In all Trefpaffes there
ought to be a voluntary A&t, and alſo a Damage; may not bring Trespass, before Entry made
and though in Detinue and Trover, where the thereon. Plowd. 431, 546. Kelw. 163. The Leffee
Thing it felf is in Demand, it fhould be particu- for Years after his Leafe is expired, may have
larly named; 'tis not fo in Trefpafs where Damages Action for a Treſpaſs done on the Land before his
only are to be recovered: But if Trefpafs be laid in Leafe was ended. Bro. Tresp. 456. An Action of
a Declaration for Taking of Goods, without ex- Trespass was brought by the Lord of a Manor, for
preffing the Quantity and Quality of them, or the Trefpafs done in the Highway, by a Tenant's Beats
Value, &c. it is bad upon a general Demurrer; breaking out of his Clofe into the Waſte, and it was
though as to the Omiffion of the Value, it hath adjudged it would not lie. 1 Bulft. 157. If A. is
been held to be good after Verdi&t. Latch 13. Style bound to Fence his Clofe againſt B. and he againſt
2 Lev. 230. Lutw. 1384. Sid. 39. If the De- C. a Neighbour; and neither of them incloſe againſt
fendant in Treſpaſs Quare claufum fregit, difclaim any one another, fo that the Beasts of C. for Want of
Title to the Land, and the Trespass is involuntary Inclofure go out of the Ground, to that of B. and
or by Negligence, he may be admitted to plead a thence to A.'s Ground: In this Cafe A. fhall have
Diſclaimer and Tender of Amends before the Ac- Trefpafs against C. for he is bound only to Fence a-
tion brought, &c. And if it be found for the De- gainſt B. and every one ought to keep his Cattle as
fendant, the Plaintiff fhall be barred. 21 Fac. c. 16. well in open Grounds, not inclofed, as in feveral
Where a Defendant juftifies for a Trefpafs, he muft Grounds where there is Inclofure. Dyer 366. Fenk.
confeſs it, or it will be ill: And a Defendant fhall Cent. 161. One drives my Cattle into another Man's
never be excuſed in Treſpaſs, unleſs upon an inevi- Land, I may go on the Land and fetch them out;
table Neceffity. 3 Nelf. Abr. 379. În a Trespass yet by this I am a Trespasser to the Owner of the
Quare claufum fregit, where there is only a Force in Ground, and he may have his Action againſt me for
Law; as if one enters into the Ground of another, it, and I must take my Counter Remedy against
the Party must be required to go out before Hands him that drove them in.
21 H. 7. 27. i Rep. 54.
may be laid on him; for every Impofition of Hands If another Man have a Horfe, or other Goods in
is an Affault which cannot be juftified upon the Ac-my Houfe or Ground, and he enter to take it away,
count of a Force or Breaking á Clofe in Law, with- without my Leave, A&tion of Trefpafs lies againft
out Requeſt to be gone; but 'tis otherwife where him: But if I drive the Cattle or carry the Goods
there is an actual Force. 2 Salk. 644. For any the of another into my Land, he may come upon the
leaft Beating of a Man's Wife, the Husband and Land and take them, and no Action lieth. 4 Shep.
Wife together may bring Action of Trefpafs: And Abr. 135, 136. Where a Man's Corn is in Danger
if it be fuch a Beating, as he thereby lofes her Com- of fpoiling, in the Harveft, &c. and his Neighbour
pany, or Service, he alone may have this Action. brings it home to fave it; or if ftrange Cattle be in
3. Rep. 113. 10 Rep. 130. Trespass for Breaking the my Corn, and he drive them out, without Leave,
Plaintiff's Clofe, and Beating his Servant; the Trefpafs may be brought against him: But if my own
Plaintiff had a Verdi&t, but could never get Judg- Cattle in my Corn, are driven out by another, it is
ment, becauſe he did not declare per quod Servitium otherwife. Kelw. 88. If a Man hunt my Beafts, in
amifit: The Servant himself may have an Action of Ground belonging to me, or fome other Perfon;
Trespass for the Beating, though his Mafter cannot, he is liable to this Action: Though the Owner of
unless it be fo great that he lofes his Service; with the Land wherein Cattle are doing this Trespass
out which, it is no Damage to the Mafter. 5 Rep. 10. may gently by himſelf, or his Dogs, chafe them out,
9 Rep. 111. Action of Trespass may be brought for and juftify the fame. Hill. 16 Fac. B. R. Bro. Tresp.
Taking away a Man's Servant; but not for the Ta- 421. S Rep. 67. If any Perion fhall maliciously
king away of a Man generally. 5 Mod. 191. Trefpafs maim, or hurt any Cattle, or deftroy any Planta-
quod cepit abduxit lies not for the Father for Ta- tion of Trees, or throw down Inclofures, he fhall
1.70.
3
·
forfeit
&
TR
TR
Treyts, (Fr.) Signifies taken out or withdrawn,
and is applied to a Juror removed or difcharged.
F. N. B. 159.
forfeit treble Damages in A&tion of Trefpafs. 22
23 Car. 2. c. 7. But in Action of Trefpafs, if the
Jury give not 40 s. Damages, the Plaintiff fhall have
no more Cofts than Damages, except the Freehold Trial, (Triatio) Is the Examination of a Cauſe,
or Title of Land come in Queftion, or fomething Civil or Criminal, before a Judge who has Jurif
of the Plaintiff's be carried away, &c. Stat. 23 Car. 2. di&tion of it, according to the Laws of the Land:
c. 9. Though the Plaintiff, where the Trefpafs is It is the Trial and Examination of the Point in
wilful and malicious, upon Certificate thereof by Iffue, and of the Queftion between the Parties,
the Judge on the Back of the Record, fhall recover whereupon Judgment may be given. 1 Inft. 124.
Damages and full Cofts, by 8 & 9 W. 3. c. 11. And Finch 36. Alfo 'tis taken for the Manner and Order
Damages being fmall under 40 s. in Trefpafs, on of Proceeding, in the hearing and determining of
Motion full Colts have been allow'd; where Entry Matters in Difference, being diverfly uſed, accord-
was made on the Freehold, &c. Skin. 100. Caring to the Nature of the Thing to be tried. Ibid.
thew 225. A Court, which is not a Court of Re- And there are many Kinds of Trials; as of Matters
cord, cannot hold Plea of Trespass Vi & Armis. of Fact, which fhall be tried by a Jury; Matters of
F. N. B. 85. Writs of Trespass lic either to the She- Law, that are triable by the Court; and Matters of
riff to determine the Matter in the County-Court, Record tried by the Records themselves; alſo fome
or returnable in B. R. or C. B. And the Words Vi Things fhall be tried by the Bishop's Certificate;
& Armis fhall be in the returnable Writs, but not and fome by Inspection, &c. 2 Lill. Abr. 602. No-
in the others: Though in Writs of Trespass upon the thing that is triable by an Iffue; can be dire&ed to
Cafe, thofe Words muft not be inferted, if returna- be tried otherwife: Irregularities in fuing out a Judg-
ble in B. R. &c. F. N. B. 86, 190. Trespass quare Vi ment or Execution, are tried by Reference, c.
& Armis claufum fregit was brought, wherein the But other Matters fubfequent to the Judgment, by
Plaintiff laid Damage to the Value of 20s, and the an Audita Querela. Comber. S, 14. In criminal Ca-
Defendant demurred for that Caufe, alledging that fes, it is utual to ask the Criminal how he will be
B. R. could have no Cognizance at Common Law, tried; which was formerly a very fignificant Que-
or by the Statute of Gloucester, to hold Plea in an ftion, though it is not fo now, becauſe anciently
Action where the Damages are under 40 s. But it there were Trial by Battle, by Ordeals, and by Fury;
was adjudg'd, that Trefpafs Quare Vi & Armis will and when the Offender answered the Queftion, By
lie in this Court, be the Damages what they will. God and his Country, it fhewed that he made Choice
3 Mod. 275:
At Common Law, in Trefpafs Vi&to be tried by a fury: But now there is no other
Armis, if the Defendant was convicted, he was to Way of Trial of Criminals. Blount's Dict. It is or-
be fined and imprisoned; but in other Trefpaffes on- dained by Magna Charta, that no Perfon fhall be
ly amerced. Fenk. Cent. 185. In Action of Trespass condemn'd on any Accufation without Trial by law-
against two Perfons for carrying away Goods, &c. ful Judgment of his Peers, or by the Law. 9 Hen. 3.
one lets Judgment go by Default, and the other ju- cap. 29. And the most general Rule has been, that
ftifies under a Licence from the Plaintiff, and has every Trial fhall be out of that Town, Precinct, &c.
a Verdi&; this goes to the whole, and Judgment within which the Matter of Fact triable is alledg'd,
fhall be arreſted as to the other Defendant. 2 Ld. or the nearest thereunto, for the better Cognisance
Raym. 1372, 1374. The Procefs in Writ of Trespass of the Fat committed; and not to have Things
is an Attachment and Diftringas, and upon a Return tried in Foreign Counties, where the Jury are
of a Nihil by the Sheriff, à Capias, Alias, and Plu Strangers to the Parties, to the Witneffes, and the
ries fhall iffue; and then Exigent and Procefs of Out- Point in Iffue. 1 Inft. 125. But when an Indictment
lawry, &c. New Nat. Br. 193, 203. See Action on is found againſt a Perfon in the proper County, it
the Cafe, and Traverfe.
may be heard and determined in another County by
Special Commiffion, &c. 3 Inft. 27. If a Subject of
Form of a common Writ of Treſpaſs. England be killed in a Foreign Kingdom, by an English-
man, he may be tried by the Conftable and Marſhal;
EORGE the Second, &c. To the Sheriff of S. or by Commiffioners in any County. Stat. 33 H. S.
Greeting: If A. B. fhall make you fe ure, &c. If any Man die here in one County, of a Wound
then put by good and fafe Pledges C. D. that he be before received in another; he fhall be tried by a Jury of
our Fuftices at Westminster, on the Octave of St. Hil- the County where his Death was: In Appeal in
lary, to shew why with Force and Arms, upon him A. fuch Cafe, it is to be there brought, and Trial be
at, &c. he made an Affault, and him beat, wounded, by both Counties. Stat. 3 Ed. 6. cap. 24. 3 H. 7.
and evil treated, and other Wrongs to him did, to the c. 12. And if one be wounded on the Sea, or out
grievous Damage of the faid A. and against our Peace; of England, and die of the fame here; or ſhall be
and have you there the Names of the Pledges and this wounded in England, and die on the Sea, or at any
Writ, &c.
-Or, why with Force and Arms, the Place abroad; an Indictment may be found by Ju-
Cloſe of him A. at N. he did break, and in it without rors of the County in which the Death, or Stroke,
his Leave, fo many Cows, of fuch Price, he took and c. happen'd, and the Judges proceed in the Trial
carried away, &c.
Or, why the Grass or Corn against the Offenders, as if the Felony were there
of him A. at, &c. lately growing, to the Value of, &c. done, &c. by Stat. 2 Geo. 2. c. 21. An Iffue being
with certain Beafts, he eat up, trod down and confumed; joined in B. R. of a Matter triable in Ireland; this
and other Wrongs, &c.
fhall be fent into Ireland to be tried, and after Trial
be remanded: Though if an Iffue be thus joined of
Trefpaffer, Is one who commits a Trespass; and a Thing in Wales, the Record fhall not be fent
tho' the Law allows a Man to enter a Tavern, athere to be tried; but it shall be tried in the next
Landlord to diftrain on Land, &c. yet if he doth County of England adjoining thereto. 1 Dano. Abr.
abuſe it by Committing a Trefpafs, the Law will ad- 248. If a Foreign Iffuc which is local, fhould hap,
judge him a Trefpaffer ab initio. 8 Rep. 146. But
where Perfons for any Irregularity in taking a
Distress, &c. fhall not be Trefaffers ab initio ; fo as
they make Satisfaction for any special Damage,
vide Stat. 11 Geo. 2. c. 19. and Diftrefs.
G
-
Trelpaflants, (Fr.) Is ufed for Paffengers, by
Britton, cap. 29.
Creturnare, To turn or divert another Way; as
to turn a Road, &c. Chart. K. John.
pen, it may be tried where the Action is laid ; and
for that Purpofe the Plaintiff may enter a Sug-
geftion on the Roll, that fuch a Place in fuch a
County is next adjacent; and it may be tried in B. R.
by a Jury from that Place, according to the Laws
of that Country, which may be given in Evidence:
Adjudged in Action of Debt for Rent, upon a Leaſe
made in London of Lands in Jamaica; and it was
held, that where the Leffor declares upon the Pri-
9 I
viry
TR
TR
X
vity of Eftate, the Action must be brought where dant to plead by fuch a Day, or the Plaintiff to
the Lands are; but 'tis otherwife when the Action have Judgment: The Defendant having pleaded,
is founded on the Privity of Contract, the one be- a Copy of the Iffue is to be made out and delivered
ing local, and the other tranfitory, as in this Cafe. to the Defendant's Attorney, giving him Notice of
2 Salk: 651. In Covenant, the Action was laid in Trial; in order to which, the Venire facias muft be
London, and Iffuc joined upon a Feoffment in Ox-had and return'd by the Sheriff, and then is fued
fordshire, of Lands in that County, and the Caufe out the Habeas Corpora, to bring in the Jury, the
was tried in London; after Verdict it was objected Record is made up, and the Parties go to Trial:
that the Trial ought to have been in Oxfordshire, but But if the Defendant neglects to plead, and lets it
refolved that by the Stat. 17 Car. 2. it was well go by Default, on entring Judgment, a Writ of In-
tried in the County where the Action was brought:quiry of Damages is to be awarded, returnable the
But though the Words of that Statute are, that it next Term, of the Execution whereof the Defen-
fhall be good, if tried by the County where the dant's Attorney fhall have Notice; which being
Action is laid, it hath been adjudged, that must be executed, and the Damage interted in a Schedule
underfood of a Trial by the County where the annexed to the Writ returned by the Sheriff, a
Matter in Iffue doth arife; for other wife it would Rule is to be given upon it, and Cofts are taxed by
deftroy the whole Law concerning Trials by Juries. the Prothonotary; and lastly, it is carried to the
3 Salk 364. In the Trial of a Grant of Lands, if Clerk of the Judgments, who on giving him the
the Iffue be whether fuch Grant was made or not, Number Roll and Term, when the Judgment was
the Vifne Thall be from that Place
P
ledged; fo upon Dimifit: Butere that is al-enter'd, he will make out a Writ of Execution, ei-
'tis of ather a ad fatisfaciend. or
::
Fcoffment or Leafe for Life, when Livery is made; Damages and Cofts, &. Practif. Attorn. Edit. 1.
for there it should be tried where the Land lieth. pag. 99. At the Affifes, when a Caufe comes on to
Fenk. Cent. 338. In Ejectment the Venue ought to Trial, first a Diftringas of the Jury is to be return'd
come always from the Place where the Lands lie, by the Sheriff, and then the Record must be deli-
and not from the Place where the Demife is laid to vered to the Judge's Marfhal; and the Record be-
be made: But that Fault is help'd after Verdict.ing put into the Hands of the Marshal, Briefs pre-
Mod. Ca. 265. And by the Statute 45 Ann. the pared for the Counsel, and all Parties ready, the
Venire for the Trial of any Iffue in a civil Caufe, Marfhal delivers the Record to the Judge, and the
fhall be awarded of the Body of the County where Crier calls over the Jury: The Jury are now to be
the Iffue is. On civil Caufes grown to Iffue, if Ballotted and fworn, and bid to ftand together and
they are to be tried in London or Middlefex, and the hear their Charge; after which, the Counfel on both
Defendant live not forty Miles from London, eight Sides open the Cafe, firft of the Plaintiff, the Proof
Days Notice of Trial is to be given; and if the lying on his Side, and looking over their Breviates
Defendant lives that Diftance or further, he muft argue the Matter in Conteft according to Law,
have fourteen Days Notice from the Plaintiff, be producing Witneffes to prove the Facts alledged,
fore he tries his Caufe; but eight Days Notice of and when the Counfel have done, the Judge fums
Trial is good at the Affifes, let the Defendant live up the Evidence, and gives it in Charge to the
where he will, except on an old Iflue; where a Jury to do impartially, and the Clerk of Affife, or
Caufe hath remained four Terms without Profecu- his Affociate, delivers a Copy of the Jury's Names,
tion, in which Cafe a Term's Notice is to be gi-and the Iffue they are to try, to the Jury; and a
ven: Upon due Notice of Trial, the Defendant Bailiff being fworn to keep them without Meat,
muft generally go to Trial, or Judgment will pafs Drink, c. till they are agreed, they depart from
against him by Default; and where the Plaintiff the Bar; and when they are all agreed, they re-
proceeds not to Trial after Notice, and there is no turn to give in their Verdict: Then the Plaintiff is
Countermand, the Defendant fhall have Cofts for called, and if he do not appear, a Nonfuit fhall
Attendance, &c. or the Defendant may give a Rule be recorded; but if he appears, the Clerk asks the
to try the Caufe by Provifo, and on Notice given Jury who they find for, and what Cofts and Da-
the Plaintiff bring it to Trial, that he may difcharge mages, and fo enters it on the Back of the Panel,
himself of the Action, and herein he may recover and repeats it to the Jury, which finiſhes the Trial:
Coſts. 2 Lill. Abr. 609, 613. 23 Hen. 8. cap. 15. A And after the Trial is over, the Affociate delivers
late Statute ordains, that where any Iffue is joined to the Party recovering the Record with the, Di-
in the Courts at Westminster, &c. if the Plaintiff ftringas, and the Names of the Jury annexed, on
neglects bringing it to be tried, according to the u-the Back of which he indorfes the Subftance of the
fual Practice, the Judges on Motion made, and due Verdict, and the Cofts given by the Jury; and then
Notice given, fhall pass the like Judgment for the upon the Back of the Record is ingroffed the Po
Defendant in the Action, as in Cafe of a Nonfuit, ftea, which is delivered to the Clerk of the Rules,
and award him Cofts; unless a Judge find Caufe to and he makes out a Four Days Rule for Judgment;
allow further Time for the Trial: And no Caufe and when the Rule is out, if Judgment be not ar-
fhall be try'd before any Juftice of Affife or Nifi refted, further Cofts are taxed, and the Judgment
prius, or at the Sittings in London or Westminster, is fit to be entered: But in Trials at the Affifes, the
without ten Days Notice at leaft, if the Defendant Record and Diftringas are ufually kept by the Affo-
lives above 40 Miles from the faid Cities; and when ciate till the next Term, when he is to be called
any Party gives fuch Notice of Trial, if he does not upon for the Poftea, and you proceed to have it
countermand it in Writing fix Days before, he fhall marked, make out a Rule, and fign Judgment ; and
pay Cofts to the Defendant, &c. Stat. 14 Geo. 2. c. 17. Judgment being entered, Execution is thereupon
If a Caufe to be tried, be not enter'd in the Judge's awarded, and Writs of Ca. fa. Fieri fac. Elegit, &c.
Book, two Days before the Time of Trial, a Ne Ibid. 100, 101. If a Trial be had the last Day of
Recipiatur may be enter'd, that it be not fet down Term, or at the Sittings after the Term, or the Af
to be tried that Time; but this will not be admitted fifes, Judgment cannot be given thereon, till the
in Sittings after the Term. Hill. 22 Car. B. R. To firft Day of the next Term. When a Defendant is
proceed to Trial, in the Courts at Westminster, when the not prepared to try his Caufe, upon Petition and
Declaration is drawn, and the Appearance of the Affidavit of the Reafons, the Judge will order the
Defendant made, it must be delivered with an Im- Caufe to be ſtayed till another Day the fame Affi.
parlance to the Defendant's Attorney; then it is to fes; or in London till the next Term, on Payment of
be entered upon the Prothonotaries Roll and doc-Cofts: And in Cafe at a Trial, the Court fees that
quetted that Term, and the Term following Rule one of the Parties is ſurpriſed, through fome Ca-
muſt be given with the Secondary for the Defen- fualty, and not by any Fault of his own, they may
·
in
ļ
4
¡
TR
TR
!
·
:
·
in their Diſcretion put off the Trial to another past, came before the Lord the King at Westminster,
Time, until fuch Party is better prepared. 2 Lill A. B. by C. D. his Attorney, and brought here into the
609, 610. If the Matters contefted are of great Court of the faid Lord the now King, then there held,
Value, or the Title in Queftion is difficult or intri- bis certain Bill against E. F. in Custody of the Marshal,
cate, on Motion the Judges will order a Trial at &c. of a Plea of Debt, and there are Pledges of Pro
Bar, for the better Satisfaction of the Parties; fecuting, to wit, John Doe and Richard Roe; which
though it is not ufual to grant Trials at Bar the faid Bill follows in thefe Words, that is to fay: So-
fame Term moved for: And these Trials are ap-merfet, ff. A. B. complains of E. F. otherwife called,
pointed by the Statute of Weftm. 2. where the &c. in the Cuftody of the Marfbal of the Marfhalfca
Caufe requires Magnam Examinationem; alfo Of of our Sovereign Lord the King, being before the King
ficers of the Court, and Barrifters at Law, may in- himself, of a Plea, that he render unto the faid A. Forty
fift upon a Trial at Bar; after which, a new Trial Pounds of good and lawful Money of Great Britain,
is not to be granted. 2 Salk. 648, 651, 653. It which he owes to him, and unjustly detains; For that,
hath been laid down as a Rule, that after a Trial whereas the aforefaid E. the fifth Day of June in the
at Bar, no new Trial fhall be had in any Cafe, ex- Fourth Year of the Reign of the Lord George the Se-
cept it appear that there hath been fome Corrup-cond, now King of Great Britain, &c. at Bridgewater
tion in the Jury. Carthew 507. New Trials may in the County of Somerfet aforefaid, by his Writing Obli-
be granted generally in feveral Cafes, viz. where gatory, fealed with the Seal of the faid E. and now here
the Defendant had not fufficient Notice given him hewn to the. Court of the Jaid Lord the King, the Date
of the former Trial; if exceffire Damages are whereof is the fame Day and Year above, acknowledged
given; a Verdict is againſt Evidence; there was himself to be held and firmly bound to the aforesaid A. in
any Fraud, c. But a new Trial ought not to be the aforefaid Forty Pounds, to be paid to the ſaid A.
allowed for Want of Evidence at the former Trial, when he should afterwards be thereunto required: Yet the
which the Party might then have produced; And faid E. although thereto often required, bath not paid the
it hath been denied, where the Defendant forgot Said Forty Pounds to the faid E. but hitherto bath alto-
to bring a Settlement at the Trial; fo likewife gether denied, and ftill doth deny to pay the fame to him;
where very large Damages were given, on the Re-to the Damage of the faid A. Twenty Pounds, and there-
port and Opinion of the Judge who tried the Caufe, upon he brings his Suit, &c. And now at this Day,
that he believed the Jury gave a Verdict according to wit, on the Day, &c. in this fame Term, to which
to their Confciences: And no new Trial fhall be Day the aforefaid E. bad, Licence of Imparling, and then
granted for too fmall Damages; unless where Ac- to Anfwer, &c. before the Lord the King at Weftmin-
tion of Covenant is brought for a Sum certain, and fter, came as well the aforefaid A. by his Attorney afore-
the Jury give Damages under the fame, &c. The faid, as the aforefaid E. by G. H. his Attorney; and
Reafon of granting new Trials upon Verdicts againſt the faid E. defends the Force and Injury, when, &c.
Evidence at the Affifes is, because the Trials are and faith, That be by Virtue of the aforefaid Writing
fubordinate to the Courts; and fuch new Trials Obligatory, ought not be charged with the Debt afore-
have been anciently granted, as appears from this; faid, because he faith, that the Writing Obligatory afore-
that it is a good Challenge to a Juryman to fay faid, is not his Deed; and of this he puts himself upon
that he hath been a Juror before in the fame Caufe; the Country, and the aforesaid A. likewife, &c. There-
Adjudged that a new Trial cannot be granted in an fore let there come a Fury thereof before our Lord the
inferiour Court. 2 Salk. 647, 648, 649, 650, 3 Nelf. King at Weftminster, on, &c. Such a Return-Day)
Abr. 414, 417. After a Motion in Arreft of Judg- and who are neither, &c. to recognize, &c. because as
ment, the Party fhall not move for a new Trial; well, &c. The fame Day is given to the faid Parties
but after Motion for a new Trial, he may move in bere, &c. And afterwards the Proceeding thereof avas
Arreft of Judgment. 2 Salk. 647. A new Trial is continued between the Parties aforesaid, of the Plea afore-
never granted in criminal Cafes, where the Defen- faid, by Furors put thereof between them refpited before
dant is acquitted, if fome Fraud or Trick be not our faid Lord the King at Weſtminſter, until the Day,
proved in the Cafe: Ibid. But on Conviction, a &c. unless the Justices of the Lord the King, affigned to
new Trial may be granted upon Caufe; fo if a bold the Affifes in the County aforesaid, should on the
Trial on Indictment be by a wrong Venue; and in Day of, &c. at, &c, according to the Form of the Sta-
Cafes where Appeal may be brought. 2 Lill. 606, tute in fu h Cafe made and provided, come before for De-
613. If the Iffue tried in any Caufe is not joined, fault of the Furors; therefore let the Sheriff have their
it is not a good Trial; except it be an Iffue in Chan- Bodies, &c. The fame Day is given to the Parties a-
cery in the Petty Bag Side, which is to be fent forefaid there, &c. And be it known, that the Writ
from thence to be tried in B. R. Hill 22 Car. It is of the faid Lord the King thereof, on the Day, &c. (the
a Mif-trial for a Thing, to be tried before a Judge, Day of the Return of the Venire) in the fame Term,
who hath Intereft in the Thing in Queftion; and before the Lord the King at Weſtminſter, was delivered
if a Caufe is tried by a Jury out of a wrong County, of Record to the Deputy Sheriff of the County aforefaid,
or there be any Error in the Procefs against the in due Form of Law to be executed, &c. Afterwards,
Jurors, or it is directed to a wrong Officer, &c. it (that is to say) on the Day, and at the Plae within
is a Mif-trial; likewife where Matter of Record is contained, came as well the within named A. B. as the
tried by a Jury, it will be a Mif-trial; but if the within written E. F. by their faid Attornies within men-
Matter of Record be mixed with Matter of Fact, tioned, before Sir R. E. Knight, Chief Fuftice of the
Trial by Jury is good. Hob. 124. On a Mif-trial, Lord the King of his Court of Common Pleas, and R. Ji
Judgment may not be given; but fhall be arrested, Efq; (affociated to him for this Purpoſe) and A. D. Eſy;
c. But a Mif-trial is helped by the Statute of another of the Fuftices of the faid Lord the King, of his
Feofails. Scc fue, Nifi prius, &c.
faid Court of Common Pleas, appointed to hold the Affixes
in the County of Somerfet, by Virtue of the Writ of the
A Record of a Trial and Judgment in Action of Lord the King, directing the ſaid Affifes to be held before.
Debt.
Pleas before the Lord the King at Westminster,
of Hillary Term in the Sixth Year of the Reign
of our Sovereign Lord GEORGE the Second,
King of Great Britain, &c. Roll 20.
Somerfer, ff TT is to be remembred, that heretofore,
T to wit, in Michaelmas Term laft
any two of the Perfons therein named, if all named
therein should not come there, (the Prefence of the faid
A. D. not being, expected) and the Favors of the Fury,
being Summoned and Ballotted, acording to the Form of
the Statute in that Cafe made and provided, and tried
and fworn to declare the Truth of what is within contain:
ed, fay upon their Oath, that the Writing Obligatory in
the Declaration within mentioned, is the Deed of the faid
E. as the faid A. bath within declared against him; and
they
..
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1
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TR
they affefs the Damages of the faid A. on that Occafion, | Felony, &c. whereof he ftands indicted: To which
befides the Expences and Cofts by him laid out in the Pro- they answer Yes: Then Proclamation is made for
fecution of this Caufe, to one Shilling, and his Expences all Perſons to keep Silence, on which the Prifoner
and Cofts to Fifty-three Shillings and Four pence. There is fet to the Bar, and Sentence paffed upon him;
fore it is confidered, that the faid A. do recover against after which an Order or Warrant is made for his
the faid E. bis faid Debt, and the Damages affeffed by Execution. This is the Manner of Proceeding a-
the faid Fury by Reafon of detaining the fame, and also gainft common Criminals; and the Priſoner is firſt
Fourteen Pounds for his Expences and Cofts awarded by to fay what he can himſelf, then all that can fay
this Court to the faid A. with his Confent, by way of In- any Thing against him are to be heard upon Oath,
creaſe; which ſaid Damages, Expences and Cofts, a and then others may be heard for him; and the
mount in the whole to Sixteen Pounds Fourteen Shillings Court is to be of Counfel with the Prifoner, and
ought to adviſe him for his Good, not taking Ad-
and Four-pence, and the faid E. is in Mercy, &c.
vantage too ftri&tly against him. Mod. Fuft. Edit. 3.
pag. 402, 403. 2 Hawk. P. C. 9 Co. Rep. 9. And a
great Author obferves, that through the Punctu-
ality required by Law in the Trial of Cauſes,
there is as much as Art and Confcience can con-
trive againft Corruption, and in Favour of Right,
Liberty, Life and Reputation: And the greateſt
Criminals here, have Privileges which they cannot
be debarred of: Sce Fortefine's Land. Leg. Angl. 59,
60.
T
Criminal Cafe.
Trials in Criminal Cales. First the Bill of
Indictment against an Offender is prepared; and
the Party Profecutor and others bound over to
give Evidence, being ordered to attend, the Grand
Jury retire to confider of the Bill; and on Exami-
nation of the Witneffes, either they find the Bill of
Indi&ment, or bring it in Ignoramus: If the Jury
find the Bill, the Prifoner is brought to the Bar of
the Court; and the Cryer fays to him, A. B. hold
up thy Hand, Thou ftandeft indicted by the Name
of A. B. for fuch a Felony, &c. (reciting the Crime
laid in the Indi&tment) How fayeft thou, art thou Form of a Record of a Trial and Judgment in a
Guilty of this Felony, &c. whereof thou ftandeft
indicted, or Not Guilty? To which the Prifoner
anfwers, Not Guilty; whereupon the Clerk of the
Peace fays Cul. prit. How wilt thou be tried? And
the Offender anfwers, By God and his Country:
When the Priſoner has pleaded Not guilty, (which
is the common Plea) it is to be recorded; and then
the Petty Jury are called upon the Panel, and a
full Jury appearing, the Prifoner is told they are
to pafs upon his Life and Death, and that he may
Challenge any of them before they are fworn; for
not being indifferent, but partial, or other Defect,
c. Then the Jury are worn well and truly to
try the Prisoner, and to bring in a true Verdict:
This being done, the Indictment is recited, and the
Jury are acquainted with the particular Crimes of
which the Prifoner ftands indicted; and the Clerk
of the Peace ſays, To which Indictment he hath
pleaded Not guilty, and for his Trial hath put
himfelf upon God and his Country; fo that you
(the Jury) are to inquire whether he be guilty of
the Felony, &c. whereof he ftands indicted, or
not? If you find him Guilty, you are to make En-
quiry into what Goods and Chattels he had at the
Time that the faid Felony, c. was committed, or
at any Time fince: And if you find him Not
Guilty, you fhall inquire whether he did fly for it;
and if he fled for it, what Goods, &c. he had at
the Time of his Flight; but if you find him Not
Guilty, and that he did not fly, you fhall then fay
no more. Then the Clerk of the Peace fwears the
Witneſſes to give true Evidence; to fpeak the
whole Truth, and nothing but the Truth; and
when the Evidence is given to the Jury concern-
ing the Prifoner, the Jury are to be kept in a
Room, by a fworn Bailiff appointed, without Mear,
Drink, Fire or Candle, and without any Perfons
fpeaking to them, till they bring in their Verdi&t.
All Things being given in Charge, the Jury go to
their Room and confider of the Matter; when
they are all agreed, and returned within or near
the Bar, the Prifoner is brought forth, and the
Jury are called over; who all appearing, and the
Prifoner fet to the Bar, the Clerk of the Peace
fays to them, Look upon the Prifoner, you Gentle
men of the Jury; How fay you, is A. B. Guilty of
the Felony, &c. of which he stands indicted, or
Not guilty? If the Jury fay Guilty, it is recorded,
and the Prifoner taken away; if they fay Not
Guilty, he is bid to down upon his Knees, &c.
and then the Clerk of the Peace fays, My Matters
of the Jury, hearken to your Verdi& as the Court
hath recorded it; You fay A. B. is guilty of the
4
HE Inquifition taken at the Seffions of the Peace.
of the Lord the King for the City of London, at
&c. Hall of the faid City, on the Day of, &c. in the
Year of the Reign of the Lord George the Second, &c.
before Sir F. C. Knight, Lord Mayor of the City of Lon-
don aforefaid, Sir R. B. H. P. Efq; &c. and J. U. one
of the Serjeants at Law of the Lord the King, and De-
puty Recorder of the faid City, Justices of the faid Lord the
King, affigned to fee the Peace kept in the City aforesaid,
and also divers Felonies, Treſpaſſes and Mifdemeanors in
the faid City committed, to hear and determine; by the
Oaths of A. B. C. D. E. F. G. H. J. K. &c. (the
Fury) good and lawful Men of the Body of the City
aforefaid, who say upon their Oath aforesaid, That
T. W. late of London, Yeoman, and J. R. late of
London aforefaid, Yeoman, not having God before their
Eyes, but moved and feduced by the Inftigation of the
Devil, the Day of, &c. in the Year of the Reign of our
Lord George, &c. at London aforesaid, that is to say,
in the Parish of St. Dunstan in the Weft, in the Ward
of Farringdon without, with Force and Arms, &c. fe-
loniously and of their Malice forethought, in and upon one
L. T. then and there being in the Peace of God, and of
the faid Lord the King, made an Affault and Affray;
and the aforefaid T. W. a certain Gun called, &c. of
the Value of Five Shillings, then and there charged with
Gunpowder, and one Leaden Bullet, which Gun, the faid
T. W. in his Right Hand then and there had and held,
in and upon the aforefaid L. T. then and there feloniouſly,
voluntarily, and of his fore-thought Malice did foot off
and discharge, and the aforesaid T. W. with the Leaden
Bullet aforefaid, from the Gun aforesaid then and there
difcharged and fent out, the faid L. T. in and upon the
Left Part of the Body of him the faid L. T. near the
Left Pap of the faid L. T. then and there feloniously
ftruck, giving to the faid L. T. with the Leaden Bullet
aforefaid, out of the Gun aforesaid then and there fent
out, in and upon the aforefaid Left Part of the Body
of the faid L. T. near the aforefaid Left Pap of the faid
L. T. one mortal Wound, of the Breadth of half an Inch
and in Depth five Inches, of which mortal Wound, the
faid L. T. at London aforefaid, in, the Parish and
Ward aforefaid, inftantly died; and that the aforesaid
J. R. feloniously, and of his fore-thought Malice, then
and there was prefent, aiding, affifting, abetting, com
forting, and maintaining the aforefaid T. W. the Felony
and Murder aforefaid, in Manner aforesaid, to do and
commit: And fo the Furors aforesaid, upon their Oath a-
forefaid Lay, That the faid T. W. and J. R. the afore-
faid L. T. at London aforesaid, in the Pariſh and Ward
aforefaid, in Manner and Form aforefaid, feloniously, vo
luntarily,
J
1
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TR
1
Trimilchi. The English Saxons denominated the
Month of May Trimilchi; because they milk'd their
Cattle three Times every Day in that Month.
Beda.
Trinity, (Trinitas) The Number of three Per-
fons in the Godhead or Deity; and denying any
one of the Perfons in the Trinity to be God, is fub
ject to divers Penalties, and Incapacities, by the Stat.
9 & 10 W. 3. See Religion.
Trinity-Houfe, Is a Kind of College at Deptford,
belonging to a Company or Corporation of Seamen,
who have Authority by the King's Charter to take
Knowledge of thofe that deftroy Sea-marks; alfo
to redrefs the Faults of Sailors, and divers other
Things belonging to Navigation. 8 Eliz. c. 13. By
a late Statute, Pilots of Ships coming up the
Thames, are to be examined and approved by the
Maſter and Wardens of Trinity-Houfe, &c. 3 Geo. 1.
c. 13. See 5 Geo. 2. c. 20,
Trink, A Fishing Net, or Engine to catch Fiſh.
2 Hen. 6. c. 15.
Trinobantes, The Inhabitants of Middlesex, Effex,
Hertfordshire, &c.
luntarily, and of their fore-thought Malice did kill and
murder, against the Peace of the Lord the King that now
is, bis Crown and Dignity, &c. And afterwards, that
is to say, at the Gaol Delivery of the Lord the King at
Newgate, held for the City of London aforefaid, at
Juftice Hall in the Old Baily, in the Parish of St. Se-
pulchres, in the Ward of Farrington without aforefaid,
the Day of, &c. in the Year of the Reign of our faid
Lord George the Second, &c. before Sir F. C. Knight,
Lord Mayor of the City of London aforefaid, Sir R. R.
Knight, Lord Chief Justice of the Lord the King, &c.
Sir E. P. one of the Fuftices of the faid Lord the King,
&c. Sir R. B. Knight, H. P. Efq; &c. and J. J. one
of the King's Serjeants at Law, and Deputy Recorder of the
City of London aforesaid, and other their Fellows Justices
of the Lord the King, bis Gaol aforefaid of Prifoners in
the ſame being to deliver affigned, The aforefaid T. W.
and J. R. under the Cuftody of S. R. and T. P. Efqrs;|
Sheriffs of the City of London aforefaid, to the Bar a-
forefaid brought, in their proper Perfons came, and being
Severally asked, how of the Felony and Murder aforefaid
they would acquit themselves; the faid T. W. faith,
That he cannot deny, but that he is guilty of the Felony
and Murder aforefaid, to him in Form aforefaid impofed,
and the faid Felony and Murder exprefly confeffeth, and
thereof putteth himself upon the Mercy of the King; and
the faid J. R. faith, That he of the Felony and Murder
aforefaid, to him in Form aforefaid impofed or charged is
Not guilty, and thereof for Good and Ill puts himself upon |
the Country: Therefore immediately cause a Fury thereof
to come, &c. And the Furors of the Fury aforesaid, by
the aforefaid Sheriffs of the City of London, to this impa-
nelled being called, that is to fay, L. M. N. O. P. R.
S. T. &c. came; who to say the Truth of and upon the
Premiffes, to the faid J. R. impofed, chofen, tried and
fworn, fay upon their Oath, that the aforefaid J. R. is
Guilty of the Felony and Murder, to him in Form aforefaid Tríroda terræ, A Quantity of Land, containing,
impofed, in Manner and Form as by the Indictment afore-three Rods or Perches. MS. Eliam. Ahmole Ar. ·
faid it is fuppofed; and that he at the Time of the Felony Trifta, A Poft or Station in Hunting. Cowel.
and Murder aforefaid, in Form aforesaid committed, or
ever after had no Goods or Chattels, Lands or Tenements,
to the Knowledge of the Furors aforesaid: Upon which
the faid T. W. and J. R. being feverally spoken unto,
If they had any Thing for themselves to offer, or could fay,
why the Court aforesaid, to Fudgment and Execution of
them and either of them for the Premises ought not to
proceed, and they say nothing but what at first they had
faid; upon this, then and there, It is confidered by the faid
Fuftices, that the aforefaid T. W. and J. R. to the
Gaol of Newgate aforefaid from whence they came, fhall
be fent back, and thence be led, and either of them be led
unto the Place of Execution, and there be hanged, and
either of them be hanged, until, &c.
Tricennale, Is the fame with Trental. 1 Ed. 6.
Tricefima, An ancient Cuftom in a Borough in
the County of Hereford, fo called, becaufe Thirty
Burgeffes paid 1 d. Rent for their Houfes to the
Bishop, who is Lord of the Manor. Lib. Niger
Heref.
Tridingmote, The Court held for a Triding or
Trithing. Chart. King Hen. 1.
:
Tribing or Trithing, (Sax. Trithinga) Contains
the third Part of a County, or three or four
Hundreds Alfo it was a Court held within that
Circuit of the Nature of the Court-Leet, but in-
ferior to the County-Court. Camd. 102. Magn. Chart.
cap. 36.
The Ridings in Yorkshire are corruptly
called by that Name, from Tridings or Trithings:
And thofe who anciently governed thofe Trithings,
were termed Trithing Reves, before whom were
brought all Caufes which could not be decided in
the Hundreds; for from the Hundred-Court Suits
might be removed to the Trithing, and thence to
the County-Court. Spelm. See Lath-reve.
Trilion, A Word uſed by Merchants in Accounts,
to fhew that the Word Million is thrice mentioned,
Merch. Dict.
Trinoda Neceflitas, Signified a threefold neceffary
Tax, to which all Lands were liable in the Saxon
Times, i. e. for repairing of Bridges; the main-
caining of Caftles or Garrifons; and for Expeditions
to repel Invafions: And in the King's Grants, and
Conveyances of Lands, these three Things were ex-
cepted in the Immunities from other Services, &c.
Exceptis his tribus, Expeditione, Pontis Arcis
conftructione. Paroch. Antiq. 46.
Tríours or Triers, Are fuch as are chofen by
the Court to examine whether a Challenge made to
the Panel of Jurors, or any of them, be juft or not.
Broke 122.
Triftis, (From the Fr. Traift, i. e. Truft) Is an
Immunity, whereby a Man is freed from Attendance
on the Lord of a Foreft when he is difpofed to
chafe within the Foreft; and by this Privilege, he
fhall not be compelled to hold a Dog, to follow
the Chafe, or ftand at any Place appointed, which
otherwife he is obliged to, on Pain of Amercia-
ment. Manwood, par. 1. pag. 86.
Trithing and Trithing-Reve. Sce Tribing.
Triumvir, A Trithing-Man, or Conſtable of three
Hundreds. Hift. Elienf.
Tronage, (Tronagium) Is a cuftomary Duty or
Toll for weighing of Wool: According to Fleta,
Trona is a Beam to weigh with, mentioned in the
Stat. Weft. 2. c. 25. And Tronage was used for the
weighing Wool in a Staple or publick Mart, by a
common Trona or Beam; which for the Tronage of
Wool in London, was fixed at Leaden-Hall. Fleta,
lib. 2. c. 12. The Mayor and Commonalty of Lon-
don, are ordained Keepers of the Beams and Weights
for weighing Merchan's Commodities, with Power
to affign Clerks, and Porters, &c. of the Great
Beam and Balance; which weighing of Goods and
Wares is called Tronage: And no Stranger fhall buy
any Goods in London, before they are weighed ar
the King's Beam, on Pain of Forfeiture. "Chart.
K. Hen. S.
Tronato, (From Trona, i. e. Statera) An Officer
in the City of London, who weighs the Wool brought
thither.
Trope, (Tropus) A Rhetorical Way of Speech.
Litt. Dict.
Troper, (Troperium) Is a Book of alternate Turns
or Refponfes in finging Mafs; called Liber fequen
tiarum, by Linderode. Hoved. Hift. p. 283.
Trophy Money, Signifies Money yearly raised
and collected in the feveral Counties of England
towards providing Harnefs and Maintenance for
9 K
the
1
TR
TR
the Militia, &c. Stat. 15 Car. 2. 1 Geo. 1. See
Militia.
•
delivered to one to deliver over to another, and he
to whom they were firft delivered do afterwards
refuſe to deliver them over, and converts them to
his own Ufe; he is liable to Action of Trover, not
only by him who firft delivered them, but alfo by
him to whom they were to be delivered: And a
Plaintiff may chufe to have his Action of Trover a-
gainft the firft Finder of Goods; or any other who
gets them afterwards by Sale, &c. 1 Bulft. 68. 1
Leon. 183. If a common Carrier has Goods deliver'd
to him to carry to a certain Place, and a Stranger
takes them out of his Poffeffion, and converts the
Goods to his own Ufe; Action of Trover and Con.
verfion lies for the Carrier against him.
1 Mod. 31
Trover doth not lie againft à Common Carrier for
Negligence in lofing Goods; though it doth for an
actual Wrong: And if Goods are ftolen from a
Carrier, he may not be charged in Trover and Con-
verfion; but Action upon the Cafe on the Cuſtom
of the Realm, &c. 2 Salk. 655. It has been held,
that where Goods are ftolen, and before Profecu-
tion of the Offender by Indictment the Party rob-
bed brings A&tion of Trover, it lies not; for fo
Felonies might be compounded: But where d. fteals
the Goods or Money of B. and is convicted and
hath his Clergy, upon the Proſecution of B. If he
brings Trover and Converfion for the Money, and
on Not Guilty pleaded this fpecial Matter is found,
the Plaintiff fhall recover. Hale's Hift. P. C. 546
If upon a Fieri facias the Sheriff takes Goods in Ex-
ecution, and before the Sale of them, a Stranger
takes them away and converts them to his own Uſe;
the Sheriff may have an Action of Trover and Con
verfion, as he had a lawful Poffeffion, and is an-
Twerable for them. 2 Sand. 47. And an Executor
may have Trover for the Goods of the Teftator; the
Law gives him a Property, which draweth the Pof-
feffion to it, though there be not an actual Poffeffion.
Latch 214 There must be a Right or Property in
the Goods, or a lawful Poffeffion, c. which is to
be proved by the Plaintiff in Trover, before the
Goods came to the Defendant's Hands: And if a
Man finds his Goods loft in the Hands of another,
if he bought them in open Fair or Market; this
alters the Property, and he cannot recover them.
Trover, (From the Fr. Trouver, i. e. invenire)
Is an Action which a Man hath against one, that
having found any of his Goods, refufeth to deliver
them upon Demand: Or if another hath in his
Poffeffion my Goods, by Delivery to him, or other
wife, and he fells or makes Ufe of them without
my Confent, this is a Converfion for which Trover
lies; fo if he doth not actually convert them, but
doth not deliver them to me on Demand. 2 Lill.
Abr. 618. It is called Trover and Converfion, and is
a fpecial Action of the Cafe, brought to recover
Damages to the Value of the Goods, c. In this
Action, the Plaintiff furmifeth that he loft fuch
and fuch Goods, and that the Defendant hath
found them, and converted them to his own Ufe
at fuch a Place; but the Lofing is but a mere Sug-
geftion, and not material: For if the Plaintiff de-
livered the Goods to the Defendant; or if the
Defendant take the Goods in his Prefence, &c. this
Action lies againſt him, if there be a Converfion;
which is the Point of the A&tion, and therefore
must be particularly alledged: If a Man finds
Goods, he may take Poffeffion of them, and no Ac-
tion lies; but he ought not to abufe or uſe them,
for therein lies the Offence: And where a Man
finds my Goods, and refufeth to deliver them upon
Demand, it is a Converfion in Law; but if he
anfwers that he knows not whether I am the true
Owner or not, and therefore denies to deliver them;
this is no Converfion if he keeps them for me.
1 Danv. Abr. 21, 22, 23. A Perfon finds the Goods
of another, and ufes or wilfully abufes them; as
if it be Paper, and he put it into Water, or the
like, this Action of Trover lies against him: But not
for any Negligence in the keeping of them; as
where one finds another's Garment, and fuffers it
to be Moth-caren, &c. here no Action will lie. 1 Cro.
219. If in Trover, an actual Converfion cannot be
proved, then Proof is to be had of a Demand
made, before the Action brought, of the Thing for
which the Action is commenced, and that the Thing
demanded was not delivered; and in this Cafe,
though an actual Converfion may not be proved, a
Demand, and Refufing to deliver the Things de
manded, is a fufficient Evidence to the Jury that
he converted the fame, till it appears to the con-
appears to the con-
trary. 10 Rep. 56, 491. 2 Lill. 619. Where a De-
fendant comes to the Poffeffion by finding, Denial
is a Converfion; but if he had the Goods, &c. by
Delivery, there Denial is no Converfion, but Evi-1 Leon. 221. In Trover, the Plaintiff may declare
dence of a Converfion: And in both Cafes, the
Defendant hath a lawful Poffeffion, either by Find-
ing or by Delivery; and where the Poffeffion is
lawful, the Plaintiff muft fhew a Demand and a
Refufal, to make a Converfion: Though if the
Poffeffion was tortious, as if the Defendant takes
away the Plaintiff's Hat, the very Taking is a fuf-
ficient Proof of the Converfion, without proving a
Demand and Refufal. Sid. 264. 3 Salk. 365. By
Holt Chief Justice, the Denial of Goods to him, who
hath a Right to demand them, is a Converfion;
and after a Demand and Refufal, if the Defendant
tender the Goods, and the Plaintiff refufe to receive
them, that will go only in Mitigation of Damages;
not to the Right of the Action of Trover, for the
Plaintiff may have that ftill. Mod. Caf. 212. 3 Nelf.
Abr. 424, 425. An Action of Trover and Converfion
may be brought for Goods, although the Goods
come into the Poffeffion of the Plaintiff before the
Action is brought; which doth not purge the Wrong,
or make Satisfaction for that which was done to
the Plaintiff by detaining the Goods: If a Man takes
my Horfe and rides him, and afterwards delivers
him to me, Trover lies against him; for this is
Converfion, and, the Re-delivery is no Bar to the
Action. 1 Danv. Abr. 21. 2 Lill. 618. If Goods are
·
Inft. 498. 1 Dany. 23. The Plaintiff declared on
a Converfion of his own Goods; the Defendant jufti-
fied, for that the Property of the Goods was in A.
B. who fold them to him; adjudged this was no
good Title to juſtify the Converfion without a Tra-
verfe, unleſs the Goods had been fold in a Marker.
upon a Devenerunt ad manus generally; or fpecially
per Inventionem devenerunt: And the Plea on the De
fendant's Part is commonly Not guilty, on which
the fpecial Matter may be given in Evidence, to
prove the Plaintiff hath no Cauſe of Action; or to
intitle the Defendant to the Thing in Controversy:
If the Defendant pleads a fpecial Plea, he muft con-
fefs and avoid, or traverſe the Title of the Plain-
tiff. 2 Bulft. 313. Wood's Inft. 540. The Defendant
in Trover may plead Not guilty, and give in Evi-
dence, that he diftrained the Goods, and derained
them till he was paid; but he cannot plead fpecially
that he took the Goods by Diftrefs, or that he de-
tained them as a Hoft till paid for Horſes ſtanding,
c. for the Detainer being lawful, no Converfion
is confefs'd; though if he pleads a Matter which
confeffes a Converfion, and avoids it, 'tis good.
Telv. 198. 2 Salk. 654. A Man puts out Cattle to
pafture at fo much per Week; and then fells them
to the Plaintiff, who demands the Cattle, but the
Defendant refufes to let them go till paid for;
Trover well lies, and the Defendant's Remedy muft
be by Action for the Money due to him for depa-
afturing the Cows; and he may not detain them for
the Money, as in Cafe of an Inn-keeper, or a Tay-
lor, of Things in their Cuftody. Cro. Car. 27. 2 Lill.
5
622.
TR
TR.
622. In Trover for a Bond, the Plaintiff need not
fhew the Date; for the Bond being loft or con-
verted, he may not know the Date; and if he ſhould
fet out the Date, and miſtake it, he would fail in
his Action. Cro. Car. 262. If the Defendant find
the Bond, and receive the Money, Action of Ac-
count lieth against the Receiver, and not Trover.
Cro. Eliz. 123. The Plaintiff in Action of Trover
alledged, that fuch a Day and Year he required
the Defendant to deliver the Goods, but he refuſed
and converted them to his own Ufe; though he
thewed no Day or Place of the Converfion, as the
Day and Place were alledged of the Request and
Refufal, it was held fufficient. Cro. Car. 262. But
the Place of Converſion must be generally men-
tioned in Trover, or it will be naught. Cro. Eliz.
78, 97. And yet where the Trover of Goods is in
one County, and the Converfion in another County,
the Action brought for thefe Goods may be laid in
the County were the Converfion was, or in any
other County, as it is only a tranfitory Action;
and neither the Place of Trover, nor Converfion,
are travérfable. Pafch. 23 Car. B. R. If there be
Trover before the Marriage of a Female Plaintiff,
and a Converfion afterwards; the Husband and
Wife may join, and it will be good. 2 Lev. 107.
Trover lies againft Baron and Feme, fetting forth
that they converted the Goods to the Ufe of the
Husband; for the Feme may be a Trefpaffer, and
convert them to the Husband's Ufe, or the Ufe of
a Stranger, but not to her own Ufe; and if the
Converfion be laid ad ufum of her felf and Husband,
or ad ufum proprium, &c. it will not be good. Cro.
Car. 494. In Trover the Plaintiff may lay a Conver-
fion here, and prove it in Ireland; 'tis otherwife in
Trefpafs quare Claufum fregit, for there the Party
cannot prove the Trefpafs but where it lies, nor lay
it in any other Place than where it is. Stile 331.
1 Mod. Entr. Engl. 393. Action of Trover, or Deti
nue, at the Plaintiff's Election, may be brought for
Goods detained; for it is but Juftice that the Party
hould have his Goods detained if they may be had,
or elfe Damages to the Value for the Detaining
and Converfion of them. 2 Lill. Abr. 618. And
Trefpafs or Trover, lics for the fame Thing; though
they cannot be brought in one Declaration: And
the Allegation of the Converfion of the Goods in
Trefpafs, is for Aggravation of the Damages, &c.
Cro. Fac. 50. Lutw. 1526. Detinue doth not lie for
Money numbered; but Trover and Converfion lies
for it For though in the Finding and Converting
generally, the Money of one Perfon can't be di-
tinguished from that of another, all Money being
alike; yet the Proof that the Plaintiff loft, and De-
fendant converted fo much, maintains the Action,
if the Verdict finds it. Fenk. Cent. 208. Where Mo-
ney is given to a Perfon to keep, though it be not
in Bags, Action of Trover will lie; because this
Action is not to recover the Money, but Damages.
Poph. 91. 3 Salk. 365. In Cafe a Mafter delivers
Corn to his Servant to fell, who does fo and con-
verts the Money, the Mafter may bring Trover
against the Servant. 2 Bulft. 307. 1 Rolls Rep. 59.
And where an Apprentice goes into the Sea-Service,
his Mafter fhall have an Action of Trover for what
Money he earns, if the fame be refufed Payment,
&c. Mod. Caf. 69. There is no proper Plea in
Action of Trover, where it lies, but the General
Iffue Not Guilty; on which the Defendant may
give in Evidence that the Goods or Money were not
the Plaintiff's. Bro. 109. Trover lieth not for any
Part of a Freehold; but if Doors fix'd are removed
and converted, it will lie. Wood's Inft. 540. In
Trover, the Defendant may not wage his Law, as
he may in Detinue; wherefore it often takes Place
of that Action. See Detinue.
Crop-weight, (Pondus Troja) A Weight of twelve
Ounces to the Pound, having its Name from Troyes,
a City in Champaign, whence it firft came to be uſed
here.
Truce, (Treuga) A League or Ceffation of Arms;
and anciently there were Keepers of Truces appoint-
ed; as King Edw. 3. conftituted by Commiffion two
Keepers of the Truce between him and the King of
Scots, with this Claufe, Nos volentes Treugam pre-
dictam quantum ad nos pertinet obfervari, &c. Rot.
Scot. 10 Ed. 3. Vide Confervators of the Truce.
Trug-Con, (Truga frumenti) Is a Meaſure of
Corn; and at Leominster, at this Day the Vicar hath
Trug-Corn allowed him for officiating at fome Cha-
pels of Eafe within that Parish. Liber Niger Heref.
Truncus, A Trunk fet in Churches, to receive the
Oblations of pious People; of which, in the Times
of Popery, there were many at feveral Altars and
Images, like the Boxes which fince the Reforma
tion have been placed near the Doors of Churches
for receiving all voluntary Contributions for the
Poor: And the cuftomary Free-will Offerings that
were dropt into thofe Trunks, made up a good Part
of the Endowment of Vicars, and thereby often-
times render'd their Condition better than in later
Times. Vicarius habebit Oblationes quafcunque ad
Truncos tam in dicta Ecclefia de, &c. quam alibi in-
fra Parochiam ipfius Ecclefie factas. Ordin. Vic. Lan-
caft. Anno 1430.
Truffa, A Trufs or Bundle of Corn; mentioned
among the cuftomary Services done by Tenants.
Cartular. S. Edmund. MS.
"
Trust, (Fiducia, Confidentia) Is a Confidence which
one Man repofes in another; and if a Perfon in
whom a Truft is repofed, breaks or doth not per-
form the fame, the Remedy is by "Bill in Chancery,
the Common Law generally taking no Notice of
Trufts. 2 Lill. Abr. 624. A Trust and a Ufe were
all one at Common Law, till the Stat. 27 H. 8. which
diftinguished them: The Method of making Con-
veyances by Way of Trust, was invented to evade
the Statute of Ufes; and thefe Conveyances are
not fo much favoured in Law, as plain and dire&
Conveyances of Eftates. Pafch. 23 Car. B. R. De-
clarations and Creations of Trusts, of Lands, Tenc-
ments or Hereditaments, are to be in Writing, fign'd
by the Party empowered to declare fuch Truft, &c.
29 Car. 2. c. 3. In the Explanation of this Statute,
it is provided, That this fhall not extend to refulting
Trufts, or Trufts arifing by Implication or Con-
ftruction of Law; which fhall be of like Force as
before that Act. 4 & 5 Ann. And there is a Sta-
tute by which Infants feifed of Eftates in Fee in
Trust, may make Conveyances of fuch Eftates, by
Order of the Chancery. 7 Ann. If a Man buys
Land in another Perfon's Name, and pays the Mo-
ney for the Lands, this will be a Trust for him that
paid the Money, tho' there be no Deed declaring
the Trust; becaufe the Statute of Frauds extends
not to Trufts raifed by Implication of Law: And a
bare Declaration by Parol, on a Deed affigned,
may prevent any refulting Trust to the Affignor.
2 Ventr. Rep. 361. 2 Vern. 294. Where there has
been Fraud in gaining a Conveyance from another,
that is a Reafon of making the Grantee confidered
as a Trustee: But the Statute 29 Car. 2. relates only
to equitable Trufts and Interefts, and not an Ufe,
which is a legal Eftate. 1 P. Williams 113. There
are only two Kinds of Trufts by Operation of Law;
either where the Deed or Conveyance has been taken
in the Name of one Man, and the Purchaſe-Money
paid by another; or where the Owner of an Estate
has made a voluntary Conveyance of it, and de-
clared the Trust with Regard to one Part to be for
another Perfon, but hath been filent as to the other
Part; in which cafe he himself ought to have the
Benefit of that, it being plainly his Intent. Barnar-
dift. 388. Truft Eftates are generally governed by
the like Rules, and within the fame Reafon, as le-
gal Eftates; for there ought to be a like Rule of
Property
;
i
TR
TU
O
1
Trustees of Papists, Arc diſabled to make Pre-
fentations to Churches. Stat. 12 Ann.
Tub, A Meaſure containing fixty Pounds Weight
of Tea; and from Fifty-fix to Eighty-fix Pounds of
Camphire; &c. Merch. Dict.
Tumbzell, (Tumbrellum) An Engine for Punish-
Kitch. 13. See
ment and Correction of Scolds.
Cuckingstool.
Tun, (Sax) In the End of Words fignifies a
Town, or Dwelling Place.
Tun, (Lat. Tunellum) A Veffel of Wine and Oil,
A Tun of
being four Hogfheads. 1 R. 3. c. 12.
Timber is a Meaſure of forty folid Feet, cut to a
Square. 12 Car. 2. c. 14. And a Tun is twenty
Hundred Weight, of Coals, &c. by Stat. 9 & 10
W. 3. c. 13.
Property in all Courts, to avoid Uncertainty | feiture is by Way of Efcheat, and an Eſcheat can-
There fhall be a Tenancy by the Curtefy, &c. of not be but where there is a Defe&t of a Tenant ; and
a Truſt Eſtate; but of fuch an Eftate, a Woman here is a Tenant. Hard. 495. See Fenk. Cent. 245.
ſhall not be endowed. t P. Williams 109. Talbot's A Truft for a Term is forfeited to the King in Cafe
Caf. 139. See 2 P. Williams 147. A Fine and Re- of Treafon or Felony; and the Truftees in Equity
covery of Ceftui que Truft fhall bar and transfer a fhall be compelled to affign to the King. Cro. Fac.
Truft, as it should an Entate at Law, if it were up 513. If a Bond be taken in another's Name, or a
on a Confideration. Chanc. Rep. 49. In Equity Trufts Leafe be made to another in Truft for a Perfon,
are ſo regarded, that no Act of a Trustee will pre who is afterwards convicted of Treafon or Felony,
judice the Ceftui que Truft; for tho' a Purchafer, they are as much liable to be forfeited as a Bond
for valuable Confideration, without Notice, fhall or Leafe made in his own Name, or in his Poffef
2 Hawk. 450. Execution may be fued, and
not have his Title any Ways impeached, yet the fion.
Trustee muſt make good the Truft: But if he pur- Lands held in Truft delivered, where any Perfon is
chafes, having Notice, then he is the Trustee him- feifed or poffeffed in Trust for another; by the Sta-
felf, and ſhall be accountable. Abr. Caf. Eq. 384 tute of Frauds, 29 Car. 2. Trustees being obliged
Where Trustees in a Settlement, join with Tenant to join in Receipts, one is not chargeable for Mo-
for Life in any Conveyance, to defeat a Remain-ney received by the other: In the Cafe of Exe
der, before it comes in effe; this is a plain Breach cutors 'tis otherwife. 1 Salk. 318. 2 Vern. Rep. 515.
of Trust; and thofe as claim under fuch Deed, A Truſtee robbed by his own Servant, fhall be dif
having Notice of the Truft, will be liable to make charged of it on Account; tho' great Negligence
good the Eftates. z Salk. 680. Yet in cafe a Tru may charge him with more than he hath received,
ftee joins with Ceftui que Trust in Tail, in a Deed to in the Truft. 2 Chan. Ca. 2. 1 Vern. 144. There is a
bar the Intail; as it is no more than what he may be Breach of Trust in Servants, going away with their
compelled to, 'tis no Breach of his Truft. 1 Chan. Mafters Goods delivered them, &c.
Caf. 49, 213. It has been decreed, that a Trust for
a Son, &c. fhall pafs with the Lands, into whofe
Hands foever they come, and cannot be defeated by
any A&t of the Father or Trustees. And tho' a
Husband and Wife, have no Children in many
Years, and they and the Trustees agree to fell the
Land fettled, &c. it will not be permitted in Chan-
cery. Abr. Caf. Eq. 391. 1 Vern. 181. A Termor
grants his Lands in Truft for himſelf for Life, and
to his Wife for Life, and after to his Children for
their Lives, and then to A. B. This Truft to A.
B. is good; though if it had been to the Heirs of
their Bodies, it would be otherwife: And a remote
Truft of a Term, which tends to a Perpetuity, has
been decreed a void Limitation. Chanc. Rep. 230,
239. If a Husband makes a Leafe for Years, in
Truft for his Wife, he may fell it, and it will bind
her: But when a Trust is firft created for a Wife
bona fide, he cannot fell it, unless fhe join in a Fine.
Ibid. 307, 308. It hath been adjudged, where a
Term is fettled in Trust for a Jointure on a Wife,
or in Purſuance of Marriage Articles, or if the
Term of the Wife be affigned by her before Mar-
Turbary, (Turbaria, from Turba, an obfolete La-
riage; the Husband can neither charge or fell it,
though if the Affignment is made after Martin Word for Turf) Is a Right to dig Turfs on a
riage in Truft for the Wife, it is then voluntary and Common or in another Man's Ground. Kitch. 94.
fraudulent. Ibid. 225.
A Truft to pay Portions, Alfo it is taken for the Place where Turfs are dig.
Legacies, &c. out of the Rents and Profits of the ged: And Turbus hath been uſed for the Turfs ; and
Lands, at a Day prefix'd, gives the Trustees Power Turbarius for the Turfary.
to fell; if the annual Profits will not do it within
that Time, then they may fell the Land, being
within the Intention of the Truft: And they cannot
fell to raiſe the Money, except it be to be paid at
a certain Time. Ibid. 176. A Truttee for Sale of
Lands for Payment of Debts, paying Debts to the
Value of the Land, thereby becomes a Purchaſer
himſelf. Ibid. 199. Where a Trustee for paying Por-
tions, pays one Child his full Share, and the Truft
Eltate decays, he shall not be allowed fuch Payment.
2 Chan. Ca. 132. If one devifes Lands to Trustees
until his Debts are paid, with Remainder over,
and the Trustees mifapply the Profits, they fhall
hold the Land only 'till they might have paid the
Debis, if the Rents had been duly applied; and
after that the Land is to be diſcharged, and the
Trustees are only answerable. I P. Williams 519
And a Perfon having granted a Leafe of Land to
Truſtees, in Truft to pay all the Debts which he
fhould owe at his Death, in a juft Proportion, with-
out any Preference; it was here decreed, that the
Simple Contract Debts became as Debts due by
Mortgage, and fhould carry Intereft. Ibid. 229.
Trust of a Fee-fimple Eftate, or Fee-tail, is for-
feited by Treafon, but not by Felony; for fuch For-
Tunnage, (Tunnagium) Is a Cuftom or Impoft
granted to the Crown for Merchandize imported or
exported, payable after a certain Rate for every
Tun thereof. Stat. 12 Hen. 4. c. 3. 6 Hen. 8. c. 14
12 Car. 2. c. 4. See Customs.
1 Ed. 6. c. 13.
Turbagium, The Liberty of digging Turfs. Mon.
Angl. Tom. 1. p. 632.
Turky Company of Merchants, having divers
Fa&tories abroad, and which carry on great Trade
to Turky, &c. created in the Time of Queen Eliza-
beth. See Merchant.
Turkins, A Kind of Sky-colour'd Cloth, men-
tioned in the Stat. 1 R. 2. c. 8.
Turn, Is the King's Leet through all the County;
of which the Sheriff is Judge, and this Court is
incident to his Office; wherefore it is called the
Sheriffs Tourn: And it had its Name originally from
the Sheriff's taking a Turn or Circuit about his
Shire, and holding this Court in feveral Places;
for the Word Turn properly taken, doth not fignify
the Court of the Sheriff, but his Perambulation.
Crompt. Furifd. 230. 4 Inft. 260. 2 Hawk. P. C. 55.
The Turn is a Court of Record; and by the Com-
mon Law, every Sheriff ought to make his Turn
or Circuit throughout all the Hundreds in his
County, in order to hold a Court in every, Hundred
for the Redreffing of Common Grievances, and Pre-
fervation of the Peace; and this Court might be
holden at any Place within the Hundred, and as
often as the Sheriff thought fit: But this having
been found to give the Sheriff too great Power of
oppreffing the People, by holding his Court at fuch
Times
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if any Perfon wilfully and maliciously break down
or deftroy any Turnpike Gate, &c. he fhall be ſent
to the common Gaol for three Months; and for a
fecond Offence, the Offender fhall be transported
as a Felon. Stat. 8. Geo. I. c. 5. I Geo. 2. c. 23.
Perfons maliciouſly pulling down, plucking up, or
otherwife deftroying any Turnpike Gate, Pofts, Rails,
Walls, Chains, Bars, c. or Houfe erected for the
Ufe of fuch Turnpike, or who fhall rescue any Per-
fons in Cuftody for fuch Offences, fhall be guilty
of Felony, without Benefit of Clergy: And the In-
habitants of the Hundred are to make Satisfaction!
for Damages, &c. but to be made good to them, if
any of the Offenders are convicted in twelve
Months. If any Perfon affault any Colle&or of the
Toll, or by Force pafs through a Turnpike Gate,
without paying, he fhall forfeit 51. leviable by Ju-
ftices; and the like Penalty is inflicted on Confta-
bles, refufing to execute Warrants of Commiffioners,
·
c. 8 Geo. 2.c. 20. Where any Perfon having paid Tóll,
at a Turnpike, gives his Ticket to another, that he
may avoid paying the fame, both the Perfon giving
and receiving it, are liable to a Forfeiture of 10s. on
Conviction before the Commiffioners, or a Jultice of
Peace. 13 Geo. 2. c. 25. And by a late Statute, the
Trustees or Commiffioners are to caufe Engines to
through any Turnpike with their Loading, and take
over and above the Toll 20s. for every Hundred
they weigh above 6000 Pound Weight; the Money
to go towards mending the Ways, and be levied by
Diftrefs in like Manner as for any Toll, &c. Per-
fons hindering the weighing, fhall be imprifoned
three Months, and forfeit 10. upon Oath made
thereof by one Witneſs, before the next Juſtice,
c. Stat. 14 Geo. 2. c. 42.
Times and Places, at which they could not con-
veniently attend, and thereby increase the Num-
ber of his Amercements; by the Stat. of Magna
Charta, cap. 35. it was enacted, That no Sheriff
fhall make his Turn through a Hundred but twice
in a Year, viz. once after Easter, and once after
the Feast of St. Michael; and at the Place accu-
ftomed: Alfo a fubfequent Statute ordain'd, That
every Sheriff shall make his Turn yearly, one Time
within the Month after Eafter, and another Time
within the Month after Michaelmas; and if they
hold them in any other Manner, they fhall lofe
their Turn for that Time. 37 Ed. 3. cap. 15. Since
theſe Statutes, the Sheriff is indictable for holding
this Court at another Time, than what is therein
limited, or at an unuſual Place: And it hath been
held, that an Indi&ment found at a Sheriff's Turn,
appearing to have been holden at another Time, is
void. Dalt. Sher. 390, 391. Dyer 151. 38 Hen. 6. At
Common Law the Sheriff might proceed to hear
and determine any Offence within his Jurifdiction,
being indicted before him, and requiring a Trial,
till Sheriffs were restrained from holding Pleas of
the Crown by Magna Charta, c. 17. But that Sta-
tute doth not reftrain the Sheriff's Turn, from taking
Indictments or Prefentments, or awarding Process
thereon; though the Power of awarding fuch Pro-be erected, for weighing all Carriages that pass
cefs being abuſed, was taken from all the Sheriffs
(except thofe of London) by the i Ed. 4. c. 2. and
lodged in the Juftices of Peace at their Seffions,
who are to award Procefs on fuch Indictments de-
livered to them by the Sheriffs, as if they had been
taken before themselves, &c. 2 Hawk 57, 70, 71.
The Sheriff's Power in this Court is ftill the fame
as anciently it was, in all Cafes not within the Sta-
tutes above-mentioned; he continues a Judge of
Record, and may inquire in his Turn of Treaſons
and Felonies, by the Common Law; as well as the
loweſt Offences against the King, fuch as Purpre-
ftures, Seifures of Treaſure-Trove, of Waifs, E-
ftrays, Goods wreck'd, &c. All common Nufances
and Annoyances, and other fuch like Offences; as
felling corrupt Victuals, breaking the Affife of
Beer and Ale, or keeping falfe Weights or Mea-
fures, are here indictable; alfo all common Diftur-
bers of the Peace, Barretors, and common Oppref-
fors; and all dangerous and fufpicious Perfons, &c.
And the Sheriff in his Turn may impofe a Fine on
all fuch as are guilty of Contempts in the Face of
the Court; and upon a Suitor to the Court making
Default, or refufing to be fworn on the Jury; or
on a Bailiff not making a Panel; on a Tithing-man
neglecting to make his Prefentment; or a Perfon
chofe Conftable refufing to be fworn, &c. And he
may amerce for Offences; which Fines and Amerce-
ments are leviable and recoverable by Diftrefs,
&c. Ibid. 58, 60, 67. But notwithstanding this it
has been obferved, that great Part of the Bufinefs
of the Turn and Leet, hath for feveral Years paft,
through the Negligence of Sheriffs and Stewards,
devolved on the Quarter-Seffions. Wood's Inft. See
County-Court and Court-Leet.
Turno Vicecomitum, Is a Writ that lieth for
thoſe that are called to the Sheriff's Turn out of
their own Hundred. Reg. Orig. 173.
Turnpikes, There are Statutes continually made
for creating Turnpikes for Repairing of Ways; em-
powering Juftices of Peace and other Commiffioners
to appoint Surveyors of the Roads to amend the
fame; and alfo Collectors of the Toll at the Places
where the Turnpikes are fet up; which Toll is ge-
nerally is. or 6d. for a Coach or Waggon, and id.
for every Horfe, &c. and the Money collected is to
be paid weekly to the Surveyors, who are to ac-
count to the Justices, &c. Perfons driving Horfes
or other Cattle through any Grounds adjoining to
the Ways, to avoid the Toll, fhall forfeit 10s. And
Turny, (Fr. Tourney) Mentioned in the Stat. 24
H. S. c. 13. See Tournament.
2.
Tutors, The Statute relating to, 13 14 Car
c. 4. Vide Schoolmaster.
Twaite, Signifies a Wood grubbed up, and con-
verted to arable Land. Co. Lit. 4.
Twanight Gelte, (Hofpes duarum Noctium) Was a
Gueft at an Inn a fecond Night; and if he did any
Injury to any Perfon, he was to anſwer for it him-
felf; and not his Hoft, as in Cafe of a Third Night's
Awn-hinde. Sax. Lex.
Twelfhindi, (Sax.) The higheft. Rank of Meñ,
in the Saxon Government, who were valued at
1200 Shillings; and if an Injury were done to fuch
Perfons, Satisfaction was to be made according to
their Worth. Leg. K. Alfred, cap. 12, 13, &c. and
of K. H. 1. c. 76.
Twelve Men, (Duodecim homines legales) Is a Num-
ber of twelve Perfons or upwards, by whom and
whofe Oath as to Matter of Fact all Trials pafs,
both in Civil and Criminal Caufes, thro' all Courts
of the Common Law in this Realm: They are
otherwife called the Fury or Inquest. See Fury.
Twyhindi, (Sax.) Were the lower Order of
Saxons, valued at 200s. as to pecuniary Mules in-
flicted for Crimes, &c. Leg. Alfred. C. 12.
Tyhtlan, An Accufation, Impeachment, or
Charge of any Trefpafs or Offence. Leg. Ethelred.
C. 2.
Tylwith, (Brit. derived from Tyle, i. e. locus ubi
ftetit Domus vel locus adificanda Domui aptus, or from
Tylath, Trabs, tignus) Signifies a Place whereon
to build a Houfe, or a Beam in the Building: And
it is applied to. Familia, a Tribe or Family branch-
ing forth of another, which in the old English He-
raldry is called Second or third Houfes; fo that in cafe
the great paternal Stock brancheth itſelf into feve-
ral Tylwiths or Houfes, they carry no fecond or
younger Houſe farther; and the Uſe of theſe Tyl-
withs was to fhew not only the Originals of Families
as to Pedigree, but the feveral Diftin&tions and Di-
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and alfo all perty Chapmen, or Pedlars without
Licence, Wanderers lodging in Barns or Out-
houfes, or that pretend to be Soldiers or Mariners,
or to go to work in Harveft, and all wandering
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​ſtances of Birth, that in cafe any Line fhould make
a Failure, the next in any Degree may claim their
Intereft according to the Rules of Defcent, &c.
Tynmouth. There is a customary Difcent of
Lands in the Honour of Tynmouth, that if any Te-Beggars, fhall be deemed Rogues and Vagabonds.
nant have Iffue two or more Daughters, and die
feifed in Fee, the Land fhall go to the eldest Daugh-
ter for Life only, and after to the Coufins of the
Male Line; and for Default thereof, to efcheat.
2 Keb. 111, 114.
Type, (Typus) A Figure, Example, or Likeness
of a Thing. Litt. Dict.
Typographia, The Trade of Printing. Ibid,
Cythes, (Decime.) See Tithes.
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Parish Officers or others apprehending any fuch
Vagabond or Vagrant, and caufing him to be con-
veyed to fome Juſtice, he may make an Order for
the Conftable, &c. to pay 10's. to the Perſon that
apprehends the Offender, which is to be repaid by
the High Conftable, and who ſhall be allowed it in
his Account by the Treafarer of the County,
And when Vagrants are apprehended and taken
before a Justice of Peace, they ſhall be examined
on Oath by the Juftice concerning the Parish to
which they belong, and be fent away by Pafs to
their Places of legal Settlement, or of Birth, &c.
2
caus, Vacant, Free, that is at leifure; alfo The Conſtable or other Officer having fuch Pafs,
void. Litt. Di&.
lacaría, A void Place, or waffe Ground:
Dedimus omnia Dominica noftra Vacariis, & Foreftis,
c. Mem. in Scacc. Mich. 9 Edw. 1.
Macation (Vacatio) Is all the Time betwixt the
End of one Term and the Beginning of another;
and it begins the laft Day of every Term as foon as
the Court rifes. The Time from the Death of a
Biſhop, or other ſpiritual Perfon, till the Bishoprick
or Dignity is fupplied with another, is alfo called
Vacation. Stat. Weſtm. 1. c. 21. 14 Ed. 3. c. 4.
Macatuta, An Avoidance of an Ecclefiaftical
Benefice; as prima Vacatura, the firft Voidance,
For ċ.
Maccary, (Vaccaria) Is a Houfe or Place to
keep Cows in; a Dairy-Houfe, or Cow-Pafture.
Fleta, lib. 2.
Maccarius, The Cow-herd, who looks after the
common Herd of Cows. Ibid.
Wadiare Duellum, To wage a Combat, where
two contending Parties on a Challenge give and
take a mutual Pledge of Fighting. Cowel.
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Madium ponere, Is to take Security, Bail, or
Pledges for the Appearance of a Defendant in a
Court of Justice.
Precipimus tibi, &c. quod
ponas per Vadium & falvos Plegios Johannem de B. &c.
Reg. Orig.
Madium Moztuum, A Mortgage or Pawn of Lands
fo engaged to the Creditor, that he hath a Right
to the mean Profits for the Ufe of his Debt. Glanvil,
lib. 1o. cap. 8.
and a Certificate how they are to be conveyed, and
what Recompence he is to have, fhall convey the
Perfons, according to the Directions therein, the
neareſt Way to the Place where they are ordered,
if in the fame County, or next adjoining, and there
deliver them to the Overfeer of the Poor, c. But
if it be in fome diftant County, the Conftable is to
carry them to the Maſter of the next Houſe of Cor-
rection, together with the Pafs and Certificate,
taking his Receipt for the fame; and fo they fhall
be carried from the Houfe of Correction in one
County, to that in another, till they come to a
Houfe of Correction of the County wherein the
Place is, to which they fhall be fo ordered, there
to be kept to hard Labour, not exceeding one Month,
and then delivered to the Officer of fuch Place
to be provided for; who fhall employ them in fome
Workhoufe, &c. till they betake themfelves to
other Employment. And the Juſtices of Peace at
their General Quarter-Seffions, are to direct what
Rates per Mile or otherwife, fhall be paid for
Paffing Vagabonds; and make Orders for the more
regular Acting in it. If any High Conftable refufes
to pay the Petty Conftables the Rates appointed for
conveying of Vagrants, a Juftice of Peace may by
Warrant levy double the Sum on his Goods, and
thereout allow the petty Conſtable the Sum certi-
fied and his Expences, &c. And in Places where
there is no High Conftable, Petty Conftables are to
be allowed what they expend by the Treafter of
the County which ſaid Treaſurer, ſhall pay out of
the publick Money in his Hands, to the Mafter of
the Houfe of Correction within the fame County,
all his Expences in paffing fuch Vagabonds, he bring-
ing the Certificate, with a Receipt from the Mafter
Magrants, (Vagantes) And other idle Perfons, of the House of Correction, or Churchwarden or Over-
are particularly defcribed by a late Statute: Thofe feer of the Poor to whom fuch Perfons are by him
that threaten to leave their Wives and Children to delivered, &c. Conftables that counterfeit any Cer-
the Pariſh, or return to any Place from whence re-tificate, or Receipt, or alter the fame, fhall forfeit
moved, without Certificate from the Pariſh to which 50l. and if they do not convey the Perfons to the
they belong; fuch as live idly, and refufe to work Place where they ought to be; or fhall refuſe to
for common Wages, or beg from Door to Door, or receive any Perfon fent to them, they are liable to
who place themfelves in Streets, &c. for begging 207. Penalty: And if any Conftable, or other Pa-
Alms in the Parish where they dwell, fhall be ad-rifh Officer, or Mafter of any Houſe of Correction,
judged idle and diſorderly Perfons. And a Juftice refuſes to apprehend or pafs Vagrants; or if any
of Peace may commit them to the Houfe of Cor- Perfons hinder the Execution of this Act, or reſcue
rection, to be fet to hard Labour a Month; alfo any Perfon apprehended, . they fhall forfeit not
any Perfon may apprehend People going from exceeding 5 1. nor less than 10 s. to the Ufe of the
Door to Door, or begging at Parishes wherein they Poor, leviable by Juftices Warrant by Diftrefs, or
live, and 5 s. is to be paid by the Overfeers for for Want thereof, be committed for two Months.
every Offender apprehended. And all Patent Ga- In cafe any Mafter of a Ship, fhall bring into this
therers, or Gatherers of Alms, under falfe Pre-Kingdom from Ireland, or the Plantations, any Va-
tences of Lofs by Fire, Collectors for Prifons, Fen-grant, or Perfons like to live by Begging, they are
cers and Bearwards, Players of Interludes, &c. to be apprehended by Conftables, &c. when found
(having no Settlement where they act, or Licence wandering and begging here, and be openly whipt
from the Lord Chamberlain) all Minstrels, Juglers, and reconvey'd back, &c. at fo much a Head, as
Gypfics, Pretenders to Phyfiognomy, or Palmeftry, the Juftices in Seffions fhall appoint; and the Ma-
Fortune Tellers, Perfons that play at unlawful Games, fters of Ships importing Vagrants, or refufing to
or who run away from their Wives and Families, tranfport them, on a Juftice's Warrant or Order,
whereby they become chargeable to the Parish; forfeit 51. leviable by Diftrefs, &c. And where any
Magabond, (Vagabundus) One that wanders about,
and has no certain Dwelling; an idle Fellow: And
Rogues, Vagabonds, and fturdy Beggars, are men-
tioned in divers Statutes. See Vagrants.
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Perfons permit Vagabonds to lodge in their Houſes,
Barns, &c. and do not carry them before the next
Juftice, or give Notice to fome Conſtable fo to do,
they are to forfeit not above 40 s. or under 10 s. on
Conviction before two or more Juftices: Alfo if any
Charge be brought upon any Place by Reafon
thereof, the fame may be levied by Diftreſs, and
Sale of the Offender's Goods; for want of which,
be fhall be fent to the Houfe of Correction, and
there kept to hard Labour three Months. And all
other A&ts relating to Vagrants, Vagabonds, &c. are
repealed by this A&t. Stat. 13 Geo. 2. cap. 24. See
Rogue.
་
Hannus, A Vane, Venti Index; and Vannus a Fan
to winnow Corn with.· Litt. Di&.
antarius, (Præcurfor) As Vantarius Regis, the.
King's Fore-footman. Richardus R. Miles ten.
Terras per Serjeantiam effe Vantarium Regis, &c. Rot.
de finibus.. Term. Mich. 2 Edw. 2.
ከ
Mariance, (Variantia, from the Fr. Varier, i. e.
Alterare) Signifies any Alteration of a Thing for..
merly laid in a Plea, or where the Declaration in
a Caufe differs from the Writ, or from the Deed
upon which it is grounded, &c. 2 Lill. Abr. 629.
If there is a Variance between the Declaration and
the Writ, it is Error; and the Writ fhall abate.
Walet, Walet, or Wadelet, (Valettus vel Vale&ta) | And if there appear to be a material Variance be-
Was antiently a Name specially denoting young tween the Matter pleaded and the Manner of the
Gentlemen, though of great Defcent or Quality; Pleading it, this is not a good Plea; for the Man-
but afterwards attributed to thofe of lower Rank, ner and Matter of Pleading ought to agree in
and now a Servitor, or Gentleman of the Chamber. Subſtance, or there will be no Certainty in it. Cra.
2 Lill. 629. But when the Pleading is
Camd. Selden's Tit. Hon. Bratt. lib. 3. In the Ac-Fac. 479.
counts of the Inner Temple, it is uſed for a. Bencher's
Clerk, or Servant; and the Butlers of the Houfe
corruptly call them Varlets.
Walentia, The Value or Price of any Thing. See
Value.
Malefheria, Signifies, the Kindred of the Slain,
one on the Father's Side, and another on the Side
of the Mother, to prove that a Man was a Welsh-
man: It is mentioned in Stat. Wallie 12 Ed. 1.
cap. 4.
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good in Subſtance, a fmall Variance fhall not hurt.
3 Mod. 227. Where the Original Writ varies from
the Declaration, 'tis not remedied by any Statute
of Feofails. 5 Rep. 37. There was a Variance be-
tween the Writ and Declaration, in Action of the
Cafe, the one being for more than the other, and
tho' the Plaintiff had a Verdi&t, he could not get
Judgment: It was held, that it was not help'd by
the Stat. 18 Eliz. for that Statute helps when there
is no Writ, not where there is one that varies in
In
Subftance from the Declaration. z Cro. 829.
Ejectment, the Original was Tefte 24 Jan. And the
Eje&tment fuppofed to be 31 Fan. in the fame
Year; the Plaintiff had a Verdict, and this was
affign'd for Error, viz. That the Original was
taken out before there was any Caufe of Action,
and being certified to be between the fame Parties,
and of the fame Land, in the fame Term, it was
adjudged ill, and not to warrant the Declaration;
and thereupon the Judgment was reverfed. Cro. Car.
98, 205. Though a Verdict in Ejectment was for a
Halue, (Valentia, Valor) Is a known Word; and
the Value of thofe Things in which Offences are
committed, is ufually compriſed in Indi&ments;
which ſeems neceffary in Theft to make a Difference
from Petit Larceny, and in Trefpafs to aggravate
the Fault, &c. But in other Cafes a Diftinction
has been made between Value and Price. If a
Plaintiff declares in an Action of Treſpaſs for the
Taking away of live Cattle, or one particular
Thing, he ought to fay that the Defendant took
them away, Pretii fo much; if the Declaration be
for taking of Things without Life, it must be al-Meffuage next the Meffuage of 4. B. and the
ledg'd ad valentiam, &c. fo that live Cattle are to Judgment for a Meffuage next another Mefſuage
be prized at fuch a Price, as the Owner of them in the Occupation of A. B. This is no material
did efteem them to be worth; and dead Things to Variance, but is amendable by the Statute 16 & 17
be reckon❜d at the Value of the Market, which Car. 2. cap. 8. which enacts, That all Omiffions,
may be certainly known. Of Coin not current it Variances, &c. not being against the Right of the
fhall be Pretii; but of common Coin current, it Matter of the Suit, fhall be amended. Raym. 398.
fhall be neither faid Pretii nor ad valentiam, for the 3 Salk. 368. The Original Writ in C. B. concluded
Value and Price thereof is certain: The Difference ad damnum 401. and the Declaration was ad dam-
between Pretii and ad valentiam may proceed from num 100l. The Jury gave 127. Damages; and on
the Rule in the Regifter of Writs, which fhews it to a Writ of Error brought this Variance was affign'd;
be according to the antient Forms ufed in the Law. it was held that this had been a good Objection in
Weft. Symb. part 2. 2 Lill. Abr. 629. A Jewel 'tis the Original A&tion on a Demurrer to the Declara-
faid is not valuable in Law, but only according to tion; but it is not fo after Verdict, not being
the Valuation of the Owner of it, and is very un-Matter in Point of Judgment, eſpecially as the Jury
certain: But there feems to be a certain Value for
Diamonds among the Merchant Jewellers, according
to their Weight and Luftre, &c. Hill. 21 Car. B. R.
2 Lill. 628. A Man cannot ſay that another owes
him fo much, when the Value of the Thing owing
is uncertain; for which Reafon A&tions in thefe
Cafes are always brought in the Detinet, and the
Declaration ad valentiam, &c. 1 Lutw. 484. See
Money.
found only 121. Damages; but if the Verdict had
found more Damages than what was mentioned in
the Writ, tho' lefs than what was fet forth in the
Declaration, it had been ill, becauſe there was no
Writ to warrant fuch Damages. 2 Cro. 629. 1 Bulft.
49. If a Defendant pleads a Variance between the
Writ and Declaration, he is to crave Oyer of the
Writ before he fhall have any Advantage of the
Variance, becauſe the Writ and Declaration are not
Walue of Land, May be intended fuch as it upon the fame Roll; and therefore if the Defen-
was antiently, and not adjudged according to its dant plead to it without demanding Oyer, on De-
improved Value.. 2 Leon. 117. Lutw. 1304. Videmurrer Judgment may be for him to anfwer over,
Exc.
Purchaſe.
2 Salk. 658. If in the Imparlance Roll the
Walue of Marriage, (Valore Maritagii) Was a Declaration is in Debt, and in the Plea Roll 'tis in
Writ that lay for the Lord, having offered Marriage Trefpafs; this is fuch a Variance, that if the Plain-
to an Infant without Difparagement, if the Man tiff hath Judgment it fhall be reverfed. 3 Bulft.
refuſed to take the Lord's Offer, and married ano-229. When a Contra& is intire, an Action of Debt
ther Woman, to recover the Value of the Marriage.
Reg. Orig. 164. This is alfo called Forfeiture of
Marriage, Forisfactura Maritagii. See the Statute
12 Car. 2. cap. 24.
Wang, (Sax.) He vanged for me at the Vant, i. e.
ſtood for me at the Font. Blount.
cannot be brought for Part of the Money, withour
fhewing how the other is fatisfied; if it be, this
Variance from the true Debt will make it ill. 3 Nels
Abr. 440. In Writ of Error in the Exchequer.
Chamber to remove a Record out of B. R. of a
certain Trefpafs the Husband and Wife had done,
the
VE
VE
武
​- * -
!
the Record certified was of a Tréfpafs done by the lex Venatione capiuntur, and being hunted are most
Woman alone, and for this Variance the Writ was wholefome: And they are termed Beafts of Venary,
abated; and the Record judged not removed. Sid (not Venery) becauſe they are gotten in: Hunting.
2-6913 Salk. 369 If a Leaſe be alledged to be 4 Inft 316.
made by two Perfons, and it appears on Evidence. Wenditioni exponas, Is a judicial Writ, directed
they were Tenants in Common, and fo feveral to the Sheriff, commanding him to fell Goods which:
Leafes; it is a material Variance: But on its appear he hath formerly taken into his Hands, for the
ing that the two Leffors were Coparceners, it will Satisfying a Judgment given in the King's Court.
be otherwife, for it is there a Leafe of them both. Reg. Fudic. 33. Stat. 14 Car. 2. cap. 21. The Sheriff
2 Roll. Abr. 719. On Variance in the Perfons or Num-upon a Fieri facias takes Goods in Execution, and;
ber of Acres, c. between a Fine and an Indenture returns that he hath fo done, and cannot find Buy--
to lead the Uies; if the Party avers, there was ers; or if he delay to deliver them to the Party,
not any other Confideration, or new Agreement, &c. then the Writ Venditioni exponas fhall iffue to
but that the Fine was levied according to the Ufes the Sheriff, to make Sale of the Goods, and bring
and Intents mentioned in the Indenture, it is good. in the Money. 13 H. 7. 1. Dyer 363. If a Superfe
5 Rep. 25. Variance in Names, &c. how fupplied by deas be not delivered to the Sheriff till he hath in
Averment, that a Man is the fame Perfon, and part executed a Writ of Execution, he may after-
Inqueft of Office, &c. fee Averment and Pardon. wards be authorised to go through with it by a Ven-
Vide Amendment.
ditioni exponas; as he may alſo in the like Cafe after
a Writ of Error. Dyer 98. Cro. Eliz. 597. 1 Roll.
Abr 894.
- Waffat, (Vaſſallus) In our ancient Customs figni-
fied a Tenant or Feudatary; or Perſon who vowed
Fidelity and Homage to a Lord, on Account of Wenditor Regis, The King's Salefman; being
fome Land, &c. held of him in Fee; alfo a Slave or the Perfon who expofed to Sale Goods and Chat-
Servant, and especially a Domeftick of a Prince.tels feifed or diftrained to answer any Debt due to
Du Cange: Vafallus is faid to be quafi inferior the King: This Office was granted by, King Ed. 1.
Socius, as the Vaffal is inferior to his Mafter, and to Philip de Lardimer, in the County of York; Ita
muſt ferve him; and yet he is in a Manner his quod ipfe vel certus fuus Attornatus ibit ad Mandatum
Companion, becauſe each of them is obliged to Vicecomitis de loco in locum infra Com. pred. fumptibus.
the other. Skene.
fuis ad predict Venditiones faciendas, & capiat de una-
quaque Venditione pro Feodo fuo xxxii. den. But the
Office was feifed in the King's Hands for the Abuſe
thereof. Anno i Ed. 2.
Maffatage, Signifies the State of a Vaffal, or Ser-
vitude and Dependency on a fuperior Lord: Liege
Vaffalage only belonged to the King.
Waffeteria, Was the Tenure or holding of Vaffals.
Cowel.
Walto, Is a Writ that lies against Tenants for
Term of Life or Years, committing Wafte. F. N. B.
55. Reg. Orig. 72. See Waste.
Battum, A Waste or Common lying open to the
Gattle of all Tenants who have a Right of Com-
moning. Paroch. Antiq. 171.
Mabaloz, Is one who was in Dignity next to a
Baron. Camd. Brit. 109.
Sunt & alii Potentes
Regni, qui dicuntur Barones, hoc eft, Robur Belli: Et
alii funt qui dicuntur Vavafores, Viri Magne Dignitatis,
c. Bra&t. lib. 1. cap. 8. Spelm. Gloff.
Wabaloiy, (Vavaforia) The Lands that a Vavafor
held. Bract. lib. 2.
1
:
Wenia, Is uſed for a Kneeling or low Proftra-
tion on the Ground, by Penitents. Walfing: 196.
Wenire facías, A Wrir judicial awarded to the
Sheriff to caufe a fury of the Neighbourhood to
appear, when a Gaufe is brought to Iffae, to try
the fame; and if the Jury come not at the Day
of this Writ, then there fhall go a Habeas Corpora,
and after a Diftrefs until they appear. Old Nat. Br.
157. But where a Venire omits Part of the Iffue to
be tried, or any of the Parties; if a Juror is
named in the Habeas Corpora, by a Name different
from that in the Venire; or a Juror return'd on
fuch a Panel is omitted in the Habeas Corpora; or a
Venire or Diftringas are iffued without any Award
on the Roll to warrant them; it will be ill, and
is faid to be a Difcontinuance. 2 Hawk. P. C. 298,
299. A Venire facias ought to be de aliquo Vicineto;
and Venire de Vicineto Civitatis, is good without
naming of the Parish within the City out of which
Heftigal Judiciarum, Is applied to Money or the Jurors are fummoned. 2 Lill. 633, 636. Tho'
Fines paid to the King, to defray the Charge he is it hath been held, that the Venire facias may be of
at in maintaining the Courts of Juftice, and Pro-a Town, Parish, Manor, or any Place known,
tection of the People. 3 Salk. 33.
called a Lieu Conus; but not of a City, or County.
Mejours, (Viforės, from the Fr. Veoir, i. c. Cer- Cro. Eliz. 260. And yet where a Venue cannot come
nere) Are fuch Perfons as are fent by the Court to from a Vill, Hamlet, &c. there it might be de Cor-
take a View of any Place in Question, for the bet-pore Comitatus, to prevent Failure of Juftice, before
ter Deciſion of the Right thereto: And it is ufed
for those that are appointed to view an Offence; as
a Man murdered, a Woman ravifhed, &c. Old Nat.
Br. 112. Bract. lib. 5.
Weal-money, The Tenants within the Manor of
Bradford in the County of Wilts, pay a yearly Rent
by this Name to their Lord, in lieu of Veal paid
formerly in Kind. Blount's Ten.
Weltrarius, One who leads Greyhounds, which
Dogs in Germany are called Welters, in Italy Veltres,
&c. And Lands are held per fervitium inveniend.
unum veltrarium Canes ducere, &c. Blount's Tenures,
!
•
the Statute 4 & 5 Ann.
& 5 Ann. By which A&t a Venire fa-
cias may be from the Body of the County, &c. In
an Information against a County for not repairing
a Bridge, it was held, that the Attorney General
might take a Venire to any adjacent County; and
that it might be Corpore of the Whole, or de Vicineto
of fome particular Place therein next adjoining.
Trin. 3 Ann. 3 Salk. 381. The Plaintiff in Affumpfit
declared upon a Promife made at Maidstone in Kent;
Wetum quadragefimale, A Veil or Piece of Hang- and upon Non Affumpfit pleaded, the Venire facias
ings, drawn before the Altar in Lent, as a Token was de Vicineto Ville & Parochie de Maidstone, and a
of Mourning and Sorrow
Item ad quod-Trial was had: But it was refolved to be an inſuffi-
libet Altare, &c. Velum quadragefimalc, Velum Nup-cient Trial, becauſe the Venire ought not to be of a
tiale, Palla Mortuorum, &c. Synod. Exon. Anno
pag. 9.
1217.
}
Benatia, Are thofe Beafts which are caught in
the Woods by hunting. Leg. Canut. c. 108. .
Menatio, In the Statute of Charta de Forefta figni-
fies Venison, in Fr. Venaiſon: It is called Venaifon, of
the Means whereby the Beafts are taken, quoniam
larger Precinct, than the Plaintiff himſelf had al-
ledged in his Declaration. Yelv. 104. And it will
be Error if the Venire be ſhort; as a Defendant in
Treſpaſs preſcribed for a Foot-way leading from
Hinton fo far as the Foor way of Horn-Caffle, &c.
Iſſue was taken upon this Preſcription, and the Ve-
nire facias awarded de Vicineto de Hinton only, when
2
it
VE
VE
1
-
&c. 2 Hawk. 253. The Venire facias ad Refpondendum
may be without a Day certain, becaufe by an Ap-
pearance. the Fault in this Process is cured; but a
Venire facias ad triand. exitum must be returnable on
a Day certain, c. 3. Salk. 371.
Wenire facias tot Matronas, Is mentioned in
Lambard's Eiren. lib. 4. See Ventr. infpiciendo."
Menitare, Is the Book of Ecclefiafticus; ſo called,
becaufe of the Venite Exultemus Domino, Jubilate Deos
. writ in the Hymn-Book or Pfalter as it is ap
pointed to be fung, &c. It often occurs in the
Hiftory of our English Synods; and is called Veni-
tarium. Mon. Ang. Tom. 3. pag. 332.
Menter, Signifies the Belly; but is alfo tifed for
the Children by a Woman of one Marriage: There
is in Law a first and fecond Venter, &c. where a Man
hath Children by feveral Wives; and how they ſhall
take in Difcents of Lands, vide Difcent.
►
it should have been of Hinton and Horn-Castle; and
the Judgment was reverfed. Moor 257, 412. So if
in Ejectment Lands are laid in 4. B. and C. and
tried for the Plaintiff by a Vifne out of 4. only;
this is infufficient. 5 Rep. 36, Though in Action of
Trefpafs, &c. for refcuing a Diftrefs for Rent,
fetting forth that the Plaintiff made a Leafe of
Lands to the Defendant lying in three feveral
Places; the Plaintiff having a Verdict, it was
moved in Arreſt of Judgment that the Trial was in-
fufficient, becauſe the Venire was from one Place,
when it ought to be from all three Places where the
Lands lie; but adjudged, that this Action being
brought against a wrong Doer, and not upon the
Leafe it felf, the Venue may be laid in that very
Place where the Wrong was done. Lutw. 213. One
Venire facias is fufficient to try feveral Iffues, be-
tween the fame Parties, and in the fame County.
2 Cro. 550. And where an Action was brought Wentre infpiciendo, Is a Writ to fearch a Wo-
against two, they both joined Iffue, and one died; man that faith fhe is with Child, and thereby with:
and after the Venive facias was awarded to try the holdeth Lands from the next Heir: The Trial
Iffue between both, which was done; and held to whereof is by a Fury of Women. Reg. Orig. 227. The
be no Error, though it iffued againſt a dead Perfon, Law hath provided this Writ for the Benefit of
becauſe one of the Defendants was living. Cro: Car. right Heirs, contra Partus fuppofititios; and it is fued
308. 3 Nelf. Abr. 444. If a Venive facias is return'd out of Chancery, and returnable in the Common
by the Coroner, for Defect of the Sheriff, &c. Pleas, &c. And if a Man having Lands in Fee-
when it ought to be returned by the Sheriff, the fimple, or Fee-tail, dieth, and his Wife foon after
Trial is wrong, and not remedied by any Statute of marries again, and feigns herſelf with Child by
Jeofails. 5 Rep. 36. In all Cafes, where there is to her former Husband; in this Cafe, though fhe be
be a special Jury, the Venive must be special: If the married, the Writ de Ventre infpiciendo doth lie for
Matter to be tried be within divers Places, in one the Heir against her. 2 Lill. Abr. 631. Thomas de
and the fame County, the Venire facias fhall be Aldham of Surry, Brother of Adam de Aldham, Anno
general; and if in feveral Counties, it fhall be fpe- 4 Hen. 3. claimed his Brother's Eftate; but Foan,
cial. 2 Lill. Abr. 635. If a Matter of Law be de- Widow of the faid Adam, pleaded fhe was with
pending in Court undetermined, and an Iffue alfo Child; whereupon the faid Thomas obtained the
joined in the Caufe, there is to be a ſpecial Venive Writ Ventre infpiciendo directed to the Sheriff.
awarded, tam ad Triandum Exitum, quam ad Inqui-Quod affumptis tecum difcretis & legalibus militibus
rendum de Dampnis, &c. as well to try the Iffue, as difcretis & legalibus mulieribus de Comitatu tuo in propria
to find the Damages both upon the Iffue and the Perfona accedas ad ipfam Joannam, & ipfam a pre-
Matter put in Judgment of the Court. Ibid. 636. dictis mulieribus coram præfatis militibus videri facias,
The Plaintiff's Attorney ought to give a Copy of diligenter tractari per ubera per Ventrem, In-
the Jury return'd upon a Venire facias to the Defen- quifitionem factam Certificari facias fub figillo tuo &
dant's Attorney, before the Trial; and it is to be figillo duorum militum Justiciariis noftris apud Weftm.
filed. Pafch. 24 Car. B. R. At a Trial at Nifi prius,c. And in Easter Term 29 Eliz. this Writ was
the Plaintiff changed the Venire facias, and Panels, fued out of the Chancery into C. B. at the Profe-
and had a Jury the Defendant knew not of; and cution of Percival Willoughby, who had married the
ruled, that the Defendant cannot be aided, if the Eldeft of the five Daughters of Sir Francis Willoughby,
firft Venue was not filed: And a Difference was who died without any Son, but left a Wife named
taken when the firft Venire was not filed, that he Dorothy, that at the Time of his Death pretended
cannot be aided, becauſe he may refort to the herfelf to be with Child by Sir Francis ; which if
Sheriff, and have a View of the Panel, to be pre-it were a Son, all the five Sifters would thereby
pared for his Challenges; but if the firft Venire was lofe the Inheritance defcended unto them; which
filed, then the Defendant fhall have a new Trial. Writ was directed to the Sheriffs of London, and
Raym. 19. A Venire facias after filed, cannot be they were commanded to caufe the faid Dorothy to
altered without Confent of Parties: Tho' where a be viewed by 12 Knights, and fearched by 12 Wo-
Verdict in a Caufe is imperfect, fo that Judgment men, in the Prefence of the 12 Knights, Et ad
cannot be given upon it, there fhall be a new Venire | tractandum per ubera & ad ventrem infpiciendum, whe-
facias to try the Caufe, and find a new Verdi&t. ther fhe were with Child, and to certify the ſame
2 Lill. 634, 635. And if a Plaintiff be nonfuit on a to the Court of Common Pleas; and if he were
Miftake in the Nifi prius Record, and the Paper- with Child, to certify for how long, in their Judg-
Book and Roll are right; the Nonfuit may be fet ments, Et quando fit paritura; upon which the She-
afide, and a Venire facias de novo awarded, and the riffs accordingly caufed her to be fearched, and
Iffue tried, c. Cro. Fac. 669. A Venire facias may returned that he was twenty Weeks gone with
be amended by the Iffue-Roll, when that is right, Child, and that within twenty Weeks more, fuit,
in fome Cafes. 3 Nelf. 446.
paritura: Thereupon another Writ iffued out of
C. B. requiring the Sheriffs fafely to keep her in
fuch a Houfe, and that the Doors fhould be well
guarded; and that every Day they fhould cause
her to be viewed by fome of the Women named in
the Writ, and when the fhould be delivered, that
fome of them fhould be with her to view her Birth,
whether it be Male or Female, to the Intent that
there fhould be no Fallity: And upon this Writ
the Sheriffs return'd, That they had caufed her
accordingly to be kept and view'd, and that fuch.
a Day fhe was delivered of a Daughter. Cro. Eliz.
566. In the 22d Year of K. James 1. the Widow
of one Duncomb married within a Week after the
9 M
Venire facias, Is alfo the common Procefs upon
any Prefentment, being in Nature of a Summons for
the Party to appear; and is a proper Procefs to be
first awarded on an Indictment for any Crime, |
under the Degree of Treafon, Felony, or Maihem,
except in fuch Cafes wherein other Procefs is di-
rected by Statute: And if it appears by the Re-
turn to fuch Venire, that the Party has Lands in the
County whereby he may be diftrained, the Diftrefs
infinite fhall be awarded till he do appear; and he
ſhall forfeit on every Default, fo much as the
Sheriff returns upon him in Iffues: But if a Nihil
be return'd, a Capias, Alias, and Pluvies, fhall iffue,
•
:
Death
A
VE
VE
*
:
-
Death of her first Husband, and his Coufin and as if a Defendant pleads Not guilty, or no Wrong,
Heir brought the Writ Ventre infpiciendo directed to then the Iffue is general, whether he be guilty, or
the Sheriff of L. who returned that he had caufed the Fact be a Wrong, or not; which being com-
her to be fearched by fuch Matrons who found her mitted to the Jury, they, upon Confideration of
with Child, Et quod paritura fuit within fuch a the Evidence, fay for the Plaintiff, that the De-
Time; and thereon it was prayed that the Sheriff fendant is guilty of a Wrong, or for the Defendant,
might take her into his Cuftody, and keep her till that it is no Wrong, &c. A Special Verdict is where
ſhe was delivered, but becaufe fhe ought to live they find the Matter at large, according to the
with her Husband, they would not take her from Evidence given, that fuch a Thing is done by the
him; but he was ordered to enter into a Recog- Defendant; and declaring the Courfe of the Fact,
nizance not to remove her from his Dwelling-houfe, as in their Opinions it is proved, pray the Judg-
and a Writ was awarded to the Sheriff to cauſe herment of the Court as to what the Law is in fuch a
to be inspected every Day, by Two of the Women Cafe. S. P. C. 1 Inft. 227. And a Fact may be
which he had returned had ſearched her, and that found Specially, viz. Where a Perſon is indicted of
Three of them fhould be prefent at her Delivery, Murder; the Jury may bring him in guilty of
&c. Cro. Fac. 685. These two laft Caſes are notable Manflaughter, c. Or they may leave the Matter
Precedents of the Form of Profecuting theſe Writs: to the Judges, in which Cafes fometimes it is re-
And where Women condemn'd for Crimes, who ferred to the Lord Chief Juftice of B. R. and all
plead their Bellies, pretending to be with Child, the Judges, to determine it; wherein 'tis faid a Re-
are to be viewed and tried by a Jury of Matrons, corder of London who tried a Prifoner hath given
fee Reprieve.
his Opinion; and the King him felf, to whom the
2 Nelf. Abr. 97.
Matter was reported. 3 Lev. 255.
There are likewife Publick and Privy Verdils: Pub-
lick, when given in open Court; and Privy,
given out of the Court, before any of the Judges
thereof; and is called Privy, being to be kept
fecret from the Parties 'till affirmed in Court.
Inft. 227. But a Privy Verdict is in Strinefs no
Verdict; for it is only a Favour which is allowed by
the Court to the Jury for their Eafe: The Jury
may vary from it, and when come into Court give
Menue, (Vicinetum, or Vifnetum) Is taken for a
neighbouring Place, Locus quem Vicini babitant:
It is the Place from whence a Jury are to come
for Trial of Cauſes. F. N. B. 115. In Actions of
Trefpafs and Ejectment, the Venue is to be from
the Vill or Hamlet, where the Lands in Question
do lie: And in all real Actions, the Venue must be
laid in that County where the Thing is for which
the Action is brought. 2 Lill. Abr. 634, 635. But
the Judges may, in all tranfitory Actions, alter the
Venue from the Place where by the Law it other-a
wife fhould be, if they believe through any juft
Cauſe there cannot be an indifferent Trial in the
County the Venue was firft laid in; though if a
Defendant will move to change the Venue, he muft
make Affidavit that the Caufe of Action (if any
be) did arife in the County where he would have
the Venue to be, or elſewhere, and not in the Coun-
ty where the Plaintiff hath laid his Action: And
if upon a Motion the Court orders the Venue to be
altered, the Plaintiff is to alter his Declaration,
and lay his Action in the other County, &c.
Mich. 22 Car. B. R. Motion to change a Venue muft
be within eight Days after the Declaration deli-
vered; but this Rule is not ftri&tly obferved: It is
never granted after the Rules for Pleading are
out; and 'tis a Rule not to change a Venue, where
neceffary Evidence arifes in two Counties to fup-
port the Action, if the Plaintiff will be bound to
give fome material Evidence in the County where
he laid his Action. 2 Salk. 668, 669. If the Defen-
dant is a Barrister or Attorney, on Motion the
Venue fhall be changed into Middlefex; and where
an Attorney is Plaintiff, and lays his Action in
Middlefex, there the Venue fhall continue. Ibid. The
Want of a Venue is only curable by fuch a Plea
which admits the Fact, for the Trial whereof it
was required to lay a Venue. 3 Salk. 381. Vide
Venire facias.
Werderoz, (Viridarius, from the Fr. Verdeur, i. e.
Cuftos Nemoris) Is an Officer in the King's Foreft,
whofe Office is properly to look to the Vert, and
fee it well maintained; and he is fworn to keep
the Affifes of the Foreft, and view, receive, and
inrol the Attachments and Prefentments of Tref-
paffes of Vert and Venifon, &c. Manwood, par. 1.
pag. 332.
Werdi, (Veredictum, quafi di&um Veritatis) Is the
Anſwer of a Jury given to the Court, concerning
the Matter of Fact in any Caufe committed to their
Trial; wherein every one of the Twelve Jurors
muft agree, or it cannot be a Verdict: And the
Jurors are to try the Fact, and the Judges to ad-
judge according to the Law that arifeth upon it.
1 Inft. 226. Verdicts are either General, or Special:
A General Verdict is that which is brought into the
Court in like general Terms to the General Iffue;
when
I
contrary Verdict; but this must be before the
Privy Verdict is recorded. 5 Mod. 351. I Inft. No
Privy Verdict can be given in criminal Matters,
which concern Life, as Felony, &c. but it must be
openly in Court; becauſe the Jury are commanded
to look upon the Prifoner, when they give their
Verdict, and fo the Prifoner is to be there prefent:
But in criminal Caufes, where the Defendant is not
to be perfonally prefent at the Time of the Verdict,
and in Informations, a Privy Verdict may
be given.
Raym. 193. I Ventr. 97. A Special Verdict may be
given in criminal, or civil Cafes; and where the
Court directs the Jury to find a Special Verdict in a
civil Caufe, one of the Counſel on each Side agree
upon Notes for it, and draw them up and fet their
Hands to them; and then they are to be delivered
to the Jury in convenient Time, or the Court will
take a General Verdict: If at the Prayer of the
Plaintiff or Defendant, a Special Verdict is ordered
to be found, the Party praying it is to profecute the
Special Verdict, that the Matter in Law may be de-
termined; and if either Party delay to join in
drawing it up, and pay his Part of the Charges,
or if the Counsel for the Defendant refufes to fub-
fcribe the Special Verdict, the Party defiring it fhall
draw it up and enter it Ex parte. 2 Lill. Abr. 645,
653. Where the Parties difagree, or the Special
Verdict is drawn contrary to the Notes agreed upon,
the Court on Motion will rectify it; and the Court
may amend a Special Verdict, to bring the Special
Matter in Queftion: Though if a Matter of Fact
be left out in the Notes of the Special Verdict drawn
by Counfel, this cannot be amended afterwards.
Ibid. 646. The Plaintiff and Defendant are both of
them to appear in Court to hear a Special Verdict,
and the Jury is to be called and to have the Spe-
cial Verdi& read unto them by the Secondary; and
upon the Reading of it, if there be any Mistake in
the Drawing it up, the Counfel on either Side may
except against it; and when the Counfel is agreed,
then the Secondary demands of the Jury, whether
they agree to find it fo; and if they answer they do,
the Verdict is found; and it is to be afterwards en-
tered, &c. Pafch. 23 Car. B. R. 2 Lill. 646. A Spe-
cial Verdict, though agreed to by the Counsel, &c.
is not a Special Verdict 'till allowed by the Court.
Ibid. In all Cafes and all Actions, the Jury may
I
give
VE
VE
1
give a General or Special Verdict; and the Court is 2 Hawk. P. C. 442. In Cafe a Jury acquits a Man
bound to receive it, if pertinent to the Point in upon Trial against full Evidence, and being ſent
Iffue; and if the Jury doubt, they may refer them- back to confider better of it, arc peremptory in and
felves to the Court, but are not bound fo to do. ftand to their Verdict, the Court must take it, but
3 Salk. 373. Though the Plaintiff and Defendant may refpite Judgment upon the Acquittal: And
in a Cauſe confent to have the Jury find a Special here the King may have an Attaint. And if the
Verdict, yet they may find a General Verdict; but Jury will by Verdict convi& a Perfon againſt or with-
this is not ufual: And if the Jury will take upon out Evidence, and against the Opinion of the Court;
them to find, against the Directions of the Court, they may reprieve him before Judgment, and cer
any Thing in Matter of Law, the Court will re-tify for his Pardon. 2 Hale's Hift. P. C. 310. When
ceive the Verdict; but if they give a falfe Verdict, a Verdict in a Civil Action is given againſt Evidence,
they are liable to Attaint. Pafch. 23 Car. The an- it fhall be fet afide, and a new Trial had, &c. If
cient Courſe of laying a Fine on Jurors, barely for the Fact upon which the Court was to judge, be not
giving a Verdict contrary to the Directions of the found by the Verdict, a new Venire facias may be
Court, is condemn'd as illegal, and difufed: And it granted. 1 Roll. Abr. 693. A Verdict being given
is the fame if the Verdict be given against Evidence; where no Iffue is joined, there can be no Judgment
for the Jury may give it against Evidence, if they upon it; but a Repleader is to be had. Mod. Ca. 4.
know the Fact themselves. Kel. 50, 58. If Jurors And if a Verdict be ambiguous, infufficient, repug
eat or drink any Thing at the Charge of him for nant, imperfect, or uncertain, Judgment fhall not
whom they give their Verdict, before they are agreed; pafs upon it. 1 Saund. 154, 155. Verdicts must in
or if by Cafting of Lots they find for the Plaintiff all Things directly answer the Iffue, or they will pot
or Defendant; if any Writing, Letter, &c. be deli- be good; and if a Verdict finds only Part of the Iffue,
vered by the Plaintiff, or in his Behalf to the Jury, it may be ill for the Whole. 3 Salk. 374. But there
concerning the Matter in Iffue, after the Jury are is a Difference between Actions founded on a Wrong,
gone from the Bar, and the Verdict is found for the and on a Contract; for where 'tis founded on a
Plaintiff; or if either of the Parties, their Attor- Wrong, as on a Treſpaſs, or Eſcape, &c. 'tis main-
nies or Solicitors, fpeak any Thing to the Jury be- tainable if any Part of it is found: So in Debt for
fore agreed on their Verdict, which relates to the Rent, a lefs Sum than demanded may be found by
Caufe; as that 'tis a clear Caufe, or I hope you the Verdict, becauſe it may be apportioned; but
will find for ſuch a Perfon; or if any Witneſs be where an Action is founded on a Contract, there
fent for by the Jury, after gone from the Bar, and 'tis intire, and otherwife. 2 Cro. 380. If ſeveral
he repeats his Evidence again, &c. In thefe Cafes Perfons are indicted, or jointly charged in an Infor-
the Verdict ſhall be void and fet afide: But though mation, a Verdict may find fome of the Defendants
where the Jury eat and drink at the Charge of the guilty, and not others. And if the Subftance of an
Plaintiff, and the Verdict being found for him, it is Iffue be found, or fo much as will ferve the Plain-
void; it is not fo if given for the Defendant: And tiff's Turn, although not directly according to the
if the Plaintiff, after the Jury are gone from the Iffue, the Verdict is good. 1 Lev. 142. Hob. 73.
Bar, deliver any Writing to any of the Jurors, al-1 Mod. 4. According to Glyn, Ch. Juft. if an Action
tho' the Verdict fhall be void if given for the Plain-be brought for 500l. the Jury may find Part paid
tiff; it is otherwife if given for the Defendant, and against the Plaintiff, and Part unpaid against the
fic è converfo, &c. Allo if the Jury have cat or Defendant, and fo divide the Verdict. Trin. 1658.
drank after they went from the Bar, and before 2 Lill. Abr. 649. If the Jury find the Iffue and more,
they gave their Verdict, this ought to be fhewed be- it is good for the Iffue, and void for the Refidue:
fore the Verdict is given. 1 Inft. 227. 1 Ventr. 125. And where a Jury find a Point in Iffue, and a ſu-
2 Lev. 140. Moor 17.
Moor 17.3 Nelf. Abr. 454. A Jury-perfluous Matter over and above, that ſhall not vi-
man withdrawing from his Fellows, or keeping them tiate the Verdict. 2 Lev. 253. Yet if a Man brings
from giving their Verdict, without giving good Rea- an Action of Debt, and declares for 201. and the
fon for it, fhall be fined; but if he differ from them Jury upon Nil debet pleaded, find that the Defen-
in Judgment, he fhall not: And although Jurymen dant owed 401. this Verdict is ill; for the Plaintiff
are punishable for Mifdemeanors, every Mifdemea- cannot recover more than he demands; and in this
nor of the Jury before they give their Verdict, is not Cafe he may not recover what he demands, becaufe
a fufficient Caufe to make void the Verdict. Dyer 53. the Court cannot fever their Judgment from the
2 Lill. Abr. 647. If one of a Jury that found a Verdict. 3 Salk. 376. A Plaintiff failing to prove his
Verdict, were outlawed at the Time of the Verdict, Iffue, the Verdict ought to be found for the Defen-
it is not good: And where a Verdict is given by dant; and the Court will give Judgment for the De-
thirteen Jurors, it is faid to be a void Verdict; be- fendant, where it appears that the Plaintiff hath re-
cauſe no Attaint will lie. 2 Lill. 644, 650. If covered by Verdi without Cauſe of Action.
2 Lill.
there be eleven Jurors agreed, and but one diffent- 644, 651. A Verdict found against a Record, which
ing, the Verdict fhall not be taken, nor the Refufer is of a higher Nature than any Verdict, is not good:
fined, &c. Though 'tis faid antiently it was not ne- But where a Verdict may be any Ways conftrued to
ceffary, that all twelve fhould agree in Civil Caufes. make it good, it fhall be fo taken, and not to make
2 Hale's Hift. P. C. 297. In capital Cafes, a Verdict it void. Ibid. Upon a General Iffue, a Verdict which
muſt be actually given; and if the Jury don't all is contrary to another Record, may be allowed;
agree upon it, they may be carried in Carts after but not where the Verdict found is against the fame
the Judges, round the Circuit till they agree; and Record upon which it is given. Dyer 300. A Verdict
in fuch Cafe they may give their Verdict in another against the Confeflion of the Party, is void: But it
County. Inft. 227, 281.
1
I Vent. 97. The Court has been held, that the Verdict may be good in the
may fet afide a Verdict that convicts a Man contrary Disjun&tive, though it be not formal; but if it find
to Evidence in a criminal Caufe; but they cannot a Thing merely out of the Iffue, 'tis not good. Fenk.
ſet aſide a Verdict which acquits him. Wood's Inft. 648. Cent. 257. Hob. 53. 54. And where the Jury begin
If the Jury acquit a Perfon of an Indi&ment of with a direct Verdict, and end with fpecial Matter,
Felony against Evidence, the Court, before the &c. that fhall make the Verdict: Alfo if they begin
Verdict is recorded, may order them to go out again with any Special Matter, and after make a general
and re-confider the Matter; but this hath been Conclufion upon it, contrary to Law; the Judges
thought hard, and of late Years is not fo frequently will judge of the Verdict, according to the Special
practifed as formerly: There are Inftances where Matter.
Ibid. 53.
No Verdict will make that good,
Defendants acquitted of Crimes contrary to Evi- which is not fo by Law, of which the Court is to
dence, have been bound to the good Behaviour. judge; Judgment is to be given on Verdicts, that
ftandi
દ
diffent-644,
VE
VE
1
growing within the Foreft that bear Fruit to feed
Deer; called Special, because the Deftroying it is
more grievously punished than of any other Vert.
Manw. par. 2. pag. 33. And Vert is fometimes taken
for that Power which a Man hath by the King's
Grant to cut green Wood in the Foreft.
Mervile, A Kind of Cloth, mentioned in the Sta-
tute 1 R. 3. c. 8. See Plonkets. :
tand with Law; and what both Parties have agreed
in the Pleading, must be admitted fo to be, though
the Jury find it otherwife, it being a Rule in Law.
Hob. 112.
2 Cro. 678. 2 Mod. 4. The Statute of
Jeofails helps after Verdict; as it fuppofes the Mat-
ter left out was given in Evidence, and that the
Judge directed accordingly. I Med. 292. If there
be no original Writ, it is help'd by a Verdict by the
Statute of Jeofails; but not if there be a bad Writ: Wery Lozd and very Tenant, (Verus Dominus,
A Declaration that is not good, is in many Cafes & Verus Tenens) Are they that are immediate Lord
help'd after Verdict; but not where the Declaration and Tenant one to another. Broke. In the Taking
doth not make it appear that the Plaintiff had fome of Leafes there is to be a very Lord and very Tenant;
Cauſe of Action, to warrant his Declaration, &c. and a Man is not a very Tenant, until he hath at-
A Verdict may make an ill Plea good, by Intend-torned to the Lord by fome Service, &c. Old Nat.
ment, &c. But a Verdict will not help, where there Br. 19 H. 7. c. 15.
is no Iffue: And what is good after Verdict, would Weffels, for Beer, Ale, and Sope, c. their Con-
be ill on Demurrer; alfo in criminal Cafes, Real tents and how to be made. 23 H. 8. See Coopers.
Actions, or Actions Qui tam, if there be any Er- Wefted, If an Effare in Remainder is limited to a
rors in the Proceedings, they are not help'd after Child before born, when a Child is born the Eftate
Verdict, by the Stat. of Jeofails. 2 Lill. Abr. 644, in Remainder is vefted, &c. 2 Leon. 219.
647. 2 Bulft. 41. 2 Salk. 664. 3 Mod. 161. Where Weftry, A Place adjoining to a Church, where
a Verdict is found for the Plaintiff, and he will not the Veftments of the Minifter are kept; alfo a
enter it, the Defendant may compel him to do it, Meeting at fuch Place: And fometimes the Bishop
on Motion; or the Defendant may enter it himself. and Priefts fat together in Veftries, to confult of
2 Lill. After a Verdict is returned in Court, it can- the Affairs of the Church; in Refemblance of
not be altered, but if there be any Mifprifion, it which antient Custom, the Minifter, Churchwardens.
is to be fuggefted before: And a Miftake of the and Chief Men of moft Parishes, do at this Day
Clerk of the Affifes appearing to the Court, was make a Parish Veftry. By Cuftom there may be fe
ordered to be amended. Cro. Eliz. 112, 150. On Re-let Veftries, or a certain Number of Perfons choſen
turn of Verdicts, in Civil Cauſes, given at the Affifes, to have the Government of the Pariſh, make Rates,
to the Courts at Westminster, Judgment is had there-
on; and generally if the Judgment differ from the
Verdict, it may be reverfed, &c. See Ifue and
Fudgment.
Werecundium, Is fpecially used for Injury done
to any one. Somner of Gavelkind, pag. 174.
Merge, (Virgata) The Compafs of the King's
Court, which bounds the Jurifdi&tion of the Lord
Steward of the Houfbold; and that feems to have
been twelve Miles about. Stat. 13 R. 2. cap. 3. Bri-
ton 68. F. N. B. 24. There is allo a Verge of Land;
which is an uncertain Quantity directed by the
Cuftom of the Country, from fifteen to 30 Acres,
as appears under Yard Land. 28 Ed. 1. And the Word
Verge hath another Signification, of a Stick or Rod,
whereby one is admitted Tenant to a Copy hold
Eftate. Old Nat. 'Br. 17.
Mergers, (Virgatores) Are fuch as carry White
Wands before the Judges, &c. Fleta, lib. 2. cap. 38.
Weronica, A Word mentioned by our Hiftorians,
having its Original from this, That as our Saviour
was led towards the Crofs, the Likeneſs of his Face
was formed on his Handkerchief in a miraculous
Manner, which is ftill preferved in St. Peter'sChurch
at Rome, and called Veronica. Mat. Parif. Anno 1216.
pag. 514. Bromp. 121.
:
and take the Accounts of Church-wardens, &c.
And when Rates are made, the Parishioners muſt
have Notice of a Veftry held for that Purpofe;
and then all that are abfent fhall be concluded by
a Majority of thofe that be prefent, who in Con-
ftru&tion of Law are the whole Parish. Wood's Inft.
90. And if a Parishioner be fhut out of the Very
Room by the Clerk of the Veftry; and he makes it
appcar that he hath a Right to come into the
Room, and to be prefent and vote in the Veftry,
&c. A&tion of the Cafe lies, as a Remedy. Mod. Ca.
in L. & E. 52, 354. Veftry-men in London are a fe-
le&t Number of the chief Parishioners in every Pa-
rifh within the City and Suburbs, who yearly chufe
Officers for the Parish, and take Care of its Con-
cernments, &c. by Statute 15 Car. 2. c. 5. On erect-
ing Parishes for the new Churches to be built in
or near London and Westminster, the Commiffioners
for building the Churches are impowered to name
a fufficient Number of the Inhabitants of each new
Parish to be Veftry men; and on their Deaths or Re-
moval, the Majority of the Parishioners to chufe
others, &c. And the Parish-Officers, with the Vestry
or principal Inhabitants of the new Parishes, are
in Easter Week to affefs the Rates for the Poor,
9 Ann. c. 22. Veftries of Parishes are to be confult-
ed by Parish Officers, and to give their Affent on
hiring of Houſes for the better Employing and
Maintaining of the Poor. 9 Geo 1.
c.
Weftura, A Crop of Grafs or Corn; and Men-
tion is made of Prima Veftura, and Secunda Veftura,
&c. Cartular. Abb. St. Edmund. MS. fol. 182.
ert, (Fr. Verd, i. e. Viridis, otherwife called
Green-bue) In the Foreft Laws fignifics every Thing
that beareth a Green Leaf within a Foreft, that may
cover a Deer; but especially great and thick Co-
verts. Of Vert there are divers Kinds; fome that
bear Fruit, which may ferve for Food, as Chef-
nut-trees, Service-Trces, Nut-Trees, Crab-Trees, Welture, (Vestura) Signifies a Garment; but in
c. And for the Shelter of the Game, fome called the Law it is metaphorically applied to a Poffeffion
Haut-boys, ferving both for Food and Browze; al- or Seifin. Stat. Weftm. 2. cap. 5. And in this Sig-
fo for the Defence of them, as Oaks, Beeches, &c.nification it is borrowed of the Feudifts, with whom
and for Shelter and Defence, fuch as Aſhes, Pop- Inveftitura imports a Delivery of Poffeffion, and
lars, Maples, Alder, &c. Of Sub-boys, fome for Veftura Poffeffion itſelf. Hotom. Vefture of an Acre
Browze and Food of the Game; of Buſhes and of Land is the Profit of it; and it fhall be inquired
other Vegetables, fome are for Food and Shelter, how much the Vefture of an Acre of Ground is
as the Haw-thorn, Black-thorn, &c. And fome for worth, and how much the Land, &c. 4 Ed. 1. 14
Hiding and Shelter, fuch as Brakes, Gorfe, Heath, Ed. 3. By Grant of Vestura terra, the Soil will pafs;
c. But Herbs and Weeds, although they be and the Vefture being the Profit of Land, 'tis gene-
Green, our legal Vert extendeth not to them. 4Inft. rally all one to have that, as the Land itſelf. i Vent.
327. Manwood divides Vert into Overt vert and Ne- 393. 2 Roll Abr. 2.
ther-vert; the Overt-vert is that which the Law-Books
terin Haut-boys; and Nether-vert, what they call
Sub-boys: And into Special Vert, which is all Trees
I
I
Wetitum namium, Is where the Bailiff of a Lord
diftrains Beafts or Goods of another, and the Lord
forbids his Bailiff to deliver them when the Sheriff
comes
}
VI
VI
•
,
Uffingi, The Kings of the Eaft-Angles were fo
termed from King Uffa, who lived in the Year 578.
Matt. Weftm.
ways favour'd in Law, the Vicars for the most part
having the Cure of Souls. 2 Roll. 335. Comp. In-
cumb. 347. March Rep. 11.
comes to make Replevin: The Word Namium
fignifying a Taking or Diftrefs, and Vetitum for-
bidden; and the Owner of the Cattle may demand
Satisfaction for the Injury, which is called Placitum Micarage, (Vicaria) Of Places did originally be-
de vetito Namio. Divers Lords of Hundreds and Courts-long to the Parfonage or Rectory, being derived
Baron, had Power to hold Plea de vetito Namio: out of it: The Rector of common Right is Patron
Matilda de Morton clamat in Manerio de M. duos of the Vicarage; but it may be fettled otherwife;
Law-Days, &c. Placito de Namio vetito, fine Brevi for if he makes a Leafe of his Parfonage, the Pa-
Domini Regis, &c. 2 Inft. 140. Record. in The-tronage of the Vicarage paffes as incident to it.
faur. Scacc'. See Naam.
2 Roll. Abr. 59. And if a Vicarage become void, du-
ring the Vacancy of the Parfonage, the Patron of
the Parfonage fhall prefent to fuch Vicarage. 19 Ed.
2. 41. If the Profits of the Parfonage or Vicarage
fall into Decay, that either of them by itself is
not fufficient to maintain a Parfon and Vicar, they
ought again to be re-united: Alfo if the Vicarage
be not fufficient to maintain a Vicar, the Biſhop may
compel the Rector to augment the Vicarage. 2 Roll.
337. Parf. Counfell. 195, 196. Stat. 29 Car. 2. c. 8.
Upon the Appropriation of a Church, and Endow-
ment of a Vicar out of the fame, the Parfonage and
Vicarage are two diftin&t Ecclefiaftical Benefices:
And it hath been held, That where there is a Par-
fonage and Vicarage endowed, that the Bishop in
the Vacation may diffolve the Vicarage; but if the
Parfonage be impropriated, he cannot do it; for on
a Diffolution the Cure muft revert, which it cannot
into Lay Hands. Comp. Incumb. 2 Cro. 518. Palm.
219.
219. For the most part Vicarages were endow'd up-
on Appropriations; but fometimes Vicarages have
been endowed without any Appropriation of the
Parfonage; and there are feveral Churches, where
the Tithes are wholly impropriated, and no Vicarage
endowed; and there the Impropriators are bound to
maintain Curates to perform Divine Service, &c.
Vicarage, and endow it: And in Time of Vacancy
of the Church, the Patron and Ordinary may do it;
but the Ordinary alone cannot create a Vicarage,
without the Patron's Affent. 17 Ed. 3. 51. Cro. Fac.
516. Where there is a Vicarage and Parfonage, and
both are vacant, and in one Perfon's Patronage;
if he prefents his Clerk as Parfon, who is thereupon
inducted, this fhall unite the Parfonage and Vica-
rage again. 11 H. 6. 32. Vicarage or not, is to
be tried in the Spiritual Court, becauſe it could
not begin to be created but by the Ordinary.
3 Salk. 378.
Uia Regia, Is the Highway or common Road,
called the King's Way, becaufe authorifed by him,
and under his Protection: It is alfo denominated
Via Militaris. Leg. Hen. 1. c. 80. Bra&t. lib. 4.
Mícar, (Vicarius, quafi vice fungens Rectoris) The
Priest of every Parish is called Rector, unless the
Predial Tithes are appropriated, and then he is
ftiled Vicar; and when Rectories are apropriated,
Vicars are to fupply the Rectors Places. At firft a
Vicar was a meer Curate to the Impropriator of the
Church, temporary, and removable at Pleafure;
as thoſe who are now Parish-Priefts, in antient
Times when there were no particular Parishes,
were only Curates to the Bifhops; but by Degrees
the Vicars got a fettled Maintenance of Glebe,
and fome Kind of Tithes, and now claim their
Dues either by Endowment or by Prefcription:
And where the Vicar is endowed, and comes in by
Inftitution and Induction, he hath Curam Animarum
actualiter, and is not to be removed at the Pleafure
of the Rector, who in this Cafe hath only Curam
animarum habitualiter; but where the Vicar is not
endowed, nor comes in by Inftitution and Induc-The Parfon, Patron and Ordinary, may create a
tion, the Rector hath Curam animarum actualiter,
and may remove the Vicar. 1 Vent. 15. 3 Salk. 378.
In every Church appropiated, one is to be ordain-
ed perpetual Vicar, and to be canonically inftituted
and inducted, and alfo endowed at the Difcretion
of the Ordinary; which Endowment is a Part of
the Rectory, fet out by the Patron, Parfon, and
Ordinary, for Maintaining the Vicar: The Infti-
tution and Indu&tion, &c. of Vicars is done in the
fame Manner as that of Rectors; and over and a-
bove they are to take an Oath of perpetual Refi-
dency, but this the Bishop may difpenfe with; the
Statutes concerning Pluralities, Dilapidations, &c.
relate to them as well as to Parfons. 4 H. 4. 2 Roll.
Abr. 337. Upon Endowment, the Vicar hath an
Equal, though not fo great an Intereft in the
Church as a Rector; the Freehold of the Church,
Church-yard and Glebe is in him; and as he hath
the Freehold of the Glebe, he may preferibe to
have all the Tithes in the Parish, except thofe of
Corn, &c. Many Vicars have a good Part of the
great Tithes; and fome Benefices, that were for
merly fevered by Impropriation, have, by being
united, had all the Glebe and Tithes given to the
Vicar: But Tithes can no other Way belong to the
Vicar than by Gift, Compofition or Preſcription
for all Tithes de jure appertain to the Parfon; and
yet generally Vicars are endowed with Glebe and
Tithes, especially fmall Tithes, &c. If a Vicar be
endowed of ſmall Tithes by Preſcription, and after-
wards Land, which had been arable Time out of
Mind, is altered, and there are growing fmall
Tithes thereon, the Vicar fhall have them; for his
Endowment goes to fuch Tithes, in any Place with-
in the Pariſh. Cro. Eliz. 467. Hob. 39. But where
the Vicar is endow'd out of the Parfonage, he fhall
not have Tithes of the Parfon's Glebe, or of Land
that was Part thereof at the Time of the Endow-furer in the Reign of H. 7. See Under-Treasurer of
ment, but now fevered from it: Yet it feems to be England.
;
|
Micario deliberando occafione cujusdam Be-
cognitionis, &c. Is an antient Writ that lies for a
Spiritual Perfon imprifon'd, upon Forfeiture of a
Recognizance, & mentioned in Reg. Orig. 147.
Wice-Pomiral, An under Admiral at Sea; or
Admiral on the Coafts, &c.
Wice-Chamberlain, A great Officer next under
the Lord Chamberlain: And in his Abfence hath the
Rule and Controul of all Officers appertaining to
that Part of his Majefty's Houfhold, which is call-
ed the Chamber above Stairs. 13 R. 2. c. I.
Wice-Conftable of England, An Officer whofe
Office is fet forth in Pat. 22 Ed. 4.
Vice-Dominus, The fame with Vicecomes
Vice-Dominus Dictus eft Præfectus Provincie. Leg.
Hen. c. 7. Selden's Tir. Hon. par. 2. Ingulphus.
Mice-Dominus Epifcopi, Is the Vicar General,
or Commiffary of a Bishop. Blount.
Mice-gerent, A Deputy or Lieutenant. Stat. 31
Hen. 8. c. 10.
Wice-Marchal, Is mentioned with Vice-Conftable.
Pryn's Animad. on 4 Inft. 71.
Mice-Roy, (Pro-Rex) The King's Lord Lieute-
nant over a Kingdom. Litt.
Wice-Treasurer, An Officer under the Lord Trea-
otherwiſe, if the Glebe Lands are in the Hands of Micinage, (Fr. Voifinage, Vicinetum) Neighbour-
the Parfon's Leffee. Cro. Eliz. 479. Maller. Q. Im-hood, or near Dwelling. Magn. Chart. c. 14. See
ped. 4. The Endowment of Vicarages hath been al- Vifne.
9 N
Wicis
VI
VI
α
Wicis & Wenellis mundandis, Is a Writ which
lieth against a Mayor or Bailiff of a Town, &c.
for the clean Keeping of their Streets. Reg. Orig.
a
2670
icount, Signifies as much as Sheriff; alfo
Degree of Nobility. Camd. Britain. 170. See
Viscount.
Micountiel, or icontiel, Is an Adjective from
Vicount, fignifieth any Thing that belongeth to the
Sheriff as Writs Vicontiel are fuch Writs as are
triable in the County or Sheriff's Court, of which
Kinds there are divers Writs of Nufance, &c. men-
tioned by Fitzherbert. Old Nat. Br. 109. F. N. B.
184. Vicontiels are certain Farms, for which the
Sheriff pays a Rent to the King, and he makes
what Profit he can of them: And Vicontiel Rents
ufually come under the Title of Firma Comitatus;
and the Sheriff hath a particular Roll of them
given in to him, which he delivers back with his
Accounts. 33 34 H. 8. c. 16. 3 Ed. 6. c. 4. 22
Car. 2. c. 6.
כי
Wi è Armíš, Are Words used in Indictments,
&c. to exprefs the Charge of a forcible and vio-
lent Committing any Crime or Trefpafs: But in
Appeal of Death, on a Killing with a Weapon, the
Words Vi & Armis are not neceffary, becauſe they
are implied; fo in an Indictment of Forcible En-
trý, alledged to have been made Manu forti, &c.
2 Hawk. P. C. 179. 1 Hawk. 150, 220. And where
the Omiffion of vi & Armis, &c. is help'd in In-
dictments, vide the Stat. 4 & 5 Ann.
Wiew, (Fr. Veue, i. c. Vifus) Is generally where
a Real Action is brought, and the Tenant doth not
know certainly what is in Demand; in fuch Cafe
he may pray that the Jury may view it. Briton, cap.
45. F. N. B. 178. This View is for a Jury to fee
the Land or Thing claim'd, and in Controvertly;
and lies in Ejectment, Wafte, Affifes of Novel Dif-
feifin, where at leaſt Six of the Recognitors must have
the View before the Affifes. 2 Lill. Abr. 655. Stat.
And though formerly
13 Ed. 1. c. 48. 12 Ed. 2.
there could not have been a View in a Perfonal Ac-
Micountiel Jurisdiction, Is that Jurifdiction tion, but upon withdrawing of a Juror after they
which belongs to the Officers of a County; as to were fworn, and Confent of the Parties by a Rule
of Court; now by the Act for the Amendment of the
Sheriffs, Coroners, Efcheators, &c.
Miduals, (Vidus) Suftenance, and Things ne-Law, it may be granted in any Action brought in
ceffary to live by, as Meat and Provifions; Victual the Courts at Westminster, where neceffary the bet-
lers, are thofe that fell Victuals; and we call now all ter to underftand the Evidence upon the Trial; in
common Alehouſe-keepers by the Name of Victu which Cafe the Courts may order fpecial Writs of
allers. Victuallers fhall fell their Viduals at reaſonable Diftringas or Habeas Corpora to the Sheriff, requiring
Prices, or forfeit double Value: And Victuallers, him to have fix of the Jurors, or a greater Num-
Fishmongers, Poulterers, c. coming with their ber of them, at the Place in Quetion, fome con-
Victuals to London, fhall be under the Governance venient Time before the Trial; who ſhall have the
of the Lord Mayor and Aldermen; and fell their Matters fhewn to them by two Perfons named in
Vituals at Prices appointed by Juftices, &c. 23 & the Writ of Diftringas, and appointed by the Court;
31 Ed. 3. c. 6. 7 R. 2.
6. 7 R. 2. 13 R. 2. No Perfon du- and the faid Sheriff executing the Writ is fpecially
ring the Time that he is a Mayor, or in Office in to return the View made accordingly, &c. 4 & 5
any Town, fhall fell Viduals, on Pain of Forfeiture, Ann. cap. 16. Upon a View, the Thing in Queftion
&c. But if a Victualler be chofen Mayor, whereby is only to be fhewn to the Jury; and no Evidence
he is to keep the Affife by Statute, two difcreet can be given on either Šide. 2 Lill. 656. But
Perfons of the fame Place who are not Victuallers, where in Action of Waſte, feveral Places are af
are to be sworn to affife Bread, Wine, and Victuals, figned, and the Jury hath not the View of ſome of
during the Time that he is in Office; and then, them, they may find no Wafte done in that Part
after the Price affeffed by fuch Perfons, it fhall be which they did not view: In Waſte for wafting a
lawful for the Mayor to fell Victuals, &c. 6 R. 2. Wood, if the Jury view the Wood without entering
c. 9. 3 H. S. c. 8. If any one offend against thefe into it, it is good; alfo Waſte being affigned in eve-
Statutes, the Party grieved may fue a Writ direct-ry Room of an Houfe, the View of the Houfe ge-
ed to the Juftices of Affife, commanding them to nerally is fufficient. 1 Leon. 259, 267. If a Rent
fend for the Parties, and to do Right; or an At-or Common is demanded, the Land out of which it
tachment may be had against the Mayor, Officer,
c. to appear in B. R. Selling of corrupt Victuals,
or expofing them to Sale, is punishable by Statute
1 R. 3. c. 1. And in fome Manors they chufe year-
ly two Surveyors of Victuals, to fee that no unwhol-
fome Victuals be fold, and deſtroy fuch as are cor-
rupt. I Mod. 202. If any Victuallers, Butchers,
Brewers, Poulterers, Cooks, c. confpire and agree
together not to fell their Victuals but at fuch Prices;
they fhall forfeit for the first Offence 10l. for the
fecond 201. and for the third 401. Stat. 2 & 3 Ed. 6.
c. 15. The Rates of Victuals in all Places, except
Corporations, fhall be affeffed by the King's Jufti-
ces, c. And Viduals is not to be tranfported, by
25 Hen. 8. c. 2. See Forestallers.
Widame, Was the fame as Vice-Dominus, the Bi-
fhop's Deputy in Temporal Matters.
iffues muſt be put in View. 1 Leon. 56. And if a
View be denied, where it ought to be granted; or
granted, where it ought not to be, &c. it is Error.
2 Lev. 217. See Vejours, or Viewers, Affife, &c.
Wiew of Frank-pledge, (Viſus Franci plegii) Signi-
fies the Office which the Sheriff in his County-Court
performs in looking to the King's Peace, and ſeeing
that every Man be in fome Pledge, &c. Or it is a
Power of Holding a Court-Leet, in which Court for-
merly all Perfons at the Age of Fourteen were
bound with Sureties or Pledges for their Truth to the
King, and the Steward was to certify on View.
And there is a Writ to exempt a Per-
Bract. lib. 2. And there
fon from coming to the View of Frank-pledge, who
is not refident within the Hundred; as Men are
bound to this View by Reafon of their Habitation
only, and not of Lands held where they dwell
not: Which Writ is called Vifus Franci plegii. Reg.
Orig. 175. See Frank-pledge.
Midelicet. A Videlicet in a Deed may make a
Separation, as well as an Habendum: And if there
be a feveral Habend. of an Annuity of 20l. to one, Hígíl, (Vigilia) Is the Eve, or next Day before
and fo to four others; it will be to the fame Ef-any folemn Feaft; becauſe then Chriftians were
fect, tho' it ſays Habendum 100l. to them, to be wont to watch, faft, and pray in their Churches.
equally divided, (viz.) 20 l. to one, and fo to the reft, Stat. 2 & 3 Ed. 6. c. 19.
&c. 5 Mod. Rep. 29.
Mi Laica Removenda, A Writ that lies where
Miduitatis Profeffio. The Making a folemn Pro- two Parfons contend for a Church, and one of
feffion to live a fole and chafte Widow; which was them enters into it with a great Number of Lay-
heretofore a Cuſtom in England. Dugd. Warwickh.men, and holds out the other Vi & Armis; then
he that is holden out fhall have this Writ directed
pag. 313, 654.
idimus, Mentioned in the 15 Hen. 6. cap. 3. to the Sheriff, that he remove the Force: But the
Sce Innotefcimus.
Sheriff ought not to remove the Incumbent our of
the
3
:
1
VI
་
the Church, whether he is there by Right or
Wrong, but only the Force. FN. B. 54. 3 Inft.
161. and fee 5 R. 2. c. 2. And the Writ Vi Laica
removenda ought not to be granted, until the Bishop
of the Dioceſe where fuch Church is, hath certi-
fied into the Chancery fuch Refifting and Force,
c. Though it is faid in the New Natura Brevium,
it lieth upon a Surmife made by the Incumbent, or
by him that is grieved, without any fuch Certifi
cate of the Bishop. New Nat. Br. 121. A Reftitu-
tion was awarded to one who was put out of Pof
feffion by the Sheriff upon a Vi laica amovenda.
Cro. Eliz. 466. 5 Mod. 443.
·
Mill, or Millage, (Villa) Is fometimes taken for
a Manor, and fometimes for a Parish, or Part of
it: But a Vill is most commonly the Out-part of a
Parish, confifting of a few Houfes, as it were fepa-
rate from it.-
Villa eft ex pluribus Manfionibus
vicinata, collata ex pluribus Vicinis. 1 Inft. 115.
Fleta mentions the Difference between a Manfion,
a Village, and a Manor, viz. a Manfion may be of
One or more Houses, but it must be but one Dwel-
ling-place, and none near it; for if other Houles
are contiguous, it is a Village; and a Manor may
confiſt of feveral Villages, or of one alone. Flet. lib.
6. cap. 51. And according to Fortescue, the Bound-
aries of Villages, are not by Houfes or Streets;
but by a Circuit of Ground, within which there
may be Hamlets, Woods, and Wafte-Ground, &c.
Fortefc. in Laud. Leg. Ang. cap. 24. When a Place
is named generally, in legal Proceedings, it is in-
tended to be a Vill, becauſe as to civil Purpoſes the
Kingdom was firſt divided into Vills; and it is ne-
ver intended a Parish, that being an Ecclefiaftical
Divifion of the Kingdom to Spiritual Purpoſes, tho'
in many Cafes the Law takes Notice of Parishes as
to Civil Purpoſes. 1 Mod. 250. 3 Nell. Abr. 57. If
no Vill, &c. is alledged, where a Meffuage and
Lands lic, no Trial can be had concerning it: But
fome Counties in the North of England, and in
Wales, have no Vills but Parishes; where in both
Real and Perfonal Actions, a Jury of the Pariſh
will ferve. Fenk. Cent. 328, 33. A Vill and a Parish
by Intendment fhall be all onc; and in Procefs of
Appeal, a Parifh may be intended a Vill. Cro. Fac.
263. 3 Salk. 380. If a Venue be laid in Gray's Inn,
which is no Parifh or Vill; the Defendant muft
plead there is no fuch Vill as Gray's Inn, or it fhall
be intended a Vill after Verdi&t, &c. 3 Salk. 381.
See Parish, and Venive facias.
J
Willa Begia, A Title given to thofe Country
Villages, where the Kings of England had a Royal
Scat, and held the Manor in their own Demefne,
having there commonly a free Chapel, not fubject
to Ecclefiaftical Jurifdi&tion. Paroch. Antiq. 53.
Millain, (Villanus, Fr. Vilain, i. e. Vilis) Signifies
a Man of fervile or bafe Condition, a Bondman,
or Servant. Of thofe Bondmen or Villains there
•
were two Sorts in England; one termed a Villain in
grofs, who was immediately bound to the Perfon of
the Lord, and his Heirs: The other, a Villain re-
gardant to a Manor, being bound to his Lord as a
Member belonging and annexed to a Manor, where-
of the Lord was Owner. And he was properly a
pure Villain, of whom the Lord took Redemption to
marry his Daughter, and to make him free; and
whom the Lord might put out of his Lands and Te-
nements, Goods and Chattels at his Will, and cha-
ſtiſe, but not maim him: For if he maimed his
Villain, he might have Appeal of Maihem againft
the Lord; as he could bring Appeal of the Death
of an Ancestor against his Lord, or Appeal of
Rape done to his Wife. Bract. lib. 1. cap. 6. Old
Nat. Br. S. Terms de Ley 574, 575. Some were Vil-
lains by Title or Preſcription, that is to fay, that
all their Blood have been Villains regardant to the
Manor of the Lord Time out of Mind: And fome
were made Villains by their Confeffion in a Court of
VI
Record, &c. Though the Lord might make a
Manumiffion to his Villain, and thereby infranchiſe
him: And if the Villain brought any Action agains
his Lord, other than an Appeal of Maihem, &c.
And the Lord, without Proteftation, made Anſwer
to it, by this the Villain was made free. Terms de
Ley 576. Villain Eftate was contradiftinguished to
free Eftate, by the Statute 8 H. 6. c. 11. And the
Villani were fuch as dwelt in Villages, and of that
fervile Condition, that they were ufually fold with
the Farm to which they refpe&ively belonged; fo
that they were a Kind of Slaves, and uſed as fuch
And Villenage or Bondage, it is faid, had Beginning
among the Hebrews, and its Original of Canaan
the Son of Cham, who becauſe he had mocked his
Father Noe to Scorn, was punished in his Son Ca-
naan with Penalty of Bondage. Ibid. 455. Villenage
cometh of Villain, and was a bafe Tenure of Lands
or Tenements, whereby the Tenant was bound to
do all fuch Services as the Lord commanded, or
were fit for a Villain to perform : The Divifion of
Villenage, by Bracton, was into Purum Villenagium
à quo præftatur Servitium incertum & indeterminatum,
Villenagium Socagium; which was to carry the
Lord's Dung into his Fields, to plough his Ground
at certain Days, fow and reap his Corn, &c. and
even to empty his Jakes, as the Inhabitants of fſome
Places were bound to do, though afterwards turn'd
into a Rent, and that villanous Service excufed.
Every one that held in Villenage, was not ». Villain
or Bondman; for Tenure in Villenage could make
no Freeman Villain, unleſs it were continued Time
out of Mind; nor could free Land make a Villain
free. Bract. lib. 2. c. 8. Copybold Tenures feem to
be fprung from Villenage. F. N. B. 28. And the
Slavery of this Cuftom hath been long ago taken
off; for we have hardly heard of any Cafe in Vil-
lenage fince Crouche's Cafe in Dyer's Rep. There are
not properly any Villains now; and the Title and
Tenure of Villenage are abolish'd by the Stat. of
Car. 2.
See Neif.
Willanous Judgment, (Villanum Fudicium) Is that
which cafts the Reproach of Villany and Shame upon
him againſt whom it is given, as a Confpirator, c.
And the Judgment in fuch a Cafe fhall be like the
ancient Judgment in Attaint, viz. That the Offen-
der fhall not be of any Credit afterwards; nor
fhall it be lawful for him to approach the King's
Court; and his Lands and Goods fhall be feized
into the King's Hands, his Trees rooted up, and
Body imprifoned, &c. Staundf. P. C. 157. Lamb.
Eiren. 63. Stat. 4 H. 5. And the Punishment at this
Day appointed for Perjury, may partake of the
Name of Villanous Judgment; as it hath fomewhat
more in it than corporal, or pecuniary Pain, i, e.
the difcrediting the Teftimony of the Offender for
ever.
Willein Fleeces, Are bad Fleeces of Wool, fhorn
from feabbed Sheep. 31 Edw. 3. cap. 8.
Willenage, (Villenagium) The Tenure of. See
Villain.
Winagium, (Tributum à Vino) A Payment of a
certain Quantity of Wine in lieu of Rent, to the
Chief Lord of a Vineyard. Mon. Ang. Tom. 2.
pag. 980.
ineyards, The Owners of Vineyards may make
Wine of British Grapes only growing there, free
from any Duty. Stat. 10 Geo. 2.
Winner, A Flower or Border which Printers ufe
to ornament printed Leaves of Books; mentioned
in the Statute 14 Car. 2. cap. 33.
Wintners. The Vintners Company of London were
incorporated Anno 7 Fac. 1. with certain Privileges
for felling Wine in the City, by all Freemen within
the fame, c. 2 Keb. 372. See Wine.
Aiolence, (Violentia) All Violence is unlawful: If
a Man affault another with an Intention of beating
him only, and he dieth, it is Felony. And where
a Per-
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a Perfon knocks another in the Head who is break-
ing his Hedges, &c. this will be Murder, because
it is a violent A&t beyond the Provocation. Kel. Rep.
64, 131. There is a Violence in committing Riots, &c.
Mirgata terræ, A Yard-Land, ex 24 Acris conftat,
quatuor Virgate Hidam faciunt, & quinque Hida feo-
dum Militis. Kennet's Gloff.
Wiridario eligendo, Is a Writ that lies for the
Choice of a Verderor in the Foreft. Reg. Orig. 177.
Viridis Roba, A Coat of many Colours; for in
the old Books Viridis is ufed for Varius. Bra&t. lib. 3.
Mirilia, The Privy Members of a Man; to cut
off which was Felony by the Common Law, though
the Party confented to it. Bract. lib. 3. pag. 144.
is, (Lat.) Is any Kind of Force, Violence, or
Difturbance relating to a Man's Perfon, or his Goods,
Right in Lands, &c. See Force.
Wifcount, (Vicecomes) A Degree of Nobility next
to an Earl; which Camden fays is an old Name of
Office, but a new one of Dignity, being never heard
of among us till the Reign of King Hen. 6th, who
in his eighteenth Year in Parliament created John
Lord Beaumont, Viscount Beaumont. Camb. Britan.
170. Selden's Tit. Hon. 761. Viscounts had their
Name from being formerly Governors of Counties;
and they are now made by Patent, as an Earl; but
their Number is fmall in this Kingdom, in Com-
pariſon with the other Degrees of Peerage.
UN
Ulna ferrea, Is the Standard Ell of Iron, kept in
the Exchequer for the Rule of Meaſure. Mon. Angl.
Tom. 2. pag. 383.
Umpire, (Arbiter) One chöfen by Compromiſe to
deal indifferently between both Parties. Litt.
Empirage, Is where there is but one Arbitrator
of Matters fubmitted to Award; and is ufually
when the Parties fubmit themſelves to the Arbitra-
ment of certain Perfons; and if they cannot agrec,
or are not ready to deliver their Award in Writing
before fuch a Time, then to the Judgment of ano-
ther as Umpire: And this is often the Effect of Bonds
of Submiffion to Arbitration. 1 Roll. Abr. 261, 262.
See Arbitration.
Una cum Dmníbus aliis, In the Grant of a Deed,
is a new Addition of other Things than were granted
before; and bath its own Conclufion attending it.
Hob. 175-
Muceafath, (From the Sax. Un, a Negative Par-
ticle, i. e. Sine, Ceas, litis, and Ath Oath) Is an
obfolete Word ufed where one killed a Thief, and
made Oath that he did it as he was flying for the
Fact, and thereupon Parentibus ipfius occifi juret un-
ceafath, viz. That his Kindred would not revenge
his Death; or they fwore that there fhould be no
Contention about it. Leg. Ina, cap. 37.
Uncía terræ, Often occurs in the Charters of the
British Kings for fome Meaſure or Quantity of
Land: It was the Quantity of 12 Modii, and cach
Modius poffibly 100 Foot fquare. Mon. Angl. Tom. 3.
pag. 198, 205.
Uilitation, (Vifitatio) Is that Office which is per-
form'd by the Bishop of every Diocefe once every
three Years, or by the Archdeacon once a Year, by
vifiting the Churches and their Rectors throughout Uncoze prift, Is a Plea of a Defendant in Nature
the whole Dioceſe; Ut populus illorum cura commiffus of a Plea in Bar, where being fued for a Debt due
falubriter a Paftoribus & Ordine gubernetur: Et ne quid on Bond at a Day paft, to fave the Forfeiture of
detrimenti capiat Ecclefia, &c. Reform. Leg. Eccl. pag. the Bond, he fays that he tendered the Moncy at
124. And when a Vifitation is made by the Arch- the Day and Place, and that there was none there
bishop, all Acts of the Bishop are fufpended by In- to receive it; and that he is alfo ftill ready to pay
hibition, &c. A Commiffary at his Court of Vifitation, the fame. This will fave the Defendant from the
cannot cite Lay Parishioners, unless it be Church- Penalty of his Obligation; and if the Plaintiff now
wardens and Sides-men; and to thofe he may give refufeth to receive the Money, but takes Iffue upon
his Articles, and inquire by them. Noy 123. 3 Salk. the Tender, and it is found against him, he lofeth
379. Proxies and Procurations are paid by the Parfons his Money for ever. 7 Ed. 6. 6. 9 Rep. 79. Praft.
whoſe Churches are vifited, &c. Ibid.
Attorn. Edit. ft. pag. 82, 83.
Wifito, Is an Infpector of the Government of a
Corporation, &c. The Ordinary is Vifitor of Spi-
ritual Corporations; but Corporations inftituted for
private Charity, if they are Lay, are vifitable by
the Founder, or whom he fhall appoint, and from
the Sentence of fuch Vifitor there lies no Appeal. 3
Salk. 381. By Implication of Law, the Founder
and his Heirs are Visitors of Lay Foundations, if no
particular Perfon is appointed by him to fee that
the Charity is not perverted. Ibid. And where
Founders are Visitors of Hofpitals, . See Stat.
&c.
·39 Elix. c. 5 43 Eliz. c. 4.
Mifitor of Manners, In ancient Time was wont
to be the Name of the Regarder's Office in the Foreft.
Manwood, par. I. pag. 195.
Bifue, (Vifnetum) Signifies a Neighbour place,
or Place near at Hand. 19 R. 2. cap. 6. Sec Venue.
Lífus, View, or Inspection; as Wood is to be
taken per Vifum Foreftarii, &c. Hoved. 784.
Uncuth, A Saxon Word, fignifying as much as
Incognitus, i. e. unknown; and is ufed in the old
Saxon Laws for him that cometh to an Inn Gueft-
wife, and lies there but one Night. Bract. lib. 2.
Unde nihil habet, A Writ of Dower, for which
fee Dote unde nihil babet.
Under-Chamberlain of the Exchequer, Vide Ex-
chequer.
Under-Sheriff, (Sub-Vicecomes) See Sheriff.
Undertakers, Are fuch as the King's Purveyors
employ'd as their Deputies: And thofe that under-
take any great Work ; as draining of Fens, c. Stat.
2 & 3 P. & M. cap. 6. 43 Eliz. cap. 11. 12 Car. 2.
cap. 24.
Under-Treasurer of England, (Vice-Thefaurarius
Anglia) An Officer firft created in the Time of
King Hen. 7th, but fome think he was of an an-
tienter Original: His Bufinefs was to cheft
up the
King's Treature at the End of every Term, to
Wita Juftitiæ & Legis, A Sheriff of the County note the Content of Money in each Cheft, and fee
is faid to be the Life of Juftice, as no Suit begins, it carried into the King's Treafury for the Eafe of
and no Proceſs is ferv'd but by him; and after
Suits are ended, he hath the making Execution,
which is the Life of the Law. Co. Litt.
Mívary, (Vivarium) A Place by Land or Water,
where living Creatures are kept: And in Law it is
moſt commonly uſed for a Park, Warren, Pifcary,
c. 2 Inft. 100.
Miva voce, Is where a Witneſs is examined per-
fonally in open Court. See Depofition.
Wicus, A Hulk or Ship of Burden. Leg. Ethelred.
llage, Is when there is a Want of Meafure in
a Caşk, &c.
Winage, The fame with Alnage. Vide Alnage.
3
the Lord Treasurer, as being a Thing too mean for
him, but fit to be perform'd by a Man of great
Truft and Secrecy: And in the Vacancy of the
Lord Treafurer's Office, he did all Things in the
Receipt, &c. This Officer is mentioned in feveral
Statutes; and named Treasurer of the Exchequer till
the Reign of Queen Eliz. when he was termed Un-
der Treaſurer of England. 39 Eliz. cap. 7.
Un Dieu, e Un Boy, Was the learned Judge
Littleton's Motto.
Undies, A Word uſed for Minors, or Perfons
under Age; not capable to bear Arms, &c. Fleta,
lib. 1. cap. 9.
Wnfríð,
UN
UN
}
Mnfrid, One that hath no Quiet or Peace. Sax.
Angelo, A Perfon out of the Protection of the
Law, to that if he were murdered, no Geld or Fine
fhould be paid, or Compofition made by him that
`kill'd him. Leg. Æthelred.
together jointly in his own Hands; as if a Man take
a Leafe of Lands from another at a certain Rent
and after he buys the Fee-fimple, this is an Unity
of Poffeffion, by which the Leafe is extinguifhed, be
caufe that he who had before the Occupation only
Uniformity, (Uniformitas) One Form of publick for his Rent, is now become Lord and Owner of
Prayers and Adminiftration of Sacraments, and o- the Land. Terms de Ley. A Leffee for Years of an
ther Rites and Ceremonies of the Church of Eng Advowfon, on the Church becoming void, was pre-
land, preſcribed by Statutes, to which all muft fented by the Leffor, and inftituted and inducted;
fubmit. I Eliz. cap. 2
14 Car. 2. cap. 4. But fee and it was held, that this was a Surrender of his
Diffenters.
Leafe; for they cannot ftand together in one Per-
Union, (Unio) Is a Combining or Confolidating fon, and by the Unity of Poffeffion one of them is ex-
of two Churches into one: Alfo it is when one Church tinguifhed. Hutt. 105. No Unity will extinct or
is made fubject to another, and one Man is Rector fufpend Tithes; but notwithstanding any Unity they
of both; and where a Conventual Church is made remain, &c. 11 Rep. 14. 2 Lill. 658. Unity of Pof-
a Cathedral. Lyndwode. In the firft Signification, feffion extinguisheth all Privileges not exprefly. ne
if two Churches were ſo mean that the Tithes would ceffary; but not a Way to a Cloſe, or Water to a
not afford a competent Proviſion for each Incum- Mill, &c. because they are thus neceffary. A Way
bent, the Ordinary, Patron, and Incumbents might of Eafe is deftroy'd by Unity of Poffeffion; and a
unite them at Common Law, before any Statute was Rent, or Eafement, do not exist during the Unity,
made for that Purpoſe; and in fuch Cafe it was wherefore they are gone. Latch 153, 154. I Vent.
agreed which Patron fhould prefent firft, &c. for 95. Trin. 7 W.
though by the Union the Incumbency of one Church University, (Univerfitas) Is a Place where all
was loft, yet the Patronage remain'd, and cach Kinds of Literature are univerfally taught: It is
Patron might have a Quare Impedit upon a Disturbance likewife ufed by Civilians for any Corporation, or
to prefent in his Turn. 3 Nelf. Abr. 480. The Bi- Body Politick. The Universities with us are taken
fhop, Patron, and Incumbent may unite Churches, for thofe Two Bodies which are the Nurſeries of
without Licenſe from the King, by the Statute 37 Learning and Liberal Sciences in this Kingdom,
H. 8. The Licenſe of the King is not neceffary to viz. Oxford and Cambridge; endowed with great Pri-
an Union, as 'tis to the Appropriation of Advowfons; vileges. And by the 13 Eliz. it is enacted, That
for an Appropriation cannot be made by them with each of the Universities fhall be incorporated by a
out the King's Licenſe, becauſe that is a Mortmain, certain Name, though they were ancient Corpora-
and the Patronage of the Advowfon is loft, and by tions before; and that all Letters Patent and Char-
Confequence all Tenths and First Fruits. Dyer 259. ters granted to the Universities, fhall be good and
Moor 409, 661. By Affent of the Ordinary, Pa- effectual in Law: That the Chancellor, Masters,
tron, and Incumbent, two Churches lying not above and Scholars of either of the faid Universities, fhall
a Mile distant from the other, and whereof the enjoy all Manors, Lands, Liberties, Franchiſes,
Value of the one is not above fix Pounds a Year in and Privileges, and all other Things which the ſaid
the King's Books of First Fruits, may be united into corporated Bodies have enjoyed, or of Right ought
one. Stat. 37 H. S. cap. 21. And by another Sta- to enjoy, according to the Intent of the faid Let-
ture, in Cities and Corporation Towns, it fhall be ters Patent; and all Letters Patent, and Liberties,
lawful for the Bishop, Patrons, and Mayors, or Franchifes, &c. fhall be establish'd and confirm'd,
Chief Magistrates of the Place, . to unite Churches any Law, Ufage, &c. to the contrary notwithſtand-
therein; but where the Income of the Churches ing. The Universities have the Keeping the Affiſe
united exceeds 100l. a Year, the major Part of the of Bread and Beer, and are to punish Offences con-
Parishioners are to confent to the fame; and after cerning it: Alfo they have the Affife of Wine and
the Union made, the Patrons of the Churches united Ale, &c. And the Chancellor, his Commiffary,
ſhall preſent by Turns, to that Church only which and Deputy, are Juftices of Peace for the Vill of
fhall be Prefentative, in fuch Order as agreed; and Oxon, County of Oxon, and Berks, by Virtue of their
notwithstanding the Union, each of the Parishes Offices; fee the Stat. 51 H. 3. 31 Ed. 1.
7 Ed. 6.
united fhall continue diftin&t as to Rates, Charges, 2 & 3 P. & M. and the Chart. 29 Ed. 3. 14 H. S.
c. though the Tithes are to be paid to the Incum-c. By Letters Patent, Anno 11 Car. 1. granted
bent of the united Church. 17 Car. 2. c. 3. A Union to the University of Oxford, the old Privileges are
where made of Churches of greater yearly Value explained, and larger granted: And the Privilege
than mentioned in the Statute 37 H. 8. was held of the University is allowed to Scholars, and Servants,
good at Common Law; and by the Canon Law, the
Ordinary with Confent of the Patron, might make
an Union of Churches, of what Value foever: So by
Statute, with the Affent of the King. Dyer 259.
2 Roll. Abr. 778. And when two parochial Churches
were thus united, the Reparations continued feveral
as before; and therefore the Inhabitants of the
Pariſh where any fuch Church was demoliſhed,
were not obliged to contribute to the Repairs of the
remaining Church to which it was united. Hob. 67.
And this occafion'd the Stature 4 & 5 W. & M.
by which it is ordain'd, That where any Churches
have been united, by Virtue of the Statute 17 Car. 2.
and one of them is demolished; when the other
Church fhall be out of Repair, the Parishioners of
the Pariſh whoſe Church is down, fhall pay in Pro-
portion towards the Charge of fuch Repairs, &c.
Stat. 4 & 5 W, M. c. 12.
Union of England and Scotland, When and
how brought about, and the Laws relating to it,
fee Scotland.
Unity of Poffellion, (Unitas Poſſeſſionis) Is where
a Man hath a Right to two Eftates, and holds them
c. 14 Car. 2. c.4 Perfons a&ting Theatrical Per-
formances within the Precincts of either University,
or five Miles thereof, fhall be deemed Vagrants;
and the Chancellor, &c. may commit them to the
Houfe of Correction, or common Gaol for one
Month. Stat. 10 Geo. 2. c. 19. See Courts of the
Universities.
Anlage, A Saxon Word, denoting an unjust Law;
in which Senfe it is ufed in Leg. Hen. 1. cap. 34.
Unlawful fembly, (Illicita Congregatio) The
Meeting of three Perfons or more together, by
Force, to commit fome unlawful A&t. Lamb. Vide
Aſſembly.
Unnatural, (Præternaturalis) That which is not
of or by Nature: And what is unnatural to Mản
generally, muſt be the fame to all Men, and at all
Times; but what is unnatural to this or that Perfon,
is to him only, and but for the Time 'tis fo. Ar-
gument on incestuous Marriages. Vaugh. 224.
Unques príữ, Always ready to perform a Thing:
Ufed in Pleading to an Action, which if the Plain-
tiff cannot prove to the contrary, he fhall recover
no Damages. Ritch. 243.
Wociferatio,
90
•
VO
US
Wociferatio, An Out-cry, or Huc and Cry. Leg.
Hen.
cap. 12.
Mouche, (Fr. in Latin Voco) Significs to call one
to warrant Lands, &c.
3
oidance, (Vacatio) Is a Want of an Incumbent loucher, Is a Word of Art, when the Tenant
upon an Ecclefiaftical Benefice. Vide Avoidance. in a Writ of Right calls another into the Court,
Woid and Roidable. In the Law fome Things who is bound to him to Warranty; and is either
are abfolutely void, and fome are A Thing to defend the Right against the Demandant, or
voidable
is void which is done againft Law at the very yield him other Lands to the Value, &c. And it
Time of the Doing of it, and it ſhall bind no Per- extends to Lands or Tenements of Freehold or In-
fon: But a Thing which is only voidable, and not heritance, and not to any Chattel, Real, Perfonal,
void, although it be what he that did it ought not, or Mixt: He that outbeth is called the Voucher,
to have done, yet when it is done the Doer cannot (vocans) and he that is vouched is called the Vouchee,
avoid the fame; though by fome Act in Law it may (warrantatus) and the Procefs whereby the Vou bee
be made void by his Heir, &c. 2 Lill. Abr. 653. is called, is a Summoneas ad Warrantizandum; on
Where a Grant is void at the Commencement, no which Writ, if the Sheriff return that the Party
A&t afterwards can make it good: If a Leafe is ab- hath nothing whereby he may be fummoned, then
folutely void, Acceptance of Rent will not affirm goes out another Writ called fequatur fub fuo peri-
it; it is otherwife when a Leafe is voidable, there culo, &c. Co. Litt. 101. There is alfo a foreign Vou-
it will make it good. 3 Rep. 64. A Leafe for Life, cher, when the Tenant being impleaded within a
which is voidable only, muſt be made void by Re- particular Jurifdiction, as in London, voucheth one to
entry, &c. Ibid. Tis generally held that Covenants Warranty in fome other County out of the Jurif
made in a void Leafe or Deed, are alfo void. Yelv, diction of that Court, and prays that he may be fum-
18. Sce Owen 136. A Decd of Exchange, entered moned, &c. 2 Rep. 50. On a Suit in England, a Voucher
into by an Infant, or one Non fana memoria, is not doth not lie in Iveland: But it lies in Wales, and
void; but may be avoided by the Infant when ar- the Tenant fhall be fummoned in the next County
rived of Age, or by the Heir of him who is Non to it. A Vouchee by entering into Warranty, be-
fane memoria. Perk. 281. But it hath been adjudg'd, comes Tenant in Law of the Lands; and when the
that a Bond of an Infant, or of one Non Compos, is Demandant Counts against him, he may Plead a
void, becauſe the Law hath not appointed any thing Releafe, &c. fenk. Cent. 41, 100. In a Writ of
to be done to avoid fuch Bonds; for the Party can- Entry in the Degrees, none fhall touch out of the
not plead Non eft factum, as the Caufe of Nullity Line: And in Writs of Right and Poffeffion, it is a
doth not appear upon the Face of the Deed. 2 Salk. good Counterplea, that neither the Vouchee nor his
675. 3 Nelf. Abr. 486. Where the Condition of a Ancestors had ever Seifin of the Land, Stat. 3 Ed.
Bond is void, in Part by Statute, it may be void to-1. c. 40. And the Demandant may aver a Vouchee
tally; tho' it is otherwife if void in Part by the Com-
mon Law, for there it fhall be good for the Refidue.
Moor 856. 1 Brownl. 64. A Deed being voidable, is to
be avoided by Special Pleading; and where an Act
of Parliament fays, that a Deed, &c. fhall be void,
it is intended that it fhall be by Pleading, fo as 'tis
voidable, but not actually vacated. 5 Rep. 119. A
Judgment given by Perfons who had no good Com-
miffion to do it, is void, without Writ of Error:
But an erroneous Attainder is not void, but voidable
by Writ of Error, &c. 2 Hawk P. C. 459, 321.
Hoire, A French Word fignifying truly. Law Fr.
Dict.
Moire dire, (Fr. Veritatem dicere) Is when it is
pray'd upon a Trial at Law, that a Witnefs may be
Tworn upon a Voire dire; which is, that he fhall on
his Oath ſpeak the Truth, whether he fhall get or
lofe by the Matter in Controverfy; and if it ap-
pears that he is unconcern'd, his Teftimony is al-
low'd, otherwiſe not. Blount. On a Voire dire, a
Witneſs may be examin'd by the Court, if he be
not a Party intereſted in the Cauſe, as well as the
Perfon for whom he is a Witnefs; and this has
been often done, where a bufy Evidence, not other-
wife to be excepted againft, is ſuſpected of Partiali-
ty. Terms de Ley 581.
olumus, Is the firft Word of a Claufe in the
King's Writs of Protection and Letters Patent; of
Protections, fome are cum claufula Volumus. 13 R. 2.
cap. 16. Co. Litt: 199.
Moluntary, As applied to a Deed, is where any
Conveyance is made without a Confideration, either
of Money, or Marriage, &c. And Remainders li-
mited in Settlements, to a Man's right Heirs, &c.
are deemed Voluntary in Equity, and the Perfons
claiming under them called Volunteers. Abr. Caf. Eq.
385. 3 Salk. 174. Sce Fraud.
Moluntas, Is when a Tenant by Leafe holds
Lands at the Will of the Leffor; or a Copyholder
holdeth his Lands at the Will of the Lord, by Copy
of Court-Roll, according to the Cuftom of the
Manor, &c.
Motum, A Vow or Promife, ufed by Fleta for
Nuptia; fo Dies Votorum, is the Wedding Day. Fleta,
lib. 4-
to be dead, and that there is no fuch Perfon, where
the Tenant voucheth a Perfon deceaſed to Warranty.
14 Ed. 3. c. 18. Single, double and treble Voucher.
See Recovery. And vide Warranty.
Moucher, Is alfo ufed for a Leiger Book, or Book
of A counts, wherein are enter'd the Acquittances
or Warrants for the Accountant's Difcharge. Stat.
19 Car. 2. cap. 1.
ox, Vocem non habere, A Phrafe made ufe of by
Bracton, fignifying an infamous Perfon, one who is
not admitted to be a Witnefs. Bract. lib. 3.
Upholsters, None fhall put to Sale any Beds,
Bolters, c. except fuch as are tuff'd with one
Sort of dry pulled Feathers, or clean Down; and
not mix'd with fcalded Feathers, Fen-down, Thif
tle-Down, Sand, &c. on Pain to forfeit the fame,
or the Value: And they are to ftuff Quilts, Mat-
treffes and Cufhions, with clean Wool, and Flocks;
without ufing Horfe-hair, &c. therein, under the
like Forfeiture. Stat. 11 H. 7. c. 19. and 5 & 6 Ed.
6. c. 23.
"
Upland, High Ground, or Terra firma, as it is
called by fome, contrary to marfhy and low Ground.
Ingulph.
fa, Is the River Ifis; which River was term'd
Ifis from the Goddefs of that Name; for it was
cuftomary among the Pagans to dedicate Hills,
Woods, and Rivers, to favourite Goddeffes, and to
call them after their Names; and the Britons ha
ving the greatest Reverence for Ceres and Proferpine,
who was alfo called Ifis, did for that Reafon name
this River Ifis: And the being the Goddefs of the
Night, from thence they computed Days by Nights;
as Seven Night, &c. Blount.
lage, Differs from Custom, and Preſcription: No
Man may claim a Rent, Common, or other Inheri
tance by Usage; though he may by Prefcription
6 Rep. 65. See Prefcription.
fance, A Calendar Month, as from May 20 to
June 20, and double Ufance, is two fuch Months;
Words used in Bills of Exchange. Merch. Di&.
fe, (Ufus) Is in Application of Law, the Profit
or Benefit of Lands and Tenements; or a Truſt
and Confidence repos'd in a Man for the holding
of Lands, That he to whofe Ufe the Truft is made
4
fall
US
US
im
any
fhall take the Profits thereof. Weft. Symb. par. 1. Chattels Perfonal, which is properly a Chancery
1 Inft. 272. An Ufe is only a Truft or Confidence Truft, wherein the Ufe and Poffeffion are divided;
which one Man puts in another; and therefore 'tis though in other Cafes the Statute executes Agree-
not a Thing iffuing out of the Land, but collateralments as the Chancery would have done before.
to it, and annexed to the Privity of Eftate between Wood's Inft. 256, 257. All Lands of Inheritance,
them, (viz.) That he to whom the Ufe is made Liberties, Franchifes, vifible or local, may be con-
fhall have the Profits; and that the Tenant of the veyed by Way of Ufe: But Inheritances Perfonal,
Land fhall make an Eſtate as he shall direct: But which have no Relation to Lands or local Heredi-
the Ceftui que ufe hath neither jus in Re or ad Rem, taments, cannot be conveyed by Way of Ufe. And
his only Remedy being in Chancery to compel the fome Queftions having been made, out of what an
Ceftui que Trust to execute the Ufe. 3 Nelf. Abr. 487.Ufe fhall arife, it hath been held, That Ufes fhall
The Limitation of an Ufe, was at the Common be raiſed only out of a Freehold; that they cannot
Law but a Matter of Equity: But now Feoffments be raifed out of a Chattel, nor out of an Ufe, or a
to Uſes, &c. have the fame Acceptation as Decds at bare Right or Power, nor out of an intended Pur-
Common Law; and Ufes limited by any Convey- pofe, &c. Moor 509. 1 Leon. 148. 3 Salk. 386.
ance, are govern'd and directed according to the In Ufes there ought to be Privity of Eftate to erect
Rules of the Law. 2 Lill. Abr. 664. There were the Ufe upon: And there are four Things required
two Inventors of Uſes; Fear in the Time of Trou- to the Execution of a Ufe within the Statute, viz.
ble and Civil War, for the faving of Inheritances There must be a Perfon feifed; but the King or a
from Forfeiture; and Fraud in Time of Peace, to Corporation, an Alien, &c. cannot be feifed to the
defeat Debts, Efcheats, &c. And it is faid, the Ufe of another: There is to be a Ceftui que Ufe in
Original of Uſes was the Statute of Mortmain, which Being; for the Words of the Act are, Stand and
cramp'd the Clergy fo much that they were forced be feifed to the Ufe of any Perfon or Perfons:-
to take Shelter under the Laity, and make use of There must be a Ufe in Efe, in Poffeffion, Re-
them to purchaſe Lands in Truft for them and to mainder, or Reverfion; and the Ettate of the
their Use Afterwards the Wars between the Houfes Feoffees, &c. out of which the Ufes arife, is to be
of York and Lancafter coming on, Trufts and Ufes in- vefted or transferred to Ceftui que Use; and if
creas'd more than ever; and although the Common of theſe fail, the Ufe will not be executed. I Rep.
Law could take no Cognifance of them, yet there 126. 1 Inft. 19. 2 Cro. 50, 401. Ufes are in Effe,
were always, until King Hen. Sth's Reign, Clergy- either in Poffeffion, Remainder, or Reverfion; or
men Chancellors, who were ready upon all Occa-in Contingency, which by Poffibility may fall into
fions to decree the Performance of the Truft and Poffeffion, or in Reverfion, &c. Contingent Ufes
Uſe. 2 Lill. 662, 663. It hath been obferved by in poffe, may be created though they are not exe-
fome Writers, that there were no fuch Things as cuted by the Statute, but remain at Common Law:
Uſes at Common Law; the Reafon was, becauſe the But when they come in Effe, then the Statute exe-
Feoffce was always taken as the Owner of the Land; cutes them; and before that, they may be deſtroy-
and it was very inconvenient and abfurd that there ed, difcontinued or fufpended. 1 Rep. 135. A Ufe is
fhould be two feveral Fees, and Owners of the fame alfo exprefs, or implied; Exprefs, as when a Feoff-
Land fimul & femel; therefore by the Common Lawment is made of Land to 4. B. and his Heirs, to
the Fcoffees to Ufes were the very Tenants, &c. the Use of C. D. and the Heirs of his Body, &c.
But the Statute of Ufes hath united the Eftate to Implied, where the Ufe is not declared between the
the Uſe, ſo that now the Feoffees to Uses have no Parties, but is left to the Construction of the Law:
Eftate or Intereft at all, but in Refpect of the con- And if a Man feifed of Lands makes a Feoffment
tingent Eftate and Ufes limited in the Deed. 3 Salk.in Fee without any Confideration, and it is not
386. Becauſe in Time many Deceits were invent-declared to whofe Ufe, by Implication of Law it
ed, by fettling the Poffeffion in one Man, and the fhall be to the Ufe of the Feoffor, &c. It hath been
Ufe in another, infomuch that the Poffeffion and adjudg'd, that if by Feoffment, or Leafe and Re
the Ufe were divided, which opened a Gap for leafe, a Man conveys any particular Eftate mediate
Frauds To avoid thefe Inconveniences, the Sta-or immediate to another Perfon, there the Refidue.
tute of 27 H. 8. gives the Poffeffion to him who has of the Eftate fhall by Implication remain to the
the Ufe, and as before the Statute the Poffeffion Use of the Party himself: But where no Eſtate is li-
ruled the Ufe, fo now the Use governs the Poffeffion; mited to another, the whole Conveyance is to no
for this Reaſon in Conveyances it is fet down in Purpofe, if the Party be conftrued to have the re-
the Habendum to whofe Ufe the Lands are conveyed, fulting Ufe in him; indeed upon a Fine or Recovery
and whatever Eftate a Man hath in the Ufe, the Perlons may have their particular Eftates in other
fame he has in the Poffeffion at this Day. 1 Rep. 121. Refpects, as barring upon Nonclaims, c. 1 Rep.
2 Leon. cap. 25. The Stat. 27 H. S. cap. 10. enacts, 121. 2 Roll. Abr. 781, 782. 2 Salk. 678. 3 Salk.
That where any are or fhall be feifed of Lands, to 387. An Ufe may be raised two Manner of Wavs, ift,
the Use of any other, by reafon of any Bargain and By Tranfmutation, or departing with the Poffeffion
Sale, Feoffment, Fine, Recovery, Contract, Agree- of the Eftace. 2dly, Without Tranfmutation of
ment or Will, &c. he to whofe Ufe the Lands are the Eftate, by keeping the Land in a Man's own
fettled in Fee-fimple, Fec-tail, for Life, or other-Hands, and making the Poffeffion be to the Use of
wife, fhall be efteemed in Poffeffion of the Land to another: Thofe Ufes that arife by Tranfmutation of
all Intents and Purpoſes: And where one is feifed of Eftate, are by Feoffment, Fine, Recovery, &c.
Lands to the Ufe or Intent that another hall have And thofe which arife without Tranfmutation, be-
an yearly Rent out of the fame, Ceftui que Ufe fhall ing by Bargain and Sale inrolled, and Covenant to
be deemed in Poffeffion and Seifin of the faid Rent, ftand feifed to Ufes. 1 Plowd. 301. 1 Inst. 271. Con-
and of like Eftate as in the Ufe, &c. And if there veyances to Ufes are of three Sorts; a Covenant to
are any Uses limited in a new Manner, they are ftand feifed; a Feoffment, Fine, or Recovery to
void. i Rep. 129, 138. But there are Ufes that are Ufes, and a Bargain and Sale; by which laft a con-
not executed by this Statute; as if Lands are grant-tingent Ufe cannot be fupported, though by the two
ed to others in Truft, that the Feoffees fhall take Firft it may; and there is a Difference between a
the Profits, and deliver them to the Feoffor and his Feoffinent to Uſes, and a Covenant to ſtand ſeiſed,
Heirs; alfo Leafes for Years of Lands in Ufe, (which becaufe the Feoffor, departs with his whole Estate,
Leafes had their being before, and are granted o- but the Covenantor departs with no more than what
ver in Ufe and Truft) where the Leffee is poffeffed] is actually vefted in the Ceftui que Use. 2 Sid. 64,
only of his Term, and not feifed of any Freehold, 129. In Bargains and Sales, and Covenants to
c. and there fill remains an Ufe of Goods and ftand feifed, fome Confideration is neceffary to
•
-
·
make
0
1
a
US
US
·
make thoſe Deeds operate to Ufes; the Confidera-] ring his Life, and therefore in Cafe of Covenant
tion of Money in a Bargain and Sale, and natural he bath fuch Eftate. 1 Rep. 154. 2 Lev. 77. An Uſe
Affection, Blood, Affinity, Marriage, &c. in the is conftrued as favourably as may be, to comply
Covenant to ſtand ſeiſed: And they may be good to with the Intent of the Party: Intention is the Foun-
Man's Wife or Family, without any Confidera-dation of Ufes, but it ought to be out of the Words
tion; but not to others. Flow. 301. Dyer 169. 3 of the Deed, to be agreeable to Law, and collected
Lev. 306. The Confideration, or a Refervation and taken from the intire Deed. 1 Mod. 98. Lutw.
of 12 d. a Penny, or a Pepper-Corn, are fufficient 700, 790. If the Meaning of the Party doth ap-
Confiderations to raiſe an Ufe. 2 Mod. 251. 3 Salk. pear, that he intended to pafs his Eltate by Way
387. If a Man covenants in Confideration of Mar- of raifing an Ufe; there the Words, Give, Grant,
riage, or of a Sum of Money paid to him, that the &c. fhall enure as a Covenant to ftand feifed: But
Covenantee ſhall have fuch Lands; the fame fhall where it doth not appear, that he intended to pafs
change the Ufe immediately, for thefe are good it by way of Ufe, but by Conveyance at Common
Confiderations either to change or raife Ufes. Dyer Law, no Ufe is raiſed. March 50. Lands being once
6. But a Perfon covenanteth to make an Eftate to fold and fettled to Ufes, the Party that makes the
certain Perfons to certain Uſes, in Conſideration of Uſe may not create any farther Uſes: Where the
Marriage; no Uſe arifes by fuch bare Covenant, un- Eftate out of which an Ufe arifeth is gone, the Uſe.
lefs the Eftate be made accordingly: So where up- is gone likewife; and Ufes may be made void by
on Marriage there is a Covenant to levy a Fine, Relcafe, or Power of Revocation. Dyer 186. 1 Inft.
except the Fine be levied; but if a Fine be levied, 237. Deeds of Gift of Goods, &c. made in Truft
it fhall be to the Ufes. Dalif. 112.3 Lev. 306. Cro. to the Ufe of the Grantor, ſhall be void. 3 H. 7. c. 4.
Eliz. 401. An Ufe arifes when declared by Eftate And no Ufe will prevent Dower of à Woman after
executed, which needs no Confideration: A Fine it her Husband's Death, &c. See Covenant to ſtand
felf without any Confideration, doth raife Ufes, feifed.
where a Marriage is intended; but in other Con-
veyances, the Confideration of Marriage will not
raiſe an Ufe, if the Marriage take not Effect; be-
cauſe the Confideration must be executed before the
Uſe ſhall arife. I Leon. 138. A Confideration of Mo-
ney given by one, may extend to all the Eftates;
but if it be of Blood, &c. it is Singular, and will
raise the Use of that only to which it goeth: Tho'
if I Covenant with B. in Confideration of the Mar-
riage of my Son with his Daughter, to be feifed to
the Ufe of a Stranger for Life, and after to my Son
and his Wife in Tail; here the Ufe fhall arife to the
Stranger, to bear up the Remainder, which is not
good without a particular Eftate Plowd. 307. Dyer
174. 11 Rep. 24. Yet if fuch Covenant be to ftand
feifed to the Uſe of my felf for Life, and after to
C. a Stranger for the Term of Twenty Years, and
after that to my Son in Tail; in this Cafe the Ufe
limited to C. is void, and my Son after my Death
ſhall have the Land. 1 Rep. 155. 4. Covenanted for
natural Affection, to be feiled to the Ufe of himself
for Life, and after his Death that the Land ſhould
defcend or remain to his Coufin B. in Fee; refolv'd
by all the Judges, that no Ufe is raifed to B. by
Reafon of the Disjunctive, remain or deſcend. Fenk.
Cent 267. An Uſe cannot be raiſed by any Covenant,
Provifo, or Bargain and Sale, upon a general Con-
fideration, without fpecial Averment: And altho'
he that hath the Fee fimple of Land, may make
what Uſes he will of it in Fee, for Life, or Years;
yet Tenant in Tail may not. 4 Shep. Abr. 180. 2
Cro. 400, 401. Ufes may be made to a Man and
the Wife he ſhall marry, or to his firſt, ſecond, or
third Wife, &c. And if Parties to a Deed declare,
that one of them fhall make a Feoffment, or levy
a Fine to the Ufe and Intent that one fhall hold
the Land for Life, and after his Death another in
Tail, and after that a Third in Fee-fimple, &c.
the Eftate fettleth according to the Ufes declared
by the Deed. 1 Rep. 13, 121. A Devile may be to
an Ufe, and be ſo executed: A Man makes a Feoff-
ment to the Ufe of his Will, he hath the Ufe in the
mean Time; and when the Feoffor by Will limits
the Eftate purſuant to his Power, the Eftate takes
Effect by the Feoffment, and the Ufe is directed
by the Will. Lutw. 823. 6 Rep. 17, 18. If Ufes are
fettled upon Condition, the Condition must first be
performed; and a future Ufe may well arife on the
Non performance of a Condition. 2 Lill. Abr. 668.
There may be a future Springing Ufe, without a pre-
cedent Eftate made to fupport it, as a Man co-
venants to ſtand ſeiſed after his Death to the Use of
his Kinſman and his Heirs, the Eftate in the mean
Time is in him; for it cannot pafs out of him du-
4
4
Superftitious fes. By Statute, a Devife of
Lands or Goods to Superftitious Ufes, is where 'tis to
find or maintain a Chaplain or Pricft to pray for
the Souls of the Dead, or Lamp in a Chapel, a
Stipendiary Prieft, &c. Theſe, and fuch like, are
declared to be Superftitious Ufes; and the Lands and
Goods fo deviſed are forfeited to the King. 1 Ed. 6.
c. 14. But a Man deviſed Lands to Truſtees and
their Heirs, to find a Prieft, to pray for his Soul, fo
long as the Laws of the Land would permit; and
if the Laws would not permit it, then to apply the
Profits to the Poor, with Power to convert the Pro-
fits to either of the faid Ufes; adjudged, this was
not a Devife to any Superftitious Ufe. 3 Nelf. Abr. 259.
And where certain Profits arifing out of Lands are
given to Superftitious Ufes, the King fhall have only
fo much of the yearly Profits, which were to be ap
plied to the Superftitious Ufe; though when the
Land itfelf is given by the Teftator, declaring that
the Profits, without faying how much, fhall be em-
ployed for fuch Ufes, in this Cafe the King ſhall
have the Land itself. Moor 129. If a Sum certain
is given to a Prieft, and other Goods which depend
upon the Superftitious Ufe, all is forfeited to the King;
yet if Land, &c. is given to find an Obit or Anni-
verfary, and for an other good Uſe; and there is no
Certainty how much fhall be employ'd to the Super-
fitious Ufe, the Gift to the good Ufe, fhall preferve
the Whole from Forfeiture. 4 Rep. 104. 2 Roll.
205. It has been held, where a Superftitious Ufe was
void, fo that the King could not have it; that it
was not fo far void, as to refult to the Heir at Law;
and therefore the King may apply it to Charity.
1 Salk. 163. See the Stat. 23-Hen. 8. under Mort-
main; and the I Geo. I. Title Forfeiture
Wier de Яtion, Is the Purfuing or bringing an
Action, in the proper County, &c. Broke 64.
Wher, (Fr. Huiffier, a Door-keeper) Is an Officer
in the King's Houle, as of the Privy-Chamber, &c.
And there are Ubers of the Courts of Chancery
and Exchequer.
Mfucaption, (Ufucaptio) Signifies the Enjoying by
Continuance of Time; a long Poffeffion, or Pre-
fcription. Terms de Ley.
Wufructuary, (Ufufructuarius) One that hath the
Ufe, and reaps the Profit of a Thing.
Mlurpation, (Usurpatio) Is the uſing that which is
another's; an Interruption or Difturbing a Man in
his Right and Poffeffion, &c. And Ufurpations in the
Civil and Canon Law are called Intrusions; and
fuch Intruders having not any Right fhall ſubmit,
or be excommunicated and deprived, c. by Boni-
face's Conftit. Gibf. Codex 817. The Ufurpation of a
Church Benefice is, when one that hath no Right,
prefenterh
!
US
US
1
Ufury, (Ufura) Is Money given for the Use of
Money; and is particularly defined to be the Gain
of any Thing by Contract above the Principal, or
that which was lent, exacted in Confideration of the
Loan thereof, whether it be of Money, or any other
Thing. 3 Inft. 151. Some make Ufury to be the
Profit exacted for a Loan made to a Perſon in
Want and Diftrefs; but properly it confifts in ex-
torting an unreasonable Rate for Money, beyond
what is allowed by Statute. The Letting Money
out at Intereft, or upon Ufury, was againſt the
Common Law; and in former Times, if
after his Death had been found to be a Ufurer, all
his Goods and Chattels were forfeited to the King,
any one
prefenteth to the Church, and his Clerk is admit-
ted and inftituted into it, and hath quiet Poffef-
fion fix Months after Inftitution before a Quare Im-
pedit brought: It must commence upon a Prefenta-
tion, not a Collation; becauſe by a Collation the
Church is not full, but the right Patron may bring
his Writ at any Time to remove the Ufurper. 1 Inft.
227. 6 Rep. 30. And by Ufurpation, the Fee of
an Advowfon may be gained, as well as the Avoid-
ance upon which the Ufurpation is made: And the
true Patron cannot remove the Incumbent to re-
gain the Poffeffion, without a Writ of Right of Ad-
vowfon, which he is driven to for Recovery of the
Inheritance. 6 Rep. 49. It has been formerly held,
that upon an Ufurpation the Ufurper gains a Fec- c. And according to feveral antient Statutes,
fimple in the Advowfon; in like Manner as he who all Ufury is unlawful; but at this Time neither
enters into Land during a Vacation, and claims the the Common or Statute Law, abfolutely prohibit
fame as his Inheritance by Wrong: But as the Dy-Ufury. 3 Inft. 151, 152. Though exceffive Ufury
ing feiſed of Lands in that Cafe, will not take away is liable to the Forfeiture of treble Value of the
the Entry of the Succeffor; no more fhall the U- Money taken, by Statute; and if Judgment cannot
furpation on a Vacancy, take away his Right of Pre- be given on the Statute, if it be found that a Per-
fentation when the Church becomes void. 2 Co. Inft. fon took Money for Forbearance by corrupt Agree-
360. 17 Ed. 3. 37. At Common Law the Patron ment, Judgment may be given against him at Com-
in Fee was put out of Poffeffion by an Ufurpation, mon Law, which is Fine and Imprisonment. 3.Salk.
and to recover the Advowfon it felf by a Writ of 391. Reasonable Intereft may be taken for the
Right; but he hath no Remedy for the Prefenta-Ufe of Money at this Day: The Stat. 27 Hen. 8.
tion hac vice, nor if another Avoidance happen, un-cap. 9. allowed 10l. per Cent. for Money lent on
lefs he bring his Writ of Right of Advowfon, and Mortgages, &c. The 13 Eliz. c. 8. ordained 81.
recontinue the Advowfon: If the Patron had the per Cent. And the 21 Fac. 1. c. 17. the like Intereſt.
Advowſon in Tail, or for Life, this Turn and alfo The 12 Car. 2. c. 13. lowered the Intereft of Money
his whole Advowfon was gone. 3 Salk. 388. An U-to 6 1. per Cent. And the 12 Ann. cap. 16. to 5 l. per
furpation upon a Leffee for Years, gains the Fec-fim-Centum per Annum. But it is faid, that the Satutes
ple, and puts the true Patron out of Poffeffion; 13 Eliz. and 21 Fac. 1. allow not Ufury, but punish
and though by the Stat. Weftm. 2. he in Reverfion the Excefs of it; and the 12 Ann. is called the Sta-
after the Determination of the Leafe for Years, tute against Exceffive Ufury. By the Stat. 12 Ann.
may have a Quare Impedit when the Church is void, c. 16. no Perfon fhall take directly or indirectly,
or may prefent; and if his Clerk is inftituted and
inducted, then he is remitted to his former Title;
yet till that is done, the Ufurper hath the Fee, and
the Writ of Right of Advowfon lies against him.
Hutt. 66. 3 Salk. 389. Upon the Statute 1 Eliz.
if an Ufurpation be on a Bishop, it shall bind him;
but his Succeffor may prefent to the next Avoidance,
or bring a Quare Impedit, although he is out of Pof-way of corrupt Bargain, Loan, . a greater In-
feffion: All Ufurpations fhall bind the Bishop who
fuffers them; not their Succeffors. 1 Leon. So. 2 Cro.
673. No one can ufurp upon the King; but an U-
furpation may difpoffefs him of his Prefentation; fo
as he fhall be obliged to bring a Quare Impedit;
though it will not fo deveft his Eftate in an Advow-
fon, as to bind his Inheritance, and put him to a
Writ of Right. 3 Salk. 389. One Coparcener or
Jointenant, &c. cannot ufurp upon the other: But
where there are two Patrons of Churches united, if
one prefents in the other's Turn, it is an Ufurpation;
for they are not as Coparceners, who are privy in
Blood. Dyer 259. 17 Ed. 3. If one prefents to a
Church in Time of War, the Prefentment fhall not
put the rightful Patron out of Poffeffion: And a
Prefentation which is void in Law, as in Cafe of
Simony, or to a Church that is full, &c. makes no
Ufurpation. 2 Rep. 93. Wood's Inft. 160.
for Loan of any Money, or any Thing, above the
Value of 51. for the Forbearance of 100 l. for a
Year, and fo proportionably for a greater or lefs
Sum; and all Bonds, Contracts, and Affurances
made for Payment of any principal Sum to be lent
on Ufury, above the Rate of 51. per Cent. ſhall be
void: And whoever fhall take, accept or receive by
tereft, fhall forfeit treble the Value of the Money
lent; and Scriveners, Solicitors and Drivers of Bar-
gains, are not to take above 5 s. for the Procuring
the Loan of 100l. a Year, on Pain of forfeiting
201. &c. It hath been adjudg'd on this Statute,
that a Contract for 61. per Cent. made before the
Statute, is not within the Meaning of it; and there-
fore that it was ftill lawful to receive fuch Intereſt,
in refpect of any fuch Contract: And if a Man,
when Intereft was at 61. per Cent. lent Money at
that Rate, and after the Statute comes and finks
the Intereft to 5 1. per Cent. if he continues the old
Intereft on that Bond, the Bond fhall not be void as
ufurious; but it is faid the Party fhall be liable to
forfeit treble Value. 1 Hawk. 246. 1 Mod. 69.
The Receipt of higher Intereft than is allowed by
the Statute, by Virtue of an Agreement fubfequent
Alſo by a
to the firſt Contra&t, doth not avoid an Affurance
fairly made; and a Bond made to fecure a juft
Debt, payable with lawful Intereft, fhall not be a-
voided by a corrupt ufurious Agreement between o-
thers, to which the Obligee was no ways privy :
Nor fhall Miftakes in drawing Writings make void
a fair Agreement. Ibid. If the original Contract be
not ufurious, nothing done afterwards can make it
fo: And a Counter-Bond to fave one harmleſs a-
gainſt a Bond made upon a corrupt Agreement, will
not be void by the Statutes. But if the original A-
greement be corrupt between all the Parties, and
fo within the Statute, no Colour will exempt it from
the Danger of the Statutes against Ufury. 1 Brownl.
73. 2 And. 428. 4 Shep. Abr. 170. A Fine levied,
or Judgment fuffered as a Security for Money, in
Purſuance
late Statute, no Ufurpation on any Avoidance, fhall
difplace the Eſtate or Intereft of any Perfon inti-
tled to an Advowfon; or hinder him to prefent
upon the next Avoidance, or to maintain a Quare
Impedit to recover Poffeffion, c. 7 Ann. c. 18. This
Statute hath quite altered the Law concerning Ufur
pations of Churches. Mallor. Q. Imped. 146.
Wfurpation of Franchises and Liberties, Is
when a Subject unjustly ufes any Royal Franchifes,
&c. And it is faid to be an Ufurpation upon the
King, who fhall have the Writ of Quo Warranto
against the Usurpers. See Quo Warranto,
furious Contract, Is any Bargain or Contra&t,
whereby a Man is obliged to pay more Intereft for
Money than the Law allows. Vide Ufury.
9 P
*
US
}
UT
Ufury was pleaded; and it was adjudg’d, that if it
had been laid to be upon a Loan of Money, it had
been ufurious; though 'tis otherwife if it be a Con-
tract for an Annuity. 4 Shep. Abr. 170. If one hath
a Rent-charge of 301. a Year, and another asketh
what he fhall give for it, and they agree for 100%.
this is a plain Contract for the Rent-Charge, and
no Ufury. 3 Nelf. 510. The Grant of an Annuity
for Lives, not only exceeding the Rate allowed for
Intereft, but also the Proportion for Contracts of
this Kind, in Confideration of a certain Sum of
Money, is not within the Statutes against Ufury:
and fo of a Grant of an Annuity, on Condition, &c.
2 Lev. 7. See 1 Sid. 182. Where
Cro. Fac. 253.
Intereft exceeds 51 per Cent. per Annum on a Bond, if
poffibly the Principal and Intereft are in Hazard,
upon a Contingency, or Cafualty; or if there is a
Hazard that one may have lefs than his Principal,
as when a Bond is to pay Money upon the Return
of a Ship from Sea, &c. thefe are not Ufury. 2 Cro.
208, 508. 1 Cro. 27. Show. 8. Though where B. lends
to D. three hundred Pounds on Bond, upon an Ad.
venture during the Life of E. for fuch a Time; If
therefore D. pays to B. twenty Pounds in three
Months, and at the End of fix Months, the Princi-
pal Sum, with a further Premium, at the Rate of
6 d. per Pound a Month; or if before the Times
mentioned E. dies, then the Bond to be void: This
differing from the Hazard on a Bottomry Bond, was
adjudged an ufurious Contract. Carthew 67, 68.
Comberb. 125.
Purſuance of an ufurious Contract, may be avoided
by an Averment of the corrupt Agreement; as well
as any common Specialty, or parol Contract: And
it is not material, whether the Payment of the
Principal and the ufurious Intereft, be fecured by the
fame, or by different Conveyances, for all Writings
whatfoever for the Strengthning fuch a Contract are
void; alfo a Contract referving to the Lender a
greater Advantage than allowed, is ufurious, if the
Whole is referv'd by way of Intereft, or in Part
only under that Name, and in Part by way of Rent
for a Houfe, let at a Rate plainly exceeding the
known Value; ſo where Part is taken before the
End of the Time, that the Borrower hath not the
Profit of the whole principal Money, &c. 1 Hawk.
P. C. 248. 3 Nelf. Abr. 509. By Holt Ch. Juft. If
A. owes B. 100l. who demands his Money, and A.
acquaints him, that he hath not the Money ready,
but is defirous to pay it if B. can procure it to be
lent by any other Perfon; and thereupon B. having
prefent Occafion for his Money, contracts with C.
That if he will lend A. 1007. he will give him 101
on which C. lends the Money, and the Debt is paid
to B. this is a good and lawful Contra&, and not
ufurious between B. and C. Carthew's Rep. 252. It is
not Ufury, if there be not a corrupt Agreement, for
more than Statute Intereft; and the Defendant fhall
not be puniſh'd, unleſs he receive fome Part of the
Money in Affirmance of the ufurious Agreement.
3 Salk. 390. There can be no Ufury, without a
One hundred Pounds is lent to
Loan; and the Court hath diftinguiſhed between a
Bargain and a Loan. I Lutw. 273.
1 Lutw. 273. Sid. 27. If a have 1201. at the Year's End, upon a Caſualty; if
Man lend another 100 l. for two Years, to pay for the Cafualty goes to the Intereft only, and not the
the Loan 30%. and if he pays the Principal at the Principal, it is Ufury: The Difference in the Books
Year's End, he shall pay nothing for Intereft; this is, that where the Principal and Intereft are both
is not Ufury, becauſe the Party may pay it at the in Danger of being lot, there the Contract for
Year's End, and fo difcharge himself. Cro. Fac. 509. extraordinary Intereft is not ufurious; but when the
5 Rep. 69. And it is the fame where a Perfon by Principal is well fecur'd, 'tis otherwife. 3 Salk. 391.
fpecial Agreement, is to pay double the Sum bor- A Perfon fecures the Intereft and Principal, if it be
rowed, &c. by way of Penalty, for Nonpayment of at the Will of the Party who is to pay, it is no
the principal Debt; the Penalty being in Lieu of Ufury. 2 Cro. 509. And a Lender accepting a vo-
Damages, and the Borrower might repay the Prin-luntary Gratuity from the Borrower, on Payment
cipal at the Time agreed, and avoid the Penalty. of Principal and Intereft; or receiving the Intereft
2 Inft. 89. 2 Roll. Abr. 801. A Man furrenders a before due, without any corrupt Agreement,
Copyhold Eftate to another upon Condition that if fhall not be within the Statutes againſt Ufury. 2 Cro.
he pays 801 at a certain Day, then the Surrender 677. 3 Cro. 501. Alfo if one gives an ufurious Bond,
to be void; and after it is agreed between them and tenders the whole Money; yet if the Party
that the Money fhall not be paid, but that the Sur-will take only legal Intereft, he ſhall not forfeit the
renderor ſhall forfeit, &c. In Confideration where- treble Value by Statute. 4 Leon. 43. On an Infor-
of, the Surrendree promiſes to pay to the Surren- mation upon the Statute of Ufury, he who bor-
deror on a certain Day 60 1. or 61. per Annum from rows the Money may be a Witnefs, after he hath
the faid Day pro ufu & intereffe of the faid 607. till paid the Money. Raym. 191. In Action for U-
that Sum is paid: This 61. fhall be taken to be In-fury, the Statute against Ufury must be pleaded,
tereſſe Damnorum, and not Lucri, and but limited as and a corrupt Agreement fet forth: It is not fuffi-
a Penalty for Nonpayment of the 60l. as a Nomine cient to plead the Statute, and fay that for the
pœnæ, &c.
2 Roll. Rep. 469. 1 Danu. Abr. 44. On Lending of 201. the Defendant took more than 5 l.
a Loan of 100l. or other Sum of Money for a per Cent. without fetting forth a corrupt Agreement
2 Lill. 672. 3 Nelf. 514.
Year, the Lender may agree to take his Intereft Half or Contract. Lutw. 466 · 2 Lill. 672.
Yearly, or Quarterly; or to receive the Profits of And in pleading an ufurious Contract by way of
a Manor or Lands, &c. and be no Ufury, tho' fuch Bar to an Action, the whole Matter is to be
Profits are rendered every Day. Cro. Fac. 26. If a fet forth fpecially, becauſe it lay within the
Grant of Rent, or Leaſe for 201. a Year of Land Party's own Privity; but in an Information on the
which is worth 100l. per Annum be made for One Statute for making fuch a Contra&t, it is enough to
hundred Pounds, 'tis not ufurious; if there be not mention the corrupt Bargain generally, by Reaſon
an Agreement, that this Grant or Leafe fhall be Matters of this Kind are fuppofed to be privily
void, upon Payment of the Principal and Arrears, tranfa&ted; and fuch Information may be brought
&c. Fenk. Cent. 249. But if two Men fpeak toge-by a Stranger. 1 Hawk. 248. In Cafe of Ufury, &c.
ther, and one defires the other to lend him an hun-an Obligor is admitted to aver against the Condi-
dred Pounds, and for the Loan of it, he will give tion of a Bond, or against the Bond it felf, for
more than legal Intereft; and to evade the Statute, Neceffity's Sake. Pafch. 6 W. & M. B. R. The
he grants to him 301. per Ann. out of his Land for Word Corruptive is neceffary in a Declaration for
ten Years, or makes a Leaſe for one hundred Years Ufury, &c.
Utas, Octava, Is the eighth Day following any
to him, and the Leffee regrants it upon Condition
that he shall pay 301. yearly for the ten Years: Term or Feaft; as the Utas of St. Michael, &c.
In this Caſe it is Ufury, though the Lender never And any Day between the Feaft and the Octave
have his own hundred Pounds again. 1 Cro. 27. See is faid to be within the Utas: The Ufe of this is
I Leon. 119. A Man granted a large Rent for in the Return of Writs; as appears by the Stat.
Years, for a ſmall Sum of Money: The Statute of 51 H. 3.
tenal,
1
}
I
2
1
+
WA
Atenal, Is any Thing neceffary for Ufe and Oc-
cupation; Houfhold-ftuff. Cowel.
Atfangthef, (Fur extra captus) A Liberty to pu-
nifh Offenders. See Outfangthef.
Utlagh, (Uthlagus, i. c. Bannitum extra Legem)
An Outlaw. Fleta, lib.
Utlagato capiendo quando tlagatur in uno
Comitatu & poftea fugit in alium, An ancient
Writ, the Nature whereof is expreffed in the Words
of the Name. Reg. Orig. 133.
Atlawiy, (Uilagaria, vel Utlagatio) See Out-
lawry.
Utlepe, (Sax.) Signifies an Eſcape of a Felon
out of Priſon. Fleta, lib. I. c. 47.
trum, A Writ now of little Ufe, Terms de Ley.
See Affife de Utrum.
Utter Barrilters, (Furis confulti) Are Barrifters
at Law, newly called, who plead without the Bar,
&c. Vide Barrister.
Multíva, A Wound in the Face.
50 fol. componat. Leg. Sax.
Vultivam
►
WA
against me: So help me God. Though before he takes
the Oath, the Plaintiff is called by the Crier
thrice; and if he do not appear he becomes non-
fuited, and then the Defendant goes quit without
taking his Oath; and if he appear, and the Defen-
dant fwears that he owes the Plaintiff nothing, and
the Compurgators do give it upon Oath that they
believe he fwears. true, the Plaintiff is barred for
ever; for when a Perfon has waged his Law, it is
as much as if a Verdict has paffed againſt the
Plaintiff: If the Plaintiff do not appear to hear
the Defendant perform his Law, fo that he is non-
fuit; he is not barred, but may bring a new Ac-
tion. 1 Inft. 155. 2 Lill. Abr. 674. In an Action of
Debt on a By-Law, the Defendant waged Law; a
Day being given on the Roll for him to come and
make his Law, he was fet on the right Corner of
the Bar, and the Secondary ask'd him if he was
ready to wage his Law; who anſwering that he
was, he laid his Hand on the Book, and then the
Plaintiff was called: Then the Judges admonished
him and his Compurgators not to fwear rafhly;
and thereupon he made Oath, That he did not owe
the Money modo forma as the Plaintiff had de-
clared; and then his Compurgators, who were
ftanding behind him, were called, and cach of
them laying his Right-hand upon the Book, made
Oath that they believed what the Defendant had
fworn was true. 2 Ventr. 171. 2 Salk. 682. The
Defendant cannot wage his Law in any A&tion, but
perfonal Actions, where the Caufe is fecret; and
Wager of Law has been denied, on hearing the
Cafe, and the Defendant been advised to plead to
Iffue, &c. Alfo this Wager of Law being, it is faid,
abufed by the Iniquity of the Times, the Law was
forced to find another Way to do Juftice, and that
was by turning A&tions of Debt on fimple Contract,
Vef&c. into Action upon the Cafe by Indebitat. Aſſumpfit,
which hath oufted the Defendant of his Ley Gager.
2. Lill. 675, 676.
Multus de Luca, The Image of our crucified
Saviour kept at Lucca in the Church of Holy Crofs:
And Will. 1. called the Conqueror, often fwore per
Sanctum vultum de Luca. Eadmer. lib. 1.
Eadmer. lib. 1. Malmsb.
lib. 4.
Mrozium, A Mul&t or Fine paid for not marry
ing. Litt. Dict.
W.
Ide, (Vado) To wade or ford over a River.
Litt.
aftos, (Waftores) Are Conductors of Veffels
at Sea; King Edw. 4. conftituted certain Officers
with naval Power, whom he filed Cuftodes, Con-
ductores and Waftores, to guard our Fishing
fels on the Coafts of Norfolk and Suffolk. Pat.
22 Edw. 4.
tage, Vadiare, from Fr. Gage) Signifies the
Giving of Security for Performance of any Thing;
as to wage or gage Deliverance, to wage Law, &c.
Co. Litt. 294.
Wagers. By Statute, all Wagers laid upon a Con
tingency relating to the late War with France, and
all Securities, &c. therefore, were declared to be
void; and Perfons concerned to forfeit double the
Sums laid. 7 Ann. cap. 17.
C.
Wages, Is what is agreed upon by a Mafter to be
paid to a Servant, or any other Perfon which he
hires to do Bufinefs for him. 2 Lill. Abr. 677. The
Wages of Servants, Labourers, &c. is to be affeffed
by juftices. 5 Eliz. cap. 4. I Fac. I. cap. 6. And
Juftices of Peace may order Payment of Wages for
Husbandry, &c. but not in other Cafes. Mod. Caf.
204, 205. The Statute of Labourers Wages, extends
to Covenant Servants in Husbandry; tho' an Order
of Justices was quafhed in B. R. becaufe made upon
the Servant's Oath, without other Evidence. 2 Ld.
Raym. 1305. See Servants. Wages of Seamen, vide
Stat. 45 Ann. I Geo. I. c. 25.
Mager of Law, (Vadiáre Legem) Is where an
Action of Debt is brought against a Man upon a
fimple Contract between the Parties, without Deed
or Record; and the Defendant fwears in Court in
the Prefence of his Compurgators, that he oweth
the Plaintiff nothing in Manner and Form as he
hath declared: And the Reafon of Waging of Law
is, becauſe the Defendant may pay the Plaintiff
his Debt in private, or before Witneffes which
may be all dead, and therefore the Law allows him
to wage his Law in his Difcharge; and his Oath
fhall rather be accepted to diſcharge himſelf, than
the Law will fuffer him to be charged upon the
bare Allegation of the Plaintiff. 2 Inft. 45. Wager
of Law is used in Actions of Debt without Special-
Waggons. The 22 Car. 2. enacted, That Wag-
ty; and alfo in Action of Detinue, for Goods or
gons fhould not be drawn with more than five Horfes
Chattels lent or left with the Defendant, who may in Length, under certain Penalties. By the 6 Ann.
fwear on a Book, and certain Perfons with him, cap. 29. Waggons were to be drawn with fix Horfes,
that he detaineth not the Goods in Manner as the and no more, on Pain of 51. But Carriages for
Plaintiff has declared, and his Compurgators are drawing Hay, Straw, Coal, Timber, Ammunition,
to be fix, eight or twelve of his Neighbours, as c. were excepted out of the Statute. And by 5 Geo.
the Court fhall affign him. Terms de Ley 196. The 1. c. 12. Waggons travelling in Highways for Hire,
Manner of Waging Law is thus: He that is to fhall not be drawn with more than fix Horſes; and
do it, muſt bring fix Compurgators with him into no Cart with above three Horſes, on Pain of forfeit-
Court, and ftand at the End of the Bar towards ing all fupernumerary Horfes; alfo travelling Wag-
the Right-hand of the Chief Justice; and the Se-gons are to have their Wheels bound with Iron, two
condary asks him, whether he will wage bis Law? Inches and a Half broad, at leaft, or all the Horfes
If he anſwers that he will, the Judges admonifh fhall be forfeited above the Number of Three, &c.
him to be well adviſed, and tell him the Danger of In London, &c. Waggons having their Wheels bound
taking a falfe Oath; and if he ftill perfifts, the with Iron, are not to carry more than 12 Sacks of
Secondary fays, and he that Wageth his Law repeats Meal, one Chalder of Coals, &c. on Pain of for-
after him: Hear this ye Fuftices, That I A. B. do not feiting one of the Horfes with the Furniture, &c.
owe to C. D. the Sum of, &c. nor any Penny thereof Stat. 6 Geo. I. c. 6. By a late Act, Carts may be
in Manner and Form as the faid C. D. bath declared drawn with four Horfes, for the Convenience of
Farmers, i
:
ì
WA
WA
Farmers, and, others going to Markets, &c.
16 Geo. 2. cap. 29.
Stat.not waive it, without Motion of Court. 1 Keb. 225.
Affignment of Error by Attorney on an Outlawry,
ordered to be waived, and the Party to affign in
Perfon, after Demurrer for this Caufe. See 2 Keb.
15.
Wake, The Eve-Feast of the Dedication of Churches;
which in many Country Places, is obferved with
Feafting and rural Diverfions, &c. Paroch. Antiq.
609.
Wakeman, (Quafi Watchman) The chief Ma-
giftrate of the Town of Rippon in Yorkſhire, is ſo
called. Camd.
Waifs, (From the Sax. Wafian, Fr. Chofe guaive,
Lat. Bona Waviata) Are Goods which are ftolen
and waved, or left by the Felon, on his being pur-
fued, for fear of being apprehended; which are
forfeited to the King or Lord of the Manor. Kitch.
81. If a Felon in Purfuit waves the Goods, or
having them in his Cuftody, and thinking that Pur-
fuit was made, for his own Eafe and more ſpeedy
Flight, flies away and leaves the Goods behind
him; then the King's Officer or the Bailiff of the
Wales, (Wallia) Is Part of England on the Weft-
Lord of the Manor, within whofe Jurifdiction they
are left, who hath the Franchife of Waif, may fide formerly divided into three Provinces, North-
feife the Goods to the King or Lord's Ufe and Wales, South Wales, and Weft-Wales, and inhabited
keep them; except the Owner makes freſh Purfuit by the Off-fpring of the antient Britains, chaſed
after the Felon, and fue-an Appeal of Robbery thither by the Saxons, called in to affist them a-
within a Year and a Day, or give Evidence againft gainft the Picts and Scots. Lamb. Stat. Wallia, 12
him whereby he is attainted, &c. In which Cafe, Edw. 1. England and Wales were originally but one
the Owner fhall have Reftitution of his Goods. fo Nation, and fo they continued till the Time of the
ſtolen and waved. 21 H. 8. cap. 11. 5 Rep. 109. Roman Conqueft: But when the Romans came, thoſe
Goods waved by a Felon, in his Flight from thofe Britains who would not fubmit to their Yoke, be-
who purſue him, fhall be forfeited: And though took themſelves to the Mountains of Wales, from
Waif is generally fpoken of Goods ftolen; yet if a whence they came again foon after the Romans
Man be pursued with Hue and Cry as a Felon, and were drove away by their Diffentions here: After
he flies and leaves his own Goods, thefe will be for- this came the Saxons, and gave them another Di-
feited as Goods ftolen; but they are properly Fu-fturbance, and then the Kingdom was divided into
gitives Goods, and not forfeited till it be found be-an Heptarchy; and then alfo began the Welsh to be
fore the Coroner, or otherwife of Record, that he diftinguifhed from the English: Yet 'tis obfervable,
fled for the Felony. 2 Hawk. 450. 5 Rep. The
Law makes a Forfeiture of Goods waved, as a Pu-
niſhment to the Owner of the Goods, for not
bringing the Felon to Juftice: But if the Thief
had not the Goods in his Poffeffion, when he fled,
there is no Forfeiture: If a Felon fteals Goods and
hide them, and afterwards flies, thefe Goods are
not forfeited; ſo where he leaves ftolen Goods any
where, with an Intent to fetch them at another
Time, they are not waved; and in thefe Cafes the
Owner may take his Goods where he finds them,
without fresh Suit, &c. Cro. Eliz. 694. 5 Rep. 109.
Moor 785. Waifs and Strays are faid to be Nullius
in bonis; and therefore they belong to the Lord of
the Franchiſe where found. Briton, cap. 17. We
read of Placita Corone & Waif, in the Manor of
Upton, &c. in Com. Salop.
Main, (Plauftrum) A Cart, Waggon, or Plough
to till Land.
Wainable, i. e. That may be ploughed or ma-
nured; Land tillable. Chart. fine dat.
Two
that tho' Wales had Princes of their own, the King
of England had Superiority over them, for to him
they paid Homage. Camd. 67. 2 Mod. 11. The Stat.
28 Ed. 3. c. 2. annexed the Marches of Wales per-
petually to the Crown of England; fo as not to be
of the Principality of Wales. And by the 27 Hen. 8.
c. 26. Wales was incorporated to and united with
England; and all Perfons born in Wales fhall enjoy
the like Liberties as thoſe born in England, and
Lands defcend there according to the English Laws:
The Laws of England are to be executed in Wales;
and the King to have a Chancery and Exchequer at
Brecknock and Denbigh: Officers of Law and Mini-
fters fhall keep Courts in the English Tongue; and
the Welsh Laws and Customs to be inquired into by
Commiffion, and fuch of them as fhall be thought
fit continued; but the Laws and Customs of North
Wales are faved. By 34 35 Hen. S. cap. 26. A
Divifion of Wales was made into twelve Counties;
and a Prefident and Council fhall remain in Wales
and the Marches thereof, with Officers, &c.
Juftices are to be affign'd to hold a Seffions twice
every Year, and determine Pleas of the Crown,
and Affifes, and all other Actions; and Juftices of
Peace fhall be appointed as in England, &c. The
18 Eliz. cap. S. enacts, That the King may ap-
point two other Perfons learned in the Laws, to be
Judges in each of the Welsh Circuits, which had
but one Juftice before; or grant Commiffions of
An Office for Inrolments was
Affociation, c.
erected, and the Fees and Proceedings regulated
in paffing Fines and Recoveries in Wales, by 27
Waiver, Signifies the paffing by of a Thing, or Eliz. cap. 9. Perfons living in Wales, may give
a Refufal to accept it: Sometimes it is applied to and difpofe of their Goods and Chattels by Will,
an Eſtate, or ſomething convey'd to a Man, and in like Manner as may be done within any Part of
7 E 8
fometimes to a Plea, &c. And a Waiver or Difa- the Province of Canterbury or elsewhere.
greement as to Goods and Chattels, in Cafe of a W. 3. c. 38. Jurors returned to try Iffues in Wales,
Gift, will be effe&tual. Litt. Sect. 710. If a Jointure are to have 61. a Year of Freehold or Copyhold,
of Lands be made to a Woman after Marriage, fhe above Repriſes: And none fhall be held to Bail in
may waive this after her Husband's Death. Rep. Wales, unleſs Affidavit be made that the Cauſe of
27. And an Infant, or if he die, his Heir may by Action is 201. or upwards. 11 & 12 W. 3. cap. 9.
Waiver avoid an Eſtate made to him during his Mi- In Actions where the Debt, &c. amounts not to
nority. 1 Inft. 23, 348. But where a particular 101. in the Court of Great Seffions in Wales, the
Eftate is given with a Remainder over, there re- Plaintiff fhall fue out a Writ or Procefs, and ſerve
gularly he that hath it may not waive it, to the the Defendant with a Copy eight Days before hold-
Damage of him in Remainder: Though it is other-ing of the faid Court, &c. who fhall appear at the
wife where one hath a Reverſion; for that fhall not
be hurt by fuch Waiver. 4 Shep. Abr. 192. After
Special Iffue joined in any Action, the Parties can-
Mainage, (Wainagium) According to Sir Edw.
Coke, fignifies the Contenement of a Villain; or the
Furniture of his Cart or Wain. 2 Inft. 28. And the
Villain of any other, if he fall into our Mercy,
fhall be amerced faving his Wainage. Magn. Chart.
c. 14. Wainage has been alſo uſed for Tillage. Mon.
Ang. Tom. 2. pag. 612. Sce Gainage.
Waíve, (Waiviare) In the general Signification, is
to forfake; but is fpecially applied to a Woman,
who for any Crime, for which a Man may be out-
lawed, is termed Waive. Reg. Orig. 132.
•
Return, or before the Third Court; or the Plain-
tiff may enter an Appearance, and proceed. 6 Geo.
2. c. 14. Of Procefs into Wales, Judgments, and
Courts
I
Ꮃ Ꭺ
WA
Courts there, &c. fee 3 Nelf. Abr. 519, 520, 522.
and Courts of Wales. Prince of Wales, vide Prince.
Malesheria, The learned Spelman fays fignifies
Wallia pars: But by others it is interpreted Paren
tela Hominis interfecti; the fame with Valefheria.
Malífcus, (i. c. Servus) A Servant, or any
fterial Officer. Leg. Ina, c. 34.
Walkers, Are Foresters within a certain Space
of Ground, affign'd to their Care in Forefts, &c.
Crompt. Furifd. 145.
Mall, Sea-Wall, A Bank of Earth. See Water-Horfe in Arms on both Sides; which was an extra-
is faid to be a Time of Peace: But when by Inva-
fion, Rebellion, &c. the peaceable Courſe of Ju-
ftice is ftopt, then it is adjudged to be a Time of
War: And this fhall be tried by the Records and
Judges, whether Justice at fuch a Time had her
mini-equal Courfe of Proceeding or no? For Time of
War gives Privilege to them that are in War, and
all others within the Kingdom. 1 Inft. 249. In the
Civil Wars of King Char. 1. it was computed that
there were not fewer than 200,000 Foot and 50,000
gage.
alüngham, The Demefne Lands in Walfingham
may be Let by Copy, and fhall be Copyholds.
35 H 8. c. 13.
Waltham Blacks. In the Reign of K. Geo. 1.
there fprung up a Set of defperate Villains called
Waltham Blacks, headed by one whom they ftiled
K. John; who blacking their Faces, and ufing other
Difguifes, robb'd Forefts, Parks, and Warrens, de-
ftroy'd Cattle, levied Money on their Neighbours,
by Threats and Menaces to fire their Houfes, and
committed divers other Violences and Outrages,
to the great Terror of the People; but they were
fuppreffed, and declared Felons, by Stat. 9 Geo. 1.
C. 22.
Wang, (Sax.) We ufe for the Check, or Jaw
wherein the Teeth are fet: Hence Chaucer called
the Check-Teeth or Grinders, Wangs or Wang-
Teeth; which is recorded in this old Way of fealing
Writings:
And in Witness that this is footh,
I bite the Wax with my Wang-tooth.
Manga, An Iron Inftrument with Teeth. Confue
tud. Dom. de Farend. MS. 18.
Wanlafs, Or driving the Wanlafs, is to drive Deer
to a Stand, that the Lord may have a Shoot; which
is one of our ancient cuftomary Tenures of Lands.
Blount's Ten. 140.
ordinary Holt, confidering it compoſed of Britains
fufficient to have fhaken Europe, tho' it was other-
wife fatally imployed. And in antient Times, when
the Kings of England were to be ſerved with Soldiers
in their Wars, a Knight or Squire that had Reve-
nues, Farmers and Tenants, would covenant with
the King by Indenture inrolled in the Exchequer, to
furnish him with fuch a Number of military Men;
and thofe Men were to ferve under him, whom
they knew and honoured, and with whom they
must live at their Return. 1 Inft. 71. This was an
excellent Inftitution; but we have had many Sta-
rutes which have alter'd this Method of recruiting
the Army, by introducing the Lifting of Soldiers,
and retaining them by Virtue of Money paid and
advanced, &c. The Statute 25 E. 3. enacted, That
none fhould be conftrain'd to find Men of Arms
but by Tenure of Land, or Grant in Parliament.
And what Perfons are obliged to attend upon the
King, when he goes himſelf in Perfon to the Wars,
&c. Vide 11 H. 7. c. 18. See Law of Arms, and
Soldiers.
Mara, A certain Quantity or Mcafure of Ground.
Mon: Ang. Tom. 2. p. 128.
Ward, (Cuftodia) Is variously ufed in our old
Books: A Ward in London is a Diſtric or Divifion
Warda, The Cuftody of a Town or Caftle, which
the Inhabitants were bound to keep at their own
Charge. Mon. Ang. Tom. 1. p. 372.
Wardage, (Wardagium) Seems to be the fame
with Wardpeny.
of the City, committed to the fpecial Charge of
one of the Aldermen; and in London there are
Twenty-fix Wards, according to the Number of
the Mayor and Aldermen, of which every one
Wapentake, (From the Sax. Weapen, i. c. Arma- has his Ward for his proper Guard and Jurifdi&tion.
tura, & tac, tactus) Is all one with what we call a Stow's Surv. A Foreft is divided into Wards. Man-
Hundred; fpecially uſed in the North Counties be-wood, par. 1. p. 97. And a Prifon is called a Ward.
yond the River Trent Bract. lib. 3. Lamb. The Laftly, The Heir of the King's Tenant, that held
Words feem to be of Danish Original, and to be in Capite, was term'd a Ward, during his Nonage:
called fo for this Reafon; when firft this Kingdom, But this Wardſhip is taken away by the Stat. 12 Car.
or Part thereof, was divided into Wapentakes, he 2. c. 24.
who was the Chief of the Wapentake or Hundred,
and whom we now call a High Conftable, as foon
as he entered upon his Office, appeared in the Field
on a certain Day on Horfe-back with a Pike in his
Hand, and all the chief Men of the Hundred met
him there with their Lances, and touch'd his Pike ; Warden, (Gardianus, Fr. Gardein) Is he that hath
which was a Sign that they were firmly united to the Keeping or Charge of any Perfons or Things
each other, by the Touching their Weapons. Hoveden. by Office; as the Wardens of the Fellowships or
14 H. S. c. 2. Wardens of
Fleta, lib. 2. But Sir Thomas Smith fays, That an- Companies in London. 14 H. 8. c. 2.
tiently Musters were made of the Armour and Wea- the Marches of Wales, &c. 14 Hen. 7. cap. 8. War-
pons of the feveral Inhabitants of every Wapentake; dens of the Peace. 2 Ed. 3. c. 3. Wardens of the
and from thofe that could not find fufficient Pledges Tables of the King's Exchange. 2 Ed. 3. cap. 7.
I Ed. 4. c. I.
for their good Abearing, their Weapons were taken Warden of the Armour in the Tower.
1 Ed. 4.
away, and given to others; from whence he de- Wardens of the Rolls of the Chancery.
rives this Word. Rep. Angl. lib. 2. cap. 16. Camd. c. 5. Warden of the King's Writs and Records of
Brit. 159. 2 Inft. 99. Stat. 3 Hen. 5. c. 2. 9 Hen. 6. his Court of Common Bench. Ibid. Warden of the
15 Hen. 6. cap. 7.
Wapentak hoc eft Lands for repairing Rochefter Bridge. 18 Eliz. c. 7.
cap. 10.
quietancia de fectis & Hundredis quod dicitur Wapen-Warden of the Stannaries. 14 Car. 2. c. 3. Warden
and minor Canons of St. Paul's Church. 22 & 23
fake. MS. in Bibl. Cotton.
Warden of the Fleet Prifon. 8 & 9 W. 3.
-
Wapping, An A&t was made for the Partition of Car. 2.
Wapping Marth. Stat. 35 H. 8. c. 9. And Perfons &c. See Guardian.
fheltring themselves from Debts, and obstructing Wardmote, (Wardmotus) Is a Court kept in every
the Execution of Writs in Wapping, Stepney, &c. to
be guilty of Felony, by 11 Geo. 1. c. 22.
tar, (Bellum) A Fighting between two Kings,
Princes or Parties, in Vindication of their juft
Rights; alfo the State of War, or all the Time it
lafts. By our Law, when the Courts of Juftice are
open, fo that the King's Judges diftribute Juftice to
all, and protect Men from Wrong and Violence, it
Ward in London; ordinarily called the Wardmote.
Court: And the Wardmote Inqueft, hath Power every
Year to inquire into and prefent all Defaults con-
cerning the Watch, and Conftables doing their Du-
ty; that Engines, &c. are provided against Fire;
Perfons felling Ale and Beer be honeft, and fuffer
no Disorders, nor permit Gaming, &c. that they
fell in lawful Meafures; and Searches to be made
9 Q
for
·
WA
WA
1
for Vagrants, Beggars, and idle Perfons, &c. who
fhall be punished. Chart. K. Hen. 2. Lex Lond.
185.
Wardpeny, Money paid and contributed to Watch
and Ward. Doinelday.
tardmit, Is to be quit of giving Money for keep-
ing of Wards. Terms de Ley.
•
Wards, Was a Court firft erected in the Reign
of King Hen. 8. and afterwards augmented by him
with the Office of Liveries; wherefore it was filed
the Court of Wards and Liveries, now difcharged by
the 12 Car. 2.
Ward-Staff, The Conftable or Watchman's Staff:
And the Manor of Lambourn in Effex is held by the
Service of the Ward Staff, and watching the fame
in an extraordinary Manner, when it is brought to
the Town of Aibridge. Camd.
tareftare, To plough up Land defign'd for
Wheat in the Spring, in order to let it lie fallow
for better Improvement; which in Kent is called
Summer Land: Hence Warectabilis campus, a Fal-
low Field; Campus ad Warectam, Terra Warectata,
Soc.
Mares. Certain Wares not to be brought into
this Realm from abroad, to be fold or exchanged
here, on Pain of Forfeiture. See Stat. 5 Eliz.
cap. 7.
83.
argus, A banifhed Rogue. Leg. Hen. 1. cap.
Warnitura, Is ufed for Garniture, Furniture,
Provifion, c. Pat. 9 Hen. 3.
arnoth. It is an antient Cuftom, if any Tenant
holding of the Caftle of Dover failed in paying his
Rent at the Day, that he fhould forfeit double, and
for the fecond Failure treble: And the Lands fo
held are called Terris Cultis & Terris de Warnoth.
Mon. Angl. Tom. 2. p. 589.
Warranty, (Warrantia) Is a Promife or Cove-
nant by Deed made by the Bargainor, for himſelf
and his Heirs, to warrant or fecure the Bargainée
and his Heirs, againſt all Men for the Enjoying of
the Thing granted. Bract. lib. 2. 5. Weft's Symb.
par. I. A Warranty is Real or Perfonal; Real, when
it concerns Lands or Tenements, granted in Fee,
or for Life, &c. And real Warranties are either in
Deed, as by the Word Warrantizo or Warrant ex-
prefly; or in Law, by the Word Dedi, &c. And a
Deed of Gift and Exchange, have a Warranty in
Law implied. Litt. 697. Sir Edw. Coke defines a
real Warranty to be a Covenant Real annex'd to
Lands, whereby a Man and his Heirs are bound to
warrant the fame to fome other and his Heirs; and
that they fhall quietly hold and enjoy the Lands,
and upon Voucher, or by Writ of Warrantia Charta,
to yield other Lands and Tenements to the Value
of thofe that fhall be evicted by elder Title: And
Warranty being a Covenant real, bindeth to yield
Lands in Recompence.
a Fal- Lands in Recompence. 1 Inft. 365, 384. Warranty
is alfo of three Sorts, viz. Warranty Lineal, War-
ranty Collateral, and Warranty that commences by
Diffeifin: Warranty lineal is where a Man feifed in
Fee makes a Feoffment, and binds himſelf and bis
Heirs by the Deed to Warranty, and hath Iffue a
Son and dies, and the Warranty defcends to his Son
and Heir; for if no Deed with Warranty had been
made, then the Right of the Lands fhould have
defcended to the Son as Heir to his Father, and he
would have conveyed the Defcent from Father to
Son: This Warranty binds the Right of Fee fimple;
but not the Right of an Eſtate-tail, unless the
lineal Warranty be with Affets in Fee-fimple. Litt.
697, 703. 1 Inft. 370. Collateral Warranty is when
the Party upon whom the Warranty defcends, cannot
convey the Title which he hath in the Land from
him that made the Warranty, or fhew that he is his
Heir, &c. As if Tenant in Tail difcontinues the
Tail, or alienates the Land, and then die h, leav-
ing Iffue, and the Uncle of the Iffue releafes to the
Difcontinuee with Warranty, and dies without Iffue;
this is a collateral Warranty to the Iffue in Tail,
and bindeth his Right, without Affets, it defcend-
ing upon him, and he can't make a Title to the
Intail from his Uncle. Litt. 7c4.
1 Inft. 373, 376.
Warranty by Diffeifin, is where one that hath no
Right to the Freehold of another, entereth and
conveyeth it away with Warranty; which fhall not
bind or bar the Perfon diffeifed, or the right Heir
that ought to have the Land: And if where Te
nant for Life, Remainder in Tail, leafes for Years
with Agreement with the Leffee, that he fhall make
a Feoffment of the Land, and then he will releafe
with Warranty, which is done accordingly ; adjudged
that this collateral Warranty commencing by Dif
feifin, fhall not bind the Heir in Tail, upon whom
it defcended. Litt. 698. 1 Inft. 366, 367. Cro. Car.
483. Accomp. Conv. 1 Vol. 56. He that makes a
Warranty, may make it as large, or ftrait as he
pleafes; as for himself and his Heirs, and what
Heirs, &c. And if the Warranty be made for Life,
or in Tail, 'tis good, and fhall bind for fo long
only. Inft. 387. 1 And. 262, 305. But no Warranty
can inlarge an Eftate granted; for if the Leffor by
Deed doth Releaſe to his Leffee for Life, and war-
rant the Land to him and his Heirs, it fhall not
make his Eftate greater. 1 Inft. 389. And where
one binds him and his Heirs to Warranty; by this
they are not bound to warrant new Titles, or any
Right that commences after Warranty made, but
fuch as were in effe at that Time. Bridgm. 77. If
one make an Eftate, and grant to warrant the
Land, but doth not fay for how long; it fhall be
taken for fo long as the Eftate to which the War-
ranty is knit doth laft: A Man. grants to warrant
Lands to another, and fays not against what Per-
arrant, A Precept under Hand and Seal to
fome Officer to bring an Offender before the Per-
fon granting it: And Warrants of Commitment are
iffued by the Privy Council, a Secretary of State,
or a Juftice of Peace, &c. where there hath been a
private Information, or a Witneſs has depofed
againſt an Offender. Wood's Inft. 614. Any one un-
der the Degree of Nobility, may be arrested for a
Mifdemeanor, or any Thing done against the Peace
of the Kingdom, by Warrant from a Juftice of
Peace; though if the Perfon be a Peer of the
Realm, he must be apprehended for a Breach of
the Peace by Procefs out of B. R. &c. Dalt. Juft.
263. A Conftable ought not to execute a Juftice's
Warrant, where the Warrant is unlawful, or the
Jultice hath no Jurifdiction; if he doth, he may be
punifhed. Plowd. 394. But if any Perfon abuſe by
throwing in the Dirt, &c. or refufe to execute a
lawful Warrant; it is a Contempt of the King's
Procefs, for which the Offender may be indicted
and fined. Cromp. 149. Sec Conftable.
И
Warrant of Attorney, Is an Authority and
Power given by a Client to his Attorney, to appear
and plead for him; or to fuffer Judgment to pafs
againſt him by confeffing the Action, by Nil dicit,
Non fum Informatus, &c. And although a Warrant
of Attorney given by a Man in Cuftody to confefs a
Judgment, no Attorney being prefent, is void as to
the Entry of a Judgment; yet it may be a good
Warrant to appear and file Common Bail. 2 Lili.
Abr. 682. A Warrant of Attorney which warrants
the Action, is of Courfe put in by the Attornies for
the Plaintiff and Defendant; fo that it differs from
a Letter of Attorney, which paffes ordinarily under
the Hand and Seal of him that makes it, and is
made before Witneffes, &c. Though a Warrant of
Attorney to fuffer a common Recovery by the Tenant,
is acknowledged before fuch Perfons as a Commif-
fion for the Doing thereof directs. Weft's Symb. par. 2.
Vide Stat. 4 & 5 Ann.
•
fons;
:
5
WA
WA
:
-
Warranty of Goods fold, vide Action on the Cafe, and
Sale!
fons; here it will be held a general Warranty a fon make a Deed with Warranty, by which his Heir
gainst all Men. 1 Rep. 1. A Warranty may be an- fhould be barred, and after the Warrantor is attaint-
nexed to Eftates of Inheritance or Freehold, and ed of Felony; his Heir fhall not be bound by fuch
that not only to Houfes and Lands, bur alfo Rents, Warranty, for it cannot defcend upon him, the
Advow fons,
Commons, &c. which iffue our of Blood being corrupted. Litt. If a Warranty defcend
Lands or Tenements. Inft. 366, 389. And to upon an Infant, it fhall not bind him, in Cafe his
every good Warranty in Deed, to make it binding; Entry into the Lands be lawful; but he must take
the Perfon that doth warrant must be a Perfon able; Care not to fuffer a Defcent after his full Age, be-
it is neceffary that there be fome Eftate to which fore he hath made his Re-entry. I Rep. 140.
the Warranty is annexed, to fupport it; that the Popb. 71. Warranty may be added to any Convey-
Warranty defcend upon him who is Heir of the ance of Lands, Tenements, or Hereditaments; as
whole Blood by the Common Law, to him that upon Fines, Feoffments, Gifts, Relcafe and Con-
made it, and not upon another; and that the Heir firmation, &c. And the antient Form of a War-
claim by the fame Right as the Anceftor; that it ranty is in this Manner
take Effect in the Life-time of fuch Anceftor; and & hæredes mei prædict. Meſſuag. & decem acras terra
Et Ego præfatus A. B.
he be bound thereby; and the Eftate of Freehold, cum pertinentiis fuis, prefalo C. D. heredibus affigna
which is to be barred, be put to a Right before, or tis fuis contra onines gentes Warrantizabimus in perpe-
at the Time of the Warranty; and that he to whom tuum per præfentes, &c.
the Warranty defcends, have then but a Right to
the Land. I Inft. 367, 370, 384, 388. 10. Rep. 96,
97. If one be a Succeffor only in Cafe of a Cor- Warrantia Chartæ, Is a Writ that lieth where
poration, he fhall not be bound by the Warranty of a Man is infeoffed of Lands with Warranty, and
bis Natural Anceftor: And he that comes into then he is fued or impleaded. And if the Feoffee
Land meerly by Act of Law, as the Lord by be impleaded in Affife, or other Action, in which he
Efcheat, c. fhall never take Advantage of a cannot vouch or call to Warranty, he fhall. have this
Warranty; but it is otherwife where the Eftate a Writ against the Feoffor, or his Heirs, to compel
rifes by Limitation of Ufe, or a common Reco-them to warrant the Land unto him; and if the
very, which is the A&t of the Party. 1 Inft. 370. Land be recovered from him, he fhall recover as
3 Rep. 62. Tho' if the Eftate the Warranty is an- much Lands in Value against the Warranter, &c.
nexed to be ſpent, the Warranty is gone: So if a But the Warrantia Charte ought to be brought by
Feoffment with Warranty be made to two or more, the Fcoffee depending the firft Writ against him,
and they being Jointenants, do after by Deed make or he hath loft his Advantage. F. N. B. 134. Terms
Partition. But where one enfeoffs two Men and de Ley 372, 588. And if a Perfon doth infcoff an-
their Heirs, and a Feoffment is made in Fee by one other of Lands by Deed with Warranty, and the
of them; the other may notwithſtanding have the Feoffee maketh a Feoffinent over, and taketh back
Benefit of the Warranty. 10 Rep. 96. 6 Rep. 12. an Eltate in Fee, the Warranty is determined
1 Inft. 385. Two Perfons make a Feoffment with and he fhall not have the Writ Warrantia: Charta,
Warranty, the Survivor fhall not be charged alone, becauſe he is in of another Eftate: Alſo where one
without the Heir of the other; and if both die, makes a Feoffment in Fee with Warranty againſt
the Heirs of both fhall be equally bound. Rep. 14. him and his Heirs, the Fcoffee fhall not have a
All Warranties before the Statute of Gloucester, which Warrantia Charte upon this Warranty against the
defcended to thofe who were Heirs to the Warran- Feoffor or his Heirs, if he be impleaded by them;
tors, were Bars to the fame Heirs to demand any but the Nature of it is to rebut against the Feoffor
of the Lands; except the Warranty began by Diffei- and his Heirs. Dalt. 48. 2 Lill. Abr. 684. This Writ
fin: That Statute hath ordained, that the Warranty may be fucd forth before a Man is impleaded in
of the Father ſhall be no Bar to his Son for the any Action, but the Writ doth fuppofe that he is
Lands which come by the Heritage of the Mother; impleaded; and if the Defendant appear and fay,
nor the Warranty of the Mother be binding to the that he is not impleaded, by that Plea he confeffeth
Son for the Lands which come by the Heritage of the Warranty, and the Plaintiff fhall have Judg-
the Father; but neither the Statute 11 Hen. 7. c. 20.ment, &c. and the Party fhall recover in Value
or any other Statute hath provided any Remedy a-
gainst a collateral Warranty; therefore fuch Warran-
ty is yet in Force, and fhall be a Bar to the Iffue in
Tail. Litt. Terms de Ley 370, 371. But by the 4
& 5 Ann. for Amendment of the Law, Warranties made
by Tenant for Life, of any Lands, coming or de-
fcending on him in Reverfion or Remainder, fhall
be void; and all collateral Warranties made of any
Lands, c. by any Anceftor, who hath not an Eftate
of Inheritance in Poffeffion therein, fhall be alfo
void againſt the Heir. If Lands are held of a Man
and his Heirs, by certain Service, without any
Claufe of Warranty, they are bound to Warranty:
But when the Deed is Dedi & conceffi, &c. to be
holden of the Chief Lord of the Fee, or of others,
and not the Feoffors and their Heirs, referving no
Service, and without the aforefaid Claufe; here
the Heirs of the Fcoffor fhall not be bound to War-
ranty. Stat. 4 Ed. 1. A Warranty according to Law
is intire, and extends to all the Lands, and is a Bar
to every Perfon on whom it defcends; and where
feveral have a Right, jointly or feverally, every
one of them are barred: Though there is this Dif-
ference as to Warranties; where the Entry is gone,
and only a Right of Action is left, there a Warran-
ty defcending upon the Heir at Law, fhall bind:
And where there is a Right of Entry, it ſhall not
bind. 8 Rep. 54. 2 Lill. Abr. 684. And if any Per-
---
3
·
If a
of the Lands against the Vouchee, which he had at
the Time of the Purchaſe of his Warrantia Charta ;
and therefore it may be good Policy to bring it
against him before he is fued, to bind the Lands
as he had at that Time; for if he have aliened
his Lands before the Voucher, he fhall render
nothing in Value. New Nat. Br. 298, 299.
Man recover his Warranty in Warrantia Charta,
and after he is impleaded; he ought to give Notice
to him against whom he had recovered, of the
Action, and pray him to fhew what Plea he will
plead, to defend the Land, &c. And where one
upon a Warranty doth vouch and recover in
Value, if he is then impleaded of the Land re-
covered, he may not vouch again, for the Warran-
ty was once executed. 23 E. 3. 12. In a Warranty
to the Feoffee in Land, made by the Feoffor; upon
Voucher if Special Matter be fhewed by the Vou-
chee, when he entered into the Warranty, viz.
That the Land at the Time of the Feoffment was
worth only 100% and now at the Time of the
Voucher it is worth 2001 by the Induftry of the
Feoffee; the Plaintiff in a Warrantia Charte, &c.
fhall recover only the Value as it was at the Time
of the Sale. Fenk. Cent. 35. If the Vouchee can
fhew Caufe why he ſhould not Warrant, that muft
be Tried, &c.
Form
WA
WA
Form of a Writ de Warrantia Charte.
EORGE the Second, &c. To the Sheriff of W.
Greeting: Command A. B. that juftly, &c. be
warrant to C. D. ore Meſſuage with the Appurtenances
in S. which he holds, and claims to hold of him, whereof
he hath his Deed or Charter of Feoffment, as he faith;
and unless, &c. then Summon the faid A. &c.
A.
The Count or Declaration in this Writ.
:
the Soil of the Party, he hath a Property in them
by Reafon of the Poffeffion, and Action lies for
Killing them; but if they run out of the Warren,
and eat up a Neighbour's Corn, the Owner of the
Land may kill them, and no Action will lie. 5 Rep.
104. 1 Cro. 548. In Walte, c. againſt a Leffee of
a Warren, the Wafte affigned was for ftopping Coney-
Boroughs; and it was held, that this Action did
not lie, becauſe a Man cannot have the Inheritance
of Conies; and Action may be brought against him
who makes Holes in the Land, but not against him.
that tops them, by Reafon the Land is made ber-
ter by it. Owen 66. 3 Nelf. Abr. 530.
Warlcot, Was a Contribution ufually made to-
wards Armour, in the Times of the Saxons. Leg.
Canut.
Warth, A cuftomary Payment for Caftle Guard.
Blount's Ten. 60.
Math, A Shallow Part of a River, or Arm of
the Sea; as the Washes in Lincolnshire, &c, Knight.
1346..
Epiphany.
B. was fummoned to Anfwer C. D. of a Plea,
that he warrant to him one Meffuage, with the
Appurtenances, in S. which he holdeth, and claimeth to
hold of him, and whereof he hath his Deed, &c. And
whereupon the faid C. in his proper Perfon faith, that
whereas the faid A. was feifed of the Meffuage afore-
faid, with the Appurtenances, in his Demefne as of Fee,
and being fo thereof feifed, by his certain Deed or Charter
of Feoffment, which the faid C. brings here into Court, Waffaile, (Sax.) A feftival Song, heretofore
whofe Date is the, &c. granted, bargained and fold, refung from Door to Door, about the Time of the
leafed, enfeoffed and confirmed to the faid C. the Mef
fuage aforefaid, with the Appurtenances, among other Wale, (Vaftum) Is where any Spoil or Deftruc-
Things, by the Name of, &c. To have and to hold to tion is made in Houfes, Lands, Woods, c. by Tc-
the faid C. his Heirs and Affigns for ever; and bound nants to the Damage of the Heir, or him in Re-
himſelf and his Heirs to warrant to the fame C. his verfion or Remainder: Whereupon the Writ or
Heirs and Affigns, the Meſſuage aforesaid, with the Ap-Action of Waste is brought for Recovery of the
purtenances, against all Men for ever, by the faid Deed, Thing wafted, and Damages. Kitch. 168. Waste in
as by the fame Deed more fully appears: By Virtue of another Signification is taken for thoſe Lands which
which Grant and Deed of Feeffment, the faid C. was are not in any Man's Occupation, but lie Common;
Seifed of the Said Meffuage, with the Appurtenances, in which are fo called, becaufe the Lord cannot make
bis Demefne as of Fee; and being fo feifed thereof, one fuch Profit of them as of other Lands, by Reafon
E. D. brought against him the faid C. an Affife of of that Ufe which others have thereof in paffing
Novel Diffeifin of the Meluage aforefaid, with the to and fro, &c. but upon this none may build,
Appurtenances, before Sir F. P. and Sir J. F. Fuftices cut down Trees, or dig, without the Lord's Li-
of the Lord the King, affigned to take the Affifes in the cence. Co. Lit. And Year, Day and Waste is a
County aforefaid; which faid Affife then and there de- Punishment or Forfeiture belonging to Petit Trea-
pending, the faid C. often required the faid A. that he fon and Felony. S. P. C. lib. 3. Wafte is faid to be
would warrant to him the faid C. the Meffuage afore- voluntary, where the Tenant doth it willingly, as if
faid, with the Appurtenances: Nevertheless the faid A. he pull down the Houfes, &c. or Permiffive and
bath hitherto denied to warrant to the faid C. the faid Negligent, when he fulfers it to be done: And the
Meffuage, with the Appurtenances, and ftill denieth to do Writ alfo that is given for Relief, is either in the
the fame; whereupon he faith, that he is the worse, and Tenet, where it is brought againft him who hath
bath Damage to the Value of Twenty Pounds, and there- and continueth in the Eftate; or in the Tenuit,
fore he brings his Suit, &c.
being against him that had fuch an Estate, but now
it is ended. 1 Inft. 53, 57. A&tion of Waste is
maintainable against Tenant by the Curtely, in
Dower, for Life, or Years, and treble Damages,
recoverable by the Stat. Gloc. 6 Ed. 1. 6. 5.
this Action may be brought by the Heir for Wafte
done in his Anceſtor's Time: And be maintain❜d by
the Reverfioner againft Tenant for Life or Years,
that aliens his Eftate to a Stranger, who afterwards
commits Waste, fuch Tenant ftill receiving the
Warren, (Warrenna, from Germ. Wahren, i. c. Profits; alfo by one Tenant in Common againſt an-
Cuftodire, or the Fr. Garenne) Is a Franchife, or other. 13 Ed. 1. 20 Ed. 1. 11 H. 6. c. 5. At Com-
Place privileged, by Prefeription or Grant from mon Law, there is a Writ of Waste, for Waste done
the King, for the Keeping of Beafts and Fowls of by Tenants in Dower, or by Guardians; and by
the Warren; which are Hares and Conies, Par- Statute, the A&tion of Waste lies against Tenants
tridges, Pheaſants, and fome add Quails, Wood- for Life, or Years, &c. But not against Tenant
cocks and Water-Fowl, &c. Terms de Ley.589. 1 Inft. by Statute-Merchant, Staple or Elegit, they not
233. A Perfon may have a Warren in another's being Tenants for Years; though Trefpafs lieth a-
Land, for one may alien the Land, and referve the gainft them, or Covenant for voluntary Waste: It
Franchife: But none can make a Warren, and ap- lies not against Tenant after Poffibility of Iffuc ex-
propriate thofe Creatures that are Fera Nature, tin&t; and the Stat. 13 Ed, 1. extends to Jointenants,
without Licence from the King, or where a War- but not to Coparceners. 1 Inft. 54, 200. 2 Inft. 299.
ren is claim'd by Prefeription. 8 Rep. 108. 11 Rep. When Action of Waste is brought against any one
87. A Warren may lie open; and there is no Ne in the Tenuit, Damages are only to be recovered,
ceffity of Inclofing it, as there is of a Park. 4 Inft. and not the Place wafted; but when brought in the
318. If any Perfon offend in a free Warren, he is Tenet, then both are recoverable. 6 Rep. 44. 3 Nelſ.
punishable by the Common Law, and by Stat. 21 Abr. 532. If Tenant by the Curtefy, or in Dower,
Ed. 3. And if any one enter wrongfully into any affign their Eftate to another, the Heir fhall have
Warren, and chafe, take or kill any Conies, without Action of Wafte against them for Waste done after
the Confent of the Owner, he fhall forfeit treble the Affignment; for notwithstanding the Affign-
Damages, and fuffer three Months Imprifonment, ment, the Privity of Eftate ftill remaineth; but if
&c. by 22 & 23 Car. 2. c. 25. When Conics are on the Heir grant over his Reverſion, then the Privity
Don
Warrantia Diei, Is an ancient Writ lying where
one having a Day affign'd perfonally to appear in
Court to any Action, is in the mean Time imploy'd
in the King's Service, fo that he cannot come at
the Day appointed: And it is directed to the Ju-
ftices to this End, that they neither take nor re-
cord him in Default for that Time. Reg. Orig. 18.
F. N .B. 17.´ See Effoin.
C.
5
:
1
And
of
+
1
1
WA
WA
¡
:
of Eftate is gone, and he cannot bring Waste a- down by Tempeft, or be burnt by Lightning, or
gainst them. 3 Rep. 9 Rep. 138. Tenant by Curtefy, proftrated by Enemies, or the like, without any
in Dower, for Life, Years, c. muft anfwer for Default of the Tenant; or was ruinous at his Com-
the Waste done by themselves, or a Stranger;ing in, and fall down, the Tenant may build the
being left to take their Remedy against the Stran- fame again with fuch Materials as remain, and with
ger, if he did Waste. 1 Inft. 54. 2 Inft. 145. If a other Timber, which he may take growing on the
Leafe be made for Life to one, the Remainder in Ground, for his Habitation, and it will be no Waste;
Tail to another, the Remainder in Fee to Leffee but he must not make the Houfe larger than it was:
for Life; and the Tenant for Life doth Wafte, he If the Houſe be uncovered by Tempeft, the Tenant
in the next Remainder may have the Action a-muft in convenient Time repair it, or 'twill be
gainst him. I Rep. 45. A Leafe was granted to A. Wafte; and though there be no Timber growing.
for Life, Remainder to B. in Tail, Remainder to upon the Ground, 'tis faid the Tenant muft at his
the right Heirs of B. who bargains and fells all his Peril keep the Houfes from Wafting. 1 Inft. 53. To
Eftate to D. and then A. commits Wafte; in this convert a Brew-houfe into Tenements, although of
Cafe D. may not have this Action, becauſe he hath a greater Value is Wafte: And if a Corn-mill be
no Eftate but for the Life of the Grantor, as to converted into a Fulling-mill, &c. it will be Wafte
the Remainder in Tail; and the Fee-fimple paffeth in the Leffee; for Things must be used in their
not till the Tail is fpent. 1 Leon. 88. 4 Shep. Abr. natural and proper Manner, and not be altered. I
230. There is Tenant for Life, the Remainder to Lev. 309. Cro. Fac. 182. The taking away or break-
another for Years, the Remainder to a third in Fee, ing down Wainfcot, Doors, Windows, Benches, or
or in Tail to him, or a third hath the Reverfion; Coppers fixed to the Houfe, is Wafte: Though a
if the Tenant for Life doth wafte, Action may be Diftin&tion has been made between outer Doors,
brought against him prefently: But 'tis faid Exe- and inner Doors, put up by the Leffee, after the
cution for the Place wafted, cannot be had till the Commencement of his Term; the taking away of
Leafe for Years be ended. 5 Rep. 75. F. N. B. 59. one at the End of the Term being adjudg'd Waste,
If there be Tenant for Life, Remainder for Life, and the other not fo. 1 Inst. 53. Moor 177. And
Remainder in Fee, and Tenant for Life commits although where any of thefe are fixed by the Leſ-
Waste; the Remainder-man for Life dies, or fur- for it is Waste in the Leffee to take them away;
renders his Eftate, in the Life-time of Tenant for yet when they are fet up by the Leffee, it hath
Life, then and not before, he in Remainder in been lately held, that they may be taken down by
Fee may bring Waste against Tenant for Life; be- fuch Leffec before the End of his Term, fo as he
cauſe their being an intermediate Eftate for Life, do not thereby weaken the Freehold, but leave the
it is not ad exhareditationem of him in Remainder, fame in as good Plight as it was at the Time he
5 Rep. 76.
A Man makes a Feoffment in Fee, to fixed them. I Salk. 368. The Felling of Timber-
the Uſe of himſelf for Life, and after his Deceafe Trees, whether Oak, Afh, or Elm, or other Trees
to the Ufe of A. B. and his Heirs; if the Feoffor in fome Counties reputed Timber, or Topping them
commits Waste, it has been held, that the Feoffee to fell, or any other Intent but for Repairs of the
fhall have a fpecial Writ againft him. Hetl. 79. In Houfe, it is Wafte; It is the fame if young Trees are
Action of Waste, if the Defendant plead he repaired cut where there is other Timber. i Inft. 53. Tim-
before the Action brought, 'tis a good Plea, but not ber is Parcel of the Inheritance, and referv'd by
afterwards. Jones 144. And this Plea acknowleges a Law to the Leffor: Therefore if it be cut down
Wafte; though by the Plea Non fecit Vaftum nothing by a Leffee, the Leffor may take it away; and the
is admitted. Dyer 276. 2 Lutw. 1539. Where the Leffee having an Intereft only in Trees while ftand-
Defendant in a Writ of Waste, lofeth by Default at ing, as in the Fruit, Shrowd, Shadow, &c. on this
the Grand Diftrefs, Inquiry fhall be made of the Account if he cuts down Timber-Trees, or doth any
Waste, and to what Damages; but if he lofes by other A&t whereby they may decay, it is Wafie: And
Nil dicit, &c. the Wafte is acknowledg'd, and it fhall if the Leffee has covenanted to leave the Wood in as
not be inquired of. 2 Lill. Abr. 686, 689. Not only good Condition at the End of the Term as he found
all voluntary but permiffive Wafte is punishable; it, the Leffor fhall preſently have an Action of
but this Action ought to be brought by one who Covenant for Cutting down the Timber; for now
hath the immediate Eftate and Inheritance in Fee-it is not poffible for him to perform his Agreement,
fimple, or Fee-tail; and not by Tenant for Life or to leave the Wood as he found the fame: But
Though a Parfon may have Action of Wafte; and 'tis otherwife, if during the Term the Leffee doth
a Tenant by the Curtefy and Heir may join in this Wafte in Houſes; for thofe may be repaired before
Action; and the Tenant fhall have Locum Vaftum, the Term expires. 2 Rep. 62. 5 Rep. 11, 21.7 Rep.
and the Heir have Damages. If Leffee for Years 15. If Timber Trees be growing in the Hedges of
doth Waste and dieth, an Action of Waste doth not a Field or Clofe, and the Leffee cutteth them down,
lic against his Executor or Adminiftrator, for Wafte the Field fhall not be forfeited in an Action of Wafte
done before their Time. Wood's Inft. 304, 548. brought against the Leffee; but if the Trees cut
1 Leon. 48. Wafte may be committed in Houfes, by did grow fcatteringly throughout the Field or Cloſe,
pulling them down, or fuffering them to be un- the whole Field is forfeited by Cutting them down.
covered, whereby the Timber becomes rotten: But 2 Lill. Abr. 686. Where Waste is done in Woods, fo
if the Houſe was uncovered when the Tenant enter- much fhall be recovered wherein the Waste is done;
ed, it is no Waste in the Tenant to fuffer the Houſe and fo it is in Houſes: Though if the Waste be done
to fall down. 1 Inft. 53. 2 Inft. 145. To pull down here and there through the Whole, all fhall be
a Houſe, unless the fame be ruinous, and in order recovered. 1 Inft. 54. 2 Inft. 303. To cut Willows,
to rebuild it of the fame Dimenfions, is Wafte: So Beech, Maple Trees, &c. ftanding in Defence of a
it is if the Tenant builds a new Houfe; and if he Houfe, or planted for Fencing a Manor, is Wafte:
fuffers it to be wasted, it is a new Waste. 1 Inft. 53. So the Cutting down of Fruit-Trees, if they grow
But it has been held, that to build a new Houfe is in an Orchard or Garden, although the fame be
not Wafte; though to take Timber, either for the ufed in Reparations of the Houfe, &c. But it is
Building or Repairing fuch a Houfe is Wafte. Hob. not fo if they grow in a Field. 1 Inft. 53. A Tenant
234. To permit a Houfe to be burnt by Negligence may cut down Underwood; though where the Law
c. if the Tenant do not repair it, 'tis Waste: But hath appointed a Time for Tenant for Life to fell
if the Houſe be deftroyed by Lightning, Tempefts, Underwood, and 'tis not done in that Time, if he
Floods, or Enemies, without any Poffibility of the do it afterwards 'tis Wafte: And if a Tenant fuffer
Leffee's Preventing it, this is no Waste in the Lef the young Germins to be deftroyed, or ftubs them
fec. Kelw. 87. 1 Inft. 53. And if the Houfe fall up, it will be Wafte; as is likewife Stubbing up a
Quickfet
:
·
9 R
1
WA
WA
1
A Leale, without Impeachment of Wafe, takes off
all Reſtraint from the Tenant of doing it; and he
may in fuch Cafe pull up, or cut down Wood or
Timber, or dig Mines, &c. at his Pleaſure, and not
be liable to any A&tion. Plowd. 135. But though
the Tenant may let the Houſes be out of Repair,
and cut down Trees, and convert them to his own
Ufe; where a Tenant in Fee fimple made a Leaſe
for Years, without Impeachment of Waste, it was ad-
judg'd that the Leffor had ſtill fuch a Property, that
if he cut and carried away the Trees, the Leffee
could only recover Damages in Action for the Tref
pafs, and not for the Trees: Alfo it hath been held,
that Tenant for Life, without Impeachment of Waste,
if he cuts down Trees, is only exempt from an Ac
tion of Waste, &c. 11 Rep. 82. 1 Inst. 220.
I
2 Inft.
146. 6 Rep. 63. Dyer 184.
146. 6 Rep. 63. Dyer 184. And if the Woods ar
To hold without Impeachment of any Writ or Action of
Waste, the Leffor may feife the Trees, if the Leffee
cuts them down; or bring Trover for them. Wood's
Inft. 551. The Claufe, without Impeachment of Waste,
is common in Leafes made on Settlements; and on
the other Hand it is as common to provide againſt
Waſte by Tenants, where it is not allow'd by Con-
dition, Covenant, &c.
Quickfet Hedge, &c. 1 Inft. 53, 88. 3 Nelf. Abr. | fummon by good Summoners C.D. that he be before our Fu-
540. Cutting down green Wood, where there is ftices, &c. to fhew why, whereas by the Common Council
dry; or more Fire-bote than is neceffary, is Wafte: of this Kingdom of England, it is provided, that it shall
But Tenants may take fufficient Wood to repair the not be lawful for any Man to commit Waſte, Spoil, or
Pales, Hedges and Fences; and what is called Destruction in Lands, Houfes, Woods or Gardens to him
Plough-bore, Fire-bote, and other Houfe-bote. 1 demifed for Term of Life or Tears; the faid C. in a
Inf. 53. The Ploughing of Lands that have not Houfe, Lands and Woods at W. which he holds for the
been ploughed up Time out of Mind, is Wafte; it Term of his Life, of the Demife of the faid A. bath
is alfo Waste to plough up Woodlands: Though the made Wafte, Spoil, and Destruction, to the Difinheriting
letting arable Lands lie unploughed is not Waste. of him the the faid A. and against the Form of the Pro-
1 Inft. 53. Dyer 37. It has been obferv'd, that if a vision aforesaid, &c.
Tenant converts arable Land into Wood, Wood into
arable Land, or Meadow into Arable, Arable into
Meadow, or Paſture in Arable; theſe are Wafte:
For they not only change the Courfe of Husbandry,
but alfo the Proof of the Landlord's Evidence of
his Eftate. 1 Inft. 53. If antient Meadow Ground,
or Brook Meadow is ploughed up, it is Wafie: But
where Meadow Ground hath been at any Time
arable, or ſometimes Meadow, and fometimes Pa-
fture; it will be no Wafte to plough it up. 2 Roll
Abr. 814. A Leffee for Years converted a Meadow
into a Hop-Ground, and adjudg'd no Wafte; becauſe
it may be eafily made Meadow again: But con-
verting it into an Orchard is Wafte; though it may
be more profitable. 2 Leon. 174. It is Waste to fuf-
fer a Wall of the Sea to be in Decay, fo that the
Meadow Ground is furrounded with Water, and ren-
dered unprofitable; though if the Land be overflow'd
fuddenly by the Violence of the Sea, occafion'd by
Tempeft, it is not punishable as Wafte: The fame
Law is as to the Repairs of Banks or Walls against
Rivers; where the Meadows receive Damage. I Inft.
53. The not Scouring of a Mote or Ditch, by Rea
fon whereof the Groundfils of the Houfe are rot-
ten, is Wafte. Owen 43. The Digging for Lime,
Clay, Brick, Earth, Stone, or the like; or Mines
of Metal, Coal, &c. hidden in the Earth, and that
were not open when the Tenant came in, is Wafte:
But the Tenant may dig Gravel, Clay, Earth, c.
for Reparations of the Houfe; as well as he may
take convenient Timber. 1 Inft. 54, 5 Rep. 12. To
deſtroy Conies, and dig up their Boroughs, is no
Waste. Noy 70. Deftroying Deer in a Park, Doves
in a Dove houſe, or Fiſh in a Pond; or if fuch
fufficient Stores be not left by the Leffec, as he
found when he entered on the Land, it is Wafte:
And fo is doing any Thing by which the Leffor is
abridg'd of his annual Profits, &c. 1 Inft. 53. Ac
tion of Waste lies in any of the foregoing Inftances;
and before any Waste is done, a Prohibition may be Watch, Is to ftand Sentry or attend as a Guard,
had directed to the Sheriff not to permit it; or her. And Watching is properly for Apprehending of
in Remainder, &c. may have an Injunction out of the Rogues in the Night, as Warding is for the Day;
Chancery to ftay the Waste, and enter a Houfe or and for Default of Watch and Ward, the Township
Lands to fee if Waste is committed, &c. F. N. B. 55. may be punish'd. In all Towns, &c. between the
1 Inft. 53. 2 Inft. 146, 306. 11 Rep. 49. The Pro-Day of Afcenfion and Michaelmas-Day, Night-Watches
cefs incident to Action of Waste, is firft a Writ of are to be kept, in every City with fix Men at every
Summons made by the Curfitor of the County where Gate; and fix or four in Towns; and every Borough
the Land lies, and on the Return of this Writ the fhall have twelve Men to watch, or according to the
Defendant may Effoin, and the Plaintiff adjourn, &c. Number of the Inhabitants of the Place, from Sun-
Then a Pone is to be made out by the Filizer of the fetting to Sun-rifing; who are to arrest Strangers
County, on the Return of which a Diftringas iffues fufpected, and may make Hue and Cry after them,
for the Defendant to appear, and upon his Appear- and juftify the Detaining them until the Morning:
ing the Plaintiff declares, and the Defendant pleads, And Watches fhall be kept on the Sea-Coafts, as they
&c. Or if the Defendant makes Default, a Writ have been wont to be. Stat. 13 Ed. 1. c. 4. 5 H. 4.
of Enquiry goes to the Sheriff to inquire by the c. 3. Every Juftice of Peace may caufe thefe
Oath of twelve Jurors, what Damage the Plaintiff Night-Watches to be duly kept; which is to be com-
hath ſuſtained, and then the Party hath Judgment
to recover the Treble of it; alfo after Judgment
entered, a Writ of Seifin is awarded to the Sheriff to
give Poffeffion to the Plaintiff of the Place wafted.
Comp. Attorn. 250, 251, 258, 259. And a Plaintiff
ſhall have Cofts in all Actions of Waste, where the
Damages found do not exceed twenty Nobles, which
he could not by the Common Law. Stat. 89
W. 3. c. 11. A common Writ of Wafe is of this
Form. GEORGE the Second, &c. To the Sheriff
of S. Greeting: If A. B. fhall fecure you, &c. then
I
*
Maftel-Bowl, (From the Sax. Waf-heal, i. e.
Health be to you) A large Silver Cup or Bowl,
wherein the Saxons, at their Entertainments, drank
a Health to one another, in the Phrafe of Wafs-
heal: And this Wastel or Wafs heal Bowl, was fet at
the upper End of the Table in Religious Houſes
for the Ufe of the Abbat, who began the Health or
Poculum Charitatis to Strangers, or to his Fraternity.
Hence Cakes and fine white Bread, which were
ufually fopped in the Waffel-Bowl, were called Waf
tel-Bread. Matt. Parif. 141.
Waltors, Were a Kind of Thieves fo called ;
mentioned among Robbers, Draw-Latches, &c. Stat.
4 Hen. 4. c. 27.
pofed of Men of able Bodies, and fufficiently wea-
pon'd: And none but Inhabitants in the fame Town
are compellable to watch, who are bound to keep
in Turn; or to find other fufficient Perfons for
them, or on Refufal are indictable, &c. Co. Litt. 70.
Cro. Eliz. 204. By a late Statute, the Watch of St.
James's Parish, and Hanover-Square are regulated;
the Veftry to chufe a fufficient Number of Watch-
men, and one Beadle for each Ward, and appoint
Stands, and what Wages or Allowances fhall be made
them; and may make Orders for their better Go-
vernment,
?
WA
WA
1:
vernment, &c. The Watchmen fhall apprehend all
Rogues, Vagabonds, and other Disturbers of the
Peace, and deliver them to the Conftable of the
Night, in order to be carried before a Justice, &c.
Veftries may affefs Houfes, to defray the Charge of
Watchmen and Beadles, not exceeding 4d. in the
Pound of yearly Value, and Collectors to Account,
&c. Stat. 8 Geo. 2. c. 15. The like particular A&ts,
for regulating the Nightly Watch in the Parishes of
St. Martin in the Fields; St. Paul Covent Garden, St.
Margaret and St. John the Evangelift, and St. Anne,
within the Liberties of Westminster; alfo Conftables
fhall twice or oftner every Night, go about their
Pariſhes, and with the Watchmen ufe Endeavours to
prevent Firés, Murders, and Robberies, &c. and
to that End apprehend Malefa&tors, fufpected Per-
fons, &c. 9 Geo 2. c. 8. 13, 1-7, & 19. The Wat.h
of the Parish of St. Andrew Holborn in the County of
Middlefex, to be under the fame Regulation, by
Stat. 10 Geo. 2. c. 25. Watchmen in the City of Lon-
don, fee Conftables of London.
Watches, made by Artificers, are to have the
Makers Names, c. under the Penalty of 201.
Stat. 9 & 10 W. 3. c. 28.
them for their Labour, and apply the Overplus
of the Money to the poor decay'd Watermen: And
where Perfons travel on a Sunday with Boats, they
are to be Licensed and allowed by a Justice on
Pain of forfeiting 5. 11 & 12 W. c. 21. No
Perfons working any Wherry Boats, or Barges on
the River Thames, fhall take an Apprentice or Ser-
vant, but fuch Watermen as are Houfe-keepers, &c.
on Pain of 101 And no Apprentice fhall take up-
on him the Care of any Boat till he is 16 Years of
Age, if a Waterman's Son, and 17, if a Landman's;
unless he hath worked with fome able Watermen for
two Years, under the Penalty of 10 s.
And if any
Perfon not having ferved feven Years to a Water-
man, &c. row any Boat on the faid River for Hire,
he fhall forfeit 10 But Gardeners Boats, Dung-
Boats, Fishermen, Wood Lighters, Weftern Barges,
c. are excepted. The Penalties to be levied by
Diftrefs, for want of which the Lord Mayor, or a
Juftice of Peace, may commit the Offenders to the
Houſe of Correction for any Time not exceeding a
Month, nor less than 14 Days, &c. Stat. 2 Gro 2.
c. 26. Watermen uſing Boats, c. upon the Thames,
are not to take any Apprentice under 14 Years old,
who fhall be bound for feven Years, and inrolled in
the Book of the Watermen's Company, on Pain of
10%. And no more than two Apprentices to be taken
one Time, when the firft hath ferved four Years,
under the like Penalty. No Tilt-Boat, Rowbarge,
c. Thall take in above thirty feven Paffengers,
and three more by the Way; nor any other Boat
above eight Paffengers, and two by the Way, on
Forfeiture of 51. for the first Offence, and 10l. for
the Second, &c. And in Cafe any Perfon be drown-
ed, where a greater Number is taken in, the Wa
termen to be guilty of Felony, and tranfported: Al-
Water-gage, A Sea Wall or Bank, to reftrain the fo Tilt-Boats ufed between London Bridge and Gravef
Current and Overflowing of the Water: And it fig-end fhall be 15 Tuns, and not under, and the other
nifies an Inſtrument to gauge or meaſure the Quan- Boats 3 Tuns. And Rulers of the Company of
tity or Deepness of any Waters.
Watermen are to appoint two Officers, one at Bil
lingfgate at high Water, and another at Gravesend, to
ring a Bell for the Tilt-Boats, &c. to put off; and
they not immediately proceeding in their Voyage
with two fufficient Men, fhall forfeit 51. leviable
on their Boats, Tackle,&c. Perfons navigating flare
bottom'd Boats or Barges, not fubject to the Pe-
nalties of the A&t 10 Geo. c. 31. The Fares of Wa-
termen affefs'd by the Court of Aldermen, are from
Water-measure, Is greater than Winchefter mea- London-Bridge to Limehoufe, Ratcliff Crofs, &c. Oars
Juve, and ufed for felling of Coals in the Pool, &c. 1s. Skullers 6d. Wapping Dock, Rotherhith Church
mentioned in the Stat. 22 Car. 2.
Stairs, &c. Oars 6 d. and Skullers 3 d. From either
3
Al-Side of the Water above the Bridge to Lambeth and`
Vaux-Hall, Oars 1 s. Skullers 6 d. All the Stairs
between London Bridge and Westminster, Oars 6 d.
and Skullers 3 d.
tater, In which are included navigable Rivers
and Streams, the Statutes relating to. Vide Rivers.
Water-Bailiff, An Officer in Port Towns, for
the Searching of Ships. Alfo in the City of Lon-at
don, there is a Water Bailiff who hath the Supervi-
ling and Search of Fifh brought thither; and the
Gathering of the Toll arifing from the Thames:
And he attends on the Lord Mayor, having the prin-
cipal Care of Marshalling the Guefts at his Table;
and arrefts Men for Debt, or other Perfonal or
Criminal Matters upon the River of Thames. 28
H. 6. c. 5.
-
Water-gang, (Watergangium) Is a Saxon Word
for a Trench or Courſe to carry a Stream of
Water; fuch as are commonly made to drain
Water out of Marshes. Ordin. Marifc. de Romney
Chart H. 3..
Water-gabel, Was a Rent paid for Fishing in,
or other Benefit receiv'd from fome River. Chart.
15 Hen. 3.
Water-Dideal, A Way of Purgation ufed by the
Saxons. See Ordeal.
Waterscape, (From the Sax. Waeter, Aqua, &
Schap, ductus) An Aqueduct, or Paffage for
Water.
Matermen. The Lord Mayor and Court of
dermen in London, have a great Power in the Go-
vernment of the Company of Watermen, and ap-
pointing the Fares for Plying on the Thames; and
the Juftices of Peace for Middlefex, and other ad-
joining Counties, have likewife Authority to hear
and determine Offences, &c. Watermens Names are
to be registred; and their Boats be twelve Foot
and a Half long, and four Foot and Half broad, or
be liable to Forfeiture: And Watermen taking more
than according to the Fares affefs'd, fhall forfeit
40 s. and fuffer Half a Year's Imprisonment; and
refufing to carry Perfons for their Fare, be impri-
foned for twelve Months: Alfo none fhall ply on the
River, but fuch as have been Apprentices to Water-
men for ſeven Years, &c. Stat. 2 & 3 P. & M. c. 16.
29 Car. 2. c. 7. The Lightermen on the Thames, and
Watermen are made a Company; and the Lord
Mayor and Aldermen are yearly to ele&t Eight of
the best Watermen, and Three of the beft Lighter- c. 30. 39 Eliz. c. 2.
men to be Overfeers and Rulers; and the Watermen Mabefon, Is uſed for fuch Goods as after Ship-
to chufe Affiftants at the Principal Stairs, for pre-wreck do appear Swimming on the Waves. Chart.
ferving good Government; and the Rulers and 18 Hen. 8. See Fetfon.
Watling-Greet, Is one of thofe four Publick
Ways, which the Romans are faid to have made
here: This Street is otherwife called Werlam Street.
It leads from Dover to London, and thence to the
Severn, near the Wrekin in Shropshire, extending it
felf to Anglefey in Wales. The other three Ways
were called Ikenild freet, the Foffe and Erminage-street:
And by the Laws of King Edward the Confeffor, theſe
four Ways had the Privilege of Pax Regis. Ho
veden 248. Hollingh. Chron. c. 19. Leg. W. 1.
Affiftants may make Rules to be obferv'd under Max-chandlers. Juftices of Peace fhall examine
Penalties, &c. The Rulers on their Court-Days,
fhall appoint forty Watermen to ply on Sundays, for
Carrying Paffengers cross the River; and pay
the Goodness of Wax Candles; and Chandlers are to
take but 3d. a Pound for the Candles, &c. more than
the common Price of the Wax, on Pain of Forfeiture
and
}
WE
!
WH
and to be fined by the Juftices, &c. Stat. 11 H. 6.
c. 12. Wax-Chandlers mixing with their Wax, Tal-
low or other dèceitful Stuff, ſhall forfeit the Can-
dles; and they are to have Stamps or Marks, which
fhall not be counterfeited under Penalties, &c.
23 Eliz. có 8.
arfcot, (Ceragium) A Duty anciently paid
twice a Year towards the Charge of Wax Candles
in Churches.
-Tributum quod in Ecclefiis pen-
debatur ad fubminiftrationem Cera & Luminarum.
Spelm.
May, (Via) A Paffage, Street, or Road. Litt.
And where a Man has a Way to his Clofe, he can-
not go further without a Prefcription; but 'tis held
if he go to a Mill or Bridge, it may be otherwife. I
Ld. Raym. 75. See Highway.
twenty-four Droits a Mite, twenty Perits a Droit,
and twenty-four Blanks a Perit: And the Troy-weight
is faid to be 20s. Sterling in the Pound; and the
Averdupois-weight 25 s. Sterling. 4 Shep. Abr, 194.
Fleta mentions a Weight, called a Trone-weight, being
the fame with what we now call Troy-weight; and
according to the fame Author, all our Weights have
their firft Compofition from the Penny Sterling,
which ought to weigh thirty-two Wheat-Corns of
the middle Sort; twenty of which Pence make an
Ounce, and twelve fuch Ounces a Pound; but fif
teen Ounces make the Merchant's Pound. Fleta, lib.
2. c. 12. By Magna Charta, 9 H. 3. c. 25. 14 Ed. 3.
c. 12. 25 Ed. 3. c. 10. 27 Ed. 3. &c.
There is to
be but one Weight, c. throughout the Kingdom;
but this is to be understood of the fame Species of
Goods, otherwife the Troy and Averdupois. Weights
would not be permitted. Every City, Borough and
Town, fhall have a common Balance, with common
cal-Weights fealed; on Pain of 101. the City, 57. the
Borough, and 40 s. the Town. 8 H. 6. c. 5. But on-
ly Cities and Market Towns are injoined to have
common Balances, Weights and Meaſures, by 11 H. 7.
c. 4. And by this Statute, Weights are to be mark'd
by the Chief Officers of Places, and Sealed, &c.
Refufing or delaying to do it, is liable to a Penalty
of 40 s. And allowing Weights not agreeable to the
Standard, incurs a Forfeiture of 51. &c. And the
Mayors and fuch Officers are once a Year to view
all Weights and Meaſures, and burn and destroy
thofe which are defective; alfo fine the Offenders,
c. And two Juftices of Peace have Power to
hear and determine the Defaults of Mayors. See
the Statutes 17 Car. 1. c. 19. 22 Car. 2. c. 8. &c.
and vide Meaſure.
Weald, or Wald, In the Beginning of Names
of Places, fignifies a Situation near Woods, from
the Sax. Weald, i. e. a Wood And the woody
Parts of the Counties of Kent and Suffer, are
led the Wealds; though mifprinted Wildes in the
Statute 14 Car. 2. c. 6.
teatreaf, (from the Sax. Weal, i. e. Strages, &
Reaf, Spoliatio) Is the Robbing of a dead Man in
his Grave. Leg. Ethelred. cap. 21.
tear, A great Dam made a-crofs a River, ac-
commodated for the Taking of Fish, or to convey
a Stream to a Mill. And all Wears for the Taking
of Fish, are to be put down, except on the Sea-
Coafts, by the Statutes 9 H. 3. c. 23. and 25 Ed. 3.
c. 4. Alfo Commiffions fhall be granted to Juftices,
to keep the Waters, furvey Wears and Mills, and
to inquire of and correct Abuſes; and where it is
found by them that any new Wears are made, or
others altered to the Nufance of the Publick, the
Sheriff by Scive facias is to give the Perfon making.
then Notice of it; and if he do not amend the
fame in three Months, he fhall forfeit 100 Marks,
&c. Stat. 1 & 4 H. 4. 12 Ed. 4.
Weavers. Perfons ufing the Trade of a Weaver,
ſhall not keep a Tucking or Fulling Mill, or ufe
Dying, &c. Or have above two Looms in a Houfe,
in any Corporation or Market-Town, on Pain of
forfeiting 20 s. a Week: And fhall ferve an Appren-
ticeſhip of feven Years to a Weaver or Clothier, or
fhall forfeit 201. &c. Stat. 2 & 3 P. & M. c. 11.
Wed, (Sax.) A Covenant or Agreement; whence
to wedd, a wedded Husband, wedded Bond-flave.
Cowel.
Week, (Septimana) Seven Days of Time; four
of which Weeks make a Month, &c. And the
Week was originally divided into feven Days, ac-
cording to
the Number of the feven Planets.
Skene.
Weigh, (Waga) Is a Weight of Cheefe or Wool,
containing Two hundred fifty-fix Pounds; and in
Effex the Weigh of Cheefe is Three hundred Pounds.
A Weigh of Barley or Malt is fix Quarters, or forty-
eight Bufhels: And we read of a Weigh of Salt, &c.
9 H. 6. c. 8.
Weights, (Pondera) and Meaſures, Are ufed be-
tween Buyers and Sellers of Goods and Merchan-
dize, for reducing the Quantity and Price to a
Certainty, that there may be the lefs Room for
Deceit and Impofition. There are two Sorts of
Weights in ufe with us, viz. Troy-weight, and Aver
dupois Troy-weight contains twelve Ounces to the
Pound, and no more; by which are weighed Gold,
Silver, Pearl, Jewels, Medicines, Silk, Wheat-
Bread, &c. and Averdupois contains fixteen Ounces
in the Pound, by which Grocery Wares, Copper,
Iron, Lead, Flesh, Cheefe, Butter, Tallow, Hemp,
Wool, &c. are weighed; and here twelve Pounds.
over are allowed to every Hundred, fo as one hun-
dred and twelve Pounds make the Hundred weight.
Dalt. 248. In the Compofition of Troy-weight;
Twenty Penny-weights make an Ounce, twenty-four
Grains a Penny-weight, twenty Mites a Grain,
I
-
"
Wend, (Wendus, i. c. Perambulatio, from the Sax.
Wendam) Signifies a certain Quantity or Circuit
of Ground. Rental. Regal. Maner. de Wye, pag. 31.
Were, (Sax. Wera) Is the Sum paid in antient
Time for Killing a Man, when fuch Crimes were
punifh'd with pecuniary Mulas, not Death: Or
it is Pretium Redemptionis of the Offender. Leg. Ed.
Conf. cap. II.
terelada, (From Sax. Were, i. e. Pretium Capitis
Hominis Occifi, & Ladian, purgare) Was where a
Man was flain, and the Price at which he was
valued, not paid to his Relations; but the Party
denied the Fact; when he was to purge himſelf by
the Oaths of ſeveral Perſons, according to his De-
gree and Quality, which was called Werelada. Leg.
H. I. c. 12.
Mergild, (Wergildus) The Price of Homicide;
paid partly to the King for the Lofs of a Subject,
partly to the Lord whofe Vaffal he was, and
partly to the next of Kin of the Perfon flain.
LL. H. 1.
1
Welt-Saxonlage, Was the Law of the West-
Saxons. See Merchenlage.
Westminster, (Weftmonafterium, Sax. Weft-mynfter,
i. e. Occidentale Monafterium) The antient Seat of
our Kings; and is now the well known Place where,
the High Court of Parliament, and Courts of Judi-
cature fit: It had great Privileges granted by Pope
Nicholas; among others, Ut amplius in perpetuum Re-
gia conftitutionis locus fit atque Repofitorium Regalium
Infignium. 4 Inft. 255.
Whales, And Sturgeon, vide Regal Fijhes.
Whale-fishing, In the Northern Seas, &c. Sec
Greenland.
Wharf, (Wharfa) A broad plain Place, near fome
Creek or Haven, to lay Goods and Wares on that
are brought to or from the Water. 12 Car. 2. c. 4:
Wharfage, (Wharfagium) Is Money paid for
Landing of Goods at a Wharf, or for ſhipping and
taking Goods into a Boat or Barge from thence:
It is mentioned in the Statutes 17 H. 8. c. 26. and
22 Car. 2. c. II.
Wharfinger,
!
W I
WI
Wharfinger, Is he that owns or keeps a Wharf
12 Car. 2. and 22 Car. 2. And Wharfingers com-
monly keep Boats or Lighters of their own, for
the Carrying out and Bringing in of Goods, in
which if a Lofs or Damage happens, they may
in fome Cafes be made anfwerable. Lex Mercat.
13.3.
Wheetage, (Rotagium) Tributum eft quod Rotarum
nomine penditur; hoc eft, pro Plauftris & Carris tranfe-
untibus. Spelm.
herlicotes, The antient British Chariots, that
were uſed by Perfons of Quality before the Inven-
tion of Coaches. Stow's Surv. Lond. pag. 70.
To
Whiniard, A Sword, from the Sax. Winn, i. e.
ger, and Are Honour; becauſe Honour is gain'd
by the Sword.
White-lhes. None fhall fhip, lade, or convey
away any White Afbes, to Parts beyond Sea, under
the Penalty of 6-3. 8 d. a Buſhel, Stat. 2 & 3 Ed. 6.
cap. 6.
Whitehart-Silber, Is a Mul& on certain Lands
in or near the Foreft of Whitebart, paid yearly into
the Exchequer, impos'd by K. Hen. 3. upon Thomas
de la Linde, for killing a beautiful White Hart which
that King before had fpared in Hunting. Camb.
Brit. 150...
White-meats, Are Milk, Butter, Cheefe, Eggs,
and any Compofition of them, which before the
Reformation were forbid in Lent as well as Flesh,
till King Hen. 8. publifhed a Proclamation al-
lowing the Eating of White-meats in Lent. Anno
1543.
White-rent, A Duty or Rent payable by
Tinners in Devonshire to the D. of Cornwall.
Quit Rent.
aWhite-fpurs, A Kind of Eſquires called by
Name.
the
See
this
Whitfontide, The Feast of Pentecofte, being the
fiftieth Day after Eafter: And is fo called, faith
Blount, because thofe who were newly baptized came
to the Church between Easter and Pentecoft in white
Garments. Blount's Dict.
Whitfon-farthings, Mentioned in Letters Pa-
tent of King Hen. 8. to the Dean of Worcester. See
Pentecostals.
ic, A Place on the Sea-fhore, or on the Bank
of a River. 1 Inft. 4. But it more properly figni-
fies a Town, Village, or Dwelling-place; and it is
often in the Saxon Language made a Termination
to the Name of the Town, which had a compleat
Name without it, as Landen-Wic, i. e. London Town;
fo lpfwich is written in fome old Charters Villa de
Gippo Wico, which is the fame Thing, for Gipps is
the Name, and Gipps Wie is Gipps-Town.
tica, A Country Houfe or Farm, and there are
many fuch Houfes now called the Wick and the
Wike. Cartular. Abbat. Glaſton. pag. 29.
Wichencrif, A Saxon Word for Witchcraft, which
occurs in the Laws of K. Canut. cap. 27.
Widow, (Vidua, Relicka) A married Woman be-
reft of her Husband, left all alone. Litt. The
Widow of a Freeman of London, may ufe her Huf-
band's Trade, fo long as the continues a Widow.
Chart. K. Cha. 1.
Widow of the King, (Vidua Regis) Was fhe that
after her Husband's Death, being the King's Tenant
in Capite, could not marry again without the King's
Confent. Staundf. Prarog. cap. 4. Stat. 17 Ed. 2.
32 H. 8. cap. 46.
Wudotohood, (Viduitas) The State and Condition
of a Widow. Sciant quod Ego Margeria de R. in
Viduitate & legitima Poteftate mea, remifi, relaxavi,
&c. Dat. apud, &c. Ann. 9 Hen. 4.
Wife, (Üxor) Is a Woman married; and after
Marriage the Will of the Wife, in Judgment of
Law, is fubje&t to the Will of the Husband; and
it is faid a Wife hath no Will, fed fulget radiis Mariti.
Plowd. 344. 4 Rep. A Wife cannot contract for
any Thing; or bring Actions, &c. without her Huf
band. See Baron and Feme. Wife granted to ano-
ther, vide Dower.
Wigrepe, (from the Sax. Wig. i. c. Sylva, and
Greve, Prapofitus) The Overfeer of a Wood. Spelm.
Wight Jaland, Was antiently called Guith by
the Britains; whence it had many other Names, as
Ita, Wotha, &c. Law Lat. Diet. Sec Stat. 4 H. 7.
c. 16.
Wild-Fowl, Are not to be deftroyed by Nets or
otherwife, nor their Eggs taken, under divers Pe-
nalties by Statute 25 H. 8. c. 11.
I 1 Fac. 1. c. 17.
9 Ann. c. 25. Vide Game.
Will, or Last Will and Testament, (Teftamen-
tüm, ultima voluntas) Is a folemn A&t or Inftrument,
whereby a Perfon declares his Mind and Intention,
as to the Difpofal of his Lands, Goods or Effects,
and what he would have done after his Death. Co.
Litt. 111. The Common Law calls that a Will
when Lands or Tenements are given; and where it
concerns Goods and Chattels alone, it is term'd a
Teftament: In a Will of Goods there must be an Ex-
ecutor appointed; but not of Lands only without
Goods, an Executor having nothing to do with the
Frechold. Inft. 111. If Lands are given by Will,
it is called a Devife; and Goods and Chattels a Le-
gacy: And there is this Diverfity between Lands
and Goods given by a Will, that when Lands are
devifed in Fec, or for Life, the Devifee fhall enter
without the Appointment of others: In Cafe of
Goods and Chattels there must be the Affent of
the Executor, &c. Swink. 24. If Lands are given
and deviſed by Will, the Will ought to be proved
in the Chancery; and of Goods it must be in the
Spiritual Court: A Will both of Lands and Goods,
may be proved in the Spiritual Court. Ibid. A Will
hath not Force till after the Teftator's Deceafe;
but then without any further Grant, Livery, &c.
it gives and transfers Eftates, and alters the
Property of Lands and Goods, as effectually as
any Deed or Conveyance executed in a Man's
Life-time; and hereby Defcents may be prevented,
Eftates in Fec-fimple, Fee-tail, for Life, or Years,
&c. be made: And he that takes Lands by Deviſe,
is in Nature of a Purchaſer. Litt. 167. A Deviſee
is in by A&t executed in the Devifor's Life-time,
though it be not confummated till his Death. Roll.
Rep. And therefore a Devife fhall take Effect, be
fore a Defcent: But an Heir may be in the Land
by Defcent, notwithſtanding a Deviſe made to him;
and to give a Thing by Will to fuch a Perfon to
whom the Law gives it, is as if it had not been
given. 2 And. 11. Moor, Ca. 496. Styles 149. Three
Things are requifite to the Perfection of a Will;
Firft, The Inception, which is the Writing of it;
Secondly, The Progreffion, being the Publication
thereof; and Thirdly, The Confummation of it,
which is the Death of the Party. 1 Inft. 113.
ſuch an Eſtate as by the Rules of the Law may
not be conveyed by A&t executed in a Man's Life,
fhall not be created, or conveyed by Will; as to
make a Perpetuity, &c. Rep. 85. Dyer 12, 33.
A Devife may be of Lands, Goods, or Chattels,
fimply or abfolutely, or conditionally; and be alfo
with a Limitation: And a Rent may be devifed,
or Land reſerving a Rent, with Claufe of Diftrefs.
4 Shep. Abr. 20. At Common Law a Man could not
devife by Will, the Lands which he had by Deſcent,
though he might thoſe which he had by Purchaſe:
Indeed he might devife Lands which he held for a
Term of Years, becauſe fuch an Estate is of little
Regard in the Law; but not Lands of which he
had the Fee fimple in Poffeffion or Reverſion :
Yet in certain Borough Towns, the Inhabitants might
devife the Houfes and Lands which they had by
Defcent; and this was a Privilege which they
claim'd by the Cuftom of thofe Places. 3 Nelf. Abr.
550. By the Common Law, if a Man fole feiſed of
9 S
Lands
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Lands in Fce, had devifed the fame by Teftament, Will, and one of them has a Devife of Lands, &c.
this Devife was void; unless the Lands were in with refpe&t to this Devife, the Will is void and at-
fome City or Borough where Lands were devifable tefted but by two Witneffes, &c. Carthew $14. The
by Cuftom. But by Statute 32 34 H. S. c. 5. Stát. 29 Car. 2. cap. 3. for Prevention of Frauds, or-
All Perfons having a fole Eftate in Fee fimple, of dains, That all Devifes of Lands or Tenements
any Lands, Tenements, &c. may give and devife fhall be in Writing, figned by the Devifor or fome
the fame by Last Will and Teftament, at their free other by his exprefs Directions, in the Prefence of
Will and Pleasure; though if any, Part of the Lands three credible Witneffes at leaſt; and no Will in
be held in Capite of the King, then the Party can Writing fhall be revoked, but by fome other Will
devife but two Thirds of the Whole, the other in Writing, or by cancelling the fame by the Teſta-
Third being to defcend to the Heir at Law, to an-tor himself, or by his Directions, &c. And where
fwer the Duties of the Crown, c. But the Te-Nuncupative Wills by Word of Mouth only, are
nure in Capite being abolished by 12 Car. 2. Devifes made for the Difpofition of Chattels above 30 1.
are now good for the whole Lands. Fenk. Cent. 260. Value, they muſt be declared in the Prefence of
One feifed in Coparcenary, or as Tenant in Com-three Witneffes in the laft Sickneſs of the Party,
mon, in Fee-fimple, of Lands, may by Will de-&c. and the Subftance thereof muſt be committed
vife them at their Pleaſure by this Statute: But to Writing, in fix Days, &c. It hath been for-
Lands intailed are not devifable, only Fee-fimple merly adjudg'd, if a Man bids another make his
Lands, and Goods and Chattels ; and Wills made by Will, and before it is done he dies, the Will is not
Infants, Feme Coverts, Ideots, Perfons of Non- good; but if it be drawing up in his Preſence, it
fane Memory, are not good in Law. Stat. Ibid. might be good for the Devifes finifhed. Plowd. 10.
3 Rep. 30. A Perfon that hath an Eſtate-Tail in And if any Attorney takes Notes of a Will before
Land, with the Reverfion in Fee Simple, cannot Witneffes, when a Perfon is in his laft Sickneſs, and
devife the Lands in Fee to another, though he before the Will is perfected fuch Perfon dieth; the
fhould die not having Iffue; but it is held he Will made from the Inftructions may be a good
may give Lands by Will to a Charity, and without Will, though the Teftator did not live to fign it.
either Fine levied, or a Recovery.
a Recovery. Abr. Caf. 3 Nelf. Abr. 550. A Man being fick faid before
Eq. 172. If an Infant makes his Will for Lands, Witneffes, that he deviſed all his Lands to his Wife
and when of Age he declares it as his Will, yet it for Life, &c. and wished that a certain Perfon was
is void; tho' an Infant at fourteen Years of Age there to make his Will; who being fent for wrote
may make a Will of his Goods and Chattels. i Ing. the Will from the Mouth of the Witneffes that
89. 2 Lill. Abr. 696. A Feine Sole makes a Will, heard the Teftator declare his Mind; and this Will
and gives her Lands to A. B. whom the afterwards being loft, a Copy was produc'd and teftify'd to be
marries; by this the Will is countermanded, for of the fame Effect: It was held in this Cafe, that
otherwife fhe could not after Marriage revoké it; an actual Devife by Word, is not fufficient for a
and if ſhe dies in his Life-time, whilft Feme Covert, Stranger to write a Will, but that there ought to be
the Devife is void. 4 Rep. 60. A Feme Covert a Writing, and not only a Defire; but the writing
cannot make a Will; but the Husband may bind this Will from the Mouth of the Witneffes, was a
himſelf by Covenant or Bond to permit his Wife good Will in Writing: That if a Will be found in
by Will to difpofe of Legacies, &c. and this will Writing after the Death of the Teftator, and 'tis
be fuch an Appointment as the Husband will be loft or burnt afterwards, it is good, if it can be
bound to perform; though it is properly no Will, prov'd by Copy; otherwife, if lok or burnt before
nor ought to be prov'd in the Spiritual Court: Of he died, for then 'tis void. Allen 54.
Things in A&ion, or of what the Wife hath as her The Teftator, if he be at that Time of fane Me-
own as Executrix, by her Husband's Confent, 'tis mory, may defire another Perfon to fet his Hand
faid, fhe may make a Will; and this is a Will in and Seal to his Will for him, and if he do it the
Law; If in other Cafes, fhe difpofes of any Thing Will is good. 2 Lill. Abr. 693. And fince the Sta-
by the Confent and Agreement of the Husband, tute 29 Car. 2. a Will was made by which Lands
the Property paffes from him to her Legatee; and were devifed, and no Name fubfcribed to it, but
it is as the Gift of the Husband. Cro. Eliz. 27. Crò. being fealed in the Prefence of three Witneffes was
Car. 219, 220. 1 Mod. 211. 2 Danu. Abr. 512. If adjudged a good Will; for the Will was written by
there be an Agreement before Marriage that the the Party himfelf, and his Name in the Will.
Wife may make a Will; if fhe do fo, 'tis good, un-which was held a fufficient Signing. 3 Lev. 1. And
lefs the Husband difagrees; and his Confent fhall it is faid a Will in Writing figned may be good to
be implied till the contrary appear: And if the convey Lands, altho' it be not fealed; the Statute
Husband would not have fuch Will to ftand, he of Wills Speaking nothing of Sealing.
ought preſently after the Death of his Wife to 542. Where three fubfcribing Wineffes are to a
fhew his Diffent; and where after her Death he Will, it is fufficient though one of them on the
doth confent, he can never afterwards diffent; alfo Trial will not fwear that he faw the Teftator ſeal
his Affent is good in Law, though he know not the and publiſh it; if it be proved that he fet his Name
particular Bequefts in the Will. 2 Med. Rep. 172, as a Witnefs to the Will Skinn. 413. If a Will is
173. It is not fufficient that a Perfon hath his published before three Witneffes, and it be at feve-
Memory to anfwer Queftions, when he makes his ral Times, it is good. Preced. Canc. 184. A Will of
Will; he ought to have a perfect Memory and Un-Copyhold Lands furrendered, fhall be good though
derstanding: But if fome Witneffes fwear that the
Teftator was of good and perfe&t Mind and Me-
mory, and others that he was not; their Teftimony
is to be preferred, which depofe that he was of
found Memory, for the Support of the Teftament.
6 Rep. 23. Cro. Fac. 497. A Scrivener who wrote
the Will, and two others were Witneffes; the Scri-
vener ſwore the Teftator was Compos mentis, and the
two others that he was not Compos; and the Court
topt these two, being fufpected to have been dealt
with, till the Verdict was brought in, which found the
Will a good Will, and then committed the two Wit-
neffes in Order to be profecuted for Perjury. Skinn.
Rep. 79. If there are only three Witneffes to a
3
:
2 Dano. Abr..
attefted by only one Witness; And the Reafon is,
becauſe it paffes by the Surrender, and not the
Will, to make a Title. 2 Vern. 700. A Man makes
a Will in divers Pieces of Paper, and there are
three Witneffes to the laft Paper, and none of them
aver they faw the firft, this is not a good Will.
3 Mod. 263. As to the Subfcribing of Witneffes, it
is enough that the Teftator might fee them; it is
not abfolutely neceffary that ha fhould fee them do
it; fo that it may be in another Room in the View
of the Teftator, or where the Teftator is fick in
2 Salk. 688. Lands
Bed, and the Curtain drawn.
purchafed after making a Will, cannot pafs; för
the Teftator ought to have the Lands at the Time
of
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of the Making: But it hath been held, that a new a Man's Inheritauce carries the Fce fimple: Alo
Publication of the Will fhall make the Lands pafs; Lands given to a Perfon to difpofe of at Pleafure,
and if fuch Lands are devifed for Payment of makes a Fee-fimple. Hob. 75. i Salk. 228. 2 Nelf.
Debts, c. Chancery will make the Devife good, 837. If a Man devifes that A. B. fhall be Heir of
without new Publication of the Will. I Inft. 111. all his Land, and the Devifor hath Fee, he fhall
Plowd. 343. 3 Rep. 25. 2 Chan. Rep. 144. A Te-have Fee: But if there are no Words of Inheri
Itator devifed by Will all Lands, Tenements, and tance in the Will, the Devifce hath no more than
Eftate whatfoever, whereof at the Time of his an Eftate during Life. Mod. cap. 107. 2 Nelf. Abr.
Death he ſhould be poffeffed; and after this he pur- 745, 746. By Devife to a Perfon and his Heis
chas'd Lands, c. And it was refolv'd, that a De- Male, an Estate-tail is created; though fuch a Gift
vife of perfonal Things is good, tho' the Teftator in any other Conveyance would be a Fee-fimples
had them not at the Time of his Will; but a Chat-it not being faid of what Body. 1.Inft. 27. If I give
tel Real, as a Leafe for Years, doth not paſs: And by Will my Manor of D. to my eldest Son, and
a Devife of Lands is not good, if the Teftator had alfo all my Lands in S. in Tail; the Entail limited
nothing in them at the Time of making his Will. for the Land in S. fhall not extend to the Manor:
Gouldsb. 93. 1 Salk. 237. Where after the Will is But if the Words be, I Devife my Manor of D.
made a Perfon annexes a Codicil thereto; or de-and Lands in S. to my Son in Tail, there it fall
livers it fome time after, and fays it fhall be his be an Eftate-tail in both. Hughes's Abr. 643. Land
laft Will; or if he fays, that his Will is in a Box, in is deviſed to 4. B. and the Heirs Males of his Body,
fuch a Chamber, . either of theſe amount to a and if it happen that he die without Heir of his
fufficient Publication, to make Lands pafs newly Body, that it fhall go to another and his Heirs; by
purchaſed. i Roll. Abr. 618. 2 Vern. 209. Though this A. B. hath an Eftate to him and his Heirs
Land bought after making of a Will, paffes not by Males, and the fubfequent Words do not alter it.
the Devife of all the Land a Man fhall have at his Dyer 171. If a Man devifes his Land he hath in
Death, it not being within the Statute of Wills, for Fee to a Perfon, paying 10l. to F. R. altho' no
he is no Perfon having: Yet if there be Articles Eftate is expreffed, yet he fhall have it in Fee; if
for a Purchafe, and the Purchafer makes his Will the Intent of the Teftator does not appear to be
and dies before any Conveyance is executed, there otherwife. Bro. 406, 125. But where a Perfon by
the Lands fhall go in Equity to the Devifce: So if Will gives Lands in D. to the Intent, that with the
any Land be conveyed during one's Life, tho' he Profits the Devifee fhall bring up a Child, or pay
was not feifed thereof at the Time of making his to A. 101. or fo much Yearly; by this, fuch De-
Will, and altho' there be no new Publication. 1 Chan. vifee has only an Eftate for Life. Bro. 78. 3 Rep. 20.
caf. 39. If one devife to a Perfon by Will all his 6 Rep. 18. So it is in Cafe of a Devile to one
Lands and Tenements, not only all the Lands that without any more Words; or to him and his Heir
he hath in Poffeffion do pafs, but all thofe he hath in the fingular Number, &c. Fitz. Devife 16. 6 Rep.
the Reverſion of: But where a Man having Lands 16. A Devife to the eldest Daughter of Land, and
in Fee, and other Lands for Years, devifes all his that the pay unto the younger Sifter yearly 201
Lands and Tenements, the Fee-fimple Lands only is a Conditional Eftate; and for Non-payment, the
pass; though if he hath only Leafes for Years, and younger Sifter may enter. 3 Cro. 146. If one De-
no Fee-fimple Lands, by the Devife of all his Lands vife his Lands to . S. after the Death of T. D. his
and Tenements the Leafes for Years pafs, other-Son and Heir apparent, by this T. D. will have
wife the Will would be to no Purpoſe. 2 Danv. Abr. an Eftate for Life implied, and it shall defcend
527. The Teftator was feifed of an Houfe in A. to him until the Devife take Effect. 4 Shep. Ahr.
and of an Houſe and Lands in B. and deviſed to W. 40. A Man déviſes Land to his Son and Heir in
R. his Houfe in A. with all and fingular his Lands, Fee-fimple, or to a Stranger for Years, Remainder
Meadows, &c. in B. and adjudg'd that his Houfe to the Son and Heir in Fee; if the Heir after the
in B. fhall not pafs; for though by a Feoffment of Death of the Devifor, doth, as he may, refuſe the
Land the Houſes will pafs, Wills are to be taken ac- Eftate given by the Will, and claim the Land by
cording to the Intent of the Teftator; and here the Difcent; by this the Devife will be void: But if
particular Devife of the Lands, Meadows, &c. ex the Devife be made to the Son and Heir in Tail,
cludes the general Intendment of the Word Terra, with Remainder to another in Fee, there he may
which comprehends both Houfes and Lands. 2 And. not take it in any other manner. Plowd. 545. Dyer
123. 1 Nelf. Abr. 652. Words in Wills are always 317, 350. A Devife to one who is Heir for Life,
conftrued according to the Intention of the Parties Remainder in Contingency, &c. is good: And
that make them, as near as can be colleted; and Devifes to Infants in Ventre fa mere are good, and
may have different Conftru&tion from thofe in other the Land fhall defcend to the Heir in the mean
Deeds; but the Words and Intent muft agree with Time; for the Teftator could not intend they
the Law; and if the Words are infenfible and re- fhould take prefently, they must be first in rerum
pugnant, they are void. I Inft. 25. Plowd. 162. Hob. natura. Lutw. 798. Raym. 28. 2 Mod. 292. Where a
34. And the Reafon why the Conftru&tion of Wills Term for Years is devifed by Will to A. for Life,
is more favoured in Law than any other Deed or with Remainder to B. this Remainder is good by
Conveyance, to fulfil the Intent of the Teftator, is way of Exe utory Devife for the Refidue of the Term.
because the Teftator is intended to be inops Concilii, Raym. 164. And a Term may be devifed to one
and in a Hurry; and a Devife is not a Conveyance for Life, with Remainders to feveral others for
by the Common Law, but by the Statute: The Life, where all the Perfons are in effe; but if a
Devifes before the Statutes were by Cuftom, and as Devife in Remainder be to one for Life, who is
Cuſtom inabled Men to difpofe of their Eftates not then in Being, there no Limitation of a Term
contrary to the Common Law; fo it exempted this may be beyond it. 1 Sid. 451. Devife of a Term
Kind of Conveyance from the Regularity and to one for Life, and if he dies without Iffue, to an-
Propriety required in other Conveyances: And
thus it came to pass that Wills upon the Statute, |
in Imitation of thofe by Cuftom, gained fuch fa
vourable Conftruction. 3 Salk. 127, 128. A Devife
by Will to a Man and all his Blood, paffes a Fee-
fimple: So a Devife to a Perfon in perpetuum, or
to one and his Affigns for ever; but in a Grant it
would be only an Eftate for Life, for want of the
Word Heirs. Lit. 585. Vaugh. 178. Devife of all
•
other and his Iffuc, &c. is void to the Remainder
Man. t Lev 290. A Chattel Perfonal cannot be
given to one for Life, with Remainders to others;
though the Ufe may be given by Will to one during
Life, and the Thing itfelf afterwards to another.
Noy Max. 31, 99. Devifes may be to one, to the
Ufe of another, and the Ufe fhall be executed.
2 Leon. One by Will devifed, that after his Death
A. and B. his Feoffees and their Heirs, when they
were
1
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1 Peere
were no Feoffees, fhould be feiſed to fuch Ufes; becauſe nothing was ever in the Anceſtor.
and it was held a good Deviſe. Bendl. 188. Though Williams 398, 400. But where a Devife in a Will
if there be a Condition in a Will, that a Man fhall is to A. for Life, Remainder to B. and A. dies in
not marry a Perſon, &c. or a Woman marry, with the Teftator's Life-time, B. fhall take preſently
out Confent, &c. and the Legacy be not devifed And if the Devile of Lands be to two Perfons, and
over to another; thefe Conditions are void, for one fo dieth, the other ſhall have the whole. Salk.
Marriages ought to be free. 1 Mod. 308. 2 Nelf. Abr. 238. 2 Peere Williams 331. It is a Rule that where-
1162.
A Deviſe muſt be not only of a Thing, but ever a Teftator by his Will has not given an Eſtate,
to a Perſon certain; and a Devife to a Man who or but Part thereof, the Remainder undifpofed of
fhall marry my Daughter, or to a Man and his defcends to the Heir, whether it was the Teftator's
Children, is certain enough. Swinb. 293. If where Intent he fhould have it or not; for fome Body muſt
a Legacy is given by Will, the Legatee dies before take, and none being appointed by the Teftator, the
it becomes due, the Legacy is extinguished and Law throws it upon the Heir. Talb. Caf. 52. The Laft
gone. A Man devifes 500l. to his Daughter by Will fhall ftand in Force; (but if two Wills are made
Will, if ſhe attain 21 Years of Age; in this Cafe, both of one Date, they are both void: And if in a
if the dies before that Age the Legacy is gone: Will there are two Devifes of the fame Thing, the
But if the Devife had been to be paid her at the laft Devife fhall take Place; for as a latter Will.
Age of 21, then it is debitum in præfenti, & folven- doth overthrow a former, fo the latter Part of a
1. Inft. 112.
dur in futuro, and her Adminiftrator, &c. fhall Will overthrows the former Part of it.
have it, if the die before 21. 1 Lill. Abr. 457. The Plowd. 341. It has been adjudg'd, that where there
Teftator deviſed a Sum of Money to a Woman at are feveral Devifes of the fame Thing in one Will,
her Age of 21, or Day of Marriage, and then ad- the last muft take Place: But where the Devile
ded thefe Words, To be paid her with Intereft was of Lands to one in Fee, and in the fame Will
ſhe died unmarried, and before fhe was 21 Years the fame Lands were deviſed to another, this 'twas
old; and it was held that the Money fhould go to faid made them Joint-tenants; and if a Deviſe of
her Adminiſtrator; but if thofe Words had not Lands is to one Perfon in Fee, and to another for
been added, it would have been otherwife; and fo Life, or Years, both may ftand. 3 Leon. 11. A
if the Money had been devised to her, when the Teftator having deviſed all his Lands to A. in Tail,
came of Age, &c. 2 Ventr. 342. Where one devifes and in the fame Will deviſed Part of his Lands to
a certain Portion to his Daughter, chargeable upon B. This latter Claufe was held an Explanation,
Lands, and payable at the Age of 21 Years, and the viz. That 4. fhould have all the Lands, except
Daughter dies before, the Money fhall fink in the thofe devifed to B. who fhall take by way of Re-
Land, for the Benefit of the Heir at Law; here if mainder after the Death of 4. without Iffue; but
no Time were limited for Payment, or if it were it would not have been fo if the Devife had been
only a Sum of Money generally deviſed by the to A. in Fec-fimple, and afterwards Part of the
Will, it would go to the Executors, &c. of the Lands was deviſed to B. in Fee, becauſe one Fee-
Daughter. 1 Vern. 204. 2 Verm 92. A Leafe was fet- fimple cannot be limited after another. Yelu. 209.
tled by the Father, with Reference to his Will, in 1 Nelf. Abr. 654. It hath been held, that a ſubſe-
which he gave 500l. to each of his Daughters, to quent Will may be made fo as not to Revoke or
be paid at the Age of 21 Years, and if any or all Deftroy, but confift with a former; for the Tefta-
died before that Age, then to others; but devifed tor may have feveral Parcels of Land, which he
no Maintenance to them till their Portions became may devife to feveral Perfons by feveral Wills,
payable: Et per Cur. A Maintenance cannot be and yet all ftand together: When a Man hath
decreed, because of the Devife over. Ch. Rep. 249. made a Difpofition of any Part of his Eftate, 'tis a
If a Man in his Will releaſes all his Lands in C. good Will as to that Part; fo likewife the Difpofal
to A. B. and his Heirs, it is good; but one cannot of every other Part: They are all feveral Wills,
releaſe a Debt or Duty by Will, though he may but taken altogether, they are an entire Difpofition
give and bequeath it. 1 And. 33. 1 Ventr. 39. Things of the whole Eftate: Though they were urged to
in Action, as Debts and the like, although they be but Pieces of the Whole, otherwise they muſt be
are not grantable by Deed, may be devifed by Codicils. 3 Mod. Rep. 204, 207, 209. When a Telta-
Will: But if it be a Thing in Action altogether tor is moved to make his Will by Fear and Threat-
uncertain, as where one hath Caufe of Action, to ning, or circumvented by Fraud, &c. it will be
compel a Man to Account, &c. this may not be void, or in Danger of being avoided: And if one
devifcd. Perk. Sect. 517. Sce 2 Cro. 371. Plowd. 525. makes a Will, by the Importunity of his Wife, to
Thoſe Things that are annexed and incident to a the Intent he may be at quiet, and not vexed and
Freehold or Inheritance, fo that they cannot be troubled by her; it fhall be adjudg'd to be made
fevered from it; fuch as the Wainscot, and Glafs by Constraint, and not good. 4 Shep. Abr. 13. A
of Houſes, or the like, are not Devifable, but Will of a Real Eſtate, 'tis faid cannot be fet afide
where the Thing it felf is fo. Kelw. 88. A Devife in a Court of Equity for Impofition, but must first
in a Will of the Ufe and Occupation of Lands, is a be tried at Law: But it is likewife held, there may
Deviſe of the Land it felf; but 'tis otherwife of be Fraud in obtaining the Will; of which no Ad-
Goods, for one may have the Occupation, and an- vantage can be taken by Law, that fhall be relie-
other the Property of them. March 106. If one vable in Equity. 2 Vern. Rep. 700. There is ſome
Devife all his Moveables, by this are given all Difference obferved between a Deed and Will, where
Perfonal Goods both quick and dead, which either gained from a weak Man, upon a falfe Reprefen-
move themſelves, or may be moved; as Horfes, tation; the Chancery will make void the firft, when
Plate, &c. and by Devife of Immoveables, do it is without valuable Confideration, but not a Man's
pafs Leafes, Rents, Grafs, &c. 4.Shep. Abr. 39. A Will, which is revocable. 2 Peere Williams 270. A
Man gives by Will all his Money in fuch a Cheft, Deed was made between a Father and Son, by which
when there is none there; it is a void Devife: But the Father agreed to give the Son fo much, and he
if one give 101. remaining in a certain Cheft, was to pay fuch Debts, and Sums of Money; and
where in Truth there is but 51. this will be a good there were fome Expreffions reſembling thoſe in a
Devife of that Sum: And Error and Miſtake in the Will; as that the Father was fick of Body, and did
Quantity and Quality of the Thing devifed, where give all his Goods and Chattels, c. But the Wri-
the fame for the Subftance of it is certain enough, ting was Sealed and delivered as a Deed: This being
will not hurt a Will. Swinb. 281. If Lands are de- given in Evidence, and that he intended it for his
viſed to A. and his Heirs, and he dieth in the Life Laft Will, the Court held the fame to be Proof of a
of the Deviſor, the Heir cannot take the Eftate, Will. 1 Mod. 170. In the well-making of a Will, it
is
1
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3
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is good to obſerve thefe Rules; That it be done in
perfe&t Memory, and by good Advice; let there be
two Parts of it, one whereof to remain in the
Hands of the Party as made it, and the other with
fome Friend, that it may be the lefs liable to be
fupprefs'd after the Teftator's Death; and let the
Whole be written in one Hand-Writing, and if it
may be, in one'Sheer of Paper or Parchment; but
if there be more Sheets than one, let the Teftator
fign and feal every Sheet of the fame before the
Witneffes prefent at the Execution. A Teftator has
Power, notwithſtanding the Will, to give away du-
ring his Life, any Part of his Eftate, &c. See
Eftate, Executor, Revocation, &c.
Term of his natural Life; and after his Deceafe, I de-
vife the fame to my Daughter M. B. during her natural
Life; and after the Determination of that Estate, I give
and devife the fame to the faid T. B. and L. D. and
their Heirs during the Life of my Jaid Daughter M. to
the Intent to preferve and Support the contingent Úfes and
Remainders herein after limited; but nevertheless in
Truft, to permit my faid Daughter M. to receive the
Rents and Profits thereof during her Life; and from and
after the Dereafe of my faid Daughter M. then to re-
main to the firft Son of my faid Daughter M. and the
Heirs of the Body of fuch first Son lawfully iffuing; and
for Default of fuch fue, then to the Ufe and Behoof of
the fecond, third, fourth, fifth, and all and every other
Son and Sons of my faid Daughter M. begotten, the
Form of a Will of Lands, and Goods, Terms of Elder of fub Son and Sons, and the Heirs of his Body
1
Years, &c.
Signed, Sealed, Publifhed and
A. B.
lawfully iffuing, to be always preferred, and to take be-
N the Name of God, Amen. I A. B. of, &c. and for Default of fuch Iffue, then I give the fame to
fore the Younger of fuch Sons and the Heirs of his Body;
being weak in Body, but of found and perfect Mind S. B. of, &c. for and during the Term of his natural
and Memory, (Bleffed be God) do this Day and Year, Life; and after his Deceafe, to remain to his Lue in
&c. make and publish this my Laft Will and Teftament Tail in fuch Manner as I have limited the fame to my
in manner following, (viz.) Firſt, I give to my Son Daughter M. and for Default of ſuch iſſue, then to re-
J. B. the Sum of 500l. Alfo, I give to my Daughter main to, &c. and the Heirs Male of his Body begotten,
M. B. the Sum of 400 1. Alfo, I give to my dear &c. And for Default of fuch Iffue, to remain to my
Wife E. B. the Sum of 3001. &c. to be paid unto own right Heirs for ever. And all the rest of my Lands
them refpectively, within fix Months next after my De- and Tenements whatsoever, whereof I shall die feifed or
ceafe. Alfo, I give all that my Meffuage or Tenement, poffeffed, I give to my faid Son J. B. bis Heirs and
with the Appurtenances fituate, &c. wherein I now live, Affigns for ever. Alfo, I give to, &c. ten Guineas a-
to my faid Son J. B. To hold to him during his Life, piece to buy them Mourning. Alfo, I give to my Servant
and from and after his Deceafe I give the fame to my Man and the tavo Servant Maids that fhall be living
Daughter M. B. during the Remainder of my Eftate and with me at the Time of my Deceafe, ten Pounds a piece.
Intereft therein. Alfo, I give and bequeath unto my Alfo, I give to the Poor of the Parish where I shall die,
loving Brother T. B. of, &c. and L. D. of, &c. all the Sum of twenty Pounds. Alfo, All the Reft and Re-
that my Leafehold Eftate, fituate in, &c. To hold to fidue of my Goods, Chattels and Perfonal Estate, I give
them the faid T. B. and L. D. their Executors, Ad-to my faid Wife E. B. And I make and ordain her my
miniftrators and Affigns, from and immediately after my faid Wife fole Executrix of this my Will, and the faid
Deceafe, for and during the Reft and Refidue then to T. B. and L. D. Overfeers thereof, to take Care and fee
come, and unexpired of the Term to me granted therein; the fame performed according to my true Intent and
Upon this Truft and Confidence, that they the Said Meaning; and for their Pains herein, I give and allot
T. B. and L. D. and the Survivor of them, and the to each of them the Sum of, &c. In Witneſs whereof,
Executors and Adminiftrators of fuch Survivor, do and I the faid A. B. have to this my Laft Will and
Shall permit and fuffer her my faid Wife E. B. to have, Teftament fet my Hand and Seal, the Day and Year
hold and enjoy all my faid Leafehold Eftate to them given above written.
as aforesaid, and to receive and take to her own Uſe and
Bebouf, the Rents, fues, and Profits thereof, for and
during fo much of the Term to me therein granted, as
Shall run out and expire in the Life-time of her my faid
Wife; And after her Deceafe, upon this further Trust
and Confidence, that they the faid T. B. and L. D. and
the Survivor of thein, and the Executors and Adminiftra-
tors of fuch Survivor, do and fall out of the Rents,
Iues, and Profits arifing from my ſaid Leafehold Fftate,
well and truly pay, or caufe to be paid unto my faid
Daughter M. B. or her Affſigns, for and during fo much
of the faid Term to me therein granted, as ſhall run out
and expire in the Life-time of her my faid Daughter, the
yearly Annuity or Sum of 60l. at the two most ufual
Feafts, &c. by even and equal Portions; The firft Pay-
ment thereof to be made at fuch of the faid Feafts which
Shall first and next happen after the Deceafe of my faid
Wife: And upon this further Truft and Confidence, that
they the faid T. B. and L. D. and the Survivor of them,
&c. do and shall permit and fuffer my faid Son J. B.
his Executors, Adminiftrators, and Affigns, to have, hold
and enjoy all fuch my faid Leafehold Eftate, (charged
with the faid Annuity of 60 1. per Ann. payable to my
faid Daughter) and to receive and take the Overplus of the
Rents, lues and Profits thereof, to his and their own
proper Uſe and Benefit, from and immediately after my
faid Wife's Deceaſe, for and during all the Reft, Refidue, Window Tax, A Duty first granted by Stat.
and Remainder of the Term to me therein granted, which 7 & 8 W. 3. c. 18. and has been fince continued for
Shall be then to come and unexpired. Alfo, I give all ever. 5 Ann. It is charged on the Occupiers or
thofe my Freehold Lands in the Parish of, &c. now in Inhabitants of Houfes, and not Landlords, and is
the Poffeffion of, &c. to my Wife E. B. To hold to 6 s. for Houfes having ten Windows, but under
ber during her natural Life, ſhe making no Waste or twenty; 10 s. where they have twenty Windows,
Destruction thereupon; and from and after her Deceaſe, I and under thirty; (but this Duty is made double
give and devife the fame to my said Son J. B. for the by a fubfequent A&t,) and 20s. for thirty Windows,
Declared by the faid A. B.
the Teftator, as and for his
Laft Will and Teftament, in
the Preſence of us who were
prefent at the Signing and
Sealing thereof,
T. D.
F. G.
J. H.
Probatum, &c. 5 Dec. Anno 1731.
Mín, (Sax.) In the Beginning or Ending of
Places Names, Signifies that fome Battle was fought,
and Victory gain'd there.
Winches, A Kind of Engines to draw Barges
against the Stream of a River. 21 Fac. 1. cap. 32.
Windas, or Windlafs, Corruptly Wanlafs, is a
Term for Hunting of Deer in Forefts to a Stand,
&c. See Wanlass.
Wind-Mill, A Man may not erect a Wind Mill
within any Foreft, becauſe it frights Deer, and
draws Company to the difquiet of the Game. W.
Jones Rep. 293.
9 T
or
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or more, &c. Surveyors and Receivers are to be
appointed by his Majefty; and Collectors in every
Parish, for whom the Parifhes thall be anfwerable,
and they may take Diftreffes for the Tax,
But Cottages not having 51. a Year Land to them,
or Houfes not paying to the Church and Poor, are
exempted from this Tax. Vide Stat, 7 & 8 W. 3.
8 Ann. c. 4. 6 Geo. 1. c. 21.
Wifta vero quatuor virgatis conftat. Mon. Angl. Tom.
1. pag. 133.
500
aitan, Secundum Witam jurare, Is for a Perfon
to purge himſelf by the Oaths of ſo many Witnet-
fes, as the Offence required. Leg. Ine, cap. 63.
Witchcraft, Uling of was Felony by Stat. 1 Fac. 1.
cap. 12. See Conjuration.
tite, A Saxon Word, ufed for Puniſhment; a
Pain, Penalty, Mula, &c. And Witefree is a Term
of Privilege or Immunity from Fines and Amerce-
pafments. Sax. Dic. From hence come the Words
Bloodavite, Lecheravite, &c.
Mindfoz. The Mayor and Bailiffs, &c. of
Windfor are to maintain the great Bridge there,
and receive Tolls for Carriages, Cattle, c.
fing over it, and Barges going under the fame.
Stat. 9 Geo. 2. c. 15..
Witena-gemot, (Sax. Conventus fapientum) Was a
Convention or Affembly of great Men to adviſe
and affift the King, anfwerable to our Parliament,
in the Time of the Saxons.
+
Witens, Were the chief of the Saxon Lords or
Thanes, their Nobles and Wife Men. Sax. Dict.
Witerden, A Taxation of the Weft-Saxons, im-
pos'd by the publick Council of the Kingdom. Chart.
Ethelwolf. Reg. Ann. $55.
Wine, (Vinum) Is to be tried twice a Year, viz.
at Eafter and Michaelmas; and none fhall fell Wine
but at reaſonable Price, by Stat. 4 Ed. 3. cap. 22.
The Lord Chancellor hath Authority to fet the
Prices of Wires by the Butt, Barrel, c. Perfons
felling at greater Prices, fhall forfeit 401 and no
Perfons may
fell Wine by Retail, but fuch as are
licensed by Juftices of Peace, &c. 28 H. S. cap. 14.
Withernam, (From the Sax. Wyther, i. e. altera,
7 Ed. 6. cap. 5. By Statute, Canary Wine, Alicant,
and other Spanish or Sweet Wines were not to be Nam, captio) Is where a Diftrefs is driven out
fold for above 1 s. 6 d. a Quart, and Gafcoign and of the County, and the Sheriff upon a Replevin
French Wine not above 8 d. the Quart, & un- cannot make Deliverance to the Party diftrained:
lefs appointed at a higher Price: And when the In this Cafe the Writ of Withernam is directed to
Lord Chancellor, Treafurer, c. fet the Prices the Sheriff, for the taking as many of his Beafts.
of all Wines, they are to cauſe them to be written, or Goods that did thus unlawfully diftrain, into his
and Proclamation made thereof in the Chancery Keeping till the Party make Deliverance of the
in Term-Time, or in the Cities, Towns, &c. where firft Diftrefs, &c. It is a Taking or Reprifal of
it is to be fold at thofe Prices. Alfo the Number other Cattle or Goods, in lieu of thoſe that were
of Retailers of Wines, in every City and Market-formerly unjustly taken and efloined, or other-
Town, was particularly limited. Stat. 7 Ed. 6. 12 & wife with-holden. F. N. B. 68, 69. 2 Inft. 140. Stat.
This Writ is granted on the
13 Car. 2. The King may grant Commiffions to Weft. 2. 13 Ed. 1. c. 2.
Commiffioners to licenfe Perfons to retail Wine; Return of the Sheriff upon the Alias and Pluries
and they may under their Seal of Office grant in Replevin, that the Cattle, c. are efloined, by
Licenfes, for any Term not exceeding 21 Years, Reafon whereof he cannot replevy them; and it
under certain Rents, &c. the Revenue whereof is appears by our Books, that the Sheriff may award
to be paid into the Exchequer; but the Priviléges Withernam on Replevin fued by Plaint, if it be
of the Universities, and of the Company of Vintners found by Inqueft in the County, that the Cattle
in London, &c. were faved by this Statute, 12 Car. 2. were efloined according to the Bailiff's Return,
And the Revenue of Wine-Licenfes is &c. Though upon the Withernam awarded in the
cap. 25.
granted to the King, his Heirs and Succeffors, by County Court, if the Bailiff doth return that the
the 22 & 23 Car. 2. cap. 6. Merchants, &c. felling other Party hath not any Thing, there fhall be an
Wines, who fhall adulterate the fame, or utter any Alias and Pluries, and fo infinite, and no other Re-
adulterated Wine, are liable to a Penalty of 300 1. medy there: But on a Withernam returned in the
And Retailers of mix'd adulterated Wine, incur a King's Bench, or Common Pleas, if the Sheriff return
Forfeiture of 401. Stat. 12 Car. 2. I W. & M. c. that the Party bath not any Thing, &c. a Capias
34. Alfo if any Retailer of Wine fells it in Mea- fhall iffue against him, and Exigent and Outlawry.
fures not made of Pewter, and fealed, he fhall pay New Nat. Br. 166. In Replevin, &c. the Sheriff
50s. for every Offence, leviable by a Juftice of returns Averia elongata funt by the Defendant;
Peace's Warrant, &c. 2 W. & M. c. 14. But fee thereupon a Writ of Withernam is awarded; and if
4 & 5 W. & M. Perfons retailing English made he return Nihil, the Plaintiff proceeds to Outlawry
Wines, (on which there is a Duty of 12 s. per Bar-by Alias and Pluries Cap. in Withernam, and fo to
rel) must be licenſed by two Juftices of Peace;
and be Keepers of Publick Houfes, by Stat. 10 Geo.
2. c. 17.
Winter heyning, Is a Seafon between the cle-
venth Day of November, and the three and twen-
tieth Day of April; which is excepted from the Li-
berty of Commoning in the Forest of Dean, &c. Stat.
20 Car. 2. cap. 3.
the Exigent: And there is fome Difference where
the Defendant appeareth upon the Return of the
Pluries Capias, and when he ftays longer, and ap-
pears on the Return of the Exigent and not be-
fore; for in the first Cafe his Cattle fhall not be
taken in Withernam, but he muft find Pledges to
make Deliverance, or be committed; and in the
laft Cafe, he fhall not only find Pledges for making
Deliverance, but fhall be fined, and his Cattle
may be taken in Withernam: In both Cafes, the
Plaintiff may declare for the unjuft Taking, and
yet detaining of his Cattle, and fo go to Trial
upon the Right; and if 'tis found for him, then
he fhall recover the Value of the Cattle with Cofts
and Damages, or may have the Cattle again by a
Retorn. habendo directed to the Sheriff; but if it be
found for the Defendant, he fhall keep the Cattle,
and have Cofts and Damages for the unjut Profe-
1 Brownl. 18o. 3 Nelf. Abr. 553, 554.
cution.
Defendant in Replevin may have a Writ of Wither-
nam against the Plaintiff; as if the Defendant hath
wift, A Measure of Land among the Saxons; a Return awarded for him, and he fucth a Writ
being the Quantity of Half a Hide, and the Hide de retorn. habendo, and the Sheriff return upon the
120 Acres. Otto virgate unam Hidam faciunt, Pluries, quod Averia elongata funt, he fhall have a
Wire-Drawers. It is enacted by Stature, that
Silver Wire drawn for making Gold and Silver
Thread, fhall contain certain Quantities to the
Pound-Weight, on Pain of 5 s. per Ounce wanting.
9 & 10 W. 3. c. 39. The Silver Wire to be drawn
for Silver Thread, is to hold eleven Ounces and
fifteen Penny Weight, and all Silver to be gilt and
ufed in the Wire-drawers Trade, fhall hold eleven
Ounces and eight Penny-weight, of fine Silver on
the Pound-Weight Troy; and four Penny-weight
and four Grains of Gold, to be laid upon each Pound
of Silver, on Forfeiture of 5s. for every Ounce
made otherwife. 15 Geo. 2. cap. 20.
་ེ་
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А
Sci.
WO
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1
Sci fac. against the Pledges which the Plaintiff put 13 Ed. 1. under Approvement: If the Offenders be
in to profecute, &c. and if they have nothing, not convicted in fix Months, &c 6 Geo. 1. cap. 16.
then he shall have a Capias ad Withernam against. It has been adjudg'd, that if A. plants a Tree upon his
the Plaintiff. Ibid. And the Cattle taken in Wither-own Ground, and in growing its Roots extend into
nam are to be ad Valentiam, i. e. to the Value of the Land of B. adjoining, they are Tenants in Com-
the Cattle that were firft taken and detain'd; for mon of this Tree: But if all the Root grows in the
'tis to be underſtood not only of the Number of Ground of A. tho' the Boughs overshadow B.'s Land,
the Cattle, but according to the Worth and Value; yet the Branches follow the Root, and the Property
otherwife he that brings the Replevin and Wither of the whole is in A. 1 Ld. Raym. 737-
nam, will be deprived of his Satisfaction. 3 Lill.
Abr. 690. Where Cattle have been taken in
Withernam, they have been by a Rule of Court
delivered back and restored to the Owner, on
his Payment to the Plaintiff of all his Damages,
Cofts and Expences. Ibid. Cattle taken in Wither-
nam may be milk'd, or work'd reaſonably; becauſe
they are delivered to the Party as his own Cattle, &c.
Contra of Cattle diftrained. 1 Leon. 302. See Replevin.
Witherlake, An Apoſtate or perfidious Renegado.
Leg. Cànut. cap. 27.
.
+
Witnels, (Teftis) Is one that gives Evidence in
a Cauſe; an indifferent Perfon to each Party, fworn
to ſpeak the Truth, the whole Truth, and nothing
but the Truth: And if he will be a Gainer or Lofer
by the Suit, he fhall not be worn as a Witnefs.
2 Lill. Abr. 700. See Evidence.
Mood-con, A certain Quantity of Grain, paid
by the Tenants of fome Manors to the Lord, for
the Liberty to pick up dead or broken Wood. Car-
tular. Bürgi S. Petri, MS. 142.
:
Wood-geld, is taken to be the Cutting of Wood
within the Foreft, or rather Money paid for the
fame to the Forefters; or it fignifics to be free from
Payment of Money, for taking Wood in any Foreft.
Cromp. Furif. 157. Co. Lit. 233.
Woodmen, Seem to be thofe in Forefts, that have
their Charge particularly to look to the King's
Woods there. Cromp. Jur. 146.
Woodmote Is the old Name of that Court of the
Foreft, which is now called the Court of Attach-
ments; and was wont to be held at. the Will of the
Chief Officers of the Forest, without any certain
Time, 'till fince the Statute of Charta de Forefta.
Manwood, cap. 22. pag. 207.
·
Woad, A profitable Herb much ufed for the Dying
of blue Colours, mentioned in the Stat. 7 H. 8. cap. 2. Wood-plea-Court, A Court held twice in the
wold, (Sax.) Signifies a Down, or open Cham-Year in the Foreft of Clun in Shropshire, for de-
pion Ground, void of Wood; as Stow in the Wolds,termining all Matters of Wood and Agiftments there.
Cotswold in Gloucestershire, &c.
Wolfelhead, or Wolferhefod, (Sax.) Caput Lu-
pinum, Was the Condition of fuch as were Out-
laced in the Time of the Saxons; who if they
could not be taken alive to be brought to Juftice,
might be flain and their Heads brought to the King;
for they were no more accounted of than a Wolf's
Head, a Beaſt fo hurtful to Man. Leg. Edw. Conf.
Bra&. lib. 3.
atomen, Laws relating to. Sce Baron and Feme,
forcible Marriage, &c.
Wong, A Saxon Word for Field Tres aeras
Terra jacentes in le Wongs, i. e. in Campis opinor
nalibus. Spelm.
Woodward, Is an Officer of the Foreft, whofe
Office confifts in Looking after the Woods, and
Vert and Venifon, and preſenting Offences relating
to the fame, &c. And Woodwards may not walk
with Bow and Shafts, but with Foreft-Bills. Crompt.
Furif. 201. Manwood, par. 1. 189.
tool, Being a Staple Commodity of the greatest
Value in this Kingdom, the Imployment of our
Poor at home, and our most beneficial Trade a-
broad, depending in a great Meaſure upon it;
there have been divers good Laws made to pre-
ferve the fame intirely to our felves, and to pre-
femi-vent its being transported to other Nations. The
Stat. 27 Ed. 3. declared it Felony to transport Wool:
Wood. If any Perfon purposely burn any Pile But the Felony was repealed by 38 Ed. 3. cap. 6.
of Wood, or bark any Trees, &c. the Owner may By the 12 Car. 2. cap. 32. If any Perfon fhall ex-
recover treble Damages for it in Trefpafs. Star. port any Wool, Yarn, &c. he fhall forfeit the fame,
37 Hen. 6. c. 6. None may destroy any Woods, by and for every Pound-weight of Goods 3s. And the
turning them into Tillage or Pafture, &c. if two Owners of the Ship in which it fhall be tranfported,
Acres or more in Quantity, on Pain of 40s. an being privy to the Offence, fhall forfeit all their
Acre: And no Perfon fhall fuffer his Swine to go Intereft in the faid Ship; alfo the Mafter and Ma-
in a Wood unringed, under Penalties. Where there riners affifting, all their Goods; and any Perfons
is Wood or Coppice in Common, the Lord may in- may feife fuch Wool, and fhall be intitled to one
cloſe a fourth Part, c. 35. H. S. c. 17. 13 Eliz. Moiety, and the King to the other Moiety of For-
c. 25. If Coppice Wood is felled at or under twenty- feitures, &c. The 13 & 14 Car. 2. cap. 18. made
four Years Growth, there must be left twelve the Transportation of Wool Felony again; though
Standils of Oaks in every Acre, or the like Num-this being thought too fevere, the 7 & 8 W. 3. cap.
ber of Afh, Elm, &c. on Pain of forfeiting 3d 28. a fecond Time repeals the Felony, and ordains,
for every Standil wanting; and they are not to be that exporting Wool beyond Sea fhall incur a For-
cut down 'till ten Inches fquare within three Foot of feiture of the Veffel, and treble Value; and Per-
the Ground, or until fo many Years after left, un- fons aiding and affifting, to ſuffer three Years Im-
der the Penalty of 6 s. 8 d. &c. Stat. 35 Hen. 8. prifonment. By the Statute 9 & 10 W. 3. cap. 40.
cap. 17. All Woods or Coppices felled at fourteen the former Laws are explained, and a further Pro-
Years Growth, fhall be preferved from Deftruction vifion is made against tranfporting Wool; by obli-
for eight Years; and no Cattle be put into the ging Entries to be made of Wool fhorn, and Wool not
Ground from the Time of felling, 'till five Years to be carried near the Sea-Coafts, but between Sun-
afterwards, by 13 Eliz. cap. 25. The Statutes 43 rifing and Sun-fetting, &c. Unlawful Exporters
Eliz. cap. 7. and 15 Car. 2. cap. 2. provide againit of Wool, where Judgment is obtain'd against them,
Woodftealing, ordaining Recompence to be made, and are to pay the Sum recovered within three Months;
inflicting a Forfeiture of 10 s. c. Burning Woods, or be liable to Tranſportation for feven Years as
or Underwood, is made Felony: And Perfons ma- Felons. 4 Geo. I. cap. 11. The Admiralty fhall ap
licioufly cutting or fpoiling Timber-Trees, Fruit-point three Sixth Rate Ships, and eight Sloops to
Trees, &c. are to be fent to the House of Correc-
tion for three Months, and whipt once a Month,
by 1 Geo. 1. c. 48. Alfo where Perfons deftroy Trees,
Woods, or break open Hedges, the Owners fhall
have Satisfaction from the Inhabitants of the Place,
as for Dikes overthrown in the Night, provided by
cruife on the Coafts, and fearch and feife Veffels
having Manufactures of Wool of the Kingdom of
Ireland, to be exported to foreign Parts; which
with the Ships fhall be forfeited, &c. Stat. 5 Gev. 2.
c. 21. All woollen Manufactures, are to be 'fhipp'd
from Dublin, and certain other Ports in Ireland, and
imported.
4
:
WO
WR
ozmtak. Item eft ibidem, apud, &c. de Worm-
tak, vi fol. viii den. folvend. annuatim ad Feftum S. Mar-
tini. Inquific. Heref. 22 Rich. 2.
Wozt, or Worth, (From the Sax. Weorth) A Cur-
tilage or Country Farm. Matt. Weftm. 870.
imported here into Biddeford, and Ports named, and poration, &c. 7 & 8 W. 3. So in the Cities of
none others; and be brought from thence hither in Worcester, Gloucester and Canterbury, by the Statutes.
Ships built in Great Britain or Ireland and duly re-3 Ann. 13 Geo. I. and I Geo. 2. Parochial Work-
giftred on Oath. 12 Geo. 2. cap. 21. Wool-fells, &c. houses, fee Poor.
fhall be packed up in Leather, or Canvas marked,
and not in any Box, &c. on Pain of forfeiting 3 s.
for every Pound: Alfo no Coverlets, Waddings, or
Beds, &c. ftuffed with combed Wool may be ex-
ported under the like Penalties as for Exportation of
Wool. Stat. Ibid. Perfons that by way of Infurance,
undertake to carry woollen Goods abroad, fhall for
feit 500l. And if they give a Bribe or Reward to
any Officer to connive at exporting Wool, they are
liable to 300 1. Forfeiture; and Perfons obftructing
the Officer, or being armed, &c. refcuing any
Goods fhall be tranfported as Felons for feven Years.
Ibid. See 13 Geo. 2. c. 8.
Wool-dzivers, Are fuch as buy Wool in the Coun-
try of the Sheep-Owners, and carry it on Horfe-
back to the Clothiers, or to Market-Towns, to fell
again. 2 & 3 P. & M. c. 13.
Woolwinders, Thofe that wind up every Fleece
of Wool, intended to be packed and fold by Weight,
into a Kind of Bundle, after it is cleanfed as re-
quired by Statute, to avoid Deceits by Thrusting
in Locks of refufe Wool and Thrums to gain Weight:
They muſt be ſworn to perform this Office truly,
between the Owner and the Wool Buyer or Mer-
chant, by Stat. 8 Hen. 6. c. 22. 23 H. 8. c. 17. Per-
fons winding and felling deceitful Wool, fhall forfeit
for every Fleece 6d. And if Wool-packers do not
make good and due Packing, without putting any
Locks, Pelt Wool, Sand, Earth, Dirt, &c. in Fleeces,
Action of Trefpals and Deceit lies againſt them, &c.
Stat. ibid.
Woicefter. A Market for Hops to be held by the
Guardians of the Poor of the City of Worcester; and
the Liberty of holding the faid Market, and all
Tolls ufually had by the Mayor, Aldermen and
Citizens, fhall be vefted in fuch Guardians, for the
Ufes expreffed in the A&t 2 & 3 Ann. c. 8. Stat.
4 Geo. 2. c. 25.
atozcelters, and worsted Cloths, are mentioned in
many of our old Statures, as 17 R. 2. 7 E. 4. 14
& 15 Hen. 8. c. 3. &c. See Abr. Stat.
Wozthine of Land, Is a certain Quantity of
Ground, fo called in the Manor of Kinfland in the
County of Hereford: And in fome Places the Te-
nants are called Worthies. Confuetud. Maner, de Ha-
denham in Com. Bucks. 18 Ed. 3.
Wreck, (Lat. Wreccum Maris, Fr. Wreck de Mer,
fometimes writ Wreche, Werec, & Seup-werpe, quafi
Sea-up-werp, i. e. Ejectus Maris) Significs in our
Law fuch Goods as, after a Shipwreck, are caft upon
the Land by the Sea, and left there within fome
County; for they are not Wrecks fo long as they
remain at Sea, in the Jurifdiction of the Admiralty.
2 Inft. 167. Where a Ship is perifhed on the Sea,
and no Man efcapes alive out of it, this is called
Wreck: And the Goods in the Ship being brought
to Land by the Waves, belong to the King by his
Prerogative, or to the Lord of the Manor. 5 Rep.
106. By the Common Law all Wrecks belong'd to
the Crown; and therefore they are not chargeable
with any Customs, and for that Goods coming into
the Kingdom by Wreck, are not imported by any
Body, but caft afhore by the Wind and Sea: But it
was ufual to feife Wrecks to the King's Ufe, only
when no Owner could be found; and in that Cafe,
the Property being in no Man, it of Confequence
belongs to the King, as Lord of the narrow Seas,
may
c. Bract. lib. 2. cap. 5. And by the Stat. of Weftm.
I. 3 Ed. 1. cap. 4. it is enacted, that when a Man,
or any living Creature, efcapes alive cut of a Ship
caft away, whereby the Owner of the Goods may
be known, the Ship or Goods fhall not be Wreck;
but the fame fhall be kept a Year and a Day by
the Sheriff, to be restored to any Perſon that can
prove a Property in the Goods within that Time;
and if no Body comes, then the fame fhall be for
feited as Wreck. The Year and Day fhall be
Words, Which may be taken or interpreted by accounted from the Seizure; and if the Owner of
Law in a general or common Senfe, ought not to the Goods dies within the Year, his Execurors
receive a trained or unuſual Conftruction: And or Adminiftrators may make Proof: And when
ambiguous Words are to be conftrued fo as to make the Goods are Bona peritua, the Sheriff fell
them ftand with Law and Equity; and not to be them within the Year; fo as he difpofes of them
wreſted to do Wrong. A Latin Word in Pleading, to the beſt Advantage, and accounts for them,
which fignified divers Things, was well ufed to exc. 2 Inft. 167. 5 Rep. 106.
Wood's Inft. 214.
prefs that Thing intended to be expreffed by it: If a Man have a Grant of Wreck, and Goods are
Incertain Words in a Declaration are made good wreck'd upon his Lands, and another taketh them
and certain by a Plea in Bar, where Notice is away before Seizure, he may bring Action of Tre-
taken of the Meaning of them; and Words which pafs, &c. For before they are feifed, there is no
are in themſelves uncertain, may be made certain Property gain'd, to make it Felony. í Hawk. P. C.
by fubfequent or following Words. The different 94. If Goods wreck'd are feifed by Perfons having
Placing of the fame Words may caufe them to have no Authority, the Owner may have his Action
a different Senfe, and Conftru&tion: A Word which gainft them; or if the Wrong-doers are unknown,
is written fhort or abbreviated, is not good with- he may have a Commiffion to inquire, &c. 2 Inft.
out a Dafh to diftinguish it: And fenfelefs Words 166. Goods loft by Tempeft, or Piracy, &c. and
are void and idle; though they fhall not hurt where
it is good without them. Nor fhall Words in Deeds
that are needlefs, impeach a Claufe certain and
perfect without fuch Words. 2 Lill. Abr. 711, 712,
713, 714. Hob. 313. Vide Scilicet.
•
Mods Defamatory that are actionable, and Cri-
minal making Libels, and High Treafon; Words
how expounded in Wills, &c. See the Heads.
Work-houles. The most confiderable Work boufe
in the City of London, is that in Bijhopfgate-street;
wherein fome Hundreds of idle Perfons are con-
ftantly employed in beating Hemp, &c. and a great
many poor Children maintained and educated.
Stat. 13 & 14 Car. 2. And in the City of Bristol a
great Work-houfe is erected, for the better employ.
ing and maintaining the Poor, governed by a Cor-
a.
not by Wreck, if they afterwards come to Land,
fhall be reftored to the Owner. 27 Ed. 3. cap. 13.
Where a Ship is ready to fink, and all the Men
therein, for the Prefervation of their Lives, quir
the Ship, and afterwards the perifhes; if any of
the Men are faved and come to Land, the Goods
are not loft: A Ship on the Sea was chas'd by an
Enemy; the Men therein for the Security of their
Lives forfook the Ship, which was taken by the
Enemy, and fpoil'd of her Goods and Tackle, and
then turn'd to Sea; after this by Stress of Weather
he was caft on Land, where it happen'd her Men
ſafely arriv'd; and it was refolv'd, that this was
no Wreck. 2 Inft. 167. If a Wreck happens by any
Fault or Negligence in the Mafter or Mariners,
the Mafter muft make good the Lofs; but if the
fame
1
3
W R
WR
of, is Felony by tending to the Lofs there in all Writs Care is to be taken, that they be laid
fame was occafion'd by Tempelt, Ehemics, &c. he
fhall be excufed: And making Holes in Ships, or
any
of, is Felony, by Stat. 12 Ann. Which At re-
Au
quires Juftices of Peace to command Affiftance for
preferving Ships in Danger of Wrecks on the Coafts;
and Officers of Men of War, and other Ships, are
to be aiding, &c. under the Penalty of 100. No
Perfon fhall enter any fuch Ship, without Leave
from the Commander, or a Conftable, &c. And Per-
fons carrying away Goods from fuch Ships, are li-
able to pay treble Value; but the Perfons giving
Affiftance, fhall be paid by the Mafters a reafona-
ble Reward for Salvage, &c. 12 Ann. c. 18. See
Pilot. Mariners Ship-wreck'd how relieved Abroad,
by Stat. 1 & 9 Geo. 2. Vide Mariner.
reckfree, Is to be exempt from the Forfeiture
of Ship-wreck'd Goods and Veffels; which K. Edw.
1. by Charter granted to the Barons of the Cinque
Ports. Placit. temp. Ed. t.
which with others must be rightly directed; or
they will be naught. F. N. B. Style 42, 237 And
and form'd according to the Caufe or Ground of
them, and fo purfued in the Procefs thereof: Tho'
the Writ in fome Cafes may be general; and the
Count or Declaration fpecial. Hob. 18, 84, 251.
After the Action is fixed on, for a Wrong done, or
a Right detained, fuch a Writ muſt be taken our as
is fuitable to the Action; for the Writ is different
from the Action; though they are often confound-
ed: The Writ is to be grounded upon the Action,
and is the Means to bring the Plaintiff to his
Right. Wood's Inft. 560. The King's Writs cannot
be denied to the Subject; and it is regularly true
that no Man fhall be punished for fuing of Writ's
in the King's Courts, be it of Right or Wrong:
But Writs may be abated in feveral Cafes, &c. Ibid.
An Original Writ defective in Form is abateable;
but no Abatement of the Writ is admitted after
Judgment in the Caufe, the Writ being allow'd
by the Pleadings and Proceedings; and a Writ
that did not purſue the exact Form of the Re-
gifter, has been held good. 2 Lill. Abr. 717. Hob.,
51. 3 Nelf. Abt. $75. Writs Judicial, if errro-
neous, may be amended; Original Writs are not
amendable, if the Error be by Default of the
Party who gave Inftructions; yet a new Original
may be taken out, where it is not amendable.
Lill. 716. Writs may be renewed every Term,
Latitat be not renewed in five Terms, a new Writ
is to be taken out, and the Plaintiff may not rẻ-
new the old one. The Sheriffs Bailiffs cannot exe-
cute a Writ directed to the Sheriff, withour his
Warrant; and if in a Writ feveral Perfons are in-
cluded, (for four Defendants may be in one Writ)
there must be feveral Warrants from the Sheriff to
Re-execute the fame. Comp. Attorn. All Writs are to be
return'd and filed in due Time, to avoid Poft ter-
minums; and it is very unfafe to keep Writs unfiled;
becaufe the Filing them is the Warranty for the
Proceedings: And where a Writ is iffued our di-
rected to the Sheriff, when it comes to his Hands,
though the Plaintiff requires the Writ back again,
the Sheriff must return and file it in the Court
where returnable; unless the Plaintiff procure a
Writ of Superfedeas. 2 Lill. Abr. 120. Attachment
lics againft Sheriffs, &c. for not executing a Writ
or for doing it oppreffively by Force, extorting
Money thereon, or not doing it effectually, through
any corrupt Practice. Vide 8 Rep. 86. The Court
of B. R. cannot give Judgment of a Writ but where
it is before them; and has deferred to quafh it, be-
caufe the Defendant was not prefent in Court. I
Lord Raym. 618, 620. See Arrefts, Variane, &c.
!
Writing, (Scriptum) A fimple Writing of Decla-
ration, not in the Manner of a Deed, made to a
certain Perfon, &c. fhall be good in Law. Hob. 312.
rit, (Breve, in Sax. Writah, i. c. Scribere) In
general is the King's Precept, in Writing under Seal,
iffuing out of fome Court to the Sheriff, or other
Perfon, and commanding fomething to be done
touching a Suit of Action, or giving Commiffion to
have it done. Terms de Ley. 1 Inft. 73. Alſo a Writ
is faid to he a formal Letter of the King, in Parch-2
ment fealed with a Seal, directed to fome Judge, until a Défendant is arreſted; but in E. R. if the
Officer, or Minifter, c. at the Suit or Plaint of
a Subje&t, requiring to have a Thing done, for the
Caufe briefly expreffed, which is to be difcuffed in
the proper Court according to Law. Old Nat. Br. 4.
Shep. Abr. 245. Of Writs there are divers Kinds,
in many Refpects; fome Writs are grounded on
Rights of Action, and fome in Nature of Commiffions;
fome Mandatory and Extrajudicial, and others
medial; and fome are Patent or open, and fome
Cloſe or fealed up; fome Writs iffue at the Suit of
Parties; fome are of Office, fome Ordinary, and o
thers of Privilege; and fome Writs are directed to
the Sheriffs, and in fpecial Cafes to the Party, &c.
1 Inft. 289. 2. Inft. 39. 7 Rep. 20. The Writs in
Civil Actions are either Original or Fudicial: Original
Writs are iffued out of the Court of Chancery, for
the Summoning a Defendant to appear, and are
granted before the Suit is begun, to begin the fame;
and Judicial Writs iffue out of the Court where the
Original is return'd, after the Suit is begun: The
Originals bear Date in the Name of the King; but
Judicial Writs bear Tefte in the Name of the Chief
Juftice: And it is obferv'd, that a Writ without a
Tefte is not good, for the Time may be material
when it was taken out, and it is proved by the Tefte;
and if it be out of the Common Law Courts, it mult
bear Date fome Day in Term, (not being Sunday)
but in Chancery Writs may be iffued in Vacation as
well as Term-Time, as that Court is always open;
alſo there are to be fifteen Days between the Tefte
and Return of all Writs, where the Suit is by Ori-
ginal; but by Statute Delays in Actions by Reafon
of fifteen Days between the Tefte and Return of Writ of Inquiry of Damages, Is a judicial
Writs in Perfonal Actions, and Ejectments, are re-Writ, that iffues out to the Sheriff upon a Judg
medied. F. N. B. 51, 147. 2 Inft. 40. Lutw. 337. ment by Default, in Action of the Cafe, Covenant,
13 Car. 2. cap. 2. Writs in Actions are likewife Real; Trefpafs, Trover, &c. commanding him to fum-
concerning the Poffeffion of Lands, called Writs of mon a Jury to inquire what Damages the Plaintiff
Entry, or of Right touching the Property, &c. hath fuftained occafione præmifforum; and when this
Perfonal, relating to Goods, Chattels, and Perfonal is returned with the Inquifition, the Rule for
Injuries; and Mix'd, for the Recovery of the Judgment is given upon it; and if nothing be faid
Thing, and Damages. 2 Inft. 39. And Writs may to the contrary, Judgment is thereupon entered.
be Poffeffory, of a Man's own Poffeffion; or Ancestrel, 2 Lill. Abr. 721. This Writ lies on a Nihil dicit,
of the Seifin and Poffeffion of his Anceſtor: And Non fum informatus, or a Demurrer; but not upon
there are certain Writs of Prevention or Anticipation; a Verdict: And it is executed before the Sheriff,
and of Reftitution, &c. But the moſt common Writs or his Deputy, at the Time of which both Parties,
in daily e, are in Debt, Detinue, Trefpafs, Ac- have the Liberty of being heard before the Sheriff,
tion upon the Cafe, Accompt, and Covenant, by their Counfel or Attornies, and Evidence may
ġ U
bo
c.
Writ of Mtance, Is a Writ iffuing out of the
Exchequer, to authorife any Perfon to take a Con-
ftable, or other publick Officer, to feife Goods or
Merchandize prohibited and uncuftomed, &c. And
there is a Writ of this Name iffued out of the
Chancery, to give Poffeffion of Lands. Stat. 14 Car.
z. cap. 1.
:{
1
XE
YE
i
:
·
be given on both Sides: It is the Duty of the Jury
diligently to inquire what Damages have been fu-
ftained by the Plaintiff, and this cannot be without
Evidence given them; and if where an Indebitat.
Affumpfit is brought for 100%. for Goods, fold, and
the Defendant lets this go by Default; if the Plain-
tiff at the Executing the Writ of Inquiry, gives no
Evidence to the Jury of any Goods, fold or de-
livered to the Defendant: In this Cafe, the Jury
must find fome Damages, becauſe the Defendant
hath confeſs'd the Action, and admitted that there
is Damage; but there not being any proved, they
ought to find only a Penny, or fome fuch fmall
Matter. 2 Lill. Abr. 721, 722. If a Writ of Inquiry
be executed without giving due Notice thereof to
the Defendant, it ſhall be quafhed. 2 Lill. 721. In
an Action of Covenant, Judgment was given for the
Plaintiff in the Common Pleas by Default, and a Writ
of Inquiry of Damages executed, and final Judg.
ment for the Plaintiff. And on a Writ of Error
brought in B. R. amongst other Exceptions, one
was, that no Day was given on the Writ of Inquiry,
and therefore it might be a Difcontinuance; but the
Court refolv'd, that they never give a Day in C. B.
on this Writ, nor is it neceffary, becaufe nothing is
done but to afcertain the Damages. 1 Ld. Raym. 388.
A Writ of Enquiry was ordered to be executed before
the Lord Chief Juftice, the Action being laid for
very large Damages: And fuch Writ hath been fer
afide where the Jury gave too little Damages; and
a new Writ of Enquiry ordered by Rule of Court,
on Payment of Cofts, c. Mod. Caf. in L. and E.
213, 240. A Judgment ſhall not be ſet aſide, after
a Writ of Inquiry executed. 3 Salk.
Writ of Rebellion, A Writ out of the Chancery,
or Exchequer, againſt a Perfon in Contempt, for not
appearing in thofe Courts, &c. See Commiffion of
Rebellion.
Wrong, (Injuria) Signifies any Damage or Injury,
being in Law Construction that which is contrary
to Right. Co. Litt. Vide Tort.
Wronglands, Seem to be ill grown Trees that
will never prove Timber; fuch as wrong the Ground
they grow in. Kitch. 169.
•
gers, and other Guefts: Alfo an Hoſpital, In qua
valetudinarii & fenés, i. e. Ipfirmi, recipiuntur & alun-
tur. Vocab. utriufque Juris.
Eerophagia, A Kind of Chriftian Faft; the Eating
of dry Meat. Litt, Dic.
Eylopola, A Woodmonger, or Dealer in Wood.
Litt.
yfticus, Is a Wreftler, or Champion: And
Xyftus was a covered Place or Theatre, wheré
Men ufed Wrestling and other Excrcites in the
Winter. Ibid.
Y
4
01
fint credendi per fuum Ya & per fuum Nay, in
A and May, Quod Homines de Rippon
omnibus Querelis, c. Charta Athelftan. Reg. Mon.
Angl. Tom. 1. p. 173.
i
·
·
>
Pard, Is a well known Meaſure, Three Foot in
Length; by which Cloth, Linen, &c. are mea-
fured: It was ordained by King Hen. 1. from the
Length of his own Arm, Baker's Chron.
Pardland, (Virgata Terre) Is a Quantity of Land,
different according to the Place or Country; as at
Wimbleton in Surrey, it is but fifteen Acres, in
other Counties it is Twenty, in fome Twenty-four,
and in others Thirty, and forty Acres. Bract. lib. 2.
c. 10.
Parmouth. There is an A&t for regulating the
Time of bringing in and felling Herrings at the
Fair of Great Yarmouth, fixing the Prices and Quan-
tity by the Laft, &c. 31 Ed. 3. c. 2.
Parn. No Perfon fhall buy Yarn or Wool, but
he that makes Cloth of it: And none may Tranf
port Tarn beyond the Sea, by Stat. 8 H. 6. c. 5.
33. H. 8. c. 16.
Paugh, A Latcht, or little Bark; alfo a Fly-boat,
Pinnace, &c. In Lat. called Celox, à celeritudine,
from its Swiftnefs. Litt. Di&.
Peonomus, Oeconomus; an Advocate, Patron or
Defender. Vit. Abbat. S. Albani.
Year, (Annuș) In the full Extent of the Word,
contains a Syftem or Cycle of feveral Months, u-
Wudeheth, (From the Sax. Wude, i. e. Sylva) A fually twelve; and is the Time wherein the Sun goes
Felling of Wood. Leg. Hen. I. c, 37.
round his Compafs thro' the Twelve Signs, viz.
Wydzaught, A Water-Paffage, Gutter, or Water-Three hundred and Sixty-five Days, and about fix
ing-place; often mentioned in old Leafes of Houfes,
in the Covenant for Repairs, &c.
Wyke, Wyka, Et totam Wykam cum homi-
nibus, &c. Mon. Ang. Tom. 2. pag. 154. See Wic
and Wica.
Wyte, Pœna, Mulia; Saxones duo Muleta-
rum genera ſtatuere, i, e. Weram, & Wytam. Vide
Wite.
X
X.
Hours. A Year is Twelve Months, as divided by
Fulius Cæfar: And the Church begins the Year on
the first Day of January, called New-Year's Day;
but the Civil Account not till March the 25th. It
appears by ancient Grants and Charters, that our
Ancestors began the Year at Christmas, which was ob-
ferved here till the Time of William 1. commonly
called the Conqueror; but afterwards, for fome Time
Year of our Lord was feldom mentioned in Grants,
only the Year of the Reign of the King. Mon. Angl.
Tom. 1. pag. 62. There is a Year of the World, and
a Year of Chrift: And befides the Annus Solaris; the
Lunar Year, being the Time in which any of the
Celeſtial Bodies finish their Courfe; and thirty
Days, by which the Egyptians reckoned. Year is
alfo taken for Time in general; and the Age of
Wutus, Is uſed for Sanctus : Xanta Dei Lex eft
que mortuos vivere doret.
Xenia, Dicuntur Munufcula, que a Provincialibus
Rectoribus Provinciarum offerebantur: Vox eft in Privi-
legiorum Chartis non infueta; ubi quietus effe a Xeniis Man. Litt.
immunes notat ab hujufmodi muneribus aliifque donis Regi Year and Day, (Annus & Dies) Is a Time that
vel Regina præftandis, quando iffi per predia Privile-determines a Right, or works a Prefcription in
giatorum tranfierint, Chart. Dom. Semplingham. Con- many Cafes by Law; as in Cafe of an Eftray, if
cedo ut omnia Monafteria & Ecclefiæ Regni mei a Pub-the Owner challenge it not within that Time, it
licis Vectigalibus, operibus & oneribus abfolvantur :-belongs to the Lord; fo of a Wreck, &c. A Year
Nec Munufcula prabeant Regi vel Principibus, nifi vo- and Day is given to profecute Appeals; and for
luntaria. Spelm. Gloff. Nulla autem Perfona, parva A&tions in a Writ of Right, c. after Entry or
vel magna, ab hominibus & terra Radingenfis Mona-Claim, to avoid a Fine: And if a Perſon wounded
fterii exigat, non Equitationem fice Expeditionem, non die in a Year and Day, it makes the Offender guilty
fummagia, non Vectigalia, non Navigia, non Opera, non of Murder, &c. 3 Inft. 53. 6 Rep. 107.
Tributa, non Xenia, &c. Memd. Scacc. Anno 20
Ed. 3.
Xenodochium, Is interpreted an Inn, allow'd by
publick Licence for the Entertainment of Stran-
S
Year, Day and Walte, (Annus, Dies
Vatum)
Is a Part of the King's Prerogative, whereby he
hath the Profits of Lands and Tenements for a Tear
and a Day of thoſe that are attainted of Petit Trea-
fon
YO
ZY
*
་
fon or Felony, whofocver is Lord of the Manor Water in York-Buildings; and this Company having
whereto the Lands or Tenements do belong; and bought the Forfeited Estates in Scotland on the Re-
the King may caufe Waste to be made on the Te-bellion Anno 1 Geo. I. to inable them to make good
nements, by deftroying the Houfes, ploughing up their Engagements to the Government, they were
the Meadows and Paftures, rooting up the Woods, impowered to difpofe of Rent-Charges, grant An-
&c. except the Lord of the Fee agree with him quities, &c. and any Perfons may purchafe Annui-
for the Redemption of fuch Wafte; afterwards ties of the faid Company. 7 Geo. I. cap. 20.
reftoring it to the Lord of the Fee. Staundf. Pra Ppavzemeta, In Latin Altitonans, Signifies God;
rog. 44
the Thunderer.
and yo
Peme, Is often made ufe of for Hyeme. Law
Fr. Di&t
Pbernagium, From the Fr. Hyvernee, the Winter-
Corn Seafon. See Hibernagium.
Pule. In the North of England, the Country
People call the Feast of the Nativity of our Lord by
the Name of rule, which is the proper Scotch Word
for Christmas; and the Sports ufed at Chriſtmas here,
called Christmas Gambols, in Scotland they term Lule-
Games. A Statute was made not long fince for the
Repeal of a repealing A&t paffed in the Parliament
of Scotland, intitled an A&t for difcharging the Lule-
vacance. 1 Geo. 1. c. 8.
Yeoman, A Derivative of the Sax. German, i. e.
Communis; and Yeomen are a Degree of Commoners,
which Camden placeth next in Order to Gentlemen,
calling them Ingenuos, and this is agreeable to the
Stat. 6 R. 2. cap. 4. Yeomen are chiefly Freeholders,
and Farmers; but this Word comprehends all un
der the Rank of Genilemen, and is a good Ad-
dition to a Name, &c. 2 Inft. 668. Allo Teoman
fignifies an Officer in the King's Houfe, between
the Serjeant and the Groom; as Teoman of the
Stirrop • "And there are Teomen of the Guard, &c.
33 Hen. 8. capo 12ft T
Peoven, (From the Sax: Ceorlin, Dare) Is, their
fame with ; and it was formerly ufed at the
of Indentures
find with Given, and nd wether Inftruments inftead
Yeoven, the Day and Year above
Z
oft lle of com
bro
Abólus, i. e. Diabolus, As uſed in many old
Writers, viz. Edgar, in Leg. Monach. Hydenf.
c. 4. Oderic. Vitalis 460, &c.
Zachine, A Foreign Coin of Gold. Merch. Dict.
Žala, i. e. Incendium; from whence we derive the
English Word Zeal.
thereof.
written.
Pew, Is derived from the Greek wrw, to hurt,
and probably because before the Invention of Guns
our Anceffors made Borus with this Wood, with Zancha, A Kind of Velture or Garment. Litt.
which they annoy'd their Enemies, and thereforezant-killow, A Meaſure containing fix Engliſh
they took Care to plant the Trees in the Church- |
yards, where they might be often feen and pre-
ferved by the People. Minfbeu.
Buthels.
Zatobin, Satrin, or fine Silk; mention'd in Mon.
Angl. Tom. 3. p. 177.
Pielding and Paying, (Reddendo & Solvendo) Zealot, (Zelotes) Is for the moft part taken in
Comes from the Sax. Geldan Gildan; and in pejorem fenfum, ſo that we term one that is a Sepa-
Domesday, Gildare is frequently used for Solvere, Red-ratift or Schifmatick from the Church of England, a
dere, the Sax. G. being often turn'd into r
Zealot or Fanatick.
Zereth, An Hebrew Meaſure of nine Inches. Litt.
Dict
Pingman, Mentioned in the Laws of King Hen.
1. c. 15. Spelman thinks may be a Miftake for In
glishman, or as we now fay Englishman: But per- Zeta, A Room kept warm like a Stove; a with
haps the ringmen were rather Youngmen, printed for drawing Chamber with Pipes convey'd along in the
Yeomen and Yemen, in Stat. 33 H. 8. cap. 10.
Walls, to receive from below either the cool Air
Pokelet, (Sax. Focelet) Is a little Farm, &c. in in the Summer, or the Heat of Fire, &c. in Win-
fome Parts of Kent, fo called from its requiring butter: It is called by our English Hiftorians a Dining
or Parlour. Osborn. vita S. Elphegi
a Yoke of Oxon to till it.' Sax. Di&.
>
Pork and. Porkſhire. Perfons inhabiting, or thofe Wharton. Angl. pari 2. p. 127. Begi apud
who have any Goods within the Province of York,
may by Will difpofe of all their perfonal Eftate,
&c. 4 & 5 W. & M. cap. 2. And a Regiftry of
Deeds, Conveyances, and Wills, c. of Lands, is
ordained in the Weft Riding of Yorkshire, by 2 Ann.
c. 4. And fo in East and North Riding, by fubfequent
A&s. Large Waftes in the Weft-Riding of the Coun-
ty of York, by Confent of Lords of Manors, &c.
to be incloſed; a fixth Part for the Benefit of poor
Clergymen, &c. 12 Ann. Tork Market is regulated
for Sale of Butter, . which fhall be viewed,
fearched and weighed before fold, by Stat. 8 Geo. 1.
Yorkshire Cloths are to be of certain Lengths and
Breadths, under the Penalty of 20s. leviable by Ju-
ftices of Peace, &c. And narrow woollen Cloths
fhall have the Names of the Maker, Millman, and
Searcher ftamped thereon; and not be ftretched
above a Yard in Length, &c. under divers Penalties.
See Stat. 7 Ann. 1 Geo. 1. 11 Geo. 1. 7 Geo. 2. c. 25. 11
Geo. 2. c. 28. and 14 Geo. 2. c. 35.
Pozk-Buildings Company, A Corporation or
Company erected by Statute for Railing Thames
Zigarus, A Strolling Thief, or Gipfy. Litt.
Zodiack, (Zodiacus) A Circle in the Heavens,
containing the Twelve Signs through which the Sun
paffes every Year of Time. Lṛtt.
Zuche, (Zucheus, Stips ficcus & aridus) A, withered
or dry Stock of a Tree. •Rex, &c. Quia acce-
pimus per Inquifitionem, quod non eft ad Dampnum feu
præjudicium noftrum aut aliorum, fi concedimus dilecto
valecto noftro Richard. de S. omnes Zucheos aridos, qui
Anglice vocantur Stovenes infra Haiam de Backwood,
infra Foreftam noftram de Shirewood, &c. Placit.
Foreft. Anno 8 Hen. 3. This feems to have been the
Writ of Ad quod Damnum iſſued, on granting of
Zuches or dead Wood in a Foreft, &c. Rex conceffit
Thomæ de C. omnes Zuchcos aridos, vocat. Stubs,
arborum fucciforum in Forefta de G. ibidem capiend. per
vifum Cuftodis Forefta ultra Trentam. Pat. 22 Ed. 3.
3ygoffata, Is a Clerk of the Market, to fee to
Weights, &c. Litt. Dict.
Zythum, A Drink made of Corn, ufed by the
old Gauls; fo called from the Seething or Boiling it,
whence Syder had its Name.
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Abatement. 1 Show. 75. Ibid. 402, 403,404,
5 Mod. 144. 1 Salk. 2.
Awatds. 1 Salk. 83. Ibid. 70, 71, Mod, Caf.
35. Ibid. 160, 176.
}
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1 Salk. 251.
B.
Bail. Skinn. 683, 684. 5 Mod. 454, 455.
1. Salk. 97, 98. Ibid. 100. Mod. Caf
122. Ibid. 266, 267, 268. 3 Salk. 55,
56, 58. Mod. Caf. 304.
Amendment.
Acquittal. Mod. Caf. 216, 217. 5 Mod. 405.
Adions. 1 Salk. 15, 16. Ibid. 26.
Additions. Mod. Caf. 198, 199.
Adminiftrato2s. 1 Show. 351.
Ibid. 285. 3 Salk. 161. 3 Mod. 276.
Adultery. Farefl. 78, 79, 80, &c. 2 Salk. 552.
5. Moda 16, 69.
Mod. Caf. 268, 274, 285. i Salk. 51.
Mod. Caf. 263. -1 Salk. 52.
}
1
i Salk. 50.
Caf. 162.
Baton and Feme.
Baron and Feme.
116, 118.
Antient Demefne. 1 Salk. 57.
Appeals. Carthew 54, 55, 56. Skinn. 670,
671. 1 Salk. 63.
Apprentices. Carth. 162, 163.
1 Show. 267,
268. 1 Salk. 66. 3.Salk. 41. 2 Salk.
611. Mod. Caf. 227, 259; 260.
Arrefts, Farefl. 52, 53.
Arrest of Judgment. 1 Salk. 77.
Affets. Carth. 126, 127, 129. Ibid. 245, 246.
Aflignments. 1 Show. 340, 341. 3 Salk. 5.
1 Show. 348.
Attornies, Farefl. 50. Mod. Caf. 16. Ibid.
Bankrupts. 3 Salk. 61.
Bankrupts, 3 Salk. 61. 1 Salk. 110.
Bargain and Sale. 1 Salk. 171,113. Mod:
Skinn. 323, 3:24.
Mod. Caf. 171.
摯
​I Salk.
Bills of Exchange and Notes. 1 Show. 125.
127. Ibid. 155, 156. Ibid. 317, 319.
3.Salk, 68.. Skinn. 343. 3 Salk. 70.
Skinn. 410, 411. Farefl. 87. 1 Salk.
126,.127. Ibid. 283. Mod. Caf. 36.
37. Ibid. 80. 1 Salk. 131. Mod, Caf
147.
Bonds. 3 Salk. 73. 2 Salk. 463. 3 Salk. 118.
Mod. Caf. 260. 1.Salk. 172.
Bozough English. Mod. Caf. 120, 121, 122.
Bridges. Farefl. 54, 55. Mod. Caf. 255.
Buildings. 3 Salk. 247. Mod. Caf. 116, 314.
C. Car
}
187.
ނ
O.
ATAB L E.
Difcent. I Show.93. 3 Šalk. 129. Mod. Cá.241.
Discontinuance. - 1 Salk. 324.
1
Carriers and. Coachmen, Skinn. 625. 1 Salk. Diffiefs. Ibid. 248.r
282.3 Salk. 11,
i
Certiozari. I Salk, ¹200.
Challenge. 3 Salk. 81.
E.
>
·
1
Church. 1 Salk. 164. Carth. 360. Skinn. 716. Ecclefiaftical Courts. 5 Mod. 70, 71. Ibid.
Mod. Caf. 189, 190. 3 Salk. 88.
Churchwardens. Carth. 118.
霜
​Colleges. 1 Show. 74. Carth. 92, 95. 4 Mod.
241.
450.
Ejeament. Skinn. 300. 2. Salk. 421. Farefl.
67. 1 Salk. 257, 259,260.
Entry.
Commitments. 5 Mod, 21, 23. Skinn. 598. Errez.
5 Mod. 80, 81, 84. Ibid. 416.
Commons. Salk. 13, 14.
3
Conditions. 3 Salk. 95.
Confpiracy. Mod. Caf. 169, 185.
Conttables, 2 Salk. 502. 1 Salk. 176.
Convictions. Mod. Caf. 17. Ibid. 41.
Copyhold Cfkates. 1 Show. 87. Carth. 205.
4 Mod. 253. 3 Salk. 99, 100. Mod.
Caf. 66.
Salk. 246.
1 Show..76, Carth. 41. Ibid. 205, 283.
Ibid. 520. 5 Mod. 67. 1 Salk. 264.
3 Salk. 145, 148. Farefl. 155. Mod.
Caf. 208. 1 Salk. 265, 266.
I Salk. 272.
Efcape. I Show. 174, 177. I Salk.
Cftates. Mod. Caf. 106, 107.
Coppel. 3 Salk. 151.
Eltreats. 1 Salk. 55.
Evidence. Skinn. 623. Ibid. 639,673. 3 Salk.
154, 155.
2 Salk. 690. 1 Salk. 284.
Ibid. 286, 288.
Cozoners. I Show. 329. 1 Salk. 377. Farefl. Execution.
10.
5 Mod. 377.
264, 392,
Carth. 420. í Salk.
Carth.420.
Cozpozations. 4 Mod. 36. 1 Show. 280. 3 Executo2s. Skinn. 274.
102, 103. Salk. 192.
Covenants. i Salk. 198.
1 Salk. 198.
3 Salk. 298.
1 Salk. 296. 5 Mod.
145. I Salk. 299, 394. 3 Salk. 152.
1 Salk. 312. Mod. Caf. 144.
Courts. 1 Salk. 144, 149.
Farefl.-4, -5,-6, &c.
•
Ibid. 85, 103.
Cuftos Rotulozum. 3 Mod. 32.
295. 1 Show. 527, 507. ›
F.
Ibid. 172,
Fees. 1 Salk. 331, 332, 333.
Felons Goods. Skinn. 357.
D.
Fines. Carth. 412. 1 Salk. 341. 3 Salk. 168.
Damages. 1 Salk. 218. 5 Mod. 77.
Fishery. 2 Salk. 637. Skinn. 67 7 ..
Carth.
416. Skinn. 595. Mod. Caf. 153. Ibid. | Fozcible Entry. 2, Salk. 587.
305.
1
Deaths of perfons. Carth. 246.
Debt. Farell. 89, 90.
Deceit.
Salk. 211. Ibid. 283.
Declarations. Carth. 86, I Salk. 324.
Deeds. 1 Show. 59. Carth. 77. Skinn. 315.
3 Salk. 119, 120. Farefl. 38. 2 Salk.
498. Mod. Caf. 217. 1 Salk. 215.
Deer. Carth. 509. Farefl. 134.
Default. Salk. 216. Mad. Caf. 8.
1
Demurrer. 3 Salk. 122. .
Departure. I Salk. 222. Mod. Caf. 115.
Deputies. 1 Salk. 95.
Forgery. Farefl. 151.
G..
-
I r
Gaming. 5 Mod. 13. 1 Salk. 344. 3 Salk. 176.
Mod. Caf.
129.
Good Behaviour. Farefl. 29.
Grants. Mod. Caf. 172, 171.
Guardians. Carth. 386.
··H.'
1
Habeas Cozpus. 1 Salk.
I Salk. 349, 350. Ibid. 352.
Heirs. 1 Show. 248. 3 Salk. 179.
9 X
Heriots.
1
ATABLE.
•
Heriots. I Show. 81.
Highways. 1 Show. 270. Mod. Caf. 163.
I.
Jamaica. 4 Mod. 225.
Imparlance. Mod. Caf. 243.
M.
Mandamus. 'Show. 365. s Mod. 11. Ibid.
316. 3 Salk. 230. 2 Saĺk. 429, 430,
431. Mod. Caf. 152.
Marriage. 5 Mod. 412. Mod. Caf. 155, 172.
3 Salk. 16. 2 Salk. 437. Ibid. 438.
Merchants. 2 Salk. 445.:.
Indiaments. 1 Salk. 371, 380. Mod. Caf 77 Milnomer. 3 Salk..236.
100, 168. 3 Salk. 20.)
Infants. Carth. 123. 1 Show. 169, 170. 3
1 Show. 169, 170. 3oney. Skinn. 573.
Mod. 310.
Informations. 5 Mod. 464. Carth. 227.
Salk. 372, 367.
Inquifitions. Mod. Caf. 95.
1 Salk. 6.
2 Salk. 597.
Monopolies. 2 Salk. 447.
I
Mortgages., i Salk. 246.
Murder. 1 Salk. 335. Skinn, 667. Kel. 121, &c.
Inns of Court. Skin. 685.
Jointenants. 1 Salk. 391, 392.
De
Judges, and Judgments. 3 Salk. 212.
Ibid.
-
N.
Ne ereat Regnum. Farefl. 9.
305. Skin. 591. 1 Salk. 396, 398. Negroes. 2 Şalk. 666.
Ibid. 400, 403. Farefl. 47, 53. Ibid.
39, 49, 25, 115, 139. Mod. Caf. 184,
191.
I
Jurisdiction. Show. 255. 3 Salk. 79.
Juro2s. Carth. 465, 466.
´
Juftices of Peace. 4 Mod. 51. 3 Salk. 27.
Farefl. 99:
Juftification. Carth. 74. Skinn. 587. 2 Salk.
628: 3 Salk. 47.
Polle Profequi. Mod. Caf. 261, 202.
Non Compos. 3 Salk. 301.
Kulance. Ibid. 247.
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1
O.
Offices. 4 Mod. 2 80. Carth. 306.
Dutlawzy. 2 Salk. 495.
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2003
K.
king. Farefl. 78. 3 Salk. 265.
L.
Labourers. Mod. Caf. 205.
Leales.
P.
Pardons. Carth. 121.
bardons.
1 Show. 284. 2 Salk.
499, 500. 4 Mod. 63. 3 Salk. 264.
2
Parliament. Carth. 233, 234. 1 Salk. 20.
Salk. 502, 503, 510. 3 Salk. 18. Mod.
Caf. 50.
1 Show. 316. I Salk. 346. Carth. Pawns and Pledges. 3 Salk. 268, 269.
259. Skinn. 330. 2 Salk. 413. 5 Mod. Peculiars. Mod. Caf. 308.
381. 3 Salk. 222. 1 Salk. 368. Mod.
Caf. 215.
Ledurers. 3 Salk. 87.
Peerage. Skinn. 517.
Perjury. Skinn. 403. 5 Mod. 348. Carth. 422.
Letters Patent. Skinn. 657, 659. 2 Salk. 497. Phylicians. Carth. 494.
Lebari facias. Skinn. 617, 618.
Libels. 2 Salk. 417, 661. 3 Salk. 225, 226.
Limitation. 1 Show. 341. 5 Mod. 426. Carth.
471.
London. 5 Mod. 320. Carth. 482.
1
Lottery. Salk. 210, 292.
1
|
Play-houles. 5 Mod. 142. Farefl. 17.
Pleadings. 1 Show. 290. Skinn. 299, 300.
2 Salk. 515, 517. 3 Salk. 209. 1 Salk.
179. 3 Salk. 273. Mod. Caf.-236.
P002. 3 Mod: 271. Skinn. 620.
2 Salk. 473,
481, 486, 491. Ibid. 524, 526. Carth.
515. 2 Salk. 527, 531, 532. Mod.
Caf. 97, 98.3 Salk. 259, 260. 1 Salk.
406.
Pott-Dfice. 5 Mod. 456. 1 Salk. 17.
Practice.
4
A TABLE.
:
1
Practice. Skinn. 273.
Pæfentation. 1 Salk. 43.
Privilege. Skinn. 582. 1 Salk. 1. 2 Salk. 545.
3 Salk. 283.
Privileged Places. 3 Salk. 45, 92.
Prohibitions. 2 Salk. 549, 550. Farefl. 80,
121, 122. Ibid. 137, 147. 3 Salk. 289.
Mod. Caf. 252.
Property. 3 Salk. 290.
Simony, Carth. 485.
Slander. 2 Salk. 697, 698. Farefl. 107. Mod.
Caf. 23. 3 Salk. 190.
Statutes._1_Salk. 212.
1 Salk. 212. 3 Salk. 330, 331. Mod.
Caf. 62.
Stocks. 1
I Salk. 112.
Q.
Quantum meruit. ■ Salk. 557.
Qui tam, and Tam quam. 3 Salk. 7.
R.
Recognizances. Farefl. 10.
Records. 2 Salk. 566, 567.
Recoveries. Carth. 212. 2 Salk. 569, 676.
Farefl. 21, 22.
Releafes. Show. 46. 3
1 Show. 46. 3 Mod. 279. Farefl. 75.
T.
Lail. 3 Salk. 337.
337. 2 Salk. 619.
Lares. 2 Salk. 615. 3 Salk. 340. Carth. 439.
Mod. Cal. 214.
Tithes. Carth. 70.
2 Salk. 551.
Coll. Carth. 358. 4 Mod. 323.
Traverse. 3 Salk. 357.
Creafon. 4 Mod. 166, 395, 401. Skinn. 579.
2 Salk. 631, 633, 634.
Trefpafs. ; Salk. 359. Mod. Caf. 127, 2 Salk.
643.
Trials. 2 Salk. 648, 649.
Erober.
Mod. Caf. 212.
Kemainders. Skinn. 351, 352.
3 Salk. 300.
2 Salk. 577
Crufts.
2 Salk. 679.
Kemittitur. I Show. 404.
Kents. 3 Salk. 109.
U.
Keplevin. 2 Salk. 581. Mod. Caf. 102, 103.
Magrants. Mod. Caf. 240.
Kefcue. 3 Salk. 311. 2 Salk. 586.
Kiots. 3 Salk. 317. 5
Mod. 405. 2 Salk. 595.
Wenue.
Wiew.
Mod. Caf. 222, 265. 2 Salk. 670.
2 Salk. 665.
Rivers. 1 Salk. 357.
Kobbery. Carth. 146. Farefly. 157.
les. Carth. 262. 3 Salk. 334, 387.
fury. Carth. 252. Skinn. 348.
S.
Scire facias.
Servants.
2 Salk. 599, 600. 3 Salk. 321.
Show. 95. 3 Salk. 234. 2 Salk.
438, 441.
Seffions. 2 Salk. 606.
Sheriffs. 4 Mod. 273. 5 Mod. 438. Mod.
Cal. 154, 299.
W.
Wager of Law. 2 Salk. 683.
Wagers. 1 Show. 157.
Mills.
Skinn. 320, 413. 3 Salk. 127, 394.
1 Salk. 234, 237. Mod. Caf. 26.
Witnelles. Carth. 144. 5 Mod. 15, 74, 75.
2 Salk. 689. Farefl. 19.
Ships. I Show. 13, 30. Ibid. 104, 179. Carth.
27. Skinn. 278. 1 Salk. 33. 3 Salk. 23. rits. Mod. Caf. 133, 310.
N. B. Theſe References are inferted in the Order of Time,
FINI S
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UNIVERSITY OF MICHIGAN
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